Bill Text: FL S2502 | 2019 | Regular Session | Enrolled
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-Enrolled.html
ENROLLED 2019 Legislature SB 2502, 2nd Engrossed 20192502er 1 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. 1009.215, F.S.; revising the academic 9 terms in which certain students are eligible to 10 receive Bright Futures Scholarships; providing that 11 such students may receive scholarships for the fall 12 term for specified coursework under certain 13 circumstances; providing for the expiration and 14 reversion of specified statutory text; amending s. 15 1011.62, F.S.; extending for 1 fiscal year provisions 16 governing the funding compression allocation; 17 reenacting s. 1001.26(1), F.S., relating to public 18 broadcasting program system; extending for 1 fiscal 19 year authorization for the Department of Education to 20 provide certain appropriated funds to public colleges 21 and universities for public broadcasting; providing 22 for the expiration and reversion of specified 23 statutory text; amending s. 1011.80, F.S.; removing a 24 limitation on the maximum amount of funding that may 25 be appropriated for performance funding relating to 26 funds for the operation of workforce education 27 programs; amending s. 1011.81, F.S.; removing a 28 limitation on the maximum amount of funding that may 29 be appropriated for performance funding relating to 30 industry certifications for Florida College System 31 institutions; providing for the expiration and 32 reversion of specified statutory text; requiring the 33 State Board of Education to serve as the board of 34 trustees of the Florida Virtual School for the 2019 35 2020 fiscal year; prescribing certain duties of the 36 board; requiring an audit of the Florida Virtual 37 School in accordance with specified requirements; 38 requiring the Department of Education to submit 39 certain recommendations regarding the Florida Virtual 40 School to the Governor and Legislature by a specified 41 date; requiring the Office of Economic and Demographic 42 Research to develop a methodology for calculating each 43 school district’s wage level index; specifying 44 required duties of the office; requiring the office to 45 submit a transition plan to the Governor and 46 Legislature by a specified date; prohibiting the 47 transition plan’s implementation unless specifically 48 enacted by the Legislature; incorporating by reference 49 certain calculations for the Medicaid Disproportionate 50 Share Hospital and Hospital Reimbursement programs; 51 authorizing the Agency for Health Care Administration, 52 in consultation with the Department of Health, to 53 submit a budget amendment to realign funding for a 54 component of the Children’s Medical Services program 55 to reflect actual enrollment changes; specifying 56 requirements for such realignment; authorizing the 57 agency to request nonoperating budget authority for 58 transferring certain federal funds to the Department 59 of Health; amending s. 409.908, F.S.; modifying 60 parameters governing prospective payment methodology 61 with respect to Medicaid provider reimbursement; 62 providing for the expiration and reversion of 63 specified statutory text; reenacting s. 409.908(23), 64 F.S., relating to the reimbursement of Medicaid 65 providers; providing for the future expiration and 66 reversion of specified statutory text; amending s. 67 409.908, F.S.; authorizing the Agency for Health Care 68 Administration to receive funds from specified sources 69 for purposes of making Low Income Pool Program 70 payments; providing for the expiration and reversion 71 of specified statutory text; amending s. 409.912, 72 F.S.; authorizing the Agency for Health Care 73 Administration to extend a specified contract for a 74 certain period; providing for the expiration and 75 reversion of specified statutory text; amending s. 76 409.904, F.S.; requiring the Agency for Health Care 77 Administration to make payments for Medicaid-covered 78 services in a specified manner; requiring the agency, 79 by a certain date, in consultation with the Department 80 of Children and Families and certain other entities, 81 to submit a certain report to the Governor and the 82 Legislature; specifying requirements for the report; 83 amending s. 393.0661, F.S.; authorizing the agency to 84 develop and submit a plan to the Legislature for 85 redesigning the Medicaid waiver program if certain 86 conditions exist; conforming provisions; providing for 87 the expiration and reversion of specified statutory 88 text; amending s. 400.179, F.S.; revising conditions 89 under which a lease bond alternative exception 90 relating to the transfer of a nursing facility does 91 not apply; providing for the expiration and reversion 92 of specified statutory text; amending s. 624.91, F.S.; 93 requiring the Florida Healthy Kids Corporation to 94 validate the medical loss ratio and calculate a refund 95 amount for insurers and providers of health care 96 services who meet certain criteria; providing for the 97 deposit of any such refund; providing for the 98 expiration and reversion of specified statutory text; 99 amending s. 893.055, F.S.; extending for 1 fiscal year 100 a provision prohibiting the Attorney General and the 101 Department of Health from using certain settlement 102 agreement funds to administer the prescription drug 103 monitoring program; amending s. 409.911, F.S.; 104 updating the average of audited disproportionate share 105 data for purposes of calculating disproportionate 106 share payments; extending for 1 fiscal year the 107 requirement that the Agency for Health Care 108 Administration distribute moneys to hospitals that 109 provide a disproportionate share of Medicaid or 110 charity care services, as provided in the General 111 Appropriations Act; amending s. 409.9113, F.S.; 112 extending for 1 fiscal year the requirement that the 113 Agency for Health Care Administration make 114 disproportionate share payments to teaching hospitals 115 as provided in the General Appropriations Act; 116 amending s. 409.9119, F.S.; extending for 1 fiscal 117 year the requirement that the Agency for Health Care 118 Administration make disproportionate share payments to 119 certain specialty hospitals for children; authorizing 120 the Agency for Health Care Administration to submit a 121 budget amendment to realign Medicaid funding for 122 specified purposes, subject to certain limitations; 123 authorizing the Agency for Health Care Administration 124 and the Department of Health to each submit a budget 125 amendment to realign funding within the Florida 126 Kidcare program appropriation categories or increase 127 budget authority for certain purposes; specifying the 128 time period within each such budget amendment must be 129 submitted; exempting entities that meet certain 130 criteria from the licensure requirements of part X of 131 ch. 400, F.S.; amending s. 381.986, F.S.; exempting 132 rules pertaining to the medical use of marijuana from 133 certain rulemaking requirements; amending s. 381.988, 134 F.S.; exempting rules pertaining to medical marijuana 135 testing laboratories from certain rulemaking 136 requirements; amending s. 14(1), ch. 2017-232, Laws of 137 Florida; exempting certain rules pertaining to medical 138 marijuana adopted to replace emergency rules from 139 specified rulemaking requirements; providing for the 140 expiration and reversion of specified law; amending s. 141 383.14, F.S.; requiring the Department of Health to 142 integrate screening for spinal muscular atrophy into 143 the newborn screening testing panel; authorizing the 144 Department of Children and Families to submit a budget 145 amendment to realign funding for implementation of the 146 Guardianship Assistance Program; requiring the 147 Department of Children and Families to establish a 148 formula for the distribution of funds to implement the 149 Guardianship Assistance Program; amending s. 409.991, 150 F.S.; redefining the term “core services funds” to 151 include funds appropriated for the Guardianship 152 Assistance Program; amending s. 296.37, F.S.; 153 extending for 1 fiscal year a provision specifying the 154 monthly contribution to residents of a state veterans’ 155 nursing home; authorizing the Department of Health to 156 submit a budget amendment to increase budget authority 157 for the HIV/AIDS Prevention and Treatment Program if 158 certain conditions are met; authorizing the Department 159 of Children and Families to submit a budget amendment 160 to increase budget authority for the Supplemental 161 Nutrition Assistance Program if certain conditions are 162 met; authorizing the Department of Children and 163 Families to submit a budget amendment to realign 164 funding within the Family Safety Program for specified 165 purposes; amending s. 216.262, F.S.; extending for 1 166 fiscal year the authority of the Department of 167 Corrections to submit a budget amendment for 168 additional positions and appropriations under certain 169 circumstances; amending s. 1011.80, F.S.; specifying 170 the manner by which state funds for postsecondary 171 workforce programs may be used for inmate education; 172 providing for the expiration and reversion of 173 specified statutory text; amending s. 215.18, F.S.; 174 extending for 1 fiscal year the authority and related 175 repayment requirements for temporary trust fund loans 176 to the state court system which are sufficient to meet 177 the system’s appropriation; requiring the Department 178 of Juvenile Justice to review county juvenile 179 detention payments to determine whether a county has 180 met specified financial responsibilities; requiring 181 amounts owed by the county for such financial 182 responsibilities to be deducted from certain county 183 funds; requiring the Department of Revenue to transfer 184 withheld funds to a specified trust fund; requiring 185 the Department of Revenue to ensure that such 186 reductions in amounts distributed do not reduce 187 distributions below amounts necessary for certain 188 payments due on bonds and to comply with bond 189 covenants; requiring the Department of Revenue to 190 notify the Department of Juvenile Justice if bond 191 payment requirements mandate a reduction in deductions 192 for amounts owed by a county; amending s. 27.40, F.S.; 193 revising circumstances under which the office of 194 criminal conflict and civil regional counsel or 195 private counsel may be appointed; requiring the public 196 defender and the office of criminal conflict and civil 197 regional counsel to report certain information to the 198 Justice Administrative Commission at specified 199 intervals; making a conforming change; requiring 200 inclusion of a specified statement on uniform 201 contracts and forms used for private court-appointed 202 counsel; modifying requirements for the notice of 203 appearance filed by a court-appointed attorney; 204 modifying conditions under which a private attorney is 205 entitled to payment; providing that the flat fee for 206 compensation of private court-appointed counsel is 207 presumed to be sufficient; providing that certain 208 records and documents maintained by the court 209 appointed attorney are subject to audit by the Auditor 210 General; requiring the Justice Administrative 211 Commission to review such records and documents before 212 authorizing payment to the court-appointed attorney; 213 providing a rebuttable presumption for certain 214 objections made by or on behalf of the Justice 215 Administrative Commission; revising the presumption in 216 favor of the commission regarding a court-appointed 217 attorney’s waiver of the right to seek compensation in 218 excess of the flat fee; providing for the expiration 219 and reversion of specified statutory text; amending s. 220 27.5304, F.S.; providing a rebuttable presumption for 221 certain objections made by or on behalf of the Justice 222 Administrative Commission at the evidentiary hearing 223 regarding the private court-appointed counsel’s 224 compensation; increasing the length of time before the 225 hearing that certain documents must be served on the 226 commission; authorizing the commission to appear in 227 person or telephonically at such hearing; establishing 228 certain limitations on compensation for private court 229 appointed counsel for the 2019-2020 fiscal year; 230 conforming provisions to changes made by the act; 231 providing for the expiration and reversion of 232 specified statutory text; specifying that clerks of 233 the circuit court are responsible for certain costs 234 related to juries which exceed a certain funding 235 level; reenacting s. 318.18(19)(c), F.S., relating to 236 penalty amounts for traffic infractions; extending for 237 1 fiscal year the redirection of revenues from the 238 Public Defenders Revenue Trust Fund to the Indigent 239 Criminal Defense Trust Fund; reenacting s. 240 817.568(12)(b), F.S., relating to the criminal use of 241 personal identification information; extending for 1 242 fiscal year the redirection of revenues from the 243 Public Defenders Revenue Trust Fund to the Indigent 244 Criminal Defense Trust Fund; providing for the 245 expiration and reversion of specified statutory text; 246 authorizing a Supreme Court Justice to designate an 247 alternate facility as his or her official headquarters 248 for purposes of travel reimbursement; specifying 249 expenses for which a justice may be reimbursed; 250 requiring the Chief Justice to coordinate with an 251 affected justice and other appropriate officials with 252 respect to implementation; providing construction; 253 prohibiting the Supreme Court from using state funds 254 to lease space in an alternate facility for use as a 255 justice’s official headquarters; requiring the 256 Department of Management Services to use tenant broker 257 services to renegotiate or reprocure certain private 258 lease agreements for office or storage space; 259 requiring the Department of Management Services to 260 provide a report to the Governor and Legislature by a 261 specified date; specifying the amount of the 262 transaction fee to be collected for use of the online 263 procurement system; prohibiting an agency from 264 transferring funds from a data processing category to 265 another category that is not a data processing 266 category; authorizing the Executive Office of the 267 Governor to transfer funds appropriated for data 268 processing assessment between departments for a 269 specified purpose; authorizing the Executive Office of 270 the Governor to transfer funds between departments for 271 purposes of aligning amounts paid for risk management 272 insurance and for human resources services; requiring 273 the Department of Financial Services to replace 274 specified components of the Florida Accounting 275 Information Resource Subsystem (FLAIR) and the Cash 276 Management Subsystem (CMS); specifying certain actions 277 to be taken by the Department of Financial Services 278 regarding FLAIR and CMS replacement; providing for the 279 composition of an executive steering committee to 280 oversee FLAIR and CMS replacement; prescribing duties 281 and responsibilities of the executive steering 282 committee; requiring executive branch state agencies 283 and the judicial branch to collaborate with the 284 Executive Office of the Governor regarding 285 implementation of the statewide travel management 286 system and to use such system; transferring specified 287 entities within the Agency for State Technology to the 288 Department of Management Services by a type two 289 transfer; amending s. 20.22, F.S.; extending for 1 290 fiscal year a provision requiring the Department of 291 Management Services to provide certain financial 292 management oversight to the Agency for State 293 Technology; amending s. 20.255, F.S.; extending for 1 294 fiscal year a provision designating the Department of 295 Environmental Protection as the lead executive branch 296 agency regarding geospatial data; amending s. 20.61, 297 F.S.; providing exceptions to the requirement that the 298 Agency for State Technology is not subject to control, 299 supervision, or direction by the Department of 300 Management Services; removing provisions providing for 301 establishment of certain positions within the agency; 302 providing for the expiration and reversion of 303 specified statutory text; reenacting s. 282.0041(5), 304 (20), and (28), F.S., relating to definitions for ch. 305 282, F.S.; reenacting s. 282.0051(11), F.S., relating 306 to the powers, duties, and functions of the Agency for 307 State Technology; reenacting s. 282.201(2)(d), F.S., 308 relating to the state data center; providing for the 309 expiration and reversion of specified statutory text; 310 specifying conditions under which certain sections of 311 the act regarding information technology 312 reorganization may not take effect; amending s. 313 216.181, F.S.; extending for 1 fiscal year the 314 authority for the Legislative Budget Commission to 315 increase amounts appropriated to the Fish and Wildlife 316 Conservation Commission or the Department of 317 Environmental Protection for certain fixed capital 318 outlay projects from specified sources; amending s. 319 215.18, F.S.; extending for 1 fiscal year the 320 authority of the Governor, if there is a specified 321 temporary deficiency in a land acquisition trust fund 322 in the Department of Agriculture and Consumer 323 Services, the Department of Environmental Protection, 324 the Department of State, or the Fish and Wildlife 325 Conservation Commission, to transfer funds from other 326 trust funds in the State Treasury as a temporary loan 327 to such trust fund; providing a deadline for the 328 repayment of a temporary loan; requiring the 329 Department of Environmental Protection to transfer 330 designated proportions of the revenues deposited in 331 the Land Acquisition Trust Fund within the department 332 to land acquisition trust funds in the Department of 333 Agriculture and Consumer Services, the Department of 334 State, and the Fish and Wildlife Conservation 335 Commission according to specified parameters and 336 calculations; defining the term “department”; 337 requiring the Department of Environmental Protection 338 to retain a proportionate share of revenues; 339 specifying a limit on distributions; requiring the 340 Department of Environmental Protection to make 341 transfers to land acquisition trust funds; specifying 342 the method of determining transfer amounts; 343 authorizing the Department of Environmental Protection 344 to advance funds from its land acquisition trust fund 345 to the Fish and Wildlife Conservation Commission’s 346 land acquisition trust fund for specified purposes; 347 requiring the Department of Environmental Protection 348 to prorate amounts transferred to the Fish and 349 Wildlife Conservation Commission; amending s. 375.041, 350 F.S.; specifying that certain funds for projects 351 dedicated to restoring Lake Apopka shall be 352 appropriated as provided in the General Appropriations 353 Act; amending s. 216.181, F.S.; authorizing the 354 Legislative Budget Commission to increase amounts 355 appropriated to the Department of Environmental 356 Protection for fixed capital outlay projects using 357 specified funds; specifying additional information to 358 be included in budget amendments for projects 359 requiring additional funding; authorizing the 360 Department of Agriculture and Consumer Services to 361 submit a budget amendment to increase budget authority 362 for a school lunch program under certain 363 circumstances; amending s. 570.441, F.S.; extending 364 for 1 fiscal year a provision authorizing the 365 Department of Agriculture and Consumer Services to use 366 certain funds for purposes related to the Division of 367 Agricultural Environmental Services; amending s. 368 570.93, F.S.; revising requirements for a cost-share 369 program administered by the Department of Agriculture 370 and Consumer Services; providing for the expiration 371 and reversion of specified statutory text; amending s. 372 525.07, F.S.; authorizing the Department of 373 Agriculture and Consumer Services to affix an 374 inspection sticker meeting specified requirements to 375 any petroleum measuring device; providing for the 376 expiration and reversion of specified statutory text; 377 amending s. 259.105, F.S.; providing for the 378 distribution of proceeds from the Florida Forever 379 Trust Fund for the 2019-2020 fiscal year; amending s. 380 321.04, F.S.; requiring the Department of Highway 381 Safety and Motor Vehicles to assign one or more patrol 382 officers to the office of Lieutenant Governor for 383 security purposes, upon request of the Governor; 384 extending for 1 fiscal year the requirement that the 385 Department of Highway Safety and Motor Vehicles assign 386 a patrol officer to a Cabinet member under certain 387 circumstances; amending s. 420.9079, F.S.; authorizing 388 funds in the Local Government Housing Trust Fund to be 389 used as provided in the General Appropriations Act; 390 amending s. 420.0005, F.S.; authorizing certain funds 391 related to state housing to be used as provided in the 392 General Appropriations Act; amending s. 288.0655, 393 F.S.; specifying how funds appropriated for the grant 394 program under the Rural Infrastructure Fund for 395 Florida Panhandle counties are to be distributed; 396 amending s. 288.1226, F.S.; revising the scheduled 397 repeal of the Florida Tourism Industry Marketing 398 Corporation direct-support organization; amending s. 399 288.923, F.S.; revising the scheduled repeal of the 400 Division of Tourism Marketing of Enterprise Florida, 401 Inc.; amending s. 339.135, F.S.; authorizing the chair 402 and vice chair of the Legislative Budget Commission to 403 approve the Department of Transportation’s budget 404 amendment under specified circumstances; amending s. 405 339.2818, F.S.; authorizing certain counties and 406 municipalities to compete for additional funds for 407 specified purposes related to Hurricane Michael 408 recovery; amending s. 112.061, F.S.; authorizing the 409 Lieutenant Governor to designate an alternative 410 official headquarters if certain conditions are met; 411 specifying restrictions and limitations; specifying 412 eligibility for the subsistence allowance and the 413 reimbursement of transportation expenses, and 414 providing for the payment thereof; amending s. 415 216.292, F.S.; extending for 1 fiscal year a provision 416 prescribing requirements for the review of certain 417 transfers of appropriations; requiring the Department 418 of Management Services to maintain and offer the same 419 health insurance options for participants of the State 420 Group Health Insurance Program for the 2019-2020 421 fiscal year as for the preceding fiscal year; 422 prohibiting a state agency from initiating a 423 competitive solicitation for a product or service 424 under certain circumstances; providing an exception; 425 amending s. 112.24, F.S.; extending for 1 fiscal year 426 the authorization, subject to specified requirements, 427 for the assignment of an employee of a state agency 428 under an employee interchange agreement; providing 429 that the annual salaries of the members of the 430 Legislature be maintained at a specified level; 431 reenacting s. 215.32(2)(b), F.S., relating to the 432 source and use of certain trust funds; providing for 433 the future expiration and reversion of statutory text; 434 limiting the use of travel funds to activities that 435 are critical to an agency’s mission; providing 436 exceptions; placing a monetary cap on lodging expenses 437 for state employee travel to certain meetings 438 organized or sponsored by a state agency or the 439 judicial branch; authorizing employees to expend their 440 own funds for lodging expenses in excess of the 441 monetary caps; prohibiting state agencies from 442 entering into contracts containing certain 443 nondisclosure agreements; providing conditions under 444 which the veto of certain appropriations or proviso 445 language in the General Appropriations Act voids 446 language that implements such appropriation; providing 447 for the continued operation of certain provisions 448 notwithstanding a future repeal or expiration provided 449 by the act; providing severability; providing 450 effective dates. 451 452 Be It Enacted by the Legislature of the State of Florida: 453 454 Section 1. It is the intent of the Legislature that the 455 implementing and administering provisions of this act apply to 456 the General Appropriations Act for the 2019-2020 fiscal year. 457 Section 2. In order to implement Specific Appropriations 6, 458 7, 8, 93, and 94 of the 2019-2020 General Appropriations Act, 459 the calculations of the Florida Education Finance Program for 460 the 2019-2020 fiscal year included in the document titled 461 “Public School Funding: The Florida Education Finance Program,” 462 dated May 1, 2019, and filed with the Secretary of the Senate, 463 are incorporated by reference for the purpose of displaying the 464 calculations used by the Legislature, consistent with the 465 requirements of state law, in making appropriations for the 466 Florida Education Finance Program. This section expires July 1, 467 2020. 468 Section 3. In order to implement Specific Appropriations 6 469 and 93 of the 2019-2020 General Appropriations Act, and 470 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42, 471 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the 472 expenditure of funds provided for instructional materials, for 473 the 2019-2020 fiscal year, funds provided for instructional 474 materials shall be released and expended as required in the 475 proviso language for Specific Appropriation 93 of the 2019-2020 476 General Appropriations Act. This section expires July 1, 2020. 477 Section 4. Effective July 1, 2019, upon the expiration and 478 reversion of the amendment made to section 1009.215, Florida 479 Statutes, pursuant to section 13 of chapter 2018-10, Laws of 480 Florida, and in order to implement Specific Appropriation 4 of 481 the 2019-2020 General Appropriations Act, subsection (3) of 482 section 1009.215, Florida Statutes, is amended to read: 483 1009.215 Student enrollment pilot program for the spring 484 and summer terms.