Bill Text: FL S2502 | 2019 | Regular Session | Enrolled


Bill Title: Implementing the 2019-2020 General Appropriations Act

Spectrum: Partisan Bill (? 1-0)

Status: (Enrolled) 2019-06-14 - Signed by Officers and presented to Governor [S2502 Detail]

Download: Florida-2019-S2502-Enrolled.html
       ENROLLED
       2019 Legislature                          SB 2502, 2nd Engrossed
       
       
       
       
       
       
                                                             20192502er
    1  
    2         An act implementing the 2019-2020 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program; providing that
    6         funds for instructional materials must be released and
    7         expended as required in specified proviso language;
    8         amending s. 1009.215, F.S.; revising the academic
    9         terms in which certain students are eligible to
   10         receive Bright Futures Scholarships; providing that
   11         such students may receive scholarships for the fall
   12         term for specified coursework under certain
   13         circumstances; providing for the expiration and
   14         reversion of specified statutory text; amending s.
   15         1011.62, F.S.; extending for 1 fiscal year provisions
   16         governing the funding compression allocation;
   17         reenacting s. 1001.26(1), F.S., relating to public
   18         broadcasting program system; extending for 1 fiscal
   19         year authorization for the Department of Education to
   20         provide certain appropriated funds to public colleges
   21         and universities for public broadcasting; providing
   22         for the expiration and reversion of specified
   23         statutory text; amending s. 1011.80, F.S.; removing a
   24         limitation on the maximum amount of funding that may
   25         be appropriated for performance funding relating to
   26         funds for the operation of workforce education
   27         programs; amending s. 1011.81, F.S.; removing a
   28         limitation on the maximum amount of funding that may
   29         be appropriated for performance funding relating to
   30         industry certifications for Florida College System
   31         institutions; providing for the expiration and
   32         reversion of specified statutory text; requiring the
   33         State Board of Education to serve as the board of
   34         trustees of the Florida Virtual School for the 2019
   35         2020 fiscal year; prescribing certain duties of the
   36         board; requiring an audit of the Florida Virtual
   37         School in accordance with specified requirements;
   38         requiring the Department of Education to submit
   39         certain recommendations regarding the Florida Virtual
   40         School to the Governor and Legislature by a specified
   41         date; requiring the Office of Economic and Demographic
   42         Research to develop a methodology for calculating each
   43         school district’s wage level index; specifying
   44         required duties of the office; requiring the office to
   45         submit a transition plan to the Governor and
   46         Legislature by a specified date; prohibiting the
   47         transition plan’s implementation unless specifically
   48         enacted by the Legislature; incorporating by reference
   49         certain calculations for the Medicaid Disproportionate
   50         Share Hospital and Hospital Reimbursement programs;
   51         authorizing the Agency for Health Care Administration,
   52         in consultation with the Department of Health, to
   53         submit a budget amendment to realign funding for a
   54         component of the Children’s Medical Services program
   55         to reflect actual enrollment changes; specifying
   56         requirements for such realignment; authorizing the
   57         agency to request nonoperating budget authority for
   58         transferring certain federal funds to the Department
   59         of Health; amending s. 409.908, F.S.; modifying
   60         parameters governing prospective payment methodology
   61         with respect to Medicaid provider reimbursement;
   62         providing for the expiration and reversion of
   63         specified statutory text; reenacting s. 409.908(23),
   64         F.S., relating to the reimbursement of Medicaid
   65         providers; providing for the future expiration and
   66         reversion of specified statutory text; amending s.
   67         409.908, F.S.; authorizing the Agency for Health Care
   68         Administration to receive funds from specified sources
   69         for purposes of making Low Income Pool Program
   70         payments; providing for the expiration and reversion
   71         of specified statutory text; amending s. 409.912,
   72         F.S.; authorizing the Agency for Health Care
   73         Administration to extend a specified contract for a
   74         certain period; providing for the expiration and
   75         reversion of specified statutory text; amending s.
