Florida Senate - 2020                   (PROPOSED BILL) SPB 2502
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-02070-20                                          20202502pb
    1                        A bill to be entitled                      
    2         An act implementing the 2020-2021 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program; providing that
    6         funds for instructional materials must be released and
    7         expended as required in specified proviso language;
    8         amending s. 1011.62, F.S.; conforming a provision
    9         regarding the virtual education contribution to
   10         reflect the Teacher Salary Increase Allocation;
   11         extending for 1 fiscal year provisions governing the
   12         funding compression allocation; suspending the Florida
   13         Best and Brightest Teacher and Principal Allocation
   14         for the 2020-2021 fiscal year; creating the Teacher
   15         Salary Increase Allocation; specifying the purpose of
   16         the allocation; prescribing the manner in which funds
   17         under the allocation may be provided and used;
   18         providing for the expiration and reversion of
   19         specified statutory text; amending ss. 1012.731 and
   20         1012.732, F.S.; suspending the Florida Best and
   21         Brightest Teacher Program and the Florida Best and
   22         Brightest Principal Program for the 2020-2021 fiscal
   23         year; amending s. 1013.62, F.S.; specifying the source
   24         of charter school capital outlay funding; providing
   25         that charter schools are ineligible to receive capital
   26         outlay funding unless the governing board chair and
   27         the school’s chief administrative officer provides an
   28         annual certification under oath; providing for the
   29         expiration and reversion of specified statutory text;
   30         creating s. 1004.6499, F.S.; establishing the Florida
   31         Institute of Politics at the Florida State University;
   32         providing the purpose and goals of the institute;
   33         incorporating by reference certain calculations for
   34         the Medicaid Disproportionate Share Hospital and
   35         Hospital Reimbursement programs; authorizing the
   36         Agency for Health Care Administration, in consultation
   37         with the Department of Health, to submit a budget
   38         amendment to realign funding for a component of the
   39         Children’s Medical Services program to reflect actual
   40         enrollment changes; specifying requirements for such
   41         realignment; authorizing the agency to request
   42         nonoperating budget authority for transferring certain
   43         federal funds to the Department of Health; reenacting
   44         s. 409.908(23), F.S., relating to the reimbursement of
   45         Medicaid providers; extending for 1 fiscal year
   46         provisions regarding reimbursement rates; providing
   47         for the expiration and reversion of specified
   48         statutory text; reenacting s. 409.908(26), F.S.,
   49         relating to the reimbursement of Medicaid providers;
   50         extending for 1 fiscal year a provision regarding the
   51         receipt of funds to be used for Low Income Pool
   52         Program payments; providing for the expiration and
   53         reversion of specified statutory text; amending s.
   54         409.904, F.S.; extending for 1 fiscal year a provision
   55         requiring the Agency for Health Care Administration to
   56         make payments to Medicaid-covered services; reenacting
   57         s. 624.91(5)(b), F.S., relating to the Florida Healthy
   58         Kids Corporation; extending for 1 fiscal year a
   59         provision requiring the corporation to validate the
   60         medical loss ratio and calculate a refund amount for
   61         insurers and providers of health care services who
   62         meet certain criteria; providing for the expiration
   63         and reversion of specified statutory text; amending s.
   64         381.915, F.S.; revising limitations regarding a cancer
   65         center’s participation under Tier 3 of the Florida
   66         Consortium of National Cancer Institute Centers
   67         Program and authorization for centers to pursue
   68         certain designations by the institute; providing for
   69         the expiration and reversion of specified statutory
   70         text; amending s. 893.055, F.S.; extending for 1
   71         fiscal year a provision prohibiting the Attorney
   72         General and the Department of Health from using
   73         certain settlement agreement funds to administer the
   74         prescription drug monitoring program; amending s.
   75         409.911, F.S.; updating the average of audited
   76         disproportionate share data for purposes of
   77         calculating disproportionate share payments; extending
   78         for 1 fiscal year the requirement that the Agency for
   79         Health Care Administration distribute moneys to
   80         hospitals that provide a disproportionate share of
   81         Medicaid or charity care services, as provided in the
   82         General Appropriations Act; amending s. 409.9113,
   83         F.S.; extending for 1 fiscal year the requirement that
   84         the Agency for Health Care Administration make
   85         disproportionate share payments to teaching hospitals
   86         as provided in the General Appropriations Act;
   87         amending s. 409.9119, F.S.; extending for 1 fiscal
   88         year the requirement that the Agency for Health Care
   89         Administration make disproportionate share payments to
   90         certain specialty hospitals for children; authorizing
   91         the Agency for Health Care Administration to submit a
   92         budget amendment to realign Medicaid funding for
   93         specified purposes, subject to certain limitations;
   94         requiring the Agency for Health Care Administration to
   95         contract with an organization for the provision of
   96         elder care services in specified counties if certain
   97         conditions are met; specifying requirements for the
   98         program; authorizing the Agency for Health Care
   99         Administration and the Department of Health to each
  100         submit a budget amendment to realign funding within
  101         the Florida Kidcare program appropriation categories
  102         or increase budget authority for certain purposes;
  103         specifying the timeframe within which any such budget
  104         amendment must be submitted; amending s. 381.986,
  105         F.S.; exempting rules pertaining to the medical use of
  106         marijuana from certain rulemaking requirements;
  107         amending s. 381.988, F.S.; exempting rules pertaining
  108         to medical marijuana testing laboratories from certain
  109         rulemaking requirements; amending s. 14(1), chapter
  110         2017-232, Laws of Florida; exempting certain rules
  111         pertaining to medical marijuana adopted to replace
  112         emergency rules from specified rulemaking
  113         requirements; providing for the expiration and
  114         reversion of specified law; requiring the Agency for
  115         Health Care Administration to replace the Medicaid
  116         Enterprise System; specifying requirements for the
  117         replacement system; requiring the agency to take
  118         specified action; providing for the establishment of
  119         an executive steering committee to oversee
  120         implementation of the replacement system; providing
  121         for membership, meeting requirements, duties, and
  122         responsibilities of the steering committee;
  123         authorizing the Department of Children and Families to
  124         submit a budget amendment to realign funding for
  125         implementation of the Guardianship Assistance Program;
  126         requiring the Department of Children and Families to
  127         establish a formula for the distribution of funds to
  128         implement the Guardianship Assistance Program;
  129         amending s. 296.37, F.S.; extending for 1 fiscal year
  130         a provision specifying the monthly contribution to
  131         residents of a state veterans’ nursing home;
  132         authorizing the Department of Children and Families to
  133         submit a budget amendment to increase budget authority
  134         for the Supplemental Nutrition Assistance Program if
  135         certain conditions are met; authorizing the Department
  136         of Children and Families to submit a budget amendment
  137         to realign funding within the Family Safety Program
  138         for specified purposes; amending s. 216.262, F.S.;
  139         extending for 1 fiscal year the authority of the
  140         Department of Corrections to submit a budget amendment
  141         for additional positions and appropriations under
  142         certain circumstances; amending s. 1011.80, F.S.;
  143         specifying the manner by which state funds for
  144         postsecondary workforce programs may be used for
  145         inmate education; providing for the expiration and
  146         reversion of specified statutory text; amending s.
  147         215.18, F.S.; extending for 1 fiscal year the
  148         authority and related repayment requirements for
  149         temporary trust fund loans to the state court system
  150         which are sufficient to meet the system’s
  151         appropriation; requiring the Department of Juvenile
  152         Justice to review county juvenile detention payments
  153         to determine whether a county has met specified
  154         financial responsibilities; requiring amounts owed by
  155         the county for such financial responsibilities to be
  156         deducted from certain county funds; requiring the
  157         Department of Revenue to transfer withheld funds to a
  158         specified trust fund; requiring the Department of
  159         Revenue to ensure that such reductions in amounts
  160         distributed do not reduce distributions below amounts
  161         necessary for certain payments due on bonds and to
  162         comply with bond covenants; requiring the Department
  163         of Revenue to notify the Department of Juvenile
  164         Justice if bond payment requirements mandate a
  165         reduction in deductions for amounts owed by a county;
  166         reenacting and amending s. 27.40, F.S., relating to
  167         court-appointed counsel; extending for 1 fiscal year
  168         provisions governing the appointment of court
  169         appointed counsel; establishing the Cross
  170         Jurisdictional Death Penalty Pilot Program within the
  171         Office of Criminal Conflict and Civil Regional Counsel
  172         of the Second Appellate District; specifying the
  173         manner of appointing counsel to indigent defendants
  174         who meet specified criteria; providing reporting
  175         requirements regarding the pilot program; specifying
  176         that repeal of the act does not terminate appointments
  177         of counsel made under the pilot program; reenacting
  178         and amending s. 27.5304, F.S., relating to private
  179         court-appointed counsel; extending for 1 fiscal year
  180         limitations on compensation for representation in
  181         criminal proceedings; providing for the expiration and
  182         reversion of specified statutory text; specifying that
  183         clerks of the circuit court are responsible for
  184         certain costs related to juries which exceed a certain
  185         funding level; reenacting s. 318.18(19)(c), F.S.,
  186         relating to penalty amounts for traffic infractions;
  187         extending for 1 fiscal year the redirection of
  188         revenues from the Public Defenders Revenue Trust Fund
  189         to the Indigent Criminal Defense Trust Fund;
  190         reenacting s. 817.568(12)(b), F.S., relating to the
  191         criminal use of personal identification information;
  192         extending for 1 fiscal year the redirection of
  193         revenues from the Public Defenders Revenue Trust Fund
  194         to the Indigent Criminal Defense Trust Fund; providing
  195         for the expiration and reversion of specified
  196         statutory text; requiring the Department of Management
  197         Services to use tenant broker services to renegotiate
  198         or reprocure certain private lease agreements for
  199         office or storage space; requiring the Department of
  200         Management Services to provide a report to the
  201         Governor and Legislature by a specified date;
  202         prohibiting an agency from transferring funds from a
  203         data processing category to another category that is
  204         not a data processing category; authorizing the
  205         Executive Office of the Governor to transfer funds
  206         appropriated for data processing assessment between
  207         departments for a specified purpose; authorizing the
  208         Executive Office of the Governor to transfer funds
  209         between departments for purposes of aligning amounts
  210         paid for risk management insurance and for human
  211         resources services; requiring the Department of
  212         Financial Services to replace specified components of
  213         the Florida Accounting Information Resource Subsystem
  214         (FLAIR) and the Cash Management Subsystem (CMS);
  215         specifying certain actions to be taken by the
  216         Department of Financial Services regarding FLAIR and
  217         CMS replacement; providing for the composition of an
  218         executive steering committee to oversee FLAIR and CMS
  219         replacement; prescribing duties and responsibilities
  220         of the executive steering committee; amending s.
  221         216.181, F.S.; extending for 1 fiscal year the
  222         authority for the Legislative Budget Commission to
  223         increase amounts appropriated to the Fish and Wildlife
  224         Conservation Commission or the Department of
  225         Environmental Protection for certain fixed capital
  226         outlay projects from specified sources; amending s.
  227         215.18, F.S.; extending for 1 fiscal year the
  228         authority of the Governor, if there is a specified
  229         temporary deficiency in a land acquisition trust fund
  230         in the Department of Agriculture and Consumer
  231         Services, the Department of Environmental Protection,
  232         the Department of State, or the Fish and Wildlife
  233         Conservation Commission, to transfer funds from other
  234         trust funds in the State Treasury as a temporary loan
  235         to such trust fund; providing a deadline for the
  236         repayment of a temporary loan; requiring the
  237         Department of Environmental Protection to transfer
  238         designated proportions of the revenues deposited in
  239         the Land Acquisition Trust Fund within the department
  240         to land acquisition trust funds in the Department of
  241         Agriculture and Consumer Services, the Department of
  242         State, and the Fish and Wildlife Conservation
  243         Commission according to specified parameters and
  244         calculations; defining the term “department”;
  245         requiring the Department of Environmental Protection
  246         to retain a proportionate share of revenues;
  247         specifying a limit on distributions; requiring the
  248         Department of Environmental Protection to make
  249         transfers to land acquisition trust funds; specifying
  250         the method of determining transfer amounts;
  251         authorizing the Department of Environmental Protection
  252         to advance funds from its land acquisition trust fund
  253         to the Fish and Wildlife Conservation Commission’s
  254         land acquisition trust fund for specified purposes;
  255         requiring the Department of Environmental Protection
  256         to prorate amounts transferred to the Fish and
  257         Wildlife Conservation Commission; amending s. 216.181,
  258         F.S.; extending for 1 fiscal year authorization for
  259         the Legislative Budget Commission to increase amounts
  260         appropriated to the Department of Environmental
  261         Protection for fixed capital outlay projects using
  262         specified funds; amending s. 570.441, F.S.; extending
  263         for 1 fiscal year a provision authorizing the
  264         Department of Agriculture and Consumer Services to use
  265         certain funds for purposes related to the Division of
  266         Agricultural Environmental Services; reenacting s.
  267         570.93(1)(a), F.S., relating to the agricultural water
  268         conservation program of the Department of Agriculture
  269         and Consumer Services; extending for 1 fiscal year
  270         provisions governing the cost-share program; providing
  271         for the expiration and reversion of specified
  272         statutory text; amending s. 259.105, F.S.; providing
  273         for the distribution of proceeds from the Florida
  274         Forever Trust Fund for the 2020-2021 fiscal year;
  275         amending s. 375.041, F.S.; specifying that certain
  276         funds for projects dedicated to restoring Lake Apopka
  277         shall be appropriated as provided in the General
  278         Appropriations Act; amending s. 321.04, F.S.;
  279         extending for 1 fiscal year a provision requiring the
  280         Department of Highway Safety and Motor Vehicles to
  281         assign one or more patrol officers to the office of
  282         Lieutenant Governor for security purposes, upon
  283         request of the Governor; extending for 1 fiscal year
  284         the requirement that the Department of Highway Safety
  285         and Motor Vehicles assign a patrol officer to a
  286         Cabinet member under certain circumstances; amending
  287         s. 420.9079, F.S.; authorizing funds in the Local
  288         Government Housing Trust Fund to be used as provided
  289         in the General Appropriations Act; amending s.
  290         420.0005, F.S.; authorizing certain funds related to
  291         state housing to be used as provided in the General
  292         Appropriations Act; amending s. 288.1226, F.S.;
  293         extending the scheduled repeal of the Florida Tourism
  294         Industry Marketing Corporation direct-support
  295         organization; amending s. 288.923, F.S.; extending the
  296         scheduled repeal of the Division of Tourism Marketing
  297         of Enterprise Florida, Inc.; amending s. 338.2278,
  298         F.S.; authorizing certain uncommitted funding for the
  299         Transportation Disadvantaged Trust Fund to be used as
  300         provided in the General Appropriations Act; amending
  301         s. 339.135, F.S.; extending for 1 fiscal year
  302         authorization for the chair and vice chair of the
  303         Legislative Budget Commission to approve the
  304         Department of Transportation’s budget amendment under
  305         specified circumstances; authorizing the chair and
  306         vice chair of the commission to approve certain budget
  307         amendments of the Department of Transportation if
  308         certain conditions are met; amending s. 112.061, F.S.;
  309         extending for 1 fiscal year authorization for the
  310         Lieutenant Governor to designate an alternative
  311         official headquarters, subject to certain limitations;
  312         amending s. 216.292, F.S.; extending for 1 fiscal year
  313         a provision prescribing requirements for the review of
  314         certain transfers of appropriations; requiring the
  315         Department of Management Services to maintain and
  316         offer the same health insurance options for
  317         participants of the state group health insurance
  318         program for the 2020-2021 fiscal year as for the
  319         preceding fiscal year; prohibiting a state agency from
  320         initiating a competitive solicitation for a product or
  321         service under certain circumstances; providing an
  322         exception; amending s. 112.24, F.S.; extending for 1
  323         fiscal year the authorization, subject to specified
  324         requirements, for the assignment of an employee of a
  325         state agency under an employee interchange agreement;
  326         providing that the annual salaries of the members of
  327         the Legislature be maintained at a specified level;
  328         reenacting s. 215.32(2)(b), F.S., relating to the
  329         source and use of certain trust funds; providing for
  330         the future expiration and reversion of statutory text;
  331         limiting the use of travel funds to activities that
  332         are critical to an agency’s mission; providing
  333         exceptions; placing a monetary cap on lodging expenses
  334         for state employee travel to certain meetings
  335         organized or sponsored by a state agency or the
  336         judicial branch; authorizing employees to expend their
  337         own funds for lodging expenses in excess of the
  338         monetary caps; prohibiting state agencies from
  339         entering into contracts containing certain
  340         nondisclosure agreements; providing conditions under
  341         which the veto of certain appropriations or proviso
  342         language in the General Appropriations Act voids
  343         language that implements such appropriations;
  344         providing for the continued operation of certain
  345         provisions notwithstanding a future repeal or
  346         expiration provided by the act; providing
  347         severability; providing effective dates.
  348          
  349  Be It Enacted by the Legislature of the State of Florida:
  350  
  351         Section 1. It is the intent of the Legislature that the
  352  implementing and administering provisions of this act apply to
  353  the General Appropriations Act for the 2020-2021 fiscal year.
  354         Section 2. In order to implement Specific Appropriations 8,
  355  9, 10, 92, and 93 of the 2020-2021 General Appropriations Act,
  356  the calculations of the Florida Education Finance Program for
  357  the 2020-2021 fiscal year included in the document titled
  358  “Public School Funding: The Florida Education Finance Program,”
  359  dated January 30, 2020, and filed with the Secretary of the
  360  Senate, are incorporated by reference for the purpose of
  361  displaying the calculations used by the Legislature, consistent
  362  with the requirements of state law, in making appropriations for
  363  the Florida Education Finance Program. This section expires July
  364  1, 2021.
