Bill Text: FL S2502 | 2020 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementing the 2020-2021 General Appropriations Act
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-02-13 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2020-S2502-Prefiled.html
Bill Title: Implementing the 2020-2021 General Appropriations Act
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-02-13 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2020-S2502-Prefiled.html
Florida Senate - 2020 (PROPOSED BILL) SPB 2502 FOR CONSIDERATION By the Committee on Appropriations 576-02070-20 20202502pb 1 A bill to be entitled 2 An act implementing the 2020-2021 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. 1011.62, F.S.; conforming a provision 9 regarding the virtual education contribution to 10 reflect the Teacher Salary Increase Allocation; 11 extending for 1 fiscal year provisions governing the 12 funding compression allocation; suspending the Florida 13 Best and Brightest Teacher and Principal Allocation 14 for the 2020-2021 fiscal year; creating the Teacher 15 Salary Increase Allocation; specifying the purpose of 16 the allocation; prescribing the manner in which funds 17 under the allocation may be provided and used; 18 providing for the expiration and reversion of 19 specified statutory text; amending ss. 1012.731 and 20 1012.732, F.S.; suspending the Florida Best and 21 Brightest Teacher Program and the Florida Best and 22 Brightest Principal Program for the 2020-2021 fiscal 23 year; amending s. 1013.62, F.S.; specifying the source 24 of charter school capital outlay funding; providing 25 that charter schools are ineligible to receive capital 26 outlay funding unless the governing board chair and 27 the school’s chief administrative officer provides an 28 annual certification under oath; providing for the 29 expiration and reversion of specified statutory text; 30 creating s. 1004.6499, F.S.; establishing the Florida 31 Institute of Politics at the Florida State University; 32 providing the purpose and goals of the institute; 33 incorporating by reference certain calculations for 34 the Medicaid Disproportionate Share Hospital and 35 Hospital Reimbursement programs; authorizing the 36 Agency for Health Care Administration, in consultation 37 with the Department of Health, to submit a budget 38 amendment to realign funding for a component of the 39 Children’s Medical Services program to reflect actual 40 enrollment changes; specifying requirements for such 41 realignment; authorizing the agency to request 42 nonoperating budget authority for transferring certain 43 federal funds to the Department of Health; reenacting 44 s. 409.908(23), F.S., relating to the reimbursement of 45 Medicaid providers; extending for 1 fiscal year 46 provisions regarding reimbursement rates; providing 47 for the expiration and reversion of specified 48 statutory text; reenacting s. 409.908(26), F.S., 49 relating to the reimbursement of Medicaid providers; 50 extending for 1 fiscal year a provision regarding the 51 receipt of funds to be used for Low Income Pool 52 Program payments; providing for the expiration and 53 reversion of specified statutory text; amending s. 54 409.904, F.S.; extending for 1 fiscal year a provision 55 requiring the Agency for Health Care Administration to 56 make payments to Medicaid-covered services; reenacting 57 s. 624.91(5)(b), F.S., relating to the Florida Healthy 58 Kids Corporation; extending for 1 fiscal year a 59 provision requiring the corporation to validate the 60 medical loss ratio and calculate a refund amount for 61 insurers and providers of health care services who 62 meet certain criteria; providing for the expiration 63 and reversion of specified statutory text; amending s. 64 381.915, F.S.; revising limitations regarding a cancer 65 center’s participation under Tier 3 of the Florida 66 Consortium of National Cancer Institute Centers 67 Program and authorization for centers to pursue 68 certain designations by the institute; providing for 69 the expiration and reversion of specified statutory 70 text; amending s. 893.055, F.S.; extending for 1 71 fiscal year a provision prohibiting the Attorney 72 General and the Department of Health from using 73 certain settlement agreement funds to administer the 74 prescription drug monitoring program; amending s. 75 409.911, F.S.; updating the average of audited 76 disproportionate share data for purposes of 77 calculating disproportionate share payments; extending 78 for 1 fiscal year the requirement that the Agency for 79 Health Care Administration distribute moneys to 80 hospitals that provide a disproportionate share of 81 Medicaid or charity care services, as provided in the 82 General Appropriations Act; amending s. 409.9113, 83 F.S.; extending for 1 fiscal year the requirement that 84 the Agency for Health Care Administration make 85 disproportionate share payments to teaching hospitals 86 as provided in the General Appropriations Act; 87 amending s. 409.9119, F.S.; extending for 1 fiscal 88 year the requirement that the Agency for Health Care 89 Administration make disproportionate share payments to 90 certain specialty hospitals for children; authorizing 91 the Agency for Health Care Administration to submit a 92 budget amendment to realign Medicaid funding for 93 specified purposes, subject to certain limitations; 94 requiring the Agency for Health Care Administration to 95 contract with an organization for the provision of 96 elder care services in specified counties if certain 97 conditions are met; specifying requirements for the 98 program; authorizing the Agency for Health Care 99 Administration and the Department of Health to each 100 submit a budget amendment to realign funding within 101 the Florida Kidcare program appropriation categories 102 or increase budget authority for certain purposes; 103 specifying the timeframe within which any such budget 104 amendment must be submitted; amending s. 381.986, 105 F.S.; exempting rules pertaining to the medical use of 106 marijuana from certain rulemaking requirements; 107 amending s. 381.988, F.S.; exempting rules pertaining 108 to medical marijuana testing laboratories from certain 109 rulemaking requirements; amending s. 14(1), chapter 110 2017-232, Laws of Florida; exempting certain rules 111 pertaining to medical marijuana adopted to replace 112 emergency rules from specified rulemaking 113 requirements; providing for the expiration and 114 reversion of specified law; requiring the Agency for 115 Health Care Administration to replace the Medicaid 116 Enterprise System; specifying requirements for the 117 replacement system; requiring the agency to take 118 specified action; providing for the establishment of 119 an executive steering committee to oversee 120 implementation of the replacement system; providing 121 for membership, meeting requirements, duties, and 122 responsibilities of the steering committee; 123 authorizing the Department of Children and Families to 124 submit a budget amendment to realign funding for 125 implementation of the Guardianship Assistance Program; 126 requiring the Department of Children and Families to 127 establish a formula for the distribution of funds to 128 implement the Guardianship Assistance Program; 129 amending s. 296.37, F.S.; extending for 1 fiscal year 130 a provision specifying the monthly contribution to 131 residents of a state veterans’ nursing home; 132 authorizing the Department of Children and Families to 133 submit a budget amendment to increase budget authority 134 for the Supplemental Nutrition Assistance Program if 135 certain conditions are met; authorizing the Department 136 of Children and Families to submit a budget amendment 137 to realign funding within the Family Safety Program 138 for specified purposes; amending s. 216.262, F.S.; 139 extending for 1 fiscal year the authority of the 140 Department of Corrections to submit a budget amendment 141 for additional positions and appropriations under 142 certain circumstances; amending s. 1011.80, F.S.; 143 specifying the manner by which state funds for 144 postsecondary workforce programs may be used for 145 inmate education; providing for the expiration and 146 reversion of specified statutory text; amending s. 147 215.18, F.S.; extending for 1 fiscal year the 148 authority and related repayment requirements for 149 temporary trust fund loans to the state court system 150 which are sufficient to meet the system’s 151 appropriation; requiring the Department of Juvenile 152 Justice to review county juvenile detention payments 153 to determine whether a county has met specified 154 financial responsibilities; requiring amounts owed by 155 the county for such financial responsibilities to be 156 deducted from certain county funds; requiring the 157 Department of Revenue to transfer withheld funds to a 158 specified trust fund; requiring the Department of 159 Revenue to ensure that such reductions in amounts 160 distributed do not reduce distributions below amounts 161 necessary for certain payments due on bonds and to 162 comply with bond covenants; requiring the Department 163 of Revenue to notify the Department of Juvenile 164 Justice if bond payment requirements mandate a 165 reduction in deductions for amounts owed by a county; 166 reenacting and amending s. 27.40, F.S., relating to 167 court-appointed counsel; extending for 1 fiscal year 168 provisions governing the appointment of court 169 appointed counsel; establishing the Cross 170 Jurisdictional Death Penalty Pilot Program within the 171 Office of Criminal Conflict and Civil Regional Counsel 172 of the Second Appellate District; specifying the 173 manner of appointing counsel to indigent defendants 174 who meet specified criteria; providing reporting 175 requirements regarding the pilot program; specifying 176 that repeal of the act does not terminate appointments 177 of counsel made under the pilot program; reenacting 178 and amending s. 27.5304, F.S., relating to private 179 court-appointed counsel; extending for 1 fiscal year 180 limitations on compensation for representation in 181 criminal proceedings; providing for the expiration and 182 reversion of specified statutory text; specifying that 183 clerks of the circuit court are responsible for 184 certain costs related to juries which exceed a certain 185 funding level; reenacting s. 318.18(19)(c), F.S., 186 relating to penalty amounts for traffic infractions; 187 extending for 1 fiscal year the redirection of 188 revenues from the Public Defenders Revenue Trust Fund 189 to the Indigent Criminal Defense Trust Fund; 190 reenacting s. 817.568(12)(b), F.S., relating to the 191 criminal use of personal identification information; 192 extending for 1 fiscal year the redirection of 193 revenues from the Public Defenders Revenue Trust Fund 194 to the Indigent Criminal Defense Trust Fund; providing 195 for the expiration and reversion of specified 196 statutory text; requiring the Department of Management 197 Services to use tenant broker services to renegotiate 198 or reprocure certain private lease agreements for 199 office or storage space; requiring the Department of 200 Management Services to provide a report to the 201 Governor and Legislature by a specified date; 202 prohibiting an agency from transferring funds from a 203 data processing category to another category that is 204 not a data processing category; authorizing the 205 Executive Office of the Governor to transfer funds 206 appropriated for data processing assessment between 207 departments for a specified purpose; authorizing the 208 Executive Office of the Governor to transfer funds 209 between departments for purposes of aligning amounts 210 paid for risk management insurance and for human 211 resources services; requiring the Department of 212 Financial Services to replace specified components of 213 the Florida Accounting Information Resource Subsystem 214 (FLAIR) and the Cash Management Subsystem (CMS); 215 specifying certain actions to be taken by the 216 Department of Financial Services regarding FLAIR and 217 CMS replacement; providing for the composition of an 218 executive steering committee to oversee FLAIR and CMS 219 replacement; prescribing duties and responsibilities 220 of the executive steering committee; amending s. 221 216.181, F.S.; extending for 1 fiscal year the 222 authority for the Legislative Budget Commission to 223 increase amounts appropriated to the Fish and Wildlife 224 Conservation Commission or the Department of 225 Environmental Protection for certain fixed capital 226 outlay projects from specified sources; amending s. 227 215.18, F.S.; extending for 1 fiscal year the 228 authority of the Governor, if there is a specified 229 temporary deficiency in a land acquisition trust fund 230 in the Department of Agriculture and Consumer 231 Services, the Department of Environmental Protection, 232 the Department of State, or the Fish and Wildlife 233 Conservation Commission, to transfer funds from other 234 trust funds in the State Treasury as a temporary loan 235 to such trust fund; providing a deadline for the 236 repayment of a temporary loan; requiring the 237 Department of Environmental Protection to transfer 238 designated proportions of the revenues deposited in 239 the Land Acquisition Trust Fund within the department 240 to land acquisition trust funds in the Department of 241 Agriculture and Consumer Services, the Department of 242 State, and the Fish and Wildlife Conservation 243 Commission according to specified parameters and 244 calculations; defining the term “department”; 245 requiring the Department of Environmental Protection 246 to retain a proportionate share of revenues; 247 specifying a limit on distributions; requiring the 248 Department of Environmental Protection to make 249 transfers to land acquisition trust funds; specifying 250 the method of determining transfer amounts; 251 authorizing the Department of Environmental Protection 252 to advance funds from its land acquisition trust fund 253 to the Fish and Wildlife Conservation Commission’s 254 land acquisition trust fund for specified purposes; 255 requiring the Department of Environmental Protection 256 to prorate amounts transferred to the Fish and 257 Wildlife Conservation Commission; amending s. 216.181, 258 F.S.; extending for 1 fiscal year authorization for 259 the Legislative Budget Commission to increase amounts 260 appropriated to the Department of Environmental 261 Protection for fixed capital outlay projects using 262 specified funds; amending s. 570.441, F.S.; extending 263 for 1 fiscal year a provision authorizing the 264 Department of Agriculture and Consumer Services to use 265 certain funds for purposes related to the Division of 266 Agricultural Environmental Services; reenacting s. 267 570.93(1)(a), F.S., relating to the agricultural water 268 conservation program of the Department of Agriculture 269 and Consumer Services; extending for 1 fiscal year 270 provisions governing the cost-share program; providing 271 for the expiration and reversion of specified 272 statutory text; amending s. 259.105, F.S.; providing 273 for the distribution of proceeds from the Florida 274 Forever Trust Fund for the 2020-2021 fiscal year; 275 amending s. 375.041, F.S.; specifying that certain 276 funds for projects dedicated to restoring Lake Apopka 277 shall be appropriated as provided in the General 278 Appropriations Act; amending s. 321.04, F.S.; 279 extending for 1 fiscal year a provision requiring the 280 Department of Highway Safety and Motor Vehicles to 281 assign one or more patrol officers to the office of 282 Lieutenant Governor for security purposes, upon 283 request of the Governor; extending for 1 fiscal year 284 the requirement that the Department of Highway Safety 285 and Motor Vehicles assign a patrol officer to a 286 Cabinet member under certain circumstances; amending 287 s. 420.9079, F.S.; authorizing funds in the Local 288 Government Housing Trust Fund to be used as provided 289 in the General Appropriations Act; amending s. 290 420.0005, F.S.; authorizing certain funds related to 291 state housing to be used as provided in the General 292 Appropriations Act; amending s. 288.1226, F.S.; 293 extending the scheduled repeal of the Florida Tourism 294 Industry Marketing Corporation direct-support 295 organization; amending s. 288.923, F.S.; extending the 296 scheduled repeal of the Division of Tourism Marketing 297 of Enterprise Florida, Inc.; amending s. 338.2278, 298 F.S.; authorizing certain uncommitted funding for the 299 Transportation Disadvantaged Trust Fund to be used as 300 provided in the General Appropriations Act; amending 301 s. 339.135, F.S.; extending for 1 fiscal year 302 authorization for the chair and vice chair of the 303 Legislative Budget Commission to approve the 304 Department of Transportation’s budget amendment under 305 specified circumstances; authorizing the chair and 306 vice chair of the commission to approve certain budget 307 amendments of the Department of Transportation if 308 certain conditions are met; amending s. 112.061, F.S.; 309 extending for 1 fiscal year authorization for the 310 Lieutenant Governor to designate an alternative 311 official headquarters, subject to certain limitations; 312 amending s. 216.292, F.S.; extending for 1 fiscal year 313 a provision prescribing requirements for the review of 314 certain transfers of appropriations; requiring the 315 Department of Management Services to maintain and 316 offer the same health insurance options for 317 participants of the state group health insurance 318 program for the 2020-2021 fiscal year as for the 319 preceding fiscal year; prohibiting a state agency from 320 initiating a competitive solicitation for a product or 321 service under certain circumstances; providing an 322 exception; amending s. 112.24, F.S.; extending for 1 323 fiscal year the authorization, subject to specified 324 requirements, for the assignment of an employee of a 325 state agency under an employee interchange agreement; 326 providing that the annual salaries of the members of 327 the Legislature be maintained at a specified level; 328 reenacting s. 215.32(2)(b), F.S., relating to the 329 source and use of certain trust funds; providing for 330 the future expiration and reversion of statutory text; 331 limiting the use of travel funds to activities that 332 are critical to an agency’s mission; providing 333 exceptions; placing a monetary cap on lodging expenses 334 for state employee travel to certain meetings 335 organized or sponsored by a state agency or the 336 judicial branch; authorizing employees to expend their 337 own funds for lodging expenses in excess of the 338 monetary caps; prohibiting state agencies from 339 entering into contracts containing certain 340 nondisclosure agreements; providing conditions under 341 which the veto of certain appropriations or proviso 342 language in the General Appropriations Act voids 343 language that implements such appropriations; 344 providing for the continued operation of certain 345 provisions notwithstanding a future repeal or 346 expiration provided by the act; providing 347 severability; providing effective dates. 348 349 Be It Enacted by the Legislature of the State of Florida: 350 351 Section 1. It is the intent of the Legislature that the 352 implementing and administering provisions of this act apply to 353 the General Appropriations Act for the 2020-2021 fiscal year. 354 Section 2. In order to implement Specific Appropriations 8, 355 9, 10, 92, and 93 of the 2020-2021 General Appropriations Act, 356 the calculations of the Florida Education Finance Program for 357 the 2020-2021 fiscal year included in the document titled 358 “Public School Funding: The Florida Education Finance Program,” 359 dated January 30, 2020, and filed with the Secretary of the 360 Senate, are incorporated by reference for the purpose of 361 displaying the calculations used by the Legislature, consistent 362 with the requirements of state law, in making appropriations for 363 the Florida Education Finance Program. This section expires July 364 1, 2021. 