Bill Text: FL S2502 | 2019 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementing the 2019-2020 General Appropriations Act
Spectrum: Committee Bill
Status: (Passed) 2019-06-24 - Chapter No. 2019-116, companion bill(s) passed, see HB 5301 (Ch. 2019-118), CS/HB 7099 (Ch. 2019-142), CS/SB 190 (Ch. 2019-103), SB 2500 (Ch. 2019-115) [S2502 Detail]
Download: Florida-2019-S2502-Engrossed.html
Bill Title: Implementing the 2019-2020 General Appropriations Act
Spectrum: Committee Bill
Status: (Passed) 2019-06-24 - Chapter No. 2019-116, companion bill(s) passed, see HB 5301 (Ch. 2019-118), CS/HB 7099 (Ch. 2019-142), CS/SB 190 (Ch. 2019-103), SB 2500 (Ch. 2019-115) [S2502 Detail]
Download: Florida-2019-S2502-Engrossed.html
SB 2502 First Engrossed
20192502e1
1 A bill to be entitled
2 An act implementing the 2019-2020 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. 1001.292, F.S.; deleting a provision
9 providing for the carrying forward of undisbursed
10 funds allocated for the Schools of Hope Revolving Loan
11 Program; amending s. 1002.333, F.S.; deleting the
12 authorization for a traditional public school to
13 receive funds from the Schools of Hope Program;
14 deleting a requirement for the State Board of
15 Education to provide awards and annually report
16 certain information; deleting a provision providing
17 for the carrying forward of undisbursed funds
18 allocated for the Schools of Hope Program; providing
19 for the expiration and reversion of specified
20 statutory text; creating part VII of ch. 1003, F.S.,
21 consisting of s. 1003.64, F.S., entitled “Public
22 School Innovation”; providing legislative intent;
23 creating the Community School Grant Program within the
24 Department of Education; providing the purpose of the
25 program; defining terms; specifying criteria for a
26 community school; requiring community schools to
27 designate a community school program director;
28 providing duties of community school program
29 directors; establishing the Center for Community
30 Schools within the University of Central Florida;
31 requiring that the center be headed by a director, and
32 providing duties thereof; prescribing reporting
33 requirements as to community school program directors,
34 the center director, and the Commissioner of
35 Education, respectively; amending s. 1008.33, F.S.;
36 modifying components of a district-managed turnaround
37 plan; providing for the expiration and reversion of
38 specified statutory text; amending s. 1009.215, F.S.;
39 revising the academic terms in which certain students
40 are eligible to receive Bright Futures Scholarships;
41 providing that such students may receive scholarships
42 for the fall term for specified coursework under
43 certain circumstances; providing for the expiration
44 and reversion of specified statutory text; amending s.
45 1011.62, F.S.; modifying the manner by which the
46 virtual education contribution is calculated; removing
47 a requirement that the total allocation for the
48 federally connected student supplement be prorated
49 under certain circumstances; revising the distribution
50 formula for a certain portion of the safe schools
51 allocation; deleting obsolete language; extending for
52 1 fiscal year provisions governing the funding
53 compression allocation; creating the Florida Best and
54 Brightest Teacher and Principal Allocation; specifying
55 the purpose of the allocation; specifying the manner
56 by which funding is provided for the allocation;
57 prescribing award amounts; creating the turnaround
58 school supplemental services allocation; specifying
59 the purpose of the allocation; specifying types of
60 services that may be funded from the allocation;
61 requiring a school district to develop and submit a
62 plan to its school board before distribution of the
63 allocation; prescribing minimum requirements of the
64 school district’s plan; requiring each school district
65 to annually submit approved plans to the Commissioner
66 of Education by a specified date; specifying the basis
67 for each school district’s funding allocation;
68 providing for a school’s continued eligibility for
69 funding; providing for the expiration and reversion of
70 specified statutory text; amending s. 1011.80, F.S.;
71 removing a limitation on the maximum amount of funding
72 that may be appropriated for performance funding
73 relating to funds for the operation of workforce
74 education programs; amending s. 1011.81, F.S.;
75 removing a limitation on the maximum amount of funding
76 that may be appropriated for performance funding
77 relating to industry certifications for Florida
78 College System institutions; providing for the
79 expiration and reversion of specified statutory text;
80 amending s. 1012.731, F.S.; renaming the Florida Best
81 and Brightest Teacher Scholarship Program as the
82 Florida Best and Brightest Teacher Program; revising
83 legislative intent relating to the program; deleting
84 authority for the Department of Education to
85 administer the program; specifying the funding source
86 for the program; providing for recruitment, retention,
87 and bonus awards; providing eligibility requirements;
88 deleting a requirement for school districts to submit
89 certain information to the department; deleting a
90 requirement for the department to disburse scholarship
91 funds to certain school districts; deleting a
92 requirement that school districts award specified
93 scholarships; deleting a definition; amending s.
94 1012.732, F.S.; renaming the Florida Best and
95 Brightest Principal Scholarship Program as the Florida
96 Best and Brightest Principal Program; revising
97 legislative intent relating to the program; deleting
98 authority for the Department of Education to
99 administer the program; specifying the funding source
100 for the program; providing eligibility requirements;
101 deleting a requirement for the department to identify
102 eligible school principals and disburse funds;
103 deleting a requirement for school districts to award
104 scholarships to specified school principals; deleting
105 a requirement for school districts to provide certain
106 principals with additional authority and
107 responsibilities; deleting a definition; providing for
108 the expiration and reversion of specified statutory
109 text; amending s. 1013.62, F.S.; revising the manner
110 by which charter schools capital outlay funding is
111 appropriated; providing for the expiration and
112 reversion of specified statutory text; incorporating
113 by reference certain calculations for the Medicaid
114 Disproportionate Share Hospital program; authorizing
115 the Agency for Health Care Administration, in
116 consultation with the Department of Health, to submit
117 a budget amendment to realign funding for a component
118 of the Children’s Medical Services program to reflect
119 actual enrollment changes; specifying requirements for
120 such realignment; authorizing the agency to request
121 nonoperating budget authority for transferring certain
122 federal funds to the Department of Health; reenacting
123 s. 409.908(23), F.S., relating to the reimbursement of
124 Medicaid providers; providing for the future
125 expiration and reversion of specified statutory text;
126 requiring the Agency for Health Care Administration to
127 seek authorization from the federal Centers for
128 Medicare and Medicaid Services to eliminate the
129 Medicaid retroactive eligibility period to ensure that
130 the elimination becomes effective by a certain date;
131 requiring the agency, by a certain date, in
132 consultation with the Department of Children and
133 Families and certain other entities, to submit a
134 certain report to the Governor and the Legislature;
135 specifying requirements for the report; amending s.
136 893.055, F.S.; extending for 1 fiscal year a provision
137 prohibiting the Attorney General and the Department of
138 Health from using certain settlement agreement funds
139 to administer the prescription drug monitoring
140 program; amending s. 409.911, F.S.; updating the
141 average of audited disproportionate share data for
142 purposes of calculating disproportionate share
143 payments; extending for 1 fiscal year the requirement
144 that the Agency for Health Care Administration
145 distribute moneys to hospitals that provide a
146 disproportionate share of Medicaid or charity care
147 services, as provided in the General Appropriations
148 Act; amending s. 409.9113, F.S.; extending for 1
149 fiscal year the requirement that the Agency for Health
150 Care Administration make disproportionate share
151 payments to teaching hospitals as provided in the
152 General Appropriations Act; amending s. 409.9119,
153 F.S.; extending for 1 fiscal year the requirement that
154 the Agency for Health Care Administration make
155 disproportionate share payments to certain specialty
156 hospitals for children; authorizing the Agency for
157 Health Care Administration to submit a budget
158 amendment to realign Medicaid funding for specified
159 purposes, subject to certain limitations; amending s.
160 381.986, F.S.; extending for 1 fiscal year an
161 exemption from legislative rule ratification
162 requirements for rules pertaining to the medical use
163 of marijuana; amending s. 381.988, F.S.; extending for
164 1 fiscal year an exemption from legislative rule
165 ratification requirements for rules pertaining to
166 medical marijuana testing laboratories; amending s.
167 383.14, F.S.; requiring the Department of Health to
168 integrate screening for spinal muscular atrophy into
169 the newborn screening testing panel; amending s. 28,
170 ch. 2016-65, Laws of Florida; authorizing the
171 contracted not-for-profit organization providing
172 elderly services in Northeast Florida to serve
173 individuals in additional counties; authorizing the
174 Department of Children and Families to submit a budget
175 amendment to realign funding for implementation of the
176 Guardianship Assistance Program; requiring the
177 Department of Children and Families to establish a
178 formula for the distribution of funds to implement the
179 Guardianship Assistance Program; amending s. 409.991,
180 F.S.; redefining the term “core services funds” to
181 include funds appropriated for the Guardianship
182 Assistance Program; amending s. 296.37, F.S.;
183 extending for 1 fiscal year a provision specifying the
184 monthly contribution to residents of a state veterans’
185 nursing home; creating the Task Force on the Criminal
186 Punishment Code adjunct to the Department of Legal
187 Affairs; providing a legislative finding; specifying
188 the task force’s purpose; requiring that the task
189 force analyze best practices; providing for membership
190 of the task force and the filling of any vacancies;
191 providing meeting requirements; providing for staff
192 support; requiring specified governmental entities to
193 provide certain information and support services upon
194 request of the Attorney General; providing for
195 reimbursement of per diem and travel expenses;
196 prescribing reporting requirements; providing for
197 dissolution of the task force; amending s. 216.262,
198 F.S.; extending for 1 fiscal year the authority of the
199 Department of Corrections to submit a budget amendment
200 for additional positions and appropriations under
201 certain circumstances; amending s. 215.18, F.S.;
202 extending for 1 fiscal year the authority and related
203 repayment requirements for temporary trust fund loans
204 to the state court system which are sufficient to meet
205 the system’s appropriation; requiring the Department
206 of Juvenile Justice to review county juvenile
207 detention payments to determine whether a county has
208 met specified financial responsibilities; requiring
209 amounts owed by the county for such financial
210 responsibilities to be deducted from certain county
211 funds; requiring the Department of Revenue to transfer
212 withheld funds to a specified trust fund; requiring
213 the Department of Revenue to ensure that such
214 reductions in amounts distributed do not reduce
215 distributions below amounts necessary for certain
216 payments due on bonds and to comply with bond
217 covenants; requiring the Department of Revenue to
218 notify the Department of Juvenile Justice if bond
219 payment requirements mandate a reduction in deductions
220 for amounts owed by a county; prohibiting the
221 Department of Juvenile Justice from providing to
222 certain nonfiscally constrained counties
223 reimbursements or credits against identified juvenile
224 detention center costs under specified circumstances;
225 prohibiting a nonfiscally constrained county from
226 applying, deducting, or receiving such reimbursements
227 or credits; amending s. 27.40, F.S.; revising
228 conditions under which the office of criminal conflict
229 and civil regional counsel may be appointed to
230 represent certain persons; revising circumstances
231 under which private counsel may be appointed; making a
232 conforming change; requiring inclusion of a specified
233 statement on uniform contracts and forms used for
234 private court-appointed counsel; modifying
235 requirements for the notice of appearance filed by a
236 court-appointed attorney; modifying conditions under
237 which a private attorney is entitled to payment;
238 providing that the flat fee for compensation of
239 private court-appointed counsel is presumed to be
240 sufficient; providing that certain records and
241 documents maintained by the court-appointed attorney
242 are subject to audit by the Auditor General; requiring
243 the Justice Administrative Commission to review such
244 records and documents before authorizing payment to
245 the court-appointed attorney; providing a rebuttable
246 presumption for certain objections made by or on
247 behalf of the Justice Administrative Commission;
248 revising the presumption in favor of the commission
249 regarding a court-appointed attorney’s waiver of the
250 right to seek compensation in excess of the flat fee;
251 providing for the expiration and reversion of
252 specified statutory text; amending s. 27.5304, F.S.;
253 providing a rebuttable presumption for certain
254 objections made by or on behalf of the Justice
255 Administrative Commission at the evidentiary hearing
256 regarding the private court-appointed counsel’s
257 compensation; increasing the length of time before the
258 hearing that certain documents must be served on the
259 commission; authorizing the commission to appear in
260 person or telephonically at such hearing; establishing
261 certain limitations on compensation for private court
262 appointed counsel for the 2019-2020 fiscal year;
263 conforming provisions to changes made by the act;
264 providing for the expiration and reversion of
265 specified statutory text; specifying that clerks of
266 the circuit court are responsible for certain costs
267 related to juries which exceed a certain funding
268 level; reenacting s. 318.18(19)(c), F.S., relating to
269 penalty amounts for traffic infractions; extending for
270 1 fiscal year the redirection of revenues from the
271 Public Defenders Revenue Trust Fund to the Indigent
272 Criminal Defense Trust Fund; reenacting s.
273 817.568(12)(b), F.S., relating to the criminal use of
274 personal identification information; extending for 1
275 fiscal year the redirection of revenues from the
276 Public Defenders Revenue Trust Fund to the Indigent
277 Criminal Defense Trust Fund; providing for the
278 expiration and reversion of specified statutory text;
279 authorizing a Supreme Court Justice to designate an
280 alternate facility as his or her official headquarters
281 for purposes of travel reimbursement; specifying
282 expenses for which a justice may be reimbursed;
283 requiring the Chief Justice to coordinate with an
284 affected justice and other appropriate officials with
285 respect to implementation; providing construction;
286 prohibiting the Supreme Court from using state funds
287 to lease space in an alternate facility for use as a
288 justice’s official headquarters; requiring the
289 Department of Management Services to use tenant broker
290 services to renegotiate or reprocure certain private
291 lease agreements for office or storage space;
292 requiring the Department of Management Services to
293 provide a report to the Governor and Legislature by a
294 specified date; specifying the amount of the
295 transaction fee to be collected for use of the online
296 procurement system; prohibiting an agency from
297 transferring funds from a data processing category to
298 another category that is not a data processing
299 category; authorizing the Executive Office of the
300 Governor to transfer funds appropriated for data
301 processing assessment between departments for a
302 specified purpose; authorizing the Executive Office of
303 the Governor to transfer funds between departments for
304 purposes of aligning amounts paid for risk management
305 insurance and for human resources services; requiring
306 the Department of Financial Services to replace
307 specified components of the Florida Accounting
308 Information Resource Subsystem (FLAIR) and the Cash
309 Management Subsystem (CMS); specifying certain actions
310 to be taken by the Department of Financial Services
311 regarding FLAIR and CMS replacement; providing for the
312 composition of an executive steering committee to
313 oversee FLAIR and CMS replacement; prescribing duties
314 and responsibilities of the executive steering
315 committee; transferring specified entities within the
316 Agency for State Technology to the Department of
317 Management Services by a type two transfer; amending
318 s. 112.061, F.S.; authorizing the Lieutenant Governor
319 to designate an alternative official headquarters if
320 certain conditions are met; specifying restrictions
321 and limitations; specifying eligibility for the
322 subsistence allowance and the reimbursement of
323 transportation expenses, and providing for the payment
324 thereof; amending s. 20.22, F.S.; extending for 1
325 fiscal year a provision requiring the Department of
326 Management Services to provide certain financial
327 management oversight to the Agency for State
328 Technology; amending s. 20.255, F.S.; extending for 1
329 fiscal year a provision designating the Department of
330 Environmental Protection as the lead executive branch
331 agency regarding geospatial data; amending s. 20.61,
332 F.S.; providing exceptions to the requirement that the
333 Agency for State Technology is not subject to control,
334 supervision, or direction by the Department of
335 Management Services; prescribing duties and
336 responsibilities of the agency’s strategic planning
337 coordinators; providing qualifications for the chief
338 data center operations officer; removing the position
339 of chief technology officer; providing for the
340 expiration and reversion of specified statutory text;
341 reenacting s. 282.0041(5), (20), and (28), F.S.,
342 relating to definitions for ch. 282, F.S.; reenacting
343 s. 282.0051(11), F.S., relating to the powers, duties,
344 and functions of the Agency for State Technology;
345 reenacting s. 282.201(2)(d), F.S., relating to the
346 state data center; providing for the expiration and
347 reversion of specified statutory text; amending s.
348 409.2567, F.S.; modifying the federally required
349 application fee for public assistance to conform to
350 federal law; providing for the expiration and
351 reversion of specified statutory text; amending s.
352 216.181, F.S.; extending for 1 fiscal year the
353 authority for the Legislative Budget Commission to
354 increase amounts appropriated to the Fish and Wildlife
355 Conservation Commission or the Department of
356 Environmental Protection for certain fixed capital
357 outlay projects from specified sources; amending s.
358 215.18, F.S.; extending for 1 fiscal year the
359 authority of the Governor, if there is a specified
360 temporary deficiency in a land acquisition trust fund
361 in the Department of Agriculture and Consumer
362 Services, the Department of Environmental Protection,
363 the Department of State, or the Fish and Wildlife
364 Conservation Commission, to transfer funds from other
365 trust funds in the State Treasury as a temporary loan
366 to such trust fund; providing a deadline for the
367 repayment of a temporary loan; requiring the
368 Department of Environmental Protection to transfer
369 designated proportions of the revenues deposited in
370 the Land Acquisition Trust Fund within the department
371 to land acquisition trust funds in the Department of
372 Agriculture and Consumer Services, the Department of
373 State, and the Fish and Wildlife Conservation
374 Commission according to specified parameters and
375 calculations; defining the term “department”;
376 requiring the Department of Environmental Protection
377 to retain a proportionate share of revenues;
378 specifying a limit on distributions; requiring the
379 Department of Environmental Protection to make
380 transfers to land acquisition trust funds; specifying
381 the method of determining transfer amounts;
382 authorizing the Department of Environmental Protection
383 to advance funds from its land acquisition trust fund
384 to the Fish and Wildlife Conservation Commission’s
385 land acquisition trust fund for specified purposes;
386 requiring the Department of Environmental Protection
387 to prorate amounts transferred to the Fish and
388 Wildlife Conservation Commission; reenacting s.
389 373.470(6)(a), F.S., relating to Everglades
390 restoration; extending for 1 fiscal year a provision
391 regarding Save Our Everglades Trust Fund distributions
392 to the South Florida Water Management District;
393 providing for the expiration and reversion of
394 specified statutory text; amending s. 216.181, F.S.;
395 authorizing the Legislative Budget Commission to
396 increase amounts appropriated to the Department of
397 Environmental Protection for fixed capital outlay
398 projects using specified funds; specifying additional
399 information to be included in budget amendments for
400 projects requiring additional funding; amending s.
401 259.105, F.S.; providing for the distribution of
402 proceeds from the Florida Forever Trust Fund for the
403 2019-2020 fiscal year; amending s. 206.9935, F.S.;
404 providing for the transfer of a specified sum from the
405 Inland Protection Trust Fund to the Water Protection
406 and Sustainability Program Trust Fund for certain
407 purposes; amending s. 373.707, F.S.; requiring water
408 management districts and basin boards to match certain
409 state funds allocated for alternative water supply
410 projects; deleting a provision requiring a water
411 management district to include certain information in
412 its budget submission; providing for the expiration
413 and reversion of specified statutory text; amending s.
414 321.04, F.S.; requiring the Department of Highway
415 Safety and Motor Vehicles to assign one or more patrol
416 officers to the office of Lieutenant Governor for
417 security purposes, upon request of the Governor;
418 extending for 1 fiscal year the requirement that the
419 Department of Highway Safety and Motor Vehicles assign
420 a patrol officer to a Cabinet member under certain
421 circumstances; amending s. 420.9079, F.S.; authorizing
422 funds in the Local Government Housing Trust Fund to be
423 used as provided in the General Appropriations Act;
424 amending s. 420.0005, F.S.; authorizing certain funds
425 related to state housing to be used as provided in the
426 General Appropriations Act; amending s. 339.135, F.S.;
427 authorizing the chair and vice chair of the
428 Legislative Budget Commission to approve the
429 Department of Transportation’s budget amendment under
430 specified circumstances; amending s. 339.2818, F.S.;
431 authorizing certain counties and municipalities to
432 compete for additional funds for specified purposes
433 related to Hurricane Michael recovery; amending s.