— 485 (3) Students who are enrolled in the pilot program and who 486 are eligible to receive Bright Futures Scholarships under ss. 487 1009.53-1009.536 areshall beeligible to receive the 488 scholarship award for attendance during the spring and summer 489 terms. This student cohort is also eligible to receive Bright 490 Futures Scholarships during the fall term, which may be used for 491 off-campus or online coursework, if Bright Futures Scholarship 492 funding is provided by the Legislature for three terms for other 493 eligible students during that academic yearno more than 2494semesters or the equivalent in any fiscal year, including the495summer term. 496 Section 5. The amendment to s. 1009.215(3), Florida 497 Statutes, by this act expires July 1, 2020, and the text of that 498 subsection shall revert to that in existence on June 30, 2018, 499 except that any amendments to such text enacted other than by 500 this act shall be preserved and continue to operate to the 501 extent that such amendments are not dependent upon the portions 502 of text which expire pursuant to this section. 503 Section 6. In order to implement Specific Appropriations 6 504 and 93 of the 2019-2020 General Appropriations Act, subsection 505 (17) of section 1011.62, Florida Statutes, is amended to read: 506 1011.62 Funds for operation of schools.—If the annual 507 allocation from the Florida Education Finance Program to each 508 district for operation of schools is not determined in the 509 annual appropriations act or the substantive bill implementing 510 the annual appropriations act, it shall be determined as 511 follows: 512 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may 513 provide an annual funding compression allocation in the General 514 Appropriations Act. The allocation is created to provide 515 additional funding to school districts and developmental 516 research schools whose total funds per FTE in the prior year 517 were less than the statewide average. Using the most recent 518 prior year FEFP calculation for each eligible school district, 519 the total funds per FTE shall be subtracted from the state 520 average funds per FTE, not including any adjustments made 521 pursuant to paragraph (18)(b). The resulting funds per FTE 522 difference, or a portion thereof, as designated in the General 523 Appropriations Act, shall then be multiplied by the school 524 district’s total unweighted FTE to provide the allocation. If 525 the calculated funds are greater than the amount included in the 526 General Appropriations Act, they must be prorated to the 527 appropriation amount based on each participating school 528 district’s share. This subsection expires July 1, 20202019. 529 Section 7. In order to implement Specific Appropriation 122 530 of the 2019-2020 General Appropriations Act, and notwithstanding 531 the expiration date in section 6 of chapter 2018-10, Laws of 532 Florida, subsection (1) of section 1001.26, Florida Statutes, is 533 reenacted to read: 534 1001.26 Public broadcasting program system.— 535 (1) There is created a public broadcasting program system 536 for the state. The department shall provide funds, as 537 specifically appropriated in the General Appropriations Act, to 538 educational television stations qualified by the Corporation for 539 Public Broadcasting or public colleges and universities that are 540 part of the public broadcasting program system. The program 541 system must include: 542 (a) Support for existing Corporation for Public 543 Broadcasting qualified program system educational television 544 stations. 545 (b) Maintenance of quality broadcast capability for 546 educational stations that are part of the program system. 547 (c) Interconnection of all educational stations that are 548 part of the program system for simultaneous broadcast and of 549 such stations with all universities and other institutions as 550 necessary for sharing of resources and delivery of programming. 551 (d) Establishment and maintenance of a capability for 552 statewide program distribution with facilities and staff, 553 provided such facilities and staff complement and strengthen 554 existing educational television stations. 555 (e) Provision of both statewide programming funds and 556 station programming support for educational television to meet 557 statewide priorities. Priorities for station programming need 558 not be the same as priorities for programming to be used 559 statewide. Station programming may include, but shall not be 560 limited to, citizens’ participation programs, music and fine 561 arts programs, coverage of public hearings and governmental 562 meetings, equal air time for political candidates, and other 563 public interest programming. 564 Section 8. The text of s. 1001.26(1), Florida Statutes, as 565 carried forward from chapter 2018-10, Laws of Florida, by this 566 act, expires July 1, 2020, and the text of that subsection shall 567 revert to that in existence on June 30, 2018, except that any 568 amendments enacted other than by this act shall be preserved and 569 continue to operate to the extent that such amendments are not 570 dependent upon the portions of text which expire pursuant to 571 this section. 572 Section 9. In order to implement Specific Appropriation 123 573 of the 2019-2020 General Appropriations Act, paragraph (b) of 574 subsection (6) of section 1011.80, Florida Statutes, is amended 575 to read: 576 1011.80 Funds for operation of workforce education 577 programs.— 578 (6) 579 (b) Performance funding for industry certifications for 580 school district workforce education programs is contingent upon 581 specific appropriation in the General Appropriations Act and 582 shall be determined as follows: 583 1. Occupational areas for which industry certifications may 584 be earned, as established in the General Appropriations Act, are 585 eligible for performance funding. Priority shall be given to the 586 occupational areas emphasized in state, national, or corporate 587 grants provided to Florida educational institutions. 588 2. The Chancellor of Career and Adult Education shall 589 identify the industry certifications eligible for funding on the 590 CAPE Postsecondary Industry Certification Funding List approved 591 by the State Board of Education pursuant to s. 1008.44, based on 592 the occupational areas specified in the General Appropriations 593 Act. 594 3. Each school district shall be provided $1,000 for each 595 industry certification earned by a workforce education student. 596The maximum amount of funding appropriated for performance597funding pursuant to this paragraph shall be limited to $15598million annually.If funds are insufficient to fully fund the 599 calculated total award, such funds shall be prorated. 600 Section 10. In order to implement Specific Appropriation 601 128 of the 2019-2020 General Appropriations Act, paragraph (c) 602 of subsection (2) of section 1011.81, Florida Statutes, is 603 amended to read: 604 1011.81 Florida College System Program Fund.— 605 (2) Performance funding for industry certifications for 606 Florida College System institutions is contingent upon specific 607 appropriation in the General Appropriations Act and shall be 608 determined as follows: 609 (c) Each Florida College System institution shall be 610 provided $1,000 for each industry certification earned by a 611 student.The maximum amount of funding appropriated for612performance funding pursuant to this subsection shall be limited613to $15 million annually.If funds are insufficient to fully fund 614 the calculated total award, such funds shall be prorated. 615 Section 11. The amendments to s. 1011.80(6)(b) and s. 616 1011.81(2)(c), Florida Statutes, by this act expire July 1, 617 2020, and the text of those paragraphs shall revert to that in 618 existence on June 30, 2019, except that any amendments to such 619 text enacted other than by this act shall be preserved and 620 continue to operate to the extent that such amendments are not 621 dependent upon the portions of text which expire pursuant to 622 this section. 623 Section 12. Effective upon becoming a law, in order to 624 implement Specific Appropriations 6 and 93 of the 2019-2020 625 General Appropriations Act, notwithstanding the requirements of 626 s. 1002.37(2), Florida Statutes, the State Board of Education 627 shall serve as the board of trustees of the Florida Virtual 628 School established pursuant to s. 1002.37, Florida Statutes. 629 (1) The State Board of Education sitting as the board of 630 trustees of the Florida Virtual School shall appoint an 631 executive director, who will report directly to the Commissioner 632 of Education. In this capacity, the board may only take actions 633 to conserve and maintain the Florida Virtual School by ensuring 634 the execution of programs, contracts, services, and agreements 635 in place on or before May 1, 2019. The board may extend or renew 636 contracts as necessary to maintain and operate existing programs 637 and services. In addition, the board shall administer personnel 638 programs for all employees of the Florida Virtual School in 639 accordance with s. 1002.37(2)(f), Florida Statutes. 640 (2) The executive director shall, within existing 641 resources, competitively award a contract for an independent 642 third-party consulting firm to conduct financial, operational, 643 or performance audits, as defined by s. 11.45, Florida Statutes, 644 of the Florida Virtual School in accordance with generally 645 accepted government auditing standards. The Office of the 646 Inspector General of the Department of Education shall oversee 647 the audit. The consulting firm shall submit the results of the 648 audit along with recommendations in accordance with s. 1002.37, 649 Florida Statutes, to the Commissioner of Education by October 1, 650 2019. The Department of Education shall provide recommendations 651 regarding the governance, operation, and organization of the 652 Florida Virtual School to the Governor, the President of the 653 Senate, and the Speaker of the House of Representatives by 654 November 1, 2019. 655 (3) This section expires July 1, 2020. 656 Section 13. In order to implement Specific Appropriations 657 2753 and 2754 of the 2019-2020 General Appropriations Act, the 658 Office of Economic and Demographic Research shall develop a 659 methodology for calculating each school district’s wage level 660 index using appropriate county-level and occupational-level wage 661 data. In developing the methodology, the office shall seek the 662 input from a broad range of stakeholders, including but not 663 limited to, school districts and the Department of Economic 664 Opportunity, to identify the key factors that result in cost 665 differences among counties and their relative magnitude. To the 666 maximum extent feasible, the office shall develop a methodology 667 for calculating each school district’s wage level index that 668 minimizes the effects of temporary disruptions in the data due 669 to adverse events or disturbances. The office shall compare the 670 district-level impact of each school district’s wage level index 671 as calculated by the office versus the Florida Price Level Index 672 used for each school district for the 2019-2020 fiscal year 673 district cost differential and provide a transition plan that 674 minimizes any negative impacts for beginning with the 2020-2021 675 fiscal year using the wage level index as calculated by the 676 office. The office shall submit the transition plan to the 677 President of the Senate, the Speaker of the House of 678 Representatives, and the Governor by October 1, 2019. The 679 implementation of the transition plan may not occur unless 680 affirmatively enacted by the Legislature. This section expires 681 July 1, 2020. 682 Section 14. In order to implement Specific Appropriations 683 203, 204, 207, and 211 of the 2019-2020 General Appropriations 684 Act, the calculations for the Medicaid Disproportionate Share 685 Hospital and Hospital Reimbursement programs for the 2019-2020 686 fiscal year contained in the document titled “Medicaid 687 Disproportionate Share Hospital and Hospital Reimbursement 688 Programs, Fiscal Year 2019-2020,” dated May 1, 2019, and filed 689 with the Secretary of the Senate, are incorporated by reference 690 for the purpose of displaying the calculations used by the 691 Legislature, consistent with the requirements of state law, in 692 making appropriations for the Medicaid Disproportionate Share 693 Hospital and Hospital Reimbursement programs. This section 694 expires July 1, 2020. 695 Section 15. In order to implement Specific Appropriations 696 197 through 224 and 523 of the 2019-2020 General Appropriations 697 Act, and notwithstanding ss. 216.181 and 216.292, Florida 698 Statutes, the Agency for Health Care Administration, in 699 consultation with the Department of Health, may submit a budget 700 amendment, subject to the notice, review, and objection 701 procedures of s. 216.177, Florida Statutes, to realign funding 702 within and between agencies based on implementation of the 703 Managed Medical Assistance component of the Statewide Medicaid 704 Managed Care program for the Children’s Medical Services program 705 of the Department of Health. The funding realignment shall 706 reflect the actual enrollment changes due to the transfer of 707 beneficiaries from fee-for-service to the capitated Children’s 708 Medical Services Network. The Agency for Health Care 709 Administration may submit a request for nonoperating budget 710 authority to transfer the federal funds to the Department of 711 Health pursuant to s. 216.181(12), Florida Statutes. This 712 section expires July 1, 2020. 713 Section 16. Effective October 1, 2019, in order to 714 implement Specific Appropriations 221 and 222 of the 2019-2020 715 General Appropriations Act, subsection (2) of section 409.908, 716 Florida Statutes, as amended by section 19 of chapter 2018-10, 717 Laws of Florida, is amended to read: 718 409.908 Reimbursement of Medicaid providers.—Subject to 719 specific appropriations, the agency shall reimburse Medicaid 720 providers, in accordance with state and federal law, according 721 to methodologies set forth in the rules of the agency and in 722 policy manuals and handbooks incorporated by reference therein. 723 These methodologies may include fee schedules, reimbursement 724 methods based on cost reporting, negotiated fees, competitive 725 bidding pursuant to s. 287.057, and other mechanisms the agency 726 considers efficient and effective for purchasing services or 727 goods on behalf of recipients. If a provider is reimbursed based 728 on cost reporting and submits a cost report late and that cost 729 report would have been used to set a lower reimbursement rate 730 for a rate semester, then the provider’s rate for that semester 731 shall be retroactively calculated using the new cost report, and 732 full payment at the recalculated rate shall be effected 733 retroactively. Medicare-granted extensions for filing cost 734 reports, if applicable, shall also apply to Medicaid cost 735 reports. Payment for Medicaid compensable services made on 736 behalf of Medicaid eligible persons is subject to the 737 availability of moneys and any limitations or directions 738 provided for in the General Appropriations Act or chapter 216. 739 Further, nothing in this section shall be construed to prevent 740 or limit the agency from adjusting fees, reimbursement rates, 741 lengths of stay, number of visits, or number of services, or 742 making any other adjustments necessary to comply with the 743 availability of moneys and any limitations or directions 744 provided for in the General Appropriations Act, provided the 745 adjustment is consistent with legislative intent. 746 (2)(a)1. Reimbursement to nursing homes licensed under part 747 II of chapter 400 and state-owned-and-operated intermediate care 748 facilities for the developmentally disabled licensed under part 749 VIII of chapter 400 must be made prospectively. 750 2. Unless otherwise limited or directed in the General 751 Appropriations Act, reimbursement to hospitals licensed under 752 part I of chapter 395 for the provision of swing-bed nursing 753 home services must be made on the basis of the average statewide 754 nursing home payment, and reimbursement to a hospital licensed 755 under part I of chapter 395 for the provision of skilled nursing 756 services must be made on the basis of the average nursing home 757 payment for those services in the county in which the hospital 758 is located. When a hospital is located in a county that does not 759 have any community nursing homes, reimbursement shall be 760 determined by averaging the nursing home payments in counties 761 that surround the county in which the hospital is located. 762 Reimbursement to hospitals, including Medicaid payment of 763 Medicare copayments, for skilled nursing services shall be 764 limited to 30 days, unless a prior authorization has been 765 obtained from the agency. Medicaid reimbursement may be extended 766 by the agency beyond 30 days, and approval must be based upon 767 verification by the patient’s physician that the patient 768 requires short-term rehabilitative and recuperative services 769 only, in which case an extension of no more than 15 days may be 770 approved. Reimbursement to a hospital licensed under part I of 771 chapter 395 for the temporary provision of skilled nursing 772 services to nursing home residents who have been displaced as 773 the result of a natural disaster or other emergency may not 774 exceed the average county nursing home payment for those 775 services in the county in which the hospital is located and is 776 limited to the period of time which the agency considers 777 necessary for continued placement of the nursing home residents 778 in the hospital. 779 (b) Subject to any limitations or directions in the General 780 Appropriations Act, the agency shall establish and implement a 781 state Title XIX Long-Term Care Reimbursement Plan for nursing 782 home care in order to provide care and services in conformance 783 with the applicable state and federal laws, rules, regulations, 784 and quality and safety standards and to ensure that individuals 785 eligible for medical assistance have reasonable geographic 786 access to such care. 787 1. The agency shall amend the long-term care reimbursement 788 plan and cost reporting system to create direct care and 789 indirect care subcomponents of the patient care component of the 790 per diem rate. These two subcomponents together shall equal the 791 patient care component of the per diem rate. Separate prices 792 shall be calculated for each patient care subcomponent, 793 initially based on the September 2016 rate setting cost reports 794 and subsequently based on the most recently audited cost report 795 used during a rebasing year. The direct care subcomponent of the 796 per diem rate for any providers still being reimbursed on a cost 797 basis shall be limited by the cost-based class ceiling, and the 798 indirect care subcomponent may be limited by the lower of the 799 cost-based class ceiling, the target rate class ceiling, or the 800 individual provider target. The ceilings and targets apply only 801 to providers being reimbursed on a cost-based system. Effective 802 October 1, 2018, a prospective payment methodology shall be 803 implemented for rate setting purposes with the following 804 parameters: 805 a. Peer Groups, including: 806 (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee 807 Counties; and 808 (II) South-SMMC Regions 10-11, plus Palm Beach and 809 Okeechobee Counties. 810 b. Percentage of Median Costs based on the cost reports 811 used for September 2016 rate setting: 812 (I) Direct Care Costs........................100 percent. 813 (II) Indirect Care Costs......................92 percent. 814 (III) Operating Costs.........................86 percent. 815 c. Floors: 816 (I) Direct Care Component.....................95 percent. 817 (II) Indirect Care Component................92.5 percent. 818 (III) Operating Component...........................None. 819 d. Pass-through PaymentsReal Estate and Personal Property 820 Taxes and Property Insurance. 821 e. Quality Incentive Program Payment Pool6.56percent of 822 September 823 2016 non-property related payments of included facilities. 824 f. Quality Score Threshold to Quality for Quality Incentive 825 Payment..................20th percentile of included facilities. 826 g. Fair Rental Value System Payment Parameters: 827 (I) Building Value per Square Foot based on 2018 RS Means. 828 (II) Land Valuation...10 percent of Gross Building value. 829 (III) Facility Square Footage......Actual Square Footage. 830 (IV) Moveable Equipment Allowance.........$8,000 per bed. 831 (V) Obsolescence Factor......................1.5 percent. 832 (VI) Fair Rental Rate of Return................8 percent. 833 (VII) Minimum Occupancy.......................90 percent. 834 (VIII) Maximum Facility Age.....................40 years. 835 (IX) Minimum Square Footage per Bed..................350. 836 (X) Maximum Square Footage for Bed...................500. 837 (XI) Minimum Cost of a renovation/replacements$500 per bed. 838 h. Ventilator Supplemental payment of $200 per Medicaid day 839 of 40,000 ventilator Medicaid days per fiscal year. 840 2. The direct care subcomponent shall include salaries and 841 benefits of direct care staff providing nursing services 842 including registered nurses, licensed practical nurses, and 843 certified nursing assistants who deliver care directly to 844 residents in the nursing home facility, allowable therapy costs, 845 and dietary costs. This excludes nursing administration, staff 846 development, the staffing coordinator, and the administrative 847 portion of the minimum data set and care plan coordinators. The 848 direct care subcomponent also includes medically necessary 849 dental care, vision care, hearing care, and podiatric care. 850 3. All other patient care costs shall be included in the 851 indirect care cost subcomponent of the patient care per diem 852 rate, including complex medical equipment, medical supplies, and 853 other allowable ancillary costs. Costs may not be allocated 854 directly or indirectly to the direct care subcomponent from a 855 home office or management company. 856 4. On July 1 of each year, the agency shall report to the 857 Legislature direct and indirect care costs, including average 858 direct and indirect care costs per resident per facility and 859 direct care and indirect care salaries and benefits per category 860 of staff member per facility. 861 5. Every fourth year, the agency shall rebase nursing home 862 prospective payment rates to reflect changes in cost based on 863 the most recently audited cost report for each participating 864 provider. 865 6. A direct care supplemental payment may be made to 866 providers whose direct care hours per patient day are above the 867 80th percentile and who provide Medicaid services to a larger 868 percentage of Medicaid patients than the state average. 869 7. For the period beginning on October 1, 2018, and ending 870 on September 30, 2021, the agency shall reimburse providers the 871 greater of their September 2016 cost-based rate or their 872 prospective payment rate. Effective October 1, 2021, the agency 873 shall reimburse providers the greater of 95 percent of their 874 cost-based rate or their rebased prospective payment rate, using 875 the most recently audited cost report for each facility. This 876 subparagraph shall expire September 30, 2023. 877 8. Pediatric, Florida Department of Veterans Affairs, and 878 government-owned facilities are exempt from the pricing model 879 established in this subsection and shall remain on a cost-based 880 prospective payment system. Effective October 1, 2018, the 881 agency shall set rates for all facilities remaining on a cost 882 based prospective payment system using each facility’s most 883 recently audited cost report, eliminating retroactive 884 settlements. 885 886 It is the intent of the Legislature that the reimbursement plan 887 achieve the goal of providing access to health care for nursing 888 home residents who require large amounts of care while 889 encouraging diversion services as an alternative to nursing home 890 care for residents who can be served within the community. The 891 agency shall base the establishment of any maximum rate of 892 payment, whether overall or component, on the available moneys 893 as provided for in the General Appropriations Act. The agency 894 may base the maximum rate of payment on the results of 895 scientifically valid analysis and conclusions derived from 896 objective statistical data pertinent to the particular maximum 897 rate of payment. 898 Section 17. The amendment made by this act to s. 899 409.908(2), Florida Statutes, by this act expires July 1, 2020, 900 and the text of that subsection shall revert to that in 901 existence on July 1, 2019, except that any amendments to such 902 text enacted other than by this act shall be preserved and 903 continue to operate to the extent that such amendments are not 904 dependent upon the portions of text which expire pursuant to 905 this section. 906 Section 18. In order to implement Specific Appropriations 907 221 and 222 of the 2019-2020 General Appropriations Act, and 908 notwithstanding the expiration date in section 19 of chapter 909 2018-10, Laws of Florida, subsection (23) of section 409.908, 910 Florida Statutes, is reenacted to read: 911 409.908 Reimbursement of Medicaid providers.—Subject to 912 specific appropriations, the agency shall reimburse Medicaid 913 providers, in accordance with state and federal law, according 914 to methodologies set forth in the rules of the agency and in 915 policy manuals and handbooks incorporated by reference therein. 