Bill Text: FL S2502 | 2018 | Regular Session | Engrossed
Bill Title: Implementing the 2018-2019 General Appropriations Act
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-02-08 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2018-S2502-Engrossed.html
SB 2502 First Engrossed 20182502e1 1 A bill to be entitled 2 An act implementing the 2018-2019 General 3 Appropriations Act; providing legislative intent; 4 incorporating by reference certain calculations of the 5 Florida Education Finance Program; providing that 6 funds for instructional materials must be released and 7 expended as required in specified proviso language; 8 amending s. 1002.333, F.S.; specifying that certain 9 schools of hope are eligible to receive hope 10 supplemental service allocation funds; specifying 11 required duties of the State Board of Education for 12 the 2017-2018 fiscal year; providing for the future 13 expiration and reversion of specified statutory text; 14 amending s. 1011.62, F.S.; creating the hope 15 supplemental services allocation; providing the 16 purpose of the allocation; specifying the services 17 that may be funded by the allocation; requiring a plan 18 for implementation to be developed and submitted to 19 the appropriate governing body before distribution of 20 the allocation; providing requirements for 21 implementation plans; requiring approved plans to be 22 submitted to the Commissioner of Education by a 23 specified date; providing for the allocation of funds 24 for the 2018-2019 fiscal year; creating the mental 25 health assistance allocation; providing the purpose of 26 the allocation; providing for the annual allocation of 27 such funds on a specified basis; prohibiting the use 28 of allocated funds to supplant funds provided from 29 other operating funds, to increase salaries, or to 30 provide bonuses; providing requirements for school 31 districts and charter schools; providing that required 32 plans must include certain elements; requiring school 33 districts to annually submit approved plans to the 34 commissioner by a specified date; creating the funding 35 compression allocation; providing the purpose of the 36 allocation; authorizing funding for the annual 37 allocation for specified purposes; providing the 38 calculation for the allocation; amending s. 1012.731, 39 F.S.; deleting Florida Best and Brightest Teacher 40 Scholarship Program scholarship awards authorized for 41 the 2018-2019 school year; incorporating by reference 42 certain calculations of the Medicaid Disproportionate 43 Share Hospital program; authorizing the Agency for 44 Health Care Administration, in consultation with the 45 Department of Health, to submit a budget amendment to 46 realign funding for a component of the Children’s 47 Medical Services program; specifying requirements for 48 such realignment; authorizing the agency to request 49 nonoperating budget authority for transferring certain 50 federal funds to the department; specifying criteria 51 to be used by the Agency for Persons with Disabilities 52 in the event that an allocation algorithm and 53 methodology for the iBudget system is no longer in 54 effect; providing for the implementation of any new 55 iBudget allocation algorithm and methodology; 56 authorizing increased funding for an iBudget under 57 certain circumstances; amending s. 409.908, F.S.; 58 revising parameters relating to the prospective 59 payment methodology for the reimbursement of Medicaid 60 providers to be implemented for rate-setting purposes; 61 requiring the agency to establish prospective payment 62 reimbursement rates for nursing home services as 63 provided in this act and in the General Appropriations 64 Act; providing for the future expiration and reversion 65 of specified statutory text; requiring the Agency for 66 Health Care Administration to seek authorization from 67 the federal Centers for Medicare and Medicaid Services 68 to modify the period of retroactive Medicaid 69 eligibility in a manner that ensures that the 70 modification becomes effective by a certain date; 71 amending s. 409.911, F.S.; updating the average of 72 audited disproportionate share data for purposes of 73 calculating disproportionate share payments; extending 74 for 1 fiscal year the requirement that the Agency for 75 Health Care Administration distribute moneys to 76 hospitals that provide a disproportionate share of 77 Medicaid or charity care services as set forth in the 78 General Appropriations Act; amending s. 409.9113, 79 F.S.; extending for 1 fiscal year the requirement that 80 the Agency for Health Care Administration make 81 disproportionate share payments to teaching hospitals 82 as set forth in the General Appropriations Act; 83 amending s. 409.9119, F.S.; extending for 1 fiscal 84 year the requirement that the Agency for Health Care 85 Administration make disproportionate share payments to 86 certain specialty hospitals for children as set forth 87 in the General Appropriations Act; amending s. 88 216.262, F.S.; extending for 1 fiscal year the 89 authority of the Department of Corrections to submit a 90 budget amendment for additional positions and 91 appropriations under certain circumstances; amending 92 s. 215.18, F.S.; extending for 1 fiscal year the 93 authority, and related repayment requirements, for 94 temporary trust fund loans to the state court system 95 which are sufficient to meet the system’s 96 appropriation; authorizing the Department of 97 Corrections to submit certain budget amendments to 98 transfer funds into the Inmate Health Services 99 category; providing that such transfers are subject to 100 notice, review, and objection procedures; requiring 101 the Department of Juvenile Justice to review county 102 juvenile detention payments to ensure that counties 103 fulfill specified financial responsibilities; 104 requiring amounts owed by a county for such financial 105 responsibilities to be deducted from certain county 106 funds; requiring the Department of Revenue to transfer 107 withheld funds to a specified trust fund; requiring 108 the Department of Revenue to ensure that such 109 reductions in amounts distributed do not reduce 110 distributions below amounts necessary for certain 111 payments due on bonds and to comply with bond 112 covenants; requiring the Department of Revenue to 113 notify the Department of Juvenile Justice if bond 114 payment requirements require a reduction in deductions 115 for amounts owed by a county; prohibiting the 116 Department of Juvenile Justice from providing to 117 certain nonfiscally constrained counties 118 reimbursements or credits against identified juvenile 119 detention center costs under specified circumstances; 120 prohibiting a nonfiscally constrained county from 121 applying, deducting, or receiving such reimbursements 122 or credits; amending s. 27.5304, F.S.; extending for 1 123 fiscal year certain limitations on compensation for 124 private court-appointed counsel; amending s. 1011.80, 125 F.S.; providing that state funds provided for 126 postsecondary workforce program operations may be used 127 for inmate education if specifically appropriated for 128 such purpose; authorizing a Supreme Court Justice to 129 designate an alternate facility as his or her official 130 headquarters for purposes of travel reimbursement; 131 specifying which expenses may be reimbursed to a 132 justice; requiring the Chief Justice to coordinate 133 with an affected justice and other appropriate 134 officials with respect to implementation; providing 135 for construction; prohibiting the Supreme Court from 136 using state funds to lease space in an alternate 137 facility for use as a justice’s official headquarters; 138 requiring the Department of Management Services to use 139 tenant broker services to renegotiate or reprocure 140 certain private lease agreements for office or storage 141 space; requiring the Department of Management Services 142 to provide a report to the Executive Office of the 143 Governor and the Legislature by a specified date; 144 specifying the amount of the transaction fee to be 145 collected for use of the state’s online procurement 146 system; prohibiting an agency from transferring funds 147 from a data processing category to another category 148 that is not a data processing category; authorizing 149 the Executive Office of the Governor to transfer funds 150 appropriated in certain appropriation categories 151 between departments for specified purposes; requiring 152 the Department of Financial Services to replace 153 specified components of the Florida Accounting 154 Information Resource Subsystem (FLAIR) and the Cash 155 Management Subsystem (CMS); specifying certain actions 156 to be taken by the Department of Financial Services 157 regarding FLAIR and CMS replacement; providing for the 158 composition of an executive steering committee to 159 oversee FLAIR and CMS replacement; prescribing duties 160 and responsibilities of the executive steering 161 committee; amending s. 282.0051, F.S.; revising the 162 powers, duties, and functions of the Agency for State 163 Technology with respect to the operational management 164 and oversight of the state data center; providing for 165 the future expiration and reversion of specified 166 statutory text; amending s. 216.181, F.S.; extending 167 for 1 fiscal year the authority for the Legislative 168 Budget Commission to increase amounts appropriated to 169 the Fish and Wildlife Conservation Commission or the 170 Department of Environmental Protection for certain 171 fixed capital outlay projects from specified sources; 172 amending s. 215.18, F.S.; extending for 1 fiscal year 173 the authority of the Governor, if there is a specified 174 deficiency in a land acquisition trust fund in the 175 Department of Agriculture and Consumer Services, the 176 Department of Environmental Protection, the Department 177 of State, or the Fish and Wildlife Conservation 178 Commission, to transfer funds from other trust funds 179 in the State Treasury as a temporary loan to such 180 trust fund; providing procedures for the repayment of 181 the temporary loan; amending s. 375.041, F.S.; 182 specifying that certain funds for projects dedicated 183 to restoring Lake Apopka shall be appropriated as 184 provided under the General Appropriations Act; 185 reenacting s. 373.470(6)(a), F.S., relating to 186 Everglades restoration; providing for the future 187 expiration and reversion of specified statutory text; 188 amending s. 216.181, F.S.; extending for 1 fiscal year 189 the authority of the Legislative Budget Commission to 190 increase amounts appropriated to the Department of 191 Environmental Protection for fixed capital outlay 192 projects using specified funds; specifying additional 193 information to be included in budget amendments for 194 projects requiring additional funding; requiring the 195 Department of Environmental Protection to transfer a 196 designated proportionate share of the revenues 197 deposited in the Land Acquisition Trust Fund within 198 the department to land acquisition trust funds in the 199 Department of Agriculture and Consumer Services, the 200 Department of State, and the Fish and Wildlife 201 Conservation Commission, according to specified 202 parameters and calculations; defining the term 203 “department”; requiring the Department of 204 Environmental Protection to retain a proportionate 205 share of revenues; specifying a limit on 206 distributions; requiring the Department of 207 Environmental Protection to make transfers to land 208 acquisition trust funds; specifying the method of 209 determining transfer amounts; authorizing the 210 Department of Environmental Protection to advance 211 funds from its land acquisition trust fund to the Fish 212 and Wildlife Conservation Commission’s land 213 acquisition trust fund for specified purposes; 214 requiring the Department of Environmental Protection 215 to prorate amounts transferred to the Fish and 216 Wildlife Conservation Commission; requiring the 217 Department of Environmental Protection to distribute 218 moneys transferred from the Land Acquisition Trust 219 Fund into the Florida Forever Trust Fund in accordance 220 with a specified distribution formula; amending s. 221 375.075, F.S.; requiring that a minimum amount of 222 funds for the Florida Recreation Development 223 Assistance Program be used for projects that provide 224 recreational enhancements and opportunities for 225 children; requiring the Department of Environmental 226 Protection to award grants by a specified date; 227 providing limitations with respect to the number of 228 grant applications a local government may submit and 229 the maximum project grant amount; specifying 230 requirements for the selection criteria used by the 231 department; amending s. 376.3071, F.S.; allocating a 232 specified sum from the Inland Protection Trust Fund 233 for the payment of repair, replacement, and 234 preventative measure costs for storage tanks, piping, 235 or system components; requiring an owner or operator 236 to submit an application to the department to receive 237 funding; prescribing requirements for such 238 application; specifying requirements, restrictions, 239 and limitations regarding applications and payments; 240 prohibiting payments for specified expenses; providing 241 construction; requiring the department to ensure that 242 petroleum storage systems approved after a specified 243 date meet certain standards; amending s. 295.23, F.S.; 244 transferring duties relating to the administration of 245 the veterans research and marketing campaign from the 246 Florida Tourism Industry Marketing Corporation to 247 Florida Is For Veterans, Inc.; revising the annual 248 appropriation for the veterans research and marketing 249 campaign; amending s. 295.21, F.S.; revising the 250 duties of Florida Is For Veterans, Inc., regarding the 251 veterans research and marketing campaign to conform to 252 changes made by the act; providing for the future 253 expiration and reversion of specified statutory text; 254 amending s. 427.013, F.S.; extending for 1 fiscal year 255 a requirement that the Commission for the 256 Transportation Disadvantaged allocate and award 257 appropriated funds for specified purposes; amending s. 258 321.04, F.S.; extending for 1 fiscal year provisions 259 requiring the Department of Highway Safety and Motor 260 Vehicles to assign the patrol officer assigned to the 261 Office of the Governor to the Lieutenant Governor and 262 to assign a patrol officer to a Cabinet member under 263 certain circumstances; amending s. 339.135, F.S.; 264 extending for 1 fiscal year provisions authorizing the 265 Department of Transportation to realign budget 266 authority to carry out the department’s work program; 267 amending s. 216.292, F.S.; extending for 1 fiscal year 268 a provision that requires a review of certain 269 transfers of appropriations to ensure compliance with 270 ch. 216, F.S., and that such transfers are not 271 contrary to legislative policy and intent; amending s. 272 112.24, F.S.; extending for 1 fiscal year the 273 authorization, subject to specified requirements, for 274 the assignment of an employee of a state agency under 275 an employee interchange agreement; providing that the 276 annual salaries of the members of the Legislature 277 shall be maintained at a specified level; reenacting 278 s. 215.32(2)(b), F.S., relating to the source and use 279 of certain trust funds; providing for the future 280 expiration and reversion of specified statutory text; 281 prohibiting state agencies from entering into 282 contracts containing certain nondisclosure agreements; 283 providing conditions under which the veto of certain 284 appropriations or proviso language in the General 285 Appropriations Act voids language that implements such 286 appropriations; providing for the continued operation 287 of certain provisions notwithstanding a future repeal 288 or expiration provided by the act; providing 289 severability; providing effective dates. 290 291 Be It Enacted by the Legislature of the State of Florida: 292 293 Section 1. It is the intent of the Legislature that the 294 implementing and administering provisions of this act apply to 295 the General Appropriations Act for the 2018-2019 fiscal year. 296 Section 2. In order to implement Specific Appropriations 6, 297 7, 8, 92, and 93 of the 2018-2019 General Appropriations Act, 298 the calculations of the Florida Education Finance Program for 299 the 2018-2019 fiscal year included in the document titled 300 “Public School Funding: The Florida Education Finance Program,” 301 dated February 1, 2018, and filed with the Secretary of the 302 Senate, are incorporated by reference for the purpose of 303 displaying the calculations used by the Legislature, consistent 304 with the requirements of state law, in making appropriations for 305 the Florida Education Finance Program. This section expires July 306 1, 2019. 