Florida Senate - 2022 SB 2502
By the Committee on Appropriations
576-02872A-22 20222502__
1 A bill to be entitled
2 An act implementing the 2022-2023 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 the General Appropriations
8 Act; reenacting and amending s. 1013.62(1), F.S.;
9 specifying the source of capital outlay funding for
10 charter schools; providing for the future expiration
11 and reversion of specified statutory text; amending s.
12 1011.62, F.S.; extending for 1 fiscal year
13 authorization for the Legislature to provide a funding
14 compression and hold harmless allocation; amending s.
15 1011.62, F.S.; revising caps relating to the
16 determination of sparsity supplements; revising
17 requirements relating to computing district sparsity
18 indexes; providing for the future expiration and
19 reversion of specified statutory text; reenacting s.
20 1001.26(1), F.S., relating to the public broadcasting
21 program system; extending for 1 fiscal year
22 authorization for the Department of Education to
23 provide certain appropriated funds to certain
24 education television stations and public colleges and
25 universities for public broadcasting; providing for
26 the future expiration and reversion of specified
27 statutory text; amending ss. 1011.80 and 1011.81,
28 F.S.; extending for 1 fiscal year the requirement that
29 the Credentials Review Committee of the state
30 workforce development board develop a specified
31 funding formula to allocate specified school district
32 performance funds and institution performance funds,
33 respectively; creating s. 1004.6496, F.S.; authorizing
34 the Board of Trustees of the University of Florida to
35 use funds to establish the Hamilton Center for
36 Classical and Civic Education; providing purposes and
37 goals of the center; authorizing the Agency for Health
38 Care Administration, in consultation with the
39 Department of Health, to submit a budget amendment to
40 realign funding for a component of the Children’s
41 Medical Services program to reflect actual enrollment
42 changes; specifying requirements for such realignment;
43 authorizing the agency to request nonoperating budget
44 authority for transferring certain federal funds to
45 the Department of Health; authorizing the Agency for
46 Health Care Administration to submit a budget
47 amendment to realign Medicaid funding for specified
48 purposes, subject to certain limitations; authorizing
49 the Agency for Health Care Administration and the
50 Department of Health to each submit a budget amendment
51 to realign funding within the Florida Kidcare program
52 appropriation categories or increase budget authority
53 for certain purposes; specifying the time period
54 during which each such budget amendment must be
55 submitted; amending ss. 381.986 and 381.988, F.S.;
56 extending for 1 year the exemption of certain rules
57 pertaining to the medical use of marijuana from
58 certain rulemaking requirements; amending s. 14(1) of
59 chapter 2017-232, Laws of Florida; exempting certain
60 rules pertaining to medical marijuana adopted to
61 replace emergency rules from specified rulemaking
62 requirements; providing for the future expiration and
63 reversion of specified law; authorizing the Department
64 of Children and Families to submit a budget amendment
65 to realign funding for implementation of the
66 Guardianship Assistance Program; authorizing the
67 Department of Children and Families to submit a budget
68 amendment to realign funding within the Family Safety
69 Program for specified purposes; authorizing the
70 Department of Children and Families to submit a budget
71 amendment to realign funding between appropriations
72 categories for specified purposes; authorizing the
73 Department of Health to submit a budget amendment to
74 increase budget authority for the HIV/AIDS Prevention
75 and Treatment Program if a certain condition is met;
76 authorizing the Department of Health to submit a
77 budget amendment to increase budget authority for the
78 department if additional federal revenues specific to
79 COVID-19 relief funds become available; reenacting and
80 amending s. 42(1)-(5) of chapter 2020-114, Laws of
81 Florida, as amended; prohibiting the Agency for Health
82 Care Administration from including certain contracts
83 in a specified project for the Florida Medicaid
84 program; extending for 1 fiscal year provisions
85 governing the Agency for Health Care Administration’s
86 replacement of the Florida Medicaid Management
87 Information System (FMMIS) and fiscal agent
88 operations; requiring the Agency for Health Care
89 Administration, in consultation with the Department of
90 Health, the Agency for Persons with Disabilities, the
91 Department of Children and Families, and the
92 Department of Corrections, to competitively procure a
93 contract with a vendor to negotiate prices for
94 prescription drugs; providing requirements for such
95 contract; amending s. 216.262, F.S.; extending for 1
96 fiscal year the authority of the Department of
97 Corrections to submit a budget amendment for
98 additional positions and appropriations under certain
99 circumstances; requiring review and approval by the
100 Legislative Budget Commission; amending s. 1011.80,
101 F.S.; specifying the manner by which state funds for
102 postsecondary workforce programs may be used for
103 inmate education; providing for the future expiration
104 and reversion of specified statutory text; amending s.
105 215.18, F.S.; extending for 1 fiscal year the
106 authority and related repayment requirements for
107 temporary trust fund loans to the state court system
108 which are sufficient to meet the system’s
109 appropriation; requiring the Department of Juvenile
110 Justice to review county juvenile detention payments
111 to determine whether a county has met specified
112 financial responsibilities; requiring amounts owed by
113 the county for such financial responsibilities to be
114 deducted from certain county funds; requiring the
115 Department of Revenue to transfer withheld funds to a
116 specified trust fund; requiring the Department of
117 Revenue to ensure that such reductions in amounts
118 distributed do not reduce distributions below amounts
119 necessary for certain payments due on bonds and comply
120 with bond covenants; requiring the Department of
121 Revenue to notify the Department of Juvenile Justice
122 if bond payment requirements mandate a reduction in
123 deductions for amounts owed by a county; reenacting s.
124 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S.,
125 relating to court-appointed counsel; extending for 1
126 fiscal year provisions governing the appointment of
127 court-appointed counsel; providing for the future
128 expiration and reversion of specified statutory text;
129 amending s. 27.5304, F.S., and reenacting subsections
130 (1), (3), (7), and (11) and paragraphs (12)(a)-(e),
131 relating to private court-appointed counsel; extending
132 for 1 fiscal year limitations on compensation for
133 representation in criminal proceedings; providing for
134 the future expiration and reversion of specified
135 statutory text; authorizing the Department of
136 Financial Services to submit a budget amendment to
137 increase the category to pay for the information data
138 warehouse; authorizing the Department of Lottery to
139 submit a budget amendment to increase the
140 appropriation for the implementation of a new prize
141 payment system; requiring the Department of Management
142 Services to use tenant broker services to renegotiate
143 or reprocure certain private lease agreements for
144 office or storage space; requiring the Department of
145 Management Services to provide a report to the
146 Governor and the Legislature by a specified date;
147 prohibiting an agency from transferring funds from a
148 data processing category to another category that is
149 not a data processing category; authorizing the
150 Executive Office of the Governor to transfer funds
151 appropriated for a specified data center category
152 between departments for a specified purpose;
153 authorizing the Executive Office of the Governor to
154 transfer funds between departments for purposes of
155 aligning amounts paid for risk management insurance
156 and for human resource management services purchased
157 per statewide contract; reenacting and amending s.
158 72(1)-(5) of chapter 2020-114, Laws of Florida, as
159 amended; extending for 1 fiscal year provisions
160 requiring the Department of Financial Services to
161 replace specified components of the Florida Accounting
162 Information Resource Subsystem (FLAIR) and the Cash
163 Management Subsystem (CMS); amending s. 215.18, F.S.;
164 extending for 1 fiscal year the authority of the
165 Governor, if there is a specified temporary deficiency
166 in a land acquisition trust fund in the Department of
167 Agriculture and Consumer Services, the Department of
168 Environmental Protection, the Department of State, or
169 the Fish and Wildlife Conservation Commission, to
170 transfer funds from other trust funds in the State
171 Treasury as a temporary loan to such trust fund;
172 providing a deadline for the repayment of a temporary
173 loan; requiring the Department of Environmental
174 Protection to transfer designated proportions of the
175 revenues deposited in the Land Acquisition Trust Fund
176 within the department to land acquisition trust funds
177 in the Department of Agriculture and Consumer
178 Services, the Department of State, and the Fish and
179 Wildlife Conservation Commission according to
180 specified parameters and calculations; defining the
181 term “department”; requiring the Department of
182 Environmental Protection to make monthly transfers to
183 specified land acquisition trust funds; specifying the
184 method of determining transfer amounts; authorizing
185 the Department of Environmental Protection to advance
186 funds from its land acquisition trust fund to the Fish
187 and Wildlife Conservation Commission’s land
188 acquisition trust fund for specified purposes;
189 amending s. 576.045, F.S.; extending for 1 year the
190 expiration date of provisions relating to
191 fertilization-management practices and nitrogen and
192 phosphorus residues; amending s. 375.041, F.S.;
193 specifying that certain funds for projects dedicated
194 to restoring Lake Apopka shall be appropriated as
195 provided in the General Appropriations Act; reenacting
196 s. 376.3071(15)(g), F.S., relating to the Inland
197 Protection Trust Fund; exempting specified costs
198 incurred by certain petroleum storage system owners or
199 operators during a specified period from the
200 prohibition against making payments in excess of
201 amounts approved by the Department of Environmental
202 Protection; providing for the future expiration and
203 reversion of specified statutory text; reenacting s.
204 282.709, F.S., relating to the state agency law
205 enforcement radio system and interoperability network;
206 authorizing state agencies and other eligible users of
207 the Statewide Law Enforcement Radio System (SLERS) to
208 use a specified Department of Management Services
209 contract for purchases of equipment and services;
210 providing for the future expiration and reversion of
211 specified statutory text; exempting specified
212 competitive procurement requirements for the
213 Department of Environmental Protection for the
214 procurement of commodities and contractual services in
215 response to the Piney Point facility closure; amending
216 s. 321.04, F.S.; extending for 1 fiscal year the
217 requirement that the Department of Highway Safety and
218 Motor Vehicles assign one or more patrol officers to
219 the office of Lieutenant Governor for security
220 purposes, upon request of the Governor; extending for
221 1 fiscal year the requirement that the Department of
222 Highway Safety and Motor Vehicles assign a patrol
223 officer to a Cabinet member under certain
224 circumstances; amending s. 215.559, F.S.; delaying the
225 repeal of provisions governing the Division of
226 Emergency Management’s Hurricane Loss Mitigation
227 Program; amending s. 288.80125, F.S.; extending for 1
228 fiscal year a requirement that funds in the Triumph
229 Gulf Coast Trust Fund be used for the Rebuild Florida
230 Revolving Loan Fund program for purposes related to
231 Hurricane Michael recovery; amending s. 339.08, F.S.;
232 deleting obsolete language; appropriating funds to the
233 State Transportation Trust Fund from the General
234 Revenue Fund; reenacting and amending s. 339.135,
235 F.S.; extending for 1 year authorization for the chair
236 and vice chair of the Legislative Budget Commission to
237 approve certain work program amendments under
238 specified circumstances; amending s. 331.3101, F.S.;
239 revising requirements for Space Florida’s annual
240 report to the Legislature relating to expenses;
241 revising requirements relating to travel and
242 entertainment expenses of Space Florida; prohibiting
243 Space Florida from expending certain funds for
244 specified purposes; providing a cap on lodging
245 expenses for board members, staff, and employees of
246 Space Florida under certain circumstances; authorizing
247 board members, staff, and employees of Space Florida
248 to expend their own funds for lodging expenses in
249 excess of the cap; amending s. 337.11, F.S.; requiring
250 the Department of Transportation to implement certain
251 strategies relating to the design, inspection, and
252 construction of projects; requiring the department to
253 submit a report to the Governor and the Legislature by
254 a specified date detailing such strategies and
255 projected savings; authorizing the department to share
256 certain realized construction cost savings with design
257 services consultants under certain circumstances;
258 providing a cap for the amount paid to such
259 consultants; requiring the Department of Economic
260 Opportunity, in the administration of economic
261 development programs, to give priority to applications
262 for projects that benefit the on-shoring of
263 manufacturing to the state; amending s. 112.061, F.S.;
264 extending for 1 fiscal year the authorization for the
265 Lieutenant Governor to designate an alternative
266 official headquarters under certain conditions;
267 specifying restrictions, limitations, eligibility for
268 the subsistence allowance, reimbursement of
269 transportation expenses, and payment thereof;
270 requiring the Department of Management Services to
271 release certain competitive procurements by a
272 specified date; providing requirements for such
273 procurements; providing legislative intent;
274 authorizing the department to enter into contracts
275 that may require the payment of administrative fees
276 under a specified amount; requiring the department to
277 maintain and offer the same health insurance options
278 for participants of the State Group Health Insurance
279 Program for the 2022-2023 fiscal year as applied in
280 the preceding fiscal year; prohibiting a state agency
281 from initiating a competitive solicitation for a
282 product or service under certain circumstances;
283 providing an exception; providing that the annual
284 salaries of the members of the Legislature be
285 maintained at a specified level; reenacting s.
286 215.32(2)(b), F.S., relating to the source and use of
287 certain trust funds; providing for the future
288 expiration and reversion of statutory text; specifying
289 the types of travel which may be used with state
290 employee travel funds; providing exceptions; providing
291 a monetary cap on lodging costs for state employee
292 travel to certain meetings organized or sponsored by a
293 state agency or the judicial branch; authorizing
294 employees to expend their own funds for lodging
295 expenses that exceed the monetary cap; prohibiting a
296 state agency from entering into a contract containing
297 certain nondisclosure agreements; reenacting and
298 amending s. 14.35, F.S.; extending for 1 fiscal year
299 provisions authorizing the Governor’s Medal of
300 Freedom; providing conditions under which the veto of
301 certain appropriations or proviso language in the
302 General Appropriations Act voids language that
303 implements such appropriation; providing for the
304 continued operation of certain provisions
305 notwithstanding a future repeal or expiration provided
306 by the act; providing severability; providing
307 effective dates.
308
309 Be It Enacted by the Legislature of the State of Florida:
310
311 Section 1. It is the intent of the Legislature that the
312 implementing and administering provisions of this act apply to
313 the General Appropriations Act for the 2022-2023 fiscal year.