  365         Section 3. In order to implement Specific Appropriations 8
  366  and 92 of the 2020-2021 General Appropriations Act, and
  367  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  368  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  369  expenditure of funds provided for instructional materials, for
  370  the 2020-2021 fiscal year, funds provided for instructional
  371  materials shall be released and expended as required in the
  372  proviso language for Specific Appropriation 92 of the 2020-2021
  373  General Appropriations Act. This section expires July 1, 2021.
  374         Section 4. In order to implement Specific Appropriations 8
  375  and 92 of the 2020-2021 General Appropriations Act, subsections
  376  (11), (17), and (18) of section 1011.62, Florida Statutes, are
  377  amended, and subsection (22) is added to that section, to read:
  378         1011.62 Funds for operation of schools.—If the annual
  379  allocation from the Florida Education Finance Program to each
  380  district for operation of schools is not determined in the
  381  annual appropriations act or the substantive bill implementing
  382  the annual appropriations act, it shall be determined as
  383  follows:
  384         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  385  annually provide in the Florida Education Finance Program a
  386  virtual education contribution. The amount of the virtual
  387  education contribution shall be the difference between the
  388  amount per FTE established in the General Appropriations Act for
  389  virtual education and the amount per FTE for each district and
  390  the Florida Virtual School, which may be calculated by taking
  391  the sum of the base FEFP allocation, the discretionary local
  392  effort, the state-funded discretionary contribution, the
  393  discretionary millage compression supplement, the research-based
  394  reading instruction allocation, the best and brightest teacher
  395  and principal allocation, the teacher salary increase
  396  allocation, and the instructional materials allocation, and then
  397  dividing by the total unweighted FTE. This difference shall be
  398  multiplied by the virtual education unweighted FTE for programs
  399  and options identified in s. 1002.455 and the Florida Virtual
  400  School and its franchises to equal the virtual education
  401  contribution and shall be included as a separate allocation in
  402  the funding formula.
  403         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  404  provide an annual funding compression allocation in the General
  405  Appropriations Act. The allocation is created to provide
  406  additional funding to school districts and developmental
  407  research schools whose total funds per FTE in the prior year
  408  were less than the statewide average. Using the most recent
  409  prior year FEFP calculation for each eligible school district,
  410  the total funds per FTE shall be subtracted from the state
  411  average funds per FTE, not including any adjustments made
  412  pursuant to paragraph (19)(b). The resulting funds per FTE
  413  difference, or a portion thereof, as designated in the General
  414  Appropriations Act, shall then be multiplied by the school
  415  district’s total unweighted FTE to provide the allocation. If
  416  the calculated funds are greater than the amount included in the
  417  General Appropriations Act, they must be prorated to the
  418  appropriation amount based on each participating school
  419  district’s share. This subsection expires July 1, 2021 2020.
  420         (18) THE FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
  421  ALLOCATION.—
  422         (a) The Florida Best and Brightest Teacher and Principal
  423  Allocation is created to recruit, retain, and recognize
  424  classroom teachers and instructional personnel who meet the
  425  criteria established in s. 1012.731 and reward principals who
  426  meet the criteria established in s. 1012.732. Subject to annual
  427  appropriation, each school district shall receive an allocation
  428  based on the district’s proportionate share of FEFP base
  429  funding. The Legislature may specify a minimum allocation for
  430  all districts in the General Appropriations Act.
  431         (b) From the allocation, each district shall provide the
  432  following:
  433         1. A one-time recruitment award, as provided in s.
  434  1012.731(3)(a);
  435         2. A retention award, as provided in s. 1012.731(3)(b); and
  436         3. A recognition award, as provided in s. 1012.731(3)(c)
  437  from the remaining balance of the appropriation after the
  438  payment of all other awards authorized under ss. 1012.731 and
  439  1012.732.
  440         (c) From the allocation, each district shall provide
  441  eligible principals an award as provided in s. 1012.732(3).
  442  
  443  If a district’s calculated awards exceed the allocation, the
  444  district may prorate the awards.
  445         (d) The allocation authorized in this subsection is
  446  suspended for the 2020-2021 fiscal year and does not apply
  447  during such fiscal year. This paragraph expires July 1, 2021.
  448         (22) TEACHER SALARY INCREASE ALLOCATION.
  449         (a) The Teacher Salary Increase Allocation is created to
  450  increase teacher salaries and improve this state’s relative
  451  teacher salary position when compared with teacher salaries in
  452  other states.
  453         (b)Subject to annual appropriation, funds may be provided
  454  for each school district to increase the minimum base salary for
  455  full-time classroom teachers as defined in s. 1012.01(2)(a) or
  456  all instructional personnel as defined by s. 1012.01(2)(a)-(d),
  457  plus certified prekindergarten teachers, but not including
  458  substitute teachers, by no less than the amount designated in
  459  the General Appropriations Act. In addition, funds may also be
  460  provided in an amount designated in the General Appropriations
  461  Act for salary increases for all full-time instructional
  462  personnel as determined by the school board and the local
  463  bargaining unit.
  464         (c) Funds for this purpose shall be allocated on each
  465  district’s share of the base FEFP allocation. Funds for the
  466  minimum base salary increase may be provided in multiple years
  467  in order to achieve a particular salary goal. The minimum base
  468  salary is the base annual salary before payroll deductions and
  469  excluding additional compensation.
  470         (d) This subsection expires July 1, 2021.
  471         Section 5. The amendment to s. 1011.62(11), Florida
  472  Statutes, by this act, expires July 1, 2021, and the text of
  473  that subsection shall revert to that in existence on June 30,
  474  2020, except that any amendments to such text enacted other than
  475  by this act shall be preserved and continue to operate to the
  476  extent that such amendments are not dependent upon the portions
  477  of text which expire pursuant to this section.
  478         Section 6. In order to implement Specific Appropriations 8
  479  and 92 of the 2020-2021 General Appropriations Act, subsection
  480  (4) is added to section 1012.731, Florida Statutes, to read:
  481         1012.731 The Florida Best and Brightest Teacher Program.—
  482         (4) No awards may be made pursuant to this section and the
  483  operation of the program is suspended for the 2020-2021 fiscal
  484  year. This subsection expires July 1, 2021.
  485         Section 7. In order to implement Specific Appropriations 8
  486  and 92 of the 2020-2021 General Appropriations Act, subsection
  487  (4) is added to section 1012.732, Florida Statutes, to read:
  488         1012.732 The Florida Best and Brightest Principal Program.—
  489         (4) No awards may be made pursuant to this section and the
  490  operation of the program is suspended for the 2020-2021 fiscal
  491  year. This subsection expires July 1, 2021.
  492         Section 8. In order to implement Specific Appropriation 21
  493  of the 2020-2021 General Appropriations Act, subsection (1) of
  494  section 1013.62, Florida Statutes, is amended to read:
  495         1013.62 Charter schools capital outlay funding.—
  496         (1) For the 2020-2021 2018-2019 fiscal year, charter school
  497  capital outlay funding shall consist of state funds appropriated
  498  in the 2020-2021 2018-2019 General Appropriations Act. Beginning
  499  in fiscal year 2021-2022 2019-2020, charter school capital
  500  outlay funding shall consist of state funds when such funds are
  501  appropriated in the General Appropriations Act and revenue
  502  resulting from the discretionary millage authorized in s.
  503  1011.71(2) if the amount of state funds appropriated for charter
  504  school capital outlay in any fiscal year is less than the
  505  average charter school capital outlay funds per unweighted full
  506  time equivalent student for the 2018-2019 fiscal year,
  507  multiplied by the estimated number of charter school students
  508  for the applicable fiscal year, and adjusted by changes in the
  509  Consumer Price Index issued by the United States Department of
  510  Labor from the previous fiscal year. Nothing in this subsection
  511  prohibits a school district from distributing to charter schools
  512  funds resulting from the discretionary millage authorized in s.
  513  1011.71(2).
  514         (a) To be eligible to receive capital outlay funds, a
  515  charter school must:
  516         1.a. Have been in operation for 2 or more years;
  517         b. Be governed by a governing board established in the
  518  state for 2 or more years which operates both charter schools
  519  and conversion charter schools within the state;
  520         c. Be an expanded feeder chain of a charter school within
  521  the same school district that is currently receiving charter
  522  school capital outlay funds;
  523         d. Have been accredited by a regional accrediting
  524  association as defined by State Board of Education rule; or
  525         e. Serve students in facilities that are provided by a
  526  business partner for a charter school-in-the-workplace pursuant
  527  to s. 1002.33(15)(b).
  528         2. Have an annual audit that does not reveal any of the
  529  financial emergency conditions provided in s. 218.503(1) for the
  530  most recent fiscal year for which such audit results are
  531  available.
  532         3. Have satisfactory student achievement based on state
  533  accountability standards applicable to the charter school.
  534         4. Have received final approval from its sponsor pursuant
  535  to s. 1002.33 for operation during that fiscal year.
  536         5. Serve students in facilities that are not provided by
  537  the charter school’s sponsor.
  538         (b) A charter school is not eligible to receive capital
  539  outlay funds if it was created by the conversion of a public
  540  school and operates in facilities provided by the charter
  541  school’s sponsor for a nominal fee, or at no charge, or if it is
  542  directly or indirectly operated by the school district.
  543         (c) A charter school additionally is not eligible for a
  544  funding allocation unless the chair of the governing board and
  545  the chief administrative officer of the charter school annually
  546  certify under oath that the funds will be used solely and
  547  exclusively for constructing, renovating, leasing, purchasing,
  548  financing or improving charter school facilities that are:
  549         1. Owned by a school district, political subdivision of the
  550  state, municipality, Florida College System institution, or
  551  state university; or
  552         2. Owned by an organization, qualified as an exempt
  553  organization under s. 501(c)(3) of the Internal Revenue Code, or
  554  a tax support organization under s. 509 of the Internal Revenue
  555  Code, whose articles of incorporation specify that upon the
  556  organization’s dissolution, the subject property, subject to any
  557  indebtedness secured thereby and the satisfaction of the
  558  organizations other debts, will be transferred as indicated in
  559  the articles of incorporation to:
  560         a. Another such exempt organization, including one
  561  organized for educational purposes.
  562         b. A school district or other political subdivision of the
  563  state.
  564         c. A municipality.
  565         d. A Florida College System institution.
  566         e. A state university; or
  567         3. Owned by and leased from, at a fair market value, a
  568  person or entity that is not an affiliated party of the charter
  569  school. For purposes of this subparagraph, the term “affiliated
  570  party of the charter school” means the applicant for the charter
  571  school pursuant to s. 1002.33; the governing board of the
  572  charter school or a member of the governing board; the charter
  573  school principal; an individual employed by the charter school;
  574  or a relative, as defined in s. 1002.33(24)(a)2., of a charter
  575  school governing board member, a charter school principal or a
  576  charter school employee.
  577         Section 9. The amendments to s. 1013.62(1), Florida
  578  Statutes, by this act expire July 1, 2021, and the text of that
  579  subsection shall revert to that in existence on June 30, 2020,
  580  except that any amendments to such text enacted other than by
  581  this act shall be preserved and continue to operate to the
  582  extent that such amendments are not dependent upon the portions
  583  of text which expire pursuant to this section.
  584         Section 10. In order to implement Specific Appropriation
  585  150 of the 2020-2021 General Appropriations Act, section
  586  1004.6499, Florida Statutes, is created to read:
  587         1004.6499 Florida Institute of Politics.—
  588         (1) The Florida Institute of Politics is established at the
  589  Florida State University within the College of Social Sciences
  590  and Public Policy. The purpose of the institute is to provide
  591  the southeastern region of the United States with a world class,
  592  bipartisan, nationally-renowned institute of politics.
  593         (2) The goals of the institute are to:
  594         (a) Motivate students across the Florida State University
  595  to become aware of the significance of government and civic
  596  engagement at all levels and politics in general.
  597         (b)Provide students with an opportunity to be politically
  598  active and civically engaged.
  599         (c) Nurture a state of consciousness and passion for public
  600  service and politics.
  601         (d) Plan and host forums to allow students and guests to
  602  hear from and interact with experts from government, politics,
  603  policy, and journalism on a frequent basis.
  604         (e) Become a national and state resource on polling
  605  information and survey methodology.
  606         (f) Provide fellowships and internship opportunities to
  607  students in government, non-profit organizations, and community
  608  organizations.
  609         (g) Provide training sessions for newly elected state and
  610  local public officials.
  611         (h) Organize and sponsor conferences, symposia and
  612  workshops throughout Florida to educate and inform citizens,
  613  elected officials, and appointed policymakers regarding
  614  effective policymaking techniques and processes.
  615         (i) Create and promote research and awareness regarding
  616  politics, citizen involvement and public service.
  617         (j) Collaborate with related policy institutes and research
  618  activities at Florida State University and other institutions of
  619  higher education to motivate, increase and sustain citizen
  620  involvement in public affairs.
  621         (3) This section expires July 1, 2021.
  622         Section 11. In order to implement Specific Appropriations
  623  207, 208, 211, and 215 of the 2020-2021 General Appropriations
  624  Act, the calculations for the Medicaid Disproportionate Share
  625  Hospital and Hospital Reimbursement programs for the 2020-2021
  626  fiscal year contained in the document titled “Medicaid
  627  Disproportionate Share Hospital and Hospital Reimbursement
  628  Programs, Fiscal Year 2020-2021,” dated January 30, 2020, and
  629  filed with the Secretary of the Senate, are incorporated by
  630  reference for the purpose of displaying the calculations used by
  631  the Legislature, consistent with the requirements of state law,
  632  in making appropriations for the Medicaid Disproportionate Share
  633  Hospital and Hospital Reimbursement programs. This section
  634  expires July 1, 2021.
  635         Section 12. In order to implement Specific Appropriations
  636  201 through 228 and 526 of the 2020-2021 General Appropriations
  637  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  638  Statutes, the Agency for Health Care Administration, in
  639  consultation with the Department of Health, may submit a budget
  640  amendment, subject to the notice, review, and objection
  641  procedures of s. 216.177, Florida Statutes, to realign funding
  642  within and between agencies based on implementation of the
  643  Managed Medical Assistance component of the Statewide Medicaid
  644  Managed Care program for the Children’s Medical Services program
  645  of the Department of Health. The funding realignment shall
  646  reflect the actual enrollment changes due to the transfer of
  647  beneficiaries from fee-for-service to the capitated Children’s
  648  Medical Services Network. The Agency for Health Care
  649  Administration may submit a request for nonoperating budget
  650  authority to transfer the federal funds to the Department of
  651  Health pursuant to s. 216.181(12), Florida Statutes. This
  652  section expires July 1, 2021.
  653         Section 13. In order to implement Specific Appropriations
  654  225 and 226 of the 2020-2021 General Appropriations Act, and
  655  notwithstanding the expiration date in section 19 of chapter
  656  2019-116, Laws of Florida, subsection (23) of section 409.908,
  657  Florida Statutes, is reenacted to read:
  658         409.908 Reimbursement of Medicaid providers.—Subject to
  659  specific appropriations, the agency shall reimburse Medicaid
  660  providers, in accordance with state and federal law, according
  661  to methodologies set forth in the rules of the agency and in
  662  policy manuals and handbooks incorporated by reference therein.
  663  These methodologies may include fee schedules, reimbursement
  664  methods based on cost reporting, negotiated fees, competitive
  665  bidding pursuant to s. 287.057, and other mechanisms the agency
  666  considers efficient and effective for purchasing services or
  667  goods on behalf of recipients. If a provider is reimbursed based
  668  on cost reporting and submits a cost report late and that cost
  669  report would have been used to set a lower reimbursement rate
  670  for a rate semester, then the provider’s rate for that semester
  671  shall be retroactively calculated using the new cost report, and
  672  full payment at the recalculated rate shall be effected
  673  retroactively. Medicare-granted extensions for filing cost
  674  reports, if applicable, shall also apply to Medicaid cost
  675  reports. Payment for Medicaid compensable services made on
  676  behalf of Medicaid eligible persons is subject to the
  677  availability of moneys and any limitations or directions
  678  provided for in the General Appropriations Act or chapter 216.
  679  Further, nothing in this section shall be construed to prevent
  680  or limit the agency from adjusting fees, reimbursement rates,
  681  lengths of stay, number of visits, or number of services, or
  682  making any other adjustments necessary to comply with the
  683  availability of moneys and any limitations or directions
  684  provided for in the General Appropriations Act, provided the
  685  adjustment is consistent with legislative intent.
  686         (23)(a) The agency shall establish rates at a level that
  687  ensures no increase in statewide expenditures resulting from a
  688  change in unit costs for county health departments effective
  689  July 1, 2011. Reimbursement rates shall be as provided in the
  690  General Appropriations Act.
  691         (b)1. Base rate reimbursement for inpatient services under
  692  a diagnosis-related group payment methodology shall be provided
  693  in the General Appropriations Act.
  694         2. Base rate reimbursement for outpatient services under an
  695  enhanced ambulatory payment group methodology shall be provided
  696  in the General Appropriations Act.
  697         3. Prospective payment system reimbursement for nursing
  698  home services shall be as provided in subsection (2) and in the
  699  General Appropriations Act.
  700         Section 14. The text of s. 409.908(23), Florida Statutes,
  701  as carried forward from chapter 2018-10, Laws of Florida, by
  702  this act, expires July 1, 2021, and the text of that subsection
  703  shall revert to that in existence on October 1, 2018, not
  704  including any amendments made by chapter 2018-10, Laws of
  705  Florida, except that any amendments to such text enacted other
  706  than by this act and chapters 2019-116 and 2018-10, Laws of
  707  Florida, shall be preserved and continue to operate to the
  708  extent that such amendments are not dependent upon the portions
  709  of text which expire pursuant to this section.
  710         Section 15. In order to implement Specific Appropriation
  711  209 of the 2020-2021 General Appropriations Act, and
  712  notwithstanding the expiration date in section 21 of chapter
  713  2019-116, Laws of Florida, subsection (26) of section 409.908,
  714  Florida Statutes, is reenacted to read:
  715         409.908 Reimbursement of Medicaid providers.—Subject to
  716  specific appropriations, the agency shall reimburse Medicaid
  717  providers, in accordance with state and federal law, according
  718  to methodologies set forth in the rules of the agency and in
  719  policy manuals and handbooks incorporated by reference therein.
