Senate Bill sb2002e1

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    SB 2002                                        First Engrossed



  1                      A bill to be entitled

  2         An act implementing the 2001-2002 General

  3         Appropriations Act; providing legislative

  4         intent; providing for allocation of moneys

  5         provided for workforce development and

  6         providing for budget amendment when a program

  7         is moved; requiring the Agency for Health Care

  8         Administration to use a specified

  9         disproportionate share formula, specified

10         audited financial data, and a specified

11         Medicaid per diem rate in fiscal year 2001-2002

12         for qualifying hospitals; amending s. 409.9116,

13         F.S.; providing a formula for rural hospital

14         disproportionate share payments; amending s.

15         216.181, F.S.; authorizing the Department of

16         Children and Family Services and the Department

17         of Health to advance certain moneys for certain

18         contract services; amending s. 409.905, F.S.;

19         prescribing conditions upon which an adjustment

20         in a hospital's inpatient per diem rate may be

21         based; amending s. 216.177, F.S.; providing

22         notice requirements for the Department of

23         Children and Family Services with respect to

24         transferring portions of district budgets;

25         amending s. 409.915, F.S.; exempting counties

26         from contributing toward the increased cost of

27         hospital inpatient services due to elimination

28         of Medicaid ceilings on certain types of

29         hospitals and for special Medicaid

30         reimbursements to hospitals; revising the level

31         of county participation; prohibiting the Agency


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    SB 2002                                        First Engrossed



  1         for Health Care Administration from adjusting

  2         premiums paid to health maintenance

  3         organizations or prepaid health care plans due

  4         to elimination of Medicaid ceilings on certain

  5         types of hospitals and special Medicaid

  6         payments to hospitals; amending s. 409.904,

  7         F.S.; revising eligibility requirements for

  8         certain medical assistance payments; amending

  9         s. 409.905, F.S.; prescribing additional

10         limitations that may be placed on hospital

11         inpatient services under Medicaid; amending s.

12         409.906, F.S.; revising standards for payable

13         intermediate care services; amending s.

14         409.908, F.S.; revising standards, guidelines,

15         and limitations relating to reimbursement of

16         Medicaid providers; amending s. 409.91195,

17         F.S.; providing for a restricted drug formulary

18         applicable to Medicaid providers; amending s.

19         409.912, F.S.; prescribing additional services

20         that the Agency for Health Care Administration

21         may provide through competitive bidding;

22         authorizing the agency to establish, and make

23         exceptions to, a restricted drug formulary;

24         amending s. 409.904, F.S.; providing additional

25         limitations on services that may be furnished

26         to medically needy patients; amending s.

27         409.913, F.S.; requiring the Agency for Health

28         Care Administration to implement a pilot

29         program to prevent Medicaid fraud and abuse

30         with respect to pharmaceuticals; amending s.

31         409.906, F.S.; providing for reimbursement and


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    SB 2002                                        First Engrossed



  1         use-management reforms with respect to

  2         community mental health services; amending s.

  3         409.912, F.S.; authorizing the agency to

  4         contract with children's clinic networks for

  5         certain purposes; amending s. 409.9122, F.S.;

  6         providing for disproportionate assignment of

  7         certain Medicaid-eligible children to

  8         children's clinic networks; providing for the

  9         assignment of certain Medicaid recipients to

10         managed care plans; amending s. 409.904, F.S.;

11         providing for the Agency for Health Care

12         Administration to pay for specified cancer

13         treatment; amending s. 39.3065, F.S.;

14         prescribing responsibility of the Seminole

15         County Sheriff with respect to child protective

16         investigations; amending s. 414.045, F.S.;

17         revising reporting requirements with respect to

18         the cash assistance program; providing

19         legislative intent and directives with respect

20         to community-based care initiatives; requiring

21         the availability of certain funds for the

22         temporary assistance for needy families

23         program; authorizing a transfer of funds

24         between the Department of Children and Family

25         Services and the Department of Juvenile Justice

26         relating to transfer of staff between the

27         departments; amending s. 318.21, F.S.;

28         distributing a portion of the civil penalties

29         paid to the county courts to the state courts

30         system instead of the Department of Children

31         and Family Services for administrative,


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    SB 2002                                        First Engrossed



  1         training, and other costs associated with the

  2         implementation and maintenance of Florida

  3         foster care citizen review panels; amending s.

  4         925.037, F.S.; providing that the state courts

  5         system shall allocate conflict counsel funds

  6         among certain counties; amending s. 25.402,

  7         F.S.; revising membership of the County Article

  8         V Trust Fund advisory committee; revising uses

  9         of the fund; amending s. 216.262, F.S.;

10         providing for additional positions to operate

11         additional prison bed capacity under certain

12         circumstances; amending ss. 938.01, 943.25,

13         F.S.; providing for deposit of certain funds

14         for use by the Department of Law Enforcement,

15         rather than the Department of Community

16         Affairs; providing for future reversion to

17         current text; transferring the Criminal Justice

18         Program from the Department of Community

19         Affairs to the Department of Law Enforcement;

20         transferring the Prevention of Domestic and

21         Sexual Violence Program from the Department of

22         Community Affairs to the Department of Children

23         and Family Services; providing matching funds

24         for the administration of such program;

25         directing Enterprise Florida, Inc., to operate

26         sister-city and sister-state programs according

27         to specified standards; authorizing Enterprise

28         Florida, Inc., to contract for the

29         implementation of Florida's international

30         volunteer corps; authorizing the Department of

31         Community Affairs to use specified methods to


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    SB 2002                                        First Engrossed



  1         issue notices of intent; amending s. 287.161,

  2         F.S.; requiring the Department of Management

  3         Services to charge all persons receiving

  4         transportation from the executive aircraft pool

  5         a specified rate; providing for deposit and use

  6         of such fees; amending s. 259.101, F.S.;

  7         requiring appropriations from the Florida

  8         Preservation 2000 Trust Fund to the Save Our

  9         Everglades Trust Fund for land acquisition;

10         providing for disposition and use of certain

11         moneys accruing to the Florida Forever Trust

12         Fund; amending s. 259.105, F.S.; deleting a

13         restriction on use of moneys allocated under

14         the Florida Forever Act to the South Florida

15         Water Management District; amending s. 403.709,

16         F.S.; providing for use of moneys allocated to

17         the Solid Waste Management Trust Fund; amending

18         s. 403.7095, F.S., relating to the solid waste

19         management grant program; requiring a specified

20         level of funding for counties receiving solid

21         waste management and recycling grants; amending

22         s. 373.59, F.S.; requiring release of certain

23         moneys by the Secretary of Environmental

24         Protection to water management districts, upon

25         request; amending s. 252.373, F.S.; authorizing

26         the use of certain funds to improve local

27         disaster preparedness; amending s. 110.12315,

28         F.S.; providing copayment requirements for the

29         state employees' prescription drug program;

30         providing for a preferred brand name drug list

31         to be used in the administration of such


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    SB 2002                                        First Engrossed



  1         program; amending s. 110.1239, F.S.; providing

  2         requirements for the funding of the state group

  3         health insurance program; providing for future

  4         repeal of various provisions; providing effect

  5         of veto of specific appropriation or proviso to

  6         which implementing language refers; providing

  7         applicability to other legislation;

  8         incorporating by reference specified

  9         performance measures and standards directly

10         linked to the appropriations made in the

11         2001-2002 General Appropriations Act, as

12         required by the Government Performance and

13         Accountability Act of 1994; providing

14         severability; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  It is the intent of the Legislature that

19  the implementing and administering provisions of this act

20  apply to the General Appropriations Act for fiscal year

21  2001-2002.

22         Section 2.  In order to implement Specific

23  Appropriation 171 of the 2001-2002 General Appropriations Act,

24  the funds provided for workforce development shall be

25  initially allocated to the school district or community

26  college as designated. If, for any reason, a program in whole

27  or in part is moved from a community college to a school

28  district or moved from a school district to a community

29  college, the Commissioner of Education or the Executive

30  Director of the Division of Community Colleges shall submit a

31  budget amendment pursuant to chapter 216, Florida Statutes, to


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    SB 2002                                        First Engrossed



  1  transfer the appropriate amount of the 2001-2002 appropriation

  2  between the affected district and community college. The

  3  amount transferred shall be as near as practicable to the

  4  actual amount appropriated for the FTE funded for that

  5  program. This section expires July 1, 2002.

  6         Section 3.  In order to implement Specific

  7  Appropriation 254 of the 2001-2002 General Appropriations Act,

  8  and for the 2001-2002 fiscal year only, the Agency for Health

  9  Care Administration shall use the 1992-1993 disproportionate

10  share formula, the 1994 audited financial data, and the

11  Medicaid per diem rate as of January 1, 1999, for those

12  hospitals that qualify for the hospital disproportionate share

13  program funded in that specific appropriation. This section

14  expires July 1, 2002.

15         Section 4.  In order to implement Specific

16  Appropriation 249 of the 2001-2002 General Appropriations Act,

17  subsection (6) of section 409.9116, Florida Statutes, is

18  amended to read:

19         409.9116  Disproportionate share/financial assistance

20  program for rural hospitals.--In addition to the payments made

21  under s. 409.911, the Agency for Health Care Administration

22  shall administer a federally matched disproportionate share

23  program and a state-funded financial assistance program for

24  statutory rural hospitals. The agency shall make

25  disproportionate share payments to statutory rural hospitals

26  that qualify for such payments and financial assistance

27  payments to statutory rural hospitals that do not qualify for

28  disproportionate share payments. The disproportionate share

29  program payments shall be limited by and conform with federal

30  requirements. Funds shall be distributed quarterly in each

31  fiscal year for which an appropriation is made.


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    SB 2002                                        First Engrossed



  1  Notwithstanding the provisions of s. 409.915, counties are

  2  exempt from contributing toward the cost of this special

  3  reimbursement for hospitals serving a disproportionate share

  4  of low-income patients.

  5         (6)  For the 2001-2002 2000-2001 fiscal year only, the

  6  Agency for Health Care Administration shall use the following

  7  formula for distribution of the funds in Specific

  8  Appropriation 249 212 of the 2001-2002 2000-2001 General

  9  Appropriations Act for the disproportionate share/financial

10  assistance program for rural hospitals.

11         (a)  The agency shall first determine a preliminary

12  payment amount for each rural hospital by allocating all

13  available state funds using the following formula:

14

15                  PDAER = (TAERH x TARH)/STAERH

16

17  Where:

18         PDAER = preliminary distribution amount for each rural

19  hospital.

20         TAERH = total amount earned by each rural hospital.

21         TARH = total amount appropriated or distributed under

22  this section.

23         STAERH = sum of total amount earned by each rural

24  hospital.

25         (b)  Federal matching funds for the disproportionate

26  share program shall then be calculated for those hospitals

27  that qualify for disproportionate share in paragraph (a).

28         (c)  The state-funds-only payment amount is then

29  calculated for each hospital using the formula:

30

31         SFOER = Maximum value of (1) SFOL - PDAER or (2) 0


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    SB 2002                                        First Engrossed



  1

  2  Where:

  3         SFOER = state-funds-only payment amount for each rural

  4  hospital.

  5         SFOL = state-funds-only payment level, which is set at

  6  4 percent of TARH.

  7         (d)  The adjusted total amount allocated to the rural

  8  disproportionate share program shall then be calculated using

  9  the following formula:

10

11                     ATARH = (TARH - SSFOER)

12

13  Where:

14         ATARH = adjusted total amount appropriated or

15  distributed under this section.

16         SSFOER = sum of the state-funds-only payment amount

17  calculated under paragraph (c) for all rural hospitals.

18         (e)  The determination of the amount of rural

19  disproportionate share hospital funds is calculated by the

20  following formula:

21

22                TDAERH = [(TAERH x ATARH)/STAERH]

23

24  Where:

25         TDAERH = total distribution amount for each rural

26  hospital.

27         (f)  Federal matching funds for the disproportionate

28  share program shall then be calculated for those hospitals

29  that qualify for disproportionate share in paragraph (e).

30         (g)  State-funds-only payment amounts calculated under

31  paragraph (c) are then added to the results of paragraph (f)


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    SB 2002                                        First Engrossed



  1  to determine the total distribution amount for each rural

  2  hospital.

  3         (h)  This subsection expires is repealed on July 1,

  4  2002 2001.

  5         Section 5.  In order to implement Specific

  6  Appropriations 302-466 and 503-638 of the 2001-2002 General

  7  Appropriations Act, paragraph (c) is added to subsection (16)

  8  of section 216.181, Florida Statutes, to read:

  9         216.181  Approved budgets for operations and fixed

10  capital outlay.--

11         (16)

12         (c)  For the 2001-2002 fiscal year only, funds

13  appropriated to the Department of Children and Family Services

14  in Specific Appropriations 302-466 and the Department of

15  Health in Specific Appropriations 503-638 of the 2001-2002

16  General Appropriations Act may be advanced, unless

17  specifically prohibited in such General Appropriations Act,

18  for those contracted services that were approved for

19  advancement by the Comptroller in fiscal year 1993-1994,

20  including those services contracted on a fixed-price or

21  unit-cost basis.  This paragraph expires July 1, 2002.

22         Section 6.  In order to implement Specific

23  Appropriation 254 of the 2001-2002 General Appropriations Act,

24  paragraph (c) of subsection (5) of section 409.905, Florida

25  Statutes, is amended to read:

26         409.905  Mandatory Medicaid services.--The agency may

27  make payments for the following services, which are required

28  of the state by Title XIX of the Social Security Act,

29  furnished by Medicaid providers to recipients who are

30  determined to be eligible on the dates on which the services

31  were provided.  Any service under this section shall be


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    SB 2002                                        First Engrossed



  1  provided only when medically necessary and in accordance with

  2  state and federal law. Nothing in this section shall be

  3  construed to prevent or limit the agency from adjusting fees,

  4  reimbursement rates, lengths of stay, number of visits, number

  5  of services, or any other adjustments necessary to comply with

  6  the availability of moneys and any limitations or directions

  7  provided for in the General Appropriations Act or chapter 216.