314 Section 2. In order to implement Specific Appropriations 5,
315 6, 86, and 87 of the 2022-2023 General Appropriations Act, the
316 calculations of the Florida Education Finance Program for the
317 2022-2023 fiscal year included in the document titled “Public
318 School Funding: The Florida Education Finance Program (FEFP)
319 Fiscal Year 2022-2023,” dated February 4, 2022, and filed with
320 the Secretary of the Senate, are incorporated by reference for
321 the purpose of displaying the calculations used by the
322 Legislature, consistent with the requirements of state law, in
323 making appropriations for the Florida Education Finance Program.
324 This section expires July 1, 2023.
325 Section 3. In order to implement Specific Appropriations 5
326 and 86 of the 2022-2023 General Appropriations Act, and
327 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
328 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
329 expenditure of funds provided for instructional materials, for
330 the 2022-2023 fiscal year, funds provided for instructional
331 materials shall be released and expended as required in the
332 proviso language for Specific Appropriation 86 of the 2022-2023
333 General Appropriations Act. This section expires July 1, 2023.
334 Section 4. In order to implement Specific Appropriation 15
335 of the 2022-2023 General Appropriations Act, and notwithstanding
336 the expiration date in section 5 of chapter 2021-37, Laws of
337 Florida, subsection (1) of section 1013.62, Florida Statutes, is
338 reenacted and amended to read:
339 1013.62 Charter schools capital outlay funding.—
340 (1) For the 2022-2023 2021-2022 fiscal year, charter school
341 capital outlay funding shall consist of state funds appropriated
342 in the 2022-2023 2021-2022 General Appropriations Act. Beginning
343 in fiscal year 2023-2024 2022-2023, charter school capital
344 outlay funding shall consist of state funds when such funds are
345 appropriated in the General Appropriations Act and revenue
346 resulting from the discretionary millage authorized in s.
347 1011.71(2) if the amount of state funds appropriated for charter
348 school capital outlay in any fiscal year is less than the
349 average charter school capital outlay funds per unweighted full
350 time equivalent student for the 2018-2019 fiscal year,
351 multiplied by the estimated number of charter school students
352 for the applicable fiscal year, and adjusted by changes in the
353 Consumer Price Index issued by the United States Department of
354 Labor from the previous fiscal year. Nothing in this subsection
355 prohibits a school district from distributing to charter schools
356 funds resulting from the discretionary millage authorized in s.
357 1011.71(2).
358 (a) To be eligible to receive capital outlay funds, a
359 charter school must:
360 1.a. Have been in operation for 2 or more years;
361 b. Be governed by a governing board established in the
362 state for 2 or more years which operates both charter schools
363 and conversion charter schools within the state;
364 c. Be an expanded feeder chain of a charter school within
365 the same school district that is currently receiving charter
366 school capital outlay funds;
367 d. Have been accredited by a regional accrediting
368 association as defined by State Board of Education rule;
369 e. Serve students in facilities that are provided by a
370 business partner for a charter school-in-the-workplace pursuant
371 to s. 1002.33(15)(b); or
372 f. Be operated by a hope operator pursuant to s. 1002.333.
373 2. Have an annual audit that does not reveal any of the
374 financial emergency conditions provided in s. 218.503(1) for the
375 most recent fiscal year for which such audit results are
376 available.
377 3. Have satisfactory student achievement based on state
378 accountability standards applicable to the charter school.
379 4. Have received final approval from its sponsor pursuant
380 to s. 1002.33 for operation during that fiscal year.
381 5. Serve students in facilities that are not provided by
382 the charter school’s sponsor.
383 (b) A charter school is not eligible to receive capital
384 outlay funds if it was created by the conversion of a public
385 school and operates in facilities provided by the charter
386 school’s sponsor for a nominal fee, or at no charge, or if it is
387 directly or indirectly operated by the school district.
388 Section 5. The amendments to s. 1013.62(1), Florida
389 Statutes, by this act expire July 1, 2023, and the text of that
390 subsection shall revert to that in existence on June 30, 2020,
391 except that any amendments to such text enacted other than by
392 this act shall be preserved and continue to operate to the
393 extent that such amendments are not dependent upon the portions
394 of text which expire pursuant to this section.
395 Section 6. In order to implement Specific Appropriations 5
396 and 86 of the 2022-2023 General Appropriations Act, subsection
397 (15) of section 1011.62, Florida Statutes, is amended to read:
398 1011.62 Funds for operation of schools.—If the annual
399 allocation from the Florida Education Finance Program to each
400 district for operation of schools is not determined in the
401 annual appropriations act or the substantive bill implementing
402 the annual appropriations act, it shall be determined as
403 follows:
404 (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
405 Legislature may provide an annual funding compression and hold
406 harmless allocation in the General Appropriations Act. The
407 allocation is created to provide additional funding to school
408 districts if the school district’s total funds per FTE in the
409 prior year were less than the statewide average or if the school
410 district’s district cost differential in the current year is
411 less than the prior year. The total allocation shall be
412 distributed to eligible school districts as follows:
413 (a) Using the most recent prior year FEFP calculation for
414 each eligible school district, subtract the total school
415 district funds per FTE from the state average funds per FTE, not
416 including any adjustments made pursuant to paragraph (17)(b).
417 The resulting funds per FTE difference, or a portion thereof, as
418 designated in the General Appropriations Act, shall then be
419 multiplied by the school district’s total unweighted FTE.
420 (b) Multiply the absolute value of the difference between
421 the eligible school district’s current year district cost
422 differential and the prior year district cost differential by a
423 hold harmless factor as designated in the General Appropriations
424 Act. The result is the district cost differential hold harmless
425 index. Multiply the index by the eligible school district’s
426 weighted FTE and by the base student allocation as designated in
427 the General Appropriations Act.
428 (c) For each district, select the greater of the amounts
429 calculated in paragraphs (a) and (b) and upon summation, if the
430 total amount is greater than the amount included in the General
431 Appropriations Act, the allocation shall be prorated to the
432 appropriation amount based on each participating school
433 district’s share.
434
435 This subsection expires July 1, 2023 2022.
436 Section 7. In order to implement Specific Appropriations 5
437 and 86 of the 2022-2023 General Appropriations Act, paragraphs
438 (a) and (b) of subsection (7) of section 1011.62, Florida
439 Statutes, are amended to read:
440 1011.62 Funds for operation of schools.—If the annual
441 allocation from the Florida Education Finance Program to each
442 district for operation of schools is not determined in the
443 annual appropriations act or the substantive bill implementing
444 the annual appropriations act, it shall be determined as
445 follows:
446 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
447 (a) Annually, in an amount to be determined by the
448 Legislature through the General Appropriations Act, there shall
449 be added to the basic amount for current operation of the FEFP
450 qualified districts a sparsity supplement which shall be
451 computed as follows:
452
453 Sparsity Factor = 1101.8918 – 0.1101
454 2700 + districtsparsityindex
455 except that districts with a sparsity index of 1,000 or less
456 shall be computed as having a sparsity index of 1,000, and
457 districts having a sparsity index of 7,308 and above shall be
458 computed as having a sparsity factor of zero. A qualified
459 district’s full-time equivalent student membership shall equal
460 or be less than that prescribed annually by the Legislature in
461 the appropriations act. The amount prescribed annually by the
462 Legislature shall be no less than 17,000, but no more than
463 30,000 24,000.
464 (b) The district sparsity index shall be computed by
465 dividing the total number of full-time equivalent students in
466 all programs in the district by the number of senior high school
467 centers in the district, not in excess of three, which centers
468 are approved as permanent centers by a survey made by the
469 Department of Education. For districts with a full-time
470 equivalent student membership of at least 20,000, but no more
471 than 30,000 24,000, the index shall be computed by dividing the
472 total number of full-time equivalent students in all programs by
473 the number of permanent senior high school centers in the
474 district, not in excess of four.
475 Section 8. The amendments to s. 1011.62(7)(a) and (b),
476 Florida Statutes, made by this act expire July 1, 2023, and the
477 text of that subsection shall revert to that in existence on
478 June 30, 2022, except that any amendments to such text enacted
479 other than by this act shall be preserved and continue to
480 operate to the extent that such amendments are not dependent
481 upon the portions of text which expire pursuant to this section.
482 Section 9. In order to implement Specific Appropriation 114
483 of the 2022-2023 General Appropriations Act, and notwithstanding
484 the expiration date in section 8 of chapter 2021-37, Laws of
485 Florida, subsection (1) of section 1001.26, Florida Statutes, is
486 reenacted to read:
487 1001.26 Public broadcasting program system.—
488 (1) There is created a public broadcasting program system
489 for the state. The department shall provide funds, as
490 specifically appropriated in the General Appropriations Act, to
491 educational television stations qualified by the Corporation for
492 Public Broadcasting or public colleges and universities that are
493 part of the public broadcasting program system. The program
494 system must include:
495 (a) Support for existing Corporation for Public
496 Broadcasting qualified program system educational television
497 stations.
498 (b) Maintenance of quality broadcast capability for
499 educational stations that are part of the program system.
500 (c) Interconnection of all educational stations that are
501 part of the program system for simultaneous broadcast and of
502 such stations with all universities and other institutions as
503 necessary for sharing of resources and delivery of programming.
504 (d) Establishment and maintenance of a capability for
505 statewide program distribution with facilities and staff,
506 provided such facilities and staff complement and strengthen
507 existing educational television stations.
508 (e) Provision of both statewide programming funds and
509 station programming support for educational television to meet
510 statewide priorities. Priorities for station programming need
511 not be the same as priorities for programming to be used
512 statewide. Station programming may include, but shall not be
513 limited to, citizens’ participation programs, music and fine
514 arts programs, coverage of public hearings and governmental
515 meetings, equal air time for political candidates, and other
516 public interest programming.
517 Section 10. The text of s. 1001.26(1), Florida Statutes, as
518 carried forward from chapter 2018-10, Laws of Florida, by this
519 act, expires July 1, 2023, and the text of that subsection shall
520 revert to that in existence on June 30, 2018, except that any
521 amendment to such text enacted other than by this act shall be
522 preserved and continue to operate to the extent that such
523 amendments are not dependent upon the portions of text which
524 expire pursuant to this section.
525 Section 11. In order to implement Specific Appropriation
526 115 of the 2022-2023 General Appropriations Act, paragraph (b)
527 of subsection (7) of section 1011.80, Florida Statutes, is
528 amended to read:
529 1011.80 Funds for operation of workforce education
530 programs.—
531 (7)
532 (b) Performance funding for industry certifications for
533 school district workforce education programs is contingent upon
534 specific appropriation in the General Appropriations Act and
535 shall be determined as follows:
536 1. Industry certifications identified on the CAPE Industry
537 Certification Funding List approved by the State Board of
538 Education under s. 1008.44 are eligible for performance funding.
539 2. Each school district shall be provided $1,000 for each
540 industry certification earned by a workforce education student.
541 If funds are insufficient to fully fund the calculated total
542 award, such funds shall be prorated. Beginning with the 2023
543 2024 2022-2023 fiscal year, the Credentials Review Committee
544 established in s. 445.004 shall develop a returned-value funding
545 formula to allocate school district performance funds that
546 rewards student job placements and wages for students earning
547 industry certifications, with a focus on increasing the economic
548 mobility of underserved populations. One-third of the
549 performance funds shall be allocated based on student job
550 placements. The remaining two-thirds shall be allocated using a
551 tiered weighted system based on aggregate student wages that
552 exceed minimum wage, with the highest weight applied to the
553 highest wage tier, with additional weight for underserved
554 populations. Student wages above minimum wage are considered to
555 be the value added by the institution’s training. At a minimum,
556 the formula must take into account variables such as differences
557 in population and wages across school districts.
558 Section 12. In order to implement Specific Appropriation
559 123 of the 2022-2023 General Appropriations Act, paragraph (b)
560 of subsection (2) of section 1011.81, Florida Statutes, is
561 amended to read:
562 1011.81 Florida College System Program Fund.—
563 (2) Performance funding for industry certifications for
564 Florida College System institutions is contingent upon specific
565 appropriation in the General Appropriations Act and shall be
566 determined as follows:
567 (b) Each Florida College System institution shall be
568 provided $1,000 for each industry certification earned by a
569 student under paragraph (a). If funds are insufficient to fully
570 fund the calculated total award, such funds shall be prorated.
571 Beginning with the 2023-2024 2022-2023 fiscal year, the
572 Credentials Review Committee established in s. 445.004 shall
573 develop a returned-value funding formula to allocate institution
574 performance funds that rewards student job placements and wages
575 for students earning industry certifications, with a focus on
576 increasing the economic mobility of underserved populations.
577 One-third of the performance funds shall be allocated based on
578 student job placements. The remaining two-thirds shall be
579 allocated using a tiered, weighted system based on aggregate
580 student wages that exceed minimum wage, with the highest weight
581 applied to the highest wage tier, with additional weight for
582 underserved populations. Student wages above minimum wage are
583 considered to be the value added by the institution’s training.
584 At a minimum, the formula must take into account variables such
585 as differences in population and wages across the state.
586 Section 13. The amendments to ss. 1011.80(7)(b) and
587 1011.81(2)(b), Florida Statutes, by this act expire July 1,
588 2023, and the text of that subsection shall revert to that in
589 existence on June 30, 2022, except that any amendments to such
590 text enacted other than by this act shall be preserved and
591 continue to operate to the extent that such amendments are not
592 dependent upon the portions of text which expire pursuant to
593 this section.
594 Section 14. In order to implement Specific Appropriation
595 145 of the 2022-2023 General Appropriations Act, section
596 1004.6496, Florida Statutes, is created to read:
597 1004.6496 Hamilton Center for Classical and Civic
598 Education.—
599 (1) The Board of Trustees of the University of Florida may
600 use funds as provided in the General Appropriations Act to
601 establish the Hamilton Center for Classical and Civic Education
602 as an academic unit within the University of Florida. The
603 purpose of the center is to support teaching and research
604 concerning the ideas, traditions, and texts that form the
605 foundations of Western and American civilization. The Board of
606 Trustees of the university is authorized to rename the center
607 consistent with its philanthropic naming governance procedures.
608 (2) The goals of the center are to:
609 (a) Educate university students in the core texts and great
610 debates of Western civilization;
611 (b) Educate university students in the principles, ideals,
612 and institutions of the American political order;
613 (c) Educate university students in the foundations of
614 responsible leadership and informed citizenship; and
615 (d) Offer university-wide programming related to civic
616 education and the values of open inquiry and civil discourse.