916 These methodologies may include fee schedules, reimbursement 917 methods based on cost reporting, negotiated fees, competitive 918 bidding pursuant to s. 287.057, and other mechanisms the agency 919 considers efficient and effective for purchasing services or 920 goods on behalf of recipients. If a provider is reimbursed based 921 on cost reporting and submits a cost report late and that cost 922 report would have been used to set a lower reimbursement rate 923 for a rate semester, then the provider’s rate for that semester 924 shall be retroactively calculated using the new cost report, and 925 full payment at the recalculated rate shall be effected 926 retroactively. Medicare-granted extensions for filing cost 927 reports, if applicable, shall also apply to Medicaid cost 928 reports. Payment for Medicaid compensable services made on 929 behalf of Medicaid eligible persons is subject to the 930 availability of moneys and any limitations or directions 931 provided for in the General Appropriations Act or chapter 216. 932 Further, nothing in this section shall be construed to prevent 933 or limit the agency from adjusting fees, reimbursement rates, 934 lengths of stay, number of visits, or number of services, or 935 making any other adjustments necessary to comply with the 936 availability of moneys and any limitations or directions 937 provided for in the General Appropriations Act, provided the 938 adjustment is consistent with legislative intent. 939 (23)(a) The agency shall establish rates at a level that 940 ensures no increase in statewide expenditures resulting from a 941 change in unit costs for county health departments effective 942 July 1, 2011. Reimbursement rates shall be as provided in the 943 General Appropriations Act. 944 (b)1. Base rate reimbursement for inpatient services under 945 a diagnosis-related group payment methodology shall be provided 946 in the General Appropriations Act. 947 2. Base rate reimbursement for outpatient services under an 948 enhanced ambulatory payment group methodology shall be provided 949 in the General Appropriations Act. 950 3. Prospective payment system reimbursement for nursing 951 home services shall be as provided in subsection (2) and in the 952 General Appropriations Act. 953 Section 19. The text of s. 409.908(23), Florida Statutes, 954 as carried forward from chapter 2018-10, Laws of Florida, by 955 this act, expires July 1, 2020, and the text of that subsection 956 shall revert to that in existence on October 1, 2018, not 957 including any amendments made by chapter 2018-10, Laws of 958 Florida, except that any amendments to such text enacted other 959 than by this act and chapter 2018-10, Laws of Florida, shall be 960 preserved and continue to operate to the extent that such 961 amendments are not dependent upon the portions of text which 962 expire pursuant to this section. 963 Section 20. In order to implement Specific Appropriation 964 205 of the 2019-2020 General Appropriations Act, subsection (26) 965 of section 409.908, Florida Statutes, is amended to read: 966 409.908 Reimbursement of Medicaid providers.—Subject to 967 specific appropriations, the agency shall reimburse Medicaid 968 providers, in accordance with state and federal law, according 969 to methodologies set forth in the rules of the agency and in 970 policy manuals and handbooks incorporated by reference therein. 971 These methodologies may include fee schedules, reimbursement 972 methods based on cost reporting, negotiated fees, competitive 973 bidding pursuant to s. 287.057, and other mechanisms the agency 974 considers efficient and effective for purchasing services or 975 goods on behalf of recipients. If a provider is reimbursed based 976 on cost reporting and submits a cost report late and that cost 977 report would have been used to set a lower reimbursement rate 978 for a rate semester, then the provider’s rate for that semester 979 shall be retroactively calculated using the new cost report, and 980 full payment at the recalculated rate shall be effected 981 retroactively. Medicare-granted extensions for filing cost 982 reports, if applicable, shall also apply to Medicaid cost 983 reports. Payment for Medicaid compensable services made on 984 behalf of Medicaid eligible persons is subject to the 985 availability of moneys and any limitations or directions 986 provided for in the General Appropriations Act or chapter 216. 987 Further, nothing in this section shall be construed to prevent 988 or limit the agency from adjusting fees, reimbursement rates, 989 lengths of stay, number of visits, or number of services, or 990 making any other adjustments necessary to comply with the 991 availability of moneys and any limitations or directions 992 provided for in the General Appropriations Act, provided the 993 adjustment is consistent with legislative intent. 994 (26) The agency may receive funds from state entities, 995 including, but not limited to, the Department of Health, local 996 governments, and other local political subdivisions, for the 997 purpose of making special exception payments and Low Income Pool 998 Program payments, including federal matching funds. Funds 999 received for this purpose shall be separately accounted for and 1000 may not be commingled with other state or local funds in any 1001 manner. The agency may certify all local governmental funds used 1002 as state match under Title XIX of the Social Security Act to the 1003 extent and in the manner authorized under the General 1004 Appropriations Act and pursuant to an agreement between the 1005 agency and the local governmental entity. In order for the 1006 agency to certify such local governmental funds, a local 1007 governmental entity must submit a final, executed letter of 1008 agreement to the agency, which must be received by October 1 of 1009 each fiscal year and provide the total amount of local 1010 governmental funds authorized by the entity for that fiscal year 1011 under the General Appropriations Act. The local governmental 1012 entity shall use a certification form prescribed by the agency. 1013 At a minimum, the certification form must identify the amount 1014 being certified and describe the relationship between the 1015 certifying local governmental entity and the local health care 1016 provider. Local governmental funds outlined in the letters of 1017 agreement must be received by the agency no later than October 1018 31 of each fiscal year in which such funds are pledged, unless 1019 an alternative plan is specifically approved by the agency. 1020 Section 21. The amendment to s. 409.908(26), Florida 1021 Statutes, by this act expires July 1, 2020, and the text of that 1022 subsection shall revert to that in existence on June 30, 2019, 1023 except that any amendments to such text enacted other than by 1024 this act shall be preserved and continue to operate to the 1025 extent that such amendments are not dependent upon the portions 1026 of text which expire pursuant to this section. 1027 Section 22. In order to implement Specific Appropriation 1028 192 of the 2019-2020 General Appropriations Act, subsection (6) 1029 of section 409.912, Florida Statutes, is amended to read: 1030 409.912 Cost-effective purchasing of health care.—The 1031 agency shall purchase goods and services for Medicaid recipients 1032 in the most cost-effective manner consistent with the delivery 1033 of quality medical care. To ensure that medical services are 1034 effectively utilized, the agency may, in any case, require a 1035 confirmation or second physician’s opinion of the correct 1036 diagnosis for purposes of authorizing future services under the 1037 Medicaid program. This section does not restrict access to 1038 emergency services or poststabilization care services as defined 1039 in 42 C.F.R. s. 438.114. Such confirmation or second opinion 1040 shall be rendered in a manner approved by the agency. The agency 1041 shall maximize the use of prepaid per capita and prepaid 1042 aggregate fixed-sum basis services when appropriate and other 1043 alternative service delivery and reimbursement methodologies, 1044 including competitive bidding pursuant to s. 287.057, designed 1045 to facilitate the cost-effective purchase of a case-managed 1046 continuum of care. The agency shall also require providers to 1047 minimize the exposure of recipients to the need for acute 1048 inpatient, custodial, and other institutional care and the 1049 inappropriate or unnecessary use of high-cost services. The 1050 agency shall contract with a vendor to monitor and evaluate the 1051 clinical practice patterns of providers in order to identify 1052 trends that are outside the normal practice patterns of a 1053 provider’s professional peers or the national guidelines of a 1054 provider’s professional association. The vendor must be able to 1055 provide information and counseling to a provider whose practice 1056 patterns are outside the norms, in consultation with the agency, 1057 to improve patient care and reduce inappropriate utilization. 1058 The agency may mandate prior authorization, drug therapy 1059 management, or disease management participation for certain 1060 populations of Medicaid beneficiaries, certain drug classes, or 1061 particular drugs to prevent fraud, abuse, overuse, and possible 1062 dangerous drug interactions. The Pharmaceutical and Therapeutics 1063 Committee shall make recommendations to the agency on drugs for 1064 which prior authorization is required. The agency shall inform 1065 the Pharmaceutical and Therapeutics Committee of its decisions 1066 regarding drugs subject to prior authorization. The agency is 1067 authorized to limit the entities it contracts with or enrolls as 1068 Medicaid providers by developing a provider network through 1069 provider credentialing. The agency may competitively bid single 1070 source-provider contracts if procurement of goods or services 1071 results in demonstrated cost savings to the state without 1072 limiting access to care. The agency may limit its network based 1073 on the assessment of beneficiary access to care, provider 1074 availability, provider quality standards, time and distance 1075 standards for access to care, the cultural competence of the 1076 provider network, demographic characteristics of Medicaid 1077 beneficiaries, practice and provider-to-beneficiary standards, 1078 appointment wait times, beneficiary use of services, provider 1079 turnover, provider profiling, provider licensure history, 1080 previous program integrity investigations and findings, peer 1081 review, provider Medicaid policy and billing compliance records, 1082 clinical and medical record audits, and other factors. Providers 1083 are not entitled to enrollment in the Medicaid provider network. 1084 The agency shall determine instances in which allowing Medicaid 1085 beneficiaries to purchase durable medical equipment and other 1086 goods is less expensive to the Medicaid program than long-term 1087 rental of the equipment or goods. The agency may establish rules 1088 to facilitate purchases in lieu of long-term rentals in order to 1089 protect against fraud and abuse in the Medicaid program as 1090 defined in s. 409.913. The agency may seek federal waivers 1091 necessary to administer these policies. 1092 (6) Notwithstanding the provisions of chapter 287, the 1093 agency may, at its discretion, renew a contract or contracts for 1094 fiscal intermediary services one or more times for such periods 1095 as the agency may decide; however, all such renewals may not 1096 combine to exceed a total period longer than the term of the 1097 original contract, with the exception of the fiscal agent 1098 contract scheduled to end in calendar year 2020, which may be 1099 extended by the agency through December 31, 2024. 1100 Section 23. The amendment to s. 409.912(6), Florida 1101 Statutes, by this act expires July 1, 2020, and the text of that 1102 subsection shall revert to that in existence on June 30, 2019, 1103 except that any amendments to such text enacted other than by 1104 this act shall be preserved and continue to operate to the 1105 extent that such amendments are not dependent upon the portions 1106 of text which expire pursuant to this section. 1107 Section 24. In order to implement Specific Appropriations 1108 203, 207, 208, 210, 212, and 221 of the 2019-2020 General 1109 Appropriations Act, subsection (12) is added to section 409.904, 1110 Florida Statutes, to read: 1111 409.904 Optional payments for eligible persons.—The agency 1112 may make payments for medical assistance and related services on 1113 behalf of the following persons who are determined to be 1114 eligible subject to the income, assets, and categorical 1115 eligibility tests set forth in federal and state law. Payment on 1116 behalf of these Medicaid eligible persons is subject to the 1117 availability of moneys and any limitations established by the 1118 General Appropriations Act or chapter 216. 1119 (12) Effective July 1, 2019, the agency shall make payments 1120 to Medicaid-covered services: 1121 (a) For eligible children and pregnant women, retroactive 1122 for a period of no more than 90 days before the month in which 1123 an application for Medicaid is submitted. 1124 (b) For eligible nonpregnant adults, retroactive to the 1125 first day of the month in which an application for Medicaid is 1126 submitted. 1127 1128 This subsection expires July 1, 2020. 1129 Section 25. In order to implement Specific Appropriations 1130 203, 207, 208, 210, 212, and 221 of the 2019-2020 General 1131 Appropriations Act: 1132 (1) By January 10, 2020, the Agency for Health Care 1133 Administration, in consultation with the Department of Children 1134 and Families, the Florida Hospital Association, the Safety Net 1135 Hospital Alliance of Florida, the Florida Health Care 1136 Association, and LeadingAge Florida, shall submit a report to 1137 the Governor, the President of the Senate, and the Speaker of 1138 the House of Representatives regarding the impact of the waiver 1139 of Medicaid retroactive eligibility on beneficiaries and 1140 providers. The report must include, but is not limited to: 1141 (a) The total unduplicated number of nonpregnant adults who 1142 applied for Medicaid at a hospital site from February 1, 2019, 1143 through December 6, 2019; and, of those applicants, the number 1144 whose Medicaid applications were approved, the number whose 1145 Medicaid applications were denied, and the reasons for denial 1146 ranked by frequency. 1147 (b) The total unduplicated number of nonpregnant adults who 1148 applied for Medicaid at a nursing home site from February 1, 1149 2019, through December 6, 2019; and, of those applicants, the 1150 number whose Medicaid applications were approved, the number 1151 whose Medicaid applications were denied, and the reasons for 1152 denial ranked by frequency. 1153 (c) The estimated impact of medical debt on people for whom 1154 a Medicaid application was not submitted in the same month when 1155 the individual became an inpatient of a hospital or a resident 1156 of a nursing home. 1157 (d) Recommendations to improve outreach and Medicaid 1158 coverage for nonpregnant adults who would be eligible for 1159 Medicaid if they applied before an event that requires hospital 1160 or nursing home care. 1161 (2) The Agency for Health Care Administration shall also 1162 include, as part of the report required by this section, a copy 1163 of the evaluation design and performance metrics submitted to 1164 the federal Centers for Medicare and Medicaid Services relating 1165 to the waiver of Medicaid retroactive eligibility, in conformity 1166 with the Special Terms and Conditions of this state’s Section 1167 1115 demonstration project, titled Managed Medical Assistance 1168 (MMA) Program (Project No. 11-W-00206/4). 1169 1170 This section expires July 1, 2020. 1171 Section 26. In order to implement Specific Appropriation 1172 245 of the 2019-2020 General Appropriations Act, subsection (10) 1173 of section 393.0661, Florida Statutes, is amended to read: 1174 393.0661 Home and community-based services delivery system; 1175 comprehensive redesign.—The Legislature finds that the home and 1176 community-based services delivery system for persons with 1177 developmental disabilities and the availability of appropriated 1178 funds are two of the critical elements in making services 1179 available. Therefore, it is the intent of the Legislature that 1180 the Agency for Persons with Disabilities shall develop and 1181 implement a comprehensive redesign of the system. 1182 (10) Implementation of Medicaid waiver programs and 1183 services authorized under this chapter is limited by the funds 1184 appropriated for the individual budgets pursuant to s. 393.0662 1185 and the four-tiered waiver system pursuant to subsection (3). 1186 Contracts with independent support coordinators and service 1187 providers must include provisions requiring compliance with 1188 agency cost containment initiatives. The agency shall implement 1189 monitoring and accounting procedures necessary to track actual 1190 expenditures and project future spending compared to available 1191 appropriations for Medicaid waiver programs. When necessary 1192 based on projected deficits, the agency must establish specific 1193 corrective action plans that incorporate corrective actions of 1194 contracted providers that are sufficient to align program 1195 expenditures with annual appropriations. If deficits continue 1196 during the 2018-20192012-2013fiscal year, the agency in 1197 conjunction with the Agency for Health Care Administration shall 1198 develop a plan to redesign the waiver program and submit the 1199 plan to the President of the Senate and the Speaker of the House 1200 of Representatives by September 30, 20192013. At a minimum, the 1201 plan must include the following elements: 1202 (a) Budget predictability.—Agency budget recommendations 1203 must include specific steps to restrict spending to budgeted 1204 amounts based on alternatives to the iBudget and four-tiered 1205 Medicaid waiver models. 1206 (b) Services.—The agency shall identify core services that 1207 are essential to provide for client health and safety and 1208 recommend elimination of coverage for other services that are 1209 not affordable based on available resources. 1210 (c) Flexibility.—The redesign shall be responsive to 1211 individual needs and to the extent possible encourage client 1212 control over allocated resources for their needs. 1213 (d) Support coordination services.—The plan shall modify 1214 the manner of providing support coordination services to improve 1215 management of service utilization and increase accountability 1216 and responsiveness to agency priorities. 1217 (e) Reporting.—The agency shall provide monthly reports to 1218 the President of the Senate and the Speaker of the House of 1219 Representatives on plan progress and development on July 31, 1220 20192013, and August 31, 20192013. 1221 (f) Implementation.—The implementation of a redesigned 1222 program is subject to legislative approvaland shall occur no1223later than July 1, 2014. The Agency for Health Care 1224 Administration shall seek federal waivers as needed to implement 1225 the redesigned plan once approved by the Legislature. 1226 Section 27. The amendment made to s. 393.0661(10), Florida 1227 Statutes, by this act expires July 1, 2020, and the text of that 1228 subsection shall revert to that in existence on June 30, 2019, 1229 except that any amendments to such text enacted other than by 1230 this act shall be preserved and continue to operate to the 1231 extent that such amendments are not dependent upon the portions 1232 of text which expire pursuant to this section. 1233 Section 28. In order to implement Specific Appropriations 1234 221 and 222 of the 2019-2020 General Appropriations Act, 1235 paragraph (d) of subsection (2) of section 400.179, Florida 1236 Statutes, is amended to read: 1237 400.179 Liability for Medicaid underpayments and 1238 overpayments.— 1239 (2) Because any transfer of a nursing facility may expose 1240 the fact that Medicaid may have underpaid or overpaid the 1241 transferor, and because in most instances, any such underpayment 1242 or overpayment can only be determined following a formal field 1243 audit, the liabilities for any such underpayments or 1244 overpayments shall be as follows: 1245 (d) Where the transfer involves a facility that has been 1246 leased by the transferor: 1247 1. The transferee shall, as a condition to being issued a 1248 license by the agency, acquire, maintain, and provide proof to 1249 the agency of a bond with a term of 30 months, renewable 1250 annually, in an amount not less than the total of 3 months’ 1251 Medicaid payments to the facility computed on the basis of the 1252 preceding 12-month average Medicaid payments to the facility. 1253 2. A leasehold licensee may meet the requirements of 1254 subparagraph 1. by payment of a nonrefundable fee, paid at 1255 initial licensure, paid at the time of any subsequent change of 1256 ownership, and paid annually thereafter, in the amount of 1 1257 percent of the total of 3 months’ Medicaid payments to the 1258 facility computed on the basis of the preceding 12-month average 1259 Medicaid payments to the facility. If a preceding 12-month 1260 average is not available, projected Medicaid payments may be 1261 used. The fee shall be deposited into the Grants and Donations 1262 Trust Fund and shall be accounted for separately as a Medicaid 1263 nursing home overpayment account. These fees shall be used at 1264 the sole discretion of the agency to repay nursing home Medicaid 1265 overpayments or for enhanced payments to nursing facilities as 1266 specified in the General Appropriations Act or other law. 1267 Payment of this fee shall not release the licensee from any 1268 liability for any Medicaid overpayments, nor shall payment bar 1269 the agency from seeking to recoup overpayments from the licensee 1270 and any other liable party. As a condition of exercising this 1271 lease bond alternative, licensees paying this fee must maintain 1272 an existing lease bond through the end of the 30-month term 1273 period of that bond. The agency is herein granted specific 1274 authority to promulgate all rules pertaining to the 1275 administration and management of this account, including 1276 withdrawals from the account, subject to federal review and 1277 approval. This provision shall take effect upon becoming law and 1278 shall apply to any leasehold license application. The financial 1279 viability of the Medicaid nursing home overpayment account shall 1280 be determined by the agency through annual review of the account 1281 balance and the amount of total outstanding, unpaid Medicaid 1282 overpayments owing from leasehold licensees to the agency as 1283 determined by final agency audits. By March 31 of each year, the 1284 agency shall assess the cumulative fees collected under this 1285 subparagraph, minus any amounts used to repay nursing home 1286 Medicaid overpayments and amounts transferred to contribute to 1287 the General Revenue Fund pursuant to s. 215.20. If the net 1288 cumulative collections, minus amounts utilized to repay nursing 1289 home Medicaid overpayments, exceed $10$25million, the 1290 provisions of this subparagraph shall not apply for the 1291 subsequent fiscal year. 1292 3. The leasehold licensee may meet the bond requirement 1293 through other arrangements acceptable to the agency. The agency 1294 is herein granted specific authority to promulgate rules 1295 pertaining to lease bond arrangements. 1296 4. All existing nursing facility licensees, operating the 1297 facility as a leasehold, shall acquire, maintain, and provide 1298 proof to the agency of the 30-month bond required in 1299 subparagraph 1., above, on and after July 1, 1993, for each 1300 license renewal. 1301 5. It shall be the responsibility of all nursing facility 1302 operators, operating the facility as a leasehold, to renew the 1303 30-month bond and to provide proof of such renewal to the agency 1304 annually. 1305 6. Any failure of the nursing facility operator to acquire, 1306 maintain, renew annually, or provide proof to the agency shall 1307 be grounds for the agency to deny, revoke, and suspend the 1308 facility license to operate such facility and to take any 1309 further action, including, but not limited to, enjoining the 1310 facility, asserting a moratorium pursuant to part II of chapter 1311 408, or applying for a receiver, deemed necessary to ensure 1312 compliance with this section and to safeguard and protect the 1313 health, safety, and welfare of the facility’s residents. A lease 1314 agreement required as a condition of bond financing or 1315 refinancing under s. 154.213 by a health facilities authority or 1316 required under s. 159.30 by a county or municipality is not a 1317 leasehold for purposes of this paragraph and is not subject to 1318 the bond requirement of this paragraph. 1319 Section 29. The amendment to s. 400.179(2)(d), Florida 1320 Statutes, made by this act expires July 1, 2020, and the text of 1321 that paragraph shall revert to that in existence on June 30, 1322 2019, except that any amendments to such text enacted other than 1323 by this act shall be preserved and continue to operate to the 1324 extent that such amendments are not dependent upon the portions 1325 of text which expire pursuant to this section. 1326 Section 30. In order to implement Specific Appropriations 1327 178 through 181 of the 2019-2020 General Appropriations Act, 1328 paragraph (b) of subsection (5) of section 624.91, Florida 1329 Statutes, is amended to read: 1330 624.91 The Florida Healthy Kids Corporation Act.— 1331 (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.— 1332 (b) The Florida Healthy Kids Corporation shall: 1333 1. Arrange for the collection of any family, local 1334 contributions, or employer payment or premium, in an amount to 1335 be determined by the board of directors, to provide for payment 1336 of premiums for comprehensive insurance coverage and for the 1337 actual or estimated administrative expenses. 