434 216.292, F.S.; extending for 1 fiscal year a provision
435 prescribing requirements for the review of certain
436 transfers of appropriations; requiring the Department
437 of Management Services to maintain and offer the same
438 health insurance options for participants of the State
439 Group Health Insurance Program for the 2019-2020
440 fiscal year as for the preceding fiscal year;
441 prohibiting a state agency from initiating a
442 competitive solicitation for a product or service
443 under certain circumstances; providing an exception;
444 amending s. 112.24, F.S.; extending for 1 fiscal year
445 the authorization, subject to specified requirements,
446 for the assignment of an employee of a state agency
447 under an employee interchange agreement; providing
448 that the annual salaries of the members of the
449 Legislature be maintained at a specified level;
450 reenacting s. 215.32(2)(b), F.S., relating to the
451 source and use of certain trust funds; providing for
452 the future expiration and reversion of statutory text;
453 limiting the use of travel funds to activities that
454 are critical to an agency’s mission; providing
455 exceptions; prohibiting state agencies from entering
456 into contracts containing certain nondisclosure
457 agreements; providing conditions under which the veto
458 of certain appropriations or proviso language in the
459 General Appropriations Act voids language that
460 implements such appropriation; providing for the
461 continued operation of certain provisions
462 notwithstanding a future repeal or expiration provided
463 by the act; providing severability; providing
464 effective dates.
465
466 Be It Enacted by the Legislature of the State of Florida:
467
468 Section 1. It is the intent of the Legislature that the
469 implementing and administering provisions of this act apply to
470 the General Appropriations Act for the 2019-2020 fiscal year.
471 Section 2. In order to implement Specific Appropriations 6,
472 7, 8, 93, and 94 of the 2019-2020 General Appropriations Act,
473 the calculations of the Florida Education Finance Program for
474 the 2019-2020 fiscal year included in the document titled
475 “Public School Funding: The Florida Education Finance Program,”
476 dated April 3, 2019, and filed with the Secretary of the Senate,
477 are incorporated by reference for the purpose of displaying the
478 calculations used by the Legislature, consistent with the
479 requirements of state law, in making appropriations for the
480 Florida Education Finance Program. This section expires July 1,
481 2020.
482 Section 3. In order to implement Specific Appropriations 6
483 and 93 of the 2019-2020 General Appropriations Act, and
484 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
485 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
486 expenditure of funds provided for instructional materials, for
487 the 2019-2020 fiscal year, funds provided for instructional
488 materials shall be released and expended as required in the
489 proviso language for Specific Appropriation 93 of the 2019-2020
490 General Appropriations Act. This section expires July 1, 2020.
491 Section 4. In order to implement Specific Appropriations 6,
492 93, and 112 and sections 14 and 15 of the 2019-2020 General
493 Appropriations Act, subsection (8) of section 1001.292, Florida
494 Statutes, is amended to read:
495 1001.292 Schools of Hope Revolving Loan Program.—
496 (8) Notwithstanding s. 216.301 and pursuant to s. 216.351,
497 funds allocated for this purpose which are not disbursed by June
498 30 of the fiscal year in which the funds are allocated may be
499 carried forward for up to 5 years after the effective date of
500 the original appropriation.
501 Section 5. In order to implement Specific Appropriations 6
502 and 93 of the 2019-2020 General Appropriations Act, subsection
503 (10) of section 1002.333, Florida Statutes, is amended to read:
504 1002.333 Persistently low-performing schools.—
505 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
506 is created within the Department of Education.
507 (a) A school of hope is eligible to receive funds from the
508 Schools of Hope Program for the following expenditures:
509 (a)1. Preparing teachers, school leaders, and specialized
510 instructional support personnel, including costs associated
511 with:
512 1.a. Providing professional development.
513 2.b. Hiring and compensating teachers, school leaders, and
514 specialized instructional support personnel for services beyond
515 the school day and year.
516 (b)2. Acquiring supplies, training, equipment, and
517 educational materials, including developing and acquiring
518 instructional materials.
519 (c)3. Providing one-time startup costs associated with
520 providing transportation to students to and from the charter
521 school.
522 (d)4. Carrying out community engagement activities, which
523 may include paying the cost of student and staff recruitment.
524 (e)5. Providing funds to cover the nonvoted ad valorem
525 millage that would otherwise be required for schools and the
526 required local effort funds calculated pursuant to s. 1011.62
527 when the state board enters into an agreement with a hope
528 operator pursuant to subsection (5).
529 (b) A traditional public school that is required to submit
530 a plan for implementation pursuant to s. 1008.33(4) is eligible
531 to receive up to $2,000 per full-time equivalent student from
532 the Schools of Hope Program based upon the strength of the
533 school’s plan for implementation and its focus on evidence-based
534 interventions that lead to student success by providing wrap
535 around services that leverage community assets, improve school
536 and community collaboration, and develop family and community
537 partnerships. Wrap-around services include, but are not limited
538 to, tutorial and after-school programs, student counseling,
539 nutrition education, parental counseling, and adult education.
540 Plans for implementation may also include models that develop a
541 culture of attending college, high academic expectations,
542 character development, dress codes, and an extended school day
543 and school year. At a minimum, a plan for implementation must:
544 1. Establish wrap-around services that develop family and
545 community partnerships.
546 2. Establish clearly defined and measurable high academic
547 and character standards.
548 3. Increase parental involvement and engagement in the
549 child’s education.
550 4. Describe how the school district will identify, recruit,
551 retain, and reward instructional personnel. The state board may
552 waive the requirements of s. 1012.22(1)(c)5., and suspend the
553 requirements of s. 1012.34, to facilitate implementation of the
554 plan.
555 5. Identify a knowledge-rich curriculum that the school
556 will use that focuses on developing a student’s background
557 knowledge.
558 6. Provide professional development that focuses on
559 academic rigor, direct instruction, and creating high academic
560 and character standards.
561 (c) The state board shall:
562 1. Provide awards for up to 25 schools and prioritize
563 awards for plans submitted pursuant to paragraph (b) that are
564 based on whole school transformation and that are developed in
565 consultation with the school’s principal.
566 2. Annually report on the implementation of this subsection
567 in the report required by s. 1008.345(5), and provide summarized
568 academic performance reports of each traditional public school
569 receiving funds.
570 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
571 funds allocated for the purpose of this subsection which are not
572 disbursed by June 30 of the fiscal year in which the funds are
573 allocated may be carried forward for up to 5 years after the
574 effective date of the original appropriation.
575 Section 6. The amendments to ss. 1001.292(8) and
576 1002.333(10), Florida Statutes, by this act, expire July 1,
577 2020, and the text of those subsections shall revert to that in
578 existence on June 30, 2019, except that any amendments to such
579 text enacted other than by this act shall be preserved and
580 continue to operate to the extent that such amendments are not
581 dependent upon the portions of text which expire pursuant to
582 this section.
583 Section 7. In order to implement Specific Appropriation
584 112A of the 2019-2020 General Appropriations Act, part VII of
585 chapter 1003, Florida Statutes, consisting of section 1003.64,
586 Florida Statutes, is created and entitled “Public School
587 Innovation.”
588 1003.64 Community School Grant Program.—It is the intent of
589 the Legislature to improve student success and well-being by
590 engaging and supporting parents and community organizations in
591 their efforts to positively impact student learning and
592 development.
593 (1) PURPOSE.—The Community School Grant Program is
594 established within the Department of Education to fund and
595 support the planning and implementation of community school
596 programs, subject to legislative appropriation.
597 (2) DEFINITIONS.—As used in this section, the term:
598 (a) “Center for Community Schools” means the center
599 established within the University of Central Florida.
600 (b) “Community organization” means a nonprofit organization
601 that has been in existence for at least 3 years and serves
602 individuals within the county in which a community school is
603 located.
604 (3) COMMUNITY SCHOOL.—
605 (a) A community school is a public school that receives a
606 grant under this section and partners with a community
607 organization, a university or college, and a health care
608 provider, to implement programs beyond the standard hours of
609 instruction which may include, but are not limited to, student
610 enrichment activities such as job training, internship
611 opportunities, and career counseling services; wellness
612 services; and family engagement programs.
613 (b) Each community school must designate a person of its
614 choosing as the community school program director. A community
615 school program director shall coordinate with the partners
616 specified under paragraph (a) to:
617 1. Facilitate the implementation of a community school
618 program.
619 2. Comply with the reporting requirements under paragraph
620 (5)(a).
621 (4) CENTER FOR COMMUNITY SCHOOLS.—The Center for Community
622 Schools is established within the University of Central Florida.
623 A center director shall head the Center for Community Schools.
624 At a minimum, the center director shall:
625 (a) Disseminate information about community schools to
626 community organizations; district school boards; state
627 universities and Florida College System institutions; and
628 independent, not-for-profit colleges and universities located
629 and chartered in this state which are accredited by the
630 Commission on Colleges of the Southern Association of Colleges
631 and Schools and are eligible to participate in the William L.
632 Boyd, IV, Effective Access to Student Education Grant Program.
633 (b) Coordinate, facilitate, and oversee the implementation
634 of community schools that receive a grant under this section,
635 and submit an annual report to the commissioner pursuant to
636 paragraph (5)(b).
637 (c) Publish on the center’s website the application form
638 for:
639 1. Implementing a community school program.
640 2. Certification by the center as a community school.
641 (d) Publish on the center’s website the process and
642 criteria for:
643 1. Approving the application for implementing a community
644 school program under subparagraph (c)1.
645 2. Awarding the certification under subparagraph (c)2.
646 (e) Establish a process to administer grant funds awarded
647 under this section.
648 (f) Promote best practices and provide technical assistance
649 about community schools to community school program directors.
650 (5) REPORTS.—
651 (a) By July 1 of each year, each community school program
652 director shall submit a report to the center which includes, at
653 a minimum, the following information:
654 1. An assessment of the effectiveness of the community
655 school program in improving student success outcomes;
656 2. Any issues encountered in the design and execution of
657 the community school program;
658 3. Recommendations for improving the delivery of services
659 to students, families, and community members under the program;
660 4. The number of students, families, and community members
661 served under the program; and
662 5. Any other information requested by the center director.
663 (b) The center director shall review the reports submitted
664 pursuant to paragraph (a) and, by August 15 of each year, shall
665 provide to the commissioner:
666 1. A summary of the information reported by each community
667 school that receives a grant under this section; and
668 2. Recommendations for policy and funding investments to
669 improve the implementation and oversight of community school
670 programs and to remove any barriers to the expansion of
671 community schools.
672 (c) The commissioner shall review the summary and
673 recommendations submitted by the center director under paragraph
674 (b) and, by September 30 of each year, shall submit a report to
675 the Governor, the President of the Senate, and the Speaker of
676 the House of Representatives. The annual report submitted by the
677 commissioner must, at a minimum, include information on the
678 status of community schools and his or her recommendations for
679 policy and funding investments to improve and expand community
680 schools.
681 (6) EXPIRATION.—This section expires July 1, 2020.
682 Section 8. In order to implement Specific Appropriations 6
683 and 93 of the 2019-2020 General Appropriations Act, subsection
684 (4) of section 1008.33, Florida Statutes, is amended to read:
685 1008.33 Authority to enforce public school improvement.—
686 (4)(a) The state board shall apply intensive intervention
687 and support strategies tailored to the needs of schools earning
688 two consecutive grades of “D” or a grade of “F.” In the first
689 full school year after a school initially earns two consecutive
690 grades of “D” or a grade of “F,” the school district must
691 immediately implement intervention and support strategies
692 prescribed in rule under paragraph (3)(c) and, by September 1,
693 provide the department with the memorandum of understanding
694 negotiated pursuant to s. 1001.42(21) and, by October 1, a
695 district-managed turnaround plan for approval by the state
696 board. The district-managed turnaround plan may include a
697 proposal for the district to implement an extended school day, a
698 summer program, or a combination of an extended school day and
699 summer program. Upon approval by the state board, the school
700 district must implement the plan for the remainder of the school
701 year and continue the plan for 1 full school year. The state
702 board may allow a school an additional year of implementation
703 before the school must implement a turnaround option required
704 under paragraph (b) if it determines that the school is likely
705 to improve to a grade of “C” or higher after the first full
706 school year of implementation.
707 (b) Unless an additional year of implementation is provided
708 pursuant to paragraph (a), a school that earns three consecutive
709 grades below a “C” must implement one of the following:
710 1. Reassign students to another school and monitor the
711 progress of each reassigned student;
712 2. Close the school and reopen the school as one or more
713 charter schools, each with a governing board that has a
714 demonstrated record of effectiveness; or
715 3. Contract with an outside entity that has a demonstrated
716 record of effectiveness to operate the school. An outside entity
717 may include a district-managed charter school in which all
718 instructional personnel are not employees of the school
719 district, but are employees of an independent governing board
720 composed of members who did not participate in the review or
721 approval of the charter.
722 (c) Implementation of the turnaround option is no longer
723 required if the school improves to a grade of “C” or higher.
724 (d) If a school earning two consecutive grades of “D” or a
725 grade of “F” does not improve to a grade of “C” or higher after
726 2 full school years of implementing the turnaround option
727 selected by the school district under paragraph (b), the school
728 district must implement another turnaround option.
729 Implementation of the turnaround option must begin the school
730 year following the implementation period of the existing
731 turnaround option, unless the state board determines that the
732 school is likely to improve to a grade of “C” or higher if
733 additional time is provided to implement the existing turnaround
734 option.
735 Section 9. The amendment to s. 1008.33(4), Florida
736 Statutes, by this act expires July 1, 2020, and the text of that
737 subsection shall revert to that in existence on June 30, 2019,
738 except that any amendments to such text enacted other than by
739 this act shall be preserved and continue to operate to the
740 extent that such amendments are not dependent upon the portions
741 of text which expire pursuant to this section.
742 Section 10. Effective July 1, 2019, upon the expiration and
743 reversion of the amendment made to section 1009.215, Florida
744 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
745 Florida, and in order to implement Specific Appropriation 4 of
746 the 2019-2020 General Appropriations Act, subsection (3) of
747 section 1009.215, Florida Statutes, is amended to read:
748 1009.215 Student enrollment pilot program for the spring
749 and summer terms.—
750 (3) Students who are enrolled in the pilot program and who
751 are eligible to receive Bright Futures Scholarships under ss.
752 1009.53-1009.536 are shall be eligible to receive the
753 scholarship award for attendance during the spring and summer
754 terms. This student cohort is also eligible to receive Bright
755 Futures Scholarships during the fall term, which may be used for
756 off-campus or online coursework, if Bright Futures Scholarship
757 funding is provided by the Legislature for three terms for other
758 eligible students during that academic year no more than 2
759 semesters or the equivalent in any fiscal year, including the
760 summer term.
761 Section 11. The amendment to s. 1009.215(3), Florida
762 Statutes, by this act, expires July 1, 2020, and the text of
763 that subsection shall revert to that in existence on June 30,
764 2018, except that any amendments to such text enacted other than
765 by this act shall be preserved and continue to operate to the
766 extent that such amendments are not dependent upon the portions
767 of text which expire pursuant to this section.
768 Section 12. In order to implement Specific Appropriations 6
769 and 93 of the 2019-2020 General Appropriations Act, subsection
770 (11), paragraph (d) of subsection (13), and subsections (15) and
771 (17) of section 1011.62, Florida Statutes, are amended, and
772 subsections (20) and (21) are added to that section, to read:
773 1011.62 Funds for operation of schools.—If the annual
774 allocation from the Florida Education Finance Program to each
775 district for operation of schools is not determined in the
776 annual appropriations act or the substantive bill implementing
777 the annual appropriations act, it shall be determined as
778 follows:
779 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
780 annually provide in the Florida Education Finance Program a
781 virtual education contribution. The amount of the virtual
782 education contribution shall be the difference between the
783 amount per FTE established in the General Appropriations Act for
784 virtual education and the amount per FTE for each district and
785 the Florida Virtual School, which may be calculated by taking
786 the sum of the base FEFP allocation, the discretionary local
787 effort, the state-funded discretionary contribution, the
788 discretionary millage compression supplement, the research-based
789 reading instruction allocation, best and brightest teacher and
790 principal allocation, and the instructional materials
791 allocation, and then dividing by the total unweighted FTE. This
792 difference shall be multiplied by the virtual education
793 unweighted FTE for programs and options identified in s.
794 1002.455 and the Florida Virtual School and its franchises to
795 equal the virtual education contribution and shall be included
796 as a separate allocation in the funding formula.
797 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
798 connected student supplement is created to provide supplemental
799 funding for school districts to support the education of
800 students connected with federally owned military installations,
801 National Aeronautics and Space Administration (NASA) real
802 property, and Indian lands. To be eligible for this supplement,
803 the district must be eligible for federal Impact Aid Program
804 funds under s. 8003 of Title VIII of the Elementary and
805 Secondary Education Act of 1965. The supplement shall be
806 allocated annually to each eligible school district in the
807 General Appropriations Act. The supplement shall be the sum of
808 the student allocation and an exempt property allocation.
809 (d) The amount allocated for each eligible school district
810 shall be recalculated during the year using actual student
811 membership, as amended, from the most recent February survey and
812 the tax-exempt valuation from the most recent assessment roll.
813 Upon recalculation, if the total allocation is greater than the
814 amount provided in the General Appropriations Act, it must be
815 prorated to the level of the appropriation based on each
816 district’s share of the total recalculated amount.
817 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
818 created to provide funding to assist school districts in their
819 compliance with s. 1006.07, with priority given to implementing
820 the district’s school resource officer program pursuant to s.
821 1006.12. Each school district shall receive a minimum safe
822 schools allocation in an amount provided in the General
823 Appropriations Act. Of the remaining balance of the safe schools
824 allocation, one-third two-thirds shall be allocated to school
825 districts based on the most recent official Florida Crime Index
826 provided by the Department of Law Enforcement and two-thirds
827 one-third shall be allocated based on each school district’s
828 proportionate share of the state’s total unweighted full-time
829 equivalent student enrollment. Any additional funds appropriated
830 to this allocation in the 2018-2019 fiscal year to the school
831 resource officer program established pursuant to s. 1006.12
832 shall be used exclusively for employing or contracting for
833 school resource officers, which shall be in addition to the
834 number of officers employed or contracted for in the 2017-2018
835 fiscal year.
836 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
837 provide an annual funding compression allocation in the General
838 Appropriations Act. The allocation is created to provide
839 additional funding to school districts and developmental
840 research schools whose total funds per FTE in the prior year
841 were less than the statewide average. Using the most recent
842 prior year FEFP calculation for each eligible school district,
843 the total funds per FTE shall be subtracted from the state
844 average funds per FTE, not including any adjustments made
845 pursuant to paragraph (18)(b). The resulting funds per FTE
846 difference, or a portion thereof, as designated in the General
847 Appropriations Act, shall then be multiplied by the school
848 district’s total unweighted FTE to provide the allocation. If
849 the calculated funds are greater than the amount included in the
850 General Appropriations Act, they must be prorated to the
851 appropriation amount based on each participating school
852 district’s share. This subsection expires July 1, 2020 2019.
853 (20) FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
854 ALLOCATION.—
855 (a) The Florida Best and Brightest Teacher and Principal
856 Allocation is created to recruit, retain, and recognize
857 classroom teachers who meet the criteria established in s.
858 1012.731 and reward principals who meet the criteria established
859 in s. 1012.732. Subject to annual appropriation, each school
860 district shall receive an allocation based on the district’s
861 proportionate share of FEFP base funding. The Legislature may
862 specify a minimum allocation for all districts in the General
863 Appropriations Act.
864 (b) From the allocation, each district shall provide the
865 following for eligible classroom teachers:
866 1. A one-time recruitment award, as provided in s.
867 1012.731(3)(a);
868 2. A retention award, as provided in s. 1012.731(3)(b); and
869 3. A recognition award, as provided in s. 1012.731(3)(c),
870 from the remaining balance of the appropriation after the
871 payment of all other awards authorized under ss. 1012.731 and
872 1012.732.
873 (c) From the allocation, each district shall provide
874 eligible principals an award as provided in s. 1012.732(4).
875 (d) This subsection expires July 1, 2020.
876 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
877 The turnaround school supplemental services allocation is
878 created to provide district-managed turnaround schools, as
879 identified in s. 1008.33(4)(a), schools that earn three
880 consecutive grades below a “C,” as identified in s.
881 1008.33(4)(b)3., and schools that have improved to a “C” and are
882 no longer in turnaround status, as identified in s.
883 1008.33(4)(c), with funds to offer services designed to improve
884 the overall academic and community welfare of the schools’
885 students and their families.
886 (a) Services funded by the allocation may include, but are
887 not limited to, tutorial and after-school programs, student
888 counseling, nutrition education, parental counseling, and an
889 extended school day and school year. In addition, services may
890 include models that develop a culture that encourages students
891 to complete high school and to attend college or career
892 training, set high academic expectations, and inspire character
893 development.
894 (b) Before distribution of the allocation, the school
895 district shall develop and submit a plan for implementation to
896 its school board for approval no later than August 1 of each
897 fiscal year.
