Florida Senate - 2020 (PROPOSED BILL) SPB 2502
FOR CONSIDERATION By the Committee on Appropriations
576-02070-20 20202502pb
1 A bill to be entitled
2 An act implementing the 2020-2021 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language;
8 amending s. 1011.62, F.S.; conforming a provision
9 regarding the virtual education contribution to
10 reflect the Teacher Salary Increase Allocation;
11 extending for 1 fiscal year provisions governing the
12 funding compression allocation; suspending the Florida
13 Best and Brightest Teacher and Principal Allocation
14 for the 2020-2021 fiscal year; creating the Teacher
15 Salary Increase Allocation; specifying the purpose of
16 the allocation; prescribing the manner in which funds
17 under the allocation may be provided and used;
18 providing for the expiration and reversion of
19 specified statutory text; amending ss. 1012.731 and
20 1012.732, F.S.; suspending the Florida Best and
21 Brightest Teacher Program and the Florida Best and
22 Brightest Principal Program for the 2020-2021 fiscal
23 year; amending s. 1013.62, F.S.; specifying the source
24 of charter school capital outlay funding; providing
25 that charter schools are ineligible to receive capital
26 outlay funding unless the governing board chair and
27 the school’s chief administrative officer provides an
28 annual certification under oath; providing for the
29 expiration and reversion of specified statutory text;
30 creating s. 1004.6499, F.S.; establishing the Florida
31 Institute of Politics at the Florida State University;
32 providing the purpose and goals of the institute;
33 incorporating by reference certain calculations for
34 the Medicaid Disproportionate Share Hospital and
35 Hospital Reimbursement programs; authorizing the
36 Agency for Health Care Administration, in consultation
37 with the Department of Health, to submit a budget
38 amendment to realign funding for a component of the
39 Children’s Medical Services program to reflect actual
40 enrollment changes; specifying requirements for such
41 realignment; authorizing the agency to request
42 nonoperating budget authority for transferring certain
43 federal funds to the Department of Health; reenacting
44 s. 409.908(23), F.S., relating to the reimbursement of
45 Medicaid providers; extending for 1 fiscal year
46 provisions regarding reimbursement rates; providing
47 for the expiration and reversion of specified
48 statutory text; reenacting s. 409.908(26), F.S.,
49 relating to the reimbursement of Medicaid providers;
50 extending for 1 fiscal year a provision regarding the
51 receipt of funds to be used for Low Income Pool
52 Program payments; providing for the expiration and
53 reversion of specified statutory text; amending s.
54 409.904, F.S.; extending for 1 fiscal year a provision
55 requiring the Agency for Health Care Administration to
56 make payments to Medicaid-covered services; reenacting
57 s. 624.91(5)(b), F.S., relating to the Florida Healthy
58 Kids Corporation; extending for 1 fiscal year a
59 provision requiring the corporation to validate the
60 medical loss ratio and calculate a refund amount for
61 insurers and providers of health care services who
62 meet certain criteria; providing for the expiration
63 and reversion of specified statutory text; amending s.
64 381.915, F.S.; revising limitations regarding a cancer
65 center’s participation under Tier 3 of the Florida
66 Consortium of National Cancer Institute Centers
67 Program and authorization for centers to pursue
68 certain designations by the institute; providing for
69 the expiration and reversion of specified statutory
70 text; amending s. 893.055, F.S.; extending for 1
71 fiscal year a provision prohibiting the Attorney
72 General and the Department of Health from using
73 certain settlement agreement funds to administer the
74 prescription drug monitoring program; amending s.
75 409.911, F.S.; updating the average of audited
76 disproportionate share data for purposes of
77 calculating disproportionate share payments; extending
78 for 1 fiscal year the requirement that the Agency for
79 Health Care Administration distribute moneys to
80 hospitals that provide a disproportionate share of
81 Medicaid or charity care services, as provided in the
82 General Appropriations Act; amending s. 409.9113,
83 F.S.; extending for 1 fiscal year the requirement that
84 the Agency for Health Care Administration make
85 disproportionate share payments to teaching hospitals
86 as provided in the General Appropriations Act;
87 amending s. 409.9119, F.S.; extending for 1 fiscal
88 year the requirement that the Agency for Health Care
89 Administration make disproportionate share payments to
90 certain specialty hospitals for children; authorizing
91 the Agency for Health Care Administration to submit a
92 budget amendment to realign Medicaid funding for
93 specified purposes, subject to certain limitations;
94 requiring the Agency for Health Care Administration to
95 contract with an organization for the provision of
96 elder care services in specified counties if certain
97 conditions are met; specifying requirements for the
98 program; authorizing the Agency for Health Care
99 Administration and the Department of Health to each
100 submit a budget amendment to realign funding within
101 the Florida Kidcare program appropriation categories
102 or increase budget authority for certain purposes;
103 specifying the timeframe within which any such budget
104 amendment must be submitted; amending s. 381.986,
105 F.S.; exempting rules pertaining to the medical use of
106 marijuana from certain rulemaking requirements;
107 amending s. 381.988, F.S.; exempting rules pertaining
108 to medical marijuana testing laboratories from certain
109 rulemaking requirements; amending s. 14(1), chapter
110 2017-232, Laws of Florida; exempting certain rules
111 pertaining to medical marijuana adopted to replace
112 emergency rules from specified rulemaking
113 requirements; providing for the expiration and
114 reversion of specified law; requiring the Agency for
115 Health Care Administration to replace the Medicaid
116 Enterprise System; specifying requirements for the
117 replacement system; requiring the agency to take
118 specified action; providing for the establishment of
119 an executive steering committee to oversee
120 implementation of the replacement system; providing
121 for membership, meeting requirements, duties, and
122 responsibilities of the steering committee;
123 authorizing the Department of Children and Families to
124 submit a budget amendment to realign funding for
125 implementation of the Guardianship Assistance Program;
126 requiring the Department of Children and Families to
127 establish a formula for the distribution of funds to
128 implement the Guardianship Assistance Program;
129 amending s. 296.37, F.S.; extending for 1 fiscal year
130 a provision specifying the monthly contribution to
131 residents of a state veterans’ nursing home;
132 authorizing the Department of Children and Families to
133 submit a budget amendment to increase budget authority
134 for the Supplemental Nutrition Assistance Program if
135 certain conditions are met; authorizing the Department
136 of Children and Families to submit a budget amendment
137 to realign funding within the Family Safety Program
138 for specified purposes; amending s. 216.262, F.S.;
139 extending for 1 fiscal year the authority of the
140 Department of Corrections to submit a budget amendment
141 for additional positions and appropriations under
142 certain circumstances; amending s. 1011.80, F.S.;
143 specifying the manner by which state funds for
144 postsecondary workforce programs may be used for
145 inmate education; providing for the expiration and
146 reversion of specified statutory text; amending s.
147 215.18, F.S.; extending for 1 fiscal year the
148 authority and related repayment requirements for
149 temporary trust fund loans to the state court system
150 which are sufficient to meet the system’s
151 appropriation; requiring the Department of Juvenile
152 Justice to review county juvenile detention payments
153 to determine whether a county has met specified
154 financial responsibilities; requiring amounts owed by
155 the county for such financial responsibilities to be
156 deducted from certain county funds; requiring the
157 Department of Revenue to transfer withheld funds to a
158 specified trust fund; requiring the Department of
159 Revenue to ensure that such reductions in amounts
160 distributed do not reduce distributions below amounts
161 necessary for certain payments due on bonds and to
162 comply with bond covenants; requiring the Department
163 of Revenue to notify the Department of Juvenile
164 Justice if bond payment requirements mandate a
165 reduction in deductions for amounts owed by a county;
166 reenacting and amending s. 27.40, F.S., relating to
167 court-appointed counsel; extending for 1 fiscal year
168 provisions governing the appointment of court
169 appointed counsel; establishing the Cross
170 Jurisdictional Death Penalty Pilot Program within the
171 Office of Criminal Conflict and Civil Regional Counsel
172 of the Second Appellate District; specifying the
173 manner of appointing counsel to indigent defendants
174 who meet specified criteria; providing reporting
175 requirements regarding the pilot program; specifying
176 that repeal of the act does not terminate appointments
177 of counsel made under the pilot program; reenacting
178 and amending s. 27.5304, F.S., relating to private
179 court-appointed counsel; extending for 1 fiscal year
180 limitations on compensation for representation in
181 criminal proceedings; providing for the expiration and
182 reversion of specified statutory text; specifying that
183 clerks of the circuit court are responsible for
184 certain costs related to juries which exceed a certain
185 funding level; reenacting s. 318.18(19)(c), F.S.,
186 relating to penalty amounts for traffic infractions;
187 extending for 1 fiscal year the redirection of
188 revenues from the Public Defenders Revenue Trust Fund
189 to the Indigent Criminal Defense Trust Fund;
190 reenacting s. 817.568(12)(b), F.S., relating to the
191 criminal use of personal identification information;
192 extending for 1 fiscal year the redirection of
193 revenues from the Public Defenders Revenue Trust Fund
194 to the Indigent Criminal Defense Trust Fund; providing
195 for the expiration and reversion of specified
196 statutory text; requiring the Department of Management
197 Services to use tenant broker services to renegotiate
198 or reprocure certain private lease agreements for
199 office or storage space; requiring the Department of
200 Management Services to provide a report to the
201 Governor and Legislature by a specified date;
202 prohibiting an agency from transferring funds from a
203 data processing category to another category that is
204 not a data processing category; authorizing the
205 Executive Office of the Governor to transfer funds
206 appropriated for data processing assessment between
207 departments for a specified purpose; authorizing the
208 Executive Office of the Governor to transfer funds
209 between departments for purposes of aligning amounts
210 paid for risk management insurance and for human
211 resources services; requiring the Department of
212 Financial Services to replace specified components of
213 the Florida Accounting Information Resource Subsystem
214 (FLAIR) and the Cash Management Subsystem (CMS);
215 specifying certain actions to be taken by the
216 Department of Financial Services regarding FLAIR and
217 CMS replacement; providing for the composition of an
218 executive steering committee to oversee FLAIR and CMS
219 replacement; prescribing duties and responsibilities
220 of the executive steering committee; amending s.
221 216.181, F.S.; extending for 1 fiscal year the
222 authority for the Legislative Budget Commission to
223 increase amounts appropriated to the Fish and Wildlife
224 Conservation Commission or the Department of
225 Environmental Protection for certain fixed capital
226 outlay projects from specified sources; amending s.
227 215.18, F.S.; extending for 1 fiscal year the
228 authority of the Governor, if there is a specified
229 temporary deficiency in a land acquisition trust fund
230 in the Department of Agriculture and Consumer
231 Services, the Department of Environmental Protection,
232 the Department of State, or the Fish and Wildlife
233 Conservation Commission, to transfer funds from other
234 trust funds in the State Treasury as a temporary loan
235 to such trust fund; providing a deadline for the
236 repayment of a temporary loan; requiring the
237 Department of Environmental Protection to transfer
238 designated proportions of the revenues deposited in
239 the Land Acquisition Trust Fund within the department
240 to land acquisition trust funds in the Department of
241 Agriculture and Consumer Services, the Department of
242 State, and the Fish and Wildlife Conservation
243 Commission according to specified parameters and
244 calculations; defining the term “department”;
245 requiring the Department of Environmental Protection
246 to retain a proportionate share of revenues;
247 specifying a limit on distributions; requiring the
248 Department of Environmental Protection to make
249 transfers to land acquisition trust funds; specifying
250 the method of determining transfer amounts;
251 authorizing the Department of Environmental Protection
252 to advance funds from its land acquisition trust fund
253 to the Fish and Wildlife Conservation Commission’s
254 land acquisition trust fund for specified purposes;
255 requiring the Department of Environmental Protection
256 to prorate amounts transferred to the Fish and
257 Wildlife Conservation Commission; amending s. 216.181,
258 F.S.; extending for 1 fiscal year authorization for
259 the Legislative Budget Commission to increase amounts
260 appropriated to the Department of Environmental
261 Protection for fixed capital outlay projects using
262 specified funds; amending s. 570.441, F.S.; extending
263 for 1 fiscal year a provision authorizing the
264 Department of Agriculture and Consumer Services to use
265 certain funds for purposes related to the Division of
266 Agricultural Environmental Services; reenacting s.
267 570.93(1)(a), F.S., relating to the agricultural water
268 conservation program of the Department of Agriculture
269 and Consumer Services; extending for 1 fiscal year
270 provisions governing the cost-share program; providing
271 for the expiration and reversion of specified
272 statutory text; amending s. 259.105, F.S.; providing
273 for the distribution of proceeds from the Florida
274 Forever Trust Fund for the 2020-2021 fiscal year;
275 amending s. 375.041, F.S.; specifying that certain
276 funds for projects dedicated to restoring Lake Apopka
277 shall be appropriated as provided in the General
278 Appropriations Act; amending s. 321.04, F.S.;
279 extending for 1 fiscal year a provision requiring the
280 Department of Highway Safety and Motor Vehicles to
281 assign one or more patrol officers to the office of
282 Lieutenant Governor for security purposes, upon
283 request of the Governor; extending for 1 fiscal year
284 the requirement that the Department of Highway Safety
285 and Motor Vehicles assign a patrol officer to a
286 Cabinet member under certain circumstances; amending
287 s. 420.9079, F.S.; authorizing funds in the Local
288 Government Housing Trust Fund to be used as provided
289 in the General Appropriations Act; amending s.
290 420.0005, F.S.; authorizing certain funds related to
291 state housing to be used as provided in the General
292 Appropriations Act; amending s. 288.1226, F.S.;
293 extending the scheduled repeal of the Florida Tourism
294 Industry Marketing Corporation direct-support
295 organization; amending s. 288.923, F.S.; extending the
296 scheduled repeal of the Division of Tourism Marketing
297 of Enterprise Florida, Inc.; amending s. 338.2278,
298 F.S.; authorizing certain uncommitted funding for the
299 Transportation Disadvantaged Trust Fund to be used as
300 provided in the General Appropriations Act; amending
301 s. 339.135, F.S.; extending for 1 fiscal year
302 authorization for the chair and vice chair of the
303 Legislative Budget Commission to approve the
304 Department of Transportation’s budget amendment under
305 specified circumstances; authorizing the chair and
306 vice chair of the commission to approve certain budget
307 amendments of the Department of Transportation if
308 certain conditions are met; amending s. 112.061, F.S.;
309 extending for 1 fiscal year authorization for the
310 Lieutenant Governor to designate an alternative
311 official headquarters, subject to certain limitations;
312 amending s. 216.292, F.S.; extending for 1 fiscal year
313 a provision prescribing requirements for the review of
314 certain transfers of appropriations; requiring the
315 Department of Management Services to maintain and
316 offer the same health insurance options for
317 participants of the state group health insurance
318 program for the 2020-2021 fiscal year as for the
319 preceding fiscal year; prohibiting a state agency from
320 initiating a competitive solicitation for a product or
321 service under certain circumstances; providing an
322 exception; amending s. 112.24, F.S.; extending for 1
323 fiscal year the authorization, subject to specified
324 requirements, for the assignment of an employee of a
325 state agency under an employee interchange agreement;
326 providing that the annual salaries of the members of
327 the Legislature be maintained at a specified level;
328 reenacting s. 215.32(2)(b), F.S., relating to the
329 source and use of certain trust funds; providing for
330 the future expiration and reversion of statutory text;
331 limiting the use of travel funds to activities that
332 are critical to an agency’s mission; providing
333 exceptions; placing a monetary cap on lodging expenses
334 for state employee travel to certain meetings
335 organized or sponsored by a state agency or the
336 judicial branch; authorizing employees to expend their
337 own funds for lodging expenses in excess of the
338 monetary caps; prohibiting state agencies from
339 entering into contracts containing certain
340 nondisclosure agreements; providing conditions under
341 which the veto of certain appropriations or proviso
342 language in the General Appropriations Act voids
343 language that implements such appropriations;
344 providing for the continued operation of certain
345 provisions notwithstanding a future repeal or
346 expiration provided by the act; providing
347 severability; providing effective dates.
348
349 Be It Enacted by the Legislature of the State of Florida:
350
351 Section 1. It is the intent of the Legislature that the
352 implementing and administering provisions of this act apply to
353 the General Appropriations Act for the 2020-2021 fiscal year.
354 Section 2. In order to implement Specific Appropriations 8,
355 9, 10, 92, and 93 of the 2020-2021 General Appropriations Act,
356 the calculations of the Florida Education Finance Program for
357 the 2020-2021 fiscal year included in the document titled
358 “Public School Funding: The Florida Education Finance Program,”
359 dated January 30, 2020, and filed with the Secretary of the
360 Senate, are incorporated by reference for the purpose of
361 displaying the calculations used by the Legislature, consistent
362 with the requirements of state law, in making appropriations for
363 the Florida Education Finance Program. This section expires July
364 1, 2021.