  8         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

  9  for all covered services provided for the medical care and

10  treatment of a recipient who is admitted as an inpatient by a

11  licensed physician or dentist to a hospital licensed under

12  part I of chapter 395.  However, the agency shall limit the

13  payment for inpatient hospital services for a Medicaid

14  recipient 21 years of age or older to 45 days or the number of

15  days necessary to comply with the General Appropriations Act.

16         (c)  Agency for Health Care Administration shall adjust

17  a hospital's current inpatient per diem rate to reflect the

18  cost of serving the Medicaid population at that institution

19  if:

20         1.  The hospital experiences an increase in Medicaid

21  caseload by more than 25 percent in any year, primarily

22  resulting from the closure of a hospital in the same service

23  area occurring after July 1, 1995; or

24         2.  The hospital's Medicaid per diem rate is at least

25  25 percent below the Medicaid per patient cost for that year.

26

27  No later than November 1, 2001 2000, the agency must provide

28  estimated costs for any adjustment in a hospital inpatient per

29  diem pursuant to this paragraph to the Executive Office of the

30  Governor, the House of Representatives General Appropriations

31  Committee, and the Senate Budget Committee. Before the agency


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    SB 2002                                        First Engrossed



  1  implements a change in a hospital's inpatient per diem rate

  2  pursuant to this paragraph, the Legislature must have

  3  specifically appropriated sufficient funds in the 2001-2002

  4  General Appropriations Act to support the increase in cost as

  5  estimated by the agency. This paragraph expires is repealed on

  6  July 1, 2002 2001.

  7         Section 7.  In order to implement Specific

  8  Appropriations 302-466 of the 2001-2002 General Appropriations

  9  Act, subsection (4) of section 216.177, Florida Statutes, is

10  amended to read:

11         216.177  Appropriations acts, statement of intent,

12  violation, notice, review and objection procedures.--

13         (4)  Notwithstanding the 14-day notice requirements of

14  this section, and for the 2001-2002 2000-2001 fiscal year

15  only, the Department of Children and Family Services is

16  required to provide notice of proposed transfers submitted

17  pursuant to s. 20.19(5)(b) to the Executive Office of the

18  Governor and the chairs of the legislative appropriations

19  committees at least 3 working days prior to their

20  implementation.

21         Section 8.  In order to implement Specific

22  Appropriation 254 of the 2001-2002 General Appropriations Act,

23  paragraph (a) of subsection (1) and subsection (7) of section

24  409.915, Florida Statutes, are amended to read:

25         409.915  County contributions to Medicaid.--Although

26  the state is responsible for the full portion of the state

27  share of the matching funds required for the Medicaid program,

28  in order to acquire a certain portion of these funds, the

29  state shall charge the counties for certain items of care and

30  service as provided in this section.

31


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    SB 2002                                        First Engrossed



  1         (1)  Each county shall participate in the following

  2  items of care and service:

  3         (a)  Payments for inpatient hospitalization in excess

  4  of 11 12 days, but not in excess of 45 days, with the

  5  exception of pregnant women and children whose income is in

  6  excess of the federal poverty level and who do not participate

  7  in the Medicaid medically needy program.

  8         (7)  Counties are exempt from contributing toward the

  9  cost of new exemptions on inpatient ceilings for statutory

10  teaching hospitals, specialty hospitals, and community

11  hospital education program hospitals that came into effect

12  July 1, 2000, and for special Medicaid payments that came into

13  effect on or after July 1, 2000. This subsection expires July

14  1, 2002. Notwithstanding any provision of this section to the

15  contrary, counties are exempt from contributing toward the

16  increased cost of hospital inpatient services due to the

17  elimination of ceilings on Medicaid inpatient reimbursement

18  rates paid to teaching hospitals, specialty hospitals, and

19  community health education program hospitals and for special

20  Medicaid reimbursements to hospitals for which the Legislature

21  has specifically appropriated funds. This subsection is

22  repealed on July 1, 2001.

23         Section 9.  The amendment of paragraph 409.915(1)(a),

24  Florida Statutes, by this act shall expire July 1, 2002, and

25  the text of that paragraph shall revert to that in existence

26  on June 30, 2001, except that any amendments to such text

27  exacted other than by this act shall be preserved and continue

28  to operate to the extent that such amendments are not

29  dependent upon the portions of such text which expire pursuant

30  to the provisions of this act. The Division of Statutory

31  Revision of the Office of Legislative Services shall include


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    SB 2002                                        First Engrossed



  1  in an appropriate reviser's bill any amendments to such

  2  subsection which are necessary to give effect to the

  3  legislative intent expressed in this section.

  4         Section 10.  In order to implement Specific

  5  Appropriations 289 and 290 of the 2001-2002 General

  6  Appropriations Act, the Agency for Health Care Administration

  7  shall not adjust a premium paid to a health maintenance

  8  organization or a prepaid health care plan to reflect an

  9  increase in such premium because of specifically appropriated

10  funds in the General Appropriations Act to eliminate ceilings

11  on Medicaid reimbursement rates paid to teaching hospitals,

12  specialty hospitals, and community health education program

13  hospitals and for making special Medicaid payments to

14  hospitals. This section expires July 1, 2002.

15         Section 11.  In order to implement Specific

16  Appropriations 241-290 of the 2001-2002 General Appropriations

17  Act, subsection (1) of section 409.904, Florida Statutes, is

18  amended to read:

19         409.904  Optional payments for eligible persons.--The

20  agency may make payments for medical assistance and related

21  services on behalf of the following persons who are determined

22  to be eligible subject to the income, assets, and categorical

23  eligibility tests set forth in federal and state law.  Payment

24  on behalf of these Medicaid eligible persons is subject to the

25  availability of moneys and any limitations established by the

26  General Appropriations Act or chapter 216.

27         (1)  A person who is age 65 or older or is determined

28  to be disabled, whose income is at or below 87.5 100 percent

29  of federal poverty level, and whose assets do not exceed

30  established limitations.

31


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    SB 2002                                        First Engrossed



  1         Section 12.  The amendment of subsection 409.904(1),

  2  Florida Statutes, by this act shall expire July 1, 2002, and

  3  the text of that subsection shall revert to that in existence

  4  on June 30, 2001, except that any amendments to such text

  5  exacted other than by this act shall be preserved and continue

  6  to operate to the extent that such amendments are not

  7  dependent upon the portions of such text which expire pursuant

  8  to the provisions of this act. The Division of Statutory

  9  Revision of the Office of Legislative Services shall include

10  in an appropriate reviser's bill any amendments to such

11  subsection which are necessary to give effect to the

12  legislative intent expressed in this section.

13         Section 13.  In order to implement Specific

14  Appropriation 254 of the 2001-2002 General Appropriations Act,

15  paragraph (a) of subsection (5) of section 409.905, Florida

16  Statutes, is amended to read:

17         409.905  Mandatory Medicaid services.--The agency may

18  make payments for the following services, which are required

19  of the state by Title XIX of the Social Security Act,

20  furnished by Medicaid providers to recipients who are

21  determined to be eligible on the dates on which the services

22  were provided.  Any service under this section shall be

23  provided only when medically necessary and in accordance with

24  state and federal law. Nothing in this section shall be

25  construed to prevent or limit the agency from adjusting fees,

26  reimbursement rates, lengths of stay, number of visits, number

27  of services, or any other adjustments necessary to comply with

28  the availability of moneys and any limitations or directions

29  provided for in the General Appropriations Act or chapter 216.

30         (5)  HOSPITAL INPATIENT SERVICES.--The agency shall pay

31  for all covered services provided for the medical care and


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  1  treatment of a recipient who is admitted as an inpatient by a

  2  licensed physician or dentist to a hospital licensed under

  3  part I of chapter 395.  However, the agency shall limit the

  4  payment for inpatient hospital services for a Medicaid

  5  recipient 21 years of age or older to 45 days or the number of

  6  days necessary to comply with the General Appropriations Act.

  7         (a)  The agency is authorized to implement

  8  reimbursement and utilization management reforms in order to

  9  comply with any limitations or directions in the General

10  Appropriations Act, which may include, but are not limited to:

11  prior authorization for inpatient psychiatric days; prior

12  authorization for nonemergency hospital inpatient admissions;

13  enhanced utilization and concurrent review programs for highly

14  utilized services; reduction or elimination of covered days of

15  service; adjusting reimbursement ceilings for variable costs;

16  adjusting reimbursement ceilings for fixed and property costs;

17  and implementing target rates of increase.

18         Section 14.  The amendment of paragraph 409.905(5)(a),

19  Florida Statutes, by this act shall expire July 1, 2002, and

20  the text of that paragraph shall revert to that in existence

21  on June 30, 2001, except that any amendments to such text

22  exacted other than by this act shall be preserved and continue

23  to operate to the extent that such amendments are not

24  dependent upon the portions of such text which expire pursuant

25  to the provisions of this act. The Division of Statutory

26  Revision of the Office of Legislative Services shall include

27  in an appropriate reviser's bill any amendments to such

28  subsection which are necessary to give effect to the

29  legislative intent expressed in this section.

30         Section 15.  In order to implement Specific

31  Appropriations 281 and 283 of the 2001-2002 General


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  1  Appropriations Act, subsection (16) of section 409.906,

  2  Florida Statutes, is amended to read:

  3         409.906  Optional Medicaid services.--Subject to

  4  specific appropriations, the agency may make payments for

  5  services which are optional to the state under Title XIX of

  6  the Social Security Act and are furnished by Medicaid

  7  providers to recipients who are determined to be eligible on

  8  the dates on which the services were provided.  Any optional

  9  service that is provided shall be provided only when medically

10  necessary and in accordance with state and federal law.

11  Nothing in this section shall be construed to prevent or limit

12  the agency from adjusting fees, reimbursement rates, lengths

13  of stay, number of visits, or number of services, or making

14  any other adjustments necessary to comply with the

15  availability of moneys and any limitations or directions

16  provided for in the General Appropriations Act or chapter 216.

17  If necessary to safeguard the state's systems of providing

18  services to elderly and disabled persons and subject to the

19  notice and review provisions of s. 216.177, the Governor may

20  direct the Agency for Health Care Administration to amend the

21  Medicaid state plan to delete the optional Medicaid service

22  known as "Intermediate Care Facilities for the Developmentally

23  Disabled."  Optional services may include:

24         (16)  INTERMEDIATE CARE SERVICES.--The agency may pay

25  for 24-hour-a-day intermediate care nursing and rehabilitation

26  services rendered to a recipient in a nursing facility

27  licensed under part II of chapter 400, if the services are

28  ordered by and provided under the direction of a physician,

29  meet nursing home level of care criteria as determined by the

30  Comprehensive Assessment and Review for Long-Term Care (CARE)

31  Program of the Department of Elderly Affairs, and do not meet


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  1  the definition of "general care" as used in the Medicaid

  2  budget estimating process.

  3         Section 16.  The amendment of subsection 409.906(16),

  4  Florida Statutes, by this act shall expire July 1, 2002, and

  5  the text of that subsection shall revert to that in existence

  6  on June 30, 2001, except that any amendments to such text

  7  exacted other than by this act shall be preserved and continue

  8  to operate to the extent that such amendments are not

  9  dependent upon the portions of such text which expire pursuant

10  to the provisions of this act. The Division of Statutory

11  Revision of the Office of Legislative Services shall include

12  in an appropriate reviser's bill any amendments to such

13  subsection which are necessary to give effect to the

14  legislative intent expressed in this section.

15         Section 17.  In order to implement Specific

16  Appropriations 241-290 of the 2001-2002 General Appropriations

17  Act, paragraph (a) of subsection (1), paragraph (b) of

18  subsection (2), and subsections (4), (9), (11), (13), (14),

19  and (18) of section 409.908, Florida Statutes, are amended to

20  read:

21         409.908  Reimbursement of Medicaid providers.--Subject

22  to specific appropriations, the agency shall reimburse

23  Medicaid providers, in accordance with state and federal law,

24  according to methodologies set forth in the rules of the

25  agency and in policy manuals and handbooks incorporated by

26  reference therein.  These methodologies may include fee

27  schedules, reimbursement methods based on cost reporting,

28  negotiated fees, competitive bidding pursuant to s. 287.057,

29  and other mechanisms the agency considers efficient and

30  effective for purchasing services or goods on behalf of

31  recipients.  Payment for Medicaid compensable services made on


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    SB 2002                                        First Engrossed



  1  behalf of Medicaid eligible persons is subject to the

  2  availability of moneys and any limitations or directions

  3  provided for in the General Appropriations Act or chapter 216.

  4  Further, nothing in this section shall be construed to prevent

  5  or limit the agency from adjusting fees, reimbursement rates,

  6  lengths of stay, number of visits, or number of services, or

  7  making any other adjustments necessary to comply with the

  8  availability of moneys and any limitations or directions

  9  provided for in the General Appropriations Act, provided the

10  adjustment is consistent with legislative intent.

11         (1)  Reimbursement to hospitals licensed under part I

12  of chapter 395 must be made prospectively or on the basis of

13  negotiation.

14         (a)  Reimbursement for inpatient care is limited as

15  provided for in s. 409.905(5), except for:

16         1.  The raising of rate reimbursement caps, excluding

17  rural hospitals.

18         2.  Recognition of the costs of graduate medical

19  education.