898 (c) At a minimum, the plan required under paragraph (b)
899 must:
900 1. Establish comprehensive support services that develop
901 family and community partnerships;
902 2. Establish clearly defined and measurable high academic
903 and character standards;
904 3. Increase parental involvement and engagement in the
905 child’s education;
906 4. Describe how instructional personnel will be identified,
907 recruited, retained, and rewarded;
908 5. Provide professional development that focuses on
909 academic rigor, direct instruction, and creating high academic
910 and character standards;
911 6. Provide focused instruction to improve student academic
912 proficiency, which may include additional instruction time
913 beyond the normal school day or school year; and
914 7. Include a strategy for continuing to provide services
915 after the school is no longer in turnaround status by virtue of
916 achieving a grade of “C” or higher.
917 (d) Each school district shall submit its approved plans to
918 the commissioner by September 1 of each fiscal year.
919 (e) Subject to legislative appropriation, each school
920 district’s allocation must be based on the unweighted FTE
921 student enrollment at the eligible schools and a per-FTE funding
922 amount of $500 or as provided in the General Appropriations Act.
923 The supplement provided in the General Appropriations Act shall
924 be based on the most recent school grades and shall serve as a
925 proxy for the official calculation. Once school grades are
926 available for the school year immediately preceding the fiscal
927 year coinciding with the appropriation, the supplement shall be
928 recalculated for the official participating schools as part of
929 the subsequent FEFP calculation. The commissioner may prepare a
930 preliminary calculation so that districts may proceed with
931 timely planning and use of the funds. If the calculated funds
932 for the statewide allocation exceed the funds appropriated, the
933 allocation of funds to each school district must be prorated
934 based on each school district’s share of the total unweighted
935 FTE student enrollment for the eligible schools.
936 (f) Subject to legislative appropriation, each school shall
937 remain eligible to receive the allocation for a maximum of 4
938 consecutive fiscal years while implementing a turnaround option
939 pursuant to s. 1008.33(4). In addition, a school that improves
940 to a grade of “C” or higher remains eligible to receive the
941 allocation for a maximum of 2 consecutive fiscal years after
942 exiting turnaround status.
943 (g) This subsection expires July 1, 2020.
944 Section 13. The amendments to s. 1011.62(11), (13)(d), and
945 (15), Florida Statutes, by this act expire July 1, 2020, and the
946 text of those subsections or that paragraph, respectively, shall
947 revert to that in existence on June 30, 2019, except that any
948 amendments to such text enacted other than by this act shall be
949 preserved and continue to operate to the extent that such
950 amendments are not dependent upon the portions of text which
951 expire pursuant to this section.
952 Section 14. In order to implement Specific Appropriation
953 123 of the 2019-2020 General Appropriations Act, paragraph (b)
954 of subsection (6) of section 1011.80, Florida Statutes, is
955 amended to read:
956 1011.80 Funds for operation of workforce education
957 programs.—
958 (6)
959 (b) Performance funding for industry certifications for
960 school district workforce education programs is contingent upon
961 specific appropriation in the General Appropriations Act and
962 shall be determined as follows:
963 1. Occupational areas for which industry certifications may
964 be earned, as established in the General Appropriations Act, are
965 eligible for performance funding. Priority shall be given to the
966 occupational areas emphasized in state, national, or corporate
967 grants provided to Florida educational institutions.
968 2. The Chancellor of Career and Adult Education shall
969 identify the industry certifications eligible for funding on the
970 CAPE Postsecondary Industry Certification Funding List approved
971 by the State Board of Education pursuant to s. 1008.44, based on
972 the occupational areas specified in the General Appropriations
973 Act.
974 3. Each school district shall be provided $1,000 for each
975 industry certification earned by a workforce education student.
976 The maximum amount of funding appropriated for performance
977 funding pursuant to this paragraph shall be limited to $15
978 million annually. If funds are insufficient to fully fund the
979 calculated total award, such funds shall be prorated.
980 Section 15. In order to implement Specific Appropriation
981 128 of the 2019-2020 General Appropriations Act, paragraph (c)
982 of subsection (2) of section 1011.81, Florida Statutes, is
983 amended to read:
984 1011.81 Florida College System Program Fund.—
985 (2) Performance funding for industry certifications for
986 Florida College System institutions is contingent upon specific
987 appropriation in the General Appropriations Act and shall be
988 determined as follows:
989 (c) Each Florida College System institution shall be
990 provided $1,000 for each industry certification earned by a
991 student. The maximum amount of funding appropriated for
992 performance funding pursuant to this subsection shall be limited
993 to $15 million annually. If funds are insufficient to fully fund
994 the calculated total award, such funds shall be prorated.
995 Section 16. The amendments to s. 1011.80(6)(b) and s.
996 1011.81(2)(c), Florida Statutes, by this act expire July 1,
997 2020, and the text of those paragraphs shall revert to that in
998 existence on June 30, 2019, except that any amendments to such
999 text enacted other than by this act shall be preserved and
1000 continue to operate to the extent that such amendments are not
1001 dependent upon the portions of text which expire pursuant to
1002 this section.
1003 Section 17. In order to implement Specific Appropriations 6
1004 and 93 of the 2019-2020 General Appropriations Act, section
1005 1012.731, Florida Statutes, is amended to read:
1006 1012.731 The Florida Best and Brightest Teacher Scholarship
1007 Program.—
1008 (1) The Legislature recognizes that, second only to
1009 parents, teachers play the most critical role within schools in
1010 preparing students to achieve a high level of academic
1011 performance. The Legislature further recognizes that research
1012 has linked student outcomes to a teacher’s own academic
1013 achievement. Therefore, it is the intent of the Legislature to
1014 recruit, retain, and recognize designate teachers who meet the
1015 needs of this state and have achieved success in the classroom
1016 high academic standards during their own education as Florida’s
1017 best and brightest teacher scholars.
1018 (2) There is created The Florida Best and Brightest Teacher
1019 Scholarship Program is created to be administered by the
1020 Department of Education. The scholarship program shall provide
1021 recruitment, retention, and recognition awards categorical
1022 funding for scholarships to be awarded to classroom teachers, as
1023 defined in s. 1012.01(2)(a), to be funded as provided in s.
1024 1011.62(20) who have demonstrated a high level of academic
1025 achievement.
1026 (3)(a) To be eligible for a one-time recruitment award as
1027 specified in the General Appropriations Act, a newly-hired
1028 teacher must be a content expert, based on criteria established
1029 by the department, in mathematics, science, computer science,
1030 reading, or civics. scholarship in the amount of $6,000, a
1031 classroom teacher must:
1032 1. Have achieved a composite score at or above the 80th
1033 percentile on either the SAT or the ACT based on the National
1034 Percentile Ranks in effect when the classroom teacher took the
1035 assessment and have been evaluated as highly effective pursuant
1036 to s. 1012.34 in the school year immediately preceding the year
1037 in which the scholarship will be awarded, unless the classroom
1038 teacher is newly hired by the district school board and has not
1039 been evaluated pursuant to s. 1012.34.
1040 2. Beginning with the 2020-2021 school year, have achieved
1041 a composite score at or above the 77th percentile or, if the
1042 classroom teacher graduated cum laude or higher with a
1043 baccalaureate degree, the 71st percentile on either the SAT,
1044 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
1045 Ranks in effect when the classroom teacher took the assessment;
1046 and have been evaluated as highly effective pursuant to s.
1047 1012.34, or have been evaluated as highly effective based on a
1048 commissioner-approved student learning growth formula pursuant
1049 to s. 1012.34(8), in the school year immediately preceding the
1050 year in which the scholarship will be awarded, unless the
1051 classroom teacher is newly hired by the district school board
1052 and has not been evaluated pursuant to s. 1012.34.
1053 (b) To be eligible for a retention award as specified in
1054 the General Appropriations Act, a teacher must have been rated
1055 as highly effective or effective the preceding year pursuant to
1056 s. 1012.34, and teach in a school for 2 consecutive school
1057 years, including the current year, that has improved an average
1058 of 3 percentage points or more in the percentage of total
1059 possible points achieved for determining school grades over the
1060 prior 3 years.
1061 1. In order to demonstrate eligibility for an award, an
1062 eligible classroom teacher must submit to the school district,
1063 no later than November 1, an official record of his or her
1064 qualifying assessment score and, beginning with the 2020-2021
1065 school year, an official transcript demonstrating that he or she
1066 graduated cum laude or higher with a baccalaureate degree, if
1067 applicable. Once a classroom teacher is deemed eligible by the
1068 school district, the teacher shall remain eligible as long as he
1069 or she remains employed by the school district as a classroom
1070 teacher at the time of the award and receives an annual
1071 performance evaluation rating of highly effective pursuant to s.
1072 1012.34 or is evaluated as highly effective based on a
1073 commissioner-approved student learning growth formula pursuant
1074 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
1075 2. A school district employee who is no longer a classroom
1076 teacher may receive an award if the employee was a classroom
1077 teacher in the prior school year, was rated highly effective,
1078 and met the requirements of this section as a classroom teacher.
1079 (c) To be eligible for a recognition award, a teacher must
1080 be rated as highly effective and be selected by his or her
1081 school principal, based on performance criteria and policies
1082 adopted by the district school board. Recognition awards must be
1083 provided from funds remaining from the allocation provided under
1084 s. 1011.62(20) after the payment of all teacher recruitment and
1085 retention awards and principal awards authorized under this
1086 section and the General Appropriations Act. Notwithstanding the
1087 requirements of this subsection, for the 2017-2018, 2018-2019,
1088 and 2019-2020 school years, any classroom teacher who:
1089 1. Was evaluated as highly effective pursuant to s. 1012.34
1090 in the school year immediately preceding the year in which the
1091 scholarship will be awarded shall receive a scholarship of
1092 $1200, including a classroom teacher who received an award
1093 pursuant to paragraph (a).
1094 2. Was evaluated as effective pursuant to s. 1012.34 in the
1095 school year immediately preceding the year in which the
1096 scholarship will be awarded a scholarship of up to $800. If the
1097 number of eligible classroom teachers under this subparagraph
1098 exceeds the total allocation, the department shall prorate the
1099 per-teacher scholarship amount.
1100
1101 This paragraph expires July 1, 2020.
1102 (4) Annually, by December 1, each school district shall
1103 submit to the department:
1104 (a) The number of eligible classroom teachers who qualify
1105 for the scholarship.
1106 (b) The name and master school identification number (MSID)
1107 of each school in the district to which an eligible classroom
1108 teacher is assigned.
1109 (c) The name of the school principal of each eligible
1110 classroom teacher’s school if he or she has served as the
1111 school’s principal for at least 2 consecutive school years
1112 including the current school year.
1113 (5) Annually, by February 1, the department shall disburse
1114 scholarship funds to each school district for each eligible
1115 classroom teacher to receive a scholarship in accordance with
1116 this section.
1117 (6) Annually, by April 1, each school district shall award
1118 the scholarship to each eligible classroom teacher.
1119 (7) For purposes of this section, the term “school
1120 district” includes the Florida School for the Deaf and the Blind
1121 and charter school governing boards.
1122 Section 18. In order to implement Specific Appropriations 6
1123 and 93 of the 2019-2020 General Appropriations Act, section
1124 1012.732, Florida Statutes, is amended to read:
1125 1012.732 The Florida Best and Brightest Principal
1126 Scholarship Program.—
1127 (1) The Legislature recognizes that the most effective
1128 school principals establish a safe and supportive school
1129 environment for students and faculty. Research shows that these
1130 principals increase student learning by providing opportunities
1131 for the professional growth, collaboration, and autonomy that
1132 classroom teachers need to become and remain highly effective
1133 educational professionals. As a result, these principals are
1134 able to recruit and retain more of the best classroom teachers
1135 and improve student outcomes at their schools, including schools
1136 serving low-income and high-need student populations. Therefore,
1137 it is the intent of the Legislature to designate school
1138 principals whose schools make noticeable academic improvement
1139 school faculty has a high percentage of classroom teachers who
1140 are designated as Florida’s best and brightest teacher scholars
1141 pursuant to s. 1012.731 as Florida’s best and brightest
1142 principals.
1143 (2) There is created The Florida Best and Brightest
1144 Principal Scholarship Program is created to be administered by
1145 the Department of Education. The program shall provide awards to
1146 categorical funding for scholarships to be awarded to school
1147 principals, as defined in s. 1012.01(3)(c)1., to be funded as
1148 provided in s. 1011.62(20) who have recruited and retained a
1149 high percentage of best and brightest teachers.
1150 (3) A school principal identified pursuant to s.
1151 1012.731(4)(c) is eligible to receive an award, as specified in
1152 the General Appropriations Act, a scholarship under this section
1153 if he or she has served as school principal at his or her school
1154 for at least 4 2 consecutive school years including the current
1155 school year and the school has improved an average of 3
1156 percentage points or more in the percentage of total possible
1157 points achieved for determining school grades over the prior 3
1158 years his or her school has a ratio of best and brightest
1159 teachers to other classroom teachers that is at the 80th
1160 percentile or higher for schools within the same grade group,
1161 statewide, including elementary schools, middle schools, high
1162 schools, and schools with a combination of grade levels.
1163 (4) Annually, by February 1, the department shall identify
1164 eligible school principals and disburse funds to each school
1165 district for each eligible school principal to receive a
1166 scholarship. A scholarship of $5,000 must be awarded to every
1167 eligible school principal assigned to a Title I school and a
1168 scholarship of $4,000 to every eligible school principal who is
1169 not assigned to a Title I school.
1170 (5) Annually, by April 1, each school district must award a
1171 scholarship to each eligible school principal.
1172 (6) A school district must provide a best and brightest
1173 principal with the additional authority and responsibilities
1174 provided in s. 1012.28(8) for a minimum of 2 years.
1175 (7) For purposes of this section, the term “school
1176 district” includes the Florida School for the Deaf and the Blind
1177 and charter school governing boards.
1178 Section 19. The amendments to ss. 1012.731 and 1012.732,
1179 Florida Statutes, by this act expire July 1, 2020, and the text
1180 of those sections shall revert to that in existence on June 30,
1181 2019, except that any amendments to such text enacted other than
1182 by this act shall be preserved and continue to operate to the
1183 extent that such amendments are not dependent upon the portions
1184 of text which expire pursuant to this section.
1185 Section 20. In order to implement Specific Appropriation 18
1186 of the 2019-2020 General Appropriations Act, subsection (1) of
1187 section 1013.62, Florida Statutes, is amended to read:
1188 1013.62 Charter schools capital outlay funding.—
1189 (1) For the 2019-2020 2018-2019 fiscal year, charter school
1190 capital outlay funding shall consist of state funds appropriated
1191 in the 2019-2020 2018-2019 General Appropriations Act. Beginning
1192 in fiscal year 2020-2021 2019-2020, charter school capital
1193 outlay funding shall consist of state funds when such funds are
1194 appropriated in the General Appropriations Act and revenue
1195 resulting from the discretionary millage authorized in s.
1196 1011.71(2) if the amount of state funds appropriated for charter
1197 school capital outlay in any fiscal year is less than the
1198 average charter school capital outlay funds per unweighted full
1199 time equivalent student for the 2018-2019 fiscal year,
1200 multiplied by the estimated number of charter school students
1201 for the applicable fiscal year, and adjusted by changes in the
1202 Consumer Price Index issued by the United States Department of
1203 Labor from the previous fiscal year. Nothing in this subsection
1204 prohibits a school district from distributing to charter schools
1205 funds resulting from the discretionary millage authorized in s.
1206 1011.71(2).
1207 (a) To be eligible to receive capital outlay funds, a
1208 charter school must:
1209 1.a. Have been in operation for 2 or more years;
1210 b. Be governed by a governing board established in the
1211 state for 2 or more years which operates both charter schools
1212 and conversion charter schools within the state;
1213 c. Be an expanded feeder chain of a charter school within
1214 the same school district that is currently receiving charter
1215 school capital outlay funds;
1216 d. Have been accredited by a regional accrediting
1217 association as defined by State Board of Education rule; or
1218 e. Serve students in facilities that are provided by a
1219 business partner for a charter school-in-the-workplace pursuant
1220 to s. 1002.33(15)(b).
1221 2. Have an annual audit that does not reveal any of the
1222 financial emergency conditions provided in s. 218.503(1) for the
1223 most recent fiscal year for which such audit results are
1224 available.
1225 3. Have satisfactory student achievement based on state
1226 accountability standards applicable to the charter school.
1227 4. Have received final approval from its sponsor pursuant
1228 to s. 1002.33 for operation during that fiscal year.
1229 5. Serve students in facilities that are not provided by
1230 the charter school’s sponsor.
1231 (b) A charter school is not eligible to receive capital
1232 outlay funds if it was created by the conversion of a public
1233 school and operates in facilities provided by the charter
1234 school’s sponsor for a nominal fee, or at no charge, or if it is
1235 directly or indirectly operated by the school district.
1236 Section 21. The amendments to s. 1013.62(1), Florida
1237 Statutes, by this act expire July 1, 2020, and the text of that
1238 subsection shall revert to that in existence on June 30, 2019,
1239 except that any amendments to such text enacted other than by
1240 this act shall be preserved and continue to operate to the
1241 extent that such amendments are not dependent upon the portions
1242 of text which expire pursuant to this section.
1243 Section 22. In order to implement Specific Appropriation
1244 204 of the 2019-2020 General Appropriations Act, the
1245 calculations for the Medicaid Disproportionate Share Hospital
1246 program for the 2019-2020 fiscal year contained in the document
1247 titled “Medicaid Disproportionate Share Hospital Program, Fiscal
1248 Year 2019-2020,” dated April 3, 2019, and filed with the
1249 Secretary of the Senate, are incorporated by reference for the
1250 purpose of displaying the calculations used by the Legislature,
1251 consistent with the requirements of state law, in making
1252 appropriations for the Medicaid Disproportionate Share Hospital
1253 program. This section expires July 1, 2020.
1254 Section 23. In order to implement Specific Appropriations
1255 197 through 216 and 523 of the 2019-2020 General Appropriations
1256 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1257 Statutes, the Agency for Health Care Administration, in
1258 consultation with the Department of Health, may submit a budget
1259 amendment, subject to the notice, review, and objection
1260 procedures of s. 216.177, Florida Statutes, to realign funding
1261 within and between agencies based on implementation of the
1262 Managed Medical Assistance component of the Statewide Medicaid
1263 Managed Care program for the Children’s Medical Services program
1264 of the Department of Health. The funding realignment shall
1265 reflect the actual enrollment changes due to the transfer of
1266 beneficiaries from fee-for-service to the capitated Children’s
1267 Medical Services Network. The Agency for Health Care
1268 Administration may submit a request for nonoperating budget
1269 authority to transfer the federal funds to the Department of
1270 Health pursuant to s. 216.181(12), Florida Statutes. This
1271 section expires July 1, 2020.
1272 Section 24. In order to implement Specific Appropriations
1273 221 and 222 of the 2019-2020 General Appropriations Act, and
1274 notwithstanding the expiration date in section 19 of chapter
1275 2018-10, Laws of Florida, subsection (23) of section 409.908,
1276 Florida Statutes, is reenacted to read:
1277 409.908 Reimbursement of Medicaid providers.—Subject to
1278 specific appropriations, the agency shall reimburse Medicaid
1279 providers, in accordance with state and federal law, according
1280 to methodologies set forth in the rules of the agency and in
1281 policy manuals and handbooks incorporated by reference therein.
1282 These methodologies may include fee schedules, reimbursement
1283 methods based on cost reporting, negotiated fees, competitive
1284 bidding pursuant to s. 287.057, and other mechanisms the agency
1285 considers efficient and effective for purchasing services or
1286 goods on behalf of recipients. If a provider is reimbursed based
1287 on cost reporting and submits a cost report late and that cost
1288 report would have been used to set a lower reimbursement rate
1289 for a rate semester, then the provider’s rate for that semester
1290 shall be retroactively calculated using the new cost report, and
1291 full payment at the recalculated rate shall be effected
1292 retroactively. Medicare-granted extensions for filing cost
1293 reports, if applicable, shall also apply to Medicaid cost
1294 reports. Payment for Medicaid compensable services made on
1295 behalf of Medicaid eligible persons is subject to the
1296 availability of moneys and any limitations or directions
1297 provided for in the General Appropriations Act or chapter 216.
1298 Further, nothing in this section shall be construed to prevent
1299 or limit the agency from adjusting fees, reimbursement rates,
1300 lengths of stay, number of visits, or number of services, or
1301 making any other adjustments necessary to comply with the
1302 availability of moneys and any limitations or directions
1303 provided for in the General Appropriations Act, provided the
1304 adjustment is consistent with legislative intent.
