Florida Senate - 2021                                    SB 2502
       
       
        
       By the Committee on Appropriations
       
       
       
       
       
       576-03650-21                                          20212502__
    1                        A bill to be entitled                      
    2         An act implementing the 2021-2022 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 the General Appropriations
    8         Act; amending s. 1011.62, F.S.; extending for 1 fiscal
    9         year a provision suspending an allocation related to
   10         declines in full-time equivalent students; extending
   11         for 1 fiscal year authorization for the Legislature to
   12         provide a funding compression and hold harmless
   13         allocation; modifying the manner of prorating
   14         appropriations made under the funding compression and
   15         hold harmless allocation; reenacting s. 1001.26(1),
   16         F.S., relating to the public broadcasting program
   17         system; extending for 1 fiscal year authorization for
   18         the Department of Education to provide certain
   19         appropriated funds to certain education television
   20         stations and public colleges and universities for
   21         public broadcasting; providing for the expiration and
   22         reversion of specified statutory text; amending s.
   23         1004.6495, F.S.; specifying the manner of funding for
   24         Florida Postsecondary Comprehensive Transition Program
   25         grants for the 2021-2022 fiscal year; amending chapter
   26         2020-28, Laws of Florida; delaying the effective date
   27         of provisions governing intercollegiate athlete
   28         compensation and rights; amending s. 1006.73, F.S.;
   29         requiring that the Florida Postsecondary Academic
   30         Library Network be overseen by a host entity
   31         determined by the Board of Governors and the
   32         Department of Education; specifying services that the
   33         network must provide to public postsecondary
   34         educational institutions; amending s. 1013.40, F.S.;
   35         removing the requirement of prior legislative approval
   36         for the acquisition or construction of certain Florida
   37         College System institution facilities; requiring such
   38         institutions to report information related to certain
   39         facilities; incorporating by reference certain
   40         calculations for the Medicaid Hospital Funding
   41         programs; authorizing the Agency for Health Care
   42         Administration, in consultation with the Department of
   43         Health, to submit a budget amendment to realign
   44         funding for a component of the Children’s Medical
   45         Services program to reflect actual enrollment changes;
   46         specifying requirements for such realignment;
   47         authorizing the agency to request nonoperating budget
   48         authority for transferring certain federal funds to
   49         the Department of Health; authorizing the Agency for
   50         Health Care Administration to submit a budget
   51         amendment to realign Medicaid funding for specified
   52         purposes, subject to certain limitations; authorizing
   53         the Agency for Health Care Administration and the
   54         Department of Health to each submit a budget amendment
   55         to realign funding within the Florida Kidcare program
   56         appropriation categories or increase budget authority
   57         for certain purposes; specifying the time period
   58         within each such budget amendment must be submitted;
   59         amending ss. 381.986 and 381.988, F.S.; extending for
   60         1 year the exemption of certain rules pertaining to
   61         the medical use of marijuana from certain rulemaking
   62         requirements; amending s. 14(1), chapter 2017-232,
   63         Laws of Florida; exempting certain rules pertaining to
   64         medical marijuana adopted to replace emergency rules
   65         from specified rulemaking requirements; providing for
   66         the expiration and reversion of specified law;
   67         authorizing the Department of Children and Families to
   68         submit a budget amendment to realign funding for
   69         implementation of the Guardianship Assistance Program;
   70         authorizing the Department of Health to submit a
   71         budget amendment to increase budget authority for the
   72         HIV/AIDS Prevention and Treatment Program if a certain
   73         condition is met; requiring the Agency for Health Care
   74         Administration to replace the Florida Medicaid
   75         Management Information System (FMMIS) and fiscal agent
   76         operations with a specified new system; specifying
   77         items that may not be included in the new system;
   78         providing directives to the agency related to the new
   79         system, the Florida Health Care Connection system;
   80         requiring the agency to meet certain requirements in
   81         replacing FMMIS and the current Medicaid fiscal agent;
   82         requiring the agency to implement a project governance
   83         structure that includes an executive steering
   84         committee; providing procedures for use by the
   85         executive steering committee; providing
   86         responsibilities of the executive steering committee;
   87         amending s. 216.262, F.S.; extending for 1 fiscal year
   88         the authority of the Department of Corrections to
   89         submit a budget amendment for additional positions and
   90         appropriations under certain circumstances; requiring
   91         review and approval by the Legislative Budget
   92         Commission; amending s. 1011.80, F.S.; specifying the
   93         manner by which state funds for postsecondary
   94         workforce programs may be used for inmate education;
   95         providing for the expiration and reversion of
   96         specified statutory text; amending s. 215.18, F.S.;
   97         extending for 1 fiscal year the authority and related
   98         repayment requirements for temporary trust fund loans
   99         to the state court system which are sufficient to meet
  100         the system’s appropriation; requiring the Department
  101         of Juvenile Justice to review county juvenile
  102         detention payments to determine whether a county has
  103         met specified financial responsibilities; requiring
  104         amounts owed by the county for such financial
  105         responsibilities to be deducted from certain county
  106         funds; requiring the Department of Revenue to transfer
  107         withheld funds to a specified trust fund; requiring
  108         the Department of Revenue to ensure that such
  109         reductions in amounts distributed do not reduce
  110         distributions below amounts necessary for certain
  111         payments due on bonds and to comply with bond
  112         covenants; requiring the Department of Revenue to
  113         notify the Department of Juvenile Justice if bond
  114         payment requirements mandate a reduction in deductions
  115         for amounts owed by a county; reenacting s. 27.40(1),
  116         (2)(a), (3)(a), (5), (6), and (7), F.S., relating to
  117         court-appointed counsel; extending for 1 fiscal year
  118         provisions governing the appointment of court
  119         appointed counsel; amending s. 27.5304, F.S., and
  120         reenacting subsections (1), (3), (7), and (11), and
  121         paragraphs (12)(a)-(e), relating to private court
  122         appointed counsel; extending for 1 fiscal year
  123         limitations on compensation for representation in
  124         criminal proceedings; providing for the expiration and
  125         reversion of specified statutory text; creating s.
  126         27.403, F.S.; establishing the Cross-Jurisdictional
  127         Death Penalty Pilot Program within the office of
  128         criminal conflict and civil regional counsel for the
  129         Second Appellate District; providing for the
  130         appointment of alternate counsel in the event of a
  131         conflict; providing for the continuation of an
  132         appointment of representation, notwithstanding
  133         expiration of the pilot program; specifying that
  134         clerks of the circuit court are responsible for
  135         certain costs related to juries which exceed a certain
  136         funding level; reenacting s. 20.316(2) and (3), F.S.,
  137         relating to the Department of Juvenile Justice;
  138         extending for 1 fiscal year provisions creating the
  139         Accountability and Program Support program within the
  140         department; providing for the expiration and reversion
  141         of specified statutory text; requiring the Department
  142         of Management Services to use tenant broker services
  143         to renegotiate or reprocure certain private lease
  144         agreements for office or storage space; requiring the
  145         Department of Management Services to provide a report
  146         to the Governor and the Legislature by a specified
  147         date; prohibiting an agency from transferring funds
  148         from a data processing category to another category
  149         that is not a data processing category; authorizing
  150         the Executive Office of the Governor to transfer funds
  151         appropriated for data processing assessment between
  152         departments for a specified purpose; authorizing the
  153         Executive Office of the Governor to transfer funds
  154         between departments for purposes of aligning amounts
  155         paid for risk management insurance and for human
  156         resources services purchased per statewide contract;
  157         requiring the Department of Financial Services to
  158         replace specified components of the Florida Accounting
  159         Information Resource Subsystem (FLAIR) and the Cash
  160         Management Subsystem (CMS), subject to specified
  161         limitations; requiring the Department of Financial
  162         Services to take certain actions regarding such
  163         replacement; providing for the composition of an
  164         executive steering committee to oversee FLAIR and CMS
  165         replacement; prescribing duties and responsibilities
  166         of the executive steering committee; amending s.
  167         216.181, F.S.; extending for 1 fiscal year the
  168         authority for the Legislative Budget Commission to
  169         increase amounts appropriated to the Fish and Wildlife
  170         Conservation Commission or the Department of
  171         Environmental Protection for certain fixed capital
  172         outlay projects from specified sources; amending s.
  173         215.18, F.S.; extending for 1 fiscal year the
  174         authority of the Governor, if there is a specified
  175         temporary deficiency in a land acquisition trust fund
  176         in the Department of Agriculture and Consumer
  177         Services, the Department of Environmental Protection,
  178         the Department of State, or the Fish and Wildlife
  179         Conservation Commission, to transfer funds from other
  180         trust funds in the State Treasury as a temporary loan
  181         to such trust fund; providing a deadline for the
  182         repayment of a temporary loan; requiring the
  183         Department of Environmental Protection to transfer
  184         designated proportions of the revenues deposited in
  185         the Land Acquisition Trust Fund within the department
  186         to land acquisition trust funds in the Department of
  187         Agriculture and Consumer Services, the Department of
  188         State, and the Fish and Wildlife Conservation
  189         Commission according to specified parameters and
  190         calculations; defining the term “department”;
  191         requiring the Department of Environmental Protection
  192         to make transfers to land acquisition trust funds
  193         monthly; specifying the method of determining transfer
  194         amounts; authorizing the Department of Environmental
  195         Protection to advance funds from its land acquisition
  196         trust fund to the Fish and Wildlife Conservation
  197         Commission’s land acquisition trust fund for specified
  198         purposes; amending s. 375.041, F.S.; specifying that
  199         certain funds for projects dedicated to restoring Lake
  200         Apopka shall be appropriated as provided in the
  201         General Appropriations Act; reenacting s.
  202         570.93(1)(a), F.S., relating to the agricultural water
  203         conservation program of the Department of Agriculture
  204         and Consumer Services; extending for 1 fiscal year
  205         provisions governing administration of a cost-share
  206         program; providing for the expiration and reversion of
  207         specified statutory text; amending s. 259.105, F.S.;
  208         providing for the distribution of proceeds from the
  209         Florida Forever Trust Fund for the 2021-2022 fiscal
  210         year; amending s. 161.101, F.S.; specifying that beach
  211         and inlet management projects be funded as provided in
  212         the General Appropriations Act; reenacting s.
  213         376.3071(15)(g), F.S., relating to the Inland
  214         Protection Trust Fund; exempting specified costs
  215         incurred by certain petroleum storage system owners or
  216         operators during a specified period from the
  217         prohibition against making payments in excess of
  218         amounts approved by the Department of Environmental
  219         Protection; providing for the expiration and reversion
  220         of specified statutory text; amending s. 321.04, F.S.;
  221         extending for 1 fiscal year the requirement that the
  222         Department of Highway Safety and Motor Vehicles assign
  223         one or more patrol officers to the office of
  224         Lieutenant Governor for security purposes, upon
  225         request of the Governor; extending for 1 fiscal year
  226         the requirement that the Department of Highway Safety
  227         and Motor Vehicles assign a patrol officer to a
  228         Cabinet member under certain circumstances; amending
  229         s. 215.559, F.S.; delaying the repeal of provisions
  230         governing the Division of Emergency Management’s
  231         Hurricane Loss Mitigation Program; amending s.
  232         288.80125, F.S.; extending for 1 fiscal year a
  233         requirement that funds in the Triumph Gulf Coast Trust
  234         Fund be used for the Rebuild Florida Revolving Loan
  235         Fund program for purposes related to Hurricane Michael
  236         recovery; amending s. 337.11, F.S.; prohibiting the
  237         Department of Transportation from entering into a
  238         contract exceeding a specified amount with a
  239         consultant for certain services; authorizing the
  240         department to share construction cost savings with
  241         certain consultants, subject to specified limitations;
  242         amending s. 339.08, F.S.; authorizing the transfer of
  243         funds from the State Transportation Trust Fund to the
  244         General Revenue Fund as provided in the General
  245         Appropriations Act; specifying that any amount
  246         transferred be reduced from the total state revenue
  247         deposited into the State Transportation Trust Fund;
  248         amending s. 339.135, F.S.; authorizing the chair and
  249         vice chair of the Legislative Budget Commission to
  250         approve certain work program amendments under
  251         specified circumstances; amending s. 341.052, F.S.;
  252         waiving the limitation on local participation for
  253         certain public transit grants; amending s. 112.061,
  254         F.S.; extending for 1 fiscal year the authorization
  255         for the Lieutenant Governor to designate an
  256         alternative official headquarters under certain
  257         conditions; specifying restrictions, limitations,
  258         eligibility for the subsistence allowance,
  259         reimbursement of transportation expenses, and payment
  260         thereof; amending s. 216.292, F.S.; extending for 1
  261         fiscal year a provision prescribing requirements for
  262         the review of certain transfers of appropriations;
  263         requiring the Department of Management Services to
  264         maintain and offer the same health insurance options
  265         for participants of the State Group Health Insurance
  266         Program for the 2021-2022 fiscal year as applied in
  267         the preceding fiscal year; prohibiting a state agency
  268         from initiating a competitive solicitation for a
  269         product or service under certain circumstances;
  270         providing an exception; amending s. 112.24, F.S.;
  271         extending for 1 fiscal year the authorization, subject
  272         to specified requirements, for the assignment of an
  273         employee of a state agency under an employee
  274         interchange agreement; providing that the annual
  275         salaries of the members of the Legislature be
  276         maintained at a specified level; reenacting s.
  277         215.32(2)(b), F.S., relating to the source and use of
  278         certain trust funds; providing for the future
  279         expiration and reversion of statutory text; specifying
  280         the types of travel which may be used with state
  281         employee travel funds; providing exceptions; providing
  282         a monetary cap on lodging costs for state employee
  283         travel to certain meetings organized or sponsored by a
  284         state agency or the judicial branch; authorizing
  285         employees to expend their own funds for lodging
  286         expenses that exceed the monetary caps; prohibiting a
  287         state agency from entering into a contract containing
  288         certain nondisclosure agreements; reenacting and
  289         amending s. 216.1366, F.S., relating to contract
  290         terms; extending for 1 fiscal year provisions
  291         requiring each public agency contract for services
  292         after a certain date to authorize public agencies to
  293         inspect specified information related to such
  294         contract; incorporating by reference certain
  295         calculations of reversions; authorizing state agencies
  296         to submit budget amendments to implement any necessary
  297         salary increases to address pay plan compression
  298         resulting from the increase in the state minimum wage;
  299         providing conditions under which the veto of certain
  300         appropriations or proviso language in the General
  301         Appropriations Act voids language that implements such
  302         appropriation; providing for the continued operation
  303         of certain provisions notwithstanding a future repeal
  304         or expiration provided by the act; providing
  305         severability; providing effective dates.
