SB 2502                                          First Engrossed
       
       
       
       
       
       
       
       
       20202502e1
       
    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         for the expiration and reversion of specified
   26         statutory text; reenacting s. 1001.26(1), F.S.,
   27         relating to the public broadcasting program system;
   28         extending for 1 fiscal year authorization for the
   29         Department of Education to provide certain
   30         appropriated funds to public colleges and universities
   31         for public broadcasting; providing for the expiration
   32         and reversion of specified statutory text; creating s.
   33         1004.6499, F.S.; establishing the Florida Institute of
   34         Politics at the Florida State University; providing
   35         the purpose and goals of the institute; incorporating
   36         by reference certain calculations for the Medicaid
   37         Disproportionate Share Hospital and Hospital
   38         Reimbursement programs; authorizing the Agency for
   39         Health Care Administration, in consultation with the
   40         Department of Health, to submit a budget amendment to
   41         realign funding for a component of the Children’s
   42         Medical Services program to reflect actual enrollment
   43         changes; specifying requirements for such realignment;
   44         authorizing the agency to request nonoperating budget
   45         authority for transferring certain federal funds to
   46         the Department of Health; reenacting s. 409.908(23),
   47         F.S., relating to the reimbursement of Medicaid
   48         providers; extending for 1 fiscal year provisions
   49         regarding reimbursement rates; providing for the
   50         expiration and reversion of specified statutory text;
   51         reenacting s. 409.908(26), F.S., relating to the
   52         reimbursement of Medicaid providers; extending for 1
   53         fiscal year a provision regarding the receipt of funds
   54         to be used for Low Income Pool Program payments;
   55         providing for the expiration and reversion of
   56         specified statutory text; amending s. 409.904, F.S.;
   57         extending for 1 fiscal year a provision requiring the
   58         Agency for Health Care Administration to make payments
   59         to Medicaid-covered services; requiring the Agency for
   60         Health Care Administration, in consultation with the
   61         Department of Children and Families and certain other
   62         entities, to submit a report to the Governor and the
   63         Legislature by a specified date; specifying
   64         requirements for the report; reenacting s.
   65         624.91(5)(b), F.S., relating to the Florida Healthy
   66         Kids Corporation; extending for 1 fiscal year a
   67         provision requiring the corporation to validate the
   68         medical loss ratio and calculate a refund amount for
   69         insurers and providers of health care services who
   70         meet certain criteria; providing for the expiration
   71         and reversion of specified statutory text; amending s.
   72         381.915, F.S.; revising limitations regarding a cancer
   73         center’s participation under Tier 3 of the Florida
   74         Consortium of National Cancer Institute Centers
   75         Program and authorization for centers to pursue
   76         certain designations by the institute; providing for
   77         the expiration and reversion of specified statutory
   78         text; amending s. 893.055, F.S.; extending for 1
   79         fiscal year a provision prohibiting the Attorney
   80         General and the Department of Health from using
   81         certain settlement agreement funds to administer the
   82         prescription drug monitoring program; amending s.
   83         409.911, F.S.; updating the average of audited
   84         disproportionate share data for purposes of
   85         calculating disproportionate share payments; extending
   86         for 1 fiscal year the requirement that the Agency for
   87         Health Care Administration distribute moneys to
   88         hospitals that provide a disproportionate share of
   89         Medicaid or charity care services, as provided in the
   90         General Appropriations Act; amending s. 409.9113,
   91         F.S.; extending for 1 fiscal year the requirement that
   92         the Agency for Health Care Administration make
   93         disproportionate share payments to teaching hospitals
   94         as provided in the General Appropriations Act;
   95         amending s. 409.9119, F.S.; extending for 1 fiscal
   96         year the requirement that the Agency for Health Care
   97         Administration make disproportionate share payments to
   98         certain specialty hospitals for children; authorizing
   99         the Agency for Health Care Administration to submit a
  100         budget amendment to realign Medicaid funding for
  101         specified purposes, subject to certain limitations;
  102         requiring the Agency for Health Care Administration to
  103         contract with an organization for the provision of
  104         elder care services in specified counties if certain
  105         conditions are met; specifying requirements for the
  106         program; authorizing the Agency for Health Care
  107         Administration and the Department of Health to each
  108         submit a budget amendment to realign funding within
  109         the Florida Kidcare program appropriation categories
  110         or increase budget authority for certain purposes;
  111         specifying the timeframe within which any such budget
  112         amendment must be submitted; amending s. 381.986,
  113         F.S.; exempting rules pertaining to the medical use of
  114         marijuana from certain rulemaking requirements;
  115         amending s. 381.988, F.S.; exempting rules pertaining
  116         to medical marijuana testing laboratories from certain
  117         rulemaking requirements; amending s. 14(1), chapter
  118         2017-232, Laws of Florida; exempting certain rules
  119         pertaining to medical marijuana adopted to replace
  120         emergency rules from specified rulemaking
  121         requirements; providing for the expiration and
  122         reversion of specified law; requiring the Agency for
  123         Health Care Administration to replace the Medicaid
  124         Enterprise System; specifying requirements for the
  125         replacement system; requiring the agency to take
  126         specified action; providing for the establishment of
  127         an executive steering committee to oversee
  128         implementation of the replacement system; providing
  129         for membership, meeting requirements, duties, and
  130         responsibilities of the steering committee;
  131         authorizing the Department of Children and Families to
  132         submit a budget amendment to realign funding for
  133         implementation of the Guardianship Assistance Program;
  134         requiring the Department of Children and Families to
  135         establish a formula for the distribution of funds to
  136         implement the Guardianship Assistance Program;
  137         amending s. 296.37, F.S.; extending for 1 fiscal year
  138         a provision specifying the monthly contribution to
  139         residents of a state veterans’ nursing home;
  140         authorizing the Department of Children and Families to
  141         submit a budget amendment to increase budget authority
  142         for the Supplemental Nutrition Assistance Program if
  143         certain conditions are met; authorizing the Department
  144         of Children and Families to submit a budget amendment
  145         to realign funding within the Family Safety Program
  146         for specified purposes; amending s. 216.262, F.S.;
  147         extending for 1 fiscal year the authority of the
  148         Department of Corrections to submit a budget amendment
  149         for additional positions and appropriations under
  150         certain circumstances; amending s. 1011.80, F.S.;
  151         specifying the manner by which state funds for
  152         postsecondary workforce programs may be used for
  153         inmate education; providing for the expiration and
  154         reversion of specified statutory text; amending s.
  155         215.18, F.S.; extending for 1 fiscal year the
  156         authority and related repayment requirements for
  157         temporary trust fund loans to the state court system
  158         which are sufficient to meet the system’s
  159         appropriation; requiring the Department of Juvenile
  160         Justice to review county juvenile detention payments
  161         to determine whether a county has met specified
  162         financial responsibilities; requiring amounts owed by
  163         the county for such financial responsibilities to be
  164         deducted from certain county funds; requiring the
  165         Department of Revenue to transfer withheld funds to a
  166         specified trust fund; requiring the Department of
  167         Revenue to ensure that such reductions in amounts
  168         distributed do not reduce distributions below amounts
  169         necessary for certain payments due on bonds and to
  170         comply with bond covenants; requiring the Department
  171         of Revenue to notify the Department of Juvenile
  172         Justice if bond payment requirements mandate a
  173         reduction in deductions for amounts owed by a county;
  174         reenacting and amending s. 27.40, F.S., relating to
  175         court-appointed counsel; extending for 1 fiscal year
  176         provisions governing the appointment of court
  177         appointed counsel; establishing the Cross
  178         Jurisdictional Death Penalty Pilot Program within the
  179         Office of Criminal Conflict and Civil Regional Counsel
  180         of the Second Appellate District; specifying the
  181         manner of appointing counsel to indigent defendants
  182         who meet specified criteria; providing reporting
  183         requirements regarding the pilot program; specifying
  184         that repeal of the act does not terminate appointments
  185         of counsel made under the pilot program; reenacting
  186         and amending s. 27.5304, F.S., relating to private
  187         court-appointed counsel; extending for 1 fiscal year
  188         limitations on compensation for representation in
  189         criminal proceedings; providing for the expiration and
  190         reversion of specified statutory text; specifying that
  191         clerks of the circuit court are responsible for
  192         certain costs related to juries which exceed a certain
  193         funding level; reenacting s. 318.18(19)(c), F.S.,
  194         relating to penalty amounts for traffic infractions;
  195         extending for 1 fiscal year the redirection of
  196         revenues from the Public Defenders Revenue Trust Fund
  197         to the Indigent Criminal Defense Trust Fund;
  198         reenacting s. 817.568(12)(b), F.S., relating to the
  199         criminal use of personal identification information;
  200         extending for 1 fiscal year the redirection of
  201         revenues from the Public Defenders Revenue Trust Fund
  202         to the Indigent Criminal Defense Trust Fund; providing
  203         for the expiration and reversion of specified
  204         statutory text; requiring the Department of Management
  205         Services to use tenant broker services to renegotiate
  206         or reprocure certain private lease agreements for
  207         office or storage space; requiring the Department of
  208         Management Services to provide a report to the
  209         Governor and Legislature by a specified date;
  210         prohibiting an agency from transferring funds from a
  211         data processing category to another category that is
  212         not a data processing category; authorizing the
  213         Executive Office of the Governor to transfer funds
  214         appropriated for data processing assessment between
  215         departments for a specified purpose; authorizing the
  216         Executive Office of the Governor to transfer funds
  217         between departments for purposes of aligning amounts
  218         paid for risk management insurance and for human
  219         resources services; requiring the Department of
  220         Financial Services to replace specified components of
  221         the Florida Accounting Information Resource Subsystem
  222         (FLAIR) and the Cash Management Subsystem (CMS);
  223         specifying certain actions to be taken by the
  224         Department of Financial Services regarding FLAIR and
  225         CMS replacement; providing for the composition of an
  226         executive steering committee to oversee FLAIR and CMS
  227         replacement; prescribing duties and responsibilities
  228         of the executive steering committee; amending s.
  229         216.181, F.S.; extending for 1 fiscal year the
  230         authority for the Legislative Budget Commission to
  231         increase amounts appropriated to the Fish and Wildlife
  232         Conservation Commission or the Department of
  233         Environmental Protection for certain fixed capital
  234         outlay projects from specified sources; amending s.
  235         215.18, F.S.; extending for 1 fiscal year the
  236         authority of the Governor, if there is a specified
  237         temporary deficiency in a land acquisition trust fund
  238         in the Department of Agriculture and Consumer
  239         Services, the Department of Environmental Protection,
  240         the Department of State, or the Fish and Wildlife
  241         Conservation Commission, to transfer funds from other
  242         trust funds in the State Treasury as a temporary loan
  243         to such trust fund; providing a deadline for the
  244         repayment of a temporary loan; requiring the
  245         Department of Environmental Protection to transfer
  246         designated proportions of the revenues deposited in
  247         the Land Acquisition Trust Fund within the department
  248         to land acquisition trust funds in the Department of
  249         Agriculture and Consumer Services, the Department of
  250         State, and the Fish and Wildlife Conservation
  251         Commission according to specified parameters and
  252         calculations; defining the term “department”;
  253         requiring the Department of Environmental Protection
  254         to retain a proportionate share of revenues;
  255         specifying a limit on distributions; requiring the
  256         Department of Environmental Protection to make
  257         transfers to land acquisition trust funds; specifying
  258         the method of determining transfer amounts;
  259         authorizing the Department of Environmental Protection
  260         to advance funds from its land acquisition trust fund
  261         to the Fish and Wildlife Conservation Commission’s
  262         land acquisition trust fund for specified purposes;
  263         requiring the Department of Environmental Protection
  264         to prorate amounts transferred to the Fish and
  265         Wildlife Conservation Commission; amending s. 216.181,
  266         F.S.; extending for 1 fiscal year authorization for
  267         the Legislative Budget Commission to increase amounts
  268         appropriated to the Department of Environmental
  269         Protection for fixed capital outlay projects using
  270         specified funds; amending s. 570.441, F.S.; extending
  271         for 1 fiscal year a provision authorizing the
  272         Department of Agriculture and Consumer Services to use
  273         certain funds for purposes related to the Division of
  274         Agricultural Environmental Services; reenacting s.
  275         570.93(1)(a), F.S., relating to the agricultural water
  276         conservation program of the Department of Agriculture
  277         and Consumer Services; extending for 1 fiscal year
  278         provisions governing the cost-share program; providing
  279         for the expiration and reversion of specified
  280         statutory text; amending s. 259.105, F.S.; providing
  281         for the distribution of proceeds from the Florida
  282         Forever Trust Fund for the 2020-2021 fiscal year;
  283         amending s. 375.041, F.S.; specifying that certain
  284         funds for projects dedicated to restoring Lake Apopka
  285         shall be appropriated as provided in the General
  286         Appropriations Act; amending s. 321.04, F.S.;
  287         extending for 1 fiscal year a provision requiring the
  288         Department of Highway Safety and Motor Vehicles to
  289         assign one or more patrol officers to the office of
  290         Lieutenant Governor for security purposes, upon
  291         request of the Governor; extending for 1 fiscal year
  292         the requirement that the Department of Highway Safety
  293         and Motor Vehicles assign a patrol officer to a
  294         Cabinet member under certain circumstances; amending
  295         s. 420.9079, F.S.; authorizing funds in the Local
  296         Government Housing Trust Fund to be used as provided
  297         in the General Appropriations Act; amending s.
  298         420.0005, F.S.; authorizing certain funds related to
  299         state housing to be used as provided in the General
  300         Appropriations Act; amending s. 288.1226, F.S.;
  301         extending the scheduled repeal of the Florida Tourism
  302         Industry Marketing Corporation direct-support
  303         organization; amending s. 288.923, F.S.; extending the
  304         scheduled repeal of the Division of Tourism Marketing
  305         of Enterprise Florida, Inc.; amending s. 338.2278,
  306         F.S.; authorizing certain uncommitted funding for the
  307         Transportation Disadvantaged Trust Fund to be used as
  308         provided in the General Appropriations Act; amending
  309         s. 339.135, F.S.; extending for 1 fiscal year
  310         authorization for the chair and vice chair of the
  311         Legislative Budget Commission to approve the
  312         Department of Transportation’s budget amendment under
  313         specified circumstances; authorizing the chair and
  314         vice chair of the commission to approve certain budget
  315         amendments of the Department of Transportation if
  316         certain conditions are met; amending s. 112.061, F.S.;
  317         extending for 1 fiscal year authorization for the
  318         Lieutenant Governor to designate an alternative
  319         official headquarters, subject to certain limitations;
  320         amending s. 216.292, F.S.; extending for 1 fiscal year
  321         a provision prescribing requirements for the review of
  322         certain transfers of appropriations; requiring the
  323         Department of Management Services to maintain and
  324         offer the same health insurance options for
  325         participants of the state group health insurance
  326         program for the 2020-2021 fiscal year as for the
  327         preceding fiscal year; prohibiting a state agency from
  328         initiating a competitive solicitation for a product or
  329         service under certain circumstances; providing an
  330         exception; amending s. 112.24, F.S.; extending for 1
  331         fiscal year the authorization, subject to specified
  332         requirements, for the assignment of an employee of a
  333         state agency under an employee interchange agreement;
  334         providing that the annual salaries of the members of
  335         the Legislature be maintained at a specified level;
  336         reenacting s. 215.32(2)(b), F.S., relating to the
  337         source and use of certain trust funds; providing for
  338         the future expiration and reversion of statutory text;
  339         limiting the use of travel funds to activities that
  340         are critical to an agency’s mission; providing
  341         exceptions; placing a monetary cap on lodging expenses
  342         for state employee travel to certain meetings
  343         organized or sponsored by a state agency or the
  344         judicial branch; authorizing employees to expend their
  345         own funds for lodging expenses in excess of the
  346         monetary caps; prohibiting state agencies from
  347         entering into contracts containing certain
  348         nondisclosure agreements; providing conditions under
  349         which the veto of certain appropriations or proviso
  350         language in the General Appropriations Act voids
  351         language that implements such appropriations;
  352         providing for the continued operation of certain
  353         provisions notwithstanding a future repeal or
  354         expiration provided by the act; providing
  355         severability; providing effective dates.
  356          
  357  Be It Enacted by the Legislature of the State of Florida:
  358  
  359         Section 1. It is the intent of the Legislature that the
  360  implementing and administering provisions of this act apply to
  361  the General Appropriations Act for the 2020-2021 fiscal year.
  362         Section 2. In order to implement Specific Appropriations 8,
  363  9, 10, 92, and 93 of the 2020-2021 General Appropriations Act,
  364  the calculations of the Florida Education Finance Program for
  365  the 2020-2021 fiscal year included in the document titled
  366  “Public School Funding: The Florida Education Finance Program,”
  367  dated February 6, 2020, and filed with the Secretary of the
  368  Senate, are incorporated by reference for the purpose of
  369  displaying the calculations used by the Legislature, consistent
  370  with the requirements of state law, in making appropriations for
  371  the Florida Education Finance Program. This section expires July
  372  1, 2021.
  373         Section 3. In order to implement Specific Appropriations 8
  374  and 92 of the 2020-2021 General Appropriations Act, and
  375  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  376  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  377  expenditure of funds provided for instructional materials, for
  378  the 2020-2021 fiscal year, funds provided for instructional
  379  materials shall be released and expended as required in the
  380  proviso language for Specific Appropriation 92 of the 2020-2021
  381  General Appropriations Act. This section expires July 1, 2021.
  382         Section 4. In order to implement Specific Appropriations 8
  383  and 92 of the 2020-2021 General Appropriations Act, subsections
  384  (11), (17), and (18) of section 1011.62, Florida Statutes, are
  385  amended, and subsection (22) is added to that section, to read:
  386         1011.62 Funds for operation of schools.—If the annual
  387  allocation from the Florida Education Finance Program to each
  388  district for operation of schools is not determined in the
  389  annual appropriations act or the substantive bill implementing
  390  the annual appropriations act, it shall be determined as
  391  follows:
  392         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  393  annually provide in the Florida Education Finance Program a
  394  virtual education contribution. The amount of the virtual
  395  education contribution shall be the difference between the
  396  amount per FTE established in the General Appropriations Act for
  397  virtual education and the amount per FTE for each district and
  398  the Florida Virtual School, which may be calculated by taking
  399  the sum of the base FEFP allocation, the discretionary local
  400  effort, the state-funded discretionary contribution, the
  401  discretionary millage compression supplement, the research-based
  402  reading instruction allocation, the best and brightest teacher
  403  and principal allocation, the teacher salary increase
  404  allocation, and the instructional materials allocation, and then
  405  dividing by the total unweighted FTE. This difference shall be
  406  multiplied by the virtual education unweighted FTE for programs
  407  and options identified in s. 1002.455 and the Florida Virtual
  408  School and its franchises to equal the virtual education
  409  contribution and shall be included as a separate allocation in
  410  the funding formula.