365 Section 3. In order to implement Specific Appropriations 8 366 and 92 of the 2020-2021 General Appropriations Act, and 367 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42, 368 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the 369 expenditure of funds provided for instructional materials, for 370 the 2020-2021 fiscal year, funds provided for instructional 371 materials shall be released and expended as required in the 372 proviso language for Specific Appropriation 92 of the 2020-2021 373 General Appropriations Act. This section expires July 1, 2021. 374 Section 4. In order to implement Specific Appropriations 8 375 and 92 of the 2020-2021 General Appropriations Act, subsections 376 (11), (17), and (18) of section 1011.62, Florida Statutes, are 377 amended, and subsection (22) is added to that section, to read: 378 1011.62 Funds for operation of schools.—If the annual 379 allocation from the Florida Education Finance Program to each 380 district for operation of schools is not determined in the 381 annual appropriations act or the substantive bill implementing 382 the annual appropriations act, it shall be determined as 383 follows: 384 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may 385 annually provide in the Florida Education Finance Program a 386 virtual education contribution. The amount of the virtual 387 education contribution shall be the difference between the 388 amount per FTE established in the General Appropriations Act for 389 virtual education and the amount per FTE for each district and 390 the Florida Virtual School, which may be calculated by taking 391 the sum of the base FEFP allocation, the discretionary local 392 effort, the state-funded discretionary contribution, the 393 discretionary millage compression supplement, the research-based 394 reading instruction allocation, the best and brightest teacher 395 and principal allocation, the teacher salary increase 396 allocation, and the instructional materials allocation, and then 397 dividing by the total unweighted FTE. This difference shall be 398 multiplied by the virtual education unweighted FTE for programs 399 and options identified in s. 1002.455 and the Florida Virtual 400 School and its franchises to equal the virtual education 401 contribution and shall be included as a separate allocation in 402 the funding formula. 403 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may 404 provide an annual funding compression allocation in the General 405 Appropriations Act. The allocation is created to provide 406 additional funding to school districts and developmental 407 research schools whose total funds per FTE in the prior year 408 were less than the statewide average. Using the most recent 409 prior year FEFP calculation for each eligible school district, 410 the total funds per FTE shall be subtracted from the state 411 average funds per FTE, not including any adjustments made 412 pursuant to paragraph (19)(b). The resulting funds per FTE 413 difference, or a portion thereof, as designated in the General 414 Appropriations Act, shall then be multiplied by the school 415 district’s total unweighted FTE to provide the allocation. If 416 the calculated funds are greater than the amount included in the 417 General Appropriations Act, they must be prorated to the 418 appropriation amount based on each participating school 419 district’s share. This subsection expires July 1, 20212020. 420 (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL 421 ALLOCATION.— 422 (a) The Florida Best and Brightest Teacher and Principal 423 Allocation is created to recruit, retain, and recognize 424 classroom teachers and instructional personnel who meet the 425 criteria established in s. 1012.731 and reward principals who 426 meet the criteria established in s. 1012.732. Subject to annual 427 appropriation, each school district shall receive an allocation 428 based on the district’s proportionate share of FEFP base 429 funding. The Legislature may specify a minimum allocation for 430 all districts in the General Appropriations Act. 431 (b) From the allocation, each district shall provide the 432 following: 433 1. A one-time recruitment award, as provided in s. 434 1012.731(3)(a); 435 2. A retention award, as provided in s. 1012.731(3)(b); and 436 3. A recognition award, as provided in s. 1012.731(3)(c) 437 from the remaining balance of the appropriation after the 438 payment of all other awards authorized under ss. 1012.731 and 439 1012.732. 440 (c) From the allocation, each district shall provide 441 eligible principals an award as provided in s. 1012.732(3). 442 443 If a district’s calculated awards exceed the allocation, the 444 district may prorate the awards. 445 (d) The allocation authorized in this subsection is 446 suspended for the 2020-2021 fiscal year and does not apply 447 during such fiscal year. This paragraph expires July 1, 2021. 448 (22) TEACHER SALARY INCREASE ALLOCATION.– 449 (a) The Teacher Salary Increase Allocation is created to 450 increase teacher salaries and improve this state’s relative 451 teacher salary position when compared with teacher salaries in 452 other states. 453 (b) Subject to annual appropriation, funds may be provided 454 for each school district to increase the minimum base salary for 455 full-time classroom teachers as defined in s. 1012.01(2)(a) or 456 all instructional personnel as defined by s. 1012.01(2)(a)-(d), 457 plus certified prekindergarten teachers, but not including 458 substitute teachers, by no less than the amount designated in 459 the General Appropriations Act. In addition, funds may also be 460 provided in an amount designated in the General Appropriations 461 Act for salary increases for all full-time instructional 462 personnel as determined by the school board and the local 463 bargaining unit. 464 (c) Funds for this purpose shall be allocated on each 465 district’s share of the base FEFP allocation. Funds for the 466 minimum base salary increase may be provided in multiple years 467 in order to achieve a particular salary goal. The minimum base 468 salary is the base annual salary before payroll deductions and 469 excluding additional compensation. 470 (d) This subsection expires July 1, 2021. 471 Section 5. The amendment to s. 1011.62(11), Florida 472 Statutes, by this act, expires July 1, 2021, and the text of 473 that subsection shall revert to that in existence on June 30, 474 2020, except that any amendments to such text enacted other than 475 by this act shall be preserved and continue to operate to the 476 extent that such amendments are not dependent upon the portions 477 of text which expire pursuant to this section. 478 Section 6. In order to implement Specific Appropriations 8 479 and 92 of the 2020-2021 General Appropriations Act, subsection 480 (4) is added to section 1012.731, Florida Statutes, to read: 481 1012.731 The Florida Best and Brightest Teacher Program.— 482 (4) No awards may be made pursuant to this section and the 483 operation of the program is suspended for the 2020-2021 fiscal 484 year. This subsection expires July 1, 2021. 485 Section 7. In order to implement Specific Appropriations 8 486 and 92 of the 2020-2021 General Appropriations Act, subsection 487 (4) is added to section 1012.732, Florida Statutes, to read: 488 1012.732 The Florida Best and Brightest Principal Program.— 489 (4) No awards may be made pursuant to this section and the 490 operation of the program is suspended for the 2020-2021 fiscal 491 year. This subsection expires July 1, 2021. 492 Section 8. In order to implement Specific Appropriation 21 493 of the 2020-2021 General Appropriations Act, subsection (1) of 494 section 1013.62, Florida Statutes, is amended to read: 495 1013.62 Charter schools capital outlay funding.— 496 (1) For the 2020-20212018-2019fiscal year, charter school 497 capital outlay funding shall consist of state funds appropriated 498 in the 2020-20212018-2019General Appropriations Act. Beginning 499 in fiscal year 2021-20222019-2020, charter school capital 500 outlay funding shall consist of state funds when such funds are 501 appropriated in the General Appropriations Act and revenue 502 resulting from the discretionary millage authorized in s. 503 1011.71(2) if the amount of state funds appropriated for charter 504 school capital outlay in any fiscal year is less than the 505 average charter school capital outlay funds per unweighted full 506 time equivalent student for the 2018-2019 fiscal year, 507 multiplied by the estimated number of charter school students 508 for the applicable fiscal year, and adjusted by changes in the 509 Consumer Price Index issued by the United States Department of 510 Labor from the previous fiscal year. Nothing in this subsection 511 prohibits a school district from distributing to charter schools 512 funds resulting from the discretionary millage authorized in s. 513 1011.71(2). 514 (a) To be eligible to receive capital outlay funds, a 515 charter school must: 516 1.a. Have been in operation for 2 or more years; 517 b. Be governed by a governing board established in the 518 state for 2 or more years which operates both charter schools 519 and conversion charter schools within the state; 520 c. Be an expanded feeder chain of a charter school within 521 the same school district that is currently receiving charter 522 school capital outlay funds; 523 d. Have been accredited by a regional accrediting 524 association as defined by State Board of Education rule; or 525 e. Serve students in facilities that are provided by a 526 business partner for a charter school-in-the-workplace pursuant 527 to s. 1002.33(15)(b). 528 2. Have an annual audit that does not reveal any of the 529 financial emergency conditions provided in s. 218.503(1) for the 530 most recent fiscal year for which such audit results are 531 available. 532 3. Have satisfactory student achievement based on state 533 accountability standards applicable to the charter school. 534 4. Have received final approval from its sponsor pursuant 535 to s. 1002.33 for operation during that fiscal year. 536 5. Serve students in facilities that are not provided by 537 the charter school’s sponsor. 538 (b) A charter school is not eligible to receive capital 539 outlay funds if it was created by the conversion of a public 540 school and operates in facilities provided by the charter 541 school’s sponsor for a nominal fee, or at no charge, or if it is 542 directly or indirectly operated by the school district. 543 (c) A charter school additionally is not eligible for a 544 funding allocation unless the chair of the governing board and 545 the chief administrative officer of the charter school annually 546 certify under oath that the funds will be used solely and 547 exclusively for constructing, renovating, leasing, purchasing, 548 financing or improving charter school facilities that are: 549 1. Owned by a school district, political subdivision of the 550 state, municipality, Florida College System institution, or 551 state university; or 552 2. Owned by an organization, qualified as an exempt 553 organization under s. 501(c)(3) of the Internal Revenue Code, or 554 a tax support organization under s. 509 of the Internal Revenue 555 Code, whose articles of incorporation specify that upon the 556 organization’s dissolution, the subject property, subject to any 557 indebtedness secured thereby and the satisfaction of the 558 organization’s other debts, will be transferred as indicated in 559 the articles of incorporation to: 560 a. Another such exempt organization, including one 561 organized for educational purposes. 562 b. A school district or other political subdivision of the 563 state. 564 c. A municipality. 565 d. A Florida College System institution. 566 e. A state university; or 567 3. Owned by and leased from, at a fair market value, a 568 person or entity that is not an affiliated party of the charter 569 school. For purposes of this subparagraph, the term “affiliated 570 party of the charter school” means the applicant for the charter 571 school pursuant to s. 1002.33; the governing board of the 572 charter school or a member of the governing board; the charter 573 school principal; an individual employed by the charter school; 574 or a relative, as defined in s. 1002.33(24)(a)2., of a charter 575 school governing board member, a charter school principal or a 576 charter school employee. 577 Section 9. The amendments to s. 1013.62(1), Florida 578 Statutes, by this act expire July 1, 2021, and the text of that 579 subsection shall revert to that in existence on June 30, 2020, 580 except that any amendments to such text enacted other than by 581 this act shall be preserved and continue to operate to the 582 extent that such amendments are not dependent upon the portions 583 of text which expire pursuant to this section. 584 Section 10. In order to implement Specific Appropriation 585 150 of the 2020-2021 General Appropriations Act, section 586 1004.6499, Florida Statutes, is created to read: 587 1004.6499 Florida Institute of Politics.— 588 (1) The Florida Institute of Politics is established at the 589 Florida State University within the College of Social Sciences 590 and Public Policy. The purpose of the institute is to provide 591 the southeastern region of the United States with a world class, 592 bipartisan, nationally-renowned institute of politics. 593 (2) The goals of the institute are to: 594 (a) Motivate students across the Florida State University 595 to become aware of the significance of government and civic 596 engagement at all levels and politics in general. 597 (b) Provide students with an opportunity to be politically 598 active and civically engaged. 599 (c) Nurture a state of consciousness and passion for public 600 service and politics. 601 (d) Plan and host forums to allow students and guests to 602 hear from and interact with experts from government, politics, 603 policy, and journalism on a frequent basis. 604 (e) Become a national and state resource on polling 605 information and survey methodology. 606 (f) Provide fellowships and internship opportunities to 607 students in government, non-profit organizations, and community 608 organizations. 609 (g) Provide training sessions for newly elected state and 610 local public officials. 611 (h) Organize and sponsor conferences, symposia and 612 workshops throughout Florida to educate and inform citizens, 613 elected officials, and appointed policymakers regarding 614 effective policymaking techniques and processes. 615 (i) Create and promote research and awareness regarding 616 politics, citizen involvement and public service. 617 (j) Collaborate with related policy institutes and research 618 activities at Florida State University and other institutions of 619 higher education to motivate, increase and sustain citizen 620 involvement in public affairs. 621 (3) This section expires July 1, 2021. 622 Section 11. In order to implement Specific Appropriations 623 207, 208, 211, and 215 of the 2020-2021 General Appropriations 624 Act, the calculations for the Medicaid Disproportionate Share 625 Hospital and Hospital Reimbursement programs for the 2020-2021 626 fiscal year contained in the document titled “Medicaid 627 Disproportionate Share Hospital and Hospital Reimbursement 628 Programs, Fiscal Year 2020-2021,” dated January 30, 2020, and 629 filed with the Secretary of the Senate, are incorporated by 630 reference for the purpose of displaying the calculations used by 631 the Legislature, consistent with the requirements of state law, 632 in making appropriations for the Medicaid Disproportionate Share 633 Hospital and Hospital Reimbursement programs. This section 634 expires July 1, 2021. 635 Section 12. In order to implement Specific Appropriations 636 201 through 228 and 526 of the 2020-2021 General Appropriations 637 Act, and notwithstanding ss. 216.181 and 216.292, Florida 638 Statutes, the Agency for Health Care Administration, in 639 consultation with the Department of Health, may submit a budget 640 amendment, subject to the notice, review, and objection 641 procedures of s. 216.177, Florida Statutes, to realign funding 642 within and between agencies based on implementation of the 643 Managed Medical Assistance component of the Statewide Medicaid 644 Managed Care program for the Children’s Medical Services program 645 of the Department of Health. The funding realignment shall 646 reflect the actual enrollment changes due to the transfer of 647 beneficiaries from fee-for-service to the capitated Children’s 648 Medical Services Network. The Agency for Health Care 649 Administration may submit a request for nonoperating budget 650 authority to transfer the federal funds to the Department of 651 Health pursuant to s. 216.181(12), Florida Statutes. This 652 section expires July 1, 2021. 653 Section 13. In order to implement Specific Appropriations 654 225 and 226 of the 2020-2021 General Appropriations Act, and 655 notwithstanding the expiration date in section 19 of chapter 656 2019-116, Laws of Florida, subsection (23) of section 409.908, 657 Florida Statutes, is reenacted to read: 658 409.908 Reimbursement of Medicaid providers.—Subject to 659 specific appropriations, the agency shall reimburse Medicaid 660 providers, in accordance with state and federal law, according 661 to methodologies set forth in the rules of the agency and in 662 policy manuals and handbooks incorporated by reference therein. 663 These methodologies may include fee schedules, reimbursement 664 methods based on cost reporting, negotiated fees, competitive 665 bidding pursuant to s. 287.057, and other mechanisms the agency 666 considers efficient and effective for purchasing services or 667 goods on behalf of recipients. If a provider is reimbursed based 668 on cost reporting and submits a cost report late and that cost 669 report would have been used to set a lower reimbursement rate 670 for a rate semester, then the provider’s rate for that semester 671 shall be retroactively calculated using the new cost report, and 672 full payment at the recalculated rate shall be effected 673 retroactively. Medicare-granted extensions for filing cost 674 reports, if applicable, shall also apply to Medicaid cost 675 reports. Payment for Medicaid compensable services made on 676 behalf of Medicaid eligible persons is subject to the 677 availability of moneys and any limitations or directions 678 provided for in the General Appropriations Act or chapter 216. 679 Further, nothing in this section shall be construed to prevent 680 or limit the agency from adjusting fees, reimbursement rates, 681 lengths of stay, number of visits, or number of services, or 682 making any other adjustments necessary to comply with the 683 availability of moneys and any limitations or directions 684 provided for in the General Appropriations Act, provided the 685 adjustment is consistent with legislative intent. 686 (23)(a) The agency shall establish rates at a level that 687 ensures no increase in statewide expenditures resulting from a 688 change in unit costs for county health departments effective 689 July 1, 2011. Reimbursement rates shall be as provided in the 690 General Appropriations Act. 691 (b)1. Base rate reimbursement for inpatient services under 692 a diagnosis-related group payment methodology shall be provided 693 in the General Appropriations Act. 694 2. Base rate reimbursement for outpatient services under an 695 enhanced ambulatory payment group methodology shall be provided 696 in the General Appropriations Act. 697 3. Prospective payment system reimbursement for nursing 698 home services shall be as provided in subsection (2) and in the 699 General Appropriations Act. 700 Section 14. The text of s. 409.908(23), Florida Statutes, 701 as carried forward from chapter 2018-10, Laws of Florida, by 702 this act, expires July 1, 2021, and the text of that subsection 703 shall revert to that in existence on October 1, 2018, not 704 including any amendments made by chapter 2018-10, Laws of 705 Florida, except that any amendments to such text enacted other 706 than by this act and chapters 2019-116 and 2018-10, Laws of 707 Florida, shall be preserved and continue to operate to the 708 extent that such amendments are not dependent upon the portions 709 of text which expire pursuant to this section. 