1338 2. Arrange for the collection of any voluntary 1339 contributions to provide for payment of Florida Kidcare program 1340 premiums for children who are not eligible for medical 1341 assistance under Title XIX or Title XXI of the Social Security 1342 Act. 1343 3. Subject to the provisions of s. 409.8134, accept 1344 voluntary supplemental local match contributions that comply 1345 with the requirements of Title XXI of the Social Security Act 1346 for the purpose of providing additional Florida Kidcare coverage 1347 in contributing counties under Title XXI. 1348 4. Establish the administrative and accounting procedures 1349 for the operation of the corporation. 1350 5. Establish, with consultation from appropriate 1351 professional organizations, standards for preventive health 1352 services and providers and comprehensive insurance benefits 1353 appropriate to children, provided that such standards for rural 1354 areas shall not limit primary care providers to board-certified 1355 pediatricians. 1356 6. Determine eligibility for children seeking to 1357 participate in the Title XXI-funded components of the Florida 1358 Kidcare program consistent with the requirements specified in s. 1359 409.814, as well as the non-Title-XXI-eligible children as 1360 provided in subsection (3). 1361 7. Establish procedures under which providers of local 1362 match to, applicants to and participants in the program may have 1363 grievances reviewed by an impartial body and reported to the 1364 board of directors of the corporation. 1365 8. Establish participation criteria and, if appropriate, 1366 contract with an authorized insurer, health maintenance 1367 organization, or third-party administrator to provide 1368 administrative services to the corporation. 1369 9. Establish enrollment criteria that include penalties or 1370 waiting periods of 30 days for reinstatement of coverage upon 1371 voluntary cancellation for nonpayment of family premiums. 1372 10. Contract with authorized insurers or any provider of 1373 health care services, meeting standards established by the 1374 corporation, for the provision of comprehensive insurance 1375 coverage to participants. Such standards shall include criteria 1376 under which the corporation may contract with more than one 1377 provider of health care services in program sites. Health plans 1378 shall be selected through a competitive bid process. The Florida 1379 Healthy Kids Corporation shall purchase goods and services in 1380 the most cost-effective manner consistent with the delivery of 1381 quality medical care. The maximum administrative cost for a 1382 Florida Healthy Kids Corporation contract shall be 15 percent. 1383 For health care contracts, the minimum medical loss ratio for a 1384 Florida Healthy Kids Corporation contract shall be 85 percent. 1385 For dental contracts, the remaining compensation to be paid to 1386 the authorized insurer or provider under a Florida Healthy Kids 1387 Corporation contract shall be no less than an amount which is 85 1388 percent of premium; to the extent any contract provision does 1389 not provide for this minimum compensation, this section shall 1390 prevail. For an insurer or any provider of health care services 1391 which achieves an annual medical loss ratio below 85 percent, 1392 the Florida Healthy Kids Corporation shall validate the medical 1393 loss ratio and calculate an amount to be refunded by the insurer 1394 or any provider of health care services to the state which shall 1395 be deposited into the General Revenue Fund unallocated. The 1396 health plan selection criteria and scoring system, and the 1397 scoring results, shall be available upon request for inspection 1398 after the bids have been awarded. 1399 11. Establish disenrollment criteria in the event local 1400 matching funds are insufficient to cover enrollments. 1401 12. Develop and implement a plan to publicize the Florida 1402 Kidcare program, the eligibility requirements of the program, 1403 and the procedures for enrollment in the program and to maintain 1404 public awareness of the corporation and the program. 1405 13. Secure staff necessary to properly administer the 1406 corporation. Staff costs shall be funded from state and local 1407 matching funds and such other private or public funds as become 1408 available. The board of directors shall determine the number of 1409 staff members necessary to administer the corporation. 1410 14. In consultation with the partner agencies, provide a 1411 report on the Florida Kidcare program annually to the Governor, 1412 the Chief Financial Officer, the Commissioner of Education, the 1413 President of the Senate, the Speaker of the House of 1414 Representatives, and the Minority Leaders of the Senate and the 1415 House of Representatives. 1416 15. Provide information on a quarterly basis to the 1417 Legislature and the Governor which compares the costs and 1418 utilization of the full-pay enrolled population and the Title 1419 XXI-subsidized enrolled population in the Florida Kidcare 1420 program. The information, at a minimum, must include: 1421 a. The monthly enrollment and expenditure for full-pay 1422 enrollees in the Medikids and Florida Healthy Kids programs 1423 compared to the Title XXI-subsidized enrolled population; and 1424 b. The costs and utilization by service of the full-pay 1425 enrollees in the Medikids and Florida Healthy Kids programs and 1426 the Title XXI-subsidized enrolled population. 1427 16. Establish benefit packages that conform to the 1428 provisions of the Florida Kidcare program, as created in ss. 1429 409.810-409.821. 1430 Section 31. The amendment made to s. 624.91(5)(b), Florida 1431 Statutes, by this act expires July 1, 2020, and the text of that 1432 paragraph shall revert to that in existence on June 30, 2019, 1433 except that any amendments to such text enacted other than by 1434 this act shall be preserved and continue to operate to the 1435 extent that such amendments are not dependent upon the portions 1436 of text which expire pursuant to this section. 1437 Section 32. In order to implement Specific Appropriations 1438 533, 534, 539, and 542 of the 2019-2020 General Appropriations 1439 Act, subsection (17) of section 893.055, Florida Statutes, is 1440 amended to read: 1441 893.055 Prescription drug monitoring program.— 1442 (17) For the 2019-20202018-2019fiscal year only, neither 1443 the Attorney General nor the department may use funds received 1444 as part of a settlement agreement to administer the prescription 1445 drug monitoring program. This subsection expires July 1, 2020 14462019. 1447 Section 33. In order to implement Specific Appropriation 1448 204 of the 2019-2020 General Appropriations Act, subsections (2) 1449 and (10) of section 409.911, Florida Statutes, are amended to 1450 read: 1451 409.911 Disproportionate share program.—Subject to specific 1452 allocations established within the General Appropriations Act 1453 and any limitations established pursuant to chapter 216, the 1454 agency shall distribute, pursuant to this section, moneys to 1455 hospitals providing a disproportionate share of Medicaid or 1456 charity care services by making quarterly Medicaid payments as 1457 required. Notwithstanding the provisions of s. 409.915, counties 1458 are exempt from contributing toward the cost of this special 1459 reimbursement for hospitals serving a disproportionate share of 1460 low-income patients. 1461 (2) The Agency for Health Care Administration shall use the 1462 following actual audited data to determine the Medicaid days and 1463 charity care to be used in calculating the disproportionate 1464 share payment: 1465 (a) The average of the 2011, 2012, and 20132010, 2011, and14662012audited disproportionate share data to determine each 1467 hospital’s Medicaid days and charity care for the 2019-2020 14682018-2019state fiscal year. 1469 (b) If the Agency for Health Care Administration does not 1470 have the prescribed 3 years of audited disproportionate share 1471 data as noted in paragraph (a) for a hospital, the agency shall 1472 use the average of the years of the audited disproportionate 1473 share data as noted in paragraph (a) which is available. 1474 (c) In accordance with s. 1923(b) of the Social Security 1475 Act, a hospital with a Medicaid inpatient utilization rate 1476 greater than one standard deviation above the statewide mean or 1477 a hospital with a low-income utilization rate of 25 percent or 1478 greater shall qualify for reimbursement. 1479 (10) Notwithstanding any provision of this section to the 1480 contrary, for the 2019-20202018-2019state fiscal year, the 1481 agency shall distribute moneys to hospitals providing a 1482 disproportionate share of Medicaid or charity care services as 1483 provided in the 2019-20202018-2019General Appropriations Act. 1484 This subsection expires July 1, 20202019. 1485 Section 34. In order to implement Specific Appropriation 1486 204 of the 2019-2020 General Appropriations Act, subsection (3) 1487 of section 409.9113, Florida Statutes, is amended to read: 1488 409.9113 Disproportionate share program for teaching 1489 hospitals.—In addition to the payments made under s. 409.911, 1490 the agency shall make disproportionate share payments to 1491 teaching hospitals, as defined in s. 408.07, for their increased 1492 costs associated with medical education programs and for 1493 tertiary health care services provided to the indigent. This 1494 system of payments must conform to federal requirements and 1495 distribute funds in each fiscal year for which an appropriation 1496 is made by making quarterly Medicaid payments. Notwithstanding 1497 s. 409.915, counties are exempt from contributing toward the 1498 cost of this special reimbursement for hospitals serving a 1499 disproportionate share of low-income patients. The agency shall 1500 distribute the moneys provided in the General Appropriations Act 1501 to statutorily defined teaching hospitals and family practice 1502 teaching hospitals, as defined in s. 395.805, pursuant to this 1503 section. The funds provided for statutorily defined teaching 1504 hospitals shall be distributed as provided in the General 1505 Appropriations Act. The funds provided for family practice 1506 teaching hospitals shall be distributed equally among family 1507 practice teaching hospitals. 1508 (3) Notwithstanding any provision of this section to the 1509 contrary, for the 2019-20202018-2019state fiscal year, the 1510 agency shall make disproportionate share payments to teaching 1511 hospitals, as defined in s. 408.07, as provided in the 2019-2020 15122018-2019General Appropriations Act. This subsection expires 1513 July 1, 20202019. 1514 Section 35. In order to implement Specific Appropriation 1515 204 of the 2019-2020 General Appropriations Act, subsection (4) 1516 of section 409.9119, Florida Statutes, is amended to read: 1517 409.9119 Disproportionate share program for specialty 1518 hospitals for children.—In addition to the payments made under 1519 s. 409.911, the Agency for Health Care Administration shall 1520 develop and implement a system under which disproportionate 1521 share payments are made to those hospitals that are separately 1522 licensed by the state as specialty hospitals for children, have 1523 a federal Centers for Medicare and Medicaid Services 1524 certification number in the 3300-3399 range, have Medicaid days 1525 that exceed 55 percent of their total days and Medicare days 1526 that are less than 5 percent of their total days, and were 1527 licensed on January 1, 2013, as specialty hospitals for 1528 children. This system of payments must conform to federal 1529 requirements and must distribute funds in each fiscal year for 1530 which an appropriation is made by making quarterly Medicaid 1531 payments. Notwithstanding s. 409.915, counties are exempt from 1532 contributing toward the cost of this special reimbursement for 1533 hospitals that serve a disproportionate share of low-income 1534 patients. The agency may make disproportionate share payments to 1535 specialty hospitals for children as provided for in the General 1536 Appropriations Act. 1537 (4) Notwithstanding any provision of this section to the 1538 contrary, for the 2019-20202018-2019state fiscal year, for 1539 hospitals achieving full compliance under subsection (3), the 1540 agency shall make disproportionate share payments to specialty 1541 hospitals for children as provided in the 2019-20202018-20191542 General Appropriations Act. This subsection expires July 1, 2020 15432019. 1544 Section 36. In order to implement Specific Appropriations 1545 197 through 224 of the 2019-2020 General Appropriations Act, and 1546 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1547 Agency for Health Care Administration may submit a budget 1548 amendment, subject to the notice, review, and objection 1549 procedures of s. 216.177, Florida Statutes, to realign funding 1550 within the Medicaid program appropriation categories to address 1551 projected surpluses and deficits within the program and to 1552 maximize the use of state trust funds. A single budget amendment 1553 shall be submitted in the last quarter of the 2019-2020 fiscal 1554 year only. This section expires July 1, 2020. 1555 Section 37. In order to implement Specific Appropriations 1556 178 through 183 and 523 of the 2019-2020 General Appropriations 1557 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1558 Statutes, the Agency for Health Care Administration and the 1559 Department of Health may each submit a budget amendment, subject 1560 to the notice, review, and objection procedures of s. 216.177, 1561 Florida Statutes, to realign funding within the Florida Kidcare 1562 program appropriation categories, or to increase budget 1563 authority in the Children’s Medical Services Network category, 1564 to address projected surpluses and deficits within the program 1565 or to maximize the use of state trust funds. A single budget 1566 amendment must be submitted by each agency in the last quarter 1567 of the 2019-2020 fiscal year only. This section expires July 1, 1568 2020. 1569 Section 38. In order to implement Specific Appropriations 1570 208, 225 through 236, and 368 of the 2019-2020 General 1571 Appropriations Act and notwithstanding s. 400.9905, Florida 1572 Statutes, the following entities are exempt from the licensure 1573 requirements of part X of chapter 400, Florida Statutes: 1574 (1) Entities that are under the common ownership or control 1575 by a mutual insurance holding company, as defined in s. 628.703, 1576 Florida Statutes, with an entity licensed or certified under 1577 chapter 624, Florida Statutes, or chapter 641, Florida Statutes, 1578 that has $1 billion or more in total annual sales in this state. 1579 (2) Entities that are owned by an entity who is a 1580 behavioral health service provider in at least 5 states other 1581 than Florida and that, together with its affiliates, have $90 1582 million or more in total annual revenues associated with the 1583 provision of behavioral health care services and where one or 1584 more of the persons responsible for the operations of the entity 1585 is a health care practitioner who is licensed in this state and 1586 who is responsible for supervising the business activities of 1587 the entity and is responsible for the entity’s compliance with 1588 state law for purposes of part X of chapter 400, Florida 1589 Statutes. 1590 1591 This section expires July 1, 2020. 1592 Section 39. In order to implement Specific Appropriations 1593 467, 468, and 474 of the 2019-2020 General Appropriations Act, 1594 subsection (17) of section 381.986, Florida Statutes, is amended 1595 to read: 1596 381.986 Medical use of marijuana.— 1597 (17) Rules adopted pursuant to this section before July 1, 1598 20202019, are not subject to ss. 120.54(3)(b) and 120.541s.1599120.541(3). Notwithstanding paragraph (8)(e), a medical 1600 marijuana treatment center may use a laboratory that has not 1601 been certified by the department under s. 381.988 until such 1602 time as at least one laboratory holds the required certification 1603 pursuant to s. 381.988, but in no event later than July 1, 2020 16042019. This subsection expires July 1, 20202019. 1605 Section 40. In order to implement Specific Appropriations 1606 467, 468, and 474 of the 2019-2020 General Appropriations Act, 1607 subsection (11) of section 381.988, Florida Statutes, is amended 1608 to read: 1609 381.988 Medical marijuana testing laboratories; marijuana 1610 tests conducted by a certified laboratory.— 1611 (11) Rules adopted under subsection (9) before July 1, 2020 16122019, are not subject to ss. 120.54(3)(b) and 120.541s.1613120.541(3). This subsection expires July 1, 20202019. 1614 Section 41. In order to implement Specific Appropriations 1615 467, 468, and 474 of the 2019-2020 General Appropriations Act, 1616 subsection (1) of section 14 of chapter 2017-232, Laws of 1617 Florida, is amended to read: 1618 Section 14. Department of Health; authority to adopt rules; 1619 cause of action.— 1620 (1) EMERGENCY RULEMAKING.— 1621 (a) The Department of Health and the applicable boards 1622 shall adopt emergency rules pursuant to s. 120.54(4), Florida 1623 Statutes, and this section necessary to implement ss. 381.986 1624 and 381.988, Florida Statutes. If an emergency rule adopted 1625 under this section is held to be unconstitutional or an invalid 1626 exercise of delegated legislative authority, and becomes void, 1627 the department or the applicable boards may adopt an emergency 1628 rule pursuant to this section to replace the rule that has 1629 become void. If the emergency rule adopted to replace the void 1630 emergency rule is also held to be unconstitutional or an invalid 1631 exercise of delegated legislative authority and becomes void, 1632 the department and the applicable boards must follow the 1633 nonemergency rulemaking procedures of the Administrative 1634 Procedures Act to replace the rule that has become void. 1635 (b) For emergency rules adopted under this section, the 1636 department and the applicable boards need not make the findings 1637 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 1638 adopted under this section are exempt from ss. 120.54(3)(b) and 1639 120.541, Florida Statutes. The department and the applicable 1640 boards shall meet the procedural requirements in s. 120.54(4)(a) 1641s. 120.54(a), Florida Statutes, if the department or the 1642 applicable boards have, before July 1, 2019the effective date1643of this act, held any public workshops or hearings on the 1644 subject matter of the emergency rules adopted under this 1645 subsection. Challenges to emergency rules adopted under this 1646 subsection are subject to the time schedules provided in s. 1647 120.56(5), Florida Statutes. 1648 (c) Emergency rules adopted under this section are exempt 1649 from s. 120.54(4)(c), Florida Statutes, and shall remain in 1650 effect until replaced by rules adopted under the nonemergency 1651 rulemaking procedures of the Administrative Procedures Act. 1652 Rules adopted under the nonemergency rulemaking procedures of 1653 the Administrative Procedures Act to replace emergency rules 1654 adopted under this section are exempt from ss. 120.54(3)(b) and 1655 120.541, Florida Statutes. By July 1, 2020January 1, 2018, the 1656 department and the applicable boards shall initiate nonemergency 1657 rulemaking pursuant to the Administrative Procedures Act to 1658 replace all emergency rules adopted under this section by 1659 publishing a notice of rule development in the Florida 1660 Administrative Register. Except as provided in paragraph (a), 1661 after July 1, 2020January 1, 2018, the department and 1662 applicable boards may not adopt rules pursuant to the emergency 1663 rulemaking procedures provided in this section. 1664 Section 42. The amendment to s. 14(1) of chapter 2017-232, 1665 Laws of Florida, by this act expires July 1, 2020, and the text 1666 of that subsection shall revert to that in existence on June 30, 1667 2019, except that any amendments to such text enacted other than 1668 by this act shall be preserved and continue to operate to the 1669 extent that such amendments are not dependent upon the portions 1670 of text which expire pursuant to this section. 1671 Section 43. In order to implement Specific Appropriations 1672 474 and 525 of the 2019-2020 General Appropriations Act, 1673 paragraph (a) of subsection (2) of section 383.14, Florida 1674 Statutes, is amended to read: 1675 383.14 Screening for metabolic disorders, other hereditary 1676 and congenital disorders, and environmental risk factors.— 1677 (2) RULES.— 1678 (a) After consultation with the Genetics and Newborn 1679 Screening Advisory Council, the department shall adopt and 1680 enforce rules requiring that every newborn in this state shall: 1681 1. Before becoming 1 week of age, be subjected to a test 1682 for phenylketonuria; 1683 2. Be tested for any condition included on the federal 1684 Recommended Uniform Screening Panel which the council advises 1685 the department should be included under the state’s screening 1686 program. After the council recommends that a condition be 1687 included, the department shall submit a legislative budget 1688 request to seek an appropriation to add testing of the condition 1689 to the newborn screening program. The department shall expand 1690 statewide screening of newborns to include screening for such 1691 conditions within 18 months after the council renders such 1692 advice, if a test approved by the United States Food and Drug 1693 Administration or a test offered by an alternative vendor is 1694 available. If such a test is not available within 18 months 1695 after the council makes its recommendation, the department shall 1696 implement such screening as soon as a test offered by the United 1697 States Food and Drug Administration or by an alternative vendor 1698 is available;and1699 3. At the appropriate age, be tested for such other 1700 metabolic diseases and hereditary or congenital disorders as the 1701 department may deem necessary from time to time; and 1702 4. Notwithstanding subparagraph 2., be screened for spinal 1703 muscular atrophy following integration of such a test into the 1704 newborn screening testing panel. The department shall implement 1705 such screening using a test offered by the United States Food 1706 and Drug Administration or by an alternative vendor as soon as 1707 practicable after July 1, 2019, but no later than May 3, 2020. 1708 This subparagraph expires July 1, 2020. 1709 Section 44. In order to implement Specific Appropriations 1710 326, 327A, 358, and 359 of the 2019-2020 General Appropriations 1711 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1712 Statutes, the Department of Children and Families may submit a 1713 budget amendment, subject to the notice, review, and objection 1714 procedures of s. 216.177, Florida Statutes, to realign funding 1715 within the department based on the implementation of the 1716 Guardianship Assistance Program, between and among the specific 1717 appropriations for guardianship assistance payments, foster care 1718 Level 1 room and board payments, relative caregiver payments, 1719 and nonrelative caregiver payments. This section expires July 1, 1720 2020. 1721 Section 45. In order to implement Specific Appropriations 1722 326 and 327A of the 2019-2020 General Appropriations Act, the 1723 Department of Children and Families shall establish a formula to 1724 distribute the recurring sums of $10,597,824 from the General 1725 Revenue Fund and $11,922,238 from the Federal Grants Trust Fund 1726 for actual and direct costs to implement the Guardianship 1727 Assistance Program, including Level 1 foster care board 1728 payments, licensing staff for community-based care lead 1729 agencies, and guardianship assistance payments. This section 1730 expires July 1, 2020. 1731 Section 46. In order to implement Specific Appropriations 1732 326 and 327A of the 2019-2020 General Appropriations Act, 1733 paragraph (a) of subsection (1) of section 409.991, Florida 1734 Statutes, is amended to read: 1735 409.991 Allocation of funds for community-based care lead 1736 agencies.— 1737 (1) As used in this section, the term: 1738 (a) “Core services funds” means all funds allocated to 1739 community-based care lead agencies operating under contract with 1740 the department pursuant to s. 409.987, with the following 1741 exceptions: 1742 1. Funds appropriated for independent living.;1743 2. Funds appropriated for maintenance adoption subsidies.;1744 3. Funds appropriated for actual and direct costs to 1745 implement the Guardianship Assistance Program, including Level 1 1746 foster care board payments, licensing staff for community-based 1747 care lead agencies, and guardianship assistance payments. This 1748 subparagraph expires July 1, 2020. 1749 4. Funds allocated by the department for protective 1750 investigations training.;1751 5.4.Nonrecurring funds.;1752 6.5.Designated mental health wrap-around services funds.;1753and1754 7.6.Funds for special projects for a designated community 1755 based care lead agency. 1756 Section 47. In order to implement Specific Appropriations 1757 551 through 558 and 560 of the 2019-2020 General Appropriations 1758 Act, subsection (3) of section 296.37, Florida Statutes, is 1759 amended to read: 1760 296.37 Residents; contribution to support.— 1761 (3) Notwithstanding subsection (1), each resident of the 1762 home who receives a pension, compensation, or gratuity from the 1763 United States Government, or income from any other source, of 1764 more than $130 per month shall contribute to his or her 1765 maintenance and support while a resident of the home in 1766 accordance with a payment schedule determined by the 1767 administrator and approved by the director. The total amount of 1768 such contributions shall be to the fullest extent possible, but, 1769 in no case, shall exceed the actual cost of operating and 1770 maintaining the home. This subsection expires July 1, 20202019. 1771 Section 48. In order to implement Specific Appropriations 1772 470 and 507 of the 2019-2020 General Appropriations Act, and 1773 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1774 Department of Health may submit a budget amendment, subject to 1775 the notice, review, and objection procedures of s. 216.177, 1776 Florida Statutes, to increase budget authority for the HIV/AIDS 1777 Prevention and Treatment Program if additional federal revenues 1778 specific to HIV/AIDS prevention and treatment become available 1779 in the 2019-2020 fiscal year. This section expires July 1, 2020. 