365 Section 3. In order to implement Specific Appropriations 8
366 and 92 of the 2020-2021 General Appropriations Act, and
367 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
368 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
369 expenditure of funds provided for instructional materials, for
370 the 2020-2021 fiscal year, funds provided for instructional
371 materials shall be released and expended as required in the
372 proviso language for Specific Appropriation 92 of the 2020-2021
373 General Appropriations Act. This section expires July 1, 2021.
374 Section 4. In order to implement Specific Appropriations 8
375 and 92 of the 2020-2021 General Appropriations Act, subsections
376 (11), (17), and (18) of section 1011.62, Florida Statutes, are
377 amended, and subsection (22) is added to that section, to read:
378 1011.62 Funds for operation of schools.—If the annual
379 allocation from the Florida Education Finance Program to each
380 district for operation of schools is not determined in the
381 annual appropriations act or the substantive bill implementing
382 the annual appropriations act, it shall be determined as
383 follows:
384 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
385 annually provide in the Florida Education Finance Program a
386 virtual education contribution. The amount of the virtual
387 education contribution shall be the difference between the
388 amount per FTE established in the General Appropriations Act for
389 virtual education and the amount per FTE for each district and
390 the Florida Virtual School, which may be calculated by taking
391 the sum of the base FEFP allocation, the discretionary local
392 effort, the state-funded discretionary contribution, the
393 discretionary millage compression supplement, the research-based
394 reading instruction allocation, the best and brightest teacher
395 and principal allocation, the teacher salary increase
396 allocation, and the instructional materials allocation, and then
397 dividing by the total unweighted FTE. This difference shall be
398 multiplied by the virtual education unweighted FTE for programs
399 and options identified in s. 1002.455 and the Florida Virtual
400 School and its franchises to equal the virtual education
401 contribution and shall be included as a separate allocation in
402 the funding formula.
403 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
404 provide an annual funding compression allocation in the General
405 Appropriations Act. The allocation is created to provide
406 additional funding to school districts and developmental
407 research schools whose total funds per FTE in the prior year
408 were less than the statewide average. Using the most recent
409 prior year FEFP calculation for each eligible school district,
410 the total funds per FTE shall be subtracted from the state
411 average funds per FTE, not including any adjustments made
412 pursuant to paragraph (19)(b). The resulting funds per FTE
413 difference, or a portion thereof, as designated in the General
414 Appropriations Act, shall then be multiplied by the school
415 district’s total unweighted FTE to provide the allocation. If
416 the calculated funds are greater than the amount included in the
417 General Appropriations Act, they must be prorated to the
418 appropriation amount based on each participating school
419 district’s share. This subsection expires July 1, 2021 2020.
420 (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
421 ALLOCATION.—
422 (a) The Florida Best and Brightest Teacher and Principal
423 Allocation is created to recruit, retain, and recognize
424 classroom teachers and instructional personnel who meet the
425 criteria established in s. 1012.731 and reward principals who
426 meet the criteria established in s. 1012.732. Subject to annual
427 appropriation, each school district shall receive an allocation
428 based on the district’s proportionate share of FEFP base
429 funding. The Legislature may specify a minimum allocation for
430 all districts in the General Appropriations Act.
431 (b) From the allocation, each district shall provide the
432 following:
433 1. A one-time recruitment award, as provided in s.
434 1012.731(3)(a);
435 2. A retention award, as provided in s. 1012.731(3)(b); and
436 3. A recognition award, as provided in s. 1012.731(3)(c)
437 from the remaining balance of the appropriation after the
438 payment of all other awards authorized under ss. 1012.731 and
439 1012.732.
440 (c) From the allocation, each district shall provide
441 eligible principals an award as provided in s. 1012.732(3).
442
443 If a district’s calculated awards exceed the allocation, the
444 district may prorate the awards.
445 (d) The allocation authorized in this subsection is
446 suspended for the 2020-2021 fiscal year and does not apply
447 during such fiscal year. This paragraph expires July 1, 2021.
448 (22) TEACHER SALARY INCREASE ALLOCATION.–
449 (a) The Teacher Salary Increase Allocation is created to
450 increase teacher salaries and improve this state’s relative
451 teacher salary position when compared with teacher salaries in
452 other states.
453 (b) Subject to annual appropriation, funds may be provided
454 for each school district to increase the minimum base salary for
455 full-time classroom teachers as defined in s. 1012.01(2)(a) or
456 all instructional personnel as defined by s. 1012.01(2)(a)-(d),
457 plus certified prekindergarten teachers, but not including
458 substitute teachers, by no less than the amount designated in
459 the General Appropriations Act. In addition, funds may also be
460 provided in an amount designated in the General Appropriations
461 Act for salary increases for all full-time instructional
462 personnel as determined by the school board and the local
463 bargaining unit.
464 (c) Funds for this purpose shall be allocated on each
465 district’s share of the base FEFP allocation. Funds for the
466 minimum base salary increase may be provided in multiple years
467 in order to achieve a particular salary goal. The minimum base
468 salary is the base annual salary before payroll deductions and
469 excluding additional compensation.
470 (d) This subsection expires July 1, 2021.
471 Section 5. The amendment to s. 1011.62(11), Florida
472 Statutes, by this act, expires July 1, 2021, and the text of
473 that subsection shall revert to that in existence on June 30,
474 2020, except that any amendments to such text enacted other than
475 by this act shall be preserved and continue to operate to the
476 extent that such amendments are not dependent upon the portions
477 of text which expire pursuant to this section.
478 Section 6. In order to implement Specific Appropriations 8
479 and 92 of the 2020-2021 General Appropriations Act, subsection
480 (4) is added to section 1012.731, Florida Statutes, to read:
481 1012.731 The Florida Best and Brightest Teacher Program.—
482 (4) No awards may be made pursuant to this section and the
483 operation of the program is suspended for the 2020-2021 fiscal
484 year. This subsection expires July 1, 2021.
485 Section 7. In order to implement Specific Appropriations 8
486 and 92 of the 2020-2021 General Appropriations Act, subsection
487 (4) is added to section 1012.732, Florida Statutes, to read:
488 1012.732 The Florida Best and Brightest Principal Program.—
489 (4) No awards may be made pursuant to this section and the
490 operation of the program is suspended for the 2020-2021 fiscal
491 year. This subsection expires July 1, 2021.
492 Section 8. In order to implement Specific Appropriation 21
493 of the 2020-2021 General Appropriations Act, subsection (1) of
494 section 1013.62, Florida Statutes, is amended to read:
495 1013.62 Charter schools capital outlay funding.—
496 (1) For the 2020-2021 2018-2019 fiscal year, charter school
497 capital outlay funding shall consist of state funds appropriated
498 in the 2020-2021 2018-2019 General Appropriations Act. Beginning
499 in fiscal year 2021-2022 2019-2020, charter school capital
500 outlay funding shall consist of state funds when such funds are
501 appropriated in the General Appropriations Act and revenue
502 resulting from the discretionary millage authorized in s.
503 1011.71(2) if the amount of state funds appropriated for charter
504 school capital outlay in any fiscal year is less than the
505 average charter school capital outlay funds per unweighted full
506 time equivalent student for the 2018-2019 fiscal year,
507 multiplied by the estimated number of charter school students
508 for the applicable fiscal year, and adjusted by changes in the
509 Consumer Price Index issued by the United States Department of
510 Labor from the previous fiscal year. Nothing in this subsection
511 prohibits a school district from distributing to charter schools
512 funds resulting from the discretionary millage authorized in s.
513 1011.71(2).
514 (a) To be eligible to receive capital outlay funds, a
515 charter school must:
516 1.a. Have been in operation for 2 or more years;
517 b. Be governed by a governing board established in the
518 state for 2 or more years which operates both charter schools
519 and conversion charter schools within the state;
520 c. Be an expanded feeder chain of a charter school within
521 the same school district that is currently receiving charter
522 school capital outlay funds;
523 d. Have been accredited by a regional accrediting
524 association as defined by State Board of Education rule; or
525 e. Serve students in facilities that are provided by a
526 business partner for a charter school-in-the-workplace pursuant
527 to s. 1002.33(15)(b).
528 2. Have an annual audit that does not reveal any of the
529 financial emergency conditions provided in s. 218.503(1) for the
530 most recent fiscal year for which such audit results are
531 available.
532 3. Have satisfactory student achievement based on state
533 accountability standards applicable to the charter school.
534 4. Have received final approval from its sponsor pursuant
535 to s. 1002.33 for operation during that fiscal year.
536 5. Serve students in facilities that are not provided by
537 the charter school’s sponsor.
538 (b) A charter school is not eligible to receive capital
539 outlay funds if it was created by the conversion of a public
540 school and operates in facilities provided by the charter
541 school’s sponsor for a nominal fee, or at no charge, or if it is
542 directly or indirectly operated by the school district.
543 (c) A charter school additionally is not eligible for a
544 funding allocation unless the chair of the governing board and
545 the chief administrative officer of the charter school annually
546 certify under oath that the funds will be used solely and
547 exclusively for constructing, renovating, leasing, purchasing,
548 financing or improving charter school facilities that are:
549 1. Owned by a school district, political subdivision of the
550 state, municipality, Florida College System institution, or
551 state university; or
552 2. Owned by an organization, qualified as an exempt
553 organization under s. 501(c)(3) of the Internal Revenue Code, or
554 a tax support organization under s. 509 of the Internal Revenue
555 Code, whose articles of incorporation specify that upon the
556 organization’s dissolution, the subject property, subject to any
557 indebtedness secured thereby and the satisfaction of the
558 organization’s other debts, will be transferred as indicated in
559 the articles of incorporation to:
560 a. Another such exempt organization, including one
561 organized for educational purposes.
562 b. A school district or other political subdivision of the
563 state.
564 c. A municipality.
565 d. A Florida College System institution.
566 e. A state university; or
567 3. Owned by and leased from, at a fair market value, a
568 person or entity that is not an affiliated party of the charter
569 school. For purposes of this subparagraph, the term “affiliated
570 party of the charter school” means the applicant for the charter
571 school pursuant to s. 1002.33; the governing board of the
572 charter school or a member of the governing board; the charter
573 school principal; an individual employed by the charter school;
574 or a relative, as defined in s. 1002.33(24)(a)2., of a charter
575 school governing board member, a charter school principal or a
576 charter school employee.
577 Section 9. The amendments to s. 1013.62(1), Florida
578 Statutes, by this act expire July 1, 2021, and the text of that
579 subsection shall revert to that in existence on June 30, 2020,
580 except that any amendments to such text enacted other than by
581 this act shall be preserved and continue to operate to the
582 extent that such amendments are not dependent upon the portions
583 of text which expire pursuant to this section.
584 Section 10. In order to implement Specific Appropriation
585 150 of the 2020-2021 General Appropriations Act, section
586 1004.6499, Florida Statutes, is created to read:
587 1004.6499 Florida Institute of Politics.—
588 (1) The Florida Institute of Politics is established at the
589 Florida State University within the College of Social Sciences
590 and Public Policy. The purpose of the institute is to provide
591 the southeastern region of the United States with a world class,
592 bipartisan, nationally-renowned institute of politics.
593 (2) The goals of the institute are to:
594 (a) Motivate students across the Florida State University
595 to become aware of the significance of government and civic
596 engagement at all levels and politics in general.
597 (b) Provide students with an opportunity to be politically
598 active and civically engaged.
599 (c) Nurture a state of consciousness and passion for public
600 service and politics.
601 (d) Plan and host forums to allow students and guests to
602 hear from and interact with experts from government, politics,
603 policy, and journalism on a frequent basis.
604 (e) Become a national and state resource on polling
605 information and survey methodology.
606 (f) Provide fellowships and internship opportunities to
607 students in government, non-profit organizations, and community
608 organizations.
609 (g) Provide training sessions for newly elected state and
610 local public officials.
611 (h) Organize and sponsor conferences, symposia and
612 workshops throughout Florida to educate and inform citizens,
613 elected officials, and appointed policymakers regarding
614 effective policymaking techniques and processes.
615 (i) Create and promote research and awareness regarding
616 politics, citizen involvement and public service.
617 (j) Collaborate with related policy institutes and research
618 activities at Florida State University and other institutions of
619 higher education to motivate, increase and sustain citizen
620 involvement in public affairs.
621 (3) This section expires July 1, 2021.
622 Section 11. In order to implement Specific Appropriations
623 207, 208, 211, and 215 of the 2020-2021 General Appropriations
624 Act, the calculations for the Medicaid Disproportionate Share
625 Hospital and Hospital Reimbursement programs for the 2020-2021
626 fiscal year contained in the document titled “Medicaid
627 Disproportionate Share Hospital and Hospital Reimbursement
628 Programs, Fiscal Year 2020-2021,” dated January 30, 2020, and
629 filed with the Secretary of the Senate, are incorporated by
630 reference for the purpose of displaying the calculations used by
631 the Legislature, consistent with the requirements of state law,
632 in making appropriations for the Medicaid Disproportionate Share
633 Hospital and Hospital Reimbursement programs. This section
634 expires July 1, 2021.
635 Section 12. In order to implement Specific Appropriations
636 201 through 228 and 526 of the 2020-2021 General Appropriations
637 Act, and notwithstanding ss. 216.181 and 216.292, Florida
638 Statutes, the Agency for Health Care Administration, in
639 consultation with the Department of Health, may submit a budget
640 amendment, subject to the notice, review, and objection
641 procedures of s. 216.177, Florida Statutes, to realign funding
642 within and between agencies based on implementation of the
643 Managed Medical Assistance component of the Statewide Medicaid
644 Managed Care program for the Children’s Medical Services program
645 of the Department of Health. The funding realignment shall
646 reflect the actual enrollment changes due to the transfer of
647 beneficiaries from fee-for-service to the capitated Children’s
648 Medical Services Network. The Agency for Health Care
649 Administration may submit a request for nonoperating budget
650 authority to transfer the federal funds to the Department of
651 Health pursuant to s. 216.181(12), Florida Statutes. This
652 section expires July 1, 2021.
653 Section 13. In order to implement Specific Appropriations
654 225 and 226 of the 2020-2021 General Appropriations Act, and
655 notwithstanding the expiration date in section 19 of chapter
656 2019-116, Laws of Florida, subsection (23) of section 409.908,
657 Florida Statutes, is reenacted to read:
658 409.908 Reimbursement of Medicaid providers.—Subject to
659 specific appropriations, the agency shall reimburse Medicaid
660 providers, in accordance with state and federal law, according
661 to methodologies set forth in the rules of the agency and in
662 policy manuals and handbooks incorporated by reference therein.
663 These methodologies may include fee schedules, reimbursement
664 methods based on cost reporting, negotiated fees, competitive
665 bidding pursuant to s. 287.057, and other mechanisms the agency
666 considers efficient and effective for purchasing services or
667 goods on behalf of recipients. If a provider is reimbursed based
668 on cost reporting and submits a cost report late and that cost
669 report would have been used to set a lower reimbursement rate
670 for a rate semester, then the provider’s rate for that semester
671 shall be retroactively calculated using the new cost report, and
672 full payment at the recalculated rate shall be effected
673 retroactively. Medicare-granted extensions for filing cost
674 reports, if applicable, shall also apply to Medicaid cost
675 reports. Payment for Medicaid compensable services made on
676 behalf of Medicaid eligible persons is subject to the
677 availability of moneys and any limitations or directions
678 provided for in the General Appropriations Act or chapter 216.
679 Further, nothing in this section shall be construed to prevent
680 or limit the agency from adjusting fees, reimbursement rates,
681 lengths of stay, number of visits, or number of services, or
682 making any other adjustments necessary to comply with the
683 availability of moneys and any limitations or directions
684 provided for in the General Appropriations Act, provided the
685 adjustment is consistent with legislative intent.
686 (23)(a) The agency shall establish rates at a level that
687 ensures no increase in statewide expenditures resulting from a
688 change in unit costs for county health departments effective
689 July 1, 2011. Reimbursement rates shall be as provided in the
690 General Appropriations Act.
691 (b)1. Base rate reimbursement for inpatient services under
692 a diagnosis-related group payment methodology shall be provided
693 in the General Appropriations Act.
694 2. Base rate reimbursement for outpatient services under an
695 enhanced ambulatory payment group methodology shall be provided
696 in the General Appropriations Act.
697 3. Prospective payment system reimbursement for nursing
698 home services shall be as provided in subsection (2) and in the
699 General Appropriations Act.
700 Section 14. The text of s. 409.908(23), Florida Statutes,
701 as carried forward from chapter 2018-10, Laws of Florida, by
702 this act, expires July 1, 2021, and the text of that subsection
703 shall revert to that in existence on October 1, 2018, not
704 including any amendments made by chapter 2018-10, Laws of
705 Florida, except that any amendments to such text enacted other
706 than by this act and chapters 2019-116 and 2018-10, Laws of
707 Florida, shall be preserved and continue to operate to the
708 extent that such amendments are not dependent upon the portions
709 of text which expire pursuant to this section.
710 Section 15. In order to implement Specific Appropriation
711 209 of the 2020-2021 General Appropriations Act, and
712 notwithstanding the expiration date in section 21 of chapter
713 2019-116, Laws of Florida, subsection (26) of section 409.908,
714 Florida Statutes, is reenacted to read:
715 409.908 Reimbursement of Medicaid providers.—Subject to
716 specific appropriations, the agency shall reimburse Medicaid
717 providers, in accordance with state and federal law, according
718 to methodologies set forth in the rules of the agency and in
719 policy manuals and handbooks incorporated by reference therein.