307 Section 3. In order to implement Specific Appropriations 6 308 and 92 of the 2018-2019 General Appropriations Act, and 309 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42, 310 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the 311 expenditure of funds provided for instructional materials, for 312 the 2018-2019 fiscal year, funds provided for instructional 313 materials shall be released and expended as required in the 314 proviso language for Specific Appropriation 92 of the 2018-2019 315 General Appropriations Act. This section expires July 1, 2019. 316 Section 4. In order to implement Specific Appropriations 6 317 and 92 of the 2018-2019 General Appropriations Act, paragraphs 318 (b) and (c) of subsection (10) of section 1002.333, Florida 319 Statutes, are amended to read: 320 1002.333 Persistently low-performing schools.— 321 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program 322 is created within the Department of Education. 323 (b) A traditional public school that is required to submit 324 a plan for implementation pursuant to s. 1008.33(4) is eligible 325 to receive funding for services authorizedup to $2,000 per326full-time equivalent studentfrom the hope supplemental services 327 allocation established under s. 1011.62(16)Schools of Hope328Program based upon the strength of the school’s plan for329implementation and its focus on evidence-based interventions330that lead to student success by providing wrap-around services331that leverage community assets, improve school and community332collaboration, and develop family and community partnerships. 333Wrap-around services include, but are not limited to, tutorial334and after-school programs, student counseling, nutrition335education, parental counseling, and adult education. Plans for336implementation may also include models that develop a culture of337attending college, high academic expectations, character338development, dress codes, and an extended school day and school339year. At a minimum, a plan for implementation must:3401. Establish wrap-around services that develop family and341community partnerships.3422. Establish clearly defined and measurable high academic343and character standards.3443. Increase parental involvement and engagement in the345child’s education.3464. Describe how the school district will identify, recruit,347retain, and reward instructional personnel. The state board may348waive the requirements of s. 1012.22(1)(c)5., and suspend the349requirements of s. 1012.34, to facilitate implementation of the350plan.3515. Identify a knowledge-rich curriculum that the school352will use that focuses on developing a student’s background353knowledge.3546. Provide professional development that focuses on355academic rigor, direct instruction, and creating high academic356and character standards.357 (c) For the 2017-2018 fiscal year, the state board shall: 358 1. Provide awards for up to 25 schools and prioritize 359 awards for implementation planssubmitted pursuant to paragraph360(b)that are based on whole school transformation and that are 361 developed in consultation with the school’s principal. 362 2. Annually report on the implementation of this subsection 363 in the report required by s. 1008.345(5), and provide summarized 364 academic performance reports of each traditional public school 365 receiving funds. 366 Section 5. The amendments made by this act to s. 367 1002.33(10)(b)-(c), Florida Statutes, expire July 1, 2019, and 368 the text of those paragraphs shall revert to that in existence 369 on June 30, 2018, except that any amendments to such text 370 enacted other than by this act shall be preserved and continue 371 to operate to the extent that such amendments are not dependent 372 upon the portions of text which expire pursuant to this section. 373 Section 6. In order to implement Specific Appropriations 6 374 and 92 of the 2018-2019 General Appropriations Act, present 375 subsections (16) and (17) of section 1011.62, Florida Statutes, 376 are renumbered as subsections (19) and (20), respectively, new 377 subsections (16) and (17) and subsection (18) are added to that 378 section, and paragraph (a) of subsection (4) and subsection (14) 379 of that section are amended, to read: 380 1011.62 Funds for operation of schools.—If the annual 381 allocation from the Florida Education Finance Program to each 382 district for operation of schools is not determined in the 383 annual appropriations act or the substantive bill implementing 384 the annual appropriations act, it shall be determined as 385 follows: 386 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The 387 Legislature shall prescribe the aggregate required local effort 388 for all school districts collectively as an item in the General 389 Appropriations Act for each fiscal year. The amount that each 390 district shall provide annually toward the cost of the Florida 391 Education Finance Program for kindergarten through grade 12 392 programs shall be calculated as follows: 393 (a) Estimated taxable value calculations.— 394 1.a. Not later than 2 working days before July 19, the 395 Department of Revenue shall certify to the Commissioner of 396 Education its most recent estimate of the taxable value for 397 school purposes in each school district and the total for all 398 school districts in the state for the current calendar year 399 based on the latest available data obtained from the local 400 property appraisers. The value certified shall be the taxable 401 value for school purposes for that year, and no further 402 adjustments shall be made, except those made pursuant to 403 paragraphs (c) and (d), or an assessment roll change required by 404 final judicial decisions as specified in paragraph (19)(b) 405(16)(b). Not later than July 19, the Commissioner of Education 406 shall compute a millage rate, rounded to the next highest one 407 one-thousandth of a mill, which, when applied to 96 percent of 408 the estimated state total taxable value for school purposes, 409 would generate the prescribed aggregate required local effort 410 for that year for all districts. The Commissioner of Education 411 shall certify to each district school board the millage rate, 412 computed as prescribed in this subparagraph, as the minimum 413 millage rate necessary to provide the district required local 414 effort for that year. 415 b. The General Appropriations Act shall direct the 416 computation of the statewide adjusted aggregate amount for 417 required local effort for all school districts collectively from 418 ad valorem taxes to ensure that no school district’s revenue 419 from required local effort millage will produce more than 90 420 percent of the district’s total Florida Education Finance 421 Program calculation as calculated and adopted by the 422 Legislature, and the adjustment of the required local effort 423 millage rate of each district that produces more than 90 percent 424 of its total Florida Education Finance Program entitlement to a 425 level that will produce only 90 percent of its total Florida 426 Education Finance Program entitlement in the July calculation. 427 2. On the same date as the certification in sub 428 subparagraph 1.a., the Department of Revenue shall certify to 429 the Commissioner of Education for each district: 430 a. Each year for which the property appraiser has certified 431 the taxable value pursuant to s. 193.122(2) or (3), if 432 applicable, since the prior certification under sub-subparagraph 433 1.a. 434 b. For each year identified in sub-subparagraph a., the 435 taxable value certified by the appraiser pursuant to s. 436 193.122(2) or (3), if applicable, since the prior certification 437 under sub-subparagraph 1.a. This is the certification that 438 reflects all final administrative actions of the value 439 adjustment board. 440 (14) QUALITY ASSURANCE GUARANTEE.—The Legislature may 441 annually in the General Appropriations Act determine a 442 percentage increase in funds per K-12 unweighted FTE as a 443 minimum guarantee to each school district. The guarantee shall 444 be calculated from prior year base funding per unweighted FTE 445 student which shall include the adjusted FTE dollars as provided 446 in subsection (19)(16), quality guarantee funds, and actual 447 nonvoted discretionary local effort from taxes. From the base 448 funding per unweighted FTE, the increase shall be calculated for 449 the current year. The current year funds from which the 450 guarantee shall be determined shall include the adjusted FTE 451 dollars as provided in subsection (19)(16)and potential 452 nonvoted discretionary local effort from taxes. A comparison of 453 current year funds per unweighted FTE to prior year funds per 454 unweighted FTE shall be computed. For those school districts 455 which have less than the legislatively assigned percentage 456 increase, funds shall be provided to guarantee the assigned 457 percentage increase in funds per unweighted FTE student. Should 458 appropriated funds be less than the sum of this calculated 459 amount for all districts, the commissioner shall prorate each 460 district’s allocation. This provision shall be implemented to 461 the extent specifically funded. 462 (16) HOPE SUPPLEMENTAL SERVICES ALLOCATION.—The hope 463 supplemental services allocation is created to provide district 464 managed turnaround schools, as required under s. 1008.33(4)(a), 465 and charter schools authorized under s. 1008.33(4)(b), with 466 funds to offer services designed to improve the overall academic 467 and community welfare of the schools’ students and their 468 families. 469 (a) Services funded by the allocation may include, but are 470 not limited to, tutorial and after-school programs, student 471 counseling, nutrition education, and parental counseling. In 472 addition, services may also include models that develop a 473 culture that encourages students to complete high school and to 474 attend college or career training, set high academic 475 expectations, inspire character development, and include an 476 extended school day and school year. 477 (b) Prior to distribution of the allocation, a school 478 district, for a district turnaround school, or the charter 479 school governing board for a charter school, as applicable, 480 shall develop and submit a plan for implementation to its 481 respective governing body for approval no later than August 1 of 482 the fiscal year. 483 (c) At a minimum, the plans required under paragraph (b) 484 must: 485 1. Establish comprehensive support services that develop 486 family and community partnerships; 487 2. Establish clearly defined and measurable high academic 488 and character standards; 489 3. Increase parental involvement and engagement in the 490 child’s education; 491 4. Describe how instructional personnel will be identified, 492 recruited, retained, and rewarded; 493 5. Provide professional development that focuses on 494 academic rigor, direct instruction, and creating high academic 495 and character standards; and 496 6. Provide focused instruction to improve student academic 497 proficiency, which may include additional instruction time 498 beyond the normal school day or school year. 499 (d) Each school district and hope operator shall submit 500 approved plans to the commissioner by September 1 of each fiscal 501 year. 502 (e) For the 2018-2019 fiscal year, a school that is 503 selected to receive funding in the 2017-2018 fiscal year 504 pursuant to s. 1002.333(10)(c) shall receive $2,000 per FTE. A 505 district-managed turnaround school required under s. 506 1008.33(4)(a) and a charter school authorized under s. 507 1008.33(4)(b) are eligible for the remaining funds based on the 508 school’s unweighted FTE, up to $2,000 per FTE or as provided in 509 the General Appropriations Act. 510 511 This subsection expires July 1, 2019. 512 (17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health 513 assistance allocation is created to provide supplemental funding 514 to assist school districts in establishing or expanding 515 comprehensive school-based mental health programs that increase 516 awareness of mental health issues among children and school-age 517 youth; train educators and other school staff in detecting and 518 responding to mental health issues; and connect children, youth, 519 and families who may experience behavioral health issues with 520 appropriate services. These funds may be allocated annually in 521 the General Appropriations Act to each eligible school district 522 and developmental research school based on each entity’s 523 proportionate share of Florida Education Finance Program base 524 funding. The district funding allocation must include a minimum 525 amount as specified in the General Appropriations Act. Upon 526 submission and approval of a plan that includes the elements 527 specified in paragraph (b), charter schools are also entitled to 528 a proportionate share of district funding for this program. The 529 allocated funds may not supplant funds that are provided for 530 this purpose from other operating funds and may not be used to 531 increase salaries or provide bonuses. 532 (a) Prior to distribution of the allocation: 533 1. The district must annually develop and submit a detailed 534 plan outlining the local program and planned expenditures to the 535 district school board for approval. 536 2. A charter school must annually develop and submit a 537 detailed plan outlining the local program and planned 538 expenditures of the funds in the plan to its governing body for 539 approval. After the plan is approved by the governing body, it 540 must be provided to its school district for submission to the 541 commissioner. 542 (b) The plans required under paragraph (a) must include, at 543 a minimum, all of the following elements: 544 1. A collaborative effort or partnership between the school 545 district and at least one local community program or agency 546 involved in mental health to provide or to improve prevention, 547 diagnosis, and treatment services for students; 548 2. Programs to assist students in dealing with bullying, 549 trauma, and violence; 550 3. Strategies or programs to reduce the likelihood of at 551 risk students developing social, emotional, or behavioral health 552 problems or substance use disorders; 553 4. Strategies to improve the early identification of 554 social, emotional, or behavioral problems or substance use 555 disorders and to improve the provision of early intervention 556 services; 557 5. Strategies to enhance the availability of school-based 558 crisis intervention services and appropriate referrals for 559 students in need of mental health services; and 560 6. Training opportunities for school personnel in the 561 techniques and supports needed to identify students who have 562 trauma histories and who have or are at risk of having a mental 563 illness, and in the use of referral mechanisms that effectively 564 link such students to appropriate treatment and intervention 565 services in the school and in the community. 566 (c) The districts shall submit approved plans to the 567 commissioner by August 1 of each fiscal year. 568 569 This subsection expires July 1, 2019. 570 (18) FUNDING COMPRESSION ALLOCATION.—The Legislature may 571 provide an annual funding compression allocation in the General 572 Appropriations Act. The allocation is created to provide 573 additional funding to school districts and developmental 574 research schools whose total funds per FTE in the prior year 575 were less than the statewide average. Using the most recent 576 prior year FEFP calculation for each eligible school district, 577 the total funds per FTE shall be subtracted from the state 578 average funds per FTE, not including any adjustments made 579 pursuant to paragraph (19)(b). The resulting funds per FTE 580 difference, or a portion thereof, as designated in the General 581 Appropriations Act, shall then be multiplied by the school 582 district’s total unweighted FTE to provide the allocation. If 583 the calculated funds are greater than the amount included in the 584 General Appropriations Act, they must be prorated to the 585 appropriation amount based on each participating school 586 district’s share. 