1780 Section 49. In order to implement Specific Appropriations 1781 349 and 350 of the 2019-2020 General Appropriations Act, and 1782 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1783 Department of Children and Families may submit a budget 1784 amendment, subject to the notice, review, and objection 1785 procedures of s. 216.177, Florida Statutes, to increase budget 1786 authority for the Supplemental Nutrition Assistance Program if 1787 additional federal revenue specific to the program becomes 1788 available for the program in the 2019-2020 fiscal year. This 1789 section expires July 1, 2020. 1790 Section 50. In order to implement Specific Appropriations 1791 307 through 310, 314, 315, 318, 323 through 326, and 327A of the 1792 2019-2020 General Appropriations Act, and notwithstanding ss. 1793 216.181 and 216.292, Florida Statutes, the Department of 1794 Children and Families may submit a budget amendment, subject to 1795 the notice, review, and objection procedures of s. 216.177, 1796 Florida Statutes, to realign funding within the Family Safety 1797 Program to maximize the use of Title IV-E and other federal 1798 funds. This section expires July 1, 2020. 1799 Section 51. In order to implement Specific Appropriations 1800 581 through 704A and 716 through 750 of the 2019-2020 General 1801 Appropriations Act, subsection (4) of section 216.262, Florida 1802 Statutes, is amended to read: 1803 216.262 Authorized positions.— 1804 (4) Notwithstanding the provisions of this chapter relating 1805 to increasing the number of authorized positions, and for the 1806 2019-20202018-2019fiscal year only, if the actual inmate 1807 population of the Department of Corrections exceeds the inmate 1808 population projections of the February 22, 2019December 20,18092017, Criminal Justice Estimating Conference by 1 percent for 2 1810 consecutive months or 2 percent for any month, the Executive 1811 Office of the Governor, with the approval of the Legislative 1812 Budget Commission, shall immediately notify the Criminal Justice 1813 Estimating Conference, which shall convene as soon as possible 1814 to revise the estimates. The Department of Corrections may then 1815 submit a budget amendment requesting the establishment of 1816 positions in excess of the number authorized by the Legislature 1817 and additional appropriations from unallocated general revenue 1818 sufficient to provide for essential staff, fixed capital 1819 improvements, and other resources to provide classification, 1820 security, food services, health services, and other variable 1821 expenses within the institutions to accommodate the estimated 1822 increase in the inmate population. All actions taken pursuant to 1823 this subsection are subject to review and approval by the 1824 Legislative Budget Commission. This subsection expires July 1, 1825 20202019. 1826 Section 52. In order to implement Specific Appropriation 1827 737 of the 2019-2020 General Appropriations Act, and upon the 1828 expiration and reversion of the amendments made by section 44 of 1829 chapter 2018-10, Laws of Florida, paragraph (b) of subsection 1830 (7) of section 1011.80, Florida Statutes, is amended to read: 1831 1011.80 Funds for operation of workforce education 1832 programs.— 1833 (7) 1834 (b) State funds provided for the operation of postsecondary 1835 workforce programs may not be expended for the education of 1836 state or federal inmates, except to the extent that such funds 1837 are specifically appropriated for such purpose in the 2019-2020 1838 General Appropriations Actwith more than 24 months of time1839remaining to serve on their sentences or federal inmates. 1840 Section 53. The amendment made to s. 1011.80(7)(b), Florida 1841 Statutes, by this act expires July 1, 2020, and the text of that 1842 paragraph shall revert to that in existence on July 1, 2019, but 1843 not including any amendments made by this act, and any 1844 amendments to such text enacted other than by this act shall be 1845 preserved and continue to operate to the extent that such 1846 amendments are not dependent upon the portions of text which 1847 expire pursuant to this section. 1848 Section 54. In order to implement Specific Appropriations 1849 3208 through 3274 of the 2019-2020 General Appropriations Act, 1850 subsection (2) of section 215.18, Florida Statutes, is amended 1851 to read: 1852 215.18 Transfers between funds; limitation.— 1853 (2) The Chief Justice of the Supreme Court may receive one 1854 or more trust fund loans to ensure that the state court system 1855 has funds sufficient to meet its appropriations in the 2019-2020 18562018-2019General Appropriations Act. If the Chief Justice 1857 accesses the loan, he or she must notify the Governor and the 1858 chairs of the legislative appropriations committees in writing. 1859 The loan must come from other funds in the State Treasury which 1860 are for the time being or otherwise in excess of the amounts 1861 necessary to meet the just requirements of such last-mentioned 1862 funds. The Governor shall order the transfer of funds within 5 1863 days after the written notification from the Chief Justice. If 1864 the Governor does not order the transfer, the Chief Financial 1865 Officer shall transfer the requested funds. The loan of funds 1866 from which any money is temporarily transferred must be repaid 1867 by the end of the 2019-20202018-2019fiscal year. This 1868 subsection expires July 1, 20202019. 1869 Section 55. (1) In order to implement Specific 1870 Appropriations 1153 through 1164 of the 2019-2020 General 1871 Appropriations Act, the Department of Juvenile Justice is 1872 required to review county juvenile detention payments to ensure 1873 that counties fulfill their financial responsibilities required 1874 in s. 985.6865, Florida Statutes. If the Department of Juvenile 1875 Justice determines that a county has not met its obligations, 1876 the department shall direct the Department of Revenue to deduct 1877 the amount owed to the Department of Juvenile Justice from the 1878 funds provided to the county under s. 218.23, Florida Statutes. 1879 The Department of Revenue shall transfer the funds withheld to 1880 the Shared County/State Juvenile Detention Trust Fund. 1881 (2) As an assurance to holders of bonds issued by counties 1882 before July 1, 2019, for which distributions made pursuant to s. 1883 218.23, Florida Statutes, are pledged, or bonds issued to refund 1884 such bonds which mature no later than the bonds they refunded 1885 and which result in a reduction of debt service payable in each 1886 fiscal year, the amount available for distribution to a county 1887 shall remain as provided by law and continue to be subject to 1888 any lien or claim on behalf of the bondholders. The Department 1889 of Revenue must ensure, based on information provided by an 1890 affected county, that any reduction in amounts distributed 1891 pursuant to subsection (1) does not reduce the amount of 1892 distribution to a county below the amount necessary for the 1893 timely payment of principal and interest when due on the bonds 1894 and the amount necessary to comply with any covenant under the 1895 bond resolution or other documents relating to the issuance of 1896 the bonds. If a reduction to a county’s monthly distribution 1897 must be decreased in order to comply with this section, the 1898 Department of Revenue must notify the Department of Juvenile 1899 Justice of the amount of the decrease, and the Department of 1900 Juvenile Justice must send a bill for payment of such amount to 1901 the affected county. 1902 (3) This section expires July 1, 2020. 1903 Section 56. In order to implement Specific Appropriations 1904 761 through 784A, 952 through 1097, and 1118 through 1152 of the 1905 2019-2020 General Appropriations Act, subsection (1), paragraph 1906 (a) of subsection (2), paragraph (a) of subsection (3), and 1907 subsections (5), (6), and (7) of section 27.40, Florida 1908 Statutes, are amended to read: 1909 27.40 Court-appointed counsel; circuit registries; minimum 1910 requirements; appointment by court.— 1911 (1) Counsel shall be appointed to represent any individual 1912 in a criminal or civil proceeding entitled to court-appointed 1913 counsel under the Federal or State Constitution or as authorized 1914 by general law. The court shall appoint a public defender to 1915 represent indigent persons as authorized in s. 27.51. The office 1916 of criminal conflict and civil regional counsel shall be 1917 appointed to represent persons in those cases in which provision 1918 is made for court-appointed counsel, but only after the public 1919 defender has certified to the court in writing that the public 1920 defender is unable to provide representation due to a conflict 1921 of interest or is not authorized to provide representation. The 1922 public defender shall report, in the aggregate, the specific 1923 basis of all conflicts of interest certified to the court. On a 1924 quarterly basis, the public defender shall submit this 1925 information to the Justice Administrative Commission. 1926 (2)(a) Private counsel shall be appointed to represent 1927 persons in those cases in which provision is made for court 1928 appointed counsel but only after the office of criminal conflict 1929 and civil regional counsel has been appointed and has certified 1930 to the court in writing that the criminal conflict and civil 1931 regional counsel is unable to provide representation due to a 1932 conflict of interest. The criminal conflict and civil regional 1933 counsel shall report, in the aggregate, the specific basis of 1934 all conflicts of interest certified to the court. On a quarterly 1935 basis, the criminal conflict and civil regional counsel shall 1936 submit this information to the Justice Administrative 1937 Commission. 1938 (3) In using a registry: 1939 (a) The chief judge of the circuit shall compile a list of 1940 attorneys in private practice, by county and by category of 1941 cases, and provide the list to the clerk of court in each 1942 county. The chief judge of the circuit may restrict the number 1943 of attorneys on the general registry list. To be included on a 1944 registry, an attorney must certify that he or she: 1945 1. Meets any minimum requirements established by the chief 1946 judge and by general law for court appointment; 1947 2. Is available to represent indigent defendants in cases 1948 requiring court appointment of private counsel; and 1949 3. Is willing to abide by the terms of the contract for 1950 services, s. 27.5304, and this section. 1951 1952 To be included on a registry, an attorney must enter into a 1953 contract for services with the Justice Administrative 1954 Commission. Failure to comply with the terms of the contract for 1955 services may result in termination of the contract and removal 1956 from the registry. Each attorney on the registry is responsible 1957 for notifying the clerk of the court and the Justice 1958 Administrative Commission of any change in his or her status. 1959 Failure to comply with this requirement is cause for termination 1960 of the contract for services and removal from the registry until 1961 the requirement is fulfilled. 1962 (5) The Justice Administrative Commission shall approve 1963 uniform contract forms for use in procuring the services of 1964 private court-appointed counsel and uniform procedures and forms 1965 for use by a court-appointed attorney in support of billing for 1966 attorney’s fees, costs, and related expenses to demonstrate the 1967 attorney’s completion of specified duties. Such uniform 1968 contracts and forms for use in billing must be consistent with 1969 s. 27.5304, s. 216.311, and the General Appropriations Act and 1970 must contain the following statement: “The State of Florida’s 1971 performance and obligation to pay under this contract is 1972 contingent upon an annual appropriation by the Legislature.” 1973 (6) After court appointment, the attorney must immediately 1974 file a notice of appearance with the court indicating acceptance 1975 of the appointment to represent the defendant and of the terms 1976 of the uniform contract as specified in subsection (5). 1977 (7)(a) A private attorney appointed by the court from the 1978 registry to represent a client is entitled to payment as 1979 provided in s. 27.5304 so long as the requirements of subsection 1980 (1) and paragraph (2)(a) are met. An attorney appointed by the 1981 court who is not on the registry list may be compensated under 1982 s. 27.5304 only if the court finds in the order of appointment 1983 that there were no registry attorneys available for 1984 representation for that case and only if the requirements of 1985 subsection (1) and paragraph (2)(a) are met. 1986 (b)1. The flat fee established in s. 27.5304 and the 1987 General Appropriations Act shall be presumed by the court to be 1988 sufficient compensation. The attorney shall maintain appropriate 1989 documentation, including contemporaneous and detailed hourly 1990 accounting of time spent representing the client. If the 1991 attorney fails to maintain such contemporaneous and detailed 1992 hourly records, the attorney waives the right to seek 1993 compensation in excess of the flat fee established in s. 27.5304 1994 and the General Appropriations Act. These records and documents 1995 are subject to review by the Justice Administrative Commission 1996 and audit by the Auditor General, subject to the attorney-client 1997 privilege and work-product privilege. The attorney shall 1998 maintain the records and documents in a manner that enables the 1999 attorney to redact any information subject to a privilege in 2000 order to facilitate the commission’s review of the records and 2001 documents and not to impede such review. The attorney may redact 2002 information from the records and documents only to the extent 2003 necessary to comply with the privilege. The Justice 2004 Administrative Commission shall review such records and shall 2005 contemporaneously document such review before authorizing 2006 payment to an attorney. Objections by or on behalf of the 2007 Justice Administrative Commission to records or documents or to 2008 claims for payment by the attorney shall be presumed correct by 2009 the court unless the court determines in writing competent and 2010 substantial evidence exists to justify overcoming the 2011 presumption. 2012 2. If an attorney fails, refuses, or declines to permit the 2013 commission or the Auditor General to review documentation for a 2014 case as provided in this paragraph, the attorney waives the 2015 right to seek, and the commission may not pay, compensation in 2016 excess of the flat fee established in s. 27.5304 and the General 2017 Appropriations Act for that case. 2018 3. A finding by the commission that an attorney has waived 2019 the right to seek compensation in excess of the flat fee 2020 established in s. 27.5304 and the General Appropriations Act, as 2021 provided in this paragraph, shall beispresumed to be correct 2022valid, unless the, as determined by acourt determines, in 2023 writing, that competent and substantial evidence exists to 2024 justify overcoming the presumption, the commission’s finding is2025not supported by competent and substantial evidence. 2026 Section 57. The amendments to s. 27.40(1), (2)(a), (3)(a), 2027 (5), (6), and (7), Florida Statutes, by this act expire July 1, 2028 2020, and the text of those subsections and paragraphs, as 2029 applicable, shall revert to that in existence on June 30, 2019, 2030 except that any amendments to such text enacted other than by 2031 this act shall be preserved and continue to operate to the 2032 extent that such amendments are not dependent upon the portions 2033 of text which expire pursuant to this section. 2034 Section 58. In order to implement Specific Appropriations 2035 761 through 784A, 952 through 1097, and 1118 through 1152 of the 2036 2019-2020 General Appropriations Act, subsections (1), (3), (7), 2037 and (11), paragraphs (a) through (e) of subsection (12), and 2038 subsection (13) of section 27.5304, Florida Statutes, are 2039 amended to read: 2040 27.5304 Private court-appointed counsel; compensation; 2041 notice.— 2042 (1) Private court-appointed counsel appointed in the manner 2043 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the 2044 Justice Administrative Commission only as provided in this 2045 section and the General Appropriations Act. The flat fees 2046 prescribed in this section are limitations on compensation. The 2047 specific flat fee amounts for compensation shall be established 2048 annually in the General Appropriations Act. The attorney also 2049 shall be reimbursed for reasonable and necessary expenses in 2050 accordance with s. 29.007. If the attorney is representing a 2051 defendant charged with more than one offense in the same case, 2052 the attorney shall be compensated at the rate provided for the 2053 most serious offense for which he or she represented the 2054 defendant. This section does not allow stacking of the fee 2055 limits established by this section. 2056 (3) The court retains primary authority and responsibility 2057 for determining the reasonableness of all billings for attorney 2058 fees, costs, and related expenses, subject to statutory 2059 limitations and the requirements of s. 27.40(7). Private court 2060 appointed counsel is entitled to compensation upon final 2061 disposition of a case. 2062 (7) Counsel eligibleentitledto receive compensation from 2063 the state for representation pursuant to court appointment made 2064 in accordance with the requirements of s. 27.40(1) and (2)(a) in 2065 a proceeding under chapter 384, chapter 390, chapter 392, 2066 chapter 393, chapter 394, chapter 397, chapter 415, chapter 743, 2067 chapter 744, or chapter 984 shall receive compensation not to 2068 exceed the limits prescribed in the General Appropriations Act. 2069 Any such compensation must be determined as provided in s. 2070 27.40(7). 2071 (11) It is the intent of the Legislature that the flat fees 2072 prescribed under this section and the General Appropriations Act 2073 comprise the full and complete compensation for private court 2074 appointed counsel. It is further the intent of the Legislature 2075 that the fees in this section are prescribed for the purpose of 2076 providing counsel with notice of the limit on the amount of 2077 compensation for representation in particular proceedings and 2078 the sole procedure and requirements for obtaining payment for 2079 the same. 2080 (a) If court-appointed counsel moves to withdraw prior to 2081 the full performance of his or her duties through the completion 2082 of the case, the court shall presume that the attorney is not 2083 entitled to the payment of the full flat fee established under 2084 this section and the General Appropriations Act. 2085 (b) If court-appointed counsel is allowed to withdraw from 2086 representation prior to the full performance of his or her 2087 duties through the completion of the case and the court appoints 2088 a subsequent attorney, the total compensation for the initial 2089 and any and all subsequent attorneys may not exceed the flat fee 2090 established under this section and the General Appropriations 2091 Act, except as provided in subsection (12). 2092 2093 This subsection constitutes notice to any subsequently appointed 2094 attorney that he or she will not be compensated the full flat 2095 fee. 2096 (12) The Legislature recognizes that on rare occasions an 2097 attorney may receive a case that requires extraordinary and 2098 unusual effort. 2099 (a) If counsel seeks compensation that exceeds the limits 2100 prescribed by law, he or she must file a motion with the chief 2101 judge for an order approving payment of attorney fees in excess 2102 of these limits. 2103 1. Before filing the motion, the counsel shall deliver a 2104 copy of the intended billing, together with supporting 2105 affidavits and all other necessary documentation, to the Justice 2106 Administrative Commission. 2107 2. The Justice Administrative Commission shall review the 2108 billings, affidavit, and documentation for completeness and 2109 compliance with contractual and statutory requirements and shall 2110 contemporaneously document such review before authorizing 2111 payment to an attorney. If the Justice Administrative Commission 2112 objects to any portion of the proposed billing, the objection 2113 and supporting reasons must be communicated in writing to the 2114 private court-appointed counsel. The counsel may thereafter file 2115 his or her motion, which must specify whether the commission 2116 objects to any portion of the billing or the sufficiency of 2117 documentation, and shall attach the commission’s letter stating 2118 its objection. 2119 (b) Following receipt of the motion to exceed the fee 2120 limits, the chief judge or a single designee shall hold an 2121 evidentiary hearing. The chief judge may select only one judge 2122 per circuit to hear and determine motions pursuant to this 2123 subsection, except multicounty circuits and the eleventh circuit 2124 may have up to two designees. 2125 1. At the hearing, the attorney seeking compensation must 2126 prove by competent and substantial evidence that the case 2127 required extraordinary and unusual efforts. The chief judge or 2128 single designee shall consider criteria such as the number of 2129 witnesses, the complexity of the factual and legal issues, and 2130 the length of trial. The fact that a trial was conducted in a 2131 case does not, by itself, constitute competent substantial 2132 evidence of an extraordinary and unusual effort. In a criminal 2133 case, relief under this section may not be granted if the number 2134 of work hours does not exceed 75 or the number of the state’s 2135 witnesses deposed does not exceed 20. 2136 2. Objections by or on behalf of the Justice Administrative 2137 Commission to records or documents or to claims for payment by 2138 the attorney shall be presumed correct by the court unless the 2139 court determines, in writing, that competent and substantial 2140 evidence exists to justify overcoming the presumption. The chief 2141 judge or single designee shall enter a written order detailing 2142 his or her findings and identifying the extraordinary nature of 2143 the time and efforts of the attorney in the case which warrant 2144 exceeding the flat fee established by this section and the 2145 General Appropriations Act. 2146 (c) A copy of the motion and attachments shall be served on 2147 the Justice Administrative Commission at least 205business 2148 days before the date of a hearing. The Justice Administrative 2149 Commission has standing to appear before the court, and may 2150 appear in person or telephonically, including at the hearing 2151 under paragraph (b), to contest any motion for an order 2152 approving payment of attorney fees, costs, or related expenses 2153 and may participate in a hearing on the motion by use of 2154 telephonic or other communication equipment. The Justice 2155 Administrative Commission may contract with other public or 2156 private entities or individuals to appear before the court for 2157 the purpose of contesting any motion for an order approving 2158 payment of attorney fees, costs, or related expenses. The fact 2159 that the Justice Administrative Commission has not objected to 2160 any portion of the billing or to the sufficiency of the 2161 documentation is not binding on the court. 2162 (d) If the chief judge or a single designee finds that 2163 counsel has proved by competent and substantial evidence that 2164 the case required extraordinary and unusual efforts, the chief 2165 judge or single designee shall order the compensation to be paid 2166 to the attorney at a percentage above the flat fee rate, 2167 depending on the extent of the unusual and extraordinary effort 2168 required. The percentage must be only the rate necessary to 2169 ensure that the fees paid are not confiscatory under common law. 2170 The percentage may not exceed 200 percent of the established 2171 flat fee, absent a specific finding that 200 percent of the flat 2172 fee in the case would be confiscatory. If the chief judge or 2173 single designee determines that 200 percent of the flat fee 2174 would be confiscatory, he or she shall order the amount of 2175 compensation using an hourly rate not to exceed $75 per hour for 2176 a noncapital case and $100 per hour for a capital case. However, 2177 the compensation calculated by using the hourly rate shall be 2178 only that amount necessary to ensure that the total fees paid 2179 are not confiscatory, subject to the requirements of s. 2180 27.40(7). 2181 (e) Any order granting relief under this subsection must be 2182 attached to the final request for a payment submitted to the 2183 Justice Administrative Commission and must satisfy the 2184 requirements of subparagraph (b)2. 2185 (13) Notwithstanding the limitation set forth in subsection 2186 (5) and for the 2019-20202018-2019fiscal year only, the 2187 compensation for representation in a criminal proceeding may not 2188 exceed the following: 2189 (a) For misdemeanors and juveniles represented at the trial 2190 level: $1,000. 2191 (b) For noncapital, nonlife felonies represented at the 2192 trial level: $15,000. 2193 (c) For life felonies represented at the trial level: 2194 $15,000. 2195 (d) For capital cases represented at the trial level: 2196 $25,000. For purposes of this paragraph, a “capital case” is any 2197 offense for which the potential sentence is death and the state 2198 has not waived seeking the death penalty. 2199 (e) For representation on appeal: $9,000. 2200 (f) This subsection expires July 1, 20202019. 