710 Section 15. In order to implement Specific Appropriation 711 209 of the 2020-2021 General Appropriations Act, and 712 notwithstanding the expiration date in section 21 of chapter 713 2019-116, Laws of Florida, subsection (26) of section 409.908, 714 Florida Statutes, is reenacted to read: 715 409.908 Reimbursement of Medicaid providers.—Subject to 716 specific appropriations, the agency shall reimburse Medicaid 717 providers, in accordance with state and federal law, according 718 to methodologies set forth in the rules of the agency and in 719 policy manuals and handbooks incorporated by reference therein. 720 These methodologies may include fee schedules, reimbursement 721 methods based on cost reporting, negotiated fees, competitive 722 bidding pursuant to s. 287.057, and other mechanisms the agency 723 considers efficient and effective for purchasing services or 724 goods on behalf of recipients. If a provider is reimbursed based 725 on cost reporting and submits a cost report late and that cost 726 report would have been used to set a lower reimbursement rate 727 for a rate semester, then the provider’s rate for that semester 728 shall be retroactively calculated using the new cost report, and 729 full payment at the recalculated rate shall be effected 730 retroactively. Medicare-granted extensions for filing cost 731 reports, if applicable, shall also apply to Medicaid cost 732 reports. Payment for Medicaid compensable services made on 733 behalf of Medicaid eligible persons is subject to the 734 availability of moneys and any limitations or directions 735 provided for in the General Appropriations Act or chapter 216. 736 Further, nothing in this section shall be construed to prevent 737 or limit the agency from adjusting fees, reimbursement rates, 738 lengths of stay, number of visits, or number of services, or 739 making any other adjustments necessary to comply with the 740 availability of moneys and any limitations or directions 741 provided for in the General Appropriations Act, provided the 742 adjustment is consistent with legislative intent. 743 (26) The agency may receive funds from state entities, 744 including, but not limited to, the Department of Health, local 745 governments, and other local political subdivisions, for the 746 purpose of making special exception payments and Low Income Pool 747 Program payments, including federal matching funds. Funds 748 received for this purpose shall be separately accounted for and 749 may not be commingled with other state or local funds in any 750 manner. The agency may certify all local governmental funds used 751 as state match under Title XIX of the Social Security Act to the 752 extent and in the manner authorized under the General 753 Appropriations Act and pursuant to an agreement between the 754 agency and the local governmental entity. In order for the 755 agency to certify such local governmental funds, a local 756 governmental entity must submit a final, executed letter of 757 agreement to the agency, which must be received by October 1 of 758 each fiscal year and provide the total amount of local 759 governmental funds authorized by the entity for that fiscal year 760 under the General Appropriations Act. The local governmental 761 entity shall use a certification form prescribed by the agency. 762 At a minimum, the certification form must identify the amount 763 being certified and describe the relationship between the 764 certifying local governmental entity and the local health care 765 provider. Local governmental funds outlined in the letters of 766 agreement must be received by the agency no later than October 767 31 of each fiscal year in which such funds are pledged, unless 768 an alternative plan is specifically approved by the agency. 769 Section 16. The text of s. 409.908(26), Florida Statutes, 770 as carried forward from chapter 2019-116, Laws of Florida, by 771 this act, expires July 1, 2021, and the text of that subsection 772 shall revert to that in existence on June 30, 2019, except that 773 any amendments to such text enacted other than by this act shall 774 be preserved and continue to operate to the extent that such 775 amendments are not dependent upon the portions of text which 776 expire pursuant to this section. 777 Section 17. In order to implement Specific Appropriations 778 207, 211, 212, 214, 216, and 225 of the 2020-2021 General 779 Appropriations Act, subsection (12) of section 409.904, Florida 780 Statutes, is amended to read: 781 409.904 Optional payments for eligible persons.—The agency 782 may make payments for medical assistance and related services on 783 behalf of the following persons who are determined to be 784 eligible subject to the income, assets, and categorical 785 eligibility tests set forth in federal and state law. Payment on 786 behalf of these Medicaid eligible persons is subject to the 787 availability of moneys and any limitations established by the 788 General Appropriations Act or chapter 216. 789 (12) Effective July 1, 20202019, the agency shall make 790 payments to Medicaid-covered services: 791 (a) For eligible children and pregnant women, retroactive 792 for a period of no more than 90 days before the month in which 793 an application for Medicaid is submitted. 794 (b) For eligible nonpregnant adults, retroactive to the 795 first day of the month in which an application for Medicaid is 796 submitted. 797 798 This subsection expires July 1, 20212020. 799 Section 18. In order to implement Specific Appropriations 800 181 through 184 of the 2020-2021 General Appropriations Act, and 801 notwithstanding the expiration date in section 31 of chapter 802 2019-116, Laws of Florida, paragraph (b) of subsection (5) of 803 section 624.91, Florida Statutes, is reenacted to read: 804 624.91 The Florida Healthy Kids Corporation Act.— 805 (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.— 806 (b) The Florida Healthy Kids Corporation shall: 807 1. Arrange for the collection of any family, local 808 contributions, or employer payment or premium, in an amount to 809 be determined by the board of directors, to provide for payment 810 of premiums for comprehensive insurance coverage and for the 811 actual or estimated administrative expenses. 812 2. Arrange for the collection of any voluntary 813 contributions to provide for payment of Florida Kidcare program 814 premiums for children who are not eligible for medical 815 assistance under Title XIX or Title XXI of the Social Security 816 Act. 817 3. Subject to the provisions of s. 409.8134, accept 818 voluntary supplemental local match contributions that comply 819 with the requirements of Title XXI of the Social Security Act 820 for the purpose of providing additional Florida Kidcare coverage 821 in contributing counties under Title XXI. 822 4. Establish the administrative and accounting procedures 823 for the operation of the corporation. 824 5. Establish, with consultation from appropriate 825 professional organizations, standards for preventive health 826 services and providers and comprehensive insurance benefits 827 appropriate to children, provided that such standards for rural 828 areas shall not limit primary care providers to board-certified 829 pediatricians. 830 6. Determine eligibility for children seeking to 831 participate in the Title XXI-funded components of the Florida 832 Kidcare program consistent with the requirements specified in s. 833 409.814, as well as the non-Title-XXI-eligible children as 834 provided in subsection (3). 835 7. Establish procedures under which providers of local 836 match to, applicants to and participants in the program may have 837 grievances reviewed by an impartial body and reported to the 838 board of directors of the corporation. 839 8. Establish participation criteria and, if appropriate, 840 contract with an authorized insurer, health maintenance 841 organization, or third-party administrator to provide 842 administrative services to the corporation. 843 9. Establish enrollment criteria that include penalties or 844 waiting periods of 30 days for reinstatement of coverage upon 845 voluntary cancellation for nonpayment of family premiums. 846 10. Contract with authorized insurers or any provider of 847 health care services, meeting standards established by the 848 corporation, for the provision of comprehensive insurance 849 coverage to participants. Such standards shall include criteria 850 under which the corporation may contract with more than one 851 provider of health care services in program sites. Health plans 852 shall be selected through a competitive bid process. The Florida 853 Healthy Kids Corporation shall purchase goods and services in 854 the most cost-effective manner consistent with the delivery of 855 quality medical care. The maximum administrative cost for a 856 Florida Healthy Kids Corporation contract shall be 15 percent. 857 For health care contracts, the minimum medical loss ratio for a 858 Florida Healthy Kids Corporation contract shall be 85 percent. 859 For dental contracts, the remaining compensation to be paid to 860 the authorized insurer or provider under a Florida Healthy Kids 861 Corporation contract shall be no less than an amount which is 85 862 percent of premium; to the extent any contract provision does 863 not provide for this minimum compensation, this section shall 864 prevail. For an insurer or any provider of health care services 865 which achieves an annual medical loss ratio below 85 percent, 866 the Florida Healthy Kids Corporation shall validate the medical 867 loss ratio and calculate an amount to be refunded by the insurer 868 or any provider of health care services to the state which shall 869 be deposited into the General Revenue Fund unallocated. The 870 health plan selection criteria and scoring system, and the 871 scoring results, shall be available upon request for inspection 872 after the bids have been awarded. 873 11. Establish disenrollment criteria in the event local 874 matching funds are insufficient to cover enrollments. 875 12. Develop and implement a plan to publicize the Florida 876 Kidcare program, the eligibility requirements of the program, 877 and the procedures for enrollment in the program and to maintain 878 public awareness of the corporation and the program. 879 13. Secure staff necessary to properly administer the 880 corporation. Staff costs shall be funded from state and local 881 matching funds and such other private or public funds as become 882 available. The board of directors shall determine the number of 883 staff members necessary to administer the corporation. 884 14. In consultation with the partner agencies, provide a 885 report on the Florida Kidcare program annually to the Governor, 886 the Chief Financial Officer, the Commissioner of Education, the 887 President of the Senate, the Speaker of the House of 888 Representatives, and the Minority Leaders of the Senate and the 889 House of Representatives. 890 15. Provide information on a quarterly basis to the 891 Legislature and the Governor which compares the costs and 892 utilization of the full-pay enrolled population and the Title 893 XXI-subsidized enrolled population in the Florida Kidcare 894 program. The information, at a minimum, must include: 895 a. The monthly enrollment and expenditure for full-pay 896 enrollees in the Medikids and Florida Healthy Kids programs 897 compared to the Title XXI-subsidized enrolled population; and 898 b. The costs and utilization by service of the full-pay 899 enrollees in the Medikids and Florida Healthy Kids programs and 900 the Title XXI-subsidized enrolled population. 901 16. Establish benefit packages that conform to the 902 provisions of the Florida Kidcare program, as created in ss. 903 409.810-409.821. 904 Section 19. The text of s. 624.91(5)(b), Florida Statutes, 905 as carried forward from chapter 2019-116, Laws of Florida, by 906 this act, expires July 1, 2021, and the text of that paragraph 907 shall revert to that in existence on June 30, 2019, except that 908 any amendments to such text enacted other than by this act shall 909 be preserved and continue to operate to the extent that such 910 amendments are not dependent upon the portions of text which 911 expire pursuant to this section. 912 Section 20. In order to implement Specific Appropriation 913 458 of the 2020-2021 General Appropriations Act, subsection (4) 914 of section 381.915, Florida Statutes, is amended to read: 915 381.915 Florida Consortium of National Cancer Institute 916 Centers Program.— 917 (4) Tier designations and corresponding weights within the 918 Florida Consortium of National Cancer Institute Centers Program 919 are as follows: 920 (a) Tier 1: Florida-based NCI-designated comprehensive 921 cancer centers, which shall be weighted at 1.5. 922 (b) Tier 2: Florida-based NCI-designated cancer centers, 923 which shall be weighted at 1.25. 924 (c) Tier 3: Florida-based cancer centers seeking 925 designation as either a NCI-designated cancer center or NCI 926 designated comprehensive cancer center, which shall be weighted 927 at 1.0. 928 1. A cancer center shall meet the following minimum 929 criteria to be considered eligible for Tier 3 designation in any 930 given fiscal year: 931 a. Conducting cancer-related basic scientific research and 932 cancer-related population scientific research; 933 b. Offering and providing the full range of diagnostic and 934 treatment services on site, as determined by the Commission on 935 Cancer of the American College of Surgeons; 936 c. Hosting or conducting cancer-related interventional 937 clinical trials that are registered with the NCI’s Clinical 938 Trials Reporting Program; 939 d. Offering degree-granting programs or affiliating with 940 universities through degree-granting programs accredited or 941 approved by a nationally recognized agency and offered through 942 the center or through the center in conjunction with another 943 institution accredited by the Commission on Colleges of the 944 Southern Association of Colleges and Schools; 945 e. Providing training to clinical trainees, medical 946 trainees accredited by the Accreditation Council for Graduate 947 Medical Education or the American Osteopathic Association, and 948 postdoctoral fellows recently awarded a doctorate degree; and 949 f. Having more than $5 million in annual direct costs 950 associated with their total NCI peer-reviewed grant funding. 951 2. The General Appropriations Act or accompanying 952 legislation may limit the number of cancer centers which shall 953 receive Tier 3 designations or provide additional criteria for 954 such designation. 955 3. A cancer center’s participation in Tier 3 may not extend 956 beyond July 1, 2021shall be limited to 6 years. 957 4. A cancer center that qualifies as a designated Tier 3 958 center under the criteria provided in subparagraph 1. by July 1, 959 2014, is authorized to pursue NCI designation as a cancer center 960 or a comprehensive cancer center until July 1, 2021for 6 years961after qualification. 962 Section 21. The amendments to s. 381.915(4), Florida 963 Statutes, by this act expire July 1, 2021, and the text of that 964 subsection shall revert to that in existence on June 30, 2020, 965 except that any amendments to such text enacted other than by 966 this act shall be preserved and continue to operate to the 967 extent that such amendments are not dependent upon the portions 968 of text which expire pursuant to this section. 969 Section 22. In order to implement Specific Appropriations 970 536, 537, 542, and 545 of the 2020-2021 General Appropriations 971 Act, subsection (17) of section 893.055, Florida Statutes, is 972 amended to read: 973 893.055 Prescription drug monitoring program.— 974 (17) For the 2020-20212019-2020fiscal year only, neither 975 the Attorney General nor the department may use funds received 976 as part of a settlement agreement to administer the prescription 977 drug monitoring program. This subsection expires July 1, 2021 9782020. 979 Section 23. In order to implement Specific Appropriation 980 208 of the 2020-2021 General Appropriations Act, subsections (2) 981 and (10) of section 409.911, Florida Statutes, are amended to 982 read: 983 409.911 Disproportionate share program.—Subject to specific 984 allocations established within the General Appropriations Act 985 and any limitations established pursuant to chapter 216, the 986 agency shall distribute, pursuant to this section, moneys to 987 hospitals providing a disproportionate share of Medicaid or 988 charity care services by making quarterly Medicaid payments as 989 required. Notwithstanding the provisions of s. 409.915, counties 990 are exempt from contributing toward the cost of this special 991 reimbursement for hospitals serving a disproportionate share of 992 low-income patients. 993 (2) The Agency for Health Care Administration shall use the 994 following actual audited data to determine the Medicaid days and 995 charity care to be used in calculating the disproportionate 996 share payment: 997 (a) The average of the 2012, 2013, and 20142011, 2012, and9982013audited disproportionate share data to determine each 999 hospital’s Medicaid days and charity care for the 2020-2021 10002019-2020state fiscal year. 1001 (b) If the Agency for Health Care Administration does not 1002 have the prescribed 3 years of audited disproportionate share 1003 data as noted in paragraph (a) for a hospital, the agency shall 1004 use the average of the years of the audited disproportionate 1005 share data as noted in paragraph (a) which is available. 1006 (c) In accordance with s. 1923(b) of the Social Security 1007 Act, a hospital with a Medicaid inpatient utilization rate 1008 greater than one standard deviation above the statewide mean or 1009 a hospital with a low-income utilization rate of 25 percent or 1010 greater shall qualify for reimbursement. 1011 (10) Notwithstanding any provision of this section to the 1012 contrary, for the 2020-20212019-2020state fiscal year, the 1013 agency shall distribute moneys to hospitals providing a 1014 disproportionate share of Medicaid or charity care services as 1015 provided in the 2020-20212019-2020General Appropriations Act. 1016 This subsection expires July 1, 20212020. 1017 Section 24. In order to implement Specific Appropriation 1018 208 of the 2020-2021 General Appropriations Act, subsection (3) 1019 of section 409.9113, Florida Statutes, is amended to read: 1020 409.9113 Disproportionate share program for teaching 1021 hospitals.—In addition to the payments made under s. 409.911, 1022 the agency shall make disproportionate share payments to 1023 teaching hospitals, as defined in s. 408.07, for their increased 1024 costs associated with medical education programs and for 1025 tertiary health care services provided to the indigent. This 1026 system of payments must conform to federal requirements and 1027 distribute funds in each fiscal year for which an appropriation 1028 is made by making quarterly Medicaid payments. Notwithstanding 1029 s. 409.915, counties are exempt from contributing toward the 1030 cost of this special reimbursement for hospitals serving a 1031 disproportionate share of low-income patients. The agency shall 1032 distribute the moneys provided in the General Appropriations Act 1033 to statutorily defined teaching hospitals and family practice 1034 teaching hospitals, as defined in s. 395.805, pursuant to this 1035 section. The funds provided for statutorily defined teaching 1036 hospitals shall be distributed as provided in the General 1037 Appropriations Act. The funds provided for family practice 1038 teaching hospitals shall be distributed equally among family 1039 practice teaching hospitals. 1040 (3) Notwithstanding any provision of this section to the 1041 contrary, for the 2020-20212019-2020state fiscal year, the 1042 agency shall make disproportionate share payments to teaching 1043 hospitals, as defined in s. 408.07, as provided in the 2020-2021 10442019-2020General Appropriations Act. This subsection expires 1045 July 1, 20212020. 