587 588 This subsection expires July 1, 2019. 589 Section 7. In order to implement Specific Appropriations 6 590 and 92 of the 2018-2019 General Appropriations Act, paragraph 591 (c) of subsection (3) of section 1012.731, Florida Statutes, is 592 amended to read: 593 1012.731 The Florida Best and Brightest Teacher Scholarship 594 Program.— 595 (3) 596 (c) Notwithstanding the requirements of this subsection, 597 for the 2017-2018, 2018-2019,and 2019-2020 school years, any 598 classroom teacher who: 599 1. Was evaluated as highly effective pursuant to s. 1012.34 600 in the school year immediately preceding the year in which the 601 scholarship will be awarded shall receive a scholarship of 602 $1200, including a classroom teacher who received an award 603 pursuant to paragraph (a). 604 2. Was evaluated as effective pursuant to s. 1012.34 in the 605 school year immediately preceding the year in which the 606 scholarship will be awarded a scholarship of up to $800. If the 607 number of eligible classroom teachers under this subparagraph 608 exceeds the total allocation, the department shall prorate the 609 per-teacher scholarship amount. 610 611 This paragraph expires July 1, 2020. 612 Section 8. In order to implement Specific Appropriation 200 613 of the 2018-2019 General Appropriations Act, the calculations 614 for the Medicaid Disproportionate Share Hospital program for the 615 2018-2019 fiscal year contained in the document titled “Medicaid 616 Hospital Funding Program,” dated January 26, 2018, and filed 617 with the Secretary of the Senate, are incorporated by reference 618 for the purpose of displaying the calculations used by the 619 Legislature, consistent with the requirements of state law, in 620 making appropriations for the Medicaid Disproportionate Share 621 Hospital program. This section expires July 1, 2019. 622 Section 9. In order to implement Specific Appropriations 623 193 through 220 and 524 of the 2018-2019 General Appropriations 624 Act, and notwithstanding ss. 216.181 and 216.292, Florida 625 Statutes, the Agency for Health Care Administration, in 626 consultation with the Department of Health, may submit a budget 627 amendment, subject to the notice, review, and objection 628 procedures of s. 216.177, Florida Statutes, to realign funding 629 within and between agencies based on implementation of the 630 Managed Medical Assistance component of the Statewide Medicaid 631 Managed Care program for the Children’s Medical Services program 632 of the Department of Health. The funding realignment shall 633 reflect the actual enrollment changes due to the transfer of 634 beneficiaries from fee-for-service to the capitated Children’s 635 Medical Services Network. The Agency for Health Care 636 Administration may submit a request for nonoperating budget 637 authority to transfer the federal funds to the Department of 638 Health pursuant to s. 216.181(12), Florida Statutes. This 639 section expires July 1, 2019. 640 Section 10. In order to implement Specific Appropriation 641 242 of the 2018-2019 General Appropriations Act: 642 (1) If during the 2018-2019 fiscal year, the Agency for 643 Persons with Disabilities ceases to have an allocation algorithm 644 and methodology adopted by valid rule pursuant to s. 393.0662, 645 Florida Statutes, the agency shall use the following until it 646 adopts a new allocation algorithm and methodology: 647 (a) Each client’s iBudget in effect as of the date the 648 agency ceases to have an allocation algorithm and methodology 649 adopted by valid rule pursuant to s. 393.0662, Florida Statutes, 650 shall remain at that funding level. 651 (b) The Agency for Persons with Disabilities shall 652 determine the iBudget for a client newly enrolled in the home 653 and community-based services waiver program using the same 654 allocation algorithm and methodology used for the iBudgets 655 determined between January 1, 2017, and December 31, 2017. 656 (2) After a new allocation algorithm and methodology is 657 adopted by final rule, a client’s new iBudget shall be 658 determined based on the new allocation algorithm and methodology 659 and shall take effect as of the client’s next support plan 660 update. 661 (3) Funding allocated under subsections (1) and (2) may be 662 increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as 663 necessary to comply with federal regulations. 664 (4) This section expires July 1, 2019. 665 Section 11. Effective October 1, 2018, in order to 666 implement Specific Appropriations 217 and 218 of the 2018-2019 667 General Appropriations Act, section 8 of chapter 2017-129, Laws 668 of Florida, is amended to read: 669 Section 8. Effective October 1, 2018, subsection (2) of 670 section 409.908, Florida Statutes, is amended to read: 671 409.908 Reimbursement of Medicaid providers.—Subject to 672 specific appropriations, the agency shall reimburse Medicaid 673 providers, in accordance with state and federal law, according 674 to methodologies set forth in the rules of the agency and in 675 policy manuals and handbooks incorporated by reference therein. 676 These methodologies may include fee schedules, reimbursement 677 methods based on cost reporting, negotiated fees, competitive 678 bidding pursuant to s. 287.057, and other mechanisms the agency 679 considers efficient and effective for purchasing services or 680 goods on behalf of recipients. If a provider is reimbursed based 681 on cost reporting and submits a cost report late and that cost 682 report would have been used to set a lower reimbursement rate 683 for a rate semester, then the provider’s rate for that semester 684 shall be retroactively calculated using the new cost report, and 685 full payment at the recalculated rate shall be effected 686 retroactively. Medicare-granted extensions for filing cost 687 reports, if applicable, shall also apply to Medicaid cost 688 reports. Payment for Medicaid compensable services made on 689 behalf of Medicaid eligible persons is subject to the 690 availability of moneys and any limitations or directions 691 provided for in the General Appropriations Act or chapter 216. 692 Further, nothing in this section shall be construed to prevent 693 or limit the agency from adjusting fees, reimbursement rates, 694 lengths of stay, number of visits, or number of services, or 695 making any other adjustments necessary to comply with the 696 availability of moneys and any limitations or directions 697 provided for in the General Appropriations Act, provided the 698 adjustment is consistent with legislative intent. 699 (2)(a)1. Reimbursement to nursing homes licensed under part 700 II of chapter 400 and state-owned-and-operated intermediate care 701 facilities for the developmentally disabled licensed under part 702 VIII of chapter 400 must be made prospectively. 703 2. Unless otherwise limited or directed in the General 704 Appropriations Act, reimbursement to hospitals licensed under 705 part I of chapter 395 for the provision of swing-bed nursing 706 home services must be made on the basis of the average statewide 707 nursing home payment, and reimbursement to a hospital licensed 708 under part I of chapter 395 for the provision of skilled nursing 709 services must be made on the basis of the average nursing home 710 payment for those services in the county in which the hospital 711 is located. When a hospital is located in a county that does not 712 have any community nursing homes, reimbursement shall be 713 determined by averaging the nursing home payments in counties 714 that surround the county in which the hospital is located. 715 Reimbursement to hospitals, including Medicaid payment of 716 Medicare copayments, for skilled nursing services shall be 717 limited to 30 days, unless a prior authorization has been 718 obtained from the agency. Medicaid reimbursement may be extended 719 by the agency beyond 30 days, and approval must be based upon 720 verification by the patient’s physician that the patient 721 requires short-term rehabilitative and recuperative services 722 only, in which case an extension of no more than 15 days may be 723 approved. Reimbursement to a hospital licensed under part I of 724 chapter 395 for the temporary provision of skilled nursing 725 services to nursing home residents who have been displaced as 726 the result of a natural disaster or other emergency may not 727 exceed the average county nursing home payment for those 728 services in the county in which the hospital is located and is 729 limited to the period of time which the agency considers 730 necessary for continued placement of the nursing home residents 731 in the hospital. 732 (b) Subject to any limitations or directions in the General 733 Appropriations Act, the agency shall establish and implement a 734 state Title XIX Long-Term Care Reimbursement Plan for nursing 735 home care in order to provide care and services in conformance 736 with the applicable state and federal laws, rules, regulations, 737 and quality and safety standards and to ensure that individuals 738 eligible for medical assistance have reasonable geographic 739 access to such care. 740 1. The agency shall amend the long-term care reimbursement 741 plan and cost reporting system to create direct care and 742 indirect care subcomponents of the patient care component of the 743 per diem rate. These two subcomponents together shall equal the 744 patient care component of the per diem rate. Separate prices 745 shall be calculated for each patient care subcomponent, 746 initially based on the September 2016 rate setting cost reports 747 and subsequently based on the most recently audited cost report 748 used during a rebasing year. The direct care subcomponent of the 749 per diem rate for any providers still being reimbursed on a cost 750 basis shall be limited by the cost-based class ceiling, and the 751 indirect care subcomponent may be limited by the lower of the 752 cost-based class ceiling, the target rate class ceiling, or the 753 individual provider target. The ceilings and targets apply only 754 to providers being reimbursed on a cost-based system. Effective 755 October 1, 2018, a prospective payment methodology shall be 756 implemented for rate setting purposes with the following 757 parameters: 758 a. Peer Groups, including: 759 (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee 760 Counties; and 761 (II) South-SMMC Regions 10-11, plus Palm Beach and 762 Okeechobee Counties. 763 b. Percentage of Median Costs based on the cost reports 764 used for September 2016 rate setting: 765 (I) Direct Care Costs....................105100percent. 766 (II) Indirect Care Costs......................92 percent. 767 (III) Operating Costs.........................86 percent. 768 c. Floors: 769 (I) Direct Care Component.....................95 percent. 770 (II) Indirect Care Component................92.5 percent. 771 (III) Operating Component...........................None. 772 d. Pass-through PaymentsReal Estate and Personal Property 773 Taxes and Property Insurance. 774 e. Quality Incentive Program Payment Pool7.56percent of 775 September 2016 non-property related payments of included 776 facilities. 777 f. Quality Score Threshold to Quality for Quality Incentive 778 Payment..................20th percentile of included facilities. 779 g. Fair Rental Value System Payment Parameters: 780 (I) Building Value per Square Foot based on 2018 RS Means. 781 (II) Land Valuation...10 percent of Gross Building value. 782 (III) Facility Square Footage......Actual Square Footage. 783 (IV) Moveable Equipment Allowance.........$8,000 per bed. 784 (V) Obsolescence Factor......................1.5 percent. 785 (VI) Fair Rental Rate of Return................8 percent. 786 (VII) Minimum Occupancy.......................90 percent. 787 (VIII) Maximum Facility Age.....................40 years. 788 (IX) Minimum Square Footage per Bed..................350. 789 (X) Maximum Square Footage for Bed...................500. 790 (XI) Minimum Cost of a renovation/replacements$500 per bed. 791 h. Ventilator Supplemental payment of $200 per Medicaid day 792 of 40,000 ventilator Medicaid days per fiscal year. 793 2. The direct care subcomponent shall include salaries and 794 benefits of direct care staff providing nursing services 795 including registered nurses, licensed practical nurses, and 796 certified nursing assistants who deliver care directly to 797 residents in the nursing home facility, allowable therapy costs, 798 and dietary costs. This excludes nursing administration, staff 799 development, the staffing coordinator, and the administrative 800 portion of the minimum data set and care plan coordinators. The 801 direct care subcomponent also includes medically necessary 802 dental care, vision care, hearing care, and podiatric care. 803 3. All other patient care costs shall be included in the 804 indirect care cost subcomponent of the patient care per diem 805 rate, including complex medical equipment, medical supplies, and 806 other allowable ancillary costs. Costs may not be allocated 807 directly or indirectly to the direct care subcomponent from a 808 home office or management company. 809 4. On July 1 of each year, the agency shall report to the 810 Legislature direct and indirect care costs, including average 811 direct and indirect care costs per resident per facility and 812 direct care and indirect care salaries and benefits per category 813 of staff member per facility. 814 5. Every fourth year, the agency shall rebase nursing home 815 prospective payment rates to reflect changes in cost based on 816 the most recently audited cost report for each participating 817 provider. 818 6. A direct care supplemental payment may be made to 819 providers whose direct care hours per patient day are above the 820 80th percentile and who provide Medicaid services to a larger 821 percentage of Medicaid patients than the state average. 822 7. For the period beginning on October 1, 2018, and ending 823 on September 30, 2021, the agency shall reimburse providers the 824 greater of their September 2016 cost-based rate or their 825 prospective payment rate. Effective October 1, 2021, the agency 826 shall reimburse providers the greater of 95 percent of their 827 cost-based rate or their rebased prospective payment rate, using 828 the most recently audited cost report for each facility. This 829 subparagraph shall expire September 30, 2023. 830 8. Pediatric, Florida Department of Veterans Affairs, and 831 government-owned facilities are exempt from the pricing model 832 established in this subsection and shall remain on a cost-based 833 prospective payment system. Effective October 1, 2018, the 834 agency shall set rates for all facilities remaining on a cost 835 based prospective payment system using each facility’s most 836 recently audited cost report, eliminating retroactive 837 settlements. 838 839 It is the intent of the Legislature that the reimbursement plan 840 achieve the goal of providing access to health care for nursing 841 home residents who require large amounts of care while 842 encouraging diversion services as an alternative to nursing home 843 care for residents who can be served within the community. The 844 agency shall base the establishment of any maximum rate of 845 payment, whether overall or component, on the available moneys 846 as provided for in the General Appropriations Act. The agency 847 may base the maximum rate of payment on the results of 848 scientifically valid analysis and conclusions derived from 849 objective statistical data pertinent to the particular maximum 850 rate of payment. 851 Section 12. Effective October 1, 2018, in order to 852 implement Specific Appropriations 217 and 218 of the 2018-2019 853 General Appropriations Act, subsection (23) of section 409.908, 854 Florida Statutes, is amended to read: 855 409.908 Reimbursement of Medicaid providers.—Subject to 856 specific appropriations, the agency shall reimburse Medicaid 857 providers, in accordance with state and federal law, according 858 to methodologies set forth in the rules of the agency and in 859 policy manuals and handbooks incorporated by reference therein. 