  411         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  412  provide an annual funding compression allocation in the General
  413  Appropriations Act. The allocation is created to provide
  414  additional funding to school districts and developmental
  415  research schools whose total funds per FTE in the prior year
  416  were less than the statewide average. Using the most recent
  417  prior year FEFP calculation for each eligible school district,
  418  the total funds per FTE shall be subtracted from the state
  419  average funds per FTE, not including any adjustments made
  420  pursuant to paragraph (19)(b). The resulting funds per FTE
  421  difference, or a portion thereof, as designated in the General
  422  Appropriations Act, shall then be multiplied by the school
  423  district’s total unweighted FTE to provide the allocation. If
  424  the calculated funds are greater than the amount included in the
  425  General Appropriations Act, they must be prorated to the
  426  appropriation amount based on each participating school
  427  district’s share. This subsection expires July 1, 2021 2020.
  428         (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
  429  ALLOCATION.—
  430         (a) The Florida Best and Brightest Teacher and Principal
  431  Allocation is created to recruit, retain, and recognize
  432  classroom teachers and instructional personnel who meet the
  433  criteria established in s. 1012.731 and reward principals who
  434  meet the criteria established in s. 1012.732. Subject to annual
  435  appropriation, each school district shall receive an allocation
  436  based on the district’s proportionate share of FEFP base
  437  funding. The Legislature may specify a minimum allocation for
  438  all districts in the General Appropriations Act.
  439         (b) From the allocation, each district shall provide the
  440  following:
  441         1. A one-time recruitment award, as provided in s.
  442  1012.731(3)(a);
  443         2. A retention award, as provided in s. 1012.731(3)(b); and
  444         3. A recognition award, as provided in s. 1012.731(3)(c)
  445  from the remaining balance of the appropriation after the
  446  payment of all other awards authorized under ss. 1012.731 and
  447  1012.732.
  448         (c) From the allocation, each district shall provide
  449  eligible principals an award as provided in s. 1012.732(3).
  450  
  451  If a district’s calculated awards exceed the allocation, the
  452  district may prorate the awards.
  453         (d) The allocation authorized in this subsection is
  454  suspended for the 2020-2021 fiscal year and does not apply
  455  during such fiscal year. This paragraph expires July 1, 2021.
  456         (22) TEACHER SALARY INCREASE ALLOCATION.
  457         (a) The Teacher Salary Increase Allocation is created to
  458  increase teacher salaries and improve this state’s relative
  459  teacher salary position when compared with teacher salaries in
  460  other states.
  461         (b)Subject to annual appropriation, funds may be provided
  462  for each school district to increase the minimum base salary for
  463  full-time classroom teachers as defined in s. 1012.01(2)(a) or
  464  all instructional personnel as defined by s. 1012.01(2)(a)-(d),
  465  plus certified prekindergarten teachers, but not including
  466  substitute teachers, by no less than the amount designated in
  467  the General Appropriations Act. In addition, funds may also be
  468  provided in an amount designated in the General Appropriations
  469  Act for salary increases for all full-time instructional
  470  personnel as determined by the school board and the local
  471  bargaining unit.
  472         (c) Funds for this purpose shall be allocated on each
  473  district’s share of the base FEFP allocation. Funds for the
  474  minimum base salary increase may be provided in multiple years
  475  in order to achieve a particular salary goal. The minimum base
  476  salary is the base annual salary before payroll deductions and
  477  excluding additional compensation.
  478         (d) This subsection expires July 1, 2021.
  479         Section 5. The amendment to s. 1011.62(11), Florida
  480  Statutes, by this act, expires July 1, 2021, and the text of
  481  that subsection shall revert to that in existence on June 30,
  482  2020, except that any amendments to such text enacted other than
  483  by this act shall be preserved and continue to operate to the
  484  extent that such amendments are not dependent upon the portions
  485  of text which expire pursuant to this section.
  486         Section 6. In order to implement Specific Appropriations 8
  487  and 92 of the 2020-2021 General Appropriations Act, subsection
  488  (4) is added to section 1012.731, Florida Statutes, to read:
  489         1012.731 The Florida Best and Brightest Teacher Program.—
  490         (4) No awards may be made pursuant to this section and the
  491  operation of the program is suspended for the 2020-2021 fiscal
  492  year. This subsection expires July 1, 2021.
  493         Section 7. In order to implement Specific Appropriations 8
  494  and 92 of the 2020-2021 General Appropriations Act, subsection
  495  (4) is added to section 1012.732, Florida Statutes, to read:
  496         1012.732 The Florida Best and Brightest Principal Program.—
  497         (4) No awards may be made pursuant to this section and the
  498  operation of the program is suspended for the 2020-2021 fiscal
  499  year. This subsection expires July 1, 2021.
  500         Section 8. In order to implement Specific Appropriation 21
  501  of the 2020-2021 General Appropriations Act, subsection (1) of
  502  section 1013.62, Florida Statutes, is amended to read:
  503         1013.62 Charter schools capital outlay funding.—
  504         (1) For the 2020-2021 2018-2019 fiscal year, charter school
  505  capital outlay funding shall consist of state funds appropriated
  506  in the 2020-2021 2018-2019 General Appropriations Act. Beginning
  507  in fiscal year 2021-2022 2019-2020, charter school capital
  508  outlay funding shall consist of state funds when such funds are
  509  appropriated in the General Appropriations Act and revenue
  510  resulting from the discretionary millage authorized in s.
  511  1011.71(2) if the amount of state funds appropriated for charter
  512  school capital outlay in any fiscal year is less than the
  513  average charter school capital outlay funds per unweighted full
  514  time equivalent student for the 2018-2019 fiscal year,
  515  multiplied by the estimated number of charter school students
  516  for the applicable fiscal year, and adjusted by changes in the
  517  Consumer Price Index issued by the United States Department of
  518  Labor from the previous fiscal year. Nothing in this subsection
  519  prohibits a school district from distributing to charter schools
  520  funds resulting from the discretionary millage authorized in s.
  521  1011.71(2).
  522         (a) To be eligible to receive capital outlay funds, a
  523  charter school must:
  524         1.a. Have been in operation for 2 or more years;
  525         b. Be governed by a governing board established in the
  526  state for 2 or more years which operates both charter schools
  527  and conversion charter schools within the state;
  528         c. Be an expanded feeder chain of a charter school within
  529  the same school district that is currently receiving charter
  530  school capital outlay funds;
  531         d. Have been accredited by a regional accrediting
  532  association as defined by State Board of Education rule; or
  533         e. Serve students in facilities that are provided by a
  534  business partner for a charter school-in-the-workplace pursuant
  535  to s. 1002.33(15)(b).
  536         2. Have an annual audit that does not reveal any of the
  537  financial emergency conditions provided in s. 218.503(1) for the
  538  most recent fiscal year for which such audit results are
  539  available.
  540         3. Have satisfactory student achievement based on state
  541  accountability standards applicable to the charter school.
  542         4. Have received final approval from its sponsor pursuant
  543  to s. 1002.33 for operation during that fiscal year.
  544         5. Serve students in facilities that are not provided by
  545  the charter school’s sponsor.
  546         (b) A charter school is not eligible to receive capital
  547  outlay funds if it was created by the conversion of a public
  548  school and operates in facilities provided by the charter
  549  school’s sponsor for a nominal fee, or at no charge, or if it is
  550  directly or indirectly operated by the school district.
  551         Section 9. The amendments to s. 1013.62(1), Florida
  552  Statutes, by this act expire July 1, 2021, and the text of that
  553  subsection shall revert to that in existence on June 30, 2020,
  554  except that any amendments to such text enacted other than by
  555  this act shall be preserved and continue to operate to the
  556  extent that such amendments are not dependent upon the portions
  557  of text which expire pursuant to this section.
  558         Section 10. In order to implement Specific Appropriation
  559  123 of the 2020-2021 General Appropriations Act, and
  560  notwithstanding the expiration date in section 8 of chapter
  561  2019-116, Laws of Florida, subsection (1) of section 1001.26,
  562  Florida Statutes, is reenacted to read:
  563         1001.26 Public broadcasting program system.—
  564         (1) There is created a public broadcasting program system
  565  for the state. The department shall provide funds, as
  566  specifically appropriated in the General Appropriations Act, to
  567  educational television stations qualified by the Corporation for
  568  Public Broadcasting or public colleges and universities that are
  569  part of the public broadcasting program system. The program
  570  system must include:
  571         (a) Support for existing Corporation for Public
  572  Broadcasting qualified program system educational television
  573  stations.
  574         (b) Maintenance of quality broadcast capability for
  575  educational stations that are part of the program system.
  576         (c) Interconnection of all educational stations that are
  577  part of the program system for simultaneous broadcast and of
  578  such stations with all universities and other institutions as
  579  necessary for sharing of resources and delivery of programming.
  580         (d) Establishment and maintenance of a capability for
  581  statewide program distribution with facilities and staff,
  582  provided such facilities and staff complement and strengthen
  583  existing educational television stations.
  584         (e) Provision of both statewide programming funds and
  585  station programming support for educational television to meet
  586  statewide priorities. Priorities for station programming need
  587  not be the same as priorities for programming to be used
  588  statewide. Station programming may include, but shall not be
  589  limited to, citizens’ participation programs, music and fine
  590  arts programs, coverage of public hearings and governmental
  591  meetings, equal air time for political candidates, and other
  592  public interest programming.
  593         Section 11. The text of s. 1001.26(1), Florida Statutes, as
  594  carried forward from chapter 2019-116, Laws of Florida, by this
  595  act, expires July 1, 2021, and the text of that subsection shall
  596  revert to that in existence on June 30, 2018, except that any
  597  amendments enacted other than by this act shall be preserved and
  598  continue to operate to the extent that such amendments are not
  599  dependent upon the portions of text which expire pursuant to
  600  this section.
  601         Section 12. In order to implement Specific Appropriation
  602  150 of the 2020-2021 General Appropriations Act, section
  603  1004.6499, Florida Statutes, is created to read:
  604         1004.6499 Florida Institute of Politics.—
  605         (1) The Florida Institute of Politics is established at the
  606  Florida State University within the College of Social Sciences
  607  and Public Policy. The purpose of the institute is to provide
  608  the southeastern region of the United States with a world class,
  609  bipartisan, nationally-renowned institute of politics.
  610         (2) The goals of the institute are to:
  611         (a) Motivate students across the Florida State University
  612  to become aware of the significance of government and civic
  613  engagement at all levels and politics in general.
  614         (b)Provide students with an opportunity to be politically
  615  active and civically engaged.
  616         (c) Nurture a state of consciousness and passion for public
  617  service and politics.
  618         (d) Plan and host forums to allow students and guests to
  619  hear from and interact with experts from government, politics,
  620  policy, and journalism on a frequent basis.
  621         (e) Become a national and state resource on polling
  622  information and survey methodology.
  623         (f) Provide fellowships and internship opportunities to
  624  students in government, non-profit organizations, and community
  625  organizations.
  626         (g) Provide training sessions for newly elected state and
  627  local public officials.
  628         (h) Organize and sponsor conferences, symposia and
  629  workshops throughout Florida to educate and inform citizens,
  630  elected officials, and appointed policymakers regarding
  631  effective policymaking techniques and processes.
  632         (i) Create and promote research and awareness regarding
  633  politics, citizen involvement and public service.
  634         (j) Collaborate with related policy institutes and research
  635  activities at Florida State University and other institutions of
  636  higher education to motivate, increase and sustain citizen
  637  involvement in public affairs.
  638         (3) This section expires July 1, 2021.
  639         Section 13. In order to implement Specific Appropriations
  640  207, 208, 211, and 215 of the 2020-2021 General Appropriations
  641  Act, the calculations for the Medicaid Disproportionate Share
  642  Hospital and Hospital Reimbursement programs for the 2020-2021
  643  fiscal year contained in the document titled “Medicaid
  644  Disproportionate Share Hospital and Hospital Reimbursement
  645  Programs, Fiscal Year 2020-2021,” dated February 6, 2020, and
  646  filed with the Secretary of the Senate, are incorporated by
  647  reference for the purpose of displaying the calculations used by
  648  the Legislature, consistent with the requirements of state law,
  649  in making appropriations for the Medicaid Disproportionate Share
  650  Hospital and Hospital Reimbursement programs. This section
  651  expires July 1, 2021.
  652         Section 14. In order to implement Specific Appropriations
  653  201 through 228 and 526 of the 2020-2021 General Appropriations
  654  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  655  Statutes, the Agency for Health Care Administration, in
  656  consultation with the Department of Health, may submit a budget
  657  amendment, subject to the notice, review, and objection
  658  procedures of s. 216.177, Florida Statutes, to realign funding
  659  within and between agencies based on implementation of the
  660  Managed Medical Assistance component of the Statewide Medicaid
  661  Managed Care program for the Children’s Medical Services program
  662  of the Department of Health. The funding realignment shall
  663  reflect the actual enrollment changes due to the transfer of
  664  beneficiaries from fee-for-service to the capitated Children’s
  665  Medical Services Network. The Agency for Health Care
  666  Administration may submit a request for nonoperating budget
  667  authority to transfer the federal funds to the Department of
  668  Health pursuant to s. 216.181(12), Florida Statutes. This
  669  section expires July 1, 2021.
  670         Section 15. In order to implement Specific Appropriations
  671  225 and 226 of the 2020-2021 General Appropriations Act, and
  672  notwithstanding the expiration date in section 19 of chapter
  673  2019-116, Laws of Florida, subsection (23) of section 409.908,
  674  Florida Statutes, is reenacted to read:
  675         409.908 Reimbursement of Medicaid providers.—Subject to
  676  specific appropriations, the agency shall reimburse Medicaid
  677  providers, in accordance with state and federal law, according
  678  to methodologies set forth in the rules of the agency and in
  679  policy manuals and handbooks incorporated by reference therein.
  680  These methodologies may include fee schedules, reimbursement
  681  methods based on cost reporting, negotiated fees, competitive
  682  bidding pursuant to s. 287.057, and other mechanisms the agency
  683  considers efficient and effective for purchasing services or
  684  goods on behalf of recipients. If a provider is reimbursed based
  685  on cost reporting and submits a cost report late and that cost
  686  report would have been used to set a lower reimbursement rate
  687  for a rate semester, then the provider’s rate for that semester
  688  shall be retroactively calculated using the new cost report, and
  689  full payment at the recalculated rate shall be effected
  690  retroactively. Medicare-granted extensions for filing cost
  691  reports, if applicable, shall also apply to Medicaid cost
  692  reports. Payment for Medicaid compensable services made on
  693  behalf of Medicaid eligible persons is subject to the
  694  availability of moneys and any limitations or directions
  695  provided for in the General Appropriations Act or chapter 216.
  696  Further, nothing in this section shall be construed to prevent
  697  or limit the agency from adjusting fees, reimbursement rates,
  698  lengths of stay, number of visits, or number of services, or
  699  making any other adjustments necessary to comply with the
  700  availability of moneys and any limitations or directions
  701  provided for in the General Appropriations Act, provided the
  702  adjustment is consistent with legislative intent.
  703         (23)(a) The agency shall establish rates at a level that
  704  ensures no increase in statewide expenditures resulting from a
  705  change in unit costs for county health departments effective
  706  July 1, 2011. Reimbursement rates shall be as provided in the
  707  General Appropriations Act.
  708         (b)1. Base rate reimbursement for inpatient services under
  709  a diagnosis-related group payment methodology shall be provided
  710  in the General Appropriations Act.
  711         2. Base rate reimbursement for outpatient services under an
  712  enhanced ambulatory payment group methodology shall be provided
  713  in the General Appropriations Act.
  714         3. Prospective payment system reimbursement for nursing
  715  home services shall be as provided in subsection (2) and in the
  716  General Appropriations Act.
  717         Section 16. The text of s. 409.908(23), Florida Statutes,
  718  as carried forward from chapter 2018-10, Laws of Florida, by
  719  this act, expires July 1, 2021, and the text of that subsection
  720  shall revert to that in existence on October 1, 2018, not
  721  including any amendments made by chapter 2018-10, Laws of
  722  Florida, except that any amendments to such text enacted other
  723  than by this act and chapters 2019-116 and 2018-10, Laws of
  724  Florida, shall be preserved and continue to operate to the
  725  extent that such amendments are not dependent upon the portions
  726  of text which expire pursuant to this section.
  727         Section 17. In order to implement Specific Appropriation
  728  209 of the 2020-2021 General Appropriations Act, and
  729  notwithstanding the expiration date in section 21 of chapter
  730  2019-116, Laws of Florida, subsection (26) of section 409.908,
  731  Florida Statutes, is reenacted to read:
  732         409.908 Reimbursement of Medicaid providers.—Subject to
  733  specific appropriations, the agency shall reimburse Medicaid
  734  providers, in accordance with state and federal law, according
  735  to methodologies set forth in the rules of the agency and in
  736  policy manuals and handbooks incorporated by reference therein.