20         3.  Other methodologies recognized in the General

21  Appropriations Act.

22

23  During the years funds are transferred from the Board of

24  Regents, any reimbursement supported by such funds shall be

25  subject to certification by the Board of Regents that the

26  hospital has complied with s. 381.0403. The agency is

27  authorized to receive funds from state entities, including,

28  but not limited to, the Board of Regents, local governments,

29  and other local political subdivisions, for the purpose of

30  making special exception payments, including federal matching

31  funds, through the Medicaid inpatient reimbursement


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    SB 2002                                        First Engrossed



  1  methodologies. Funds received from state entities or local

  2  governments for this purpose shall be separately accounted for

  3  and shall not be commingled with other state or local funds in

  4  any manner. Notwithstanding this section and s. 409.915,

  5  counties are exempt from contributing toward the cost of the

  6  special exception reimbursement for hospitals serving a

  7  disproportionate share of low-income persons and providing

  8  graduate medical education.

  9         (2)

10         (b)  Subject to any limitations or directions provided

11  for in the General Appropriations Act, the agency shall

12  establish and implement a Florida Title XIX Long-Term Care

13  Reimbursement Plan (Medicaid) for nursing home care in order

14  to provide care and services in conformance with the

15  applicable state and federal laws, rules, regulations, and

16  quality and safety standards and to ensure that individuals

17  eligible for medical assistance have reasonable geographic

18  access to such care. The agency shall not provide for any

19  increases in reimbursement rates to nursing homes associated

20  with changes in ownership filed on or after January 1, 2002.

21  Under the plan, interim rate adjustments shall not be granted

22  to reflect increases in the cost of general or professional

23  liability insurance for nursing homes unless the following

24  criteria are met: have at least a 65 percent Medicaid

25  utilization in the most recent cost report submitted to the

26  agency, and the increase in general or professional liability

27  costs to the facility for the most recent policy period

28  affects the total Medicaid per diem by at least 5 percent.

29  This rate adjustment shall not result in the per diem

30  exceeding the class ceiling. This provision shall apply only

31  to fiscal year 2000-2001 and shall be implemented to the


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  1  extent existing appropriations are available. The agency shall

  2  report to the Governor, the Speaker of the House of

  3  Representatives, and the President of the Senate by December

  4  31, 2000, on the cost of liability insurance for Florida

  5  nursing homes for fiscal years 1999 and 2000 and the extent to

  6  which these costs are not being compensated by the Medicaid

  7  program. Medicaid-participating nursing homes shall be

  8  required to report to the agency information necessary to

  9  compile this report. Effective no earlier than the

10  rate-setting period beginning April 1, 1999, the agency shall

11  establish a case-mix reimbursement methodology for the rate of

12  payment for long-term care services for nursing home

13  residents. The agency shall compute a per diem rate for

14  Medicaid residents, adjusted for case mix, which is based on a

15  resident classification system that accounts for the relative

16  resource utilization by different types of residents and which

17  is based on level-of-care data and other appropriate data. The

18  case-mix methodology developed by the agency shall take into

19  account the medical, behavioral, and cognitive deficits of

20  residents. In developing the reimbursement methodology, the

21  agency shall evaluate and modify other aspects of the

22  reimbursement plan as necessary to improve the overall

23  effectiveness of the plan with respect to the costs of patient

24  care, operating costs, and property costs. In the event

25  adequate data are not available, the agency is authorized to

26  adjust the patient's care component or the per diem rate to

27  more adequately cover the cost of services provided in the

28  patient's care component. The agency shall work with the

29  Department of Elderly Affairs, the Florida Health Care

30  Association, and the Florida Association of Homes for the

31  Aging in developing the methodology. It is the intent of the


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    SB 2002                                        First Engrossed



  1  Legislature that the reimbursement plan achieve the goal of

  2  providing access to health care for nursing home residents who

  3  require large amounts of care while encouraging diversion

  4  services as an alternative to nursing home care for residents

  5  who can be served within the community. The agency shall base

  6  the establishment of any maximum rate of payment, whether

  7  overall or component, on the available moneys as provided for

  8  in the General Appropriations Act. The agency may base the

  9  maximum rate of payment on the results of scientifically valid

10  analysis and conclusions derived from objective statistical

11  data pertinent to the particular maximum rate of payment.

12         (4)  Subject to any limitations or directions provided

13  for in the General Appropriations Act, alternative health

14  plans, health maintenance organizations, and prepaid health

15  plans shall be reimbursed a fixed, prepaid amount negotiated,

16  or competitively bid pursuant to s. 287.057, by the agency and

17  prospectively paid to the provider monthly for each Medicaid

18  recipient enrolled.  The amount may not exceed the average

19  amount the agency determines it would have paid, based on

20  claims experience, for recipients in the same or similar

21  category of eligibility.  The agency shall calculate

22  capitation rates on a regional basis and, beginning September

23  1, 1995, shall include age-band differentials in such

24  calculations. Effective July 1, 2001, the cost of exempting

25  statutory teaching hospitals, specialty hospitals, and

26  community hospital education program hospitals from

27  reimbursement ceilings and the cost of special Medicaid

28  payments shall not be included in premiums paid to health

29  maintenance organizations or prepaid health care plans.

30         (9)  A provider of home health care services or of

31  medical supplies and appliances shall be reimbursed on the


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    SB 2002                                        First Engrossed



  1  basis of competitive bidding or for the lesser of the amount

  2  billed by the provider or the agency's established maximum

  3  allowable amount, except that, in the case of the rental of

  4  durable medical equipment, the total rental payments may not

  5  exceed the purchase price of the equipment over its expected

  6  useful life or the agency's established maximum allowable

  7  amount, whichever amount is less.

  8         (11)  A provider of independent laboratory services

  9  shall be reimbursed on the basis of competitive bidding or for

10  the least of the amount billed by the provider, the provider's

11  usual and customary charge, or the Medicaid maximum allowable

12  fee established by the agency.

13         (13)  Medicare premiums for persons eligible for both

14  Medicare and Medicaid coverage shall be paid at the rates

15  established by Title XVIII of the Social Security Act.  For

16  Medicare services rendered to Medicaid-eligible persons,

17  Medicaid shall pay Medicare deductibles and coinsurance as

18  follows:

19         (a)  Medicaid shall make no payment toward deductibles

20  and coinsurance for any service that is not covered by

21  Medicaid.

22         (b)  Medicaid's financial obligation for deductibles

23  and coinsurance payments shall be based on Medicare allowable

24  fees, not on a provider's billed charges.

25         (c)  Medicaid will pay no portion of Medicare

26  deductibles and coinsurance when payment that Medicare has

27  made for the service equals or exceeds what Medicaid would

28  have paid if it had been the sole payor.  The combined payment

29  of Medicare and Medicaid shall not exceed the amount Medicaid

30  would have paid had it been the sole payor. The Legislature

31  finds that there has been confusion regarding the


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    SB 2002                                        First Engrossed



  1  reimbursement for services rendered to dually eligible

  2  Medicare beneficiaries. Accordingly, the Legislature clarifies

  3  that it has always been the intent of the Legislature before

  4  and after 1991 that, in reimbursing in accordance with fees

  5  established by Title XVIII for premiums, deductibles, and

  6  coinsurance for Medicare services rendered by physicians to

  7  Medicaid eligible persons, physicians be reimbursed at the

  8  lesser of the amount billed by the physician or the Medicaid

  9  maximum allowable fee established by the Agency for Health

10  Care Administration, as is permitted by federal law. It has

11  never been the intent of the Legislature with regard to such

12  services rendered by physicians that Medicaid be required to

13  provide any payment for deductibles, coinsurance, or

14  copayments for Medicare cost sharing, or any expenses incurred

15  relating thereto, in excess of the payment amount provided for

16  under the State Medicaid plan for such service. This payment

17  methodology is applicable even in those situations in which

18  the payment for Medicare cost sharing for a qualified Medicare

19  beneficiary with respect to an item or service is reduced or

20  eliminated. This expression of the Legislature is in

21  clarification of existing law and shall apply to payment for,

22  and with respect to provider agreements with respect to, items

23  or services furnished on or after the effective date of this

24  act. This paragraph applies to payment by Medicaid for items

25  and services furnished before the effective date of this act

26  if such payment is the subject of a lawsuit that is based on

27  the provisions of this section, and that is pending as of, or

28  is initiated after, the effective date of this act.

29         (d)  Notwithstanding The following provisions are

30  exceptions to paragraphs (a)-(c):

31


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    SB 2002                                        First Engrossed



  1         1.  Medicaid payments for Nursing Home Medicare part A

  2  coinsurance shall be the lesser of the Medicare coinsurance

  3  amount or the Medicaid nursing home per diem rate.

  4         2.  Medicaid shall pay all deductibles and coinsurance

  5  for Nursing Home Medicare part B services.

  6         2.3.  Medicaid shall pay all deductibles and

  7  coinsurance for Medicare-eligible recipients receiving

  8  freestanding end stage renal dialysis center services.

  9         4.  Medicaid shall pay all deductibles and coinsurance

10  for hospital outpatient Medicare part B services.

11         3.5.  Medicaid payments for general hospital inpatient

12  services shall be limited to the Medicare deductible per spell

13  of illness.  Medicaid shall make no payment toward coinsurance

14  for Medicare general hospital inpatient services.

15         4.6.  Medicaid shall pay all deductibles and

16  coinsurance for Medicare emergency transportation services

17  provided by ambulances licensed pursuant to chapter 401.

18         (14)  A provider of prescribed drugs shall be

19  reimbursed on the basis of competitive bidding or for the

20  least of the amount billed by the provider, the provider's

21  usual and customary charge, or the Medicaid maximum allowable

22  fee established by the agency, plus a dispensing fee. The

23  agency is directed to implement a variable dispensing fee for

24  payments for prescribed medicines while ensuring continued

25  access for Medicaid recipients.  The variable dispensing fee

26  may be based upon, but not limited to, either or both the

27  volume of prescriptions dispensed by a specific pharmacy

28  provider and the volume of prescriptions dispensed to an

29  individual recipient. The agency is authorized to limit

30  reimbursement for prescribed medicine in order to comply with

31  any limitations or directions provided for in the General


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    SB 2002                                        First Engrossed



  1  Appropriations Act, which may include implementing a

  2  prospective or concurrent utilization review program.

  3         (18)  Unless otherwise provided for in the General

  4  Appropriations Act, a provider of transportation services

  5  shall be reimbursed the lesser of the amount billed by the

  6  provider or the Medicaid maximum allowable fee established by

  7  the agency, except when the agency has entered into a direct

  8  contract with the provider, or with a community transportation

  9  coordinator, for the provision of an all-inclusive service, or

10  when services are provided pursuant to an agreement negotiated

11  between the agency and the provider.  The agency, as provided

12  for in s. 427.0135, shall purchase transportation services

13  through the community coordinated transportation system, if

14  available, unless the agency determines a more cost-effective

15  method for Medicaid clients. Nothing in this subsection shall

16  be construed to limit or preclude the agency from contracting

17  for services using a prepaid capitation rate or from

18  establishing maximum fee schedules, individualized

19  reimbursement policies by provider type, negotiated fees,

20  prior authorization, competitive bidding, increased use of

21  mass transit, or any other mechanism that the agency considers

22  efficient and effective for the purchase of services on behalf

23  of Medicaid clients, including implementing a transportation

24  eligibility process. The agency shall not be required to

25  contract with any community transportation coordinator or

26  transportation operator that has been determined by the

27  agency, the Department of Legal Affairs Medicaid Fraud Control

28  Unit, or any other state or federal agency to have engaged in

29  any abusive or fraudulent billing activities. The agency is

30  authorized to competitively procure transportation services or

31  make other changes necessary to secure approval of federal


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    SB 2002                                        First Engrossed



  1  waivers needed to permit federal financing of Medicaid

  2  transportation services at the service matching rate rather

  3  than the administrative matching rate.

  4         Section 18.  The amendment of section 409.908(1)(a),

  5  (2)(b), (4), (9), (11), (13), (14), and (19), Florida

  6  Statutes, by this act shall expire July 1, 2002, and the text

  7  of those paragraphs and subsections shall revert to that in

  8  existence on June 30, 2001, except that any amendments to such

  9  text exacted other than by this act shall be preserved and

10  continue to operate to the extent that such amendments are not

11  dependent upon the portions of such text which expire pursuant

12  to the provisions of this act. The Division of Statutory

13  Revision of the Office of Legislative Services shall include

14  in an appropriate reviser's bill any amendments to such

15  subsection which are necessary to give effect to the

16  legislative intent expressed in this section.

17         Section 19.  In order to implement Specific

18  Appropriation 267 of the 2001-2002 General Appropriations Act,

19  section 409.91195, Florida Statutes, is amended to read:

20         409.91195  Medicaid Pharmaceutical and Therapeutics

21  Committee; restricted drug formulary.--There is created a

22  Medicaid Pharmaceutical and Therapeutics Committee for the

23  purpose of developing a restricted drug formulary. The

24  committee shall develop and implement a voluntary Medicaid

25  preferred prescribed drug designation program. The program

26  established under this section shall provide information to

27  Medicaid providers on medically appropriate and cost-efficient

28  prescription drug therapies through the development and

29  publication of a restricted drug formulary voluntary Medicaid

30  preferred prescribed-drug list.

31


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  1         (1)  The Medicaid Pharmaceutical and Therapeutics

  2  Committee shall be comprised of nine members as specified in

  3  42 U.S.C. s. 1396 appointed as follows:  one practicing

  4  physician licensed under chapter 458, appointed by the Speaker

  5  of the House of Representatives from a list of recommendations

  6  from the Florida Medical Association; one practicing physician

  7  licensed under chapter 459, appointed by the Speaker of the

  8  House of Representatives from a list of recommendations from

  9  the Florida Osteopathic Medical Association; one practicing

10  physician licensed under chapter 458, appointed by the

11  President of the Senate from a list of recommendations from

12  the Florida Academy of Family Physicians; one practicing

13  podiatric physician licensed under chapter 461, appointed by

14  the President of the Senate from a list of recommendations

15  from the Florida Podiatric Medical Association; one trauma

16  surgeon licensed under chapter 458, appointed by the Speaker

17  of the House of Representatives from a list of recommendations

18  from the American College of Surgeons; one practicing dentist

19  licensed under chapter 466, appointed by the President of the

20  Senate from a list of recommendations from the Florida Dental

21  Association; one practicing pharmacist licensed under chapter

22  465, appointed by the Governor from a list of recommendations

23  from the Florida Pharmacy Association; one practicing

24  pharmacist licensed under chapter 465, appointed by the

25  Governor from a list of recommendations from the Florida

26  Society of Health System Pharmacists; and one health care

27  professional with expertise in clinical pharmacology appointed

28  by the Governor from a list of recommendations from the

29  Pharmaceutical Research and Manufacturers Association. The

30  members shall be appointed to serve for terms of 2 years from

31  the date of their appointment. Members may be appointed to


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    SB 2002                                        First Engrossed



  1  more than one term. The Agency for Health Care Administration

  2  shall serve as staff for the committee and assist them with

  3  all ministerial duties.