617 (3) This section expires July 1, 2023.
618 Section 15. In order to implement Specific Appropriations
619 197 through 224 and 524 of the 2022-2023 General Appropriations
620 Act, and notwithstanding ss. 216.181 and 216.292, Florida
621 Statutes, the Agency for Health Care Administration, in
622 consultation with the Department of Health, may submit a budget
623 amendment, subject to the notice, review, and objection
624 procedures of s. 216.177, Florida Statutes, to realign funding
625 within and between agencies based on implementation of the
626 managed medical assistance component of the Statewide Medicaid
627 Managed Care program for the Children’s Medical Services program
628 of the Department of Health. The funding realignment shall
629 reflect the actual enrollment changes due to the transfer of
630 beneficiaries from fee-for-service to the capitated Children’s
631 Medical Services network. The Agency for Health Care
632 Administration may submit a request for nonoperating budget
633 authority to transfer the federal funds to the Department of
634 Health pursuant to s. 216.181(12), Florida Statutes. This
635 section expires July 1, 2023.
636 Section 16. In order to implement Specific Appropriations
637 197 through 224 of the 2022-2023 General Appropriations Act, and
638 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
639 Agency for Health Care Administration 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 the Medicaid program appropriation categories to address
643 projected surpluses and deficits within the program and to
644 maximize the use of state trust funds. A single budget amendment
645 shall be submitted in the last quarter of the 2022-2023 fiscal
646 year only. This section expires July 1, 2023.
647 Section 17. In order to implement Specific Appropriations
648 176 through 181 and 524 of the 2022-2023 General Appropriations
649 Act, and notwithstanding ss. 216.181 and 216.292, Florida
650 Statutes, the Agency for Health Care Administration and the
651 Department of Health may each submit a budget amendment, subject
652 to the notice, review, and objection procedures of s. 216.177,
653 Florida Statutes, to realign funding within the Florida Kidcare
654 program appropriation categories, or to increase budget
655 authority in the Children’s Medical Services network category,
656 to address projected surpluses and deficits within the program
657 or to maximize the use of state trust funds. A single budget
658 amendment must be submitted by each agency in the last quarter
659 of the 2022-2023 fiscal year only. This section expires July 1,
660 2023.
661 Section 18. In order to implement Specific Appropriations
662 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023
663 General Appropriations Act, subsection (17) of section 381.986,
664 Florida Statutes, is amended to read:
665 381.986 Medical use of marijuana.—
666 (17) Rules adopted pursuant to this section before July 1,
667 2023 2022, are not subject to ss. 120.54(3)(b) and 120.541. This
668 subsection expires July 1, 2023 2022.
669 Section 19. In order to implement Specific Appropriations
670 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023
671 General Appropriations Act, subsection (11) of section 381.988,
672 Florida Statutes, is amended to read:
673 381.988 Medical marijuana testing laboratories; marijuana
674 tests conducted by a certified laboratory.—
675 (11) Rules adopted under subsection (9) before July 1, 2023
676 2022, are not subject to ss. 120.54(3)(b) and 120.541. This
677 subsection expires July 1, 2023 2022.
678 Section 20. Effective July 1, 2022, upon the expiration and
679 reversion of the amendments made to subsection (1) of section 14
680 of chapter 2017-232, Laws of Florida, pursuant to section 16 of
681 chapter 2021-37, Laws of Florida, and in order to implement
682 Specific Appropriations 467 through 469, 474, 475, 478, 482, and
683 483 of the 2022-2023 General Appropriations Act, subsection (1)
684 of section 14 of chapter 2017-232, Laws of Florida, is amended
685 to read:
686 Section 14. Department of Health; authority to adopt rules;
687 cause of action.—
688 (1) EMERGENCY RULEMAKING.—
689 (a) The Department of Health and the applicable boards
690 shall adopt emergency rules pursuant to s. 120.54(4), Florida
691 Statutes, and this section necessary to implement ss. 381.986
692 and 381.988, Florida Statutes. If an emergency rule adopted
693 under this section is held to be unconstitutional or an invalid
694 exercise of delegated legislative authority, and becomes void,
695 the department or the applicable boards may adopt an emergency
696 rule pursuant to this section to replace the rule that has
697 become void. If the emergency rule adopted to replace the void
698 emergency rule is also held to be unconstitutional or an invalid
699 exercise of delegated legislative authority and becomes void,
700 the department and the applicable boards must follow the
701 nonemergency rulemaking procedures of the Administrative
702 Procedures Act to replace the rule that has become void.
703 (b) For emergency rules adopted under this section, the
704 department and the applicable boards need not make the findings
705 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
706 adopted under this section are exempt from ss. 120.54(3)(b) and
707 120.541, Florida Statutes. The department and the applicable
708 boards shall meet the procedural requirements in s. 120.54(4)(a)
709 s. 120.54(a), Florida Statutes, if the department or the
710 applicable boards have, before July 1, 2019 the effective date
711 of this act, held any public workshops or hearings on the
712 subject matter of the emergency rules adopted under this
713 subsection. Challenges to emergency rules adopted under this
714 subsection are subject to the time schedules provided in s.
715 120.56(5), Florida Statutes.
716 (c) Emergency rules adopted under this section are exempt
717 from s. 120.54(4)(c), Florida Statutes, and shall remain in
718 effect until replaced by rules adopted under the nonemergency
719 rulemaking procedures of the Administrative Procedures Act.
720 Rules adopted under the nonemergency rulemaking procedures of
721 the Administrative Procedures Act to replace emergency rules
722 adopted under this section are exempt from ss. 120.54(3)(b) and
723 120.541, Florida Statutes. By July 1, 2023 January 1, 2018, the
724 department and the applicable boards shall initiate nonemergency
725 rulemaking pursuant to the Administrative Procedures Act to
726 replace all emergency rules adopted under this section by
727 publishing a notice of rule development in the Florida
728 Administrative Register. Except as provided in paragraph (a),
729 after July 1, 2023 January 1, 2018, the department and
730 applicable boards may not adopt rules pursuant to the emergency
731 rulemaking procedures provided in this section.
732 Section 21. The amendments to s. 14(1) of chapter 2017-232,
733 Laws of Florida, made by this act expire July 1, 2023, and the
734 text of that subsection shall revert to that in existence on
735 June 30, 2019, except that any amendments to such text enacted
736 other than by this act shall be preserved and continue to
737 operate to the extent that such amendments are not dependent
738 upon the portions of text which expire pursuant to this section.
739 Section 22. In order to implement Specific Appropriations
740 326, 328, 357, and 358 of the 2022-2023 General Appropriations
741 Act, and notwithstanding ss. 216.181 and 216.292, Florida
742 Statutes, the Department of Children and Families may submit a
743 budget amendment, subject to the notice, review, and objection
744 procedures of s. 216.177, Florida Statutes, to realign funding
745 within the department based on the implementation of the
746 Guardianship Assistance Program, between and among the specific
747 appropriations for guardianship assistance payments, foster care
748 Level 1 room and board payments, relative caregiver payments,
749 and nonrelative caregiver payments. This section expires July 1,
750 2023.
751 Section 23. In order to implement Specific Appropriations
752 307 through 310, 315, 316, 319, 324 through 326, and 328 of the
753 2022-2023 General Appropriations Act, and notwithstanding ss.
754 216.181 and 216.292, Florida Statutes, the Department of
755 Children and Families may submit a budget amendment, subject to
756 the notice, review, and objection procedures of s. 216.177,
757 Florida Statutes, to realign funding within the Family Safety
758 Program to maximize the use of Title IV-E and other federal
759 funds. This section expires July 1, 2023.
760 Section 24. In order to implement Specific Appropriations
761 283, 297, 307, 329, 334 through 336, 342, and 362 of the 2022
762 2023 General Appropriations Act, and notwithstanding ss. 216.181
763 and 216.292, Florida Statutes, the Department of Children and
764 Families may submit a budget amendment, subject to the notice,
765 review, and objection procedures of s. 216.177, Florida
766 Statutes, to realign funding between appropriations categories
767 to support contracted staffing equivalents to sustain forensic
768 bed capacity and resident-to-workforce ratios at the state’s
769 mental health treatment facilities. This section expires July 1,
770 2023.
771 Section 25. In order to implement Specific Appropriations
772 470 and 509 of the 2022-2023 General Appropriations Act, and
773 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
774 Department of Health may submit a budget amendment, subject to
775 the notice, review, and objection procedures of s. 216.177,
776 Florida Statutes, to increase budget authority for the HIV/AIDS
777 Prevention and Treatment Program if additional federal revenues
778 specific to HIV/AIDS prevention and treatment become available
779 in the 2022-2023 fiscal year. This section expires July 1, 2023.
780 Section 26. In order to implement Specific Appropriations
781 423 through 552 of the 2022-2023 General Appropriations Act, and
782 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
783 Department of Health may submit a budget amendment, subject to
784 the notice, review, and objection procedures of s. 216.177,
785 Florida Statutes, to increase budget authority for the
786 department if additional federal revenues specific to COVID-19
787 relief funds become available in the 2022-2023 fiscal year. This
788 section expires July 1, 2023.
789 Section 27. In order to implement Specific Appropriation
790 191 of the 2022-2023 General Appropriations Act, subsections (1)
791 through (5) of section 42 of chapter 2020-114, Laws of Florida,
792 as amended by section 21 of chapter 2021-37, Laws of Florida,
793 are reenacted and amended to read:
794 Section 42. (1) The Agency for Health Care Administration
795 shall replace the current Florida Medicaid Management
796 Information System (FMMIS) and fiscal agent operations with a
797 system that is modular, interoperable, and scalable for the
798 Florida Medicaid program that complies with all applicable
799 federal and state laws and requirements. The agency may not
800 include in the project to replace the current FMMIS and fiscal
801 agent contract:
802 (a) Functionality that duplicates any of the information
803 systems of the other health and human services state agencies;
804 or
805 (b) Procurement for agency requirements external to
806 Medicaid programs with the intent to leverage the Medicaid
807 technology infrastructure for other purposes without legislative
808 appropriation or legislative authorization to procure these
809 requirements; or
810 (c) Any contract executed after the effective date of this
811 act, outside of staff augmentation services purchased off the
812 Department of Management Services Information Technology staff
813 augmentation state term contract, which are not deliverables
814 based fixed price contracts.
815
816 The new system, the Florida Health Care Connection (FX) system,
817 must provide better integration with subsystems supporting
818 Florida’s Medicaid program; uniformity, consistency, and
819 improved access to data; and compatibility with the Centers for
820 Medicare and Medicaid Services’ Medicaid Information Technology
821 Architecture (MITA) as the system matures and expands its
822 functionality.
823 (2) For purposes of replacing FMMIS and the current
824 Medicaid fiscal agent, the Agency for Health Care Administration
825 shall:
826 (a) Prioritize procurements for the replacement of the
827 current functions of FMMIS and the responsibilities of the
828 current Medicaid fiscal agent, to minimize the need to extend
829 all or portions of the current fiscal agent contract.
830 (b) Comply with and not exceed the Centers for Medicare and
831 Medicaid Services funding authorizations for the FX system.
832 (c) Ensure compliance and uniformity with published MITA
833 framework and guidelines.
834 (d) Ensure that all business requirements and technical
835 specifications have been provided to all affected state agencies
836 for their review and input and approved by the executive
837 steering committee established in paragraph (g).
838 (e) Consult with the Executive Office of the Governor’s
839 working group for interagency information technology integration
840 for the development of competitive solicitations that provide
841 for data interoperability and shared information technology
842 services across the state’s health and human services agencies.
843 (f) Implement a data governance structure for the project
844 to coordinate data sharing and interoperability across state
845 healthcare entities.
846 (g) Implement a project governance structure that includes
847 an executive steering committee composed of:
848 1. The Secretary of Health Care Administration, or the
849 executive sponsor of the project.
850 2. A representative of the Division of Operations of the
851 Agency for Health Care Administration, appointed by the
852 Secretary of Health Care Administration.
853 3. Two representatives from the Division of Medicaid of the
854 Agency for Health Care Administration, appointed by the
855 Secretary of Health Care Administration.
856 4. A representative of the Division of Health Quality
857 Assurance of the Agency for Health Care Administration,
858 appointed by the Secretary of Health Care Administration.
859 5. A representative of the Florida Center for Health
860 Information and Transparency of the Agency for Health Care
861 Administration, appointed by the Secretary of Health Care
862 Administration.
863 6. The Chief Information Officer of the Agency for Health
864 Care Administration, or his or her designee.
865 7. The state chief information officer, or his or her
866 designee.
867 8. Two representatives of the Department of Children and
868 Families, appointed by the Secretary of Children and Families.
869 9. A representative of the Department of Health, appointed
870 by the State Surgeon General.
871 10. A representative of the Agency for Persons with
872 Disabilities, appointed by the director of the Agency for
873 Persons with Disabilities.
874 11. A representative from the Florida Healthy Kids
875 Corporation.
876 12. A representative from the Department of Elderly
877 Affairs, appointed by the Secretary of Elderly Affairs.
878 13. A representative of the Department of Financial
879 Services who has experience with the state’s financial processes
880 including development of the PALM system, appointed by the Chief
881 Financial Officer.
882 (3) The Secretary of Health Care Administration or the
883 executive sponsor of the project shall serve as chair of the
884 executive steering committee, and the committee shall take
885 action by a vote of at least 10 affirmative votes with the chair
886 voting on the prevailing side. A quorum of the executive
887 steering committee consists of at least 11 members.
888 (4) The executive steering committee has the overall
889 responsibility for ensuring that the project to replace FMMIS
890 and the Medicaid fiscal agent meets its primary business
891 objectives and shall:
892 (a) Identify and recommend to the Executive Office of the
893 Governor, the President of the Senate, and the Speaker of the
894 House of Representatives any statutory changes needed to
895 implement the modular replacement to standardize, to the fullest
896 extent possible, the state’s healthcare data and business
897 processes.
898 (b) Review and approve any changes to the project’s scope,
899 schedule, and budget which do not conflict with the requirements
900 of subsections (1) and (2).
901 (c) Ensure that adequate resources are provided throughout
902 all phases of the project.