  720  These methodologies may include fee schedules, reimbursement
  721  methods based on cost reporting, negotiated fees, competitive
  722  bidding pursuant to s. 287.057, and other mechanisms the agency
  723  considers efficient and effective for purchasing services or
  724  goods on behalf of recipients. If a provider is reimbursed based
  725  on cost reporting and submits a cost report late and that cost
  726  report would have been used to set a lower reimbursement rate
  727  for a rate semester, then the provider’s rate for that semester
  728  shall be retroactively calculated using the new cost report, and
  729  full payment at the recalculated rate shall be effected
  730  retroactively. Medicare-granted extensions for filing cost
  731  reports, if applicable, shall also apply to Medicaid cost
  732  reports. Payment for Medicaid compensable services made on
  733  behalf of Medicaid eligible persons is subject to the
  734  availability of moneys and any limitations or directions
  735  provided for in the General Appropriations Act or chapter 216.
  736  Further, nothing in this section shall be construed to prevent
  737  or limit the agency from adjusting fees, reimbursement rates,
  738  lengths of stay, number of visits, or number of services, or
  739  making any other adjustments necessary to comply with the
  740  availability of moneys and any limitations or directions
  741  provided for in the General Appropriations Act, provided the
  742  adjustment is consistent with legislative intent.
  743         (26) The agency may receive funds from state entities,
  744  including, but not limited to, the Department of Health, local
  745  governments, and other local political subdivisions, for the
  746  purpose of making special exception payments and Low Income Pool
  747  Program payments, including federal matching funds. Funds
  748  received for this purpose shall be separately accounted for and
  749  may not be commingled with other state or local funds in any
  750  manner. The agency may certify all local governmental funds used
  751  as state match under Title XIX of the Social Security Act to the
  752  extent and in the manner authorized under the General
  753  Appropriations Act and pursuant to an agreement between the
  754  agency and the local governmental entity. In order for the
  755  agency to certify such local governmental funds, a local
  756  governmental entity must submit a final, executed letter of
  757  agreement to the agency, which must be received by October 1 of
  758  each fiscal year and provide the total amount of local
  759  governmental funds authorized by the entity for that fiscal year
  760  under the General Appropriations Act. The local governmental
  761  entity shall use a certification form prescribed by the agency.
  762  At a minimum, the certification form must identify the amount
  763  being certified and describe the relationship between the
  764  certifying local governmental entity and the local health care
  765  provider. Local governmental funds outlined in the letters of
  766  agreement must be received by the agency no later than October
  767  31 of each fiscal year in which such funds are pledged, unless
  768  an alternative plan is specifically approved by the agency.
  769         Section 16. The text of s. 409.908(26), Florida Statutes,
  770  as carried forward from chapter 2019-116, Laws of Florida, by
  771  this act, expires July 1, 2021, and the text of that subsection
  772  shall revert to that in existence on June 30, 2019, except that
  773  any amendments to such text enacted other than by this act shall
  774  be preserved and continue to operate to the extent that such
  775  amendments are not dependent upon the portions of text which
  776  expire pursuant to this section.
  777         Section 17. In order to implement Specific Appropriations
  778  207, 211, 212, 214, 216, and 225 of the 2020-2021 General
  779  Appropriations Act, subsection (12) of section 409.904, Florida
  780  Statutes, is amended to read:
  781         409.904 Optional payments for eligible persons.—The agency
  782  may make payments for medical assistance and related services on
  783  behalf of the following persons who are determined to be
  784  eligible subject to the income, assets, and categorical
  785  eligibility tests set forth in federal and state law. Payment on
  786  behalf of these Medicaid eligible persons is subject to the
  787  availability of moneys and any limitations established by the
  788  General Appropriations Act or chapter 216.
  789         (12) Effective July 1, 2020 2019, the agency shall make
  790  payments to Medicaid-covered services:
  791         (a) For eligible children and pregnant women, retroactive
  792  for a period of no more than 90 days before the month in which
  793  an application for Medicaid is submitted.
  794         (b) For eligible nonpregnant adults, retroactive to the
  795  first day of the month in which an application for Medicaid is
  796  submitted.
  797  
  798  This subsection expires July 1, 2021 2020.
  799         Section 18. In order to implement Specific Appropriations
  800  181 through 184 of the 2020-2021 General Appropriations Act, and
  801  notwithstanding the expiration date in section 31 of chapter
  802  2019-116, Laws of Florida, paragraph (b) of subsection (5) of
  803  section 624.91, Florida Statutes, is reenacted to read:
  804         624.91 The Florida Healthy Kids Corporation Act.—
  805         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
  806         (b) The Florida Healthy Kids Corporation shall:
  807         1. Arrange for the collection of any family, local
  808  contributions, or employer payment or premium, in an amount to
  809  be determined by the board of directors, to provide for payment
  810  of premiums for comprehensive insurance coverage and for the
  811  actual or estimated administrative expenses.
  812         2. Arrange for the collection of any voluntary
  813  contributions to provide for payment of Florida Kidcare program
  814  premiums for children who are not eligible for medical
  815  assistance under Title XIX or Title XXI of the Social Security
  816  Act.
  817         3. Subject to the provisions of s. 409.8134, accept
  818  voluntary supplemental local match contributions that comply
  819  with the requirements of Title XXI of the Social Security Act
  820  for the purpose of providing additional Florida Kidcare coverage
  821  in contributing counties under Title XXI.
  822         4. Establish the administrative and accounting procedures
  823  for the operation of the corporation.
  824         5. Establish, with consultation from appropriate
  825  professional organizations, standards for preventive health
  826  services and providers and comprehensive insurance benefits
  827  appropriate to children, provided that such standards for rural
  828  areas shall not limit primary care providers to board-certified
  829  pediatricians.
  830         6. Determine eligibility for children seeking to
  831  participate in the Title XXI-funded components of the Florida
  832  Kidcare program consistent with the requirements specified in s.
  833  409.814, as well as the non-Title-XXI-eligible children as
  834  provided in subsection (3).
  835         7. Establish procedures under which providers of local
  836  match to, applicants to and participants in the program may have
  837  grievances reviewed by an impartial body and reported to the
  838  board of directors of the corporation.
  839         8. Establish participation criteria and, if appropriate,
  840  contract with an authorized insurer, health maintenance
  841  organization, or third-party administrator to provide
  842  administrative services to the corporation.
  843         9. Establish enrollment criteria that include penalties or
  844  waiting periods of 30 days for reinstatement of coverage upon
  845  voluntary cancellation for nonpayment of family premiums.
  846         10. Contract with authorized insurers or any provider of
  847  health care services, meeting standards established by the
  848  corporation, for the provision of comprehensive insurance
  849  coverage to participants. Such standards shall include criteria
  850  under which the corporation may contract with more than one
  851  provider of health care services in program sites. Health plans
  852  shall be selected through a competitive bid process. The Florida
  853  Healthy Kids Corporation shall purchase goods and services in
  854  the most cost-effective manner consistent with the delivery of
  855  quality medical care. The maximum administrative cost for a
  856  Florida Healthy Kids Corporation contract shall be 15 percent.
  857  For health care contracts, the minimum medical loss ratio for a
  858  Florida Healthy Kids Corporation contract shall be 85 percent.
  859  For dental contracts, the remaining compensation to be paid to
  860  the authorized insurer or provider under a Florida Healthy Kids
  861  Corporation contract shall be no less than an amount which is 85
  862  percent of premium; to the extent any contract provision does
  863  not provide for this minimum compensation, this section shall
  864  prevail. For an insurer or any provider of health care services
  865  which achieves an annual medical loss ratio below 85 percent,
  866  the Florida Healthy Kids Corporation shall validate the medical
  867  loss ratio and calculate an amount to be refunded by the insurer
  868  or any provider of health care services to the state which shall
  869  be deposited into the General Revenue Fund unallocated. The
  870  health plan selection criteria and scoring system, and the
  871  scoring results, shall be available upon request for inspection
  872  after the bids have been awarded.
  873         11. Establish disenrollment criteria in the event local
  874  matching funds are insufficient to cover enrollments.
  875         12. Develop and implement a plan to publicize the Florida
  876  Kidcare program, the eligibility requirements of the program,
  877  and the procedures for enrollment in the program and to maintain
  878  public awareness of the corporation and the program.
  879         13. Secure staff necessary to properly administer the
  880  corporation. Staff costs shall be funded from state and local
  881  matching funds and such other private or public funds as become
  882  available. The board of directors shall determine the number of
  883  staff members necessary to administer the corporation.
  884         14. In consultation with the partner agencies, provide a
  885  report on the Florida Kidcare program annually to the Governor,
  886  the Chief Financial Officer, the Commissioner of Education, the
  887  President of the Senate, the Speaker of the House of
  888  Representatives, and the Minority Leaders of the Senate and the
  889  House of Representatives.
  890         15. Provide information on a quarterly basis to the
  891  Legislature and the Governor which compares the costs and
  892  utilization of the full-pay enrolled population and the Title
  893  XXI-subsidized enrolled population in the Florida Kidcare
  894  program. The information, at a minimum, must include:
  895         a. The monthly enrollment and expenditure for full-pay
  896  enrollees in the Medikids and Florida Healthy Kids programs
  897  compared to the Title XXI-subsidized enrolled population; and
  898         b. The costs and utilization by service of the full-pay
  899  enrollees in the Medikids and Florida Healthy Kids programs and
  900  the Title XXI-subsidized enrolled population.
  901         16. Establish benefit packages that conform to the
  902  provisions of the Florida Kidcare program, as created in ss.
  903  409.810-409.821.
  904         Section 19. The text of s. 624.91(5)(b), Florida Statutes,
  905  as carried forward from chapter 2019-116, Laws of Florida, by
  906  this act, expires July 1, 2021, and the text of that paragraph
  907  shall revert to that in existence on June 30, 2019, except that
  908  any amendments to such text enacted other than by this act shall
  909  be preserved and continue to operate to the extent that such
  910  amendments are not dependent upon the portions of text which
  911  expire pursuant to this section.
  912         Section 20. In order to implement Specific Appropriation
  913  458 of the 2020-2021 General Appropriations Act, subsection (4)
  914  of section 381.915, Florida Statutes, is amended to read:
  915         381.915 Florida Consortium of National Cancer Institute
  916  Centers Program.—
  917         (4) Tier designations and corresponding weights within the
  918  Florida Consortium of National Cancer Institute Centers Program
  919  are as follows:
  920         (a) Tier 1: Florida-based NCI-designated comprehensive
  921  cancer centers, which shall be weighted at 1.5.
  922         (b) Tier 2: Florida-based NCI-designated cancer centers,
  923  which shall be weighted at 1.25.
  924         (c) Tier 3: Florida-based cancer centers seeking
  925  designation as either a NCI-designated cancer center or NCI
  926  designated comprehensive cancer center, which shall be weighted
  927  at 1.0.
  928         1. A cancer center shall meet the following minimum
  929  criteria to be considered eligible for Tier 3 designation in any
  930  given fiscal year:
  931         a. Conducting cancer-related basic scientific research and
  932  cancer-related population scientific research;
  933         b. Offering and providing the full range of diagnostic and
  934  treatment services on site, as determined by the Commission on
  935  Cancer of the American College of Surgeons;
  936         c. Hosting or conducting cancer-related interventional
  937  clinical trials that are registered with the NCI’s Clinical
  938  Trials Reporting Program;
  939         d. Offering degree-granting programs or affiliating with
  940  universities through degree-granting programs accredited or
  941  approved by a nationally recognized agency and offered through
  942  the center or through the center in conjunction with another
  943  institution accredited by the Commission on Colleges of the
  944  Southern Association of Colleges and Schools;
  945         e. Providing training to clinical trainees, medical
  946  trainees accredited by the Accreditation Council for Graduate
  947  Medical Education or the American Osteopathic Association, and
  948  postdoctoral fellows recently awarded a doctorate degree; and
  949         f. Having more than $5 million in annual direct costs
  950  associated with their total NCI peer-reviewed grant funding.
  951         2. The General Appropriations Act or accompanying
  952  legislation may limit the number of cancer centers which shall
  953  receive Tier 3 designations or provide additional criteria for
  954  such designation.
  955         3. A cancer center’s participation in Tier 3 may not extend
  956  beyond July 1, 2021 shall be limited to 6 years.
  957         4. A cancer center that qualifies as a designated Tier 3
  958  center under the criteria provided in subparagraph 1. by July 1,
  959  2014, is authorized to pursue NCI designation as a cancer center
  960  or a comprehensive cancer center until July 1, 2021 for 6 years
  961  after qualification.
  962         Section 21. The amendments to s. 381.915(4), Florida
  963  Statutes, by this act expire July 1, 2021, and the text of that
  964  subsection shall revert to that in existence on June 30, 2020,
  965  except that any amendments to such text enacted other than by
  966  this act shall be preserved and continue to operate to the
  967  extent that such amendments are not dependent upon the portions
  968  of text which expire pursuant to this section.
  969         Section 22. In order to implement Specific Appropriations
  970  536, 537, 542, and 545 of the 2020-2021 General Appropriations
  971  Act, subsection (17) of section 893.055, Florida Statutes, is
  972  amended to read:
  973         893.055 Prescription drug monitoring program.—
  974         (17) For the 2020-2021 2019-2020 fiscal year only, neither
  975  the Attorney General nor the department may use funds received
  976  as part of a settlement agreement to administer the prescription
  977  drug monitoring program. This subsection expires July 1, 2021
  978  2020.
  979         Section 23. In order to implement Specific Appropriation
  980  208 of the 2020-2021 General Appropriations Act, subsections (2)
  981  and (10) of section 409.911, Florida Statutes, are amended to
  982  read:
  983         409.911 Disproportionate share program.—Subject to specific
  984  allocations established within the General Appropriations Act
  985  and any limitations established pursuant to chapter 216, the
  986  agency shall distribute, pursuant to this section, moneys to
  987  hospitals providing a disproportionate share of Medicaid or
  988  charity care services by making quarterly Medicaid payments as
  989  required. Notwithstanding the provisions of s. 409.915, counties
  990  are exempt from contributing toward the cost of this special
  991  reimbursement for hospitals serving a disproportionate share of
  992  low-income patients.
  993         (2) The Agency for Health Care Administration shall use the
  994  following actual audited data to determine the Medicaid days and
  995  charity care to be used in calculating the disproportionate
  996  share payment:
  997         (a) The average of the 2012, 2013, and 2014 2011, 2012, and
  998  2013 audited disproportionate share data to determine each
  999  hospital’s Medicaid days and charity care for the 2020-2021
 1000  2019-2020 state fiscal year.
 1001         (b) If the Agency for Health Care Administration does not
 1002  have the prescribed 3 years of audited disproportionate share
 1003  data as noted in paragraph (a) for a hospital, the agency shall
 1004  use the average of the years of the audited disproportionate
 1005  share data as noted in paragraph (a) which is available.
 1006         (c) In accordance with s. 1923(b) of the Social Security
 1007  Act, a hospital with a Medicaid inpatient utilization rate
 1008  greater than one standard deviation above the statewide mean or
 1009  a hospital with a low-income utilization rate of 25 percent or
 1010  greater shall qualify for reimbursement.
 1011         (10) Notwithstanding any provision of this section to the
 1012  contrary, for the 2020-2021 2019-2020 state fiscal year, the
 1013  agency shall distribute moneys to hospitals providing a
 1014  disproportionate share of Medicaid or charity care services as
 1015  provided in the 2020-2021 2019-2020 General Appropriations Act.
 1016  This subsection expires July 1, 2021 2020.
 1017         Section 24. In order to implement Specific Appropriation
 1018  208 of the 2020-2021 General Appropriations Act, subsection (3)
 1019  of section 409.9113, Florida Statutes, is amended to read:
 1020         409.9113 Disproportionate share program for teaching
 1021  hospitals.—In addition to the payments made under s. 409.911,
 1022  the agency shall make disproportionate share payments to
 1023  teaching hospitals, as defined in s. 408.07, for their increased
 1024  costs associated with medical education programs and for
 1025  tertiary health care services provided to the indigent. This
 1026  system of payments must conform to federal requirements and
 1027  distribute funds in each fiscal year for which an appropriation
 1028  is made by making quarterly Medicaid payments. Notwithstanding
 1029  s. 409.915, counties are exempt from contributing toward the
 1030  cost of this special reimbursement for hospitals serving a
 1031  disproportionate share of low-income patients. The agency shall
 1032  distribute the moneys provided in the General Appropriations Act
 1033  to statutorily defined teaching hospitals and family practice
 1034  teaching hospitals, as defined in s. 395.805, pursuant to this
 1035  section. The funds provided for statutorily defined teaching
 1036  hospitals shall be distributed as provided in the General
 1037  Appropriations Act. The funds provided for family practice
 1038  teaching hospitals shall be distributed equally among family
 1039  practice teaching hospitals.
 1040         (3) Notwithstanding any provision of this section to the
 1041  contrary, for the 2020-2021 2019-2020 state fiscal year, the
 1042  agency shall make disproportionate share payments to teaching
 1043  hospitals, as defined in s. 408.07, as provided in the 2020-2021
 1044  2019-2020 General Appropriations Act. This subsection expires
 1045  July 1, 2021 2020.
 1046         Section 25. In order to implement Specific Appropriation
 1047  208 of the 2020-2021 General Appropriations Act, subsection (4)
 1048  of section 409.9119, Florida Statutes, is amended to read:
 1049         409.9119 Disproportionate share program for specialty
 1050  hospitals for children.—In addition to the payments made under
 1051  s. 409.911, the Agency for Health Care Administration shall
 1052  develop and implement a system under which disproportionate
 1053  share payments are made to those hospitals that are separately
 1054  licensed by the state as specialty hospitals for children, have
 1055  a federal Centers for Medicare and Medicaid Services
 1056  certification number in the 3300-3399 range, have Medicaid days
 1057  that exceed 55 percent of their total days and Medicare days
 1058  that are less than 5 percent of their total days, and were
 1059  licensed on January 1, 2013, as specialty hospitals for
 1060  children. This system of payments must conform to federal
 1061  requirements and must distribute funds in each fiscal year for
 1062  which an appropriation is made by making quarterly Medicaid
 1063  payments. Notwithstanding s. 409.915, counties are exempt from
 1064  contributing toward the cost of this special reimbursement for
 1065  hospitals that serve a disproportionate share of low-income
 1066  patients. The agency may make disproportionate share payments to
 1067  specialty hospitals for children as provided for in the General
 1068  Appropriations Act.
 1069         (4) Notwithstanding any provision of this section to the
 1070  contrary, for the 2020-2021 2019-2020 state fiscal year, for
 1071  hospitals achieving full compliance under subsection (3), the
 1072  agency shall make disproportionate share payments to specialty
 1073  hospitals for children as provided in the 2020-2021 2019-2020
 1074  General Appropriations Act. This subsection expires July 1, 2021
 1075  2020.