1046 Section 25. In order to implement Specific Appropriation 1047 208 of the 2020-2021 General Appropriations Act, subsection (4) 1048 of section 409.9119, Florida Statutes, is amended to read: 1049 409.9119 Disproportionate share program for specialty 1050 hospitals for children.—In addition to the payments made under 1051 s. 409.911, the Agency for Health Care Administration shall 1052 develop and implement a system under which disproportionate 1053 share payments are made to those hospitals that are separately 1054 licensed by the state as specialty hospitals for children, have 1055 a federal Centers for Medicare and Medicaid Services 1056 certification number in the 3300-3399 range, have Medicaid days 1057 that exceed 55 percent of their total days and Medicare days 1058 that are less than 5 percent of their total days, and were 1059 licensed on January 1, 2013, as specialty hospitals for 1060 children. This system of payments must conform to federal 1061 requirements and must distribute funds in each fiscal year for 1062 which an appropriation is made by making quarterly Medicaid 1063 payments. Notwithstanding s. 409.915, counties are exempt from 1064 contributing toward the cost of this special reimbursement for 1065 hospitals that serve a disproportionate share of low-income 1066 patients. The agency may make disproportionate share payments to 1067 specialty hospitals for children as provided for in the General 1068 Appropriations Act. 1069 (4) Notwithstanding any provision of this section to the 1070 contrary, for the 2020-20212019-2020state fiscal year, for 1071 hospitals achieving full compliance under subsection (3), the 1072 agency shall make disproportionate share payments to specialty 1073 hospitals for children as provided in the 2020-20212019-20201074 General Appropriations Act. This subsection expires July 1, 2021 10752020. 1076 Section 26. In order to implement Specific Appropriations 1077 201 through 228 of the 2020-2021 General Appropriations Act, and 1078 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1079 Agency for Health Care Administration may submit a budget 1080 amendment, subject to the notice, review, and objection 1081 procedures of s. 216.177, Florida Statutes, to realign funding 1082 within the Medicaid program appropriation categories to address 1083 projected surpluses and deficits within the program and to 1084 maximize the use of state trust funds. A single budget amendment 1085 shall be submitted in the last quarter of the 2020-2021 fiscal 1086 year only. This section expires July 1, 2021. 1087 Section 27. In order to implement Specific Appropriation 1088 406 of the 2020-2021 General Appropriations Act, and subject to 1089 federal approval of the application to be a site for the Program 1090 of All-Inclusive Care for the Elderly, the Agency for Health 1091 Care Administration shall contract with one private health care 1092 organization, the sole member of which is a private, not-for 1093 profit corporation that owns and manages health care 1094 organizations that provide comprehensive long-term care 1095 services, including nursing home, assisted living, independent 1096 housing, home care, adult day care, and care management. This 1097 organization shall provide these services to frail and elderly 1098 persons who reside in Escambia, Okaloosa, and Santa Rosa 1099 Counties. The organization is exempt from the requirements of 1100 chapter 641, Florida Statutes. The agency, in consultation with 1101 the Department of Elderly Affairs and subject to an 1102 appropriation, shall approve up to 200 initial enrollees in the 1103 Program of All-Inclusive Care for the Elderly established by 1104 this organization to serve elderly persons who reside in 1105 Escambia, Okaloosa, and Santa Rosa Counties. This section 1106 expires July 1, 2021. 1107 Section 28. In order to implement Specific Appropriations 1108 181 through 186 and 526 of the 2020-2021 General Appropriations 1109 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1110 Statutes, the Agency for Health Care Administration and the 1111 Department of Health may each submit a budget amendment, subject 1112 to the notice, review, and objection procedures of s. 216.177, 1113 Florida Statutes, to realign funding within the Florida Kidcare 1114 program appropriation categories, or to increase budget 1115 authority in the Children’s Medical Services Network category, 1116 to address projected surpluses and deficits within the program 1117 or to maximize the use of state trust funds. A single budget 1118 amendment must be submitted by each agency in the last quarter 1119 of the 2020-2021 fiscal year only. This section expires July 1, 1120 2021. 1121 Section 29. In order to implement Specific Appropriations 1122 468 through 470, 475, and 482 of the 2020-2021 General 1123 Appropriations Act, subsection (17) of section 381.986, Florida 1124 Statutes, is amended to read: 1125 381.986 Medical use of marijuana.— 1126 (17) Rules adopted pursuant to this section before July 1, 1127 20212020, are not subject to ss. 120.54(3)(b) and 120.541. 1128 Notwithstanding paragraph (8)(e), a medical marijuana treatment 1129 center may use a laboratory that has not been certified by the 1130 department under s. 381.988 until such time as at least one 1131 laboratory holds the required certification pursuant to s. 1132 381.988, but in no event later than July 1, 20212020. This 1133 subsection expires July 1, 20212020. 1134 Section 30. In order to implement Specific Appropriations 1135 468 through 470, 475, and 482 of the 2020-2021 General 1136 Appropriations Act, subsection (11) of section 381.988, Florida 1137 Statutes, is amended to read: 1138 381.988 Medical marijuana testing laboratories; marijuana 1139 tests conducted by a certified laboratory.— 1140 (11) Rules adopted under subsection (9) before July 1, 2021 11412020, are not subject to ss. 120.54(3)(b) and 120.541. This 1142 subsection expires July 1, 20212020. 1143 Section 31. Effective July 1, 2020, upon the expiration and 1144 reversion of the amendments made to subsection (1) of section 14 1145 of chapter 2017-232, Laws of Florida, pursuant to section 42 of 1146 chapter 2019-116, Laws of Florida, and in order to implement 1147 Specific Appropriations 468 through 470, 475, and 482 of the 1148 2020-2021 General Appropriations Act, subsection (1) of section 1149 14 of chapter 2017-232, Laws of Florida, is amended to read: 1150 Section 14. Department of Health; authority to adopt rules; 1151 cause of action.— 1152 (1) EMERGENCY RULEMAKING.— 1153 (a) The Department of Health and the applicable boards 1154 shall adopt emergency rules pursuant to s. 120.54(4), Florida 1155 Statutes, and this section necessary to implement ss. 381.986 1156 and 381.988, Florida Statutes. If an emergency rule adopted 1157 under this section is held to be unconstitutional or an invalid 1158 exercise of delegated legislative authority, and becomes void, 1159 the department or the applicable boards may adopt an emergency 1160 rule pursuant to this section to replace the rule that has 1161 become void. If the emergency rule adopted to replace the void 1162 emergency rule is also held to be unconstitutional or an invalid 1163 exercise of delegated legislative authority and becomes void, 1164 the department and the applicable boards must follow the 1165 nonemergency rulemaking procedures of the Administrative 1166 Procedures Act to replace the rule that has become void. 1167 (b) For emergency rules adopted under this section, the 1168 department and the applicable boards need not make the findings 1169 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 1170 adopted under this section are exempt from ss. 120.54(3)(b) and 1171 120.541, Florida Statutes. The department and the applicable 1172 boards shall meet the procedural requirements in s. 120.54(4)(a) 1173s. 120.54(a), Florida Statutes, if the department or the 1174 applicable boards have, before July 1, 2019the effective date1175of this act, held any public workshops or hearings on the 1176 subject matter of the emergency rules adopted under this 1177 subsection. Challenges to emergency rules adopted under this 1178 subsection are subject to the time schedules provided in s. 1179 120.56(5), Florida Statutes. 1180 (c) Emergency rules adopted under this section are exempt 1181 from s. 120.54(4)(c), Florida Statutes, and shall remain in 1182 effect until replaced by rules adopted under the nonemergency 1183 rulemaking procedures of the Administrative Procedures Act. 1184 Rules adopted under the nonemergency rulemaking procedures of 1185 the Administrative Procedures Act to replace emergency rules 1186 adopted under this section are exempt from ss. 120.54(3)(b) and 1187 120.541, Florida Statutes. By July 1, 2021January 1, 2018, the 1188 department and the applicable boards shall initiate nonemergency 1189 rulemaking pursuant to the Administrative Procedures Act to 1190 replace all emergency rules adopted under this section by 1191 publishing a notice of rule development in the Florida 1192 Administrative Register. Except as provided in paragraph (a), 1193 after July 1, 2021January 1, 2018, the department and 1194 applicable boards may not adopt rules pursuant to the emergency 1195 rulemaking procedures provided in this section. 1196 Section 32. The amendment to s. 14(1) of chapter 2017-232, 1197 Laws of Florida, by this act expires July 1, 2021, and the text 1198 of that subsection shall revert to that in existence on June 30, 1199 2019, except that any amendments to such text enacted other than 1200 by this act shall be preserved and continue to operate to the 1201 extent that such amendments are not dependent upon the portions 1202 of text which expire pursuant to this section. 1203 Section 33. In order to implement Specific Appropriation 1204 195 of the 2020-2021 General Appropriations Act, and 1205 notwithstanding s. 409.902(3)-(8), Florida Statutes: 1206 (1) The Agency for Health Care Administration shall replace 1207 the Medicaid Enterprise System (MES), which includes the Florida 1208 Medicaid Management Information System (FMMIS), enrollment 1209 broker system, third-party liability functionality, pharmacy 1210 benefits management, fraud and abuse case tracking, prior 1211 authorization, home health electronic visit verification, and 1212 the Health Quality Assurance licensure system, with an 1213 integrated enterprise system consisting of a new integration 1214 platform, data warehouse, and modules for Provider Management, 1215 Case Management, and Recipient Enrollment and Management. The 1216 new system, the Florida Health Care Connection (FX) system, must 1217 provide better integration with subsystems supporting Florida’s 1218 Medicaid program; uniformity, consistency, and improved access 1219 to data; and compatibility with the Centers for Medicare and 1220 Medicaid Services’ Medicaid Information Technology Architecture 1221 (MITA) as the system matures and expands its functionality. 1222 (2) For purposes of replacing MES, the Agency for Health 1223 Care Administration shall: 1224 (a) Comply with and not exceed the Centers for Medicare and 1225 Medicaid Services funding authorizations for the FX system. 1226 (b) Ensure compliance and uniformity with published MITA 1227 framework and guidelines. 1228 (c) Ensure that all business requirements and technical 1229 specifications have been provided to the state’s health and 1230 human services agencies for their review and input, and are 1231 approved by the executive steering committee established in 1232 paragraph (e), before the agency contracts for implementation or 1233 system development of new modules for the FX system. 1234 (d) Ensure the new FX system is compatible with and will 1235 seamlessly integrate financial and fiscal information into the 1236 state’s new planning, accounting, and ledger management system, 1237 PALM. 1238 (e) Implement a project governance structure that includes 1239 an executive steering committee composed of: 1240 1. The Secretary of Health Care Administration, or the 1241 executive sponsor of the project. 1242 2. A representative of the Division of Health Quality 1243 Assurance of the Agency for Health Care Administration, 1244 appointed by the Secretary of Health Care Administration. 1245 3. A representative of the Florida Center for Health 1246 Information and Transparency of the Agency for Health Care 1247 Administration, appointed by the Secretary of Health Care 1248 Administration. 1249 4. A representative of the Division of Information 1250 Technology of the Agency for Health Care Administration, 1251 appointed by the Secretary of Health Care Administration. 1252 5. A representative of the Division of Operations of the 1253 Agency for Health Care Administration, appointed by the 1254 Secretary of Health Care Administration. 1255 6. Two employees from the Division of Medicaid of the 1256 Agency for Health Care Administration, appointed by the 1257 Secretary of Health Care Administration. 1258 7. The Assistant Secretary for Child Welfare of the 1259 Department of Children and Families, or his or her designee. 1260 8. The Assistant Secretary for Economic Self-Sufficiency of 1261 the Department of Children and Families, or his or her designee. 1262 9. The Deputy Secretary for Children’s Medical Services of 1263 the Department of Health, or his or her designee. 1264 10. A representative of the Agency for Persons with 1265 Disabilities who has experience with the preparation and 1266 submission of waivers to the Centers for Medicare and Medicaid 1267 Services, appointed by the director of the Agency for Persons 1268 with Disabilities. 1269 11. A representative for the Department of Elderly Affairs 1270 who has experience with the Medicaid Program within that 1271 department, appointed by the Secretary of Elderly Affairs. 1272 12. A representative for the Department of Corrections who 1273 has experience Medicaid reporting within that department, 1274 appointed by the Secretary of Corrections. 1275 13. A representative for the Medicaid Fraud Control Unit 1276 within the Office of the Attorney General, appointed by the 1277 Attorney General. 1278 14. A representative of the Department of Financial 1279 Services who has experience with the state’s financial processes 1280 including development of the PALM system, appointed by the Chief 1281 Financial Officer. 1282 (3) The Secretary of Health Care Administration or the 1283 executive sponsor of the project shall serve as chair of the 1284 executive steering committee, and the committee shall take 1285 action by a vote of at least 10 affirmative votes with the chair 1286 voting on the prevailing side. A quorum of the executive 1287 steering committee consists of at least 11 members. 1288 (4) The executive steering committee has the overall 1289 responsibility for ensuring that the project to replace MES 1290 meets its primary business objectives and shall: 1291 (a) Identify and recommend to the Executive Office of the 1292 Governor, the President of the Senate, and the Speaker of the 1293 House of Representatives any statutory changes needed to 1294 standardize the data collection and reporting for the state’s 1295 Medicaid program. 1296 (b) Review and approve any changes to the project’s scope, 1297 schedule, and budget which do not conflict with the requirements 1298 of subsection (1). 1299 (c) Ensure that adequate resources are provided throughout 1300 all phases of the project. 1301 (d) Approve all major project deliverables. 1302 (e) Approve all solicitation-related documents associated 1303 with the replacement of MES. 1304 (5) This section expires July 1, 2021. 1305 Section 34. In order to implement Specific Appropriations 1306 330, 332, 361, and 362 of the 2020-2021 General Appropriations 1307 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1308 Statutes, the Department of Children and Families may submit a 1309 budget amendment, subject to the notice, review, and objection 1310 procedures of s. 216.177, Florida Statutes, to realign funding 1311 within the department based on the implementation of the 1312 Guardianship Assistance Program, between and among the specific 1313 appropriations for guardianship assistance payments, foster care 1314 Level 1 room and board payments, relative caregiver payments, 1315 and nonrelative caregiver payments. This section expires July 1, 1316 2021. 1317 Section 35. In order to implement Specific Appropriations 1318 330 and 332 of the 2020-2021 General Appropriations Act, the 1319 Department of Children and Families shall establish a formula to 1320 distribute the recurring sums of $10,597,824 from the General 1321 Revenue Fund and $11,922,238 from the Federal Grants Trust Fund 1322 for actual and direct costs to implement the Guardianship 1323 Assistance Program, including Level 1 foster care board 1324 payments, licensing staff for community-based care lead 1325 agencies, and guardianship assistance payments. This section 1326 expires July 1, 2021. 1327 Section 36. In order to implement Specific Appropriations 1328 554 through 560 and 562 of the 2020-2021 General Appropriations 1329 Act, subsection (3) of section 296.37, Florida Statutes, is 1330 amended to read: 1331 296.37 Residents; contribution to support.— 1332 (3) Notwithstanding subsection (1), each resident of the 1333 home who receives a pension, compensation, or gratuity from the 1334 United States Government, or income from any other source, of 1335 more than $130 per month shall contribute to his or her 1336 maintenance and support while a resident of the home in 1337 accordance with a payment schedule determined by the 1338 administrator and approved by the director. The total amount of 1339 such contributions shall be to the fullest extent possible, but, 1340 in no case, shall exceed the actual cost of operating and 1341 maintaining the home. This subsection expires July 1, 20212020. 1342 Section 37. In order to implement Specific Appropriations 1343 353 and 354 of the 2020-2021 General Appropriations Act, and 1344 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1345 Department of Children and Families may submit a budget 1346 amendment, subject to the notice, review, and objection 1347 procedures of s. 216.177, Florida Statutes, to increase budget 1348 authority for the Supplemental Nutrition Assistance Program if 1349 additional federal revenue specific to the program becomes 1350 available for the program in the 2020-2021 fiscal year. This 1351 section expires July 1, 2021. 1352 Section 38. In order to implement Specific Appropriations 1353 312 through 315, 319, 320, 323, 328, 330, and 332 of the 2020 1354 2021 General Appropriations Act, and notwithstanding ss. 216.181 1355 and 216.292, Florida Statutes, the Department of Children and 1356 Families may submit a budget amendment, subject to the notice, 1357 review, and objection procedures of s. 216.177, Florida 1358 Statutes, to realign funding within the Family Safety Program to 1359 maximize the use of Title IV-E and other federal funds. This 1360 section expires July 1, 2021. 1361 Section 39. In order to implement Specific Appropriations 1362 582 through 673 and 685 through 720 of the 2020-2021 General 1363 Appropriations Act, subsection (4) of section 216.262, Florida 1364 Statutes, is amended to read: 1365 216.262 Authorized positions.