720 These methodologies may include fee schedules, reimbursement
721 methods based on cost reporting, negotiated fees, competitive
722 bidding pursuant to s. 287.057, and other mechanisms the agency
723 considers efficient and effective for purchasing services or
724 goods on behalf of recipients. If a provider is reimbursed based
725 on cost reporting and submits a cost report late and that cost
726 report would have been used to set a lower reimbursement rate
727 for a rate semester, then the provider’s rate for that semester
728 shall be retroactively calculated using the new cost report, and
729 full payment at the recalculated rate shall be effected
730 retroactively. Medicare-granted extensions for filing cost
731 reports, if applicable, shall also apply to Medicaid cost
732 reports. Payment for Medicaid compensable services made on
733 behalf of Medicaid eligible persons is subject to the
734 availability of moneys and any limitations or directions
735 provided for in the General Appropriations Act or chapter 216.
736 Further, nothing in this section shall be construed to prevent
737 or limit the agency from adjusting fees, reimbursement rates,
738 lengths of stay, number of visits, or number of services, or
739 making any other adjustments necessary to comply with the
740 availability of moneys and any limitations or directions
741 provided for in the General Appropriations Act, provided the
742 adjustment is consistent with legislative intent.
743 (26) The agency may receive funds from state entities,
744 including, but not limited to, the Department of Health, local
745 governments, and other local political subdivisions, for the
746 purpose of making special exception payments and Low Income Pool
747 Program payments, including federal matching funds. Funds
748 received for this purpose shall be separately accounted for and
749 may not be commingled with other state or local funds in any
750 manner. The agency may certify all local governmental funds used
751 as state match under Title XIX of the Social Security Act to the
752 extent and in the manner authorized under the General
753 Appropriations Act and pursuant to an agreement between the
754 agency and the local governmental entity. In order for the
755 agency to certify such local governmental funds, a local
756 governmental entity must submit a final, executed letter of
757 agreement to the agency, which must be received by October 1 of
758 each fiscal year and provide the total amount of local
759 governmental funds authorized by the entity for that fiscal year
760 under the General Appropriations Act. The local governmental
761 entity shall use a certification form prescribed by the agency.
762 At a minimum, the certification form must identify the amount
763 being certified and describe the relationship between the
764 certifying local governmental entity and the local health care
765 provider. Local governmental funds outlined in the letters of
766 agreement must be received by the agency no later than October
767 31 of each fiscal year in which such funds are pledged, unless
768 an alternative plan is specifically approved by the agency.
769 Section 16. The text of s. 409.908(26), Florida Statutes,
770 as carried forward from chapter 2019-116, Laws of Florida, by
771 this act, expires July 1, 2021, and the text of that subsection
772 shall revert to that in existence on June 30, 2019, except that
773 any amendments to such text enacted other than by this act shall
774 be preserved and continue to operate to the extent that such
775 amendments are not dependent upon the portions of text which
776 expire pursuant to this section.
777 Section 17. In order to implement Specific Appropriations
778 207, 211, 212, 214, 216, and 225 of the 2020-2021 General
779 Appropriations Act, subsection (12) of section 409.904, Florida
780 Statutes, is amended to read:
781 409.904 Optional payments for eligible persons.—The agency
782 may make payments for medical assistance and related services on
783 behalf of the following persons who are determined to be
784 eligible subject to the income, assets, and categorical
785 eligibility tests set forth in federal and state law. Payment on
786 behalf of these Medicaid eligible persons is subject to the
787 availability of moneys and any limitations established by the
788 General Appropriations Act or chapter 216.
789 (12) Effective July 1, 2020 2019, the agency shall make
790 payments to Medicaid-covered services:
791 (a) For eligible children and pregnant women, retroactive
792 for a period of no more than 90 days before the month in which
793 an application for Medicaid is submitted.
794 (b) For eligible nonpregnant adults, retroactive to the
795 first day of the month in which an application for Medicaid is
796 submitted.
797
798 This subsection expires July 1, 2021 2020.
799 Section 18. In order to implement Specific Appropriations
800 181 through 184 of the 2020-2021 General Appropriations Act, and
801 notwithstanding the expiration date in section 31 of chapter
802 2019-116, Laws of Florida, paragraph (b) of subsection (5) of
803 section 624.91, Florida Statutes, is reenacted to read:
804 624.91 The Florida Healthy Kids Corporation Act.—
805 (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
806 (b) The Florida Healthy Kids Corporation shall:
807 1. Arrange for the collection of any family, local
808 contributions, or employer payment or premium, in an amount to
809 be determined by the board of directors, to provide for payment
810 of premiums for comprehensive insurance coverage and for the
811 actual or estimated administrative expenses.
812 2. Arrange for the collection of any voluntary
813 contributions to provide for payment of Florida Kidcare program
814 premiums for children who are not eligible for medical
815 assistance under Title XIX or Title XXI of the Social Security
816 Act.
817 3. Subject to the provisions of s. 409.8134, accept
818 voluntary supplemental local match contributions that comply
819 with the requirements of Title XXI of the Social Security Act
820 for the purpose of providing additional Florida Kidcare coverage
821 in contributing counties under Title XXI.
822 4. Establish the administrative and accounting procedures
823 for the operation of the corporation.
824 5. Establish, with consultation from appropriate
825 professional organizations, standards for preventive health
826 services and providers and comprehensive insurance benefits
827 appropriate to children, provided that such standards for rural
828 areas shall not limit primary care providers to board-certified
829 pediatricians.
830 6. Determine eligibility for children seeking to
831 participate in the Title XXI-funded components of the Florida
832 Kidcare program consistent with the requirements specified in s.
833 409.814, as well as the non-Title-XXI-eligible children as
834 provided in subsection (3).
835 7. Establish procedures under which providers of local
836 match to, applicants to and participants in the program may have
837 grievances reviewed by an impartial body and reported to the
838 board of directors of the corporation.
839 8. Establish participation criteria and, if appropriate,
840 contract with an authorized insurer, health maintenance
841 organization, or third-party administrator to provide
842 administrative services to the corporation.
843 9. Establish enrollment criteria that include penalties or
844 waiting periods of 30 days for reinstatement of coverage upon
845 voluntary cancellation for nonpayment of family premiums.
846 10. Contract with authorized insurers or any provider of
847 health care services, meeting standards established by the
848 corporation, for the provision of comprehensive insurance
849 coverage to participants. Such standards shall include criteria
850 under which the corporation may contract with more than one
851 provider of health care services in program sites. Health plans
852 shall be selected through a competitive bid process. The Florida
853 Healthy Kids Corporation shall purchase goods and services in
854 the most cost-effective manner consistent with the delivery of
855 quality medical care. The maximum administrative cost for a
856 Florida Healthy Kids Corporation contract shall be 15 percent.
857 For health care contracts, the minimum medical loss ratio for a
858 Florida Healthy Kids Corporation contract shall be 85 percent.
859 For dental contracts, the remaining compensation to be paid to
860 the authorized insurer or provider under a Florida Healthy Kids
861 Corporation contract shall be no less than an amount which is 85
862 percent of premium; to the extent any contract provision does
863 not provide for this minimum compensation, this section shall
864 prevail. For an insurer or any provider of health care services
865 which achieves an annual medical loss ratio below 85 percent,
866 the Florida Healthy Kids Corporation shall validate the medical
867 loss ratio and calculate an amount to be refunded by the insurer
868 or any provider of health care services to the state which shall
869 be deposited into the General Revenue Fund unallocated. The
870 health plan selection criteria and scoring system, and the
871 scoring results, shall be available upon request for inspection
872 after the bids have been awarded.
873 11. Establish disenrollment criteria in the event local
874 matching funds are insufficient to cover enrollments.
875 12. Develop and implement a plan to publicize the Florida
876 Kidcare program, the eligibility requirements of the program,
877 and the procedures for enrollment in the program and to maintain
878 public awareness of the corporation and the program.
879 13. Secure staff necessary to properly administer the
880 corporation. Staff costs shall be funded from state and local
881 matching funds and such other private or public funds as become
882 available. The board of directors shall determine the number of
883 staff members necessary to administer the corporation.
884 14. In consultation with the partner agencies, provide a
885 report on the Florida Kidcare program annually to the Governor,
886 the Chief Financial Officer, the Commissioner of Education, the
887 President of the Senate, the Speaker of the House of
888 Representatives, and the Minority Leaders of the Senate and the
889 House of Representatives.
890 15. Provide information on a quarterly basis to the
891 Legislature and the Governor which compares the costs and
892 utilization of the full-pay enrolled population and the Title
893 XXI-subsidized enrolled population in the Florida Kidcare
894 program. The information, at a minimum, must include:
895 a. The monthly enrollment and expenditure for full-pay
896 enrollees in the Medikids and Florida Healthy Kids programs
897 compared to the Title XXI-subsidized enrolled population; and
898 b. The costs and utilization by service of the full-pay
899 enrollees in the Medikids and Florida Healthy Kids programs and
900 the Title XXI-subsidized enrolled population.
901 16. Establish benefit packages that conform to the
902 provisions of the Florida Kidcare program, as created in ss.
903 409.810-409.821.
904 Section 19. The text of s. 624.91(5)(b), Florida Statutes,
905 as carried forward from chapter 2019-116, Laws of Florida, by
906 this act, expires July 1, 2021, and the text of that paragraph
907 shall revert to that in existence on June 30, 2019, except that
908 any amendments to such text enacted other than by this act shall
909 be preserved and continue to operate to the extent that such
910 amendments are not dependent upon the portions of text which
911 expire pursuant to this section.
912 Section 20. In order to implement Specific Appropriation
913 458 of the 2020-2021 General Appropriations Act, subsection (4)
914 of section 381.915, Florida Statutes, is amended to read:
915 381.915 Florida Consortium of National Cancer Institute
916 Centers Program.—
917 (4) Tier designations and corresponding weights within the
918 Florida Consortium of National Cancer Institute Centers Program
919 are as follows:
920 (a) Tier 1: Florida-based NCI-designated comprehensive
921 cancer centers, which shall be weighted at 1.5.
922 (b) Tier 2: Florida-based NCI-designated cancer centers,
923 which shall be weighted at 1.25.
924 (c) Tier 3: Florida-based cancer centers seeking
925 designation as either a NCI-designated cancer center or NCI
926 designated comprehensive cancer center, which shall be weighted
927 at 1.0.
928 1. A cancer center shall meet the following minimum
929 criteria to be considered eligible for Tier 3 designation in any
930 given fiscal year:
931 a. Conducting cancer-related basic scientific research and
932 cancer-related population scientific research;
933 b. Offering and providing the full range of diagnostic and
934 treatment services on site, as determined by the Commission on
935 Cancer of the American College of Surgeons;
936 c. Hosting or conducting cancer-related interventional
937 clinical trials that are registered with the NCI’s Clinical
938 Trials Reporting Program;
939 d. Offering degree-granting programs or affiliating with
940 universities through degree-granting programs accredited or
941 approved by a nationally recognized agency and offered through
942 the center or through the center in conjunction with another
943 institution accredited by the Commission on Colleges of the
944 Southern Association of Colleges and Schools;
945 e. Providing training to clinical trainees, medical
946 trainees accredited by the Accreditation Council for Graduate
947 Medical Education or the American Osteopathic Association, and
948 postdoctoral fellows recently awarded a doctorate degree; and
949 f. Having more than $5 million in annual direct costs
950 associated with their total NCI peer-reviewed grant funding.
951 2. The General Appropriations Act or accompanying
952 legislation may limit the number of cancer centers which shall
953 receive Tier 3 designations or provide additional criteria for
954 such designation.
955 3. A cancer center’s participation in Tier 3 may not extend
956 beyond July 1, 2021 shall be limited to 6 years.
957 4. A cancer center that qualifies as a designated Tier 3
958 center under the criteria provided in subparagraph 1. by July 1,
959 2014, is authorized to pursue NCI designation as a cancer center
960 or a comprehensive cancer center until July 1, 2021 for 6 years
961 after qualification.
962 Section 21. The amendments to s. 381.915(4), Florida
963 Statutes, by this act expire July 1, 2021, and the text of that
964 subsection shall revert to that in existence on June 30, 2020,
965 except that any amendments to such text enacted other than by
966 this act shall be preserved and continue to operate to the
967 extent that such amendments are not dependent upon the portions
968 of text which expire pursuant to this section.
969 Section 22. In order to implement Specific Appropriations
970 536, 537, 542, and 545 of the 2020-2021 General Appropriations
971 Act, subsection (17) of section 893.055, Florida Statutes, is
972 amended to read:
973 893.055 Prescription drug monitoring program.—
974 (17) For the 2020-2021 2019-2020 fiscal year only, neither
975 the Attorney General nor the department may use funds received
976 as part of a settlement agreement to administer the prescription
977 drug monitoring program. This subsection expires July 1, 2021
978 2020.
979 Section 23. In order to implement Specific Appropriation
980 208 of the 2020-2021 General Appropriations Act, subsections (2)
981 and (10) of section 409.911, Florida Statutes, are amended to
982 read:
983 409.911 Disproportionate share program.—Subject to specific
984 allocations established within the General Appropriations Act
985 and any limitations established pursuant to chapter 216, the
986 agency shall distribute, pursuant to this section, moneys to
987 hospitals providing a disproportionate share of Medicaid or
988 charity care services by making quarterly Medicaid payments as
989 required. Notwithstanding the provisions of s. 409.915, counties
990 are exempt from contributing toward the cost of this special
991 reimbursement for hospitals serving a disproportionate share of
992 low-income patients.
993 (2) The Agency for Health Care Administration shall use the
994 following actual audited data to determine the Medicaid days and
995 charity care to be used in calculating the disproportionate
996 share payment:
997 (a) The average of the 2012, 2013, and 2014 2011, 2012, and
998 2013 audited disproportionate share data to determine each
999 hospital’s Medicaid days and charity care for the 2020-2021
1000 2019-2020 state fiscal year.
1001 (b) If the Agency for Health Care Administration does not
1002 have the prescribed 3 years of audited disproportionate share
1003 data as noted in paragraph (a) for a hospital, the agency shall
1004 use the average of the years of the audited disproportionate
1005 share data as noted in paragraph (a) which is available.
1006 (c) In accordance with s. 1923(b) of the Social Security
1007 Act, a hospital with a Medicaid inpatient utilization rate
1008 greater than one standard deviation above the statewide mean or
1009 a hospital with a low-income utilization rate of 25 percent or
1010 greater shall qualify for reimbursement.
1011 (10) Notwithstanding any provision of this section to the
1012 contrary, for the 2020-2021 2019-2020 state fiscal year, the
1013 agency shall distribute moneys to hospitals providing a
1014 disproportionate share of Medicaid or charity care services as
1015 provided in the 2020-2021 2019-2020 General Appropriations Act.
1016 This subsection expires July 1, 2021 2020.
1017 Section 24. In order to implement Specific Appropriation
1018 208 of the 2020-2021 General Appropriations Act, subsection (3)
1019 of section 409.9113, Florida Statutes, is amended to read:
1020 409.9113 Disproportionate share program for teaching
1021 hospitals.—In addition to the payments made under s. 409.911,
1022 the agency shall make disproportionate share payments to
1023 teaching hospitals, as defined in s. 408.07, for their increased
1024 costs associated with medical education programs and for
1025 tertiary health care services provided to the indigent. This
1026 system of payments must conform to federal requirements and
1027 distribute funds in each fiscal year for which an appropriation
1028 is made by making quarterly Medicaid payments. Notwithstanding
1029 s. 409.915, counties are exempt from contributing toward the
1030 cost of this special reimbursement for hospitals serving a
1031 disproportionate share of low-income patients. The agency shall
1032 distribute the moneys provided in the General Appropriations Act
1033 to statutorily defined teaching hospitals and family practice
1034 teaching hospitals, as defined in s. 395.805, pursuant to this
1035 section. The funds provided for statutorily defined teaching
1036 hospitals shall be distributed as provided in the General
1037 Appropriations Act. The funds provided for family practice
1038 teaching hospitals shall be distributed equally among family
1039 practice teaching hospitals.
1040 (3) Notwithstanding any provision of this section to the
1041 contrary, for the 2020-2021 2019-2020 state fiscal year, the
1042 agency shall make disproportionate share payments to teaching
1043 hospitals, as defined in s. 408.07, as provided in the 2020-2021
1044 2019-2020 General Appropriations Act. This subsection expires
1045 July 1, 2021 2020.
1046 Section 25. In order to implement Specific Appropriation
1047 208 of the 2020-2021 General Appropriations Act, subsection (4)
1048 of section 409.9119, Florida Statutes, is amended to read:
1049 409.9119 Disproportionate share program for specialty
1050 hospitals for children.—In addition to the payments made under
1051 s. 409.911, the Agency for Health Care Administration shall
1052 develop and implement a system under which disproportionate
1053 share payments are made to those hospitals that are separately
1054 licensed by the state as specialty hospitals for children, have
1055 a federal Centers for Medicare and Medicaid Services
1056 certification number in the 3300-3399 range, have Medicaid days
1057 that exceed 55 percent of their total days and Medicare days
1058 that are less than 5 percent of their total days, and were
1059 licensed on January 1, 2013, as specialty hospitals for
1060 children. This system of payments must conform to federal
1061 requirements and must distribute funds in each fiscal year for
1062 which an appropriation is made by making quarterly Medicaid
1063 payments. Notwithstanding s. 409.915, counties are exempt from
1064 contributing toward the cost of this special reimbursement for
1065 hospitals that serve a disproportionate share of low-income
1066 patients. The agency may make disproportionate share payments to
1067 specialty hospitals for children as provided for in the General
1068 Appropriations Act.
1069 (4) Notwithstanding any provision of this section to the
1070 contrary, for the 2020-2021 2019-2020 state fiscal year, for
1071 hospitals achieving full compliance under subsection (3), the
1072 agency shall make disproportionate share payments to specialty
1073 hospitals for children as provided in the 2020-2021 2019-2020
1074 General Appropriations Act. This subsection expires July 1, 2021
1075 2020.