  306          
  307  Be It Enacted by the Legislature of the State of Florida:
  308  
  309         Section 1. It is the intent of the Legislature that the
  310  implementing and administering provisions of this act apply to
  311  the General Appropriations Act for the 2021-2022 fiscal year.
  312         Section 2. In order to implement Specific Appropriations 7,
  313  8, 90, and 91 of the 2021-2022 General Appropriations Act, the
  314  calculations of the Florida Education Finance Program for the
  315  2021-2022 fiscal year included in the document titled “Public
  316  School Funding: The Florida Education Finance Program,” dated
  317  March 26, 2021, and filed with the Secretary of the Senate, are
  318  incorporated by reference for the purpose of displaying the
  319  calculations used by the Legislature, consistent with the
  320  requirements of state law, in making appropriations for the
  321  Florida Education Finance Program. This section expires July 1,
  322  2022.
  323         Section 3. In order to implement Specific Appropriations 7
  324  and 90 of the 2021-2022 General Appropriations Act, and
  325  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  326  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  327  expenditure of funds provided for instructional materials, for
  328  the 2021-2022 fiscal year, funds provided for instructional
  329  materials shall be released and expended as required in the
  330  proviso language for Specific Appropriation 90 of the 2021-2022
  331  General Appropriations Act. This section expires July 1, 2022.
  332         Section 4. In order to implement Specific Appropriations 7
  333  and 90 of the 2021-2022 General Appropriations Act, subsections
  334  (8) and (17) of section 1011.62, Florida Statutes, are amended
  335  to read:
  336         1011.62 Funds for operation of schools.—If the annual
  337  allocation from the Florida Education Finance Program to each
  338  district for operation of schools is not determined in the
  339  annual appropriations act or the substantive bill implementing
  340  the annual appropriations act, it shall be determined as
  341  follows:
  342         (8) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.—
  343         (a) In those districts where there is a decline between
  344  prior year and current year unweighted FTE students, a
  345  percentage of the decline in the unweighted FTE students as
  346  determined by the Legislature shall be multiplied by the prior
  347  year calculated FEFP per unweighted FTE student and shall be
  348  added to the allocation for that district. For this purpose, the
  349  calculated FEFP shall be computed by multiplying the weighted
  350  FTE students by the base student allocation and then by the
  351  district cost differential. If a district transfers a program to
  352  another institution not under the authority of the district’s
  353  school board, including a charter technical career center, the
  354  decline is to be multiplied by a factor of 0.15. However, if the
  355  funds provided for the Florida Education Finance Program in the
  356  General Appropriations Act for any fiscal year are reduced by a
  357  subsequent appropriation for that fiscal year, the percent of
  358  the decline in the unweighted FTE students to be funded shall be
  359  determined by the Legislature and designated in the subsequent
  360  appropriation.
  361         (b) The allocation authorized in paragraph (a) is suspended
  362  for the 2021-2022 2020-2021 fiscal year and does not apply
  363  during such fiscal year. This paragraph expires July 1, 2022
  364  2021.
  365         (17) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
  366  Legislature may provide an annual funding compression and hold
  367  harmless allocation in the General Appropriations Act. The
  368  allocation is created to provide additional funding to school
  369  districts if the school district’s total funds per FTE in the
  370  prior year were less than the statewide average or if the school
  371  district’s district cost differential in the current year is
  372  less than the prior year. The total allocation shall be
  373  distributed to eligible school districts as follows:
  374         (a) Using the most recent prior year FEFP calculation for
  375  each eligible school district, subtract the total school
  376  district funds per FTE from the state average funds per FTE, not
  377  including any adjustments made pursuant to paragraph (19)(b).
  378  The resulting funds per FTE difference, or a portion thereof, as
  379  designated in the General Appropriations Act, shall then be
  380  multiplied by the school district’s total unweighted FTE.
  381         (b) Multiply the absolute value of the difference between
  382  the eligible school district’s current year district cost
  383  differential and the prior year district cost differential by a
  384  hold harmless factor as designated in the General Appropriations
  385  Act. The result is the district cost differential hold harmless
  386  index. Multiply the index by the eligible school district’s
  387  weighted FTE and by the base student allocation as designated in
  388  the General Appropriations Act.
  389         (c) For each district, select the greater of Add the
  390  amounts calculated in paragraphs (a) and (b) and upon summation,
  391  if the total amount is greater than the amount included in the
  392  General Appropriations Act, the allocation shall be prorated to
  393  the appropriation amount based on each participating school
  394  district’s share.
  395  
  396  This subsection expires July 1, 2022 2021.
  397         Section 5. In order to implement Specific Appropriation 119
  398  of the 2021-2022 General Appropriations Act, and notwithstanding
  399  the expiration date in section 8 of chapter 2020-114, Laws of
  400  Florida, subsection (1) of section 1001.26, Florida Statutes, is
  401  reenacted to read:
  402         1001.26 Public broadcasting program system.—
  403         (1) There is created a public broadcasting program system
  404  for the state. The department shall provide funds, as
  405  specifically appropriated in the General Appropriations Act, to
  406  educational television stations qualified by the Corporation for
  407  Public Broadcasting or public colleges and universities that are
  408  part of the public broadcasting program system. The program
  409  system must include:
  410         (a) Support for existing Corporation for Public
  411  Broadcasting qualified program system educational television
  412  stations.
  413         (b) Maintenance of quality broadcast capability for
  414  educational stations that are part of the program system.
  415         (c) Interconnection of all educational stations that are
  416  part of the program system for simultaneous broadcast and of
  417  such stations with all universities and other institutions as
  418  necessary for sharing of resources and delivery of programming.
  419         (d) Establishment and maintenance of a capability for
  420  statewide program distribution with facilities and staff,
  421  provided such facilities and staff complement and strengthen
  422  existing educational television stations.
  423         (e) Provision of both statewide programming funds and
  424  station programming support for educational television to meet
  425  statewide priorities. Priorities for station programming need
  426  not be the same as priorities for programming to be used
  427  statewide. Station programming may include, but shall not be
  428  limited to, citizens’ participation programs, music and fine
  429  arts programs, coverage of public hearings and governmental
  430  meetings, equal air time for political candidates, and other
  431  public interest programming.
  432         Section 6. The text of s. 1001.26(1), Florida Statutes, as
  433  carried forward from chapter 2018-10, Laws of Florida, by this
  434  act, expires July 1, 2022, and the text of that subsection shall
  435  revert to that in existence on June 30, 2018, except that any
  436  amendment enacted other than by this act shall be preserved and
  437  continue to operate to the extent that such amendments are not
  438  dependent upon the portions of text which expire pursuant to
  439  this section.
  440         Section 7. In order to implement Specific Appropriation 155
  441  of the 2021-2022 General Appropriations Act, subsection (10) is
  442  added to section 1004.6495, Florida Statutes, to read:
  443         1004.6495 Florida Postsecondary Comprehensive Transition
  444  Program and Florida Center for Students with Unique Abilities.—
  445         (10) FUNDING.—Notwithstanding subparagraph (5)(b)5., and
  446  for the 2021-2022 fiscal year only, FPCTP grants are authorized
  447  as specifically provided in the General Appropriations Act. This
  448  subsection expires July 1, 2022.
  449         Section 8. Effective upon this act becoming a law and in
  450  order to implement Specific Appropriation 145 of the 2021-2022
  451  General Appropriations Act, section 3 of chapter 2020-28, Laws
  452  of Florida, is amended to read:
  453         Section 3. This act shall take effect July 1, 2022 2021.
  454         Section 9. In order to implement Specific Appropriations
  455  129A and 145A of the 2021-2022 General Appropriations Act,
  456  subsection (5) is added to section 1006.73, Florida Statutes, to
  457  read:
  458         1006.73 Florida Academic Library Services Cooperative.—
  459         (5) Notwithstanding any provision of this section and s.
  460  1006.735, the Florida Postsecondary Academic Library Network
  461  shall be overseen by a host entity as determined by the Board of
  462  Governors and the Department of Education.
  463         (a) The network shall include delivery of the following
  464  services to public postsecondary educational institutions in
  465  this state, including all Florida College System institutions
  466  and state universities:
  467         1. Providing information regarding access to distance
  468  learning and degree programs.
  469         2. Identifying and providing online academic support
  470  services and resources when the multi-institutional provision of
  471  such services and resources is more cost-effective and
  472  operationally effective.
  473         3. Administering a single library automation system.
  474         4. Coordinating the negotiation of statewide licensing of
  475  electronic library resources and preferred pricing agreements,
  476  issuing purchase orders, and entering into contracts.
  477         5. Promoting and providing recommendations concerning the
  478  use and distribution of open-access textbooks and education
  479  resources as a method for reducing costs.
  480         (b)The Board of Governors and the Department of Education
  481  shall share in the receipt and administration of the program as
  482  provided in the General Appropriations Act.
  483         (c) This subsection expires July 1, 2022.
  484         Section 10. In order to implement Specific Appropriation
  485  129 of the 2021-2022 General Appropriations Act, subsection (5)
  486  is added to section 1013.40, Florida Statutes, to read:
  487         1013.40 Planning and construction of Florida College System
  488  institution facilities; property acquisition.—
  489         (5) Notwithstanding subsection (3), prior legislative
  490  approval is not required before a facility may be acquired or
  491  constructed by a Florida College System institution or its
  492  direct support organization even if such facility may require
  493  general revenue funds for operation and maintenance upon project
  494  completion or in subsequent years. However, an institution must
  495  report all of the following information for each facility
  496  acquired or constructed to the Legislature by June 30 of each
  497  year: a description of the facility; the estimated annual
  498  operation and maintenance costs; the source of funds to be used
  499  to cover such costs; the estimated date of completion and total
  500  project cost; and any expenditures to date by fund source. This
  501  subsection expires July 1, 2022.
  502         Section 11. In order to implement Specific Appropriations
  503  202, 203, 206, and 210 of the 2021-2022 General Appropriations
  504  Act, the calculations for the Medicaid Hospital Funding programs
  505  for the 2021-2022 fiscal year contained in the document titled
  506  “Medicaid Hospital Funding Programs, Fiscal Year 2021-2022,”
  507  dated March 26, 2021, and filed with the Secretary of the
  508  Senate, are incorporated by reference for the purpose of
  509  displaying the calculations used by the Legislature, consistent
  510  with the requirements of state law, in making appropriations for
  511  the Medicaid Hospital Funding programs. This section expires
  512  July 1, 2022.
  513         Section 12. In order to implement Specific Appropriations
  514  196 through 223 and 515 of the 2021-2022 General Appropriations
  515  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  516  Statutes, the Agency for Health Care Administration, in
  517  consultation with the Department of Health, may submit a budget
  518  amendment, subject to the notice, review, and objection
  519  procedures of s. 216.177, Florida Statutes, to realign funding
  520  within and between agencies based on implementation of the
  521  managed medical assistance component of the Statewide Medicaid
  522  Managed Care program for the Children’s Medical Services program
  523  of the Department of Health. The funding realignment shall
  524  reflect the actual enrollment changes due to the transfer of
  525  beneficiaries from fee-for-service to the capitated Children’s
  526  Medical Services network. The Agency for Health Care
  527  Administration may submit a request for nonoperating budget
  528  authority to transfer the federal funds to the Department of
  529  Health pursuant to s. 216.181(12), Florida Statutes. This
  530  section expires July 1, 2022.
  531         Section 13. In order to implement Specific Appropriations
  532  196 through 223 of the 2021-2022 General Appropriations Act, and
  533  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  534  Agency for Health Care Administration may submit a budget
  535  amendment, subject to the notice, review, and objection
  536  procedures of s. 216.177, Florida Statutes, to realign funding
  537  within the Medicaid program appropriation categories to address
  538  projected surpluses and deficits within the program and to
  539  maximize the use of state trust funds. A single budget amendment
  540  shall be submitted in the last quarter of the 2021-2022 fiscal
  541  year only. This section expires July 1, 2022.
  542         Section 14. In order to implement Specific Appropriations
  543  175 through 180 and 515 of the 2021-2022 General Appropriations
  544  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  545  Statutes, the Agency for Health Care Administration and the
  546  Department of Health may each submit a budget amendment, subject
  547  to the notice, review, and objection procedures of s. 216.177,
  548  Florida Statutes, to realign funding within the Florida Kidcare
  549  program appropriation categories, or to increase budget
  550  authority in the Children’s Medical Services network category,
  551  to address projected surpluses and deficits within the program
  552  or to maximize the use of state trust funds. A single budget
  553  amendment must be submitted by each agency in the last quarter
  554  of the 2021-2022 fiscal year only. This section expires July 1,
  555  2022.
  556         Section 15. In order to implement Specific Appropriations
  557  460 through 462, 466, 467, and 474 of the 2021-2022 General
  558  Appropriations Act, subsection (17) of section 381.986, Florida
  559  Statutes, is amended to read:
  560         381.986 Medical use of marijuana.—
  561         (17) Rules adopted pursuant to this section before July 1,
  562  2022 2021, are not subject to ss. 120.54(3)(b) and 120.541. This
  563  subsection expires July 1, 2022 2021.
  564         Section 16. In order to implement Specific Appropriations
  565  460 through 462, 466, 467, and 474 of the 2021-2022 General
  566  Appropriations Act, subsection (11) of section 381.988, Florida
  567  Statutes, is amended to read:
  568         381.988 Medical marijuana testing laboratories; marijuana
  569  tests conducted by a certified laboratory.—
  570         (11) Rules adopted under subsection (9) before July 1, 2022
  571  2021, are not subject to ss. 120.54(3)(b) and 120.541. This
  572  subsection expires July 1, 2022 2021.