— 1366 (4) Notwithstanding the provisions of this chapter relating 1367 to increasing the number of authorized positions, and for the 1368 2020-20212019-2020fiscal year only, if the actual inmate 1369 population of the Department of Corrections exceeds the inmate 1370 population projections of the December 17, 2019February 22,13712019, Criminal Justice Estimating Conference by 1 percent for 2 1372 consecutive months or 2 percent for any month, the Executive 1373 Office of the Governor, with the approval of the Legislative 1374 Budget Commission, shall immediately notify the Criminal Justice 1375 Estimating Conference, which shall convene as soon as possible 1376 to revise the estimates. The Department of Corrections may then 1377 submit a budget amendment requesting the establishment of 1378 positions in excess of the number authorized by the Legislature 1379 and additional appropriations from unallocated general revenue 1380 sufficient to provide for essential staff, fixed capital 1381 improvements, and other resources to provide classification, 1382 security, food services, health services, and other variable 1383 expenses within the institutions to accommodate the estimated 1384 increase in the inmate population. All actions taken pursuant to 1385 this subsection are subject to review and approval by the 1386 Legislative Budget Commission. This subsection expires July 1, 1387 20212020. 1388 Section 40. In order to implement Specific Appropriation 1389 707 of the 2020-2021 General Appropriations Act, and upon the 1390 expiration and reversion of the amendments made by section 52 of 1391 chapter 2019-116, Laws of Florida, paragraph (b) of subsection 1392 (8) of section 1011.80, Florida Statutes, is amended to read: 1393 1011.80 Funds for operation of workforce education 1394 programs.— 1395 (8) 1396 (b) State funds provided for the operation of postsecondary 1397 workforce programs may not be expended for the education of 1398 state or federal inmates, except to the extent that such funds 1399 are specifically appropriated for such purpose in the 2020-2021 1400 General Appropriations Actwith more than 24 months of time1401remaining to serve on their sentences or federal inmates. 1402 Section 41. The amendment made to s. 1011.80(8)(b), Florida 1403 Statutes, by this act expires July 1, 2021, and the text of that 1404 paragraph shall revert to that in existence on July 1, 2019, but 1405 not including any amendments made by this act or chapters 2019 1406 116 and 2018-10, Laws of Florida, and any amendments to such 1407 text enacted other than by this act shall be preserved and 1408 continue to operate to the extent that such amendments are not 1409 dependent upon the portions of text which expire pursuant to 1410 this section. 1411 Section 42. In order to implement Specific Appropriations 1412 3187 through 3253 of the 2020-2021 General Appropriations Act, 1413 subsection (2) of section 215.18, Florida Statutes, is amended 1414 to read: 1415 215.18 Transfers between funds; limitation.— 1416 (2) The Chief Justice of the Supreme Court may receive one 1417 or more trust fund loans to ensure that the state court system 1418 has funds sufficient to meet its appropriations in the 2020-2021 14192019-2020General Appropriations Act. If the Chief Justice 1420 accesses the loan, he or she must notify the Governor and the 1421 chairs of the legislative appropriations committees in writing. 1422 The loan must come from other funds in the State Treasury which 1423 are for the time being or otherwise in excess of the amounts 1424 necessary to meet the just requirements of such last-mentioned 1425 funds. The Governor shall order the transfer of funds within 5 1426 days after the written notification from the Chief Justice. If 1427 the Governor does not order the transfer, the Chief Financial 1428 Officer shall transfer the requested funds. The loan of funds 1429 from which any money is temporarily transferred must be repaid 1430 by the end of the 2020-20212019-2020fiscal year. This 1431 subsection expires July 1, 20212020. 1432 Section 43. (1) In order to implement Specific 1433 Appropriations 1120 through 1131 of the 2020-2021 General 1434 Appropriations Act, the Department of Juvenile Justice is 1435 required to review county juvenile detention payments to ensure 1436 that counties fulfill their financial responsibilities required 1437 in s. 985.6865, Florida Statutes. If the Department of Juvenile 1438 Justice determines that a county has not met its obligations, 1439 the department shall direct the Department of Revenue to deduct 1440 the amount owed to the Department of Juvenile Justice from the 1441 funds provided to the county under s. 218.23, Florida Statutes. 1442 The Department of Revenue shall transfer the funds withheld to 1443 the Shared County/State Juvenile Detention Trust Fund. 1444 (2) As an assurance to holders of bonds issued by counties 1445 before July 1, 2020, for which distributions made pursuant to s. 1446 218.23, Florida Statutes, are pledged, or bonds issued to refund 1447 such bonds which mature no later than the bonds they refunded 1448 and which result in a reduction of debt service payable in each 1449 fiscal year, the amount available for distribution to a county 1450 shall remain as provided by law and continue to be subject to 1451 any lien or claim on behalf of the bondholders. The Department 1452 of Revenue must ensure, based on information provided by an 1453 affected county, that any reduction in amounts distributed 1454 pursuant to subsection (1) does not reduce the amount of 1455 distribution to a county below the amount necessary for the 1456 timely payment of principal and interest when due on the bonds 1457 and the amount necessary to comply with any covenant under the 1458 bond resolution or other documents relating to the issuance of 1459 the bonds. If a reduction to a county’s monthly distribution 1460 must be decreased in order to comply with this section, the 1461 Department of Revenue must notify the Department of Juvenile 1462 Justice of the amount of the decrease, and the Department of 1463 Juvenile Justice must send a bill for payment of such amount to 1464 the affected county. 1465 (3) This section expires July 1, 2021. 1466 Section 44. In order to implement Specific Appropriations 1467 731 through 752, 916 through 1062, and 1083 through 1119 of the 1468 2020-2021 General Appropriations Act, and notwithstanding the 1469 expiration date in section 57 of chapter 2019-116, Laws of 1470 Florida, present subsection (11) of section 27.40, Florida 1471 Statutes is renumbered as subsection (12), a new subsection (11) 1472 is added to that section, and subsection (1), paragraph (a) of 1473 subsection (2), paragraph (a) of subsection (3), and subsections 1474 (5), (6), and (7) of that section are reenacted, to read: 1475 27.40 Court-appointed counsel; circuit registries; minimum 1476 requirements; appointment by court.— 1477 (1) Counsel shall be appointed to represent any individual 1478 in a criminal or civil proceeding entitled to court-appointed 1479 counsel under the Federal or State Constitution or as authorized 1480 by general law. The court shall appoint a public defender to 1481 represent indigent persons as authorized in s. 27.51. The office 1482 of criminal conflict and civil regional counsel shall be 1483 appointed to represent persons in those cases in which provision 1484 is made for court-appointed counsel, but only after the public 1485 defender has certified to the court in writing that the public 1486 defender is unable to provide representation due to a conflict 1487 of interest or is not authorized to provide representation. The 1488 public defender shall report, in the aggregate, the specific 1489 basis of all conflicts of interest certified to the court. On a 1490 quarterly basis, the public defender shall submit this 1491 information to the Justice Administrative Commission. 1492 (2)(a) Private counsel shall be appointed to represent 1493 persons in those cases in which provision is made for court 1494 appointed counsel but only after the office of criminal conflict 1495 and civil regional counsel has been appointed and has certified 1496 to the court in writing that the criminal conflict and civil 1497 regional counsel is unable to provide representation due to a 1498 conflict of interest. The criminal conflict and civil regional 1499 counsel shall report, in the aggregate, the specific basis of 1500 all conflicts of interest certified to the court. On a quarterly 1501 basis, the criminal conflict and civil regional counsel shall 1502 submit this information to the Justice Administrative 1503 Commission. 1504 (3) In using a registry: 1505 (a) The chief judge of the circuit shall compile a list of 1506 attorneys in private practice, by county and by category of 1507 cases, and provide the list to the clerk of court in each 1508 county. The chief judge of the circuit may restrict the number 1509 of attorneys on the general registry list. To be included on a 1510 registry, an attorney must certify that he or she: 1511 1. Meets any minimum requirements established by the chief 1512 judge and by general law for court appointment; 1513 2. Is available to represent indigent defendants in cases 1514 requiring court appointment of private counsel; and 1515 3. Is willing to abide by the terms of the contract for 1516 services, s. 27.5304, and this section. 1517 1518 To be included on a registry, an attorney must enter into a 1519 contract for services with the Justice Administrative 1520 Commission. Failure to comply with the terms of the contract for 1521 services may result in termination of the contract and removal 1522 from the registry. Each attorney on the registry is responsible 1523 for notifying the clerk of the court and the Justice 1524 Administrative Commission of any change in his or her status. 1525 Failure to comply with this requirement is cause for termination 1526 of the contract for services and removal from the registry until 1527 the requirement is fulfilled. 1528 (5) The Justice Administrative Commission shall approve 1529 uniform contract forms for use in procuring the services of 1530 private court-appointed counsel and uniform procedures and forms 1531 for use by a court-appointed attorney in support of billing for 1532 attorney’s fees, costs, and related expenses to demonstrate the 1533 attorney’s completion of specified duties. Such uniform 1534 contracts and forms for use in billing must be consistent with 1535 s. 27.5304, s. 216.311, and the General Appropriations Act and 1536 must contain the following statement: “The State of Florida’s 1537 performance and obligation to pay under this contract is 1538 contingent upon an annual appropriation by the Legislature.” 1539 (6) After court appointment, the attorney must immediately 1540 file a notice of appearance with the court indicating acceptance 1541 of the appointment to represent the defendant and of the terms 1542 of the uniform contract as specified in subsection (5). 1543 (7)(a) A private attorney appointed by the court from the 1544 registry to represent a client is entitled to payment as 1545 provided in s. 27.5304 so long as the requirements of subsection 1546 (1) and paragraph (2)(a) are met. An attorney appointed by the 1547 court who is not on the registry list may be compensated under 1548 s. 27.5304 only if the court finds in the order of appointment 1549 that there were no registry attorneys available for 1550 representation for that case and only if the requirements of 1551 subsection (1) and paragraph (2)(a) are met. 1552 (b)1. The flat fee established in s. 27.5304 and the 1553 General Appropriations Act shall be presumed by the court to be 1554 sufficient compensation. The attorney shall maintain appropriate 1555 documentation, including contemporaneous and detailed hourly 1556 accounting of time spent representing the client. If the 1557 attorney fails to maintain such contemporaneous and detailed 1558 hourly records, the attorney waives the right to seek 1559 compensation in excess of the flat fee established in s. 27.5304 1560 and the General Appropriations Act. These records and documents 1561 are subject to review by the Justice Administrative Commission 1562 and audit by the Auditor General, subject to the attorney-client 1563 privilege and work-product privilege. The attorney shall 1564 maintain the records and documents in a manner that enables the 1565 attorney to redact any information subject to a privilege in 1566 order to facilitate the commission’s review of the records and 1567 documents and not to impede such review. The attorney may redact 1568 information from the records and documents only to the extent 1569 necessary to comply with the privilege. The Justice 1570 Administrative Commission shall review such records and shall 1571 contemporaneously document such review before authorizing 1572 payment to an attorney. Objections by or on behalf of the 1573 Justice Administrative Commission to records or documents or to 1574 claims for payment by the attorney shall be presumed correct by 1575 the court unless the court determines, in writing, that 1576 competent and substantial evidence exists to justify overcoming 1577 the presumption. 1578 2. If an attorney fails, refuses, or declines to permit the 1579 commission or the Auditor General to review documentation for a 1580 case as provided in this paragraph, the attorney waives the 1581 right to seek, and the commission may not pay, compensation in 1582 excess of the flat fee established in s. 27.5304 and the General 1583 Appropriations Act for that case. 1584 3. A finding by the commission that an attorney has waived 1585 the right to seek compensation in excess of the flat fee 1586 established in s. 27.5304 and the General Appropriations Act, as 1587 provided in this paragraph, shall be presumed to be correct, 1588 unless the court determines, in writing, that competent and 1589 substantial evidence exists to justify overcoming the 1590 presumption. 1591 (11)(a) The Cross-Jurisdictional Death Penalty Pilot 1592 Program is established within the Office of Criminal Conflict 1593 and Civil Regional Counsel of the Second Appellate District. 1594 (b) If the public defender for the Fifth Judicial Circuit 1595 or the Ninth Judicial Circuit is unable to provide 1596 representation to an indigent defendant charged with a crime 1597 under s. 782.04(1) or s. 790.161(4) to which the provisions of 1598 s. 921.141 apply due to a conflict of interest and the Criminal 1599 Conflict and Civil Regional Counsel of the Fifth Appellate 1600 District is also unable to provide representation for an 1601 indigent defendant due to a conflict of interest, the Criminal 1602 Conflict and Civil Regional Counsel of the Second Appellate 1603 District shall be appointed. If the Criminal Conflict and Civil 1604 Regional Counsel of the Second Appellate District is unable to 1605 provide representation to an indigent defendant due to a 1606 conflict of interest, private counsel shall be appointed as 1607 provided pursuant to this chapter. 1608 (c) The Office of Criminal Conflict and Civil Regional 1609 Counsel of the Second Appellate District shall provide a report 1610 on the implementation of the Cross-Jurisdictional Death Penalty 1611 Pilot Program to the Governor and the chairs of the 1612 appropriations committees of the Senate and House of 1613 Representatives no later than 30 days after the end of each 1614 calendar quarter. The reports must include the number of cases 1615 retained, the number of cases conflicted, the estimated cost 1616 savings of the program, and any recommendations to improve the 1617 program. The Justice Administrative Commission shall provide 1618 data to assist with the program. 1619 (d) This subsection expires June 30, 2021. Notwithstanding 1620 the expiration of this subsection, appointments made pursuant to 1621 this section before June 30, 2021, shall continue until 1622 completion of the case. 1623 Section 45. In order to implement Specific Appropriations 1624 731 through 752, 916 through 1062, and 1083 through 1119 of the 1625 2020-2021 General Appropriations Act, and notwithstanding the 1626 expiration date in section 59 of chapter 2019-116, Laws of 1627 Florida, subsections (1), (3), (7), and (11), and paragraphs (a) 1628 through (e) of subsection (12) of section 27.5304, Florida 1629 Statutes, are reenacted, and subsection (13) of that section is 1630 amended, to read: 1631 27.5304 Private court-appointed counsel; compensation; 1632 notice.— 1633 (1) Private court-appointed counsel appointed in the manner 1634 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the 1635 Justice Administrative Commission only as provided in this 1636 section and the General Appropriations Act. The flat fees 1637 prescribed in this section are limitations on compensation. The 1638 specific flat fee amounts for compensation shall be established 1639 annually in the General Appropriations Act. The attorney also 1640 shall be reimbursed for reasonable and necessary expenses in 1641 accordance with s. 29.007. If the attorney is representing a 1642 defendant charged with more than one offense in the same case, 1643 the attorney shall be compensated at the rate provided for the 1644 most serious offense for which he or she represented the 1645 defendant. This section does not allow stacking of the fee 1646 limits established by this section. 1647 (3) The court retains primary authority and responsibility 1648 for determining the reasonableness of all billings for attorney 1649 fees, costs, and related expenses, subject to statutory 1650 limitations and the requirements of s. 27.40(7). Private court 1651 appointed counsel is entitled to compensation upon final 1652 disposition of a case. 1653 (7) Counsel eligible to receive compensation from the state 1654 for representation pursuant to court appointment made in 1655 accordance with the requirements of s. 27.40(1) and (2)(a) in a 1656 proceeding under chapter 384, chapter 390, chapter 392, chapter 1657 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter 1658 744, or chapter 984 shall receive compensation not to exceed the 1659 limits prescribed in the General Appropriations Act. Any such 1660 compensation must be determined as provided in s. 27.40(7). 1661 (11) It is the intent of the Legislature that the flat fees 1662 prescribed under this section and the General Appropriations Act 1663 comprise the full and complete compensation for private court 1664 appointed counsel. It is further the intent of the Legislature 1665 that the fees in this section are prescribed for the purpose of 1666 providing counsel with notice of the limit on the amount of 1667 compensation for representation in particular proceedings and 1668 the sole procedure and requirements for obtaining payment for 1669 the same. 1670 (a) If court-appointed counsel moves to withdraw prior to 1671 the full performance of his or her duties through the completion 1672 of the case, the court shall presume that the attorney is not 1673 entitled to the payment of the full flat fee established under 1674 this section and the General Appropriations Act. 1675 (b) If court-appointed counsel is allowed to withdraw from 1676 representation prior to the full performance of his or her 1677 duties through the completion of the case and the court appoints 1678 a subsequent attorney, the total compensation for the initial 1679 and any and all subsequent attorneys may not exceed the flat fee 1680 established under this section and the General Appropriations 1681 Act, except as provided in subsection (12). 1682 1683 This subsection constitutes notice to any subsequently appointed 1684 attorney that he or she will not be compensated the full flat 1685 fee. 1686 (12) The Legislature recognizes that on rare occasions an 1687 attorney may receive a case that requires extraordinary and 1688 unusual effort. 1689 (a) If counsel seeks compensation that exceeds the limits 1690 prescribed by law, he or she must file a motion with the chief 1691 judge for an order approving payment of attorney fees in excess 1692 of these limits. 1693 1. Before filing the motion, the counsel shall deliver a 1694 copy of the intended billing, together with supporting 1695 affidavits and all other necessary documentation, to the Justice 1696 Administrative Commission. 