1305 (23)(a) The agency shall establish rates at a level that
1306 ensures no increase in statewide expenditures resulting from a
1307 change in unit costs for county health departments effective
1308 July 1, 2011. Reimbursement rates shall be as provided in the
1309 General Appropriations Act.
1310 (b)1. Base rate reimbursement for inpatient services under
1311 a diagnosis-related group payment methodology shall be provided
1312 in the General Appropriations Act.
1313 2. Base rate reimbursement for outpatient services under an
1314 enhanced ambulatory payment group methodology shall be provided
1315 in the General Appropriations Act.
1316 3. Prospective payment system reimbursement for nursing
1317 home services shall be as provided in subsection (2) and in the
1318 General Appropriations Act.
1319 Section 25. The text of s. 409.908(23), Florida Statutes,
1320 as carried forward from chapter 2018-10, Laws of Florida, by
1321 this act, expires July 1, 2020, and the text of that subsection
1322 shall revert to that in existence on October 1, 2018, not
1323 including any amendments made by chapter 2018-10, Laws of
1324 Florida, except that any amendments to such text enacted other
1325 than by this act and chapter 2018-10, Laws of Florida, shall be
1326 preserved and continue to operate to the extent that such
1327 amendments are not dependent upon the portions of text which
1328 expire pursuant to this section.
1329 Section 26. In order to implement Specific Appropriations
1330 203, 207, 208, 210, 212, and 221 of the 2019-2020 General
1331 Appropriations Act, the Agency for Health Care Administration
1332 shall seek authorization from the federal Centers for Medicare
1333 and Medicaid Services to eliminate the Medicaid retroactive
1334 eligibility period for nonpregnant adults in a manner that
1335 ensures that the elimination becomes effective on July 1, 2019.
1336 Eligibility will continue to begin the first day of the month in
1337 which a nonpregnant adult applies for Medicaid. This section
1338 expires July 1, 2020.
1339 Section 27. In order to implement Specific Appropriations
1340 203, 207, 208, 210, 212, and 221 of the 2019-2020 General
1341 Appropriations Act:
1342 (1) By January 10, 2020, the Agency for Health Care
1343 Administration, in consultation with the Department of Children
1344 and Families, the Florida Hospital Association, the Safety Net
1345 Hospital Alliance of Florida, the Florida Health Care
1346 Association, and LeadingAge Florida, shall submit a report to
1347 the Governor, the President of the Senate, and the Speaker of
1348 the House of Representatives regarding the impact of the waiver
1349 of Medicaid retroactive eligibility on beneficiaries and
1350 providers. The report must include, but is not limited to:
1351 (a) The total unduplicated number of nonpregnant adults who
1352 applied for Medicaid at a hospital site from February 1, 2019,
1353 through December 6, 2019; and, of those applicants, the number
1354 whose Medicaid applications were approved, the number whose
1355 Medicaid applications were denied, and the reasons for denial
1356 ranked by frequency.
1357 (b) The total unduplicated number of nonpregnant adults who
1358 applied for Medicaid at a nursing home site from February 1,
1359 2019, through December 6, 2019; and, of those applicants, the
1360 number whose Medicaid applications were approved, the number
1361 whose Medicaid applications were denied, and the reasons for
1362 denial ranked by frequency.
1363 (c) The estimated impact of medical debt on people for whom
1364 a Medicaid application was not submitted in the same month when
1365 the individual became an inpatient of a hospital or a resident
1366 of a nursing home.
1367 (d) Recommendations to improve outreach and Medicaid
1368 coverage for nonpregnant adults who would be eligible for
1369 Medicaid if they applied before an event that requires hospital
1370 or nursing home care.
1371 (2) The Agency for Health Care Administration shall also
1372 include, as part of the report required by this section, a copy
1373 of the evaluation design and performance metrics submitted to
1374 the federal Centers for Medicare and Medicaid Services relating
1375 to the waiver of Medicaid retroactive eligibility, in conformity
1376 with the Special Terms and Conditions of this state’s Section
1377 1115 demonstration project, titled Managed Medical Assistance
1378 (MMA) Program (Project No. 11-W-00206/4).
1379
1380 This section expires July 1, 2020.
1381 Section 28. In order to implement Specific Appropriations
1382 533, 534, 539, and 542 of the 2019-2020 General Appropriations
1383 Act, subsection (17) of section 893.055, Florida Statutes, is
1384 amended to read:
1385 893.055 Prescription drug monitoring program.—
1386 (17) For the 2019-2020 2018-2019 fiscal year only, neither
1387 the Attorney General nor the department may use funds received
1388 as part of a settlement agreement to administer the prescription
1389 drug monitoring program. This subsection expires July 1, 2020
1390 2019.
1391 Section 29. In order to implement Specific Appropriation
1392 204 of the 2019-2020 General Appropriations Act, subsections (2)
1393 and (10) of section 409.911, Florida Statutes, are amended to
1394 read:
1395 409.911 Disproportionate share program.—Subject to specific
1396 allocations established within the General Appropriations Act
1397 and any limitations established pursuant to chapter 216, the
1398 agency shall distribute, pursuant to this section, moneys to
1399 hospitals providing a disproportionate share of Medicaid or
1400 charity care services by making quarterly Medicaid payments as
1401 required. Notwithstanding the provisions of s. 409.915, counties
1402 are exempt from contributing toward the cost of this special
1403 reimbursement for hospitals serving a disproportionate share of
1404 low-income patients.
1405 (2) The Agency for Health Care Administration shall use the
1406 following actual audited data to determine the Medicaid days and
1407 charity care to be used in calculating the disproportionate
1408 share payment:
1409 (a) The average of the 2011, 2012, and 2013 2010, 2011, and
1410 2012 audited disproportionate share data to determine each
1411 hospital’s Medicaid days and charity care for the 2019-2020
1412 2018-2019 state fiscal year.
1413 (b) If the Agency for Health Care Administration does not
1414 have the prescribed 3 years of audited disproportionate share
1415 data as noted in paragraph (a) for a hospital, the agency shall
1416 use the average of the years of the audited disproportionate
1417 share data as noted in paragraph (a) which is available.
1418 (c) In accordance with s. 1923(b) of the Social Security
1419 Act, a hospital with a Medicaid inpatient utilization rate
1420 greater than one standard deviation above the statewide mean or
1421 a hospital with a low-income utilization rate of 25 percent or
1422 greater shall qualify for reimbursement.
1423 (10) Notwithstanding any provision of this section to the
1424 contrary, for the 2019-2020 2018-2019 state fiscal year, the
1425 agency shall distribute moneys to hospitals providing a
1426 disproportionate share of Medicaid or charity care services as
1427 provided in the 2019-2020 2018-2019 General Appropriations Act.
1428 This subsection expires July 1, 2020 2019.
1429 Section 30. In order to implement Specific Appropriation
1430 204 of the 2019-2020 General Appropriations Act, subsection (3)
1431 of section 409.9113, Florida Statutes, is amended to read:
1432 409.9113 Disproportionate share program for teaching
1433 hospitals.—In addition to the payments made under s. 409.911,
1434 the agency shall make disproportionate share payments to
1435 teaching hospitals, as defined in s. 408.07, for their increased
1436 costs associated with medical education programs and for
1437 tertiary health care services provided to the indigent. This
1438 system of payments must conform to federal requirements and
1439 distribute funds in each fiscal year for which an appropriation
1440 is made by making quarterly Medicaid payments. Notwithstanding
1441 s. 409.915, counties are exempt from contributing toward the
1442 cost of this special reimbursement for hospitals serving a
1443 disproportionate share of low-income patients. The agency shall
1444 distribute the moneys provided in the General Appropriations Act
1445 to statutorily defined teaching hospitals and family practice
1446 teaching hospitals, as defined in s. 395.805, pursuant to this
1447 section. The funds provided for statutorily defined teaching
1448 hospitals shall be distributed as provided in the General
1449 Appropriations Act. The funds provided for family practice
1450 teaching hospitals shall be distributed equally among family
1451 practice teaching hospitals.
1452 (3) Notwithstanding any provision of this section to the
1453 contrary, for the 2019-2020 2018-2019 state fiscal year, the
1454 agency shall make disproportionate share payments to teaching
1455 hospitals, as defined in s. 408.07, as provided in the 2019-2020
1456 2018-2019 General Appropriations Act. This subsection expires
1457 July 1, 2020 2019.
1458 Section 31. In order to implement Specific Appropriation
1459 204 of the 2019-2020 General Appropriations Act, subsection (4)
1460 of section 409.9119, Florida Statutes, is amended to read:
1461 409.9119 Disproportionate share program for specialty
1462 hospitals for children.—In addition to the payments made under
1463 s. 409.911, the Agency for Health Care Administration shall
1464 develop and implement a system under which disproportionate
1465 share payments are made to those hospitals that are separately
1466 licensed by the state as specialty hospitals for children, have
1467 a federal Centers for Medicare and Medicaid Services
1468 certification number in the 3300-3399 range, have Medicaid days
1469 that exceed 55 percent of their total days and Medicare days
1470 that are less than 5 percent of their total days, and were
1471 licensed on January 1, 2013, as specialty hospitals for
1472 children. This system of payments must conform to federal
1473 requirements and must distribute funds in each fiscal year for
1474 which an appropriation is made by making quarterly Medicaid
1475 payments. Notwithstanding s. 409.915, counties are exempt from
1476 contributing toward the cost of this special reimbursement for
1477 hospitals that serve a disproportionate share of low-income
1478 patients. The agency may make disproportionate share payments to
1479 specialty hospitals for children as provided for in the General
1480 Appropriations Act.
1481 (4) Notwithstanding any provision of this section to the
1482 contrary, for the 2019-2020 2018-2019 state fiscal year, for
1483 hospitals achieving full compliance under subsection (3), the
1484 agency shall make disproportionate share payments to specialty
1485 hospitals for children as provided in the 2019-2020 2018-2019
1486 General Appropriations Act. This subsection expires July 1, 2020
1487 2019.
1488 Section 32. In order to implement Specific Appropriations
1489 197 through 224 of the 2019-2020 General Appropriations Act, and
1490 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1491 Agency for Health Care Administration may submit a budget
1492 amendment, subject to the notice, review, and objection
1493 procedures of s. 216.177, Florida Statutes, to realign funding
1494 within the Medicaid program appropriation categories to address
1495 projected surpluses and deficits within the program and to
1496 maximize the use of state trust funds. A single budget amendment
1497 shall be submitted in the last quarter of the 2019-2020 fiscal
1498 year only. This section expires July 1, 2020.
1499 Section 33. In order to implement Specific Appropriations
1500 467, 468, and 474 of the 2019-2020 General Appropriations Act,
1501 subsection (17) of section 381.986, Florida Statutes, is amended
1502 to read:
1503 381.986 Medical use of marijuana.—
1504 (17) Rules adopted pursuant to this section before July 1,
1505 2020 2019, are not subject to s. 120.541(3). Notwithstanding
1506 paragraph (8)(e), a medical marijuana treatment center may use a
1507 laboratory that has not been certified by the department under
1508 s. 381.988 until such time as at least one laboratory holds the
1509 required certification pursuant to s. 381.988, but in no event
1510 later than July 1, 2020 2019. This subsection expires July 1,
1511 2020 2019.
1512 Section 34. In order to implement Specific Appropriations
1513 467, 468, and 474 of the 2019-2020 General Appropriations Act,
1514 subsection (11) of section 381.988, Florida Statutes, is amended
1515 to read:
1516 381.988 Medical marijuana testing laboratories; marijuana
1517 tests conducted by a certified laboratory.—
1518 (11) Rules adopted under subsection (9) before July 1, 2020
1519 2019, are not subject to s. 120.541(3). This subsection expires
1520 July 1, 2020 2019.
1521 Section 35. In order to implement Specific Appropriations
1522 474 and 525 of the 2019-2020 General Appropriations Act,
1523 paragraph (a) of subsection (2) of section 383.14, Florida
1524 Statutes, is amended to read:
1525 383.14 Screening for metabolic disorders, other hereditary
1526 and congenital disorders, and environmental risk factors.—
1527 (2) RULES.—
1528 (a) After consultation with the Genetics and Newborn
1529 Screening Advisory Council, the department shall adopt and
1530 enforce rules requiring that every newborn in this state shall:
1531 1. Before becoming 1 week of age, be subjected to a test
1532 for phenylketonuria;
1533 2. Be tested for any condition included on the federal
1534 Recommended Uniform Screening Panel which the council advises
1535 the department should be included under the state’s screening
1536 program. After the council recommends that a condition be
1537 included, the department shall submit a legislative budget
1538 request to seek an appropriation to add testing of the condition
1539 to the newborn screening program. The department shall expand
1540 statewide screening of newborns to include screening for such
1541 conditions within 18 months after the council renders such
1542 advice, if a test approved by the United States Food and Drug
1543 Administration or a test offered by an alternative vendor is
1544 available. If such a test is not available within 18 months
1545 after the council makes its recommendation, the department shall
1546 implement such screening as soon as a test offered by the United
1547 States Food and Drug Administration or by an alternative vendor
1548 is available; and
1549 3. At the appropriate age, be tested for such other
1550 metabolic diseases and hereditary or congenital disorders as the
1551 department may deem necessary from time to time; and
1552 4. Notwithstanding subparagraph 2., be screened for spinal
1553 muscular atrophy following integration of such a test into the
1554 newborn screening testing panel. The department shall implement
1555 such screening using a test offered by the United States Food
1556 and Drug Administration or by an alternative vendor as soon as
1557 practicable after July 1, 2019, but no later than May 3, 2020.
1558 This subparagraph expires July 1, 2020.
1559 Section 36. In order to implement Specific Appropriation
1560 389 of the 2019-2020 General Appropriations Act, section 28 of
1561 chapter 2016-65, Laws of Florida, is amended to read:
1562 Section 28. Subject to federal approval of the application
1563 to be a site for the Program of All-inclusive Care for the
1564 Elderly (PACE), the Agency for Health Care Administration shall
1565 contract with a not-for-profit organization that has been
1566 jointly formed by a lead agency that has been designated
1567 pursuant to s. 430.205, Florida Statutes, and by a not-for
1568 profit hospice provider that has been licensed for more than 30
1569 years to serve individuals and families in Clay, Duval, St.
1570 Johns, Baker, Union, Bradford, Putnam, and Nassau Counties. The
1571 not-for-profit organization shall leverage existing community
1572 based care providers and health care organizations to provide
1573 PACE services to frail elders who reside in Clay, Duval, St.
1574 Johns, Baker, Union, Bradford, Putnam, and Nassau Counties. The
1575 organization is exempt from the requirements of chapter 641,
1576 Florida Statutes. The agency, in consultation with the
1577 Department of Elderly Affairs and subject to the appropriation
1578 of funds by the Legislature, shall approve up to 300 initial
1579 enrollees in the Program of All-inclusive Care for the Elderly
1580 established by the organization to serve frail elders who reside
1581 in Clay, Duval, St. Johns, Baker, Union, Bradford, Putnam, and
1582 Nassau Counties.
1583 Section 37. In order to implement Specific Appropriations
1584 326, 327A, 358, and 359 of the 2019-2020 General Appropriations
1585 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1586 Statutes, the Department of Children and Families may submit a
1587 budget amendment, subject to the notice, review, and objection
1588 procedures of s. 216.177, Florida Statutes, to realign funding
1589 within the department based on the implementation of the
1590 Guardianship Assistance Program, between and among the specific
1591 appropriations for guardianship assistance payments, relative
1592 caregiver payments, and nonrelative caregiver payments. This
1593 section expires July 1, 2020.
1594 Section 38. In order to implement Specific Appropriations
1595 326 and 327A of the 2019-2020 General Appropriations Act, the
1596 Department of Children and Families shall establish a formula to
1597 distribute the recurring sums of $10,597,824 from the General
1598 Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
1599 for actual and direct costs to implement the Guardianship
1600 Assistance Program, including Level 1 foster care board
1601 payments, licensing staff for community-based care lead
1602 agencies, and guardianship assistance payments. This section
1603 expires July 1, 2020.
1604 Section 39. In order to implement Specific Appropriations
1605 326 and 327A of the 2019-2020 General Appropriations Act,
1606 paragraph (a) of subsection (1) of section 409.991, Florida
1607 Statutes, is amended to read:
1608 409.991 Allocation of funds for community-based care lead
1609 agencies.—
1610 (1) As used in this section, the term:
1611 (a) “Core services funds” means all funds allocated to
1612 community-based care lead agencies operating under contract with
1613 the department pursuant to s. 409.987, with the following
1614 exceptions:
1615 1. Funds appropriated for independent living.;
1616 2. Funds appropriated for maintenance adoption subsidies.;
1617 3. Funds appropriated for actual and direct costs to
1618 implement the Guardianship Assistance Program, including Level 1
1619 foster care board payments, licensing staff for community-based
1620 care lead agencies, and guardianship assistance payments. This
1621 subparagraph expires July 1, 2020.
1622 4. Funds allocated by the department for protective
1623 investigations training.;
1624 5.4. Nonrecurring funds.;
1625 6.5. Designated mental health wrap-around services funds.;
1626 and
1627 7.6. Funds for special projects for a designated community
1628 based care lead agency.
1629 Section 40. In order to implement Specific Appropriations
1630 551 through 558 and 560 of the 2019-2020 General Appropriations
1631 Act, subsection (3) of section 296.37, Florida Statutes, is
1632 amended to read:
1633 296.37 Residents; contribution to support.—
1634 (3) Notwithstanding subsection (1), each resident of the
1635 home who receives a pension, compensation, or gratuity from the
1636 United States Government, or income from any other source, of
1637 more than $130 per month shall contribute to his or her
1638 maintenance and support while a resident of the home in
1639 accordance with a payment schedule determined by the
1640 administrator and approved by the director. The total amount of
1641 such contributions shall be to the fullest extent possible, but,
1642 in no case, shall exceed the actual cost of operating and
1643 maintaining the home. This subsection expires July 1, 2020 2019.
1644 Section 41. In order to implement Specific Appropriation
1645 1345 of the 2019-2020 General Appropriations Act:
1646 (1) The Task Force on the Criminal Punishment Code, a task
1647 force as defined in s. 20.03(8), Florida Statutes, is created
1648 adjunct to the Department of Legal Affairs. The Legislature
1649 finds that there is a need to review sentencing for noncapital
1650 felony offenses under the Criminal Punishment Code. Therefore,
1651 the task force is created for the purpose of reviewing,
1652 evaluating, and making recommendations regarding sentencing for
1653 and ranking of noncapital felony offenses under the Criminal
1654 Punishment Code, including, but not limited to, whether current
1655 sentencing for noncapital felony offenses is appropriate to the
1656 level of the crime committed, whether current enhancements for
1657 those offenses are appropriate, and whether judicial discretion
1658 should be allowed with regard to mandatory minimum sentences for
1659 those offenses. The task force shall include an analysis of best
1660 practices in its review.
1661 (2) The task force is composed of the following members:
1662 (a) The Attorney General, or a designee of the Attorney
1663 General, who shall serve as chair of the task force.
1664 (b) The Secretary of Corrections, or a designee of the
1665 secretary.
1666 (c) Two members appointed by the President of the Senate,
1667 one of whom must be a public defender.
1668 (d) Two members appointed by the Speaker of the House of
1669 Representatives, one of whom must be a state attorney.
1670 (e) Two members appointed by the Chief Justice of the
1671 Supreme Court, one of whom must be a circuit judge currently
1672 assigned to a felony division.
1673
1674 Any vacancies on the task force shall be filled in the same
1675 manner as the original appointments. Appointments to the task
1676 force shall be made no later than July 15, 2019.
1677 (3) The task force shall endeavor to meet at least twice
1678 monthly throughout its duration and is encouraged to take input
1679 from all stakeholders involved in the criminal justice system.
1680 The first meeting of the task force shall occur no later than
1681 August 15, 2019. The Attorney General shall designate staff of
1682 the Department of Legal Affairs to provide support to the task
1683 force.
1684 (4) Upon the Attorney General’s request, the Department of
1685 Corrections and the Office of the State Courts Administrator
1686 shall provide necessary data collection and analysis, research,
1687 and support services to the task force.
1688 (5) Members of the task force may not receive compensation
1689 other than their usual salaries received from their employers,
1690 but are entitled to reimbursement for per diem and travel
1691 expenses from their employers in accordance with s. 112.061,
1692 Florida Statutes.
1693 (6) The task force shall submit a report to the Governor,
1694 the President of the Senate, the Speaker of the House of
1695 Representatives, and the Chief Justice of the Supreme Court no
1696 later than June 30, 2020, which must include, at a minimum, the
1697 issues considered by the task force, any recommendations for
1698 legislative changes, and an analysis of the expected impact of
1699 such recommendations if enacted by the Legislature. The task
1700 force is dissolved upon submission of the report.