903 (d) Approve all major project deliverables.
904 (e) Review and verify that all procurement and contractual
905 documents associated with the replacement of the current FMMIS
906 and Medicaid fiscal agent align with the scope, schedule, and
907 anticipated budget for the project.
908 (5) This section expires July 1, 2023 2022.
909 Section 28. In order to implement Specific Appropriations
910 189, 211, 212, 279, 337, 487, 703, 704, and 705 of the 2022-2023
911 General Appropriations Act, the Agency for Health Care
912 Administration, in consultation with the Department of Health,
913 the Agency for Persons with Disabilities, the Department of
914 Children and Families, and the Department of Corrections, shall
915 competitively procure a contract with a vendor to negotiate
916 prices for prescription drugs, including insulin and
917 epinephrine, for all participating agencies. The contract must
918 also allow for the direct purchase of such drugs for
919 participating agencies when possible. The contract must require
920 that the vendor be compensated on a contingency basis paid from
921 a portion of the savings achieved through the negotiation and
922 purchase of the prescription drugs. This section expires July 1,
923 2023.
924 Section 29. In order to implement Specific Appropriations
925 581 through 684A and 696 through 731 of the 2022-2023 General
926 Appropriations Act, subsection (4) of section 216.262, Florida
927 Statutes, is amended to read:
928 216.262 Authorized positions.—
929 (4) Notwithstanding the provisions of this chapter relating
930 to increasing the number of authorized positions, and for the
931 2022-2023 2021-2022 fiscal year only, if the actual inmate
932 population of the Department of Corrections exceeds the inmate
933 population projections of the January 13, 2022 March 17, 2021,
934 Criminal Justice Estimating Conference by 1 percent for 2
935 consecutive months or 2 percent for any month, the Executive
936 Office of the Governor, with the approval of the Legislative
937 Budget Commission, shall immediately notify the Criminal Justice
938 Estimating Conference, which shall convene as soon as possible
939 to revise the estimates. The Department of Corrections may then
940 submit a budget amendment requesting the establishment of
941 positions in excess of the number authorized by the Legislature
942 and additional appropriations from unallocated general revenue
943 sufficient to provide for essential staff, fixed capital
944 improvements, and other resources to provide classification,
945 security, food services, health services, and other variable
946 expenses within the institutions to accommodate the estimated
947 increase in the inmate population. All actions taken pursuant to
948 this subsection are subject to review and approval by the
949 Legislative Budget Commission. This subsection expires July 1,
950 2023 2022.
951 Section 30. In order to implement Specific Appropriation
952 719 of the 2022-2023 General Appropriations Act, and upon the
953 expiration and reversion of the amendments made by section 25 of
954 2021-37, Laws of Florida, paragraph (b) of subsection (8) of
955 section 1011.80, Florida Statutes, as amended by chapter 2018
956 104, Laws of Florida, is amended to read:
957 1011.80 Funds for operation of workforce education
958 programs.—
959 (8)
960 (b) State funds provided for the operation of postsecondary
961 workforce programs may not be expended for the education of
962 state or federal inmates, except to the extent that such funds
963 are specifically appropriated for such purpose in the 2022-2023
964 General Appropriations Act with more than 24 months of time
965 remaining to serve on their sentences or federal inmates.
966 Section 31. The amendment to s. 1011.80(8)(b), Florida
967 Statutes, made by this act expires July 1, 2023, and the text of
968 that paragraph shall revert to that in existence on July 1,
969 2019, but not including any amendments made by this act or
970 chapters 2019-116 and 2018-10, Laws of Florida, and any
971 amendments to such text enacted other than by this act shall be
972 preserved and continue to operate to the extent that such
973 amendments are not dependent upon the portions of text which
974 expire pursuant to this section.
975 Section 32. In order to implement Specific Appropriations
976 3201 through 3267 of the 2022-2023 General Appropriations Act,
977 subsection (2) of section 215.18, Florida Statutes, is amended
978 to read:
979 215.18 Transfers between funds; limitation.—
980 (2) The Chief Justice of the Supreme Court may receive one
981 or more trust fund loans to ensure that the state court system
982 has funds sufficient to meet its appropriations in the 2022-2023
983 2021-2022 General Appropriations Act. If the Chief Justice
984 accesses the loan, he or she must notify the Governor and the
985 chairs of the legislative appropriations committees in writing.
986 The loan must come from other funds in the State Treasury which
987 are for the time being or otherwise in excess of the amounts
988 necessary to meet the just requirements of such last-mentioned
989 funds. The Governor shall order the transfer of funds within 5
990 days after the written notification from the Chief Justice. If
991 the Governor does not order the transfer, the Chief Financial
992 Officer shall transfer the requested funds. The loan of funds
993 from which any money is temporarily transferred must be repaid
994 by the end of the 2022-2023 2021-2022 fiscal year. This
995 subsection expires July 1, 2023 2022.
996 Section 33. In order to implement Specific Appropriations
997 1113 through 1123 of the 2022-2023 General Appropriations Act:
998 (1) The Department of Juvenile Justice is required to
999 review county juvenile detention payments to ensure that
1000 counties fulfill their financial responsibilities required in s.
1001 985.6865, Florida Statutes. If the Department of Juvenile
1002 Justice determines that a county has not met its obligations,
1003 the department shall direct the Department of Revenue to deduct
1004 the amount owed to the Department of Juvenile Justice from the
1005 funds provided to the county under s. 218.23, Florida Statutes.
1006 The Department of Revenue shall transfer the funds withheld to
1007 the Shared County/State Juvenile Detention Trust Fund.
1008 (2) As an assurance to holders of bonds issued by counties
1009 before July 1, 2022, for which distributions made pursuant to s.
1010 218.23, Florida Statutes, are pledged, or bonds issued to refund
1011 such bonds which mature no later than the bonds they refunded
1012 and which result in a reduction of debt service payable in each
1013 fiscal year, the amount available for distribution to a county
1014 shall remain as provided by law and continue to be subject to
1015 any lien or claim on behalf of the bondholders. The Department
1016 of Revenue must ensure, based on information provided by an
1017 affected county, that any reduction in amounts distributed
1018 pursuant to subsection (1) does not reduce the amount of
1019 distribution to a county below the amount necessary for the
1020 timely payment of principal and interest when due on the bonds
1021 and the amount necessary to comply with any covenant under the
1022 bond resolution or other documents relating to the issuance of
1023 the bonds. If a reduction to a county’s monthly distribution
1024 must be decreased in order to comply with this section, the
1025 Department of Revenue must notify the Department of Juvenile
1026 Justice of the amount of the decrease, and the Department of
1027 Juvenile Justice must send a bill for payment of such amount to
1028 the affected county.
1029 (3) This section expires July 1, 2023.
1030 Section 34. In order to implement Specific Appropriations
1031 741 through 762A, 913 through 1056, and 1077 through 1112C of
1032 the 2022-2023 General Appropriations Act, and notwithstanding
1033 the expiration date in section 29 of chapter 2021-37, Laws of
1034 Florida, subsection (1), paragraph (a) of subsection (2),
1035 paragraph (a) of subsection (3), and subsections (5), (6), and
1036 (7) of section 27.40, Florida Statutes, are reenacted to read:
1037 27.40 Court-appointed counsel; circuit registries; minimum
1038 requirements; appointment by court.—
1039 (1) Counsel shall be appointed to represent any individual
1040 in a criminal or civil proceeding entitled to court-appointed
1041 counsel under the Federal or State Constitution or as authorized
1042 by general law. The court shall appoint a public defender to
1043 represent indigent persons as authorized in s. 27.51. The office
1044 of criminal conflict and civil regional counsel shall be
1045 appointed to represent persons in those cases in which provision
1046 is made for court-appointed counsel, but only after the public
1047 defender has certified to the court in writing that the public
1048 defender is unable to provide representation due to a conflict
1049 of interest or is not authorized to provide representation. The
1050 public defender shall report, in the aggregate, the specific
1051 basis of all conflicts of interest certified to the court. On a
1052 quarterly basis, the public defender shall submit this
1053 information to the Justice Administrative Commission.
1054 (2)(a) Private counsel shall be appointed to represent
1055 persons in those cases in which provision is made for court
1056 appointed counsel but only after the office of criminal conflict
1057 and civil regional counsel has been appointed and has certified
1058 to the court in writing that the criminal conflict and civil
1059 regional counsel is unable to provide representation due to a
1060 conflict of interest. The criminal conflict and civil regional
1061 counsel shall report, in the aggregate, the specific basis of
1062 all conflicts of interest certified to the court. On a quarterly
1063 basis, the criminal conflict and civil regional counsel shall
1064 submit this information to the Justice Administrative
1065 Commission.
1066 (3) In using a registry:
1067 (a) The chief judge of the circuit shall compile a list of
1068 attorneys in private practice, by county and by category of
1069 cases, and provide the list to the clerk of court in each
1070 county. The chief judge of the circuit may restrict the number
1071 of attorneys on the general registry list. To be included on a
1072 registry, an attorney must certify that he or she:
1073 1. Meets any minimum requirements established by the chief
1074 judge and by general law for court appointment;
1075 2. Is available to represent indigent defendants in cases
1076 requiring court appointment of private counsel; and
1077 3. Is willing to abide by the terms of the contract for
1078 services, s. 27.5304, and this section.
1079
1080 To be included on a registry, an attorney must enter into a
1081 contract for services with the Justice Administrative
1082 Commission. Failure to comply with the terms of the contract for
1083 services may result in termination of the contract and removal
1084 from the registry. Each attorney on the registry is responsible
1085 for notifying the clerk of the court and the Justice
1086 Administrative Commission of any change in his or her status.
1087 Failure to comply with this requirement is cause for termination
1088 of the contract for services and removal from the registry until
1089 the requirement is fulfilled.
1090 (5) The Justice Administrative Commission shall approve
1091 uniform contract forms for use in procuring the services of
1092 private court-appointed counsel and uniform procedures and forms
1093 for use by a court-appointed attorney in support of billing for
1094 attorney’s fees, costs, and related expenses to demonstrate the
1095 attorney’s completion of specified duties. Such uniform
1096 contracts and forms for use in billing must be consistent with
1097 s. 27.5304, s. 216.311, and the General Appropriations Act and
1098 must contain the following statement: “The State of Florida’s
1099 performance and obligation to pay under this contract is
1100 contingent upon an annual appropriation by the Legislature.”
1101 (6) After court appointment, the attorney must immediately
1102 file a notice of appearance with the court indicating acceptance
1103 of the appointment to represent the defendant and of the terms
1104 of the uniform contract as specified in subsection (5).
1105 (7)(a) A private attorney appointed by the court from the
1106 registry to represent a client is entitled to payment as
1107 provided in s. 27.5304 so long as the requirements of subsection
1108 (1) and paragraph (2)(a) are met. An attorney appointed by the
1109 court who is not on the registry list may be compensated under
1110 s. 27.5304 only if the court finds in the order of appointment
1111 that there were no registry attorneys available for
1112 representation for that case and only if the requirements of
1113 subsection (1) and paragraph (2)(a) are met.
1114 (b)1. The flat fee established in s. 27.5304 and the
1115 General Appropriations Act shall be presumed by the court to be
1116 sufficient compensation. The attorney shall maintain appropriate
1117 documentation, including contemporaneous and detailed hourly
1118 accounting of time spent representing the client. If the
1119 attorney fails to maintain such contemporaneous and detailed
1120 hourly records, the attorney waives the right to seek
1121 compensation in excess of the flat fee established in s. 27.5304
1122 and the General Appropriations Act. These records and documents
1123 are subject to review by the Justice Administrative Commission
1124 and audit by the Auditor General, subject to the attorney-client
1125 privilege and work-product privilege. The attorney shall
1126 maintain the records and documents in a manner that enables the
1127 attorney to redact any information subject to a privilege in
1128 order to facilitate the commission’s review of the records and
1129 documents and not to impede such review. The attorney may redact
1130 information from the records and documents only to the extent
1131 necessary to comply with the privilege. The Justice
1132 Administrative Commission shall review such records and shall
1133 contemporaneously document such review before authorizing
1134 payment to an attorney. Objections by or on behalf of the
1135 Justice Administrative Commission to records or documents or to
1136 claims for payment by the attorney shall be presumed correct by
1137 the court unless the court determines, in writing, that
1138 competent and substantial evidence exists to justify overcoming
1139 the presumption.
1140 2. If an attorney fails, refuses, or declines to permit the
1141 commission or the Auditor General to review documentation for a
1142 case as provided in this paragraph, the attorney waives the
1143 right to seek, and the commission may not pay, compensation in
1144 excess of the flat fee established in s. 27.5304 and the General
1145 Appropriations Act for that case.
1146 3. A finding by the commission that an attorney has waived
1147 the right to seek compensation in excess of the flat fee
1148 established in s. 27.5304 and the General Appropriations Act, as
1149 provided in this paragraph, shall be presumed to be correct,
1150 unless the court determines, in writing, that competent and
1151 substantial evidence exists to justify overcoming the
1152 presumption.
1153 Section 35. The amendments to s. 27.40(1), (2)(a), (3)(a),
1154 (5), (6), and (7), Florida Statutes, as carried forward from
1155 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1156 2023, and the text of those subsections and paragraphs, as
1157 applicable, shall revert to that in existence on June 30, 2019,
1158 except that any amendments to such text enacted other than by
1159 this act shall be preserved and continue to operate to the
1160 extent that such amendments are not dependent upon the portions
1161 of text which expire pursuant to this section.
1162 Section 36. In order to implement Specific Appropriations
1163 741 through 762A, 913 through 1056, and 1077 through 1112C of
1164 the 2022-2023 General Appropriations Act, and notwithstanding
1165 the expiration date in section 31 of chapter 2021-37, Laws of
1166 Florida, subsection (13) of section 27.5304, Florida Statutes,
1167 is amended, and subsections (1), (3), (7), and (11), and
1168 paragraphs (a) through (e) of subsection (12) of that section
1169 are reenacted, to read:
1170 27.5304 Private court-appointed counsel; compensation;
1171 notice.—
1172 (1) Private court-appointed counsel appointed in the manner
1173 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1174 Justice Administrative Commission only as provided in this
1175 section and the General Appropriations Act. The flat fees
1176 prescribed in this section are limitations on compensation. The
1177 specific flat fee amounts for compensation shall be established
1178 annually in the General Appropriations Act. The attorney also
1179 shall be reimbursed for reasonable and necessary expenses in
1180 accordance with s. 29.007. If the attorney is representing a
1181 defendant charged with more than one offense in the same case,
1182 the attorney shall be compensated at the rate provided for the
1183 most serious offense for which he or she represented the
1184 defendant. This section does not allow stacking of the fee
1185 limits established by this section.