   76         409.904, F.S.; requiring the Agency for Health Care
   77         Administration to make payments for Medicaid-covered
   78         services in a specified manner; requiring the agency,
   79         by a certain date, in consultation with the Department
   80         of Children and Families and certain other entities,
   81         to submit a certain report to the Governor and the
   82         Legislature; specifying requirements for the report;
   83         amending s. 393.0661, F.S.; authorizing the agency to
   84         develop and submit a plan to the Legislature for
   85         redesigning the Medicaid waiver program if certain
   86         conditions exist; conforming provisions; providing for
   87         the expiration and reversion of specified statutory
   88         text; amending s. 400.179, F.S.; revising conditions
   89         under which a lease bond alternative exception
   90         relating to the transfer of a nursing facility does
   91         not apply; providing for the expiration and reversion
   92         of specified statutory text; amending s. 624.91, F.S.;
   93         requiring the Florida Healthy Kids Corporation to
   94         validate the medical loss ratio and calculate a refund
   95         amount for insurers and providers of health care
   96         services who meet certain criteria; providing for the
   97         deposit of any such refund; providing for the
   98         expiration and reversion of specified statutory text;
   99         amending s. 893.055, F.S.; extending for 1 fiscal year
  100         a provision prohibiting the Attorney General and the
  101         Department of Health from using certain settlement
  102         agreement funds to administer the prescription drug
  103         monitoring program; amending s. 409.911, F.S.;
  104         updating the average of audited disproportionate share
  105         data for purposes of calculating disproportionate
  106         share payments; extending for 1 fiscal year the
  107         requirement that the Agency for Health Care
  108         Administration distribute moneys to hospitals that
  109         provide a disproportionate share of Medicaid or
  110         charity care services, as provided in the General
  111         Appropriations Act; amending s. 409.9113, F.S.;
  112         extending for 1 fiscal year the requirement that the
  113         Agency for Health Care Administration make
  114         disproportionate share payments to teaching hospitals
  115         as provided in the General Appropriations Act;
  116         amending s. 409.9119, F.S.; extending for 1 fiscal
  117         year the requirement that the Agency for Health Care
  118         Administration make disproportionate share payments to
  119         certain specialty hospitals for children; authorizing
  120         the Agency for Health Care Administration to submit a
  121         budget amendment to realign Medicaid funding for
  122         specified purposes, subject to certain limitations;
  123         authorizing the Agency for Health Care Administration
  124         and the Department of Health to each submit a budget
  125         amendment to realign funding within the Florida
  126         Kidcare program appropriation categories or increase
  127         budget authority for certain purposes; specifying the
  128         time period within each such budget amendment must be
  129         submitted; exempting entities that meet certain
  130         criteria from the licensure requirements of part X of
  131         ch. 400, F.S.; amending s. 381.986, F.S.; exempting
  132         rules pertaining to the medical use of marijuana from
  133         certain rulemaking requirements; amending s. 381.988,
  134         F.S.; exempting rules pertaining to medical marijuana
  135         testing laboratories from certain rulemaking
  136         requirements; amending s. 14(1), ch. 2017-232, Laws of
  137         Florida; exempting certain rules pertaining to medical
  138         marijuana adopted to replace emergency rules from
  139         specified rulemaking requirements; providing for the
  140         expiration and reversion of specified law; amending s.
  141         383.14, F.S.; requiring the Department of Health to
  142         integrate screening for spinal muscular atrophy into
  143         the newborn screening testing panel; authorizing the
  144         Department of Children and Families to submit a budget
  145         amendment to realign funding for implementation of the
  146         Guardianship Assistance Program; requiring the
  147         Department of Children and Families to establish a
  148         formula for the distribution of funds to implement the
  149         Guardianship Assistance Program; amending s. 409.991,
  150         F.S.; redefining the term “core services funds” to
  151         include funds appropriated for the Guardianship
  152         Assistance Program; amending s. 296.37, F.S.;
  153         extending for 1 fiscal year a provision specifying the
  154         monthly contribution to residents of a state veterans’
  155         nursing home; authorizing the Department of Health to
  156         submit a budget amendment to increase budget authority
  157         for the HIV/AIDS Prevention and Treatment Program if
  158         certain conditions are met; authorizing the Department
  159         of Children and Families to submit a budget amendment
  160         to increase budget authority for the Supplemental
  161         Nutrition Assistance Program if certain conditions are
  162         met; authorizing the Department of Children and
  163         Families to submit a budget amendment to realign
  164         funding within the Family Safety Program for specified
  165         purposes; amending s. 216.262, F.S.; extending for 1
  166         fiscal year the authority of the Department of
  167         Corrections to submit a budget amendment for
  168         additional positions and appropriations under certain
  169         circumstances; amending s. 1011.80, F.S.; specifying
  170         the manner by which state funds for postsecondary
  171         workforce programs may be used for inmate education;
  172         providing for the expiration and reversion of
  173         specified statutory text; amending s. 215.18, F.S.;
  174         extending for 1 fiscal year the authority and related
  175         repayment requirements for temporary trust fund loans
  176         to the state court system which are sufficient to meet
  177         the system’s appropriation; requiring the Department
  178         of Juvenile Justice to review county juvenile
  179         detention payments to determine whether a county has
  180         met specified financial responsibilities; requiring
  181         amounts owed by the county for such financial
  182         responsibilities to be deducted from certain county
  183         funds; requiring the Department of Revenue to transfer
  184         withheld funds to a specified trust fund; requiring
  185         the Department of Revenue to ensure that such
  186         reductions in amounts distributed do not reduce
  187         distributions below amounts necessary for certain
  188         payments due on bonds and to comply with bond
  189         covenants; requiring the Department of Revenue to
  190         notify the Department of Juvenile Justice if bond
  191         payment requirements mandate a reduction in deductions
  192         for amounts owed by a county; amending s. 27.40, F.S.;
  193         revising circumstances under which the office of
  194         criminal conflict and civil regional counsel or
  195         private counsel may be appointed; requiring the public
  196         defender and the office of criminal conflict and civil
  197         regional counsel to report certain information to the
  198         Justice Administrative Commission at specified
  199         intervals; making a conforming change; requiring
  200         inclusion of a specified statement on uniform
  201         contracts and forms used for private court-appointed
  202         counsel; modifying requirements for the notice of
  203         appearance filed by a court-appointed attorney;
  204         modifying conditions under which a private attorney is
  205         entitled to payment; providing that the flat fee for
  206         compensation of private court-appointed counsel is
  207         presumed to be sufficient; providing that certain
  208         records and documents maintained by the court
  209         appointed attorney are subject to audit by the Auditor
  210         General; requiring the Justice Administrative
  211         Commission to review such records and documents before
  212         authorizing payment to the court-appointed attorney;
  213         providing a rebuttable presumption for certain
  214         objections made by or on behalf of the Justice
  215         Administrative Commission; revising the presumption in
  216         favor of the commission regarding a court-appointed
  217         attorney’s waiver of the right to seek compensation in
  218         excess of the flat fee; providing for the expiration
  219         and reversion of specified statutory text; amending s.