1701 (7) This section expires July 1, 2020.
1702 Section 42. In order to implement Specific Appropriations
1703 581 through 703 and 716 through 750 of the 2019-2020 General
1704 Appropriations Act, subsection (4) of section 216.262, Florida
1705 Statutes, is amended to read:
1706 216.262 Authorized positions.—
1707 (4) Notwithstanding the provisions of this chapter relating
1708 to increasing the number of authorized positions, and for the
1709 2019-2020 2018-2019 fiscal year only, if the actual inmate
1710 population of the Department of Corrections exceeds the inmate
1711 population projections of the February 22, 2019 December 20,
1712 2017, Criminal Justice Estimating Conference by 1 percent for 2
1713 consecutive months or 2 percent for any month, the Executive
1714 Office of the Governor, with the approval of the Legislative
1715 Budget Commission, shall immediately notify the Criminal Justice
1716 Estimating Conference, which shall convene as soon as possible
1717 to revise the estimates. The Department of Corrections may then
1718 submit a budget amendment requesting the establishment of
1719 positions in excess of the number authorized by the Legislature
1720 and additional appropriations from unallocated general revenue
1721 sufficient to provide for essential staff, fixed capital
1722 improvements, and other resources to provide classification,
1723 security, food services, health services, and other variable
1724 expenses within the institutions to accommodate the estimated
1725 increase in the inmate population. All actions taken pursuant to
1726 this subsection are subject to review and approval by the
1727 Legislative Budget Commission. This subsection expires July 1,
1728 2020 2019.
1729 Section 43. In order to implement Specific Appropriations
1730 3208 through 3274 of the 2019-2020 General Appropriations Act,
1731 subsection (2) of section 215.18, Florida Statutes, is amended
1732 to read:
1733 215.18 Transfers between funds; limitation.—
1734 (2) The Chief Justice of the Supreme Court may receive one
1735 or more trust fund loans to ensure that the state court system
1736 has funds sufficient to meet its appropriations in the 2019-2020
1737 2018-2019 General Appropriations Act. If the Chief Justice
1738 accesses the loan, he or she must notify the Governor and the
1739 chairs of the legislative appropriations committees in writing.
1740 The loan must come from other funds in the State Treasury which
1741 are for the time being or otherwise in excess of the amounts
1742 necessary to meet the just requirements of such last-mentioned
1743 funds. The Governor shall order the transfer of funds within 5
1744 days after the written notification from the Chief Justice. If
1745 the Governor does not order the transfer, the Chief Financial
1746 Officer shall transfer the requested funds. The loan of funds
1747 from which any money is temporarily transferred must be repaid
1748 by the end of the 2019-2020 2018-2019 fiscal year. This
1749 subsection expires July 1, 2020 2019.
1750 Section 44. (1) In order to implement Specific
1751 Appropriations 1153 through 1163 of the 2019-2020 General
1752 Appropriations Act, the Department of Juvenile Justice is
1753 required to review county juvenile detention payments to ensure
1754 that counties fulfill their financial responsibilities required
1755 in s. 985.6865, Florida Statutes. If the Department of Juvenile
1756 Justice determines that a county has not met its obligations,
1757 the department shall direct the Department of Revenue to deduct
1758 the amount owed to the Department of Juvenile Justice from the
1759 funds provided to the county under s. 218.23, Florida Statutes.
1760 The Department of Revenue shall transfer the funds withheld to
1761 the Shared County/State Juvenile Detention Trust Fund.
1762 (2) As an assurance to holders of bonds issued by counties
1763 before July 1, 2019, for which distributions made pursuant to s.
1764 218.23, Florida Statutes, are pledged, or bonds issued to refund
1765 such bonds which mature no later than the bonds they refunded
1766 and which result in a reduction of debt service payable in each
1767 fiscal year, the amount available for distribution to a county
1768 shall remain as provided by law and continue to be subject to
1769 any lien or claim on behalf of the bondholders. The Department
1770 of Revenue must ensure, based on information provided by an
1771 affected county, that any reduction in amounts distributed
1772 pursuant to subsection (1) does not reduce the amount of
1773 distribution to a county below the amount necessary for the
1774 timely payment of principal and interest when due on the bonds
1775 and the amount necessary to comply with any covenant under the
1776 bond resolution or other documents relating to the issuance of
1777 the bonds. If a reduction to a county’s monthly distribution
1778 must be decreased in order to comply with this section, the
1779 Department of Revenue must notify the Department of Juvenile
1780 Justice of the amount of the decrease, and the Department of
1781 Juvenile Justice must send a bill for payment of such amount to
1782 the affected county.
1783 (3) This section expires July 1, 2020.
1784 Section 45. In order to implement Specific Appropriations
1785 1153 through 1163 of the 2019-2020 General Appropriations Act,
1786 the Department of Juvenile Justice may not provide, make, pay,
1787 or deduct, and a nonfiscally constrained county may not apply,
1788 deduct, or receive any reimbursement or any credit for any
1789 previous overpayment of juvenile detention care costs related to
1790 or for any previous state fiscal year, against the juvenile
1791 detention care costs due from the nonfiscally constrained county
1792 in the 2019-2020 fiscal year pursuant to s. 985.686, Florida
1793 Statutes, or any other law. This section expires July 1, 2020.
1794 Section 46. In order to implement Specific Appropriations
1795 761 through 784A, 952 through 1097, and 1118 through 1152 of the
1796 2019-2020 General Appropriations Act, subsection (1), paragraph
1797 (a) of subsection (2), paragraph (a) of subsection (3), and
1798 subsections (5), (6), and (7) of section 27.40, Florida
1799 Statutes, are amended to read:
1800 27.40 Court-appointed counsel; circuit registries; minimum
1801 requirements; appointment by court.—
1802 (1) Counsel shall be appointed to represent any individual
1803 in a criminal or civil proceeding entitled to court-appointed
1804 counsel under the Federal or State Constitution or as authorized
1805 by general law. The court shall appoint a public defender to
1806 represent indigent persons as authorized in s. 27.51. The office
1807 of criminal conflict and civil regional counsel shall be
1808 appointed to represent persons in those cases in which provision
1809 is made for court-appointed counsel but only when the public
1810 defender has certified to the court in writing that the public
1811 defender is unable to provide representation due to a conflict
1812 of interest and has specifically identified and described the
1813 conflict of interest of his or her office or is not authorized
1814 to provide representation.
1815 (2)(a) Private counsel may shall be appointed to represent
1816 persons in those cases in which provision is made for court
1817 appointed counsel but only when the office of criminal conflict
1818 and civil regional counsel has certified to the court in writing
1819 that the public defender is unable to provide representation due
1820 to a conflict of interest and has specifically identified and
1821 described the conflict of interest of the office of criminal
1822 conflict and civil regional counsel.
1823 (3) In using a registry:
1824 (a) The chief judge of the circuit shall compile a list of
1825 attorneys in private practice, by county and by category of
1826 cases, and provide the list to the clerk of court in each
1827 county. The chief judge of the circuit may restrict the number
1828 of attorneys on the general registry list. To be included on a
1829 registry, an attorney must certify that he or she:
1830 1. Meets any minimum requirements established by the chief
1831 judge and by general law for court appointment;
1832 2. Is available to represent indigent defendants in cases
1833 requiring court appointment of private counsel; and
1834 3. Is willing to abide by the terms of the contract for
1835 services, s. 27.5304, and this section.
1836
1837 To be included on a registry, an attorney must enter into a
1838 contract for services with the Justice Administrative
1839 Commission. Failure to comply with the terms of the contract for
1840 services may result in termination of the contract and removal
1841 from the registry. Each attorney on the registry is responsible
1842 for notifying the clerk of the court and the Justice
1843 Administrative Commission of any change in his or her status.
1844 Failure to comply with this requirement is cause for termination
1845 of the contract for services and removal from the registry until
1846 the requirement is fulfilled.
1847 (5) The Justice Administrative Commission shall approve
1848 uniform contract forms for use in procuring the services of
1849 private court-appointed counsel and uniform procedures and forms
1850 for use by a court-appointed attorney in support of billing for
1851 attorney’s fees, costs, and related expenses to demonstrate the
1852 attorney’s completion of specified duties. Such uniform
1853 contracts and forms for use in billing must be consistent with
1854 s. 27.5304, s. 216.311, and the General Appropriations Act and
1855 must contain the following statement: “The State of Florida’s
1856 performance and obligation to pay under this contract is
1857 contingent upon an annual appropriation by the Legislature.”
1858 (6) After court appointment, the attorney must immediately
1859 file a notice of appearance with the court indicating acceptance
1860 of the appointment to represent the defendant and of the terms
1861 of the uniform contract as specified in subsection (5).
1862 (7)(a) A private attorney appointed by the court from the
1863 registry to represent a client is entitled to payment as
1864 provided in s. 27.5304 so long as the requirements of subsection
1865 (1) and paragraph (2)(a) are met. An attorney appointed by the
1866 court who is not on the registry list may be compensated under
1867 s. 27.5304 only if the court finds in the order of appointment
1868 that there were no registry attorneys available for
1869 representation for that case and only if the requirements of
1870 subsection (1) and paragraph (2)(a) are met.
1871 (b)1. The flat fee established in s. 27.5304 and the
1872 General Appropriations Act shall be presumed by the court to be
1873 sufficient compensation. The attorney shall maintain appropriate
1874 documentation, including contemporaneous and detailed hourly
1875 accounting of time spent representing the client. If the
1876 attorney fails to maintain such contemporaneous and detailed
1877 hourly records, the attorney waives the right to seek
1878 compensation in excess of the flat fee established in s. 27.5304
1879 and the General Appropriations Act. These records and documents
1880 are subject to review by the Justice Administrative Commission
1881 and audit by the Auditor General, subject to the attorney-client
1882 privilege and work-product privilege. The attorney shall
1883 maintain the records and documents in a manner that enables the
1884 attorney to redact any information subject to a privilege in
1885 order to facilitate the commission’s review of the records and
1886 documents and not to impede such review. The attorney may redact
1887 information from the records and documents only to the extent
1888 necessary to comply with the privilege. The Justice
1889 Administrative Commission shall review such records and shall
1890 contemporaneously document such review before authorizing
1891 payment to an attorney. Objections by or on behalf of the
1892 Justice Administrative Commission to records or documents or to
1893 claims for payment by the attorney shall be presumed correct by
1894 the court unless the court determines in writing competent and
1895 substantial evidence exists to justify overcoming the
1896 presumption.
1897 2. If an attorney fails, refuses, or declines to permit the
1898 commission or the Auditor General to review documentation for a
1899 case as provided in this paragraph, the attorney waives the
1900 right to seek, and the commission may not pay, compensation in
1901 excess of the flat fee established in s. 27.5304 and the General
1902 Appropriations Act for that case.
1903 3. A finding by the commission that an attorney has waived
1904 the right to seek compensation in excess of the flat fee
1905 established in s. 27.5304 and the General Appropriations Act, as
1906 provided in this paragraph, shall be is presumed to be correct
1907 valid, unless the, as determined by a court determines, in
1908 writing, that competent and substantial evidence exists to
1909 justify overcoming the presumption, the commission’s finding is
1910 not supported by competent and substantial evidence.
1911 Section 47. The amendments to s. 27.40(1), (2)(a), (3)(a),
1912 (5), (6), and (7), by this act shall expire July 1, 2020, and
1913 the text of those subsections and paragraphs, as applicable,
1914 shall revert to that in existence on June 30, 2019, except that
1915 any amendments to such text enacted other than by this act shall
1916 be preserved and continue to operate to the extent that such
1917 amendments are not dependent upon the portions of text which
1918 expire pursuant to this section.
1919 Section 48. In order to implement Specific Appropriations
1920 761 through 784A, 952 through 1097, and 1118 through 1152 of the
1921 2019-2020 General Appropriations Act, subsections (1), (3), (7),
1922 and (11), paragraphs (a) through (e) of subsection (12), and
1923 subsection (13) of section 27.5304, Florida Statutes, are
1924 amended to read:
1925 27.5304 Private court-appointed counsel; compensation;
1926 notice.—
1927 (1) Private court-appointed counsel appointed in the manner
1928 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1929 Justice Administrative Commission only as provided in this
1930 section and the General Appropriations Act. The flat fees
1931 prescribed in this section are limitations on compensation. The
1932 specific flat fee amounts for compensation shall be established
1933 annually in the General Appropriations Act. The attorney also
1934 shall be reimbursed for reasonable and necessary expenses in
1935 accordance with s. 29.007. If the attorney is representing a
1936 defendant charged with more than one offense in the same case,
1937 the attorney shall be compensated at the rate provided for the
1938 most serious offense for which he or she represented the
1939 defendant. This section does not allow stacking of the fee
1940 limits established by this section.
1941 (3) The court retains primary authority and responsibility
1942 for determining the reasonableness of all billings for attorney
1943 fees, costs, and related expenses, subject to statutory
1944 limitations and the requirements of s. 27.40(7). Private court
1945 appointed counsel is entitled to compensation upon final
1946 disposition of a case.
1947 (7) Counsel eligible entitled to receive compensation from
1948 the state for representation pursuant to court appointment made
1949 in accordance with the requirements of s. 27.40(1) and (2)(a) in
1950 a proceeding under chapter 384, chapter 390, chapter 392,
1951 chapter 393, chapter 394, chapter 397, chapter 415, chapter 743,
1952 chapter 744, or chapter 984 shall receive compensation not to
1953 exceed the limits prescribed in the General Appropriations Act.
1954 Any such compensation must be determined as provided in s.
1955 27.40(7).
1956 (11) It is the intent of the Legislature that the flat fees
1957 prescribed under this section and the General Appropriations Act
1958 comprise the full and complete compensation for private court
1959 appointed counsel. It is further the intent of the Legislature
1960 that the fees in this section are prescribed for the purpose of
1961 providing counsel with notice of the limit on the amount of
1962 compensation for representation in particular proceedings and
1963 the sole procedure and requirements for obtaining payment for
1964 the same.
1965 (a) If court-appointed counsel moves to withdraw prior to
1966 the full performance of his or her duties through the completion
1967 of the case, the court shall presume that the attorney is not
1968 entitled to the payment of the full flat fee established under
1969 this section and the General Appropriations Act.
1970 (b) If court-appointed counsel is allowed to withdraw from
1971 representation prior to the full performance of his or her
1972 duties through the completion of the case and the court appoints
1973 a subsequent attorney, the total compensation for the initial
1974 and any and all subsequent attorneys may not exceed the flat fee
1975 established under this section and the General Appropriations
1976 Act, except as provided in subsection (12).
1977
1978 This subsection constitutes notice to any subsequently appointed
1979 attorney that he or she will not be compensated the full flat
1980 fee.
1981 (12) The Legislature recognizes that on rare occasions an
1982 attorney may receive a case that requires extraordinary and
1983 unusual effort.
1984 (a) If counsel seeks compensation that exceeds the limits
1985 prescribed by law, he or she must file a motion with the chief
1986 judge for an order approving payment of attorney fees in excess
1987 of these limits.
1988 1. Before filing the motion, the counsel shall deliver a
1989 copy of the intended billing, together with supporting
1990 affidavits and all other necessary documentation, to the Justice
1991 Administrative Commission.
1992 2. The Justice Administrative Commission shall review the
1993 billings, affidavit, and documentation for completeness and
1994 compliance with contractual and statutory requirements and shall
1995 contemporaneously document such review before authorizing
1996 payment to an attorney. If the Justice Administrative Commission
1997 objects to any portion of the proposed billing, the objection
1998 and supporting reasons must be communicated in writing to the
1999 private court-appointed counsel. The counsel may thereafter file
2000 his or her motion, which must specify whether the commission
2001 objects to any portion of the billing or the sufficiency of
2002 documentation, and shall attach the commission’s letter stating
2003 its objection.
2004 (b) Following receipt of the motion to exceed the fee
2005 limits, the chief judge or a single designee shall hold an
2006 evidentiary hearing. The chief judge may select only one judge
2007 per circuit to hear and determine motions pursuant to this
2008 subsection, except multicounty circuits and the eleventh circuit
2009 may have up to two designees.
2010 1. At the hearing, the attorney seeking compensation must
2011 prove by competent and substantial evidence that the case
2012 required extraordinary and unusual efforts. The chief judge or
2013 single designee shall consider criteria such as the number of
2014 witnesses, the complexity of the factual and legal issues, and
2015 the length of trial. The fact that a trial was conducted in a
2016 case does not, by itself, constitute competent substantial
2017 evidence of an extraordinary and unusual effort. In a criminal
2018 case, relief under this section may not be granted if the number
2019 of work hours does not exceed 75 or the number of the state’s
2020 witnesses deposed does not exceed 20.
2021 2. Objections by or on behalf of the Justice Administrative
2022 Commission to records or documents or to claims for payment by
2023 the attorney shall be presumed correct by the court unless the
2024 court determines, in writing, that competent and substantial
2025 evidence exists to justify overcoming the presumption. The chief
2026 judge or single designee shall enter a written order detailing
2027 his or her findings and identifying the extraordinary nature of
2028 the time and efforts of the attorney in the case which warrant
2029 exceeding the flat fee established by this section and the
2030 General Appropriations Act.
2031 (c) A copy of the motion and attachments shall be served on
2032 the Justice Administrative Commission at least 20 5 business
2033 days before the date of a hearing. The Justice Administrative
2034 Commission has standing to appear before the court, and may
2035 appear in person or telephonically, including at the hearing
2036 under paragraph (b), to contest any motion for an order
2037 approving payment of attorney fees, costs, or related expenses
2038 and may participate in a hearing on the motion by use of
2039 telephonic or other communication equipment. The Justice
2040 Administrative Commission may contract with other public or
2041 private entities or individuals to appear before the court for
2042 the purpose of contesting any motion for an order approving
2043 payment of attorney fees, costs, or related expenses. The fact
2044 that the Justice Administrative Commission has not objected to
2045 any portion of the billing or to the sufficiency of the
2046 documentation is not binding on the court.
2047 (d) If the chief judge or a single designee finds that
2048 counsel has proved by competent and substantial evidence that
2049 the case required extraordinary and unusual efforts, the chief
2050 judge or single designee shall order the compensation to be paid
2051 to the attorney at a percentage above the flat fee rate,
2052 depending on the extent of the unusual and extraordinary effort
2053 required. The percentage must be only the rate necessary to
2054 ensure that the fees paid are not confiscatory under common law.
2055 The percentage may not exceed 200 percent of the established
2056 flat fee, absent a specific finding that 200 percent of the flat
2057 fee in the case would be confiscatory. If the chief judge or
2058 single designee determines that 200 percent of the flat fee
2059 would be confiscatory, he or she shall order the amount of
2060 compensation using an hourly rate not to exceed $75 per hour for
2061 a noncapital case and $100 per hour for a capital case. However,
2062 the compensation calculated by using the hourly rate shall be
2063 only that amount necessary to ensure that the total fees paid
2064 are not confiscatory, subject to the requirements of s.
2065 27.40(7).
2066 (e) Any order granting relief under this subsection must be
2067 attached to the final request for a payment submitted to the
2068 Justice Administrative Commission and must satisfy the
2069 requirements of subparagraph (b)2.
2070 (13) Notwithstanding the limitation set forth in subsection
2071 (5) and for the 2019-2020 2018-2019 fiscal year only, the
2072 compensation for representation in a criminal proceeding may not
2073 exceed the following:
2074 (a) For misdemeanors and juveniles represented at the trial
2075 level: $1,000.
2076 (b) For noncapital, nonlife felonies represented at the
2077 trial level: $15,000.
2078 (c) For life felonies represented at the trial level:
2079 $15,000.
2080 (d) For capital cases represented at the trial level:
2081 $25,000. For purposes of this paragraph, a “capital case” is any
2082 offense for which the potential sentence is death and the state
2083 has not waived seeking the death penalty.
2084 (e) For representation on appeal: $9,000.
2085 (f) This subsection expires July 1, 2020 2019.
2086 Section 49. The amendments to s. 27.5304(1), (3), (7),
2087 (11), and (12)(a)-(e), Florida Statutes, by this act expire July
2088 1, 2020, and the text of those subsections and paragraphs, as
2089 applicable, shall revert to that in existence on June 30, 2019,
2090 except that any amendments to such text enacted other than by
2091 this act shall be preserved and continue to operate to the
2092 extent that such amendments are not dependent upon the portions
2093 of text which expire pursuant to this section.
2094 Section 50. In order to implement Specific Appropriation
2095 770 of the 2019-2020 General Appropriations Act, and
2096 notwithstanding section 28.35, Florida Statutes, the clerks of
2097 the circuit court are responsible for any costs of compensation
2098 to jurors, for meals or lodging provided to jurors, and for
2099 jury-related personnel costs that exceed the funding provided in
2100 the General Appropriations Act for these purposes. This section
2101 expires July 1, 2020.