  4         (2)  With the advice of Upon recommendation by the

  5  committee, the Agency for Health Care Administration shall

  6  establish a restricted drug formulary the voluntary Medicaid

  7  preferred prescribed-drug list. Upon further recommendation by

  8  the committee, the agency shall add to, delete from, or modify

  9  the list. The committee shall also review requests for

10  additions to, deletions from, or modifications of the

11  formulary as presented to it by the agency; and, upon further

12  recommendation by the committee, the agency shall add to,

13  delete from, or modify the formulary as appropriate list. The

14  list shall be adopted by the committee in consultation with

15  medical specialists, when appropriate, using the following

16  criteria:  use of the list shall be voluntary by providers and

17  the list must provide for medically appropriate drug therapies

18  for Medicaid patients which achieve cost savings in the

19  Medicaid program.

20         (3)  The Agency for Health Care Administration shall

21  publish and disseminate the restricted drug formulary

22  voluntary Medicaid preferred prescribed drug list to all

23  Medicaid prescribing providers in the state.

24         Section 20.  The amendment of section 409.91195,

25  Florida Statutes, by this act shall expire July 1, 2002, and

26  the text of that section shall revert to that in existence on

27  June 30, 2001, except that any amendments to such text exacted

28  other than by this act shall be preserved and continue to

29  operate to the extent that such amendments are not dependent

30  upon the portions of such text which expire pursuant to the

31  provisions of this act. The Division of Statutory Revision of


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  1  the Office of Legislative Services shall include in an

  2  appropriate reviser's bill any amendments to such subsection

  3  which are necessary to give effect to the legislative intent

  4  expressed in this section.

  5         Section 21.  In order to implement Specific

  6  Appropriations 241-277 of the 2001-2002 General Appropriations

  7  Act, subsections (34) and (37) of section 409.912, Florida

  8  Statutes, are amended to read:

  9         409.912  Cost-effective purchasing of health care.--The

10  agency shall purchase goods and services for Medicaid

11  recipients in the most cost-effective manner consistent with

12  the delivery of quality medical care.  The agency shall

13  maximize the use of prepaid per capita and prepaid aggregate

14  fixed-sum basis services when appropriate and other

15  alternative service delivery and reimbursement methodologies,

16  including competitive bidding pursuant to s. 287.057, designed

17  to facilitate the cost-effective purchase of a case-managed

18  continuum of care. The agency shall also require providers to

19  minimize the exposure of recipients to the need for acute

20  inpatient, custodial, and other institutional care and the

21  inappropriate or unnecessary use of high-cost services.

22         (34)  The agency may provide for cost-effective

23  purchasing of home health services, private duty nursing

24  services, transportation, independent laboratory services,

25  durable medical equipment and supplies, and prescribed drug

26  services through competitive bidding negotiation pursuant to

27  s. 287.057. The agency may request appropriate waivers from

28  the federal Health Care Financing Administration in order to

29  competitively bid such home health services. The agency may

30  exclude providers not selected through the bidding process

31  from the Medicaid provider network.


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    SB 2002                                        First Engrossed



  1         (37)(a)  The agency shall implement a Medicaid

  2  prescribed-drug spending-control program that includes the

  3  following components:

  4         1.  Medicaid prescribed-drug coverage for brand-name

  5  drugs for adult Medicaid recipients not residing in nursing

  6  homes or other institutions is limited to the dispensing of

  7  four brand-name drugs per month per recipient. Children and

  8  institutionalized adults are exempt from this restriction.

  9  Antiretroviral agents are excluded from this limitation. No

10  requirements for prior authorization or other restrictions on

11  medications used to treat mental illnesses such as

12  schizophrenia, severe depression, or bipolar disorder may be

13  imposed on Medicaid recipients. Medications that will be

14  available without restriction for persons with mental

15  illnesses include atypical antipsychotic medications,

16  conventional antipsychotic medications, selective serotonin

17  reuptake inhibitors, and other medications used for the

18  treatment of serious mental illnesses. The agency shall also

19  limit the amount of a prescribed drug dispensed to no more

20  than a 34-day supply. The agency shall continue to provide

21  unlimited generic drugs, contraceptive drugs and items, and

22  diabetic supplies. The agency may authorize exceptions to the

23  brand-name-drug restriction or to the restricted drug

24  formulary, based upon the treatment needs of the patients,

25  only when such exceptions are based on prior consultation

26  provided by the agency or an agency contractor, but the agency

27  must establish procedures to ensure that:

28         a.  There will be a response to a request for prior

29  consultation by telephone or other telecommunication device

30  within 24 hours after receipt of a request for prior

31  consultation; and


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  1         b.  A 72-hour supply of the drug prescribed will be

  2  provided in an emergency or when the agency does not provide a

  3  response within 24 hours as required by sub-subparagraph a.

  4         2.  Reimbursement to pharmacies for Medicaid prescribed

  5  drugs shall be set at the average wholesale price less 13.25

  6  percent or based on competitive bid in counties with more than

  7  35 Medicaid participating pharmacies.

  8         3.  The agency shall develop and implement a process

  9  for managing the drug therapies of Medicaid recipients who are

10  using significant numbers of prescribed drugs each month. The

11  management process may include, but is not limited to,

12  comprehensive, physician-directed medical-record reviews,

13  claims analyses, and case evaluations to determine the medical

14  necessity and appropriateness of a patient's treatment plan

15  and drug therapies. The agency may contract with a private

16  organization to provide drug-program-management services.

17         4.  The agency may limit the size of its pharmacy

18  network based on need, competitive bidding, price

19  negotiations, credentialing, or similar criteria. The agency

20  shall give special consideration to rural areas in determining

21  the size and location of pharmacies included in the Medicaid

22  pharmacy network. A pharmacy credentialing process may include

23  criteria such as a pharmacy's full-service status, location,

24  size, patient educational programs, patient consultation,

25  disease-management services, and other characteristics. The

26  agency may impose a moratorium on Medicaid pharmacy enrollment

27  when it is determined that it has a sufficient number of

28  Medicaid-participating providers.

29         5.  The agency shall develop and implement a program

30  that requires Medicaid practitioners who prescribe drugs to

31  use a counterfeit-proof prescription pad for Medicaid


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    SB 2002                                        First Engrossed



  1  prescriptions. The agency shall require the use of

  2  standardized counterfeit-proof prescription pads by

  3  Medicaid-participating prescribers. The agency may implement

  4  the program in targeted geographic areas or statewide.

  5         6.  The agency may enter into arrangements that require

  6  manufacturers of generic drugs prescribed to Medicaid

  7  recipients to provide rebates of at least 15.1 percent of the

  8  average manufacturer price for the manufacturer's generic

  9  products. These arrangements shall require that if a

10  generic-drug manufacturer pays federal rebates for

11  Medicaid-reimbursed drugs at a level below 15.1 percent, the

12  manufacturer must provide a supplemental rebate to the state

13  in an amount necessary to achieve a 15.1-percent rebate level.

14  If a generic-drug manufacturer raises its price in excess of

15  the Consumer Price Index (Urban), the excess amount shall be

16  included in the supplemental rebate to the state.

17         7.  The agency may establish a restricted drug

18  formulary in accordance with 42 U.S.C. s. 1396r, and, pursuant

19  to the establishment of such formulary, it is authorized to

20  negotiate supplemental rebates from manufacturers at no less

21  than 10 percent of the average manufacturer price as defined

22  in 42 U.S.C. s. 1936 on the last day of the quarter unless the

23  federal or supplemental rebate, or both, exceeds 25 percent

24  and the agency determines the product competitive. The agency

25  may determine that specific generic products are competitive

26  at lower rebate percentages.

27         (b)  The agency shall implement this subsection to the

28  extent that funds are appropriated to administer the Medicaid

29  prescribed-drug spending-control program. The agency may

30  contract all or any part of this program to private

31  organizations.


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  1         (c)  The agency shall submit a report to the Governor,

  2  the President of the Senate, and the Speaker of the House of

  3  Representatives by January 15 of each year. The report must

  4  include, but need not be limited to, the progress made in

  5  implementing Medicaid cost-containment measures and their

  6  effect on Medicaid prescribed-drug expenditures.

  7         Section 22.  The amendment of subsections 409.912(34)

  8  and (37), Florida Statutes, by this act shall expire July 1,

  9  2002, and the text of those subsections shall revert to that

10  in existence on June 30, 2001, except that any amendments to

11  such text exacted other than by this act shall be preserved

12  and continue to operate to the extent that such amendments are

13  not dependent upon the portions of such text which expire

14  pursuant to the provisions of this act. The Division of

15  Statutory Revision of the Office of Legislative Services shall

16  include in an appropriate reviser's bill any amendments to

17  such subsection which are necessary to give effect to the

18  legislative intent expressed in this section.

19         Section 23.  In order to implement Specific

20  Appropriations 241-277 of the 2001-2002 General Appropriations

21  Act, subsection (2) of section 409.904, Florida Statutes, is

22  amended to read:

23         409.904  Optional payments for eligible persons.--The

24  agency may make payments for medical assistance and related

25  services on behalf of the following persons who are determined

26  to be eligible subject to the income, assets, and categorical

27  eligibility tests set forth in federal and state law.  Payment

28  on behalf of these Medicaid eligible persons is subject to the

29  availability of moneys and any limitations established by the

30  General Appropriations Act or chapter 216.

31


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    SB 2002                                        First Engrossed



  1         (2)  A family, a pregnant woman, a child under age 18,

  2  a person age 65 or over, or a blind or disabled person who

  3  would be eligible under any group listed in s. 409.903(1),

  4  (2), or (3), except that the income or assets of such family

  5  or person exceed established limitations. For a family or

  6  person in this group, medical expenses are deductible from

  7  income in accordance with federal requirements in order to

  8  make a determination of eligibility.  A family or person in

  9  this group, which group is known as the "medically needy," is

10  eligible to receive the same services as other Medicaid

11  recipients, with the exception of services in skilled nursing

12  facilities; and intermediate care facilities for the

13  developmentally disabled; inpatient hospital services; home

14  health services; private duty nursing; and adult dental,

15  visual, and hearing services, to the extent such services may

16  be limited under federal law and regulation.

17         Section 24.  The amendment of subsection 409.904(2),

18  Florida Statutes, by this act shall expire July 1, 2002, and

19  the text of that subsection shall revert to that in existence

20  on June 30, 2001, except that any amendments to such text

21  exacted other than by this act shall be preserved and continue

22  to operate to the extent that such amendments are not

23  dependent upon the portions of such text which expire pursuant

24  to the provisions of this act. The Division of Statutory

25  Revision of the Office of Legislative Services shall include

26  in an appropriate reviser's bill any amendments to such

27  subsection which are necessary to give effect to the

28  legislative intent expressed in this section.

29         Section 25.  In order to implement Specific

30  Appropriation 232 of the 2001-2002 General Appropriations Act,

31


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  1  subsection (26) is added to section 409.913, Florida Statutes,

  2  to read:

  3         409.913  Oversight of the integrity of the Medicaid

  4  program.--The agency shall operate a program to oversee the

  5  activities of Florida Medicaid recipients, and providers and

  6  their representatives, to ensure that fraudulent and abusive

  7  behavior and neglect of recipients occur to the minimum extent

  8  possible, and to recover overpayments and impose sanctions as

  9  appropriate.

10         (26)(a)  The Agency for Health Care Administration

11  shall develop and implement a pilot program to prevent

12  Medicaid fraud and abuse in Medicaid-participating pharmacies

13  by using a type of automated fingerprint imaging of Medicaid

14  beneficiaries eligible under this chapter.

15         (b)  In adopting rules under this subsection, the

16  agency shall ensure that any automated fingerprint imaging

17  performed by the agency is used only to prevent fraud and

18  abuse of pharmacy benefits by Medicaid beneficiaries and is in

19  compliance with state and federal disclosure requirements.

20         (c)  The agency shall prepare, by October 2001, a plan

21  for implementation of this program. Implementation shall begin

22  with a pilot of the program in one or more areas of the state

23  by April 1, 2002. Pilot evaluation results shall be used to

24  determine the method of statewide expansion.

25         (d)  The agency shall request any federal waivers

26  necessary to implement the program within the limits described

27  in this subsection.

28         (e)  This subsection expires July 1, 2002.

29         Section 26.  In order to implement Specific

30  Appropriations 245 and 246 of the 2001-2002 General

31


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  1  Appropriations Act, subsection (8) of section 409.906, Florida

  2  Statutes, is amended to read:

  3         409.906  Optional Medicaid services.--Subject to

  4  specific appropriations, the agency may make payments for

  5  services which are optional to the state under Title XIX of

  6  the Social Security Act and are furnished by Medicaid

  7  providers to recipients who are determined to be eligible on

  8  the dates on which the services were provided.  Any optional

  9  service that is provided shall be provided only when medically

10  necessary and in accordance with state and federal law.

11  Nothing in this section shall be construed to prevent or limit

12  the agency from adjusting fees, reimbursement rates, lengths

13  of stay, number of visits, or number of services, or making

14  any other adjustments necessary to comply with the

15  availability of moneys and any limitations or directions

16  provided for in the General Appropriations Act or chapter 216.