  573         Section 17. Effective July 1, 2021, upon the expiration and
  574  reversion of the amendments made to subsection (1) of section 14
  575  of chapter 2017-232, Laws of Florida, pursuant to section 34 of
  576  chapter 2020-114, Laws of Florida, and in order to implement
  577  Specific Appropriations 460 through 462, 466, 467, and 474 of
  578  the 2021-2022 General Appropriations Act, subsection (1) of
  579  section 14 of chapter 2017-232, Laws of Florida, is amended to
  580  read:
  581         Section 14. Department of Health; authority to adopt rules;
  582  cause of action.—
  583         (1) EMERGENCY RULEMAKING.—
  584         (a) The Department of Health and the applicable boards
  585  shall adopt emergency rules pursuant to s. 120.54(4), Florida
  586  Statutes, and this section necessary to implement ss. 381.986
  587  and 381.988, Florida Statutes. If an emergency rule adopted
  588  under this section is held to be unconstitutional or an invalid
  589  exercise of delegated legislative authority, and becomes void,
  590  the department or the applicable boards may adopt an emergency
  591  rule pursuant to this section to replace the rule that has
  592  become void. If the emergency rule adopted to replace the void
  593  emergency rule is also held to be unconstitutional or an invalid
  594  exercise of delegated legislative authority and becomes void,
  595  the department and the applicable boards must follow the
  596  nonemergency rulemaking procedures of the Administrative
  597  Procedures Act to replace the rule that has become void.
  598         (b) For emergency rules adopted under this section, the
  599  department and the applicable boards need not make the findings
  600  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
  601  adopted under this section are exempt from ss. 120.54(3)(b) and
  602  120.541, Florida Statutes. The department and the applicable
  603  boards shall meet the procedural requirements in s. 120.54(4)(a)
  604  s. 120.54(a), Florida Statutes, if the department or the
  605  applicable boards have, before July 1, 2019 the effective date
  606  of this act, held any public workshops or hearings on the
  607  subject matter of the emergency rules adopted under this
  608  subsection. Challenges to emergency rules adopted under this
  609  subsection are subject to the time schedules provided in s.
  610  120.56(5), Florida Statutes.
  611         (c) Emergency rules adopted under this section are exempt
  612  from s. 120.54(4)(c), Florida Statutes, and shall remain in
  613  effect until replaced by rules adopted under the nonemergency
  614  rulemaking procedures of the Administrative Procedures Act.
  615  Rules adopted under the nonemergency rulemaking procedures of
  616  the Administrative Procedures Act to replace emergency rules
  617  adopted under this section are exempt from ss. 120.54(3)(b) and
  618  120.541, Florida Statutes. By July 1, 2022 January 1, 2018, the
  619  department and the applicable boards shall initiate nonemergency
  620  rulemaking pursuant to the Administrative Procedures Act to
  621  replace all emergency rules adopted under this section by
  622  publishing a notice of rule development in the Florida
  623  Administrative Register. Except as provided in paragraph (a),
  624  after July 1, 2022 January 1, 2018, the department and
  625  applicable boards may not adopt rules pursuant to the emergency
  626  rulemaking procedures provided in this section.
  627         Section 18. The amendments to s. 14(1) of chapter 2017-232,
  628  Laws of Florida, made by this act expire July 1, 2022, and the
  629  text of that subsection shall revert to that in existence on
  630  June 30, 2019, except that any amendments to such text enacted
  631  other than by this act shall be preserved and continue to
  632  operate to the extent that such amendments are not dependent
  633  upon the portions of text which expire pursuant to this section.
  634         Section 19. In order to implement Specific Appropriations
  635  321, 323, 352, and 353 of the 2021-2022 General Appropriations
  636  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  637  Statutes, the Department of Children and Families may submit a
  638  budget amendment, subject to the notice, review, and objection
  639  procedures of s. 216.177, Florida Statutes, to realign funding
  640  within the department based on the implementation of the
  641  Guardianship Assistance Program, between and among the specific
  642  appropriations for guardianship assistance payments, foster care
  643  Level 1 room and board payments, relative caregiver payments,
  644  and nonrelative caregiver payments. This section expires July 1,
  645  2022.
  646         Section 20. In order to implement Specific Appropriations
  647  463 and 500 of the 2021-2022 General Appropriations Act, and
  648  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  649  Department of Health may submit a budget amendment, subject to
  650  the notice, review, and objection procedures of s. 216.177,
  651  Florida Statutes, to increase budget authority for the HIV/AIDS
  652  Prevention and Treatment Program if additional federal revenues
  653  specific to HIV/AIDS prevention and treatment become available
  654  in the 2021-2022 fiscal year. This section expires July 1, 2022.
  655         Section 21. In order to implement Specific Appropriation
  656  190 of the 2021-2022 General Appropriations Act:
  657         (1)The Agency for Health Care Administration shall replace
  658  the current Florida Medicaid Management Information System
  659  (FMMIS) and fiscal agent operations with a system that is
  660  modular, interoperable, and scalable for the Florida Medicaid
  661  program which complies with all applicable federal and state
  662  laws and requirements. The agency may not include in the project
  663  to replace the current FMMIS and fiscal agent contract:
  664         (a)Functionality that duplicates any of the information
  665  systems of the other health and human services state agencies;
  666  or
  667         (b)Procurement for agency requirements external to
  668  Medicaid programs with the intent to leverage the Medicaid
  669  technology infrastructure for other purposes without legislative
  670  appropriation or legislative authorization to procure these
  671  requirements.
  672  
  673  The new system, the Florida Health Care Connection (FX) system,
  674  must provide better integration with subsystems supporting
  675  Florida’s Medicaid program; uniformity, consistency, and
  676  improved access to data; and compatibility with the Centers for
  677  Medicare and Medicaid Services’ Medicaid Information Technology
  678  Architecture (MITA) as the system matures and expands its
  679  functionality.
  680         (2)For purposes of replacing FMMIS and the current
  681  Medicaid fiscal agent, the Agency for Health Care Administration
  682  shall:
  683         (a)Prioritize procurements for the replacement of the
  684  current functions of FMMIS and the responsibilities of the
  685  current Medicaid fiscal agent to minimize the need to extend all
  686  or portions of the current fiscal agent contract.
  687         (b)Comply with and not exceed the Centers for Medicare and
  688  Medicaid Services funding authorizations for the FX system.
  689         (c)Ensure compliance and uniformity with published MITA
  690  framework and guidelines.
  691         (d)Ensure that all business requirements and technical
  692  specifications have been provided to all affected state agencies
  693  for their review and input and approved by the executive
  694  steering committee established in paragraph (g).
  695         (e)Consult with the Executive Office of the Governor’s
  696  working group for interagency information technology integration
  697  for the development of competitive solicitations that provide
  698  for data interoperability and shared information technology
  699  services across the state’s health and human services agencies.
  700         (f)Implement a data governance structure for the project
  701  to coordinate data sharing and interoperability across state
  702  health care entities.
  703         (g)Implement a project governance structure that includes
  704  an executive steering committee composed of:
  705         1.The Secretary of Health Care Administration, or the
  706  executive sponsor of the project.
  707         2.The Assistant Secretary for Child Welfare of the
  708  Department of Children and Families, or his or her designee.
  709         3.The Assistant Secretary for Economic Self-Sufficiency of
  710  the Department of Children and Families, or his or her designee.
  711         4.Two employees from the Division of Medicaid of the
  712  Agency for Health Care Administration, appointed by the
  713  Secretary of Health Care Administration.
  714         5.A representative of the Division of Health Quality
  715  Assurance of the Agency for Health Care Administration,
  716  appointed by the Secretary of Health Care Administration.
  717         6.A representative of the Florida Center for Health
  718  Information and Transparency of the Agency for Health Care
  719  Administration, appointed by the Secretary of Health Care
  720  Administration.
  721         7.A representative of the Division of Operations of the
  722  Agency for Health Care Administration, appointed by the
  723  Secretary of Health Care Administration.
  724         8.The chief information officer of the Agency for Health
  725  Care Administration, or his or her designee.
  726         9.The state chief information officer or designee.
  727         10.The Deputy Secretary for Children’s Medical Services of
  728  the Department of Health, or his or her designee.
  729         11.A representative of the Agency for Persons with
  730  Disabilities who has experience with the preparation and
  731  submission of waivers to the Centers for Medicare and Medicaid
  732  Services, appointed by the director of the Agency for Persons
  733  with Disabilities.
  734         12.A representative from the Florida Healthy Kids
  735  Corporation.
  736         13.A representative from the Department of Elderly Affairs
  737  who has experience with the Medicaid Program within that
  738  department, appointed by the Secretary of Elderly Affairs.
  739         14.A representative of the Department of Financial
  740  Services who has experience with the state’s financial processes
  741  including development of the PALM system, appointed by the Chief
  742  Financial Officer.
  743         (3)The Secretary of Health Care Administration or the
  744  executive sponsor of the project shall serve as chair of the
  745  executive steering committee, and the committee shall take
  746  action by a vote of at least 10 affirmative votes with the chair
  747  voting on the prevailing side. A quorum of the executive
  748  steering committee consists of at least 11 members.
  749         (4)The executive steering committee has the overall
  750  responsibility for ensuring that the project to replace FMMIS
  751  and the Medicaid fiscal agent meets its primary business
  752  objectives and shall:
  753         (a)Identify and recommend to the Executive Office of the
  754  Governor, the President of the Senate, and the Speaker of the
  755  House of Representatives any statutory changes needed to
  756  implement the modular replacement to standardize, to the fullest
  757  extent possible, the state’s health care data and business
  758  processes.
  759         (b)Review and approve any changes to the project’s scope,
  760  schedule, and budget which do not conflict with the requirements
  761  of subsections (1) and (2).
  762         (c)Ensure that adequate resources are provided throughout
  763  all phases of the project.
  764         (d)Approve all major project deliverables.
  765         (e)Approve all solicitation-related documents associated
  766  with the replacement of the current FMMIS and Medicaid fiscal
  767  agent.
  768         (5)This section expires July 1, 2022.
  769         Section 22. In order to implement Specific Appropriations
  770  572 through 676 and 692 through 726 of the 2021-2022 General
  771  Appropriations Act, subsection (4) of section 216.262, Florida
  772  Statutes, is amended to read:
  773         216.262 Authorized positions.—
  774         (4) Notwithstanding the provisions of this chapter relating
  775  to increasing the number of authorized positions, and for the
  776  2021-2022 2020-2021 fiscal year only, if the actual inmate
  777  population of the Department of Corrections exceeds the inmate
  778  population projections of the March 17, 2021 December 17, 2019,
  779  Criminal Justice Estimating Conference by 1 percent for 2
  780  consecutive months or 2 percent for any month, the Executive
  781  Office of the Governor, with the approval of the Legislative
  782  Budget Commission, shall immediately notify the Criminal Justice
  783  Estimating Conference, which shall convene as soon as possible
  784  to revise the estimates. The Department of Corrections may then
  785  submit a budget amendment requesting the establishment of
  786  positions in excess of the number authorized by the Legislature
  787  and additional appropriations from unallocated general revenue
  788  sufficient to provide for essential staff, fixed capital
  789  improvements, and other resources to provide classification,
  790  security, food services, health services, and other variable
  791  expenses within the institutions to accommodate the estimated
  792  increase in the inmate population. All actions taken pursuant to
  793  this subsection are subject to review and approval by the
  794  Legislative Budget Commission. This subsection expires July 1,
  795  2022 2021.
  796         Section 23. In order to implement Specific Appropriation
  797  714 of the 2021-2022 General Appropriations Act, and upon the
  798  expiration and reversion of the amendments made by section 54 of
  799  chapter 2020-114, Laws of Florida, paragraph (b) of subsection
  800  (8) of section 1011.80, Florida Statutes, is amended to read:
  801         1011.80 Funds for operation of workforce education
  802  programs.—
  803         (8)
  804         (b) State funds provided for the operation of postsecondary
  805  workforce programs may not be expended for the education of
  806  state or federal inmates, except to the extent that such funds
  807  are specifically appropriated for such purpose in the 2021-2022
  808  General Appropriations Act with more than 24 months of time
  809  remaining to serve on their sentences or federal inmates.
  810         Section 24. The amendment to s. 1011.80(8)(b), Florida
  811  Statutes, made by this act expires July 1, 2022, and the text of
  812  that paragraph shall revert to that in existence on July 1,
  813  2019, but not including any amendments made by this act or
  814  chapters 2020-114, 2019-116, and 2018-10, Laws of Florida, and
  815  any amendments to such text enacted other than by this act shall
  816  be preserved and continue to operate to the extent that such
  817  amendments are not dependent upon the portions of text which
  818  expire pursuant to this section.
  819         Section 25. In order to implement Specific Appropriations
  820  3113 through 3179 of the 2021-2022 General Appropriations Act,
  821  subsection (2) of section 215.18, Florida Statutes, is amended
  822  to read:
  823         215.18 Transfers between funds; limitation.—
  824         (2) The Chief Justice of the Supreme Court may receive one
  825  or more trust fund loans to ensure that the state court system
  826  has funds sufficient to meet its appropriations in the 2021-2022
  827  2020-2021 General Appropriations Act. If the Chief Justice
  828  accesses the loan, he or she must notify the Governor and the
  829  chairs of the legislative appropriations committees in writing.
  830  The loan must come from other funds in the State Treasury which
  831  are for the time being or otherwise in excess of the amounts
  832  necessary to meet the just requirements of such last-mentioned
  833  funds. The Governor shall order the transfer of funds within 5
  834  days after the written notification from the Chief Justice. If
  835  the Governor does not order the transfer, the Chief Financial
  836  Officer shall transfer the requested funds. The loan of funds
  837  from which any money is temporarily transferred must be repaid
  838  by the end of the 2021-2022 2020-2021 fiscal year. This
  839  subsection expires July 1, 2022 2021.
  840         Section 26. In order to implement Specific Appropriations
  841  1105 through 1116 of the 2021-2022 General Appropriations Act:
  842         (1) The Department of Juvenile Justice is required to
  843  review county juvenile detention payments to ensure that
  844  counties fulfill their financial responsibilities required in s.
  845  985.6865, Florida Statutes. If the Department of Juvenile
  846  Justice determines that a county has not met its obligations,
  847  the department shall direct the Department of Revenue to deduct
  848  the amount owed to the Department of Juvenile Justice from the
  849  funds provided to the county under s. 218.23, Florida Statutes.
  850  The Department of Revenue shall transfer the funds withheld to
  851  the Shared County/State Juvenile Detention Trust Fund.
  852         (2)As an assurance to holders of bonds issued by counties
  853  before July 1, 2021, for which distributions made pursuant to s.