860 These methodologies may include fee schedules, reimbursement 861 methods based on cost reporting, negotiated fees, competitive 862 bidding pursuant to s. 287.057, and other mechanisms the agency 863 considers efficient and effective for purchasing services or 864 goods on behalf of recipients. If a provider is reimbursed based 865 on cost reporting and submits a cost report late and that cost 866 report would have been used to set a lower reimbursement rate 867 for a rate semester, then the provider’s rate for that semester 868 shall be retroactively calculated using the new cost report, and 869 full payment at the recalculated rate shall be effected 870 retroactively. Medicare-granted extensions for filing cost 871 reports, if applicable, shall also apply to Medicaid cost 872 reports. Payment for Medicaid compensable services made on 873 behalf of Medicaid eligible persons is subject to the 874 availability of moneys and any limitations or directions 875 provided for in the General Appropriations Act or chapter 216. 876 Further, nothing in this section shall be construed to prevent 877 or limit the agency from adjusting fees, reimbursement rates, 878 lengths of stay, number of visits, or number of services, or 879 making any other adjustments necessary to comply with the 880 availability of moneys and any limitations or directions 881 provided for in the General Appropriations Act, provided the 882 adjustment is consistent with legislative intent. 883 (23)(a) The agency shall establish rates at a level that 884 ensures no increase in statewide expenditures resulting from a 885 change in unit costs for county health departments effective 886 July 1, 2011. Reimbursement rates shall be as provided in the 887 General Appropriations Act. 888 (b)1. Base rate reimbursement for inpatient services under 889 a diagnosis-related group payment methodology shall be provided 890 in the General Appropriations Act. 891 2.(c)Base rate reimbursement for outpatient services under 892 an enhanced ambulatory payment group methodology shall be 893 provided in the General Appropriations Act. 894 3. Prospective payment system reimbursement for nursing 895 home services shall be as provided in subsection (2) and in the 896 General Appropriations Act 897(d) This subsection applies to the following provider898types:8991. Nursing homes.9002. County health departments.901(e) The agency shall apply the effect of this subsection to902the reimbursement rates for nursing home diversion programs. 903 Section 13. The amendments made by this act to ss. 904 409.908(2) and (23), Florida Statutes, expire July 1, 2019, and 905 the text of those subsections shall revert to that in existence 906 on October 1, 2018, not including any amendments made by this 907 act, except that any amendments to such text enacted other than 908 by this act shall be preserved and continue to operate to the 909 extent that such amendments are not dependent upon the portions 910 of text which expire pursuant to this section. 911 Section 14. Effective upon this act becoming a law, in 912 order to implement Specific Appropriations 199, 203, 204, 206, 913 208, and 217 of the 2018-2019 General Appropriations Act, the 914 Agency for Health Care Administration shall seek authorization 915 from the federal Centers for Medicare and Medicaid Services to 916 modify the period of retroactive Medicaid eligibility from 90 917 days to 30 days in a manner that ensures that the modification 918 becomes effective on July 1, 2018. 919 Section 15. In order to implement Specific Appropriation 920 200 of the 2018-2019 General Appropriations Act, subsections (2) 921 and (10) of section 409.911, Florida Statutes, are amended to 922 read: 923 409.911 Disproportionate share program.—Subject to specific 924 allocations established within the General Appropriations Act 925 and any limitations established pursuant to chapter 216, the 926 agency shall distribute, pursuant to this section, moneys to 927 hospitals providing a disproportionate share of Medicaid or 928 charity care services by making quarterly Medicaid payments as 929 required. Notwithstanding the provisions of s. 409.915, counties 930 are exempt from contributing toward the cost of this special 931 reimbursement for hospitals serving a disproportionate share of 932 low-income patients. 933 (2) The Agency for Health Care Administration shall use the 934 following actual audited data to determine the Medicaid days and 935 charity care to be used in calculating the disproportionate 936 share payment: 937 (a) The average of the 2010, 2011, and 20122009, 2010, and9382011audited disproportionate share data to determine each 939 hospital’s Medicaid days and charity care for the 2018-2019 9402017-2018state fiscal year. 941 (b) If the Agency for Health Care Administration does not 942 have the prescribed 3 years of audited disproportionate share 943 data as noted in paragraph (a) for a hospital, the agency shall 944 use the average of the years of the audited disproportionate 945 share data as noted in paragraph (a) which is available. 946 (c) In accordance with s. 1923(b) of the Social Security 947 Act, a hospital with a Medicaid inpatient utilization rate 948 greater than one standard deviation above the statewide mean or 949 a hospital with a low-income utilization rate of 25 percent or 950 greater shall qualify for reimbursement. 951 (10) Notwithstanding any provision of this section to the 952 contrary, for the 2018-20192017-2018state fiscal year, the 953 agency shall distribute moneys to hospitals providing a 954 disproportionate share of Medicaid or charity care services as 955 provided in the 2018-20192017-2018General Appropriations Act. 956 This subsection expires July 1, 20192018. 957 Section 16. In order to implement Specific Appropriation 958 200 of the 2018-2019 General Appropriations Act, subsection (3) 959 of section 409.9113, Florida Statutes, is amended to read: 960 409.9113 Disproportionate share program for teaching 961 hospitals.—In addition to the payments made under s. 409.911, 962 the agency shall make disproportionate share payments to 963 teaching hospitals, as defined in s. 408.07, for their increased 964 costs associated with medical education programs and for 965 tertiary health care services provided to the indigent. This 966 system of payments must conform to federal requirements and 967 distribute funds in each fiscal year for which an appropriation 968 is made by making quarterly Medicaid payments. Notwithstanding 969 s. 409.915, counties are exempt from contributing toward the 970 cost of this special reimbursement for hospitals serving a 971 disproportionate share of low-income patients. The agency shall 972 distribute the moneys provided in the General Appropriations Act 973 to statutorily defined teaching hospitals and family practice 974 teaching hospitals, as defined in s. 395.805, pursuant to this 975 section. The funds provided for statutorily defined teaching 976 hospitals shall be distributed as provided in the General 977 Appropriations Act. The funds provided for family practice 978 teaching hospitals shall be distributed equally among family 979 practice teaching hospitals. 980 (3) Notwithstanding any provision of this section to the 981 contrary, for the 2018-20192017-2018state fiscal year, the 982 agency shall make disproportionate share payments to teaching 983 hospitals, as defined in s. 408.07, as provided in the 2018-2019 9842017-2018General Appropriations Act. This subsection expires 985 July 1, 20192018. 986 Section 17. In order to implement Specific Appropriation 987 200 of the 2018-2019 General Appropriations Act, subsection (4) 988 of section 409.9119, Florida Statutes, is amended to read: 989 409.9119 Disproportionate share program for specialty 990 hospitals for children.—In addition to the payments made under 991 s. 409.911, the Agency for Health Care Administration shall 992 develop and implement a system under which disproportionate 993 share payments are made to those hospitals that are separately 994 licensed by the state as specialty hospitals for children, have 995 a federal Centers for Medicare and Medicaid Services 996 certification number in the 3300-3399 range, have Medicaid days 997 that exceed 55 percent of their total days and Medicare days 998 that are less than 5 percent of their total days, and were 999 licensed on January 1, 2013, as specialty hospitals for 1000 children. This system of payments must conform to federal 1001 requirements and must distribute funds in each fiscal year for 1002 which an appropriation is made by making quarterly Medicaid 1003 payments. Notwithstanding s. 409.915, counties are exempt from 1004 contributing toward the cost of this special reimbursement for 1005 hospitals that serve a disproportionate share of low-income 1006 patients. The agency may make disproportionate share payments to 1007 specialty hospitals for children as provided for in the General 1008 Appropriations Act. 1009 (4) Notwithstanding any provision of this section to the 1010 contrary, for the 2018-20192017-2018state fiscal year, for 1011 hospitals achieving full compliance under subsection (3), the 1012 agency shall make disproportionate share payments to specialty 1013 hospitals for children as provided in the 2018-20192017-20181014 General Appropriations Act. This subsection expires July 1, 2019 10152018. 1016 Section 18. In order to implement Specific Appropriations 1017 583 through 692 and 711 through 745 of the 2018-2019 General 1018 Appropriations Act, subsection (4) of section 216.262, Florida 1019 Statutes, is amended to read: 1020 216.262 Authorized positions.— 1021 (4) Notwithstanding the provisions of this chapter relating 1022 to increasing the number of authorized positions, and for the 1023 2018-20192017-2018fiscal year only, if the actual inmate 1024 population of the Department of Corrections exceeds the inmate 1025 population projections of the December 20, 2017February 23,10262017, Criminal Justice Estimating Conference by 1 percent for 2 1027 consecutive months or 2 percent for any month, the Executive 1028 Office of the Governor, with the approval of the Legislative 1029 Budget Commission, shall immediately notify the Criminal Justice 1030 Estimating Conference, which shall convene as soon as possible 1031 to revise the estimates. The Department of Corrections may then 1032 submit a budget amendment requesting the establishment of 1033 positions in excess of the number authorized by the Legislature 1034 and additional appropriations from unallocated general revenue 1035 sufficient to provide for essential staff, fixed capital 1036 improvements, and other resources to provide classification, 1037 security, food services, health services, and other variable 1038 expenses within the institutions to accommodate the estimated 1039 increase in the inmate population. All actions taken pursuant to 1040 this subsection are subject to review and approval by the 1041 Legislative Budget Commission. This subsection expires July 1, 1042 20192018. 1043 Section 19. In order to implement Specific Appropriations 1044 3127 through 3194 of the 2018-2019 General Appropriations Act, 1045 subsection (2) of section 215.18, Florida Statutes, is amended 1046 to read: 1047 215.18 Transfers between funds; limitation.— 1048 (2) The Chief Justice of the Supreme Court may receive one 1049 or more trust fund loans to ensure that the state court system 1050 has funds sufficient to meet its appropriations in the 2018-2019 10512017-2018General Appropriations Act. If the Chief Justice 1052 accesses the loan, he or she must notify the Governor and the 1053 chairs of the legislative appropriations committees in writing. 1054 The loan must come from other funds in the State Treasury which 1055 are for the time being or otherwise in excess of the amounts 1056 necessary to meet the just requirements of such last-mentioned 1057 funds. The Governor shall order the transfer of funds within 5 1058 days after the written notification from the Chief Justice. If 1059 the Governor does not order the transfer, the Chief Financial 1060 Officer shall transfer the requested funds. The loan of funds 1061 from which any money is temporarily transferred must be repaid 1062 by the end of the 2018-20192017-2018fiscal year. This 1063 subsection expires July 1, 20192018. 1064 Section 20. In order to implement Specific Appropriation 1065 716 of the 2018-2019 General Appropriations Act, and 1066 notwithstanding s. 216.292, Florida Statutes, the Department of 1067 Corrections is authorized to submit budget amendments to 1068 transfer funds from categories within the department other than 1069 fixed capital outlay categories into the Inmate Health Services 1070 category in order to continue the current level of care in the 1071 provision of health services. Such transfers are subject to the 1072 notice, review, and objection procedures of s. 216.177, Florida 1073 Statutes. This section expires July 1, 2019. 1074 Section 21. (1) In order to implement Specific 1075 Appropriations 1104 through 1114 of the 2018-2019 General 1076 Appropriations Act, the Department of Juvenile Justice must 1077 review county juvenile detention payments to ensure that 1078 counties fulfill their financial responsibilities required in s. 1079 985.6865, Florida Statutes. If the Department of Juvenile 1080 Justice determines that a county has not met its obligations, 1081 the department must direct the Department of Revenue to deduct 1082 the amount owed to the Department of Juvenile Justice from the 1083 funds provided to the county under s. 218.23, Florida Statutes. 1084 The Department of Revenue shall transfer the funds withheld to 1085 the Shared County/State Juvenile Detention Trust Fund. 1086 (2) As an assurance to holders of bonds issued by counties 1087 before July 1, 2018, for which distributions made pursuant to s. 1088 218.23, Florida Statutes, are pledged, or bonds issued to refund 1089 such bonds which mature no later than the bonds they refunded 1090 and which result in a reduction of debt service payable in each 1091 fiscal year, the amount available for distribution to a county 1092 shall remain as provided by law and continue to be subject to 1093 any lien or claim on behalf of the bondholders. The Department 1094 of Revenue must ensure, based on information provided by an 1095 affected county, that any reduction in amounts distributed 1096 pursuant to subsection (1) does not reduce the amount of 1097 distribution to a county below the amount necessary for the 1098 timely payment of principal and interest when due on the bonds 1099 and the amount necessary to comply with any covenant under the 1100 bond resolution or other documents relating to the issuance of 1101 the bonds. If a reduction to a county’s monthly distribution 1102 must be decreased in order to comply with this subsection, the 1103 Department of Revenue must notify the Department of Juvenile 1104 Justice of the amount of the decrease, and the Department of 1105 Juvenile Justice must send a bill for payment of such amount to 1106 the affected county. 1107 (3) This section expires July 1, 2019. 1108 Section 22. In order to implement Specific Appropriations 1109 1104 through 1114 of the 2018-2019 General Appropriations Act, 1110 the Department of Juvenile Justice may not provide, make, pay, 1111 or deduct, and a nonfiscally constrained county may not apply, 1112 deduct, or receive any reimbursement or any credit for any 1113 previous overpayment of juvenile detention care costs related to 1114 or for any previous state fiscal year, against the juvenile 1115 detention care costs due from the nonfiscally constrained county 1116 in the 2018-2019 fiscal year pursuant to s. 985.686, Florida 1117 Statutes, or any other law. This section expires July 1, 2019. 1118 Section 23. In order to implement Specific Appropriation 1119 772 of the 2018-2019 General Appropriations Act, subsection (13) 1120 of section 27.5304, Florida Statutes, is amended to read: 1121 27.5304 Private court-appointed counsel; compensation; 1122 notice.— 1123 (13) Notwithstanding the limitation set forth in subsection 1124 (5) and for the 2018-20192017-2018fiscal year only, the 1125 compensation for representation in a criminal proceeding may not 1126 exceed the following: 1127 (a) For misdemeanors and juveniles represented at the trial 1128 level: $1,000. 1129 (b) For noncapital, nonlife felonies represented at the 1130 trial level: $15,000. 1131 (c) For life felonies represented at the trial level: 1132 $15,000. 1133 (d) For capital cases represented at the trial level: 1134 $25,000. For purposes of this paragraph, a “capital case” is any 1135 offense for which the potential sentence is death and the state 1136 has not waived seeking the death penalty. 