1186 (3) The court retains primary authority and responsibility
1187 for determining the reasonableness of all billings for attorney
1188 fees, costs, and related expenses, subject to statutory
1189 limitations and the requirements of s. 27.40(7). Private court
1190 appointed counsel is entitled to compensation upon final
1191 disposition of a case.
1192 (7) Counsel eligible to receive compensation from the state
1193 for representation pursuant to court appointment made in
1194 accordance with the requirements of s. 27.40(1) and (2)(a) in a
1195 proceeding under chapter 384, chapter 390, chapter 392, chapter
1196 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
1197 744, or chapter 984 shall receive compensation not to exceed the
1198 limits prescribed in the General Appropriations Act. Any such
1199 compensation must be determined as provided in s. 27.40(7).
1200 (11) It is the intent of the Legislature that the flat fees
1201 prescribed under this section and the General Appropriations Act
1202 comprise the full and complete compensation for private court
1203 appointed counsel. It is further the intent of the Legislature
1204 that the fees in this section are prescribed for the purpose of
1205 providing counsel with notice of the limit on the amount of
1206 compensation for representation in particular proceedings and
1207 the sole procedure and requirements for obtaining payment for
1208 the same.
1209 (a) If court-appointed counsel moves to withdraw prior to
1210 the full performance of his or her duties through the completion
1211 of the case, the court shall presume that the attorney is not
1212 entitled to the payment of the full flat fee established under
1213 this section and the General Appropriations Act.
1214 (b) If court-appointed counsel is allowed to withdraw from
1215 representation prior to the full performance of his or her
1216 duties through the completion of the case and the court appoints
1217 a subsequent attorney, the total compensation for the initial
1218 and any and all subsequent attorneys may not exceed the flat fee
1219 established under this section and the General Appropriations
1220 Act, except as provided in subsection (12).
1221
1222 This subsection constitutes notice to any subsequently appointed
1223 attorney that he or she will not be compensated the full flat
1224 fee.
1225 (12) The Legislature recognizes that on rare occasions an
1226 attorney may receive a case that requires extraordinary and
1227 unusual effort.
1228 (a) If counsel seeks compensation that exceeds the limits
1229 prescribed by law, he or she must file a motion with the chief
1230 judge for an order approving payment of attorney fees in excess
1231 of these limits.
1232 1. Before filing the motion, the counsel shall deliver a
1233 copy of the intended billing, together with supporting
1234 affidavits and all other necessary documentation, to the Justice
1235 Administrative Commission.
1236 2. The Justice Administrative Commission shall review the
1237 billings, affidavit, and documentation for completeness and
1238 compliance with contractual and statutory requirements and shall
1239 contemporaneously document such review before authorizing
1240 payment to an attorney. If the Justice Administrative Commission
1241 objects to any portion of the proposed billing, the objection
1242 and supporting reasons must be communicated in writing to the
1243 private court-appointed counsel. The counsel may thereafter file
1244 his or her motion, which must specify whether the commission
1245 objects to any portion of the billing or the sufficiency of
1246 documentation, and shall attach the commission’s letter stating
1247 its objection.
1248 (b) Following receipt of the motion to exceed the fee
1249 limits, the chief judge or a single designee shall hold an
1250 evidentiary hearing. The chief judge may select only one judge
1251 per circuit to hear and determine motions pursuant to this
1252 subsection, except multicounty circuits and the eleventh circuit
1253 may have up to two designees.
1254 1. At the hearing, the attorney seeking compensation must
1255 prove by competent and substantial evidence that the case
1256 required extraordinary and unusual efforts. The chief judge or
1257 single designee shall consider criteria such as the number of
1258 witnesses, the complexity of the factual and legal issues, and
1259 the length of trial. The fact that a trial was conducted in a
1260 case does not, by itself, constitute competent substantial
1261 evidence of an extraordinary and unusual effort. In a criminal
1262 case, relief under this section may not be granted if the number
1263 of work hours does not exceed 75 or the number of the state’s
1264 witnesses deposed does not exceed 20.
1265 2. Objections by or on behalf of the Justice Administrative
1266 Commission to records or documents or to claims for payment by
1267 the attorney shall be presumed correct by the court unless the
1268 court determines, in writing, that competent and substantial
1269 evidence exists to justify overcoming the presumption. The chief
1270 judge or single designee shall enter a written order detailing
1271 his or her findings and identifying the extraordinary nature of
1272 the time and efforts of the attorney in the case which warrant
1273 exceeding the flat fee established by this section and the
1274 General Appropriations Act.
1275 (c) A copy of the motion and attachments shall be served on
1276 the Justice Administrative Commission at least 20 business days
1277 before the date of a hearing. The Justice Administrative
1278 Commission has standing to appear before the court, and may
1279 appear in person or telephonically, including at the hearing
1280 under paragraph (b), to contest any motion for an order
1281 approving payment of attorney fees, costs, or related expenses
1282 and may participate in a hearing on the motion by use of
1283 telephonic or other communication equipment. The Justice
1284 Administrative Commission may contract with other public or
1285 private entities or individuals to appear before the court for
1286 the purpose of contesting any motion for an order approving
1287 payment of attorney fees, costs, or related expenses. The fact
1288 that the Justice Administrative Commission has not objected to
1289 any portion of the billing or to the sufficiency of the
1290 documentation is not binding on the court.
1291 (d) If the chief judge or a single designee finds that
1292 counsel has proved by competent and substantial evidence that
1293 the case required extraordinary and unusual efforts, the chief
1294 judge or single designee shall order the compensation to be paid
1295 to the attorney at a percentage above the flat fee rate,
1296 depending on the extent of the unusual and extraordinary effort
1297 required. The percentage must be only the rate necessary to
1298 ensure that the fees paid are not confiscatory under common law.
1299 The percentage may not exceed 200 percent of the established
1300 flat fee, absent a specific finding that 200 percent of the flat
1301 fee in the case would be confiscatory. If the chief judge or
1302 single designee determines that 200 percent of the flat fee
1303 would be confiscatory, he or she shall order the amount of
1304 compensation using an hourly rate not to exceed $75 per hour for
1305 a noncapital case and $100 per hour for a capital case. However,
1306 the compensation calculated by using the hourly rate shall be
1307 only that amount necessary to ensure that the total fees paid
1308 are not confiscatory, subject to the requirements of s.
1309 27.40(7).
1310 (e) Any order granting relief under this subsection must be
1311 attached to the final request for a payment submitted to the
1312 Justice Administrative Commission and must satisfy the
1313 requirements of subparagraph (b)2.
1314 (13) Notwithstanding the limitation set forth in subsection
1315 (5) and for the 2022-2023 2021-2022 fiscal year only, the
1316 compensation for representation in a criminal proceeding may not
1317 exceed the following:
1318 (a) For misdemeanors and juveniles represented at the trial
1319 level: $1,000.
1320 (b) For noncapital, nonlife felonies represented at the
1321 trial level: $15,000.
1322 (c) For life felonies represented at the trial level:
1323 $15,000.
1324 (d) For capital cases represented at the trial level:
1325 $25,000. For purposes of this paragraph, a “capital case” is any
1326 offense for which the potential sentence is death and the state
1327 has not waived seeking the death penalty.
1328 (e) For representation on appeal: $9,000.
1329 (f) This subsection expires July 1, 2023 2022.
1330 Section 37. The amendments to s. 27.5304(1), (3), (7),
1331 (11), and (12)(a)-(e), Florida Statutes, as carried forward from
1332 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1333 2023, and the text of those subsections and paragraphs, as
1334 applicable, shall revert to that in existence on June 30, 2019,
1335 except that any amendments to such text enacted other than by
1336 this act shall be preserved and continue to operate to the
1337 extent that such amendments are not dependent upon the portions
1338 of text which expire pursuant to this section.
1339 Section 38. In order to implement section 60 of the 2022
1340 2023 General Appropriations Act, and notwithstanding ss. 216.181
1341 and 216.292, Florida Statutes, the Department of Financial
1342 Services may submit a budget amendment, subject to the notice,
1343 review, and objection procedures of s. 216.177, Florida
1344 Statutes, to increase the category to pay for the information
1345 data warehouse. This section expires July 1, 2023.
1346 Section 39. In order to implement Specific Appropriation
1347 2759O of the 2022-2023 General Appropriations Act, and
1348 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1349 Department of Lottery may submit a budget amendment, subject to
1350 the notice, review, and objection procedures of s. 216.177,
1351 Florida Statutes, to increase the appropriation for the
1352 implementation of a new prize payment system. This section
1353 expires July 1, 2023.
1354 Section 40. In order to implement appropriations used to
1355 pay existing lease contracts for private lease space in excess
1356 of 2,000 square feet in the 2022-2023 General Appropriations
1357 Act, the Department of Management Services, with the cooperation
1358 of the agencies having the existing lease contracts for office
1359 or storage space, shall use tenant broker services to
1360 renegotiate or reprocure all private lease agreements for office
1361 or storage space expiring between July 1, 2023, and June 30,
1362 2025, in order to reduce costs in future years. The department
1363 shall incorporate this initiative into its 2022 master leasing
1364 report required under s. 255.249(7), Florida Statutes, and may
1365 use tenant broker services to explore the possibilities of
1366 collocating office or storage space, to review the space needs
1367 of each agency, and to review the length and terms of potential
1368 renewals or renegotiations. The department shall provide a
1369 report to the Executive Office of the Governor, the President of
1370 the Senate, and the Speaker of the House of Representatives by
1371 November 1, 2022, which lists each lease contract for private
1372 office or storage space, the status of renegotiations, and the
1373 savings achieved. This section expires July 1, 2023.
1374 Section 41. In order to implement appropriations authorized
1375 in the 2022-2023 General Appropriations Act for data center
1376 services, and notwithstanding s. 216.292(2)(a), Florida
1377 Statutes, an agency may not transfer funds from a data
1378 processing category to a category other than another data
1379 processing category. This section expires July 1, 2023.
1380 Section 42. In order to implement the appropriation of
1381 funds in the appropriation category “Northwest Regional Data
1382 Center” in the 2022-2023 General Appropriations Act, and
1383 pursuant to the notice, review, and objection procedures of s.
1384 216.177, Florida Statutes, the Executive Office of the Governor
1385 may transfer funds appropriated in that category between
1386 departments in order to align the budget authority granted based
1387 on the estimated costs for data processing services for the
1388 2022-2023 fiscal year. This section expires July 1, 2023.
1389 Section 43. In order to implement the appropriation of
1390 funds in the appropriation category “Special Categories-Risk
1391 Management Insurance” in the 2022-2023 General Appropriations
1392 Act, and pursuant to the notice, review, and objection
1393 procedures of s. 216.177, Florida Statutes, the Executive Office
1394 of the Governor may transfer funds appropriated in that category
1395 between departments in order to align the budget authority
1396 granted with the premiums paid by each department for risk
1397 management insurance. This section expires July 1, 2023.
1398 Section 44. In order to implement the appropriation of
1399 funds in the appropriation category “Special Categories-Transfer
1400 to Department of Management Services-Human Resources Services
1401 Purchased per Statewide Contract” in the 2022-2023 General
1402 Appropriations Act, and pursuant to the notice, review, and
1403 objection procedures of s. 216.177, Florida Statutes, the
1404 Executive Office of the Governor may transfer funds appropriated
1405 in that category between departments in order to align the
1406 budget authority granted with the assessments that must be paid
1407 by each agency to the Department of Management Services for
1408 human resource management services. This section expires July 1,
1409 2023.
1410 Section 45. In order to implement Specific Appropriation
1411 2395 of the 2022-2023 General Appropriations Act, subsections
1412 (1) through (5) of section 72 of chapter 2020-114, Laws of
1413 Florida, as amended by section 39 of chapter 2021-37, Laws of
1414 Florida, are reenacted and amended to read:
1415 Section 72. (1) The Department of Financial Services shall
1416 replace the four main components of the Florida Accounting
1417 Information Resource Subsystem (FLAIR), which include central
1418 FLAIR, departmental FLAIR, payroll, and information warehouse,
1419 and shall replace the cash management and accounting management
1420 components of the Cash Management Subsystem (CMS) with an
1421 integrated enterprise system that allows the state to organize,
1422 define, and standardize its financial management business
1423 processes and that complies with ss. 215.90-215.96, Florida
1424 Statutes. The department may not include in the replacement of
1425 FLAIR and CMS:
1426 (a) Functionality that duplicates any of the other
1427 information subsystems of the Florida Financial Management
1428 Information System; or
1429 (b) Agency business processes related to any of the
1430 functions included in the Personnel Information System, the
1431 Purchasing Subsystem, or the Legislative Appropriations
1432 System/Planning and Budgeting Subsystem.
1433 (2) For purposes of replacing FLAIR and CMS, the Department
1434 of Financial Services shall:
1435 (a) Take into consideration the cost and implementation
1436 data identified for Option 3 as recommended in the March 31,
1437 2014, Florida Department of Financial Services FLAIR Study,
1438 version 031.
1439 (b) Ensure that all business requirements and technical
1440 specifications have been provided to all state agencies for
1441 their review and input and approved by the executive steering
1442 committee established in paragraph (c).
1443 (c) Implement a project governance structure that includes
1444 an executive steering committee composed of:
1445 1. The Chief Financial Officer or the executive sponsor of
1446 the project.
1447 2. A representative of the Division of Treasury of the
1448 Department of Financial Services, appointed by the Chief
1449 Financial Officer.
1450 3. A representative of the Division of Information Systems
1451 of the Department of Financial Services, appointed by the Chief
1452 Financial Officer.
1453 4. Four employees from the Division of Accounting and
1454 Auditing of the Department of Financial Services, appointed by
1455 the Chief Financial Officer. Each employee must have experience
1456 relating to at least one of the four main components that
1457 compose FLAIR.