1076 Section 26. In order to implement Specific Appropriations
1077 201 through 228 of the 2020-2021 General Appropriations Act, and
1078 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1079 Agency for Health Care Administration may submit a budget
1080 amendment, subject to the notice, review, and objection
1081 procedures of s. 216.177, Florida Statutes, to realign funding
1082 within the Medicaid program appropriation categories to address
1083 projected surpluses and deficits within the program and to
1084 maximize the use of state trust funds. A single budget amendment
1085 shall be submitted in the last quarter of the 2020-2021 fiscal
1086 year only. This section expires July 1, 2021.
1087 Section 27. In order to implement Specific Appropriation
1088 406 of the 2020-2021 General Appropriations Act, and subject to
1089 federal approval of the application to be a site for the Program
1090 of All-Inclusive Care for the Elderly, the Agency for Health
1091 Care Administration shall contract with one private health care
1092 organization, the sole member of which is a private, not-for
1093 profit corporation that owns and manages health care
1094 organizations that provide comprehensive long-term care
1095 services, including nursing home, assisted living, independent
1096 housing, home care, adult day care, and care management. This
1097 organization shall provide these services to frail and elderly
1098 persons who reside in Escambia, Okaloosa, and Santa Rosa
1099 Counties. The organization is exempt from the requirements of
1100 chapter 641, Florida Statutes. The agency, in consultation with
1101 the Department of Elderly Affairs and subject to an
1102 appropriation, shall approve up to 200 initial enrollees in the
1103 Program of All-Inclusive Care for the Elderly established by
1104 this organization to serve elderly persons who reside in
1105 Escambia, Okaloosa, and Santa Rosa Counties. This section
1106 expires July 1, 2021.
1107 Section 28. In order to implement Specific Appropriations
1108 181 through 186 and 526 of the 2020-2021 General Appropriations
1109 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1110 Statutes, the Agency for Health Care Administration and the
1111 Department of Health may each submit a budget amendment, subject
1112 to the notice, review, and objection procedures of s. 216.177,
1113 Florida Statutes, to realign funding within the Florida Kidcare
1114 program appropriation categories, or to increase budget
1115 authority in the Children’s Medical Services Network category,
1116 to address projected surpluses and deficits within the program
1117 or to maximize the use of state trust funds. A single budget
1118 amendment must be submitted by each agency in the last quarter
1119 of the 2020-2021 fiscal year only. This section expires July 1,
1120 2021.
1121 Section 29. In order to implement Specific Appropriations
1122 468 through 470, 475, and 482 of the 2020-2021 General
1123 Appropriations Act, subsection (17) of section 381.986, Florida
1124 Statutes, is amended to read:
1125 381.986 Medical use of marijuana.—
1126 (17) Rules adopted pursuant to this section before July 1,
1127 2021 2020, are not subject to ss. 120.54(3)(b) and 120.541.
1128 Notwithstanding paragraph (8)(e), a medical marijuana treatment
1129 center may use a laboratory that has not been certified by the
1130 department under s. 381.988 until such time as at least one
1131 laboratory holds the required certification pursuant to s.
1132 381.988, but in no event later than July 1, 2021 2020. This
1133 subsection expires July 1, 2021 2020.
1134 Section 30. In order to implement Specific Appropriations
1135 468 through 470, 475, and 482 of the 2020-2021 General
1136 Appropriations Act, subsection (11) of section 381.988, Florida
1137 Statutes, is amended to read:
1138 381.988 Medical marijuana testing laboratories; marijuana
1139 tests conducted by a certified laboratory.—
1140 (11) Rules adopted under subsection (9) before July 1, 2021
1141 2020, are not subject to ss. 120.54(3)(b) and 120.541. This
1142 subsection expires July 1, 2021 2020.
1143 Section 31. Effective July 1, 2020, upon the expiration and
1144 reversion of the amendments made to subsection (1) of section 14
1145 of chapter 2017-232, Laws of Florida, pursuant to section 42 of
1146 chapter 2019-116, Laws of Florida, and in order to implement
1147 Specific Appropriations 468 through 470, 475, and 482 of the
1148 2020-2021 General Appropriations Act, subsection (1) of section
1149 14 of chapter 2017-232, Laws of Florida, is amended to read:
1150 Section 14. Department of Health; authority to adopt rules;
1151 cause of action.—
1152 (1) EMERGENCY RULEMAKING.—
1153 (a) The Department of Health and the applicable boards
1154 shall adopt emergency rules pursuant to s. 120.54(4), Florida
1155 Statutes, and this section necessary to implement ss. 381.986
1156 and 381.988, Florida Statutes. If an emergency rule adopted
1157 under this section is held to be unconstitutional or an invalid
1158 exercise of delegated legislative authority, and becomes void,
1159 the department or the applicable boards may adopt an emergency
1160 rule pursuant to this section to replace the rule that has
1161 become void. If the emergency rule adopted to replace the void
1162 emergency rule is also held to be unconstitutional or an invalid
1163 exercise of delegated legislative authority and becomes void,
1164 the department and the applicable boards must follow the
1165 nonemergency rulemaking procedures of the Administrative
1166 Procedures Act to replace the rule that has become void.
1167 (b) For emergency rules adopted under this section, the
1168 department and the applicable boards need not make the findings
1169 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
1170 adopted under this section are exempt from ss. 120.54(3)(b) and
1171 120.541, Florida Statutes. The department and the applicable
1172 boards shall meet the procedural requirements in s. 120.54(4)(a)
1173 s. 120.54(a), Florida Statutes, if the department or the
1174 applicable boards have, before July 1, 2019 the effective date
1175 of this act, held any public workshops or hearings on the
1176 subject matter of the emergency rules adopted under this
1177 subsection. Challenges to emergency rules adopted under this
1178 subsection are subject to the time schedules provided in s.
1179 120.56(5), Florida Statutes.
1180 (c) Emergency rules adopted under this section are exempt
1181 from s. 120.54(4)(c), Florida Statutes, and shall remain in
1182 effect until replaced by rules adopted under the nonemergency
1183 rulemaking procedures of the Administrative Procedures Act.
1184 Rules adopted under the nonemergency rulemaking procedures of
1185 the Administrative Procedures Act to replace emergency rules
1186 adopted under this section are exempt from ss. 120.54(3)(b) and
1187 120.541, Florida Statutes. By July 1, 2021 January 1, 2018, the
1188 department and the applicable boards shall initiate nonemergency
1189 rulemaking pursuant to the Administrative Procedures Act to
1190 replace all emergency rules adopted under this section by
1191 publishing a notice of rule development in the Florida
1192 Administrative Register. Except as provided in paragraph (a),
1193 after July 1, 2021 January 1, 2018, the department and
1194 applicable boards may not adopt rules pursuant to the emergency
1195 rulemaking procedures provided in this section.
1196 Section 32. The amendment to s. 14(1) of chapter 2017-232,
1197 Laws of Florida, by this act expires July 1, 2021, and the text
1198 of that subsection shall revert to that in existence on June 30,
1199 2019, except that any amendments to such text enacted other than
1200 by this act shall be preserved and continue to operate to the
1201 extent that such amendments are not dependent upon the portions
1202 of text which expire pursuant to this section.
1203 Section 33. In order to implement Specific Appropriation
1204 195 of the 2020-2021 General Appropriations Act, and
1205 notwithstanding s. 409.902(3)-(8), Florida Statutes:
1206 (1) The Agency for Health Care Administration shall replace
1207 the Medicaid Enterprise System (MES), which includes the Florida
1208 Medicaid Management Information System (FMMIS), enrollment
1209 broker system, third-party liability functionality, pharmacy
1210 benefits management, fraud and abuse case tracking, prior
1211 authorization, home health electronic visit verification, and
1212 the Health Quality Assurance licensure system, with an
1213 integrated enterprise system consisting of a new integration
1214 platform, data warehouse, and modules for Provider Management,
1215 Case Management, and Recipient Enrollment and Management. The
1216 new system, the Florida Health Care Connection (FX) system, must
1217 provide better integration with subsystems supporting Florida’s
1218 Medicaid program; uniformity, consistency, and improved access
1219 to data; and compatibility with the Centers for Medicare and
1220 Medicaid Services’ Medicaid Information Technology Architecture
1221 (MITA) as the system matures and expands its functionality.
1222 (2) For purposes of replacing MES, the Agency for Health
1223 Care Administration shall:
1224 (a) Comply with and not exceed the Centers for Medicare and
1225 Medicaid Services funding authorizations for the FX system.
1226 (b) Ensure compliance and uniformity with published MITA
1227 framework and guidelines.
1228 (c) Ensure that all business requirements and technical
1229 specifications have been provided to the state’s health and
1230 human services agencies for their review and input, and are
1231 approved by the executive steering committee established in
1232 paragraph (e), before the agency contracts for implementation or
1233 system development of new modules for the FX system.
1234 (d) Ensure the new FX system is compatible with and will
1235 seamlessly integrate financial and fiscal information into the
1236 state’s new planning, accounting, and ledger management system,
1237 PALM.
1238 (e) Implement a project governance structure that includes
1239 an executive steering committee composed of:
1240 1. The Secretary of Health Care Administration, or the
1241 executive sponsor of the project.
1242 2. A representative of the Division of Health Quality
1243 Assurance of the Agency for Health Care Administration,
1244 appointed by the Secretary of Health Care Administration.
1245 3. A representative of the Florida Center for Health
1246 Information and Transparency of the Agency for Health Care
1247 Administration, appointed by the Secretary of Health Care
1248 Administration.
1249 4. A representative of the Division of Information
1250 Technology of the Agency for Health Care Administration,
1251 appointed by the Secretary of Health Care Administration.
1252 5. A representative of the Division of Operations of the
1253 Agency for Health Care Administration, appointed by the
1254 Secretary of Health Care Administration.
1255 6. Two employees from the Division of Medicaid of the
1256 Agency for Health Care Administration, appointed by the
1257 Secretary of Health Care Administration.
1258 7. The Assistant Secretary for Child Welfare of the
1259 Department of Children and Families, or his or her designee.
1260 8. The Assistant Secretary for Economic Self-Sufficiency of
1261 the Department of Children and Families, or his or her designee.
1262 9. The Deputy Secretary for Children’s Medical Services of
1263 the Department of Health, or his or her designee.
1264 10. A representative of the Agency for Persons with
1265 Disabilities who has experience with the preparation and
1266 submission of waivers to the Centers for Medicare and Medicaid
1267 Services, appointed by the director of the Agency for Persons
1268 with Disabilities.
1269 11. A representative for the Department of Elderly Affairs
1270 who has experience with the Medicaid Program within that
1271 department, appointed by the Secretary of Elderly Affairs.
1272 12. A representative for the Department of Corrections who
1273 has experience Medicaid reporting within that department,
1274 appointed by the Secretary of Corrections.
1275 13. A representative for the Medicaid Fraud Control Unit
1276 within the Office of the Attorney General, appointed by the
1277 Attorney General.
1278 14. A representative of the Department of Financial
1279 Services who has experience with the state’s financial processes
1280 including development of the PALM system, appointed by the Chief
1281 Financial Officer.
1282 (3) The Secretary of Health Care Administration or the
1283 executive sponsor of the project shall serve as chair of the
1284 executive steering committee, and the committee shall take
1285 action by a vote of at least 10 affirmative votes with the chair
1286 voting on the prevailing side. A quorum of the executive
1287 steering committee consists of at least 11 members.
1288 (4) The executive steering committee has the overall
1289 responsibility for ensuring that the project to replace MES
1290 meets its primary business objectives and shall:
1291 (a) Identify and recommend to the Executive Office of the
1292 Governor, the President of the Senate, and the Speaker of the
1293 House of Representatives any statutory changes needed to
1294 standardize the data collection and reporting for the state’s
1295 Medicaid program.
1296 (b) Review and approve any changes to the project’s scope,
1297 schedule, and budget which do not conflict with the requirements
1298 of subsection (1).
1299 (c) Ensure that adequate resources are provided throughout
1300 all phases of the project.
1301 (d) Approve all major project deliverables.
1302 (e) Approve all solicitation-related documents associated
1303 with the replacement of MES.
1304 (5) This section expires July 1, 2021.
1305 Section 34. In order to implement Specific Appropriations
1306 330, 332, 361, and 362 of the 2020-2021 General Appropriations
1307 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1308 Statutes, the Department of Children and Families may submit a
1309 budget amendment, subject to the notice, review, and objection
1310 procedures of s. 216.177, Florida Statutes, to realign funding
1311 within the department based on the implementation of the
1312 Guardianship Assistance Program, between and among the specific
1313 appropriations for guardianship assistance payments, foster care
1314 Level 1 room and board payments, relative caregiver payments,
1315 and nonrelative caregiver payments. This section expires July 1,
1316 2021.
1317 Section 35. In order to implement Specific Appropriations
1318 330 and 332 of the 2020-2021 General Appropriations Act, the
1319 Department of Children and Families shall establish a formula to
1320 distribute the recurring sums of $10,597,824 from the General
1321 Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
1322 for actual and direct costs to implement the Guardianship
1323 Assistance Program, including Level 1 foster care board
1324 payments, licensing staff for community-based care lead
1325 agencies, and guardianship assistance payments. This section
1326 expires July 1, 2021.
1327 Section 36. In order to implement Specific Appropriations
1328 554 through 560 and 562 of the 2020-2021 General Appropriations
1329 Act, subsection (3) of section 296.37, Florida Statutes, is
1330 amended to read:
1331 296.37 Residents; contribution to support.—
1332 (3) Notwithstanding subsection (1), each resident of the
1333 home who receives a pension, compensation, or gratuity from the
1334 United States Government, or income from any other source, of
1335 more than $130 per month shall contribute to his or her
1336 maintenance and support while a resident of the home in
1337 accordance with a payment schedule determined by the
1338 administrator and approved by the director. The total amount of
1339 such contributions shall be to the fullest extent possible, but,
1340 in no case, shall exceed the actual cost of operating and
1341 maintaining the home. This subsection expires July 1, 2021 2020.
1342 Section 37. In order to implement Specific Appropriations
1343 353 and 354 of the 2020-2021 General Appropriations Act, and
1344 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1345 Department of Children and Families may submit a budget
1346 amendment, subject to the notice, review, and objection
1347 procedures of s. 216.177, Florida Statutes, to increase budget
1348 authority for the Supplemental Nutrition Assistance Program if
1349 additional federal revenue specific to the program becomes
1350 available for the program in the 2020-2021 fiscal year. This
1351 section expires July 1, 2021.
1352 Section 38. In order to implement Specific Appropriations
1353 312 through 315, 319, 320, 323, 328, 330, and 332 of the 2020
1354 2021 General Appropriations Act, and notwithstanding ss. 216.181
1355 and 216.292, Florida Statutes, the Department of Children and
1356 Families may submit a budget amendment, subject to the notice,
1357 review, and objection procedures of s. 216.177, Florida
1358 Statutes, to realign funding within the Family Safety Program to
1359 maximize the use of Title IV-E and other federal funds. This
1360 section expires July 1, 2021.
1361 Section 39. In order to implement Specific Appropriations
1362 582 through 673 and 685 through 720 of the 2020-2021 General
1363 Appropriations Act, subsection (4) of section 216.262, Florida
1364 Statutes, is amended to read:
1365 216.262 Authorized positions.—
1366 (4) Notwithstanding the provisions of this chapter relating
1367 to increasing the number of authorized positions, and for the
1368 2020-2021 2019-2020 fiscal year only, if the actual inmate
1369 population of the Department of Corrections exceeds the inmate
1370 population projections of the December 17, 2019 February 22,
1371 2019, Criminal Justice Estimating Conference by 1 percent for 2
1372 consecutive months or 2 percent for any month, the Executive
1373 Office of the Governor, with the approval of the Legislative
1374 Budget Commission, shall immediately notify the Criminal Justice
1375 Estimating Conference, which shall convene as soon as possible
1376 to revise the estimates. The Department of Corrections may then
1377 submit a budget amendment requesting the establishment of
1378 positions in excess of the number authorized by the Legislature
1379 and additional appropriations from unallocated general revenue
1380 sufficient to provide for essential staff, fixed capital
1381 improvements, and other resources to provide classification,
1382 security, food services, health services, and other variable
1383 expenses within the institutions to accommodate the estimated
1384 increase in the inmate population. All actions taken pursuant to
1385 this subsection are subject to review and approval by the
1386 Legislative Budget Commission. This subsection expires July 1,
1387 2021 2020.