  737  These methodologies may include fee schedules, reimbursement
  738  methods based on cost reporting, negotiated fees, competitive
  739  bidding pursuant to s. 287.057, and other mechanisms the agency
  740  considers efficient and effective for purchasing services or
  741  goods on behalf of recipients. If a provider is reimbursed based
  742  on cost reporting and submits a cost report late and that cost
  743  report would have been used to set a lower reimbursement rate
  744  for a rate semester, then the provider’s rate for that semester
  745  shall be retroactively calculated using the new cost report, and
  746  full payment at the recalculated rate shall be effected
  747  retroactively. Medicare-granted extensions for filing cost
  748  reports, if applicable, shall also apply to Medicaid cost
  749  reports. Payment for Medicaid compensable services made on
  750  behalf of Medicaid eligible persons is subject to the
  751  availability of moneys and any limitations or directions
  752  provided for in the General Appropriations Act or chapter 216.
  753  Further, nothing in this section shall be construed to prevent
  754  or limit the agency from adjusting fees, reimbursement rates,
  755  lengths of stay, number of visits, or number of services, or
  756  making any other adjustments necessary to comply with the
  757  availability of moneys and any limitations or directions
  758  provided for in the General Appropriations Act, provided the
  759  adjustment is consistent with legislative intent.
  760         (26) The agency may receive funds from state entities,
  761  including, but not limited to, the Department of Health, local
  762  governments, and other local political subdivisions, for the
  763  purpose of making special exception payments and Low Income Pool
  764  Program payments, including federal matching funds. Funds
  765  received for this purpose shall be separately accounted for and
  766  may not be commingled with other state or local funds in any
  767  manner. The agency may certify all local governmental funds used
  768  as state match under Title XIX of the Social Security Act to the
  769  extent and in the manner authorized under the General
  770  Appropriations Act and pursuant to an agreement between the
  771  agency and the local governmental entity. In order for the
  772  agency to certify such local governmental funds, a local
  773  governmental entity must submit a final, executed letter of
  774  agreement to the agency, which must be received by October 1 of
  775  each fiscal year and provide the total amount of local
  776  governmental funds authorized by the entity for that fiscal year
  777  under the General Appropriations Act. The local governmental
  778  entity shall use a certification form prescribed by the agency.
  779  At a minimum, the certification form must identify the amount
  780  being certified and describe the relationship between the
  781  certifying local governmental entity and the local health care
  782  provider. Local governmental funds outlined in the letters of
  783  agreement must be received by the agency no later than October
  784  31 of each fiscal year in which such funds are pledged, unless
  785  an alternative plan is specifically approved by the agency.
  786         Section 18. The text of s. 409.908(26), Florida Statutes,
  787  as carried forward from chapter 2019-116, Laws of Florida, by
  788  this act, expires July 1, 2021, and the text of that subsection
  789  shall revert to that in existence on June 30, 2019, except that
  790  any amendments to such text enacted other than by this act shall
  791  be preserved and continue to operate to the extent that such
  792  amendments are not dependent upon the portions of text which
  793  expire pursuant to this section.
  794         Section 19. In order to implement Specific Appropriations
  795  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  796  Appropriations Act, subsection (12) of section 409.904, Florida
  797  Statutes, is amended to read:
  798         409.904 Optional payments for eligible persons.—The agency
  799  may make payments for medical assistance and related services on
  800  behalf of the following persons who are determined to be
  801  eligible subject to the income, assets, and categorical
  802  eligibility tests set forth in federal and state law. Payment on
  803  behalf of these Medicaid eligible persons is subject to the
  804  availability of moneys and any limitations established by the
  805  General Appropriations Act or chapter 216.
  806         (12) Effective July 1, 2020 2019, the agency shall make
  807  payments to Medicaid-covered services:
  808         (a) For eligible children and pregnant women, retroactive
  809  for a period of no more than 90 days before the month in which
  810  an application for Medicaid is submitted.
  811         (b) For eligible nonpregnant adults, retroactive to the
  812  first day of the month in which an application for Medicaid is
  813  submitted.
  814  
  815  This subsection expires July 1, 2021 2020.
  816         Section 20. In order to implement Specific Appropriations
  817  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  818  Appropriations Act, by March 1, 2021, the Agency for Health Care
  819  Administration, in consultation with the Department of Children
  820  and Families, the Florida Hospital Association, the Safety Net
  821  Hospital Alliance of Florida, the Florida Health Care
  822  Association, and LeadingAge Florida, shall submit a report to
  823  the Governor, the President of the Senate, and the Speaker of
  824  the House of Representatives regarding the impact of the waiver
  825  of Medicaid retroactive eligibility on beneficiaries and
  826  providers. The report must include, but is not limited to:
  827         (1)The total unduplicated number of nonpregnant adults who
  828  applied for Medicaid at a hospital site from May 1, 2020,
  829  through January 31, 2021; and, of those applicants, the number
  830  whose Medicaid applications were approved, the number whose
  831  Medicaid applications were denied, and the reasons for denial
  832  ranked by frequency.
  833         (2)The total unduplicated number of nonpregnant adults who
  834  applied for Medicaid at a nursing home site from May 1, 2020,
  835  through January 31, 2021; and, of those applicants, the number
  836  whose Medicaid applications were approved, the number whose
  837  Medicaid applications were denied, and the reasons for denial
  838  ranked by frequency.
  839         (3)The estimated impact of medical debt on nonpregnant
  840  adults for whom a Medicaid application was not submitted in the
  841  same month when the individual became an inpatient of a hospital
  842  or a resident of a nursing home.
  843         (4)Additional recommendations to improve outreach and
  844  Medicaid coverage for nonpregnant adults who would be eligible
  845  for Medicaid if they applied before an event that requires
  846  hospital or nursing home care.
  847  
  848  This section expires July 1, 2021.
  849         Section 21. In order to implement Specific Appropriations
  850  181 through 184 of the 2020-2021 General Appropriations Act, and
  851  notwithstanding the expiration date in section 31 of chapter
  852  2019-116, Laws of Florida, paragraph (b) of subsection (5) of
  853  section 624.91, Florida Statutes, is reenacted to read:
  854         624.91 The Florida Healthy Kids Corporation Act.—
  855         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  856         (b) The Florida Healthy Kids Corporation shall:
  857         1. Arrange for the collection of any family, local
  858  contributions, or employer payment or premium, in an amount to
  859  be determined by the board of directors, to provide for payment
  860  of premiums for comprehensive insurance coverage and for the
  861  actual or estimated administrative expenses.
  862         2. Arrange for the collection of any voluntary
  863  contributions to provide for payment of Florida Kidcare program
  864  premiums for children who are not eligible for medical
  865  assistance under Title XIX or Title XXI of the Social Security
  866  Act.
  867         3. Subject to the provisions of s. 409.8134, accept
  868  voluntary supplemental local match contributions that comply
  869  with the requirements of Title XXI of the Social Security Act
  870  for the purpose of providing additional Florida Kidcare coverage
  871  in contributing counties under Title XXI.
  872         4. Establish the administrative and accounting procedures
  873  for the operation of the corporation.
  874         5. Establish, with consultation from appropriate
  875  professional organizations, standards for preventive health
  876  services and providers and comprehensive insurance benefits
  877  appropriate to children, provided that such standards for rural
  878  areas shall not limit primary care providers to board-certified
  879  pediatricians.
  880         6. Determine eligibility for children seeking to
  881  participate in the Title XXI-funded components of the Florida
  882  Kidcare program consistent with the requirements specified in s.
  883  409.814, as well as the non-Title-XXI-eligible children as
  884  provided in subsection (3).
  885         7. Establish procedures under which providers of local
  886  match to, applicants to and participants in the program may have
  887  grievances reviewed by an impartial body and reported to the
  888  board of directors of the corporation.
  889         8. Establish participation criteria and, if appropriate,
  890  contract with an authorized insurer, health maintenance
  891  organization, or third-party administrator to provide
  892  administrative services to the corporation.
  893         9. Establish enrollment criteria that include penalties or
  894  waiting periods of 30 days for reinstatement of coverage upon
  895  voluntary cancellation for nonpayment of family premiums.
  896         10. Contract with authorized insurers or any provider of
  897  health care services, meeting standards established by the
  898  corporation, for the provision of comprehensive insurance
  899  coverage to participants. Such standards shall include criteria
  900  under which the corporation may contract with more than one
  901  provider of health care services in program sites. Health plans
  902  shall be selected through a competitive bid process. The Florida
  903  Healthy Kids Corporation shall purchase goods and services in
  904  the most cost-effective manner consistent with the delivery of
  905  quality medical care. The maximum administrative cost for a
  906  Florida Healthy Kids Corporation contract shall be 15 percent.
  907  For health care contracts, the minimum medical loss ratio for a
  908  Florida Healthy Kids Corporation contract shall be 85 percent.
  909  For dental contracts, the remaining compensation to be paid to
  910  the authorized insurer or provider under a Florida Healthy Kids
  911  Corporation contract shall be no less than an amount which is 85
  912  percent of premium; to the extent any contract provision does
  913  not provide for this minimum compensation, this section shall
  914  prevail. For an insurer or any provider of health care services
  915  which achieves an annual medical loss ratio below 85 percent,
  916  the Florida Healthy Kids Corporation shall validate the medical
  917  loss ratio and calculate an amount to be refunded by the insurer
  918  or any provider of health care services to the state which shall
  919  be deposited into the General Revenue Fund unallocated. The
  920  health plan selection criteria and scoring system, and the
  921  scoring results, shall be available upon request for inspection
  922  after the bids have been awarded.
  923         11. Establish disenrollment criteria in the event local
  924  matching funds are insufficient to cover enrollments.
  925         12. Develop and implement a plan to publicize the Florida
  926  Kidcare program, the eligibility requirements of the program,
  927  and the procedures for enrollment in the program and to maintain
  928  public awareness of the corporation and the program.
  929         13. Secure staff necessary to properly administer the
  930  corporation. Staff costs shall be funded from state and local
  931  matching funds and such other private or public funds as become
  932  available. The board of directors shall determine the number of
  933  staff members necessary to administer the corporation.
  934         14. In consultation with the partner agencies, provide a
  935  report on the Florida Kidcare program annually to the Governor,
  936  the Chief Financial Officer, the Commissioner of Education, the
  937  President of the Senate, the Speaker of the House of
  938  Representatives, and the Minority Leaders of the Senate and the
  939  House of Representatives.
  940         15. Provide information on a quarterly basis to the
  941  Legislature and the Governor which compares the costs and
  942  utilization of the full-pay enrolled population and the Title
  943  XXI-subsidized enrolled population in the Florida Kidcare
  944  program. The information, at a minimum, must include:
  945         a. The monthly enrollment and expenditure for full-pay
  946  enrollees in the Medikids and Florida Healthy Kids programs
  947  compared to the Title XXI-subsidized enrolled population; and
  948         b. The costs and utilization by service of the full-pay
  949  enrollees in the Medikids and Florida Healthy Kids programs and
  950  the Title XXI-subsidized enrolled population.
  951         16. Establish benefit packages that conform to the
  952  provisions of the Florida Kidcare program, as created in ss.
  953  409.810-409.821.
  954         Section 22. The text of s. 624.91(5)(b), Florida Statutes,
  955  as carried forward from chapter 2019-116, Laws of Florida, by
  956  this act, expires July 1, 2021, and the text of that paragraph
  957  shall revert to that in existence on June 30, 2019, except that
  958  any amendments to such text enacted other than by this act shall
  959  be preserved and continue to operate to the extent that such
  960  amendments are not dependent upon the portions of text which
  961  expire pursuant to this section.
  962         Section 23. In order to implement Specific Appropriation
  963  458 of the 2020-2021 General Appropriations Act, subsection (4)
  964  of section 381.915, Florida Statutes, is amended to read:
  965         381.915 Florida Consortium of National Cancer Institute
  966  Centers Program.—
  967         (4) Tier designations and corresponding weights within the
  968  Florida Consortium of National Cancer Institute Centers Program
  969  are as follows:
  970         (a) Tier 1: Florida-based NCI-designated comprehensive
  971  cancer centers, which shall be weighted at 1.5.
  972         (b) Tier 2: Florida-based NCI-designated cancer centers,
  973  which shall be weighted at 1.25.
  974         (c) Tier 3: Florida-based cancer centers seeking
  975  designation as either a NCI-designated cancer center or NCI
  976  designated comprehensive cancer center, which shall be weighted
  977  at 1.0.
  978         1. A cancer center shall meet the following minimum
  979  criteria to be considered eligible for Tier 3 designation in any
  980  given fiscal year:
  981         a. Conducting cancer-related basic scientific research and
  982  cancer-related population scientific research;
  983         b. Offering and providing the full range of diagnostic and
  984  treatment services on site, as determined by the Commission on
  985  Cancer of the American College of Surgeons;
  986         c. Hosting or conducting cancer-related interventional
  987  clinical trials that are registered with the NCI’s Clinical
  988  Trials Reporting Program;
  989         d. Offering degree-granting programs or affiliating with
  990  universities through degree-granting programs accredited or
  991  approved by a nationally recognized agency and offered through
  992  the center or through the center in conjunction with another
  993  institution accredited by the Commission on Colleges of the
  994  Southern Association of Colleges and Schools;
  995         e. Providing training to clinical trainees, medical
  996  trainees accredited by the Accreditation Council for Graduate
  997  Medical Education or the American Osteopathic Association, and
  998  postdoctoral fellows recently awarded a doctorate degree; and
  999         f. Having more than $5 million in annual direct costs
 1000  associated with their total NCI peer-reviewed grant funding.
 1001         2. The General Appropriations Act or accompanying
 1002  legislation may limit the number of cancer centers which shall
 1003  receive Tier 3 designations or provide additional criteria for
 1004  such designation.
 1005         3. A cancer center’s participation in Tier 3 may not extend
 1006  beyond July 1, 2021 shall be limited to 6 years.
 1007         4. A cancer center that qualifies as a designated Tier 3
 1008  center under the criteria provided in subparagraph 1. by July 1,
 1009  2014, is authorized to pursue NCI designation as a cancer center
 1010  or a comprehensive cancer center until July 1, 2021 for 6 years
 1011  after qualification.
 1012         Section 24. The amendments to s. 381.915(4), Florida
 1013  Statutes, by this act expire July 1, 2021, and the text of that
 1014  subsection shall revert to that in existence on June 30, 2020,
 1015  except that any amendments to such text enacted other than by
 1016  this act shall be preserved and continue to operate to the
 1017  extent that such amendments are not dependent upon the portions
 1018  of text which expire pursuant to this section.
 1019         Section 25. In order to implement Specific Appropriations
 1020  536, 537, 542, and 545 of the 2020-2021 General Appropriations
 1021  Act, subsection (17) of section 893.055, Florida Statutes, is
 1022  amended to read:
 1023         893.055 Prescription drug monitoring program.—
 1024         (17) For the 2020-2021 2019-2020 fiscal year only, neither
 1025  the Attorney General nor the department may use funds received
 1026  as part of a settlement agreement to administer the prescription
 1027  drug monitoring program. This subsection expires July 1, 2021
 1028  2020.
 1029         Section 26. In order to implement Specific Appropriation
 1030  208 of the 2020-2021 General Appropriations Act, subsections (2)
 1031  and (10) of section 409.911, Florida Statutes, are amended to
 1032  read:
 1033         409.911 Disproportionate share program.—Subject to specific
 1034  allocations established within the General Appropriations Act
 1035  and any limitations established pursuant to chapter 216, the
 1036  agency shall distribute, pursuant to this section, moneys to
 1037  hospitals providing a disproportionate share of Medicaid or
 1038  charity care services by making quarterly Medicaid payments as
 1039  required. Notwithstanding the provisions of s. 409.915, counties
 1040  are exempt from contributing toward the cost of this special
 1041  reimbursement for hospitals serving a disproportionate share of
 1042  low-income patients.
 1043         (2) The Agency for Health Care Administration shall use the
 1044  following actual audited data to determine the Medicaid days and
 1045  charity care to be used in calculating the disproportionate
 1046  share payment:
 1047         (a) The average of the 2012, 2013, and 2014 2011, 2012, and
 1048  2013 audited disproportionate share data to determine each
 1049  hospital’s Medicaid days and charity care for the 2020-2021
 1050  2019-2020 state fiscal year.
 1051         (b) If the Agency for Health Care Administration does not
 1052  have the prescribed 3 years of audited disproportionate share
 1053  data as noted in paragraph (a) for a hospital, the agency shall
 1054  use the average of the years of the audited disproportionate
 1055  share data as noted in paragraph (a) which is available.
 1056         (c) In accordance with s. 1923(b) of the Social Security
 1057  Act, a hospital with a Medicaid inpatient utilization rate
 1058  greater than one standard deviation above the statewide mean or
 1059  a hospital with a low-income utilization rate of 25 percent or
 1060  greater shall qualify for reimbursement.
 1061         (10) Notwithstanding any provision of this section to the
 1062  contrary, for the 2020-2021 2019-2020 state fiscal year, the
 1063  agency shall distribute moneys to hospitals providing a
 1064  disproportionate share of Medicaid or charity care services as
 1065  provided in the 2020-2021 2019-2020 General Appropriations Act.
 1066  This subsection expires July 1, 2021 2020.
 1067         Section 27. In order to implement Specific Appropriation
 1068  208 of the 2020-2021 General Appropriations Act, subsection (3)
 1069  of section 409.9113, Florida Statutes, is amended to read:
 1070         409.9113 Disproportionate share program for teaching
 1071  hospitals.—In addition to the payments made under s. 409.911,
 1072  the agency shall make disproportionate share payments to
 1073  teaching hospitals, as defined in s. 408.07, for their increased
 1074  costs associated with medical education programs and for
 1075  tertiary health care services provided to the indigent. This
 1076  system of payments must conform to federal requirements and
 1077  distribute funds in each fiscal year for which an appropriation
 1078  is made by making quarterly Medicaid payments. Notwithstanding
 1079  s. 409.915, counties are exempt from contributing toward the
 1080  cost of this special reimbursement for hospitals serving a
 1081  disproportionate share of low-income patients. The agency shall
 1082  distribute the moneys provided in the General Appropriations Act
 1083  to statutorily defined teaching hospitals and family practice
 1084  teaching hospitals, as defined in s. 395.805, pursuant to this
 1085  section. The funds provided for statutorily defined teaching
 1086  hospitals shall be distributed as provided in the General
 1087  Appropriations Act. The funds provided for family practice
 1088  teaching hospitals shall be distributed equally among family
 1089  practice teaching hospitals.
