ENROLLED
       2021 Legislature                          SB 2502, 1st Engrossed
       
       
       
       
       
       
                                                             20212502er
    1  
    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; reenacting and amending s. 1013.62(1), F.S.;
    9         specifying the source of capital outlay funding for
   10         charter schools; providing for the future expiration
   11         and reversion of specified statutory text; amending s.
   12         1011.62, F.S.; extending for 1 fiscal year
   13         authorization for the Legislature to provide a funding
   14         compression and hold harmless allocation; modifying
   15         the manner of prorating appropriations made under the
   16         funding compression and hold harmless allocation;
   17         reenacting s. 1001.26(1), F.S., relating to the public
   18         broadcasting program system; extending for 1 fiscal
   19         year authorization for the Department of Education to
   20         provide certain appropriated funds to certain
   21         education television stations and public colleges and
   22         universities for public broadcasting; providing for
   23         the future expiration and reversion of specified
   24         statutory text; incorporating by reference certain
   25         calculations for the hospital reimbursement program;
   26         authorizing the Agency for Health Care Administration,
   27         in consultation with the Department of Health, to
   28         submit a budget amendment to realign funding for a
   29         component of the Children’s Medical Services program
   30         to reflect actual enrollment changes; specifying
   31         requirements for such realignment; authorizing the
   32         agency to request nonoperating budget authority for
   33         transferring certain federal funds to the Department
   34         of Health; authorizing the Agency for Health Care
   35         Administration to submit a budget amendment to realign
   36         Medicaid funding for specified purposes, subject to
   37         certain limitations; authorizing the Agency for Health
   38         Care Administration and the Department of Health to
   39         each submit a budget amendment to realign funding
   40         within the Florida Kidcare program appropriation
   41         categories or increase budget authority for certain
   42         purposes; specifying the time period within each such
   43         budget amendment must be submitted; amending ss.
   44         381.986 and 381.988, F.S.; extending for 1 year the
   45         exemption of certain rules pertaining to the medical
   46         use of marijuana from certain rulemaking requirements;
   47         amending s. 14(1), chapter 2017-232, Laws of Florida;
   48         exempting certain rules pertaining to medical
   49         marijuana adopted to replace emergency rules from
   50         specified rulemaking requirements; providing for the
   51         future expiration and reversion of specified law;
   52         authorizing the Agency for Health Care Administration,
   53         upon specified federal approval, to establish a
   54         directed payment program for hospitals providing
   55         inpatient and outpatient service to certain enrollees;
   56         authorizing the Agency for Health Care Administration
   57         to submit a budget amendment seeking additional
   58         spending authority to implement the program;
   59         authorizing the Department of Children and Families to
   60         submit a budget amendment to realign funding for
   61         implementation of the Guardianship Assistance Program;
   62         authorizing the Department of Children and Families to
   63         submit a budget amendment to realign funding within
   64         the Family Safety Program for specified purposes;
   65         authorizing the Department of Health to submit a
   66         budget amendment to increase budget authority for the
   67         HIV/AIDS Prevention and Treatment Program if a certain
   68         condition is met; reenacting and amending s. 42(1)-(5)
   69         of chapter 2020-114, Laws of Florida; extending for 1
   70         fiscal year provisions governing the Agency for Health
   71         Care Administration’s replacement of the Florida
   72         Medicaid Management Information System (FMMIS) and
   73         fiscal agent operations; modifying the composition and
   74         duties of the executive steering committee overseeing
   75         the replacement; amending s. 409.916, F.S.;
   76         authorizing funds in the Grants and Donations Trust
   77         Fund supporting the Medicaid program to be used as
   78         provided in the General Appropriations Act; amending
   79         s. 216.262, F.S.; extending for 1 fiscal year the
   80         authority of the Department of Corrections to submit a
   81         budget amendment for additional positions and
   82         appropriations under certain circumstances; requiring
   83         review and approval by the Legislative Budget
   84         Commission; amending s. 1011.80, F.S.; specifying the
   85         manner by which state funds for postsecondary
   86         workforce programs may be used for inmate education;
   87         providing for the future expiration and reversion of
   88         specified statutory text; amending s. 215.18, F.S.;
   89         extending for 1 fiscal year the authority and related
   90         repayment requirements for temporary trust fund loans
   91         to the state court system which are sufficient to meet
   92         the system’s appropriation; requiring the Department
   93         of Juvenile Justice to review county juvenile
   94         detention payments to determine whether a county has
   95         met specified financial responsibilities; requiring
   96         amounts owed by the county for such financial
   97         responsibilities to be deducted from certain county
   98         funds; requiring the Department of Revenue to transfer
   99         withheld funds to a specified trust fund; requiring
  100         the Department of Revenue to ensure that such
  101         reductions in amounts distributed do not reduce
  102         distributions below amounts necessary for certain
  103         payments due on bonds and to comply with bond
  104         covenants; requiring the Department of Revenue to
  105         notify the Department of Juvenile Justice if bond
  106         payment requirements mandate a reduction in deductions
  107         for amounts owed by a county; reenacting s. 27.40(1),
  108         (2)(a), (3)(a), (5), (6), and (7), F.S., relating to
  109         court-appointed counsel; extending for 1 fiscal year
  110         provisions governing the appointment of court
  111         appointed counsel; providing for the future expiration
  112         and reversion of specified statutory text; amending s.
  113         27.5304, F.S., and reenacting subsections (1), (3),
  114         (7), and (11), and paragraphs (12)(a)-(e), relating to
  115         private court-appointed counsel; extending for 1
  116         fiscal year limitations on compensation for
  117         representation in criminal proceedings; providing for
  118         the future expiration and reversion of specified
  119         statutory text; reenacting s. 20.316(2) and (3), F.S.,
  120         relating to the Department of Juvenile Justice;
  121         extending for 1 fiscal year provisions creating the
  122         Accountability and Program Support program within the
  123         department; providing for the future expiration and
  124         reversion of specified statutory text; requiring the
  125         Department of Management Services to use tenant broker
  126         services to renegotiate or reprocure certain private
  127         lease agreements for office or storage space;
  128         requiring the Department of Management Services to
  129         provide a report to the Governor and the Legislature
  130         by a specified date; prohibiting an agency from
  131         transferring funds from a data processing category to
  132         another category that is not a data processing
  133         category; authorizing the Executive Office of the
  134         Governor to transfer funds appropriated for data
  135         processing assessment between departments for a
  136         specified purpose; authorizing the Executive Office of
  137         the Governor to transfer funds between departments for
  138         purposes of aligning amounts paid for risk management
  139         insurance and for human resources services purchased
  140         per statewide contract; reenacting and amending s.
  141         72(1)-(5), chapter 2020-114, Laws of Florida;
  142         extending for 1 fiscal year provisions requiring the
  143         Department of Financial Services to replace specified
  144         components of the Florida Accounting Information
  145         Resource Subsystem (FLAIR) and the Cash Management
  146         Subsystem (CMS); revising the composition of the
  147         executive steering committee overseeing the
  148         replacement of FLAIR and CMS; requiring the chair of
  149         the executive steering committee to request input on
  150         agenda items before a committee meeting; revising
  151         certain duties of the executive steering committee;
  152         amending s. 215.18, F.S.; extending for 1 fiscal year
  153         the authority of the Governor, if there is a specified
  154         temporary deficiency in a land acquisition trust fund
  155         in the Department of Agriculture and Consumer
  156         Services, the Department of Environmental Protection,
  157         the Department of State, or the Fish and Wildlife
  158         Conservation Commission, to transfer funds from other
  159         trust funds in the State Treasury as a temporary loan
  160         to such trust fund; providing a deadline for the
  161         repayment of a temporary loan; requiring the
  162         Department of Environmental Protection to transfer
  163         designated proportions of the revenues deposited in
  164         the Land Acquisition Trust Fund within the department
  165         to land acquisition trust funds in the Department of
  166         Agriculture and Consumer Services, the Department of
  167         State, and the Fish and Wildlife Conservation
  168         Commission according to specified parameters and
  169         calculations; defining the term “department”;
  170         requiring the Department of Environmental Protection
  171         to make transfers to land acquisition trust funds
  172         monthly; specifying the method of determining transfer
  173         amounts; authorizing the Department of Environmental
  174         Protection to advance funds from its land acquisition
  175         trust fund to the Fish and Wildlife Conservation
  176         Commission’s land acquisition trust fund for specified
  177         purposes; amending s. 375.041, F.S.; specifying that
  178         certain funds for projects dedicated to restoring Lake
  179         Apopka shall be appropriated as provided in the
  180         General Appropriations Act; reenacting s.
  181         570.93(1)(a), F.S., relating to the agricultural water
  182         conservation program of the Department of Agriculture
  183         and Consumer Services; extending for 1 fiscal year
  184         provisions governing administration of a cost-share
  185         program; providing for the future expiration and
  186         reversion of specified statutory text; amending s.
  187         259.105, F.S.; providing for the distribution of
  188         proceeds from the Florida Forever Trust Fund for the
  189         2021-2022 fiscal year; amending s. 161.101, F.S.;
  190         authorizing the Department of Environmental Protection
  191         to waive or reduce certain matching requirements for
  192         local governments for beach management and erosion
  193         control projects under specified circumstances;
  194         reenacting s. 376.3071(15)(g), F.S., relating to the
  195         Inland Protection Trust Fund; exempting specified
  196         costs incurred by certain petroleum storage system
  197         owners or operators during a specified period from the
  198         prohibition against making payments in excess of
  199         amounts approved by the Department of Environmental
  200         Protection; providing for the future expiration and
  201         reversion of specified statutory text; amending s.
  202         321.04, F.S.; extending for 1 fiscal year the
  203         requirement that the Department of Highway Safety and
  204         Motor Vehicles assign one or more patrol officers to
  205         the office of Lieutenant Governor for security
  206         purposes, upon request of the Governor; extending for
  207         1 fiscal year the requirement that the Department of
  208         Highway Safety and Motor Vehicles assign a patrol
  209         officer to a Cabinet member under certain
  210         circumstances; amending s. 215.559, F.S.; delaying the
  211         repeal of provisions governing the Division of
  212         Emergency Management’s Hurricane Loss Mitigation
  213         Program; amending s. 288.0655, F.S.; specifying the
  214         manner of distributing grant funds for rural
  215         infrastructure for Florida Panhandle counties for the
  216         2021-2022 fiscal year; amending s. 288.80125, F.S.;
  217         extending for 1 fiscal year a requirement that funds
  218         in the Triumph Gulf Coast Trust Fund be used for the
  219         Rebuild Florida Revolving Loan Fund program for
  220         purposes related to Hurricane Michael recovery;
  221         amending s. 339.08, F.S.; authorizing the transfer of
  222         funds from the State Transportation Trust Fund to the
  223         General Revenue Fund as provided in the General
  224         Appropriations Act; specifying that any amount
  225         transferred be reduced from the total state revenue
  226         deposited into the State Transportation Trust Fund;
  227         authorizing the use of any such funds appropriated
  228         from the General Revenue Fund for specified purposes;
  229         waiving certain requirements under the state work
  230         program for such funds; requiring the Department of
  231         Transportation to track and account for any such funds
  232         appropriated; amending s. 339.135, F.S.; authorizing
  233         the chair and vice chair of the Legislative Budget
  234         Commission to approve certain work program amendments
  235         under specified circumstances; amending s. 341.052,
  236         F.S.; waiving the limitation on local participation
  237         for certain public transit grants; amending s.
  238         112.061, F.S.; extending for 1 fiscal year the
  239         authorization for the Lieutenant Governor to designate
  240         an alternative official headquarters under certain
  241         conditions; specifying restrictions, limitations,
  242         eligibility for the subsistence allowance,
  243         reimbursement of transportation expenses, and payment
  244         thereof; requiring the Department of Management
  245         Services to maintain and offer the same health
  246         insurance options for participants of the State Group
  247         Health Insurance Program for the 2021-2022 fiscal year
  248         as applied in the preceding fiscal year; prohibiting a
  249         state agency from initiating a competitive
  250         solicitation for a product or service under certain
  251         circumstances; providing an exception; providing that
  252         the annual salaries of the members of the Legislature
  253         be maintained at a specified level; reenacting s.
  254         215.32(2)(b), F.S., relating to the source and use of
  255         certain trust funds; providing for the future
  256         expiration and reversion of statutory text; specifying
  257         the types of travel which may be used with state
  258         employee travel funds; providing exceptions; providing
  259         a monetary cap on lodging costs for state employee
  260         travel to certain meetings organized or sponsored by a
  261         state agency or the judicial branch; authorizing
  262         employees to expend their own funds for lodging
  263         expenses that exceed the monetary caps; prohibiting a
  264         state agency from entering into a contract containing
  265         certain nondisclosure agreements; reenacting and
  266         amending s. 216.1366, F.S., relating to contract
  267         terms; extending for 1 fiscal year provisions
  268         requiring each public agency contract for services
  269         after a certain date to authorize public agencies to
  270         inspect specified information related to such
  271         contract; amending s. 216.181, F.S.; authorizing the
  272         Legislative Budget Commission to increase amounts
  273         appropriated to state agencies for specified fixed
  274         capital outlay projects; incorporating by reference
  275         certain calculations of reversions; authorizing state
  276         agencies to submit budget amendments to implement any
  277         necessary salary increases to address pay plan
  278         compression resulting from the increase in the state
  279         minimum wage; authorizing a certain level of payment
  280         for consenting retired commissioners of the Florida
  281         Commission on Offender Review who return to temporary
  282         duty; amending s. 282.709, F.S.; providing legislative
  283         findings regarding the state agency law enforcement
  284         radio system; requiring the Department of Management
  285         Services to enter a contract for a specified term with
  286         the operator of the statewide radio communications
  287         system as of a specified date; specifying requirements
  288         for such contract; removing the requirement that
  289         specified goods and services for the statewide radio
  290         system be acquired through competitive procurement;
  291         providing for the future expiration and reversion of
  292         specified statutory text; amending s. 350.0614, F.S.;
  293         revising provisions governing the budget of the Office
  294         of Public Counsel; requiring the presiding officers of
  295         the Legislature to jointly approve the operating
  296         budget of the office; requiring the Public Counsel to
  297         submit an annual budget request to the Legislature in
  298         a specified manner; authorizing the Public Counsel to
  299         employ specified personnel, subject to applicable
  300         provisions of the Joint Policies and Procedures of the
  301         Presiding Officers; requiring certain input of the
  302         presiding officers regarding administrative matters of
  303         the office not addressed in the joint policies and
  304         procedures; exempting specified competitive
  305         procurement requirements for the Department of
  306         Environmental Protection for the procurement of
  307         commodities and contractual services in response to
  308         the Piney Point facility closure; authorizing the use
  309         of funds towards the continuum of care program at the
  310         Graceville Correctional Facility; reenacting and
  311         amending s. 14.35, F.S.; extending for 1 fiscal year
  312         provisions authorizing the Governor’s Medal of
  313         Freedom; providing conditions under which the veto of
  314         certain appropriations or proviso language in the
  315         General Appropriations Act voids language that
  316         implements such appropriation; providing for the
  317         continued operation of certain provisions
  318         notwithstanding a future repeal or expiration provided
  319         by the act; providing severability; providing
  320         effective dates.