1697 2. The Justice Administrative Commission shall review the 1698 billings, affidavit, and documentation for completeness and 1699 compliance with contractual and statutory requirements and shall 1700 contemporaneously document such review before authorizing 1701 payment to an attorney. If the Justice Administrative Commission 1702 objects to any portion of the proposed billing, the objection 1703 and supporting reasons must be communicated in writing to the 1704 private court-appointed counsel. The counsel may thereafter file 1705 his or her motion, which must specify whether the commission 1706 objects to any portion of the billing or the sufficiency of 1707 documentation, and shall attach the commission’s letter stating 1708 its objection. 1709 (b) Following receipt of the motion to exceed the fee 1710 limits, the chief judge or a single designee shall hold an 1711 evidentiary hearing. The chief judge may select only one judge 1712 per circuit to hear and determine motions pursuant to this 1713 subsection, except multicounty circuits and the eleventh circuit 1714 may have up to two designees. 1715 1. At the hearing, the attorney seeking compensation must 1716 prove by competent and substantial evidence that the case 1717 required extraordinary and unusual efforts. The chief judge or 1718 single designee shall consider criteria such as the number of 1719 witnesses, the complexity of the factual and legal issues, and 1720 the length of trial. The fact that a trial was conducted in a 1721 case does not, by itself, constitute competent substantial 1722 evidence of an extraordinary and unusual effort. In a criminal 1723 case, relief under this section may not be granted if the number 1724 of work hours does not exceed 75 or the number of the state’s 1725 witnesses deposed does not exceed 20. 1726 2. Objections by or on behalf of the Justice Administrative 1727 Commission to records or documents or to claims for payment by 1728 the attorney shall be presumed correct by the court unless the 1729 court determines, in writing, that competent and substantial 1730 evidence exists to justify overcoming the presumption. The chief 1731 judge or single designee shall enter a written order detailing 1732 his or her findings and identifying the extraordinary nature of 1733 the time and efforts of the attorney in the case which warrant 1734 exceeding the flat fee established by this section and the 1735 General Appropriations Act. 1736 (c) A copy of the motion and attachments shall be served on 1737 the Justice Administrative Commission at least 20 business days 1738 before the date of a hearing. The Justice Administrative 1739 Commission has standing to appear before the court, and may 1740 appear in person or telephonically, including at the hearing 1741 under paragraph (b), to contest any motion for an order 1742 approving payment of attorney fees, costs, or related expenses 1743 and may participate in a hearing on the motion by use of 1744 telephonic or other communication equipment. The Justice 1745 Administrative Commission may contract with other public or 1746 private entities or individuals to appear before the court for 1747 the purpose of contesting any motion for an order approving 1748 payment of attorney fees, costs, or related expenses. The fact 1749 that the Justice Administrative Commission has not objected to 1750 any portion of the billing or to the sufficiency of the 1751 documentation is not binding on the court. 1752 (d) If the chief judge or a single designee finds that 1753 counsel has proved by competent and substantial evidence that 1754 the case required extraordinary and unusual efforts, the chief 1755 judge or single designee shall order the compensation to be paid 1756 to the attorney at a percentage above the flat fee rate, 1757 depending on the extent of the unusual and extraordinary effort 1758 required. The percentage must be only the rate necessary to 1759 ensure that the fees paid are not confiscatory under common law. 1760 The percentage may not exceed 200 percent of the established 1761 flat fee, absent a specific finding that 200 percent of the flat 1762 fee in the case would be confiscatory. If the chief judge or 1763 single designee determines that 200 percent of the flat fee 1764 would be confiscatory, he or she shall order the amount of 1765 compensation using an hourly rate not to exceed $75 per hour for 1766 a noncapital case and $100 per hour for a capital case. However, 1767 the compensation calculated by using the hourly rate shall be 1768 only that amount necessary to ensure that the total fees paid 1769 are not confiscatory, subject to the requirements of s. 1770 27.40(7). 1771 (e) Any order granting relief under this subsection must be 1772 attached to the final request for a payment submitted to the 1773 Justice Administrative Commission and must satisfy the 1774 requirements of subparagraph (b)2. 1775 (13) Notwithstanding the limitation set forth in subsection 1776 (5) and for the 2020-20212019-2020fiscal year only, the 1777 compensation for representation in a criminal proceeding may not 1778 exceed the following: 1779 (a) For misdemeanors and juveniles represented at the trial 1780 level: $1,000. 1781 (b) For noncapital, nonlife felonies represented at the 1782 trial level: $15,000. 1783 (c) For life felonies represented at the trial level: 1784 $15,000. 1785 (d) For capital cases represented at the trial level: 1786 $25,000. For purposes of this paragraph, a “capital case” is any 1787 offense for which the potential sentence is death and the state 1788 has not waived seeking the death penalty. 1789 (e) For representation on appeal: $9,000. 1790 (f) This subsection expires July 1, 20212020. 1791 Section 46. The amendments to s. 27.40(1), (2)(a), (3)(a), 1792 (5), (6), and (7), Florida Statutes, and 27.5304(1), (3), (7), 1793 (11), and (12)(a)-(e), Florida Statutes, as carried forward from 1794 chapter 2019-116, Laws of Florida, by this act, expire July 1, 1795 2021, and the text of those subsections and paragraphs, as 1796 applicable, shall revert to that in existence on June 30, 2019, 1797 except that any amendments to such text enacted other than by 1798 this act shall be preserved and continue to operate to the 1799 extent that such amendments are not dependent upon the portions 1800 of text which expire pursuant to this section. 1801 Section 47. In order to implement Specific Appropriation 1802 736 of the 2020-2021 General Appropriations Act, and 1803 notwithstanding s. 28.35, Florida Statutes, the clerks of the 1804 circuit court are responsible for any costs of compensation to 1805 jurors, for meals or lodging provided to jurors, and for jury 1806 related personnel costs that exceed the funding provided in the 1807 General Appropriations Act for these purposes. This section 1808 expires July 1, 2021. 1809 Section 48. In order to implement Specific Appropriations 1810 916 through 1062 of the 2020-2021 General Appropriations Act, 1811 and notwithstanding the expiration date in section 63 of chapter 1812 2019-116, Laws of Florida, paragraph (c) of subsection (19) of 1813 section 318.18, Florida Statutes, is reenacted to read: 1814 318.18 Amount of penalties.—The penalties required for a 1815 noncriminal disposition pursuant to s. 318.14 or a criminal 1816 offense listed in s. 318.17 are as follows: 1817 (19) In addition to any penalties imposed, an Article V 1818 assessment of $10 must be paid for all noncriminal moving and 1819 nonmoving violations under chapters 316, 320, and 322. The 1820 assessment is not revenue for purposes of s. 28.36 and may not 1821 be used in establishing the budget of the clerk of the court 1822 under that section or s. 28.35. Of the funds collected under 1823 this subsection: 1824 (c) The sum of $1.67 shall be deposited in the Indigent 1825 Criminal Defense Trust Fund for use by the public defenders. 1826 Section 49. In order to implement Specific Appropriations 1827 916 through 1062 of the 2020-2021 General Appropriations Act, 1828 and notwithstanding the expiration date in section 63 of chapter 1829 2019-116, Laws of Florida, paragraph (b) of subsection (12) of 1830 section 817.568, Florida Statutes, is reenacted to read: 1831 817.568 Criminal use of personal identification 1832 information.— 1833 (12) In addition to any sanction imposed when a person 1834 pleads guilty or nolo contendere to, or is found guilty of, 1835 regardless of adjudication, a violation of this section, the 1836 court shall impose a surcharge of $1,001. 1837 (b) The sum of $250 of the surcharge shall be deposited 1838 into the State Attorneys Revenue Trust Fund for the purpose of 1839 funding prosecutions of offenses relating to the criminal use of 1840 personal identification information. The sum of $250 of the 1841 surcharge shall be deposited into the Indigent Criminal Defense 1842 Trust Fund for the purposes of indigent criminal defense related 1843 to the criminal use of personal identification information. 1844 Section 50. The text of ss. 318.18(19)(c) and 1845 817.568(12)(b), Florida Statutes, as carried forward from 1846 chapter 2018-10, Laws of Florida, by this act, expires July 1, 1847 2021, and the text of those paragraphs shall revert to that in 1848 existence on June 30, 2018, except that any amendments to such 1849 text enacted other than by this act shall be preserved and 1850 continue to operate to the extent that such amendments are not 1851 dependent upon the portions of text which expire pursuant to 1852 this section. 1853 Section 51. In order to implement appropriations used to 1854 pay existing lease contracts for private lease space in excess 1855 of 2,000 square feet in the 2020-2021 General Appropriations 1856 Act, the Department of Management Services, with the cooperation 1857 of the agencies having the existing lease contracts for office 1858 or storage space, shall use tenant broker services to 1859 renegotiate or reprocure all private lease agreements for office 1860 or storage space expiring between July 1, 2021, and June 30, 1861 2023, in order to reduce costs in future years. The department 1862 shall incorporate this initiative into its 2020 master leasing 1863 report required under s. 255.249(7), Florida Statutes, and may 1864 use tenant broker services to explore the possibilities of 1865 colocating office or storage space, to review the space needs of 1866 each agency, and to review the length and terms of potential 1867 renewals or renegotiations. The department shall provide a 1868 report to the Executive Office of the Governor, the President of 1869 the Senate, and the Speaker of the House of Representatives by 1870 November 1, 2020, which lists each lease contract for private 1871 office or storage space, the status of renegotiations, and the 1872 savings achieved. This section expires July 1, 2021. 1873 Section 52. In order to implement appropriations authorized 1874 in the 2020-2021 General Appropriations Act for data center 1875 services, and notwithstanding s. 216.292(2)(a), Florida 1876 Statutes, an agency may not transfer funds from a data 1877 processing category to a category other than another data 1878 processing category. This section expires July 1, 2021. 1879 Section 53. In order to implement the appropriation of 1880 funds in the appropriation category “Data Processing Assessment 1881 Department of Management Services” in the 2020-2021 General 1882 Appropriations Act, and pursuant to the notice, review, and 1883 objection procedures of s. 216.177, Florida Statutes, the 1884 Executive Office of the Governor may transfer funds appropriated 1885 in that category between departments in order to align the 1886 budget authority granted based on the estimated billing cycle 1887 and methodology used by the Department of Management Services 1888 for data processing services provided. This section expires July 1889 1, 2021. 1890 Section 54. In order to implement the appropriation of 1891 funds in the appropriation category “Special Categories-Risk 1892 Management Insurance” in the 2020-2021 General Appropriations 1893 Act, and pursuant to the notice, review, and objection 1894 procedures of s. 216.177, Florida Statutes, the Executive Office 1895 of the Governor may transfer funds appropriated in that category 1896 between departments in order to align the budget authority 1897 granted with the premiums paid by each department for risk 1898 management insurance. This section expires July 1, 2021. 1899 Section 55. In order to implement the appropriation of 1900 funds in the appropriation category “Special Categories-Transfer 1901 to Department of Management Services-Human Resources Services 1902 Purchased per Statewide Contract” in the 2020-2021 General 1903 Appropriations Act, and pursuant to the notice, review, and 1904 objection procedures of s. 216.177, Florida Statutes, the 1905 Executive Office of the Governor may transfer funds appropriated 1906 in that category between departments in order to align the 1907 budget authority granted with the assessments that must be paid 1908 by each agency to the Department of Management Services for 1909 human resource management services. This section expires July 1, 1910 2021. 1911 Section 56. In order to implement Specific Appropriations 1912 2388 through 2391 of the 2020-2021 General Appropriations Act: 1913 (1) The Department of Financial Services shall replace the 1914 four main components of the Florida Accounting Information 1915 Resource Subsystem (FLAIR), which include central FLAIR, 1916 departmental FLAIR, payroll, and information warehouse, and 1917 shall replace the cash management and accounting management 1918 components of the Cash Management Subsystem (CMS) with an 1919 integrated enterprise system that allows the state to organize, 1920 define, and standardize its financial management business 1921 processes and that complies with ss. 215.90-215.96, Florida 1922 Statutes. The department may not include in the replacement of 1923 FLAIR and CMS: 1924 (a) Functionality that duplicates any of the other 1925 information subsystems of the Florida Financial Management 1926 Information System; or 1927 (b) Agency business processes related to any of the 1928 functions included in the Personnel Information System, the 1929 Purchasing Subsystem, or the Legislative Appropriations 1930 System/Planning and Budgeting Subsystem. 1931 (2) For purposes of replacing FLAIR and CMS, the Department 1932 of Financial Services shall: 1933 (a) Take into consideration the cost and implementation 1934 data identified for Option 3 as recommended in the March 31, 1935 2014, Florida Department of Financial Services FLAIR Study, 1936 version 031. 1937 (b) Ensure that all business requirements and technical 1938 specifications have been provided to all state agencies for 1939 their review and input and approved by the executive steering 1940 committee established in paragraph (c). 1941 (c) Implement a project governance structure that includes 1942 an executive steering committee composed of: 1943 1. The Chief Financial Officer or the executive sponsor of 1944 the project. 1945 2. A representative of the Division of Treasury of the 1946 Department of Financial Services, appointed by the Chief 1947 Financial Officer. 1948 3. A representative of the Division of Information Systems 1949 of the Department of Financial Services, appointed by the Chief 1950 Financial Officer. 1951 4. Four employees from the Division of Accounting and 1952 Auditing of the Department of Financial Services, appointed by 1953 the Chief Financial Officer. Each employee must have experience 1954 relating to at least one of the four main components that 1955 comprise FLAIR. 1956 5. Two employees from the Executive Office of the Governor, 1957 appointed by the Governor. One employee must have experience 1958 relating to the Legislative Appropriations System/Planning and 1959 Budgeting Subsystem. 1960 6. One employee from the Department of Revenue, appointed 1961 by the executive director, who has experience relating to the 1962 department’s SUNTAX system. 1963 7. Two employees from the Department of Management 1964 Services, appointed by the Secretary of Management Services. One 1965 employee must have experience relating to the department’s 1966 personnel information subsystem, and one employee must have 1967 experience relating to the department’s purchasing subsystem. 1968 8. Three state agency administrative services directors, 1969 appointed by the Governor. One director must represent a 1970 regulatory and licensing state agency, and one director must 1971 represent a healthcare-related state agency. 1972 (3) The Chief Financial Officer or the executive sponsor of 1973 the project shall serve as chair of the executive steering 1974 committee, and the committee shall take action by a vote of at 1975 least eight affirmative votes with the Chief Financial Officer 1976 or the executive sponsor of the project voting on the prevailing 1977 side. A quorum of the executive steering committee consists of 1978 at least 10 members. 1979 (4) The executive steering committee has the overall 1980 responsibility for ensuring that the project to replace FLAIR 1981 and CMS meets its primary business objectives and shall: 1982 (a) Identify and recommend to the Executive Office of the 1983 Governor, the President of the Senate, and the Speaker of the 1984 House of Representatives any statutory changes needed to 1985 implement the replacement subsystem that will standardize, to 1986 the fullest extent possible, the state’s financial management 1987 business processes. 1988 (b) Review and approve any changes to the project’s scope, 1989 schedule, and budget which do not conflict with the requirements 1990 of subsection (1). 1991 (c) Ensure that adequate resources are provided throughout 1992 all phases of the project. 1993 (d) Approve all major project deliverables. 1994 (e) Approve all solicitation-related documents associated 1995 with the replacement of FLAIR and CMS. 1996 (5) This section expires July 1, 2021. 1997 Section 57. In order to implement Specific Appropriation 1998 1633 of the 2020-2021 General Appropriations Act, paragraph (d) 1999 of subsection (11) of section 216.181, Florida Statutes, is 2000 amended to read: 2001 216.181 Approved budgets for operations and fixed capital 2002 outlay.— 2003 (11) 2004 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and 2005 for the 2020-20212019-2020fiscal year only, the Legislative 2006 Budget Commission may increase the amounts appropriated to the 2007 Fish and Wildlife Conservation Commission or the Department of 2008 Environmental Protection for fixed capital outlay projects, 2009 including additional fixed capital outlay projects, using funds 2010 provided to the state from the Gulf Environmental Benefit Fund 2011 administered by the National Fish and Wildlife Foundation; funds 2012 provided to the state from the Gulf Coast Restoration Trust Fund 2013 related to the Resources and Ecosystems Sustainability, Tourist 2014 Opportunities, and Revived Economies of the Gulf Coast Act of 2015 2012 (RESTORE Act); or funds provided by the British Petroleum 2016 Corporation (BP) for natural resource damage assessment 2017 restoration projects. Concurrent with submission of an amendment 2018 to the Legislative Budget Commission pursuant to this paragraph, 2019 any project that carries a continuing commitment for future 2020 appropriations by the Legislature must be specifically 2021 identified, together with the projected amount of the future 2022 commitment associated with the project and the fiscal years in 2023 which the commitment is expected to commence. This paragraph 2024 expires July 1, 20212020. 2025 2026 The provisions of this subsection are subject to the notice and 2027 objection procedures set forth in s. 216.177. 2028 Section 58. In order to implement specific appropriations 2029 from the land acquisition trust funds within the Department of 2030 Agriculture and Consumer Services, the Department of 2031 Environmental Protection, the Department of State, and the Fish 2032 and Wildlife Conservation Commission, which are contained in the 2033 2020-2021 General Appropriations Act, subsection (3) of section 2034 215.18, Florida Statutes, is amended to read: 2035 215.18 Transfers between funds; limitation.