 1090         (3) Notwithstanding any provision of this section to the
 1091  contrary, for the 2020-2021 2019-2020 state fiscal year, the
 1092  agency shall make disproportionate share payments to teaching
 1093  hospitals, as defined in s. 408.07, as provided in the 2020-2021
 1094  2019-2020 General Appropriations Act. This subsection expires
 1095  July 1, 2021 2020.
 1096         Section 28. In order to implement Specific Appropriation
 1097  208 of the 2020-2021 General Appropriations Act, subsection (4)
 1098  of section 409.9119, Florida Statutes, is amended to read:
 1099         409.9119 Disproportionate share program for specialty
 1100  hospitals for children.—In addition to the payments made under
 1101  s. 409.911, the Agency for Health Care Administration shall
 1102  develop and implement a system under which disproportionate
 1103  share payments are made to those hospitals that are separately
 1104  licensed by the state as specialty hospitals for children, have
 1105  a federal Centers for Medicare and Medicaid Services
 1106  certification number in the 3300-3399 range, have Medicaid days
 1107  that exceed 55 percent of their total days and Medicare days
 1108  that are less than 5 percent of their total days, and were
 1109  licensed on January 1, 2013, as specialty hospitals for
 1110  children. This system of payments must conform to federal
 1111  requirements and must distribute funds in each fiscal year for
 1112  which an appropriation is made by making quarterly Medicaid
 1113  payments. Notwithstanding s. 409.915, counties are exempt from
 1114  contributing toward the cost of this special reimbursement for
 1115  hospitals that serve a disproportionate share of low-income
 1116  patients. The agency may make disproportionate share payments to
 1117  specialty hospitals for children as provided for in the General
 1118  Appropriations Act.
 1119         (4) Notwithstanding any provision of this section to the
 1120  contrary, for the 2020-2021 2019-2020 state fiscal year, for
 1121  hospitals achieving full compliance under subsection (3), the
 1122  agency shall make disproportionate share payments to specialty
 1123  hospitals for children as provided in the 2020-2021 2019-2020
 1124  General Appropriations Act. This subsection expires July 1, 2021
 1125  2020.
 1126         Section 29. In order to implement Specific Appropriations
 1127  201 through 228 of the 2020-2021 General Appropriations Act, and
 1128  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1129  Agency for Health Care Administration may submit a budget
 1130  amendment, subject to the notice, review, and objection
 1131  procedures of s. 216.177, Florida Statutes, to realign funding
 1132  within the Medicaid program appropriation categories to address
 1133  projected surpluses and deficits within the program and to
 1134  maximize the use of state trust funds. A single budget amendment
 1135  shall be submitted in the last quarter of the 2020-2021 fiscal
 1136  year only. This section expires July 1, 2021.
 1137         Section 30. In order to implement Specific Appropriation
 1138  406 of the 2020-2021 General Appropriations Act, and subject to
 1139  federal approval of the application to be a site for the Program
 1140  of All-Inclusive Care for the Elderly, the Agency for Health
 1141  Care Administration shall contract with one private health care
 1142  organization, the sole member of which is a private, not-for
 1143  profit corporation that owns and manages health care
 1144  organizations that provide comprehensive long-term care
 1145  services, including nursing home, assisted living, independent
 1146  housing, home care, adult day care, and care management. This
 1147  organization shall provide these services to frail and elderly
 1148  persons who reside in Escambia, Okaloosa, and Santa Rosa
 1149  Counties. The organization is exempt from the requirements of
 1150  chapter 641, Florida Statutes. The agency, in consultation with
 1151  the Department of Elderly Affairs and subject to an
 1152  appropriation, shall approve up to 200 initial enrollees in the
 1153  Program of All-Inclusive Care for the Elderly established by
 1154  this organization to serve elderly persons who reside in
 1155  Escambia, Okaloosa, and Santa Rosa Counties. This section
 1156  expires July 1, 2021.
 1157         Section 31. In order to implement Specific Appropriations
 1158  181 through 186 and 526 of the 2020-2021 General Appropriations
 1159  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1160  Statutes, the Agency for Health Care Administration and the
 1161  Department of Health may each submit a budget amendment, subject
 1162  to the notice, review, and objection procedures of s. 216.177,
 1163  Florida Statutes, to realign funding within the Florida Kidcare
 1164  program appropriation categories, or to increase budget
 1165  authority in the Children’s Medical Services Network category,
 1166  to address projected surpluses and deficits within the program
 1167  or to maximize the use of state trust funds. A single budget
 1168  amendment must be submitted by each agency in the last quarter
 1169  of the 2020-2021 fiscal year only. This section expires July 1,
 1170  2021.
 1171         Section 32. In order to implement Specific Appropriations
 1172  468 through 470, 475, and 482 of the 2020-2021 General
 1173  Appropriations Act, subsection (17) of section 381.986, Florida
 1174  Statutes, is amended to read:
 1175         381.986 Medical use of marijuana.—
 1176         (17) Rules adopted pursuant to this section before July 1,
 1177  2021 2020, are not subject to ss. 120.54(3)(b) and 120.541.
 1178  Notwithstanding paragraph (8)(e), a medical marijuana treatment
 1179  center may use a laboratory that has not been certified by the
 1180  department under s. 381.988 until such time as at least one
 1181  laboratory holds the required certification pursuant to s.
 1182  381.988, but in no event later than July 1, 2021 2020. This
 1183  subsection expires July 1, 2021 2020.
 1184         Section 33. In order to implement Specific Appropriations
 1185  468 through 470, 475, and 482 of the 2020-2021 General
 1186  Appropriations Act, subsection (11) of section 381.988, Florida
 1187  Statutes, is amended to read:
 1188         381.988 Medical marijuana testing laboratories; marijuana
 1189  tests conducted by a certified laboratory.—
 1190         (11) Rules adopted under subsection (9) before July 1, 2021
 1191  2020, are not subject to ss. 120.54(3)(b) and 120.541. This
 1192  subsection expires July 1, 2021 2020.
 1193         Section 34. Effective July 1, 2020, upon the expiration and
 1194  reversion of the amendments made to subsection (1) of section 14
 1195  of chapter 2017-232, Laws of Florida, pursuant to section 42 of
 1196  chapter 2019-116, Laws of Florida, and in order to implement
 1197  Specific Appropriations 468 through 470, 475, and 482 of the
 1198  2020-2021 General Appropriations Act, subsection (1) of section
 1199  14 of chapter 2017-232, Laws of Florida, is amended to read:
 1200         Section 14. Department of Health; authority to adopt rules;
 1201  cause of action.—
 1202         (1) EMERGENCY RULEMAKING.—
 1203         (a) The Department of Health and the applicable boards
 1204  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1205  Statutes, and this section necessary to implement ss. 381.986
 1206  and 381.988, Florida Statutes. If an emergency rule adopted
 1207  under this section is held to be unconstitutional or an invalid
 1208  exercise of delegated legislative authority, and becomes void,
 1209  the department or the applicable boards may adopt an emergency
 1210  rule pursuant to this section to replace the rule that has
 1211  become void. If the emergency rule adopted to replace the void
 1212  emergency rule is also held to be unconstitutional or an invalid
 1213  exercise of delegated legislative authority and becomes void,
 1214  the department and the applicable boards must follow the
 1215  nonemergency rulemaking procedures of the Administrative
 1216  Procedures Act to replace the rule that has become void.
 1217         (b) For emergency rules adopted under this section, the
 1218  department and the applicable boards need not make the findings
 1219  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1220  adopted under this section are exempt from ss. 120.54(3)(b) and
 1221  120.541, Florida Statutes. The department and the applicable
 1222  boards shall meet the procedural requirements in s. 120.54(4)(a)
 1223  s. 120.54(a), Florida Statutes, if the department or the
 1224  applicable boards have, before July 1, 2019 the effective date
 1225  of this act, held any public workshops or hearings on the
 1226  subject matter of the emergency rules adopted under this
 1227  subsection. Challenges to emergency rules adopted under this
 1228  subsection are subject to the time schedules provided in s.
 1229  120.56(5), Florida Statutes.
 1230         (c) Emergency rules adopted under this section are exempt
 1231  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1232  effect until replaced by rules adopted under the nonemergency
 1233  rulemaking procedures of the Administrative Procedures Act.
 1234  Rules adopted under the nonemergency rulemaking procedures of
 1235  the Administrative Procedures Act to replace emergency rules
 1236  adopted under this section are exempt from ss. 120.54(3)(b) and
 1237  120.541, Florida Statutes. By July 1, 2021 January 1, 2018, the
 1238  department and the applicable boards shall initiate nonemergency
 1239  rulemaking pursuant to the Administrative Procedures Act to
 1240  replace all emergency rules adopted under this section by
 1241  publishing a notice of rule development in the Florida
 1242  Administrative Register. Except as provided in paragraph (a),
 1243  after July 1, 2021 January 1, 2018, the department and
 1244  applicable boards may not adopt rules pursuant to the emergency
 1245  rulemaking procedures provided in this section.
 1246         Section 35. The amendment to s. 14(1) of chapter 2017-232,
 1247  Laws of Florida, by this act expires July 1, 2021, and the text
 1248  of that subsection shall revert to that in existence on June 30,
 1249  2019, except that any amendments to such text enacted other than
 1250  by this act shall be preserved and continue to operate to the
 1251  extent that such amendments are not dependent upon the portions
 1252  of text which expire pursuant to this section.
 1253         Section 36. In order to implement Specific Appropriation
 1254  195 of the 2020-2021 General Appropriations Act, and
 1255  notwithstanding s. 409.902(3)-(8), Florida Statutes:
 1256         (1) The Agency for Health Care Administration shall replace
 1257  the Medicaid Enterprise System (MES), which includes the Florida
 1258  Medicaid Management Information System (FMMIS), enrollment
 1259  broker system, third-party liability functionality, pharmacy
 1260  benefits management, fraud and abuse case tracking, prior
 1261  authorization, home health electronic visit verification, and
 1262  the Health Quality Assurance licensure system, with an
 1263  integrated enterprise system consisting of a new integration
 1264  platform, data warehouse, and modules for Provider Management,
 1265  Case Management, and Recipient Enrollment and Management. The
 1266  new system, the Florida Health Care Connection (FX) system, must
 1267  provide better integration with subsystems supporting Florida’s
 1268  Medicaid program; uniformity, consistency, and improved access
 1269  to data; and compatibility with the Centers for Medicare and
 1270  Medicaid Services’ Medicaid Information Technology Architecture
 1271  (MITA) as the system matures and expands its functionality.
 1272         (2) For purposes of replacing MES, the Agency for Health
 1273  Care Administration shall:
 1274         (a)Comply with and not exceed the Centers for Medicare and
 1275  Medicaid Services funding authorizations for the FX system.
 1276         (b) Ensure compliance and uniformity with published MITA
 1277  framework and guidelines.
 1278         (c) Ensure that all business requirements and technical
 1279  specifications have been provided to the state’s health and
 1280  human services agencies for their review and input, and are
 1281  approved by the executive steering committee established in
 1282  paragraph (e), before the agency contracts for implementation or
 1283  system development of new modules for the FX system.
 1284         (d) Ensure the new FX system is compatible with and will
 1285  seamlessly integrate financial and fiscal information into the
 1286  state’s new planning, accounting, and ledger management system,
 1287  PALM.
 1288         (e) Implement a project governance structure that includes
 1289  an executive steering committee composed of:
 1290         1. The Secretary of Health Care Administration, or the
 1291  executive sponsor of the project.
 1292         2. A representative of the Division of Health Quality
 1293  Assurance of the Agency for Health Care Administration,
 1294  appointed by the Secretary of Health Care Administration.
 1295         3.A representative of the Florida Center for Health
 1296  Information and Transparency of the Agency for Health Care
 1297  Administration, appointed by the Secretary of Health Care
 1298  Administration.
 1299         4. A representative of the Division of Information
 1300  Technology of the Agency for Health Care Administration,
 1301  appointed by the Secretary of Health Care Administration.
 1302         5. A representative of the Division of Operations of the
 1303  Agency for Health Care Administration, appointed by the
 1304  Secretary of Health Care Administration.
 1305         6. Two employees from the Division of Medicaid of the
 1306  Agency for Health Care Administration, appointed by the
 1307  Secretary of Health Care Administration.
 1308         7. The Assistant Secretary for Child Welfare of the
 1309  Department of Children and Families, or his or her designee.
 1310         8. The Assistant Secretary for Economic Self-Sufficiency of
 1311  the Department of Children and Families, or his or her designee.
 1312         9. The Deputy Secretary for Children’s Medical Services of
 1313  the Department of Health, or his or her designee.
 1314         10. A representative of the Agency for Persons with
 1315  Disabilities who has experience with the preparation and
 1316  submission of waivers to the Centers for Medicare and Medicaid
 1317  Services, appointed by the director of the Agency for Persons
 1318  with Disabilities.
 1319         11. A representative for the Department of Elderly Affairs
 1320  who has experience with the Medicaid Program within that
 1321  department, appointed by the Secretary of Elderly Affairs.
 1322         12. A representative for the Department of Corrections who
 1323  has experience Medicaid reporting within that department,
 1324  appointed by the Secretary of Corrections.
 1325         13. A representative for the Medicaid Fraud Control Unit
 1326  within the Office of the Attorney General, appointed by the
 1327  Attorney General.
 1328         14. A representative of the Department of Financial
 1329  Services who has experience with the state’s financial processes
 1330  including development of the PALM system, appointed by the Chief
 1331  Financial Officer.
 1332         (3) The Secretary of Health Care Administration or the
 1333  executive sponsor of the project shall serve as chair of the
 1334  executive steering committee, and the committee shall take
 1335  action by a vote of at least 10 affirmative votes with the chair
 1336  voting on the prevailing side. A quorum of the executive
 1337  steering committee consists of at least 11 members.
 1338         (4) The executive steering committee has the overall
 1339  responsibility for ensuring that the project to replace MES
 1340  meets its primary business objectives and shall:
 1341         (a) Identify and recommend to the Executive Office of the
 1342  Governor, the President of the Senate, and the Speaker of the
 1343  House of Representatives any statutory changes needed to
 1344  standardize the data collection and reporting for the state’s
 1345  Medicaid program.
 1346         (b)Review and approve any changes to the project’s scope,
 1347  schedule, and budget which do not conflict with the requirements
 1348  of subsection (1).
 1349         (c) Ensure that adequate resources are provided throughout
 1350  all phases of the project.
 1351         (d) Approve all major project deliverables.
 1352         (e) Approve all solicitation-related documents associated
 1353  with the replacement of MES.
 1354         (5)This section expires July 1, 2021.
 1355         Section 37. In order to implement Specific Appropriations
 1356  330, 332, 361, and 362 of the 2020-2021 General Appropriations
 1357  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1358  Statutes, the Department of Children and Families may submit a
 1359  budget amendment, subject to the notice, review, and objection
 1360  procedures of s. 216.177, Florida Statutes, to realign funding
 1361  within the department based on the implementation of the
 1362  Guardianship Assistance Program, between and among the specific
 1363  appropriations for guardianship assistance payments, foster care
 1364  Level 1 room and board payments, relative caregiver payments,
 1365  and nonrelative caregiver payments. This section expires July 1,
 1366  2021.
 1367         Section 38. In order to implement Specific Appropriations
 1368  330 and 332 of the 2020-2021 General Appropriations Act, the
 1369  Department of Children and Families shall establish a formula to
 1370  distribute the recurring sums of $10,597,824 from the General
 1371  Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
 1372  for actual and direct costs to implement the Guardianship
 1373  Assistance Program, including Level 1 foster care board
 1374  payments, licensing staff for community-based care lead
 1375  agencies, and guardianship assistance payments. This section
 1376  expires July 1, 2021.
 1377         Section 39. In order to implement Specific Appropriations
 1378  554 through 560 and 562 of the 2020-2021 General Appropriations
 1379  Act, subsection (3) of section 296.37, Florida Statutes, is
 1380  amended to read:
 1381         296.37 Residents; contribution to support.—
 1382         (3) Notwithstanding subsection (1), each resident of the
 1383  home who receives a pension, compensation, or gratuity from the
 1384  United States Government, or income from any other source, of
 1385  more than $130 per month shall contribute to his or her
 1386  maintenance and support while a resident of the home in
 1387  accordance with a payment schedule determined by the
 1388  administrator and approved by the director. The total amount of
 1389  such contributions shall be to the fullest extent possible, but,
 1390  in no case, shall exceed the actual cost of operating and
 1391  maintaining the home. This subsection expires July 1, 2021 2020.
 1392         Section 40. In order to implement Specific Appropriations
 1393  353 and 354 of the 2020-2021 General Appropriations Act, and
 1394  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1395  Department of Children and Families may submit a budget
 1396  amendment, subject to the notice, review, and objection
 1397  procedures of s. 216.177, Florida Statutes, to increase budget
 1398  authority for the Supplemental Nutrition Assistance Program if
 1399  additional federal revenue specific to the program becomes
 1400  available for the program in the 2020-2021 fiscal year. This
 1401  section expires July 1, 2021.
 1402         Section 41. In order to implement Specific Appropriations
 1403  312 through 315, 319, 320, 323, 328, 330, and 332 of the 2020
 1404  2021 General Appropriations Act, and notwithstanding ss. 216.181
 1405  and 216.292, Florida Statutes, the Department of Children and
 1406  Families may submit a budget amendment, subject to the notice,
 1407  review, and objection procedures of s. 216.177, Florida
 1408  Statutes, to realign funding within the Family Safety Program to
 1409  maximize the use of Title IV-E and other federal funds. This
 1410  section expires July 1, 2021.