2201 Section 59. The amendments to s. 27.5304(1), (3), (7), 2202 (11), and (12)(a)-(e), Florida Statutes, by this act expire July 2203 1, 2020, and the text of those subsections and paragraphs, as 2204 applicable, shall revert to that in existence on June 30, 2019, 2205 except that any amendments to such text enacted other than by 2206 this act shall be preserved and continue to operate to the 2207 extent that such amendments are not dependent upon the portions 2208 of text which expire pursuant to this section. 2209 Section 60. In order to implement Specific Appropriation 2210 770 of the 2019-2020 General Appropriations Act, and 2211 notwithstanding s. 28.35, Florida Statutes, the clerks of the 2212 circuit court are responsible for any costs of compensation to 2213 jurors, for meals or lodging provided to jurors, and for jury 2214 related personnel costs that exceed the funding provided in the 2215 General Appropriations Act for these purposes. This section 2216 expires July 1, 2020. 2217 Section 61. In order to implement Specific Appropriations 2218 952 through 1097 of the 2019-2020 General Appropriations Act, 2219 and notwithstanding the expiration date in section 40 of chapter 2220 2018-10, Laws of Florida, paragraph (c) of subsection (19) of 2221 section 318.18, Florida Statutes, is reenacted to read: 2222 318.18 Amount of penalties.—The penalties required for a 2223 noncriminal disposition pursuant to s. 318.14 or a criminal 2224 offense listed in s. 318.17 are as follows: 2225 (19) In addition to any penalties imposed, an Article V 2226 assessment of $10 must be paid for all noncriminal moving and 2227 nonmoving violations under chapters 316, 320, and 322. The 2228 assessment is not revenue for purposes of s. 28.36 and may not 2229 be used in establishing the budget of the clerk of the court 2230 under that section or s. 28.35. Of the funds collected under 2231 this subsection: 2232 (c) The sum of $1.67 shall be deposited in the Indigent 2233 Criminal Defense Trust Fund for use by the public defenders. 2234 Section 62. In order to implement Specific Appropriations 2235 952 through 1097 of the 2019-2020 General Appropriations Act, 2236 and notwithstanding the expiration date in section 42 of chapter 2237 2018-10, Laws of Florida, paragraph (b) of subsection (12) of 2238 section 817.568, Florida Statutes, is reenacted to read: 2239 817.568 Criminal use of personal identification 2240 information.— 2241 (12) In addition to any sanction imposed when a person 2242 pleads guilty or nolo contendere to, or is found guilty of, 2243 regardless of adjudication, a violation of this section, the 2244 court shall impose a surcharge of $1,001. 2245 (b) The sum of $250 of the surcharge shall be deposited 2246 into the State Attorneys Revenue Trust Fund for the purpose of 2247 funding prosecutions of offenses relating to the criminal use of 2248 personal identification information. The sum of $250 of the 2249 surcharge shall be deposited into the Indigent Criminal Defense 2250 Trust Fund for the purposes of indigent criminal defense related 2251 to the criminal use of personal identification information. 2252 Section 63. The text of ss. 318.18(19)(c) and 2253 817.568(12)(b), Florida Statutes, as carried forward from 2254 chapter 2018-10, Laws of Florida, by this act, expires July 1, 2255 2020, and the text of those paragraphs shall revert to that in 2256 existence on June 30, 2018, except that any amendments to such 2257 text enacted other than by this act shall be preserved and 2258 continue to operate to the extent that such amendments are not 2259 dependent upon the portions of text which expire pursuant to 2260 this section. 2261 Section 64. In order to implement Specific Appropriation 2262 3210 of the 2019-2020 General Appropriations Act, and 2263 notwithstanding s. 112.061(4), Florida Statutes: 2264 (1)(a) A Supreme Court justice who permanently resides 2265 outside Leon County is eligible for the designation of a 2266 district court of appeal courthouse, a county courthouse, or 2267 other appropriate facility in his or her district of residence 2268 as his or her official headquarters for purposes of s. 112.061, 2269 Florida Statutes. This official headquarters may serve only as 2270 the justice’s private chambers. 2271 (b)1. A justice for whom an official headquarters is 2272 designated in his or her district of residence under this 2273 subsection is eligible for subsistence at a rate to be 2274 established by the Chief Justice for each day or partial day 2275 that the justice is at the headquarters of the Supreme Court to 2276 conduct court business, as authorized by the Chief Justice. The 2277 Chief Justice may authorize a justice to choose between 2278 subsistence based on lodging at a single-occupancy rate and meal 2279 reimbursement as provided in s. 112.061, Florida Statutes, and 2280 subsistence at a fixed rate prescribed by the Chief Justice. 2281 2. In addition to subsistence, a justice is eligible for 2282 reimbursement for travel expenses as provided in s. 112.061(7) 2283 and (8), Florida Statutes, for travel between the justice’s 2284 official headquarters and the headquarters of the Supreme Court 2285 to conduct court business. 2286 (c) Payment of subsistence and reimbursement for travel 2287 expenses relating to travel between a justice’s official 2288 headquarters and the headquarters of the Supreme Court shall be 2289 made to the extent appropriated funds are available, as 2290 determined by the Chief Justice. 2291 (2) The Chief Justice shall coordinate with each affected 2292 justice and other state and local officials as necessary to 2293 implement subsection (1). 2294 (3)(a) This section does not require a county to provide 2295 space in a county courthouse for a justice. A county may enter 2296 into an agreement with the Supreme Court governing the use of 2297 space in a county courthouse. 2298 (b) The Supreme Court may not use state funds to lease 2299 space in a district court of appeal courthouse, a county 2300 courthouse, or another facility to allow a justice to establish 2301 an official headquarters pursuant to subsection (1). 2302 (4) The Chief Justice may establish parameters governing 2303 the authority provided in this section, including specifying 2304 minimum operational requirements for the designated 2305 headquarters, limiting the number of days for which subsistence 2306 and travel reimbursement may be provided, and prescribing 2307 activities that qualify as the conduct of court business. 2308 (5) This section expires July 1, 2020. 2309 Section 65. In order to implement appropriations used to 2310 pay existing lease contracts for private lease space in excess 2311 of 2,000 square feet in the 2019-2020 General Appropriations 2312 Act, the Department of Management Services, with the cooperation 2313 of the agencies having the existing lease contracts for office 2314 or storage space, shall use tenant broker services to 2315 renegotiate or reprocure all private lease agreements for office 2316 or storage space expiring between July 1, 2020, and June 30, 2317 2022, in order to reduce costs in future years. The department 2318 shall incorporate this initiative into its 2019 master leasing 2319 report required under s. 255.249(7), Florida Statutes, and may 2320 use tenant broker services to explore the possibilities of 2321 collocating office or storage space, to review the space needs 2322 of each agency, and to review the length and terms of potential 2323 renewals or renegotiations. The department shall provide a 2324 report to the Executive Office of the Governor, the President of 2325 the Senate, and the Speaker of the House of Representatives by 2326 November 1, 2019, which lists each lease contract for private 2327 office or storage space, the status of renegotiations, and the 2328 savings achieved. This section expires July 1, 2020. 2329 Section 66. In order to implement Specific Appropriations 2330 2839 through 2850A of the 2019-2020 General Appropriations Act, 2331 and notwithstanding rule 60A-1.031, Florida Administrative Code, 2332 the transaction fee collected for use of the online procurement 2333 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c), 2334 Florida Statutes, is seven-tenths of 1 percent for the 2019-2020 2335 fiscal year only. This section expires July 1, 2020. 2336 Section 67. In order to implement appropriations authorized 2337 in the 2019-2020 General Appropriations Act for data center 2338 services, and notwithstanding s. 216.292(2)(a), Florida 2339 Statutes, an agency may not transfer funds from a data 2340 processing category to a category other than another data 2341 processing category. This section expires July 1, 2020. 2342 Section 68. In order to implement the appropriation of 2343 funds in the appropriation category “Data Processing Assessment 2344 Agency for State Technology” in the 2019-2020 General 2345 Appropriations Act, and pursuant to the notice, review, and 2346 objection procedures of s. 216.177, Florida Statutes, the 2347 Executive Office of the Governor may transfer funds appropriated 2348 in that category between departments in order to align the 2349 budget authority granted based on the estimated billing cycle 2350 and methodology used by the Agency for State Technology for data 2351 processing services provided. This section expires July 1, 2020. 2352 Section 69. In order to implement the appropriation of 2353 funds in the appropriation category “Special Categories-Risk 2354 Management Insurance” in the 2019-2020 General Appropriations 2355 Act, and pursuant to the notice, review, and objection 2356 procedures of s. 216.177, Florida Statutes, the Executive Office 2357 of the Governor may transfer funds appropriated in that category 2358 between departments in order to align the budget authority 2359 granted with the premiums paid by each department for risk 2360 management insurance. This section expires July 1, 2020. 2361 Section 70. In order to implement the appropriation of 2362 funds in the appropriation category “Special Categories-Transfer 2363 to Department of Management Services-Human Resources Services 2364 Purchased per Statewide Contract” in the 2019-2020 General 2365 Appropriations Act, and pursuant to the notice, review, and 2366 objection procedures of s. 216.177, Florida Statutes, the 2367 Executive Office of the Governor may transfer funds appropriated 2368 in that category between departments in order to align the 2369 budget authority granted with the assessments that must be paid 2370 by each agency to the Department of Management Services for 2371 human resource management services. This section expires July 1, 2372 2020. 2373 Section 71. In order to implement Specific Appropriations 2374 2421 through 2424 of the 2019-2020 General Appropriations Act: 2375 (1) The Department of Financial Services shall replace the 2376 four main components of the Florida Accounting Information 2377 Resource Subsystem (FLAIR), which include central FLAIR, 2378 departmental FLAIR, payroll, and information warehouse, and 2379 shall replace the cash management and accounting management 2380 components of the Cash Management Subsystem (CMS) with an 2381 integrated enterprise system that allows the state to organize, 2382 define, and standardize its financial management business 2383 processes and that complies with ss. 215.90-215.96, Florida 2384 Statutes. The department may not include in the replacement of 2385 FLAIR and CMS: 2386 (a) Functionality that duplicates any of the other 2387 information subsystems of the Florida Financial Management 2388 Information System; or 2389 (b) Agency business processes related to any of the 2390 functions included in the Personnel Information System, the 2391 Purchasing Subsystem, or the Legislative Appropriations 2392 System/Planning and Budgeting Subsystem. 2393 (2) For purposes of replacing FLAIR and CMS, the Department 2394 of Financial Services shall: 2395 (a) Take into consideration the cost and implementation 2396 data identified for Option 3 as recommended in the March 31, 2397 2014, Florida Department of Financial Services FLAIR Study, 2398 version 031. 2399 (b) Ensure that all business requirements and technical 2400 specifications have been provided to all state agencies for 2401 their review and input and approved by the executive steering 2402 committee established in paragraph (c). 2403 (c) Implement a project governance structure that includes 2404 an executive steering committee composed of: 2405 1. The Chief Financial Officer or the executive sponsor of 2406 the project. 2407 2. A representative of the Division of Treasury of the 2408 Department of Financial Services, appointed by the Chief 2409 Financial Officer. 2410 3. A representative of the Division of Information Systems 2411 of the Department of Financial Services, appointed by the Chief 2412 Financial Officer. 2413 4. Four employees from the Division of Accounting and 2414 Auditing of the Department of Financial Services, appointed by 2415 the Chief Financial Officer. Each employee must have experience 2416 relating to at least one of the four main components that 2417 compose FLAIR. 2418 5. Two employees from the Executive Office of the Governor, 2419 appointed by the Governor. One employee must have experience 2420 relating to the Legislative Appropriations System/Planning and 2421 Budgeting Subsystem. 2422 6. One employee from the Department of Revenue, appointed 2423 by the executive director, who has experience relating to the 2424 department’s SUNTAX system. 2425 7. Two employees from the Department of Management 2426 Services, appointed by the Secretary of Management Services. One 2427 employee must have experience relating to the department’s 2428 personnel information subsystem, and one employee must have 2429 experience relating to the department’s purchasing subsystem. 2430 8. Three state agency administrative services directors, 2431 appointed by the Governor. One director must represent a 2432 regulatory and licensing state agency, and one director must 2433 represent a health care-related state agency. 2434 (3) The Chief Financial Officer or the executive sponsor of 2435 the project shall serve as chair of the executive steering 2436 committee, and the committee shall take action by a vote of at 2437 least eight affirmative votes with the Chief Financial Officer 2438 or the executive sponsor of the project voting on the prevailing 2439 side. A quorum of the executive steering committee consists of 2440 at least 10 members. 2441 (4) The executive steering committee has the overall 2442 responsibility for ensuring that the project to replace FLAIR 2443 and CMS meets its primary business objectives and shall: 2444 (a) Identify and recommend to the Executive Office of the 2445 Governor, the President of the Senate, and the Speaker of the 2446 House of Representatives any statutory changes needed to 2447 implement the replacement subsystem that will standardize, to 2448 the fullest extent possible, the state’s financial management 2449 business processes. 2450 (b) Review and approve any changes to the project’s scope, 2451 schedule, and budget which do not conflict with the requirements 2452 of subsection (1). 2453 (c) Ensure that adequate resources are provided throughout 2454 all phases of the project. 2455 (d) Approve all major project deliverables. 2456 (e) Approve all solicitation-related documents associated 2457 with the replacement of FLAIR and CMS. 2458 (5) This section expires July 1, 2020. 2459 Section 72. In order to implement appropriations in the 2460 2019-2020 General Appropriations Act for executive branch and 2461 judicial branch employee travel, the executive branch state 2462 agencies and the judicial branch must collaborate with the 2463 Executive Office of the Governor and the Department of 2464 Management Services to implement the statewide travel management 2465 system funded in Specific Appropriation 2788 in the 2019-2020 2466 General Appropriations Act. For the purpose of complying with s. 2467 112.061, Florida Statutes, all executive branch state agencies 2468 and the judicial branch must use the statewide travel management 2469 system. This section expires July 1, 2020. 2470 Section 73. In order to implement Specific Appropriations 2471 2782 through 2793A of the 2019-2020 General Appropriations Act, 2472 all powers, duties, functions, records, personnel, property, 2473 pending issues and existing contracts, administrative authority, 2474 and administrative rules in chapter 74-3, Florida Administrative 2475 Code, of the Budget and Policy Section and the Cost Recovery and 2476 Billing Section within the Agency for State Technology are 2477 transferred by a type two transfer, as defined in s. 20.06(2), 2478 Florida Statutes, to the Department of Management Services. This 2479 section expires July 1, 2020. 2480 Section 74. In order to implement Specific Appropriations 2481 2782 through 2793A of the 2019-2020 General Appropriations Act, 2482 subsection (4) of section 20.22, Florida Statutes, is amended to 2483 read: 2484 20.22 Department of Management Services.—There is created a 2485 Department of Management Services. 2486 (4) The Department of Management Services shall provide the 2487 Agency for State Technology with financial management oversight. 2488 The agency shall provide the department all documents and 2489 necessary information, as requested, to meet the requirements of 2490 this section. The department’s financial management oversight 2491 includes: 2492 (a) Developing and implementing cost-recovery mechanisms 2493 for the administrative and data center costs of services through 2494 agency assessments of applicable customer entities. Such cost 2495 recovery mechanisms must comply with applicable state and 2496 federal regulations concerning the distribution and use of funds 2497 and must ensure that, for each fiscal year, no service or 2498 customer entity subsidizes another service or customer entity. 2499 (b) Implementing an annual reconciliation process to ensure 2500 that each customer entity is paying for the full direct and 2501 indirect cost of each service as determined by the customer 2502 entity’s use of each service. 2503 (c) Providing rebates that may be credited against future 2504 billings to customer entities when revenues exceed costs. 2505 (d) Requiring each customer entity to transfer sufficient 2506 funds into the appropriate data processing appropriation 2507 category before implementing a customer entity’s request for a 2508 change in the type or level of service provided, if such change 2509 results in a net increase to the customer entity’s costs for 2510 that fiscal year. 2511 (e) By October 1, 20192018, providing to each customer 2512 entity’s agency head the estimated agency assessment cost by the 2513 Agency for State Technology for the following fiscal year. The 2514 agency assessment cost of each customer entity includes 2515 administrative and data center services costs of the agency. 2516 (f) Preparing the legislative budget request for the Agency 2517 for State Technology based on the issues requested and approved 2518 by the executive director of the Agency for State Technology. 2519 Upon the approval of the agency’s executive director, the 2520 Department of Management Services shall transmit the agency’s 2521 legislative budget request to the Governor and the Legislature 2522 pursuant to s. 216.023. 2523 (g) Providing a plan for consideration by the Legislative 2524 Budget Commission if the Agency for State Technology increases 2525 the cost of a service for a reason other than a customer 2526 entity’s request made under paragraph (d). Such a plan is 2527 required only if the service cost increase results in a net 2528 increase to a customer entity. 2529 (h) Providing a timely invoicing methodology to recover the 2530 cost of services provided to the customer entity pursuant to s. 2531 215.422. 2532 (i) Providing an annual reconciliation process of prior 2533 year expenditures completed on a timely basis and overall budget 2534 management pursuant to chapter 216. 2535 2536(j)This subsection expires July 1, 20202019. 2537 Section 75. In order to implement Specific Appropriations 2538 1573 through 1579A of the 2019-2020 General Appropriations Act, 2539 subsection (9) of section 20.255, Florida Statutes, is amended 2540 to read: 2541 20.255 Department of Environmental Protection.—There is 2542 created a Department of Environmental Protection. 2543 (9) The department shall act as the lead agency of the 2544 executive branch for the development and review of policies, 2545 practices, and standards related to geospatial data. The 2546 department shall coordinate and promote geospatial data sharing 2547 throughout the state government and serve as the primary point 2548 of contact for statewide geographic information systems 2549 projects, grants, and resources. This subsection expires July 1, 2550 20202019. 2551 Section 76. Effective July 1, 2019, and upon the expiration 2552 and reversion of the amendments made to section 20.61, Florida 2553 Statutes, pursuant to section 61 of chapter 2018-10, Laws of 2554 Florida, and in order to implement Specific Appropriation 3008F 2555 of the 2019-2020 General Appropriations Act, section 20.61, 2556 Florida Statutes, is amended to read: 2557 20.61 Agency for State Technology.—The Agency for State 2558 Technology is created within the Department of Management 2559 Services. The agency is a separate budget program and is not 2560 subject to control, supervision, or direction by the Department 2561 of Management Services, including, but not limited to, 2562 purchasing, transactions involving real or personal property, or 2563 personnel, with the exception of financial management, which 2564 shall be provided by the Department of Management Services 2565 pursuant to s. 20.22or budgetary matters. 2566 (1)(a) The executive director of the agency shall serve as 2567 the state’s chief information officer and shall be appointed by 2568 the Governor, subject to confirmation by the Senate. 2569 (b) The executive director must be a proven, effective 2570 administrator who preferably has executive-level experience in 2571 both the public and private sectors in development and 2572 implementation of information technology strategic planning; 2573 management of enterprise information technology projects, 2574 particularly management of large-scale consolidation projects; 2575 and development and implementation of fiscal and substantive 2576 information technology policy. 2577(2) The following positions are established within the2578agency, all of whom shall be appointed by the executive2579director:2580(a) Deputy executive director, who shall serve as the2581deputy chief information officer.2582(b) Chief planning officer and six strategic planning2583coordinators. One coordinator shall be assigned to each of the2584following major program areas: health and human services,2585education, government operations, criminal and civil justice,2586agriculture and natural resources, and transportation and2587economic development.2588(c) Chief operations officer.2589(d) Chief information security officer.2590(e) Chief technology officer.2591 (2)(3)The Technology Advisory Council, consisting of seven 2592 members, is established within the Agency for State Technology 2593 and shall be maintained pursuant to s. 20.052. Four members of 2594 the council shall be appointed by the Governor, two of whom must 2595 be from the private sector and one of whom must be a 2596 cybersecurity expert. The President of the Senate and the 2597 Speaker of the House of Representatives shall each appoint one 2598 member of the council. The Attorney General, the Commissioner of 2599 Agriculture and Consumer Services, and the Chief Financial 2600 Officer shall jointly appoint one member by agreement of a 2601 majority of these officers. Upon initial establishment of the 2602 council, two of the Governor’s appointments shall be for 2-year 2603 terms. Thereafter, all appointments shall be for 4-year terms. 2604 (a) The council shall consider and make recommendations to 2605 the executive director on such matters as enterprise information 2606 technology policies, standards, services, and architecture. The 2607 council may also identify and recommend opportunities for the 2608 establishment of public-private partnerships when considering 2609 technology infrastructure and services in order to accelerate 2610 project delivery and provide a source of new or increased 2611 project funding. 2612 (b) The executive director shall consult with the council 2613 with regard to executing the duties and responsibilities of the 2614 agency related to statewide information technology strategic 2615 planning and policy. 2616 (c) The council shall be governed by the Code of Ethics for 2617 Public Officers and Employees as set forth in part III of 2618 chapter 112, and each member must file a statement of financial 2619 interests pursuant to s. 112.3145. 2620 Section 77. The amendment to s. 20.61, Florida Statutes, by 2621 this act expires July 1, 2020, and the text of that section 2622 shall revert to that in existence on June 30, 2018, except that 2623 any amendments to such text enacted other than by this act shall 2624 be preserved and continue to operate to the extent that such 2625 amendments are not dependent upon the portions of text which 2626 expire pursuant to this section. 2627 Section 78. In order to implement Specific Appropriations 2628 3008A through 3008AA of the 2019-2020 General Appropriations 2629 Act, and notwithstanding the expiration date in section 61 of 2630 chapter 2018-10, Laws of Florida, subsections (5), (20), and 2631 (28) of section 282.0041, Florida Statutes, are reenacted to 2632 read: 2633 282.0041 Definitions.—As used in this chapter, the term: 2634 (5) “Customer entity” means an entity that obtains services 2635 from the Agency for State Technology. 2636 (20) “Service-level agreement” means a written contract 2637 between the Agency for State Technology and a customer entity 2638 which specifies the scope of services provided, service level, 2639 the duration of the agreement, the responsible parties, and 2640 agency assessment costs, which include administrative and data 2641 center costs. A service-level agreement is not a rule pursuant 2642 to chapter 120. 