17  If necessary to safeguard the state's systems of providing

18  services to elderly and disabled persons and subject to the

19  notice and review provisions of s. 216.177, the Governor may

20  direct the Agency for Health Care Administration to amend the

21  Medicaid state plan to delete the optional Medicaid service

22  known as "Intermediate Care Facilities for the Developmentally

23  Disabled."  Optional services may include:

24         (8)  COMMUNITY MENTAL HEALTH SERVICES.--

25         (a)  The agency may pay for rehabilitative services

26  provided to a recipient by a mental health or substance abuse

27  provider licensed by the agency and under contract with the

28  agency or the Department of Children and Family Services to

29  provide such services.  Those services which are psychiatric

30  in nature shall be rendered or recommended by a psychiatrist,

31  and those services which are medical in nature shall be


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    SB 2002                                        First Engrossed



  1  rendered or recommended by a physician or psychiatrist. The

  2  agency must develop a provider enrollment process for

  3  community mental health providers which bases provider

  4  enrollment on an assessment of service need. The provider

  5  enrollment process shall be designed to control costs, prevent

  6  fraud and abuse, consider provider expertise and capacity, and

  7  assess provider success in managing utilization of care and

  8  measuring treatment outcomes. Providers will be selected

  9  through a competitive procurement or selective contracting

10  process. In addition to other community mental health

11  providers, the agency shall consider for enrollment mental

12  health programs licensed under chapter 395 and group practices

13  licensed under chapter 458, chapter 459, chapter 490, or

14  chapter 491. The agency is also authorized to continue

15  operation of its behavioral health utilization management

16  program and may develop new services if these actions are

17  necessary to ensure savings from the implementation of the

18  utilization management system. The agency shall coordinate the

19  implementation of this enrollment process with the Department

20  of Children and Family Services and the Department of Juvenile

21  Justice. The agency is authorized to utilize diagnostic

22  criteria in setting reimbursement rates, to preauthorize

23  certain high-cost or highly utilized services, to limit or

24  eliminate coverage for certain services, or to make any other

25  adjustments necessary to comply with any limitations or

26  directions provided for in the General Appropriations Act.

27         (b)  The agency is authorized to implement

28  reimbursement and use management reforms in order to comply

29  with any limitations or directions in the General

30  Appropriations Act, which may include, but are not limited to:

31  prior authorization of treatment and service plans; prior


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  1  authorization of services: enhanced use review programs for

  2  highly used services; and limits on services for those

  3  determined to be abusing their benefit coverages. This

  4  paragraph expires July 1, 2002.

  5         Section 27.  In order to implement Specific

  6  Appropriation 254 of the 2001-2002 General Appropriations Act,

  7  paragraph (g) is added to subsection (3) of section 409.912,

  8  Florida Statutes, to read:

  9         409.912  Cost-effective purchasing of health care.--The

10  agency shall purchase goods and services for Medicaid

11  recipients in the most cost-effective manner consistent with

12  the delivery of quality medical care.  The agency shall

13  maximize the use of prepaid per capita and prepaid aggregate

14  fixed-sum basis services when appropriate and other

15  alternative service delivery and reimbursement methodologies,

16  including competitive bidding pursuant to s. 287.057, designed

17  to facilitate the cost-effective purchase of a case-managed

18  continuum of care. The agency shall also require providers to

19  minimize the exposure of recipients to the need for acute

20  inpatient, custodial, and other institutional care and the

21  inappropriate or unnecessary use of high-cost services.

22         (3)  The agency may contract with:

23         (g)  Children's clinic networks that provide care

24  coordination and care management for Medicaid-eligible

25  pediatric patients, primary care, authorization or specialty

26  care, and other urgent and emergency care through organized

27  clinics designed to service Medicaid eligibles under age 18.

28  The networks shall provide after-hour operations, including

29  evening and weekend hours, to promote, when appropriate, the

30  use of the children's clinics rather than hospital emergency

31  departments. This paragraph expires July 1, 2002.


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  1         Section 28.  In order to implement Specific

  2  Appropriations 254, 289, and 290 of the 2001-2002 General

  3  Appropriations Act, paragraph (f) of subsection (2) of section

  4  409.9122, Florida Statutes, is amended to read:

  5         409.9122  Mandatory Medicaid managed care enrollment;

  6  programs and procedures.--

  7         (2)

  8         (f)  When a Medicaid recipient does not choose a

  9  managed care plan or MediPass provider, the agency shall

10  assign the Medicaid recipient to a managed care plan or

11  MediPass provider. Medicaid recipients who are subject to

12  mandatory assignment but who fail to make a choice shall be

13  assigned to managed care plans or provider service networks

14  until an equal enrollment of 50 percent in MediPass and

15  provider service networks and 50 percent in managed care plans

16  is achieved.  Once equal enrollment is achieved, the

17  assignments shall be divided in order to maintain an equal

18  enrollment in MediPass and managed care plans for the

19  2001-2002 1998-1999 fiscal year. Thereafter, assignment of

20  Medicaid recipients who fail to make a choice shall be based

21  proportionally on the preferences of recipients who have made

22  a choice in the previous period. Such proportions shall be

23  revised at least quarterly to reflect an update of the

24  preferences of Medicaid recipients. The agency shall also

25  disproportionately assign Medicaid-eligible children in

26  families who are required to but have failed to make a choice

27  of managed-care plan or MediPass for their child and who are

28  to be assigned to the MediPass program to children's clinic

29  networks as described in s. 409.912(3)(g) and where available.

30  The disproportionate assignment of children to children's

31  clinic networks shall be made until the agency has determined


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  1  that the children's clinic networks have sufficient numbers to

  2  be economically operated. When making assignments, the agency

  3  shall take into account the following criteria:

  4         1.  A managed care plan has sufficient network capacity

  5  to meet the need of members.

  6         2.  The managed care plan or MediPass has previously

  7  enrolled the recipient as a member, or one of the managed care

  8  plan's primary care providers or MediPass providers has

  9  previously provided health care to the recipient.

10         3.  The agency has knowledge that the member has

11  previously expressed a preference for a particular managed

12  care plan or MediPass provider as indicated by Medicaid

13  fee-for-service claims data, but has failed to make a choice.

14         4.  The managed care plan's or MediPass primary care

15  providers are geographically accessible to the recipient's

16  residence.

17         Section 29.  The amendment of paragraph 409.9122(2)(f),

18  Florida Statutes, by this act shall expire July 1, 2002, and

19  the text of that paragraph shall revert to that in existence

20  on June 30, 2001, except that any amendments to such text

21  exacted other than by this act shall be preserved and continue

22  to operate to the extent that such amendments are not

23  dependent upon the portions of such text which expire pursuant

24  to the provisions of this act. The Division of Statutory

25  Revision of the Office of Legislative Services shall include

26  in an appropriate reviser's bill any amendments to such

27  subsection which are necessary to give effect to the

28  legislative intent expressed in this section.

29         Section 30.  In order to implement Specific

30  Appropriations 254, 289, and 290 of the 2001-2002 General

31


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  1  Appropriations Act, paragraph (k) of subsection (2) of section

  2  409.9122, Florida Statutes, is amended to read:

  3         409.9122  Mandatory Medicaid managed care enrollment;

  4  programs and procedures.--

  5         (2)

  6         (k)1.  Notwithstanding the provisions of paragraph (f),

  7  and for the 2000-2001 fiscal year only, when a Medicaid

  8  recipient does not choose a managed care plan or MediPass

  9  provider, the agency shall assign the Medicaid recipient to a

10  managed care plan, except in those counties in which there are

11  fewer than two managed care plans accepting Medicaid

12  enrollees, in which case assignment shall be to a managed care

13  plan or a MediPass provider. Medicaid recipients in counties

14  with fewer than two managed care plans accepting Medicaid

15  enrollees who are subject to mandatory assignment but who fail

16  to make a choice shall be assigned to managed care plans until

17  an equal enrollment of 50 percent in MediPass and provider

18  service networks and 50 percent in managed care plans is

19  achieved. Once equal enrollment is achieved, the assignments

20  shall be divided in order to maintain an equal enrollment in

21  MediPass and managed care plans. When making assignments, the

22  agency shall take into account the following criteria:

23         a.  A managed care plan has sufficient network capacity

24  to meet the need of members.

25         b.  The managed care plan or MediPass has previously

26  enrolled the recipient as a member, or one of the managed care

27  plan's primary care providers or MediPass providers has

28  previously provided health care to the recipient.

29         c.  The agency has knowledge that the member has

30  previously expressed a preference for a particular managed

31


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    SB 2002                                        First Engrossed



  1  care plan or MediPass provider as indicated by Medicaid

  2  fee-for-service claims data, but has failed to make a choice.

  3         d.  The managed care plan's or MediPass primary care

  4  providers are geographically accessible to the recipient's

  5  residence.

  6         e.  The agency has authority to make mandatory

  7  assignments based on quality of service and performance of

  8  managed care plans.

  9         2.  This paragraph expires is repealed on July 1, 2002

10  2001.

11         Section 31.  In order to implement Specific

12  Appropriations 241-290 of the 2001-2002 General Appropriations

13  Act, subsection (9) is added to section 409.904, Florida

14  Statutes, to read:

15         409.904  Optional payments for eligible persons.--The

16  agency may make payments for medical assistance and related

17  services on behalf of the following persons who are determined

18  to be eligible subject to the income, assets, and categorical

19  eligibility tests set forth in federal and state law.  Payment

20  on behalf of these Medicaid eligible persons is subject to the

21  availability of moneys and any limitations established by the

22  General Appropriations Act or chapter 216.

23         (9)  The agency may pay for cancer treatment pursuant

24  to the federal Breast and Cervical Cancer Prevention and

25  Treatment Act of 2000, screened through the National Breast

26  and Cervical Cancer Early Detection program, for eligible

27  women with incomes below 200 percent of the federal poverty

28  level and from ages 50 to 64. This subsection expires July 1,

29  2002.

30         Section 32.  In order to implement Specific

31  Appropriation 349 of the 2001-2002 General Appropriations Act,


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  1  paragraph (a) of subsection (3) of section 39.3065, Florida

  2  Statutes, is amended to read:

  3         39.3065  Sheriffs of certain counties to provide child

  4  protective investigative services; procedures; funding.--

  5         (3)(a)  Beginning in fiscal year 1999-2000, The

  6  sheriffs of Pasco County, Manatee County, Broward County, and

  7  Pinellas County, and Seminole County have the responsibility

  8  to provide all child protective investigations in their

  9  respective counties. Beginning in fiscal year 2000-2001, the

10  Department of Children and Family Services is authorized to

11  enter into grant agreements with sheriffs of other counties to

12  perform child protective investigations in their respective

13  counties.

14         Section 33.  The amendment of paragraph 39.3065(3)(a),

15  Florida Statutes, by this act shall expire July 1, 2002, and

16  the text of that paragraph shall revert to that in existence

17  on June 30, 2001, except that any amendments to such text

18  exacted other than by this act shall be preserved and continue

19  to operate to the extent that such amendments are not

20  dependent upon the portions of such text which expire pursuant

21  to the provisions of this act. The Division of Statutory

22  Revision of the Office of Legislative Services shall include

23  in an appropriate reviser's bill any amendments to such

24  subsection which are necessary to give effect to the

25  legislative intent expressed in this section.

26         Section 34.  In order to implement Specific

27  Appropriation 348 of the 2001-2002 General Appropriations Act,

28  subsection (1) of section 414.045, Florida Statutes, is

29  amended to read:

30         414.045  Cash assistance program.--Cash assistance

31  families include any families receiving cash assistance


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  1  payments from the state program for temporary assistance for

  2  needy families as defined in federal law, whether such funds

  3  are from federal funds, state funds, or commingled federal and

  4  state funds. Cash assistance families may also include

  5  families receiving cash assistance through a program defined

  6  as a separate state program.

  7         (1)  For reporting purposes, families receiving cash

  8  assistance shall be grouped into in the following categories.

  9  The department may develop additional groupings in order to

10  comply with federal reporting requirements, to comply with the

11  data-reporting needs of the board of directors of Workforce

12  Florida, Inc., or to better inform the public of program

13  progress. Program reporting data shall include, but not

14  necessarily be limited to, the following groupings:

15         (a)  Work-eligible cases.--Work-eligible cases shall

16  include:

17         1.  Families containing an adult or a teen head of

18  household, as defined by federal law. These cases are

19  generally subject to the work activity requirements provided

20  in s. 445.024 and the time limitations on benefits provided in

21  s. 414.105.

22         2.  Families with a parent where the parent's needs

23  have been removed from the case due to sanction or

24  disqualification shall be considered work-eligible cases to

25  the extent that such cases are considered in the calculation

26  of federal participation rates or would be counted in such

27  calculation in future months.

28         3.  Families participating in transition assistance

29  programs.

30

31


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    SB 2002                                        First Engrossed



  1         4.  Families otherwise eligible for temporary cash

  2  assistance that receive diversion services, a severance

  3  payment, or participate in the relocation program.

  4         (b)  Child-only cases.--Child-only cases include cases

  5  that do not have an adult or teen head of household as defined

  6  in federal law. Such cases include:

  7         1.  Child-only families with Children in the care of

  8  caretaker relatives where the caretaker relatives choose to

  9  have their needs excluded in the calculation of the amount of

10  cash assistance.

11         2.  Families in the Relative Caregiver Program as

12  provided in s. 39.5085.

13         3.  Families in which the only parent in a

14  single-parent family or both parents in a two-parent family

15  receive supplemental security income (SSI) benefits under

16  Title XVI of the Social Security Act, as amended. To the

17  extent permitted by federal law, individuals receiving SSI

18  shall be excluded as household members in determining the

19  amount of cash assistance, and such cases shall not be

20  considered families containing an adult. Parents or caretaker

21  relatives who are excluded from the cash assistance group due

22  to receipt of SSI may choose to participate in work

23  activities. An individual who volunteers to participate in

24  work activity but whose ability to participate in work

25  activities is limited shall be assigned to work activities

26  consistent with such limitations. An individual who volunteers

27  to participate in a work activity may receive child care or

28  support services consistent with such participation.