  220         27.5304, F.S.; providing a rebuttable presumption for
  221         certain objections made by or on behalf of the Justice
  222         Administrative Commission at the evidentiary hearing
  223         regarding the private court-appointed counsel’s
  224         compensation; increasing the length of time before the
  225         hearing that certain documents must be served on the
  226         commission; authorizing the commission to appear in
  227         person or telephonically at such hearing; establishing
  228         certain limitations on compensation for private court
  229         appointed counsel for the 2019-2020 fiscal year;
  230         conforming provisions to changes made by the act;
  231         providing for the expiration and reversion of
  232         specified statutory text; specifying that clerks of
  233         the circuit court are responsible for certain costs
  234         related to juries which exceed a certain funding
  235         level; reenacting s. 318.18(19)(c), F.S., relating to
  236         penalty amounts for traffic infractions; extending for
  237         1 fiscal year the redirection of revenues from the
  238         Public Defenders Revenue Trust Fund to the Indigent
  239         Criminal Defense Trust Fund; reenacting s.
  240         817.568(12)(b), F.S., relating to the criminal use of
  241         personal identification information; extending for 1
  242         fiscal year the redirection of revenues from the
  243         Public Defenders Revenue Trust Fund to the Indigent
  244         Criminal Defense Trust Fund; providing for the
  245         expiration and reversion of specified statutory text;
  246         authorizing a Supreme Court Justice to designate an
  247         alternate facility as his or her official headquarters
  248         for purposes of travel reimbursement; specifying
  249         expenses for which a justice may be reimbursed;
  250         requiring the Chief Justice to coordinate with an
  251         affected justice and other appropriate officials with
  252         respect to implementation; providing construction;
  253         prohibiting the Supreme Court from using state funds
  254         to lease space in an alternate facility for use as a
  255         justice’s official headquarters; requiring the
  256         Department of Management Services to use tenant broker
  257         services to renegotiate or reprocure certain private
  258         lease agreements for office or storage space;
  259         requiring the Department of Management Services to
  260         provide a report to the Governor and Legislature by a
  261         specified date; specifying the amount of the
  262         transaction fee to be collected for use of the online
  263         procurement system; prohibiting an agency from
  264         transferring funds from a data processing category to
  265         another category that is not a data processing
  266         category; authorizing the Executive Office of the
  267         Governor to transfer funds appropriated for data
  268         processing assessment between departments for a
  269         specified purpose; authorizing the Executive Office of
  270         the Governor to transfer funds between departments for
  271         purposes of aligning amounts paid for risk management
  272         insurance and for human resources services; requiring
  273         the Department of Financial Services to replace
  274         specified components of the Florida Accounting
  275         Information Resource Subsystem (FLAIR) and the Cash
  276         Management Subsystem (CMS); specifying certain actions
  277         to be taken by the Department of Financial Services
  278         regarding FLAIR and CMS replacement; providing for the
  279         composition of an executive steering committee to
  280         oversee FLAIR and CMS replacement; prescribing duties
  281         and responsibilities of the executive steering
  282         committee; requiring executive branch state agencies
  283         and the judicial branch to collaborate with the
  284         Executive Office of the Governor regarding
  285         implementation of the statewide travel management
  286         system and to use such system; transferring specified
  287         entities within the Agency for State Technology to the
  288         Department of Management Services by a type two
  289         transfer; amending s. 20.22, F.S.; extending for 1
  290         fiscal year a provision requiring the Department of
  291         Management Services to provide certain financial
  292         management oversight to the Agency for State
  293         Technology; amending s. 20.255, F.S.; extending for 1
  294         fiscal year a provision designating the Department of
  295         Environmental Protection as the lead executive branch
  296         agency regarding geospatial data; amending s. 20.61,
  297         F.S.; providing exceptions to the requirement that the
  298         Agency for State Technology is not subject to control,
  299         supervision, or direction by the Department of
  300         Management Services; removing provisions providing for
  301         establishment of certain positions within the agency;
  302         providing for the expiration and reversion of
  303         specified statutory text; reenacting s. 282.0041(5),
  304         (20), and (28), F.S., relating to definitions for ch.
  305         282, F.S.; reenacting s. 282.0051(11), F.S., relating
  306         to the powers, duties, and functions of the Agency for
  307         State Technology; reenacting s. 282.201(2)(d), F.S.,
  308         relating to the state data center; providing for the
  309         expiration and reversion of specified statutory text;
  310         specifying conditions under which certain sections of
  311         the act regarding information technology
  312         reorganization may not take effect; amending s.
  313         216.181, F.S.; extending for 1 fiscal year the
  314         authority for the Legislative Budget Commission to
  315         increase amounts appropriated to the Fish and Wildlife
  316         Conservation Commission or the Department of
  317         Environmental Protection for certain fixed capital
  318         outlay projects from specified sources; amending s.