  854  218.23, Florida Statutes, are pledged, or bonds issued to refund
  855  such bonds which mature no later than the bonds they refunded
  856  and which result in a reduction of debt service payable in each
  857  fiscal year, the amount available for distribution to a county
  858  shall remain as provided by law and continue to be subject to
  859  any lien or claim on behalf of the bondholders. The Department
  860  of Revenue must ensure, based on information provided by an
  861  affected county, that any reduction in amounts distributed
  862  pursuant to subsection (1) does not reduce the amount of
  863  distribution to a county below the amount necessary for the
  864  timely payment of principal and interest when due on the bonds
  865  and the amount necessary to comply with any covenant under the
  866  bond resolution or other documents relating to the issuance of
  867  the bonds. If a reduction to a county’s monthly distribution
  868  must be decreased in order to comply with this section, the
  869  Department of Revenue must notify the Department of Juvenile
  870  Justice of the amount of the decrease, and the Department of
  871  Juvenile Justice must send a bill for payment of such amount to
  872  the affected county.
  873         (3)This section expires July 1, 2022.
  874         Section 27. In order to implement Specific Appropriations
  875  736 through 757, 905 through 1048, and 1069 through 1104 of the
  876  2021-2022 General Appropriations Act, and notwithstanding the
  877  expiration date in section 59 of chapter 2020-114, Laws of
  878  Florida, subsection (1), paragraph (a) of subsection (2),
  879  paragraph (a) of subsection (3), and subsections (5), (6), and
  880  (7) of section 27.40, Florida Statutes, are reenacted to read:
  881         27.40 Court-appointed counsel; circuit registries; minimum
  882  requirements; appointment by court.—
  883         (1) Counsel shall be appointed to represent any individual
  884  in a criminal or civil proceeding entitled to court-appointed
  885  counsel under the Federal or State Constitution or as authorized
  886  by general law. The court shall appoint a public defender to
  887  represent indigent persons as authorized in s. 27.51. The office
  888  of criminal conflict and civil regional counsel shall be
  889  appointed to represent persons in those cases in which provision
  890  is made for court-appointed counsel, but only after the public
  891  defender has certified to the court in writing that the public
  892  defender is unable to provide representation due to a conflict
  893  of interest or is not authorized to provide representation. The
  894  public defender shall report, in the aggregate, the specific
  895  basis of all conflicts of interest certified to the court. On a
  896  quarterly basis, the public defender shall submit this
  897  information to the Justice Administrative Commission.
  898         (2)(a) Private counsel shall be appointed to represent
  899  persons in those cases in which provision is made for court
  900  appointed counsel but only after the office of criminal conflict
  901  and civil regional counsel has been appointed and has certified
  902  to the court in writing that the criminal conflict and civil
  903  regional counsel is unable to provide representation due to a
  904  conflict of interest. The criminal conflict and civil regional
  905  counsel shall report, in the aggregate, the specific basis of
  906  all conflicts of interest certified to the court. On a quarterly
  907  basis, the criminal conflict and civil regional counsel shall
  908  submit this information to the Justice Administrative
  909  Commission.
  910         (3) In using a registry:
  911         (a) The chief judge of the circuit shall compile a list of
  912  attorneys in private practice, by county and by category of
  913  cases, and provide the list to the clerk of court in each
  914  county. The chief judge of the circuit may restrict the number
  915  of attorneys on the general registry list. To be included on a
  916  registry, an attorney must certify that he or she:
  917         1. Meets any minimum requirements established by the chief
  918  judge and by general law for court appointment;
  919         2. Is available to represent indigent defendants in cases
  920  requiring court appointment of private counsel; and
  921         3. Is willing to abide by the terms of the contract for
  922  services, s. 27.5304, and this section.
  923  
  924  To be included on a registry, an attorney must enter into a
  925  contract for services with the Justice Administrative
  926  Commission. Failure to comply with the terms of the contract for
  927  services may result in termination of the contract and removal
  928  from the registry. Each attorney on the registry is responsible
  929  for notifying the clerk of the court and the Justice
  930  Administrative Commission of any change in his or her status.
  931  Failure to comply with this requirement is cause for termination
  932  of the contract for services and removal from the registry until
  933  the requirement is fulfilled.
  934         (5) The Justice Administrative Commission shall approve
  935  uniform contract forms for use in procuring the services of
  936  private court-appointed counsel and uniform procedures and forms
  937  for use by a court-appointed attorney in support of billing for
  938  attorney’s fees, costs, and related expenses to demonstrate the
  939  attorney’s completion of specified duties. Such uniform
  940  contracts and forms for use in billing must be consistent with
  941  s. 27.5304, s. 216.311, and the General Appropriations Act and
  942  must contain the following statement: “The State of Florida’s
  943  performance and obligation to pay under this contract is
  944  contingent upon an annual appropriation by the Legislature.”
  945         (6) After court appointment, the attorney must immediately
  946  file a notice of appearance with the court indicating acceptance
  947  of the appointment to represent the defendant and of the terms
  948  of the uniform contract as specified in subsection (5).
  949         (7)(a) A private attorney appointed by the court from the
  950  registry to represent a client is entitled to payment as
  951  provided in s. 27.5304 so long as the requirements of subsection
  952  (1) and paragraph (2)(a) are met. An attorney appointed by the
  953  court who is not on the registry list may be compensated under
  954  s. 27.5304 only if the court finds in the order of appointment
  955  that there were no registry attorneys available for
  956  representation for that case and only if the requirements of
  957  subsection (1) and paragraph (2)(a) are met.
  958         (b)1. The flat fee established in s. 27.5304 and the
  959  General Appropriations Act shall be presumed by the court to be
  960  sufficient compensation. The attorney shall maintain appropriate
  961  documentation, including contemporaneous and detailed hourly
  962  accounting of time spent representing the client. If the
  963  attorney fails to maintain such contemporaneous and detailed
  964  hourly records, the attorney waives the right to seek
  965  compensation in excess of the flat fee established in s. 27.5304
  966  and the General Appropriations Act. These records and documents
  967  are subject to review by the Justice Administrative Commission
  968  and audit by the Auditor General, subject to the attorney-client
  969  privilege and work-product privilege. The attorney shall
  970  maintain the records and documents in a manner that enables the
  971  attorney to redact any information subject to a privilege in
  972  order to facilitate the commission’s review of the records and
  973  documents and not to impede such review. The attorney may redact
  974  information from the records and documents only to the extent
  975  necessary to comply with the privilege. The Justice
  976  Administrative Commission shall review such records and shall
  977  contemporaneously document such review before authorizing
  978  payment to an attorney. Objections by or on behalf of the
  979  Justice Administrative Commission to records or documents or to
  980  claims for payment by the attorney shall be presumed correct by
  981  the court unless the court determines, in writing, that
  982  competent and substantial evidence exists to justify overcoming
  983  the presumption.
  984         2. If an attorney fails, refuses, or declines to permit the
  985  commission or the Auditor General to review documentation for a
  986  case as provided in this paragraph, the attorney waives the
  987  right to seek, and the commission may not pay, compensation in
  988  excess of the flat fee established in s. 27.5304 and the General
  989  Appropriations Act for that case.
  990         3. A finding by the commission that an attorney has waived
  991  the right to seek compensation in excess of the flat fee
  992  established in s. 27.5304 and the General Appropriations Act, as
  993  provided in this paragraph, shall be presumed to be correct,
  994  unless the court determines, in writing, that competent and
  995  substantial evidence exists to justify overcoming the
  996  presumption.
  997         Section 28. In order to implement Specific Appropriations
  998  736 through 757, 905 through 1048, and 1069 through 1104 of the
  999  2021-2022 General Appropriations Act, and notwithstanding the
 1000  expiration date in section 59 of chapter 2020-114, Laws of
 1001  Florida, subsection (13) of section 27.5304, Florida Statutes,
 1002  is amended, and subsections (1), (3), (7), and (11), and
 1003  paragraphs (a) through (e) of subsection (12) of that section
 1004  are reenacted, to read:
 1005         27.5304 Private court-appointed counsel; compensation;
 1006  notice.—
 1007         (1) Private court-appointed counsel appointed in the manner
 1008  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1009  Justice Administrative Commission only as provided in this
 1010  section and the General Appropriations Act. The flat fees
 1011  prescribed in this section are limitations on compensation. The
 1012  specific flat fee amounts for compensation shall be established
 1013  annually in the General Appropriations Act. The attorney also
 1014  shall be reimbursed for reasonable and necessary expenses in
 1015  accordance with s. 29.007. If the attorney is representing a
 1016  defendant charged with more than one offense in the same case,
 1017  the attorney shall be compensated at the rate provided for the
 1018  most serious offense for which he or she represented the
 1019  defendant. This section does not allow stacking of the fee
 1020  limits established by this section.
 1021         (3) The court retains primary authority and responsibility
 1022  for determining the reasonableness of all billings for attorney
 1023  fees, costs, and related expenses, subject to statutory
 1024  limitations and the requirements of s. 27.40(7). Private court
 1025  appointed counsel is entitled to compensation upon final
 1026  disposition of a case.
 1027         (7) Counsel eligible to receive compensation from the state
 1028  for representation pursuant to court appointment made in
 1029  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1030  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1031  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1032  744, or chapter 984 shall receive compensation not to exceed the
 1033  limits prescribed in the General Appropriations Act. Any such
 1034  compensation must be determined as provided in s. 27.40(7).
 1035         (11) It is the intent of the Legislature that the flat fees
 1036  prescribed under this section and the General Appropriations Act
 1037  comprise the full and complete compensation for private court
 1038  appointed counsel. It is further the intent of the Legislature
 1039  that the fees in this section are prescribed for the purpose of
 1040  providing counsel with notice of the limit on the amount of
 1041  compensation for representation in particular proceedings and
 1042  the sole procedure and requirements for obtaining payment for
 1043  the same.
 1044         (a) If court-appointed counsel moves to withdraw prior to
 1045  the full performance of his or her duties through the completion
 1046  of the case, the court shall presume that the attorney is not
 1047  entitled to the payment of the full flat fee established under
 1048  this section and the General Appropriations Act.
 1049         (b) If court-appointed counsel is allowed to withdraw from
 1050  representation prior to the full performance of his or her
 1051  duties through the completion of the case and the court appoints
 1052  a subsequent attorney, the total compensation for the initial
 1053  and any and all subsequent attorneys may not exceed the flat fee
 1054  established under this section and the General Appropriations
 1055  Act, except as provided in subsection (12).
 1056  
 1057  This subsection constitutes notice to any subsequently appointed
 1058  attorney that he or she will not be compensated the full flat
 1059  fee.
 1060         (12) The Legislature recognizes that on rare occasions an
 1061  attorney may receive a case that requires extraordinary and
 1062  unusual effort.
 1063         (a) If counsel seeks compensation that exceeds the limits
 1064  prescribed by law, he or she must file a motion with the chief
 1065  judge for an order approving payment of attorney fees in excess
 1066  of these limits.
 1067         1. Before filing the motion, the counsel shall deliver a
 1068  copy of the intended billing, together with supporting
 1069  affidavits and all other necessary documentation, to the Justice
 1070  Administrative Commission.
 1071         2. The Justice Administrative Commission shall review the
 1072  billings, affidavit, and documentation for completeness and
 1073  compliance with contractual and statutory requirements and shall
 1074  contemporaneously document such review before authorizing
 1075  payment to an attorney. If the Justice Administrative Commission
 1076  objects to any portion of the proposed billing, the objection
 1077  and supporting reasons must be communicated in writing to the
 1078  private court-appointed counsel. The counsel may thereafter file
 1079  his or her motion, which must specify whether the commission
 1080  objects to any portion of the billing or the sufficiency of
 1081  documentation, and shall attach the commission’s letter stating
 1082  its objection.
 1083         (b) Following receipt of the motion to exceed the fee
 1084  limits, the chief judge or a single designee shall hold an
 1085  evidentiary hearing. The chief judge may select only one judge
 1086  per circuit to hear and determine motions pursuant to this
 1087  subsection, except multicounty circuits and the eleventh circuit
 1088  may have up to two designees.
 1089         1. At the hearing, the attorney seeking compensation must
 1090  prove by competent and substantial evidence that the case
 1091  required extraordinary and unusual efforts. The chief judge or
 1092  single designee shall consider criteria such as the number of
 1093  witnesses, the complexity of the factual and legal issues, and
 1094  the length of trial. The fact that a trial was conducted in a
 1095  case does not, by itself, constitute competent substantial
 1096  evidence of an extraordinary and unusual effort. In a criminal
 1097  case, relief under this section may not be granted if the number
 1098  of work hours does not exceed 75 or the number of the state’s
 1099  witnesses deposed does not exceed 20.
 1100         2. Objections by or on behalf of the Justice Administrative
 1101  Commission to records or documents or to claims for payment by
 1102  the attorney shall be presumed correct by the court unless the
 1103  court determines, in writing, that competent and substantial
 1104  evidence exists to justify overcoming the presumption. The chief
 1105  judge or single designee shall enter a written order detailing
 1106  his or her findings and identifying the extraordinary nature of
 1107  the time and efforts of the attorney in the case which warrant
 1108  exceeding the flat fee established by this section and the
 1109  General Appropriations Act.
 1110         (c) A copy of the motion and attachments shall be served on
 1111  the Justice Administrative Commission at least 20 business days
 1112  before the date of a hearing. The Justice Administrative
 1113  Commission has standing to appear before the court, and may
 1114  appear in person or telephonically, including at the hearing
 1115  under paragraph (b), to contest any motion for an order
 1116  approving payment of attorney fees, costs, or related expenses
 1117  and may participate in a hearing on the motion by use of
 1118  telephonic or other communication equipment. The Justice
 1119  Administrative Commission may contract with other public or
 1120  private entities or individuals to appear before the court for
 1121  the purpose of contesting any motion for an order approving
 1122  payment of attorney fees, costs, or related expenses. The fact
 1123  that the Justice Administrative Commission has not objected to
 1124  any portion of the billing or to the sufficiency of the
 1125  documentation is not binding on the court.
 1126         (d) If the chief judge or a single designee finds that
 1127  counsel has proved by competent and substantial evidence that
 1128  the case required extraordinary and unusual efforts, the chief
 1129  judge or single designee shall order the compensation to be paid
 1130  to the attorney at a percentage above the flat fee rate,
 1131  depending on the extent of the unusual and extraordinary effort
 1132  required. The percentage must be only the rate necessary to
 1133  ensure that the fees paid are not confiscatory under common law.