  321          
  322  Be It Enacted by the Legislature of the State of Florida:
  323  
  324         Section 1. It is the intent of the Legislature that the
  325  implementing and administering provisions of this act apply to
  326  the General Appropriations Act for the 2021-2022 fiscal year.
  327         Section 2. In order to implement Specific Appropriations 7,
  328  8, 90, and 91 of the 2021-2022 General Appropriations Act, the
  329  calculations of the Florida Education Finance Program for the
  330  2021-2022 fiscal year included in the document titled “Public
  331  School Funding: The Florida Education Finance Program (FEFP)
  332  Fiscal Year 2021-2022,” dated April 27, 2021, and filed with the
  333  Secretary of the Senate, are incorporated by reference for the
  334  purpose of displaying the calculations used by the Legislature,
  335  consistent with the requirements of state law, in making
  336  appropriations for the Florida Education Finance Program. This
  337  section expires July 1, 2022.
  338         Section 3. In order to implement Specific Appropriations 7
  339  and 90 of the 2021-2022 General Appropriations Act, and
  340  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  341  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  342  expenditure of funds provided for instructional materials, for
  343  the 2021-2022 fiscal year, funds provided for instructional
  344  materials shall be released and expended as required in the
  345  proviso language for Specific Appropriation 90 of the 2021-2022
  346  General Appropriations Act. This section expires July 1, 2022.
  347         Section 4. In order to implement Specific Appropriation 19
  348  of the 2021-2022 General Appropriations Act, and notwithstanding
  349  the expiration date in section 6 of chapter 2020-114, Laws of
  350  Florida, subsection (1) of section 1013.62, Florida Statutes, is
  351  reenacted and amended to read:
  352         1013.62 Charter schools capital outlay funding.—
  353         (1) For the 2021-2022 2020-2021 fiscal year, charter school
  354  capital outlay funding shall consist of state funds appropriated
  355  in the 2021-2022 2020-2021 General Appropriations Act. Beginning
  356  in fiscal year 2022-2023 2021-2022, charter school capital
  357  outlay funding shall consist of state funds when such funds are
  358  appropriated in the General Appropriations Act and revenue
  359  resulting from the discretionary millage authorized in s.
  360  1011.71(2) if the amount of state funds appropriated for charter
  361  school capital outlay in any fiscal year is less than the
  362  average charter school capital outlay funds per unweighted full
  363  time equivalent student for the 2018-2019 fiscal year,
  364  multiplied by the estimated number of charter school students
  365  for the applicable fiscal year, and adjusted by changes in the
  366  Consumer Price Index issued by the United States Department of
  367  Labor from the previous fiscal year. Nothing in this subsection
  368  prohibits a school district from distributing to charter schools
  369  funds resulting from the discretionary millage authorized in s.
  370  1011.71(2).
  371         (a) To be eligible to receive capital outlay funds, a
  372  charter school must:
  373         1.a. Have been in operation for 2 or more years;
  374         b. Be governed by a governing board established in the
  375  state for 2 or more years which operates both charter schools
  376  and conversion charter schools within the state;
  377         c. Be an expanded feeder chain of a charter school within
  378  the same school district that is currently receiving charter
  379  school capital outlay funds;
  380         d. Have been accredited by a regional accrediting
  381  association as defined by State Board of Education rule; or
  382         e. Serve students in facilities that are provided by a
  383  business partner for a charter school-in-the-workplace pursuant
  384  to s. 1002.33(15)(b).
  385         2. Have an annual audit that does not reveal any of the
  386  financial emergency conditions provided in s. 218.503(1) for the
  387  most recent fiscal year for which such audit results are
  388  available.
  389         3. Have satisfactory student achievement based on state
  390  accountability standards applicable to the charter school.
  391         4. Have received final approval from its sponsor pursuant
  392  to s. 1002.33 for operation during that fiscal year.
  393         5. Serve students in facilities that are not provided by
  394  the charter school’s sponsor.
  395         (b) A charter school is not eligible to receive capital
  396  outlay funds if it was created by the conversion of a public
  397  school and operates in facilities provided by the charter
  398  school’s sponsor for a nominal fee, or at no charge, or if it is
  399  directly or indirectly operated by the school district.
  400         Section 5. The amendments to s. 1013.62(1), Florida
  401  Statutes, by this act expire July 1, 2022, and the text of that
  402  subsection shall revert to that in existence on June 30, 2020,
  403  except that any amendments to such text enacted other than by
  404  this act shall be preserved and continue to operate to the
  405  extent that such amendments are not dependent upon the portions
  406  of text which expire pursuant to this section.
  407         Section 6. In order to implement Specific Appropriations 7
  408  and 90 of the 2021-2022 General Appropriations Act, subsection
  409  (17) of section 1011.62, Florida Statutes, is amended to read:
  410         1011.62 Funds for operation of schools.—If the annual
  411  allocation from the Florida Education Finance Program to each
  412  district for operation of schools is not determined in the
  413  annual appropriations act or the substantive bill implementing
  414  the annual appropriations act, it shall be determined as
  415  follows:
  416         (17) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
  417  Legislature may provide an annual funding compression and hold
  418  harmless allocation in the General Appropriations Act. The
  419  allocation is created to provide additional funding to school
  420  districts if the school district’s total funds per FTE in the
  421  prior year were less than the statewide average or if the school
  422  district’s district cost differential in the current year is
  423  less than the prior year. The total allocation shall be
  424  distributed to eligible school districts as follows:
  425         (a) Using the most recent prior year FEFP calculation for
  426  each eligible school district, subtract the total school
  427  district funds per FTE from the state average funds per FTE, not
  428  including any adjustments made pursuant to paragraph (19)(b).
  429  The resulting funds per FTE difference, or a portion thereof, as
  430  designated in the General Appropriations Act, shall then be
  431  multiplied by the school district’s total unweighted FTE.
  432         (b) Multiply the absolute value of the difference between
  433  the eligible school district’s current year district cost
  434  differential and the prior year district cost differential by a
  435  hold harmless factor as designated in the General Appropriations
  436  Act. The result is the district cost differential hold harmless
  437  index. Multiply the index by the eligible school district’s
  438  weighted FTE and by the base student allocation as designated in
  439  the General Appropriations Act.
  440         (c) For each district, select the greater of Add the
  441  amounts calculated in paragraphs (a) and (b) and upon summation,
  442  if the total amount is greater than the amount included in the
  443  General Appropriations Act, the allocation shall be prorated to
  444  the appropriation amount based on each participating school
  445  district’s share.
  446  
  447  This subsection expires July 1, 2022 2021.
  448         Section 7. In order to implement Specific Appropriation 119
  449  of the 2021-2022 General Appropriations Act, and notwithstanding
  450  the expiration date in section 8 of chapter 2020-114, Laws of
  451  Florida, subsection (1) of section 1001.26, Florida Statutes, is
  452  reenacted to read:
  453         1001.26 Public broadcasting program system.—
  454         (1) There is created a public broadcasting program system
  455  for the state. The department shall provide funds, as
  456  specifically appropriated in the General Appropriations Act, to
  457  educational television stations qualified by the Corporation for
  458  Public Broadcasting or public colleges and universities that are
  459  part of the public broadcasting program system. The program
  460  system must include:
  461         (a) Support for existing Corporation for Public
  462  Broadcasting qualified program system educational television
  463  stations.
  464         (b) Maintenance of quality broadcast capability for
  465  educational stations that are part of the program system.
  466         (c) Interconnection of all educational stations that are
  467  part of the program system for simultaneous broadcast and of
  468  such stations with all universities and other institutions as
  469  necessary for sharing of resources and delivery of programming.
  470         (d) Establishment and maintenance of a capability for
  471  statewide program distribution with facilities and staff,
  472  provided such facilities and staff complement and strengthen
  473  existing educational television stations.
  474         (e) Provision of both statewide programming funds and
  475  station programming support for educational television to meet
  476  statewide priorities. Priorities for station programming need
  477  not be the same as priorities for programming to be used
  478  statewide. Station programming may include, but shall not be
  479  limited to, citizens’ participation programs, music and fine
  480  arts programs, coverage of public hearings and governmental
  481  meetings, equal air time for political candidates, and other
  482  public interest programming.
  483         Section 8. The text of s. 1001.26(1), Florida Statutes, as
  484  carried forward from chapter 2018-10, Laws of Florida, by this
  485  act, expires July 1, 2022, and the text of that subsection shall
  486  revert to that in existence on June 30, 2018, except that any
  487  amendment enacted other than by this act shall be preserved and
  488  continue to operate to the extent that such amendments are not
  489  dependent upon the portions of text which expire pursuant to
  490  this section.
  491         Section 9. In order to implement Specific Appropriations
  492  202, 206, and 210 of the 2021-2022 General Appropriations Act,
  493  the calculations for the hospital reimbursement program for the
  494  2021-2022 fiscal year contained in the document titled “Hospital
  495  Reimbursement Program, Fiscal Year 2021-2022,” dated April 27,
  496  2021, and filed with the Secretary of the Senate, are
  497  incorporated by reference for the purpose of displaying the
  498  calculations used by the Legislature, consistent with the
  499  requirements of state law, in making appropriations for the
  500  hospital reimbursement program. This section expires July 1,
  501  2022.
  502         Section 10. In order to implement Specific Appropriations
  503  196 through 223 and 515 of the 2021-2022 General Appropriations
  504  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  505  Statutes, the Agency for Health Care Administration, in
  506  consultation with the Department of Health, may submit a budget
  507  amendment, subject to the notice, review, and objection
  508  procedures of s. 216.177, Florida Statutes, to realign funding
  509  within and between agencies based on implementation of the
  510  managed medical assistance component of the Statewide Medicaid
  511  Managed Care program for the Children’s Medical Services program
  512  of the Department of Health. The funding realignment shall
  513  reflect the actual enrollment changes due to the transfer of
  514  beneficiaries from fee-for-service to the capitated Children’s
  515  Medical Services network. The Agency for Health Care
  516  Administration may submit a request for nonoperating budget
  517  authority to transfer the federal funds to the Department of
  518  Health pursuant to s. 216.181(12), Florida Statutes. This
  519  section expires July 1, 2022.
  520         Section 11. In order to implement Specific Appropriations
  521  196 through 223 of the 2021-2022 General Appropriations Act, and
  522  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  523  Agency for Health Care Administration may submit a budget
  524  amendment, subject to the notice, review, and objection
  525  procedures of s. 216.177, Florida Statutes, to realign funding
  526  within the Medicaid program appropriation categories to address
  527  projected surpluses and deficits within the program and to
  528  maximize the use of state trust funds. A single budget amendment
  529  shall be submitted in the last quarter of the 2021-2022 fiscal
  530  year only. This section expires July 1, 2022.
  531         Section 12. In order to implement Specific Appropriations
  532  175 through 180 and 515 of the 2021-2022 General Appropriations
  533  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  534  Statutes, the Agency for Health Care Administration and the
  535  Department of Health may each submit a budget amendment, subject
  536  to the notice, review, and objection procedures of s. 216.177,
  537  Florida Statutes, to realign funding within the Florida Kidcare
  538  program appropriation categories, or to increase budget
  539  authority in the Children’s Medical Services network category,
  540  to address projected surpluses and deficits within the program
  541  or to maximize the use of state trust funds. A single budget
  542  amendment must be submitted by each agency in the last quarter
  543  of the 2021-2022 fiscal year only. This section expires July 1,
  544  2022.
  545         Section 13. In order to implement Specific Appropriations
  546  460 through 462, 466, 467, 469A, and 474 of the 2021-2022
  547  General Appropriations Act, subsection (17) of section 381.986,
  548  Florida Statutes, is amended to read:
  549         381.986 Medical use of marijuana.—
  550         (17) Rules adopted pursuant to this section before July 1,
  551  2022 2021, are not subject to ss. 120.54(3)(b) and 120.541. This
  552  subsection expires July 1, 2022 2021.
  553         Section 14. In order to implement Specific Appropriations
  554  460 through 462, 466, 467, 469A, and 474 of the 2021-2022
  555  General Appropriations Act, subsection (11) of section 381.988,
  556  Florida Statutes, is amended to read:
  557         381.988 Medical marijuana testing laboratories; marijuana
  558  tests conducted by a certified laboratory.—
  559         (11) Rules adopted under subsection (9) before July 1, 2022
  560  2021, are not subject to ss. 120.54(3)(b) and 120.541. This
  561  subsection expires July 1, 2022 2021.
  562         Section 15. Effective July 1, 2021, upon the expiration and
  563  reversion of the amendments made to subsection (1) of section 14
  564  of chapter 2017-232, Laws of Florida, pursuant to section 34 of
  565  chapter 2020-114, Laws of Florida, and in order to implement
  566  Specific Appropriations 460 through 462, 466, 467, 469A, and 474
  567  of the 2021-2022 General Appropriations Act, subsection (1) of
  568  section 14 of chapter 2017-232, Laws of Florida, is amended to
  569  read:
  570         Section 14. Department of Health; authority to adopt rules;
  571  cause of action.—
  572         (1) EMERGENCY RULEMAKING.—
  573         (a) The Department of Health and the applicable boards
  574  shall adopt emergency rules pursuant to s. 120.54(4), Florida
  575  Statutes, and this section necessary to implement ss. 381.986
  576  and 381.988, Florida Statutes. If an emergency rule adopted
  577  under this section is held to be unconstitutional or an invalid
  578  exercise of delegated legislative authority, and becomes void,
  579  the department or the applicable boards may adopt an emergency
  580  rule pursuant to this section to replace the rule that has
  581  become void. If the emergency rule adopted to replace the void
  582  emergency rule is also held to be unconstitutional or an invalid
  583  exercise of delegated legislative authority and becomes void,
  584  the department and the applicable boards must follow the
  585  nonemergency rulemaking procedures of the Administrative
  586  Procedures Act to replace the rule that has become void.
  587         (b) For emergency rules adopted under this section, the
  588  department and the applicable boards need not make the findings
  589  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
  590  adopted under this section are exempt from ss. 120.54(3)(b) and
  591  120.541, Florida Statutes. The department and the applicable
  592  boards shall meet the procedural requirements in s. 120.54(4)(a)
  593  s. 120.54(a), Florida Statutes, if the department or the
  594  applicable boards have, before July 1, 2019 the effective date
  595  of this act, held any public workshops or hearings on the
  596  subject matter of the emergency rules adopted under this
  597  subsection. Challenges to emergency rules adopted under this
  598  subsection are subject to the time schedules provided in s.