  319         215.18, F.S.; extending for 1 fiscal year the
  320         authority of the Governor, if there is a specified
  321         temporary deficiency in a land acquisition trust fund
  322         in the Department of Agriculture and Consumer
  323         Services, the Department of Environmental Protection,
  324         the Department of State, or the Fish and Wildlife
  325         Conservation Commission, to transfer funds from other
  326         trust funds in the State Treasury as a temporary loan
  327         to such trust fund; providing a deadline for the
  328         repayment of a temporary loan; requiring the
  329         Department of Environmental Protection to transfer
  330         designated proportions of the revenues deposited in
  331         the Land Acquisition Trust Fund within the department
  332         to land acquisition trust funds in the Department of
  333         Agriculture and Consumer Services, the Department of
  334         State, and the Fish and Wildlife Conservation
  335         Commission according to specified parameters and
  336         calculations; defining the term “department”;
  337         requiring the Department of Environmental Protection
  338         to retain a proportionate share of revenues;
  339         specifying a limit on distributions; requiring the
  340         Department of Environmental Protection to make
  341         transfers to land acquisition trust funds; specifying
  342         the method of determining transfer amounts;
  343         authorizing the Department of Environmental Protection
  344         to advance funds from its land acquisition trust fund
  345         to the Fish and Wildlife Conservation Commission’s
  346         land acquisition trust fund for specified purposes;
  347         requiring the Department of Environmental Protection
  348         to prorate amounts transferred to the Fish and
  349         Wildlife Conservation Commission; amending s. 375.041,
  350         F.S.; specifying that certain funds for projects
  351         dedicated to restoring Lake Apopka shall be
  352         appropriated as provided in the General Appropriations
  353         Act; amending s. 216.181, F.S.; authorizing the
  354         Legislative Budget Commission to increase amounts
  355         appropriated to the Department of Environmental
  356         Protection for fixed capital outlay projects using
  357         specified funds; specifying additional information to
  358         be included in budget amendments for projects
  359         requiring additional funding; authorizing the
  360         Department of Agriculture and Consumer Services to
  361         submit a budget amendment to increase budget authority
  362         for a school lunch program under certain
  363         circumstances; amending s. 570.441, F.S.; extending
  364         for 1 fiscal year a provision authorizing the
  365         Department of Agriculture and Consumer Services to use
  366         certain funds for purposes related to the Division of
  367         Agricultural Environmental Services; amending s.
  368         570.93, F.S.; revising requirements for a cost-share
  369         program administered by the Department of Agriculture
  370         and Consumer Services; providing for the expiration
  371         and reversion of specified statutory text; amending s.
  372         525.07, F.S.; authorizing the Department of
  373         Agriculture and Consumer Services to affix an
  374         inspection sticker meeting specified requirements to
  375         any petroleum measuring device; providing for the
  376         expiration and reversion of specified statutory text;
  377         amending s. 259.105, F.S.; providing for the
  378         distribution of proceeds from the Florida Forever
  379         Trust Fund for the 2019-2020 fiscal year; amending s.
  380         321.04, F.S.; requiring the Department of Highway
  381         Safety and Motor Vehicles to assign one or more patrol
  382         officers to the office of Lieutenant Governor for
  383         security purposes, upon request of the Governor;
  384         extending for 1 fiscal year the requirement that the
  385         Department of Highway Safety and Motor Vehicles assign
  386         a patrol officer to a Cabinet member under certain
  387         circumstances; amending s. 420.9079, F.S.; authorizing
  388         funds in the Local Government Housing Trust Fund to be
  389         used as provided in the General Appropriations Act;
  390         amending s. 420.0005, F.S.; authorizing certain funds
  391         related to state housing to be used as provided in the
  392         General Appropriations Act; amending s. 288.0655,
  393         F.S.; specifying how funds appropriated for the grant
  394         program under the Rural Infrastructure Fund for
  395         Florida Panhandle counties are to be distributed;
  396         amending s. 288.1226, F.S.; revising the scheduled
  397         repeal of the Florida Tourism Industry Marketing
  398         Corporation direct-support organization; amending s.
  399         288.923, F.S.; revising the scheduled repeal of the
  400         Division of Tourism Marketing of Enterprise Florida,
  401         Inc.; amending s. 339.135, F.S.; authorizing the chair
  402         and vice chair of the Legislative Budget Commission to
  403         approve the Department of Transportation’s budget
  404         amendment under specified circumstances; amending s.
  405         339.2818, F.S.; authorizing certain counties and
  406         municipalities to compete for additional funds for
  407         specified purposes related to Hurricane Michael
  408         recovery; amending s. 112.061, F.S.; authorizing the
  409         Lieutenant Governor to designate an alternative
  410         official headquarters if certain conditions are met;
  411         specifying restrictions and limitations; specifying
  412         eligibility for the subsistence allowance and the
  413         reimbursement of transportation expenses, and
  414         providing for the payment thereof; amending s.