 1134  The percentage may not exceed 200 percent of the established
 1135  flat fee, absent a specific finding that 200 percent of the flat
 1136  fee in the case would be confiscatory. If the chief judge or
 1137  single designee determines that 200 percent of the flat fee
 1138  would be confiscatory, he or she shall order the amount of
 1139  compensation using an hourly rate not to exceed $75 per hour for
 1140  a noncapital case and $100 per hour for a capital case. However,
 1141  the compensation calculated by using the hourly rate shall be
 1142  only that amount necessary to ensure that the total fees paid
 1143  are not confiscatory, subject to the requirements of s.
 1144  27.40(7).
 1145         (e) Any order granting relief under this subsection must be
 1146  attached to the final request for a payment submitted to the
 1147  Justice Administrative Commission and must satisfy the
 1148  requirements of subparagraph (b)2.
 1149         (13) Notwithstanding the limitation set forth in subsection
 1150  (5) and for the 2021-2022 2020-2021 fiscal year only, the
 1151  compensation for representation in a criminal proceeding may not
 1152  exceed the following:
 1153         (a) For misdemeanors and juveniles represented at the trial
 1154  level: $1,000.
 1155         (b) For noncapital, nonlife felonies represented at the
 1156  trial level: $15,000.
 1157         (c) For life felonies represented at the trial level:
 1158  $15,000.
 1159         (d) For capital cases represented at the trial level:
 1160  $25,000. For purposes of this paragraph, a “capital case” is any
 1161  offense for which the potential sentence is death and the state
 1162  has not waived seeking the death penalty.
 1163         (e) For representation on appeal: $9,000.
 1164         (f) This subsection expires July 1, 2022 2021.
 1165         Section 29. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1166  (5), (6), and (7), Florida Statutes, and s. 27.5304(1), (3),
 1167  (7), (11), and (12)(a)-(e), Florida Statutes, as carried forward
 1168  from chapter 2019-116, Laws of Florida, by this act, expire July
 1169  1, 2022, and the text of those subsections and paragraphs, as
 1170  applicable, shall revert to that in existence on June 30, 2019,
 1171  except that any amendments to such text enacted other than by
 1172  this act shall be preserved and continue to operate to the
 1173  extent that such amendments are not dependent upon the portions
 1174  of text which expire pursuant to this section.
 1175         Section 30. In order to implement Specific Appropriations
 1176  1076, 1078, 1080, and 1082 of the 2021-2022 General
 1177  Appropriations Act, section 27.403, Florida Statutes, is created
 1178  to read:
 1179         27.403 Cross-Jurisdictional Death Penalty Pilot Program.—
 1180         (1) The Cross-Jurisdictional Death Penalty Pilot Program is
 1181  established within the office of criminal conflict and civil
 1182  regional counsel for the region comprising the Second Appellate
 1183  District.
 1184         (2) Notwithstanding ss. 27.40 and 27.5305, if the public
 1185  defender in the Fifth Judicial Circuit or the Ninth Judicial
 1186  Circuit is unable to provide representation to an indigent
 1187  defendant charged with a crime under s. 782.04(1), s.
 1188  790.161(4), or s. 921.141 due to a conflict of interest and the
 1189  criminal conflict and civil regional counsel for the region
 1190  comprising the Fifth Appellate District is also unable to
 1191  provide representation to such defendant due to a conflict of
 1192  interest, the criminal conflict and civil regional counsel for
 1193  the region comprising the Second Appellate District shall be
 1194  appointed. If the criminal conflict and civil regional counsel
 1195  for the region comprising the Second Appellate District is
 1196  unable to provide representation due to a conflict of interest,
 1197  then private counsel shall be appointed.
 1198         (3) The Cross-Jurisdictional Death Penalty Pilot Program
 1199  expires June 30, 2022. However, appointments made pursuant to
 1200  this section before June 30, 2022, shall continue until
 1201  completion of the case.
 1202         (4) This section expires July 1, 2022.
 1203         Section 31. In order to implement Specific Appropriation
 1204  741 of the 2021-2022 General Appropriations Act, and
 1205  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1206  circuit court are responsible for any costs of compensation to
 1207  jurors, for meals or lodging provided to jurors, and for jury
 1208  related personnel costs that exceed the funding provided in the
 1209  General Appropriations Act for these purposes. This section
 1210  expires July 1, 2022.
 1211         Section 32. In order to implement Specific Appropriations
 1212  1105 through 1187A of the 2021-2022 General Appropriations Act,
 1213  and notwithstanding the expiration date in section 65 of chapter
 1214  2020-114, Laws of Florida, subsections (2) and (3) of section
 1215  20.316, Florida Statutes, are reenacted to read:
 1216         20.316 Department of Juvenile Justice.—There is created a
 1217  Department of Juvenile Justice.
 1218         (2) DEPARTMENT PROGRAMS.—The following programs are
 1219  established within the Department of Juvenile Justice:
 1220         (a) Accountability and Program Support.
 1221         (b) Administration.
 1222         (c) Intake and Detention.
 1223         (d) Prevention.
 1224         (e) Probation and Community Corrections.
 1225         (f) Residential and Correctional Facilities.
 1226  
 1227  The secretary may establish assistant secretary positions and a
 1228  chief of staff position as necessary to administer the
 1229  requirements of this section.
 1230         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
 1231  shall plan and administer its programs through a substate
 1232  structure that conforms to the boundaries of the judicial
 1233  circuits prescribed in s. 26.021. A county may seek placement in
 1234  a juvenile justice operating circuit other than as prescribed in
 1235  s. 26.021 for participation in the Prevention Program and the
 1236  Probation and Community Corrections Program by making a request
 1237  of the chief circuit judge in each judicial circuit affected by
 1238  such request. Upon a showing that geographic proximity,
 1239  community identity, or other legitimate concern for efficiency
 1240  of operations merits alternative placement, each affected chief
 1241  circuit judge may authorize the execution of an interagency
 1242  agreement specifying the alternative juvenile justice operating
 1243  circuit in which the county is to be placed and the basis for
 1244  the alternative placement. Upon the execution of said
 1245  interagency agreement by each affected chief circuit judge, the
 1246  secretary may administratively place a county in an alternative
 1247  juvenile justice operating circuit pursuant to the agreement.
 1248         Section 33. The amendments to s. 20.316(2) and (3), Florida
 1249  Statutes, as carried forward from chapter 2020-114, Laws of
 1250  Florida, by this act, expire July 1, 2022, and the text of those
 1251  subsections shall revert to that in existence on June 30, 2020,
 1252  except that any amendments to such text enacted other than this
 1253  act shall be preserved and continue to operate to the extent
 1254  that such amendments are not dependent upon the portions of text
 1255  which expire pursuant to this section.
 1256         Section 34. In order to implement appropriations used to
 1257  pay existing lease contracts for private lease space in excess
 1258  of 2,000 square feet in the 2021-2022 General Appropriations
 1259  Act, the Department of Management Services, with the cooperation
 1260  of the agencies having the existing lease contracts for office
 1261  or storage space, shall use tenant broker services to
 1262  renegotiate or reprocure all private lease agreements for office
 1263  or storage space expiring between July 1, 2022, and June 30,
 1264  2024, in order to reduce costs in future years. The department
 1265  shall incorporate this initiative into its 2021 master leasing
 1266  report required under s. 255.249(7), Florida Statutes, and may
 1267  use tenant broker services to explore the possibilities of
 1268  collocating office or storage space, to review the space needs
 1269  of each agency, and to review the length and terms of potential
 1270  renewals or renegotiations. The department shall provide a
 1271  report to the Executive Office of the Governor, the President of
 1272  the Senate, and the Speaker of the House of Representatives by
 1273  November 1, 2021, which lists each lease contract for private
 1274  office or storage space, the status of renegotiations, and the
 1275  savings achieved. This section expires July 1, 2022.
 1276         Section 35. In order to implement appropriations authorized
 1277  in the 2021-2022 General Appropriations Act for data center
 1278  services, and notwithstanding s. 216.292(2)(a), Florida
 1279  Statutes, an agency may not transfer funds from a data
 1280  processing category to a category other than another data
 1281  processing category. This section expires July 1, 2022.
 1282         Section 36. In order to implement the appropriation of
 1283  funds in the appropriation category “Data Processing Assessment
 1284  Department of Management Services” in the 2021-2022 General
 1285  Appropriations Act, and pursuant to the notice, review, and
 1286  objection procedures of s. 216.177, Florida Statutes, the
 1287  Executive Office of the Governor may transfer funds appropriated
 1288  in that category between departments in order to align the
 1289  budget authority granted based on the estimated billing cycle
 1290  and methodology used by the Department of Management Services
 1291  for data processing services provided. This section expires July
 1292  1, 2022.
 1293         Section 37. In order to implement the appropriation of
 1294  funds in the appropriation category “Special Categories-Risk
 1295  Management Insurance” in the 2021-2022 General Appropriations
 1296  Act, and pursuant to the notice, review, and objection
 1297  procedures of s. 216.177, Florida Statutes, the Executive Office
 1298  of the Governor may transfer funds appropriated in that category
 1299  between departments in order to align the budget authority
 1300  granted with the premiums paid by each department for risk
 1301  management insurance. This section expires July 1, 2022.
 1302         Section 38. In order to implement the appropriation of
 1303  funds in the appropriation category “Special Categories-Transfer
 1304  to Department of Management Services-Human Resources Services
 1305  Purchased per Statewide Contract” in the 2021-2022 General
 1306  Appropriations Act, and pursuant to the notice, review, and
 1307  objection procedures of s. 216.177, Florida Statutes, the
 1308  Executive Office of the Governor may transfer funds appropriated
 1309  in that category between departments in order to align the
 1310  budget authority granted with the assessments that must be paid
 1311  by each agency to the Department of Management Services for
 1312  human resource management services. This section expires July 1,
 1313  2022.
 1314         Section 39. In order to implement Specific Appropriations
 1315  2343 through 2346 of the 2021-2022 General Appropriations Act:
 1316         (1)The Department of Financial Services shall replace the
 1317  four main components of the Florida Accounting Information
 1318  Resource Subsystem (FLAIR), which include central FLAIR,
 1319  departmental FLAIR, payroll, and information warehouse, and
 1320  shall replace the cash management and accounting management
 1321  components of the Cash Management Subsystem (CMS) with an
 1322  integrated enterprise system that allows the state to organize,
 1323  define, and standardize its financial management business
 1324  processes and that complies with ss. 215.90-215.96, Florida
 1325  Statutes. The department may not include in the replacement of
 1326  FLAIR and CMS:
 1327         (a)Functionality that duplicates any of the other
 1328  information subsystems of the Florida Financial Management
 1329  Information System; or
 1330         (b)Agency business processes related to any of the
 1331  functions included in the Personnel Information System, the
 1332  Purchasing Subsystem, or the Legislative Appropriations
 1333  System/Planning and Budgeting Subsystem.
 1334         (2)For purposes of replacing FLAIR and CMS, the Department
 1335  of Financial Services shall:
 1336         (a)Take into consideration the cost and implementation
 1337  data identified for Option 3 as recommended in the March 31,
 1338  2014, Florida Department of Financial Services FLAIR Study,
 1339  version 031.
 1340         (b)Ensure that all business requirements and technical
 1341  specifications have been provided to all state agencies for
 1342  their review and input and approved by the executive steering
 1343  committee established in paragraph (c).
 1344         (c)Implement a project governance structure that includes
 1345  an executive steering committee composed of:
 1346         1.The Chief Financial Officer or the executive sponsor of
 1347  the project.
 1348         2.A representative of the Division of Treasury of the
 1349  Department of Financial Services, appointed by the Chief
 1350  Financial Officer.
 1351         3.A representative of the Division of Information Systems
 1352  of the Department of Financial Services, appointed by the Chief
 1353  Financial Officer.
 1354         4.Four employees from the Division of Accounting and
 1355  Auditing of the Department of Financial Services, appointed by
 1356  the Chief Financial Officer. Each employee must have experience
 1357  relating to at least one of the four main components that
 1358  compose FLAIR.
 1359         5.Two employees from the Executive Office of the Governor,
 1360  appointed by the Governor. One employee must have experience
 1361  relating to the Legislative Appropriations System/Planning and
 1362  Budgeting Subsystem.
 1363         6.One employee from the Department of Revenue, appointed
 1364  by the executive director, who has experience relating to the
 1365  department’s SUNTAX system.
 1366         7.Two employees from the Department of Management
 1367  Services, appointed by the Secretary of Management Services. One
 1368  employee must have experience relating to the department’s
 1369  personnel information subsystem and one employee must have
 1370  experience relating to the department’s purchasing subsystem.
 1371         8.Three state agency administrative services directors,
 1372  appointed by the Governor. One director must represent a
 1373  regulatory and licensing state agency and one director must
 1374  represent a health care-related state agency.
 1375         (3)The Chief Financial Officer or the executive sponsor of
 1376  the project shall serve as chair of the executive steering
 1377  committee, and the committee shall take action by a vote of at
 1378  least eight affirmative votes with the Chief Financial Officer
 1379  or the executive sponsor of the project voting on the prevailing
 1380  side. A quorum of the executive steering committee consists of
 1381  at least 10 members.
 1382         (4)The executive steering committee has the overall
 1383  responsibility for ensuring that the project to replace FLAIR
 1384  and CMS meets its primary business objectives and shall:
 1385         (a)Identify and recommend to the Executive Office of the
 1386  Governor, the President of the Senate, and the Speaker of the
 1387  House of Representatives any statutory changes needed to
 1388  implement the replacement subsystem that will standardize, to
 1389  the fullest extent possible, the state’s financial management
 1390  business processes.
 1391         (b) Review and approve any changes to the project’s scope,
 1392  schedule, and budget which do not conflict with the requirements
 1393  of subsection (1).
 1394         (c) Ensure that adequate resources are provided throughout
 1395  all phases of the project.
 1396         (d) Approve all major project deliverables.
 1397         (e) Approve all solicitation-related documents associated
 1398  with the replacement of FLAIR and CMS.
 1399         (5) This section expires July 1, 2022.