  599  120.56(5), Florida Statutes.
  600         (c) Emergency rules adopted under this section are exempt
  601  from s. 120.54(4)(c), Florida Statutes, and shall remain in
  602  effect until replaced by rules adopted under the nonemergency
  603  rulemaking procedures of the Administrative Procedures Act.
  604  Rules adopted under the nonemergency rulemaking procedures of
  605  the Administrative Procedures Act to replace emergency rules
  606  adopted under this section are exempt from ss. 120.54(3)(b) and
  607  120.541, Florida Statutes. By July 1, 2022 January 1, 2018, the
  608  department and the applicable boards shall initiate nonemergency
  609  rulemaking pursuant to the Administrative Procedures Act to
  610  replace all emergency rules adopted under this section by
  611  publishing a notice of rule development in the Florida
  612  Administrative Register. Except as provided in paragraph (a),
  613  after July 1, 2022 January 1, 2018, the department and
  614  applicable boards may not adopt rules pursuant to the emergency
  615  rulemaking procedures provided in this section.
  616         Section 16. The amendments to s. 14(1) of chapter 2017-232,
  617  Laws of Florida, made by this act expire July 1, 2022, and the
  618  text of that subsection shall revert to that in existence on
  619  June 30, 2019, except that any amendments to such text enacted
  620  other than by this act shall be preserved and continue to
  621  operate to the extent that such amendments are not dependent
  622  upon the portions of text which expire pursuant to this section.
  623         Section 17. In order to implement Specific Appropriations
  624  202, 206, and 210 of the 2021-2022 General Appropriations Act,
  625  the Agency for Health Care Administration, upon approval from
  626  the Centers for Medicare and Medicaid Services, may establish a
  627  directed payment program for hospitals providing inpatient and
  628  outpatient services to Medicaid managed care enrollees. The
  629  Agency for Health Care Administration is authorized to submit a
  630  budget amendment pursuant to chapter 216, Florida Statutes,
  631  requesting additional spending authority to implement the
  632  program. This section expires July 1, 2022.
  633         Section 18. In order to implement Specific Appropriations
  634  321, 323, 352, and 353 of the 2021-2022 General Appropriations
  635  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  636  Statutes, the Department of Children and Families may submit a
  637  budget amendment, subject to the notice, review, and objection
  638  procedures of s. 216.177, Florida Statutes, to realign funding
  639  within the department based on the implementation of the
  640  Guardianship Assistance Program, between and among the specific
  641  appropriations for guardianship assistance payments, foster care
  642  Level 1 room and board payments, relative caregiver payments,
  643  and nonrelative caregiver payments. This section expires July 1,
  644  2022.
  645         Section 19. In order to implement Specific Appropriations
  646  303 through 306, 310, 311, 314, 319 through 321, and 323 of the
  647  2021-2022 General Appropriations Act, and notwithstanding ss.
  648  216.181 and 216.292, Florida Statutes, the Department of
  649  Children and Families may submit a budget amendment, subject to
  650  the notice, review, and objection procedures of s. 216.177,
  651  Florida Statutes, to realign funding within the Family Safety
  652  Program to maximize the use of Title IV-E and other federal
  653  funds. This section expires July 1, 2022.
  654         Section 20. In order to implement Specific Appropriations
  655  463 and 500 of the 2021-2022 General Appropriations Act, and
  656  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
  657  Department of Health may submit a budget amendment, subject to
  658  the notice, review, and objection procedures of s. 216.177,
  659  Florida Statutes, to increase budget authority for the HIV/AIDS
  660  Prevention and Treatment Program if additional federal revenues
  661  specific to HIV/AIDS prevention and treatment become available
  662  in the 2021-2022 fiscal year. This section expires July 1, 2022.
  663         Section 21. In order to implement Specific Appropriation
  664  190 of the 2021-2022 General Appropriations Act, subsections (1)
  665  through (5) of section 42 of chapter 2020-114, Laws of Florida,
  666  are reenacted and amended to read:
  667         Section 42. (1) The Agency for Health Care Administration
  668  shall replace the current Florida Medicaid Management
  669  Information System (FMMIS) and fiscal agent operations with a
  670  system that is modular, interoperable, and scalable for the
  671  Florida Medicaid program that complies with all applicable
  672  federal and state laws and requirements. The agency may not
  673  include in the project to replace the current FMMIS and fiscal
  674  agent contract:
  675         (a) Functionality that duplicates any of the information
  676  systems of the other health and human services state agencies;
  677  or
  678         (b) Procurement for agency requirements external to
  679  Medicaid programs with the intent to leverage the Medicaid
  680  technology infrastructure for other purposes without legislative
  681  appropriation or legislative authorization to procure these
  682  requirements.
  683  
  684  The new system, the Florida Health Care Connection (FX) system,
  685  must provide better integration with subsystems supporting
  686  Florida’s Medicaid program; uniformity, consistency, and
  687  improved access to data; and compatibility with the Centers for
  688  Medicare and Medicaid Services’ Medicaid Information Technology
  689  Architecture (MITA) as the system matures and expands its
  690  functionality.
  691         (2) For purposes of replacing FMMIS and the current
  692  Medicaid fiscal agent, the Agency for Health Care Administration
  693  shall:
  694         (a) Prioritize procurements for the replacement of the
  695  current functions of FMMIS and the responsibilities of the
  696  current Medicaid fiscal agent, to minimize the need to extend
  697  all or portions of the current fiscal agent contract.
  698         (b) Comply with and not exceed the Centers for Medicare and
  699  Medicaid Services funding authorizations for the FX system.
  700         (c) Ensure compliance and uniformity with published MITA
  701  framework and guidelines.
  702         (d) Ensure that all business requirements and technical
  703  specifications have been provided to all affected state agencies
  704  for their review and input and approved by the executive
  705  steering committee established in paragraph (g).
  706         (e) Consult with the Executive Office of the Governor’s
  707  working group for interagency information technology integration
  708  for the development of competitive solicitations that provide
  709  for data interoperability and shared information technology
  710  services across the state’s health and human services agencies.
  711         (f) Implement a data governance structure for the project
  712  to coordinate data sharing and interoperability across state
  713  healthcare entities.
  714         (g) Implement a project governance structure that includes
  715  an executive steering committee composed of:
  716         1. The Secretary of Health Care Administration, or the
  717  executive sponsor of the project.
  718         2. A representative of the Division of Operations of the
  719  Agency for Health Care Administration, appointed by the
  720  Secretary of Health Care Administration The Assistant Secretary
  721  for Child Welfare of the Department of Children and Families, or
  722  his or her designee.
  723         3. The Assistant Secretary for Economic Self-Sufficiency of
  724  the Department of Children and Families, or his or her designee.
  725         4. Two representatives employees from the Division of
  726  Medicaid of the Agency for Health Care Administration, appointed
  727  by the Secretary of Health Care Administration.
  728         4.5. A representative of the Division of Health Quality
  729  Assurance of the Agency for Health Care Administration,
  730  appointed by the Secretary of Health Care Administration.
  731         5.6. A representative of the Florida Center for Health
  732  Information and Transparency of the Agency for Health Care
  733  Administration, appointed by the Secretary of Health Care
  734  Administration.
  735         7. A representative of the Division of Operations of the
  736  Agency for Health Care Administration, appointed by the
  737  Secretary of Health Care Administration.
  738         6.8. The Chief Information Officer of the Agency for Health
  739  Care Administration, or his or her designee.
  740         7.9. The state chief information officer, or his or her
  741  designee.
  742         8.10.Two representatives of the Department of Children and
  743  Families, appointed by the Secretary of Children and Families
  744  The Deputy Secretary for Children’s Medical Services of the
  745  Department of Health, or his or her designee.
  746         9. A representative of the Department of Health, appointed
  747  by the State Surgeon General.
  748         10.11. A representative of the Agency for Persons with
  749  Disabilities who has experience with the preparation and
  750  submission of waivers to the Centers for Medicare and Medicaid
  751  Services, appointed by the director of the Agency for Persons
  752  with Disabilities.
  753         11.12. A representative from the Florida Healthy Kids
  754  Corporation.
  755         12.13. A representative from the Department of Elderly
  756  Affairs who has experience with the Medicaid Program within that
  757  department, appointed by the Secretary of Elderly Affairs.
  758         13.14. A representative of the Department of Financial
  759  Services who has experience with the state’s financial processes
  760  including development of the PALM system, appointed by the Chief
  761  Financial Officer.
  762         (3) The Secretary of Health Care Administration or the
  763  executive sponsor of the project shall serve as chair of the
  764  executive steering committee, and the committee shall take
  765  action by a vote of at least 10 affirmative votes with the chair
  766  voting on the prevailing side. A quorum of the executive
  767  steering committee consists of at least 11 members.
  768         (4) The executive steering committee has the overall
  769  responsibility for ensuring that the project to replace FMMIS
  770  and the Medicaid fiscal agent meets its primary business
  771  objectives and shall:
  772         (a) Identify and recommend to the Executive Office of the
  773  Governor, the President of the Senate, and the Speaker of the
  774  House of Representatives any statutory changes needed to
  775  implement the modular replacement to standardize, to the fullest
  776  extent possible, the state’s healthcare data and business
  777  processes.
  778         (b) Review and approve any changes to the project’s scope,
  779  schedule, and budget which do not conflict with the requirements
  780  of subsections (1) and (2).
  781         (c) Ensure that adequate resources are provided throughout
  782  all phases of the project.
  783         (d) Approve all major project deliverables.
  784         (e) Review and verify that Approve all procurement and
  785  contractual solicitation-related documents associated with the
  786  replacement of the current FMMIS and Medicaid fiscal agent align
  787  with the scope, schedule, and anticipated budget for the
  788  project.
  789         (5) This section expires July 1, 2022 2021.
  790         Section 22. Effective upon becoming a law, in order to
  791  implement section 58 of the 2021-2022 General Appropriations
  792  Act, subsection (7) is added to section 409.916, Florida
  793  Statutes, to read:
  794         409.916 Grants and Donations Trust Fund.—
  795         (7) Funds may be used for other purposes as specified in
  796  the General Appropriations Act. This subsection expires July 1,
  797  2021.
  798         Section 23. In order to implement Specific Appropriations
  799  572 through 680 and 692 through 726 of the 2021-2022 General
  800  Appropriations Act, subsection (4) of section 216.262, Florida
  801  Statutes, is amended to read:
  802         216.262 Authorized positions.—
  803         (4) Notwithstanding the provisions of this chapter relating
  804  to increasing the number of authorized positions, and for the
  805  2021-2022 2020-2021 fiscal year only, if the actual inmate
  806  population of the Department of Corrections exceeds the inmate
  807  population projections of the March 17, 2021 December 17, 2019,
  808  Criminal Justice Estimating Conference by 1 percent for 2
  809  consecutive months or 2 percent for any month, the Executive
  810  Office of the Governor, with the approval of the Legislative
  811  Budget Commission, shall immediately notify the Criminal Justice
  812  Estimating Conference, which shall convene as soon as possible
  813  to revise the estimates. The Department of Corrections may then
  814  submit a budget amendment requesting the establishment of
  815  positions in excess of the number authorized by the Legislature
  816  and additional appropriations from unallocated general revenue
  817  sufficient to provide for essential staff, fixed capital
  818  improvements, and other resources to provide classification,
  819  security, food services, health services, and other variable
  820  expenses within the institutions to accommodate the estimated
  821  increase in the inmate population. All actions taken pursuant to
  822  this subsection are subject to review and approval by the
  823  Legislative Budget Commission. This subsection expires July 1,
  824  2022 2021.
  825         Section 24. In order to implement Specific Appropriation
  826  714 of the 2021-2022 General Appropriations Act, and upon the
  827  expiration and reversion of the amendments made by section 54 of
  828  chapter 2020-114, Laws of Florida, paragraph (b) of subsection
  829  (8) of section 1011.80, Florida Statutes, is amended to read:
  830         1011.80 Funds for operation of workforce education
  831  programs.—
  832         (8)
  833         (b) State funds provided for the operation of postsecondary
  834  workforce programs may not be expended for the education of
  835  state or federal inmates, except to the extent that such funds
  836  are specifically appropriated for such purpose in the 2021-2022
  837  General Appropriations Act with more than 24 months of time
  838  remaining to serve on their sentences or federal inmates.
  839         Section 25. The amendment to s. 1011.80(8)(b), Florida
  840  Statutes, made by this act expires July 1, 2022, and the text of
  841  that paragraph shall revert to that in existence on July 1,
  842  2019, but not including any amendments made by this act or
  843  chapters 2020-114, 2019-116, and 2018-10, Laws of Florida, and
  844  any amendments to such text enacted other than by this act shall
  845  be preserved and continue to operate to the extent that such
  846  amendments are not dependent upon the portions of text which
  847  expire pursuant to this section.
  848         Section 26. In order to implement Specific Appropriations
  849  3113 through 3179 of the 2021-2022 General Appropriations Act,
  850  subsection (2) of section 215.18, Florida Statutes, is amended
  851  to read:
  852         215.18 Transfers between funds; limitation.—
  853         (2) The Chief Justice of the Supreme Court may receive one
  854  or more trust fund loans to ensure that the state court system
  855  has funds sufficient to meet its appropriations in the 2021-2022
  856  2020-2021 General Appropriations Act. If the Chief Justice
  857  accesses the loan, he or she must notify the Governor and the
  858  chairs of the legislative appropriations committees in writing.
  859  The loan must come from other funds in the State Treasury which
  860  are for the time being or otherwise in excess of the amounts
  861  necessary to meet the just requirements of such last-mentioned
  862  funds. The Governor shall order the transfer of funds within 5
  863  days after the written notification from the Chief Justice. If
  864  the Governor does not order the transfer, the Chief Financial
  865  Officer shall transfer the requested funds. The loan of funds
  866  from which any money is temporarily transferred must be repaid
  867  by the end of the 2021-2022 2020-2021 fiscal year. This
  868  subsection expires July 1, 2022 2021.
  869         Section 27. In order to implement Specific Appropriations
  870  1105 through 1116 of the 2021-2022 General Appropriations Act:
  871         (1) The Department of Juvenile Justice is required to
  872  review county juvenile detention payments to ensure that
  873  counties fulfill their financial responsibilities required in s.