2643 (28) “Agency assessment” means the amount each customer 2644 entity must pay annually for services from the Agency for State 2645 Technology and includes administrative and data center services 2646 costs. 2647 Section 79. In order to implement Specific Appropriations 2648 3008I through 3008AA of the 2019-2020 General Appropriations 2649 Act, and notwithstanding the expiration date in section 61 of 2650 chapter 2018-10, Laws of Florida, subsection (11) of section 2651 282.0051, Florida Statutes, is reenacted to read: 2652 282.0051 Agency for State Technology; powers, duties, and 2653 functions.—The Agency for State Technology shall have the 2654 following powers, duties, and functions: 2655 (11) Provide operational management and oversight of the 2656 state data center established pursuant to s. 282.201, which 2657 includes: 2658 (a) Implementing industry standards and best practices for 2659 the state data center’s facilities, operations, maintenance, 2660 planning, and management processes. 2661 (b) Developing and implementing appropriate operating 2662 guidelines and procedures necessary for the state data center to 2663 perform its duties pursuant to s. 282.201. The guidelines and 2664 procedures must comply with applicable state and federal laws, 2665 regulations, and policies and conform to generally accepted 2666 governmental accounting and auditing standards. The guidelines 2667 and procedures must include, but not be limited to: 2668 1. Implementing a consolidated administrative support 2669 structure responsible for providing procurement, transactions 2670 involving real or personal property, human resources, and 2671 operational support. 2672 2. Standardizing and consolidating procurement and 2673 contracting practices. 2674 (c) In collaboration with the Department of Law 2675 Enforcement, developing and implementing a process for 2676 detecting, reporting, and responding to information technology 2677 security incidents, breaches, and threats. 2678 (d) Adopting rules relating to the operation of the state 2679 data center. 2680 (e) Beginning May 1, 2016, and annually thereafter, 2681 conducting a market analysis to determine whether the state’s 2682 approach to the provision of data center services is the most 2683 effective and efficient manner by which its customer entities 2684 can acquire such services, based on federal, state, and local 2685 government trends; best practices in service provision; and the 2686 acquisition of new and emerging technologies. The results of the 2687 market analysis shall assist the state data center in making 2688 adjustments to its data center service offerings. 2689 Section 80. In order to implement Specific Appropriation 2690 3008F of the 2019-2020 General Appropriations Act, and 2691 notwithstanding the expiration date in section 61 of chapter 2692 2018-10, Laws of Florida, paragraph (d) of subsection (2) of 2693 section 282.201, Florida Statutes, is reenacted to read: 2694 282.201 State data center.—The state data center is 2695 established within the Agency for State Technology and shall 2696 provide data center services that are hosted on premises or 2697 externally through a third-party provider as an enterprise 2698 information technology service. The provision of data center 2699 services must comply with applicable state and federal laws, 2700 regulations, and policies, including all applicable security, 2701 privacy, and auditing requirements. 2702 (2) STATE DATA CENTER DUTIES.—The state data center shall: 2703 (d) Enter into a service-level agreement with each customer 2704 entity to provide the required type and level of service or 2705 services. If a customer entity fails to execute an agreement 2706 within 60 days after commencement of a service, the state data 2707 center may cease service. A service-level agreement may not have 2708 a term exceeding 3 years and at a minimum must: 2709 1. Identify the parties and their roles, duties, and 2710 responsibilities under the agreement. 2711 2. State the duration of the contract term and specify the 2712 conditions for renewal. 2713 3. Identify the scope of work. 2714 4. Identify the products or services to be delivered with 2715 sufficient specificity to permit an external financial or 2716 performance audit. 2717 5. Establish the services to be provided, the business 2718 standards that must be met for each service, the cost of each 2719 service, and the metrics and processes by which the business 2720 standards for each service are to be objectively measured and 2721 reported. 2722 6. Provide a procedure for modifying the service-level 2723 agreement based on changes in the type, level, and cost of a 2724 service. 2725 7. Include a right-to-audit clause to ensure that the 2726 parties to the agreement have access to records for audit 2727 purposes during the term of the service-level agreement. 2728 8. Provide that a service-level agreement may be terminated 2729 by either party for cause only after giving the other party and 2730 the Agency for State Technology notice in writing of the cause 2731 for termination and an opportunity for the other party to 2732 resolve the identified cause within a reasonable period. 2733 9. Provide for mediation of disputes by the Division of 2734 Administrative Hearings pursuant to s. 120.573. 2735 Section 81. The text of s. 282.0041(5), (20), and (28), 2736 Florida Statutes; s. 282.0051(11), Florida Statutes; and s. 2737 282.201(2)(d), Florida Statutes, as carried forward from chapter 2738 2018-10, Laws of Florida, by this act, expire July 1, 2020, and 2739 the text of those subsections and paragraph, as applicable, 2740 shall revert to that in existence on June 30, 2018, except that 2741 any amendments to such text enacted other than by this act shall 2742 be preserved and continue to operate to the extent that such 2743 amendments are not dependent upon the portions of text which 2744 expire pursuant to this section. 2745 Section 82. If legislation substantially similar to the 2746 amendments made in this act to ss. 20.22, 20.255, 20.61, 2747 282.0041, 282.0051, and 282.201, Florida Statutes, as contained 2748 in SB 1570, HB 5301, or similar legislation, is passed during 2749 the 2019 Regular Session of the Legislature or an extension 2750 thereof and becomes a law, then the provisions of sections 73, 2751 74, 75, 76, 77, 78, 79, 80, and 81 of this act shall not take 2752 effect. 2753 Section 83. In order to implement Specific Appropriations 2754 1654 through 1656 of the 2019-2020 General Appropriations Act, 2755 paragraph (d) of subsection (11) of section 216.181, Florida 2756 Statutes, is amended to read: 2757 216.181 Approved budgets for operations and fixed capital 2758 outlay.— 2759 (11) 2760 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and 2761 for the 2019-20202018-2019fiscal year only, the Legislative 2762 Budget Commission may increase the amounts appropriated to the 2763 Fish and Wildlife Conservation Commission or the Department of 2764 Environmental Protection for fixed capital outlay projects, 2765 including additional fixed capital outlay projects, using funds 2766 provided to the state from the Gulf Environmental Benefit Fund 2767 administered by the National Fish and Wildlife Foundation; funds 2768 provided to the state from the Gulf Coast Restoration Trust Fund 2769 related to the Resources and Ecosystems Sustainability, Tourist 2770 Opportunities, and Revived Economies of the Gulf Coast Act of 2771 2012 (RESTORE Act); or funds provided by the British Petroleum 2772 Corporation (BP) for natural resource damage assessment 2773 restoration projects. Concurrent with submission of an amendment 2774 to the Legislative Budget Commission pursuant to this paragraph, 2775 any project that carries a continuing commitment for future 2776 appropriations by the Legislature must be specifically 2777 identified, together with the projected amount of the future 2778 commitment associated with the project and the fiscal years in 2779 which the commitment is expected to commence. This paragraph 2780 expires July 1, 20202019. 2781 2782 The provisions of this subsection are subject to the notice and 2783 objection procedures set forth in s. 216.177. 2784 Section 84. In order to implement specific appropriations 2785 from the land acquisition trust funds within the Department of 2786 Agriculture and Consumer Services, the Department of 2787 Environmental Protection, the Department of State, and the Fish 2788 and Wildlife Conservation Commission, which are contained in the 2789 2019-2020 General Appropriations Act, subsection (3) of section 2790 215.18, Florida Statutes, is amended to read: 2791 215.18 Transfers between funds; limitation.— 2792 (3) Notwithstanding subsection (1) and only with respect to 2793 a land acquisition trust fund in the Department of Agriculture 2794 and Consumer Services, the Department of Environmental 2795 Protection, the Department of State, or the Fish and Wildlife 2796 Conservation Commission, whenever there is a deficiency in a 2797 land acquisition trust fund which would render that trust fund 2798 temporarily insufficient to meet its just requirements, 2799 including the timely payment of appropriations from that trust 2800 fund, and other trust funds in the State Treasury have moneys 2801 that are for the time being or otherwise in excess of the 2802 amounts necessary to meet the just requirements, including 2803 appropriated obligations, of those other trust funds, the 2804 Governor may order a temporary transfer of moneys from one or 2805 more of the other trust funds to a land acquisition trust fund 2806 in the Department of Agriculture and Consumer Services, the 2807 Department of Environmental Protection, the Department of State, 2808 or the Fish and Wildlife Conservation Commission. Any action 2809 proposed pursuant to this subsection is subject to the notice, 2810 review, and objection procedures of s. 216.177, and the Governor 2811 shall provide notice of such action at least 7 days before the 2812 effective date of the transfer of trust funds, except that 2813 during July 20192018, notice of such action shall be provided 2814 at least 3 days before the effective date of a transfer unless 2815 such 3-day notice is waived by the chair and vice-chair of the 2816 Legislative Budget Commission. Any transfer of trust funds to a 2817 land acquisition trust fund in the Department of Agriculture and 2818 Consumer Services, the Department of Environmental Protection, 2819 the Department of State, or the Fish and Wildlife Conservation 2820 Commission must be repaid to the trust funds from which the 2821 moneys were loaned by the end of the 2019-20202018-2019fiscal 2822 year. The Legislature has determined that the repayment of the 2823 other trust fund moneys temporarily loaned to a land acquisition 2824 trust fund in the Department of Agriculture and Consumer 2825 Services, the Department of Environmental Protection, the 2826 Department of State, or the Fish and Wildlife Conservation 2827 Commission pursuant to this subsection is an allowable use of 2828 the moneys in a land acquisition trust fund because the moneys 2829 from other trust funds temporarily loaned to a land acquisition 2830 trust fund shall be expended solely and exclusively in 2831 accordance with s. 28, Art. X of the State Constitution. This 2832 subsection expires July 1, 20202019. 2833 Section 85. (1) In order to implement specific 2834 appropriations from the land acquisition trust funds within the 2835 Department of Agriculture and Consumer Services, the Department 2836 of Environmental Protection, the Department of State, and the 2837 Fish and Wildlife Conservation Commission, which are contained 2838 in the 2019-2020 General Appropriations Act, the Department of 2839 Environmental Protection shall transfer revenues from the Land 2840 Acquisition Trust Fund within the department to the land 2841 acquisition trust funds within the Department of Agriculture and 2842 Consumer Services, the Department of State, and the Fish and 2843 Wildlife Conservation Commission, as provided in this section. 2844 As used in this section, the term “department” means the 2845 Department of Environmental Protection. 2846 (2) After subtracting any required debt service payments, 2847 the proportionate share of revenues to be transferred to each 2848 land acquisition trust fund shall be calculated by dividing the 2849 appropriations from each of the land acquisition trust funds for 2850 the fiscal year by the total appropriations from the Land 2851 Acquisition Trust Fund within the department and the land 2852 acquisition trust funds within the Department of Agriculture and 2853 Consumer Services, the Department of State, and the Fish and 2854 Wildlife Conservation Commission for the fiscal year. The 2855 department shall transfer the proportionate share of the 2856 revenues in the Land Acquisition Trust Fund within the 2857 department on a monthly basis to the appropriate land 2858 acquisition trust funds within the Department of Agriculture and 2859 Consumer Services, the Department of State, and the Fish and 2860 Wildlife Conservation Commission and shall retain its 2861 proportionate share of the revenues in the Land Acquisition 2862 Trust Fund within the department. Total distributions to a land 2863 acquisition trust fund within the Department of Agriculture and 2864 Consumer Services, the Department of State, and the Fish and 2865 Wildlife Conservation Commission may not exceed the total 2866 appropriations from such trust fund for the fiscal year. 2867 (3) In addition, the department shall transfer from the 2868 Land Acquisition Trust Fund to land acquisition trust funds 2869 within the Department of Agriculture and Consumer Services, the 2870 Department of State, and the Fish and Wildlife Conservation 2871 Commission amounts equal to the difference between the amounts 2872 appropriated in chapter 2018-9, Laws of Florida, to the 2873 department’s Land Acquisition Trust Fund and the other land 2874 acquisition trust funds, and the amounts actually transferred 2875 between those trust funds during the 2018-2019 fiscal year. 2876 (4) The department may advance funds from the beginning 2877 unobligated fund balance in the Land Acquisition Trust Fund to 2878 the Land Acquisition Trust Fund within the Fish and Wildlife 2879 Conservation Commission needed for cash flow purposes based on a 2880 detailed expenditure plan. The department shall prorate amounts 2881 transferred quarterly to the Fish and Wildlife Conservation 2882 Commission to recoup the amount of funds advanced by June 30, 2883 2020. 2884 (5) This section expires July 1, 2020. 2885 Section 86. In order to implement appropriations from the 2886 Land Acquisition Trust Fund within the Department of 2887 Environmental Protection, paragraph (b) of subsection (3) of 2888 section 375.041, Florida Statutes, is amended to read: 2889 375.041 Land Acquisition Trust Fund.— 2890 (3) Funds distributed into the Land Acquisition Trust Fund 2891 pursuant to s. 201.15 shall be applied: 2892 (b) Of the funds remaining after the payments required 2893 under paragraph (a), but before funds may be appropriated, 2894 pledged, or dedicated for other uses: 2895 1. A minimum of the lesser of 25 percent or $200 million 2896 shall be appropriated annually for Everglades projects that 2897 implement the Comprehensive Everglades Restoration Plan as set 2898 forth in s. 373.470, including the Central Everglades Planning 2899 Project subject to Congressional authorization; the Long-Term 2900 Plan as defined in s. 373.4592(2); and the Northern Everglades 2901 and Estuaries Protection Program as set forth in s. 373.4595. 2902 From these funds, $32 million shall be distributed each fiscal 2903 year through the 2023-2024 fiscal year to the South Florida 2904 Water Management District for the Long-Term Plan as defined in 2905 s. 373.4592(2). After deducting the $32 million distributed 2906 under this subparagraph, from the funds remaining, a minimum of 2907 the lesser of 76.5 percent or $100 million shall be appropriated 2908 each fiscal year through the 2025-2026 fiscal year for the 2909 planning, design, engineering, and construction of the 2910 Comprehensive Everglades Restoration Plan as set forth in s. 2911 373.470, including the Central Everglades Planning Project, the 2912 Everglades Agricultural Area Storage Reservoir Project, the Lake 2913 Okeechobee Watershed Project, the C-43 West Basin Storage 2914 Reservoir Project, the Indian River Lagoon-South Project, the 2915 Western Everglades Restoration Project, and the Picayune Strand 2916 Restoration Project. The Department of Environmental Protection 2917 and the South Florida Water Management District shall give 2918 preference to those Everglades restoration projects that reduce 2919 harmful discharges of water from Lake Okeechobee to the St. 2920 Lucie or Caloosahatchee estuaries in a timely manner. For the 2921 purpose of performing the calculation provided in this 2922 subparagraph, the amount of debt service paid pursuant to 2923 paragraph (a) for bonds issued after July 1, 2016, for the 2924 purposes set forth under paragraph (b) shall be added to the 2925 amount remaining after the payments required under paragraph 2926 (a). The amount of the distribution calculated shall then be 2927 reduced by an amount equal to the debt service paid pursuant to 2928 paragraph (a) on bonds issued after July 1, 2016, for the 2929 purposes set forth under this subparagraph. 2930 2. A minimum of the lesser of 7.6 percent or $50 million 2931 shall be appropriated annually for spring restoration, 2932 protection, and management projects. For the purpose of 2933 performing the calculation provided in this subparagraph, the 2934 amount of debt service paid pursuant to paragraph (a) for bonds 2935 issued after July 1, 2016, for the purposes set forth under 2936 paragraph (b) shall be added to the amount remaining after the 2937 payments required under paragraph (a). The amount of the 2938 distribution calculated shall then be reduced by an amount equal 2939 to the debt service paid pursuant to paragraph (a) on bonds 2940 issued after July 1, 2016, for the purposes set forth under this 2941 subparagraph. 2942 3. The sum of $5 million shall be appropriated annually 2943 each fiscal year through the 2025-2026 fiscal year to the St. 2944 Johns River Water Management District for projects dedicated to 2945 the restoration of Lake Apopka. This distribution shall be 2946 reduced by an amount equal to the debt service paid pursuant to 2947 paragraph (a) on bonds issued after July 1, 2016, for the 2948 purposes set forth in this subparagraph. 2949 4. The sum of $64 million is appropriated and shall be 2950 transferred to the Everglades Trust Fund for the 2018-2019 2951 fiscal year, and each fiscal year thereafter, for the EAA 2952 reservoir project pursuant to s. 373.4598. Any funds remaining 2953 in any fiscal year shall be made available only for Phase II of 2954 the C-51 reservoir project or projects identified in 2955 subparagraph 1. and must be used in accordance with laws 2956 relating to such projects. Any funds made available for such 2957 purposes in a fiscal year are in addition to the amount 2958 appropriated under subparagraph 1. This distribution shall be 2959 reduced by an amount equal to the debt service paid pursuant to 2960 paragraph (a) on bonds issued after July 1, 2017, for the 2961 purposes set forth in this subparagraph. 2962 5. Notwithstanding subparagraph 3., for the 2019-2020201829632019fiscal year, funds shall be appropriated as provided in the 2964 General Appropriations Act. This subparagraph expires July 1, 2965 20202019. 2966 Section 87. In order to implement Specific Appropriation 2967 1781 of the 2019-2020 General Appropriations Act, paragraph (e) 2968 of subsection (11) of section 216.181, Florida Statutes, is 2969 amended to read: 2970 216.181 Approved budgets for operations and fixed capital 2971 outlay.— 2972 (11) 2973 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and 2974 for the 2019-20202018-2019fiscal year only, the Legislative 2975 Budget Commission may increase the amounts appropriated to the 2976 Department of Environmental Protection for fixed capital outlay 2977 projects using funds provided to the state from the 2978 environmental mitigation trust administered by a trustee 2979 designated by the United States District Court for the Northern 2980 District of California for eligible mitigation actions and 2981 mitigation action expenditures described in the partial consent 2982 decree entered into between the United States of America and 2983 Volkswagen relating to violations of the Clean Air Act. 2984 Concurrent with submission of an amendment to the Legislative 2985 Budget Commission pursuant to this paragraph, any project that 2986 carries a continuing commitment for future appropriations by the 2987 Legislature must be specifically identified, together with the 2988 projected amount of the future commitment associated with the 2989 project and the fiscal years in which the commitment is expected 2990 to commence. This paragraph expires July 1, 20202019. 2991 2992 The provisions of this subsection are subject to the notice and 2993 objection procedures set forth in s. 216.177. 2994 Section 88. In order to implement Specific Appropriation 2995 1542 of the 2019-2020 General Appropriations Act, and 2996 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 2997 Department of Agriculture and Consumer Services may submit a 2998 budget amendment, subject to the notice, review, and objection 2999 procedures of s. 216.177, Florida Statutes, to increase budget 3000 authority for the National School Lunch Program when necessary. 3001 This section expires July 1, 2020. 3002 Section 89. Effective upon becoming a law and in order to 3003 implement Specific Appropriation 1464 through 1473 of the 2019 3004 2020 General Appropriations Act, subsection (4) of section 3005 570.441, Florida Statutes, is amended to read: 3006 570.441 Pest Control Trust Fund.— 3007 (4) In addition to the uses authorized under subsection 3008 (2), moneys collected or received by the department under 3009 chapter 482 may be used to carry out the provisions of s. 3010 570.44. This subsection expires June 30, 20202019. 3011 Section 90. In order to implement Specific Appropriation 3012 1401 of the 2019-2020 General Appropriations Act, paragraph (a) 3013 of subsection (1) of section 570.93, Florida Statutes, is 3014 amended to read: 3015 570.93 Department of Agriculture and Consumer Services; 3016 agricultural water conservation and agricultural water supply 3017 planning.— 3018 (1) The department shall establish an agricultural water 3019 conservation program that includes the following: 3020 (a) A cost-share program, coordinatedwhere appropriate3021 with the United States Department of Agriculture and other 3022 federal, state, regional, and local agencies when appropriate, 3023 for irrigation system retrofit and application of mobile 3024 irrigation laboratory evaluations, and for water conservation 3025 andas provided in this section and, where applicable, forwater 3026 quality improvement pursuant to s. 403.067(7)(c). 3027 Section 91. The amendment to s. 570.93(1)(a), Florida 3028 Statutes, by this act expires July 1, 2020, and the text of that 3029 paragraph shall revert to that in existence on June 30, 2019, 3030 except that any amendments to such text enacted other than by 3031 this act shall be preserved and continue to operate to the 3032 extent that such amendments are not dependent upon the portions 3033 of text which expire pursuant to this section. 3034 Section 92. In order to implement Specific Appropriations 3035 1474 through 1481 of the 2019-2020 General Appropriations Act, 3036 subsection (1) of section 525.07, Florida Statutes, is amended 3037 to read: 3038 525.07 Powers and duties of department; inspections; 3039 unlawful acts.— 3040 (1) The department shall inspect all measuring devices used 3041 in selling or distributing petroleum fuel at wholesale and 3042 retail. The department may affix a sticker to each petroleum 3043 measuring device. Using only a combination of lettering, 3044 numbering, words, or the department logo, the sticker must 3045 signify that the device has been inspected by the department and 3046 that the device owner is responsible for its proper use and 3047 maintenance. 3048 Section 93. The amendment to s. 525.07(1), Florida 3049 Statutes, by this act expires July 1, 2020, and the text of that 3050 subsection shall revert to that in existence on June 30, 2019, 3051 except that any amendments to such text enacted other than by 3052 this act shall be preserved and continue to operate to the 3053 extent that such amendments are not dependent upon the portions 3054 of text which expire pursuant to this section. 3055 Section 94. In order to implement Specific Appropriation 3056 1607 of the 2019-2020 General Appropriations Act, paragraph (m) 3057 of subsection (3) of section 259.105, Florida Statutes, is 3058 amended to read: 3059 259.105 The Florida Forever Act.— 3060 (3) Less the costs of issuing and the costs of funding 3061 reserve accounts and other costs associated with bonds, the 3062 proceeds of cash payments or bonds issued pursuant to this 3063 section shall be deposited into the Florida Forever Trust Fund 3064 created by s. 259.1051. The proceeds shall be distributed by the 3065 Department of Environmental Protection in the following manner: 3066 (m) Notwithstanding paragraphs (a)-(j) and for the 2019 3067 20202018-2019fiscal year,only:30681.the amount of $33 million$77 millionto only the 3069 Division of State Lands within the Department of Environmental 3070 Protection for the Board of Trustees Florida Forever Priority 3071 List land acquisition projects. This paragraph expires July 1, 3072 2020. 