 1076         Section 26. In order to implement Specific Appropriations
 1077  201 through 228 of the 2020-2021 General Appropriations Act, and
 1078  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1079  Agency for Health Care Administration may submit a budget
 1080  amendment, subject to the notice, review, and objection
 1081  procedures of s. 216.177, Florida Statutes, to realign funding
 1082  within the Medicaid program appropriation categories to address
 1083  projected surpluses and deficits within the program and to
 1084  maximize the use of state trust funds. A single budget amendment
 1085  shall be submitted in the last quarter of the 2020-2021 fiscal
 1086  year only. This section expires July 1, 2021.
 1087         Section 27. In order to implement Specific Appropriation
 1088  406 of the 2020-2021 General Appropriations Act, and subject to
 1089  federal approval of the application to be a site for the Program
 1090  of All-Inclusive Care for the Elderly, the Agency for Health
 1091  Care Administration shall contract with one private health care
 1092  organization, the sole member of which is a private, not-for
 1093  profit corporation that owns and manages health care
 1094  organizations that provide comprehensive long-term care
 1095  services, including nursing home, assisted living, independent
 1096  housing, home care, adult day care, and care management. This
 1097  organization shall provide these services to frail and elderly
 1098  persons who reside in Escambia, Okaloosa, and Santa Rosa
 1099  Counties. The organization is exempt from the requirements of
 1100  chapter 641, Florida Statutes. The agency, in consultation with
 1101  the Department of Elderly Affairs and subject to an
 1102  appropriation, shall approve up to 200 initial enrollees in the
 1103  Program of All-Inclusive Care for the Elderly established by
 1104  this organization to serve elderly persons who reside in
 1105  Escambia, Okaloosa, and Santa Rosa Counties. This section
 1106  expires July 1, 2021.
 1107         Section 28. In order to implement Specific Appropriations
 1108  181 through 186 and 526 of the 2020-2021 General Appropriations
 1109  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1110  Statutes, the Agency for Health Care Administration and the
 1111  Department of Health may each submit a budget amendment, subject
 1112  to the notice, review, and objection procedures of s. 216.177,
 1113  Florida Statutes, to realign funding within the Florida Kidcare
 1114  program appropriation categories, or to increase budget
 1115  authority in the Children’s Medical Services Network category,
 1116  to address projected surpluses and deficits within the program
 1117  or to maximize the use of state trust funds. A single budget
 1118  amendment must be submitted by each agency in the last quarter
 1119  of the 2020-2021 fiscal year only. This section expires July 1,
 1120  2021.
 1121         Section 29. In order to implement Specific Appropriations
 1122  468 through 470, 475, and 482 of the 2020-2021 General
 1123  Appropriations Act, subsection (17) of section 381.986, Florida
 1124  Statutes, is amended to read:
 1125         381.986 Medical use of marijuana.—
 1126         (17) Rules adopted pursuant to this section before July 1,
 1127  2021 2020, are not subject to ss. 120.54(3)(b) and 120.541.
 1128  Notwithstanding paragraph (8)(e), a medical marijuana treatment
 1129  center may use a laboratory that has not been certified by the
 1130  department under s. 381.988 until such time as at least one
 1131  laboratory holds the required certification pursuant to s.
 1132  381.988, but in no event later than July 1, 2021 2020. This
 1133  subsection expires July 1, 2021 2020.
 1134         Section 30. In order to implement Specific Appropriations
 1135  468 through 470, 475, and 482 of the 2020-2021 General
 1136  Appropriations Act, subsection (11) of section 381.988, Florida
 1137  Statutes, is amended to read:
 1138         381.988 Medical marijuana testing laboratories; marijuana
 1139  tests conducted by a certified laboratory.—
 1140         (11) Rules adopted under subsection (9) before July 1, 2021
 1141  2020, are not subject to ss. 120.54(3)(b) and 120.541. This
 1142  subsection expires July 1, 2021 2020.
 1143         Section 31. Effective July 1, 2020, upon the expiration and
 1144  reversion of the amendments made to subsection (1) of section 14
 1145  of chapter 2017-232, Laws of Florida, pursuant to section 42 of
 1146  chapter 2019-116, Laws of Florida, and in order to implement
 1147  Specific Appropriations 468 through 470, 475, and 482 of the
 1148  2020-2021 General Appropriations Act, subsection (1) of section
 1149  14 of chapter 2017-232, Laws of Florida, is amended to read:
 1150         Section 14. Department of Health; authority to adopt rules;
 1151  cause of action.—
 1152         (1) EMERGENCY RULEMAKING.—
 1153         (a) The Department of Health and the applicable boards
 1154  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1155  Statutes, and this section necessary to implement ss. 381.986
 1156  and 381.988, Florida Statutes. If an emergency rule adopted
 1157  under this section is held to be unconstitutional or an invalid
 1158  exercise of delegated legislative authority, and becomes void,
 1159  the department or the applicable boards may adopt an emergency
 1160  rule pursuant to this section to replace the rule that has
 1161  become void. If the emergency rule adopted to replace the void
 1162  emergency rule is also held to be unconstitutional or an invalid
 1163  exercise of delegated legislative authority and becomes void,
 1164  the department and the applicable boards must follow the
 1165  nonemergency rulemaking procedures of the Administrative
 1166  Procedures Act to replace the rule that has become void.
 1167         (b) For emergency rules adopted under this section, the
 1168  department and the applicable boards need not make the findings
 1169  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1170  adopted under this section are exempt from ss. 120.54(3)(b) and
 1171  120.541, Florida Statutes. The department and the applicable
 1172  boards shall meet the procedural requirements in s. 120.54(4)(a)
 1173  s. 120.54(a), Florida Statutes, if the department or the
 1174  applicable boards have, before July 1, 2019 the effective date
 1175  of this act, held any public workshops or hearings on the
 1176  subject matter of the emergency rules adopted under this
 1177  subsection. Challenges to emergency rules adopted under this
 1178  subsection are subject to the time schedules provided in s.
 1179  120.56(5), Florida Statutes.
 1180         (c) Emergency rules adopted under this section are exempt
 1181  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1182  effect until replaced by rules adopted under the nonemergency
 1183  rulemaking procedures of the Administrative Procedures Act.
 1184  Rules adopted under the nonemergency rulemaking procedures of
 1185  the Administrative Procedures Act to replace emergency rules
 1186  adopted under this section are exempt from ss. 120.54(3)(b) and
 1187  120.541, Florida Statutes. By July 1, 2021 January 1, 2018, the
 1188  department and the applicable boards shall initiate nonemergency
 1189  rulemaking pursuant to the Administrative Procedures Act to
 1190  replace all emergency rules adopted under this section by
 1191  publishing a notice of rule development in the Florida
 1192  Administrative Register. Except as provided in paragraph (a),
 1193  after July 1, 2021 January 1, 2018, the department and
 1194  applicable boards may not adopt rules pursuant to the emergency
 1195  rulemaking procedures provided in this section.
 1196         Section 32. The amendment to s. 14(1) of chapter 2017-232,
 1197  Laws of Florida, by this act expires July 1, 2021, and the text
 1198  of that subsection shall revert to that in existence on June 30,
 1199  2019, except that any amendments to such text enacted other than
 1200  by this act shall be preserved and continue to operate to the
 1201  extent that such amendments are not dependent upon the portions
 1202  of text which expire pursuant to this section.
 1203         Section 33. In order to implement Specific Appropriation
 1204  195 of the 2020-2021 General Appropriations Act, and
 1205  notwithstanding s. 409.902(3)-(8), Florida Statutes:
 1206         (1) The Agency for Health Care Administration shall replace
 1207  the Medicaid Enterprise System (MES), which includes the Florida
 1208  Medicaid Management Information System (FMMIS), enrollment
 1209  broker system, third-party liability functionality, pharmacy
 1210  benefits management, fraud and abuse case tracking, prior
 1211  authorization, home health electronic visit verification, and
 1212  the Health Quality Assurance licensure system, with an
 1213  integrated enterprise system consisting of a new integration
 1214  platform, data warehouse, and modules for Provider Management,
 1215  Case Management, and Recipient Enrollment and Management. The
 1216  new system, the Florida Health Care Connection (FX) system, must
 1217  provide better integration with subsystems supporting Florida’s
 1218  Medicaid program; uniformity, consistency, and improved access
 1219  to data; and compatibility with the Centers for Medicare and
 1220  Medicaid Services’ Medicaid Information Technology Architecture
 1221  (MITA) as the system matures and expands its functionality.
 1222         (2) For purposes of replacing MES, the Agency for Health
 1223  Care Administration shall:
 1224         (a)Comply with and not exceed the Centers for Medicare and
 1225  Medicaid Services funding authorizations for the FX system.
 1226         (b) Ensure compliance and uniformity with published MITA
 1227  framework and guidelines.
 1228         (c) Ensure that all business requirements and technical
 1229  specifications have been provided to the state’s health and
 1230  human services agencies for their review and input, and are
 1231  approved by the executive steering committee established in
 1232  paragraph (e), before the agency contracts for implementation or
 1233  system development of new modules for the FX system.
 1234         (d) Ensure the new FX system is compatible with and will
 1235  seamlessly integrate financial and fiscal information into the
 1236  state’s new planning, accounting, and ledger management system,
 1237  PALM.
 1238         (e) Implement a project governance structure that includes
 1239  an executive steering committee composed of:
 1240         1. The Secretary of Health Care Administration, or the
 1241  executive sponsor of the project.
 1242         2. A representative of the Division of Health Quality
 1243  Assurance of the Agency for Health Care Administration,
 1244  appointed by the Secretary of Health Care Administration.
 1245         3.A representative of the Florida Center for Health
 1246  Information and Transparency of the Agency for Health Care
 1247  Administration, appointed by the Secretary of Health Care
 1248  Administration.
 1249         4. A representative of the Division of Information
 1250  Technology of the Agency for Health Care Administration,
 1251  appointed by the Secretary of Health Care Administration.
 1252         5. A representative of the Division of Operations of the
 1253  Agency for Health Care Administration, appointed by the
 1254  Secretary of Health Care Administration.
 1255         6. Two employees from the Division of Medicaid of the
 1256  Agency for Health Care Administration, appointed by the
 1257  Secretary of Health Care Administration.
 1258         7. The Assistant Secretary for Child Welfare of the
 1259  Department of Children and Families, or his or her designee.
 1260         8. The Assistant Secretary for Economic Self-Sufficiency of
 1261  the Department of Children and Families, or his or her designee.
 1262         9. The Deputy Secretary for Children’s Medical Services of
 1263  the Department of Health, or his or her designee.
 1264         10. A representative of the Agency for Persons with
 1265  Disabilities who has experience with the preparation and
 1266  submission of waivers to the Centers for Medicare and Medicaid
 1267  Services, appointed by the director of the Agency for Persons
 1268  with Disabilities.
 1269         11. A representative for the Department of Elderly Affairs
 1270  who has experience with the Medicaid Program within that
 1271  department, appointed by the Secretary of Elderly Affairs.
 1272         12. A representative for the Department of Corrections who
 1273  has experience Medicaid reporting within that department,
 1274  appointed by the Secretary of Corrections.
 1275         13. A representative for the Medicaid Fraud Control Unit
 1276  within the Office of the Attorney General, appointed by the
 1277  Attorney General.
 1278         14. A representative of the Department of Financial
 1279  Services who has experience with the state’s financial processes
 1280  including development of the PALM system, appointed by the Chief
 1281  Financial Officer.
 1282         (3) The Secretary of Health Care Administration or the
 1283  executive sponsor of the project shall serve as chair of the
 1284  executive steering committee, and the committee shall take
 1285  action by a vote of at least 10 affirmative votes with the chair
 1286  voting on the prevailing side. A quorum of the executive
 1287  steering committee consists of at least 11 members.
 1288         (4) The executive steering committee has the overall
 1289  responsibility for ensuring that the project to replace MES
 1290  meets its primary business objectives and shall:
 1291         (a) Identify and recommend to the Executive Office of the
 1292  Governor, the President of the Senate, and the Speaker of the
 1293  House of Representatives any statutory changes needed to
 1294  standardize the data collection and reporting for the state’s
 1295  Medicaid program.
 1296         (b)Review and approve any changes to the project’s scope,
 1297  schedule, and budget which do not conflict with the requirements
 1298  of subsection (1).
 1299         (c) Ensure that adequate resources are provided throughout
 1300  all phases of the project.
 1301         (d) Approve all major project deliverables.
 1302         (e) Approve all solicitation-related documents associated
 1303  with the replacement of MES.
 1304         (5)This section expires July 1, 2021.
 1305         Section 34. In order to implement Specific Appropriations
 1306  330, 332, 361, and 362 of the 2020-2021 General Appropriations
 1307  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1308  Statutes, the Department of Children and Families may submit a
 1309  budget amendment, subject to the notice, review, and objection
 1310  procedures of s. 216.177, Florida Statutes, to realign funding
 1311  within the department based on the implementation of the
 1312  Guardianship Assistance Program, between and among the specific
 1313  appropriations for guardianship assistance payments, foster care
 1314  Level 1 room and board payments, relative caregiver payments,
 1315  and nonrelative caregiver payments. This section expires July 1,
 1316  2021.
 1317         Section 35. In order to implement Specific Appropriations
 1318  330 and 332 of the 2020-2021 General Appropriations Act, the
 1319  Department of Children and Families shall establish a formula to
 1320  distribute the recurring sums of $10,597,824 from the General
 1321  Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
 1322  for actual and direct costs to implement the Guardianship
 1323  Assistance Program, including Level 1 foster care board
 1324  payments, licensing staff for community-based care lead
 1325  agencies, and guardianship assistance payments. This section
 1326  expires July 1, 2021.
 1327         Section 36. In order to implement Specific Appropriations
 1328  554 through 560 and 562 of the 2020-2021 General Appropriations
 1329  Act, subsection (3) of section 296.37, Florida Statutes, is
 1330  amended to read:
 1331         296.37 Residents; contribution to support.—
 1332         (3) Notwithstanding subsection (1), each resident of the
 1333  home who receives a pension, compensation, or gratuity from the
 1334  United States Government, or income from any other source, of
 1335  more than $130 per month shall contribute to his or her
 1336  maintenance and support while a resident of the home in
 1337  accordance with a payment schedule determined by the
 1338  administrator and approved by the director. The total amount of
 1339  such contributions shall be to the fullest extent possible, but,
 1340  in no case, shall exceed the actual cost of operating and
 1341  maintaining the home. This subsection expires July 1, 2021 2020.
 1342         Section 37. In order to implement Specific Appropriations
 1343  353 and 354 of the 2020-2021 General Appropriations Act, and
 1344  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1345  Department of Children and Families may submit a budget
 1346  amendment, subject to the notice, review, and objection
 1347  procedures of s. 216.177, Florida Statutes, to increase budget
 1348  authority for the Supplemental Nutrition Assistance Program if
 1349  additional federal revenue specific to the program becomes
 1350  available for the program in the 2020-2021 fiscal year. This
 1351  section expires July 1, 2021.
 1352         Section 38. In order to implement Specific Appropriations
 1353  312 through 315, 319, 320, 323, 328, 330, and 332 of the 2020
 1354  2021 General Appropriations Act, and notwithstanding ss. 216.181
 1355  and 216.292, Florida Statutes, the Department of Children and
 1356  Families may submit a budget amendment, subject to the notice,
 1357  review, and objection procedures of s. 216.177, Florida
 1358  Statutes, to realign funding within the Family Safety Program to
 1359  maximize the use of Title IV-E and other federal funds. This
 1360  section expires July 1, 2021.
 1361         Section 39. In order to implement Specific Appropriations
 1362  582 through 673 and 685 through 720 of the 2020-2021 General
 1363  Appropriations Act, subsection (4) of section 216.262, Florida
 1364  Statutes, is amended to read:
 1365         216.262 Authorized positions.—
 1366         (4) Notwithstanding the provisions of this chapter relating
 1367  to increasing the number of authorized positions, and for the
 1368  2020-2021 2019-2020 fiscal year only, if the actual inmate
 1369  population of the Department of Corrections exceeds the inmate
 1370  population projections of the December 17, 2019 February 22,
 1371  2019, Criminal Justice Estimating Conference by 1 percent for 2
 1372  consecutive months or 2 percent for any month, the Executive
 1373  Office of the Governor, with the approval of the Legislative
 1374  Budget Commission, shall immediately notify the Criminal Justice
 1375  Estimating Conference, which shall convene as soon as possible
 1376  to revise the estimates. The Department of Corrections may then
 1377  submit a budget amendment requesting the establishment of
 1378  positions in excess of the number authorized by the Legislature
 1379  and additional appropriations from unallocated general revenue
 1380  sufficient to provide for essential staff, fixed capital
 1381  improvements, and other resources to provide classification,
 1382  security, food services, health services, and other variable
 1383  expenses within the institutions to accommodate the estimated
 1384  increase in the inmate population. All actions taken pursuant to
 1385  this subsection are subject to review and approval by the
 1386  Legislative Budget Commission. This subsection expires July 1,
 1387  2021 2020.