  415         216.292, F.S.; extending for 1 fiscal year a provision
  416         prescribing requirements for the review of certain
  417         transfers of appropriations; requiring the Department
  418         of Management Services to maintain and offer the same
  419         health insurance options for participants of the State
  420         Group Health Insurance Program for the 2019-2020
  421         fiscal year as for the preceding fiscal year;
  422         prohibiting a state agency from initiating a
  423         competitive solicitation for a product or service
  424         under certain circumstances; providing an exception;
  425         amending s. 112.24, F.S.; extending for 1 fiscal year
  426         the authorization, subject to specified requirements,
  427         for the assignment of an employee of a state agency
  428         under an employee interchange agreement; providing
  429         that the annual salaries of the members of the
  430         Legislature be maintained at a specified level;
  431         reenacting s. 215.32(2)(b), F.S., relating to the
  432         source and use of certain trust funds; providing for
  433         the future expiration and reversion of statutory text;
  434         limiting the use of travel funds to activities that
  435         are critical to an agency’s mission; providing
  436         exceptions; placing a monetary cap on lodging expenses
  437         for state employee travel to certain meetings
  438         organized or sponsored by a state agency or the
  439         judicial branch; authorizing employees to expend their
  440         own funds for lodging expenses in excess of the
  441         monetary caps; prohibiting state agencies from
  442         entering into contracts containing certain
  443         nondisclosure agreements; providing conditions under
  444         which the veto of certain appropriations or proviso
  445         language in the General Appropriations Act voids
  446         language that implements such appropriation; providing
  447         for the continued operation of certain provisions
  448         notwithstanding a future repeal or expiration provided
  449         by the act; providing severability; providing
  450         effective dates.
  451          
  452  Be It Enacted by the Legislature of the State of Florida:
  453  
  454         Section 1. It is the intent of the Legislature that the
  455  implementing and administering provisions of this act apply to
  456  the General Appropriations Act for the 2019-2020 fiscal year.
  457         Section 2. In order to implement Specific Appropriations 6,
  458  7, 8, 93, and 94 of the 2019-2020 General Appropriations Act,
  459  the calculations of the Florida Education Finance Program for
  460  the 2019-2020 fiscal year included in the document titled
  461  “Public School Funding: The Florida Education Finance Program,”
  462  dated May 1, 2019, and filed with the Secretary of the Senate,
  463  are incorporated by reference for the purpose of displaying the
  464  calculations used by the Legislature, consistent with the
  465  requirements of state law, in making appropriations for the
  466  Florida Education Finance Program. This section expires July 1,
  467  2020.
  468         Section 3. In order to implement Specific Appropriations 6
  469  and 93 of the 2019-2020 General Appropriations Act, and
  470  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  471  1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
  472  expenditure of funds provided for instructional materials, for
  473  the 2019-2020 fiscal year, funds provided for instructional
  474  materials shall be released and expended as required in the
  475  proviso language for Specific Appropriation 93 of the 2019-2020
  476  General Appropriations Act. This section expires July 1, 2020.
  477         Section 4. Effective July 1, 2019, upon the expiration and
  478  reversion of the amendment made to section 1009.215, Florida
  479  Statutes, pursuant to section 13 of chapter 2018-10, Laws of
  480  Florida, and in order to implement Specific Appropriation 4 of
  481  the 2019-2020 General Appropriations Act, subsection (3) of
  482  section 1009.215, Florida Statutes, is amended to read:
  483         1009.215 Student enrollment pilot program for the spring
  484  and summer terms.—
  485         (3) Students who are enrolled in the pilot program and who
  486  are eligible to receive Bright Futures Scholarships under ss.
  487  1009.53-1009.536 are shall be eligible to receive the
  488  scholarship award for attendance during the spring and summer
  489  terms. This student cohort is also eligible to receive Bright
  490  Futures Scholarships during the fall term, which may be used for
  491  off-campus or online coursework, if Bright Futures Scholarship
  492  funding is provided by the Legislature for three terms for other
  493  eligible students during that academic year no more than 2
  494  semesters or the equivalent in any fiscal year, including the
  495  summer term.
  496         Section 5. The amendment to s. 1009.215(3), Florida
  497  Statutes, by this act expires July 1, 2020, and the text of that
  498  subsection shall revert to that in existence on June 30, 2018,
  499  except that any amendments to such text enacted other than by
  500  this act shall be preserved and continue to operate to the
  501  extent that such amendments are not dependent upon the portions
  502  of text which expire pursuant to this section.
  503         Section 6. In order to implement Specific Appropriations 6
  504  and 93 of the 2019-2020 General Appropriations Act, subsection
  505  (17) of section 1011.62, Florida Statutes, is amended to read:
  506         1011.62 Funds for operation of schools.—If the annual
  507  allocation from the Florida Education Finance Program to each
  508  district for operation of schools is not determined in the
  509  annual appropriations act or the substantive bill implementing
  510  the annual appropriations act, it shall be determined as
  511  follows:
  512         (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
  513  provide an annual funding compression allocation in the General
  514  Appropriations Act. The allocation is created to provide
  515  additional funding to school districts and developmental
  516  research schools whose total funds per FTE in the prior year
  517  were less than the statewide average. Using the most recent
  518  prior year FEFP calculation for each eligible school district,
  519  the total funds per FTE shall be subtracted from the state
  520  average funds per FTE, not including any adjustments made
  521  pursuant to paragraph (18)(b). The resulting funds per FTE
  522  difference, or a portion thereof, as designated in the General
  523  Appropriations Act, shall then be multiplied by the school
  524  district’s total unweighted FTE to provide the allocation. If
  525  the calculated funds are greater than the amount included in the
  526  General Appropriations Act, they must be prorated to the
  527  appropriation amount based on each participating school
  528  district’s share. This subsection expires July 1, 2020 2019.