— 2036 (3) Notwithstanding subsection (1) and only with respect to 2037 a land acquisition trust fund in the Department of Agriculture 2038 and Consumer Services, the Department of Environmental 2039 Protection, the Department of State, or the Fish and Wildlife 2040 Conservation Commission, whenever there is a deficiency in a 2041 land acquisition trust fund which would render that trust fund 2042 temporarily insufficient to meet its just requirements, 2043 including the timely payment of appropriations from that trust 2044 fund, and other trust funds in the State Treasury have moneys 2045 that are for the time being or otherwise in excess of the 2046 amounts necessary to meet the just requirements, including 2047 appropriated obligations, of those other trust funds, the 2048 Governor may order a temporary transfer of moneys from one or 2049 more of the other trust funds to a land acquisition trust fund 2050 in the Department of Agriculture and Consumer Services, the 2051 Department of Environmental Protection, the Department of State, 2052 or the Fish and Wildlife Conservation Commission. Any action 2053 proposed pursuant to this subsection is subject to the notice, 2054 review, and objection procedures of s. 216.177, and the Governor 2055 shall provide notice of such action at least 7 days before the 2056 effective date of the transfer of trust funds, except that 2057 during July 20202019, notice of such action shall be provided 2058 at least 3 days before the effective date of a transfer unless 2059 such 3-day notice is waived by the chair and vice-chair of the 2060 Legislative Budget Commission. Any transfer of trust funds to a 2061 land acquisition trust fund in the Department of Agriculture and 2062 Consumer Services, the Department of Environmental Protection, 2063 the Department of State, or the Fish and Wildlife Conservation 2064 Commission must be repaid to the trust funds from which the 2065 moneys were loaned by the end of the 2020-20212019-2020fiscal 2066 year. The Legislature has determined that the repayment of the 2067 other trust fund moneys temporarily loaned to a land acquisition 2068 trust fund in the Department of Agriculture and Consumer 2069 Services, the Department of Environmental Protection, the 2070 Department of State, or the Fish and Wildlife Conservation 2071 Commission pursuant to this subsection is an allowable use of 2072 the moneys in a land acquisition trust fund because the moneys 2073 from other trust funds temporarily loaned to a land acquisition 2074 trust fund shall be expended solely and exclusively in 2075 accordance with s. 28, Art. X of the State Constitution. This 2076 subsection expires July 1, 20212020. 2077 Section 59. (1) In order to implement specific 2078 appropriations from the land acquisition trust funds within the 2079 Department of Agriculture and Consumer Services, the Department 2080 of Environmental Protection, the Department of State, and the 2081 Fish and Wildlife Conservation Commission, which are contained 2082 in the 2020-2021 General Appropriations Act, the Department of 2083 Environmental Protection shall transfer revenues from the Land 2084 Acquisition Trust Fund within the department to the land 2085 acquisition trust funds within the Department of Agriculture and 2086 Consumer Services, the Department of State, and the Fish and 2087 Wildlife Conservation Commission, as provided in this section. 2088 As used in this section, the term “department” means the 2089 Department of Environmental Protection. 2090 (2) After subtracting any required debt service payments, 2091 the proportionate share of revenues to be transferred to each 2092 land acquisition trust fund shall be calculated by dividing the 2093 appropriations from each of the land acquisition trust funds for 2094 the fiscal year by the total appropriations from the Land 2095 Acquisition Trust Fund within the department and the land 2096 acquisition trust funds within the Department of Agriculture and 2097 Consumer Services, the Department of State, and the Fish and 2098 Wildlife Conservation Commission for the fiscal year. The 2099 department shall transfer the proportionate share of the 2100 revenues in the Land Acquisition Trust Fund within the 2101 department on a monthly basis to the appropriate land 2102 acquisition trust funds within the Department of Agriculture and 2103 Consumer Services, the Department of State, and the Fish and 2104 Wildlife Conservation Commission and shall retain its 2105 proportionate share of the revenues in the Land Acquisition 2106 Trust Fund within the department. Total distributions to a land 2107 acquisition trust fund within the Department of Agriculture and 2108 Consumer Services, the Department of State, and the Fish and 2109 Wildlife Conservation Commission may not exceed the total 2110 appropriations from such trust fund for the fiscal year. 2111 (3) In addition, the department shall transfer from the 2112 Land Acquisition Trust Fund to land acquisition trust funds 2113 within the Department of Agriculture and Consumer Services, the 2114 Department of State, and the Fish and Wildlife Conservation 2115 Commission amounts equal to the difference between the amounts 2116 appropriated in chapter 2019-115, Laws of Florida, to the 2117 department’s Land Acquisition Trust Fund and the other land 2118 acquisition trust funds, and the amounts actually transferred 2119 between those trust funds during the 2019-2020 fiscal year. 2120 (4) The department may advance funds from the beginning 2121 unobligated fund balance in the Land Acquisition Trust Fund to 2122 the Land Acquisition Trust Fund within the Fish and Wildlife 2123 Conservation Commission needed for cash flow purposes based on a 2124 detailed expenditure plan. The department shall prorate amounts 2125 transferred quarterly to the Fish and Wildlife Conservation 2126 Commission to recoup the amount of funds advanced by June 30, 2127 2021. 2128 (5) This section expires July 1, 2021. 2129 Section 60. In order to implement Specific Appropriation 2130 1763 of the 2020-2021 General Appropriations Act, paragraph (e) 2131 of subsection (11) of section 216.181, Florida Statutes, is 2132 amended to read: 2133 216.181 Approved budgets for operations and fixed capital 2134 outlay.— 2135 (11) 2136 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and 2137 for the 2020-20212019-2020fiscal year only, the Legislative 2138 Budget Commission may increase the amounts appropriated to the 2139 Department of Environmental Protection for fixed capital outlay 2140 projects using funds provided to the state from the 2141 environmental mitigation trust administered by a trustee 2142 designated by the United States District Court for the Northern 2143 District of California for eligible mitigation actions and 2144 mitigation action expenditures described in the partial consent 2145 decree entered into between the United States of America and 2146 Volkswagen relating to violations of the Clean Air Act. 2147 Concurrent with submission of an amendment to the Legislative 2148 Budget Commission pursuant to this paragraph, any project that 2149 carries a continuing commitment for future appropriations by the 2150 Legislature must be specifically identified, together with the 2151 projected amount of the future commitment associated with the 2152 project and the fiscal years in which the commitment is expected 2153 to commence. This paragraph expires July 1, 20212020. 2154 2155 The provisions of this subsection are subject to the notice and 2156 objection procedures set forth in s. 216.177. 2157 Section 61. In order to implement Specific Appropriation 2158 1443 through 1452 of the 2020-2021 General Appropriations Act, 2159 subsection (4) of section 570.441, Florida Statutes, is amended 2160 to read: 2161 570.441 Pest Control Trust Fund.— 2162 (4) In addition to the uses authorized under subsection 2163 (2), moneys collected or received by the department under 2164 chapter 482 may be used to carry out the provisions of s. 2165 570.44. This subsection expires June 30, 20212020. 2166 Section 62. In order to implement Specific Appropriation 2167 1380 of the 2020-2021 General Appropriations Act, and 2168 notwithstanding the expiration date in section 91 of chapter 2169 2019-116, Laws of Florida, paragraph (a) of subsection (1) of 2170 section 570.93, Florida Statutes, is reenacted to read: 2171 570.93 Department of Agriculture and Consumer Services; 2172 agricultural water conservation and agricultural water supply 2173 planning.— 2174 (1) The department shall establish an agricultural water 2175 conservation program that includes the following: 2176 (a) A cost-share program, coordinated with the United 2177 States Department of Agriculture and other federal, state, 2178 regional, and local agencies when appropriate, for irrigation 2179 system retrofit and application of mobile irrigation laboratory 2180 evaluations, and for water conservation and water quality 2181 improvement pursuant to s. 403.067(7)(c). 2182 Section 63. The amendment to s. 570.93(1)(a), Florida 2183 Statutes, as carried forward from chapter 2019-116, Laws of 2184 Florida, by this act, expires July 1, 2021, and the text of that 2185 paragraph shall revert to that in existence on June 30, 2019, 2186 except that any amendments to such text enacted other than by 2187 this act shall be preserved and continue to operate to the 2188 extent that such amendments are not dependent upon the portions 2189 of text which expire pursuant to this section. 2190 Section 64. In order to implement Specific Appropriation 2191 1728 of the 2020-2021 General Appropriations Act, paragraph (m) 2192 of subsection (3) of section 259.105, Florida Statutes, is 2193 amended to read: 2194 259.105 The Florida Forever Act.— 2195 (3) Less the costs of issuing and the costs of funding 2196 reserve accounts and other costs associated with bonds, the 2197 proceeds of cash payments or bonds issued pursuant to this 2198 section shall be deposited into the Florida Forever Trust Fund 2199 created by s. 259.1051. The proceeds shall be distributed by the 2200 Department of Environmental Protection in the following manner: 2201 (m) Notwithstanding paragraphs (a)-(j) and for the 2020 2202 20212019-2020fiscal year, the amount of $6$33million to only 2203the Division of State Lands withinthe Department of 2204 Environmental Protection for grants pursuant to s. 375.075the2205Board of Trustees Florida Forever Priority List land acquisition2206projects. This paragraph expires July 1, 20212020. 2207 Section 65. In order to implement appropriations from the 2208 Land Acquisition Trust Fund within the Department of 2209 Environmental Protection, paragraph (b) of subsection (3) of 2210 section 375.041, Florida Statutes, is amended to read: 2211 375.041 Land Acquisition Trust Fund.— 2212 (3) Funds distributed into the Land Acquisition Trust Fund 2213 pursuant to s. 201.15 shall be applied: 2214 (b) Of the funds remaining after the payments required 2215 under paragraph (a), but before funds may be appropriated, 2216 pledged, or dedicated for other uses: 2217 1. A minimum of the lesser of 25 percent or $200 million 2218 shall be appropriated annually for Everglades projects that 2219 implement the Comprehensive Everglades Restoration Plan as set 2220 forth in s. 373.470, including the Central Everglades Planning 2221 Project subject to Congressional authorization; the Long-Term 2222 Plan as defined in s. 373.4592(2); and the Northern Everglades 2223 and Estuaries Protection Program as set forth in s. 373.4595. 2224 From these funds, $32 million shall be distributed each fiscal 2225 year through the 2023-2024 fiscal year to the South Florida 2226 Water Management District for the Long-Term Plan as defined in 2227 s. 373.4592(2). After deducting the $32 million distributed 2228 under this subparagraph, from the funds remaining, a minimum of 2229 the lesser of 76.5 percent or $100 million shall be appropriated 2230 each fiscal year through the 2025-2026 fiscal year for the 2231 planning, design, engineering, and construction of the 2232 Comprehensive Everglades Restoration Plan as set forth in s. 2233 373.470, including the Central Everglades Planning Project, the 2234 Everglades Agricultural Area Storage Reservoir Project, the Lake 2235 Okeechobee Watershed Project, the C-43 West Basin Storage 2236 Reservoir Project, the Indian River Lagoon-South Project, the 2237 Western Everglades Restoration Project, and the Picayune Strand 2238 Restoration Project. The Department of Environmental Protection 2239 and the South Florida Water Management District shall give 2240 preference to those Everglades restoration projects that reduce 2241 harmful discharges of water from Lake Okeechobee to the St. 2242 Lucie or Caloosahatchee estuaries in a timely manner. For the 2243 purpose of performing the calculation provided in this 2244 subparagraph, the amount of debt service paid pursuant to 2245 paragraph (a) for bonds issued after July 1, 2016, for the 2246 purposes set forth under paragraph (b) shall be added to the 2247 amount remaining after the payments required under paragraph 2248 (a). The amount of the distribution calculated shall then be 2249 reduced by an amount equal to the debt service paid pursuant to 2250 paragraph (a) on bonds issued after July 1, 2016, for the 2251 purposes set forth under this subparagraph. 2252 2. A minimum of the lesser of 7.6 percent or $50 million 2253 shall be appropriated annually for spring restoration, 2254 protection, and management projects. For the purpose of 2255 performing the calculation provided in this subparagraph, the 2256 amount of debt service paid pursuant to paragraph (a) for bonds 2257 issued after July 1, 2016, for the purposes set forth under 2258 paragraph (b) shall be added to the amount remaining after the 2259 payments required under paragraph (a). The amount of the 2260 distribution calculated shall then be reduced by an amount equal 2261 to the debt service paid pursuant to paragraph (a) on bonds 2262 issued after July 1, 2016, for the purposes set forth under this 2263 subparagraph. 2264 3. The sum of $5 million shall be appropriated annually 2265 each fiscal year through the 2025-2026 fiscal year to the St. 2266 Johns River Water Management District for projects dedicated to 2267 the restoration of Lake Apopka. This distribution shall be 2268 reduced by an amount equal to the debt service paid pursuant to 2269 paragraph (a) on bonds issued after July 1, 2016, for the 2270 purposes set forth in this subparagraph. 2271 4. The sum of $64 million is appropriated and shall be 2272 transferred to the Everglades Trust Fund for the 2018-2019 2273 fiscal year, and each fiscal year thereafter, for the EAA 2274 reservoir project pursuant to s. 373.4598. Any funds remaining 2275 in any fiscal year shall be made available only for Phase II of 2276 the C-51 reservoir project or projects identified in 2277 subparagraph 1. and must be used in accordance with laws 2278 relating to such projects. Any funds made available for such 2279 purposes in a fiscal year are in addition to the amount 2280 appropriated under subparagraph 1. This distribution shall be 2281 reduced by an amount equal to the debt service paid pursuant to 2282 paragraph (a) on bonds issued after July 1, 2017, for the 2283 purposes set forth in this subparagraph. 2284 5. Notwithstanding subparagraph 3., for the 2020-2021201922852020fiscal year, funds shall be appropriated as provided in the 2286 General Appropriations Act. This subparagraph expires July 1, 2287 20212020. 2288 Section 66. In order to implement Specific Appropriation 2289 2659 of the 2020-2021 General Appropriations Act, paragraph (b) 2290 of subsection (3) and subsection (5) of section 321.04, Florida 2291 Statutes, are amended to read: 2292 321.04 Personnel of the highway patrol; rank 2293 classifications; probationary status of new patrol officers; 2294 subsistence; special assignments.— 2295 (3) 2296 (b) For the 2020-20212019-2020fiscal year only, upon the 2297 request of the Governor, the Department of Highway Safety and 2298 Motor Vehicles shall assign one or more patrol officers to the 2299 office of the Lieutenant Governor for security services. This 2300 paragraph expires July 1, 20212020. 2301 (5) For the 2020-20212019-2020fiscal year only, the 2302 assignment of a patrol officer by the department shall include a 2303 Cabinet member specified in s. 4, Art. IV of the State 2304 Constitution if deemed appropriate by the department or in 2305 response to a threat and upon written request of such Cabinet 2306 member. This subsection expires July 1, 20212020. 2307 Section 67. In order to implement Specific Appropriation 2308 2282 of the 2020-2021 General Appropriations Act, subsection (3) 2309 of section 420.9079, Florida Statutes, is amended to read: 2310 420.9079 Local Government Housing Trust Fund.— 2311 (3) For the 2020-20212019-2020fiscal year, funds may be 2312 used as provided in the General Appropriations Act. This 2313 subsection expires July 1, 20212020. 2314 Section 68. In order to implement Specific Appropriation 2315 2281 of the 2020-2021 General Appropriations Act, subsection (2) 2316 of section 420.0005, Florida Statutes, is amended to read: 2317 420.0005 State Housing Trust Fund; State Housing Fund.— 2318 (2) For the 2020-20212019-2020fiscal year, funds may be 2319 used as provided in the General Appropriations Act. This 2320 subsection expires July 1, 20212020. 2321 Section 69. In order to implement Specific Appropriation 2322 2294 of the 2020-2021 General Appropriations Act, subsection 2323 (14) of section 288.1226, Florida Statutes, is amended to read: 2324 288.1226 Florida Tourism Industry Marketing Corporation; 2325 use of property; board of directors; duties; audit.— 2326 (14) REPEAL.—This section is repealed July 1, 20212020, 2327 unless reviewed and saved from repeal by the Legislature. 2328 Section 70. In order to implement Specific Appropriation 2329 2294 of the 2020-2021 General Appropriations Act, subsection (6) 2330 of section 288.923, Florida Statutes, is amended to read: 2331 288.923 Division of Tourism Marketing; definitions; 2332 responsibilities.— 2333 (6) This section is repealed July 1, 20212020, unless 2334 reviewed and saved from repeal by the Legislature. 2335 Section 71. In order to implement Specific Appropriation 2336 1915 of the 2020-2021 General Appropriations Act, paragraph (g) 2337 of subsection (8) of section 338.2278, Florida Statutes, is 2338 amended to read: 2339 338.2278 Multi-use Corridors of Regional Economic 2340 Significance Program.— 2341 (8) The amounts identified in subsection (7) by fiscal year 2342 shall be allocated as follows: 2343 (g)1. Except as provided in subparagraph 2., in each fiscal 2344 year in which funding provided under this subsection for the 2345 Small County Road Assistance Program, the Small County Outreach 2346 Program, the Transportation Disadvantaged Trust Fund, or the 2347 workforce development program is not committed by the end of 2348 each fiscal year, such uncommitted funds shall be used by the 2349 department to fund Multi-use Corridors of Regional Economic 2350 Significance Program projects. As provided in s. 339.135(7), the 2351 adopted work program may be amended to transfer funds between 2352 appropriations categories or to increase an appropriation 2353 category to implement this paragraph. 2354 2. For the 2020-2021 fiscal year, funding provided under 2355 this subsection for the Transportation Disadvantaged Trust Fund 2356 under paragraph (a) which is uncommitted at the end of the 2019 2357 2020 fiscal year may be used as provided in the General 2358 Appropriations Act. This subparagraph expires July 1, 2021. 2359 Section 72. In order to implement Specific Appropriations 2360 1916 through 1929, 1929F through 1929J, 1944 through 1951, 1953 2361 through 1962, and 1999A through 2011 of the 2020-2021 General 2362 Appropriations Act, paragraphs (g) and (h) of subsection (7) of 2363 section 339.135, Florida Statutes, are amended to read: 2364 339.135 Work program; legislative budget request; 2365 definitions; preparation, adoption, execution, and amendment.— 2366 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.