1458 5. Two employees from the Executive Office of the Governor,
1459 appointed by the Governor. One employee must have experience
1460 relating to the Legislative Appropriations System/Planning and
1461 Budgeting Subsystem.
1462 6. One employee from the Department of Revenue, appointed
1463 by the executive director, who has experience relating to the
1464 department’s SUNTAX system.
1465 7. Two employees from the Department of Management
1466 Services, appointed by the Secretary of Management Services. One
1467 employee must have experience relating to the department’s
1468 personnel information subsystem and one employee must have
1469 experience relating to the department’s purchasing subsystem.
1470 8. Three state agency administrative services directors,
1471 appointed by the Governor. One director must represent a
1472 regulatory and licensing state agency and one director must
1473 represent a health care-related state agency.
1474 9. The executive sponsor of the Florida Health Care
1475 Connection (FX) System or his or her designee, appointed by the
1476 Secretary of Health Care Administration.
1477 10. The State Chief Information Officer, or his or her
1478 designee, as a nonvoting member. The State Chief Information
1479 Officer, or his or her designee, shall provide monthly status
1480 reports pursuant to the oversight responsibilities in s.
1481 282.0051, Florida Statutes.
1482 (3)(a) The Chief Financial Officer or the executive sponsor
1483 of the project shall serve as chair of the executive steering
1484 committee, and the committee shall take action by a vote of at
1485 least eight affirmative votes with the Chief Financial Officer
1486 or the executive sponsor of the project voting on the prevailing
1487 side. A quorum of the executive steering committee consists of
1488 at least 10 members.
1489 (b) No later than 14 days before a meeting of the executive
1490 steering committee, the chair shall request input from committee
1491 members on agenda items for the next scheduled meeting.
1492 (4) The executive steering committee has the overall
1493 responsibility for ensuring that the project to replace FLAIR
1494 and CMS meets its primary business objectives and shall:
1495 (a) Identify and recommend to the Executive Office of the
1496 Governor, the President of the Senate, and the Speaker of the
1497 House of Representatives any statutory changes needed to
1498 implement the replacement subsystem that will standardize, to
1499 the fullest extent possible, the state’s financial management
1500 business processes.
1501 (b) Review and approve any changes to the project’s scope,
1502 schedule, and budget which do not conflict with the requirements
1503 of subsection (1).
1504 (c) Ensure that adequate resources are provided throughout
1505 all phases of the project.
1506 (d) Approve all major project deliverables and any cost
1507 changes to each deliverable over $250,000.
1508 (e) Approve contract amendments and changes to all
1509 contract-related documents associated with the replacement of
1510 FLAIR and CMS.
1511 (f) Ensure compliance with ss. 216.181(16), 216.311,
1512 216.313, 282.318(4)(h), and 287.058, Florida Statutes.
1513 (5) This section expires July 1, 2023 2022.
1514 Section 46. In order to implement specific appropriations
1515 from the land acquisition trust funds within the Department of
1516 Agriculture and Consumer Services, the Department of
1517 Environmental Protection, the Department of State, and the Fish
1518 and Wildlife Conservation Commission, which are contained in the
1519 2022-2023 General Appropriations Act, subsection (3) of section
1520 215.18, Florida Statutes, is amended to read:
1521 215.18 Transfers between funds; limitation.—
1522 (3) Notwithstanding subsection (1) and only with respect to
1523 a land acquisition trust fund in the Department of Agriculture
1524 and Consumer Services, the Department of Environmental
1525 Protection, the Department of State, or the Fish and Wildlife
1526 Conservation Commission, whenever there is a deficiency in a
1527 land acquisition trust fund which would render that trust fund
1528 temporarily insufficient to meet its just requirements,
1529 including the timely payment of appropriations from that trust
1530 fund, and other trust funds in the State Treasury have moneys
1531 that are for the time being or otherwise in excess of the
1532 amounts necessary to meet the just requirements, including
1533 appropriated obligations, of those other trust funds, the
1534 Governor may order a temporary transfer of moneys from one or
1535 more of the other trust funds to a land acquisition trust fund
1536 in the Department of Agriculture and Consumer Services, the
1537 Department of Environmental Protection, the Department of State,
1538 or the Fish and Wildlife Conservation Commission. Any action
1539 proposed pursuant to this subsection is subject to the notice,
1540 review, and objection procedures of s. 216.177, and the Governor
1541 shall provide notice of such action at least 7 days before the
1542 effective date of the transfer of trust funds, except that
1543 during July 2022 2021, notice of such action shall be provided
1544 at least 3 days before the effective date of a transfer unless
1545 such 3-day notice is waived by the chair and vice-chair of the
1546 Legislative Budget Commission. Any transfer of trust funds to a
1547 land acquisition trust fund in the Department of Agriculture and
1548 Consumer Services, the Department of Environmental Protection,
1549 the Department of State, or the Fish and Wildlife Conservation
1550 Commission must be repaid to the trust funds from which the
1551 moneys were loaned by the end of the 2022-2023 2021-2022 fiscal
1552 year. The Legislature has determined that the repayment of the
1553 other trust fund moneys temporarily loaned to a land acquisition
1554 trust fund in the Department of Agriculture and Consumer
1555 Services, the Department of Environmental Protection, the
1556 Department of State, or the Fish and Wildlife Conservation
1557 Commission pursuant to this subsection is an allowable use of
1558 the moneys in a land acquisition trust fund because the moneys
1559 from other trust funds temporarily loaned to a land acquisition
1560 trust fund shall be expended solely and exclusively in
1561 accordance with s. 28, Art. X of the State Constitution. This
1562 subsection expires July 1, 2023 2022.
1563 Section 47. (1) In order to implement specific
1564 appropriations from the land acquisition trust funds within the
1565 Department of Agriculture and Consumer Services, the Department
1566 of Environmental Protection, the Department of State, and the
1567 Fish and Wildlife Conservation Commission, which are contained
1568 in the 2022-2023 General Appropriations Act, the Department of
1569 Environmental Protection shall transfer revenues from the Land
1570 Acquisition Trust Fund within the department to the land
1571 acquisition trust funds within the Department of Agriculture and
1572 Consumer Services, the Department of State, and the Fish and
1573 Wildlife Conservation Commission, as provided in this section.
1574 As used in this section, the term “department” means the
1575 Department of Environmental Protection.
1576 (2) After subtracting any required debt service payments,
1577 the proportionate share of revenues to be transferred to each
1578 land acquisition trust fund shall be calculated by dividing the
1579 appropriations from each of the land acquisition trust funds for
1580 the fiscal year by the total appropriations from the Land
1581 Acquisition Trust Fund within the department and the land
1582 acquisition trust funds within the Department of Agriculture and
1583 Consumer Services, the Department of State, and the Fish and
1584 Wildlife Conservation Commission for the fiscal year. The
1585 department shall transfer the proportionate share of the
1586 revenues in the Land Acquisition Trust Fund within the
1587 department on a monthly basis to the appropriate land
1588 acquisition trust funds within the Department of Agriculture and
1589 Consumer Services, the Department of State, and the Fish and
1590 Wildlife Conservation Commission and shall retain its
1591 proportionate share of the revenues in the Land Acquisition
1592 Trust Fund within the department. Total distributions to a land
1593 acquisition trust fund within the Department of Agriculture and
1594 Consumer Services, the Department of State, and the Fish and
1595 Wildlife Conservation Commission may not exceed the total
1596 appropriations from such trust fund for the fiscal year.
1597 (3) In addition, the department shall transfer from the
1598 Land Acquisition Trust Fund to land acquisition trust funds
1599 within the Department of Agriculture and Consumer Services, the
1600 Department of State, and the Fish and Wildlife Conservation
1601 Commission amounts equal to the difference between the amounts
1602 appropriated in chapter 2021-36, Laws of Florida, to the
1603 department’s Land Acquisition Trust Fund and the other land
1604 acquisition trust funds, and the amounts actually transferred
1605 between those trust funds during the 2021-2022 fiscal year.
1606 (4) The department may advance funds from the beginning
1607 unobligated fund balance in the Land Acquisition Trust Fund to
1608 the Land Acquisition Trust Fund within the Fish and Wildlife
1609 Conservation Commission needed for cash flow purposes based on a
1610 detailed expenditure plan. The department shall prorate amounts
1611 transferred quarterly to the Fish and Wildlife Conservation
1612 Commission to recoup the amount of funds advanced by June 30,
1613 2023.
1614 (5) This section expires July 1, 2023.
1615 Section 48. In order to implement Specific Appropriations
1616 1472 through 1481 of the 2022-2023 General Appropriations Act,
1617 subsection (8) of section 576.045, Florida Statutes, is amended
1618 to read:
1619 576.045 Nitrogen and phosphorus; findings and intent; fees;
1620 purpose; best management practices; waiver of liability;
1621 compliance; rules; exclusions; expiration.—
1622 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
1623 (4), and (6) expire on December 31, 2023 2022. Subsections (5)
1624 and (7) expire on December 31, 2027.
1625 Section 49. In order to implement appropriations from the
1626 Land Acquisition Trust Fund within the Department of
1627 Environmental Protection in the 2022-2023 General Appropriations
1628 Act, paragraph (b) of subsection (3) of section 375.041, Florida
1629 Statutes, is amended to read:
1630 375.041 Land Acquisition Trust Fund.—
1631 (3) Funds distributed into the Land Acquisition Trust Fund
1632 pursuant to s. 201.15 shall be applied:
1633 (b) Of the funds remaining after the payments required
1634 under paragraph (a), but before funds may be appropriated,
1635 pledged, or dedicated for other uses:
1636 1. A minimum of the lesser of 25 percent or $200 million
1637 shall be appropriated annually for Everglades projects that
1638 implement the Comprehensive Everglades Restoration Plan as set
1639 forth in s. 373.470, including the Central Everglades Planning
1640 Project subject to Congressional authorization; the Long-Term
1641 Plan as defined in s. 373.4592(2); and the Northern Everglades
1642 and Estuaries Protection Program as set forth in s. 373.4595.
1643 From these funds, $32 million shall be distributed each fiscal
1644 year through the 2023-2024 fiscal year to the South Florida
1645 Water Management District for the Long-Term Plan as defined in
1646 s. 373.4592(2). After deducting the $32 million distributed
1647 under this subparagraph, from the funds remaining, a minimum of
1648 the lesser of 76.5 percent or $100 million shall be appropriated
1649 each fiscal year through the 2025-2026 fiscal year for the
1650 planning, design, engineering, and construction of the
1651 Comprehensive Everglades Restoration Plan as set forth in s.
1652 373.470, including the Central Everglades Planning Project, the
1653 Everglades Agricultural Area Storage Reservoir Project, the Lake
1654 Okeechobee Watershed Project, the C-43 West Basin Storage
1655 Reservoir Project, the Indian River Lagoon-South Project, the
1656 Western Everglades Restoration Project, and the Picayune Strand
1657 Restoration Project. The Department of Environmental Protection
1658 and the South Florida Water Management District shall give
1659 preference to those Everglades restoration projects that reduce
1660 harmful discharges of water from Lake Okeechobee to the St.
1661 Lucie or Caloosahatchee estuaries in a timely manner. For the
1662 purpose of performing the calculation provided in this
1663 subparagraph, the amount of debt service paid pursuant to
1664 paragraph (a) for bonds issued after July 1, 2016, for the
1665 purposes set forth under paragraph (b) shall be added to the
1666 amount remaining after the payments required under paragraph
1667 (a). The amount of the distribution calculated shall then be
1668 reduced by an amount equal to the debt service paid pursuant to
1669 paragraph (a) on bonds issued after July 1, 2016, for the
1670 purposes set forth under this subparagraph.
1671 2. A minimum of the lesser of 7.6 percent or $50 million
1672 shall be appropriated annually for spring restoration,
1673 protection, and management projects. For the purpose of
1674 performing the calculation provided in this subparagraph, the
1675 amount of debt service paid pursuant to paragraph (a) for bonds
1676 issued after July 1, 2016, for the purposes set forth under
1677 paragraph (b) shall be added to the amount remaining after the
1678 payments required under paragraph (a). The amount of the
1679 distribution calculated shall then be reduced by an amount equal
1680 to the debt service paid pursuant to paragraph (a) on bonds
1681 issued after July 1, 2016, for the purposes set forth under this
1682 subparagraph.
1683 3. The sum of $5 million shall be appropriated annually
1684 each fiscal year through the 2025-2026 fiscal year to the St.
1685 Johns River Water Management District for projects dedicated to
1686 the restoration of Lake Apopka. This distribution shall be
1687 reduced by an amount equal to the debt service paid pursuant to
1688 paragraph (a) on bonds issued after July 1, 2016, for the
1689 purposes set forth in this subparagraph.
1690 4. The sum of $64 million is appropriated and shall be
1691 transferred to the Everglades Trust Fund for the 2018-2019
1692 fiscal year, and each fiscal year thereafter, for the EAA
1693 reservoir project pursuant to s. 373.4598. Any funds remaining
1694 in any fiscal year shall be made available only for Phase II of
1695 the C-51 reservoir project or projects identified in
1696 subparagraph 1. and must be used in accordance with laws
1697 relating to such projects. Any funds made available for such
1698 purposes in a fiscal year are in addition to the amount
1699 appropriated under subparagraph 1. This distribution shall be
1700 reduced by an amount equal to the debt service paid pursuant to
1701 paragraph (a) on bonds issued after July 1, 2017, for the
1702 purposes set forth in this subparagraph.
1703 5. The sum of $50 million shall be appropriated annually to
1704 the South Florida Water Management District for the Lake
1705 Okeechobee Watershed Restoration Project in accordance with s.
1706 373.4599. This distribution must be reduced by an amount equal
1707 to the debt service paid pursuant to paragraph (a) on bonds
1708 issued after July 1, 2021, for the purposes set forth in this
1709 subparagraph.
1710 6. Notwithstanding subparagraph 3., for the 2022-2023 2021
1711 2022 fiscal year, funds shall be appropriated as provided in the
1712 General Appropriations Act. This subparagraph expires July 1,
1713 2023 2022.