  529         Section 7. In order to implement Specific Appropriation 122
  530  of the 2019-2020 General Appropriations Act, and notwithstanding
  531  the expiration date in section 6 of chapter 2018-10, Laws of
  532  Florida, subsection (1) of section 1001.26, Florida Statutes, is
  533  reenacted to read:
  534         1001.26 Public broadcasting program system.—
  535         (1) There is created a public broadcasting program system
  536  for the state. The department shall provide funds, as
  537  specifically appropriated in the General Appropriations Act, to
  538  educational television stations qualified by the Corporation for
  539  Public Broadcasting or public colleges and universities that are
  540  part of the public broadcasting program system. The program
  541  system must include:
  542         (a) Support for existing Corporation for Public
  543  Broadcasting qualified program system educational television
  544  stations.
  545         (b) Maintenance of quality broadcast capability for
  546  educational stations that are part of the program system.
  547         (c) Interconnection of all educational stations that are
  548  part of the program system for simultaneous broadcast and of
  549  such stations with all universities and other institutions as
  550  necessary for sharing of resources and delivery of programming.
  551         (d) Establishment and maintenance of a capability for
  552  statewide program distribution with facilities and staff,
  553  provided such facilities and staff complement and strengthen
  554  existing educational television stations.
  555         (e) Provision of both statewide programming funds and
  556  station programming support for educational television to meet
  557  statewide priorities. Priorities for station programming need
  558  not be the same as priorities for programming to be used
  559  statewide. Station programming may include, but shall not be
  560  limited to, citizens’ participation programs, music and fine
  561  arts programs, coverage of public hearings and governmental
  562  meetings, equal air time for political candidates, and other
  563  public interest programming.
  564         Section 8. The text of s. 1001.26(1), Florida Statutes, as
  565  carried forward from chapter 2018-10, Laws of Florida, by this
  566  act, expires July 1, 2020, and the text of that subsection shall
  567  revert to that in existence on June 30, 2018, except that any
  568  amendments enacted other than by this act shall be preserved and
  569  continue to operate to the extent that such amendments are not
  570  dependent upon the portions of text which expire pursuant to
  571  this section.
  572         Section 9. In order to implement Specific Appropriation 123
  573  of the 2019-2020 General Appropriations Act, paragraph (b) of
  574  subsection (6) of section 1011.80, Florida Statutes, is amended
  575  to read:
  576         1011.80 Funds for operation of workforce education
  577  programs.—
  578         (6)
  579         (b) Performance funding for industry certifications for
  580  school district workforce education programs is contingent upon
  581  specific appropriation in the General Appropriations Act and
  582  shall be determined as follows:
  583         1. Occupational areas for which industry certifications may
  584  be earned, as established in the General Appropriations Act, are
  585  eligible for performance funding. Priority shall be given to the
  586  occupational areas emphasized in state, national, or corporate
  587  grants provided to Florida educational institutions.
  588         2. The Chancellor of Career and Adult Education shall
  589  identify the industry certifications eligible for funding on the
  590  CAPE Postsecondary Industry Certification Funding List approved
  591  by the State Board of Education pursuant to s. 1008.44, based on
  592  the occupational areas specified in the General Appropriations
  593  Act.
  594         3. Each school district shall be provided $1,000 for each
  595  industry certification earned by a workforce education student.
  596  The maximum amount of funding appropriated for performance
  597  funding pursuant to this paragraph shall be limited to $15
  598  million annually. If funds are insufficient to fully fund the
  599  calculated total award, such funds shall be prorated.
  600         Section 10. In order to implement Specific Appropriation
  601  128 of the 2019-2020 General Appropriations Act, paragraph (c)
  602  of subsection (2) of section 1011.81, Florida Statutes, is
  603  amended to read:
  604         1011.81 Florida College System Program Fund.—
  605         (2) Performance funding for industry certifications for
  606  Florida College System institutions is contingent upon specific
  607  appropriation in the General Appropriations Act and shall be
  608  determined as follows:
  609         (c) Each Florida College System institution shall be
  610  provided $1,000 for each industry certification earned by a
  611  student. The maximum amount of funding appropriated for
  612  performance funding pursuant to this subsection shall be limited
  613  to $15 million annually. If funds are insufficient to fully fund
  614  the calculated total award, such funds shall be prorated.
  615         Section 11. The amendments to s. 1011.80(6)(b) and s.
  616  1011.81(2)(c), Florida Statutes, by this act expire July 1,
  617  2020, and the text of those paragraphs shall revert to that in
  618  existence on June 30, 2019, except that any amendments to such
  619  text enacted other than by this act shall be preserved and
  620  continue to operate to the extent that such amendments are not
  621  dependent upon the portions of text which expire pursuant to
  622  this section.
  623         Section 12. Effective upon becoming a law, in order to
  624  implement Specific Appropriations 6 and 93 of the 2019-2020
  625  General Appropriations Act, notwithstanding the requirements of
  626  s. 1002.37(2), Florida Statutes, the State Board of Education
  627  shall serve as the board of trustees of the Florida Virtual
  628  School established pursuant to s. 1002.37, Florida Statutes.
  629         (1) The State Board of Education sitting as the board of
  630  trustees of the Florida Virtual School shall appoint an
  631  executive director, who will report directly to the Commissioner
  632  of Education. In this capacity, the board may only take actions
  633  to conserve and maintain the Florida Virtual School by ensuring
  634  the execution of programs, contracts, services, and agreements
  635  in place on or before May 1, 2019. The board may extend or renew
  636  contracts as necessary to maintain and operate existing programs
  637  and services. In addition, the board shall administer personnel
  638  programs for all employees of the Florida Virtual School in
  639  accordance with s. 1002.37(2)(f), Florida Statutes.