1137 (e) For representation on appeal: $9,000. 1138 1139(f)This subsection expires July 1, 20192018. 1140 Section 24. In order to implement Specific Appropriation 1141 732 of the 2018-2019 General Appropriations Act, paragraph (b) 1142 of subsection (7) of section 1011.80, Florida Statutes, is 1143 amended to read: 1144 1011.80 Funds for operation of workforce education 1145 programs.— 1146 (7) 1147 (b) State funds provided for the operation of postsecondary 1148 workforce programs may not be expended for the education of 1149 state or federal inmates, except to the extent that such funds 1150 are specifically appropriated for such purpose in the 2018-2019 1151 General Appropriations Act. 1152 Section 25. In order to implement Specific Appropriation 1153 3129 of the 2018-2019 General Appropriations Act, and 1154 notwithstanding s. 112.061(4), Florida Statutes: 1155 (1)(a) A Supreme Court justice who permanently resides 1156 outside Leon County may, if he or she so requests, have a 1157 district court of appeal courthouse, a county courthouse, or 1158 other appropriate facility in his or her district of residence 1159 designated as his or her official headquarters for purposes of 1160 s. 112.061, Florida Statutes. This official headquarters may 1161 serve only as the justice’s private chambers. 1162 (b) A justice for whom an official headquarters is 1163 designated in his or her district of residence under this 1164 subsection is eligible for subsistence at a rate to be 1165 established by the Chief Justice for each day or partial day 1166 that the justice is at the headquarters of the Supreme Court to 1167 conduct court business. In addition to the subsistence 1168 allowance, a justice is eligible for reimbursement for 1169 transportation expenses as provided in s. 112.061(7), Florida 1170 Statutes, for travel between the justice’s official headquarters 1171 and the headquarters of the Supreme Court to conduct court 1172 business. 1173 (c) Payment of subsistence and reimbursement for 1174 transportation expenses relating to travel between a justice’s 1175 official headquarters and the headquarters of the Supreme Court 1176 shall be made to the extent appropriated funds are available, as 1177 determined by the Chief Justice. 1178 (2) The Chief Justice shall coordinate with each affected 1179 justice and other state and local officials as necessary to 1180 implement paragraph (1)(a). 1181 (3)(a) This section does not require a county to provide 1182 space in a county courthouse for a justice. A county may enter 1183 into an agreement with the Supreme Court governing the use of 1184 space in a county courthouse. 1185 (b) The Supreme Court may not use state funds to lease 1186 space in a district court of appeal courthouse, a county 1187 courthouse, or another facility to allow a justice to establish 1188 an official headquarters pursuant to subsection (1). 1189 (4) This section expires July 1, 2019. 1190 Section 26. In order to implement appropriations used to 1191 pay existing lease contracts for private lease space in excess 1192 of 2,000 square feet in the 2018-2019 General Appropriations 1193 Act, the Department of Management Services, with the cooperation 1194 of the agencies having the existing lease contracts for office 1195 or storage space, shall use tenant broker services to 1196 renegotiate or reprocure all private lease agreements for office 1197 or storage space expiring between July 1, 2019, and June 30, 1198 2021, in order to reduce costs in future years. The department 1199 shall incorporate this initiative into its 2018 master leasing 1200 report required under s. 255.249(7), Florida Statutes, and may 1201 use tenant broker services to explore the possibilities of 1202 collocating office or storage space, to review the space needs 1203 of each agency, and to review the length and terms of potential 1204 renewals or renegotiations. The department shall provide a 1205 report to the Executive Office of the Governor, the President of 1206 the Senate, and the Speaker of the House of Representatives by 1207 November 1, 2018, which lists each lease contract for private 1208 office or storage space, the status of renegotiations, and the 1209 savings achieved. This section expires July 1, 2019. 1210 Section 27. In order to implement Specific Appropriations 1211 2758 through 2770 of the 2018-2019 General Appropriations Act, 1212 and notwithstanding rule 60A-1.031, Florida Administrative Code, 1213 the transaction fee collected for use of the online procurement 1214 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c), 1215 Florida Statutes, is seven-tenths of 1 percent for the 2018-2019 1216 fiscal year only. This section expires July 1, 2019. 1217 Section 28. In order to implement appropriations authorized 1218 in the 2018-2019 General Appropriations Act for data center 1219 services, and notwithstanding s. 216.292(2)(a), Florida 1220 Statutes, an agency may not transfer funds from a data 1221 processing category to a category other than another data 1222 processing category. This section expires July 1, 2019. 1223 Section 29. In order to implement the appropriation of 1224 funds in the appropriation category “Data Processing Assessment 1225 Agency for State Technology” in the 2018-2019 General 1226 Appropriations Act, and pursuant to the notice, review, and 1227 objection procedures of s. 216.177, Florida Statutes, the 1228 Executive Office of the Governor may transfer funds appropriated 1229 in that category between departments in order to align the 1230 budget authority granted based on the estimated billing cycle 1231 and methodology used by the Agency for State Technology for data 1232 processing services provided. This section expires July 1, 2019. 1233 Section 30. In order to implement the appropriation of 1234 funds in the appropriation category “Special Categories-Risk 1235 Management Insurance” in the 2018-2019 General Appropriations 1236 Act, and pursuant to the notice, review, and objection 1237 procedures of s. 216.177, Florida Statutes, the Executive Office 1238 of the Governor may transfer funds appropriated in that category 1239 between departments in order to align the budget authority 1240 granted with the premiums paid by each department for risk 1241 management insurance. This section expires July 1, 2019. 1242 Section 31. In order to implement the appropriation of 1243 funds in the appropriation category “Special Categories-Transfer 1244 to Department of Management Services-Human Resources Services 1245 Purchased per Statewide Contract” in the 2018-2019 General 1246 Appropriations Act, and pursuant to the notice, review, and 1247 objection procedures of s. 216.177, Florida Statutes, the 1248 Executive Office of the Governor may transfer funds appropriated 1249 in that category between departments in order to align the 1250 budget authority granted with the assessments that must be paid 1251 by each agency to the Department of Management Services for 1252 human resource management services. This section expires July 1, 1253 2019. 1254 Section 32. In order to implement Specific Appropriation 1255 2333 of the 2018-2019 General Appropriations Act: 1256 (1) The Department of Financial Services shall replace the 1257 four main components of the Florida Accounting Information 1258 Resource Subsystem (FLAIR), which include central FLAIR, 1259 departmental FLAIR, payroll, and information warehouse, and 1260 shall replace the cash management and accounting management 1261 components of the Cash Management Subsystem (CMS) with an 1262 integrated enterprise system that allows the state to organize, 1263 define, and standardize its financial management business 1264 processes and that complies with ss. 215.90-215.96, Florida 1265 Statutes. The department may not include in the replacement of 1266 FLAIR and CMS: 1267 (a) Functionality that duplicates any of the other 1268 information subsystems of the Florida Financial Management 1269 Information System; or 1270 (b) Agency business processes related to any of the 1271 functions included in the Personnel Information System, the 1272 Purchasing Subsystem, or the Legislative Appropriations 1273 System/Planning and Budgeting Subsystem. 1274 (2) For purposes of replacing FLAIR and CMS, the Department 1275 of Financial Services shall: 1276 (a) Take into consideration the cost and implementation 1277 data identified for Option 3 as recommended in the March 31, 1278 2014, Florida Department of Financial Services FLAIR Study, 1279 version 031. 1280 (b) Ensure that all business requirements and technical 1281 specifications have been provided to all state agencies for 1282 their review and input and approved by the executive steering 1283 committee established in paragraph (c). 1284 (c) Implement a project governance structure that includes 1285 an executive steering committee composed of: 1286 1. The Chief Financial Officer or the executive sponsor of 1287 the project. 1288 2. A representative of the Division of Treasury of the 1289 Department of Financial Services, appointed by the Chief 1290 Financial Officer. 1291 3. A representative of the Division of Information Systems 1292 of the Department of Financial Services, appointed by the Chief 1293 Financial Officer. 1294 4. Four employees from the Division of Accounting and 1295 Auditing of the Department of Financial Services, appointed by 1296 the Chief Financial Officer. Each employee must have experience 1297 relating to at least one of the four main components that 1298 comprise FLAIR. 1299 5. Two employees from the Executive Office of the Governor, 1300 appointed by the Governor. One employee must have experience 1301 relating to the Legislative Appropriations System/Planning and 1302 Budgeting Subsystem. 1303 6. One employee from the Department of Revenue, appointed 1304 by the executive director, who has experience relating to the 1305 department’s SUNTAX system. 1306 7. Two employees from the Department of Management 1307 Services, appointed by the Secretary of Management Services. One 1308 employee must have experience relating to the department’s 1309 personnel information subsystem, and one employee must have 1310 experience relating to the department’s purchasing subsystem. 1311 8. Three state agency administrative services directors, 1312 appointed by the Governor. One director must represent a 1313 regulatory and licensing state agency, and one director must 1314 represent a health care-related state agency. 1315 (3) The Chief Financial Officer or the executive sponsor of 1316 the project shall serve as chair of the executive steering 1317 committee, and the committee shall take action by a vote of at 1318 least eight affirmative votes with the Chief Financial Officer 1319 or the executive sponsor of the project voting on the prevailing 1320 side. A quorum of the executive steering committee consists of 1321 at least 10 members. 1322 (4) The executive steering committee has the overall 1323 responsibility for ensuring that the project to replace FLAIR 1324 and CMS meets its primary business objectives and shall: 1325 (a) Identify and recommend to the Executive Office of the 1326 Governor, the President of the Senate, and the Speaker of the 1327 House of Representatives any statutory changes needed to 1328 implement the replacement subsystem that will standardize, to 1329 the fullest extent possible, the state’s financial management 1330 business processes. 1331 (b) Review and approve any changes to the project’s scope, 1332 schedule, and budget which do not conflict with the requirements 1333 of subsection (1). 1334 (c) Ensure that adequate resources are provided throughout 1335 all phases of the project. 1336 (d) Approve all major project deliverables. 1337 (e) Approve all solicitation-related documents associated 1338 with the replacement of FLAIR and CMS. 1339 (5) This section expires July 1, 2019. 1340 Section 33. In order to implement Specific Appropriation 1341 2908 of the 2018-2019 General Appropriations Act, paragraph (b) 1342 of subsection (11) of section 282.0051, Florida Statutes, is 1343 amended to read: 1344 282.0051 Agency for State Technology; powers, duties, and 1345 functions.—The Agency for State Technology shall have the 1346 following powers, duties, and functions: 1347 (11) Provide operational management and oversight of the 1348 state data center established pursuant to s. 282.201, which 1349 includes: 1350 (b) Procuring budget support and customer billing services 1351 from the department to develop and implementDeveloping and1352implementingcost-recovery mechanisms that recover the full 1353 direct and indirect cost of services through charges to 1354 applicable customer entities. Such cost-recovery mechanisms must 1355 comply with applicable state and federal regulations concerning 1356 distribution and use of funds and must ensure that, for any 1357 fiscal year, no service or customer entity subsidizes another 1358 service or customer entity. 1359 Section 34. The amendment made by this act to s. 1360 282.0051(11)(b), Florida Statutes, expires July 1, 2019, and the 1361 text of that paragraph shall revert to that in existence on June 1362 30, 2018, except that any amendments to such text enacted other 1363 than by this act shall be preserved and continue to operate to 1364 the extent that such amendments are not dependent upon the 1365 portions of text which expire pursuant to this section. 1366 Section 35. In order to implement Specific Appropriations 1367 1591, 1592, and 1593 of the 2018-2019 General Appropriations 1368 Act, paragraph (d) of subsection (11) of section 216.181, 1369 Florida Statutes, is amended to read: 1370 216.181 Approved budgets for operations and fixed capital 1371 outlay.— 1372 (11) 1373 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and 1374 for the 2018-20192017-2018fiscal year only, the Legislative 1375 Budget Commission may increase the amounts appropriated to the 1376 Fish and Wildlife Conservation Commission or the Department of 1377 Environmental Protection for fixed capital outlay projects, 1378 including additional fixed capital outlay projects, using funds 1379 provided to the state from the Gulf Environmental Benefit Fund 1380 administered by the National Fish and Wildlife Foundation; funds 1381 provided to the state from the Gulf Coast Restoration Trust Fund 1382 related to the Resources and Ecosystems Sustainability, Tourist 1383 Opportunities, and Revived Economies of the Gulf Coast Act of 1384 2012 (RESTORE Act); or funds provided by the British Petroleum 1385 Corporation (BP) for natural resource damage assessment 1386 restoration projects. Concurrent with submission of an amendment 1387 to the Legislative Budget Commission pursuant to this paragraph, 1388 any project that carries a continuing commitment for future 1389 appropriations by the Legislature must be specifically 1390 identified, together with the projected amount of the future 1391 commitment associated with the project and the fiscal years in 1392 which the commitment is expected to commence. This paragraph 1393 expires July 1, 20192018. 1394 1395 The provisions of this subsection are subject to the notice and 1396 objection procedures set forth in s. 216.177. 1397 Section 36. In order to implement specific appropriations 1398 from the land acquisition trust funds within the Department of 1399 Agriculture and Consumer Services, the Department of 1400 Environmental Protection, the Department of State, and the Fish 1401 and Wildlife Conservation Commission, which are contained in the 1402 2018-2019 General Appropriations Act, subsection (3) of section 1403 215.18, Florida Statutes, is amended to read: 1404 215.18 Transfers between funds; limitation.