  874  985.6865, Florida Statutes. If the Department of Juvenile
  875  Justice determines that a county has not met its obligations,
  876  the department shall direct the Department of Revenue to deduct
  877  the amount owed to the Department of Juvenile Justice from the
  878  funds provided to the county under s. 218.23, Florida Statutes.
  879  The Department of Revenue shall transfer the funds withheld to
  880  the Shared County/State Juvenile Detention Trust Fund.
  881         (2)As an assurance to holders of bonds issued by counties
  882  before July 1, 2021, for which distributions made pursuant to s.
  883  218.23, Florida Statutes, are pledged, or bonds issued to refund
  884  such bonds which mature no later than the bonds they refunded
  885  and which result in a reduction of debt service payable in each
  886  fiscal year, the amount available for distribution to a county
  887  shall remain as provided by law and continue to be subject to
  888  any lien or claim on behalf of the bondholders. The Department
  889  of Revenue must ensure, based on information provided by an
  890  affected county, that any reduction in amounts distributed
  891  pursuant to subsection (1) does not reduce the amount of
  892  distribution to a county below the amount necessary for the
  893  timely payment of principal and interest when due on the bonds
  894  and the amount necessary to comply with any covenant under the
  895  bond resolution or other documents relating to the issuance of
  896  the bonds. If a reduction to a county’s monthly distribution
  897  must be decreased in order to comply with this section, the
  898  Department of Revenue must notify the Department of Juvenile
  899  Justice of the amount of the decrease, and the Department of
  900  Juvenile Justice must send a bill for payment of such amount to
  901  the affected county.
  902         (3)This section expires July 1, 2022.
  903         Section 28. In order to implement Specific Appropriations
  904  736 through 757, 905 through 1048, and 1069 through 1104 of the
  905  2021-2022 General Appropriations Act, and notwithstanding the
  906  expiration date in section 59 of chapter 2020-114, Laws of
  907  Florida, subsection (1), paragraph (a) of subsection (2),
  908  paragraph (a) of subsection (3), and subsections (5), (6), and
  909  (7) of section 27.40, Florida Statutes, are reenacted to read:
  910         27.40 Court-appointed counsel; circuit registries; minimum
  911  requirements; appointment by court.—
  912         (1) Counsel shall be appointed to represent any individual
  913  in a criminal or civil proceeding entitled to court-appointed
  914  counsel under the Federal or State Constitution or as authorized
  915  by general law. The court shall appoint a public defender to
  916  represent indigent persons as authorized in s. 27.51. The office
  917  of criminal conflict and civil regional counsel shall be
  918  appointed to represent persons in those cases in which provision
  919  is made for court-appointed counsel, but only after the public
  920  defender has certified to the court in writing that the public
  921  defender is unable to provide representation due to a conflict
  922  of interest or is not authorized to provide representation. The
  923  public defender shall report, in the aggregate, the specific
  924  basis of all conflicts of interest certified to the court. On a
  925  quarterly basis, the public defender shall submit this
  926  information to the Justice Administrative Commission.
  927         (2)(a) Private counsel shall be appointed to represent
  928  persons in those cases in which provision is made for court
  929  appointed counsel but only after the office of criminal conflict
  930  and civil regional counsel has been appointed and has certified
  931  to the court in writing that the criminal conflict and civil
  932  regional counsel is unable to provide representation due to a
  933  conflict of interest. The criminal conflict and civil regional
  934  counsel shall report, in the aggregate, the specific basis of
  935  all conflicts of interest certified to the court. On a quarterly
  936  basis, the criminal conflict and civil regional counsel shall
  937  submit this information to the Justice Administrative
  938  Commission.
  939         (3) In using a registry:
  940         (a) The chief judge of the circuit shall compile a list of
  941  attorneys in private practice, by county and by category of
  942  cases, and provide the list to the clerk of court in each
  943  county. The chief judge of the circuit may restrict the number
  944  of attorneys on the general registry list. To be included on a
  945  registry, an attorney must certify that he or she:
  946         1. Meets any minimum requirements established by the chief
  947  judge and by general law for court appointment;
  948         2. Is available to represent indigent defendants in cases
  949  requiring court appointment of private counsel; and
  950         3. Is willing to abide by the terms of the contract for
  951  services, s. 27.5304, and this section.
  952  
  953  To be included on a registry, an attorney must enter into a
  954  contract for services with the Justice Administrative
  955  Commission. Failure to comply with the terms of the contract for
  956  services may result in termination of the contract and removal
  957  from the registry. Each attorney on the registry is responsible
  958  for notifying the clerk of the court and the Justice
  959  Administrative Commission of any change in his or her status.
  960  Failure to comply with this requirement is cause for termination
  961  of the contract for services and removal from the registry until
  962  the requirement is fulfilled.
  963         (5) The Justice Administrative Commission shall approve
  964  uniform contract forms for use in procuring the services of
  965  private court-appointed counsel and uniform procedures and forms
  966  for use by a court-appointed attorney in support of billing for
  967  attorney’s fees, costs, and related expenses to demonstrate the
  968  attorney’s completion of specified duties. Such uniform
  969  contracts and forms for use in billing must be consistent with
  970  s. 27.5304, s. 216.311, and the General Appropriations Act and
  971  must contain the following statement: “The State of Florida’s
  972  performance and obligation to pay under this contract is
  973  contingent upon an annual appropriation by the Legislature.”
  974         (6) After court appointment, the attorney must immediately
  975  file a notice of appearance with the court indicating acceptance
  976  of the appointment to represent the defendant and of the terms
  977  of the uniform contract as specified in subsection (5).
  978         (7)(a) A private attorney appointed by the court from the
  979  registry to represent a client is entitled to payment as
  980  provided in s. 27.5304 so long as the requirements of subsection
  981  (1) and paragraph (2)(a) are met. An attorney appointed by the
  982  court who is not on the registry list may be compensated under
  983  s. 27.5304 only if the court finds in the order of appointment
  984  that there were no registry attorneys available for
  985  representation for that case and only if the requirements of
  986  subsection (1) and paragraph (2)(a) are met.
  987         (b)1. The flat fee established in s. 27.5304 and the
  988  General Appropriations Act shall be presumed by the court to be
  989  sufficient compensation. The attorney shall maintain appropriate
  990  documentation, including contemporaneous and detailed hourly
  991  accounting of time spent representing the client. If the
  992  attorney fails to maintain such contemporaneous and detailed
  993  hourly records, the attorney waives the right to seek
  994  compensation in excess of the flat fee established in s. 27.5304
  995  and the General Appropriations Act. These records and documents
  996  are subject to review by the Justice Administrative Commission
  997  and audit by the Auditor General, subject to the attorney-client
  998  privilege and work-product privilege. The attorney shall
  999  maintain the records and documents in a manner that enables the
 1000  attorney to redact any information subject to a privilege in
 1001  order to facilitate the commission’s review of the records and
 1002  documents and not to impede such review. The attorney may redact
 1003  information from the records and documents only to the extent
 1004  necessary to comply with the privilege. The Justice
 1005  Administrative Commission shall review such records and shall
 1006  contemporaneously document such review before authorizing
 1007  payment to an attorney. Objections by or on behalf of the
 1008  Justice Administrative Commission to records or documents or to
 1009  claims for payment by the attorney shall be presumed correct by
 1010  the court unless the court determines, in writing, that
 1011  competent and substantial evidence exists to justify overcoming
 1012  the presumption.
 1013         2. If an attorney fails, refuses, or declines to permit the
 1014  commission or the Auditor General to review documentation for a
 1015  case as provided in this paragraph, the attorney waives the
 1016  right to seek, and the commission may not pay, compensation in
 1017  excess of the flat fee established in s. 27.5304 and the General
 1018  Appropriations Act for that case.
 1019         3. A finding by the commission that an attorney has waived
 1020  the right to seek compensation in excess of the flat fee
 1021  established in s. 27.5304 and the General Appropriations Act, as
 1022  provided in this paragraph, shall be presumed to be correct,
 1023  unless the court determines, in writing, that competent and
 1024  substantial evidence exists to justify overcoming the
 1025  presumption.
 1026         Section 29. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1027  (5), (6), and (7), Florida Statutes, as carried forward from
 1028  chapter 2019-116, Laws of Florida, by this act, expire July 1,
 1029  2022, and the text of those subsections and paragraphs, as
 1030  applicable, shall revert to that in existence on June 30, 2019,
 1031  except that any amendments to such text enacted other than by
 1032  this act shall be preserved and continue to operate to the
 1033  extent that such amendments are not dependent upon the portions
 1034  of text which expire pursuant to this section.
 1035         Section 30. In order to implement Specific Appropriations
 1036  736 through 757, 905 through 1048, and 1069 through 1104 of the
 1037  2021-2022 General Appropriations Act, and notwithstanding the
 1038  expiration date in section 59 of chapter 2020-114, Laws of
 1039  Florida, subsection (13) of section 27.5304, Florida Statutes,
 1040  is amended, and subsections (1), (3), (7), and (11), and
 1041  paragraphs (a) through (e) of subsection (12) of that section
 1042  are reenacted, to read:
 1043         27.5304 Private court-appointed counsel; compensation;
 1044  notice.—
 1045         (1) Private court-appointed counsel appointed in the manner
 1046  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1047  Justice Administrative Commission only as provided in this
 1048  section and the General Appropriations Act. The flat fees
 1049  prescribed in this section are limitations on compensation. The
 1050  specific flat fee amounts for compensation shall be established
 1051  annually in the General Appropriations Act. The attorney also
 1052  shall be reimbursed for reasonable and necessary expenses in
 1053  accordance with s. 29.007. If the attorney is representing a
 1054  defendant charged with more than one offense in the same case,
 1055  the attorney shall be compensated at the rate provided for the
 1056  most serious offense for which he or she represented the
 1057  defendant. This section does not allow stacking of the fee
 1058  limits established by this section.
 1059         (3) The court retains primary authority and responsibility
 1060  for determining the reasonableness of all billings for attorney
 1061  fees, costs, and related expenses, subject to statutory
 1062  limitations and the requirements of s. 27.40(7). Private court
 1063  appointed counsel is entitled to compensation upon final
 1064  disposition of a case.
 1065         (7) Counsel eligible to receive compensation from the state
 1066  for representation pursuant to court appointment made in
 1067  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1068  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1069  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1070  744, or chapter 984 shall receive compensation not to exceed the
 1071  limits prescribed in the General Appropriations Act. Any such
 1072  compensation must be determined as provided in s. 27.40(7).
 1073         (11) It is the intent of the Legislature that the flat fees
 1074  prescribed under this section and the General Appropriations Act
 1075  comprise the full and complete compensation for private court
 1076  appointed counsel. It is further the intent of the Legislature
 1077  that the fees in this section are prescribed for the purpose of
 1078  providing counsel with notice of the limit on the amount of
 1079  compensation for representation in particular proceedings and
 1080  the sole procedure and requirements for obtaining payment for
 1081  the same.
 1082         (a) If court-appointed counsel moves to withdraw prior to
 1083  the full performance of his or her duties through the completion
 1084  of the case, the court shall presume that the attorney is not
 1085  entitled to the payment of the full flat fee established under
 1086  this section and the General Appropriations Act.
 1087         (b) If court-appointed counsel is allowed to withdraw from
 1088  representation prior to the full performance of his or her
 1089  duties through the completion of the case and the court appoints
 1090  a subsequent attorney, the total compensation for the initial
 1091  and any and all subsequent attorneys may not exceed the flat fee
 1092  established under this section and the General Appropriations
 1093  Act, except as provided in subsection (12).
 1094  
 1095  This subsection constitutes notice to any subsequently appointed
 1096  attorney that he or she will not be compensated the full flat
 1097  fee.
 1098         (12) The Legislature recognizes that on rare occasions an
 1099  attorney may receive a case that requires extraordinary and
 1100  unusual effort.
 1101         (a) If counsel seeks compensation that exceeds the limits
 1102  prescribed by law, he or she must file a motion with the chief
 1103  judge for an order approving payment of attorney fees in excess
 1104  of these limits.
 1105         1. Before filing the motion, the counsel shall deliver a
 1106  copy of the intended billing, together with supporting
 1107  affidavits and all other necessary documentation, to the Justice
 1108  Administrative Commission.
 1109         2. The Justice Administrative Commission shall review the
 1110  billings, affidavit, and documentation for completeness and
 1111  compliance with contractual and statutory requirements and shall
 1112  contemporaneously document such review before authorizing
 1113  payment to an attorney. If the Justice Administrative Commission
 1114  objects to any portion of the proposed billing, the objection
 1115  and supporting reasons must be communicated in writing to the
 1116  private court-appointed counsel. The counsel may thereafter file
 1117  his or her motion, which must specify whether the commission
 1118  objects to any portion of the billing or the sufficiency of
 1119  documentation, and shall attach the commission’s letter stating
 1120  its objection.
 1121         (b) Following receipt of the motion to exceed the fee
 1122  limits, the chief judge or a single designee shall hold an
 1123  evidentiary hearing. The chief judge may select only one judge
 1124  per circuit to hear and determine motions pursuant to this
 1125  subsection, except multicounty circuits and the eleventh circuit
 1126  may have up to two designees.
 1127         1. At the hearing, the attorney seeking compensation must
 1128  prove by competent and substantial evidence that the case
 1129  required extraordinary and unusual efforts. The chief judge or
 1130  single designee shall consider criteria such as the number of
 1131  witnesses, the complexity of the factual and legal issues, and
 1132  the length of trial. The fact that a trial was conducted in a
 1133  case does not, by itself, constitute competent substantial
 1134  evidence of an extraordinary and unusual effort. In a criminal
 1135  case, relief under this section may not be granted if the number
 1136  of work hours does not exceed 75 or the number of the state’s
 1137  witnesses deposed does not exceed 20.
 1138         2. Objections by or on behalf of the Justice Administrative
 1139  Commission to records or documents or to claims for payment by
 1140  the attorney shall be presumed correct by the court unless the
 1141  court determines, in writing, that competent and substantial
 1142  evidence exists to justify overcoming the presumption. The chief
 1143  judge or single designee shall enter a written order detailing
 1144  his or her findings and identifying the extraordinary nature of
 1145  the time and efforts of the attorney in the case which warrant
 1146  exceeding the flat fee established by this section and the
 1147  General Appropriations Act.
 1148         (c) A copy of the motion and attachments shall be served on
 1149  the Justice Administrative Commission at least 20 business days
 1150  before the date of a hearing. The Justice Administrative
 1151  Commission has standing to appear before the court, and may
 1152  appear in person or telephonically, including at the hearing
 1153  under paragraph (b), to contest any motion for an order
 1154  approving payment of attorney fees, costs, or related expenses
 1155  and may participate in a hearing on the motion by use of
 1156  telephonic or other communication equipment. The Justice
 1157  Administrative Commission may contract with other public or
 1158  private entities or individuals to appear before the court for
 1159  the purpose of contesting any motion for an order approving
 1160  payment of attorney fees, costs, or related expenses. The fact
 1161  that the Justice Administrative Commission has not objected to
 1162  any portion of the billing or to the sufficiency of the
 1163  documentation is not binding on the court.