 1400         Section 40. In order to implement Specific Appropriation
 1401  1603 of the 2021-2022 General Appropriations Act, paragraph (d)
 1402  of subsection (11) of section 216.181, Florida Statutes, is
 1403  amended to read:
 1404         216.181 Approved budgets for operations and fixed capital
 1405  outlay.—
 1406         (11)
 1407         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1408  for the 2021-2022 2020-2021 fiscal year only, the Legislative
 1409  Budget Commission may increase the amounts appropriated to the
 1410  Fish and Wildlife Conservation Commission or the Department of
 1411  Environmental Protection for fixed capital outlay projects,
 1412  including additional fixed capital outlay projects, using funds
 1413  provided to the state from the Gulf Environmental Benefit Fund
 1414  administered by the National Fish and Wildlife Foundation; funds
 1415  provided to the state from the Gulf Coast Restoration Trust Fund
 1416  related to the Resources and Ecosystems Sustainability, Tourist
 1417  Opportunities, and Revived Economies of the Gulf Coast Act of
 1418  2012 (RESTORE Act); or funds provided by the British Petroleum
 1419  Corporation (BP) for natural resource damage assessment
 1420  restoration projects. Concurrent with submission of an amendment
 1421  to the Legislative Budget Commission pursuant to this paragraph,
 1422  any project that carries a continuing commitment for future
 1423  appropriations by the Legislature must be specifically
 1424  identified, together with the projected amount of the future
 1425  commitment associated with the project and the fiscal years in
 1426  which the commitment is expected to commence. This paragraph
 1427  expires July 1, 2022 2021.
 1428  
 1429  The provisions of this subsection are subject to the notice and
 1430  objection procedures set forth in s. 216.177.
 1431         Section 41. In order to implement specific appropriations
 1432  from the land acquisition trust funds within the Department of
 1433  Agriculture and Consumer Services, the Department of
 1434  Environmental Protection, the Department of State, and the Fish
 1435  and Wildlife Conservation Commission, which are contained in the
 1436  2021-2022 General Appropriations Act, subsection (3) of section
 1437  215.18, Florida Statutes, is amended to read:
 1438         215.18 Transfers between funds; limitation.—
 1439         (3) Notwithstanding subsection (1) and only with respect to
 1440  a land acquisition trust fund in the Department of Agriculture
 1441  and Consumer Services, the Department of Environmental
 1442  Protection, the Department of State, or the Fish and Wildlife
 1443  Conservation Commission, whenever there is a deficiency in a
 1444  land acquisition trust fund which would render that trust fund
 1445  temporarily insufficient to meet its just requirements,
 1446  including the timely payment of appropriations from that trust
 1447  fund, and other trust funds in the State Treasury have moneys
 1448  that are for the time being or otherwise in excess of the
 1449  amounts necessary to meet the just requirements, including
 1450  appropriated obligations, of those other trust funds, the
 1451  Governor may order a temporary transfer of moneys from one or
 1452  more of the other trust funds to a land acquisition trust fund
 1453  in the Department of Agriculture and Consumer Services, the
 1454  Department of Environmental Protection, the Department of State,
 1455  or the Fish and Wildlife Conservation Commission. Any action
 1456  proposed pursuant to this subsection is subject to the notice,
 1457  review, and objection procedures of s. 216.177, and the Governor
 1458  shall provide notice of such action at least 7 days before the
 1459  effective date of the transfer of trust funds, except that
 1460  during July 2021 2020, notice of such action shall be provided
 1461  at least 3 days before the effective date of a transfer unless
 1462  such 3-day notice is waived by the chair and vice-chair of the
 1463  Legislative Budget Commission. Any transfer of trust funds to a
 1464  land acquisition trust fund in the Department of Agriculture and
 1465  Consumer Services, the Department of Environmental Protection,
 1466  the Department of State, or the Fish and Wildlife Conservation
 1467  Commission must be repaid to the trust funds from which the
 1468  moneys were loaned by the end of the 2021-2022 2020-2021 fiscal
 1469  year. The Legislature has determined that the repayment of the
 1470  other trust fund moneys temporarily loaned to a land acquisition
 1471  trust fund in the Department of Agriculture and Consumer
 1472  Services, the Department of Environmental Protection, the
 1473  Department of State, or the Fish and Wildlife Conservation
 1474  Commission pursuant to this subsection is an allowable use of
 1475  the moneys in a land acquisition trust fund because the moneys
 1476  from other trust funds temporarily loaned to a land acquisition
 1477  trust fund shall be expended solely and exclusively in
 1478  accordance with s. 28, Art. X of the State Constitution. This
 1479  subsection expires July 1, 2022 2021.
 1480         Section 42. (1) In order to implement specific
 1481  appropriations from the land acquisition trust funds within the
 1482  Department of Agriculture and Consumer Services, the Department
 1483  of Environmental Protection, the Department of State, and the
 1484  Fish and Wildlife Conservation Commission, which are contained
 1485  in the 2021-2022 General Appropriations Act, the Department of
 1486  Environmental Protection shall transfer revenues from the Land
 1487  Acquisition Trust Fund within the department to the land
 1488  acquisition trust funds within the Department of Agriculture and
 1489  Consumer Services, the Department of State, and the Fish and
 1490  Wildlife Conservation Commission, as provided in this section.
 1491  As used in this section, the term “department” means the
 1492  Department of Environmental Protection.
 1493         (2) After subtracting any required debt service payments,
 1494  the proportionate share of revenues to be transferred to each
 1495  land acquisition trust fund shall be calculated by dividing the
 1496  appropriations from each of the land acquisition trust funds for
 1497  the fiscal year by the total appropriations from the Land
 1498  Acquisition Trust Fund within the department and the land
 1499  acquisition trust funds within the Department of Agriculture and
 1500  Consumer Services, the Department of State, and the Fish and
 1501  Wildlife Conservation Commission for the fiscal year. The
 1502  department shall transfer the proportionate share of the
 1503  revenues in the Land Acquisition Trust Fund within the
 1504  department on a monthly basis to the appropriate land
 1505  acquisition trust funds within the Department of Agriculture and
 1506  Consumer Services, the Department of State, and the Fish and
 1507  Wildlife Conservation Commission and shall retain its
 1508  proportionate share of the revenues in the Land Acquisition
 1509  Trust Fund within the department. Total distributions to a land
 1510  acquisition trust fund within the Department of Agriculture and
 1511  Consumer Services, the Department of State, and the Fish and
 1512  Wildlife Conservation Commission may not exceed the total
 1513  appropriations from such trust fund for the fiscal year.
 1514         (3) In addition, the department shall transfer from the
 1515  Land Acquisition Trust Fund to land acquisition trust funds
 1516  within the Department of Agriculture and Consumer Services, the
 1517  Department of State, and the Fish and Wildlife Conservation
 1518  Commission amounts equal to the difference between the amounts
 1519  appropriated in chapter 2020-111, Laws of Florida, to the
 1520  department’s Land Acquisition Trust Fund and the other land
 1521  acquisition trust funds, and the amounts actually transferred
 1522  between those trust funds during the 2020-2021 fiscal year.
 1523         (4) The department may advance funds from the beginning
 1524  unobligated fund balance in the Land Acquisition Trust Fund to
 1525  the Land Acquisition Trust Fund within the Fish and Wildlife
 1526  Conservation Commission needed for cash flow purposes based on a
 1527  detailed expenditure plan. The department shall prorate amounts
 1528  transferred quarterly to the Fish and Wildlife Conservation
 1529  Commission to recoup the amount of funds advanced by June 30,
 1530  2022.
 1531         (5) This section expires July 1, 2022.
 1532         Section 43. In order to implement appropriations from the
 1533  Land Acquisition Trust Fund within the Department of
 1534  Environmental Protection in the 2021-2022 General Appropriations
 1535  Act, paragraph (b) of subsection (3) of section 375.041, Florida
 1536  Statutes, is amended to read:
 1537         375.041 Land Acquisition Trust Fund.—
 1538         (3) Funds distributed into the Land Acquisition Trust Fund
 1539  pursuant to s. 201.15 shall be applied:
 1540         (b) Of the funds remaining after the payments required
 1541  under paragraph (a), but before funds may be appropriated,
 1542  pledged, or dedicated for other uses:
 1543         1. A minimum of the lesser of 25 percent or $200 million
 1544  shall be appropriated annually for Everglades projects that
 1545  implement the Comprehensive Everglades Restoration Plan as set
 1546  forth in s. 373.470, including the Central Everglades Planning
 1547  Project subject to Congressional authorization; the Long-Term
 1548  Plan as defined in s. 373.4592(2); and the Northern Everglades
 1549  and Estuaries Protection Program as set forth in s. 373.4595.
 1550  From these funds, $32 million shall be distributed each fiscal
 1551  year through the 2023-2024 fiscal year to the South Florida
 1552  Water Management District for the Long-Term Plan as defined in
 1553  s. 373.4592(2). After deducting the $32 million distributed
 1554  under this subparagraph, from the funds remaining, a minimum of
 1555  the lesser of 76.5 percent or $100 million shall be appropriated
 1556  each fiscal year through the 2025-2026 fiscal year for the
 1557  planning, design, engineering, and construction of the
 1558  Comprehensive Everglades Restoration Plan as set forth in s.
 1559  373.470, including the Central Everglades Planning Project, the
 1560  Everglades Agricultural Area Storage Reservoir Project, the Lake
 1561  Okeechobee Watershed Project, the C-43 West Basin Storage
 1562  Reservoir Project, the Indian River Lagoon-South Project, the
 1563  Western Everglades Restoration Project, and the Picayune Strand
 1564  Restoration Project. The Department of Environmental Protection
 1565  and the South Florida Water Management District shall give
 1566  preference to those Everglades restoration projects that reduce
 1567  harmful discharges of water from Lake Okeechobee to the St.
 1568  Lucie or Caloosahatchee estuaries in a timely manner. For the
 1569  purpose of performing the calculation provided in this
 1570  subparagraph, the amount of debt service paid pursuant to
 1571  paragraph (a) for bonds issued after July 1, 2016, for the
 1572  purposes set forth under paragraph (b) shall be added to the
 1573  amount remaining after the payments required under paragraph
 1574  (a). The amount of the distribution calculated shall then be
 1575  reduced by an amount equal to the debt service paid pursuant to
 1576  paragraph (a) on bonds issued after July 1, 2016, for the
 1577  purposes set forth under this subparagraph.
 1578         2. A minimum of the lesser of 7.6 percent or $50 million
 1579  shall be appropriated annually for spring restoration,
 1580  protection, and management projects. For the purpose of
 1581  performing the calculation provided in this subparagraph, the
 1582  amount of debt service paid pursuant to paragraph (a) for bonds
 1583  issued after July 1, 2016, for the purposes set forth under
 1584  paragraph (b) shall be added to the amount remaining after the
 1585  payments required under paragraph (a). The amount of the
 1586  distribution calculated shall then be reduced by an amount equal
 1587  to the debt service paid pursuant to paragraph (a) on bonds
 1588  issued after July 1, 2016, for the purposes set forth under this
 1589  subparagraph.
 1590         3. The sum of $5 million shall be appropriated annually
 1591  each fiscal year through the 2025-2026 fiscal year to the St.
 1592  Johns River Water Management District for projects dedicated to
 1593  the restoration of Lake Apopka. This distribution shall be
 1594  reduced by an amount equal to the debt service paid pursuant to
 1595  paragraph (a) on bonds issued after July 1, 2016, for the
 1596  purposes set forth in this subparagraph.
 1597         4. The sum of $64 million is appropriated and shall be
 1598  transferred to the Everglades Trust Fund for the 2018-2019
 1599  fiscal year, and each fiscal year thereafter, for the EAA
 1600  reservoir project pursuant to s. 373.4598. Any funds remaining
 1601  in any fiscal year shall be made available only for Phase II of
 1602  the C-51 reservoir project or projects identified in
 1603  subparagraph 1. and must be used in accordance with laws
 1604  relating to such projects. Any funds made available for such
 1605  purposes in a fiscal year are in addition to the amount
 1606  appropriated under subparagraph 1. This distribution shall be
 1607  reduced by an amount equal to the debt service paid pursuant to
 1608  paragraph (a) on bonds issued after July 1, 2017, for the
 1609  purposes set forth in this subparagraph.
 1610         5. Notwithstanding subparagraph 3., for the 2021-2022 2020
 1611  2021 fiscal year, funds shall be appropriated as provided in the
 1612  General Appropriations Act. This subparagraph expires July 1,
 1613  2022 2021.
 1614         Section 44. In order to implement Specific Appropriation
 1615  1363 of the 2021-2022 General Appropriations Act, and
 1616  notwithstanding the expiration date in section 80 of chapter
 1617  2020-114, Laws of Florida, paragraph (a) of subsection (1) of
 1618  section 570.93, Florida Statutes, is reenacted to read:
 1619         570.93 Department of Agriculture and Consumer Services;
 1620  agricultural water conservation and agricultural water supply
 1621  planning.—
 1622         (1) The department shall establish an agricultural water
 1623  conservation program that includes the following:
 1624         (a) A cost-share program, coordinated with the United
 1625  States Department of Agriculture and other federal, state,
 1626  regional, and local agencies when appropriate, for irrigation
 1627  system retrofit and application of mobile irrigation laboratory
 1628  evaluations, and for water conservation and water quality
 1629  improvement pursuant to s. 403.067(7)(c).
 1630         Section 45. The amendment to s. 570.93(1)(a), Florida
 1631  Statutes, as carried forward from chapter 2019-116, Laws of
 1632  Florida, by this act, expires July 1, 2022, and the text of that
 1633  paragraph shall revert to that in existence on June 30, 2019,
 1634  except that any amendments to such text enacted other than by
 1635  this act shall be preserved and continue to operate to the
 1636  extent that such amendments are not dependent upon the portions
 1637  of text which expire pursuant to this section.
 1638         Section 46. In order to implement Specific Appropriation
 1639  1692A of the 2021-2022 General Appropriations Act, paragraph (m)
 1640  of subsection (3) of section 259.105, Florida Statutes, is
 1641  amended to read:
 1642         259.105 The Florida Forever Act.—
 1643         (3) Less the costs of issuing and the costs of funding
 1644  reserve accounts and other costs associated with bonds, the
 1645  proceeds of cash payments or bonds issued pursuant to this
 1646  section shall be deposited into the Florida Forever Trust Fund
 1647  created by s. 259.1051. The proceeds shall be distributed by the
 1648  Department of Environmental Protection in the following manner:
 1649         (m) Notwithstanding paragraphs (a)-(j) and for the 2021
 1650  2022 2020-2021 fiscal year, the amount of $1,998,100 $6 million
 1651  to only the Department of Environmental Protection for grants
 1652  pursuant to s. 375.075. This paragraph expires July 1, 2022
 1653  2021.