 1411         Section 42. In order to implement Specific Appropriations
 1412  582 through 673 and 685 through 720 of the 2020-2021 General
 1413  Appropriations Act, subsection (4) of section 216.262, Florida
 1414  Statutes, is amended to read:
 1415         216.262 Authorized positions.—
 1416         (4) Notwithstanding the provisions of this chapter relating
 1417  to increasing the number of authorized positions, and for the
 1418  2020-2021 2019-2020 fiscal year only, if the actual inmate
 1419  population of the Department of Corrections exceeds the inmate
 1420  population projections of the December 17, 2019 February 22,
 1421  2019, Criminal Justice Estimating Conference by 1 percent for 2
 1422  consecutive months or 2 percent for any month, the Executive
 1423  Office of the Governor, with the approval of the Legislative
 1424  Budget Commission, shall immediately notify the Criminal Justice
 1425  Estimating Conference, which shall convene as soon as possible
 1426  to revise the estimates. The Department of Corrections may then
 1427  submit a budget amendment requesting the establishment of
 1428  positions in excess of the number authorized by the Legislature
 1429  and additional appropriations from unallocated general revenue
 1430  sufficient to provide for essential staff, fixed capital
 1431  improvements, and other resources to provide classification,
 1432  security, food services, health services, and other variable
 1433  expenses within the institutions to accommodate the estimated
 1434  increase in the inmate population. All actions taken pursuant to
 1435  this subsection are subject to review and approval by the
 1436  Legislative Budget Commission. This subsection expires July 1,
 1437  2021 2020.
 1438         Section 43. In order to implement Specific Appropriation
 1439  707 of the 2020-2021 General Appropriations Act, and upon the
 1440  expiration and reversion of the amendments made by section 52 of
 1441  chapter 2019-116, Laws of Florida, paragraph (b) of subsection
 1442  (8) of section 1011.80, Florida Statutes, is amended to read:
 1443         1011.80 Funds for operation of workforce education
 1444  programs.—
 1445         (8)
 1446         (b) State funds provided for the operation of postsecondary
 1447  workforce programs may not be expended for the education of
 1448  state or federal inmates, except to the extent that such funds
 1449  are specifically appropriated for such purpose in the 2020-2021
 1450  General Appropriations Act with more than 24 months of time
 1451  remaining to serve on their sentences or federal inmates.
 1452         Section 44. The amendment made to s. 1011.80(8)(b), Florida
 1453  Statutes, by this act expires July 1, 2021, and the text of that
 1454  paragraph shall revert to that in existence on July 1, 2019, but
 1455  not including any amendments made by this act or chapters 2019
 1456  116 and 2018-10, Laws of Florida, and any amendments to such
 1457  text enacted other than by this act shall be preserved and
 1458  continue to operate to the extent that such amendments are not
 1459  dependent upon the portions of text which expire pursuant to
 1460  this section.
 1461         Section 45. In order to implement Specific Appropriations
 1462  3187 through 3253 of the 2020-2021 General Appropriations Act,
 1463  subsection (2) of section 215.18, Florida Statutes, is amended
 1464  to read:
 1465         215.18 Transfers between funds; limitation.—
 1466         (2) The Chief Justice of the Supreme Court may receive one
 1467  or more trust fund loans to ensure that the state court system
 1468  has funds sufficient to meet its appropriations in the 2020-2021
 1469  2019-2020 General Appropriations Act. If the Chief Justice
 1470  accesses the loan, he or she must notify the Governor and the
 1471  chairs of the legislative appropriations committees in writing.
 1472  The loan must come from other funds in the State Treasury which
 1473  are for the time being or otherwise in excess of the amounts
 1474  necessary to meet the just requirements of such last-mentioned
 1475  funds. The Governor shall order the transfer of funds within 5
 1476  days after the written notification from the Chief Justice. If
 1477  the Governor does not order the transfer, the Chief Financial
 1478  Officer shall transfer the requested funds. The loan of funds
 1479  from which any money is temporarily transferred must be repaid
 1480  by the end of the 2020-2021 2019-2020 fiscal year. This
 1481  subsection expires July 1, 2021 2020.
 1482         Section 46. (1)In order to implement Specific
 1483  Appropriations 1120 through 1131 of the 2020-2021 General
 1484  Appropriations Act, the Department of Juvenile Justice is
 1485  required to review county juvenile detention payments to ensure
 1486  that counties fulfill their financial responsibilities required
 1487  in s. 985.6865, Florida Statutes. If the Department of Juvenile
 1488  Justice determines that a county has not met its obligations,
 1489  the department shall direct the Department of Revenue to deduct
 1490  the amount owed to the Department of Juvenile Justice from the
 1491  funds provided to the county under s. 218.23, Florida Statutes.
 1492  The Department of Revenue shall transfer the funds withheld to
 1493  the Shared County/State Juvenile Detention Trust Fund.
 1494         (2)As an assurance to holders of bonds issued by counties
 1495  before July 1, 2020, for which distributions made pursuant to s.
 1496  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1497  such bonds which mature no later than the bonds they refunded
 1498  and which result in a reduction of debt service payable in each
 1499  fiscal year, the amount available for distribution to a county
 1500  shall remain as provided by law and continue to be subject to
 1501  any lien or claim on behalf of the bondholders. The Department
 1502  of Revenue must ensure, based on information provided by an
 1503  affected county, that any reduction in amounts distributed
 1504  pursuant to subsection (1) does not reduce the amount of
 1505  distribution to a county below the amount necessary for the
 1506  timely payment of principal and interest when due on the bonds
 1507  and the amount necessary to comply with any covenant under the
 1508  bond resolution or other documents relating to the issuance of
 1509  the bonds. If a reduction to a county’s monthly distribution
 1510  must be decreased in order to comply with this section, the
 1511  Department of Revenue must notify the Department of Juvenile
 1512  Justice of the amount of the decrease, and the Department of
 1513  Juvenile Justice must send a bill for payment of such amount to
 1514  the affected county.
 1515         (3)This section expires July 1, 2021.
 1516         Section 47. In order to implement Specific Appropriations
 1517  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1518  2020-2021 General Appropriations Act, and notwithstanding the
 1519  expiration date in section 57 of chapter 2019-116, Laws of
 1520  Florida, present subsection (11) of section 27.40, Florida
 1521  Statutes, is renumbered as subsection (12), a new subsection
 1522  (11) is added to that section, and subsection (1), paragraph (a)
 1523  of subsection (2), paragraph (a) of subsection (3), and
 1524  subsections (5), (6), and (7) of that section are reenacted, to
 1525  read:
 1526         27.40 Court-appointed counsel; circuit registries; minimum
 1527  requirements; appointment by court.—
 1528         (1) Counsel shall be appointed to represent any individual
 1529  in a criminal or civil proceeding entitled to court-appointed
 1530  counsel under the Federal or State Constitution or as authorized
 1531  by general law. The court shall appoint a public defender to
 1532  represent indigent persons as authorized in s. 27.51. The office
 1533  of criminal conflict and civil regional counsel shall be
 1534  appointed to represent persons in those cases in which provision
 1535  is made for court-appointed counsel, but only after the public
 1536  defender has certified to the court in writing that the public
 1537  defender is unable to provide representation due to a conflict
 1538  of interest or is not authorized to provide representation. The
 1539  public defender shall report, in the aggregate, the specific
 1540  basis of all conflicts of interest certified to the court. On a
 1541  quarterly basis, the public defender shall submit this
 1542  information to the Justice Administrative Commission.
 1543         (2)(a) Private counsel shall be appointed to represent
 1544  persons in those cases in which provision is made for court
 1545  appointed counsel but only after the office of criminal conflict
 1546  and civil regional counsel has been appointed and has certified
 1547  to the court in writing that the criminal conflict and civil
 1548  regional counsel is unable to provide representation due to a
 1549  conflict of interest. The criminal conflict and civil regional
 1550  counsel shall report, in the aggregate, the specific basis of
 1551  all conflicts of interest certified to the court. On a quarterly
 1552  basis, the criminal conflict and civil regional counsel shall
 1553  submit this information to the Justice Administrative
 1554  Commission.
 1555         (3) In using a registry:
 1556         (a) The chief judge of the circuit shall compile a list of
 1557  attorneys in private practice, by county and by category of
 1558  cases, and provide the list to the clerk of court in each
 1559  county. The chief judge of the circuit may restrict the number
 1560  of attorneys on the general registry list. To be included on a
 1561  registry, an attorney must certify that he or she:
 1562         1. Meets any minimum requirements established by the chief
 1563  judge and by general law for court appointment;
 1564         2. Is available to represent indigent defendants in cases
 1565  requiring court appointment of private counsel; and
 1566         3. Is willing to abide by the terms of the contract for
 1567  services, s. 27.5304, and this section.
 1568  
 1569  To be included on a registry, an attorney must enter into a
 1570  contract for services with the Justice Administrative
 1571  Commission. Failure to comply with the terms of the contract for
 1572  services may result in termination of the contract and removal
 1573  from the registry. Each attorney on the registry is responsible
 1574  for notifying the clerk of the court and the Justice
 1575  Administrative Commission of any change in his or her status.
 1576  Failure to comply with this requirement is cause for termination
 1577  of the contract for services and removal from the registry until
 1578  the requirement is fulfilled.
 1579         (5) The Justice Administrative Commission shall approve
 1580  uniform contract forms for use in procuring the services of
 1581  private court-appointed counsel and uniform procedures and forms
 1582  for use by a court-appointed attorney in support of billing for
 1583  attorney’s fees, costs, and related expenses to demonstrate the
 1584  attorney’s completion of specified duties. Such uniform
 1585  contracts and forms for use in billing must be consistent with
 1586  s. 27.5304, s. 216.311, and the General Appropriations Act and
 1587  must contain the following statement: “The State of Florida’s
 1588  performance and obligation to pay under this contract is
 1589  contingent upon an annual appropriation by the Legislature.”
 1590         (6) After court appointment, the attorney must immediately
 1591  file a notice of appearance with the court indicating acceptance
 1592  of the appointment to represent the defendant and of the terms
 1593  of the uniform contract as specified in subsection (5).
 1594         (7)(a) A private attorney appointed by the court from the
 1595  registry to represent a client is entitled to payment as
 1596  provided in s. 27.5304 so long as the requirements of subsection
 1597  (1) and paragraph (2)(a) are met. An attorney appointed by the
 1598  court who is not on the registry list may be compensated under
 1599  s. 27.5304 only if the court finds in the order of appointment
 1600  that there were no registry attorneys available for
 1601  representation for that case and only if the requirements of
 1602  subsection (1) and paragraph (2)(a) are met.
 1603         (b)1. The flat fee established in s. 27.5304 and the
 1604  General Appropriations Act shall be presumed by the court to be
 1605  sufficient compensation. The attorney shall maintain appropriate
 1606  documentation, including contemporaneous and detailed hourly
 1607  accounting of time spent representing the client. If the
 1608  attorney fails to maintain such contemporaneous and detailed
 1609  hourly records, the attorney waives the right to seek
 1610  compensation in excess of the flat fee established in s. 27.5304
 1611  and the General Appropriations Act. These records and documents
 1612  are subject to review by the Justice Administrative Commission
 1613  and audit by the Auditor General, subject to the attorney-client
 1614  privilege and work-product privilege. The attorney shall
 1615  maintain the records and documents in a manner that enables the
 1616  attorney to redact any information subject to a privilege in
 1617  order to facilitate the commission’s review of the records and
 1618  documents and not to impede such review. The attorney may redact
 1619  information from the records and documents only to the extent
 1620  necessary to comply with the privilege. The Justice
 1621  Administrative Commission shall review such records and shall
 1622  contemporaneously document such review before authorizing
 1623  payment to an attorney. Objections by or on behalf of the
 1624  Justice Administrative Commission to records or documents or to
 1625  claims for payment by the attorney shall be presumed correct by
 1626  the court unless the court determines, in writing, that
 1627  competent and substantial evidence exists to justify overcoming
 1628  the presumption.
 1629         2. If an attorney fails, refuses, or declines to permit the
 1630  commission or the Auditor General to review documentation for a
 1631  case as provided in this paragraph, the attorney waives the
 1632  right to seek, and the commission may not pay, compensation in
 1633  excess of the flat fee established in s. 27.5304 and the General
 1634  Appropriations Act for that case.
 1635         3. A finding by the commission that an attorney has waived
 1636  the right to seek compensation in excess of the flat fee
 1637  established in s. 27.5304 and the General Appropriations Act, as
 1638  provided in this paragraph, shall be presumed to be correct,
 1639  unless the court determines, in writing, that competent and
 1640  substantial evidence exists to justify overcoming the
 1641  presumption.
 1642         (11)(a) The Cross-Jurisdictional Death Penalty Pilot
 1643  Program is established within the Office of Criminal Conflict
 1644  and Civil Regional Counsel of the Second Appellate District.
 1645         (b) If the public defender for the Fifth Judicial Circuit
 1646  or the Ninth Judicial Circuit is unable to provide
 1647  representation to an indigent defendant charged with a crime
 1648  under s. 782.04(1) or s. 790.161(4) to which the provisions of
 1649  s. 921.141 apply due to a conflict of interest and the Criminal
 1650  Conflict and Civil Regional Counsel of the Fifth Appellate
 1651  District is also unable to provide representation for an
 1652  indigent defendant due to a conflict of interest, the Criminal
 1653  Conflict and Civil Regional Counsel of the Second Appellate
 1654  District shall be appointed. If the Criminal Conflict and Civil
 1655  Regional Counsel of the Second Appellate District is unable to
 1656  provide representation to an indigent defendant due to a
 1657  conflict of interest, private counsel shall be appointed as
 1658  provided pursuant to this chapter.
 1659         (c) The Office of Criminal Conflict and Civil Regional
 1660  Counsel of the Second Appellate District shall provide a report
 1661  on the implementation of the Cross-Jurisdictional Death Penalty
 1662  Pilot Program to the Governor and the chairs of the
 1663  appropriations committees of the Senate and House of
 1664  Representatives no later than 30 days after the end of each
 1665  calendar quarter. The reports must include the number of cases
 1666  retained, the number of cases conflicted, the estimated cost
 1667  savings of the program, and any recommendations to improve the
 1668  program. The Justice Administrative Commission shall provide
 1669  data to assist with the program.
 1670         (d) This subsection expires June 30, 2021. Notwithstanding
 1671  the expiration of this subsection, appointments made pursuant to
 1672  this section before June 30, 2021, shall continue until
 1673  completion of the case.
 1674         Section 48. In order to implement Specific Appropriations
 1675  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1676  2020-2021 General Appropriations Act, and notwithstanding the
 1677  expiration date in section 59 of chapter 2019-116, Laws of
 1678  Florida, subsections (1), (3), (7), and (11), and paragraphs (a)
 1679  through (e) of subsection (12) of section 27.5304, Florida
 1680  Statutes, are reenacted, and subsection (13) of that section is
 1681  amended, to read:
 1682         27.5304 Private court-appointed counsel; compensation;
 1683  notice.—
 1684         (1) Private court-appointed counsel appointed in the manner
 1685  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1686  Justice Administrative Commission only as provided in this
 1687  section and the General Appropriations Act. The flat fees
 1688  prescribed in this section are limitations on compensation. The
 1689  specific flat fee amounts for compensation shall be established
 1690  annually in the General Appropriations Act. The attorney also
 1691  shall be reimbursed for reasonable and necessary expenses in
 1692  accordance with s. 29.007. If the attorney is representing a
 1693  defendant charged with more than one offense in the same case,
 1694  the attorney shall be compensated at the rate provided for the
 1695  most serious offense for which he or she represented the
 1696  defendant. This section does not allow stacking of the fee
 1697  limits established by this section.
 1698         (3) The court retains primary authority and responsibility
 1699  for determining the reasonableness of all billings for attorney
 1700  fees, costs, and related expenses, subject to statutory
 1701  limitations and the requirements of s. 27.40(7). Private court
 1702  appointed counsel is entitled to compensation upon final
 1703  disposition of a case.
 1704         (7) Counsel eligible to receive compensation from the state
 1705  for representation pursuant to court appointment made in
 1706  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1707  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1708  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1709  744, or chapter 984 shall receive compensation not to exceed the
 1710  limits prescribed in the General Appropriations Act. Any such
 1711  compensation must be determined as provided in s. 27.40(7).
 1712         (11) It is the intent of the Legislature that the flat fees
 1713  prescribed under this section and the General Appropriations Act
 1714  comprise the full and complete compensation for private court
 1715  appointed counsel. It is further the intent of the Legislature
 1716  that the fees in this section are prescribed for the purpose of
 1717  providing counsel with notice of the limit on the amount of
 1718  compensation for representation in particular proceedings and
 1719  the sole procedure and requirements for obtaining payment for
 1720  the same.
 1721         (a) If court-appointed counsel moves to withdraw prior to
 1722  the full performance of his or her duties through the completion
 1723  of the case, the court shall presume that the attorney is not
 1724  entitled to the payment of the full flat fee established under
 1725  this section and the General Appropriations Act.
 1726         (b) If court-appointed counsel is allowed to withdraw from
 1727  representation prior to the full performance of his or her
 1728  duties through the completion of the case and the court appoints
 1729  a subsequent attorney, the total compensation for the initial
 1730  and any and all subsequent attorneys may not exceed the flat fee
 1731  established under this section and the General Appropriations
 1732  Act, except as provided in subsection (12).
 1733  
 1734  This subsection constitutes notice to any subsequently appointed
 1735  attorney that he or she will not be compensated the full flat
 1736  fee.
 1737         (12) The Legislature recognizes that on rare occasions an
 1738  attorney may receive a case that requires extraordinary and
 1739  unusual effort.
 1740         (a) If counsel seeks compensation that exceeds the limits
 1741  prescribed by law, he or she must file a motion with the chief
 1742  judge for an order approving payment of attorney fees in excess
 1743  of these limits.
 1744         1. Before filing the motion, the counsel shall deliver a
 1745  copy of the intended billing, together with supporting
 1746  affidavits and all other necessary documentation, to the Justice
 1747  Administrative Commission.
 1748         2. The Justice Administrative Commission shall review the
 1749  billings, affidavit, and documentation for completeness and
 1750  compliance with contractual and statutory requirements and shall
 1751  contemporaneously document such review before authorizing
 1752  payment to an attorney. If the Justice Administrative Commission
 1753  objects to any portion of the proposed billing, the objection
 1754  and supporting reasons must be communicated in writing to the
 1755  private court-appointed counsel. The counsel may thereafter file
 1756  his or her motion, which must specify whether the commission
 1757  objects to any portion of the billing or the sufficiency of
 1758  documentation, and shall attach the commission’s letter stating
 1759  its objection.