2102 Section 51. In order to implement Specific Appropriations
2103 952 through 1097 of the 2019-2020 General Appropriations Act,
2104 and notwithstanding the expiration date in section 40 of chapter
2105 2018-10, Laws of Florida, paragraph (c) of subsection (19) of
2106 section 318.18, Florida Statutes, is reenacted to read:
2107 318.18 Amount of penalties.—The penalties required for a
2108 noncriminal disposition pursuant to s. 318.14 or a criminal
2109 offense listed in s. 318.17 are as follows:
2110 (19) In addition to any penalties imposed, an Article V
2111 assessment of $10 must be paid for all noncriminal moving and
2112 nonmoving violations under chapters 316, 320, and 322. The
2113 assessment is not revenue for purposes of s. 28.36 and may not
2114 be used in establishing the budget of the clerk of the court
2115 under that section or s. 28.35. Of the funds collected under
2116 this subsection:
2117 (c) The sum of $1.67 shall be deposited in the Indigent
2118 Criminal Defense Trust Fund for use by the public defenders.
2119 Section 52. In order to implement Specific Appropriations
2120 952 through 1097 of the 2019-2020 General Appropriations Act,
2121 and notwithstanding the expiration date in section 42 of chapter
2122 2018-10, Laws of Florida, paragraph (b) of subsection (12) of
2123 section 817.568, Florida Statutes, is reenacted to read:
2124 817.568 Criminal use of personal identification
2125 information.—
2126 (12) In addition to any sanction imposed when a person
2127 pleads guilty or nolo contendere to, or is found guilty of,
2128 regardless of adjudication, a violation of this section, the
2129 court shall impose a surcharge of $1,001.
2130 (b) The sum of $250 of the surcharge shall be deposited
2131 into the State Attorneys Revenue Trust Fund for the purpose of
2132 funding prosecutions of offenses relating to the criminal use of
2133 personal identification information. The sum of $250 of the
2134 surcharge shall be deposited into the Indigent Criminal Defense
2135 Trust Fund for the purposes of indigent criminal defense related
2136 to the criminal use of personal identification information.
2137 Section 53. The text of ss. 318.18(19)(c) and
2138 817.568(12)(b), Florida Statutes, as carried forward from
2139 chapter 2018-10, Laws of Florida, by this act, expires July 1,
2140 2020, and the text of those paragraphs shall revert to that in
2141 existence on June 30, 2018, except that any amendments to such
2142 text enacted other than by this act shall be preserved and
2143 continue to operate to the extent that such amendments are not
2144 dependent upon the portions of text which expire pursuant to
2145 this section.
2146 Section 54. In order to implement Specific Appropriation
2147 3210 of the 2019-2020 General Appropriations Act, and
2148 notwithstanding s. 112.061(4), Florida Statutes:
2149 (1)(a) A Supreme Court justice who permanently resides
2150 outside Leon County may have, if he or she so requests, a
2151 district court of appeal courthouse, a county courthouse, or
2152 other appropriate facility in his or her district of residence
2153 designated as his or her official headquarters for purposes of
2154 s. 112.061, Florida Statutes. This official headquarters may
2155 serve only as the justice’s private chambers.
2156 (b) A justice for whom an official headquarters is
2157 designated in his or her district of residence under this
2158 subsection is eligible for subsistence at a rate to be
2159 established by the Chief Justice for each day or partial day
2160 that the justice is at the headquarters of the Supreme Court to
2161 conduct court business. In addition to the subsistence
2162 allowance, a justice is eligible for reimbursement for
2163 transportation expenses as provided in s. 112.061(7), Florida
2164 Statutes, for travel between the justice’s official headquarters
2165 and the headquarters of the Supreme Court to conduct court
2166 business.
2167 (c) Payment of subsistence and reimbursement for
2168 transportation expenses relating to travel between a justice’s
2169 official headquarters and the headquarters of the Supreme Court
2170 shall be made to the extent appropriated funds are available, as
2171 determined by the Chief Justice.
2172 (2) The Chief Justice shall coordinate with each affected
2173 justice and other state and local officials as necessary to
2174 implement paragraph (1)(a).
2175 (3)(a) This section does not require a county to provide
2176 space in a county courthouse for a justice. A county may enter
2177 into an agreement with the Supreme Court governing the use of
2178 space in a county courthouse.
2179 (b) The Supreme Court may not use state funds to lease
2180 space in a district court of appeal courthouse, a county
2181 courthouse, or another facility to allow a justice to establish
2182 an official headquarters pursuant to subsection (1).
2183 (4) This section expires July 1, 2020.
2184 Section 55. In order to implement appropriations used to
2185 pay existing lease contracts for private lease space in excess
2186 of 2,000 square feet in the 2019-2020 General Appropriations
2187 Act, the Department of Management Services, with the cooperation
2188 of the agencies having the existing lease contracts for office
2189 or storage space, shall use tenant broker services to
2190 renegotiate or reprocure all private lease agreements for office
2191 or storage space expiring between July 1, 2020, and June 30,
2192 2022, in order to reduce costs in future years. The department
2193 shall incorporate this initiative into its 2019 master leasing
2194 report required under s. 255.249(7), Florida Statutes, and may
2195 use tenant broker services to explore the possibilities of
2196 collocating office or storage space, to review the space needs
2197 of each agency, and to review the length and terms of potential
2198 renewals or renegotiations. The department shall provide a
2199 report to the Executive Office of the Governor, the President of
2200 the Senate, and the Speaker of the House of Representatives by
2201 November 1, 2019, which lists each lease contract for private
2202 office or storage space, the status of renegotiations, and the
2203 savings achieved. This section expires July 1, 2020.
2204 Section 56. In order to implement Specific Appropriations
2205 2839 through 2850A of the 2019-2020 General Appropriations Act,
2206 and notwithstanding rule 60A-1.031, Florida Administrative Code,
2207 the transaction fee collected for use of the online procurement
2208 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
2209 Florida Statutes, is seven-tenths of 1 percent for the 2019-2020
2210 fiscal year only. This section expires July 1, 2020.
2211 Section 57. In order to implement appropriations authorized
2212 in the 2019-2020 General Appropriations Act for data center
2213 services, and notwithstanding s. 216.292(2)(a), Florida
2214 Statutes, an agency may not transfer funds from a data
2215 processing category to a category other than another data
2216 processing category. This section expires July 1, 2020.
2217 Section 58. In order to implement the appropriation of
2218 funds in the appropriation category “Data Processing Assessment
2219 Agency for State Technology” in the 2019-2020 General
2220 Appropriations Act, and pursuant to the notice, review, and
2221 objection procedures of s. 216.177, Florida Statutes, the
2222 Executive Office of the Governor may transfer funds appropriated
2223 in that category between departments in order to align the
2224 budget authority granted based on the estimated billing cycle
2225 and methodology used by the Agency for State Technology for data
2226 processing services provided. This section expires July 1, 2020.
2227 Section 59. In order to implement the appropriation of
2228 funds in the appropriation category “Special Categories-Risk
2229 Management Insurance” in the 2019-2020 General Appropriations
2230 Act, and pursuant to the notice, review, and objection
2231 procedures of s. 216.177, Florida Statutes, the Executive Office
2232 of the Governor may transfer funds appropriated in that category
2233 between departments in order to align the budget authority
2234 granted with the premiums paid by each department for risk
2235 management insurance. This section expires July 1, 2020.
2236 Section 60. In order to implement the appropriation of
2237 funds in the appropriation category “Special Categories-Transfer
2238 to Department of Management Services-Human Resources Services
2239 Purchased per Statewide Contract” in the 2019-2020 General
2240 Appropriations Act, and pursuant to the notice, review, and
2241 objection procedures of s. 216.177, Florida Statutes, the
2242 Executive Office of the Governor may transfer funds appropriated
2243 in that category between departments in order to align the
2244 budget authority granted with the assessments that must be paid
2245 by each agency to the Department of Management Services for
2246 human resource management services. This section expires July 1,
2247 2020.
2248 Section 61. In order to implement Specific Appropriations
2249 2421 through 2424 of the 2019-2020 General Appropriations Act:
2250 (1) The Department of Financial Services shall replace the
2251 four main components of the Florida Accounting Information
2252 Resource Subsystem (FLAIR), which include central FLAIR,
2253 departmental FLAIR, payroll, and information warehouse, and
2254 shall replace the cash management and accounting management
2255 components of the Cash Management Subsystem (CMS) with an
2256 integrated enterprise system that allows the state to organize,
2257 define, and standardize its financial management business
2258 processes and that complies with ss. 215.90-215.96, Florida
2259 Statutes. The department may not include in the replacement of
2260 FLAIR and CMS:
2261 (a) Functionality that duplicates any of the other
2262 information subsystems of the Florida Financial Management
2263 Information System; or
2264 (b) Agency business processes related to any of the
2265 functions included in the Personnel Information System, the
2266 Purchasing Subsystem, or the Legislative Appropriations
2267 System/Planning and Budgeting Subsystem.
2268 (2) For purposes of replacing FLAIR and CMS, the Department
2269 of Financial Services shall:
2270 (a) Take into consideration the cost and implementation
2271 data identified for Option 3 as recommended in the March 31,
2272 2014, Florida Department of Financial Services FLAIR Study,
2273 version 031.
2274 (b) Ensure that all business requirements and technical
2275 specifications have been provided to all state agencies for
2276 their review and input and approved by the executive steering
2277 committee established in paragraph (c).
2278 (c) Implement a project governance structure that includes
2279 an executive steering committee composed of:
2280 1. The Chief Financial Officer or the executive sponsor of
2281 the project.
2282 2. A representative of the Division of Treasury of the
2283 Department of Financial Services, appointed by the Chief
2284 Financial Officer.
2285 3. A representative of the Division of Information Systems
2286 of the Department of Financial Services, appointed by the Chief
2287 Financial Officer.
2288 4. Four employees from the Division of Accounting and
2289 Auditing of the Department of Financial Services, appointed by
2290 the Chief Financial Officer. Each employee must have experience
2291 relating to at least one of the four main components that
2292 compose FLAIR.
2293 5. Two employees from the Executive Office of the Governor,
2294 appointed by the Governor. One employee must have experience
2295 relating to the Legislative Appropriations System/Planning and
2296 Budgeting Subsystem.
2297 6. One employee from the Department of Revenue, appointed
2298 by the executive director, who has experience relating to the
2299 department’s SUNTAX system.
2300 7. Two employees from the Department of Management
2301 Services, appointed by the Secretary of Management Services. One
2302 employee must have experience relating to the department’s
2303 personnel information subsystem and one employee must have
2304 experience relating to the department’s purchasing subsystem.
2305 8. Three state agency administrative services directors,
2306 appointed by the Governor. One director must represent a
2307 regulatory and licensing state agency and one director must
2308 represent a health care-related state agency.
2309 (3) The Chief Financial Officer or the executive sponsor of
2310 the project shall serve as chair of the executive steering
2311 committee, and the committee shall take action by a vote of at
2312 least eight affirmative votes with the Chief Financial Officer
2313 or the executive sponsor of the project voting on the prevailing
2314 side. A quorum of the executive steering committee consists of
2315 at least 10 members.
2316 (4) The executive steering committee has the overall
2317 responsibility for ensuring that the project to replace FLAIR
2318 and CMS meets its primary business objectives and shall:
2319 (a) Identify and recommend to the Executive Office of the
2320 Governor, the President of the Senate, and the Speaker of the
2321 House of Representatives any statutory changes needed to
2322 implement the replacement subsystem that will standardize, to
2323 the fullest extent possible, the state’s financial management
2324 business processes.
2325 (b) Review and approve any changes to the project’s scope,
2326 schedule, and budget which do not conflict with the requirements
2327 of subsection (1).
2328 (c) Ensure that adequate resources are provided throughout
2329 all phases of the project.
2330 (d) Approve all major project deliverables.
2331 (e) Approve all solicitation-related documents associated
2332 with the replacement of FLAIR and CMS.
2333 (5) This section expires July 1, 2020.
2334 Section 62. In order to implement Specific Appropriations
2335 2782 through 2793A of the 2019-2020 General Appropriations Act,
2336 all powers, duties, functions, records, personnel, property,
2337 pending issues and existing contracts, administrative authority,
2338 and administrative rules in chapter 74-3, Florida Administrative
2339 Code, of the Budget and Policy Section and the Cost Recovery and
2340 Billing Section within the Agency for State Technology are
2341 transferred by a type two transfer, as defined in s. 20.06(2),
2342 Florida Statutes, to the Department of Management Services. This
2343 section expires July 1, 2020.
2344 Section 63. In order to implement Specific Appropriation
2345 2624 of the 2019-2020 General Appropriations Act, paragraph (d)
2346 is added to subsection (4) of section 112.061, Florida Statutes,
2347 to read:
2348 112.061 Per diem and travel expenses of public officers,
2349 employees, and authorized persons.—
2350 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2351 officer or employee assigned to an office shall be the city or
2352 town in which the office is located except that:
2353 (d) A Lieutenant Governor who permanently resides outside
2354 of Leon County, may, if he or she so requests, have an
2355 appropriate facility in his or her county designated as his or
2356 her official headquarters for purposes of this section. This
2357 official headquarters may only serve as the Lieutenant
2358 Governor’s personal office. The Lieutenant Governor may not use
2359 state funds to lease space in any facility for his or her
2360 official headquarters.
2361 1. A Lieutenant Governor for whom an official headquarters
2362 is established in his or her county of residence pursuant to
2363 this paragraph is eligible for subsistence at a rate to be
2364 established by the Governor for each day or partial day that the
2365 Lieutenant Governor is at the State Capitol to conduct official
2366 state business. In addition to the subsistence allowance, a
2367 Lieutenant Governor is eligible for reimbursement for
2368 transportation expenses as provided in subsection (7) for travel
2369 between the Lieutenant Governor’s official headquarters and the
2370 State Capitol to conduct state business.
2371 2. Payment of subsistence and reimbursement for
2372 transportation between a Lieutenant Governor’s official
2373 headquarters and the State Capitol shall be made to the extent
2374 appropriated funds are available, as determined by the Governor.
2375 3. This paragraph expires July 1, 2020.
2376 Section 64. In order to implement Specific Appropriations
2377 2782 through 2793A of the 2019-2020 General Appropriations Act,
2378 subsection (4) of section 20.22, Florida Statutes, is amended to
2379 read:
2380 20.22 Department of Management Services.—There is created a
2381 Department of Management Services.
2382 (4) The Department of Management Services shall provide the
2383 Agency for State Technology with financial management oversight.
2384 The agency shall provide the department all documents and
2385 necessary information, as requested, to meet the requirements of
2386 this section. The department’s financial management oversight
2387 includes:
2388 (a) Developing and implementing cost-recovery mechanisms
2389 for the administrative and data center costs of services through
2390 agency assessments of applicable customer entities. Such cost
2391 recovery mechanisms must comply with applicable state and
2392 federal regulations concerning the distribution and use of funds
2393 and must ensure that, for each fiscal year, no service or
2394 customer entity subsidizes another service or customer entity.
2395 (b) Implementing an annual reconciliation process to ensure
2396 that each customer entity is paying for the full direct and
2397 indirect cost of each service as determined by the customer
2398 entity’s use of each service.
2399 (c) Providing rebates that may be credited against future
2400 billings to customer entities when revenues exceed costs.
2401 (d) Requiring each customer entity to transfer sufficient
2402 funds into the appropriate data processing appropriation
2403 category before implementing a customer entity’s request for a
2404 change in the type or level of service provided, if such change
2405 results in a net increase to the customer entity’s costs for
2406 that fiscal year.
2407 (e) By October 1, 2019 2018, providing to each customer
2408 entity’s agency head the estimated agency assessment cost by the
2409 Agency for State Technology for the following fiscal year. The
2410 agency assessment cost of each customer entity includes
2411 administrative and data center services costs of the agency.
2412 (f) Preparing the legislative budget request for the Agency
2413 for State Technology based on the issues requested and approved
2414 by the executive director of the Agency for State Technology.
2415 Upon the approval of the agency’s executive director, the
2416 Department of Management Services shall transmit the agency’s
2417 legislative budget request to the Governor and the Legislature
2418 pursuant to s. 216.023.
2419 (g) Providing a plan for consideration by the Legislative
2420 Budget Commission if the Agency for State Technology increases
2421 the cost of a service for a reason other than a customer
2422 entity’s request made under paragraph (d). Such a plan is
2423 required only if the service cost increase results in a net
2424 increase to a customer entity.
2425 (h) Providing a timely invoicing methodology to recover the
2426 cost of services provided to the customer entity pursuant to s.
2427 215.422.
2428 (i) Providing an annual reconciliation process of prior
2429 year expenditures completed on a timely basis and overall budget
2430 management pursuant to chapter 216.
2431
2432 (j) This subsection expires July 1, 2020 2019.
2433 Section 65. In order to implement Specific Appropriations
2434 1573 through 1579A of the 2019-2020 General Appropriations Act,
2435 subsection (9) of section 20.255, Florida Statutes, is amended
2436 to read:
2437 20.255 Department of Environmental Protection.—There is
2438 created a Department of Environmental Protection.
2439 (9) The department shall act as the lead agency of the
2440 executive branch for the development and review of policies,
2441 practices, and standards related to geospatial data. The
2442 department shall coordinate and promote geospatial data sharing
2443 throughout the state government and serve as the primary point
2444 of contact for statewide geographic information systems
2445 projects, grants, and resources. This subsection expires July 1,
2446 2020 2019.
2447 Section 66. Effective July 1, 2019, and upon the expiration
2448 and reversion of the amendments made to section 20.61, Florida
2449 Statutes, pursuant to section 61 of chapter 2018-10, Laws of
2450 Florida, and in order to implement Specific Appropriation 3008A
2451 of the 2019-2020 General Appropriations Act, section 20.61,
2452 Florida Statutes, is amended to read:
2453 20.61 Agency for State Technology.—The Agency for State
2454 Technology is created within the Department of Management
2455 Services. The agency is a separate budget program and is not
2456 subject to control, supervision, or direction by the Department
2457 of Management Services, including, but not limited to,
2458 purchasing, transactions involving real or personal property, or
2459 personnel, with the exception of financial management, which
2460 shall be provided by the Department of Management Services
2461 pursuant to s. 20.22, and or budgetary matters.
2462 (1)(a) The executive director of the agency shall serve as
2463 the state’s chief information officer and shall be appointed by
2464 the Governor, subject to confirmation by the Senate.
2465 (b) The executive director must be a proven, effective
2466 administrator who preferably has executive-level experience in
2467 both the public and private sectors in development and
2468 implementation of information technology strategic planning;
2469 management of enterprise information technology projects,
2470 particularly management of large-scale consolidation projects;
2471 and development and implementation of fiscal and substantive
2472 information technology policy.
2473 (2) The following positions are established within the
2474 agency, all of whom shall be appointed by the executive
2475 director:
2476 (a) Deputy executive director, who shall serve as the
2477 deputy chief information officer.
2478 (b) Chief planning officer and six strategic planning
2479 coordinators. One coordinator shall be assigned to each of the
2480 following major program areas: health and human services,
2481 education, government operations, criminal and civil justice,
2482 agriculture and natural resources, and transportation and
2483 economic development. The duties and responsibilities of
2484 strategic planning coordinators include the following:
2485 1. Conducting quarterly meetings with customers to identify
2486 performance improvements, monitor agency performance metrics,
2487 and publish an annual report on the agency’s performance by
2488 January 5 of each year.
2489 2. Conducting research on innovative information technology
2490 and identifying current initiatives by other state, local, or
2491 federal agencies that align with these innovations.
2492 3. Producing an annual Information Technology Strategic
2493 Plan including, at a minimum, a portfolio of IT projects for the
2494 state; the status of and future goals for the state’s security
2495 of information technology resources; disaster recovery for the
2496 state’s information technology infrastructure and applications;
2497 and the transitioning of information technology resources to a
2498 cloud platform, service, or infrastructure by January 5 of each
2499 year.
2500 4. Reviewing and making recommendations on state agencies’
2501 budget requests related to information technology resources.
2502 5. Monitoring information technology procurements by state
2503 agencies, as provided in s. 282.0051(6).
2504 (c) Chief data center operations officer, who shall have 10
2505 years of experience leading and operating a data center facility
2506 and expertise in cloud computing management.
2507 (d) Chief information security officer.
2508 (e) Chief technology officer.