 1388         Section 40. In order to implement Specific Appropriation
 1389  707 of the 2020-2021 General Appropriations Act, and upon the
 1390  expiration and reversion of the amendments made by section 52 of
 1391  chapter 2019-116, Laws of Florida, paragraph (b) of subsection
 1392  (8) of section 1011.80, Florida Statutes, is amended to read:
 1393         1011.80 Funds for operation of workforce education
 1394  programs.—
 1395         (8)
 1396         (b) State funds provided for the operation of postsecondary
 1397  workforce programs may not be expended for the education of
 1398  state or federal inmates, except to the extent that such funds
 1399  are specifically appropriated for such purpose in the 2020-2021
 1400  General Appropriations Act with more than 24 months of time
 1401  remaining to serve on their sentences or federal inmates.
 1402         Section 41. The amendment made to s. 1011.80(8)(b), Florida
 1403  Statutes, by this act expires July 1, 2021, and the text of that
 1404  paragraph shall revert to that in existence on July 1, 2019, but
 1405  not including any amendments made by this act or chapters 2019
 1406  116 and 2018-10, Laws of Florida, and any amendments to such
 1407  text enacted other than by this act shall be preserved and
 1408  continue to operate to the extent that such amendments are not
 1409  dependent upon the portions of text which expire pursuant to
 1410  this section.
 1411         Section 42. In order to implement Specific Appropriations
 1412  3187 through 3253 of the 2020-2021 General Appropriations Act,
 1413  subsection (2) of section 215.18, Florida Statutes, is amended
 1414  to read:
 1415         215.18 Transfers between funds; limitation.—
 1416         (2) The Chief Justice of the Supreme Court may receive one
 1417  or more trust fund loans to ensure that the state court system
 1418  has funds sufficient to meet its appropriations in the 2020-2021
 1419  2019-2020 General Appropriations Act. If the Chief Justice
 1420  accesses the loan, he or she must notify the Governor and the
 1421  chairs of the legislative appropriations committees in writing.
 1422  The loan must come from other funds in the State Treasury which
 1423  are for the time being or otherwise in excess of the amounts
 1424  necessary to meet the just requirements of such last-mentioned
 1425  funds. The Governor shall order the transfer of funds within 5
 1426  days after the written notification from the Chief Justice. If
 1427  the Governor does not order the transfer, the Chief Financial
 1428  Officer shall transfer the requested funds. The loan of funds
 1429  from which any money is temporarily transferred must be repaid
 1430  by the end of the 2020-2021 2019-2020 fiscal year. This
 1431  subsection expires July 1, 2021 2020.
 1432         Section 43. (1)In order to implement Specific
 1433  Appropriations 1120 through 1131 of the 2020-2021 General
 1434  Appropriations Act, the Department of Juvenile Justice is
 1435  required to review county juvenile detention payments to ensure
 1436  that counties fulfill their financial responsibilities required
 1437  in s. 985.6865, Florida Statutes. If the Department of Juvenile
 1438  Justice determines that a county has not met its obligations,
 1439  the department shall direct the Department of Revenue to deduct
 1440  the amount owed to the Department of Juvenile Justice from the
 1441  funds provided to the county under s. 218.23, Florida Statutes.
 1442  The Department of Revenue shall transfer the funds withheld to
 1443  the Shared County/State Juvenile Detention Trust Fund.
 1444         (2)As an assurance to holders of bonds issued by counties
 1445  before July 1, 2020, for which distributions made pursuant to s.
 1446  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1447  such bonds which mature no later than the bonds they refunded
 1448  and which result in a reduction of debt service payable in each
 1449  fiscal year, the amount available for distribution to a county
 1450  shall remain as provided by law and continue to be subject to
 1451  any lien or claim on behalf of the bondholders. The Department
 1452  of Revenue must ensure, based on information provided by an
 1453  affected county, that any reduction in amounts distributed
 1454  pursuant to subsection (1) does not reduce the amount of
 1455  distribution to a county below the amount necessary for the
 1456  timely payment of principal and interest when due on the bonds
 1457  and the amount necessary to comply with any covenant under the
 1458  bond resolution or other documents relating to the issuance of
 1459  the bonds. If a reduction to a county’s monthly distribution
 1460  must be decreased in order to comply with this section, the
 1461  Department of Revenue must notify the Department of Juvenile
 1462  Justice of the amount of the decrease, and the Department of
 1463  Juvenile Justice must send a bill for payment of such amount to
 1464  the affected county.
 1465         (3)This section expires July 1, 2021.
 1466         Section 44. In order to implement Specific Appropriations
 1467  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1468  2020-2021 General Appropriations Act, and notwithstanding the
 1469  expiration date in section 57 of chapter 2019-116, Laws of
 1470  Florida, present subsection (11) of section 27.40, Florida
 1471  Statutes is renumbered as subsection (12), a new subsection (11)
 1472  is added to that section, and subsection (1), paragraph (a) of
 1473  subsection (2), paragraph (a) of subsection (3), and subsections
 1474  (5), (6), and (7) of that section are reenacted, to read:
 1475         27.40 Court-appointed counsel; circuit registries; minimum
 1476  requirements; appointment by court.—
 1477         (1) Counsel shall be appointed to represent any individual
 1478  in a criminal or civil proceeding entitled to court-appointed
 1479  counsel under the Federal or State Constitution or as authorized
 1480  by general law. The court shall appoint a public defender to
 1481  represent indigent persons as authorized in s. 27.51. The office
 1482  of criminal conflict and civil regional counsel shall be
 1483  appointed to represent persons in those cases in which provision
 1484  is made for court-appointed counsel, but only after the public
 1485  defender has certified to the court in writing that the public
 1486  defender is unable to provide representation due to a conflict
 1487  of interest or is not authorized to provide representation. The
 1488  public defender shall report, in the aggregate, the specific
 1489  basis of all conflicts of interest certified to the court. On a
 1490  quarterly basis, the public defender shall submit this
 1491  information to the Justice Administrative Commission.
 1492         (2)(a) Private counsel shall be appointed to represent
 1493  persons in those cases in which provision is made for court
 1494  appointed counsel but only after the office of criminal conflict
 1495  and civil regional counsel has been appointed and has certified
 1496  to the court in writing that the criminal conflict and civil
 1497  regional counsel is unable to provide representation due to a
 1498  conflict of interest. The criminal conflict and civil regional
 1499  counsel shall report, in the aggregate, the specific basis of
 1500  all conflicts of interest certified to the court. On a quarterly
 1501  basis, the criminal conflict and civil regional counsel shall
 1502  submit this information to the Justice Administrative
 1503  Commission.
 1504         (3) In using a registry:
 1505         (a) The chief judge of the circuit shall compile a list of
 1506  attorneys in private practice, by county and by category of
 1507  cases, and provide the list to the clerk of court in each
 1508  county. The chief judge of the circuit may restrict the number
 1509  of attorneys on the general registry list. To be included on a
 1510  registry, an attorney must certify that he or she:
 1511         1. Meets any minimum requirements established by the chief
 1512  judge and by general law for court appointment;
 1513         2. Is available to represent indigent defendants in cases
 1514  requiring court appointment of private counsel; and
 1515         3. Is willing to abide by the terms of the contract for
 1516  services, s. 27.5304, and this section.
 1517  
 1518  To be included on a registry, an attorney must enter into a
 1519  contract for services with the Justice Administrative
 1520  Commission. Failure to comply with the terms of the contract for
 1521  services may result in termination of the contract and removal
 1522  from the registry. Each attorney on the registry is responsible
 1523  for notifying the clerk of the court and the Justice
 1524  Administrative Commission of any change in his or her status.
 1525  Failure to comply with this requirement is cause for termination
 1526  of the contract for services and removal from the registry until
 1527  the requirement is fulfilled.
 1528         (5) The Justice Administrative Commission shall approve
 1529  uniform contract forms for use in procuring the services of
 1530  private court-appointed counsel and uniform procedures and forms
 1531  for use by a court-appointed attorney in support of billing for
 1532  attorney’s fees, costs, and related expenses to demonstrate the
 1533  attorney’s completion of specified duties. Such uniform
 1534  contracts and forms for use in billing must be consistent with
 1535  s. 27.5304, s. 216.311, and the General Appropriations Act and
 1536  must contain the following statement: “The State of Florida’s
 1537  performance and obligation to pay under this contract is
 1538  contingent upon an annual appropriation by the Legislature.”
 1539         (6) After court appointment, the attorney must immediately
 1540  file a notice of appearance with the court indicating acceptance
 1541  of the appointment to represent the defendant and of the terms
 1542  of the uniform contract as specified in subsection (5).
 1543         (7)(a) A private attorney appointed by the court from the
 1544  registry to represent a client is entitled to payment as
 1545  provided in s. 27.5304 so long as the requirements of subsection
 1546  (1) and paragraph (2)(a) are met. An attorney appointed by the
 1547  court who is not on the registry list may be compensated under
 1548  s. 27.5304 only if the court finds in the order of appointment
 1549  that there were no registry attorneys available for
 1550  representation for that case and only if the requirements of
 1551  subsection (1) and paragraph (2)(a) are met.
 1552         (b)1. The flat fee established in s. 27.5304 and the
 1553  General Appropriations Act shall be presumed by the court to be
 1554  sufficient compensation. The attorney shall maintain appropriate
 1555  documentation, including contemporaneous and detailed hourly
 1556  accounting of time spent representing the client. If the
 1557  attorney fails to maintain such contemporaneous and detailed
 1558  hourly records, the attorney waives the right to seek
 1559  compensation in excess of the flat fee established in s. 27.5304
 1560  and the General Appropriations Act. These records and documents
 1561  are subject to review by the Justice Administrative Commission
 1562  and audit by the Auditor General, subject to the attorney-client
 1563  privilege and work-product privilege. The attorney shall
 1564  maintain the records and documents in a manner that enables the
 1565  attorney to redact any information subject to a privilege in
 1566  order to facilitate the commission’s review of the records and
 1567  documents and not to impede such review. The attorney may redact
 1568  information from the records and documents only to the extent
 1569  necessary to comply with the privilege. The Justice
 1570  Administrative Commission shall review such records and shall
 1571  contemporaneously document such review before authorizing
 1572  payment to an attorney. Objections by or on behalf of the
 1573  Justice Administrative Commission to records or documents or to
 1574  claims for payment by the attorney shall be presumed correct by
 1575  the court unless the court determines, in writing, that
 1576  competent and substantial evidence exists to justify overcoming
 1577  the presumption.
 1578         2. If an attorney fails, refuses, or declines to permit the
 1579  commission or the Auditor General to review documentation for a
 1580  case as provided in this paragraph, the attorney waives the
 1581  right to seek, and the commission may not pay, compensation in
 1582  excess of the flat fee established in s. 27.5304 and the General
 1583  Appropriations Act for that case.
 1584         3. A finding by the commission that an attorney has waived
 1585  the right to seek compensation in excess of the flat fee
 1586  established in s. 27.5304 and the General Appropriations Act, as
 1587  provided in this paragraph, shall be presumed to be correct,
 1588  unless the court determines, in writing, that competent and
 1589  substantial evidence exists to justify overcoming the
 1590  presumption.
 1591         (11)(a) The Cross-Jurisdictional Death Penalty Pilot
 1592  Program is established within the Office of Criminal Conflict
 1593  and Civil Regional Counsel of the Second Appellate District.
 1594         (b) If the public defender for the Fifth Judicial Circuit
 1595  or the Ninth Judicial Circuit is unable to provide
 1596  representation to an indigent defendant charged with a crime
 1597  under s. 782.04(1) or s. 790.161(4) to which the provisions of
 1598  s. 921.141 apply due to a conflict of interest and the Criminal
 1599  Conflict and Civil Regional Counsel of the Fifth Appellate
 1600  District is also unable to provide representation for an
 1601  indigent defendant due to a conflict of interest, the Criminal
 1602  Conflict and Civil Regional Counsel of the Second Appellate
 1603  District shall be appointed. If the Criminal Conflict and Civil
 1604  Regional Counsel of the Second Appellate District is unable to
 1605  provide representation to an indigent defendant due to a
 1606  conflict of interest, private counsel shall be appointed as
 1607  provided pursuant to this chapter.
 1608         (c) The Office of Criminal Conflict and Civil Regional
 1609  Counsel of the Second Appellate District shall provide a report
 1610  on the implementation of the Cross-Jurisdictional Death Penalty
 1611  Pilot Program to the Governor and the chairs of the
 1612  appropriations committees of the Senate and House of
 1613  Representatives no later than 30 days after the end of each
 1614  calendar quarter. The reports must include the number of cases
 1615  retained, the number of cases conflicted, the estimated cost
 1616  savings of the program, and any recommendations to improve the
 1617  program. The Justice Administrative Commission shall provide
 1618  data to assist with the program.
 1619         (d) This subsection expires June 30, 2021. Notwithstanding
 1620  the expiration of this subsection, appointments made pursuant to
 1621  this section before June 30, 2021, shall continue until
 1622  completion of the case.
 1623         Section 45. In order to implement Specific Appropriations
 1624  731 through 752, 916 through 1062, and 1083 through 1119 of the
 1625  2020-2021 General Appropriations Act, and notwithstanding the
 1626  expiration date in section 59 of chapter 2019-116, Laws of
 1627  Florida, subsections (1), (3), (7), and (11), and paragraphs (a)
 1628  through (e) of subsection (12) of section 27.5304, Florida
 1629  Statutes, are reenacted, and subsection (13) of that section is
 1630  amended, to read:
 1631         27.5304 Private court-appointed counsel; compensation;
 1632  notice.—
 1633         (1) Private court-appointed counsel appointed in the manner
 1634  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 1635  Justice Administrative Commission only as provided in this
 1636  section and the General Appropriations Act. The flat fees
 1637  prescribed in this section are limitations on compensation. The
 1638  specific flat fee amounts for compensation shall be established
 1639  annually in the General Appropriations Act. The attorney also
 1640  shall be reimbursed for reasonable and necessary expenses in
 1641  accordance with s. 29.007. If the attorney is representing a
 1642  defendant charged with more than one offense in the same case,
 1643  the attorney shall be compensated at the rate provided for the
 1644  most serious offense for which he or she represented the
 1645  defendant. This section does not allow stacking of the fee
 1646  limits established by this section.
 1647         (3) The court retains primary authority and responsibility
 1648  for determining the reasonableness of all billings for attorney
 1649  fees, costs, and related expenses, subject to statutory
 1650  limitations and the requirements of s. 27.40(7). Private court
 1651  appointed counsel is entitled to compensation upon final
 1652  disposition of a case.
 1653         (7) Counsel eligible to receive compensation from the state
 1654  for representation pursuant to court appointment made in
 1655  accordance with the requirements of s. 27.40(1) and (2)(a) in a
 1656  proceeding under chapter 384, chapter 390, chapter 392, chapter
 1657  393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
 1658  744, or chapter 984 shall receive compensation not to exceed the
 1659  limits prescribed in the General Appropriations Act. Any such
 1660  compensation must be determined as provided in s. 27.40(7).
 1661         (11) It is the intent of the Legislature that the flat fees
 1662  prescribed under this section and the General Appropriations Act
 1663  comprise the full and complete compensation for private court
 1664  appointed counsel. It is further the intent of the Legislature
 1665  that the fees in this section are prescribed for the purpose of
 1666  providing counsel with notice of the limit on the amount of
 1667  compensation for representation in particular proceedings and
 1668  the sole procedure and requirements for obtaining payment for
 1669  the same.
 1670         (a) If court-appointed counsel moves to withdraw prior to
 1671  the full performance of his or her duties through the completion
 1672  of the case, the court shall presume that the attorney is not
 1673  entitled to the payment of the full flat fee established under
 1674  this section and the General Appropriations Act.
 1675         (b) If court-appointed counsel is allowed to withdraw from
 1676  representation prior to the full performance of his or her
 1677  duties through the completion of the case and the court appoints
 1678  a subsequent attorney, the total compensation for the initial
 1679  and any and all subsequent attorneys may not exceed the flat fee
 1680  established under this section and the General Appropriations
 1681  Act, except as provided in subsection (12).
 1682  
 1683  This subsection constitutes notice to any subsequently appointed
 1684  attorney that he or she will not be compensated the full flat
 1685  fee.
 1686         (12) The Legislature recognizes that on rare occasions an
 1687  attorney may receive a case that requires extraordinary and
 1688  unusual effort.
 1689         (a) If counsel seeks compensation that exceeds the limits
 1690  prescribed by law, he or she must file a motion with the chief
 1691  judge for an order approving payment of attorney fees in excess
 1692  of these limits.
 1693         1. Before filing the motion, the counsel shall deliver a
 1694  copy of the intended billing, together with supporting
 1695  affidavits and all other necessary documentation, to the Justice
 1696  Administrative Commission.
 1697         2. The Justice Administrative Commission shall review the
 1698  billings, affidavit, and documentation for completeness and
 1699  compliance with contractual and statutory requirements and shall
 1700  contemporaneously document such review before authorizing
 1701  payment to an attorney. If the Justice Administrative Commission
 1702  objects to any portion of the proposed billing, the objection
 1703  and supporting reasons must be communicated in writing to the
 1704  private court-appointed counsel. The counsel may thereafter file
 1705  his or her motion, which must specify whether the commission
 1706  objects to any portion of the billing or the sufficiency of
 1707  documentation, and shall attach the commission’s letter stating
 1708  its objection.
 1709         (b) Following receipt of the motion to exceed the fee
 1710  limits, the chief judge or a single designee shall hold an
 1711  evidentiary hearing. The chief judge may select only one judge
 1712  per circuit to hear and determine motions pursuant to this
 1713  subsection, except multicounty circuits and the eleventh circuit
 1714  may have up to two designees.