30732. The amount of $10 million to the Department of3074Environmental Protection for use by the Florida Communities3075Trust for the purposes of part III of chapter 380, as described3076and limited by this subsection, and grants to local governments3077or nonprofit environmental organizations that are tax-exempt3078under s. 501(c)(3) of the United States Internal Revenue Code3079for the acquisition of community-based projects, urban open3080spaces, parks, and greenways to implement local government3081comprehensive plans. From funds available to the trust and used3082for land acquisition, 75 percent shall be matched by local3083governments on a dollar-for-dollar basis. The Legislature3084intends that the Florida Communities Trust emphasize funding3085projects in low-income or otherwise disadvantaged communities3086and projects that provide areas for direct water access and3087water-dependent facilities that are open to the public and offer3088public access by vessels to waters of the state, including boat3089ramps and associated parking and other support facilities. At3090least 30 percent of the total allocation provided to the trust3091shall be used in Standard Metropolitan Statistical Areas, but3092one-half of that amount shall be used in localities in which the3093project site is located in built-up commercial, industrial, or3094mixed-use areas and functions to intersperse open spaces within3095congested urban core areas. From funds allocated to the trust,3096no less than 5 percent shall be used to acquire lands for3097recreational trail systems, provided that in the event these3098funds are not needed for such projects, they will be available3099for other trust projects. Local governments may use federal3100grants or loans, private donations, or environmental mitigation3101funds for any part or all of any local match required for3102acquisitions funded through the Florida Communities Trust. Any3103lands purchased by nonprofit organizations using funds allocated3104under this paragraph must provide for such lands to remain3105permanently in public use through a reversion of title to local3106or state government, conservation easement, or other appropriate3107mechanism. Projects funded with funds allocated to the trust3108shall be selected in a competitive process measured against3109criteria adopted in rule by the trust.31103. The sum of $2 million to the Department of Environmental3111Protection for the acquisition of land and capital project3112expenditures necessary to implement the Stan Mayfield Working3113Waterfronts Program within the Florida Communities Trust3114pursuant to s. 380.5105.31154. The sum of $2 million to the Department of Environmental3116Protection for grants pursuant to s. 375.075(1)-(4).3117 3118This paragraph expires July 1, 2019.3119 Section 95. In order to implement Specific Appropriation 3120 2682 of the 2019-2020 General Appropriations Act, paragraph (b) 3121 of subsection (3) and subsection (5) of section 321.04, Florida 3122 Statutes, are amended to read: 3123 321.04 Personnel of the highway patrol; rank 3124 classifications; probationary status of new patrol officers; 3125 subsistence; special assignments.— 3126 (3) 3127 (b) For the 2019-20202018-2019fiscal year only, upon the 3128 request of the Governor, the Department of Highway Safety and 3129 Motor Vehicles shall assign one or more patrol officers to the 3130 office ofthe patrol officer shall be assigned tothe Lieutenant 3131 Governor for security services. This paragraph expires July 1, 3132 20202019. 3133 (5) For the 2019-20202018-2019fiscal year only, the 3134 assignment of a patrol officer by the department shall include a 3135 Cabinet member specified in s. 4, Art. IV of the State 3136 Constitution if deemed appropriate by the department or in 3137 response to a threat and upon written request of such Cabinet 3138 member. This subsection expires July 1, 20202019. 3139 Section 96. In order to implement Specific Appropriations 3140 2316 and 2316A of the 2019-2020 General Appropriations Act, 3141 subsection (3) of section 420.9079, Florida Statutes, is amended 3142 to read: 3143 420.9079 Local Government Housing Trust Fund.— 3144 (3) For the 2019-20202018-2019fiscal year, funds may be 3145 used as provided in the General Appropriations Act. This 3146 subsection expires July 1, 20202019. 3147 Section 97. In order to implement Specific Appropriations 3148 2315 and 2316A of the 2019-2020 General Appropriations Act, 3149 subsection (2) of section 420.0005, Florida Statutes, is amended 3150 to read: 3151 420.0005 State Housing Trust Fund; State Housing Fund.— 3152 (2) For the 2019-20202018-2019fiscal year, funds may be 3153 used as provided in the General Appropriations Act. This 3154 subsection expires July 1, 20202019. 3155 Section 98. In order to implement Specific Appropriation 3156 2314 of the 2019-2020 General Appropriations Act, subsection (6) 3157 is added to section 288.0655, Florida Statutes, to read: 3158 288.0655 Rural Infrastructure Fund.— 3159 (6) For the 2019-2020 fiscal year, the funds appropriated 3160 for the grant program for Florida Panhandle counties shall be 3161 distributed pursuant to and for the purposes described in the 3162 proviso language associated with Specific Appropriation 2314 of 3163 the 2019-2020 General Appropriations Act. This subsection 3164 expires July 1, 2020. 3165 Section 99. In order to implement Specific Appropriation 3166 2328 of the 2019-2020 General Appropriations Act, subsection 3167 (14) of section 288.1226, Florida Statutes, is amended to read: 3168 288.1226 Florida Tourism Industry Marketing Corporation; 3169 use of property; board of directors; duties; audit.— 3170 (14) REPEAL.—This section is repealed July 1, 2020October31711, 2019, unless reviewed and saved from repeal by the 3172 Legislature. 3173 Section 100. In order to implement Specific Appropriation 3174 2328 of the 2019-2020 General Appropriations Act, subsection (6) 3175 of section 288.923, Florida Statutes, is amended to read: 3176 288.923 Division of Tourism Marketing; definitions; 3177 responsibilities.— 3178 (6) This section is repealed July 1, 2020October 1, 2019, 3179 unless reviewed and saved from repeal by the Legislature. 3180 Section 101. In order to implement Specific Appropriations 3181 1939 through 1952, 1958 through 1961, 1974 through 1982, 1984 3182 through 1993, and 2033 through 2045 of the 2019-2020 General 3183 Appropriations Act, paragraph (g) of subsection (7) of section 3184 339.135, Florida Statutes, is amended to read: 3185 339.135 Work program; legislative budget request; 3186 definitions; preparation, adoption, execution, and amendment.— 3187 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.— 3188 (g)1. Any work program amendment which also requires the 3189 transfer of fixed capital outlay appropriations between 3190 categories within the department or the increase of an 3191 appropriation category is subject to the approval of the 3192 Legislative Budget Commission. 3193 2. If a meeting of the Legislative Budget Commission cannot 3194 be held within 30 days after the department submits an amendment 3195 to the Legislative Budget Commission, the chair and vice chair 3196 of the Legislative Budget Commission may authorize such 3197 amendment to be approved pursuant to s. 216.177. This 3198 subparagraph expires July 1, 2020. 3199 Section 102. In order to implement Specific Appropriation 3200 1975 of the 2019-2020 General Appropriations Act, subsection (8) 3201 is added to section 339.2818, Florida Statutes, to read: 3202 339.2818 Small County Outreach Program.— 3203 (8) Subject to a specific appropriation in addition to 3204 funds annually appropriated for projects under this section, a 3205 county or a municipality that is within a county designated in 3206 the Federal Emergency Management Agency disaster declaration DR 3207 4399 may compete for the additional project funding using the 3208 criteria listed in subsection (4) at up to 100 percent of 3209 project costs to repair damage due to Hurricane Michael, 3210 excluding capacity improvement projects. This subsection expires 3211 July 1, 2020. 3212 Section 103. In order to implement Specific Appropriation 3213 2624 of the 2019-2020 General Appropriations Act, paragraph (d) 3214 is added to subsection (4) of section 112.061, Florida Statutes, 3215 to read: 3216 112.061 Per diem and travel expenses of public officers, 3217 employees, and authorized persons.— 3218 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an 3219 officer or employee assigned to an office shall be the city or 3220 town in which the office is located except that: 3221 (d) A Lieutenant Governor who permanently resides outside 3222 of Leon County, may, if he or she so requests, have an 3223 appropriate facility in his or her county designated as his or 3224 her official headquarters for purposes of this section. This 3225 official headquarters may only serve as the Lieutenant 3226 Governor’s personal office. The Lieutenant Governor may not use 3227 state funds to lease space in any facility for his or her 3228 official headquarters. 3229 1. A Lieutenant Governor for whom an official headquarters 3230 is established in his or her county of residence pursuant to 3231 this paragraph is eligible for subsistence at a rate to be 3232 established by the Governor for each day or partial day that the 3233 Lieutenant Governor is at the State Capitol to conduct official 3234 state business. In addition to the subsistence allowance, a 3235 Lieutenant Governor is eligible for reimbursement for 3236 transportation expenses as provided in subsection (7) for travel 3237 between the Lieutenant Governor’s official headquarters and the 3238 State Capitol to conduct state business. 3239 2. Payment of subsistence and reimbursement for 3240 transportation between a Lieutenant Governor’s official 3241 headquarters and the State Capitol shall be made to the extent 3242 appropriated funds are available, as determined by the Governor. 3243 3. This paragraph expires July 1, 2020. 3244 Section 104. In order to implement the salaries and 3245 benefits, expenses, other personal services, contracted 3246 services, special categories, and operating capital outlay 3247 categories of the 2019-2020 General Appropriations Act, 3248 paragraph (a) of subsection (2) of section 216.292, Florida 3249 Statutes, is amended to read: 3250 216.292 Appropriations nontransferable; exceptions.— 3251 (2) The following transfers are authorized to be made by 3252 the head of each department or the Chief Justice of the Supreme 3253 Court whenever it is deemed necessary by reason of changed 3254 conditions: 3255 (a) The transfer of appropriations funded from identical 3256 funding sources, except appropriations for fixed capital outlay, 3257 and the transfer of amounts included within the total original 3258 approved budget and plans of releases of appropriations as 3259 furnished pursuant to ss. 216.181 and 216.192, as follows: 3260 1. Between categories of appropriations within a budget 3261 entity, if no category of appropriation is increased or 3262 decreased by more than 5 percent of the original approved budget 3263 or $250,000, whichever is greater, by all action taken under 3264 this subsection. 3265 2. Between budget entities within identical categories of 3266 appropriations, if no category of appropriation is increased or 3267 decreased by more than 5 percent of the original approved budget 3268 or $250,000, whichever is greater, by all action taken under 3269 this subsection. 3270 3. Any agency exceeding salary rate established pursuant to 3271 s. 216.181(8) on June 30th of any fiscal year shall not be 3272 authorized to make transfers pursuant to subparagraphs 1. and 2. 3273 in the subsequent fiscal year. 3274 4. Notice of proposed transfers under subparagraphs 1. and 3275 2. shall be provided to the Executive Office of the Governor and 3276 the chairs of the legislative appropriations committees at least 3277 3 days prior to agency implementation in order to provide an 3278 opportunity for review. The review shall be limited to ensuring 3279 that the transfer is in compliance with the requirements of this 3280 paragraph. 3281 5. For the 2019-20202018-2019fiscal year, the review 3282 shall ensure that transfers proposed pursuant to this paragraph 3283 comply with this chapter, maximize the use of available and 3284 appropriate trust funds, and are not contrary to legislative 3285 policy and intent. This subparagraph expires July 1, 20202019. 3286 Section 105. In order to implement section 8 of the 2019 3287 2020 General Appropriations Act, notwithstanding s. 3288 110.123(3)(f) and (j), Florida Statutes, the Department of 3289 Management Services shall maintain and offer the same PPO and 3290 HMO health plan alternatives to the participants of the State 3291 Group Health Insurance Program during the 2019-2020 fiscal year 3292 which were in effect for the 2018-2019 fiscal year. This section 3293 expires July 1, 2020. 3294 Section 106. In order to implement the appropriation of 3295 funds in the special categories, contracted services, and 3296 expenses categories of the 2019-2020 General Appropriations Act, 3297 a state agency may not initiate a competitive solicitation for a 3298 product or service if the completion of such competitive 3299 solicitation would: 3300 (1) Require a change in law; or 3301 (2) Require a change to the agency’s budget other than a 3302 transfer authorized in s. 216.292(2) or (3), Florida Statutes, 3303 unless the initiation of such competitive solicitation is 3304 specifically authorized in law, in the General Appropriations 3305 Act, or by the Legislative Budget Commission. 3306 3307 This section does not apply to a competitive solicitation for 3308 which the agency head certifies that a valid emergency exists. 3309 This section expires July 1, 2020. 3310 Section 107. In order to implement appropriations for 3311 salaries and benefits in the 2019-2020 General Appropriations 3312 Act, subsection (6) of section 112.24, Florida Statutes, is 3313 amended to read: 3314 112.24 Intergovernmental interchange of public employees. 3315 To encourage economical and effective utilization of public 3316 employees in this state, the temporary assignment of employees 3317 among agencies of government, both state and local, and 3318 including school districts and public institutions of higher 3319 education is authorized under terms and conditions set forth in 3320 this section. State agencies, municipalities, and political 3321 subdivisions are authorized to enter into employee interchange 3322 agreements with other state agencies, the Federal Government, 3323 another state, a municipality, or a political subdivision 3324 including a school district, or with a public institution of 3325 higher education. State agencies are also authorized to enter 3326 into employee interchange agreements with private institutions 3327 of higher education and other nonprofit organizations under the 3328 terms and conditions provided in this section. In addition, the 3329 Governor or the Governor and Cabinet may enter into employee 3330 interchange agreements with a state agency, the Federal 3331 Government, another state, a municipality, or a political 3332 subdivision including a school district, or with a public 3333 institution of higher learning to fill, subject to the 3334 requirements of chapter 20, appointive offices which are within 3335 the executive branch of government and which are filled by 3336 appointment by the Governor or the Governor and Cabinet. Under 3337 no circumstances shall employee interchange agreements be 3338 utilized for the purpose of assigning individuals to participate 3339 in political campaigns. Duties and responsibilities of 3340 interchange employees shall be limited to the mission and goals 3341 of the agencies of government. 3342 (6) For the 2019-20202018-2019fiscal year only, the 3343 assignment of an employee of a state agency as provided in this 3344 section may be made if recommended by the Governor or Chief 3345 Justice, as appropriate, and approved by the chairs of the 3346 legislative appropriations committees. Such actions shall be 3347 deemed approved if neither chair provides written notice of 3348 objection within 14 days after receiving notice of the action 3349 pursuant to s. 216.177. This subsection expires July 1, 2020 33502019. 3351 Section 108. In order to implement Specific Appropriations 3352 2751 and 2752 of the 2019-2020 General Appropriations Act, and 3353 notwithstanding s. 11.13(1), Florida Statutes, the authorized 3354 salaries for members of the Legislature for the 2019-2020 fiscal 3355 year shall be set at the same level in effect on July 1, 2010. 3356 This section expires July 1, 2020. 3357 Section 109. In order to implement the transfer of funds to 3358 the General Revenue Fund from trust funds for the 2019-2020 3359 General Appropriations Act, and notwithstanding the expiration 3360 date in section 83 of chapter 2018-10, Laws of Florida, 3361 paragraph (b) of subsection (2) of section 215.32, Florida 3362 Statutes, is reenacted to read: 3363 215.32 State funds; segregation.— 3364 (2) The source and use of each of these funds shall be as 3365 follows: 3366 (b)1. The trust funds shall consist of moneys received by 3367 the state which under law or under trust agreement are 3368 segregated for a purpose authorized by law. The state agency or 3369 branch of state government receiving or collecting such moneys 3370 is responsible for their proper expenditure as provided by law. 3371 Upon the request of the state agency or branch of state 3372 government responsible for the administration of the trust fund, 3373 the Chief Financial Officer may establish accounts within the 3374 trust fund at a level considered necessary for proper 3375 accountability. Once an account is established, the Chief 3376 Financial Officer may authorize payment from that account only 3377 upon determining that there is sufficient cash and releases at 3378 the level of the account. 3379 2. In addition to other trust funds created by law, to the 3380 extent possible, each agency shall use the following trust funds 3381 as described in this subparagraph for day-to-day operations: 3382 a. Operations or operating trust fund, for use as a 3383 depository for funds to be used for program operations funded by 3384 program revenues, with the exception of administrative 3385 activities when the operations or operating trust fund is a 3386 proprietary fund. 3387 b. Operations and maintenance trust fund, for use as a 3388 depository for client services funded by third-party payors. 3389 c. Administrative trust fund, for use as a depository for 3390 funds to be used for management activities that are departmental 3391 in nature and funded by indirect cost earnings and assessments 3392 against trust funds. Proprietary funds are excluded from the 3393 requirement of using an administrative trust fund. 3394 d. Grants and donations trust fund, for use as a depository 3395 for funds to be used for allowable grant or donor agreement 3396 activities funded by restricted contractual revenue from private 3397 and public nonfederal sources. 3398 e. Agency working capital trust fund, for use as a 3399 depository for funds to be used pursuant to s. 216.272. 3400 f. Clearing funds trust fund, for use as a depository for 3401 funds to account for collections pending distribution to lawful 3402 recipients. 3403 g. Federal grant trust fund, for use as a depository for 3404 funds to be used for allowable grant activities funded by 3405 restricted program revenues from federal sources. 3406 3407 To the extent possible, each agency must adjust its internal 3408 accounting to use existing trust funds consistent with the 3409 requirements of this subparagraph. If an agency does not have 3410 trust funds listed in this subparagraph and cannot make such 3411 adjustment, the agency must recommend the creation of the 3412 necessary trust funds to the Legislature no later than the next 3413 scheduled review of the agency’s trust funds pursuant to s. 3414 215.3206. 3415 3. All such moneys are hereby appropriated to be expended 3416 in accordance with the law or trust agreement under which they 3417 were received, subject always to the provisions of chapter 216 3418 relating to the appropriation of funds and to the applicable 3419 laws relating to the deposit or expenditure of moneys in the 3420 State Treasury. 3421 4.a. Notwithstanding any provision of law restricting the 3422 use of trust funds to specific purposes, unappropriated cash 3423 balances from selected trust funds may be authorized by the 3424 Legislature for transfer to the Budget Stabilization Fund and 3425 General Revenue Fund in the General Appropriations Act. 3426 b. This subparagraph does not apply to trust funds required 3427 by federal programs or mandates; trust funds established for 3428 bond covenants, indentures, or resolutions whose revenues are 3429 legally pledged by the state or public body to meet debt service 3430 or other financial requirements of any debt obligations of the 3431 state or any public body; the Division of Licensing Trust Fund 3432 in the Department of Agriculture and Consumer Services; the 3433 State Transportation Trust Fund; the trust fund containing the 3434 net annual proceeds from the Florida Education Lotteries; the 3435 Florida Retirement System Trust Fund; trust funds under the 3436 management of the State Board of Education or the Board of 3437 Governors of the State University System, where such trust funds 3438 are for auxiliary enterprises, self-insurance, and contracts, 3439 grants, and donations, as those terms are defined by general 3440 law; trust funds that serve as clearing funds or accounts for 3441 the Chief Financial Officer or state agencies; trust funds that 3442 account for assets held by the state in a trustee capacity as an 3443 agent or fiduciary for individuals, private organizations, or 3444 other governmental units; and other trust funds authorized by 3445 the State Constitution. 3446 Section 110. The text of s. 215.32(2)(b), Florida Statutes, 3447 as carried forward from chapter 2011-47, Laws of Florida, by 3448 this act, expires July 1, 2020, and the text of that paragraph 3449 shall revert to that in existence on June 30, 2011, except that 3450 any amendments to such text enacted other than by this act shall 3451 be preserved and continue to operate to the extent that such 3452 amendments are not dependent upon the portions of text which 3453 expire pursuant to this section. 3454 Section 111. In order to implement appropriations in the 3455 2019-2020 General Appropriations Act for state employee travel, 3456 the funds appropriated to each state agency which may be used 3457 for travel by state employees are limited during the 2019-2020 3458 fiscal year to travel for activities that are critical to each 3459 state agency’s mission. Funds may not be used for travel by 3460 state employees to foreign countries, other states, conferences, 3461 staff training activities, or other administrative functions 3462 unless the agency head has approved, in writing, that such 3463 activities are critical to the agency’s mission. The agency head 3464 shall consider using teleconferencing and other forms of 3465 electronic communication to meet the needs of the proposed 3466 activity before approving mission-critical travel. This section 3467 does not apply to travel for law enforcement purposes, military 3468 purposes, emergency management activities, or public health 3469 activities. This section expires July 1, 2020. 3470 Section 112. In order to implement appropriations in the 3471 2019-2020 General Appropriations Act for state employee travel 3472 and notwithstanding s. 112.061, Florida Statutes, costs for 3473 lodging associated with a meeting, conference, or convention 3474 organized or sponsored in whole or in part by a state agency or 3475 the judicial branch may not exceed $150 per day. An employee may 3476 expend his or her own funds for any lodging expenses in excess 3477 of $150 per day. For purposes of this section, a meeting does 3478 not include travel activities for conducting an audit, 3479 examination, inspection, or investigation or travel activities 3480 related to a litigation or emergency response. This section 3481 expires July 1, 2020. 3482 Section 113. In order to implement the appropriation of 3483 funds in the special categories, contracted services, and 3484 expenses categories of the 2019-2020 General Appropriations Act, 3485 a state agency may not enter into a contract containing a 3486 nondisclosure clause that prohibits the contractor from 3487 disclosing information relevant to the performance of the 3488 contract to members or staff of the Senate or the House of 3489 Representatives. This section expires July 1, 2020. 3490 Section 114. Any section of this act which implements a 3491 specific appropriation or specifically identified proviso 3492 language in the 2019-2020 General Appropriations Act is void if 3493 the specific appropriation or specifically identified proviso 3494 language is vetoed. Any section of this act which implements 3495 more than one specific appropriation or more than one portion of 3496 specifically identified proviso language in the 2019-2020 3497 General Appropriations Act is void if all the specific 3498 appropriations or portions of specifically identified proviso 3499 language are vetoed. 3500 Section 115. If any other act passed during the 2019 3501 Regular Session of the Legislature contains a provision that is 3502 substantively the same as a provision in this act, but that 3503 removes or is otherwise not subject to the future repeal applied 3504 to such provision by this act, the Legislature intends that the 3505 provision in the other act takes precedence and continues to 3506 operate, notwithstanding the future repeal provided by this act. 3507 Section 116. If any provision of this act or its 3508 application to any person or circumstance is held invalid, the 3509 invalidity does not affect other provisions or applications of 3510 the act which can be given effect without the invalid provision 3511 or application, and to this end the provisions of this act are 3512 severable. 3513 Section 117. Except as otherwise expressly provided in this 3514 act and except for this section, which shall take effect upon 3515 this act becoming a law, this act shall take effect July 1, 3516 2019; or, if this act fails to become a law until after that 3517 date, it shall take effect upon becoming a law and shall operate 3518 retroactively to July 1, 2019.