 1654         Section 47. In order to implement Specific Appropriation
 1655  1647 of the 2021-2022 General Appropriations Act, subsection
 1656  (22) is added to section 161.101, Florida Statutes, to read:
 1657         161.101 State and local participation in authorized
 1658  projects and studies relating to beach management and erosion
 1659  control.—
 1660         (22) Notwithstanding this section and ss. 161.143 and
 1661  161.161, and for the 2021-2022 fiscal year only, the department
 1662  shall fund beach and inlet management projects as specified in
 1663  the General Appropriations Act. This subsection expires July 1,
 1664  2022.
 1665         Section 48. In order to implement Specific Appropriation
 1666  1670 of the 2021-2022 General Appropriations Act, and
 1667  notwithstanding the expiration date in section 84 of chapter
 1668  2020-114, Laws of Florida, paragraph (g) of subsection (15) of
 1669  section 376.3071, Florida Statutes, is reenacted to read:
 1670         376.3071 Inland Protection Trust Fund; creation; purposes;
 1671  funding.—
 1672         (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
 1673  department shall pay, pursuant to this subsection, up to $10
 1674  million each fiscal year from the fund for the costs of labor
 1675  and equipment to repair or replace petroleum storage systems
 1676  that may have been damaged due to the storage of fuels blended
 1677  with ethanol or biodiesel, or for preventive measures to reduce
 1678  the potential for such damage.
 1679         (g) Payments may not be made for the following:
 1680         1. Proposal costs or costs related to preparation of the
 1681  application and required documentation;
 1682         2. Certified public accountant costs;
 1683         3. Except as provided in paragraph (j), any costs in excess
 1684  of the amount approved by the department under paragraph (b) or
 1685  which are not in substantial compliance with the purchase order;
 1686         4. Costs associated with storage tanks, piping, or
 1687  ancillary equipment that has previously been repaired or
 1688  replaced for which costs have been paid under this section;
 1689         5. Facilities that are not in compliance with department
 1690  storage tank rules, until the noncompliance issues have been
 1691  resolved; or
 1692         6. Costs associated with damage to petroleum storage
 1693  systems caused in whole or in part by causes other than the
 1694  storage of fuels blended with ethanol or biodiesel.
 1695         Section 49. The amendment to s. 376.3071(15)(g), Florida
 1696  Statutes, as carried forward from chapter 2020-114, Laws of
 1697  Florida, by this act, expires July 1, 2022, and the text of that
 1698  paragraph shall revert to that in existence on July 1, 2020, not
 1699  including any amendments made by this act or chapter 2020-114,
 1700  Laws of Florida, except that any amendments to such text enacted
 1701  other than by this act shall be preserved and continue to
 1702  operate to the extent that such amendments are not dependent
 1703  upon the portion of text which expires pursuant to this section.
 1704         Section 50. In order to implement Specific Appropriation
 1705  2604 of the 2021-2022 General Appropriations Act, paragraph (b)
 1706  of subsection (3) and subsection (5) of section 321.04, Florida
 1707  Statutes, are amended to read:
 1708         321.04 Personnel of the highway patrol; rank
 1709  classifications; probationary status of new patrol officers;
 1710  subsistence; special assignments.—
 1711         (3)
 1712         (b) For the 2021-2022 2020-2021 fiscal year only, upon the
 1713  request of the Governor, the Department of Highway Safety and
 1714  Motor Vehicles shall assign one or more patrol officers to the
 1715  office of the Lieutenant Governor for security services. This
 1716  paragraph expires July 1, 2022 2021.
 1717         (5) For the 2021-2022 2020-2021 fiscal year only, the
 1718  assignment of a patrol officer by the department shall include a
 1719  Cabinet member specified in s. 4, Art. IV of the State
 1720  Constitution if deemed appropriate by the department or in
 1721  response to a threat and upon written request of such Cabinet
 1722  member. This subsection expires July 1, 2022 2021.
 1723         Section 51. Effective upon this act becoming a law and in
 1724  order to implement Specific Appropriations 2583 and 2592 of the
 1725  2021-2022 General Appropriations Act, subsection (7) of section
 1726  215.559, Florida Statutes, is amended to read:
 1727         215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
 1728  Mitigation Program is established in the Division of Emergency
 1729  Management.
 1730         (7) This section is repealed June 30, 2022 2021.
 1731         Section 52. In order to implement section 94 of the 2021
 1732  2022 General Appropriations Act, subsection (4) of section
 1733  288.80125, Florida Statutes, is amended to read:
 1734         288.80125 Triumph Gulf Coast Trust Fund.—
 1735         (4) For the 2021-2022 2020-2021 fiscal year, funds shall be
 1736  used for the Rebuild Florida Revolving Loan Fund program to
 1737  provide assistance to businesses impacted by Hurricane Michael
 1738  as provided in the General Appropriations Act. This subsection
 1739  expires July 1, 2022 2021.
 1740         Section 53. In order to implement Specific Appropriations
 1741  1865 through 1878, 1884 through 1887, 1900 through 1908, 1910
 1742  through 1919, and 1954 through 1966 of the 2021-2022 General
 1743  Appropriations Act, present subsections (15) and (16) of section
 1744  337.11, Florida Statutes, are redesignated as subsections (16)
 1745  and (17), respectively, and a new subsection (15) is added to
 1746  that section, to read:
 1747         337.11 Contracting authority of department; bids; emergency
 1748  repairs, supplemental agreements, and change orders; combined
 1749  design and construction contracts; progress payments; records;
 1750  requirements of vehicle registration.—
 1751         (15)(a) The department may not enter into a contract with a
 1752  consultant for design services or construction engineering and
 1753  inspection services related to a construction project which
 1754  exceeds 5 percent of the estimated cost of such construction
 1755  project without the approval of the secretary.
 1756         (b) The department may share a portion of the construction
 1757  cost savings realized due to a change in the construction
 1758  contract design and scope, initiated after execution of the
 1759  contract, with a design services consultant or a construction
 1760  engineering and inspection services consultant to the extent
 1761  that the consultant’s input and involvement contributed to such
 1762  savings. The amount paid to a consultant pursuant to this
 1763  paragraph may not exceed 5 percent of the construction cost
 1764  savings realized.
 1765         (c) This subsection expires July 1, 2022.
 1766         Section 54. In order to implement section 116 of the 2021
 1767  2022 General Appropriations Act, subsection (4) is added to
 1768  section 339.08, Florida Statutes, to read:
 1769         339.08 Use of moneys in State Transportation Trust Fund.—
 1770         (4) Notwithstanding the provisions of this section and ss.
 1771  215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year
 1772  only, funds may be transferred from the State Transportation
 1773  Trust Fund to the General Revenue Fund as specified in the
 1774  General Appropriations Act. Notwithstanding ss. 206.46(3) and
 1775  206.606(2), the total amount transferred shall be reduced from
 1776  total state revenues deposited into the State Transportation
 1777  Trust Fund for the calculation requirements of ss. 206.46(3) and
 1778  206.606(2). This subsection expires July 1, 2022.
 1779         Section 55. In order to implement Specific Appropriations
 1780  1865 through 1878, 1884 through 1887, 1900 through 1908, 1910
 1781  through 1919, and 1954 through 1966 of the 2021-2022 General
 1782  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 1783  section 339.135, Florida Statutes, are amended to read:
 1784         339.135 Work program; legislative budget request;
 1785  definitions; preparation, adoption, execution, and amendment.—
 1786         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1787         (g)1. Any work program amendment which also requires the
 1788  transfer of fixed capital outlay appropriations between
 1789  categories within the department or the increase of an
 1790  appropriation category is subject to the approval of the
 1791  Legislative Budget Commission.
 1792         2. If the department submits an amendment to a meeting of
 1793  the Legislative Budget Commission and the commission does not
 1794  meet or consider the amendment cannot be held within 30 days
 1795  after its submittal the department submits an amendment to the
 1796  Legislative Budget Commission, the chair and vice chair of the
 1797  Legislative Budget Commission may authorize such amendment to be
 1798  approved pursuant to s. 216.177. This subparagraph expires July
 1799  1, 2022 2021.
 1800         (h)1. Any work program amendment that also adds a new
 1801  project, or phase thereof, to the adopted work program in excess
 1802  of $3 million is subject to approval by the Legislative Budget
 1803  Commission. Any work program amendment submitted under this
 1804  paragraph must include, as supplemental information, a list of
 1805  projects, or phases thereof, in the current 5-year adopted work
 1806  program which are eligible for the funds within the
 1807  appropriation category being used for the proposed amendment.
 1808  The department shall provide a narrative with the rationale for
 1809  not advancing an existing project, or phase thereof, in lieu of
 1810  the proposed amendment.
 1811         2. If the department submits an amendment to a meeting of
 1812  the Legislative Budget Commission and the commission does not
 1813  meet or consider the amendment cannot be held within 30 days
 1814  after its submittal the department submits an amendment to the
 1815  commission, the chair and vice chair of the commission may
 1816  authorize the amendment to be approved pursuant to s. 216.177.
 1817  This subparagraph expires July 1, 2022 2021.
 1818         Section 56. In order to implement Specific Appropriation
 1819  1867 of the 2021-2022 General Appropriations Act, paragraphs (a)
 1820  and (b) of subsection (3) of section 341.052, Florida Statutes,
 1821  are amended to read:
 1822         341.052 Public transit block grant program; administration;
 1823  eligible projects; limitation.—
 1824         (3) The following limitations shall apply to the use of
 1825  public transit block grant program funds:
 1826         (a)1. State participation in eligible capital projects
 1827  shall be limited to 50 percent of the nonfederal share of such
 1828  project costs.
 1829         2. For the 2021-2022 fiscal year only, local participation
 1830  in eligible capital projects may be less than 50 percent of the
 1831  nonfederal share of such project costs. This subparagraph
 1832  expires July 1, 2022.
 1833         (b)1. State participation in eligible public transit
 1834  operating costs may not exceed 50 percent of such costs or an
 1835  amount equal to the total revenue, excluding farebox, charter,
 1836  and advertising revenue and federal funds, received by the
 1837  provider for operating costs, whichever amount is less.
 1838         2. For the 2021-2022 fiscal year only, local participation
 1839  in eligible public transit operating costs may be less than 50
 1840  percent of such operating costs. This subparagraph expires July
 1841  1, 2022.
 1842         Section 57. In order to implement Specific Appropriations
 1843  2544 of the 2021-2022 General Appropriations Act, paragraph (d)
 1844  of subsection (4) of section 112.061, Florida Statutes, is
 1845  amended to read:
 1846         112.061 Per diem and travel expenses of public officers,
 1847  employees, and authorized persons; statewide travel management
 1848  system.—
 1849         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 1850  officer or employee assigned to an office shall be the city or
 1851  town in which the office is located except that:
 1852         (d) A Lieutenant Governor who permanently resides outside
 1853  of Leon County, may, if he or she so requests, have an
 1854  appropriate facility in his or her county designated as his or
 1855  her official headquarters for purposes of this section. This
 1856  official headquarters may only serve as the Lieutenant
 1857  Governor’s personal office. The Lieutenant Governor may not use
 1858  state funds to lease space in any facility for his or her
 1859  official headquarters.
 1860         1. A Lieutenant Governor for whom an official headquarters
 1861  is established in his or her county of residence pursuant to
 1862  this paragraph is eligible for subsistence at a rate to be
 1863  established by the Governor for each day or partial day that the
 1864  Lieutenant Governor is at the State Capitol to conduct official
 1865  state business. In addition to the subsistence allowance, a
 1866  Lieutenant Governor is eligible for reimbursement for
 1867  transportation expenses as provided in subsection (7) for travel
 1868  between the Lieutenant Governor’s official headquarters and the
 1869  State Capitol to conduct state business.
 1870         2. Payment of subsistence and reimbursement for
 1871  transportation between a Lieutenant Governor’s official
 1872  headquarters and the State Capitol shall be made to the extent
 1873  appropriated funds are available, as determined by the Governor.
 1874         3. This paragraph expires July 1, 2022 2021.
 1875         Section 58. In order to implement the salaries and
 1876  benefits, expenses, other personal services, contracted
 1877  services, special categories, and operating capital outlay
 1878  categories of the 2021-2022 General Appropriations Act,
 1879  paragraph (a) of subsection (2) of section 216.292, Florida
 1880  Statutes, is amended to read:
 1881         216.292 Appropriations nontransferable; exceptions.—
 1882         (2) The following transfers are authorized to be made by
 1883  the head of each department or the Chief Justice of the Supreme
 1884  Court whenever it is deemed necessary by reason of changed
 1885  conditions:
 1886         (a) The transfer of appropriations funded from identical
 1887  funding sources, except appropriations for fixed capital outlay,
 1888  and the transfer of amounts included within the total original
 1889  approved budget and plans of releases of appropriations as
 1890  furnished pursuant to ss. 216.181 and 216.192, as follows:
 1891         1. Between categories of appropriations within a budget
 1892  entity, if no category of appropriation is increased or
 1893  decreased by more than 5 percent of the original approved budget
 1894  or $250,000, whichever is greater, by all action taken under
 1895  this subsection.
 1896         2. Between budget entities within identical categories of
 1897  appropriations, if no category of appropriation is increased or
 1898  decreased by more than 5 percent of the original approved budget
 1899  or $250,000, whichever is greater, by all action taken under
 1900  this subsection.
 1901         3. Any agency exceeding salary rate established pursuant to
 1902  s. 216.181(8) on June 30th of any fiscal year shall not be
 1903  authorized to make transfers pursuant to subparagraphs 1. and 2.
 1904  in the subsequent fiscal year.
 1905         4. Notice of proposed transfers under subparagraphs 1. and
 1906  2. shall be provided to the Executive Office of the Governor and
 1907  the chairs of the legislative appropriations committees at least
 1908  3 days prior to agency implementation in order to provide an
 1909  opportunity for review. The review shall be limited to ensuring
 1910  that the transfer is in compliance with the requirements of this
 1911  paragraph.
 1912         5. For the 2021-2022 2020-2021 fiscal year, the review
 1913  shall ensure that transfers proposed pursuant to this paragraph
 1914  comply with this chapter, maximize the use of available and
 1915  appropriate trust funds, and are not contrary to legislative
 1916  policy and intent. This subparagraph expires July 1, 2022 2021.