1714 Section 50. In order to implement Specific Appropriation
1715 1713 of the 2022-2023 General Appropriations Act, and
1716 notwithstanding the expiration date in section 48 of chapter
1717 2021-37, Laws of Florida, paragraph (g) of subsection (15) of
1718 section 376.3071, Florida Statutes, is reenacted to read:
1719 376.3071 Inland Protection Trust Fund; creation; purposes;
1720 funding.—
1721 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
1722 department shall pay, pursuant to this subsection, up to $10
1723 million each fiscal year from the fund for the costs of labor
1724 and equipment to repair or replace petroleum storage systems
1725 that may have been damaged due to the storage of fuels blended
1726 with ethanol or biodiesel, or for preventive measures to reduce
1727 the potential for such damage.
1728 (g) Payments may not be made for the following:
1729 1. Proposal costs or costs related to preparation of the
1730 application and required documentation;
1731 2. Certified public accountant costs;
1732 3. Except as provided in paragraph (j), any costs in excess
1733 of the amount approved by the department under paragraph (b) or
1734 which are not in substantial compliance with the purchase order;
1735 4. Costs associated with storage tanks, piping, or
1736 ancillary equipment that has previously been repaired or
1737 replaced for which costs have been paid under this section;
1738 5. Facilities that are not in compliance with department
1739 storage tank rules, until the noncompliance issues have been
1740 resolved; or
1741 6. Costs associated with damage to petroleum storage
1742 systems caused in whole or in part by causes other than the
1743 storage of fuels blended with ethanol or biodiesel.
1744 Section 51. The amendment to s. 376.3071(15)(g), Florida
1745 Statutes, as carried forward from chapter 2020-114, Laws of
1746 Florida, by this act, expires July 1, 2023, and the text of that
1747 paragraph shall revert to that in existence on July 1, 2020, not
1748 including any amendments made by this act or chapter 2020-114,
1749 Laws of Florida, except that any amendments to such text enacted
1750 other than by this act shall be preserved and continue to
1751 operate to the extent that such amendments are not dependent
1752 upon the portion of text which expires pursuant to this section.
1753 Section 52. In order to implement Specific Appropriation
1754 2923 of the 2022-2023 General Appropriations Act, and
1755 notwithstanding the expiration date in section 70 of chapter
1756 2021-37, Laws of Florida, subsection (3) of section 282.709,
1757 Florida Statutes, is reenacted to read:
1758 282.709 State agency law enforcement radio system and
1759 interoperability network.—
1760 (3) In recognition of the critical nature of the statewide
1761 law enforcement radio communications system, the Legislature
1762 finds that there is an immediate danger to the public health,
1763 safety, and welfare, and that it is in the best interest of the
1764 state to continue partnering with the system’s current operator.
1765 The Legislature finds that continuity of coverage is critical to
1766 supporting law enforcement, first responders, and other public
1767 safety users. The potential for a loss in coverage or a lack of
1768 interoperability between users requires emergency action and is
1769 a serious concern for officers’ safety and their ability to
1770 communicate and respond to various disasters and events.
1771 (a) The department, pursuant to s. 287.057(10), shall enter
1772 into a 15-year contract with the entity that was operating the
1773 statewide radio communications system on January 1, 2021. The
1774 contract must include:
1775 1. The purchase of radios;
1776 2. The upgrade to the Project 25 communications standard;
1777 3. Increased system capacity and enhanced coverage for
1778 system users;
1779 4. Operations, maintenance, and support at a fixed annual
1780 rate;
1781 5. The conveyance of communications towers to the
1782 department; and
1783 6. The assignment of communications tower leases to the
1784 department.
1785 (b) The State Agency Law Enforcement Radio System Trust
1786 Fund is established in the department and funded from surcharges
1787 collected under ss. 318.18, 320.0802, and 328.72. Upon
1788 appropriation, moneys in the trust fund may be used by the
1789 department to acquire the equipment, software, and engineering,
1790 administrative, and maintenance services it needs to construct,
1791 operate, and maintain the statewide radio system. Moneys in the
1792 trust fund from surcharges shall be used to help fund the costs
1793 of the system. Upon completion of the system, moneys in the
1794 trust fund may also be used by the department for payment of the
1795 recurring maintenance costs of the system.
1796 Section 53. The text of s. 282.709(3), Florida Statutes, as
1797 carried forward from chapter 2021-37, Laws of Florida, by this
1798 act, expires July 1, 2023, and the text of that subsection shall
1799 revert to that in existence on June 1, 2021, except that any
1800 amendments to such text enacted other than by this act shall be
1801 preserved and continue to operate to the extent that such
1802 amendments are not dependent upon the portions of text which
1803 expire pursuant to this section.
1804 Section 54. In order to implement appropriations relating
1805 to the purchase of equipment and services related to the
1806 Statewide Law Enforcement Radio System (SLERS) as authorized in
1807 the 2022-2023 General Appropriations Act, and notwithstanding s.
1808 287.057, Florida Statutes, state agencies and other eligible
1809 users of the SLERS network may use the Department of Management
1810 Services SLERS contract for purchase of equipment and services.
1811 This section expires July 1, 2023.
1812 Section 55. In order to implement section 59 of the 2022
1813 2023 General Appropriations Act, and in order to expedite the
1814 closure of the Piney Point facility located in Manatee County,
1815 the Department of Environmental Protection is exempt from the
1816 competitive procurement requirements of s. 287.057, Florida
1817 Statutes, for any procurement of commodities or contractual
1818 services in support of the site closure or to address
1819 environmental impacts associated with the system failure. This
1820 section expires July 1, 2023.
1821 Section 56. In order to implement Specific Appropriation
1822 2656 of the 2022-2023 General Appropriations Act, paragraph (b)
1823 of subsection (3) and subsection (5) of section 321.04, Florida
1824 Statutes, are amended to read:
1825 321.04 Personnel of the highway patrol; rank
1826 classifications; probationary status of new patrol officers;
1827 subsistence; special assignments.—
1828 (3)
1829 (b) For the 2022-2023 2021-2022 fiscal year only, upon the
1830 request of the Governor, the Department of Highway Safety and
1831 Motor Vehicles shall assign one or more patrol officers to the
1832 office of the Lieutenant Governor for security services. This
1833 paragraph expires July 1, 2023 2022.
1834 (5) For the 2022-2023 2021-2022 fiscal year only, the
1835 assignment of a patrol officer by the department shall include a
1836 Cabinet member specified in s. 4, Art. IV of the State
1837 Constitution if deemed appropriate by the department or in
1838 response to a threat and upon written request of such Cabinet
1839 member. This subsection expires July 1, 2023 2022.
1840 Section 57. Effective upon becoming a law and in order to
1841 implement Specific Appropriations 2637 and 2645 of the 2022-2023
1842 General Appropriations Act, subsection (7) of section 215.559,
1843 Florida Statutes, is amended to read:
1844 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
1845 Mitigation Program is established in the Division of Emergency
1846 Management.
1847 (7) This section is repealed June 30, 2023 2022.
1848 Section 58. In order to implement section 84 of the 2022
1849 2023 General Appropriations Act, subsection (3) of section
1850 288.80125, Florida Statutes, is amended to read:
1851 288.80125 Triumph Gulf Coast Trust Fund.—
1852 (3) For the 2022-2023 2021-2022 fiscal year, funds shall be
1853 used for the Rebuild Florida Revolving Loan Fund program to
1854 provide assistance to businesses impacted by Hurricane Michael
1855 as provided in the General Appropriations Act. This subsection
1856 expires July 1, 2023 2022.
1857 Section 59. In order to implement Specific Appropriations
1858 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1859 through 1991, and 2026 through 2039 and section 104 of the 2022
1860 2023 General Appropriations Act, subsections (4) and (5) of
1861 section 339.08, Florida Statutes, are amended to read:
1862 339.08 Use of moneys in State Transportation Trust Fund.—
1863 (4) Notwithstanding the provisions of this section and ss.
1864 215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year
1865 only, funds may be transferred from the State Transportation
1866 Trust Fund to the General Revenue Fund as specified in the
1867 General Appropriations Act. Notwithstanding ss. 206.46(3) and
1868 206.606(2), the total amount transferred shall be reduced from
1869 total state revenues deposited into the State Transportation
1870 Trust Fund for the calculation requirements of ss. 206.46(3) and
1871 206.606(2). This subsection expires July 1, 2022.
1872 (5) Notwithstanding any other law, and for the 2022-2023
1873 2021-2022 fiscal year only, funds are appropriated to the State
1874 Transportation Trust Fund from the General Revenue Fund shall be
1875 used on State Highway System projects and grants to Florida
1876 ports as provided in the General Appropriations Act. The
1877 department is not required to deplete the resources transferred
1878 from the General Revenue Fund for the fiscal year as required in
1879 s. 339.135(3)(b), and the funds may not be used in calculating
1880 the required quarterly cash balance of the trust fund as
1881 required in s. 339.135(6)(b). The department shall track and
1882 account for such appropriated funds as a separate funding source
1883 for eligible projects on the State Highway System and grants to
1884 Florida ports. This subsection expires July 1, 2023 2022.
1885 Section 60. In order to implement Specific Appropriations
1886 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1887 through 1991, and 2026 through 2039 of the 2022-2023 General
1888 Appropriations Act, paragraph (h) of subsection (7) of section
1889 339.135, Florida Statutes, is reenacted and amended to read:
1890 339.135 Work program; legislative budget request;
1891 definitions; preparation, adoption, execution, and amendment.—
1892 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1893 (h)1. Any work program amendment that also adds a new
1894 project, or phase thereof, to the adopted work program in excess
1895 of $3 million is subject to approval by the Legislative Budget
1896 Commission. Any work program amendment submitted under this
1897 paragraph must include, as supplemental information, a list of
1898 projects, or phases thereof, in the current 5-year adopted work
1899 program which are eligible for the funds within the
1900 appropriation category being used for the proposed amendment.
1901 The department shall provide a narrative with the rationale for
1902 not advancing an existing project, or phase thereof, in lieu of
1903 the proposed amendment.
1904 2. If the department submits an amendment to the
1905 Legislative Budget Commission and the commission does not meet
1906 or consider the amendment within 30 days after its submittal,
1907 the chair and vice chair of the commission may authorize the
1908 amendment to be approved pursuant to s. 216.177. This
1909 subparagraph expires July 1, 2023 2022.
1910 Section 61. In order to implement Specific Appropriation
1911 2305 of the 2022-2023 General Appropriations Act, subsections
1912 (5) and (6) are added to section 331.3101, Florida Statutes, to
1913 read:
1914 331.3101 Space Florida; travel and entertainment expenses.—
1915 (5) Notwithstanding the provisions of this section, in the
1916 2022 annual report required under subsection (3), Space Florida
1917 must:
1918 (a) Provide an itemized accounting, by date of travel, of
1919 all travel, entertainment, and incidental expenses incurred;
1920 (b) To the extent such expenses exceed the generally
1921 allowable limits under s. 112.061, provide reasons behind the
1922 need to exceed the statutory limits in s. 112.061;
1923 (c) Categorize expenses for Space Florida board members,
1924 staff, and employees and for business clients. The report must
1925 also set forth any expenses authorized by the board or its
1926 designee for a guest; and
1927 (d) Include information related to corrective actions and
1928 steps taken by Space Florida to address the findings in the
1929 Auditor General Report number 2022-049.
1930
1931 This subsection expires July 1, 2023.
1932 (6) Notwithstanding the provisions of this section, travel
1933 and entertainment expenses incurred by Space Florida may only be
1934 for expenses that are solely and exclusively incurred in
1935 connection with the performance of its statutory duties and made
1936 in accordance with this subsection.
1937 (a) For the 2022-2023 fiscal year, Space Florida may not
1938 expend any funds, whether appropriated or from income earned by
1939 Space Florida, on travel and entertainment expenses for the
1940 fiscal year in excess of an amount equal to 4 percent of the
1941 amount appropriated in the General Appropriations Act to the
1942 entity. No funds may be expended on any recreational activities
1943 for any Space Florida board members, staff, or employees or a
1944 business client or guest.
1945 (b) For the 2022-2023 fiscal year, lodging expenses for a
1946 board member, staff, or employee of Space Florida may not exceed
1947 $150 per day, excluding taxes, unless Space Florida is
1948 participating in a negotiated group rate discount or Space
1949 Florida provides documentation of at least three comparable
1950 alternatives demonstrating that such lodging at the required
1951 rate is not available. However, a board member, staff, or
1952 employee of Space Florida may expend his or her own funds for
1953 any lodging expenses in excess of $150 per day.
1954 (c) This subsection expires July 1, 2023.
1955 Section 62. In order to implement Specific Appropriations
1956 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1957 through 1991, and 2026 through 2039 of the 2022-2023 General
1958 Appropriations Act, subsections (17) and (18) are added to
1959 section 337.11, Florida Statutes, to read:
1960 337.11 Contracting authority of department; bids; emergency
1961 repairs, supplemental agreements, and change orders; combined
1962 design and construction contracts; progress payments; records;
1963 requirements of vehicle registration.—
1964 (17) The department shall implement strategies to reduce
1965 the cost of design, inspection, and construction while ensuring
1966 that the design and construction of projects meet applicable
1967 federal and state standards. The department shall submit a
1968 report by December 31, 2022, to the Governor, the President of
1969 the Senate, and the Speaker of the House of Representatives
1970 which details the strategies implemented and the projected
1971 savings to the state. This subsection expires July 1, 2023.
1972 (18) The department may share a portion of the construction
1973 cost savings realized due to a change in the construction
1974 contract design and scope, initiated after execution of the
1975 contract, with a design services consultant to the extent that
1976 the consultant’s input and involvement contributed to such
1977 savings. The amount paid to a consultant pursuant to this
1978 subsection may not exceed 10 percent of the construction cost
1979 savings realized. This subsection expires July 1, 2023.
1980 Section 63. Effective upon becoming a law, in order to
1981 implement appropriations for economic development programs in
1982 the 2021-2022 and 2022-2023 fiscal year General Appropriations
1983 Acts, the Department of Economic Opportunity shall give priority
1984 to applications for projects that benefit the on-shoring of
1985 manufacturing to the state, defined as the relocation of
1986 manufacturing from foreign nations to the state, when such
1987 prioritization may be applicable to the scope of an economic
1988 development program. This section expires July 1, 2023.