1388 Section 40. In order to implement Specific Appropriation
1389 707 of the 2020-2021 General Appropriations Act, and upon the
1390 expiration and reversion of the amendments made by section 52 of
1391 chapter 2019-116, Laws of Florida, paragraph (b) of subsection
1392 (8) of section 1011.80, Florida Statutes, is amended to read:
1393 1011.80 Funds for operation of workforce education
1394 programs.—
1395 (8)
1396 (b) State funds provided for the operation of postsecondary
1397 workforce programs may not be expended for the education of
1398 state or federal inmates, except to the extent that such funds
1399 are specifically appropriated for such purpose in the 2020-2021
1400 General Appropriations Act with more than 24 months of time
1401 remaining to serve on their sentences or federal inmates.
1402 Section 41. The amendment made to s. 1011.80(8)(b), Florida
1403 Statutes, by this act expires July 1, 2021, and the text of that
1404 paragraph shall revert to that in existence on July 1, 2019, but
1405 not including any amendments made by this act or chapters 2019
1406 116 and 2018-10, Laws of Florida, and any amendments to such
1407 text enacted other than by this act shall be preserved and
1408 continue to operate to the extent that such amendments are not
1409 dependent upon the portions of text which expire pursuant to
1410 this section.
1411 Section 42. In order to implement Specific Appropriations
1412 3187 through 3253 of the 2020-2021 General Appropriations Act,
1413 subsection (2) of section 215.18, Florida Statutes, is amended
1414 to read:
1415 215.18 Transfers between funds; limitation.—
1416 (2) The Chief Justice of the Supreme Court may receive one
1417 or more trust fund loans to ensure that the state court system
1418 has funds sufficient to meet its appropriations in the 2020-2021
1419 2019-2020 General Appropriations Act. If the Chief Justice
1420 accesses the loan, he or she must notify the Governor and the
1421 chairs of the legislative appropriations committees in writing.
1422 The loan must come from other funds in the State Treasury which
1423 are for the time being or otherwise in excess of the amounts
1424 necessary to meet the just requirements of such last-mentioned
1425 funds. The Governor shall order the transfer of funds within 5
1426 days after the written notification from the Chief Justice. If
1427 the Governor does not order the transfer, the Chief Financial
1428 Officer shall transfer the requested funds. The loan of funds
1429 from which any money is temporarily transferred must be repaid
1430 by the end of the 2020-2021 2019-2020 fiscal year. This
1431 subsection expires July 1, 2021 2020.
1432 Section 43. (1) In order to implement Specific
1433 Appropriations 1120 through 1131 of the 2020-2021 General
1434 Appropriations Act, the Department of Juvenile Justice is
1435 required to review county juvenile detention payments to ensure
1436 that counties fulfill their financial responsibilities required
1437 in s. 985.6865, Florida Statutes. If the Department of Juvenile
1438 Justice determines that a county has not met its obligations,
1439 the department shall direct the Department of Revenue to deduct
1440 the amount owed to the Department of Juvenile Justice from the
1441 funds provided to the county under s. 218.23, Florida Statutes.
1442 The Department of Revenue shall transfer the funds withheld to
1443 the Shared County/State Juvenile Detention Trust Fund.
1444 (2) As an assurance to holders of bonds issued by counties
1445 before July 1, 2020, for which distributions made pursuant to s.
1446 218.23, Florida Statutes, are pledged, or bonds issued to refund
1447 such bonds which mature no later than the bonds they refunded
1448 and which result in a reduction of debt service payable in each
1449 fiscal year, the amount available for distribution to a county
1450 shall remain as provided by law and continue to be subject to
1451 any lien or claim on behalf of the bondholders. The Department
1452 of Revenue must ensure, based on information provided by an
1453 affected county, that any reduction in amounts distributed
1454 pursuant to subsection (1) does not reduce the amount of
1455 distribution to a county below the amount necessary for the
1456 timely payment of principal and interest when due on the bonds
1457 and the amount necessary to comply with any covenant under the
1458 bond resolution or other documents relating to the issuance of
1459 the bonds. If a reduction to a county’s monthly distribution
1460 must be decreased in order to comply with this section, the
1461 Department of Revenue must notify the Department of Juvenile
1462 Justice of the amount of the decrease, and the Department of
1463 Juvenile Justice must send a bill for payment of such amount to
1464 the affected county.
1465 (3) This section expires July 1, 2021.
1466 Section 44. In order to implement Specific Appropriations
1467 731 through 752, 916 through 1062, and 1083 through 1119 of the
1468 2020-2021 General Appropriations Act, and notwithstanding the
1469 expiration date in section 57 of chapter 2019-116, Laws of
1470 Florida, present subsection (11) of section 27.40, Florida
1471 Statutes is renumbered as subsection (12), a new subsection (11)
1472 is added to that section, and subsection (1), paragraph (a) of
1473 subsection (2), paragraph (a) of subsection (3), and subsections
1474 (5), (6), and (7) of that section are reenacted, to read:
1475 27.40 Court-appointed counsel; circuit registries; minimum
1476 requirements; appointment by court.—
1477 (1) Counsel shall be appointed to represent any individual
1478 in a criminal or civil proceeding entitled to court-appointed
1479 counsel under the Federal or State Constitution or as authorized
1480 by general law. The court shall appoint a public defender to
1481 represent indigent persons as authorized in s. 27.51. The office
1482 of criminal conflict and civil regional counsel shall be
1483 appointed to represent persons in those cases in which provision
1484 is made for court-appointed counsel, but only after the public
1485 defender has certified to the court in writing that the public
1486 defender is unable to provide representation due to a conflict
1487 of interest or is not authorized to provide representation. The
1488 public defender shall report, in the aggregate, the specific
1489 basis of all conflicts of interest certified to the court. On a
1490 quarterly basis, the public defender shall submit this
1491 information to the Justice Administrative Commission.
1492 (2)(a) Private counsel shall be appointed to represent
1493 persons in those cases in which provision is made for court
1494 appointed counsel but only after the office of criminal conflict
1495 and civil regional counsel has been appointed and has certified
1496 to the court in writing that the criminal conflict and civil
1497 regional counsel is unable to provide representation due to a
1498 conflict of interest. The criminal conflict and civil regional
1499 counsel shall report, in the aggregate, the specific basis of
1500 all conflicts of interest certified to the court. On a quarterly
1501 basis, the criminal conflict and civil regional counsel shall
1502 submit this information to the Justice Administrative
1503 Commission.
1504 (3) In using a registry:
1505 (a) The chief judge of the circuit shall compile a list of
1506 attorneys in private practice, by county and by category of
1507 cases, and provide the list to the clerk of court in each
1508 county. The chief judge of the circuit may restrict the number
1509 of attorneys on the general registry list. To be included on a
1510 registry, an attorney must certify that he or she:
1511 1. Meets any minimum requirements established by the chief
1512 judge and by general law for court appointment;
1513 2. Is available to represent indigent defendants in cases
1514 requiring court appointment of private counsel; and
1515 3. Is willing to abide by the terms of the contract for
1516 services, s. 27.5304, and this section.
1517
1518 To be included on a registry, an attorney must enter into a
1519 contract for services with the Justice Administrative
1520 Commission. Failure to comply with the terms of the contract for
1521 services may result in termination of the contract and removal
1522 from the registry. Each attorney on the registry is responsible
1523 for notifying the clerk of the court and the Justice
1524 Administrative Commission of any change in his or her status.
1525 Failure to comply with this requirement is cause for termination
1526 of the contract for services and removal from the registry until
1527 the requirement is fulfilled.
1528 (5) The Justice Administrative Commission shall approve
1529 uniform contract forms for use in procuring the services of
1530 private court-appointed counsel and uniform procedures and forms
1531 for use by a court-appointed attorney in support of billing for
1532 attorney’s fees, costs, and related expenses to demonstrate the
1533 attorney’s completion of specified duties. Such uniform
1534 contracts and forms for use in billing must be consistent with
1535 s. 27.5304, s. 216.311, and the General Appropriations Act and
1536 must contain the following statement: “The State of Florida’s
1537 performance and obligation to pay under this contract is
1538 contingent upon an annual appropriation by the Legislature.”
1539 (6) After court appointment, the attorney must immediately
1540 file a notice of appearance with the court indicating acceptance
1541 of the appointment to represent the defendant and of the terms
1542 of the uniform contract as specified in subsection (5).
1543 (7)(a) A private attorney appointed by the court from the
1544 registry to represent a client is entitled to payment as
1545 provided in s. 27.5304 so long as the requirements of subsection
1546 (1) and paragraph (2)(a) are met. An attorney appointed by the
1547 court who is not on the registry list may be compensated under
1548 s. 27.5304 only if the court finds in the order of appointment
1549 that there were no registry attorneys available for
1550 representation for that case and only if the requirements of
1551 subsection (1) and paragraph (2)(a) are met.
1552 (b)1. The flat fee established in s. 27.5304 and the
1553 General Appropriations Act shall be presumed by the court to be
1554 sufficient compensation. The attorney shall maintain appropriate
1555 documentation, including contemporaneous and detailed hourly
1556 accounting of time spent representing the client. If the
1557 attorney fails to maintain such contemporaneous and detailed
1558 hourly records, the attorney waives the right to seek
1559 compensation in excess of the flat fee established in s. 27.5304
1560 and the General Appropriations Act. These records and documents
1561 are subject to review by the Justice Administrative Commission
1562 and audit by the Auditor General, subject to the attorney-client
1563 privilege and work-product privilege. The attorney shall
1564 maintain the records and documents in a manner that enables the
1565 attorney to redact any information subject to a privilege in
1566 order to facilitate the commission’s review of the records and
1567 documents and not to impede such review. The attorney may redact
1568 information from the records and documents only to the extent
1569 necessary to comply with the privilege. The Justice
1570 Administrative Commission shall review such records and shall
1571 contemporaneously document such review before authorizing
1572 payment to an attorney. Objections by or on behalf of the
1573 Justice Administrative Commission to records or documents or to
1574 claims for payment by the attorney shall be presumed correct by
1575 the court unless the court determines, in writing, that
1576 competent and substantial evidence exists to justify overcoming
1577 the presumption.
1578 2. If an attorney fails, refuses, or declines to permit the
1579 commission or the Auditor General to review documentation for a
1580 case as provided in this paragraph, the attorney waives the
1581 right to seek, and the commission may not pay, compensation in
1582 excess of the flat fee established in s. 27.5304 and the General
1583 Appropriations Act for that case.
1584 3. A finding by the commission that an attorney has waived
1585 the right to seek compensation in excess of the flat fee
1586 established in s. 27.5304 and the General Appropriations Act, as
1587 provided in this paragraph, shall be presumed to be correct,
1588 unless the court determines, in writing, that competent and
1589 substantial evidence exists to justify overcoming the
1590 presumption.
1591 (11)(a) The Cross-Jurisdictional Death Penalty Pilot
1592 Program is established within the Office of Criminal Conflict
1593 and Civil Regional Counsel of the Second Appellate District.
1594 (b) If the public defender for the Fifth Judicial Circuit
1595 or the Ninth Judicial Circuit is unable to provide
1596 representation to an indigent defendant charged with a crime
1597 under s. 782.04(1) or s. 790.161(4) to which the provisions of
1598 s. 921.141 apply due to a conflict of interest and the Criminal
1599 Conflict and Civil Regional Counsel of the Fifth Appellate
1600 District is also unable to provide representation for an
1601 indigent defendant due to a conflict of interest, the Criminal
1602 Conflict and Civil Regional Counsel of the Second Appellate
1603 District shall be appointed. If the Criminal Conflict and Civil
1604 Regional Counsel of the Second Appellate District is unable to
1605 provide representation to an indigent defendant due to a
1606 conflict of interest, private counsel shall be appointed as
1607 provided pursuant to this chapter.
1608 (c) The Office of Criminal Conflict and Civil Regional
1609 Counsel of the Second Appellate District shall provide a report
1610 on the implementation of the Cross-Jurisdictional Death Penalty
1611 Pilot Program to the Governor and the chairs of the
1612 appropriations committees of the Senate and House of
1613 Representatives no later than 30 days after the end of each
1614 calendar quarter. The reports must include the number of cases
1615 retained, the number of cases conflicted, the estimated cost
1616 savings of the program, and any recommendations to improve the
1617 program. The Justice Administrative Commission shall provide
1618 data to assist with the program.
1619 (d) This subsection expires June 30, 2021. Notwithstanding
1620 the expiration of this subsection, appointments made pursuant to
1621 this section before June 30, 2021, shall continue until
1622 completion of the case.
1623 Section 45. In order to implement Specific Appropriations
1624 731 through 752, 916 through 1062, and 1083 through 1119 of the
1625 2020-2021 General Appropriations Act, and notwithstanding the
1626 expiration date in section 59 of chapter 2019-116, Laws of
1627 Florida, subsections (1), (3), (7), and (11), and paragraphs (a)
1628 through (e) of subsection (12) of section 27.5304, Florida
1629 Statutes, are reenacted, and subsection (13) of that section is
1630 amended, to read:
1631 27.5304 Private court-appointed counsel; compensation;
1632 notice.—
1633 (1) Private court-appointed counsel appointed in the manner
1634 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1635 Justice Administrative Commission only as provided in this
1636 section and the General Appropriations Act. The flat fees
1637 prescribed in this section are limitations on compensation. The
1638 specific flat fee amounts for compensation shall be established
1639 annually in the General Appropriations Act. The attorney also
1640 shall be reimbursed for reasonable and necessary expenses in
1641 accordance with s. 29.007. If the attorney is representing a
1642 defendant charged with more than one offense in the same case,
1643 the attorney shall be compensated at the rate provided for the
1644 most serious offense for which he or she represented the
1645 defendant. This section does not allow stacking of the fee
1646 limits established by this section.
1647 (3) The court retains primary authority and responsibility
1648 for determining the reasonableness of all billings for attorney
1649 fees, costs, and related expenses, subject to statutory
1650 limitations and the requirements of s. 27.40(7). Private court
1651 appointed counsel is entitled to compensation upon final
1652 disposition of a case.
1653 (7) Counsel eligible to receive compensation from the state
1654 for representation pursuant to court appointment made in
1655 accordance with the requirements of s. 27.40(1) and (2)(a) in a
1656 proceeding under chapter 384, chapter 390, chapter 392, chapter
1657 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
1658 744, or chapter 984 shall receive compensation not to exceed the
1659 limits prescribed in the General Appropriations Act. Any such
1660 compensation must be determined as provided in s. 27.40(7).
1661 (11) It is the intent of the Legislature that the flat fees
1662 prescribed under this section and the General Appropriations Act
1663 comprise the full and complete compensation for private court
1664 appointed counsel. It is further the intent of the Legislature
1665 that the fees in this section are prescribed for the purpose of
1666 providing counsel with notice of the limit on the amount of
1667 compensation for representation in particular proceedings and
1668 the sole procedure and requirements for obtaining payment for
1669 the same.
1670 (a) If court-appointed counsel moves to withdraw prior to
1671 the full performance of his or her duties through the completion
1672 of the case, the court shall presume that the attorney is not
1673 entitled to the payment of the full flat fee established under
1674 this section and the General Appropriations Act.
1675 (b) If court-appointed counsel is allowed to withdraw from
1676 representation prior to the full performance of his or her
1677 duties through the completion of the case and the court appoints
1678 a subsequent attorney, the total compensation for the initial
1679 and any and all subsequent attorneys may not exceed the flat fee
1680 established under this section and the General Appropriations
1681 Act, except as provided in subsection (12).
1682
1683 This subsection constitutes notice to any subsequently appointed
1684 attorney that he or she will not be compensated the full flat
1685 fee.
1686 (12) The Legislature recognizes that on rare occasions an
1687 attorney may receive a case that requires extraordinary and
1688 unusual effort.
1689 (a) If counsel seeks compensation that exceeds the limits
1690 prescribed by law, he or she must file a motion with the chief
1691 judge for an order approving payment of attorney fees in excess
1692 of these limits.
1693 1. Before filing the motion, the counsel shall deliver a
1694 copy of the intended billing, together with supporting
1695 affidavits and all other necessary documentation, to the Justice
1696 Administrative Commission.
1697 2. The Justice Administrative Commission shall review the
1698 billings, affidavit, and documentation for completeness and
1699 compliance with contractual and statutory requirements and shall
1700 contemporaneously document such review before authorizing
1701 payment to an attorney. If the Justice Administrative Commission
1702 objects to any portion of the proposed billing, the objection
1703 and supporting reasons must be communicated in writing to the
1704 private court-appointed counsel. The counsel may thereafter file
1705 his or her motion, which must specify whether the commission
1706 objects to any portion of the billing or the sufficiency of
1707 documentation, and shall attach the commission’s letter stating
1708 its objection.
1709 (b) Following receipt of the motion to exceed the fee
1710 limits, the chief judge or a single designee shall hold an
1711 evidentiary hearing. The chief judge may select only one judge
1712 per circuit to hear and determine motions pursuant to this
1713 subsection, except multicounty circuits and the eleventh circuit
1714 may have up to two designees.