29         4.  Families where the only parent in a single-parent

30  family or both parents in a two-parent family are not eligible

31  for cash assistance due to immigration status or other


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  1  limitation requirements of federal law. To the extent required

  2  by federal law, such cases shall not be considered families

  3  containing an adult.

  4         5.  To the extent permitted by federal law and subject

  5  to appropriations, special needs children who have been

  6  adopted pursuant to s. 409.166, and whose adopting family

  7  qualifies as a needy family under the State Plan for Temporary

  8  Assistance for Needy Families. Notwithstanding any provision

  9  to the contrary in s. 414.075, s. 414.085, or s. 414.096, a

10  family shall be considered a needy family if:

11         a.  The family is determined by the department to have

12  an income below 200 percent of the federal poverty level;

13         b.  The family meets the requirements of subsections

14  (2) and (3) of s. 414.095 related to residence, citizenship,

15  or eligible noncitizen status; and

16         c.  The family provides any information necessary to

17  meet federal reporting requirements specified under Part A of

18  Title IV of the Social Security Act.

19

20  Families described in subparagraph 1., subparagraph 2., or

21  subparagraph 3. may receive child care assistance or other

22  supports or services so that the children may continue to be

23  cared for in their own homes or the homes of relatives. Such

24  assistance or services may be funded from the temporary

25  assistance for needy families block grant to the extent

26  permitted under federal law and to the extent permitted by

27  appropriation of funds have been provided in the General

28  Appropriations Act.

29         Section 35.  The amendment of subsection 414.045(1),

30  Florida Statutes, by this act shall expire July 1, 2002, and

31  the text of that subsection shall revert to that in existence


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  1  on June 30, 2001, except that any amendments to such text

  2  exacted other than by this act shall be preserved and continue

  3  to operate to the extent that such amendments are not

  4  dependent upon the portions of such text which expire pursuant

  5  to the provisions of this act. The Division of Statutory

  6  Revision of the Office of Legislative Services shall include

  7  in an appropriate reviser's bill any amendments to such

  8  subsection which are necessary to give effect to the

  9  legislative intent expressed in this section.

10         Section 36.  In order to implement Specific

11  Appropriation 348A of the 2001-2002 General Appropriations

12  Act, it is the intent of the Legislature to improve services

13  and local participation in community-based care initiatives by

14  fostering community support and providing enhanced prevention

15  and in-home services, thereby reducing the risk otherwise

16  faced by lead agencies. Therefore, there is established a

17  community partnership matching grant program to be operated by

18  the Department of Children and Family Services for the purpose

19  of encouraging local participation in community-based care for

20  child welfare. Any children's services council or other local

21  government entity that makes a financial commitment to a

22  community-based care lead agency is eligible for a grant

23  subject to the following conditions: upon proof that the

24  children's services council has provided the selected lead

25  agency at least $825,000 in start-up funds, from any local

26  resources otherwise available to it, the total amount of local

27  contribution may be matched on a two-for-one basis up to a

28  maximum amount of $2 million per council. Awarded matching

29  grant funds may be used for any prevention or in-home services

30  provided by the children's services council or other local

31  government entity that meets


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    SB 2002                                        First Engrossed



  1  temporary-assistance-for-needy-families' eligibility

  2  requirements and can be reasonably expected to reduce the

  3  number of children entering the child welfare system. In order

  4  to ensure necessary flexibility for the development, start-up,

  5  and ongoing operation of community-based care initiatives, the

  6  notice period required for any budget action authorized by the

  7  provisions of section 20.19(5)(b), Florida Statutes, is waived

  8  for the family safety program; however, the Department of

  9  Children and Family Services must provide copies of all such

10  actions to the Executive Office of the Governor and

11  Legislature within 72 hours of their occurrence. Funding

12  available for the matching grant program is subject to

13  legislative appropriation of nonrecurring

14  temporary-assistance-for-needy-families funds provided for the

15  purpose. This sections expires July 1, 2002.

16         Section 37.  In order to implement Specific

17  Appropriations 302-466 of the 2001-2002 General Appropriations

18  Act, for purposes of meeting the maintenance of effort for the

19  temporary-assistance-for-needy-families (TANF) block grant,

20  the Partnership for School Readiness shall ensure that

21  $106,936,783 in state funds are expended in accordance with

22  the federal requirements and limitations of Part A of Title VI

23  of the Social Security Act, as amended. This shall not be

24  construed as a transfer of funds, but rather as authorization

25  to designate these funds as TANF maintenance of effort. Any

26  expenditures of general revenue or other state funds, which

27  are determined by the director of the agency or his or her

28  designee to be qualified state expenditures to meet the

29  maintenance of effort requirement for the

30  temporary-assistance-for-needy-families block grant, must be

31  made in accordance with the federal requirements and


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    SB 2002                                        First Engrossed



  1  limitations of Part A of Title IV of the Social Security Act,

  2  as amended. The director or his or her designee shall certify

  3  to the Department of Children and Family Services that

  4  controls are in place to ensure that such funds are expended

  5  in accordance with the requirements and limitations of federal

  6  law and that any reporting requirements of federal law are

  7  met. If House Bill 977 or similar legislation is enacted, the

  8  Agency for Workforce Innovation or the entity administering

  9  the school readiness program shall ensure that state funds are

10  expended for purposes of meeting the state's maintenance of

11  effort requirement for temporary-assistance-for-needy-families

12  (TANF). Funds are provided in Specific Appropriations 459A and

13  136A (G/A-Child Care-WAGES and G/A-Pre-School Projects) to

14  provide slots for children participating in the school

15  readiness initiative. From these funds, the Agency for

16  Workforce Innovation or administering entity is required to

17  expend at least $77,736,783 of WAGES Child Care funds and

18  $29,200,000 of Pre-Kindergarten funds as maintenance of effort

19  for temporary-assistance-to-needy-family (TANF) funds. It is

20  the responsibility of any entity to which such funds are

21  appropriated to obtain the required certification and

22  documentation prior to any expenditure of funds. This section

23  expires July 1, 2002.

24         Section 38.  In order to implement Specific

25  Appropriations 408 and 410 of the 2001-2002 General

26  Appropriations Act, notwithstanding the provisions of chapter

27  216, Florida Statutes, the Department of Children and Family

28  Services is authorized to transfer funds as necessary to

29  achieve a successful transition of staff between that

30  department and the Department of Juvenile Justice. Such

31  transfers of funds shall only require a 3-day consultation


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    SB 2002                                        First Engrossed



  1  period with the House and Senate Appropriations Committees

  2  prior to their implementation. The Department of Juvenile

  3  Justice is directed to give priority for employment to persons

  4  employed at G. Pierce Wood Memorial Hospital (GPW). The

  5  Departments of Juvenile Justice and Children and Family

  6  Services are also directed to require the contracted

  7  Department of Juvenile Justice programs in the catchment area

  8  in the contracted sexually violent predator program to give

  9  employees from GPW priority for employment. This section

10  expires July 1, 2002.

11         Section 39.  In order to implement Specific

12  Appropriation 3018 of the 2001-2002 General Appropriations

13  Act, paragraph (i) of subsection (2) of section 318.21,

14  Florida Statutes, as amended, is amended to read:

15         318.21  Disposition of civil penalties by county

16  courts.--All civil penalties received by a county court

17  pursuant to the provisions of this chapter shall be

18  distributed and paid monthly as follows:

19         (2)  Of the remainder:

20         (i)  For fiscal year 2001-2002 2000-2001 only, and in

21  lieu of the provisions of paragraph (a), five and six-tenths

22  percent shall be paid to the General Revenue Fund of the

23  state, except that the first $300,000 shall be deposited into

24  the Grants and Donations Trust Fund in the state courts system

25  for administrative costs, training costs, and costs associated

26  with the implementation and maintenance of Florida foster care

27  citizen review panels as provided for in s. 39.702. This

28  paragraph expires is repealed on July 1, 2002 2001.

29         Section 40.  In order to implement Specific

30  Appropriation 2967 of the 2001-2002 General Appropriations

31


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    SB 2002                                        First Engrossed



  1  Act, subsection (8) of section 925.037, Florida Statutes, is

  2  amended to read:

  3         925.037  Reimbursement of counties for fees paid to

  4  appointed counsel; circuit conflict committees.--

  5         (8)  Notwithstanding any other provision of this

  6  section to the contrary, and for the 2001-2002 2000-2001

  7  fiscal year only, funds allocated pursuant to this section

  8  shall be distributed to the counties in the designated

  9  circuits by the state courts system. This subsection expires

10  is repealed on July 1, 2002 2001.

11         Section 41.  In order to implement Specific

12  Appropriations 862-1126A of the 2001-2002 General

13  Appropriations Act, section 25.402, Florida Statutes, is

14  amended to read:

15         25.402  County Article V Trust Fund.--

16         (1)(a)  The trust fund moneys in the County Article V

17  Trust Fund, administered by the Supreme Court, may must be

18  used to compensate counties for the costs they incur under

19  Article V of the State Constitution in operating the state

20  courts system, including the costs they incur in providing and

21  maintaining court facilities.

22         (b)  The Supreme Court shall adopt an allocation and

23  disbursement plan for the operation of the trust fund and the

24  expenditure of moneys deposited in the trust fund. The Supreme

25  Court shall include the plan in its legislative budget

26  request. A committee of 15 people shall develop and recommend

27  the allocation and disbursement plan to the Supreme Court. The

28  committee shall be composed of:

29         1.  Six persons appointed by the Florida Association of

30  Counties, as follows:

31


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    SB 2002                                        First Engrossed



  1         a.  Two persons residing in counties with populations

  2  fewer less than 90,000 75,000.

  3         b.  Two persons residing in counties with populations

  4  greater than 89,999 74,999, but fewer less than 700,000.

  5         c.  Two persons residing in counties with populations

  6  greater than 699,999.

  7         2.  Six persons appointed by the Chief Justice of the

  8  Supreme Court, as follows:

  9         a.  Two persons residing in counties with populations

10  fewer less than 90,000 75,000.

11         b.  Two persons residing in counties with populations

12  greater than 89,999 74,999, but fewer less than 700,000.

13         c.  Two persons residing in counties with populations

14  greater than 699,999.

15         3.  Three persons appointed by the Florida Association

16  of Court Clerks and Comptrollers, as follows:

17         a.  One person residing in a county with a population

18  fewer less than 90,000 75,000.

19         b.  One person residing in a county with a population

20  greater than 89,999 74,999, but fewer less than 700,000.

21         c.  One person residing in a county with a population

22  greater than 699,999.

23

24  The allocation and disbursement plan shall include provisions

25  to compensate counties with fewer than 85,000 75,000 residents

26  for court facility needs.

27         (c)  Amendments to the approved operating budget for

28  expenditures from the County Article V Trust Fund must be

29  approved in accordance with the provisions of s. 216.181. The

30  total amount disbursed from the County Article V Trust Fund

31


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    SB 2002                                        First Engrossed



  1  may not exceed the amount authorized by the General

  2  Appropriations Act.

  3         (d)  Effective July 1, 2001 1998, moneys generated from

  4  civil penalties distributed under s. 318.21(2)(h) shall be

  5  deposited in the trust fund for the following purposes:

  6         1.  Funds paid to counties with populations fewer less

  7  than 90,000 75,000 shall be grants-in-aid to be used, in

  8  priority order, for: operating expenditures of the offices of

  9  the state attorneys and public defenders in accordance with

10  Specific Appropriation 2978A; consulting or architectural

11  studies related to the improvement of courthouse facilities;

12  improving court facilities to ensure compliance with the

13  Americans with Disabilities Act and other federal or state

14  requirements; other renovations in court facilities;

15  improvements in court security; and expert witness fees in

16  criminal cases, court reporting and transcribing costs in

17  criminal cases, and costs associated with the appointment of

18  special public defenders.

19         2.  Funds paid to counties with populations exceeding

20  89,999 74,999 shall be grants-in-aid to be used, in priority

21  order, for operating expenditures of the offices of the state

22  attorneys and public defenders in accordance with Specific

23  Appropriation 2978A, costs paid by the county for expert

24  witness fees in criminal cases, court reporting and

25  transcribing costs in criminal cases, and costs associated

26  with the appointment of special public defenders.

27         (2)  This section expires is repealed June 30, 2002.

28         Section 42.  In order to implement Specific

29  Appropriations 681-789 of the 2001-2002 General Appropriations

30  Act, subsection (4) of section 216.262, Florida Statutes, is

31  amended to read:


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    SB 2002                                        First Engrossed



  1         216.262  Authorized positions.--

  2         (4)  Notwithstanding the provisions of this chapter on

  3  increasing the number of authorized positions, and for the

  4  2001-2002 2000-2001 fiscal year only, if the actual inmate

  5  population of the Department of Corrections exceeds by 2

  6  percent for 2 consecutive months or more the inmate population

  7  projected by the Criminal Justice Estimating Conference on

  8  February 16, 2001, March 2, 2000, the Executive Office of the

  9  Governor may request positions in excess of the number

10  authorized by the Legislature and sufficient funding from the

11  Working Capital Fund to operate the additional prison bed

12  capacity necessary to accommodate the actual inmate

13  population. Such request is subject to the budget amendment

14  and consultation provisions of this chapter. This subsection

15  expires is repealed on July 1, 2002 2001.