 1917         Section 59. In order to implement section 8 of the 2021
 1918  2022 General Appropriations Act, notwithstanding s.
 1919  110.123(3)(f) and (j), Florida Statutes, the Department of
 1920  Management Services shall maintain and offer the same PPO and
 1921  HMO health plan alternatives to the participants of the State
 1922  Group Health Insurance Program during the 2021-2022 fiscal year
 1923  which were in effect for the 2020-2021 fiscal year. This section
 1924  expires July 1, 2022.
 1925         Section 60. In order to implement the appropriation of
 1926  funds in the special categories, contracted services, and
 1927  expenses categories of the 2021-2022 General Appropriations Act,
 1928  a state agency may not initiate a competitive solicitation for a
 1929  product or service if the completion of such competitive
 1930  solicitation would:
 1931         (1) Require a change in law; or
 1932         (2) Require a change to the agency’s budget other than a
 1933  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 1934  unless the initiation of such competitive solicitation is
 1935  specifically authorized in law, in the General Appropriations
 1936  Act, or by the Legislative Budget Commission.
 1937  
 1938  This section does not apply to a competitive solicitation for
 1939  which the agency head certifies that a valid emergency exists.
 1940  This section expires July 1, 2022.
 1941         Section 61. In order to implement appropriations for
 1942  salaries and benefits of the 2021-2022 General Appropriations
 1943  Act, subsection (6) of section 112.24, Florida Statutes, is
 1944  amended to read:
 1945         112.24 Intergovernmental interchange of public employees.
 1946  To encourage economical and effective utilization of public
 1947  employees in this state, the temporary assignment of employees
 1948  among agencies of government, both state and local, and
 1949  including school districts and public institutions of higher
 1950  education is authorized under terms and conditions set forth in
 1951  this section. State agencies, municipalities, and political
 1952  subdivisions are authorized to enter into employee interchange
 1953  agreements with other state agencies, the Federal Government,
 1954  another state, a municipality, or a political subdivision
 1955  including a school district, or with a public institution of
 1956  higher education. State agencies are also authorized to enter
 1957  into employee interchange agreements with private institutions
 1958  of higher education and other nonprofit organizations under the
 1959  terms and conditions provided in this section. In addition, the
 1960  Governor or the Governor and Cabinet may enter into employee
 1961  interchange agreements with a state agency, the Federal
 1962  Government, another state, a municipality, or a political
 1963  subdivision including a school district, or with a public
 1964  institution of higher learning to fill, subject to the
 1965  requirements of chapter 20, appointive offices which are within
 1966  the executive branch of government and which are filled by
 1967  appointment by the Governor or the Governor and Cabinet. Under
 1968  no circumstances shall employee interchange agreements be
 1969  utilized for the purpose of assigning individuals to participate
 1970  in political campaigns. Duties and responsibilities of
 1971  interchange employees shall be limited to the mission and goals
 1972  of the agencies of government.
 1973         (6) For the 2021-2022 2020-2021 fiscal year only, the
 1974  assignment of an employee of a state agency as provided in this
 1975  section may be made if recommended by the Governor or Chief
 1976  Justice, as appropriate, and approved by the chairs of the
 1977  legislative appropriations committees. Such actions shall be
 1978  deemed approved if neither chair provides written notice of
 1979  objection within 14 days after receiving notice of the action
 1980  pursuant to s. 216.177. This subsection expires July 1, 2022
 1981  2021.
 1982         Section 62. In order to implement Specific Appropriations
 1983  2670 and 2671 of the 2021-2022 General Appropriations Act, and
 1984  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 1985  salaries for members of the Legislature for the 2021-2022 fiscal
 1986  year shall be set at the same level in effect on July 1, 2010.
 1987  This section expires July 1, 2022.
 1988         Section 63. In order to implement the transfer of funds
 1989  from the General Revenue Fund from trust funds for the 2021-2022
 1990  General Appropriations Act, and notwithstanding the expiration
 1991  date in section 102 of chapter 2020-114, Laws of Florida,
 1992  paragraph (b) of subsection (2) of section 215.32, Florida
 1993  Statutes, is reenacted to read:
 1994         215.32 State funds; segregation.—
 1995         (2) The source and use of each of these funds shall be as
 1996  follows:
 1997         (b)1. The trust funds shall consist of moneys received by
 1998  the state which under law or under trust agreement are
 1999  segregated for a purpose authorized by law. The state agency or
 2000  branch of state government receiving or collecting such moneys
 2001  is responsible for their proper expenditure as provided by law.
 2002  Upon the request of the state agency or branch of state
 2003  government responsible for the administration of the trust fund,
 2004  the Chief Financial Officer may establish accounts within the
 2005  trust fund at a level considered necessary for proper
 2006  accountability. Once an account is established, the Chief
 2007  Financial Officer may authorize payment from that account only
 2008  upon determining that there is sufficient cash and releases at
 2009  the level of the account.
 2010         2. In addition to other trust funds created by law, to the
 2011  extent possible, each agency shall use the following trust funds
 2012  as described in this subparagraph for day-to-day operations:
 2013         a. Operations or operating trust fund, for use as a
 2014  depository for funds to be used for program operations funded by
 2015  program revenues, with the exception of administrative
 2016  activities when the operations or operating trust fund is a
 2017  proprietary fund.
 2018         b. Operations and maintenance trust fund, for use as a
 2019  depository for client services funded by third-party payors.
 2020         c. Administrative trust fund, for use as a depository for
 2021  funds to be used for management activities that are departmental
 2022  in nature and funded by indirect cost earnings and assessments
 2023  against trust funds. Proprietary funds are excluded from the
 2024  requirement of using an administrative trust fund.
 2025         d. Grants and donations trust fund, for use as a depository
 2026  for funds to be used for allowable grant or donor agreement
 2027  activities funded by restricted contractual revenue from private
 2028  and public nonfederal sources.
 2029         e. Agency working capital trust fund, for use as a
 2030  depository for funds to be used pursuant to s. 216.272.
 2031         f. Clearing funds trust fund, for use as a depository for
 2032  funds to account for collections pending distribution to lawful
 2033  recipients.
 2034         g. Federal grant trust fund, for use as a depository for
 2035  funds to be used for allowable grant activities funded by
 2036  restricted program revenues from federal sources.
 2037  
 2038  To the extent possible, each agency must adjust its internal
 2039  accounting to use existing trust funds consistent with the
 2040  requirements of this subparagraph. If an agency does not have
 2041  trust funds listed in this subparagraph and cannot make such
 2042  adjustment, the agency must recommend the creation of the
 2043  necessary trust funds to the Legislature no later than the next
 2044  scheduled review of the agency’s trust funds pursuant to s.
 2045  215.3206.
 2046         3. All such moneys are hereby appropriated to be expended
 2047  in accordance with the law or trust agreement under which they
 2048  were received, subject always to the provisions of chapter 216
 2049  relating to the appropriation of funds and to the applicable
 2050  laws relating to the deposit or expenditure of moneys in the
 2051  State Treasury.
 2052         4.a. Notwithstanding any provision of law restricting the
 2053  use of trust funds to specific purposes, unappropriated cash
 2054  balances from selected trust funds may be authorized by the
 2055  Legislature for transfer to the Budget Stabilization Fund and
 2056  General Revenue Fund in the General Appropriations Act.
 2057         b. This subparagraph does not apply to trust funds required
 2058  by federal programs or mandates; trust funds established for
 2059  bond covenants, indentures, or resolutions whose revenues are
 2060  legally pledged by the state or public body to meet debt service
 2061  or other financial requirements of any debt obligations of the
 2062  state or any public body; the Division of Licensing Trust Fund
 2063  in the Department of Agriculture and Consumer Services; the
 2064  State Transportation Trust Fund; the trust fund containing the
 2065  net annual proceeds from the Florida Education Lotteries; the
 2066  Florida Retirement System Trust Fund; trust funds under the
 2067  management of the State Board of Education or the Board of
 2068  Governors of the State University System, where such trust funds
 2069  are for auxiliary enterprises, self-insurance, and contracts,
 2070  grants, and donations, as those terms are defined by general
 2071  law; trust funds that serve as clearing funds or accounts for
 2072  the Chief Financial Officer or state agencies; trust funds that
 2073  account for assets held by the state in a trustee capacity as an
 2074  agent or fiduciary for individuals, private organizations, or
 2075  other governmental units; and other trust funds authorized by
 2076  the State Constitution.
 2077         Section 64. The text of s. 215.32(2)(b), Florida Statutes,
 2078  as carried forward from chapter 2011-47, Laws of Florida, by
 2079  this act, expires July 1, 2022, and the text of that paragraph
 2080  shall revert to that in existence on June 30, 2011, except that
 2081  any amendments to such text enacted other than by this act shall
 2082  be preserved and continue to operate to the extent that such
 2083  amendments are not dependent upon the portions of text which
 2084  expire pursuant to this section.
 2085         Section 65. In order to implement appropriations in the
 2086  2021-2022 General Appropriations Act for state employee travel,
 2087  the funds appropriated to each state agency which may be used
 2088  for travel by state employees are limited during the 2021-2022
 2089  fiscal year to travel for activities that are critical to each
 2090  state agency’s mission. Funds may not be used for travel by
 2091  state employees to foreign countries, other states, conferences,
 2092  staff training activities, or other administrative functions
 2093  unless the agency head has approved, in writing, that such
 2094  activities are critical to the agency’s mission. The agency head
 2095  shall consider using teleconferencing and other forms of
 2096  electronic communication to meet the needs of the proposed
 2097  activity before approving mission-critical travel. This section
 2098  does not apply to travel for law enforcement purposes, military
 2099  purposes, emergency management activities, or public health
 2100  activities. This section expires July 1, 2022.
 2101         Section 66. In order to implement appropriations in the
 2102  2021-2022 General Appropriations Act for state employee travel
 2103  and notwithstanding s. 112.061, Florida Statutes, costs for
 2104  lodging associated with a meeting, conference, or convention
 2105  organized or sponsored in whole or in part by a state agency or
 2106  the judicial branch may not exceed $175 per day. An employee may
 2107  expend his or her own funds for any lodging expenses in excess
 2108  of $175 per day. For purposes of this section, a meeting does
 2109  not include travel activities for conducting an audit,
 2110  examination, inspection, or investigation or travel activities
 2111  related to a litigation or emergency response. This section
 2112  expires July 1, 2022.
 2113         Section 67. In order to implement the appropriation of
 2114  funds in the special categories, contracted services, and
 2115  expenses categories of the 2021-2022 General Appropriations Act,
 2116  a state agency may not enter into a contract containing a
 2117  nondisclosure clause that prohibits the contractor from
 2118  disclosing information relevant to the performance of the
 2119  contract to members or staff of the Senate or the House of
 2120  Representatives. This section expires July 1, 2022.
 2121         Section 68. In order to implement the appropriation of
 2122  funds in the special categories, contracted services, and
 2123  expenses categories of the 2021-2022 General Appropriations Act,
 2124  section 216.1366, Florida Statutes, is reenacted and amended to
 2125  read:
 2126         216.1366 Contract terms.—
 2127         (1) In order to preserve the interest of the state in the
 2128  prudent expenditure of state funds, each public agency contract
 2129  for services entered into or amended on or after July 1, 2020,
 2130  shall authorize the public agency to inspect the:
 2131         (a) Financial records, papers, and documents of the
 2132  contractor that are directly related to the performance of the
 2133  contract or the expenditure of state funds.
 2134         (b) Programmatic records, papers, and documents of the
 2135  contractor which the public agency determines are necessary to
 2136  monitor the performance of the contract or to ensure that the
 2137  terms of the contract are being met.
 2138         (2) The contract shall require the contractor to provide
 2139  such records, papers, and documents requested by the public
 2140  agency within 10 business days after the request is made.
 2141         (3) This section expires July 1, 2022 2021.
 2142         Section 69. In order to implement sections 10 through 17 of
 2143  the 2021-2022 General Appropriations Act, the detailed
 2144  reversions by state agency, budget entity, appropriation
 2145  category, and fund included in the document titled “Fiscal Year
 2146  2020-2021 Immediate Reversions” dated March 26, 2021, and filed
 2147  with the Secretary of the Senate, are incorporated by reference
 2148  for the purpose of displaying calculations used by the
 2149  Legislature, consistent with the requirements of state law, in
 2150  making appropriations for the 2020-2021 fiscal year. This
 2151  section expires July 1, 2022.
 2152         Section 70. In order to implement section 8 of the 2021
 2153  2022 General Appropriations Act, and notwithstanding s.
 2154  216.181(2)(h), Florida Statutes, state agencies may submit
 2155  budget amendments, subject to the notice, review, and objection
 2156  procedures of s. 216.177, Florida Statutes, to implement salary
 2157  increases necessary to address pay plan compression issues as a
 2158  result of the increase of the minimum wage to $13 per hour. This
 2159  section expires July 1, 2022.
 2160         Section 71. Any section of this act which implements a
 2161  specific appropriation or specifically identified proviso
 2162  language in the 2021-2022 General Appropriations Act is void if
 2163  the specific appropriation or specifically identified proviso
 2164  language is vetoed. Any section of this act which implements
 2165  more than one specific appropriation or more than one portion of
 2166  specifically identified proviso language in the 2021-2022
 2167  General Appropriations Act is void if all the specific
 2168  appropriations or portions of specifically identified proviso
 2169  language are vetoed.
 2170         Section 72. If any other act passed during the 2021 Regular
 2171  Session of the Legislature contains a provision that is
 2172  substantively the same as a provision in this act, but that
 2173  removes or is otherwise not subject to the future repeal applied
 2174  to such provision by this act, the Legislature intends that the
 2175  provision in the other act takes precedence and continues to
 2176  operate, notwithstanding the future repeal provided by this act.
 2177         Section 73. If any provision of this act or its application
 2178  to any person or circumstance is held invalid, the invalidity
 2179  does not affect other provisions or applications of the act
 2180  which can be given effect without the invalid provision or
 2181  application, and to this end the provisions of this act are
 2182  severable.
 2183         Section 74. Except as otherwise expressly provided in this
 2184  act and except for this section, which shall take effect upon
 2185  this act becoming a law, this act shall take effect July 1,
 2186  2021, or, if this act fails to become a law until after that
 2187  date, it shall take effect upon becoming a law and shall operate
 2188  retroactively to July 1, 2021.