1715 1. At the hearing, the attorney seeking compensation must
1716 prove by competent and substantial evidence that the case
1717 required extraordinary and unusual efforts. The chief judge or
1718 single designee shall consider criteria such as the number of
1719 witnesses, the complexity of the factual and legal issues, and
1720 the length of trial. The fact that a trial was conducted in a
1721 case does not, by itself, constitute competent substantial
1722 evidence of an extraordinary and unusual effort. In a criminal
1723 case, relief under this section may not be granted if the number
1724 of work hours does not exceed 75 or the number of the state’s
1725 witnesses deposed does not exceed 20.
1726 2. Objections by or on behalf of the Justice Administrative
1727 Commission to records or documents or to claims for payment by
1728 the attorney shall be presumed correct by the court unless the
1729 court determines, in writing, that competent and substantial
1730 evidence exists to justify overcoming the presumption. The chief
1731 judge or single designee shall enter a written order detailing
1732 his or her findings and identifying the extraordinary nature of
1733 the time and efforts of the attorney in the case which warrant
1734 exceeding the flat fee established by this section and the
1735 General Appropriations Act.
1736 (c) A copy of the motion and attachments shall be served on
1737 the Justice Administrative Commission at least 20 business days
1738 before the date of a hearing. The Justice Administrative
1739 Commission has standing to appear before the court, and may
1740 appear in person or telephonically, including at the hearing
1741 under paragraph (b), to contest any motion for an order
1742 approving payment of attorney fees, costs, or related expenses
1743 and may participate in a hearing on the motion by use of
1744 telephonic or other communication equipment. The Justice
1745 Administrative Commission may contract with other public or
1746 private entities or individuals to appear before the court for
1747 the purpose of contesting any motion for an order approving
1748 payment of attorney fees, costs, or related expenses. The fact
1749 that the Justice Administrative Commission has not objected to
1750 any portion of the billing or to the sufficiency of the
1751 documentation is not binding on the court.
1752 (d) If the chief judge or a single designee finds that
1753 counsel has proved by competent and substantial evidence that
1754 the case required extraordinary and unusual efforts, the chief
1755 judge or single designee shall order the compensation to be paid
1756 to the attorney at a percentage above the flat fee rate,
1757 depending on the extent of the unusual and extraordinary effort
1758 required. The percentage must be only the rate necessary to
1759 ensure that the fees paid are not confiscatory under common law.
1760 The percentage may not exceed 200 percent of the established
1761 flat fee, absent a specific finding that 200 percent of the flat
1762 fee in the case would be confiscatory. If the chief judge or
1763 single designee determines that 200 percent of the flat fee
1764 would be confiscatory, he or she shall order the amount of
1765 compensation using an hourly rate not to exceed $75 per hour for
1766 a noncapital case and $100 per hour for a capital case. However,
1767 the compensation calculated by using the hourly rate shall be
1768 only that amount necessary to ensure that the total fees paid
1769 are not confiscatory, subject to the requirements of s.
1770 27.40(7).
1771 (e) Any order granting relief under this subsection must be
1772 attached to the final request for a payment submitted to the
1773 Justice Administrative Commission and must satisfy the
1774 requirements of subparagraph (b)2.
1775 (13) Notwithstanding the limitation set forth in subsection
1776 (5) and for the 2020-2021 2019-2020 fiscal year only, the
1777 compensation for representation in a criminal proceeding may not
1778 exceed the following:
1779 (a) For misdemeanors and juveniles represented at the trial
1780 level: $1,000.
1781 (b) For noncapital, nonlife felonies represented at the
1782 trial level: $15,000.
1783 (c) For life felonies represented at the trial level:
1784 $15,000.
1785 (d) For capital cases represented at the trial level:
1786 $25,000. For purposes of this paragraph, a “capital case” is any
1787 offense for which the potential sentence is death and the state
1788 has not waived seeking the death penalty.
1789 (e) For representation on appeal: $9,000.
1790 (f) This subsection expires July 1, 2021 2020.
1791 Section 46. The amendments to s. 27.40(1), (2)(a), (3)(a),
1792 (5), (6), and (7), Florida Statutes, and 27.5304(1), (3), (7),
1793 (11), and (12)(a)-(e), Florida Statutes, as carried forward from
1794 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1795 2021, and the text of those subsections and paragraphs, as
1796 applicable, shall revert to that in existence on June 30, 2019,
1797 except that any amendments to such text enacted other than by
1798 this act shall be preserved and continue to operate to the
1799 extent that such amendments are not dependent upon the portions
1800 of text which expire pursuant to this section.
1801 Section 47. In order to implement Specific Appropriation
1802 736 of the 2020-2021 General Appropriations Act, and
1803 notwithstanding s. 28.35, Florida Statutes, the clerks of the
1804 circuit court are responsible for any costs of compensation to
1805 jurors, for meals or lodging provided to jurors, and for jury
1806 related personnel costs that exceed the funding provided in the
1807 General Appropriations Act for these purposes. This section
1808 expires July 1, 2021.
1809 Section 48. In order to implement Specific Appropriations
1810 916 through 1062 of the 2020-2021 General Appropriations Act,
1811 and notwithstanding the expiration date in section 63 of chapter
1812 2019-116, Laws of Florida, paragraph (c) of subsection (19) of
1813 section 318.18, Florida Statutes, is reenacted to read:
1814 318.18 Amount of penalties.—The penalties required for a
1815 noncriminal disposition pursuant to s. 318.14 or a criminal
1816 offense listed in s. 318.17 are as follows:
1817 (19) In addition to any penalties imposed, an Article V
1818 assessment of $10 must be paid for all noncriminal moving and
1819 nonmoving violations under chapters 316, 320, and 322. The
1820 assessment is not revenue for purposes of s. 28.36 and may not
1821 be used in establishing the budget of the clerk of the court
1822 under that section or s. 28.35. Of the funds collected under
1823 this subsection:
1824 (c) The sum of $1.67 shall be deposited in the Indigent
1825 Criminal Defense Trust Fund for use by the public defenders.
1826 Section 49. In order to implement Specific Appropriations
1827 916 through 1062 of the 2020-2021 General Appropriations Act,
1828 and notwithstanding the expiration date in section 63 of chapter
1829 2019-116, Laws of Florida, paragraph (b) of subsection (12) of
1830 section 817.568, Florida Statutes, is reenacted to read:
1831 817.568 Criminal use of personal identification
1832 information.—
1833 (12) In addition to any sanction imposed when a person
1834 pleads guilty or nolo contendere to, or is found guilty of,
1835 regardless of adjudication, a violation of this section, the
1836 court shall impose a surcharge of $1,001.
1837 (b) The sum of $250 of the surcharge shall be deposited
1838 into the State Attorneys Revenue Trust Fund for the purpose of
1839 funding prosecutions of offenses relating to the criminal use of
1840 personal identification information. The sum of $250 of the
1841 surcharge shall be deposited into the Indigent Criminal Defense
1842 Trust Fund for the purposes of indigent criminal defense related
1843 to the criminal use of personal identification information.
1844 Section 50. The text of ss. 318.18(19)(c) and
1845 817.568(12)(b), Florida Statutes, as carried forward from
1846 chapter 2018-10, Laws of Florida, by this act, expires July 1,
1847 2021, and the text of those paragraphs shall revert to that in
1848 existence on June 30, 2018, except that any amendments to such
1849 text enacted other than by this act shall be preserved and
1850 continue to operate to the extent that such amendments are not
1851 dependent upon the portions of text which expire pursuant to
1852 this section.
1853 Section 51. In order to implement appropriations used to
1854 pay existing lease contracts for private lease space in excess
1855 of 2,000 square feet in the 2020-2021 General Appropriations
1856 Act, the Department of Management Services, with the cooperation
1857 of the agencies having the existing lease contracts for office
1858 or storage space, shall use tenant broker services to
1859 renegotiate or reprocure all private lease agreements for office
1860 or storage space expiring between July 1, 2021, and June 30,
1861 2023, in order to reduce costs in future years. The department
1862 shall incorporate this initiative into its 2020 master leasing
1863 report required under s. 255.249(7), Florida Statutes, and may
1864 use tenant broker services to explore the possibilities of
1865 colocating office or storage space, to review the space needs of
1866 each agency, and to review the length and terms of potential
1867 renewals or renegotiations. The department shall provide a
1868 report to the Executive Office of the Governor, the President of
1869 the Senate, and the Speaker of the House of Representatives by
1870 November 1, 2020, which lists each lease contract for private
1871 office or storage space, the status of renegotiations, and the
1872 savings achieved. This section expires July 1, 2021.
1873 Section 52. In order to implement appropriations authorized
1874 in the 2020-2021 General Appropriations Act for data center
1875 services, and notwithstanding s. 216.292(2)(a), Florida
1876 Statutes, an agency may not transfer funds from a data
1877 processing category to a category other than another data
1878 processing category. This section expires July 1, 2021.
1879 Section 53. In order to implement the appropriation of
1880 funds in the appropriation category “Data Processing Assessment
1881 Department of Management Services” in the 2020-2021 General
1882 Appropriations Act, and pursuant to the notice, review, and
1883 objection procedures of s. 216.177, Florida Statutes, the
1884 Executive Office of the Governor may transfer funds appropriated
1885 in that category between departments in order to align the
1886 budget authority granted based on the estimated billing cycle
1887 and methodology used by the Department of Management Services
1888 for data processing services provided. This section expires July
1889 1, 2021.
1890 Section 54. In order to implement the appropriation of
1891 funds in the appropriation category “Special Categories-Risk
1892 Management Insurance” in the 2020-2021 General Appropriations
1893 Act, and pursuant to the notice, review, and objection
1894 procedures of s. 216.177, Florida Statutes, the Executive Office
1895 of the Governor may transfer funds appropriated in that category
1896 between departments in order to align the budget authority
1897 granted with the premiums paid by each department for risk
1898 management insurance. This section expires July 1, 2021.
1899 Section 55. In order to implement the appropriation of
1900 funds in the appropriation category “Special Categories-Transfer
1901 to Department of Management Services-Human Resources Services
1902 Purchased per Statewide Contract” in the 2020-2021 General
1903 Appropriations Act, and pursuant to the notice, review, and
1904 objection procedures of s. 216.177, Florida Statutes, the
1905 Executive Office of the Governor may transfer funds appropriated
1906 in that category between departments in order to align the
1907 budget authority granted with the assessments that must be paid
1908 by each agency to the Department of Management Services for
1909 human resource management services. This section expires July 1,
1910 2021.
1911 Section 56. In order to implement Specific Appropriations
1912 2388 through 2391 of the 2020-2021 General Appropriations Act:
1913 (1) The Department of Financial Services shall replace the
1914 four main components of the Florida Accounting Information
1915 Resource Subsystem (FLAIR), which include central FLAIR,
1916 departmental FLAIR, payroll, and information warehouse, and
1917 shall replace the cash management and accounting management
1918 components of the Cash Management Subsystem (CMS) with an
1919 integrated enterprise system that allows the state to organize,
1920 define, and standardize its financial management business
1921 processes and that complies with ss. 215.90-215.96, Florida
1922 Statutes. The department may not include in the replacement of
1923 FLAIR and CMS:
1924 (a) Functionality that duplicates any of the other
1925 information subsystems of the Florida Financial Management
1926 Information System; or
1927 (b) Agency business processes related to any of the
1928 functions included in the Personnel Information System, the
1929 Purchasing Subsystem, or the Legislative Appropriations
1930 System/Planning and Budgeting Subsystem.
1931 (2) For purposes of replacing FLAIR and CMS, the Department
1932 of Financial Services shall:
1933 (a) Take into consideration the cost and implementation
1934 data identified for Option 3 as recommended in the March 31,
1935 2014, Florida Department of Financial Services FLAIR Study,
1936 version 031.
1937 (b) Ensure that all business requirements and technical
1938 specifications have been provided to all state agencies for
1939 their review and input and approved by the executive steering
1940 committee established in paragraph (c).
1941 (c) Implement a project governance structure that includes
1942 an executive steering committee composed of:
1943 1. The Chief Financial Officer or the executive sponsor of
1944 the project.
1945 2. A representative of the Division of Treasury of the
1946 Department of Financial Services, appointed by the Chief
1947 Financial Officer.
1948 3. A representative of the Division of Information Systems
1949 of the Department of Financial Services, appointed by the Chief
1950 Financial Officer.
1951 4. Four employees from the Division of Accounting and
1952 Auditing of the Department of Financial Services, appointed by
1953 the Chief Financial Officer. Each employee must have experience
1954 relating to at least one of the four main components that
1955 comprise FLAIR.
1956 5. Two employees from the Executive Office of the Governor,
1957 appointed by the Governor. One employee must have experience
1958 relating to the Legislative Appropriations System/Planning and
1959 Budgeting Subsystem.
1960 6. One employee from the Department of Revenue, appointed
1961 by the executive director, who has experience relating to the
1962 department’s SUNTAX system.
1963 7. Two employees from the Department of Management
1964 Services, appointed by the Secretary of Management Services. One
1965 employee must have experience relating to the department’s
1966 personnel information subsystem, and one employee must have
1967 experience relating to the department’s purchasing subsystem.
1968 8. Three state agency administrative services directors,
1969 appointed by the Governor. One director must represent a
1970 regulatory and licensing state agency, and one director must
1971 represent a healthcare-related state agency.
1972 (3) The Chief Financial Officer or the executive sponsor of
1973 the project shall serve as chair of the executive steering
1974 committee, and the committee shall take action by a vote of at
1975 least eight affirmative votes with the Chief Financial Officer
1976 or the executive sponsor of the project voting on the prevailing
1977 side. A quorum of the executive steering committee consists of
1978 at least 10 members.
1979 (4) The executive steering committee has the overall
1980 responsibility for ensuring that the project to replace FLAIR
1981 and CMS meets its primary business objectives and shall:
1982 (a) Identify and recommend to the Executive Office of the
1983 Governor, the President of the Senate, and the Speaker of the
1984 House of Representatives any statutory changes needed to
1985 implement the replacement subsystem that will standardize, to
1986 the fullest extent possible, the state’s financial management
1987 business processes.
1988 (b) Review and approve any changes to the project’s scope,
1989 schedule, and budget which do not conflict with the requirements
1990 of subsection (1).
1991 (c) Ensure that adequate resources are provided throughout
1992 all phases of the project.
1993 (d) Approve all major project deliverables.
1994 (e) Approve all solicitation-related documents associated
1995 with the replacement of FLAIR and CMS.
1996 (5) This section expires July 1, 2021.
1997 Section 57. In order to implement Specific Appropriation
1998 1633 of the 2020-2021 General Appropriations Act, paragraph (d)
1999 of subsection (11) of section 216.181, Florida Statutes, is
2000 amended to read:
2001 216.181 Approved budgets for operations and fixed capital
2002 outlay.—
2003 (11)
2004 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
2005 for the 2020-2021 2019-2020 fiscal year only, the Legislative
2006 Budget Commission may increase the amounts appropriated to the
2007 Fish and Wildlife Conservation Commission or the Department of
2008 Environmental Protection for fixed capital outlay projects,
2009 including additional fixed capital outlay projects, using funds
2010 provided to the state from the Gulf Environmental Benefit Fund
2011 administered by the National Fish and Wildlife Foundation; funds
2012 provided to the state from the Gulf Coast Restoration Trust Fund
2013 related to the Resources and Ecosystems Sustainability, Tourist
2014 Opportunities, and Revived Economies of the Gulf Coast Act of
2015 2012 (RESTORE Act); or funds provided by the British Petroleum
2016 Corporation (BP) for natural resource damage assessment
2017 restoration projects. Concurrent with submission of an amendment
2018 to the Legislative Budget Commission pursuant to this paragraph,
2019 any project that carries a continuing commitment for future
2020 appropriations by the Legislature must be specifically
2021 identified, together with the projected amount of the future
2022 commitment associated with the project and the fiscal years in
2023 which the commitment is expected to commence. This paragraph
2024 expires July 1, 2021 2020.
2025
2026 The provisions of this subsection are subject to the notice and
2027 objection procedures set forth in s. 216.177.