16         Section 43.  In order to implement Specific

17  Appropriations 333-339 and 1248-1256 of the 2001-2002 General

18  Appropriations Act, subsection (1) of section 938.01, Florida

19  Statutes, as amended by section 39 of chapter 2000-171, Laws

20  of Florida, is amended to read:

21         938.01  Additional Court Cost Clearing Trust Fund.--

22         (1)  All courts created by Art. V of the State

23  Constitution shall, in addition to any fine or other penalty,

24  assess $3 as a court cost against every person convicted for

25  violation of a state penal or criminal statute or convicted

26  for violation of a municipal or county ordinance. Any person

27  whose adjudication is withheld pursuant to the provisions of

28  s. 318.14(9) or (10) shall also be assessed such cost. In

29  addition, $3 from every bond estreature or forfeited bail bond

30  related to such penal statutes or penal ordinances shall be

31  forwarded to the Treasurer as described in this subsection.


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    SB 2002                                        First Engrossed



  1  However, no such assessment may be made against any person

  2  convicted for violation of any state statute, municipal

  3  ordinance, or county ordinance relating to the parking of

  4  vehicles.

  5         (a)  All such costs collected by the courts shall be

  6  remitted to the Department of Revenue, in accordance with

  7  administrative rules adopted by the executive director of the

  8  Department of Revenue, for deposit in the Additional Court

  9  Cost Clearing Trust Fund and shall be earmarked to the

10  Department of Law Enforcement for distribution as follows:

11         1.  Two dollars and seventy-five cents of each $3

12  assessment shall be deposited in the Criminal Justice

13  Standards and Training Trust Fund, and the remaining 25 cents

14  of each such assessment shall be deposited into the Department

15  of Law Enforcement Operating Trust Fund and shall be disbursed

16  to the Department of Law Enforcement.

17         2.  Ninety-two percent of the money distributed to the

18  Additional Court Cost Clearing Trust Fund pursuant to s.

19  318.21 shall be earmarked to the Department of Law Enforcement

20  for deposit in the Criminal Justice Standards and Training

21  Trust Fund, and 8 percent of such money shall be deposited

22  into the Department of Law Enforcement Operating Trust Fund

23  and shall be disbursed to the Department of Law Enforcement.

24         (b)  The funds deposited in the Criminal Justice

25  Standards and Training Trust Fund and the Department of Law

26  Enforcement Operating Trust Fund may be invested. Any interest

27  earned from investing such funds and any unencumbered funds

28  remaining at the end of the budget cycle shall remain in the

29  respective trust fund until the following year.

30         (c)  All funds in the Criminal Justice Standards and

31  Training Trust Fund earmarked to the Department of Law


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    SB 2002                                        First Engrossed



  1  Enforcement shall be disbursed only in compliance with s.

  2  943.25(9).

  3         Section 44.  The amendment of subsection (1) of section

  4  938.01, Florida Statutes, by this act shall expire on July 1,

  5  2002, and the text of that subsection shall revert to that in

  6  existence on June 30, 2000, except that any amendments to such

  7  text enacted other than by this act shall be preserved and

  8  continue to operate to the extent that such amendments are not

  9  dependent upon the portions of such text which expire pursuant

10  to the provisions of this act. The Division of Statutory

11  Revision of the Office of Legislative Services shall include

12  in an appropriate reviser's bill any amendments to such

13  subsection which are necessary to give effect to the

14  legislative intent expressed in this section.

15         Section 45.  In order to implement Specific

16  Appropriations 333-339 and 1248-1256 of the 2001-2002 General

17  Appropriations Act, subsection (1) of section 943.25, Florida

18  Statutes, as amended by section 41 of chapter 2000-171, Laws

19  of Florida, is amended to read:

20         943.25  Criminal justice trust funds; source of funds;

21  use of funds.--

22         (1)  The Department of Law Enforcement may approve, for

23  disbursement from the Department of Law Enforcement Operating

24  Trust Fund, those appropriated sums necessary and required by

25  the state for grant matching, implementing, administering,

26  evaluating, and qualifying for such federal funds.

27  Disbursements from the trust fund for the purpose of

28  supplanting state general revenue funds may not be made

29  without specific legislative appropriation.

30         Section 46.  The amendment of subsection (1) of section

31  943.25, Florida Statutes, by this act shall expire on July 1,


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    SB 2002                                        First Engrossed



  1  2002, and the text of that subsection shall revert to that in

  2  existence on June 30, 2000, except that any amendments to such

  3  text enacted other than by this act shall be preserved and

  4  continue to operate to the extent that such amendments are not

  5  dependent upon the portions of such text which expire pursuant

  6  to the provisions of this act. The Division of Statutory

  7  Revision of the Office of Legislative Services shall include

  8  in an appropriate reviser's bill any amendments to such

  9  subsection which are necessary to give effect to the

10  legislative intent expressed in this section.

11         Section 47.  (1)  In order to implement Specific

12  Appropriations 333-339 and 1248-1256 of the 2001-2002 General

13  Appropriations Act, and for the 2001-2002 fiscal year only,

14  the Criminal Justice Program shall be transferred from the

15  Department of Community Affairs to the Department of Law

16  Enforcement by a type two transfer, pursuant to section

17  20.06(2), Florida Statutes. The Criminal Justice Program so

18  transferred is comprised of the Byrne State and Local Law

19  Enforcement Assistance Program, Local Law Enforcement Block

20  Grants, Drug-Free Communities Program, Residential Substance

21  Abuse Treatment for State Prisoners, the Bulletproof Vest

22  Program, the Guantanamo Bay Refugee and Entrant Assistance

23  Program, the National Criminal History Improvement Program,

24  and the Violent Offender Incarceration and Truth-in-Sentencing

25  Program.

26         (2)(a)  In order to implement Specific Appropriations

27  333-339 and 1248-1256 of the 2001-2002 General Appropriations

28  Act, and for the 2001-2002 fiscal year only, the Prevention of

29  Domestic and Sexual Violence Program is transferred from the

30  Department of Community Affairs to the Department of Children

31  and Family Services by a type two transfer, pursuant to


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    SB 2002                                        First Engrossed



  1  section 20.06(2), Florida Statutes. The Domestic and Sexual

  2  Violence Program so transferred is comprised of the Governor's

  3  Task Force on Domestic and Sexual Violence and the Violence

  4  Against Women Program.

  5         (b)  From the funds deposited into the Department of

  6  Law Enforcement Operating Trust Fund pursuant to section

  7  938.01(1)(a)1. and 2., Florida Statutes, the Department of Law

  8  Enforcement shall transfer funds to the Department of Children

  9  and Family Services to be used as matching funds for the

10  administration of the Prevention of Domestic and Sexual

11  Violence Program transferred from the Department of Community

12  Affairs. The amount of the transfer for fiscal year 2001-2002

13  shall be determined by the Governor's Office of Planning and

14  Budgeting, in consultation with the Department of Community

15  Affairs, the Department of Law Enforcement, and the Department

16  of Children and Family Services, and shall be based on the

17  historic use of these funds and current needs of the

18  Prevention of Domestic and Sexual Violence Program.

19         (3)  This section expires July 1, 2002.

20         Section 48.  In order to implement Specific

21  Appropriation 2367A of the 2001-2002 General Appropriations

22  Act, notwithstanding any provisions of section 288.816,

23  Florida Statutes, to the contrary, and for the 2001-2002

24  fiscal year only, Enterprise Florida, Inc., shall operate the

25  sister city and sister state program in a manner consistent

26  with the provisions prescribed in such section.

27         Section 49.  In order to implement Specific

28  Appropriation 2367A of the 2001-2002 General Appropriations

29  Act, notwithstanding any provisions of section 288.0251,

30  Florida Statutes, to the contrary, and for the 2001-2002

31  fiscal year only, Enterprise Florida, Inc., may contract for


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    SB 2002                                        First Engrossed



  1  the implementation of Florida's international volunteer corps

  2  in a manner consistent with the provisions prescribed in such

  3  section.

  4         Section 50.  In order to implement Specific

  5  Appropriation 1519 of the 2001-2002 General Appropriations

  6  Act, notwithstanding any provision of section 163.3184(8),

  7  Florida Statutes, to the contrary, and for the 2001-2002

  8  fiscal year only, the Department of Community Affairs may use

  9  the internet or other methods to issue notice of intent as

10  related to comprehensive plan amendments.

11         Section 51.  In order to implement Specific

12  Appropriations 2624-2629 of the 2001-2002 General

13  Appropriations Act, subsection (4) of section 287.161, Florida

14  Statutes, is amended to read:

15         287.161  Executive aircraft pool; assignment of

16  aircraft; charge for transportation.--

17         (4)  Notwithstanding the requirements of subsections

18  (2) and (3) and for the 2001-2002 2000-2001 fiscal year only,

19  the Department of Management Services shall charge all persons

20  receiving transportation from the executive aircraft pool a

21  rate not less than the mileage allowance fixed by the

22  Legislature for the use of privately owned vehicles. Fees

23  collected for persons traveling by aircraft in the executive

24  aircraft pool shall be deposited into the Bureau of Aircraft

25  Trust Fund and shall be expended for costs incurred to operate

26  the aircraft management activities of the department. It is

27  the intent of the Legislature that the executive aircraft pool

28  be operated on a full cost recovery basis, less available

29  funds. This subsection expires July 1, 2002 2001.

30         Section 52.  In order to implement Specific

31  Appropriation 1742 of the 2001-2002 General Appropriations


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    SB 2002                                        First Engrossed



  1  Act, subsection (3) of section 259.101, Florida Statutes, is

  2  amended to read:

  3         259.101  Florida Preservation 2000 Act.--

  4         (3)  LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the

  5  costs of issuance, the costs of funding reserve accounts, and

  6  other costs with respect to the bonds, the proceeds of bonds

  7  issued pursuant to this act shall be deposited into the

  8  Florida Preservation 2000 Trust Fund created by s. 375.045.

  9  Ten percent of the proceeds of any bonds deposited into the

10  Preservation 2000 Trust Fund shall be distributed by the

11  Department of Environmental Protection to the Department of

12  Environmental Protection for the purchase by the South Florida

13  Water Management District of lands in Dade, Broward, and Palm

14  Beach Counties identified in s. 7, chapter 95-349, Laws of

15  Florida. This distribution shall apply for any bond issue for

16  the 1995-1996 fiscal year. For the 1997-1998 fiscal year only,

17  $20 million per year from the proceeds of any bonds deposited

18  into the Florida Preservation 2000 Trust Fund shall be

19  distributed by the Department of Environmental Protection to

20  the St. Johns Water Management District for the purchase of

21  lands necessary to restore Lake Apopka. Starting in fiscal

22  year 2001-2002, from the cash balance less approved

23  commitments encumbered that is remaining in the Florida

24  Preservation 2000 Trust Fund, the Legislature shall

25  appropriate up to $100 million from the Florida Preservation

26  2000 Trust Fund to the Save Our Everglades Trust Fund to be

27  used for the acquisition of lands needed for restoration of

28  the Florida Everglades pursuant to s. 373.470. Furthermore,

29  the remaining cash balances available for the Preservation

30  2000 programs described in paragraphs (a) through (g) shall be

31  adjusted pro rata for the amount appropriated by the


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    SB 2002                                        First Engrossed



  1  Legislature. Additionally, any cash balances less approved

  2  commitments encumbered available to the programs described in

  3  paragraphs (a) through (g) at the time the first series of

  4  Florida Forever Program bonds is issued and proceeds are

  5  deposited into the Florida Forever Trust Fund shall be

  6  reserved and remain unavailable for expenditure for projects

  7  pursuant to the Florida Preservation 2000 Program until and

  8  unless the programs receiving an allocation under the Florida

  9  Forever Program described in paragraphs 259.105(3)(a)-(h),

10  respectively, have encumbered all funds available from the

11  first Florida Forever Program bond issue. To the extent that

12  projects eligible for Preservation 2000 funds can also be

13  eligible for Florida Forever funds, the proceeds from Florida

14  Forever bonds may be used to complete transactions begun with

15  Preservation 2000 funds or meet cash needs for property

16  transactions begun in fiscal year 2000-2001. In fiscal year

17  2000-2001, for each Florida Preservation 2000 program

18  described in paragraphs (a)-(g), that portion of each

19  program's total remaining cash balance which, as of June 30,

20  2000, is in excess of that program's total remaining

21  appropriation balances shall be redistributed by the

22  department and deposited into the Save Our Everglades Trust

23  Fund for land acquisition. For purposes of calculating the

24  total remaining cash balances for this redistribution, the

25  Florida Preservation 2000 Series 2000 bond proceeds, including

26  interest thereon, and the fiscal year 1999-2000 General

27  Appropriations Act amounts shall be deducted from the

28  remaining cash and appropriation balances, respectively. The

29  remaining proceeds shall be distributed by the Department of

30  Environmental Protection in the following manner:

31


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    SB 2002                                        First Engrossed



  1         (a)  Fifty percent to the Department of Environmental

  2  Protection for the purchase of public lands as described in s.

  3  259.032.  Of this 50 percent, at least one-fifth shall be used

  4  for the acquisition of coastal lands.

  5         (b)  Thirty percent to the Department of Environmental

  6  Protection for the purchase of water management lands pursuant

  7  to s. 373.59, to be distributed among the water management

  8  districts as provided in that section. Funds received by each

  9  district may also be used for acquisition of lands necessary

10  to implement surface water improvement and management plans

11  approved in accordance with s. 373.456 or for acquisition of

12  lands necessary to implement the Everglades Construction

13  Project authorized by s. 373.4592.

14         (c)  Ten percent to the Department of Community Affairs

15  to provide land acquisition grants and loans to local

16  governments through the Florida Communities Trust pursuant to

17  part III of chapter 380.  From funds allocated to the trust,

18  $3 million annually shall be used by the Division of State

19  Lands within the Department of Environmental Protection to

20  implement the Green Swamp Land Protection Initiative

21  specifically for the purchase of conservation easements, as

22  defined in s. 380.0677(4), of lands, or severable interests or

23  rights in lands, in the Green Swamp Area of Critical State

24  Concern.  From funds allocated to the trust, $3 million

25  annually shall be used by the Monroe County Comprehensive Plan

26  Land Authority specifically for the purchase of any real

27  property interest in either those lands subject to the Rate of

28  Growth Ordinances adopted by local governments in Monroe

29  County or those lands within the boundary of an approved

30  Conservation and Recreation Lands project located within the

31  Florida Keys or Key West Areas of Critical State Concern;


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    SB 2002                                        First Engrossed



  1  however, title to lands acquired within the boundary of an

  2  approved Conservation and Recreation Lands project may, in

  3  accordance with an approved joint acquisition agreement, vest

  4  in the Board of Trustees of the Internal Improvement Trust

  5  Fund.  Of the remaining funds allocated to the trust after the

  6  above transfers occur, one-half shall be matched by local

  7  governments on a dollar-for-dollar basis.  To the extent

  8  allowed by federal requirements for the use of bond proceeds,

  9  the trust shall expend Preservation 2000 funds to carry out

10  the purposes of part III of chapter 380.