2509 (3) The Technology Advisory Council, consisting of seven
2510 members, is established within the Agency for State Technology
2511 and shall be maintained pursuant to s. 20.052. Four members of
2512 the council shall be appointed by the Governor, two of whom must
2513 be from the private sector and one of whom must be a
2514 cybersecurity expert. The President of the Senate and the
2515 Speaker of the House of Representatives shall each appoint one
2516 member of the council. The Attorney General, the Commissioner of
2517 Agriculture and Consumer Services, and the Chief Financial
2518 Officer shall jointly appoint one member by agreement of a
2519 majority of these officers. Upon initial establishment of the
2520 council, two of the Governor’s appointments shall be for 2-year
2521 terms. Thereafter, all appointments shall be for 4-year terms.
2522 (a) The council shall consider and make recommendations to
2523 the executive director on such matters as enterprise information
2524 technology policies, standards, services, and architecture. The
2525 council may also identify and recommend opportunities for the
2526 establishment of public-private partnerships when considering
2527 technology infrastructure and services in order to accelerate
2528 project delivery and provide a source of new or increased
2529 project funding.
2530 (b) The executive director shall consult with the council
2531 with regard to executing the duties and responsibilities of the
2532 agency related to statewide information technology strategic
2533 planning and policy.
2534 (c) The council shall be governed by the Code of Ethics for
2535 Public Officers and Employees as set forth in part III of
2536 chapter 112, and each member must file a statement of financial
2537 interests pursuant to s. 112.3145.
2538 Section 67. The amendment to s. 20.61, Florida Statutes, by
2539 this act expires July 1, 2020, and the text of that section
2540 shall revert to that in existence on June 30, 2018, except that
2541 any amendments to such text enacted other than by this act shall
2542 be preserved and continue to operate to the extent that such
2543 amendments are not dependent upon the portions of text which
2544 expire pursuant to this section.
2545 Section 68. In order to implement Specific Appropriations
2546 3008A through 3008Z of the 2019-2020 General Appropriations Act,
2547 and notwithstanding the expiration date in section 61 of chapter
2548 2018-10, Laws of Florida, subsections (5), (20), and (28) of
2549 section 282.0041, Florida Statutes, are reenacted to read:
2550 282.0041 Definitions.—As used in this chapter, the term:
2551 (5) “Customer entity” means an entity that obtains services
2552 from the Agency for State Technology.
2553 (20) “Service-level agreement” means a written contract
2554 between the Agency for State Technology and a customer entity
2555 which specifies the scope of services provided, service level,
2556 the duration of the agreement, the responsible parties, and
2557 agency assessment costs, which include administrative and data
2558 center costs. A service-level agreement is not a rule pursuant
2559 to chapter 120.
2560 (28) “Agency assessment” means the amount each customer
2561 entity must pay annually for services from the Agency for State
2562 Technology and includes administrative and data center services
2563 costs.
2564 Section 69. In order to implement Specific Appropriations
2565 3008H through 3008Z of the 2019-2020 General Appropriations Act,
2566 and notwithstanding the expiration date in section 61 of chapter
2567 2018-10, Laws of Florida, subsection (11) of section 282.0051,
2568 Florida Statutes, is reenacted to read:
2569 282.0051 Agency for State Technology; powers, duties, and
2570 functions.—The Agency for State Technology shall have the
2571 following powers, duties, and functions:
2572 (11) Provide operational management and oversight of the
2573 state data center established pursuant to s. 282.201, which
2574 includes:
2575 (a) Implementing industry standards and best practices for
2576 the state data center’s facilities, operations, maintenance,
2577 planning, and management processes.
2578 (b) Developing and implementing appropriate operating
2579 guidelines and procedures necessary for the state data center to
2580 perform its duties pursuant to s. 282.201. The guidelines and
2581 procedures must comply with applicable state and federal laws,
2582 regulations, and policies and conform to generally accepted
2583 governmental accounting and auditing standards. The guidelines
2584 and procedures must include, but not be limited to:
2585 1. Implementing a consolidated administrative support
2586 structure responsible for providing procurement, transactions
2587 involving real or personal property, human resources, and
2588 operational support.
2589 2. Standardizing and consolidating procurement and
2590 contracting practices.
2591 (c) In collaboration with the Department of Law
2592 Enforcement, developing and implementing a process for
2593 detecting, reporting, and responding to information technology
2594 security incidents, breaches, and threats.
2595 (d) Adopting rules relating to the operation of the state
2596 data center.
2597 (e) Beginning May 1, 2016, and annually thereafter,
2598 conducting a market analysis to determine whether the state’s
2599 approach to the provision of data center services is the most
2600 effective and efficient manner by which its customer entities
2601 can acquire such services, based on federal, state, and local
2602 government trends; best practices in service provision; and the
2603 acquisition of new and emerging technologies. The results of the
2604 market analysis shall assist the state data center in making
2605 adjustments to its data center service offerings.
2606 Section 70. In order to implement Specific Appropriation
2607 3008F of the 2019-2020 General Appropriations Act, and
2608 notwithstanding the expiration date in section 61 of chapter
2609 2018-10, Laws of Florida, paragraph (d) of subsection (2) of
2610 section 282.201, Florida Statutes, is reenacted to read:
2611 282.201 State data center.—The state data center is
2612 established within the Agency for State Technology and shall
2613 provide data center services that are hosted on premises or
2614 externally through a third-party provider as an enterprise
2615 information technology service. The provision of data center
2616 services must comply with applicable state and federal laws,
2617 regulations, and policies, including all applicable security,
2618 privacy, and auditing requirements.
2619 (2) STATE DATA CENTER DUTIES.—The state data center shall:
2620 (d) Enter into a service-level agreement with each customer
2621 entity to provide the required type and level of service or
2622 services. If a customer entity fails to execute an agreement
2623 within 60 days after commencement of a service, the state data
2624 center may cease service. A service-level agreement may not have
2625 a term exceeding 3 years and at a minimum must:
2626 1. Identify the parties and their roles, duties, and
2627 responsibilities under the agreement.
2628 2. State the duration of the contract term and specify the
2629 conditions for renewal.
2630 3. Identify the scope of work.
2631 4. Identify the products or services to be delivered with
2632 sufficient specificity to permit an external financial or
2633 performance audit.
2634 5. Establish the services to be provided, the business
2635 standards that must be met for each service, the cost of each
2636 service, and the metrics and processes by which the business
2637 standards for each service are to be objectively measured and
2638 reported.
2639 6. Provide a procedure for modifying the service-level
2640 agreement based on changes in the type, level, and cost of a
2641 service.
2642 7. Include a right-to-audit clause to ensure that the
2643 parties to the agreement have access to records for audit
2644 purposes during the term of the service-level agreement.
2645 8. Provide that a service-level agreement may be terminated
2646 by either party for cause only after giving the other party and
2647 the Agency for State Technology notice in writing of the cause
2648 for termination and an opportunity for the other party to
2649 resolve the identified cause within a reasonable period.
2650 9. Provide for mediation of disputes by the Division of
2651 Administrative Hearings pursuant to s. 120.573.
2652 Section 71. The text of s. 282.0041(5), (20), and (28); s.
2653 282.0051(11); and s. 282.201(2)(d), Florida Statutes, as carried
2654 forward from chapter 2018-10, Laws of Florida, by this act,
2655 expire July 1, 2020, and the text of those subsections and
2656 paragraph, as applicable, shall revert to that in existence on
2657 June 30, 2018, except that any amendments to such text enacted
2658 other than by this act shall be preserved and continue to
2659 operate to the extent that such amendments are not dependent
2660 upon the portions of text which expire pursuant to this section.
2661 Section 72. In order to implement Specific Appropriation
2662 3109 of the 2019-2020 General Appropriations Act, subsection (1)
2663 of section 409.2567, Florida Statutes, is amended to read:
2664 409.2567 Services to individuals not otherwise eligible.—
2665 (1) All support services provided by the department shall
2666 be made available on behalf of all dependent children. Services
2667 shall be provided upon acceptance of public assistance or upon
2668 proper application filed with the department. The federally
2669 required application fee for individuals who do not receive
2670 public assistance is $1, which shall be waived for all
2671 applicants and paid by the department. The annual fee required
2672 under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
2673 for cases involving an individual who has never received
2674 temporary cash assistance and for whom the department has
2675 collected the federally required amount at least $500 of support
2676 shall be paid by the department.
2677 Section 73. The amendment to s. 409.2567(1), Florida
2678 Statutes, by this act expires July 1, 2020, and the text of that
2679 subsection shall revert to that in existence on June 30, 2019,
2680 except that any amendments to such text enacted other than by
2681 this act shall be preserved and continue to operate to the
2682 extent that such amendments are not dependent upon the portions
2683 of text which expire pursuant to this section.
2684 Section 74. In order to implement Specific Appropriations
2685 1654 through 1656 of the 2019-2020 General Appropriations Act,
2686 paragraph (d) of subsection (11) of section 216.181, Florida
2687 Statutes, is amended to read:
2688 216.181 Approved budgets for operations and fixed capital
2689 outlay.—
2690 (11)
2691 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
2692 for the 2019-2020 2018-2019 fiscal year only, the Legislative
2693 Budget Commission may increase the amounts appropriated to the
2694 Fish and Wildlife Conservation Commission or the Department of
2695 Environmental Protection for fixed capital outlay projects,
2696 including additional fixed capital outlay projects, using funds
2697 provided to the state from the Gulf Environmental Benefit Fund
2698 administered by the National Fish and Wildlife Foundation; funds
2699 provided to the state from the Gulf Coast Restoration Trust Fund
2700 related to the Resources and Ecosystems Sustainability, Tourist
2701 Opportunities, and Revived Economies of the Gulf Coast Act of
2702 2012 (RESTORE Act); or funds provided by the British Petroleum
2703 Corporation (BP) for natural resource damage assessment
2704 restoration projects. Concurrent with submission of an amendment
2705 to the Legislative Budget Commission pursuant to this paragraph,
2706 any project that carries a continuing commitment for future
2707 appropriations by the Legislature must be specifically
2708 identified, together with the projected amount of the future
2709 commitment associated with the project and the fiscal years in
2710 which the commitment is expected to commence. This paragraph
2711 expires July 1, 2020 2019.
2712
2713 The provisions of this subsection are subject to the notice and
2714 objection procedures set forth in s. 216.177.
2715 Section 75. In order to implement specific appropriations
2716 from the land acquisition trust funds within the Department of
2717 Agriculture and Consumer Services, the Department of
2718 Environmental Protection, the Department of State, and the Fish
2719 and Wildlife Conservation Commission, which are contained in the
2720 2019-2020 General Appropriations Act, subsection (3) of section
2721 215.18, Florida Statutes, is amended to read:
2722 215.18 Transfers between funds; limitation.—
2723 (3) Notwithstanding subsection (1) and only with respect to
2724 a land acquisition trust fund in the Department of Agriculture
2725 and Consumer Services, the Department of Environmental
2726 Protection, the Department of State, or the Fish and Wildlife
2727 Conservation Commission, whenever there is a deficiency in a
2728 land acquisition trust fund which would render that trust fund
2729 temporarily insufficient to meet its just requirements,
2730 including the timely payment of appropriations from that trust
2731 fund, and other trust funds in the State Treasury have moneys
2732 that are for the time being or otherwise in excess of the
2733 amounts necessary to meet the just requirements, including
2734 appropriated obligations, of those other trust funds, the
2735 Governor may order a temporary transfer of moneys from one or
2736 more of the other trust funds to a land acquisition trust fund
2737 in the Department of Agriculture and Consumer Services, the
2738 Department of Environmental Protection, the Department of State,
2739 or the Fish and Wildlife Conservation Commission. Any action
2740 proposed pursuant to this subsection is subject to the notice,
2741 review, and objection procedures of s. 216.177, and the Governor
2742 shall provide notice of such action at least 7 days before the
2743 effective date of the transfer of trust funds, except that
2744 during July 2019 2018, notice of such action shall be provided
2745 at least 3 days before the effective date of a transfer unless
2746 such 3-day notice is waived by the chair and vice-chair of the
2747 Legislative Budget Commission. Any transfer of trust funds to a
2748 land acquisition trust fund in the Department of Agriculture and
2749 Consumer Services, the Department of Environmental Protection,
2750 the Department of State, or the Fish and Wildlife Conservation
2751 Commission must be repaid to the trust funds from which the
2752 moneys were loaned by the end of the 2019-2020 2018-2019 fiscal
2753 year. The Legislature has determined that the repayment of the
2754 other trust fund moneys temporarily loaned to a land acquisition
2755 trust fund in the Department of Agriculture and Consumer
2756 Services, the Department of Environmental Protection, the
2757 Department of State, or the Fish and Wildlife Conservation
2758 Commission pursuant to this subsection is an allowable use of
2759 the moneys in a land acquisition trust fund because the moneys
2760 from other trust funds temporarily loaned to a land acquisition
2761 trust fund shall be expended solely and exclusively in
2762 accordance with s. 28, Art. X of the State Constitution. This
2763 subsection expires July 1, 2020 2019.
2764 Section 76. (1) In order to implement specific
2765 appropriations from the land acquisition trust funds within the
2766 Department of Agriculture and Consumer Services, the Department
2767 of Environmental Protection, the Department of State, and the
2768 Fish and Wildlife Conservation Commission, which are contained
2769 in the 2019-2020 General Appropriations Act, the Department of
2770 Environmental Protection shall transfer revenues from the Land
2771 Acquisition Trust Fund within the department to the land
2772 acquisition trust funds within the Department of Agriculture and
2773 Consumer Services, the Department of State, and the Fish and
2774 Wildlife Conservation Commission, as provided in this section.
2775 As used in this section, the term “department” means the
2776 Department of Environmental Protection.
2777 (2) After subtracting any required debt service payments,
2778 the proportionate share of revenues to be transferred to each
2779 land acquisition trust fund shall be calculated by dividing the
2780 appropriations from each of the land acquisition trust funds for
2781 the fiscal year by the total appropriations from the Land
2782 Acquisition Trust Fund within the department and the land
2783 acquisition trust funds within the Department of Agriculture and
2784 Consumer Services, the Department of State, and the Fish and
2785 Wildlife Conservation Commission for the fiscal year. The
2786 department shall transfer the proportionate share of the
2787 revenues in the Land Acquisition Trust Fund within the
2788 department on a monthly basis to the appropriate land
2789 acquisition trust funds within the Department of Agriculture and
2790 Consumer Services, the Department of State, and the Fish and
2791 Wildlife Conservation Commission and shall retain its
2792 proportionate share of the revenues in the Land Acquisition
2793 Trust Fund within the department. Total distributions to a land
2794 acquisition trust fund within the Department of Agriculture and
2795 Consumer Services, the Department of State, and the Fish and
2796 Wildlife Conservation Commission may not exceed the total
2797 appropriations from such trust fund for the fiscal year.
2798 (3) In addition, the department shall transfer from the
2799 Land Acquisition Trust Fund to land acquisition trust funds
2800 within the Department of Agriculture and Consumer Services, the
2801 Department of State, and the Fish and Wildlife Conservation
2802 Commission amounts equal to the difference between the amounts
2803 appropriated in chapter 2018-9, Laws of Florida, to the
2804 department’s Land Acquisition Trust Fund and the other land
2805 acquisition trust funds, and the amounts actually transferred
2806 between those trust funds during the 2018-2019 fiscal year.
2807 (4) The department may advance funds from the beginning
2808 unobligated fund balance in the Land Acquisition Trust Fund to
2809 the Land Acquisition Trust Fund within the Fish and Wildlife
2810 Conservation Commission needed for cash flow purposes based on a
2811 detailed expenditure plan. The department shall prorate amounts
2812 transferred quarterly to the Fish and Wildlife Conservation
2813 Commission to recoup the amount of funds advanced by June 30,
2814 2020.
2815 (5) This section expires July 1, 2020.
2816 Section 77. In order to implement Specific Appropriation
2817 1640 of the 2019-2020 General Appropriations Act, and
2818 notwithstanding the expiration date in section 68 of chapter
2819 2018-10, Laws of Florida, paragraph (a) of subsection (6) of
2820 section 373.470, Florida Statutes, is reenacted to read:
2821 373.470 Everglades restoration.—
2822 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
2823 (a) Except as provided in paragraphs (d) and (e) and for
2824 funds appropriated for debt service, the department shall
2825 distribute funds in the Save Our Everglades Trust Fund to the
2826 district in accordance with a legislative appropriation and s.
2827 373.026(8)(b). Distribution of funds to the district from the
2828 Save Our Everglades Trust Fund or the Land Acquisition Trust
2829 Fund shall be equally matched by the cumulative contributions
2830 from the district by fiscal year 2019-2020 by providing funding
2831 or credits toward project components. The dollar value of in
2832 kind project design and construction work by the district in
2833 furtherance of the comprehensive plan and existing interest in
2834 public lands needed for a project component are credits towards
2835 the district’s contributions.
2836 Section 78. The text of s. 373.470(6)(a), Florida Statutes,
2837 as carried forward from chapter 2017-71, Laws of Florida, by
2838 this act, expires July 1, 2020, and the text of that paragraph
2839 shall revert to that in existence on June 30, 2017, except that
2840 any amendments to such text enacted other than by this act shall
2841 be preserved and continue to operate to the extent that such
2842 amendments are not dependent upon the portions of text which
2843 expire pursuant to this section.
2844 Section 79. In order to implement Specific Appropriation
2845 1781 of the 2019-2020 General Appropriations Act, paragraph (e)
2846 of subsection (11) of section 216.181, Florida Statutes, is
2847 amended to read:
2848 216.181 Approved budgets for operations and fixed capital
2849 outlay.—
2850 (11)
2851 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
2852 for the 2019-2020 2018-2019 fiscal year only, the Legislative
2853 Budget Commission may increase the amounts appropriated to the
2854 Department of Environmental Protection for fixed capital outlay
2855 projects using funds provided to the state from the
2856 environmental mitigation trust administered by a trustee
2857 designated by the United States District Court for the Northern
2858 District of California for eligible mitigation actions and
2859 mitigation action expenditures described in the partial consent
2860 decree entered into between the United States of America and
2861 Volkswagen relating to violations of the Clean Air Act.
2862 Concurrent with submission of an amendment to the Legislative
2863 Budget Commission pursuant to this paragraph, any project that
2864 carries a continuing commitment for future appropriations by the
2865 Legislature must be specifically identified, together with the
2866 projected amount of the future commitment associated with the
2867 project and the fiscal years in which the commitment is expected
2868 to commence. This paragraph expires July 1, 2020 2019.
2869
2870 The provisions of this subsection are subject to the notice and
2871 objection procedures set forth in s. 216.177.
2872 Section 80. In order to implement Specific Appropriation
2873 1607 of the 2019-2020 General Appropriations Act, paragraph (m)
2874 of subsection (3) of section 259.105, Florida Statutes, is
2875 amended to read:
2876 259.105 The Florida Forever Act.—
2877 (3) Less the costs of issuing and the costs of funding
2878 reserve accounts and other costs associated with bonds, the
2879 proceeds of cash payments or bonds issued pursuant to this
2880 section shall be deposited into the Florida Forever Trust Fund
2881 created by s. 259.1051. The proceeds shall be distributed by the
2882 Department of Environmental Protection in the following manner:
2883 (m) Notwithstanding paragraphs (a)-(j) and for the 2019
2884 2020 2018-2019 fiscal year, only:
2885 1. the amount of $45 million $77 million to only the
2886 Division of State Lands within the Department of Environmental
2887 Protection for the Board of Trustees Florida Forever Priority
2888 List land acquisition projects. This paragraph expires July 1,
2889 2020.
2890 2. The amount of $10 million to the Department of
2891 Environmental Protection for use by the Florida Communities
2892 Trust for the purposes of part III of chapter 380, as described
2893 and limited by this subsection, and grants to local governments
2894 or nonprofit environmental organizations that are tax-exempt
2895 under s. 501(c)(3) of the United States Internal Revenue Code
2896 for the acquisition of community-based projects, urban open
2897 spaces, parks, and greenways to implement local government
2898 comprehensive plans. From funds available to the trust and used
2899 for land acquisition, 75 percent shall be matched by local
2900 governments on a dollar-for-dollar basis. The Legislature
2901 intends that the Florida Communities Trust emphasize funding
2902 projects in low-income or otherwise disadvantaged communities
2903 and projects that provide areas for direct water access and
2904 water-dependent facilities that are open to the public and offer
2905 public access by vessels to waters of the state, including boat
2906 ramps and associated parking and other support facilities. At
2907 least 30 percent of the total allocation provided to the trust
2908 shall be used in Standard Metropolitan Statistical Areas, but
2909 one-half of that amount shall be used in localities in which the
2910 project site is located in built-up commercial, industrial, or
2911 mixed-use areas and functions to intersperse open spaces within
2912 congested urban core areas. From funds allocated to the trust,
2913 no less than 5 percent shall be used to acquire lands for
2914 recreational trail systems, provided that in the event these
2915 funds are not needed for such projects, they will be available
2916 for other trust projects. Local governments may use federal
2917 grants or loans, private donations, or environmental mitigation
2918 funds for any part or all of any local match required for
2919 acquisitions funded through the Florida Communities Trust. Any
2920 lands purchased by nonprofit organizations using funds allocated
2921 under this paragraph must provide for such lands to remain
2922 permanently in public use through a reversion of title to local
2923 or state government, conservation easement, or other appropriate
2924 mechanism. Projects funded with funds allocated to the trust
2925 shall be selected in a competitive process measured against
2926 criteria adopted in rule by the trust.