 1164         (d) If the chief judge or a single designee finds that
 1165  counsel has proved by competent and substantial evidence that
 1166  the case required extraordinary and unusual efforts, the chief
 1167  judge or single designee shall order the compensation to be paid
 1168  to the attorney at a percentage above the flat fee rate,
 1169  depending on the extent of the unusual and extraordinary effort
 1170  required. The percentage must be only the rate necessary to
 1171  ensure that the fees paid are not confiscatory under common law.
 1172  The percentage may not exceed 200 percent of the established
 1173  flat fee, absent a specific finding that 200 percent of the flat
 1174  fee in the case would be confiscatory. If the chief judge or
 1175  single designee determines that 200 percent of the flat fee
 1176  would be confiscatory, he or she shall order the amount of
 1177  compensation using an hourly rate not to exceed $75 per hour for
 1178  a noncapital case and $100 per hour for a capital case. However,
 1179  the compensation calculated by using the hourly rate shall be
 1180  only that amount necessary to ensure that the total fees paid
 1181  are not confiscatory, subject to the requirements of s.
 1182  27.40(7).
 1183         (e) Any order granting relief under this subsection must be
 1184  attached to the final request for a payment submitted to the
 1185  Justice Administrative Commission and must satisfy the
 1186  requirements of subparagraph (b)2.
 1187         (13) Notwithstanding the limitation set forth in subsection
 1188  (5) and for the 2021-2022 2020-2021 fiscal year only, the
 1189  compensation for representation in a criminal proceeding may not
 1190  exceed the following:
 1191         (a) For misdemeanors and juveniles represented at the trial
 1192  level: $1,000.
 1193         (b) For noncapital, nonlife felonies represented at the
 1194  trial level: $15,000.
 1195         (c) For life felonies represented at the trial level:
 1196  $15,000.
 1197         (d) For capital cases represented at the trial level:
 1198  $25,000. For purposes of this paragraph, a “capital case” is any
 1199  offense for which the potential sentence is death and the state
 1200  has not waived seeking the death penalty.
 1201         (e) For representation on appeal: $9,000.
 1202         (f) This subsection expires July 1, 2022 2021.
 1203         Section 31. The amendments to s. 27.5304(1), (3), (7),
 1204  (11), and (12)(a)-(e), Florida Statutes, as carried forward from
 1205  chapter 2019-116, Laws of Florida, by this act, expire July 1,
 1206  2022, and the text of those subsections and paragraphs, as
 1207  applicable, shall revert to that in existence on June 30, 2019,
 1208  except that any amendments to such text enacted other than by
 1209  this act shall be preserved and continue to operate to the
 1210  extent that such amendments are not dependent upon the portions
 1211  of text which expire pursuant to this section.
 1212         Section 32. In order to implement Specific Appropriations
 1213  1105 through 1187A of the 2021-2022 General Appropriations Act,
 1214  and notwithstanding the expiration date in section 65 of chapter
 1215  2020-114, Laws of Florida, subsections (2) and (3) of section
 1216  20.316, Florida Statutes, are reenacted to read:
 1217         20.316 Department of Juvenile Justice.—There is created a
 1218  Department of Juvenile Justice.
 1219         (2) DEPARTMENT PROGRAMS.—The following programs are
 1220  established within the Department of Juvenile Justice:
 1221         (a) Accountability and Program Support.
 1222         (b) Administration.
 1223         (c) Intake and Detention.
 1224         (d) Prevention.
 1225         (e) Probation and Community Corrections.
 1226         (f) Residential and Correctional Facilities.
 1227  
 1228  The secretary may establish assistant secretary positions and a
 1229  chief of staff position as necessary to administer the
 1230  requirements of this section.
 1231         (3) JUVENILE JUSTICE OPERATING CIRCUITS.—The department
 1232  shall plan and administer its programs through a substate
 1233  structure that conforms to the boundaries of the judicial
 1234  circuits prescribed in s. 26.021. A county may seek placement in
 1235  a juvenile justice operating circuit other than as prescribed in
 1236  s. 26.021 for participation in the Prevention Program and the
 1237  Probation and Community Corrections Program by making a request
 1238  of the chief circuit judge in each judicial circuit affected by
 1239  such request. Upon a showing that geographic proximity,
 1240  community identity, or other legitimate concern for efficiency
 1241  of operations merits alternative placement, each affected chief
 1242  circuit judge may authorize the execution of an interagency
 1243  agreement specifying the alternative juvenile justice operating
 1244  circuit in which the county is to be placed and the basis for
 1245  the alternative placement. Upon the execution of said
 1246  interagency agreement by each affected chief circuit judge, the
 1247  secretary may administratively place a county in an alternative
 1248  juvenile justice operating circuit pursuant to the agreement.
 1249         Section 33. The amendments to s. 20.316(2) and (3), Florida
 1250  Statutes, as carried forward from chapter 2020-114, Laws of
 1251  Florida, by this act, expire July 1, 2022, and the text of those
 1252  subsections shall revert to that in existence on June 30, 2020,
 1253  except that any amendments to such text enacted other than this
 1254  act shall be preserved and continue to operate to the extent
 1255  that such amendments are not dependent upon the portions of text
 1256  which expire pursuant to this section.
 1257         Section 34. In order to implement appropriations used to
 1258  pay existing lease contracts for private lease space in excess
 1259  of 2,000 square feet in the 2021-2022 General Appropriations
 1260  Act, the Department of Management Services, with the cooperation
 1261  of the agencies having the existing lease contracts for office
 1262  or storage space, shall use tenant broker services to
 1263  renegotiate or reprocure all private lease agreements for office
 1264  or storage space expiring between July 1, 2022, and June 30,
 1265  2024, in order to reduce costs in future years. The department
 1266  shall incorporate this initiative into its 2021 master leasing
 1267  report required under s. 255.249(7), Florida Statutes, and may
 1268  use tenant broker services to explore the possibilities of
 1269  collocating office or storage space, to review the space needs
 1270  of each agency, and to review the length and terms of potential
 1271  renewals or renegotiations. The department shall provide a
 1272  report to the Executive Office of the Governor, the President of
 1273  the Senate, and the Speaker of the House of Representatives by
 1274  November 1, 2021, which lists each lease contract for private
 1275  office or storage space, the status of renegotiations, and the
 1276  savings achieved. This section expires July 1, 2022.
 1277         Section 35. In order to implement appropriations authorized
 1278  in the 2021-2022 General Appropriations Act for data center
 1279  services, and notwithstanding s. 216.292(2)(a), Florida
 1280  Statutes, an agency may not transfer funds from a data
 1281  processing category to a category other than another data
 1282  processing category. This section expires July 1, 2022.
 1283         Section 36. In order to implement the appropriation of
 1284  funds in the appropriation category “Data Processing Assessment
 1285  Department of Management Services” in the 2021-2022 General
 1286  Appropriations Act, and pursuant to the notice, review, and
 1287  objection procedures of s. 216.177, Florida Statutes, the
 1288  Executive Office of the Governor may transfer funds appropriated
 1289  in that category between departments in order to align the
 1290  budget authority granted based on the estimated billing cycle
 1291  and methodology used for data processing services provided to
 1292  agencies in fiscal year 2020-2021. This section expires July 1,
 1293  2022.
 1294         Section 37. In order to implement the appropriation of
 1295  funds in the appropriation category “Special Categories-Risk
 1296  Management Insurance” in the 2021-2022 General Appropriations
 1297  Act, and pursuant to the notice, review, and objection
 1298  procedures of s. 216.177, Florida Statutes, the Executive Office
 1299  of the Governor may transfer funds appropriated in that category
 1300  between departments in order to align the budget authority
 1301  granted with the premiums paid by each department for risk
 1302  management insurance. This section expires July 1, 2022.
 1303         Section 38. In order to implement the appropriation of
 1304  funds in the appropriation category “Special Categories-Transfer
 1305  to Department of Management Services-Human Resources Services
 1306  Purchased per Statewide Contract” in the 2021-2022 General
 1307  Appropriations Act, and pursuant to the notice, review, and
 1308  objection procedures of s. 216.177, Florida Statutes, the
 1309  Executive Office of the Governor may transfer funds appropriated
 1310  in that category between departments in order to align the
 1311  budget authority granted with the assessments that must be paid
 1312  by each agency to the Department of Management Services for
 1313  human resource management services. This section expires July 1,
 1314  2022.
 1315         Section 39. In order to implement Specific Appropriations
 1316  2343 through 2346 of the 2021-2022 General Appropriations Act,
 1317  subsections (1) through (5) of section 72 of chapter 2020-114,
 1318  Laws of Florida, are reenacted and amended to read:
 1319         Section 72. (1) The Department of Financial Services shall
 1320  replace the four main components of the Florida Accounting
 1321  Information Resource Subsystem (FLAIR), which include central
 1322  FLAIR, departmental FLAIR, payroll, and information warehouse,
 1323  and shall replace the cash management and accounting management
 1324  components of the Cash Management Subsystem (CMS) with an
 1325  integrated enterprise system that allows the state to organize,
 1326  define, and standardize its financial management business
 1327  processes and that complies with ss. 215.90-215.96, Florida
 1328  Statutes. The department may not include in the replacement of
 1329  FLAIR and CMS:
 1330         (a) Functionality that duplicates any of the other
 1331  information subsystems of the Florida Financial Management
 1332  Information System; or
 1333         (b) Agency business processes related to any of the
 1334  functions included in the Personnel Information System, the
 1335  Purchasing Subsystem, or the Legislative Appropriations
 1336  System/Planning and Budgeting Subsystem.
 1337         (2) For purposes of replacing FLAIR and CMS, the Department
 1338  of Financial Services shall:
 1339         (a) Take into consideration the cost and implementation
 1340  data identified for Option 3 as recommended in the March 31,
 1341  2014, Florida Department of Financial Services FLAIR Study,
 1342  version 031.
 1343         (b) Ensure that all business requirements and technical
 1344  specifications have been provided to all state agencies for
 1345  their review and input and approved by the executive steering
 1346  committee established in paragraph (c).
 1347         (c) Implement a project governance structure that includes
 1348  an executive steering committee composed of:
 1349         1. The Chief Financial Officer or the executive sponsor of
 1350  the project.
 1351         2. A representative of the Division of Treasury of the
 1352  Department of Financial Services, appointed by the Chief
 1353  Financial Officer.
 1354         3. A representative of the Division of Information Systems
 1355  of the Department of Financial Services, appointed by the Chief
 1356  Financial Officer.
 1357         4. Four employees from the Division of Accounting and
 1358  Auditing of the Department of Financial Services, appointed by
 1359  the Chief Financial Officer. Each employee must have experience
 1360  relating to at least one of the four main components that
 1361  compose FLAIR.
 1362         5. Two employees from the Executive Office of the Governor,
 1363  appointed by the Governor. One employee must have experience
 1364  relating to the Legislative Appropriations System/Planning and
 1365  Budgeting Subsystem.
 1366         6. One employee from the Department of Revenue, appointed
 1367  by the executive director, who has experience relating to the
 1368  department’s SUNTAX system.
 1369         7. Two employees from the Department of Management
 1370  Services, appointed by the Secretary of Management Services. One
 1371  employee must have experience relating to the department’s
 1372  personnel information subsystem and one employee must have
 1373  experience relating to the department’s purchasing subsystem.
 1374         8. Three state agency administrative services directors,
 1375  appointed by the Governor. One director must represent a
 1376  regulatory and licensing state agency and one director must
 1377  represent a health care-related state agency.
 1378         9. The executive sponsor of the Florida Health Care
 1379  Connection (FX) System or his or her designee, appointed by the
 1380  Secretary of Health Care Administration.
 1381         10. The State Chief Information Officer, or his or her
 1382  designee, as a nonvoting member. The State Chief Information
 1383  Officer, or his or her designee, shall provide monthly status
 1384  reports pursuant to the oversight responsibilities in s.
 1385  282.0051, Florida Statutes.
 1386         (3)(a) The Chief Financial Officer or the executive sponsor
 1387  of the project shall serve as chair of the executive steering
 1388  committee, and the committee shall take action by a vote of at
 1389  least eight affirmative votes with the Chief Financial Officer
 1390  or the executive sponsor of the project voting on the prevailing
 1391  side. A quorum of the executive steering committee consists of
 1392  at least 10 members.
 1393         (b) No later than 14 days before a meeting of the executive
 1394  steering committee, the chair shall request input from committee
 1395  members on agenda items for the next scheduled meeting.
 1396         (4) The executive steering committee has the overall
 1397  responsibility for ensuring that the project to replace FLAIR
 1398  and CMS meets its primary business objectives and shall:
 1399         (a) Identify and recommend to the Executive Office of the
 1400  Governor, the President of the Senate, and the Speaker of the
 1401  House of Representatives any statutory changes needed to
 1402  implement the replacement subsystem that will standardize, to
 1403  the fullest extent possible, the state’s financial management
 1404  business processes.
 1405         (b) Review and approve any changes to the project’s scope,
 1406  schedule, and budget which do not conflict with the requirements
 1407  of subsection (1).
 1408         (c) Ensure that adequate resources are provided throughout
 1409  all phases of the project.
 1410         (d) Approve all major project deliverables and any cost
 1411  changes to each deliverable over $250,000.
 1412         (e) Approve contract amendments and changes to all
 1413  contract-related documents associated with the replacement of
 1414  FLAIR and CMS.
 1415         (f) Ensure compliance with ss. 216.181(16), 216.311,
 1416  216.313, 282.318(4)(h), and 287.058, Florida Statutes.
 1417         (5) This section expires July 1, 2022 2021.