— 1405 (3) Notwithstanding subsection (1) and only with respect to 1406 a land acquisition trust fund in the Department of Agriculture 1407 and Consumer Services, the Department of Environmental 1408 Protection, the Department of State, or the Fish and Wildlife 1409 Conservation Commission, whenever there is a deficiency in a 1410 land acquisition trust fund which would render that trust fund 1411 temporarily insufficient to meet its just requirements, 1412 including the timely payment of appropriations from that trust 1413 fund, and other trust funds in the State Treasury have moneys 1414 that are for the time being or otherwise in excess of the 1415 amounts necessary to meet the just requirements, including 1416 appropriated obligations, of those other trust funds, the 1417 Governor may order a temporary transfer of moneys from one or 1418 more of the other trust funds to a land acquisition trust fund 1419 in the Department of Agriculture and Consumer Services, the 1420 Department of Environmental Protection, the Department of State, 1421 or the Fish and Wildlife Conservation Commission. Any action 1422 proposed pursuant to this subsection is subject to the notice, 1423 review, and objection procedures of s. 216.177, and the Governor 1424 shall provide notice of such action at least 7 days before the 1425 effective date of the transfer of trust funds, except that 1426 during July 20182017, notice of such action shall be provided 1427 at least 3 days before the effective date of a transfer unless 1428 such 3-day notice is waived by the chair and vice-chair of the 1429 Legislative Budget Commission. Any transfer of trust funds to a 1430 land acquisition trust fund in the Department of Agriculture and 1431 Consumer Services, the Department of Environmental Protection, 1432 the Department of State, or the Fish and Wildlife Conservation 1433 Commission must be repaid to the trust funds from which the 1434 moneys were loaned by the end of the 2018-20192017-2018fiscal 1435 year. The Legislature has determined that the repayment of the 1436 other trust fund moneys temporarily loaned to a land acquisition 1437 trust fund in the Department of Agriculture and Consumer 1438 Services, the Department of Environmental Protection, the 1439 Department of State, or the Fish and Wildlife Conservation 1440 Commission pursuant to this subsection is an allowable use of 1441 the moneys in a land acquisition trust fund because the moneys 1442 from other trust funds temporarily loaned to a land acquisition 1443 trust fund shall be expended solely and exclusively in 1444 accordance with s. 28, Art. X of the State Constitution. This 1445 subsection expires July 1, 20192018. 1446 Section 37. In order to implement Section 63 of the 2018 1447 2019 General Appropriations Act, paragraph (b) of subsection (3) 1448 of section 375.041, Florida Statutes, is amended to read: 1449 375.041 Land Acquisition Trust Fund.— 1450 (3) Funds distributed into the Land Acquisition Trust Fund 1451 pursuant to s. 201.15 shall be applied: 1452 (b) Of the funds remaining after the payments required 1453 under paragraph (a), but before funds may be appropriated, 1454 pledged, or dedicated for other uses: 1455 1. A minimum of the lesser of 25 percent or $200 million 1456 shall be appropriated annually for Everglades projects that 1457 implement the Comprehensive Everglades Restoration Plan as set 1458 forth in s. 373.470, including the Central Everglades Planning 1459 Project subject to Congressional authorization; the Long-Term 1460 Plan as defined in s. 373.4592(2); and the Northern Everglades 1461 and Estuaries Protection Program as set forth in s. 373.4595. 1462 From these funds, $32 million shall be distributed each fiscal 1463 year through the 2023-2024 fiscal year to the South Florida 1464 Water Management District for the Long-Term Plan as defined in 1465 s. 373.4592(2). After deducting the $32 million distributed 1466 under this subparagraph, from the funds remaining, a minimum of 1467 the lesser of 76.5 percent or $100 million shall be appropriated 1468 each fiscal year through the 2025-2026 fiscal year for the 1469 planning, design, engineering, and construction of the 1470 Comprehensive Everglades Restoration Plan as set forth in s. 1471 373.470, including the Central Everglades Planning Project, the 1472 Everglades Agricultural Area Storage Reservoir Project, the Lake 1473 Okeechobee Watershed Project, the C-43 West Basin Storage 1474 Reservoir Project, the Indian River Lagoon-South Project, the 1475 Western Everglades Restoration Project, and the Picayune Strand 1476 Restoration Project. The Department of Environmental Protection 1477 and the South Florida Water Management District shall give 1478 preference to those Everglades restoration projects that reduce 1479 harmful discharges of water from Lake Okeechobee to the St. 1480 Lucie or Caloosahatchee estuaries in a timely manner. For the 1481 purpose of performing the calculation provided in this 1482 subparagraph, the amount of debt service paid pursuant to 1483 paragraph (a) for bonds issued after July 1, 2016, for the 1484 purposes set forth under paragraph (b) shall be added to the 1485 amount remaining after the payments required under paragraph 1486 (a). The amount of the distribution calculated shall then be 1487 reduced by an amount equal to the debt service paid pursuant to 1488 paragraph (a) on bonds issued after July 1, 2016, for the 1489 purposes set forth under this subparagraph. 1490 2. A minimum of the lesser of 7.6 percent or $50 million 1491 shall be appropriated annually for spring restoration, 1492 protection, and management projects. For the purpose of 1493 performing the calculation provided in this subparagraph, the 1494 amount of debt service paid pursuant to paragraph (a) for bonds 1495 issued after July 1, 2016, for the purposes set forth under 1496 paragraph (b) shall be added to the amount remaining after the 1497 payments required under paragraph (a). The amount of the 1498 distribution calculated shall then be reduced by an amount equal 1499 to the debt service paid pursuant to paragraph (a) on bonds 1500 issued after July 1, 2016, for the purposes set forth under this 1501 subparagraph. 1502 3. The sum of $5 million shall be appropriated annually 1503 each fiscal year through the 2025-2026 fiscal year to the St. 1504 Johns River Water Management District for projects dedicated to 1505 the restoration of Lake Apopka. This distribution shall be 1506 reduced by an amount equal to the debt service paid pursuant to 1507 paragraph (a) on bonds issued after July 1, 2016, for the 1508 purposes set forth in this subparagraph. 1509 4. The sum of $64 million is appropriated and shall be 1510 transferred to the Everglades Trust Fund for the 2018-2019 1511 fiscal year, and each fiscal year thereafter, for the EAA 1512 reservoir project pursuant to s. 373.4598. Any funds remaining 1513 in any fiscal year shall be made available only for Phase II of 1514 the C-51 reservoir project or projects identified in 1515 subparagraph 1. and must be used in accordance with laws 1516 relating to such projects. Any funds made available for such 1517 purposes in a fiscal year are in addition to the amount 1518 appropriated under subparagraph 1. This distribution shall be 1519 reduced by an amount equal to the debt service paid pursuant to 1520 paragraph (a) on bonds issued after July 1, 2017, for the 1521 purposes set forth in this subparagraph. 1522 5. Notwithstanding subparagraph 3., for the 2018-2019201715232018fiscal year, funds shall be appropriated as provided in the 1524 General Appropriations Act. This subparagraph expires July 1, 1525 20192018. 1526 Section 38. In order to implement Specific Appropriation 1527 1581 of the 2018-2019 General Appropriations Act, and 1528 notwithstanding the expiration date contained in section 39 of 1529 chapter 2017-71, Laws of Florida, paragraph (a) of subsection 1530 (6) of section 373.470, Florida Statutes, is reenacted to read: 1531 373.470 Everglades restoration.— 1532 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.— 1533 (a) Except as provided in paragraphs (d) and (e) and for 1534 funds appropriated for debt service, the department shall 1535 distribute funds in the Save Our Everglades Trust Fund to the 1536 district in accordance with a legislative appropriation and s. 1537 373.026(8)(b). Distribution of funds to the district from the 1538 Save Our Everglades Trust Fund or the Land Acquisition Trust 1539 Fund shall be equally matched by the cumulative contributions 1540 from the district by fiscal year 2019-2020 by providing funding 1541 or credits toward project components. The dollar value of in 1542 kind project design and construction work by the district in 1543 furtherance of the comprehensive plan and existing interest in 1544 public lands needed for a project component are credits towards 1545 the district’s contributions. 1546 Section 39. The amendment to s. 373.470(6)(a), Florida 1547 Statutes, as carried forward by this act from chapter 2017-71, 1548 Laws of Florida, expires July 1, 2019, and the text of that 1549 paragraph shall revert to that in existence on June 30, 2017, 1550 except that any amendments to such text enacted other than by 1551 this act shall be preserved and continue to operate to the 1552 extent that such amendments are not dependent upon the portions 1553 of text which expire pursuant to this section. 1554 Section 40. In order to implement Specific Appropriation 1555 1719 of the 2018-2019 General Appropriations Act, paragraph (e) 1556 of subsection (11) of section 216.181, Florida Statutes, is 1557 amended to read: 1558 216.181 Approved budgets for operations and fixed capital 1559 outlay.— 1560 (11) 1561 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and 1562 for the 2018-20192017-2018fiscal year only, the Legislative 1563 Budget Commission may increase the amounts appropriated to the 1564 Department of Environmental Protection for fixed capital outlay 1565 projects using funds provided to the state from the 1566 environmental mitigation trust administered by a trustee 1567 designated by the United States District Court for the Northern 1568 District of California for eligible mitigation actions and 1569 mitigation action expenditures described in the partial consent 1570 decree entered into between the United States of America and 1571 Volkswagen relating to violations of the Clean Air Act. 1572 Concurrent with submission of an amendment to the Legislative 1573 Budget Commission pursuant to this paragraph, any project that 1574 carries a continuing commitment for future appropriations by the 1575 Legislature must be specifically identified, together with the 1576 projected amount of the future commitment associated with the 1577 project and the fiscal years in which the commitment is expected 1578 to commence. This paragraph expires July 1, 20192018. 1579 1580 The provisions of this subsection are subject to the notice and 1581 objection procedures set forth in s. 216.177. 1582 Section 41. (1) In order to implement specific 1583 appropriations from the land acquisition trust funds within the 1584 Department of Agriculture and Consumer Services, the Department 1585 of Environmental Protection, the Department of State, and the 1586 Fish and Wildlife Conservation Commission, which are contained 1587 in the 2018-2019 General Appropriations Act, the Department of 1588 Environmental Protection shall transfer revenues from the Land 1589 Acquisition Trust Fund within the department to the land 1590 acquisition trust funds within the Department of Agriculture and 1591 Consumer Services, the Department of State, and the Fish and 1592 Wildlife Conservation Commission, as provided in this section. 1593 As used in this section, the term “department” means the 1594 Department of Environmental Protection. 1595 (2) After subtracting any required debt service payments, 1596 the proportionate share of revenues to be transferred to each 1597 land acquisition trust fund shall be calculated by dividing the 1598 appropriations from each of the land acquisition trust funds for 1599 the fiscal year by the total appropriations from the Land 1600 Acquisition Trust Fund within the department and the land 1601 acquisition trust funds within the Department of Agriculture and 1602 Consumer Services, the Department of State, and the Fish and 1603 Wildlife Conservation Commission for the fiscal year. The 1604 department shall transfer the proportionate share of the 1605 revenues in the Land Acquisition Trust Fund within the 1606 department on a monthly basis to the appropriate land 1607 acquisition trust funds within the Department of Agriculture and 1608 Consumer Services, the Department of State, and the Fish and 1609 Wildlife Conservation Commission and shall retain its 1610 proportionate share of the revenues in the Land Acquisition 1611 Trust Fund within the department. Total distributions to a land 1612 acquisition trust fund within the Department of Agriculture and 1613 Consumer Services, the Department of State, and the Fish and 1614 Wildlife Conservation Commission may not exceed the total 1615 appropriations from such trust fund for the fiscal year. 1616 (3) In addition, the department shall transfer from the 1617 Land Acquisition Trust Fund to land acquisition trust funds 1618 within the Department of Agriculture and Consumer Services, the 1619 Department of State, and the Fish and Wildlife Conservation 1620 Commission amounts equal to the difference between the amounts 1621 appropriated in chapter 2017-70, Laws of Florida, to the 1622 department’s Land Acquisition Trust Fund and the other land 1623 acquisition trust funds, and the amounts actually transferred 1624 between those trust funds during the 2017-2018 fiscal year. 1625 (4) The department may advance funds from the beginning 1626 unobligated fund balance in the Land Acquisition Trust Fund to 1627 the Land Acquisition Trust Fund within the Fish and Wildlife 1628 Conservation Commission needed for cash flow purposes based on a 1629 detailed expenditure plan. The department shall prorate amounts 1630 transferred quarterly to the Fish and Wildlife Conservation 1631 Commission to recoup the amount of funds advanced by June 30, 1632 2019. 1633 (5) This section expires July 1, 2019. 1634 Section 42. In order to implement Specific Appropriations 1635 1393A, 1393B, 1549, 1549A, 1549B, 1550A, 1681A, 1681B, 1686A, 1636 and 1802A of the 2018-2019 General Appropriations Act, the 1637 Department of Environmental Protection shall distribute any 1638 moneys transferred from the Land Acquisition Trust Fund into the 1639 Florida Forever Trust Fund using the distribution formula 1640 specified in s. 259.105(3), Florida Statutes. This section 1641 expires July 1, 2019. 1642 Section 43. In order to implement Specific Appropriation 1643 1686A of the 2018-2019 General Appropriations Act, subsection 1644 (5) is added to section 375.075, Florida Statutes, to read: 1645 375.075 Outdoor recreation; financial assistance to local 1646 governments.— 1647 (5)(a) For the 2018-2019 fiscal year: 1648 1. Notwithstanding any other provision of this section, $4 1649 million of funds for projects must be used exclusively for 1650 projects that provide recreational enhancements and 1651 opportunities for children. The department shall conduct a 1652 separate grant application process exclusively for such 1653 projects. The department shall establish the schedule for the 1654 grant application process for projects that provide publicly 1655 available recreational enhancements and opportunities for 1656 children and shall award the grants for such projects by 1657 December 31, 2018, and each year thereafter. 1658 2. Notwithstanding subsection (3), a local government may 1659 submit up to three grant applications for projects if at least 1660 one of those projects provides recreational enhancements and 1661 opportunities for children. The maximum project grant for each 1662 project application that provides recreational enhancements and 1663 opportunities for children may not exceed $250,000 in state 1664 funds, which the local government must match on a dollar-for 1665 dollar basis. 1666 (b) The selection criteria used by the department for grant 1667 applications submitted pursuant to this subsection must give 1668 priority to projects geared toward children under the age of 12, 1669 but which also provide educational opportunities and have 1670 established safety standards. The department shall give the 1671 highest priority to those project applications that further 1672 demonstrate they will serve the needs of children with unique 1673 abilities and will be accessible and usable to those with 1674 physical and developmental disabilities. All projects must be 1675 required to have playground equipment and lighting that is 1676 adequate for evening use. 1677 (c) The playground equipment should be designed in a manner 1678 to serve children under the age of 12 with unique abilities, 1679 including those with physical and developmental disabilities. 1680 The criteria must also establish a minimum lot size for such 1681 project. 1682 (d) This subsection expires July 1, 2019. 