 1715         1. At the hearing, the attorney seeking compensation must
 1716  prove by competent and substantial evidence that the case
 1717  required extraordinary and unusual efforts. The chief judge or
 1718  single designee shall consider criteria such as the number of
 1719  witnesses, the complexity of the factual and legal issues, and
 1720  the length of trial. The fact that a trial was conducted in a
 1721  case does not, by itself, constitute competent substantial
 1722  evidence of an extraordinary and unusual effort. In a criminal
 1723  case, relief under this section may not be granted if the number
 1724  of work hours does not exceed 75 or the number of the state’s
 1725  witnesses deposed does not exceed 20.
 1726         2. Objections by or on behalf of the Justice Administrative
 1727  Commission to records or documents or to claims for payment by
 1728  the attorney shall be presumed correct by the court unless the
 1729  court determines, in writing, that competent and substantial
 1730  evidence exists to justify overcoming the presumption. The chief
 1731  judge or single designee shall enter a written order detailing
 1732  his or her findings and identifying the extraordinary nature of
 1733  the time and efforts of the attorney in the case which warrant
 1734  exceeding the flat fee established by this section and the
 1735  General Appropriations Act.
 1736         (c) A copy of the motion and attachments shall be served on
 1737  the Justice Administrative Commission at least 20 business days
 1738  before the date of a hearing. The Justice Administrative
 1739  Commission has standing to appear before the court, and may
 1740  appear in person or telephonically, including at the hearing
 1741  under paragraph (b), to contest any motion for an order
 1742  approving payment of attorney fees, costs, or related expenses
 1743  and may participate in a hearing on the motion by use of
 1744  telephonic or other communication equipment. The Justice
 1745  Administrative Commission may contract with other public or
 1746  private entities or individuals to appear before the court for
 1747  the purpose of contesting any motion for an order approving
 1748  payment of attorney fees, costs, or related expenses. The fact
 1749  that the Justice Administrative Commission has not objected to
 1750  any portion of the billing or to the sufficiency of the
 1751  documentation is not binding on the court.
 1752         (d) If the chief judge or a single designee finds that
 1753  counsel has proved by competent and substantial evidence that
 1754  the case required extraordinary and unusual efforts, the chief
 1755  judge or single designee shall order the compensation to be paid
 1756  to the attorney at a percentage above the flat fee rate,
 1757  depending on the extent of the unusual and extraordinary effort
 1758  required. The percentage must be only the rate necessary to
 1759  ensure that the fees paid are not confiscatory under common law.
 1760  The percentage may not exceed 200 percent of the established
 1761  flat fee, absent a specific finding that 200 percent of the flat
 1762  fee in the case would be confiscatory. If the chief judge or
 1763  single designee determines that 200 percent of the flat fee
 1764  would be confiscatory, he or she shall order the amount of
 1765  compensation using an hourly rate not to exceed $75 per hour for
 1766  a noncapital case and $100 per hour for a capital case. However,
 1767  the compensation calculated by using the hourly rate shall be
 1768  only that amount necessary to ensure that the total fees paid
 1769  are not confiscatory, subject to the requirements of s.
 1770  27.40(7).
 1771         (e) Any order granting relief under this subsection must be
 1772  attached to the final request for a payment submitted to the
 1773  Justice Administrative Commission and must satisfy the
 1774  requirements of subparagraph (b)2.
 1775         (13) Notwithstanding the limitation set forth in subsection
 1776  (5) and for the 2020-2021 2019-2020 fiscal year only, the
 1777  compensation for representation in a criminal proceeding may not
 1778  exceed the following:
 1779         (a) For misdemeanors and juveniles represented at the trial
 1780  level: $1,000.
 1781         (b) For noncapital, nonlife felonies represented at the
 1782  trial level: $15,000.
 1783         (c) For life felonies represented at the trial level:
 1784  $15,000.
 1785         (d) For capital cases represented at the trial level:
 1786  $25,000. For purposes of this paragraph, a “capital case” is any
 1787  offense for which the potential sentence is death and the state
 1788  has not waived seeking the death penalty.
 1789         (e) For representation on appeal: $9,000.
 1790         (f) This subsection expires July 1, 2021 2020.
 1791         Section 46. The amendments to s. 27.40(1), (2)(a), (3)(a),
 1792  (5), (6), and (7), Florida Statutes, and 27.5304(1), (3), (7),
 1793  (11), and (12)(a)-(e), Florida Statutes, as carried forward from
 1794  chapter 2019-116, Laws of Florida, by this act, expire July 1,
 1795  2021, and the text of those subsections and paragraphs, as
 1796  applicable, shall revert to that in existence on June 30, 2019,
 1797  except that any amendments to such text enacted other than by
 1798  this act shall be preserved and continue to operate to the
 1799  extent that such amendments are not dependent upon the portions
 1800  of text which expire pursuant to this section.
 1801         Section 47. In order to implement Specific Appropriation
 1802  736 of the 2020-2021 General Appropriations Act, and
 1803  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 1804  circuit court are responsible for any costs of compensation to
 1805  jurors, for meals or lodging provided to jurors, and for jury
 1806  related personnel costs that exceed the funding provided in the
 1807  General Appropriations Act for these purposes. This section
 1808  expires July 1, 2021.
 1809         Section 48. In order to implement Specific Appropriations
 1810  916 through 1062 of the 2020-2021 General Appropriations Act,
 1811  and notwithstanding the expiration date in section 63 of chapter
 1812  2019-116, Laws of Florida, paragraph (c) of subsection (19) of
 1813  section 318.18, Florida Statutes, is reenacted to read:
 1814         318.18 Amount of penalties.—The penalties required for a
 1815  noncriminal disposition pursuant to s. 318.14 or a criminal
 1816  offense listed in s. 318.17 are as follows:
 1817         (19) In addition to any penalties imposed, an Article V
 1818  assessment of $10 must be paid for all noncriminal moving and
 1819  nonmoving violations under chapters 316, 320, and 322. The
 1820  assessment is not revenue for purposes of s. 28.36 and may not
 1821  be used in establishing the budget of the clerk of the court
 1822  under that section or s. 28.35. Of the funds collected under
 1823  this subsection:
 1824         (c) The sum of $1.67 shall be deposited in the Indigent
 1825  Criminal Defense Trust Fund for use by the public defenders.
 1826         Section 49. In order to implement Specific Appropriations
 1827  916 through 1062 of the 2020-2021 General Appropriations Act,
 1828  and notwithstanding the expiration date in section 63 of chapter
 1829  2019-116, Laws of Florida, paragraph (b) of subsection (12) of
 1830  section 817.568, Florida Statutes, is reenacted to read:
 1831         817.568 Criminal use of personal identification
 1832  information.—
 1833         (12) In addition to any sanction imposed when a person
 1834  pleads guilty or nolo contendere to, or is found guilty of,
 1835  regardless of adjudication, a violation of this section, the
 1836  court shall impose a surcharge of $1,001.
 1837         (b) The sum of $250 of the surcharge shall be deposited
 1838  into the State Attorneys Revenue Trust Fund for the purpose of
 1839  funding prosecutions of offenses relating to the criminal use of
 1840  personal identification information. The sum of $250 of the
 1841  surcharge shall be deposited into the Indigent Criminal Defense
 1842  Trust Fund for the purposes of indigent criminal defense related
 1843  to the criminal use of personal identification information.
 1844         Section 50. The text of ss. 318.18(19)(c) and
 1845  817.568(12)(b), Florida Statutes, as carried forward from
 1846  chapter 2018-10, Laws of Florida, by this act, expires July 1,
 1847  2021, and the text of those paragraphs shall revert to that in
 1848  existence on June 30, 2018, except that any amendments to such
 1849  text enacted other than by this act shall be preserved and
 1850  continue to operate to the extent that such amendments are not
 1851  dependent upon the portions of text which expire pursuant to
 1852  this section.
 1853         Section 51. In order to implement appropriations used to
 1854  pay existing lease contracts for private lease space in excess
 1855  of 2,000 square feet in the 2020-2021 General Appropriations
 1856  Act, the Department of Management Services, with the cooperation
 1857  of the agencies having the existing lease contracts for office
 1858  or storage space, shall use tenant broker services to
 1859  renegotiate or reprocure all private lease agreements for office
 1860  or storage space expiring between July 1, 2021, and June 30,
 1861  2023, in order to reduce costs in future years. The department
 1862  shall incorporate this initiative into its 2020 master leasing
 1863  report required under s. 255.249(7), Florida Statutes, and may
 1864  use tenant broker services to explore the possibilities of
 1865  colocating office or storage space, to review the space needs of
 1866  each agency, and to review the length and terms of potential
 1867  renewals or renegotiations. The department shall provide a
 1868  report to the Executive Office of the Governor, the President of
 1869  the Senate, and the Speaker of the House of Representatives by
 1870  November 1, 2020, which lists each lease contract for private
 1871  office or storage space, the status of renegotiations, and the
 1872  savings achieved. This section expires July 1, 2021.
 1873         Section 52. In order to implement appropriations authorized
 1874  in the 2020-2021 General Appropriations Act for data center
 1875  services, and notwithstanding s. 216.292(2)(a), Florida
 1876  Statutes, an agency may not transfer funds from a data
 1877  processing category to a category other than another data
 1878  processing category. This section expires July 1, 2021.
 1879         Section 53. In order to implement the appropriation of
 1880  funds in the appropriation category “Data Processing Assessment
 1881  Department of Management Services” in the 2020-2021 General
 1882  Appropriations Act, and pursuant to the notice, review, and
 1883  objection procedures of s. 216.177, Florida Statutes, the
 1884  Executive Office of the Governor may transfer funds appropriated
 1885  in that category between departments in order to align the
 1886  budget authority granted based on the estimated billing cycle
 1887  and methodology used by the Department of Management Services
 1888  for data processing services provided. This section expires July
 1889  1, 2021.
 1890         Section 54. In order to implement the appropriation of
 1891  funds in the appropriation category “Special Categories-Risk
 1892  Management Insurance” in the 2020-2021 General Appropriations
 1893  Act, and pursuant to the notice, review, and objection
 1894  procedures of s. 216.177, Florida Statutes, the Executive Office
 1895  of the Governor may transfer funds appropriated in that category
 1896  between departments in order to align the budget authority
 1897  granted with the premiums paid by each department for risk
 1898  management insurance. This section expires July 1, 2021.
 1899         Section 55. In order to implement the appropriation of
 1900  funds in the appropriation category “Special Categories-Transfer
 1901  to Department of Management Services-Human Resources Services
 1902  Purchased per Statewide Contract” in the 2020-2021 General
 1903  Appropriations Act, and pursuant to the notice, review, and
 1904  objection procedures of s. 216.177, Florida Statutes, the
 1905  Executive Office of the Governor may transfer funds appropriated
 1906  in that category between departments in order to align the
 1907  budget authority granted with the assessments that must be paid
 1908  by each agency to the Department of Management Services for
 1909  human resource management services. This section expires July 1,
 1910  2021.
 1911         Section 56. In order to implement Specific Appropriations
 1912  2388 through 2391 of the 2020-2021 General Appropriations Act:
 1913         (1)The Department of Financial Services shall replace the
 1914  four main components of the Florida Accounting Information
 1915  Resource Subsystem (FLAIR), which include central FLAIR,
 1916  departmental FLAIR, payroll, and information warehouse, and
 1917  shall replace the cash management and accounting management
 1918  components of the Cash Management Subsystem (CMS) with an
 1919  integrated enterprise system that allows the state to organize,
 1920  define, and standardize its financial management business
 1921  processes and that complies with ss. 215.90-215.96, Florida
 1922  Statutes. The department may not include in the replacement of
 1923  FLAIR and CMS:
 1924         (a)Functionality that duplicates any of the other
 1925  information subsystems of the Florida Financial Management
 1926  Information System; or
 1927         (b)Agency business processes related to any of the
 1928  functions included in the Personnel Information System, the
 1929  Purchasing Subsystem, or the Legislative Appropriations
 1930  System/Planning and Budgeting Subsystem.
 1931         (2)For purposes of replacing FLAIR and CMS, the Department
 1932  of Financial Services shall:
 1933         (a)Take into consideration the cost and implementation
 1934  data identified for Option 3 as recommended in the March 31,
 1935  2014, Florida Department of Financial Services FLAIR Study,
 1936  version 031.
 1937         (b)Ensure that all business requirements and technical
 1938  specifications have been provided to all state agencies for
 1939  their review and input and approved by the executive steering
 1940  committee established in paragraph (c).
 1941         (c)Implement a project governance structure that includes
 1942  an executive steering committee composed of:
 1943         1.The Chief Financial Officer or the executive sponsor of
 1944  the project.
 1945         2.A representative of the Division of Treasury of the
 1946  Department of Financial Services, appointed by the Chief
 1947  Financial Officer.
 1948         3.A representative of the Division of Information Systems
 1949  of the Department of Financial Services, appointed by the Chief
 1950  Financial Officer.
 1951         4.Four employees from the Division of Accounting and
 1952  Auditing of the Department of Financial Services, appointed by
 1953  the Chief Financial Officer. Each employee must have experience
 1954  relating to at least one of the four main components that
 1955  comprise FLAIR.
 1956         5.Two employees from the Executive Office of the Governor,
 1957  appointed by the Governor. One employee must have experience
 1958  relating to the Legislative Appropriations System/Planning and
 1959  Budgeting Subsystem.
 1960         6.One employee from the Department of Revenue, appointed
 1961  by the executive director, who has experience relating to the
 1962  department’s SUNTAX system.
 1963         7.Two employees from the Department of Management
 1964  Services, appointed by the Secretary of Management Services. One
 1965  employee must have experience relating to the department’s
 1966  personnel information subsystem, and one employee must have
 1967  experience relating to the department’s purchasing subsystem.
 1968         8.Three state agency administrative services directors,
 1969  appointed by the Governor. One director must represent a
 1970  regulatory and licensing state agency, and one director must
 1971  represent a healthcare-related state agency.
 1972         (3)The Chief Financial Officer or the executive sponsor of
 1973  the project shall serve as chair of the executive steering
 1974  committee, and the committee shall take action by a vote of at
 1975  least eight affirmative votes with the Chief Financial Officer
 1976  or the executive sponsor of the project voting on the prevailing
 1977  side. A quorum of the executive steering committee consists of
 1978  at least 10 members.
 1979         (4)The executive steering committee has the overall
 1980  responsibility for ensuring that the project to replace FLAIR
 1981  and CMS meets its primary business objectives and shall:
 1982         (a)Identify and recommend to the Executive Office of the
 1983  Governor, the President of the Senate, and the Speaker of the
 1984  House of Representatives any statutory changes needed to
 1985  implement the replacement subsystem that will standardize, to
 1986  the fullest extent possible, the state’s financial management
 1987  business processes.
 1988         (b)Review and approve any changes to the project’s scope,
 1989  schedule, and budget which do not conflict with the requirements
 1990  of subsection (1).
 1991         (c)Ensure that adequate resources are provided throughout
 1992  all phases of the project.
 1993         (d)Approve all major project deliverables.
 1994         (e)Approve all solicitation-related documents associated
 1995  with the replacement of FLAIR and CMS.
 1996         (5)This section expires July 1, 2021.
 1997         Section 57. In order to implement Specific Appropriation
 1998  1633 of the 2020-2021 General Appropriations Act, paragraph (d)
 1999  of subsection (11) of section 216.181, Florida Statutes, is
 2000  amended to read:
 2001         216.181 Approved budgets for operations and fixed capital
 2002  outlay.—
 2003         (11)
 2004         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2005  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 2006  Budget Commission may increase the amounts appropriated to the
 2007  Fish and Wildlife Conservation Commission or the Department of
 2008  Environmental Protection for fixed capital outlay projects,
 2009  including additional fixed capital outlay projects, using funds
 2010  provided to the state from the Gulf Environmental Benefit Fund
 2011  administered by the National Fish and Wildlife Foundation; funds
 2012  provided to the state from the Gulf Coast Restoration Trust Fund
 2013  related to the Resources and Ecosystems Sustainability, Tourist
 2014  Opportunities, and Revived Economies of the Gulf Coast Act of
 2015  2012 (RESTORE Act); or funds provided by the British Petroleum
 2016  Corporation (BP) for natural resource damage assessment
 2017  restoration projects. Concurrent with submission of an amendment
 2018  to the Legislative Budget Commission pursuant to this paragraph,
 2019  any project that carries a continuing commitment for future
 2020  appropriations by the Legislature must be specifically
 2021  identified, together with the projected amount of the future
 2022  commitment associated with the project and the fiscal years in
 2023  which the commitment is expected to commence. This paragraph
 2024  expires July 1, 2021 2020.
 2025  
 2026  The provisions of this subsection are subject to the notice and
 2027  objection procedures set forth in s. 216.177.