 1418         Section 40. In order to implement specific appropriations
 1419  from the land acquisition trust funds within the Department of
 1420  Agriculture and Consumer Services, the Department of
 1421  Environmental Protection, the Department of State, and the Fish
 1422  and Wildlife Conservation Commission, which are contained in the
 1423  2021-2022 General Appropriations Act, subsection (3) of section
 1424  215.18, Florida Statutes, is amended to read:
 1425         215.18 Transfers between funds; limitation.—
 1426         (3) Notwithstanding subsection (1) and only with respect to
 1427  a land acquisition trust fund in the Department of Agriculture
 1428  and Consumer Services, the Department of Environmental
 1429  Protection, the Department of State, or the Fish and Wildlife
 1430  Conservation Commission, whenever there is a deficiency in a
 1431  land acquisition trust fund which would render that trust fund
 1432  temporarily insufficient to meet its just requirements,
 1433  including the timely payment of appropriations from that trust
 1434  fund, and other trust funds in the State Treasury have moneys
 1435  that are for the time being or otherwise in excess of the
 1436  amounts necessary to meet the just requirements, including
 1437  appropriated obligations, of those other trust funds, the
 1438  Governor may order a temporary transfer of moneys from one or
 1439  more of the other trust funds to a land acquisition trust fund
 1440  in the Department of Agriculture and Consumer Services, the
 1441  Department of Environmental Protection, the Department of State,
 1442  or the Fish and Wildlife Conservation Commission. Any action
 1443  proposed pursuant to this subsection is subject to the notice,
 1444  review, and objection procedures of s. 216.177, and the Governor
 1445  shall provide notice of such action at least 7 days before the
 1446  effective date of the transfer of trust funds, except that
 1447  during July 2021 2020, notice of such action shall be provided
 1448  at least 3 days before the effective date of a transfer unless
 1449  such 3-day notice is waived by the chair and vice-chair of the
 1450  Legislative Budget Commission. Any transfer of trust funds to a
 1451  land acquisition trust fund in the Department of Agriculture and
 1452  Consumer Services, the Department of Environmental Protection,
 1453  the Department of State, or the Fish and Wildlife Conservation
 1454  Commission must be repaid to the trust funds from which the
 1455  moneys were loaned by the end of the 2021-2022 2020-2021 fiscal
 1456  year. The Legislature has determined that the repayment of the
 1457  other trust fund moneys temporarily loaned to a land acquisition
 1458  trust fund in the Department of Agriculture and Consumer
 1459  Services, the Department of Environmental Protection, the
 1460  Department of State, or the Fish and Wildlife Conservation
 1461  Commission pursuant to this subsection is an allowable use of
 1462  the moneys in a land acquisition trust fund because the moneys
 1463  from other trust funds temporarily loaned to a land acquisition
 1464  trust fund shall be expended solely and exclusively in
 1465  accordance with s. 28, Art. X of the State Constitution. This
 1466  subsection expires July 1, 2022 2021.
 1467         Section 41. (1) In order to implement specific
 1468  appropriations from the land acquisition trust funds within the
 1469  Department of Agriculture and Consumer Services, the Department
 1470  of Environmental Protection, the Department of State, and the
 1471  Fish and Wildlife Conservation Commission, which are contained
 1472  in the 2021-2022 General Appropriations Act, the Department of
 1473  Environmental Protection shall transfer revenues from the Land
 1474  Acquisition Trust Fund within the department to the land
 1475  acquisition trust funds within the Department of Agriculture and
 1476  Consumer Services, the Department of State, and the Fish and
 1477  Wildlife Conservation Commission, as provided in this section.
 1478  As used in this section, the term “department” means the
 1479  Department of Environmental Protection.
 1480         (2) After subtracting any required debt service payments,
 1481  the proportionate share of revenues to be transferred to each
 1482  land acquisition trust fund shall be calculated by dividing the
 1483  appropriations from each of the land acquisition trust funds for
 1484  the fiscal year by the total appropriations from the Land
 1485  Acquisition Trust Fund within the department and the land
 1486  acquisition trust funds within the Department of Agriculture and
 1487  Consumer Services, the Department of State, and the Fish and
 1488  Wildlife Conservation Commission for the fiscal year. The
 1489  department shall transfer the proportionate share of the
 1490  revenues in the Land Acquisition Trust Fund within the
 1491  department on a monthly basis to the appropriate land
 1492  acquisition trust funds within the Department of Agriculture and
 1493  Consumer Services, the Department of State, and the Fish and
 1494  Wildlife Conservation Commission and shall retain its
 1495  proportionate share of the revenues in the Land Acquisition
 1496  Trust Fund within the department. Total distributions to a land
 1497  acquisition trust fund within the Department of Agriculture and
 1498  Consumer Services, the Department of State, and the Fish and
 1499  Wildlife Conservation Commission may not exceed the total
 1500  appropriations from such trust fund for the fiscal year.
 1501         (3) In addition, the department shall transfer from the
 1502  Land Acquisition Trust Fund to land acquisition trust funds
 1503  within the Department of Agriculture and Consumer Services, the
 1504  Department of State, and the Fish and Wildlife Conservation
 1505  Commission amounts equal to the difference between the amounts
 1506  appropriated in chapter 2020-111, Laws of Florida, to the
 1507  department’s Land Acquisition Trust Fund and the other land
 1508  acquisition trust funds, and the amounts actually transferred
 1509  between those trust funds during the 2020-2021 fiscal year.
 1510         (4) The department may advance funds from the beginning
 1511  unobligated fund balance in the Land Acquisition Trust Fund to
 1512  the Land Acquisition Trust Fund within the Fish and Wildlife
 1513  Conservation Commission needed for cash flow purposes based on a
 1514  detailed expenditure plan. The department shall prorate amounts
 1515  transferred quarterly to the Fish and Wildlife Conservation
 1516  Commission to recoup the amount of funds advanced by June 30,
 1517  2022.
 1518         (5) This section expires July 1, 2022.
 1519         Section 42. In order to implement appropriations from the
 1520  Land Acquisition Trust Fund within the Department of
 1521  Environmental Protection in the 2021-2022 General Appropriations
 1522  Act, paragraph (b) of subsection (3) of section 375.041, Florida
 1523  Statutes, is amended to read:
 1524         375.041 Land Acquisition Trust Fund.—
 1525         (3) Funds distributed into the Land Acquisition Trust Fund
 1526  pursuant to s. 201.15 shall be applied:
 1527         (b) Of the funds remaining after the payments required
 1528  under paragraph (a), but before funds may be appropriated,
 1529  pledged, or dedicated for other uses:
 1530         1. A minimum of the lesser of 25 percent or $200 million
 1531  shall be appropriated annually for Everglades projects that
 1532  implement the Comprehensive Everglades Restoration Plan as set
 1533  forth in s. 373.470, including the Central Everglades Planning
 1534  Project subject to Congressional authorization; the Long-Term
 1535  Plan as defined in s. 373.4592(2); and the Northern Everglades
 1536  and Estuaries Protection Program as set forth in s. 373.4595.
 1537  From these funds, $32 million shall be distributed each fiscal
 1538  year through the 2023-2024 fiscal year to the South Florida
 1539  Water Management District for the Long-Term Plan as defined in
 1540  s. 373.4592(2). After deducting the $32 million distributed
 1541  under this subparagraph, from the funds remaining, a minimum of
 1542  the lesser of 76.5 percent or $100 million shall be appropriated
 1543  each fiscal year through the 2025-2026 fiscal year for the
 1544  planning, design, engineering, and construction of the
 1545  Comprehensive Everglades Restoration Plan as set forth in s.
 1546  373.470, including the Central Everglades Planning Project, the
 1547  Everglades Agricultural Area Storage Reservoir Project, the Lake
 1548  Okeechobee Watershed Project, the C-43 West Basin Storage
 1549  Reservoir Project, the Indian River Lagoon-South Project, the
 1550  Western Everglades Restoration Project, and the Picayune Strand
 1551  Restoration Project. The Department of Environmental Protection
 1552  and the South Florida Water Management District shall give
 1553  preference to those Everglades restoration projects that reduce
 1554  harmful discharges of water from Lake Okeechobee to the St.
 1555  Lucie or Caloosahatchee estuaries in a timely manner. For the
 1556  purpose of performing the calculation provided in this
 1557  subparagraph, the amount of debt service paid pursuant to
 1558  paragraph (a) for bonds issued after July 1, 2016, for the
 1559  purposes set forth under paragraph (b) shall be added to the
 1560  amount remaining after the payments required under paragraph
 1561  (a). The amount of the distribution calculated shall then be
 1562  reduced by an amount equal to the debt service paid pursuant to
 1563  paragraph (a) on bonds issued after July 1, 2016, for the
 1564  purposes set forth under this subparagraph.
 1565         2. A minimum of the lesser of 7.6 percent or $50 million
 1566  shall be appropriated annually for spring restoration,
 1567  protection, and management projects. For the purpose of
 1568  performing the calculation provided in this subparagraph, the
 1569  amount of debt service paid pursuant to paragraph (a) for bonds
 1570  issued after July 1, 2016, for the purposes set forth under
 1571  paragraph (b) shall be added to the amount remaining after the
 1572  payments required under paragraph (a). The amount of the
 1573  distribution calculated shall then be reduced by an amount equal
 1574  to the debt service paid pursuant to paragraph (a) on bonds
 1575  issued after July 1, 2016, for the purposes set forth under this
 1576  subparagraph.
 1577         3. The sum of $5 million shall be appropriated annually
 1578  each fiscal year through the 2025-2026 fiscal year to the St.
 1579  Johns River Water Management District for projects dedicated to
 1580  the restoration of Lake Apopka. This distribution shall be
 1581  reduced by an amount equal to the debt service paid pursuant to
 1582  paragraph (a) on bonds issued after July 1, 2016, for the
 1583  purposes set forth in this subparagraph.
 1584         4. The sum of $64 million is appropriated and shall be
 1585  transferred to the Everglades Trust Fund for the 2018-2019
 1586  fiscal year, and each fiscal year thereafter, for the EAA
 1587  reservoir project pursuant to s. 373.4598. Any funds remaining
 1588  in any fiscal year shall be made available only for Phase II of
 1589  the C-51 reservoir project or projects identified in
 1590  subparagraph 1. and must be used in accordance with laws
 1591  relating to such projects. Any funds made available for such
 1592  purposes in a fiscal year are in addition to the amount
 1593  appropriated under subparagraph 1. 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, 2017, for the
 1596  purposes set forth in this subparagraph.
 1597         5. Notwithstanding subparagraph 3., for the 2021-2022 2020
 1598  2021 fiscal year, funds shall be appropriated as provided in the
 1599  General Appropriations Act. This subparagraph expires July 1,
 1600  2022 2021.
 1601         Section 43. In order to implement Specific Appropriation
 1602  1363 of the 2021-2022 General Appropriations Act, and
 1603  notwithstanding the expiration date in section 80 of chapter
 1604  2020-114, Laws of Florida, paragraph (a) of subsection (1) of
 1605  section 570.93, Florida Statutes, is reenacted to read:
 1606         570.93 Department of Agriculture and Consumer Services;
 1607  agricultural water conservation and agricultural water supply
 1608  planning.—
 1609         (1) The department shall establish an agricultural water
 1610  conservation program that includes the following:
 1611         (a) A cost-share program, coordinated with the United
 1612  States Department of Agriculture and other federal, state,
 1613  regional, and local agencies when appropriate, for irrigation
 1614  system retrofit and application of mobile irrigation laboratory
 1615  evaluations, and for water conservation and water quality
 1616  improvement pursuant to s. 403.067(7)(c).
 1617         Section 44. The amendment to s. 570.93(1)(a), Florida
 1618  Statutes, as carried forward from chapter 2019-116, Laws of
 1619  Florida, by this act, expires July 1, 2022, and the text of that
 1620  paragraph shall revert to that in existence on June 30, 2019,
 1621  except that any amendments to such text enacted other than by
 1622  this act, shall be preserved and continue to operate to the
 1623  extent that such amendments are not dependent upon the portions
 1624  of text which expire pursuant to this section.
 1625         Section 45. In order to implement Specific Appropriation
 1626  1692A of the 2021-2022 General Appropriations Act, paragraph (m)
 1627  of subsection (3) of section 259.105, Florida Statutes, is
 1628  amended to read:
 1629         259.105 The Florida Forever Act.—
 1630         (3) Less the costs of issuing and the costs of funding
 1631  reserve accounts and other costs associated with bonds, the
 1632  proceeds of cash payments or bonds issued pursuant to this
 1633  section shall be deposited into the Florida Forever Trust Fund
 1634  created by s. 259.1051. The proceeds shall be distributed by the
 1635  Department of Environmental Protection in the following manner:
 1636         (m) Notwithstanding paragraphs (a)-(j) and for the 2021
 1637  2022 2020-2021 fiscal year, the amount of $1,998,100 $6 million
 1638  to only the Department of Environmental Protection for grants
 1639  pursuant to s. 375.075. This paragraph expires July 1, 2022
 1640  2021.
 1641         Section 46. In order to implement Specific Appropriation
 1642  1647 of the 2021-2022 General Appropriations Act, subsection
 1643  (22) is added to section 161.101, Florida Statutes, to read:
 1644         161.101 State and local participation in authorized
 1645  projects and studies relating to beach management and erosion
 1646  control.—
 1647         (22) Notwithstanding subsections (1), (15), and (16), and
 1648  for the 2021-2022 fiscal year, in the event that beaches are
 1649  impacted by hurricanes or other storm events within communities
 1650  with a per capita annual income that is less than the state’s
 1651  per capita annual income as shown in the most recent release
 1652  from the United States Census Bureau of the United States
 1653  Department of Commerce which includes both measurements, the
 1654  department may waive or reduce the match requirements. This
 1655  subsection expires July 1, 2022.
 1656         Section 47. In order to implement Specific Appropriation
 1657  1670 of the 2021-2022 General Appropriations Act, and
 1658  notwithstanding the expiration date in section 84 of chapter
 1659  2020-114, Laws of Florida, paragraph (g) of subsection (15) of
 1660  section 376.3071, Florida Statutes, is reenacted to read:
 1661         376.3071 Inland Protection Trust Fund; creation; purposes;
 1662  funding.—
 1663         (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
 1664  department shall pay, pursuant to this subsection, up to $10
 1665  million each fiscal year from the fund for the costs of labor
 1666  and equipment to repair or replace petroleum storage systems
 1667  that may have been damaged due to the storage of fuels blended
 1668  with ethanol or biodiesel, or for preventive measures to reduce
 1669  the potential for such damage.
 1670         (g) Payments may not be made for the following:
 1671         1. Proposal costs or costs related to preparation of the
 1672  application and required documentation;
 1673         2. Certified public accountant costs;
 1674         3. Except as provided in paragraph (j), any costs in excess
 1675  of the amount approved by the department under paragraph (b) or
 1676  which are not in substantial compliance with the purchase order;
 1677         4. Costs associated with storage tanks, piping, or
 1678  ancillary equipment that has previously been repaired or
 1679  replaced for which costs have been paid under this section;
 1680         5. Facilities that are not in compliance with department
 1681  storage tank rules, until the noncompliance issues have been
 1682  resolved; or
 1683         6. Costs associated with damage to petroleum storage
 1684  systems caused in whole or in part by causes other than the
 1685  storage of fuels blended with ethanol or biodiesel.