2028 Section 58. In order to implement specific appropriations
2029 from the land acquisition trust funds within the Department of
2030 Agriculture and Consumer Services, the Department of
2031 Environmental Protection, the Department of State, and the Fish
2032 and Wildlife Conservation Commission, which are contained in the
2033 2020-2021 General Appropriations Act, subsection (3) of section
2034 215.18, Florida Statutes, is amended to read:
2035 215.18 Transfers between funds; limitation.—
2036 (3) Notwithstanding subsection (1) and only with respect to
2037 a land acquisition trust fund in the Department of Agriculture
2038 and Consumer Services, the Department of Environmental
2039 Protection, the Department of State, or the Fish and Wildlife
2040 Conservation Commission, whenever there is a deficiency in a
2041 land acquisition trust fund which would render that trust fund
2042 temporarily insufficient to meet its just requirements,
2043 including the timely payment of appropriations from that trust
2044 fund, and other trust funds in the State Treasury have moneys
2045 that are for the time being or otherwise in excess of the
2046 amounts necessary to meet the just requirements, including
2047 appropriated obligations, of those other trust funds, the
2048 Governor may order a temporary transfer of moneys from one or
2049 more of the other trust funds to a land acquisition trust fund
2050 in the Department of Agriculture and Consumer Services, the
2051 Department of Environmental Protection, the Department of State,
2052 or the Fish and Wildlife Conservation Commission. Any action
2053 proposed pursuant to this subsection is subject to the notice,
2054 review, and objection procedures of s. 216.177, and the Governor
2055 shall provide notice of such action at least 7 days before the
2056 effective date of the transfer of trust funds, except that
2057 during July 2020 2019, notice of such action shall be provided
2058 at least 3 days before the effective date of a transfer unless
2059 such 3-day notice is waived by the chair and vice-chair of the
2060 Legislative Budget Commission. Any transfer of trust funds to a
2061 land acquisition trust fund in the Department of Agriculture and
2062 Consumer Services, the Department of Environmental Protection,
2063 the Department of State, or the Fish and Wildlife Conservation
2064 Commission must be repaid to the trust funds from which the
2065 moneys were loaned by the end of the 2020-2021 2019-2020 fiscal
2066 year. The Legislature has determined that the repayment of the
2067 other trust fund moneys temporarily loaned to a land acquisition
2068 trust fund in the Department of Agriculture and Consumer
2069 Services, the Department of Environmental Protection, the
2070 Department of State, or the Fish and Wildlife Conservation
2071 Commission pursuant to this subsection is an allowable use of
2072 the moneys in a land acquisition trust fund because the moneys
2073 from other trust funds temporarily loaned to a land acquisition
2074 trust fund shall be expended solely and exclusively in
2075 accordance with s. 28, Art. X of the State Constitution. This
2076 subsection expires July 1, 2021 2020.
2077 Section 59. (1) In order to implement specific
2078 appropriations from the land acquisition trust funds within the
2079 Department of Agriculture and Consumer Services, the Department
2080 of Environmental Protection, the Department of State, and the
2081 Fish and Wildlife Conservation Commission, which are contained
2082 in the 2020-2021 General Appropriations Act, the Department of
2083 Environmental Protection shall transfer revenues from the Land
2084 Acquisition Trust Fund within the department to the land
2085 acquisition trust funds within the Department of Agriculture and
2086 Consumer Services, the Department of State, and the Fish and
2087 Wildlife Conservation Commission, as provided in this section.
2088 As used in this section, the term “department” means the
2089 Department of Environmental Protection.
2090 (2) After subtracting any required debt service payments,
2091 the proportionate share of revenues to be transferred to each
2092 land acquisition trust fund shall be calculated by dividing the
2093 appropriations from each of the land acquisition trust funds for
2094 the fiscal year by the total appropriations from the Land
2095 Acquisition Trust Fund within the department and the land
2096 acquisition trust funds within the Department of Agriculture and
2097 Consumer Services, the Department of State, and the Fish and
2098 Wildlife Conservation Commission for the fiscal year. The
2099 department shall transfer the proportionate share of the
2100 revenues in the Land Acquisition Trust Fund within the
2101 department on a monthly basis to the appropriate land
2102 acquisition trust funds within the Department of Agriculture and
2103 Consumer Services, the Department of State, and the Fish and
2104 Wildlife Conservation Commission and shall retain its
2105 proportionate share of the revenues in the Land Acquisition
2106 Trust Fund within the department. Total distributions to a land
2107 acquisition trust fund within the Department of Agriculture and
2108 Consumer Services, the Department of State, and the Fish and
2109 Wildlife Conservation Commission may not exceed the total
2110 appropriations from such trust fund for the fiscal year.
2111 (3) In addition, the department shall transfer from the
2112 Land Acquisition Trust Fund to land acquisition trust funds
2113 within the Department of Agriculture and Consumer Services, the
2114 Department of State, and the Fish and Wildlife Conservation
2115 Commission amounts equal to the difference between the amounts
2116 appropriated in chapter 2019-115, Laws of Florida, to the
2117 department’s Land Acquisition Trust Fund and the other land
2118 acquisition trust funds, and the amounts actually transferred
2119 between those trust funds during the 2019-2020 fiscal year.
2120 (4) The department may advance funds from the beginning
2121 unobligated fund balance in the Land Acquisition Trust Fund to
2122 the Land Acquisition Trust Fund within the Fish and Wildlife
2123 Conservation Commission needed for cash flow purposes based on a
2124 detailed expenditure plan. The department shall prorate amounts
2125 transferred quarterly to the Fish and Wildlife Conservation
2126 Commission to recoup the amount of funds advanced by June 30,
2127 2021.
2128 (5) This section expires July 1, 2021.
2129 Section 60. In order to implement Specific Appropriation
2130 1763 of the 2020-2021 General Appropriations Act, paragraph (e)
2131 of subsection (11) of section 216.181, Florida Statutes, is
2132 amended to read:
2133 216.181 Approved budgets for operations and fixed capital
2134 outlay.—
2135 (11)
2136 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
2137 for the 2020-2021 2019-2020 fiscal year only, the Legislative
2138 Budget Commission may increase the amounts appropriated to the
2139 Department of Environmental Protection for fixed capital outlay
2140 projects using funds provided to the state from the
2141 environmental mitigation trust administered by a trustee
2142 designated by the United States District Court for the Northern
2143 District of California for eligible mitigation actions and
2144 mitigation action expenditures described in the partial consent
2145 decree entered into between the United States of America and
2146 Volkswagen relating to violations of the Clean Air Act.
2147 Concurrent with submission of an amendment to the Legislative
2148 Budget Commission pursuant to this paragraph, any project that
2149 carries a continuing commitment for future appropriations by the
2150 Legislature must be specifically identified, together with the
2151 projected amount of the future commitment associated with the
2152 project and the fiscal years in which the commitment is expected
2153 to commence. This paragraph expires July 1, 2021 2020.
2154
2155 The provisions of this subsection are subject to the notice and
2156 objection procedures set forth in s. 216.177.
2157 Section 61. In order to implement Specific Appropriation
2158 1443 through 1452 of the 2020-2021 General Appropriations Act,
2159 subsection (4) of section 570.441, Florida Statutes, is amended
2160 to read:
2161 570.441 Pest Control Trust Fund.—
2162 (4) In addition to the uses authorized under subsection
2163 (2), moneys collected or received by the department under
2164 chapter 482 may be used to carry out the provisions of s.
2165 570.44. This subsection expires June 30, 2021 2020.
2166 Section 62. In order to implement Specific Appropriation
2167 1380 of the 2020-2021 General Appropriations Act, and
2168 notwithstanding the expiration date in section 91 of chapter
2169 2019-116, Laws of Florida, paragraph (a) of subsection (1) of
2170 section 570.93, Florida Statutes, is reenacted to read:
2171 570.93 Department of Agriculture and Consumer Services;
2172 agricultural water conservation and agricultural water supply
2173 planning.—
2174 (1) The department shall establish an agricultural water
2175 conservation program that includes the following:
2176 (a) A cost-share program, coordinated with the United
2177 States Department of Agriculture and other federal, state,
2178 regional, and local agencies when appropriate, for irrigation
2179 system retrofit and application of mobile irrigation laboratory
2180 evaluations, and for water conservation and water quality
2181 improvement pursuant to s. 403.067(7)(c).
2182 Section 63. The amendment to s. 570.93(1)(a), Florida
2183 Statutes, as carried forward from chapter 2019-116, Laws of
2184 Florida, by this act, expires July 1, 2021, and the text of that
2185 paragraph shall revert to that in existence on June 30, 2019,
2186 except that any amendments to such text enacted other than by
2187 this act shall be preserved and continue to operate to the
2188 extent that such amendments are not dependent upon the portions
2189 of text which expire pursuant to this section.
2190 Section 64. In order to implement Specific Appropriation
2191 1728 of the 2020-2021 General Appropriations Act, paragraph (m)
2192 of subsection (3) of section 259.105, Florida Statutes, is
2193 amended to read:
2194 259.105 The Florida Forever Act.—
2195 (3) Less the costs of issuing and the costs of funding
2196 reserve accounts and other costs associated with bonds, the
2197 proceeds of cash payments or bonds issued pursuant to this
2198 section shall be deposited into the Florida Forever Trust Fund
2199 created by s. 259.1051. The proceeds shall be distributed by the
2200 Department of Environmental Protection in the following manner:
2201 (m) Notwithstanding paragraphs (a)-(j) and for the 2020
2202 2021 2019-2020 fiscal year, the amount of $6 $33 million to only
2203 the Division of State Lands within the Department of
2204 Environmental Protection for grants pursuant to s. 375.075 the
2205 Board of Trustees Florida Forever Priority List land acquisition
2206 projects. This paragraph expires July 1, 2021 2020.
2207 Section 65. In order to implement appropriations from the
2208 Land Acquisition Trust Fund within the Department of
2209 Environmental Protection, paragraph (b) of subsection (3) of
2210 section 375.041, Florida Statutes, is amended to read:
2211 375.041 Land Acquisition Trust Fund.—
2212 (3) Funds distributed into the Land Acquisition Trust Fund
2213 pursuant to s. 201.15 shall be applied:
2214 (b) Of the funds remaining after the payments required
2215 under paragraph (a), but before funds may be appropriated,
2216 pledged, or dedicated for other uses:
2217 1. A minimum of the lesser of 25 percent or $200 million
2218 shall be appropriated annually for Everglades projects that
2219 implement the Comprehensive Everglades Restoration Plan as set
2220 forth in s. 373.470, including the Central Everglades Planning
2221 Project subject to Congressional authorization; the Long-Term
2222 Plan as defined in s. 373.4592(2); and the Northern Everglades
2223 and Estuaries Protection Program as set forth in s. 373.4595.
2224 From these funds, $32 million shall be distributed each fiscal
2225 year through the 2023-2024 fiscal year to the South Florida
2226 Water Management District for the Long-Term Plan as defined in
2227 s. 373.4592(2). After deducting the $32 million distributed
2228 under this subparagraph, from the funds remaining, a minimum of
2229 the lesser of 76.5 percent or $100 million shall be appropriated
2230 each fiscal year through the 2025-2026 fiscal year for the
2231 planning, design, engineering, and construction of the
2232 Comprehensive Everglades Restoration Plan as set forth in s.
2233 373.470, including the Central Everglades Planning Project, the
2234 Everglades Agricultural Area Storage Reservoir Project, the Lake
2235 Okeechobee Watershed Project, the C-43 West Basin Storage
2236 Reservoir Project, the Indian River Lagoon-South Project, the
2237 Western Everglades Restoration Project, and the Picayune Strand
2238 Restoration Project. The Department of Environmental Protection
2239 and the South Florida Water Management District shall give
2240 preference to those Everglades restoration projects that reduce
2241 harmful discharges of water from Lake Okeechobee to the St.
2242 Lucie or Caloosahatchee estuaries in a timely manner. For the
2243 purpose of performing the calculation provided in this
2244 subparagraph, the amount of debt service paid pursuant to
2245 paragraph (a) for bonds issued after July 1, 2016, for the
2246 purposes set forth under paragraph (b) shall be added to the
2247 amount remaining after the payments required under paragraph
2248 (a). The amount of the distribution calculated shall then be
2249 reduced by an amount equal to the debt service paid pursuant to
2250 paragraph (a) on bonds issued after July 1, 2016, for the
2251 purposes set forth under this subparagraph.
2252 2. A minimum of the lesser of 7.6 percent or $50 million
2253 shall be appropriated annually for spring restoration,
2254 protection, and management projects. For the purpose of
2255 performing the calculation provided in this subparagraph, the
2256 amount of debt service paid pursuant to paragraph (a) for bonds
2257 issued after July 1, 2016, for the purposes set forth under
2258 paragraph (b) shall be added to the amount remaining after the
2259 payments required under paragraph (a). The amount of the
2260 distribution calculated shall then be reduced by an amount equal
2261 to the debt service paid pursuant to paragraph (a) on bonds
2262 issued after July 1, 2016, for the purposes set forth under this
2263 subparagraph.
2264 3. The sum of $5 million shall be appropriated annually
2265 each fiscal year through the 2025-2026 fiscal year to the St.
2266 Johns River Water Management District for projects dedicated to
2267 the restoration of Lake Apopka. This distribution shall be
2268 reduced by an amount equal to the debt service paid pursuant to
2269 paragraph (a) on bonds issued after July 1, 2016, for the
2270 purposes set forth in this subparagraph.
2271 4. The sum of $64 million is appropriated and shall be
2272 transferred to the Everglades Trust Fund for the 2018-2019
2273 fiscal year, and each fiscal year thereafter, for the EAA
2274 reservoir project pursuant to s. 373.4598. Any funds remaining
2275 in any fiscal year shall be made available only for Phase II of
2276 the C-51 reservoir project or projects identified in
2277 subparagraph 1. and must be used in accordance with laws
2278 relating to such projects. Any funds made available for such
2279 purposes in a fiscal year are in addition to the amount
2280 appropriated under subparagraph 1. This distribution shall be
2281 reduced by an amount equal to the debt service paid pursuant to
2282 paragraph (a) on bonds issued after July 1, 2017, for the
2283 purposes set forth in this subparagraph.
2284 5. Notwithstanding subparagraph 3., for the 2020-2021 2019
2285 2020 fiscal year, funds shall be appropriated as provided in the
2286 General Appropriations Act. This subparagraph expires July 1,
2287 2021 2020.
2288 Section 66. In order to implement Specific Appropriation
2289 2659 of the 2020-2021 General Appropriations Act, paragraph (b)
2290 of subsection (3) and subsection (5) of section 321.04, Florida
2291 Statutes, are amended to read:
2292 321.04 Personnel of the highway patrol; rank
2293 classifications; probationary status of new patrol officers;
2294 subsistence; special assignments.—
2295 (3)
2296 (b) For the 2020-2021 2019-2020 fiscal year only, upon the
2297 request of the Governor, the Department of Highway Safety and
2298 Motor Vehicles shall assign one or more patrol officers to the
2299 office of the Lieutenant Governor for security services. This
2300 paragraph expires July 1, 2021 2020.
2301 (5) For the 2020-2021 2019-2020 fiscal year only, the
2302 assignment of a patrol officer by the department shall include a
2303 Cabinet member specified in s. 4, Art. IV of the State
2304 Constitution if deemed appropriate by the department or in
2305 response to a threat and upon written request of such Cabinet
2306 member. This subsection expires July 1, 2021 2020.
2307 Section 67. In order to implement Specific Appropriation
2308 2282 of the 2020-2021 General Appropriations Act, subsection (3)
2309 of section 420.9079, Florida Statutes, is amended to read:
2310 420.9079 Local Government Housing Trust Fund.—
2311 (3) For the 2020-2021 2019-2020 fiscal year, funds may be
2312 used as provided in the General Appropriations Act. This
2313 subsection expires July 1, 2021 2020.
2314 Section 68. In order to implement Specific Appropriation
2315 2281 of the 2020-2021 General Appropriations Act, subsection (2)
2316 of section 420.0005, Florida Statutes, is amended to read:
2317 420.0005 State Housing Trust Fund; State Housing Fund.—
2318 (2) For the 2020-2021 2019-2020 fiscal year, funds may be
2319 used as provided in the General Appropriations Act. This
2320 subsection expires July 1, 2021 2020.
2321 Section 69. In order to implement Specific Appropriation
2322 2294 of the 2020-2021 General Appropriations Act, subsection
2323 (14) of section 288.1226, Florida Statutes, is amended to read:
2324 288.1226 Florida Tourism Industry Marketing Corporation;
2325 use of property; board of directors; duties; audit.—
2326 (14) REPEAL.—This section is repealed July 1, 2021 2020,
2327 unless reviewed and saved from repeal by the Legislature.
2328 Section 70. In order to implement Specific Appropriation
2329 2294 of the 2020-2021 General Appropriations Act, subsection (6)
2330 of section 288.923, Florida Statutes, is amended to read:
2331 288.923 Division of Tourism Marketing; definitions;
2332 responsibilities.—
2333 (6) This section is repealed July 1, 2021 2020, unless
2334 reviewed and saved from repeal by the Legislature.
2335 Section 71. In order to implement Specific Appropriation
2336 1915 of the 2020-2021 General Appropriations Act, paragraph (g)
2337 of subsection (8) of section 338.2278, Florida Statutes, is
2338 amended to read:
2339 338.2278 Multi-use Corridors of Regional Economic
2340 Significance Program.—
2341 (8) The amounts identified in subsection (7) by fiscal year
2342 shall be allocated as follows:
2343 (g)1. Except as provided in subparagraph 2., in each fiscal
2344 year in which funding provided under this subsection for the
2345 Small County Road Assistance Program, the Small County Outreach
2346 Program, the Transportation Disadvantaged Trust Fund, or the
2347 workforce development program is not committed by the end of
2348 each fiscal year, such uncommitted funds shall be used by the
2349 department to fund Multi-use Corridors of Regional Economic
2350 Significance Program projects. As provided in s. 339.135(7), the
2351 adopted work program may be amended to transfer funds between
2352 appropriations categories or to increase an appropriation
2353 category to implement this paragraph.