 1760         (b) Following receipt of the motion to exceed the fee
 1761  limits, the chief judge or a single designee shall hold an
 1762  evidentiary hearing. The chief judge may select only one judge
 1763  per circuit to hear and determine motions pursuant to this
 1764  subsection, except multicounty circuits and the eleventh circuit
 1765  may have up to two designees.
 1766         1. At the hearing, the attorney seeking compensation must
 1767  prove by competent and substantial evidence that the case
 1768  required extraordinary and unusual efforts. The chief judge or
 1769  single designee shall consider criteria such as the number of
 1770  witnesses, the complexity of the factual and legal issues, and
 1771  the length of trial. The fact that a trial was conducted in a
 1772  case does not, by itself, constitute competent substantial
 1773  evidence of an extraordinary and unusual effort. In a criminal
 1774  case, relief under this section may not be granted if the number
 1775  of work hours does not exceed 75 or the number of the state’s
 1776  witnesses deposed does not exceed 20.
 1777         2. Objections by or on behalf of the Justice Administrative
 1778  Commission to records or documents or to claims for payment by
 1779  the attorney shall be presumed correct by the court unless the
 1780  court determines, in writing, that competent and substantial
 1781  evidence exists to justify overcoming the presumption. The chief
 1782  judge or single designee shall enter a written order detailing
 1783  his or her findings and identifying the extraordinary nature of
 1784  the time and efforts of the attorney in the case which warrant
 1785  exceeding the flat fee established by this section and the
 1786  General Appropriations Act.
 1787         (c) A copy of the motion and attachments shall be served on
 1788  the Justice Administrative Commission at least 20 business days
 1789  before the date of a hearing. The Justice Administrative
 1790  Commission has standing to appear before the court, and may
 1791  appear in person or telephonically, including at the hearing
 1792  under paragraph (b), to contest any motion for an order
 1793  approving payment of attorney fees, costs, or related expenses
 1794  and may participate in a hearing on the motion by use of
 1795  telephonic or other communication equipment. The Justice
 1796  Administrative Commission may contract with other public or
 1797  private entities or individuals to appear before the court for
 1798  the purpose of contesting any motion for an order approving
 1799  payment of attorney fees, costs, or related expenses. The fact
 1800  that the Justice Administrative Commission has not objected to
 1801  any portion of the billing or to the sufficiency of the
 1802  documentation is not binding on the court.
 1803         (d) If the chief judge or a single designee finds that
 1804  counsel has proved by competent and substantial evidence that
 1805  the case required extraordinary and unusual efforts, the chief
 1806  judge or single designee shall order the compensation to be paid
 1807  to the attorney at a percentage above the flat fee rate,
 1808  depending on the extent of the unusual and extraordinary effort
 1809  required. The percentage must be only the rate necessary to
 1810  ensure that the fees paid are not confiscatory under common law.
 1811  The percentage may not exceed 200 percent of the established
 1812  flat fee, absent a specific finding that 200 percent of the flat
 1813  fee in the case would be confiscatory. If the chief judge or
 1814  single designee determines that 200 percent of the flat fee
 1815  would be confiscatory, he or she shall order the amount of
 1816  compensation using an hourly rate not to exceed $75 per hour for
 1817  a noncapital case and $100 per hour for a capital case. However,
 1818  the compensation calculated by using the hourly rate shall be
 1819  only that amount necessary to ensure that the total fees paid
 1820  are not confiscatory, subject to the requirements of s.
 1821  27.40(7).
 1822         (e) Any order granting relief under this subsection must be
 1823  attached to the final request for a payment submitted to the
 1824  Justice Administrative Commission and must satisfy the
 1825  requirements of subparagraph (b)2.
 1826         (13) Notwithstanding the limitation set forth in subsection
 1827  (5) and for the 2020-2021 2019-2020 fiscal year only, the
 1828  compensation for representation in a criminal proceeding may not
 1829  exceed the following:
 1830         (a) For misdemeanors and juveniles represented at the trial
 1831  level: $1,000.
 1832         (b) For noncapital, nonlife felonies represented at the
 1833  trial level: $15,000.
 1834         (c) For life felonies represented at the trial level:
 1835  $15,000.
 1836         (d) For capital cases represented at the trial level:
 1837  $25,000. For purposes of this paragraph, a “capital case” is any
 1838  offense for which the potential sentence is death and the state
 1839  has not waived seeking the death penalty.
 1840         (e) For representation on appeal: $9,000.
 1841         (f) This subsection expires July 1, 2021 2020.
 1842         Section 49. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1843  (5), (6), and (7), Florida Statutes, and 27.5304(1), (3), (7),
 1844  (11), and (12)(a)-(e), Florida Statutes, as carried forward from
 1845  chapter 2019-116, Laws of Florida, by this act, expire July 1,
 1846  2021, and the text of those subsections and paragraphs, as
 1847  applicable, shall revert to that in existence on June 30, 2019,
 1848  except that any amendments to such text enacted other than by
 1849  this act shall be preserved and continue to operate to the
 1850  extent that such amendments are not dependent upon the portions
 1851  of text which expire pursuant to this section.
 1852         Section 50. In order to implement Specific Appropriation
 1853  736 of the 2020-2021 General Appropriations Act, and
 1854  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1855  circuit court are responsible for any costs of compensation to
 1856  jurors, for meals or lodging provided to jurors, and for jury
 1857  related personnel costs that exceed the funding provided in the
 1858  General Appropriations Act for these purposes. This section
 1859  expires July 1, 2021.
 1860         Section 51. In order to implement Specific Appropriations
 1861  916 through 1062 of the 2020-2021 General Appropriations Act,
 1862  and notwithstanding the expiration date in section 63 of chapter
 1863  2019-116, Laws of Florida, paragraph (c) of subsection (19) of
 1864  section 318.18, Florida Statutes, is reenacted to read:
 1865         318.18 Amount of penalties.—The penalties required for a
 1866  noncriminal disposition pursuant to s. 318.14 or a criminal
 1867  offense listed in s. 318.17 are as follows:
 1868         (19) In addition to any penalties imposed, an Article V
 1869  assessment of $10 must be paid for all noncriminal moving and
 1870  nonmoving violations under chapters 316, 320, and 322. The
 1871  assessment is not revenue for purposes of s. 28.36 and may not
 1872  be used in establishing the budget of the clerk of the court
 1873  under that section or s. 28.35. Of the funds collected under
 1874  this subsection:
 1875         (c) The sum of $1.67 shall be deposited in the Indigent
 1876  Criminal Defense Trust Fund for use by the public defenders.
 1877         Section 52. In order to implement Specific Appropriations
 1878  916 through 1062 of the 2020-2021 General Appropriations Act,
 1879  and notwithstanding the expiration date in section 63 of chapter
 1880  2019-116, Laws of Florida, paragraph (b) of subsection (12) of
 1881  section 817.568, Florida Statutes, is reenacted to read:
 1882         817.568 Criminal use of personal identification
 1883  information.—
 1884         (12) In addition to any sanction imposed when a person
 1885  pleads guilty or nolo contendere to, or is found guilty of,
 1886  regardless of adjudication, a violation of this section, the
 1887  court shall impose a surcharge of $1,001.
 1888         (b) The sum of $250 of the surcharge shall be deposited
 1889  into the State Attorneys Revenue Trust Fund for the purpose of
 1890  funding prosecutions of offenses relating to the criminal use of
 1891  personal identification information. The sum of $250 of the
 1892  surcharge shall be deposited into the Indigent Criminal Defense
 1893  Trust Fund for the purposes of indigent criminal defense related
 1894  to the criminal use of personal identification information.
 1895         Section 53. The text of ss. 318.18(19)(c) and
 1896  817.568(12)(b), Florida Statutes, as carried forward from
 1897  chapter 2018-10, Laws of Florida, by this act, expires July 1,
 1898  2021, and the text of those paragraphs shall revert to that in
 1899  existence on June 30, 2018, except that any amendments to such
 1900  text enacted other than by this act shall be preserved and
 1901  continue to operate to the extent that such amendments are not
 1902  dependent upon the portions of text which expire pursuant to
 1903  this section.
 1904         Section 54. In order to implement appropriations used to
 1905  pay existing lease contracts for private lease space in excess
 1906  of 2,000 square feet in the 2020-2021 General Appropriations
 1907  Act, the Department of Management Services, with the cooperation
 1908  of the agencies having the existing lease contracts for office
 1909  or storage space, shall use tenant broker services to
 1910  renegotiate or reprocure all private lease agreements for office
 1911  or storage space expiring between July 1, 2021, and June 30,
 1912  2023, in order to reduce costs in future years. The department
 1913  shall incorporate this initiative into its 2020 master leasing
 1914  report required under s. 255.249(7), Florida Statutes, and may
 1915  use tenant broker services to explore the possibilities of
 1916  colocating office or storage space, to review the space needs of
 1917  each agency, and to review the length and terms of potential
 1918  renewals or renegotiations. The department shall provide a
 1919  report to the Executive Office of the Governor, the President of
 1920  the Senate, and the Speaker of the House of Representatives by
 1921  November 1, 2020, which lists each lease contract for private
 1922  office or storage space, the status of renegotiations, and the
 1923  savings achieved. This section expires July 1, 2021.
 1924         Section 55. In order to implement appropriations authorized
 1925  in the 2020-2021 General Appropriations Act for data center
 1926  services, and notwithstanding s. 216.292(2)(a), Florida
 1927  Statutes, an agency may not transfer funds from a data
 1928  processing category to a category other than another data
 1929  processing category. This section expires July 1, 2021.
 1930         Section 56. In order to implement the appropriation of
 1931  funds in the appropriation category “Data Processing Assessment
 1932  Department of Management Services” in the 2020-2021 General
 1933  Appropriations Act, and pursuant to the notice, review, and
 1934  objection procedures of s. 216.177, Florida Statutes, the
 1935  Executive Office of the Governor may transfer funds appropriated
 1936  in that category between departments in order to align the
 1937  budget authority granted based on the estimated billing cycle
 1938  and methodology used by the Department of Management Services
 1939  for data processing services provided. This section expires July
 1940  1, 2021.
 1941         Section 57. In order to implement the appropriation of
 1942  funds in the appropriation category “Special Categories-Risk
 1943  Management Insurance” in the 2020-2021 General Appropriations
 1944  Act, and pursuant to the notice, review, and objection
 1945  procedures of s. 216.177, Florida Statutes, the Executive Office
 1946  of the Governor may transfer funds appropriated in that category
 1947  between departments in order to align the budget authority
 1948  granted with the premiums paid by each department for risk
 1949  management insurance. This section expires July 1, 2021.
 1950         Section 58. In order to implement the appropriation of
 1951  funds in the appropriation category “Special Categories-Transfer
 1952  to Department of Management Services-Human Resources Services
 1953  Purchased per Statewide Contract” in the 2020-2021 General
 1954  Appropriations Act, and pursuant to the notice, review, and
 1955  objection procedures of s. 216.177, Florida Statutes, the
 1956  Executive Office of the Governor may transfer funds appropriated
 1957  in that category between departments in order to align the
 1958  budget authority granted with the assessments that must be paid
 1959  by each agency to the Department of Management Services for
 1960  human resource management services. This section expires July 1,
 1961  2021.
 1962         Section 59. In order to implement Specific Appropriations
 1963  2388 through 2391 of the 2020-2021 General Appropriations Act:
 1964         (1)The Department of Financial Services shall replace the
 1965  four main components of the Florida Accounting Information
 1966  Resource Subsystem (FLAIR), which include central FLAIR,
 1967  departmental FLAIR, payroll, and information warehouse, and
 1968  shall replace the cash management and accounting management
 1969  components of the Cash Management Subsystem (CMS) with an
 1970  integrated enterprise system that allows the state to organize,
 1971  define, and standardize its financial management business
 1972  processes and that complies with ss. 215.90-215.96, Florida
 1973  Statutes. The department may not include in the replacement of
 1974  FLAIR and CMS:
 1975         (a)Functionality that duplicates any of the other
 1976  information subsystems of the Florida Financial Management
 1977  Information System; or
 1978         (b)Agency business processes related to any of the
 1979  functions included in the Personnel Information System, the
 1980  Purchasing Subsystem, or the Legislative Appropriations
 1981  System/Planning and Budgeting Subsystem.
 1982         (2)For purposes of replacing FLAIR and CMS, the Department
 1983  of Financial Services shall:
 1984         (a)Take into consideration the cost and implementation
 1985  data identified for Option 3 as recommended in the March 31,
 1986  2014, Florida Department of Financial Services FLAIR Study,
 1987  version 031.
 1988         (b)Ensure that all business requirements and technical
 1989  specifications have been provided to all state agencies for
 1990  their review and input and approved by the executive steering
 1991  committee established in paragraph (c).
 1992         (c)Implement a project governance structure that includes
 1993  an executive steering committee composed of:
 1994         1.The Chief Financial Officer or the executive sponsor of
 1995  the project.
 1996         2.A representative of the Division of Treasury of the
 1997  Department of Financial Services, appointed by the Chief
 1998  Financial Officer.
 1999         3.A representative of the Division of Information Systems
 2000  of the Department of Financial Services, appointed by the Chief
 2001  Financial Officer.
 2002         4.Four employees from the Division of Accounting and
 2003  Auditing of the Department of Financial Services, appointed by
 2004  the Chief Financial Officer. Each employee must have experience
 2005  relating to at least one of the four main components that
 2006  comprise FLAIR.
 2007         5.Two employees from the Executive Office of the Governor,
 2008  appointed by the Governor. One employee must have experience
 2009  relating to the Legislative Appropriations System/Planning and
 2010  Budgeting Subsystem.
 2011         6.One employee from the Department of Revenue, appointed
 2012  by the executive director, who has experience relating to the
 2013  department’s SUNTAX system.
 2014         7.Two employees from the Department of Management
 2015  Services, appointed by the Secretary of Management Services. One
 2016  employee must have experience relating to the department’s
 2017  personnel information subsystem, and one employee must have
 2018  experience relating to the department’s purchasing subsystem.
 2019         8.Three state agency administrative services directors,
 2020  appointed by the Governor. One director must represent a
 2021  regulatory and licensing state agency, and one director must
 2022  represent a healthcare-related state agency.
 2023         (3)The Chief Financial Officer or the executive sponsor of
 2024  the project shall serve as chair of the executive steering
 2025  committee, and the committee shall take action by a vote of at
 2026  least eight affirmative votes with the Chief Financial Officer
 2027  or the executive sponsor of the project voting on the prevailing
 2028  side. A quorum of the executive steering committee consists of
 2029  at least 10 members.
 2030         (4)The executive steering committee has the overall
 2031  responsibility for ensuring that the project to replace FLAIR
 2032  and CMS meets its primary business objectives and shall:
 2033         (a)Identify and recommend to the Executive Office of the
 2034  Governor, the President of the Senate, and the Speaker of the
 2035  House of Representatives any statutory changes needed to
 2036  implement the replacement subsystem that will standardize, to
 2037  the fullest extent possible, the state’s financial management
 2038  business processes.
 2039         (b)Review and approve any changes to the project’s scope,
 2040  schedule, and budget which do not conflict with the requirements
 2041  of subsection (1).
 2042         (c)Ensure that adequate resources are provided throughout
 2043  all phases of the project.
 2044         (d)Approve all major project deliverables.
 2045         (e)Approve all solicitation-related documents associated
 2046  with the replacement of FLAIR and CMS.
 2047         (5)This section expires July 1, 2021.
 2048         Section 60. In order to implement Specific Appropriation
 2049  1633 of the 2020-2021 General Appropriations Act, paragraph (d)
 2050  of subsection (11) of section 216.181, Florida Statutes, is
 2051  amended to read:
 2052         216.181 Approved budgets for operations and fixed capital
 2053  outlay.—
 2054         (11)
 2055         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2056  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 2057  Budget Commission may increase the amounts appropriated to the
 2058  Fish and Wildlife Conservation Commission or the Department of
 2059  Environmental Protection for fixed capital outlay projects,
 2060  including additional fixed capital outlay projects, using funds
 2061  provided to the state from the Gulf Environmental Benefit Fund
 2062  administered by the National Fish and Wildlife Foundation; funds
 2063  provided to the state from the Gulf Coast Restoration Trust Fund
 2064  related to the Resources and Ecosystems Sustainability, Tourist
 2065  Opportunities, and Revived Economies of the Gulf Coast Act of
 2066  2012 (RESTORE Act); or funds provided by the British Petroleum
 2067  Corporation (BP) for natural resource damage assessment
 2068  restoration projects. Concurrent with submission of an amendment
 2069  to the Legislative Budget Commission pursuant to this paragraph,
 2070  any project that carries a continuing commitment for future
 2071  appropriations by the Legislature must be specifically
 2072  identified, together with the projected amount of the future
 2073  commitment associated with the project and the fiscal years in
 2074  which the commitment is expected to commence. This paragraph
 2075  expires July 1, 2021 2020.
 2076  
 2077  The provisions of this subsection are subject to the notice and
 2078  objection procedures set forth in s. 216.177.