1683 Section 44. In order to implement Specific Appropriation 1684 1660 of the 2018-2019 General Appropriations Act, paragraph (r) 1685 is added to subsection (4) of section 376.3071, Florida 1686 Statutes, to read: 1687 376.3071 Inland Protection Trust Fund; creation; purposes; 1688 funding.— 1689 (4) USES.—Whenever, in its determination, incidents of 1690 inland contamination related to the storage of petroleum or 1691 petroleum products may pose a threat to the public health, 1692 safety, or welfare, water resources, or the environment, the 1693 department shall obligate moneys available in the fund to 1694 provide for: 1695 (r) Notwithstanding paragraph (j), $10 million is allocated 1696 for the 2018-2019 fiscal year for the payment of the repair or 1697 the replacement of, or other preventive measures for, storage 1698 tanks, piping, or system components. Such costs may include 1699 equipment, preventive measures, excavation, electrical work, 1700 site restoration, and maintenance protocols. Owners or operators 1701 may submit an application for funding on forms developed by the 1702 department. 1703 1. The application must include: 1704 a. An affidavit by a petroleum storage system specialty 1705 contractor and supporting documentation demonstrating that the 1706 storage tank system may have been damaged or is subject to 1707 damage by incompatibility with fuel blended with ethanol or 1708 biodiesel; 1709 b. A proposed scope of work and cost; and 1710 c. For proposals to replace tanks or piping, a statement 1711 from a certified public accountant which indicates the 1712 depreciated value of the equipment. The depreciated value is the 1713 maximum allowable replacement cost. Tanks and piping that are 20 1714 years old or older are deemed to have no replacement value. 1715 2. The department must review the application for 1716 completeness, accuracy, and reasonableness of costs and scope of 1717 work. Upon approval of an application, the department must issue 1718 a purchase order to the applicant. The department may not issue 1719 a purchase order unless funds remain for the current fiscal 1720 year. The purchase order must include a deductible of 25 percent 1721 of the total cost. Except for preventative maintenance 1722 contracts, the specified work must be substantially completed 1723 within 180 days after the date of issuance of the purchase 1724 order. 1725 3. Applications shall be funded on a first-come, first 1726 served basis. Except for preventative maintenance contracts, the 1727 specified work must be substantially completed within 180 days 1728 after the date of issuance of the purchase order. After such 1729 time, the purchase order is void. An owner or operator may not 1730 cancel a preventative maintenance contract without cause. 1731 Following submission of proof to the department that the 1732 approved scope of work; or, in the case of preventative 1733 maintenance contracts, the first service event is complete; the 1734 applicant may request payment. A petroleum storage system owner 1735 or operator may not receive more than $200,000 per fiscal year 1736 for any single facility or $500,000 per fiscal year for all the 1737 facilities it owns or operates. 1738 4. Owners or operators who have incurred costs for repair, 1739 replacement, or other preventative measures as described in this 1740 paragraph from July 1, 2015, through June 30, 2018, may apply to 1741 request payment for such costs from the department using the 1742 procedure specified in this paragraph. The department may not 1743 disburse payments for approved applications for such work until 1744 all purchase orders for previously approved applications 1745 submitted after July 1, 2018, have been paid and funds remain 1746 available for the fiscal year. Such payment is subject to a 1747 deductible of 25 percent of the approved cost. 1748 5. Payment may not be provided for: 1749 a. Any costs for which an application for repair, 1750 replacement, or preventative measures is not approved in 1751 accordance with this paragraph; 1752 b. Proposal costs or costs related to preparation of the 1753 application and required documentation; 1754 c. Costs associated with the services of a certified public 1755 accountant; 1756 d. Costs associated with storage tanks, piping, or 1757 ancillary equipment that has been previously repaired or 1758 replaced with funds that have been paid pursuant to this 1759 section; 1760 e. Facilities that are not in compliance with department 1761 storage tank rules, until the facility has been brought into 1762 compliance with such rules; or 1763 f. Costs associated with damage to petroleum storage 1764 systems caused in whole or in part by causes other than the 1765 storage of fuels blended with ethanol or biodiesel. 1766 6. This paragraph does not affect the obligations of 1767 facility owners or operators or petroleum storage system owners 1768 or operators to timely comply with department rules regarding 1769 the maintenance, replacement, and repair of petroleum storage 1770 systems in order to prevent a release or discharge of 1771 pollutants. This paragraph does not prevent the department from 1772 issuing a purchase order in accordance with this paragraph based 1773 on grounds that work had commenced before the issuance of the 1774 purchase order. 1775 7. The department shall ensure that petroleum storage 1776 systems approved after July 1, 2018, meet applicable standards 1777 for compatibility for ethanol blends, biodiesel blends, and 1778 other alternative fuels that are likely to be installed in such 1779 systems. 1780 8. This paragraph expires July 1, 2019. 1781 1782 The issuance of a site rehabilitation completion order pursuant 1783 to subsection (5) or paragraph (12)(b) for contamination 1784 eligible for programs funded by this section does not alter the 1785 project’s eligibility for state-funded remediation if the 1786 department determines that site conditions are not protective of 1787 human health under actual or proposed circumstances of exposure 1788 under subsection (5). The Inland Protection Trust Fund may be 1789 used only to fund the activities in ss. 376.30-376.317 except 1790 ss. 376.3078 and 376.3079. Amounts on deposit in the fund in 1791 each fiscal year must first be applied or allocated for the 1792 payment of amounts payable by the department pursuant to 1793 paragraph (n) under a service contract entered into by the 1794 department pursuant to s. 376.3075 and appropriated in each year 1795 by the Legislature before making or providing for other 1796 disbursements from the fund. This subsection does not authorize 1797 the use of the fund for cleanup of contamination caused 1798 primarily by a discharge of solvents as defined in s. 1799 206.9925(6), or polychlorinated biphenyls when their presence 1800 causes them to be hazardous wastes, except solvent contamination 1801 which is the result of chemical or physical breakdown of 1802 petroleum products and is otherwise eligible. Facilities used 1803 primarily for the storage of motor or diesel fuels as defined in 1804 ss. 206.01 and 206.86 are not excluded from eligibility pursuant 1805 to this section. 1806 Section 45. In order to implement Specific Appropriation 1807 582 of the 2018-2019 General Appropriations Act, section 295.23, 1808 Florida Statutes, is amended to read: 1809 295.23 Veterans research and marketing campaign.— 1810 (1) Florida Is For Veterans, Inc., may request the Florida 1811 Tourism Industry Marketing Corporation for assistance in the 1812 following research and marketing activitiesshall: 1813 (a)Provide input to Florida Is For Veterans, Inc., on1814 Research to identify the target market and the educational and 1815 employment needs of those in the target market. 1816 (b) Development and administration ofDevelop and conducta 1817 marketing campaign to encourage retired and recently separated 1818 military personnel to remain in the state or to make the state 1819 their permanent residence. 1820 (c) Development ofDevelopa process for the dissemination 1821 of information to the target market and targeting that 1822 information to the interests and needs of veterans of all ages 1823 to facilitate veterans’ knowledge of and access to benefits. 1824(2) The Florida Tourism Industry Marketing Corporation1825shall seek advice from Florida Is For Veterans, Inc., on the1826scope, process, and focus of the marketing campaign. Input must1827be received before invitations to bid, requests for proposals,1828or invitations to negotiate for contracted services are1829advertised. Florida Is For Veterans, Inc., shall be kept1830informed at each stage of the marketing campaign and may provide1831recommendations to the Florida Tourism Industry Marketing1832Corporation to ensure that the effort effectively reaches1833veterans.1834 (2)(3)For the purposes of this section, Florida Is For 1835 Veterans, Inc.,the Florida Tourism Industry Marketing1836Corporationshall expend the amount appropriated in the General 1837 Appropriations Act$1 million annuallyon marketing the state to 1838 veterans as a permanent home and on information dissemination to 1839 improve veterans’ knowledge of and access to benefitsthrough a1840combination of existing funds appropriated to the Florida1841Tourism Industry Marketing Corporation by the Legislature and1842private funds. 1843 Section 46. In order to implement Specific Appropriation 1844 582 of the 2018-2019 General Appropriations Act, paragraphs (a) 1845 and (b) of subsection (3) of section 295.21, Florida Statutes, 1846 are amended to read: 1847 295.21 Florida Is For Veterans, Inc.— 1848 (3) DUTIES.—The corporation shall: 1849 (a) Conduct research to identify the target market and the 1850 educational and employment needs of those in the target market. 1851 The corporation shall contract with at least one entity pursuant 1852 to the competitive bidding requirements in s. 287.057 and the 1853 provisions of s. 295.187 to perform the research. Such entity 1854 must have experience conducting market research on the veteran 1855 demographic. The corporation mayshallseek input from the 1856 Florida Tourism Industry Marketing Corporation on the scope, 1857 process, and focus of such research. 1858 (b) Develop and implement a marketing campaign forAdvise1859the Florida Tourism Industry Marketing Corporation, pursuant to1860s. 295.23, on:18611.the target market as identified in paragraph (a). The 18622. Development and implementation of amarketing campaign 1863 musttoencourage members of the target market to remain in the 1864 state or to make the state their permanent residence. The 1865 corporation must establish 18663.methods for disseminating information to the target 1867 market that relates to the interests and needs of veterans of 1868 all ages and facilitates veterans’ knowledge of and access to 1869 benefits. The corporation may request assistance from the 1870 Florida Tourism Industry Marketing Corporation pursuant to s. 1871 295.23. 1872 Section 47. The amendments made by this act to ss. 295.21 1873 and 295.23, Florida Statutes, expire July 1, 2019, and the text 1874 of those sections shall revert to that in existence on June 30, 1875 2018, except that any amendments to such text enacted other than 1876 by this act shall be preserved and continue to operate to the 1877 extent that such amendments are not dependent upon the portions 1878 of text which expire pursuant to this section. 1879 Section 48. In order to implement Specific Appropriation 1880 1855 of the 2018-2019 General Appropriations Act, subsection 1881 (30) of section 427.013, Florida Statutes, is amended to read: 1882 427.013 The Commission for the Transportation 1883 Disadvantaged; purpose and responsibilities.—The purpose of the 1884 commission is to accomplish the coordination of transportation 1885 services provided to the transportation disadvantaged. The goal 1886 of this coordination is to assure the cost-effective provision 1887 of transportation by qualified community transportation 1888 coordinators or transportation operators for the transportation 1889 disadvantaged without any bias or presumption in favor of 1890 multioperator systems or not-for-profit transportation operators 1891 over single operator systems or for-profit transportation 1892 operators. In carrying out this purpose, the commission shall: 1893 (30) For the 2018-20192017-2018fiscal year and 1894 notwithstanding any other provision of this section: 1895 (a) Allocate, from funds provided in the General 1896 Appropriations Act, to community transportation coordinators who 1897 operate in counties that are not direct recipients ofdo not1898receiveUrbanized Area Formula funds pursuant to 49 U.S.C. s. 1899 5307 to provide transportation services for persons with 1900 disabilities, older adults, and low-income persons so they may 1901 access health care, employment, education, and other life 1902 sustaining activities. Funds allocated for this purpose shall be 1903 distributed among community transportation coordinators based 1904 upon the Transportation Disadvantaged Trip and Equipment 1905 allocation methodology established by the commission. 1906 (b) Award, from funds provided in the General 1907 Appropriations Act, competitive grants to community 1908 transportation coordinators to support transportation projects 1909 to: 1910 1. Enhance access to health care, shopping, education, 1911 employment, public services, and recreation; 1912 2. Assist in the development, improvement, and use of 1913 transportation systems in nonurbanized areas; 1914 3. Promote the efficient coordination of services; 1915 4. Support inner-city bus transportation; and 1916 5. Encourage private transportation providers to 1917 participate. 1918 (c) This subsection expires July 1, 20192018. 1919 Section 49. In order to implement Specific Appropriation 1920 2296 of the 2018-2019 General Appropriations Act, subsections 1921 (3) and (5) of section 321.04, Florida Statutes, are amended to 1922 read: 1923 321.04 Personnel of the highway patrol; rank 1924 classifications; probationary status of new patrol officers; 1925 subsistence; special assignments.— 1926 (3)(a) The Department of Highway Safety and Motor Vehicles 1927 shall assign one patrol officer to the office of the Governor; 1928 said patrol officer so assigned shall be selected by the 1929 Governor and shall have rank and pay not less than that of a 1930 lieutenant of the Florida Highway Patrol, and said patrol 1931 officer so assigned shall be paid by said department from the 1932 appropriation made to said department; said patrol officer shall 1933 have and receive all other benefits provided for in this chapter 1934 or any other statute now in existence or hereinafter enacted. 1935 (b) For the 2018-20192017-2018fiscal year only, the 1936 patrol officer shall be assigned to the Lieutenant Governor. 1937 This paragraph expires July 1, 20192018. 1938 (5) For the 2018-20192017-2018fiscal year only, the 1939 assignment of a patrol officer by the department shall include a 1940 Cabinet member specified in s. 4, Art. IV of the State 1941 Constitution if deemed appropriate by the department or in 1942 response to a threat and upon written request of such Cabinet 1943 member. This subsection expires July 1, 20192018. 1944 Section 50. In order to implement Specific Appropriations 1945 1856 through 1869, 1875 through 1878, 1891 through 1910, and 1946 1948 through 1959 of the 2018-2019 General Appropriations Act, 1947 paragraphs (d), (e), and (f) of subsection (5) of section 1948 339.135, Florida Statutes, are amended to read: 1949 339.135 Work program; legislative budget request; 1950 definitions; preparation, adoption, execution, and amendment.— 1951 (5) ADOPTION OF THE WORK PROGRAM.— 1952 (d) It is the intent of the Legislature that the department 1953 maintain fiscal solvency and make prudent use of all available 1954 fiscal resources to minimize any project, or a phase thereof, 1955 from being deferred within the work program. It is further the 1956 intent of the Legislature that the department, to the maximum 1957 extent feasible, reduce financial projects not programmed for 1958 contract letting as identified with a work program contract 1959 class code 8 and the box code RV to add projects to the 2018 1960 20192017-2018work program which are identified by a specific 1961 appropriation in the 2018-20192017-2018General Appropriations 1962 Act. This paragraph expires July 1, 20192018. 