 2028         Section 58. In order to implement specific appropriations
 2029  from the land acquisition trust funds within the Department of
 2030  Agriculture and Consumer Services, the Department of
 2031  Environmental Protection, the Department of State, and the Fish
 2032  and Wildlife Conservation Commission, which are contained in the
 2033  2020-2021 General Appropriations Act, subsection (3) of section
 2034  215.18, Florida Statutes, is amended to read:
 2035         215.18 Transfers between funds; limitation.—
 2036         (3) Notwithstanding subsection (1) and only with respect to
 2037  a land acquisition trust fund in the Department of Agriculture
 2038  and Consumer Services, the Department of Environmental
 2039  Protection, the Department of State, or the Fish and Wildlife
 2040  Conservation Commission, whenever there is a deficiency in a
 2041  land acquisition trust fund which would render that trust fund
 2042  temporarily insufficient to meet its just requirements,
 2043  including the timely payment of appropriations from that trust
 2044  fund, and other trust funds in the State Treasury have moneys
 2045  that are for the time being or otherwise in excess of the
 2046  amounts necessary to meet the just requirements, including
 2047  appropriated obligations, of those other trust funds, the
 2048  Governor may order a temporary transfer of moneys from one or
 2049  more of the other trust funds to a land acquisition trust fund
 2050  in the Department of Agriculture and Consumer Services, the
 2051  Department of Environmental Protection, the Department of State,
 2052  or the Fish and Wildlife Conservation Commission. Any action
 2053  proposed pursuant to this subsection is subject to the notice,
 2054  review, and objection procedures of s. 216.177, and the Governor
 2055  shall provide notice of such action at least 7 days before the
 2056  effective date of the transfer of trust funds, except that
 2057  during July 2020 2019, notice of such action shall be provided
 2058  at least 3 days before the effective date of a transfer unless
 2059  such 3-day notice is waived by the chair and vice-chair of the
 2060  Legislative Budget Commission. Any transfer of trust funds to a
 2061  land acquisition trust fund in the Department of Agriculture and
 2062  Consumer Services, the Department of Environmental Protection,
 2063  the Department of State, or the Fish and Wildlife Conservation
 2064  Commission must be repaid to the trust funds from which the
 2065  moneys were loaned by the end of the 2020-2021 2019-2020 fiscal
 2066  year. The Legislature has determined that the repayment of the
 2067  other trust fund moneys temporarily loaned to a land acquisition
 2068  trust fund in the Department of Agriculture and Consumer
 2069  Services, the Department of Environmental Protection, the
 2070  Department of State, or the Fish and Wildlife Conservation
 2071  Commission pursuant to this subsection is an allowable use of
 2072  the moneys in a land acquisition trust fund because the moneys
 2073  from other trust funds temporarily loaned to a land acquisition
 2074  trust fund shall be expended solely and exclusively in
 2075  accordance with s. 28, Art. X of the State Constitution. This
 2076  subsection expires July 1, 2021 2020.
 2077         Section 59. (1)In order to implement specific
 2078  appropriations from the land acquisition trust funds within the
 2079  Department of Agriculture and Consumer Services, the Department
 2080  of Environmental Protection, the Department of State, and the
 2081  Fish and Wildlife Conservation Commission, which are contained
 2082  in the 2020-2021 General Appropriations Act, the Department of
 2083  Environmental Protection shall transfer revenues from the Land
 2084  Acquisition Trust Fund within the department to the land
 2085  acquisition trust funds within the Department of Agriculture and
 2086  Consumer Services, the Department of State, and the Fish and
 2087  Wildlife Conservation Commission, as provided in this section.
 2088  As used in this section, the term “department” means the
 2089  Department of Environmental Protection.
 2090         (2)After subtracting any required debt service payments,
 2091  the proportionate share of revenues to be transferred to each
 2092  land acquisition trust fund shall be calculated by dividing the
 2093  appropriations from each of the land acquisition trust funds for
 2094  the fiscal year by the total appropriations from the Land
 2095  Acquisition Trust Fund within the department and the land
 2096  acquisition trust funds within the Department of Agriculture and
 2097  Consumer Services, the Department of State, and the Fish and
 2098  Wildlife Conservation Commission for the fiscal year. The
 2099  department shall transfer the proportionate share of the
 2100  revenues in the Land Acquisition Trust Fund within the
 2101  department on a monthly basis to the appropriate land
 2102  acquisition trust funds within the Department of Agriculture and
 2103  Consumer Services, the Department of State, and the Fish and
 2104  Wildlife Conservation Commission and shall retain its
 2105  proportionate share of the revenues in the Land Acquisition
 2106  Trust Fund within the department. Total distributions to a land
 2107  acquisition trust fund within the Department of Agriculture and
 2108  Consumer Services, the Department of State, and the Fish and
 2109  Wildlife Conservation Commission may not exceed the total
 2110  appropriations from such trust fund for the fiscal year.
 2111         (3)In addition, the department shall transfer from the
 2112  Land Acquisition Trust Fund to land acquisition trust funds
 2113  within the Department of Agriculture and Consumer Services, the
 2114  Department of State, and the Fish and Wildlife Conservation
 2115  Commission amounts equal to the difference between the amounts
 2116  appropriated in chapter 2019-115, Laws of Florida, to the
 2117  department’s Land Acquisition Trust Fund and the other land
 2118  acquisition trust funds, and the amounts actually transferred
 2119  between those trust funds during the 2019-2020 fiscal year.
 2120         (4)The department may advance funds from the beginning
 2121  unobligated fund balance in the Land Acquisition Trust Fund to
 2122  the Land Acquisition Trust Fund within the Fish and Wildlife
 2123  Conservation Commission needed for cash flow purposes based on a
 2124  detailed expenditure plan. The department shall prorate amounts
 2125  transferred quarterly to the Fish and Wildlife Conservation
 2126  Commission to recoup the amount of funds advanced by June 30,
 2127  2021.
 2128         (5)This section expires July 1, 2021.
 2129         Section 60. In order to implement Specific Appropriation
 2130  1763 of the 2020-2021 General Appropriations Act, paragraph (e)
 2131  of subsection (11) of section 216.181, Florida Statutes, is
 2132  amended to read:
 2133         216.181 Approved budgets for operations and fixed capital
 2134  outlay.—
 2135         (11)
 2136         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2137  for the 2020-2021 2019-2020 fiscal year only, the Legislative
 2138  Budget Commission may increase the amounts appropriated to the
 2139  Department of Environmental Protection for fixed capital outlay
 2140  projects using funds provided to the state from the
 2141  environmental mitigation trust administered by a trustee
 2142  designated by the United States District Court for the Northern
 2143  District of California for eligible mitigation actions and
 2144  mitigation action expenditures described in the partial consent
 2145  decree entered into between the United States of America and
 2146  Volkswagen relating to violations of the Clean Air Act.
 2147  Concurrent with submission of an amendment to the Legislative
 2148  Budget Commission pursuant to this paragraph, any project that
 2149  carries a continuing commitment for future appropriations by the
 2150  Legislature must be specifically identified, together with the
 2151  projected amount of the future commitment associated with the
 2152  project and the fiscal years in which the commitment is expected
 2153  to commence. This paragraph expires July 1, 2021 2020.
 2154  
 2155  The provisions of this subsection are subject to the notice and
 2156  objection procedures set forth in s. 216.177.
 2157         Section 61. In order to implement Specific Appropriation
 2158  1443 through 1452 of the 2020-2021 General Appropriations Act,
 2159  subsection (4) of section 570.441, Florida Statutes, is amended
 2160  to read:
 2161         570.441 Pest Control Trust Fund.—
 2162         (4) In addition to the uses authorized under subsection
 2163  (2), moneys collected or received by the department under
 2164  chapter 482 may be used to carry out the provisions of s.
 2165  570.44. This subsection expires June 30, 2021 2020.
 2166         Section 62. In order to implement Specific Appropriation
 2167  1380 of the 2020-2021 General Appropriations Act, and
 2168  notwithstanding the expiration date in section 91 of chapter
 2169  2019-116, Laws of Florida, paragraph (a) of subsection (1) of
 2170  section 570.93, Florida Statutes, is reenacted to read:
 2171         570.93 Department of Agriculture and Consumer Services;
 2172  agricultural water conservation and agricultural water supply
 2173  planning.—
 2174         (1) The department shall establish an agricultural water
 2175  conservation program that includes the following:
 2176         (a) A cost-share program, coordinated with the United
 2177  States Department of Agriculture and other federal, state,
 2178  regional, and local agencies when appropriate, for irrigation
 2179  system retrofit and application of mobile irrigation laboratory
 2180  evaluations, and for water conservation and water quality
 2181  improvement pursuant to s. 403.067(7)(c).
 2182         Section 63. The amendment to s. 570.93(1)(a), Florida
 2183  Statutes, as carried forward from chapter 2019-116, Laws of
 2184  Florida, by this act, expires July 1, 2021, and the text of that
 2185  paragraph shall revert to that in existence on June 30, 2019,
 2186  except that any amendments to such text enacted other than by
 2187  this act shall be preserved and continue to operate to the
 2188  extent that such amendments are not dependent upon the portions
 2189  of text which expire pursuant to this section.
 2190         Section 64. In order to implement Specific Appropriation
 2191  1728 of the 2020-2021 General Appropriations Act, paragraph (m)
 2192  of subsection (3) of section 259.105, Florida Statutes, is
 2193  amended to read:
 2194         259.105 The Florida Forever Act.—
 2195         (3) Less the costs of issuing and the costs of funding
 2196  reserve accounts and other costs associated with bonds, the
 2197  proceeds of cash payments or bonds issued pursuant to this
 2198  section shall be deposited into the Florida Forever Trust Fund
 2199  created by s. 259.1051. The proceeds shall be distributed by the
 2200  Department of Environmental Protection in the following manner:
 2201         (m) Notwithstanding paragraphs (a)-(j) and for the 2020
 2202  2021 2019-2020 fiscal year, the amount of $6 $33 million to only
 2203  the Division of State Lands within the Department of
 2204  Environmental Protection for grants pursuant to s. 375.075 the
 2205  Board of Trustees Florida Forever Priority List land acquisition
 2206  projects. This paragraph expires July 1, 2021 2020.
 2207         Section 65. In order to implement appropriations from the
 2208  Land Acquisition Trust Fund within the Department of
 2209  Environmental Protection, paragraph (b) of subsection (3) of
 2210  section 375.041, Florida Statutes, is amended to read:
 2211         375.041 Land Acquisition Trust Fund.—
 2212         (3) Funds distributed into the Land Acquisition Trust Fund
 2213  pursuant to s. 201.15 shall be applied:
 2214         (b) Of the funds remaining after the payments required
 2215  under paragraph (a), but before funds may be appropriated,
 2216  pledged, or dedicated for other uses:
 2217         1. A minimum of the lesser of 25 percent or $200 million
 2218  shall be appropriated annually for Everglades projects that
 2219  implement the Comprehensive Everglades Restoration Plan as set
 2220  forth in s. 373.470, including the Central Everglades Planning
 2221  Project subject to Congressional authorization; the Long-Term
 2222  Plan as defined in s. 373.4592(2); and the Northern Everglades
 2223  and Estuaries Protection Program as set forth in s. 373.4595.
 2224  From these funds, $32 million shall be distributed each fiscal
 2225  year through the 2023-2024 fiscal year to the South Florida
 2226  Water Management District for the Long-Term Plan as defined in
 2227  s. 373.4592(2). After deducting the $32 million distributed
 2228  under this subparagraph, from the funds remaining, a minimum of
 2229  the lesser of 76.5 percent or $100 million shall be appropriated
 2230  each fiscal year through the 2025-2026 fiscal year for the
 2231  planning, design, engineering, and construction of the
 2232  Comprehensive Everglades Restoration Plan as set forth in s.
 2233  373.470, including the Central Everglades Planning Project, the
 2234  Everglades Agricultural Area Storage Reservoir Project, the Lake
 2235  Okeechobee Watershed Project, the C-43 West Basin Storage
 2236  Reservoir Project, the Indian River Lagoon-South Project, the
 2237  Western Everglades Restoration Project, and the Picayune Strand
 2238  Restoration Project. The Department of Environmental Protection
 2239  and the South Florida Water Management District shall give
 2240  preference to those Everglades restoration projects that reduce
 2241  harmful discharges of water from Lake Okeechobee to the St.
 2242  Lucie or Caloosahatchee estuaries in a timely manner. For the
 2243  purpose of performing the calculation provided in this
 2244  subparagraph, the amount of debt service paid pursuant to
 2245  paragraph (a) for bonds issued after July 1, 2016, for the
 2246  purposes set forth under paragraph (b) shall be added to the
 2247  amount remaining after the payments required under paragraph
 2248  (a). The amount of the distribution calculated shall then be
 2249  reduced by an amount equal to the debt service paid pursuant to
 2250  paragraph (a) on bonds issued after July 1, 2016, for the
 2251  purposes set forth under this subparagraph.
 2252         2. A minimum of the lesser of 7.6 percent or $50 million
 2253  shall be appropriated annually for spring restoration,
 2254  protection, and management projects. For the purpose of
 2255  performing the calculation provided in this subparagraph, the
 2256  amount of debt service paid pursuant to paragraph (a) for bonds
 2257  issued after July 1, 2016, for the purposes set forth under
 2258  paragraph (b) shall be added to the amount remaining after the
 2259  payments required under paragraph (a). The amount of the
 2260  distribution calculated shall then be reduced by an amount equal
 2261  to the debt service paid pursuant to paragraph (a) on bonds
 2262  issued after July 1, 2016, for the purposes set forth under this
 2263  subparagraph.
 2264         3. The sum of $5 million shall be appropriated annually
 2265  each fiscal year through the 2025-2026 fiscal year to the St.
 2266  Johns River Water Management District for projects dedicated to
 2267  the restoration of Lake Apopka. This distribution shall be
 2268  reduced by an amount equal to the debt service paid pursuant to
 2269  paragraph (a) on bonds issued after July 1, 2016, for the
 2270  purposes set forth in this subparagraph.
 2271         4. The sum of $64 million is appropriated and shall be
 2272  transferred to the Everglades Trust Fund for the 2018-2019
 2273  fiscal year, and each fiscal year thereafter, for the EAA
 2274  reservoir project pursuant to s. 373.4598. Any funds remaining
 2275  in any fiscal year shall be made available only for Phase II of
 2276  the C-51 reservoir project or projects identified in
 2277  subparagraph 1. and must be used in accordance with laws
 2278  relating to such projects. Any funds made available for such
 2279  purposes in a fiscal year are in addition to the amount
 2280  appropriated under subparagraph 1. This distribution shall be
 2281  reduced by an amount equal to the debt service paid pursuant to
 2282  paragraph (a) on bonds issued after July 1, 2017, for the
 2283  purposes set forth in this subparagraph.
 2284         5. Notwithstanding subparagraph 3., for the 2020-2021 2019
 2285  2020 fiscal year, funds shall be appropriated as provided in the
 2286  General Appropriations Act. This subparagraph expires July 1,
 2287  2021 2020.
 2288         Section 66. In order to implement Specific Appropriation
 2289  2659 of the 2020-2021 General Appropriations Act, paragraph (b)
 2290  of subsection (3) and subsection (5) of section 321.04, Florida
 2291  Statutes, are amended to read:
 2292         321.04 Personnel of the highway patrol; rank
 2293  classifications; probationary status of new patrol officers;
 2294  subsistence; special assignments.—
 2295         (3)
 2296         (b) For the 2020-2021 2019-2020 fiscal year only, upon the
 2297  request of the Governor, the Department of Highway Safety and
 2298  Motor Vehicles shall assign one or more patrol officers to the
 2299  office of the Lieutenant Governor for security services. This
 2300  paragraph expires July 1, 2021 2020.
 2301         (5) For the 2020-2021 2019-2020 fiscal year only, the
 2302  assignment of a patrol officer by the department shall include a
 2303  Cabinet member specified in s. 4, Art. IV of the State
 2304  Constitution if deemed appropriate by the department or in
 2305  response to a threat and upon written request of such Cabinet
 2306  member. This subsection expires July 1, 2021 2020.
 2307         Section 67. In order to implement Specific Appropriation
 2308  2282 of the 2020-2021 General Appropriations Act, subsection (3)
 2309  of section 420.9079, Florida Statutes, is amended to read:
 2310         420.9079 Local Government Housing Trust Fund.—
 2311         (3) For the 2020-2021 2019-2020 fiscal year, funds may be
 2312  used as provided in the General Appropriations Act. This
 2313  subsection expires July 1, 2021 2020.
 2314         Section 68. In order to implement Specific Appropriation
 2315  2281 of the 2020-2021 General Appropriations Act, subsection (2)
 2316  of section 420.0005, Florida Statutes, is amended to read:
 2317         420.0005 State Housing Trust Fund; State Housing Fund.—
 2318         (2) For the 2020-2021 2019-2020 fiscal year, funds may be
 2319  used as provided in the General Appropriations Act. This
 2320  subsection expires July 1, 2021 2020.
 2321         Section 69. In order to implement Specific Appropriation
 2322  2294 of the 2020-2021 General Appropriations Act, subsection
 2323  (14) of section 288.1226, Florida Statutes, is amended to read:
 2324         288.1226 Florida Tourism Industry Marketing Corporation;
 2325  use of property; board of directors; duties; audit.—
 2326         (14) REPEAL.—This section is repealed July 1, 2021 2020,
 2327  unless reviewed and saved from repeal by the Legislature.
 2328         Section 70. In order to implement Specific Appropriation
 2329  2294 of the 2020-2021 General Appropriations Act, subsection (6)
 2330  of section 288.923, Florida Statutes, is amended to read:
 2331         288.923 Division of Tourism Marketing; definitions;
 2332  responsibilities.—
 2333         (6) This section is repealed July 1, 2021 2020, unless
 2334  reviewed and saved from repeal by the Legislature.
 2335         Section 71. In order to implement Specific Appropriation
 2336  1915 of the 2020-2021 General Appropriations Act, paragraph (g)
 2337  of subsection (8) of section 338.2278, Florida Statutes, is
 2338  amended to read:
 2339         338.2278 Multi-use Corridors of Regional Economic
 2340  Significance Program.—
 2341         (8) The amounts identified in subsection (7) by fiscal year
 2342  shall be allocated as follows:
 2343         (g)1.Except as provided in subparagraph 2., in each fiscal
 2344  year in which funding provided under this subsection for the
 2345  Small County Road Assistance Program, the Small County Outreach
 2346  Program, the Transportation Disadvantaged Trust Fund, or the
 2347  workforce development program is not committed by the end of
 2348  each fiscal year, such uncommitted funds shall be used by the
 2349  department to fund Multi-use Corridors of Regional Economic
 2350  Significance Program projects. As provided in s. 339.135(7), the
 2351  adopted work program may be amended to transfer funds between
 2352  appropriations categories or to increase an appropriation
 2353  category to implement this paragraph.