 2079         Section 61. In order to implement specific appropriations
 2080  from the land acquisition trust funds within the Department of
 2081  Agriculture and Consumer Services, the Department of
 2082  Environmental Protection, the Department of State, and the Fish
 2083  and Wildlife Conservation Commission, which are contained in the
 2084  2020-2021 General Appropriations Act, subsection (3) of section
 2085  215.18, Florida Statutes, is amended to read:
 2086         215.18 Transfers between funds; limitation.—
 2087         (3) Notwithstanding subsection (1) and only with respect to
 2088  a land acquisition trust fund in the Department of Agriculture
 2089  and Consumer Services, the Department of Environmental
 2090  Protection, the Department of State, or the Fish and Wildlife
 2091  Conservation Commission, whenever there is a deficiency in a
 2092  land acquisition trust fund which would render that trust fund
 2093  temporarily insufficient to meet its just requirements,
 2094  including the timely payment of appropriations from that trust
 2095  fund, and other trust funds in the State Treasury have moneys
 2096  that are for the time being or otherwise in excess of the
 2097  amounts necessary to meet the just requirements, including
 2098  appropriated obligations, of those other trust funds, the
 2099  Governor may order a temporary transfer of moneys from one or
 2100  more of the other trust funds to a land acquisition trust fund
 2101  in the Department of Agriculture and Consumer Services, the
 2102  Department of Environmental Protection, the Department of State,
 2103  or the Fish and Wildlife Conservation Commission. Any action
 2104  proposed pursuant to this subsection is subject to the notice,
 2105  review, and objection procedures of s. 216.177, and the Governor
 2106  shall provide notice of such action at least 7 days before the
 2107  effective date of the transfer of trust funds, except that
 2108  during July 2020 2019, notice of such action shall be provided
 2109  at least 3 days before the effective date of a transfer unless
 2110  such 3-day notice is waived by the chair and vice-chair of the
 2111  Legislative Budget Commission. Any transfer of trust funds to a
 2112  land acquisition trust fund in the Department of Agriculture and
 2113  Consumer Services, the Department of Environmental Protection,
 2114  the Department of State, or the Fish and Wildlife Conservation
 2115  Commission must be repaid to the trust funds from which the
 2116  moneys were loaned by the end of the 2020-2021 2019-2020 fiscal
 2117  year. The Legislature has determined that the repayment of the
 2118  other trust fund moneys temporarily loaned to a land acquisition
 2119  trust fund in the Department of Agriculture and Consumer
 2120  Services, the Department of Environmental Protection, the
 2121  Department of State, or the Fish and Wildlife Conservation
 2122  Commission pursuant to this subsection is an allowable use of
 2123  the moneys in a land acquisition trust fund because the moneys
 2124  from other trust funds temporarily loaned to a land acquisition
 2125  trust fund shall be expended solely and exclusively in
 2126  accordance with s. 28, Art. X of the State Constitution. This
 2127  subsection expires July 1, 2021 2020.
 2128         Section 62. (1)In order to implement specific
 2129  appropriations from the land acquisition trust funds within the
 2130  Department of Agriculture and Consumer Services, the Department
 2131  of Environmental Protection, the Department of State, and the
 2132  Fish and Wildlife Conservation Commission, which are contained
 2133  in the 2020-2021 General Appropriations Act, the Department of
 2134  Environmental Protection shall transfer revenues from the Land
 2135  Acquisition Trust Fund within the department to the land
 2136  acquisition trust funds within the Department of Agriculture and
 2137  Consumer Services, the Department of State, and the Fish and
 2138  Wildlife Conservation Commission, as provided in this section.
 2139  As used in this section, the term “department” means the
 2140  Department of Environmental Protection.
 2141         (2)After subtracting any required debt service payments,
 2142  the proportionate share of revenues to be transferred to each
 2143  land acquisition trust fund shall be calculated by dividing the
 2144  appropriations from each of the land acquisition trust funds for
 2145  the fiscal year by the total appropriations from the Land
 2146  Acquisition Trust Fund within the department and the land
 2147  acquisition trust funds within the Department of Agriculture and
 2148  Consumer Services, the Department of State, and the Fish and
 2149  Wildlife Conservation Commission for the fiscal year. The
 2150  department shall transfer the proportionate share of the
 2151  revenues in the Land Acquisition Trust Fund within the
 2152  department on a monthly basis to the appropriate land
 2153  acquisition trust funds within the Department of Agriculture and
 2154  Consumer Services, the Department of State, and the Fish and
 2155  Wildlife Conservation Commission and shall retain its
 2156  proportionate share of the revenues in the Land Acquisition
 2157  Trust Fund within the department. Total distributions to a land
 2158  acquisition trust fund within the Department of Agriculture and
 2159  Consumer Services, the Department of State, and the Fish and
 2160  Wildlife Conservation Commission may not exceed the total
 2161  appropriations from such trust fund for the fiscal year.
 2162         (3)In addition, the department shall transfer from the
 2163  Land Acquisition Trust Fund to land acquisition trust funds
 2164  within the Department of Agriculture and Consumer Services, the
 2165  Department of State, and the Fish and Wildlife Conservation
 2166  Commission amounts equal to the difference between the amounts
 2167  appropriated in chapter 2019-115, Laws of Florida, to the
 2168  department’s Land Acquisition Trust Fund and the other land
 2169  acquisition trust funds, and the amounts actually transferred
 2170  between those trust funds during the 2019-2020 fiscal year.
 2171         (4)The department may advance funds from the beginning
 2172  unobligated fund balance in the Land Acquisition Trust Fund to
 2173  the Land Acquisition Trust Fund within the Fish and Wildlife
 2174  Conservation Commission needed for cash flow purposes based on a
 2175  detailed expenditure plan. The department shall prorate amounts
 2176  transferred quarterly to the Fish and Wildlife Conservation
 2177  Commission to recoup the amount of funds advanced by June 30,
 2178  2021.
 2179         (5)This section expires July 1, 2021.
 2180         Section 63. In order to implement Specific Appropriation
 2181  1763 of the 2020-2021 General Appropriations Act, paragraph (e)
 2182  of subsection (11) of section 216.181, Florida Statutes, is
 2183  amended to read:
 2184         216.181 Approved budgets for operations and fixed capital
 2185  outlay.—
 2186         (11)
 2187         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2188  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 2189  Budget Commission may increase the amounts appropriated to the
 2190  Department of Environmental Protection for fixed capital outlay
 2191  projects using funds provided to the state from the
 2192  environmental mitigation trust administered by a trustee
 2193  designated by the United States District Court for the Northern
 2194  District of California for eligible mitigation actions and
 2195  mitigation action expenditures described in the partial consent
 2196  decree entered into between the United States of America and
 2197  Volkswagen relating to violations of the Clean Air Act.
 2198  Concurrent with submission of an amendment to the Legislative
 2199  Budget Commission pursuant to this paragraph, any project that
 2200  carries a continuing commitment for future appropriations by the
 2201  Legislature must be specifically identified, together with the
 2202  projected amount of the future commitment associated with the
 2203  project and the fiscal years in which the commitment is expected
 2204  to commence. This paragraph expires July 1, 2021 2020.
 2205  
 2206  The provisions of this subsection are subject to the notice and
 2207  objection procedures set forth in s. 216.177.
 2208         Section 64. In order to implement Specific Appropriations
 2209  1443 through 1452 of the 2020-2021 General Appropriations Act,
 2210  subsection (4) of section 570.441, Florida Statutes, is amended
 2211  to read:
 2212         570.441 Pest Control Trust Fund.—
 2213         (4) In addition to the uses authorized under subsection
 2214  (2), moneys collected or received by the department under
 2215  chapter 482 may be used to carry out the provisions of s.
 2216  570.44. This subsection expires June 30, 2021 2020.
 2217         Section 65. In order to implement Specific Appropriation
 2218  1380 of the 2020-2021 General Appropriations Act, and
 2219  notwithstanding the expiration date in section 91 of chapter
 2220  2019-116, Laws of Florida, paragraph (a) of subsection (1) of
 2221  section 570.93, Florida Statutes, is reenacted to read:
 2222         570.93 Department of Agriculture and Consumer Services;
 2223  agricultural water conservation and agricultural water supply
 2224  planning.—
 2225         (1) The department shall establish an agricultural water
 2226  conservation program that includes the following:
 2227         (a) A cost-share program, coordinated with the United
 2228  States Department of Agriculture and other federal, state,
 2229  regional, and local agencies when appropriate, for irrigation
 2230  system retrofit and application of mobile irrigation laboratory
 2231  evaluations, and for water conservation and water quality
 2232  improvement pursuant to s. 403.067(7)(c).
 2233         Section 66. The amendment to s. 570.93(1)(a), Florida
 2234  Statutes, as carried forward from chapter 2019-116, Laws of
 2235  Florida, by this act, expires July 1, 2021, and the text of that
 2236  paragraph shall revert to that in existence on June 30, 2019,
 2237  except that any amendments to such text enacted other than by
 2238  this act shall be preserved and continue to operate to the
 2239  extent that such amendments are not dependent upon the portions
 2240  of text which expire pursuant to this section.
 2241         Section 67. In order to implement Specific Appropriation
 2242  1728 of the 2020-2021 General Appropriations Act, paragraph (m)
 2243  of subsection (3) of section 259.105, Florida Statutes, is
 2244  amended to read:
 2245         259.105 The Florida Forever Act.—
 2246         (3) Less the costs of issuing and the costs of funding
 2247  reserve accounts and other costs associated with bonds, the
 2248  proceeds of cash payments or bonds issued pursuant to this
 2249  section shall be deposited into the Florida Forever Trust Fund
 2250  created by s. 259.1051. The proceeds shall be distributed by the
 2251  Department of Environmental Protection in the following manner:
 2252         (m) Notwithstanding paragraphs (a)-(j) and for the 2020
 2253  2021 2019-2020 fiscal year, the amount of $6 $33 million to only
 2254  the Division of State Lands within the Department of
 2255  Environmental Protection for grants pursuant to s. 375.075 the
 2256  Board of Trustees Florida Forever Priority List land acquisition
 2257  projects. This paragraph expires July 1, 2021 2020.
 2258         Section 68. In order to implement appropriations from the
 2259  Land Acquisition Trust Fund within the Department of
 2260  Environmental Protection, paragraph (b) of subsection (3) of
 2261  section 375.041, Florida Statutes, is amended to read:
 2262         375.041 Land Acquisition Trust Fund.—
 2263         (3) Funds distributed into the Land Acquisition Trust Fund
 2264  pursuant to s. 201.15 shall be applied:
 2265         (b) Of the funds remaining after the payments required
 2266  under paragraph (a), but before funds may be appropriated,
 2267  pledged, or dedicated for other uses:
 2268         1. A minimum of the lesser of 25 percent or $200 million
 2269  shall be appropriated annually for Everglades projects that
 2270  implement the Comprehensive Everglades Restoration Plan as set
 2271  forth in s. 373.470, including the Central Everglades Planning
 2272  Project subject to Congressional authorization; the Long-Term
 2273  Plan as defined in s. 373.4592(2); and the Northern Everglades
 2274  and Estuaries Protection Program as set forth in s. 373.4595.
 2275  From these funds, $32 million shall be distributed each fiscal
 2276  year through the 2023-2024 fiscal year to the South Florida
 2277  Water Management District for the Long-Term Plan as defined in
 2278  s. 373.4592(2). After deducting the $32 million distributed
 2279  under this subparagraph, from the funds remaining, a minimum of
 2280  the lesser of 76.5 percent or $100 million shall be appropriated
 2281  each fiscal year through the 2025-2026 fiscal year for the
 2282  planning, design, engineering, and construction of the
 2283  Comprehensive Everglades Restoration Plan as set forth in s.
 2284  373.470, including the Central Everglades Planning Project, the
 2285  Everglades Agricultural Area Storage Reservoir Project, the Lake
 2286  Okeechobee Watershed Project, the C-43 West Basin Storage
 2287  Reservoir Project, the Indian River Lagoon-South Project, the
 2288  Western Everglades Restoration Project, and the Picayune Strand
 2289  Restoration Project. The Department of Environmental Protection
 2290  and the South Florida Water Management District shall give
 2291  preference to those Everglades restoration projects that reduce
 2292  harmful discharges of water from Lake Okeechobee to the St.
 2293  Lucie or Caloosahatchee estuaries in a timely manner. For the
 2294  purpose of performing the calculation provided in this
 2295  subparagraph, the amount of debt service paid pursuant to
 2296  paragraph (a) for bonds issued after July 1, 2016, for the
 2297  purposes set forth under paragraph (b) shall be added to the
 2298  amount remaining after the payments required under paragraph
 2299  (a). The amount of the distribution calculated shall then be
 2300  reduced by an amount equal to the debt service paid pursuant to
 2301  paragraph (a) on bonds issued after July 1, 2016, for the
 2302  purposes set forth under this subparagraph.
 2303         2. A minimum of the lesser of 7.6 percent or $50 million
 2304  shall be appropriated annually for spring restoration,
 2305  protection, and management projects. For the purpose of
 2306  performing the calculation provided in this subparagraph, the
 2307  amount of debt service paid pursuant to paragraph (a) for bonds
 2308  issued after July 1, 2016, for the purposes set forth under
 2309  paragraph (b) shall be added to the amount remaining after the
 2310  payments required under paragraph (a). The amount of the
 2311  distribution calculated shall then be reduced by an amount equal
 2312  to the debt service paid pursuant to paragraph (a) on bonds
 2313  issued after July 1, 2016, for the purposes set forth under this
 2314  subparagraph.
 2315         3. The sum of $5 million shall be appropriated annually
 2316  each fiscal year through the 2025-2026 fiscal year to the St.
 2317  Johns River Water Management District for projects dedicated to
 2318  the restoration of Lake Apopka. 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, 2016, for the
 2321  purposes set forth in this subparagraph.
 2322         4. The sum of $64 million is appropriated and shall be
 2323  transferred to the Everglades Trust Fund for the 2018-2019
 2324  fiscal year, and each fiscal year thereafter, for the EAA
 2325  reservoir project pursuant to s. 373.4598. Any funds remaining
 2326  in any fiscal year shall be made available only for Phase II of
 2327  the C-51 reservoir project or projects identified in
 2328  subparagraph 1. and must be used in accordance with laws
 2329  relating to such projects. Any funds made available for such
 2330  purposes in a fiscal year are in addition to the amount
 2331  appropriated under subparagraph 1. This distribution shall be
 2332  reduced by an amount equal to the debt service paid pursuant to
 2333  paragraph (a) on bonds issued after July 1, 2017, for the
 2334  purposes set forth in this subparagraph.
 2335         5. Notwithstanding subparagraph 3., for the 2020-2021 2019
 2336  2020 fiscal year, funds shall be appropriated as provided in the
 2337  General Appropriations Act. This subparagraph expires July 1,
 2338  2021 2020.
 2339         Section 69. In order to implement Specific Appropriation
 2340  2659 of the 2020-2021 General Appropriations Act, paragraph (b)
 2341  of subsection (3) and subsection (5) of section 321.04, Florida
 2342  Statutes, are amended to read:
 2343         321.04 Personnel of the highway patrol; rank
 2344  classifications; probationary status of new patrol officers;
 2345  subsistence; special assignments.—
 2346         (3)
 2347         (b) For the 2020-2021 2019-2020 fiscal year only, upon the
 2348  request of the Governor, the Department of Highway Safety and
 2349  Motor Vehicles shall assign one or more patrol officers to the
 2350  office of the Lieutenant Governor for security services. This
 2351  paragraph expires July 1, 2021 2020.
 2352         (5) For the 2020-2021 2019-2020 fiscal year only, the
 2353  assignment of a patrol officer by the department shall include a
 2354  Cabinet member specified in s. 4, Art. IV of the State
 2355  Constitution if deemed appropriate by the department or in
 2356  response to a threat and upon written request of such Cabinet
 2357  member. This subsection expires July 1, 2021 2020.
 2358         Section 70. In order to implement Specific Appropriation
 2359  2282 of the 2020-2021 General Appropriations Act, subsection (3)
 2360  of section 420.9079, Florida Statutes, is amended to read:
 2361         420.9079 Local Government Housing Trust Fund.—
 2362         (3) For the 2020-2021 2019-2020 fiscal year, funds may be
 2363  used as provided in the General Appropriations Act. This
 2364  subsection expires July 1, 2021 2020.
 2365         Section 71. In order to implement Specific Appropriation
 2366  2281 of the 2020-2021 General Appropriations Act, subsection (2)
 2367  of section 420.0005, Florida Statutes, is amended to read:
 2368         420.0005 State Housing Trust Fund; State Housing Fund.—
 2369         (2) For the 2020-2021 2019-2020 fiscal year, funds may be
 2370  used as provided in the General Appropriations Act. This
 2371  subsection expires July 1, 2021 2020.
 2372         Section 72. In order to implement Specific Appropriation
 2373  2294 of the 2020-2021 General Appropriations Act, subsection
 2374  (14) of section 288.1226, Florida Statutes, is amended to read:
 2375         288.1226 Florida Tourism Industry Marketing Corporation;
 2376  use of property; board of directors; duties; audit.—
 2377         (14) REPEAL.—This section is repealed July 1, 2021 2020,
 2378  unless reviewed and saved from repeal by the Legislature.
 2379         Section 73. In order to implement Specific Appropriation
 2380  2294 of the 2020-2021 General Appropriations Act, subsection (6)
 2381  of section 288.923, Florida Statutes, is amended to read:
 2382         288.923 Division of Tourism Marketing; definitions;
 2383  responsibilities.—
 2384         (6) This section is repealed July 1, 2021 2020, unless
 2385  reviewed and saved from repeal by the Legislature.
 2386         Section 74. In order to implement Specific Appropriation
 2387  1915 of the 2020-2021 General Appropriations Act, paragraph (g)
 2388  of subsection (8) of section 338.2278, Florida Statutes, is
 2389  amended to read:
 2390         338.2278 Multi-use Corridors of Regional Economic
 2391  Significance Program.—
 2392         (8) The amounts identified in subsection (7) by fiscal year
 2393  shall be allocated as follows:
 2394         (g)1.Except as provided in subparagraph 2., in each fiscal
 2395  year in which funding provided under this subsection for the
 2396  Small County Road Assistance Program, the Small County Outreach
 2397  Program, the Transportation Disadvantaged Trust Fund, or the
 2398  workforce development program is not committed by the end of
 2399  each fiscal year, such uncommitted funds shall be used by the
 2400  department to fund Multi-use Corridors of Regional Economic
 2401  Significance Program projects. As provided in s. 339.135(7), the
 2402  adopted work program may be amended to transfer funds between
 2403  appropriations categories or to increase an appropriation
 2404  category to implement this paragraph.