1963 (e) For the 2018-20192017-2018fiscal year only, the 1964 department is authorized to realign budget authority among 1965 appropriation categories to support the implementation of the 1966 2018-20192017-2018General Appropriations Act. The notice, 1967 review, and objection procedures under s. 216.177 apply only 1968 when projects, or a phase thereof, are not deferred or deleted 1969 from the work program. The request to realign budget authority 1970 among work program categories must be supported by documented 1971 production and financial goals within the parameters of finance, 1972 available cash, and total authorized budget. This paragraph 1973 expires July 1, 20192018. 1974 (f) For the 2018-20192017-2018fiscal year only, if the 1975 department submits a work program amendment to realign work 1976 program categories to the 2018-20192017-2018General 1977 Appropriations Act that defers or deletes any project, or a 1978 phase thereof, the work program amendment is subject to approval 1979 by the Legislative Budget Commission. The department shall 1980 provide to the Legislative Budget Commission the documents 1981 specified in subparagraphs 1.-8. when submitting the 1982 department’s work program amendment to request approval to 1983 realign the work program appropriation categories to the 2018 1984 20192017-2018General Appropriations Act. In addition, any work 1985 program amendment submitted to the Legislative Budget Commission 1986 which results in a reduced project commitment level for the 1987 2018-20192017-2018fiscal year must include the following 1988 documents: 1989 1. A proposed finance plan, as balanced to the requested 1990 work program amendment to realign the work program categories to 1991 the 2018-20192017-2018General Appropriations Act, or any other 1992 amendments that reduce work program commitments; 1993 2. A proposed cash forecast, as balanced to the requested 1994 work program amendment to realign the work program categories to 1995 the 2018-20192017-2018General Appropriations Act, or any other 1996 amendments that reduce work program commitments; 1997 3. An adopted finance plan, as of July 1, 20182017; 1998 4. An adopted cash forecast, as of July 1, 20182017; 1999 5. A complete list of projects, or phases thereof, deferred 2000 or deleted from the impact of the projects identified by a 2001 specific appropriation in the 2018-20192017-2018General 2002 Appropriations Act for the 2018-20192017-2018through 2022-2023 20032021-2022work program; 2004 6. The department’s methodology for identifying projects, 2005 or phases thereof, for deferral or deletion for the 2018-2019 20062017-2018through 2022-20232021-2022work program; 2007 7. A letter of concurrence or nonconcurrence from the 2008 affected metropolitan planning organization or, for 2009 nonmetropolitan areas, the board of county commissioners with 2010 impacted project selections; and 2011 8. A complete list of financial projects not programmed for 2012 contract letting as identified with a work program contract 2013 class code 8 and the box code RV included in fiscal years 2018 2014 20192017-2018through 2022-20232021-2022, as of July 1, 2018 20152017. 2016 2017 This paragraph expires July 1, 20192018. 2018 Section 51. In order to implement the salaries and 2019 benefits, expenses, other personal services, contracted 2020 services, special categories, and operating capital outlay 2021 categories of the 2018-2019 General Appropriations Act, 2022 paragraph (a) of subsection (2) of section 216.292, Florida 2023 Statutes, is amended to read: 2024 216.292 Appropriations nontransferable; exceptions.— 2025 (2) The following transfers are authorized to be made by 2026 the head of each department or the Chief Justice of the Supreme 2027 Court whenever it is deemed necessary by reason of changed 2028 conditions: 2029 (a) The transfer of appropriations funded from identical 2030 funding sources, except appropriations for fixed capital outlay, 2031 and the transfer of amounts included within the total original 2032 approved budget and plans of releases of appropriations as 2033 furnished pursuant to ss. 216.181 and 216.192, as follows: 2034 1. Between categories of appropriations within a budget 2035 entity, if no category of appropriation is increased or 2036 decreased by more than 5 percent of the original approved budget 2037 or $250,000, whichever is greater, by all action taken under 2038 this subsection. 2039 2. Between budget entities within identical categories of 2040 appropriations, if no category of appropriation is increased or 2041 decreased by more than 5 percent of the original approved budget 2042 or $250,000, whichever is greater, by all action taken under 2043 this subsection. 2044 3. Any agency exceeding salary rate established pursuant to 2045 s. 216.181(8) on June 30th of any fiscal year shall not be 2046 authorized to make transfers pursuant to subparagraphs 1. and 2. 2047 in the subsequent fiscal year. 2048 4. Notice of proposed transfers under subparagraphs 1. and 2049 2. shall be provided to the Executive Office of the Governor and 2050 the chairs of the legislative appropriations committees at least 2051 3 days prior to agency implementation in order to provide an 2052 opportunity for review. The review shall be limited to ensuring 2053 that the transfer is in compliance with the requirements of this 2054 paragraph. 2055 5. For the 2018-20192017-2018fiscal year, the review 2056 shall ensure that transfers proposed pursuant to this paragraph 2057 comply with this chapter and are not contrary to legislative 2058 policy and intent. This subparagraph expires July 1, 20192018. 2059 Section 52. In order to implement the salaries and 2060 benefits, expenses, other personal services, contracted 2061 services, special categories, and operating capital outlay 2062 categories of the 2018-2019 General Appropriations Act, 2063 subsection (6) of section 112.24, Florida Statutes, is amended 2064 to read: 2065 112.24 Intergovernmental interchange of public employees. 2066 To encourage economical and effective utilization of public 2067 employees in this state, the temporary assignment of employees 2068 among agencies of government, both state and local, and 2069 including school districts and public institutions of higher 2070 education is authorized under terms and conditions set forth in 2071 this section. State agencies, municipalities, and political 2072 subdivisions are authorized to enter into employee interchange 2073 agreements with other state agencies, the Federal Government, 2074 another state, a municipality, or a political subdivision 2075 including a school district, or with a public institution of 2076 higher education. State agencies are also authorized to enter 2077 into employee interchange agreements with private institutions 2078 of higher education and other nonprofit organizations under the 2079 terms and conditions provided in this section. In addition, the 2080 Governor or the Governor and Cabinet may enter into employee 2081 interchange agreements with a state agency, the Federal 2082 Government, another state, a municipality, or a political 2083 subdivision including a school district, or with a public 2084 institution of higher learning to fill, subject to the 2085 requirements of chapter 20, appointive offices which are within 2086 the executive branch of government and which are filled by 2087 appointment by the Governor or the Governor and Cabinet. Under 2088 no circumstances shall employee interchange agreements be 2089 utilized for the purpose of assigning individuals to participate 2090 in political campaigns. Duties and responsibilities of 2091 interchange employees shall be limited to the mission and goals 2092 of the agencies of government. 2093 (6) For the 2018-20192017-2018fiscal year only, the 2094 assignment of an employee of a state agency as provided in this 2095 section may be made if recommended by the Governor or Chief 2096 Justice, as appropriate, and approved by the chairs of the 2097 legislative appropriations committees. Such actions shall be 2098 deemed approved if neither chair provides written notice of 2099 objection within 14 days after receiving notice of the action 2100 pursuant to s. 216.177. This subsection expires July 1, 2019 21012018. 2102 Section 53. In order to implement Specific Appropriations 2103 2670 and 2671 of the 2018-2019 General Appropriations Act, and 2104 notwithstanding s. 11.13(1), Florida Statutes, the authorized 2105 salaries for members of the Legislature for the 2018-2019 fiscal 2106 year shall be set at the same level in effect on July 1, 2010. 2107 This section expires July 1, 2019. 2108 Section 54. In order to implement the transfer of funds to 2109 the General Revenue Fund from trust funds for the 2018-2019 2110 General Appropriations Act, paragraph (b) of subsection (2) of 2111 section 215.32, Florida Statutes, is reenacted to read: 2112 215.32 State funds; segregation.— 2113 (2) The source and use of each of these funds shall be as 2114 follows: 2115 (b)1. The trust funds shall consist of moneys received by 2116 the state which under law or under trust agreement are 2117 segregated for a purpose authorized by law. The state agency or 2118 branch of state government receiving or collecting such moneys 2119 is responsible for their proper expenditure as provided by law. 2120 Upon the request of the state agency or branch of state 2121 government responsible for the administration of the trust fund, 2122 the Chief Financial Officer may establish accounts within the 2123 trust fund at a level considered necessary for proper 2124 accountability. Once an account is established, the Chief 2125 Financial Officer may authorize payment from that account only 2126 upon determining that there is sufficient cash and releases at 2127 the level of the account. 2128 2. In addition to other trust funds created by law, to the 2129 extent possible, each agency shall use the following trust funds 2130 as described in this subparagraph for day-to-day operations: 2131 a. Operations or operating trust fund, for use as a 2132 depository for funds to be used for program operations funded by 2133 program revenues, with the exception of administrative 2134 activities when the operations or operating trust fund is a 2135 proprietary fund. 2136 b. Operations and maintenance trust fund, for use as a 2137 depository for client services funded by third-party payors. 2138 c. Administrative trust fund, for use as a depository for 2139 funds to be used for management activities that are departmental 2140 in nature and funded by indirect cost earnings and assessments 2141 against trust funds. Proprietary funds are excluded from the 2142 requirement of using an administrative trust fund. 2143 d. Grants and donations trust fund, for use as a depository 2144 for funds to be used for allowable grant or donor agreement 2145 activities funded by restricted contractual revenue from private 2146 and public nonfederal sources. 2147 e. Agency working capital trust fund, for use as a 2148 depository for funds to be used pursuant to s. 216.272. 2149 f. Clearing funds trust fund, for use as a depository for 2150 funds to account for collections pending distribution to lawful 2151 recipients. 2152 g. Federal grant trust fund, for use as a depository for 2153 funds to be used for allowable grant activities funded by 2154 restricted program revenues from federal sources. 2155 2156 To the extent possible, each agency must adjust its internal 2157 accounting to use existing trust funds consistent with the 2158 requirements of this subparagraph. If an agency does not have 2159 trust funds listed in this subparagraph and cannot make such 2160 adjustment, the agency must recommend the creation of the 2161 necessary trust funds to the Legislature no later than the next 2162 scheduled review of the agency’s trust funds pursuant to s. 2163 215.3206. 2164 3. All such moneys are hereby appropriated to be expended 2165 in accordance with the law or trust agreement under which they 2166 were received, subject always to the provisions of chapter 216 2167 relating to the appropriation of funds and to the applicable 2168 laws relating to the deposit or expenditure of moneys in the 2169 State Treasury. 2170 4.a. Notwithstanding any provision of law restricting the 2171 use of trust funds to specific purposes, unappropriated cash 2172 balances from selected trust funds may be authorized by the 2173 Legislature for transfer to the Budget Stabilization Fund and 2174 General Revenue Fund in the General Appropriations Act. 2175 b. This subparagraph does not apply to trust funds required 2176 by federal programs or mandates; trust funds established for 2177 bond covenants, indentures, or resolutions whose revenues are 2178 legally pledged by the state or public body to meet debt service 2179 or other financial requirements of any debt obligations of the 2180 state or any public body; the Division of Licensing Trust Fund 2181 in the Department of Agriculture and Consumer Services; the 2182 State Transportation Trust Fund; the trust fund containing the 2183 net annual proceeds from the Florida Education Lotteries; the 2184 Florida Retirement System Trust Fund; trust funds under the 2185 management of the State Board of Education or the Board of 2186 Governors of the State University System, where such trust funds 2187 are for auxiliary enterprises, self-insurance, and contracts, 2188 grants, and donations, as those terms are defined by general 2189 law; trust funds that serve as clearing funds or accounts for 2190 the Chief Financial Officer or state agencies; trust funds that 2191 account for assets held by the state in a trustee capacity as an 2192 agent or fiduciary for individuals, private organizations, or 2193 other governmental units; and other trust funds authorized by 2194 the State Constitution. 2195 Section 55. The amendment to s. 215.32(2)(b), Florida 2196 Statutes, as carried forward by this act from chapter 2011-47, 2197 Laws of Florida, expires July 1, 2019, and the text of that 2198 paragraph shall revert to that in existence on June 30, 2011, 2199 except that any amendments to such text enacted other than by 2200 this act and chapter 2011-47, Laws of Florida, shall be 2201 preserved and continue to operate to the extent that such 2202 amendments are not dependent upon the portions of text which 2203 expire pursuant to this section. 2204 Section 56. In order to implement the appropriation of 2205 funds in the special categories, contracted services, and 2206 expenses categories of the 2018-2019 General Appropriations Act, 2207 a state agency may not enter into a contract containing a 2208 nondisclosure clause that prohibits the contractor from 2209 disclosing information relevant to the performance of the 2210 contract to members or staff of the Senate or the House of 2211 Representatives. This section expires July 1, 2019. 2212 Section 57. Any section of this act which implements a 2213 specific appropriation or specifically identified proviso 2214 language in the 2018-2019 General Appropriations Act is void if 2215 the specific appropriation or specifically identified proviso 2216 language is vetoed. Any section of this act which implements 2217 more than one specific appropriation or more than one portion of 2218 specifically identified proviso language in the 2018-2019 2219 General Appropriations Act is void if all the specific 2220 appropriations or portions of specifically identified proviso 2221 language are vetoed. 2222 Section 58. If any other act passed during the 2018 Regular 2223 Session of the Legislature contains a provision that is 2224 substantively the same as a provision in this act, but that 2225 removes or is otherwise not subject to the future repeal applied 2226 to such provision by this act, the Legislature intends that the 2227 provision in the other act takes precedence and continues to 2228 operate, notwithstanding the future repeal provided by this act. 2229 Section 59. If any provision of this act or its application 2230 to any person or circumstance is held invalid, the invalidity 2231 does not affect other provisions or applications of the act 2232 which can be given effect without the invalid provision or 2233 application, and to this end the provisions of this act are 2234 severable. 2235 Section 60. Except as otherwise expressly provided in this 2236 act and except for this section, which shall take effect upon 2237 this act becoming a law, this act shall take effect July 1, 2238 2018; or, if this act fails to become a law until after that 2239 date, it shall take effect upon becoming a law and shall operate 2240 retroactively to July 1, 2018.