  640         (2) The executive director shall, within existing
  641  resources, competitively award a contract for an independent
  642  third-party consulting firm to conduct financial, operational,
  643  or performance audits, as defined by s. 11.45, Florida Statutes,
  644  of the Florida Virtual School in accordance with generally
  645  accepted government auditing standards. The Office of the
  646  Inspector General of the Department of Education shall oversee
  647  the audit. The consulting firm shall submit the results of the
  648  audit along with recommendations in accordance with s. 1002.37,
  649  Florida Statutes, to the Commissioner of Education by October 1,
  650  2019. The Department of Education shall provide recommendations
  651  regarding the governance, operation, and organization of the
  652  Florida Virtual School to the Governor, the President of the
  653  Senate, and the Speaker of the House of Representatives by
  654  November 1, 2019.
  655         (3) This section expires July 1, 2020.
  656         Section 13. In order to implement Specific Appropriations
  657  2753 and 2754 of the 2019-2020 General Appropriations Act, the
  658  Office of Economic and Demographic Research shall develop a
  659  methodology for calculating each school district’s wage level
  660  index using appropriate county-level and occupational-level wage
  661  data. In developing the methodology, the office shall seek the
  662  input from a broad range of stakeholders, including but not
  663  limited to, school districts and the Department of Economic
  664  Opportunity, to identify the key factors that result in cost
  665  differences among counties and their relative magnitude. To the
  666  maximum extent feasible, the office shall develop a methodology
  667  for calculating each school district’s wage level index that
  668  minimizes the effects of temporary disruptions in the data due
  669  to adverse events or disturbances. The office shall compare the
  670  district-level impact of each school district’s wage level index
  671  as calculated by the office versus the Florida Price Level Index
  672  used for each school district for the 2019-2020 fiscal year
  673  district cost differential and provide a transition plan that
  674  minimizes any negative impacts for beginning with the 2020-2021
  675  fiscal year using the wage level index as calculated by the
  676  office. The office shall submit the transition plan to the
  677  President of the Senate, the Speaker of the House of
  678  Representatives, and the Governor by October 1, 2019. The
  679  implementation of the transition plan may not occur unless
  680  affirmatively enacted by the Legislature. This section expires
  681  July 1, 2020.
  682         Section 14. In order to implement Specific Appropriations
  683  203, 204, 207, and 211 of the 2019-2020 General Appropriations
  684  Act, the calculations for the Medicaid Disproportionate Share
  685  Hospital and Hospital Reimbursement programs for the 2019-2020
  686  fiscal year contained in the document titled “Medicaid
  687  Disproportionate Share Hospital and Hospital Reimbursement
  688  Programs, Fiscal Year 2019-2020,” dated May 1, 2019, and filed
  689  with the Secretary of the Senate, are incorporated by reference
  690  for the purpose of displaying the calculations used by the
  691  Legislature, consistent with the requirements of state law, in
  692  making appropriations for the Medicaid Disproportionate Share
  693  Hospital and Hospital Reimbursement programs. This section
  694  expires July 1, 2020.
  695         Section 15. In order to implement Specific Appropriations
  696  197 through 224 and 523 of the 2019-2020 General Appropriations
  697  Act, and notwithstanding ss. 216.181 and 216.292, Florida
  698  Statutes, the Agency for Health Care Administration, in
  699  consultation with the Department of Health, may submit a budget
  700  amendment, subject to the notice, review, and objection
  701  procedures of s. 216.177, Florida Statutes, to realign funding
  702  within and between agencies based on implementation of the
  703  Managed Medical Assistance component of the Statewide Medicaid
  704  Managed Care program for the Children’s Medical Services program
  705  of the Department of Health. The funding realignment shall
  706  reflect the actual enrollment changes due to the transfer of
  707  beneficiaries from fee-for-service to the capitated Children’s
  708  Medical Services Network. The Agency for Health Care
  709  Administration may submit a request for nonoperating budget
  710  authority to transfer the federal funds to the Department of
  711  Health pursuant to s. 216.181(12), Florida Statutes. This
  712  section expires July 1, 2020.
  713         Section 16. Effective October 1, 2019, in order to
  714  implement Specific Appropriations 221 and 222 of the 2019-2020
  715  General Appropriations Act, subsection (2) of section 409.908,
  716  Florida Statutes, as amended by section 19 of chapter 2018-10,
  717  Laws of Florida, is amended to read:
  718         409.908 Reimbursement of Medicaid providers.—Subject to
  719  specific appropriations, the agency shall reimburse Medicaid
  720  providers, in accordance with state and federal law, according
  721  to methodologies set forth in the rules of the agency and in
  722  policy manuals and handbooks incorporated by reference therein.
  723  These methodologies may include fee schedules, reimbursement
  724  methods based on cost reporting, negotiated fees, competitive
  725  bidding pursuant to s. 287.057, and other mechanisms the agency
  726  considers efficient and effective for purchasing services or
  727  goods on behalf of recipients. If a provider is reimbursed based
  728  on cost reporting and submits a cost report late and that cost
  729  report would have been used to set a lower reimbursement rate
  730  for a rate semester, then the provider’s rate for that semester
  731  shall be retroactively calculated using the new cost report, and
  732  full payment at the recalculated rate shall be effected
  733  retroactively. Medicare-granted extensions for filing cost
  734  reports, if applicable, shall also apply to Medicaid cost
  735  reports. Payment for Medicaid compensable services made on
  736  behalf of Medicaid eligible persons is subject to the
  737  availability of moneys and any limitations or directions
  738  provided for in the General Appropriations Act or chapter 216.