2927 3. The sum of $2 million to the Department of Environmental
2928 Protection for the acquisition of land and capital project
2929 expenditures necessary to implement the Stan Mayfield Working
2930 Waterfronts Program within the Florida Communities Trust
2931 pursuant to s. 380.5105.
2932 4. The sum of $2 million to the Department of Environmental
2933 Protection for grants pursuant to s. 375.075(1)-(4).
2934
2935 This paragraph expires July 1, 2019.
2936 Section 81. In order to implement Specific Appropriation
2937 1642 of the 2019-2020 General Appropriations Act, subsection (6)
2938 is added to section 206.9935, Florida Statutes, to read:
2939 206.9935 Taxes imposed.—
2940 (6) The sum of $40 million shall be transferred from the
2941 amount credited to the Inland Protection Trust Fund pursuant to
2942 subsection (3) to the Water Protection and Sustainability
2943 Program Trust Fund and used for the purposes specified in s.
2944 373.707. This subsection expires July 1, 2020.
2945 Section 82. In order to implement Specific Appropriation
2946 1642 of the 2019-2020 General Appropriations Act, paragraph (a)
2947 of subsection (6) of section 373.707, Florida Statutes, is
2948 amended to read:
2949 373.707 Alternative water supply development.—
2950 (6)(a) If state funds are provided through specific
2951 appropriation or pursuant to the Water Protection and
2952 Sustainability Program, such funds serve to supplement existing
2953 water management district or basin board funding for alternative
2954 water supply development assistance and should not result in a
2955 reduction of such funding. For each project identified in the
2956 annual funding plans prepared pursuant to s. 373.536(6)(a)4.,
2957 the water management districts shall include in the annual
2958 tentative and adopted budget submittals required under this
2959 chapter the amount of funds allocated for water resource
2960 development that supports alternative water supply development
2961 and the funds allocated for alternative water supply projects.
2962 Each It shall be the goal of each water management district and
2963 basin board shall allocate boards that the combined funds
2964 allocated annually for these purposes be, at a minimum, the
2965 equivalent of 100 percent of the state funding provided to the
2966 water management district for the alternative water supply
2967 project development. If this goal is not achieved, the water
2968 management district shall provide in the budget submittal an
2969 explanation of the reasons or constraints that prevent this goal
2970 from being met and an explanation of how the goal will be met in
2971 future years, and affirmation of match is required during the
2972 budget review process as established under s. 373.536(5). The
2973 Suwannee River Water Management District and the Northwest
2974 Florida Water Management District are shall not be required to
2975 meet the match requirements of this paragraph; however, they
2976 shall try to achieve the match requirement to the greatest
2977 extent practicable.
2978 Section 83. The amendment to s. 373.707(6)(a), Florida
2979 Statutes, by this act expires July 1, 2020, and the text of that
2980 paragraph shall revert to that in existence on June 30, 2019,
2981 except that any amendments to such text enacted other than by
2982 this act shall be preserved and continue to operate to the
2983 extent that such amendments are not dependent upon the portions
2984 of text which expire pursuant to this section.
2985 Section 84. In order to implement Specific Appropriation
2986 2682 of the 2019-2020 General Appropriations Act, paragraph (b)
2987 of subsection (3) and subsection (5) of section 321.04, Florida
2988 Statutes, are amended to read:
2989 321.04 Personnel of the highway patrol; rank
2990 classifications; probationary status of new patrol officers;
2991 subsistence; special assignments.—
2992 (3)
2993 (b) For the 2019-2020 2018-2019 fiscal year only, upon the
2994 request of the Governor, the Department of Highway Safety and
2995 Motor Vehicles shall assign one or more patrol officers to the
2996 office of the patrol officer shall be assigned to the Lieutenant
2997 Governor for security services. This paragraph expires July 1,
2998 2020 2019.
2999 (5) For the 2019-2020 2018-2019 fiscal year only, the
3000 assignment of a patrol officer by the department shall include a
3001 Cabinet member specified in s. 4, Art. IV of the State
3002 Constitution if deemed appropriate by the department or in
3003 response to a threat and upon written request of such Cabinet
3004 member. This subsection expires July 1, 2020 2019.
3005 Section 85. In order to implement Specific Appropriations
3006 2316 and 2316A of the 2019-2020 General Appropriations Act,
3007 subsection (3) of section 420.9079, Florida Statutes, is amended
3008 to read:
3009 420.9079 Local Government Housing Trust Fund.—
3010 (3) For the 2019-2020 2018-2019 fiscal year, funds may be
3011 used as provided in the General Appropriations Act. This
3012 subsection expires July 1, 2020 2019.
3013 Section 86. In order to implement Specific Appropriations
3014 2315, 2316, and 2316A of the 2019-2020 General Appropriations
3015 Act, subsection (2) of section 420.0005, Florida Statutes, is
3016 amended to read:
3017 420.0005 State Housing Trust Fund; State Housing Fund.—
3018 (2) For the 2019-2020 2018-2019 fiscal year, funds may be
3019 used as provided in the General Appropriations Act. This
3020 subsection expires July 1, 2020 2019.
3021 Section 87. In order to implement Specific Appropriations
3022 1939 through 1952, 1958 through 1961, 1974 through 1982, 1984
3023 through 1993, and 2033 through 2045 of the 2019-2020 General
3024 Appropriations Act, paragraph (g) of subsection (7) of section
3025 339.135, Florida Statutes, is amended to read:
3026 339.135 Work program; legislative budget request;
3027 definitions; preparation, adoption, execution, and amendment.—
3028 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
3029 (g)1. Any work program amendment which also requires the
3030 transfer of fixed capital outlay appropriations between
3031 categories within the department or the increase of an
3032 appropriation category is subject to the approval of the
3033 Legislative Budget Commission.
3034 2. If a meeting of the Legislative Budget Commission cannot
3035 be held within 30 days after the department submits an amendment
3036 to the Legislative Budget Commission, the chair and vice chair
3037 of the Legislative Budget Commission may authorize such
3038 amendment to be approved pursuant to s. 216.177. This
3039 subparagraph expires July 1, 2020.
3040 Section 88. In order to implement Specific Appropriation
3041 1975 of the 2019-2020 General Appropriations Act, subsection (8)
3042 is added to section 339.2818, Florida Statutes, to read:
3043 339.2818 Small County Outreach Program.—
3044 (8) Subject to a specific appropriation in addition to
3045 funds annually appropriated for projects under this section, a
3046 county or a municipality that is within a county designated in
3047 the Federal Emergency Management Agency disaster declaration DR
3048 4399 may compete for the additional project funding using the
3049 criteria listed in subsection (4) at up to 100 percent of
3050 project costs to repair damage due to Hurricane Michael,
3051 excluding capacity improvement projects. This subsection expires
3052 July 1, 2020.
3053 Section 89. In order to implement the salaries and
3054 benefits, expenses, other personal services, contracted
3055 services, special categories, and operating capital outlay
3056 categories of the 2019-2020 General Appropriations Act,
3057 paragraph (a) of subsection (2) of section 216.292, Florida
3058 Statutes, is amended to read:
3059 216.292 Appropriations nontransferable; exceptions.—
3060 (2) The following transfers are authorized to be made by
3061 the head of each department or the Chief Justice of the Supreme
3062 Court whenever it is deemed necessary by reason of changed
3063 conditions:
3064 (a) The transfer of appropriations funded from identical
3065 funding sources, except appropriations for fixed capital outlay,
3066 and the transfer of amounts included within the total original
3067 approved budget and plans of releases of appropriations as
3068 furnished pursuant to ss. 216.181 and 216.192, as follows:
3069 1. Between categories of appropriations within a budget
3070 entity, if no category of appropriation is increased or
3071 decreased by more than 5 percent of the original approved budget
3072 or $250,000, whichever is greater, by all action taken under
3073 this subsection.
3074 2. Between budget entities within identical categories of
3075 appropriations, if no category of appropriation is increased or
3076 decreased by more than 5 percent of the original approved budget
3077 or $250,000, whichever is greater, by all action taken under
3078 this subsection.
3079 3. Any agency exceeding salary rate established pursuant to
3080 s. 216.181(8) on June 30th of any fiscal year shall not be
3081 authorized to make transfers pursuant to subparagraphs 1. and 2.
3082 in the subsequent fiscal year.
3083 4. Notice of proposed transfers under subparagraphs 1. and
3084 2. shall be provided to the Executive Office of the Governor and
3085 the chairs of the legislative appropriations committees at least
3086 3 days prior to agency implementation in order to provide an
3087 opportunity for review. The review shall be limited to ensuring
3088 that the transfer is in compliance with the requirements of this
3089 paragraph.
3090 5. For the 2019-2020 2018-2019 fiscal year, the review
3091 shall ensure that transfers proposed pursuant to this paragraph
3092 comply with this chapter, maximize the use of available and
3093 appropriate trust funds, and are not contrary to legislative
3094 policy and intent. This subparagraph expires July 1, 2020 2019.
3095 Section 90. In order to implement section 8 of the 2019
3096 2020 General Appropriations Act, notwithstanding s.
3097 110.123(3)(f) and (j), Florida Statutes, the Department of
3098 Management Services shall maintain and offer the same PPO and
3099 HMO health plan alternatives to the participants of the State
3100 Group Health Insurance Program during the 2019-2020 fiscal year
3101 which were in effect for the 2018-2019 fiscal year. This section
3102 expires July 1, 2020.
3103 Section 91. In order to implement the appropriation of
3104 funds in the special categories, contracted services, and
3105 expenses categories of the 2019-2020 General Appropriations Act,
3106 a state agency may not initiate a competitive solicitation for a
3107 product or service if the completion of such competitive
3108 solicitation would:
3109 (1) Require a change in law; or
3110 (2) Require a change to the agency’s budget other than a
3111 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
3112 unless the initiation of such competitive solicitation is
3113 specifically authorized in law, in the General Appropriations
3114 Act, or by the Legislative Budget Commission.
3115
3116 This section does not apply to a competitive solicitation for
3117 which the agency head certifies that a valid emergency exists.
3118 This section expires July 1, 2020.
3119 Section 92. In order to implement appropriations for
3120 salaries and benefits in the 2019-2020 General Appropriations
3121 Act, subsection (6) of section 112.24, Florida Statutes, is
3122 amended to read:
3123 112.24 Intergovernmental interchange of public employees.
3124 To encourage economical and effective utilization of public
3125 employees in this state, the temporary assignment of employees
3126 among agencies of government, both state and local, and
3127 including school districts and public institutions of higher
3128 education is authorized under terms and conditions set forth in
3129 this section. State agencies, municipalities, and political
3130 subdivisions are authorized to enter into employee interchange
3131 agreements with other state agencies, the Federal Government,
3132 another state, a municipality, or a political subdivision
3133 including a school district, or with a public institution of
3134 higher education. State agencies are also authorized to enter
3135 into employee interchange agreements with private institutions
3136 of higher education and other nonprofit organizations under the
3137 terms and conditions provided in this section. In addition, the
3138 Governor or the Governor and Cabinet may enter into employee
3139 interchange agreements with a state agency, the Federal
3140 Government, another state, a municipality, or a political
3141 subdivision including a school district, or with a public
3142 institution of higher learning to fill, subject to the
3143 requirements of chapter 20, appointive offices which are within
3144 the executive branch of government and which are filled by
3145 appointment by the Governor or the Governor and Cabinet. Under
3146 no circumstances shall employee interchange agreements be
3147 utilized for the purpose of assigning individuals to participate
3148 in political campaigns. Duties and responsibilities of
3149 interchange employees shall be limited to the mission and goals
3150 of the agencies of government.
3151 (6) For the 2019-2020 2018-2019 fiscal year only, the
3152 assignment of an employee of a state agency as provided in this
3153 section may be made if recommended by the Governor or Chief
3154 Justice, as appropriate, and approved by the chairs of the
3155 legislative appropriations committees. Such actions shall be
3156 deemed approved if neither chair provides written notice of
3157 objection within 14 days after receiving notice of the action
3158 pursuant to s. 216.177. This subsection expires July 1, 2020
3159 2019.
3160 Section 93. In order to implement Specific Appropriations
3161 2751 and 2752 of the 2019-2020 General Appropriations Act, and
3162 notwithstanding s. 11.13(1), Florida Statutes, the authorized
3163 salaries for members of the Legislature for the 2019-2020 fiscal
3164 year shall be set at the same level in effect on July 1, 2010.
3165 This section expires July 1, 2020.
3166 Section 94. In order to implement the transfer of funds to
3167 the General Revenue Fund from trust funds for the 2019-2020
3168 General Appropriations Act, and notwithstanding the expiration
3169 date in section 83 of chapter 2018-10, Laws of Florida,
3170 paragraph (b) of subsection (2) of section 215.32, Florida
3171 Statutes, is reenacted to read:
3172 215.32 State funds; segregation.—
3173 (2) The source and use of each of these funds shall be as
3174 follows:
3175 (b)1. The trust funds shall consist of moneys received by
3176 the state which under law or under trust agreement are
3177 segregated for a purpose authorized by law. The state agency or
3178 branch of state government receiving or collecting such moneys
3179 is responsible for their proper expenditure as provided by law.
3180 Upon the request of the state agency or branch of state
3181 government responsible for the administration of the trust fund,
3182 the Chief Financial Officer may establish accounts within the
3183 trust fund at a level considered necessary for proper
3184 accountability. Once an account is established, the Chief
3185 Financial Officer may authorize payment from that account only
3186 upon determining that there is sufficient cash and releases at
3187 the level of the account.
3188 2. In addition to other trust funds created by law, to the
3189 extent possible, each agency shall use the following trust funds
3190 as described in this subparagraph for day-to-day operations:
3191 a. Operations or operating trust fund, for use as a
3192 depository for funds to be used for program operations funded by
3193 program revenues, with the exception of administrative
3194 activities when the operations or operating trust fund is a
3195 proprietary fund.
3196 b. Operations and maintenance trust fund, for use as a
3197 depository for client services funded by third-party payors.
3198 c. Administrative trust fund, for use as a depository for
3199 funds to be used for management activities that are departmental
3200 in nature and funded by indirect cost earnings and assessments
3201 against trust funds. Proprietary funds are excluded from the
3202 requirement of using an administrative trust fund.
3203 d. Grants and donations trust fund, for use as a depository
3204 for funds to be used for allowable grant or donor agreement
3205 activities funded by restricted contractual revenue from private
3206 and public nonfederal sources.
3207 e. Agency working capital trust fund, for use as a
3208 depository for funds to be used pursuant to s. 216.272.
3209 f. Clearing funds trust fund, for use as a depository for
3210 funds to account for collections pending distribution to lawful
3211 recipients.
3212 g. Federal grant trust fund, for use as a depository for
3213 funds to be used for allowable grant activities funded by
3214 restricted program revenues from federal sources.
3215
3216 To the extent possible, each agency must adjust its internal
3217 accounting to use existing trust funds consistent with the
3218 requirements of this subparagraph. If an agency does not have
3219 trust funds listed in this subparagraph and cannot make such
3220 adjustment, the agency must recommend the creation of the
3221 necessary trust funds to the Legislature no later than the next
3222 scheduled review of the agency’s trust funds pursuant to s.
3223 215.3206.
3224 3. All such moneys are hereby appropriated to be expended
3225 in accordance with the law or trust agreement under which they
3226 were received, subject always to the provisions of chapter 216
3227 relating to the appropriation of funds and to the applicable
3228 laws relating to the deposit or expenditure of moneys in the
3229 State Treasury.
3230 4.a. Notwithstanding any provision of law restricting the
3231 use of trust funds to specific purposes, unappropriated cash
3232 balances from selected trust funds may be authorized by the
3233 Legislature for transfer to the Budget Stabilization Fund and
3234 General Revenue Fund in the General Appropriations Act.
3235 b. This subparagraph does not apply to trust funds required
3236 by federal programs or mandates; trust funds established for
3237 bond covenants, indentures, or resolutions whose revenues are
3238 legally pledged by the state or public body to meet debt service
3239 or other financial requirements of any debt obligations of the
3240 state or any public body; the Division of Licensing Trust Fund
3241 in the Department of Agriculture and Consumer Services; the
3242 State Transportation Trust Fund; the trust fund containing the
3243 net annual proceeds from the Florida Education Lotteries; the
3244 Florida Retirement System Trust Fund; trust funds under the
3245 management of the State Board of Education or the Board of
3246 Governors of the State University System, where such trust funds
3247 are for auxiliary enterprises, self-insurance, and contracts,
3248 grants, and donations, as those terms are defined by general
3249 law; trust funds that serve as clearing funds or accounts for
3250 the Chief Financial Officer or state agencies; trust funds that
3251 account for assets held by the state in a trustee capacity as an
3252 agent or fiduciary for individuals, private organizations, or
3253 other governmental units; and other trust funds authorized by
3254 the State Constitution.
3255 Section 95. The amendment to s. 215.32(2)(b), Florida
3256 Statutes, as carried forward from chapter 2011-47, Laws of
3257 Florida, by this act, expires July 1, 2020, and the text of that
3258 paragraph shall revert to that in existence on June 30, 2011,
3259 except that any amendments to such text enacted other than by
3260 this act shall be preserved and continue to operate to the
3261 extent that such amendments are not dependent upon the portions
3262 of text which expire pursuant to this section.
3263 Section 96. In order to implement appropriations in the
3264 2019-2020 General Appropriations Act for state employee travel,
3265 the funds appropriated to each state agency which may be used
3266 for travel by state employees are limited during the 2019-2020
3267 fiscal year to travel for activities that are critical to each
3268 state agency’s mission. Funds may not be used for travel by
3269 state employees to foreign countries, other states, conferences,
3270 staff training activities, or other administrative functions
3271 unless the agency head has approved, in writing, that such
3272 activities are critical to the agency’s mission. The agency head
3273 shall consider using teleconferencing and other forms of
3274 electronic communication to meet the needs of the proposed
3275 activity before approving mission-critical travel. This section
3276 does not apply to travel for law enforcement purposes, military
3277 purposes, emergency management activities, or public health
3278 activities. This section expires July 1, 2020.
3279 Section 97. In order to implement the appropriation of
3280 funds in the special categories, contracted services, and
3281 expenses categories of the 2019-2020 General Appropriations Act,
3282 a state agency may not enter into a contract containing a
3283 nondisclosure clause that prohibits the contractor from
3284 disclosing information relevant to the performance of the
3285 contract to members or staff of the Senate or the House of
3286 Representatives. This section expires July 1, 2020.
3287 Section 98. Any section of this act which implements a
3288 specific appropriation or specifically identified proviso
3289 language in the 2019-2020 General Appropriations Act is void if
3290 the specific appropriation or specifically identified proviso
3291 language is vetoed. Any section of this act which implements
3292 more than one specific appropriation or more than one portion of
3293 specifically identified proviso language in the 2019-2020
3294 General Appropriations Act is void if all the specific
3295 appropriations or portions of specifically identified proviso
3296 language are vetoed.
3297 Section 99. If any other act passed during the 2019 Regular
3298 Session of the Legislature contains a provision that is
3299 substantively the same as a provision in this act, but that
3300 removes or is otherwise not subject to the future repeal applied
3301 to such provision by this act, the Legislature intends that the
3302 provision in the other act takes precedence and continues to
3303 operate, notwithstanding the future repeal provided by this act.
3304 Section 100. If any provision of this act or its
3305 application to any person or circumstance is held invalid, the
3306 invalidity does not affect other provisions or applications of
3307 the act which can be given effect without the invalid provision
3308 or application, and to this end the provisions of this act are
3309 severable.
3310 Section 101. Except as otherwise expressly provided in this
3311 act and except for this section, which shall take effect upon
3312 this act becoming a law, this act shall take effect July 1,
3313 2019; or, if this act fails to become a law until after that
3314 date, it shall take effect upon becoming a law and shall operate
3315 retroactively to July 1, 2019.