 1686         Section 48. The amendment to s. 376.3071(15)(g), Florida
 1687  Statutes, as carried forward from chapter 2020-114, Laws of
 1688  Florida, by this act, expires July 1, 2022, and the text of that
 1689  paragraph shall revert to that in existence on July 1, 2020, not
 1690  including any amendments made by this act or chapter 2020-114,
 1691  Laws of Florida, except that any amendments to such text enacted
 1692  other than by this act shall be preserved and continue to
 1693  operate to the extent that such amendments are not dependent
 1694  upon the portion of text which expires pursuant to this section.
 1695         Section 49. In order to implement Specific Appropriation
 1696  2604 of the 2021-2022 General Appropriations Act, paragraph (b)
 1697  of subsection (3) and subsection (5) of section 321.04, Florida
 1698  Statutes, are amended to read:
 1699         321.04 Personnel of the highway patrol; rank
 1700  classifications; probationary status of new patrol officers;
 1701  subsistence; special assignments.—
 1702         (3)
 1703         (b) For the 2021-2022 2020-2021 fiscal year only, upon the
 1704  request of the Governor, the Department of Highway Safety and
 1705  Motor Vehicles shall assign one or more patrol officers to the
 1706  office of the Lieutenant Governor for security services. This
 1707  paragraph expires July 1, 2022 2021.
 1708         (5) For the 2021-2022 2020-2021 fiscal year only, the
 1709  assignment of a patrol officer by the department shall include a
 1710  Cabinet member specified in s. 4, Art. IV of the State
 1711  Constitution if deemed appropriate by the department or in
 1712  response to a threat and upon written request of such Cabinet
 1713  member. This subsection expires July 1, 2022 2021.
 1714         Section 50. Effective upon this act becoming a law and in
 1715  order to implement Specific Appropriations 2583 and 2592 of the
 1716  2021-2022 General Appropriations Act, subsection (7) of section
 1717  215.559, Florida Statutes, is amended to read:
 1718         215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
 1719  Mitigation Program is established in the Division of Emergency
 1720  Management.
 1721         (7) This section is repealed June 30, 2022 2021.
 1722         Section 51. In order to implement Specific Appropriation
 1723  2237 of the 2021-2022 General Appropriations Act, subsection (7)
 1724  of section 288.0655, Florida Statutes, is amended to read:
 1725         288.0655 Rural Infrastructure Fund.—
 1726         (7) For the 2021-2022 2020-2021 fiscal year, the funds
 1727  appropriated for the grant program for Florida Panhandle
 1728  counties shall be distributed pursuant to and for the purposes
 1729  described in the proviso language associated with Specific
 1730  Appropriation 2237 2280 of the 2021-2022 2020-2021 General
 1731  Appropriations Act. This subsection expires July 1, 2022 2021.
 1732         Section 52. In order to implement section 124 of the 2021
 1733  2022 General Appropriations Act, subsection (4) of section
 1734  288.80125, Florida Statutes, is amended to read:
 1735         288.80125 Triumph Gulf Coast Trust Fund.—
 1736         (4) For the 2021-2022 2020-2021 fiscal year, funds shall be
 1737  used for the Rebuild Florida Revolving Loan Fund program to
 1738  provide assistance to businesses impacted by Hurricane Michael
 1739  as provided in the General Appropriations Act. This subsection
 1740  expires July 1, 2022 2021.
 1741         Section 53. In order to implement sections 151 and 152 of
 1742  the 2021-2022 General Appropriations Act, subsections (4) and
 1743  (5) are added to section 339.08, Florida Statutes, to read:
 1744         339.08 Use of moneys in State Transportation Trust Fund.—
 1745         (4) Notwithstanding the provisions of this section and ss.
 1746  215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year
 1747  only, funds may be transferred from the State Transportation
 1748  Trust Fund to the General Revenue Fund as specified in the
 1749  General Appropriations Act. Notwithstanding ss. 206.46(3) and
 1750  206.606(2), the total amount transferred shall be reduced from
 1751  total state revenues deposited into the State Transportation
 1752  Trust Fund for the calculation requirements of ss. 206.46(3) and
 1753  206.606(2). This subsection expires July 1, 2022.
 1754         (5)Notwithstanding any other law, and for the 2021-2022
 1755  fiscal year only, funds appropriated to the State Transportation
 1756  Trust Fund from the General Revenue Fund shall be used on State
 1757  Highway System projects and grants to Florida ports as provided
 1758  in the General Appropriations Act. The department is not
 1759  required to deplete the resources transferred from the General
 1760  Revenue Fund for the fiscal year as required in s. 339.135(3)(b)
 1761  and the funds may not be used in calculating the required
 1762  quarterly cash balance of the trust fund as required in s.
 1763  339.135(6)(b). The department shall track and account for such
 1764  appropriated funds as a separate funding source for eligible
 1765  projects on the State Highway System and grants to Florida
 1766  ports. This subsection expires July 1, 2022.
 1767         Section 54. In order to implement Specific Appropriations
 1768  1865 through 1878, 1884 through 1887, 1899 through 1908, 1910
 1769  through 1919, and 1953 through 1966 of the 2021-2022 General
 1770  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 1771  section 339.135, Florida Statutes, are amended to read:
 1772         339.135 Work program; legislative budget request;
 1773  definitions; preparation, adoption, execution, and amendment.—
 1774         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1775         (g)1. Any work program amendment which also requires the
 1776  transfer of fixed capital outlay appropriations between
 1777  categories within the department or the increase of an
 1778  appropriation category is subject to the approval of the
 1779  Legislative Budget Commission.
 1780         2. If the department submits an amendment to a meeting of
 1781  the Legislative Budget Commission and the commission does not
 1782  meet or consider the amendment cannot be held within 30 days
 1783  after its submittal the department submits an amendment to the
 1784  Legislative Budget Commission, the chair and vice chair of the
 1785  Legislative Budget Commission may authorize such amendment to be
 1786  approved pursuant to s. 216.177. This subparagraph expires July
 1787  1, 2022 2021.
 1788         (h)1. Any work program amendment that also adds a new
 1789  project, or phase thereof, to the adopted work program in excess
 1790  of $3 million is subject to approval by the Legislative Budget
 1791  Commission. Any work program amendment submitted under this
 1792  paragraph must include, as supplemental information, a list of
 1793  projects, or phases thereof, in the current 5-year adopted work
 1794  program which are eligible for the funds within the
 1795  appropriation category being used for the proposed amendment.
 1796  The department shall provide a narrative with the rationale for
 1797  not advancing an existing project, or phase thereof, in lieu of
 1798  the proposed amendment.
 1799         2. If the department submits an amendment to a meeting of
 1800  the Legislative Budget Commission and the commission does not
 1801  meet or consider the amendment cannot be held within 30 days
 1802  after its submittal the department submits an amendment to the
 1803  commission, the chair and vice chair of the commission may
 1804  authorize the amendment to be approved pursuant to s. 216.177.
 1805  This subparagraph expires July 1, 2022 2021.
 1806         Section 55. In order to implement Specific Appropriation
 1807  1867 of the 2021-2022 General Appropriations Act, paragraphs (a)
 1808  and (b) of subsection (3) of section 341.052, Florida Statutes,
 1809  are amended to read:
 1810         341.052 Public transit block grant program; administration;
 1811  eligible projects; limitation.—
 1812         (3) The following limitations shall apply to the use of
 1813  public transit block grant program funds:
 1814         (a)1. State participation in eligible capital projects
 1815  shall be limited to 50 percent of the nonfederal share of such
 1816  project costs.
 1817         2. For the 2021-2022 fiscal year only, local participation
 1818  in eligible capital projects may be less than 50 percent of the
 1819  nonfederal share of such project costs. This subparagraph
 1820  expires July 1, 2022.
 1821         (b)1. State participation in eligible public transit
 1822  operating costs may not exceed 50 percent of such costs or an
 1823  amount equal to the total revenue, excluding farebox, charter,
 1824  and advertising revenue and federal funds, received by the
 1825  provider for operating costs, whichever amount is less.
 1826         2. For the 2021-2022 fiscal year only, local participation
 1827  in eligible public transit operating costs may be less than 50
 1828  percent of such operating costs. This subparagraph expires July
 1829  1, 2022.
 1830         Section 56. In order to implement Specific Appropriations
 1831  2544 of the 2021-2022 General Appropriations Act, paragraph (d)
 1832  of subsection (4) of section 112.061, Florida Statutes, is
 1833  amended to read:
 1834         112.061 Per diem and travel expenses of public officers,
 1835  employees, and authorized persons; statewide travel management
 1836  system.—
 1837         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 1838  officer or employee assigned to an office shall be the city or
 1839  town in which the office is located except that:
 1840         (d) A Lieutenant Governor who permanently resides outside
 1841  of Leon County, may, if he or she so requests, have an
 1842  appropriate facility in his or her county designated as his or
 1843  her official headquarters for purposes of this section. This
 1844  official headquarters may only serve as the Lieutenant
 1845  Governor’s personal office. The Lieutenant Governor may not use
 1846  state funds to lease space in any facility for his or her
 1847  official headquarters.
 1848         1. A Lieutenant Governor for whom an official headquarters
 1849  is established in his or her county of residence pursuant to
 1850  this paragraph is eligible for subsistence at a rate to be
 1851  established by the Governor for each day or partial day that the
 1852  Lieutenant Governor is at the State Capitol to conduct official
 1853  state business. In addition to the subsistence allowance, a
 1854  Lieutenant Governor is eligible for reimbursement for
 1855  transportation expenses as provided in subsection (7) for travel
 1856  between the Lieutenant Governor’s official headquarters and the
 1857  State Capitol to conduct state business.
 1858         2. Payment of subsistence and reimbursement for
 1859  transportation between a Lieutenant Governor’s official
 1860  headquarters and the State Capitol shall be made to the extent
 1861  appropriated funds are available, as determined by the Governor.
 1862         3. This paragraph expires July 1, 2022 2021.
 1863         Section 57. In order to implement section 8 of the 2021
 1864  2022 General Appropriations Act, notwithstanding s.
 1865  110.123(3)(f) and (j), Florida Statutes, the Department of
 1866  Management Services shall maintain and offer the same PPO and
 1867  HMO health plan alternatives to the participants of the State
 1868  Group Health Insurance Program during the 2021-2022 fiscal year
 1869  which were in effect for the 2020-2021 fiscal year. This section
 1870  expires July 1, 2022.
 1871         Section 58. In order to implement the appropriation of
 1872  funds in the special categories, contracted services, and
 1873  expenses categories of the 2021-2022 General Appropriations Act,
 1874  a state agency may not initiate a competitive solicitation for a
 1875  product or service if the completion of such competitive
 1876  solicitation would:
 1877         (1) Require a change in law; or
 1878         (2) Require a change to the agency’s budget other than a
 1879  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 1880  unless the initiation of such competitive solicitation is
 1881  specifically authorized in law, in the General Appropriations
 1882  Act, or by the Legislative Budget Commission.
 1883  
 1884  This section does not apply to a competitive solicitation for
 1885  which the agency head certifies that a valid emergency exists.
 1886  This section expires July 1, 2022.
 1887         Section 59. In order to implement Specific Appropriations
 1888  2670 and 2671 of the 2021-2022 General Appropriations Act, and
 1889  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 1890  salaries for members of the Legislature for the 2021-2022 fiscal
 1891  year shall be set at the same level in effect on July 1, 2010.
 1892  This section expires July 1, 2022.
 1893         Section 60. In order to implement the transfer of funds
 1894  from the General Revenue Fund from trust funds for the 2021-2022
 1895  General Appropriations Act, and notwithstanding the expiration
 1896  date in section 102 of chapter 2020-114, Laws of Florida,
 1897  paragraph (b) of subsection (2) of section 215.32, Florida
 1898  Statutes, is reenacted to read:
 1899         215.32 State funds; segregation.—
 1900         (2) The source and use of each of these funds shall be as
 1901  follows:
 1902         (b)1. The trust funds shall consist of moneys received by
 1903  the state which under law or under trust agreement are
 1904  segregated for a purpose authorized by law. The state agency or
 1905  branch of state government receiving or collecting such moneys
 1906  is responsible for their proper expenditure as provided by law.
 1907  Upon the request of the state agency or branch of state
 1908  government responsible for the administration of the trust fund,
 1909  the Chief Financial Officer may establish accounts within the
 1910  trust fund at a level considered necessary for proper
 1911  accountability. Once an account is established, the Chief
 1912  Financial Officer may authorize payment from that account only
 1913  upon determining that there is sufficient cash and releases at
 1914  the level of the account.
 1915         2. In addition to other trust funds created by law, to the
 1916  extent possible, each agency shall use the following trust funds
 1917  as described in this subparagraph for day-to-day operations:
 1918         a. Operations or operating trust fund, for use as a
 1919  depository for funds to be used for program operations funded by
 1920  program revenues, with the exception of administrative
 1921  activities when the operations or operating trust fund is a
 1922  proprietary fund.
 1923         b. Operations and maintenance trust fund, for use as a
 1924  depository for client services funded by third-party payors.
 1925         c. Administrative trust fund, for use as a depository for
 1926  funds to be used for management activities that are departmental
 1927  in nature and funded by indirect cost earnings and assessments
 1928  against trust funds. Proprietary funds are excluded from the
 1929  requirement of using an administrative trust fund.
 1930         d. Grants and donations trust fund, for use as a depository
 1931  for funds to be used for allowable grant or donor agreement
 1932  activities funded by restricted contractual revenue from private
 1933  and public nonfederal sources.
 1934         e. Agency working capital trust fund, for use as a
 1935  depository for funds to be used pursuant to s. 216.272.
 1936         f. Clearing funds trust fund, for use as a depository for
 1937  funds to account for collections pending distribution to lawful
 1938  recipients.
 1939         g. Federal grant trust fund, for use as a depository for
 1940  funds to be used for allowable grant activities funded by
 1941  restricted program revenues from federal sources.
 1942  
 1943  To the extent possible, each agency must adjust its internal
 1944  accounting to use existing trust funds consistent with the
 1945  requirements of this subparagraph. If an agency does not have
 1946  trust funds listed in this subparagraph and cannot make such
 1947  adjustment, the agency must recommend the creation of the
 1948  necessary trust funds to the Legislature no later than the next
 1949  scheduled review of the agency’s trust funds pursuant to s.
 1950  215.3206.