2354 2. For the 2020-2021 fiscal year, funding provided under
2355 this subsection for the Transportation Disadvantaged Trust Fund
2356 under paragraph (a) which is uncommitted at the end of the 2019
2357 2020 fiscal year may be used as provided in the General
2358 Appropriations Act. This subparagraph expires July 1, 2021.
2359 Section 72. In order to implement Specific Appropriations
2360 1916 through 1929, 1929F through 1929J, 1944 through 1951, 1953
2361 through 1962, and 1999A through 2011 of the 2020-2021 General
2362 Appropriations Act, paragraphs (g) and (h) of subsection (7) of
2363 section 339.135, Florida Statutes, are amended to read:
2364 339.135 Work program; legislative budget request;
2365 definitions; preparation, adoption, execution, and amendment.—
2366 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
2367 (g)1. Any work program amendment which also requires the
2368 transfer of fixed capital outlay appropriations between
2369 categories within the department or the increase of an
2370 appropriation category is subject to the approval of the
2371 Legislative Budget Commission.
2372 2. If a meeting of the Legislative Budget Commission cannot
2373 be held within 30 days after the department submits an amendment
2374 to the Legislative Budget Commission, the chair and vice chair
2375 of the Legislative Budget Commission may authorize such
2376 amendment to be approved pursuant to s. 216.177. This
2377 subparagraph expires July 1, 2021 2020.
2378 (h)1. Any work program amendment that also adds a new
2379 project, or phase thereof, to the adopted work program in excess
2380 of $3 million is subject to approval by the Legislative Budget
2381 Commission. Any work program amendment submitted under this
2382 paragraph must include, as supplemental information, a list of
2383 projects, or phases thereof, in the current 5-year adopted work
2384 program which are eligible for the funds within the
2385 appropriation category being used for the proposed amendment.
2386 The department shall provide a narrative with the rationale for
2387 not advancing an existing project, or phase thereof, in lieu of
2388 the proposed amendment.
2389 2. If a meeting of the Legislative Budget Commission cannot
2390 be held within 30 days after the department submits an amendment
2391 to the commission, the chair and vice chair of the commission
2392 may authorize such amendment to be approved pursuant to s.
2393 216.177. This subparagraph expires July 1, 2021.
2394 Section 73. In order to implement Specific Appropriation
2395 2599 of the 2020-2021 General Appropriations Act, paragraph (d)
2396 of subsection (4) of section 112.061, Florida Statutes, is
2397 amended to read:
2398 112.061 Per diem and travel expenses of public officers,
2399 employees, and authorized persons; statewide travel management
2400 system.—
2401 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2402 officer or employee assigned to an office shall be the city or
2403 town in which the office is located except that:
2404 (d) A Lieutenant Governor who permanently resides outside
2405 of Leon County, may, if he or she so requests, have an
2406 appropriate facility in his or her county designated as his or
2407 her official headquarters for purposes of this section. This
2408 official headquarters may only serve as the Lieutenant
2409 Governor’s personal office. The Lieutenant Governor may not use
2410 state funds to lease space in any facility for his or her
2411 official headquarters.
2412 1. A Lieutenant Governor for whom an official headquarters
2413 is established in his or her county of residence pursuant to
2414 this paragraph is eligible for subsistence at a rate to be
2415 established by the Governor for each day or partial day that the
2416 Lieutenant Governor is at the State Capitol to conduct official
2417 state business. In addition to the subsistence allowance, a
2418 Lieutenant Governor is eligible for reimbursement for
2419 transportation expenses as provided in subsection (7) for travel
2420 between the Lieutenant Governor’s official headquarters and the
2421 State Capitol to conduct state business.
2422 2. Payment of subsistence and reimbursement for
2423 transportation between a Lieutenant Governor’s official
2424 headquarters and the State Capitol shall be made to the extent
2425 appropriated funds are available, as determined by the Governor.
2426 3. This paragraph expires July 1, 2021 2020.
2427 Section 74. In order to implement the salaries and
2428 benefits, expenses, other personal services, contracted
2429 services, and operating capital outlay categories of the 2020
2430 2021 General Appropriations Act, paragraph (a) of subsection (2)
2431 of section 216.292, Florida Statutes, is amended to read:
2432 216.292 Appropriations nontransferable; exceptions.—
2433 (2) The following transfers are authorized to be made by
2434 the head of each department or the Chief Justice of the Supreme
2435 Court whenever it is deemed necessary by reason of changed
2436 conditions:
2437 (a) The transfer of appropriations funded from identical
2438 funding sources, except appropriations for fixed capital outlay,
2439 and the transfer of amounts included within the total original
2440 approved budget and plans of releases of appropriations as
2441 furnished pursuant to ss. 216.181 and 216.192, as follows:
2442 1. Between categories of appropriations within a budget
2443 entity, if no category of appropriation is increased or
2444 decreased by more than 5 percent of the original approved budget
2445 or $250,000, whichever is greater, by all action taken under
2446 this subsection.
2447 2. Between budget entities within identical categories of
2448 appropriations, if no category of appropriation is increased or
2449 decreased by more than 5 percent of the original approved budget
2450 or $250,000, whichever is greater, by all action taken under
2451 this subsection.
2452 3. Any agency exceeding salary rate established pursuant to
2453 s. 216.181(8) on June 30th of any fiscal year shall not be
2454 authorized to make transfers pursuant to subparagraphs 1. and 2.
2455 in the subsequent fiscal year.
2456 4. Notice of proposed transfers under subparagraphs 1. and
2457 2. shall be provided to the Executive Office of the Governor and
2458 the chairs of the legislative appropriations committees at least
2459 3 days prior to agency implementation in order to provide an
2460 opportunity for review. The review shall be limited to ensuring
2461 that the transfer is in compliance with the requirements of this
2462 paragraph.
2463 5. For the 2020-2021 2019-2020 fiscal year, the review
2464 shall ensure that transfers proposed pursuant to this paragraph
2465 comply with this chapter, maximize the use of available and
2466 appropriate trust funds, and are not contrary to legislative
2467 policy and intent. This subparagraph expires July 1, 2021 2020.
2468 Section 75. In order to implement section 8 of the 2020
2469 2021 General Appropriations Act, notwithstanding s.
2470 110.123(3)(f) and (j), Florida Statutes, the Department of
2471 Management Services shall maintain and offer the same PPO and
2472 HMO health plan alternatives to the participants of the state
2473 group health insurance program during the 2020-2021 fiscal year
2474 which were in effect for the 2019-2020 fiscal year. This section
2475 expires July 1, 2021.
2476 Section 76. In order to implement the appropriation of
2477 funds in the special categories, contracted services, and
2478 expenses categories of the 2020-2021 General Appropriations Act,
2479 a state agency may not initiate a competitive solicitation for a
2480 product or service if the completion of such competitive
2481 solicitation would:
2482 (1) Require a change in law; or
2483 (2) Require a change to the agency’s budget other than a
2484 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
2485 unless the initiation of such competitive solicitation is
2486 specifically authorized in law, in the General Appropriations
2487 Act, or by the Legislative Budget Commission.
2488
2489 This section does not apply to a competitive solicitation for
2490 which the agency head certifies that a valid emergency exists.
2491 This section expires July 1, 2021.
2492 Section 77. In order to implement appropriations for
2493 salaries and benefits in the 2020-2021 General Appropriations
2494 Act, subsection (6) of section 112.24, Florida Statutes, is
2495 amended to read:
2496 112.24 Intergovernmental interchange of public employees.
2497 To encourage economical and effective utilization of public
2498 employees in this state, the temporary assignment of employees
2499 among agencies of government, both state and local, and
2500 including school districts and public institutions of higher
2501 education is authorized under terms and conditions set forth in
2502 this section. State agencies, municipalities, and political
2503 subdivisions are authorized to enter into employee interchange
2504 agreements with other state agencies, the Federal Government,
2505 another state, a municipality, or a political subdivision
2506 including a school district, or with a public institution of
2507 higher education. State agencies are also authorized to enter
2508 into employee interchange agreements with private institutions
2509 of higher education and other nonprofit organizations under the
2510 terms and conditions provided in this section. In addition, the
2511 Governor or the Governor and Cabinet may enter into employee
2512 interchange agreements with a state agency, the Federal
2513 Government, another state, a municipality, or a political
2514 subdivision including a school district, or with a public
2515 institution of higher learning to fill, subject to the
2516 requirements of chapter 20, appointive offices which are within
2517 the executive branch of government and which are filled by
2518 appointment by the Governor or the Governor and Cabinet. Under
2519 no circumstances shall employee interchange agreements be
2520 utilized for the purpose of assigning individuals to participate
2521 in political campaigns. Duties and responsibilities of
2522 interchange employees shall be limited to the mission and goals
2523 of the agencies of government.
2524 (6) For the 2020-2021 2019-2020 fiscal year only, the
2525 assignment of an employee of a state agency as provided in this
2526 section may be made if recommended by the Governor or Chief
2527 Justice, as appropriate, and approved by the chairs of the
2528 legislative appropriations committees. Such actions shall be
2529 deemed approved if neither chair provides written notice of
2530 objection within 14 days after receiving notice of the action
2531 pursuant to s. 216.177. This subsection expires July 1, 2021
2532 2020.
2533 Section 78. In order to implement Specific Appropriations
2534 2727 and 2728 of the 2020-2021 General Appropriations Act, and
2535 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2536 salaries for members of the Legislature for the 2020-2021 fiscal
2537 year shall be set at the same level in effect on July 1, 2010.
2538 This section expires July 1, 2021.
2539 Section 79. In order to implement the transfer of funds
2540 from the General Revenue Fund from trust funds for the 2020-2021
2541 General Appropriations Act, and notwithstanding the expiration
2542 date in section 110 of chapter 2019-116, Laws of Florida,
2543 paragraph (b) of subsection (2) of section 215.32, Florida
2544 Statutes, is reenacted to read:
2545 215.32 State funds; segregation.—
2546 (2) The source and use of each of these funds shall be as
2547 follows:
2548 (b)1. The trust funds shall consist of moneys received by
2549 the state which under law or under trust agreement are
2550 segregated for a purpose authorized by law. The state agency or
2551 branch of state government receiving or collecting such moneys
2552 is responsible for their proper expenditure as provided by law.
2553 Upon the request of the state agency or branch of state
2554 government responsible for the administration of the trust fund,
2555 the Chief Financial Officer may establish accounts within the
2556 trust fund at a level considered necessary for proper
2557 accountability. Once an account is established, the Chief
2558 Financial Officer may authorize payment from that account only
2559 upon determining that there is sufficient cash and releases at
2560 the level of the account.
2561 2. In addition to other trust funds created by law, to the
2562 extent possible, each agency shall use the following trust funds
2563 as described in this subparagraph for day-to-day operations:
2564 a. Operations or operating trust fund, for use as a
2565 depository for funds to be used for program operations funded by
2566 program revenues, with the exception of administrative
2567 activities when the operations or operating trust fund is a
2568 proprietary fund.
2569 b. Operations and maintenance trust fund, for use as a
2570 depository for client services funded by third-party payors.
2571 c. Administrative trust fund, for use as a depository for
2572 funds to be used for management activities that are departmental
2573 in nature and funded by indirect cost earnings and assessments
2574 against trust funds. Proprietary funds are excluded from the
2575 requirement of using an administrative trust fund.
2576 d. Grants and donations trust fund, for use as a depository
2577 for funds to be used for allowable grant or donor agreement
2578 activities funded by restricted contractual revenue from private
2579 and public nonfederal sources.
2580 e. Agency working capital trust fund, for use as a
2581 depository for funds to be used pursuant to s. 216.272.
2582 f. Clearing funds trust fund, for use as a depository for
2583 funds to account for collections pending distribution to lawful
2584 recipients.
2585 g. Federal grant trust fund, for use as a depository for
2586 funds to be used for allowable grant activities funded by
2587 restricted program revenues from federal sources.
2588
2589 To the extent possible, each agency must adjust its internal
2590 accounting to use existing trust funds consistent with the
2591 requirements of this subparagraph. If an agency does not have
2592 trust funds listed in this subparagraph and cannot make such
2593 adjustment, the agency must recommend the creation of the
2594 necessary trust funds to the Legislature no later than the next
2595 scheduled review of the agency’s trust funds pursuant to s.
2596 215.3206.
2597 3. All such moneys are hereby appropriated to be expended
2598 in accordance with the law or trust agreement under which they
2599 were received, subject always to the provisions of chapter 216
2600 relating to the appropriation of funds and to the applicable
2601 laws relating to the deposit or expenditure of moneys in the
2602 State Treasury.
2603 4.a. Notwithstanding any provision of law restricting the
2604 use of trust funds to specific purposes, unappropriated cash
2605 balances from selected trust funds may be authorized by the
2606 Legislature for transfer to the Budget Stabilization Fund and
2607 General Revenue Fund in the General Appropriations Act.
2608 b. This subparagraph does not apply to trust funds required
2609 by federal programs or mandates; trust funds established for
2610 bond covenants, indentures, or resolutions whose revenues are
2611 legally pledged by the state or public body to meet debt service
2612 or other financial requirements of any debt obligations of the
2613 state or any public body; the Division of Licensing Trust Fund
2614 in the Department of Agriculture and Consumer Services; the
2615 State Transportation Trust Fund; the trust fund containing the
2616 net annual proceeds from the Florida Education Lotteries; the
2617 Florida Retirement System Trust Fund; trust funds under the
2618 management of the State Board of Education or the Board of
2619 Governors of the State University System, where such trust funds
2620 are for auxiliary enterprises, self-insurance, and contracts,
2621 grants, and donations, as those terms are defined by general
2622 law; trust funds that serve as clearing funds or accounts for
2623 the Chief Financial Officer or state agencies; trust funds that
2624 account for assets held by the state in a trustee capacity as an
2625 agent or fiduciary for individuals, private organizations, or
2626 other governmental units; and other trust funds authorized by
2627 the State Constitution.
2628 Section 80. The text of s. 215.32(2)(b), Florida Statutes,
2629 as carried forward from chapter 2011-47, Laws of Florida, by
2630 this act, expires July 1, 2021, and the text of that paragraph
2631 shall revert to that in existence on June 30, 2011, except that
2632 any amendments to such text enacted other than by this act shall
2633 be preserved and continue to operate to the extent that such
2634 amendments are not dependent upon the portions of text which
2635 expire pursuant to this section.
2636 Section 81. In order to implement appropriations in the
2637 2020-2021 General Appropriations Act for state employee travel,
2638 the funds appropriated to each state agency which may be used
2639 for travel by state employees are limited during the 2020-2021
2640 fiscal year to travel for activities that are critical to each
2641 state agency’s mission. Funds may not be used for travel by
2642 state employees to foreign countries, other states, conferences,
2643 staff training activities, or other administrative functions
2644 unless the agency head has approved, in writing, that such
2645 activities are critical to the agency’s mission. The agency head
2646 shall consider using teleconferencing and other forms of
2647 electronic communication to meet the needs of the proposed
2648 activity before approving mission-critical travel. This section
2649 does not apply to travel for law enforcement purposes, military
2650 purposes, emergency management activities, or public health
2651 activities. This section expires July 1, 2021.
2652 Section 82. In order to implement appropriations in the
2653 2020-2021 General Appropriations Act for state employee travel
2654 and notwithstanding s. 112.061, Florida Statutes, costs for
2655 lodging associated with a meeting, conference, or convention
2656 organized or sponsored in whole or in part by a state agency or
2657 the judicial branch may not exceed $225 per day. An employee may
2658 expend his or her own funds for any lodging expenses in excess
2659 of $225 per day. For purposes of this section, a meeting does
2660 not include travel activities for conducting an audit,
2661 examination, inspection, or investigation or travel activities
2662 related to a litigation or emergency response. This section
2663 expires July 1, 2021.
2664 Section 83. In order to implement the appropriation of
2665 funds in the special categories, contracted services, and
2666 expenses categories of the 2020-2021 General Appropriations Act,
2667 a state agency may not enter into a contract containing a
2668 nondisclosure clause that prohibits the contractor from
2669 disclosing information relevant to the performance of the
2670 contract to members or staff of the Senate or the House of
2671 Representatives. This section expires July 1, 2021.
2672 Section 84. Any section of this act which implements a
2673 specific appropriation or specifically identified proviso
2674 language in the 2020-2021 General Appropriations Act is void if
2675 the specific appropriation or specifically identified proviso
2676 language is vetoed. Any section of this act which implements
2677 more than one specific appropriation or more than one portion of
2678 specifically identified proviso language in the 2020-2021
2679 General Appropriations Act is void if all the specific
2680 appropriations or portions of specifically identified proviso
2681 language are vetoed.
2682 Section 85. If any other act passed during the 2020 Regular
2683 Session of the Legislature contains a provision that is
2684 substantively the same as a provision in this act, but that
2685 removes or is otherwise not subject to the future repeal applied
2686 to such provision by this act, the Legislature intends that the
2687 provision in the other act takes precedence and continues to
2688 operate, notwithstanding the future repeal provided by this act.
2689 Section 86. If any provision of this act or its application
2690 to any person or circumstance is held invalid, the invalidity
2691 does not affect other provisions or applications of the act
2692 which can be given effect without the invalid provision or
2693 application, and to this end the provisions of this act are
2694 severable.
2695 Section 87. Except as otherwise expressly provided in this
2696 act and except for this section, which shall take effect upon
2697 this act becoming a law, this act shall take effect July 1,
2698 2020; or, if this act fails to become a law until after that
2699 date, it shall take effect upon becoming a law and shall operate
2700 retroactively to July 1, 2020.