 2354         2. For the 2020-2021 fiscal year, funding provided under
 2355  this subsection for the Transportation Disadvantaged Trust Fund
 2356  under paragraph (a) which is uncommitted at the end of the 2019
 2357  2020 fiscal year may be used as provided in the General
 2358  Appropriations Act. This subparagraph expires July 1, 2021.
 2359         Section 72. In order to implement Specific Appropriations
 2360  1916 through 1929, 1929F through 1929J, 1944 through 1951, 1953
 2361  through 1962, and 1999A through 2011 of the 2020-2021 General
 2362  Appropriations Act, paragraphs (g) and (h) of subsection (7) of
 2363  section 339.135, Florida Statutes, are amended to read:
 2364         339.135 Work program; legislative budget request;
 2365  definitions; preparation, adoption, execution, and amendment.—
 2366         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2367         (g)1. Any work program amendment which also requires the
 2368  transfer of fixed capital outlay appropriations between
 2369  categories within the department or the increase of an
 2370  appropriation category is subject to the approval of the
 2371  Legislative Budget Commission.
 2372         2. If a meeting of the Legislative Budget Commission cannot
 2373  be held within 30 days after the department submits an amendment
 2374  to the Legislative Budget Commission, the chair and vice chair
 2375  of the Legislative Budget Commission may authorize such
 2376  amendment to be approved pursuant to s. 216.177. This
 2377  subparagraph expires July 1, 2021 2020.
 2378         (h)1. Any work program amendment that also adds a new
 2379  project, or phase thereof, to the adopted work program in excess
 2380  of $3 million is subject to approval by the Legislative Budget
 2381  Commission. Any work program amendment submitted under this
 2382  paragraph must include, as supplemental information, a list of
 2383  projects, or phases thereof, in the current 5-year adopted work
 2384  program which are eligible for the funds within the
 2385  appropriation category being used for the proposed amendment.
 2386  The department shall provide a narrative with the rationale for
 2387  not advancing an existing project, or phase thereof, in lieu of
 2388  the proposed amendment.
 2389         2. If a meeting of the Legislative Budget Commission cannot
 2390  be held within 30 days after the department submits an amendment
 2391  to the commission, the chair and vice chair of the commission
 2392  may authorize such amendment to be approved pursuant to s.
 2393  216.177. This subparagraph expires July 1, 2021.
 2394         Section 73. In order to implement Specific Appropriation
 2395  2599 of the 2020-2021 General Appropriations Act, paragraph (d)
 2396  of subsection (4) of section 112.061, Florida Statutes, is
 2397  amended to read:
 2398         112.061 Per diem and travel expenses of public officers,
 2399  employees, and authorized persons; statewide travel management
 2400  system.—
 2401         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 2402  officer or employee assigned to an office shall be the city or
 2403  town in which the office is located except that:
 2404         (d) A Lieutenant Governor who permanently resides outside
 2405  of Leon County, may, if he or she so requests, have an
 2406  appropriate facility in his or her county designated as his or
 2407  her official headquarters for purposes of this section. This
 2408  official headquarters may only serve as the Lieutenant
 2409  Governor’s personal office. The Lieutenant Governor may not use
 2410  state funds to lease space in any facility for his or her
 2411  official headquarters.
 2412         1. A Lieutenant Governor for whom an official headquarters
 2413  is established in his or her county of residence pursuant to
 2414  this paragraph is eligible for subsistence at a rate to be
 2415  established by the Governor for each day or partial day that the
 2416  Lieutenant Governor is at the State Capitol to conduct official
 2417  state business. In addition to the subsistence allowance, a
 2418  Lieutenant Governor is eligible for reimbursement for
 2419  transportation expenses as provided in subsection (7) for travel
 2420  between the Lieutenant Governor’s official headquarters and the
 2421  State Capitol to conduct state business.
 2422         2. Payment of subsistence and reimbursement for
 2423  transportation between a Lieutenant Governor’s official
 2424  headquarters and the State Capitol shall be made to the extent
 2425  appropriated funds are available, as determined by the Governor.
 2426         3. This paragraph expires July 1, 2021 2020.
 2427         Section 74. In order to implement the salaries and
 2428  benefits, expenses, other personal services, contracted
 2429  services, and operating capital outlay categories of the 2020
 2430  2021 General Appropriations Act, paragraph (a) of subsection (2)
 2431  of section 216.292, Florida Statutes, is amended to read:
 2432         216.292 Appropriations nontransferable; exceptions.—
 2433         (2) The following transfers are authorized to be made by
 2434  the head of each department or the Chief Justice of the Supreme
 2435  Court whenever it is deemed necessary by reason of changed
 2436  conditions:
 2437         (a) The transfer of appropriations funded from identical
 2438  funding sources, except appropriations for fixed capital outlay,
 2439  and the transfer of amounts included within the total original
 2440  approved budget and plans of releases of appropriations as
 2441  furnished pursuant to ss. 216.181 and 216.192, as follows:
 2442         1. Between categories of appropriations within a budget
 2443  entity, if no category of appropriation is increased or
 2444  decreased by more than 5 percent of the original approved budget
 2445  or $250,000, whichever is greater, by all action taken under
 2446  this subsection.
 2447         2. Between budget entities within identical categories of
 2448  appropriations, if no category of appropriation is increased or
 2449  decreased by more than 5 percent of the original approved budget
 2450  or $250,000, whichever is greater, by all action taken under
 2451  this subsection.
 2452         3. Any agency exceeding salary rate established pursuant to
 2453  s. 216.181(8) on June 30th of any fiscal year shall not be
 2454  authorized to make transfers pursuant to subparagraphs 1. and 2.
 2455  in the subsequent fiscal year.
 2456         4. Notice of proposed transfers under subparagraphs 1. and
 2457  2. shall be provided to the Executive Office of the Governor and
 2458  the chairs of the legislative appropriations committees at least
 2459  3 days prior to agency implementation in order to provide an
 2460  opportunity for review. The review shall be limited to ensuring
 2461  that the transfer is in compliance with the requirements of this
 2462  paragraph.
 2463         5. For the 2020-2021 2019-2020 fiscal year, the review
 2464  shall ensure that transfers proposed pursuant to this paragraph
 2465  comply with this chapter, maximize the use of available and
 2466  appropriate trust funds, and are not contrary to legislative
 2467  policy and intent. This subparagraph expires July 1, 2021 2020.
 2468         Section 75. In order to implement section 8 of the 2020
 2469  2021 General Appropriations Act, notwithstanding s.
 2470  110.123(3)(f) and (j), Florida Statutes, the Department of
 2471  Management Services shall maintain and offer the same PPO and
 2472  HMO health plan alternatives to the participants of the state
 2473  group health insurance program during the 2020-2021 fiscal year
 2474  which were in effect for the 2019-2020 fiscal year. This section
 2475  expires July 1, 2021.
 2476         Section 76. In order to implement the appropriation of
 2477  funds in the special categories, contracted services, and
 2478  expenses categories of the 2020-2021 General Appropriations Act,
 2479  a state agency may not initiate a competitive solicitation for a
 2480  product or service if the completion of such competitive
 2481  solicitation would:
 2482         (1)Require a change in law; or
 2483         (2)Require a change to the agency’s budget other than a
 2484  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2485  unless the initiation of such competitive solicitation is
 2486  specifically authorized in law, in the General Appropriations
 2487  Act, or by the Legislative Budget Commission.
 2488  
 2489  This section does not apply to a competitive solicitation for
 2490  which the agency head certifies that a valid emergency exists.
 2491  This section expires July 1, 2021.
 2492         Section 77. In order to implement appropriations for
 2493  salaries and benefits in the 2020-2021 General Appropriations
 2494  Act, subsection (6) of section 112.24, Florida Statutes, is
 2495  amended to read:
 2496         112.24 Intergovernmental interchange of public employees.
 2497  To encourage economical and effective utilization of public
 2498  employees in this state, the temporary assignment of employees
 2499  among agencies of government, both state and local, and
 2500  including school districts and public institutions of higher
 2501  education is authorized under terms and conditions set forth in
 2502  this section. State agencies, municipalities, and political
 2503  subdivisions are authorized to enter into employee interchange
 2504  agreements with other state agencies, the Federal Government,
 2505  another state, a municipality, or a political subdivision
 2506  including a school district, or with a public institution of
 2507  higher education. State agencies are also authorized to enter
 2508  into employee interchange agreements with private institutions
 2509  of higher education and other nonprofit organizations under the
 2510  terms and conditions provided in this section. In addition, the
 2511  Governor or the Governor and Cabinet may enter into employee
 2512  interchange agreements with a state agency, the Federal
 2513  Government, another state, a municipality, or a political
 2514  subdivision including a school district, or with a public
 2515  institution of higher learning to fill, subject to the
 2516  requirements of chapter 20, appointive offices which are within
 2517  the executive branch of government and which are filled by
 2518  appointment by the Governor or the Governor and Cabinet. Under
 2519  no circumstances shall employee interchange agreements be
 2520  utilized for the purpose of assigning individuals to participate
 2521  in political campaigns. Duties and responsibilities of
 2522  interchange employees shall be limited to the mission and goals
 2523  of the agencies of government.
 2524         (6) For the 2020-2021 2019-2020 fiscal year only, the
 2525  assignment of an employee of a state agency as provided in this
 2526  section may be made if recommended by the Governor or Chief
 2527  Justice, as appropriate, and approved by the chairs of the
 2528  legislative appropriations committees. Such actions shall be
 2529  deemed approved if neither chair provides written notice of
 2530  objection within 14 days after receiving notice of the action
 2531  pursuant to s. 216.177. This subsection expires July 1, 2021
 2532  2020.
 2533         Section 78. In order to implement Specific Appropriations
 2534  2727 and 2728 of the 2020-2021 General Appropriations Act, and
 2535  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2536  salaries for members of the Legislature for the 2020-2021 fiscal
 2537  year shall be set at the same level in effect on July 1, 2010.
 2538  This section expires July 1, 2021.
 2539         Section 79. In order to implement the transfer of funds
 2540  from the General Revenue Fund from trust funds for the 2020-2021
 2541  General Appropriations Act, and notwithstanding the expiration
 2542  date in section 110 of chapter 2019-116, Laws of Florida,
 2543  paragraph (b) of subsection (2) of section 215.32, Florida
 2544  Statutes, is reenacted to read:
 2545         215.32 State funds; segregation.—
 2546         (2) The source and use of each of these funds shall be as
 2547  follows:
 2548         (b)1. The trust funds shall consist of moneys received by
 2549  the state which under law or under trust agreement are
 2550  segregated for a purpose authorized by law. The state agency or
 2551  branch of state government receiving or collecting such moneys
 2552  is responsible for their proper expenditure as provided by law.
 2553  Upon the request of the state agency or branch of state
 2554  government responsible for the administration of the trust fund,
 2555  the Chief Financial Officer may establish accounts within the
 2556  trust fund at a level considered necessary for proper
 2557  accountability. Once an account is established, the Chief
 2558  Financial Officer may authorize payment from that account only
 2559  upon determining that there is sufficient cash and releases at
 2560  the level of the account.
 2561         2. In addition to other trust funds created by law, to the
 2562  extent possible, each agency shall use the following trust funds
 2563  as described in this subparagraph for day-to-day operations:
 2564         a. Operations or operating trust fund, for use as a
 2565  depository for funds to be used for program operations funded by
 2566  program revenues, with the exception of administrative
 2567  activities when the operations or operating trust fund is a
 2568  proprietary fund.
 2569         b. Operations and maintenance trust fund, for use as a
 2570  depository for client services funded by third-party payors.
 2571         c. Administrative trust fund, for use as a depository for
 2572  funds to be used for management activities that are departmental
 2573  in nature and funded by indirect cost earnings and assessments
 2574  against trust funds. Proprietary funds are excluded from the
 2575  requirement of using an administrative trust fund.
 2576         d. Grants and donations trust fund, for use as a depository
 2577  for funds to be used for allowable grant or donor agreement
 2578  activities funded by restricted contractual revenue from private
 2579  and public nonfederal sources.
 2580         e. Agency working capital trust fund, for use as a
 2581  depository for funds to be used pursuant to s. 216.272.
 2582         f. Clearing funds trust fund, for use as a depository for
 2583  funds to account for collections pending distribution to lawful
 2584  recipients.
 2585         g. Federal grant trust fund, for use as a depository for
 2586  funds to be used for allowable grant activities funded by
 2587  restricted program revenues from federal sources.
 2588  
 2589  To the extent possible, each agency must adjust its internal
 2590  accounting to use existing trust funds consistent with the
 2591  requirements of this subparagraph. If an agency does not have
 2592  trust funds listed in this subparagraph and cannot make such
 2593  adjustment, the agency must recommend the creation of the
 2594  necessary trust funds to the Legislature no later than the next
 2595  scheduled review of the agency’s trust funds pursuant to s.
 2596  215.3206.
 2597         3. All such moneys are hereby appropriated to be expended
 2598  in accordance with the law or trust agreement under which they
 2599  were received, subject always to the provisions of chapter 216
 2600  relating to the appropriation of funds and to the applicable
 2601  laws relating to the deposit or expenditure of moneys in the
 2602  State Treasury.
 2603         4.a. Notwithstanding any provision of law restricting the
 2604  use of trust funds to specific purposes, unappropriated cash
 2605  balances from selected trust funds may be authorized by the
 2606  Legislature for transfer to the Budget Stabilization Fund and
 2607  General Revenue Fund in the General Appropriations Act.
 2608         b. This subparagraph does not apply to trust funds required
 2609  by federal programs or mandates; trust funds established for
 2610  bond covenants, indentures, or resolutions whose revenues are
 2611  legally pledged by the state or public body to meet debt service
 2612  or other financial requirements of any debt obligations of the
 2613  state or any public body; the Division of Licensing Trust Fund
 2614  in the Department of Agriculture and Consumer Services; the
 2615  State Transportation Trust Fund; the trust fund containing the
 2616  net annual proceeds from the Florida Education Lotteries; the
 2617  Florida Retirement System Trust Fund; trust funds under the
 2618  management of the State Board of Education or the Board of
 2619  Governors of the State University System, where such trust funds
 2620  are for auxiliary enterprises, self-insurance, and contracts,
 2621  grants, and donations, as those terms are defined by general
 2622  law; trust funds that serve as clearing funds or accounts for
 2623  the Chief Financial Officer or state agencies; trust funds that
 2624  account for assets held by the state in a trustee capacity as an
 2625  agent or fiduciary for individuals, private organizations, or
 2626  other governmental units; and other trust funds authorized by
 2627  the State Constitution.
 2628         Section 80. The text of s. 215.32(2)(b), Florida Statutes,
 2629  as carried forward from chapter 2011-47, Laws of Florida, by
 2630  this act, expires July 1, 2021, and the text of that paragraph
 2631  shall revert to that in existence on June 30, 2011, except that
 2632  any amendments to such text enacted other than by this act shall
 2633  be preserved and continue to operate to the extent that such
 2634  amendments are not dependent upon the portions of text which
 2635  expire pursuant to this section.
 2636         Section 81. In order to implement appropriations in the
 2637  2020-2021 General Appropriations Act for state employee travel,
 2638  the funds appropriated to each state agency which may be used
 2639  for travel by state employees are limited during the 2020-2021
 2640  fiscal year to travel for activities that are critical to each
 2641  state agency’s mission. Funds may not be used for travel by
 2642  state employees to foreign countries, other states, conferences,
 2643  staff training activities, or other administrative functions
 2644  unless the agency head has approved, in writing, that such
 2645  activities are critical to the agency’s mission. The agency head
 2646  shall consider using teleconferencing and other forms of
 2647  electronic communication to meet the needs of the proposed
 2648  activity before approving mission-critical travel. This section
 2649  does not apply to travel for law enforcement purposes, military
 2650  purposes, emergency management activities, or public health
 2651  activities. This section expires July 1, 2021.
 2652         Section 82. In order to implement appropriations in the
 2653  2020-2021 General Appropriations Act for state employee travel
 2654  and notwithstanding s. 112.061, Florida Statutes, costs for
 2655  lodging associated with a meeting, conference, or convention
 2656  organized or sponsored in whole or in part by a state agency or
 2657  the judicial branch may not exceed $225 per day. An employee may
 2658  expend his or her own funds for any lodging expenses in excess
 2659  of $225 per day. For purposes of this section, a meeting does
 2660  not include travel activities for conducting an audit,
 2661  examination, inspection, or investigation or travel activities
 2662  related to a litigation or emergency response. This section
 2663  expires July 1, 2021.
 2664         Section 83. In order to implement the appropriation of
 2665  funds in the special categories, contracted services, and
 2666  expenses categories of the 2020-2021 General Appropriations Act,
 2667  a state agency may not enter into a contract containing a
 2668  nondisclosure clause that prohibits the contractor from
 2669  disclosing information relevant to the performance of the
 2670  contract to members or staff of the Senate or the House of
 2671  Representatives. This section expires July 1, 2021.
 2672         Section 84. Any section of this act which implements a
 2673  specific appropriation or specifically identified proviso
 2674  language in the 2020-2021 General Appropriations Act is void if
 2675  the specific appropriation or specifically identified proviso
 2676  language is vetoed. Any section of this act which implements
 2677  more than one specific appropriation or more than one portion of
 2678  specifically identified proviso language in the 2020-2021
 2679  General Appropriations Act is void if all the specific
 2680  appropriations or portions of specifically identified proviso
 2681  language are vetoed.
 2682         Section 85. If any other act passed during the 2020 Regular
 2683  Session of the Legislature contains a provision that is
 2684  substantively the same as a provision in this act, but that
 2685  removes or is otherwise not subject to the future repeal applied
 2686  to such provision by this act, the Legislature intends that the
 2687  provision in the other act takes precedence and continues to
 2688  operate, notwithstanding the future repeal provided by this act.
 2689         Section 86. If any provision of this act or its application
 2690  to any person or circumstance is held invalid, the invalidity
 2691  does not affect other provisions or applications of the act
 2692  which can be given effect without the invalid provision or
 2693  application, and to this end the provisions of this act are
 2694  severable.
 2695         Section 87. Except as otherwise expressly provided in this
 2696  act and except for this section, which shall take effect upon
 2697  this act becoming a law, this act shall take effect July 1,
 2698  2020; or, if this act fails to become a law until after that
 2699  date, it shall take effect upon becoming a law and shall operate
 2700  retroactively to July 1, 2020.