 2405         2. For the 2020-2021 fiscal year, funding provided under
 2406  this subsection for the Transportation Disadvantaged Trust Fund
 2407  under paragraph (a) which is uncommitted at the end of the 2019
 2408  2020 fiscal year may be used as provided in the General
 2409  Appropriations Act. This subparagraph expires July 1, 2021.
 2410         Section 75. In order to implement Specific Appropriations
 2411  1916 through 1929, 1929F through 1929J, 1944 through 1951, 1953
 2412  through 1962, and 1999A through 2011 of the 2020-2021 General
 2413  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 2414  section 339.135, Florida Statutes, are amended to read:
 2415         339.135 Work program; legislative budget request;
 2416  definitions; preparation, adoption, execution, and amendment.—
 2417         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2418         (g)1. Any work program amendment which also requires the
 2419  transfer of fixed capital outlay appropriations between
 2420  categories within the department or the increase of an
 2421  appropriation category is subject to the approval of the
 2422  Legislative Budget Commission.
 2423         2. If a meeting of the Legislative Budget Commission cannot
 2424  be held within 30 days after the department submits an amendment
 2425  to the Legislative Budget Commission, the chair and vice chair
 2426  of the Legislative Budget Commission may authorize such
 2427  amendment to be approved pursuant to s. 216.177. This
 2428  subparagraph expires July 1, 2021 2020.
 2429         (h)1. Any work program amendment that also adds a new
 2430  project, or phase thereof, to the adopted work program in excess
 2431  of $3 million is subject to approval by the Legislative Budget
 2432  Commission. Any work program amendment submitted under this
 2433  paragraph must include, as supplemental information, a list of
 2434  projects, or phases thereof, in the current 5-year adopted work
 2435  program which are eligible for the funds within the
 2436  appropriation category being used for the proposed amendment.
 2437  The department shall provide a narrative with the rationale for
 2438  not advancing an existing project, or phase thereof, in lieu of
 2439  the proposed amendment.
 2440         2. If a meeting of the Legislative Budget Commission cannot
 2441  be held within 30 days after the department submits an amendment
 2442  to the commission, the chair and vice chair of the commission
 2443  may authorize such amendment to be approved pursuant to s.
 2444  216.177. This subparagraph expires July 1, 2021.
 2445         Section 76. In order to implement Specific Appropriation
 2446  2599 of the 2020-2021 General Appropriations Act, paragraph (d)
 2447  of subsection (4) of section 112.061, Florida Statutes, is
 2448  amended to read:
 2449         112.061 Per diem and travel expenses of public officers,
 2450  employees, and authorized persons; statewide travel management
 2451  system.—
 2452         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 2453  officer or employee assigned to an office shall be the city or
 2454  town in which the office is located except that:
 2455         (d) A Lieutenant Governor who permanently resides outside
 2456  of Leon County, may, if he or she so requests, have an
 2457  appropriate facility in his or her county designated as his or
 2458  her official headquarters for purposes of this section. This
 2459  official headquarters may only serve as the Lieutenant
 2460  Governor’s personal office. The Lieutenant Governor may not use
 2461  state funds to lease space in any facility for his or her
 2462  official headquarters.
 2463         1. A Lieutenant Governor for whom an official headquarters
 2464  is established in his or her county of residence pursuant to
 2465  this paragraph is eligible for subsistence at a rate to be
 2466  established by the Governor for each day or partial day that the
 2467  Lieutenant Governor is at the State Capitol to conduct official
 2468  state business. In addition to the subsistence allowance, a
 2469  Lieutenant Governor is eligible for reimbursement for
 2470  transportation expenses as provided in subsection (7) for travel
 2471  between the Lieutenant Governor’s official headquarters and the
 2472  State Capitol to conduct state business.
 2473         2. Payment of subsistence and reimbursement for
 2474  transportation between a Lieutenant Governor’s official
 2475  headquarters and the State Capitol shall be made to the extent
 2476  appropriated funds are available, as determined by the Governor.
 2477         3. This paragraph expires July 1, 2021 2020.
 2478         Section 77. In order to implement the salaries and
 2479  benefits, expenses, other personal services, contracted
 2480  services, and operating capital outlay categories of the 2020
 2481  2021 General Appropriations Act, paragraph (a) of subsection (2)
 2482  of section 216.292, Florida Statutes, is amended to read:
 2483         216.292 Appropriations nontransferable; exceptions.—
 2484         (2) The following transfers are authorized to be made by
 2485  the head of each department or the Chief Justice of the Supreme
 2486  Court whenever it is deemed necessary by reason of changed
 2487  conditions:
 2488         (a) The transfer of appropriations funded from identical
 2489  funding sources, except appropriations for fixed capital outlay,
 2490  and the transfer of amounts included within the total original
 2491  approved budget and plans of releases of appropriations as
 2492  furnished pursuant to ss. 216.181 and 216.192, as follows:
 2493         1. Between categories of appropriations within a budget
 2494  entity, if no category of appropriation is increased or
 2495  decreased by more than 5 percent of the original approved budget
 2496  or $250,000, whichever is greater, by all action taken under
 2497  this subsection.
 2498         2. Between budget entities within identical categories of
 2499  appropriations, if no category of appropriation is increased or
 2500  decreased by more than 5 percent of the original approved budget
 2501  or $250,000, whichever is greater, by all action taken under
 2502  this subsection.
 2503         3. Any agency exceeding salary rate established pursuant to
 2504  s. 216.181(8) on June 30th of any fiscal year shall not be
 2505  authorized to make transfers pursuant to subparagraphs 1. and 2.
 2506  in the subsequent fiscal year.
 2507         4. Notice of proposed transfers under subparagraphs 1. and
 2508  2. shall be provided to the Executive Office of the Governor and
 2509  the chairs of the legislative appropriations committees at least
 2510  3 days prior to agency implementation in order to provide an
 2511  opportunity for review. The review shall be limited to ensuring
 2512  that the transfer is in compliance with the requirements of this
 2513  paragraph.
 2514         5. For the 2020-2021 2019-2020 fiscal year, the review
 2515  shall ensure that transfers proposed pursuant to this paragraph
 2516  comply with this chapter, maximize the use of available and
 2517  appropriate trust funds, and are not contrary to legislative
 2518  policy and intent. This subparagraph expires July 1, 2021 2020.
 2519         Section 78. In order to implement section 8 of the 2020
 2520  2021 General Appropriations Act, notwithstanding s.
 2521  110.123(3)(f) and (j), Florida Statutes, the Department of
 2522  Management Services shall maintain and offer the same PPO and
 2523  HMO health plan alternatives to the participants of the state
 2524  group health insurance program during the 2020-2021 fiscal year
 2525  which were in effect for the 2019-2020 fiscal year. This section
 2526  expires July 1, 2021.
 2527         Section 79. In order to implement the appropriation of
 2528  funds in the special categories, contracted services, and
 2529  expenses categories of the 2020-2021 General Appropriations Act,
 2530  a state agency may not initiate a competitive solicitation for a
 2531  product or service if the completion of such competitive
 2532  solicitation would:
 2533         (1)Require a change in law; or
 2534         (2)Require a change to the agency’s budget other than a
 2535  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2536  unless the initiation of such competitive solicitation is
 2537  specifically authorized in law, in the General Appropriations
 2538  Act, or by the Legislative Budget Commission.
 2539  
 2540  This section does not apply to a competitive solicitation for
 2541  which the agency head certifies that a valid emergency exists.
 2542  This section expires July 1, 2021.
 2543         Section 80. In order to implement appropriations for
 2544  salaries and benefits in the 2020-2021 General Appropriations
 2545  Act, subsection (6) of section 112.24, Florida Statutes, is
 2546  amended to read:
 2547         112.24 Intergovernmental interchange of public employees.
 2548  To encourage economical and effective utilization of public
 2549  employees in this state, the temporary assignment of employees
 2550  among agencies of government, both state and local, and
 2551  including school districts and public institutions of higher
 2552  education is authorized under terms and conditions set forth in
 2553  this section. State agencies, municipalities, and political
 2554  subdivisions are authorized to enter into employee interchange
 2555  agreements with other state agencies, the Federal Government,
 2556  another state, a municipality, or a political subdivision
 2557  including a school district, or with a public institution of
 2558  higher education. State agencies are also authorized to enter
 2559  into employee interchange agreements with private institutions
 2560  of higher education and other nonprofit organizations under the
 2561  terms and conditions provided in this section. In addition, the
 2562  Governor or the Governor and Cabinet may enter into employee
 2563  interchange agreements with a state agency, the Federal
 2564  Government, another state, a municipality, or a political
 2565  subdivision including a school district, or with a public
 2566  institution of higher learning to fill, subject to the
 2567  requirements of chapter 20, appointive offices which are within
 2568  the executive branch of government and which are filled by
 2569  appointment by the Governor or the Governor and Cabinet. Under
 2570  no circumstances shall employee interchange agreements be
 2571  utilized for the purpose of assigning individuals to participate
 2572  in political campaigns. Duties and responsibilities of
 2573  interchange employees shall be limited to the mission and goals
 2574  of the agencies of government.
 2575         (6) For the 2020-2021 2019-2020 fiscal year only, the
 2576  assignment of an employee of a state agency as provided in this
 2577  section may be made if recommended by the Governor or Chief
 2578  Justice, as appropriate, and approved by the chairs of the
 2579  legislative appropriations committees. Such actions shall be
 2580  deemed approved if neither chair provides written notice of
 2581  objection within 14 days after receiving notice of the action
 2582  pursuant to s. 216.177. This subsection expires July 1, 2021
 2583  2020.
 2584         Section 81. In order to implement Specific Appropriations
 2585  2727 and 2728 of the 2020-2021 General Appropriations Act, and
 2586  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2587  salaries for members of the Legislature for the 2020-2021 fiscal
 2588  year shall be set at the same level in effect on July 1, 2010.
 2589  This section expires July 1, 2021.
 2590         Section 82. In order to implement the transfer of funds
 2591  from the General Revenue Fund from trust funds for the 2020-2021
 2592  General Appropriations Act, and notwithstanding the expiration
 2593  date in section 110 of chapter 2019-116, Laws of Florida,
 2594  paragraph (b) of subsection (2) of section 215.32, Florida
 2595  Statutes, is reenacted to read:
 2596         215.32 State funds; segregation.—
 2597         (2) The source and use of each of these funds shall be as
 2598  follows:
 2599         (b)1. The trust funds shall consist of moneys received by
 2600  the state which under law or under trust agreement are
 2601  segregated for a purpose authorized by law. The state agency or
 2602  branch of state government receiving or collecting such moneys
 2603  is responsible for their proper expenditure as provided by law.
 2604  Upon the request of the state agency or branch of state
 2605  government responsible for the administration of the trust fund,
 2606  the Chief Financial Officer may establish accounts within the
 2607  trust fund at a level considered necessary for proper
 2608  accountability. Once an account is established, the Chief
 2609  Financial Officer may authorize payment from that account only
 2610  upon determining that there is sufficient cash and releases at
 2611  the level of the account.
 2612         2. In addition to other trust funds created by law, to the
 2613  extent possible, each agency shall use the following trust funds
 2614  as described in this subparagraph for day-to-day operations:
 2615         a. Operations or operating trust fund, for use as a
 2616  depository for funds to be used for program operations funded by
 2617  program revenues, with the exception of administrative
 2618  activities when the operations or operating trust fund is a
 2619  proprietary fund.
 2620         b. Operations and maintenance trust fund, for use as a
 2621  depository for client services funded by third-party payors.
 2622         c. Administrative trust fund, for use as a depository for
 2623  funds to be used for management activities that are departmental
 2624  in nature and funded by indirect cost earnings and assessments
 2625  against trust funds. Proprietary funds are excluded from the
 2626  requirement of using an administrative trust fund.
 2627         d. Grants and donations trust fund, for use as a depository
 2628  for funds to be used for allowable grant or donor agreement
 2629  activities funded by restricted contractual revenue from private
 2630  and public nonfederal sources.
 2631         e. Agency working capital trust fund, for use as a
 2632  depository for funds to be used pursuant to s. 216.272.
 2633         f. Clearing funds trust fund, for use as a depository for
 2634  funds to account for collections pending distribution to lawful
 2635  recipients.
 2636         g. Federal grant trust fund, for use as a depository for
 2637  funds to be used for allowable grant activities funded by
 2638  restricted program revenues from federal sources.
 2639  
 2640  To the extent possible, each agency must adjust its internal
 2641  accounting to use existing trust funds consistent with the
 2642  requirements of this subparagraph. If an agency does not have
 2643  trust funds listed in this subparagraph and cannot make such
 2644  adjustment, the agency must recommend the creation of the
 2645  necessary trust funds to the Legislature no later than the next
 2646  scheduled review of the agency’s trust funds pursuant to s.
 2647  215.3206.
 2648         3. All such moneys are hereby appropriated to be expended
 2649  in accordance with the law or trust agreement under which they
 2650  were received, subject always to the provisions of chapter 216
 2651  relating to the appropriation of funds and to the applicable
 2652  laws relating to the deposit or expenditure of moneys in the
 2653  State Treasury.
 2654         4.a. Notwithstanding any provision of law restricting the
 2655  use of trust funds to specific purposes, unappropriated cash
 2656  balances from selected trust funds may be authorized by the
 2657  Legislature for transfer to the Budget Stabilization Fund and
 2658  General Revenue Fund in the General Appropriations Act.
 2659         b. This subparagraph does not apply to trust funds required
 2660  by federal programs or mandates; trust funds established for
 2661  bond covenants, indentures, or resolutions whose revenues are
 2662  legally pledged by the state or public body to meet debt service
 2663  or other financial requirements of any debt obligations of the
 2664  state or any public body; the Division of Licensing Trust Fund
 2665  in the Department of Agriculture and Consumer Services; the
 2666  State Transportation Trust Fund; the trust fund containing the
 2667  net annual proceeds from the Florida Education Lotteries; the
 2668  Florida Retirement System Trust Fund; trust funds under the
 2669  management of the State Board of Education or the Board of
 2670  Governors of the State University System, where such trust funds
 2671  are for auxiliary enterprises, self-insurance, and contracts,
 2672  grants, and donations, as those terms are defined by general
 2673  law; trust funds that serve as clearing funds or accounts for
 2674  the Chief Financial Officer or state agencies; trust funds that
 2675  account for assets held by the state in a trustee capacity as an
 2676  agent or fiduciary for individuals, private organizations, or
 2677  other governmental units; and other trust funds authorized by
 2678  the State Constitution.
 2679         Section 83. The text of s. 215.32(2)(b), Florida Statutes,
 2680  as carried forward from chapter 2011-47, Laws of Florida, by
 2681  this act, expires July 1, 2021, and the text of that paragraph
 2682  shall revert to that in existence on June 30, 2011, except that
 2683  any amendments to such text enacted other than by this act shall
 2684  be preserved and continue to operate to the extent that such
 2685  amendments are not dependent upon the portions of text which
 2686  expire pursuant to this section.
 2687         Section 84. In order to implement appropriations in the
 2688  2020-2021 General Appropriations Act for state employee travel,
 2689  the funds appropriated to each state agency which may be used
 2690  for travel by state employees are limited during the 2020-2021
 2691  fiscal year to travel for activities that are critical to each
 2692  state agency’s mission. Funds may not be used for travel by
 2693  state employees to foreign countries, other states, conferences,
 2694  staff training activities, or other administrative functions
 2695  unless the agency head has approved, in writing, that such
 2696  activities are critical to the agency’s mission. The agency head
 2697  shall consider using teleconferencing and other forms of
 2698  electronic communication to meet the needs of the proposed
 2699  activity before approving mission-critical travel. This section
 2700  does not apply to travel for law enforcement purposes, military
 2701  purposes, emergency management activities, or public health
 2702  activities. This section expires July 1, 2021.
 2703         Section 85. In order to implement appropriations in the
 2704  2020-2021 General Appropriations Act for state employee travel
 2705  and notwithstanding s. 112.061, Florida Statutes, costs for
 2706  lodging associated with a meeting, conference, or convention
 2707  organized or sponsored in whole or in part by a state agency or
 2708  the judicial branch may not exceed $225 per day. An employee may
 2709  expend his or her own funds for any lodging expenses in excess
 2710  of $225 per day. For purposes of this section, a meeting does
 2711  not include travel activities for conducting an audit,
 2712  examination, inspection, or investigation or travel activities
 2713  related to a litigation or emergency response. This section
 2714  expires July 1, 2021.
 2715         Section 86. In order to implement the appropriation of
 2716  funds in the special categories, contracted services, and
 2717  expenses categories of the 2020-2021 General Appropriations Act,
 2718  a state agency may not enter into a contract containing a
 2719  nondisclosure clause that prohibits the contractor from
 2720  disclosing information relevant to the performance of the
 2721  contract to members or staff of the Senate or the House of
 2722  Representatives. This section expires July 1, 2021.
 2723         Section 87. Any section of this act which implements a
 2724  specific appropriation or specifically identified proviso
 2725  language in the 2020-2021 General Appropriations Act is void if
 2726  the specific appropriation or specifically identified proviso
 2727  language is vetoed. Any section of this act which implements
 2728  more than one specific appropriation or more than one portion of
 2729  specifically identified proviso language in the 2020-2021
 2730  General Appropriations Act is void if all the specific
 2731  appropriations or portions of specifically identified proviso
 2732  language are vetoed.
 2733         Section 88. If any other act passed during the 2020 Regular
 2734  Session of the Legislature contains a provision that is
 2735  substantively the same as a provision in this act, but that
 2736  removes or is otherwise not subject to the future repeal applied
 2737  to such provision by this act, the Legislature intends that the
 2738  provision in the other act takes precedence and continues to
 2739  operate, notwithstanding the future repeal provided by this act.
 2740         Section 89. If any provision of this act or its application
 2741  to any person or circumstance is held invalid, the invalidity
 2742  does not affect other provisions or applications of the act
 2743  which can be given effect without the invalid provision or
 2744  application, and to this end the provisions of this act are
 2745  severable.
 2746         Section 90. Except as otherwise expressly provided in this
 2747  act and except for this section, which shall take effect upon
 2748  this act becoming a law, this act shall take effect July 1,
 2749  2020; or, if this act fails to become a law until after that
 2750  date, it shall take effect upon becoming a law and shall operate
 2751  retroactively to July 1, 2020.