— 2367 (g)1. Any work program amendment which also requires the 2368 transfer of fixed capital outlay appropriations between 2369 categories within the department or the increase of an 2370 appropriation category is subject to the approval of the 2371 Legislative Budget Commission. 2372 2. If a meeting of the Legislative Budget Commission cannot 2373 be held within 30 days after the department submits an amendment 2374 to the Legislative Budget Commission, the chair and vice chair 2375 of the Legislative Budget Commission may authorize such 2376 amendment to be approved pursuant to s. 216.177. This 2377 subparagraph expires July 1, 20212020. 2378 (h)1. Any work program amendment that also adds a new 2379 project, or phase thereof, to the adopted work program in excess 2380 of $3 million is subject to approval by the Legislative Budget 2381 Commission. Any work program amendment submitted under this 2382 paragraph must include, as supplemental information, a list of 2383 projects, or phases thereof, in the current 5-year adopted work 2384 program which are eligible for the funds within the 2385 appropriation category being used for the proposed amendment. 2386 The department shall provide a narrative with the rationale for 2387 not advancing an existing project, or phase thereof, in lieu of 2388 the proposed amendment. 2389 2. If a meeting of the Legislative Budget Commission cannot 2390 be held within 30 days after the department submits an amendment 2391 to the commission, the chair and vice chair of the commission 2392 may authorize such amendment to be approved pursuant to s. 2393 216.177. This subparagraph expires July 1, 2021. 2394 Section 73. In order to implement Specific Appropriation 2395 2599 of the 2020-2021 General Appropriations Act, paragraph (d) 2396 of subsection (4) of section 112.061, Florida Statutes, is 2397 amended to read: 2398 112.061 Per diem and travel expenses of public officers, 2399 employees, and authorized persons; statewide travel management 2400 system.— 2401 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an 2402 officer or employee assigned to an office shall be the city or 2403 town in which the office is located except that: 2404 (d) A Lieutenant Governor who permanently resides outside 2405 of Leon County, may, if he or she so requests, have an 2406 appropriate facility in his or her county designated as his or 2407 her official headquarters for purposes of this section. This 2408 official headquarters may only serve as the Lieutenant 2409 Governor’s personal office. The Lieutenant Governor may not use 2410 state funds to lease space in any facility for his or her 2411 official headquarters. 2412 1. A Lieutenant Governor for whom an official headquarters 2413 is established in his or her county of residence pursuant to 2414 this paragraph is eligible for subsistence at a rate to be 2415 established by the Governor for each day or partial day that the 2416 Lieutenant Governor is at the State Capitol to conduct official 2417 state business. In addition to the subsistence allowance, a 2418 Lieutenant Governor is eligible for reimbursement for 2419 transportation expenses as provided in subsection (7) for travel 2420 between the Lieutenant Governor’s official headquarters and the 2421 State Capitol to conduct state business. 2422 2. Payment of subsistence and reimbursement for 2423 transportation between a Lieutenant Governor’s official 2424 headquarters and the State Capitol shall be made to the extent 2425 appropriated funds are available, as determined by the Governor. 2426 3. This paragraph expires July 1, 20212020. 2427 Section 74. In order to implement the salaries and 2428 benefits, expenses, other personal services, contracted 2429 services, and operating capital outlay categories of the 2020 2430 2021 General Appropriations Act, paragraph (a) of subsection (2) 2431 of section 216.292, Florida Statutes, is amended to read: 2432 216.292 Appropriations nontransferable; exceptions.— 2433 (2) The following transfers are authorized to be made by 2434 the head of each department or the Chief Justice of the Supreme 2435 Court whenever it is deemed necessary by reason of changed 2436 conditions: 2437 (a) The transfer of appropriations funded from identical 2438 funding sources, except appropriations for fixed capital outlay, 2439 and the transfer of amounts included within the total original 2440 approved budget and plans of releases of appropriations as 2441 furnished pursuant to ss. 216.181 and 216.192, as follows: 2442 1. Between categories of appropriations within a budget 2443 entity, if no category of appropriation is increased or 2444 decreased by more than 5 percent of the original approved budget 2445 or $250,000, whichever is greater, by all action taken under 2446 this subsection. 2447 2. Between budget entities within identical categories of 2448 appropriations, if no category of appropriation is increased or 2449 decreased by more than 5 percent of the original approved budget 2450 or $250,000, whichever is greater, by all action taken under 2451 this subsection. 2452 3. Any agency exceeding salary rate established pursuant to 2453 s. 216.181(8) on June 30th of any fiscal year shall not be 2454 authorized to make transfers pursuant to subparagraphs 1. and 2. 2455 in the subsequent fiscal year. 2456 4. Notice of proposed transfers under subparagraphs 1. and 2457 2. shall be provided to the Executive Office of the Governor and 2458 the chairs of the legislative appropriations committees at least 2459 3 days prior to agency implementation in order to provide an 2460 opportunity for review. The review shall be limited to ensuring 2461 that the transfer is in compliance with the requirements of this 2462 paragraph. 2463 5. For the 2020-20212019-2020fiscal year, the review 2464 shall ensure that transfers proposed pursuant to this paragraph 2465 comply with this chapter, maximize the use of available and 2466 appropriate trust funds, and are not contrary to legislative 2467 policy and intent. This subparagraph expires July 1, 20212020. 2468 Section 75. In order to implement section 8 of the 2020 2469 2021 General Appropriations Act, notwithstanding s. 2470 110.123(3)(f) and (j), Florida Statutes, the Department of 2471 Management Services shall maintain and offer the same PPO and 2472 HMO health plan alternatives to the participants of the state 2473 group health insurance program during the 2020-2021 fiscal year 2474 which were in effect for the 2019-2020 fiscal year. This section 2475 expires July 1, 2021. 2476 Section 76. In order to implement the appropriation of 2477 funds in the special categories, contracted services, and 2478 expenses categories of the 2020-2021 General Appropriations Act, 2479 a state agency may not initiate a competitive solicitation for a 2480 product or service if the completion of such competitive 2481 solicitation would: 2482 (1) Require a change in law; or 2483 (2) Require a change to the agency’s budget other than a 2484 transfer authorized in s. 216.292(2) or (3), Florida Statutes, 2485 unless the initiation of such competitive solicitation is 2486 specifically authorized in law, in the General Appropriations 2487 Act, or by the Legislative Budget Commission. 2488 2489 This section does not apply to a competitive solicitation for 2490 which the agency head certifies that a valid emergency exists. 2491 This section expires July 1, 2021. 2492 Section 77. In order to implement appropriations for 2493 salaries and benefits in the 2020-2021 General Appropriations 2494 Act, subsection (6) of section 112.24, Florida Statutes, is 2495 amended to read: 2496 112.24 Intergovernmental interchange of public employees. 2497 To encourage economical and effective utilization of public 2498 employees in this state, the temporary assignment of employees 2499 among agencies of government, both state and local, and 2500 including school districts and public institutions of higher 2501 education is authorized under terms and conditions set forth in 2502 this section. State agencies, municipalities, and political 2503 subdivisions are authorized to enter into employee interchange 2504 agreements with other state agencies, the Federal Government, 2505 another state, a municipality, or a political subdivision 2506 including a school district, or with a public institution of 2507 higher education. State agencies are also authorized to enter 2508 into employee interchange agreements with private institutions 2509 of higher education and other nonprofit organizations under the 2510 terms and conditions provided in this section. In addition, the 2511 Governor or the Governor and Cabinet may enter into employee 2512 interchange agreements with a state agency, the Federal 2513 Government, another state, a municipality, or a political 2514 subdivision including a school district, or with a public 2515 institution of higher learning to fill, subject to the 2516 requirements of chapter 20, appointive offices which are within 2517 the executive branch of government and which are filled by 2518 appointment by the Governor or the Governor and Cabinet. Under 2519 no circumstances shall employee interchange agreements be 2520 utilized for the purpose of assigning individuals to participate 2521 in political campaigns. Duties and responsibilities of 2522 interchange employees shall be limited to the mission and goals 2523 of the agencies of government. 2524 (6) For the 2020-20212019-2020fiscal year only, the 2525 assignment of an employee of a state agency as provided in this 2526 section may be made if recommended by the Governor or Chief 2527 Justice, as appropriate, and approved by the chairs of the 2528 legislative appropriations committees. Such actions shall be 2529 deemed approved if neither chair provides written notice of 2530 objection within 14 days after receiving notice of the action 2531 pursuant to s. 216.177. This subsection expires July 1, 2021 25322020. 2533 Section 78. In order to implement Specific Appropriations 2534 2727 and 2728 of the 2020-2021 General Appropriations Act, and 2535 notwithstanding s. 11.13(1), Florida Statutes, the authorized 2536 salaries for members of the Legislature for the 2020-2021 fiscal 2537 year shall be set at the same level in effect on July 1, 2010. 2538 This section expires July 1, 2021. 2539 Section 79. In order to implement the transfer of funds 2540 from the General Revenue Fund from trust funds for the 2020-2021 2541 General Appropriations Act, and notwithstanding the expiration 2542 date in section 110 of chapter 2019-116, Laws of Florida, 2543 paragraph (b) of subsection (2) of section 215.32, Florida 2544 Statutes, is reenacted to read: 2545 215.32 State funds; segregation.— 2546 (2) The source and use of each of these funds shall be as 2547 follows: 2548 (b)1. The trust funds shall consist of moneys received by 2549 the state which under law or under trust agreement are 2550 segregated for a purpose authorized by law. The state agency or 2551 branch of state government receiving or collecting such moneys 2552 is responsible for their proper expenditure as provided by law. 2553 Upon the request of the state agency or branch of state 2554 government responsible for the administration of the trust fund, 2555 the Chief Financial Officer may establish accounts within the 2556 trust fund at a level considered necessary for proper 2557 accountability. Once an account is established, the Chief 2558 Financial Officer may authorize payment from that account only 2559 upon determining that there is sufficient cash and releases at 2560 the level of the account. 2561 2. In addition to other trust funds created by law, to the 2562 extent possible, each agency shall use the following trust funds 2563 as described in this subparagraph for day-to-day operations: 2564 a. Operations or operating trust fund, for use as a 2565 depository for funds to be used for program operations funded by 2566 program revenues, with the exception of administrative 2567 activities when the operations or operating trust fund is a 2568 proprietary fund. 2569 b. Operations and maintenance trust fund, for use as a 2570 depository for client services funded by third-party payors. 2571 c. Administrative trust fund, for use as a depository for 2572 funds to be used for management activities that are departmental 2573 in nature and funded by indirect cost earnings and assessments 2574 against trust funds. Proprietary funds are excluded from the 2575 requirement of using an administrative trust fund. 2576 d. Grants and donations trust fund, for use as a depository 2577 for funds to be used for allowable grant or donor agreement 2578 activities funded by restricted contractual revenue from private 2579 and public nonfederal sources. 2580 e. Agency working capital trust fund, for use as a 2581 depository for funds to be used pursuant to s. 216.272. 2582 f. Clearing funds trust fund, for use as a depository for 2583 funds to account for collections pending distribution to lawful 2584 recipients. 2585 g. Federal grant trust fund, for use as a depository for 2586 funds to be used for allowable grant activities funded by 2587 restricted program revenues from federal sources. 2588 2589 To the extent possible, each agency must adjust its internal 2590 accounting to use existing trust funds consistent with the 2591 requirements of this subparagraph. If an agency does not have 2592 trust funds listed in this subparagraph and cannot make such 2593 adjustment, the agency must recommend the creation of the 2594 necessary trust funds to the Legislature no later than the next 2595 scheduled review of the agency’s trust funds pursuant to s. 2596 215.3206. 2597 3. All such moneys are hereby appropriated to be expended 2598 in accordance with the law or trust agreement under which they 2599 were received, subject always to the provisions of chapter 216 2600 relating to the appropriation of funds and to the applicable 2601 laws relating to the deposit or expenditure of moneys in the 2602 State Treasury. 2603 4.a. Notwithstanding any provision of law restricting the 2604 use of trust funds to specific purposes, unappropriated cash 2605 balances from selected trust funds may be authorized by the 2606 Legislature for transfer to the Budget Stabilization Fund and 2607 General Revenue Fund in the General Appropriations Act. 2608 b. This subparagraph does not apply to trust funds required 2609 by federal programs or mandates; trust funds established for 2610 bond covenants, indentures, or resolutions whose revenues are 2611 legally pledged by the state or public body to meet debt service 2612 or other financial requirements of any debt obligations of the 2613 state or any public body; the Division of Licensing Trust Fund 2614 in the Department of Agriculture and Consumer Services; the 2615 State Transportation Trust Fund; the trust fund containing the 2616 net annual proceeds from the Florida Education Lotteries; the 2617 Florida Retirement System Trust Fund; trust funds under the 2618 management of the State Board of Education or the Board of 2619 Governors of the State University System, where such trust funds 2620 are for auxiliary enterprises, self-insurance, and contracts, 2621 grants, and donations, as those terms are defined by general 2622 law; trust funds that serve as clearing funds or accounts for 2623 the Chief Financial Officer or state agencies; trust funds that 2624 account for assets held by the state in a trustee capacity as an 2625 agent or fiduciary for individuals, private organizations, or 2626 other governmental units; and other trust funds authorized by 2627 the State Constitution. 2628 Section 80. The text of s. 215.32(2)(b), Florida Statutes, 2629 as carried forward from chapter 2011-47, Laws of Florida, by 2630 this act, expires July 1, 2021, and the text of that paragraph 2631 shall revert to that in existence on June 30, 2011, except that 2632 any amendments to such text enacted other than by this act shall 2633 be preserved and continue to operate to the extent that such 2634 amendments are not dependent upon the portions of text which 2635 expire pursuant to this section. 2636 Section 81. In order to implement appropriations in the 2637 2020-2021 General Appropriations Act for state employee travel, 2638 the funds appropriated to each state agency which may be used 2639 for travel by state employees are limited during the 2020-2021 2640 fiscal year to travel for activities that are critical to each 2641 state agency’s mission. Funds may not be used for travel by 2642 state employees to foreign countries, other states, conferences, 2643 staff training activities, or other administrative functions 2644 unless the agency head has approved, in writing, that such 2645 activities are critical to the agency’s mission. The agency head 2646 shall consider using teleconferencing and other forms of 2647 electronic communication to meet the needs of the proposed 2648 activity before approving mission-critical travel. This section 2649 does not apply to travel for law enforcement purposes, military 2650 purposes, emergency management activities, or public health 2651 activities. This section expires July 1, 2021. 2652 Section 82. In order to implement appropriations in the 2653 2020-2021 General Appropriations Act for state employee travel 2654 and notwithstanding s. 112.061, Florida Statutes, costs for 2655 lodging associated with a meeting, conference, or convention 2656 organized or sponsored in whole or in part by a state agency or 2657 the judicial branch may not exceed $225 per day. An employee may 2658 expend his or her own funds for any lodging expenses in excess 2659 of $225 per day. For purposes of this section, a meeting does 2660 not include travel activities for conducting an audit, 2661 examination, inspection, or investigation or travel activities 2662 related to a litigation or emergency response. This section 2663 expires July 1, 2021. 2664 Section 83. In order to implement the appropriation of 2665 funds in the special categories, contracted services, and 2666 expenses categories of the 2020-2021 General Appropriations Act, 2667 a state agency may not enter into a contract containing a 2668 nondisclosure clause that prohibits the contractor from 2669 disclosing information relevant to the performance of the 2670 contract to members or staff of the Senate or the House of 2671 Representatives. This section expires July 1, 2021. 2672 Section 84. Any section of this act which implements a 2673 specific appropriation or specifically identified proviso 2674 language in the 2020-2021 General Appropriations Act is void if 2675 the specific appropriation or specifically identified proviso 2676 language is vetoed. Any section of this act which implements 2677 more than one specific appropriation or more than one portion of 2678 specifically identified proviso language in the 2020-2021 2679 General Appropriations Act is void if all the specific 2680 appropriations or portions of specifically identified proviso 2681 language are vetoed. 2682 Section 85. If any other act passed during the 2020 Regular 2683 Session of the Legislature contains a provision that is 2684 substantively the same as a provision in this act, but that 2685 removes or is otherwise not subject to the future repeal applied 2686 to such provision by this act, the Legislature intends that the 2687 provision in the other act takes precedence and continues to 2688 operate, notwithstanding the future repeal provided by this act. 2689 Section 86. If any provision of this act or its application 2690 to any person or circumstance is held invalid, the invalidity 2691 does not affect other provisions or applications of the act 2692 which can be given effect without the invalid provision or 2693 application, and to this end the provisions of this act are 2694 severable. 2695 Section 87. Except as otherwise expressly provided in this 2696 act and except for this section, which shall take effect upon 2697 this act becoming a law, this act shall take effect July 1, 2698 2020; or, if this act fails to become a law until after that 2699 date, it shall take effect upon becoming a law and shall operate 2700 retroactively to July 1, 2020.