11         (d)  Two and nine-tenths percent to the Department of

12  Environmental Protection for the purchase of inholdings and

13  additions to state parks. For the purposes of this paragraph,

14  "state park" means all real property in the state under the

15  jurisdiction of the Division of Recreation and Parks of the

16  department, or which may come under its jurisdiction.

17         (e)  Two and nine-tenths percent to the Division of

18  Forestry of the Department of Agriculture and Consumer

19  Services to fund the acquisition of state forest inholdings

20  and additions pursuant to s. 589.07.

21         (f)  Two and nine-tenths percent to the Fish and

22  Wildlife Conservation Commission to fund the acquisition of

23  inholdings and additions to lands managed by the commission

24  which are important to the conservation of fish and wildlife.

25         (g)  One and three-tenths percent to the Department of

26  Environmental Protection for the Florida Greenways and Trails

27  Program, to acquire greenways and trails or greenways and

28  trails systems pursuant to chapter 260, including, but not

29  limited to, abandoned railroad rights-of-way and the Florida

30  National Scenic Trail.

31


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    SB 2002                                        First Engrossed



  1  Local governments may use federal grants or loans, private

  2  donations, or environmental mitigation funds, including

  3  environmental mitigation funds required pursuant to s.

  4  338.250, for any part or all of any local match required for

  5  the purposes described in this subsection.  Bond proceeds

  6  allocated pursuant to paragraph (c) may be used to purchase

  7  lands on the priority lists developed pursuant to s. 259.035.

  8  Title to lands purchased pursuant to paragraphs (a), (d), (e),

  9  (f), and (g) shall be vested in the Board of Trustees of the

10  Internal Improvement Trust Fund. Title to lands purchased

11  pursuant to paragraph (c) may be vested in the Board of

12  Trustees of the Internal Improvement Trust Fund. The board of

13  trustees shall hold title to land protection agreements and

14  conservation easements that were or will be acquired pursuant

15  to s. 380.0677, and the Southwest Florida Water Management

16  District and the St. Johns River Water Management District

17  shall monitor such agreements and easements within their

18  respective districts until the state assumes this

19  responsibility.

20         Section 53.  The amendment of subsection 259.101(3),

21  Florida Statutes, by this act shall expire July 1, 2002, and

22  the text of that subsection shall revert to that in existence

23  on June 30, 2001, except that any amendments to such text

24  exacted other than by this act shall be preserved and continue

25  to operate to the extent that such amendments are not

26  dependent upon the portions of such text which expire pursuant

27  to the provisions of this act. The Division of Statutory

28  Revision of the Office of Legislative Services shall include

29  in an appropriate reviser's bill any amendments to such

30  subsection which are necessary to give effect to the

31  legislative intent expressed in this section.


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    SB 2002                                        First Engrossed



  1         Section 54.  In order to implement Specific

  2  Appropriation 1742 of the 2001-2002 General Appropriations

  3  Act, paragraph (a) of subsection (11) of section 259.105,

  4  Florida Statutes, is amended to read:

  5         259.105  The Florida Forever Act.--

  6         (11)  For the purposes of funding projects pursuant to

  7  paragraph (3)(a), the Secretary of Environmental Protection

  8  shall ensure that each water management district receives the

  9  following percentage of funds annually:

10         (a)  Thirty-five percent to the South Florida Water

11  Management District, of which amount $25 million shall be

12  transferred by the Department of Environmental Protection into

13  the Save Our Everglades Trust Fund.

14         Section 55.  The amendment of paragraph 259.105(11)(a),

15  Florida Statutes, by this act shall expire July 1, 2002, and

16  the text of that paragraph shall revert to that in existence

17  on June 30, 2001, except that any amendments to such text

18  exacted other than by this act shall be preserved and continue

19  to operate to the extent that such amendments are not

20  dependent upon the portions of such text which expire pursuant

21  to the provisions of this act. The Division of Statutory

22  Revision of the Office of Legislative Services shall include

23  in an appropriate reviser's bill any amendments to such

24  subsection which are necessary to give effect to the

25  legislative intent expressed in this section.

26         Section 56.  In order to implement Specific

27  Appropriation 1748 of the 2001-2002 General Appropriations

28  Act, subsection (1) of section 403.709, Florida Statutes, is

29  amended to read:

30         403.709  Solid Waste Management Trust Fund; use of

31  waste tire fee moneys; waste tire site management.--


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  1         (1)  There is created the Solid Waste Management Trust

  2  Fund, to be administered by the department for the purposes

  3  of:

  4         (a)  Funding solid waste activities of the department,

  5  such as providing technical assistance to local governments,

  6  performing solid waste regulatory and enforcement functions,

  7  preparing solid waste documents, and implementing solid waste

  8  education programs.

  9         (b)  Making grants and awards to local governments as

10  provided in s. 403.7095.

11         (c)  Providing funding for research, demonstration, and

12  training by state universities, community colleges, and

13  independent nonprofit colleges and universities within the

14  state which are accredited by the Southern Association of

15  Colleges and Schools, and other organizations that can

16  reasonably demonstrate the capability to carry out such

17  projects.  Of the annual amounts appropriated by the

18  Legislature for the Solid Waste Management Trust Fund, up to 5

19  percent may be reserved by the secretary and used to fund on a

20  matching basis research, demonstration, and training projects

21  related to solid waste management.  Those projects may

22  include, but are not limited to, undertakings such as market

23  development for recycled materials, composting techniques and

24  use, and plastic materials.

25         (d)  For the 2001-2002 fiscal year only, the use of

26  funds allocated to the Solid Waste Management Trust Fund shall

27  be as provided in the General Appropriations Act. The sum of

28  $33.8 million is transferred for water projects. This

29  paragraph expires July 1, 2002.

30         Section 57.  In order to implement Specific

31  Appropriation 1789 of the 2001-2002 General Appropriations


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  1  Act, subsection (8) of section 403.7095, Florida Statutes, is

  2  amended to read:

  3         403.7095  Solid waste management grant program.--

  4         (8)  Notwithstanding the provisions of this section,

  5  for fiscal year 2001-2002 2000-2001 only, the department shall

  6  provide solid waste management and recycling grants only to

  7  counties with populations under 100,000. Such grants must be

  8  with at least 80 percent of the level of funding they received

  9  in fiscal year 2000-2001 1997-1998 for solid waste management

10  and recycling grants. This subsection expires is repealed on

11  July 1, 2002 2001.

12         Section 58.  In order to implement Specific

13  Appropriations 1653 and 1748 of the 2001-2002 General

14  Appropriations Act, subsection (11) of section 373.59, Florida

15  Statutes, is amended to read:

16         373.59  Water Management Lands Trust Fund.--

17         (11)  Notwithstanding any provision of this section to

18  the contrary, and for the 2001-2002 2000-2001 fiscal year

19  only, the governing board of a water management district may

20  request, and the Secretary of Environmental Protection shall

21  release upon such request, moneys allocated to the districts

22  pursuant to subsection (8) for the purpose of carrying out the

23  purposes of s. 373.0361, s. 373.0831 s. 375.0831, s. 373.139,

24  or ss. 373.451-373.4595 and for legislatively authorized land

25  acquisition and water restoration initiatives. No funds may be

26  used pursuant to this subsection until necessary debt service

27  obligations, requirements for payments in lieu of taxes, and

28  land management obligations that may be required by this

29  chapter are provided for. This subsection expires is repealed

30  on July 1, 2002 2001.

31


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  1         Section 59.  In order to implement Specific

  2  Appropriation 1543A of the 2001-2002 General Appropriations

  3  Act, paragraph (b) of subsection (1) of section 252.373,

  4  Florida Statutes, is amended to read:

  5         252.373  Allocation of funds; rules.--

  6         (1)

  7         (b)  Notwithstanding the provisions of paragraph (a),

  8  and for the 2001-2002 2000-2001 fiscal year only, up to $2 $4

  9  million of the unencumbered balance of the Emergency

10  Management, Preparedness, and Assistance Trust Fund shall be

11  utilized to improve, and increase the number of, disaster

12  shelters within the state and improve local disaster

13  preparedness. This paragraph expires is repealed on July 1,

14  2002 2001.

15         Section 60.  In order to implement section 8 of the

16  2001-2002 General Appropriations Act, subsection (7) of

17  section 110.12315, Florida Statutes, is amended to read:

18         110.12315  Prescription drug program.--The state

19  employees' prescription drug program is established.  This

20  program shall be administered by the Department of Management

21  Services, according to the terms and conditions of the plan as

22  established by the relevant provisions of the annual General

23  Appropriations Act and implementing legislation, subject to

24  the following conditions:

25         (7)  Notwithstanding the provisions of subsections (1)

26  and (2), under the state employees' prescription drug program

27  copayments must be made as follows:

28         (a)  For the period July 1, 2000, through December 31,

29  2000:

30         1.  For generic drug with card......................$7.

31         2.  For brand name drug with card..................$20.


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  1         3.  For generic mail order drug with card...........$7.

  2         4.  For brand name mail order drug with card.......$20.

  3         (a)(b)  Effective January 1, 2001:

  4         1.  For generic drug with card......................$7.

  5         2.  For preferred brand name drug with card........$20.

  6         3.  For nonpreferred brand name drug with card.....$35.

  7         4.  For generic mail order drug with card.......$10.50.

  8         5.  For preferred brand name mail order

  9  drug with card............................................$30.

10         6.  For nonpreferred brand name drug with card..$52.50.

11         (b)(c)  The Department of Management Services shall

12  create a preferred brand name drug list to be used in the

13  administration of the state employees' prescription drug

14  program.

15

16  This subsection expires July 1, 2002 2001.

17         Section 61.  In order to implement section 8 of the

18  2001-2002 General Appropriations Act, section 110.1239,

19  Florida Statutes, is amended to read:

20         110.1239  State group health insurance program

21  funding.--For the 2001-2002 2000-2001 fiscal year only, it is

22  the intent of the Legislature that the state group health

23  insurance program be managed, administered, operated, and

24  funded in such a manner as to maximize the protection of state

25  employee health insurance benefits. Inherent in this intent is

26  the recognition that the health insurance liabilities

27  attributable to the benefits offered state employees should be

28  fairly, orderly, and equitably funded. Accordingly:

29         (1)  The division shall determine the level of premiums

30  necessary to fully fund the state group health insurance

31  program for the next fiscal year. Such determination shall be


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  1  made after each revenue estimating conference on health

  2  insurance as provided in s. 216.136(1), but not later than

  3  December 1 and April 1 of each fiscal year.

  4         (2)  The Governor, in the Governor's recommended

  5  budget, shall provide premium rates necessary for full funding

  6  of the state group health insurance program, and the

  7  Legislature shall provide in the General Appropriations Act

  8  for a premium level necessary for full funding of the state

  9  group health insurance program.

10         (3)  For purposes of funding, any additional

11  appropriation amounts allocated to the state group health

12  insurance program by the Legislature shall be considered as a

13  state contribution and thus an increase in the state premiums.

14         (4)  This section expires is repealed on July 1, 2002

15  2001.

16         Section 62.  A section of this act that implements a

17  specific appropriation or specifically identified proviso

18  language in the 2001-2002 General Appropriations Act is void

19  if the specific appropriation or specifically identified

20  proviso language is vetoed. A section of this act that

21  implements more than one specific appropriation or more than

22  one portion of specifically identified proviso language in the

23  2001-2002 General Appropriations Act is void if all the

24  specific appropriations or portions of specifically identified

25  proviso language are vetoed.

26         Section 63.  If any other act passed during the 2001

27  Regular Session of the Legislature or any extension thereof

28  contains a provision that is substantively the same as a

29  provision in this act, but that removes or is otherwise not

30  subject to the future repeal applied to such provision by this

31  act, the Legislature intends that the provision in the other


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  1  act shall take precedence and shall continue to operate,

  2  notwithstanding the future repeal provided by this act.

  3         Section 64.  The agency performance measures and

  4  standards in the document entitled "Senate Approved Agency

  5  Performance Measures and Standards for Fiscal Year 2001-02"

  6  dated March 19, 2001, and filed with the Secretary of the

  7  Senate are incorporated by reference. Such performance

  8  measures and standards are directly linked to the

  9  appropriations made in the General Appropriations Act for

10  fiscal year 2001-2002, as required by the Government

11  Performance and Accountability Act of 1994. State agencies are

12  directed to revise their Long-Range Program Plans required

13  under section 216.013, Florida Statutes, to be consistent with

14  these performance measures and standards.

15         Section 65.  If any provision of this act or its

16  application to any person or circumstance is held invalid, the

17  invalidity shall not affect other provisions or applications

18  of the act which can be given effect without the invalid

19  provision or application, and to this end the provisions of

20  this act are declared severable.

21         Section 66.  This act shall take effect July 1, 2001;

22  or, in the event this act fails to become a law until after

23  that date, it shall take effect upon becoming a law and shall

24  operate retroactively to July 1, 2001.

25

26

27

28

29

30

31


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