 1951         3. All such moneys are hereby appropriated to be expended
 1952  in accordance with the law or trust agreement under which they
 1953  were received, subject always to the provisions of chapter 216
 1954  relating to the appropriation of funds and to the applicable
 1955  laws relating to the deposit or expenditure of moneys in the
 1956  State Treasury.
 1957         4.a. Notwithstanding any provision of law restricting the
 1958  use of trust funds to specific purposes, unappropriated cash
 1959  balances from selected trust funds may be authorized by the
 1960  Legislature for transfer to the Budget Stabilization Fund and
 1961  General Revenue Fund in the General Appropriations Act.
 1962         b. This subparagraph does not apply to trust funds required
 1963  by federal programs or mandates; trust funds established for
 1964  bond covenants, indentures, or resolutions whose revenues are
 1965  legally pledged by the state or public body to meet debt service
 1966  or other financial requirements of any debt obligations of the
 1967  state or any public body; the Division of Licensing Trust Fund
 1968  in the Department of Agriculture and Consumer Services; the
 1969  State Transportation Trust Fund; the trust fund containing the
 1970  net annual proceeds from the Florida Education Lotteries; the
 1971  Florida Retirement System Trust Fund; trust funds under the
 1972  management of the State Board of Education or the Board of
 1973  Governors of the State University System, where such trust funds
 1974  are for auxiliary enterprises, self-insurance, and contracts,
 1975  grants, and donations, as those terms are defined by general
 1976  law; trust funds that serve as clearing funds or accounts for
 1977  the Chief Financial Officer or state agencies; trust funds that
 1978  account for assets held by the state in a trustee capacity as an
 1979  agent or fiduciary for individuals, private organizations, or
 1980  other governmental units; and other trust funds authorized by
 1981  the State Constitution.
 1982         Section 61. The text of s. 215.32(2)(b), Florida Statutes,
 1983  as carried forward from chapter 2011-47, Laws of Florida, by
 1984  this act, expires July 1, 2022, and the text of that paragraph
 1985  shall revert to that in existence on June 30, 2011, except that
 1986  any amendments to such text enacted other than by this act shall
 1987  be preserved and continue to operate to the extent that such
 1988  amendments are not dependent upon the portions of text which
 1989  expire pursuant to this section.
 1990         Section 62. In order to implement appropriations in the
 1991  2021-2022 General Appropriations Act for state employee travel,
 1992  the funds appropriated to each state agency which may be used
 1993  for travel by state employees are limited during the 2021-2022
 1994  fiscal year to travel for activities that are critical to each
 1995  state agency’s mission. Funds may not be used for travel by
 1996  state employees to foreign countries, other states, conferences,
 1997  staff training activities, or other administrative functions
 1998  unless the agency head has approved, in writing, that such
 1999  activities are critical to the agency’s mission. The agency head
 2000  shall consider using teleconferencing and other forms of
 2001  electronic communication to meet the needs of the proposed
 2002  activity before approving mission-critical travel. This section
 2003  does not apply to travel for law enforcement purposes, military
 2004  purposes, emergency management activities, or public health
 2005  activities. This section expires July 1, 2022.
 2006         Section 63. In order to implement appropriations in the
 2007  2021-2022 General Appropriations Act for state employee travel
 2008  and notwithstanding s. 112.061, Florida Statutes, costs for
 2009  lodging associated with a meeting, conference, or convention
 2010  organized or sponsored in whole or in part by a state agency or
 2011  the judicial branch may not exceed $175 per day. An employee may
 2012  expend his or her own funds for any lodging expenses in excess
 2013  of $175 per day. For purposes of this section, a meeting does
 2014  not include travel activities for conducting an audit,
 2015  examination, inspection, or investigation or travel activities
 2016  related to a litigation or emergency response. This section
 2017  expires July 1, 2022.
 2018         Section 64. In order to implement the appropriation of
 2019  funds in the special categories, contracted services, and
 2020  expenses categories of the 2021-2022 General Appropriations Act,
 2021  a state agency may not enter into a contract containing a
 2022  nondisclosure clause that prohibits the contractor from
 2023  disclosing information relevant to the performance of the
 2024  contract to members or staff of the Senate or the House of
 2025  Representatives. This section expires July 1, 2022.
 2026         Section 65. In order to implement the appropriation of
 2027  funds in the special categories, contracted services, and
 2028  expenses categories of the 2021-2022 General Appropriations Act,
 2029  section 216.1366, Florida Statutes, is reenacted and amended to
 2030  read:
 2031         216.1366 Contract terms.—
 2032         (1) In order to preserve the interest of the state in the
 2033  prudent expenditure of state funds, each public agency contract
 2034  for services entered into or amended on or after July 1, 2020,
 2035  shall authorize the public agency to inspect the:
 2036         (a) Financial records, papers, and documents of the
 2037  contractor that are directly related to the performance of the
 2038  contract or the expenditure of state funds.
 2039         (b) Programmatic records, papers, and documents of the
 2040  contractor which the public agency determines are necessary to
 2041  monitor the performance of the contract or to ensure that the
 2042  terms of the contract are being met.
 2043         (2) The contract shall require the contractor to provide
 2044  such records, papers, and documents requested by the public
 2045  agency within 10 business days after the request is made.
 2046         (3) This section expires July 1, 2022 2021.
 2047         Section 66. In order to implement section 152 of the 2021
 2048  2022 General Appropriations Act, paragraph (f) is added to
 2049  subsection (11) of section 216.181, Florida Statutes, to read:
 2050         216.181 Approved budgets for operations and fixed capital
 2051  outlay.—
 2052         (11) 
 2053         (f) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2054  for the 2021-2022 fiscal year only, the Legislative Budget
 2055  Commission may increase the amounts appropriated to state
 2056  agencies for fixed capital outlay projects using funds provided
 2057  to the state from the General Revenue Fund. The projects must be
 2058  for deferred maintenance needs in state, college, or university
 2059  facilities and must be specifically identified in a funding plan
 2060  submitted to the Legislative Budget Commission for approval.
 2061  This paragraph expires July 1, 2022.
 2062  
 2063  The provisions of this subsection are subject to the notice and
 2064  objection procedures set forth in s. 216.177.
 2065         Section 67. In order to implement sections 10 through 17 of
 2066  the 2021-2022 General Appropriations Act, the detailed
 2067  reversions by state agency, budget entity, appropriation
 2068  category, and fund included in the document titled “Fiscal Year
 2069  2020-2021 Immediate Reversions” dated April 27, 2021, and filed
 2070  with the Secretary of the Senate, are incorporated by reference
 2071  for the purpose of displaying calculations used by the
 2072  Legislature, consistent with the requirements of state law, in
 2073  making appropriations for the 2020-2021 fiscal year. This
 2074  section expires July 1, 2022.
 2075         Section 68. In order to implement section 8 of the 2021
 2076  2022 General Appropriations Act:
 2077         (1) Notwithstanding s. 216.181(2)(h), Florida Statutes,
 2078  state agencies may submit budget amendments, subject to the
 2079  notice, review, and objection procedures of s. 216.177, Florida
 2080  Statutes, to implement salary increases necessary to address pay
 2081  plan compression issues as a result of the increase of the
 2082  minimum wage to $13 per hour.
 2083         (2) Notwithstanding s. 947.04(1), Florida Statutes,
 2084  consenting retired commissioners of the Florida Commission on
 2085  Offender Review who are assigned to temporary duty may be paid
 2086  $13 per hour.
 2087  
 2088  This section expires July 1, 2022.
 2089         Section 69. Effective upon becoming a law, in order to
 2090  implement Specific Appropriations 2852 through 2863 and sections
 2091  121 and 122 of the 2021-2022 General Appropriations Act, and
 2092  notwithstanding the proviso language for Specific Appropriation
 2093  2920 in chapter 2020-111, Laws of Florida, subsection (3) of
 2094  section 282.709, Florida Statutes, is amended to read:
 2095         282.709 State agency law enforcement radio system and
 2096  interoperability network.—
 2097         (3) In recognition of the critical nature of the statewide
 2098  law enforcement radio communications system, the Legislature
 2099  finds that there is an immediate danger to the public health,
 2100  safety, and welfare, and that it is in the best interest of the
 2101  state to continue partnering with the system’s current operator.
 2102  The Legislature finds that continuity of coverage is critical to
 2103  supporting law enforcement, first responders, and other public
 2104  safety users. The potential for a loss in coverage or a lack of
 2105  interoperability between users requires emergency action and is
 2106  a serious concern for officers’ safety and their ability to
 2107  communicate and respond to various disasters and events.
 2108         (a) The department, pursuant to s. 287.057(10), shall enter
 2109  into a 15-year contract with the entity that was operating the
 2110  statewide radio communications system on January 1, 2021. The
 2111  contract must include:
 2112         1. The purchase of radios;
 2113         2. The upgrade to the Project 25 communications standard;
 2114         3.Increased system capacity and enhanced coverage for
 2115  system users;
 2116         4.Operations, maintenance, and support at a fixed annual
 2117  rate;
 2118         5.The conveyance of communications towers to the
 2119  department; and
 2120         6.The assignment of communications tower leases to the
 2121  department.
 2122         (b) The State Agency Law Enforcement Radio System Trust
 2123  Fund is established in the department and funded from surcharges
 2124  collected under ss. 318.18, 320.0802, and 328.72. Upon
 2125  appropriation, moneys in the trust fund may be used by the
 2126  department to acquire by competitive procurement the equipment,
 2127  software, and engineering, administrative, and maintenance
 2128  services it needs to construct, operate, and maintain the
 2129  statewide radio system. Moneys in the trust fund from surcharges
 2130  shall be used to help fund the costs of the system. Upon
 2131  completion of the system, moneys in the trust fund may also be
 2132  used by the department for payment of the recurring maintenance
 2133  costs of the system.
 2134         Section 70. The amendments to s. 282.709(3), Florida
 2135  Statutes, made by this act expire July 1, 2022, and the text of
 2136  that subsection shall revert to that in existence on the day
 2137  before the date that this act becomes a law, except that any
 2138  amendments to such text enacted other than by this act shall be
 2139  preserved and continue to operate to the extent that such
 2140  amendments are not dependent upon the portions of text which
 2141  expire pursuant to this section.
 2142         Section 71. In order to implement Specific Appropriation
 2143  2675 of the 2021-2022 General Appropriations Act, subsection (4)
 2144  is added to section 350.0614, Florida Statutes, to read:
 2145         350.0614 Public Counsel; compensation and expenses.—
 2146         (4) Notwithstanding subsection (1), the operating budget,
 2147  as approved jointly by the President of the Senate and the
 2148  Speaker of the House of Representatives from the moneys
 2149  appropriated to the Public Counsel by the Legislature,
 2150  constitutes the allocation under which the Public Counsel will
 2151  manage the duties of his or her office. The Public Counsel:
 2152         (aShall submit an annual budget request to the
 2153  Legislature in the format, detail, and schedule determined by
 2154  the President of the Senate and the Speaker of the House of
 2155  Representatives.
 2156         (bMay employ technical and clerical personnel and retain
 2157  additional counsel and experts, including expert witnesses. In
 2158  employing such personnel, retaining additional counsel and
 2159  experts, and exercising all other administrative duties of the
 2160  office, the Public Counsel must follow applicable provisions of
 2161  the most recent version of the Joint Policies and Procedures of
 2162  the Presiding Officers. Any guidance for administrative issues
 2163  not addressed by the Joint Policies and Procedures of the
 2164  Presiding Officers requires consultation and joint agreement of
 2165  the President of the Senate and the Speaker of the House of
 2166  Representatives.
 2167  
 2168  This subsection expires July 1, 2022.
 2169         Section 72. In order to implement section 152 of the 2021
 2170  2022 General Appropriations Act, and in order to expedite the
 2171  closure of the Piney Point facility located in Manatee County,
 2172  the Department of Environmental Protection is exempt from the
 2173  competitive procurement requirements of s. 287.057, Florida
 2174  Statutes, for any procurement of commodities or contractual
 2175  services in support of the site closure or to address
 2176  environmental impacts associated with the system failure. This
 2177  section expires July 1, 2022.
 2178         Section 73. In order to implement Specific Appropriation
 2179  604 of the 2021-2022 General Appropriations Act, and
 2180  notwithstanding the proviso language related to that
 2181  appropriation, funds may be provided for the provision of the
 2182  continuum of care program at the Graceville Correctional
 2183  Facility. This section expires July 1, 2022.
 2184         Section 74. In order to implement Specific Appropriation
 2185  2544 of the 2021-2022 General Appropriations Act, section 14.35,
 2186  Florida Statutes, is reenacted and amended to read:
 2187         14.35 Governor’s Medal of Freedom.—
 2188         (1) The Governor may present, in the name of the State of
 2189  Florida, a medal to be known as the “Governor’s Medal of
 2190  Freedom,” which shall bear a suitable inscription and ribbon of
 2191  appropriate design, to any person who has made an especially
 2192  meritorious contribution to the interests and citizens of the
 2193  state, its culture, or other significant public or private
 2194  endeavor.
 2195         (2)(a) In the event of the death of an individual who has
 2196  been chosen to receive the Governor’s Medal of Freedom, the
 2197  medal may be presented to a designated representative of the
 2198  chosen recipient.
 2199         (b) The Governor’s Medal of Freedom may only be presented
 2200  to an individual once.
 2201         (3) This section expires July 1, 2022 2021.
 2202         Section 75. Any section of this act which implements a
 2203  specific appropriation or specifically identified proviso
 2204  language in the 2021-2022 General Appropriations Act is void if
 2205  the specific appropriation or specifically identified proviso
 2206  language is vetoed. Any section of this act which implements
 2207  more than one specific appropriation or more than one portion of
 2208  specifically identified proviso language in the 2021-2022
 2209  General Appropriations Act is void if all the specific
 2210  appropriations or portions of specifically identified proviso
 2211  language are vetoed.
 2212         Section 76. If any other act passed during the 2021 Regular
 2213  Session of the Legislature contains a provision that is
 2214  substantively the same as a provision in this act, but that
 2215  removes or is otherwise not subject to the future repeal applied
 2216  to such provision by this act, the Legislature intends that the
 2217  provision in the other act takes precedence and continues to
 2218  operate, notwithstanding the future repeal provided by this act.
 2219         Section 77. If any provision of this act or its application
 2220  to any person or circumstance is held invalid, the invalidity
 2221  does not affect other provisions or applications of the act
 2222  which can be given effect without the invalid provision or
 2223  application, and to this end the provisions of this act are
 2224  severable.
 2225         Section 78. Except as otherwise expressly provided in this
 2226  act and except for this section, which shall take effect upon
 2227  this act becoming a law, this act shall take effect July 1,
 2228  2021, or, if this act fails to become a law until after that
 2229  date, it shall take effect upon becoming a law and shall operate
 2230  retroactively to July 1, 2021.