1989 Section 64. In order to implement Specific Appropriation
1990 2599 of the 2022-2023 General Appropriations Act, paragraph (d)
1991 of subsection (4) of section 112.061, Florida Statutes, is
1992 amended to read:
1993 112.061 Per diem and travel expenses of public officers,
1994 employees, and authorized persons; statewide travel management
1995 system.—
1996 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
1997 officer or employee assigned to an office shall be the city or
1998 town in which the office is located except that:
1999 (d) A Lieutenant Governor who permanently resides outside
2000 of Leon County, may, if he or she so requests, have an
2001 appropriate facility in his or her county designated as his or
2002 her official headquarters for purposes of this section. This
2003 official headquarters may only serve as the Lieutenant
2004 Governor’s personal office. The Lieutenant Governor may not use
2005 state funds to lease space in any facility for his or her
2006 official headquarters.
2007 1. A Lieutenant Governor for whom an official headquarters
2008 is established in his or her county of residence pursuant to
2009 this paragraph is eligible for subsistence at a rate to be
2010 established by the Governor for each day or partial day that the
2011 Lieutenant Governor is at the State Capitol to conduct official
2012 state business. In addition to the subsistence allowance, a
2013 Lieutenant Governor is eligible for reimbursement for
2014 transportation expenses as provided in subsection (7) for travel
2015 between the Lieutenant Governor’s official headquarters and the
2016 State Capitol to conduct state business.
2017 2. Payment of subsistence and reimbursement for
2018 transportation between a Lieutenant Governor’s official
2019 headquarters and the State Capitol shall be made to the extent
2020 appropriated funds are available, as determined by the Governor.
2021 3. This paragraph expires July 1, 2023 2022.
2022 Section 65. Effective upon becoming a law, in order to
2023 implement section 8 of the 2022-2023 General Appropriations Act:
2024 (1) The Department of Management Services, pursuant to s.
2025 110.123(3), Florida Statutes, shall release, during the 2021
2026 2022 fiscal year or 2022-2023 fiscal year, competitive
2027 procurements for third-party administrative services for
2028 preferred provider organization plans, health maintenance
2029 organization services, and pharmacy benefits manager services to
2030 be effective January 1, 2024.
2031 (2) Such competitive procurements and resultant contracts
2032 shall continue the State Group Health Insurance Standard Plans,
2033 State Group Health Insurance High Deductible Plans, State Group
2034 Health Maintenance Organization Standard Plans, and State Group
2035 Health Maintenance Organization High Deductible Plans within the
2036 State Group Insurance Program. Notwithstanding s. 110.123(3)(j),
2037 Florida Statutes, the benefits provided under each of the plans
2038 shall be those benefits provided in the Plan Year 2022 State
2039 Employees’ PPO Plan Group Health Insurance Plan Booklet and
2040 Benefit Document and the Plan Year 2022 Health Maintenance
2041 Organization contracts and benefit documents, modified only by
2042 revisions approved by the Legislature.
2043 (3) It is the intent of the Legislature that state agencies
2044 operate in an efficient manner and contract for necessary
2045 services in the best interests of the state and its residents.
2046 In recognition of the limitations otherwise placed on state
2047 agencies pursuant to s. 216.311, Florida Statutes, when
2048 contracting for services, the Department of Management Services,
2049 when contracting for administrative services relating to the
2050 administration of the health plans beginning in Plan Year 2024,
2051 is authorized to enter into contracts that may require the
2052 payment of administrative fees not to exceed 110 percent of the
2053 amount appropriated in the 2022-2023 General Appropriations Act
2054 to the Division of State Group Insurance for such services.
2055 (4) Notwithstanding s. 110.123(3)(f) and (j), Florida
2056 Statutes, the Department of Management Services shall maintain
2057 and offer the same PPO and HMO health plan alternatives to the
2058 participants of the State Group Health Insurance Program during
2059 the 2022-2023 fiscal year which were in effect for the 2021-2022
2060 fiscal year.
2061
2062 This section expires July 1, 2023.
2063 Section 66. In order to implement the appropriation of
2064 funds in the special categories, contracted services, and
2065 expenses categories of the 2022-2023 General Appropriations Act,
2066 a state agency may not initiate a competitive solicitation for a
2067 product or service if the completion of such competitive
2068 solicitation would:
2069 (1) Require a change in law; or
2070 (2) Require a change to the agency’s budget other than a
2071 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
2072 unless the initiation of such competitive solicitation is
2073 specifically authorized in law, in the General Appropriations
2074 Act, or by the Legislative Budget Commission.
2075
2076 This section does not apply to a competitive solicitation for
2077 which the agency head certifies that a valid emergency exists.
2078 This section expires July 1, 2023.
2079 Section 67. In order to implement Specific Appropriations
2080 2722 and 2723 of the 2022-2023 General Appropriations Act, and
2081 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2082 salaries for members of the Legislature for the 2022-2023 fiscal
2083 year shall be set at the same level in effect on July 1, 2010.
2084 This section expires July 1, 2023.
2085 Section 68. In order to implement the transfer of funds
2086 from the General Revenue Fund from trust funds for the 2022-2023
2087 General Appropriations Act, and notwithstanding the expiration
2088 date in section 61 of chapter 2021-37, Laws of Florida,
2089 paragraph (b) of subsection (2) of section 215.32, Florida
2090 Statutes, is reenacted to read:
2091 215.32 State funds; segregation.—
2092 (2) The source and use of each of these funds shall be as
2093 follows:
2094 (b)1. The trust funds shall consist of moneys received by
2095 the state which under law or under trust agreement are
2096 segregated for a purpose authorized by law. The state agency or
2097 branch of state government receiving or collecting such moneys
2098 is responsible for their proper expenditure as provided by law.
2099 Upon the request of the state agency or branch of state
2100 government responsible for the administration of the trust fund,
2101 the Chief Financial Officer may establish accounts within the
2102 trust fund at a level considered necessary for proper
2103 accountability. Once an account is established, the Chief
2104 Financial Officer may authorize payment from that account only
2105 upon determining that there is sufficient cash and releases at
2106 the level of the account.
2107 2. In addition to other trust funds created by law, to the
2108 extent possible, each agency shall use the following trust funds
2109 as described in this subparagraph for day-to-day operations:
2110 a. Operations or operating trust fund, for use as a
2111 depository for funds to be used for program operations funded by
2112 program revenues, with the exception of administrative
2113 activities when the operations or operating trust fund is a
2114 proprietary fund.
2115 b. Operations and maintenance trust fund, for use as a
2116 depository for client services funded by third-party payors.
2117 c. Administrative trust fund, for use as a depository for
2118 funds to be used for management activities that are departmental
2119 in nature and funded by indirect cost earnings and assessments
2120 against trust funds. Proprietary funds are excluded from the
2121 requirement of using an administrative trust fund.
2122 d. Grants and donations trust fund, for use as a depository
2123 for funds to be used for allowable grant or donor agreement
2124 activities funded by restricted contractual revenue from private
2125 and public nonfederal sources.
2126 e. Agency working capital trust fund, for use as a
2127 depository for funds to be used pursuant to s. 216.272.
2128 f. Clearing funds trust fund, for use as a depository for
2129 funds to account for collections pending distribution to lawful
2130 recipients.
2131 g. Federal grant trust fund, for use as a depository for
2132 funds to be used for allowable grant activities funded by
2133 restricted program revenues from federal sources.
2134
2135 To the extent possible, each agency must adjust its internal
2136 accounting to use existing trust funds consistent with the
2137 requirements of this subparagraph. If an agency does not have
2138 trust funds listed in this subparagraph and cannot make such
2139 adjustment, the agency must recommend the creation of the
2140 necessary trust funds to the Legislature no later than the next
2141 scheduled review of the agency’s trust funds pursuant to s.
2142 215.3206.
2143 3. All such moneys are hereby appropriated to be expended
2144 in accordance with the law or trust agreement under which they
2145 were received, subject always to the provisions of chapter 216
2146 relating to the appropriation of funds and to the applicable
2147 laws relating to the deposit or expenditure of moneys in the
2148 State Treasury.
2149 4.a. Notwithstanding any provision of law restricting the
2150 use of trust funds to specific purposes, unappropriated cash
2151 balances from selected trust funds may be authorized by the
2152 Legislature for transfer to the Budget Stabilization Fund and
2153 General Revenue Fund in the General Appropriations Act.
2154 b. This subparagraph does not apply to trust funds required
2155 by federal programs or mandates; trust funds established for
2156 bond covenants, indentures, or resolutions whose revenues are
2157 legally pledged by the state or public body to meet debt service
2158 or other financial requirements of any debt obligations of the
2159 state or any public body; the Division of Licensing Trust Fund
2160 in the Department of Agriculture and Consumer Services; the
2161 State Transportation Trust Fund; the trust fund containing the
2162 net annual proceeds from the Florida Education Lotteries; the
2163 Florida Retirement System Trust Fund; trust funds under the
2164 management of the State Board of Education or the Board of
2165 Governors of the State University System, where such trust funds
2166 are for auxiliary enterprises, self-insurance, and contracts,
2167 grants, and donations, as those terms are defined by general
2168 law; trust funds that serve as clearing funds or accounts for
2169 the Chief Financial Officer or state agencies; trust funds that
2170 account for assets held by the state in a trustee capacity as an
2171 agent or fiduciary for individuals, private organizations, or
2172 other governmental units; and other trust funds authorized by
2173 the State Constitution.
2174 Section 69. The text of s. 215.32(2)(b), Florida Statutes,
2175 as carried forward from chapter 2011-47, Laws of Florida, by
2176 this act, expires July 1, 2023, and the text of that paragraph
2177 shall revert to that in existence on June 30, 2011, except that
2178 any amendments to such text enacted other than by this act shall
2179 be preserved and continue to operate to the extent that such
2180 amendments are not dependent upon the portions of text which
2181 expire pursuant to this section.
2182 Section 70. In order to implement appropriations in the
2183 2022-2023 General Appropriations Act for state employee travel,
2184 the funds appropriated to each state agency which may be used
2185 for travel by state employees are limited during the 2022-2023
2186 fiscal year to travel for activities that are critical to each
2187 state agency’s mission. Funds may not be used for travel by
2188 state employees to foreign countries, other states, conferences,
2189 staff training activities, or other administrative functions
2190 unless the agency head has approved, in writing, that such
2191 activities are critical to the agency’s mission. The agency head
2192 shall consider using teleconferencing and other forms of
2193 electronic communication to meet the needs of the proposed
2194 activity before approving mission-critical travel. This section
2195 does not apply to travel for law enforcement purposes, military
2196 purposes, emergency management activities, or public health
2197 activities. This section expires July 1, 2023.
2198 Section 71. In order to implement appropriations in the
2199 2022-2023 General Appropriations Act for state employee travel
2200 and notwithstanding s. 112.061, Florida Statutes, costs for
2201 lodging associated with a meeting, conference, or convention
2202 organized or sponsored in whole or in part by a state agency or
2203 the judicial branch may not exceed $175 per day. An employee may
2204 expend his or her own funds for any lodging expenses in excess
2205 of $175 per day. For purposes of this section, a meeting does
2206 not include travel activities for conducting an audit,
2207 examination, inspection, or investigation or travel activities
2208 related to a litigation or emergency response. This section
2209 expires July 1, 2023.
2210 Section 72. In order to implement the appropriation of
2211 funds in the special categories, contracted services, and
2212 expenses categories of the 2022-2023 General Appropriations Act,
2213 a state agency may not enter into a contract containing a
2214 nondisclosure clause that prohibits the contractor from
2215 disclosing information relevant to the performance of the
2216 contract to members or staff of the Senate or the House of
2217 Representatives. This section expires July 1, 2023.
2218 Section 73. In order to implement Specific Appropriation
2219 2599 of the 2022-2023 General Appropriations Act, section 14.35,
2220 Florida Statutes, is reenacted and amended to read:
2221 14.35 Governor’s Medal of Freedom.—
2222 (1) The Governor may present, in the name of the State of
2223 Florida, a medal to be known as the “Governor’s Medal of
2224 Freedom,” which shall bear a suitable inscription and ribbon of
2225 appropriate design, to any person who has made an especially
2226 meritorious contribution to the interests and citizens of the
2227 state, its culture, or other significant public or private
2228 endeavor.
2229 (2)(a) In the event of the death of an individual who has
2230 been chosen to receive the Governor’s Medal of Freedom, the
2231 medal may be presented to a designated representative of the
2232 chosen recipient.
2233 (b) The Governor’s Medal of Freedom may only be presented
2234 to an individual once.
2235 (3) This section expires July 1, 2023 2022.
2236 Section 74. Any section of this act which implements a
2237 specific appropriation or specifically identified proviso
2238 language in the 2022-2023 General Appropriations Act is void if
2239 the specific appropriation or specifically identified proviso
2240 language is vetoed. Any section of this act which implements
2241 more than one specific appropriation or more than one portion of
2242 specifically identified proviso language in the 2022-2023
2243 General Appropriations Act is void if all the specific
2244 appropriations or portions of specifically identified proviso
2245 language are vetoed.
2246 Section 75. If any other act passed during the 2022 Regular
2247 Session of the Legislature contains a provision that is
2248 substantively the same as a provision in this act, but that
2249 removes or is otherwise not subject to the future repeal applied
2250 to such provision by this act, the Legislature intends that the
2251 provision in the other act takes precedence and continues to
2252 operate, notwithstanding the future repeal provided by this act.
2253 Section 76. If any provision of this act or its application
2254 to any person or circumstance is held invalid, the invalidity
2255 does not affect other provisions or applications of the act
2256 which can be given effect without the invalid provision or
2257 application, and to this end the provisions of this act are
2258 severable.
2259 Section 77. Except as otherwise expressly provided in this
2260 act and except for this section, which shall take effect upon
2261 this act becoming a law, this act shall take effect July 1,
2262 2022, or, if this act fails to become a law until after that
2263 date, it shall take effect upon becoming a law and shall operate
2264 retroactively to July 1, 2022.