  739  Further, nothing in this section shall be construed to prevent
  740  or limit the agency from adjusting fees, reimbursement rates,
  741  lengths of stay, number of visits, or number of services, or
  742  making any other adjustments necessary to comply with the
  743  availability of moneys and any limitations or directions
  744  provided for in the General Appropriations Act, provided the
  745  adjustment is consistent with legislative intent.
  746         (2)(a)1. Reimbursement to nursing homes licensed under part
  747  II of chapter 400 and state-owned-and-operated intermediate care
  748  facilities for the developmentally disabled licensed under part
  749  VIII of chapter 400 must be made prospectively.
  750         2. Unless otherwise limited or directed in the General
  751  Appropriations Act, reimbursement to hospitals licensed under
  752  part I of chapter 395 for the provision of swing-bed nursing
  753  home services must be made on the basis of the average statewide
  754  nursing home payment, and reimbursement to a hospital licensed
  755  under part I of chapter 395 for the provision of skilled nursing
  756  services must be made on the basis of the average nursing home
  757  payment for those services in the county in which the hospital
  758  is located. When a hospital is located in a county that does not
  759  have any community nursing homes, reimbursement shall be
  760  determined by averaging the nursing home payments in counties
  761  that surround the county in which the hospital is located.
  762  Reimbursement to hospitals, including Medicaid payment of
  763  Medicare copayments, for skilled nursing services shall be
  764  limited to 30 days, unless a prior authorization has been
  765  obtained from the agency. Medicaid reimbursement may be extended
  766  by the agency beyond 30 days, and approval must be based upon
  767  verification by the patient’s physician that the patient
  768  requires short-term rehabilitative and recuperative services
  769  only, in which case an extension of no more than 15 days may be
  770  approved. Reimbursement to a hospital licensed under part I of
  771  chapter 395 for the temporary provision of skilled nursing
  772  services to nursing home residents who have been displaced as
  773  the result of a natural disaster or other emergency may not
  774  exceed the average county nursing home payment for those
  775  services in the county in which the hospital is located and is
  776  limited to the period of time which the agency considers
  777  necessary for continued placement of the nursing home residents
  778  in the hospital.
  779         (b) Subject to any limitations or directions in the General
  780  Appropriations Act, the agency shall establish and implement a
  781  state Title XIX Long-Term Care Reimbursement Plan for nursing
  782  home care in order to provide care and services in conformance
  783  with the applicable state and federal laws, rules, regulations,
  784  and quality and safety standards and to ensure that individuals
  785  eligible for medical assistance have reasonable geographic
  786  access to such care.
  787         1. The agency shall amend the long-term care reimbursement
  788  plan and cost reporting system to create direct care and
  789  indirect care subcomponents of the patient care component of the
  790  per diem rate. These two subcomponents together shall equal the
  791  patient care component of the per diem rate. Separate prices
  792  shall be calculated for each patient care subcomponent,
  793  initially based on the September 2016 rate setting cost reports
  794  and subsequently based on the most recently audited cost report
  795  used during a rebasing year. The direct care subcomponent of the
  796  per diem rate for any providers still being reimbursed on a cost
  797  basis shall be limited by the cost-based class ceiling, and the
  798  indirect care subcomponent may be limited by the lower of the
  799  cost-based class ceiling, the target rate class ceiling, or the
  800  individual provider target. The ceilings and targets apply only
  801  to providers being reimbursed on a cost-based system. Effective
  802  October 1, 2018, a prospective payment methodology shall be
  803  implemented for rate setting purposes with the following
  804  parameters:
  805         a. Peer Groups, including:
  806         (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee
  807  Counties; and
  808         (II) South-SMMC Regions 10-11, plus Palm Beach and
  809  Okeechobee Counties.
  810         b. Percentage of Median Costs based on the cost reports
  811  used for September 2016 rate setting:
  812         (I) Direct Care Costs........................100 percent.
  813         (II) Indirect Care Costs......................92 percent.
  814         (III) Operating Costs.........................86 percent.
  815         c. Floors:
  816         (I) Direct Care Component.....................95 percent.
  817         (II) Indirect Care Component................92.5 percent.
  818         (III) Operating Component...........................None.
  819         d. Pass-through PaymentsReal Estate and Personal Property
  820  Taxes and Property Insurance.
  821         e. Quality Incentive Program Payment Pool6.5 6 percent of
  822  September
  823  2016 non-property related payments of included facilities.
  824         f. Quality Score Threshold to Quality for Quality Incentive
  825  Payment..................20th percentile of included facilities.
  826         g. Fair Rental Value System Payment Parameters:
  827         (I) Building Value per Square Foot based on 2018 RS Means.
  828         (II) Land Valuation...10 percent of Gross Building value.
  829         (III) Facility Square Footage......Actual Square Footage.
  830         (IV) Moveable Equipment Allowance.........$8,000 per bed.
  831         (V) Obsolescence Factor......................1.5 percent.
  832         (VI) Fair Rental Rate of Return................8 percent.
  833         (VII) Minimum Occupancy.......................90 percent.
  834         (VIII) Maximum Facility Age.....................40 years.
  835         (IX) Minimum Square Footage per Bed..................350.
  836         (X) Maximum Square Footage for Bed...................500.
  837         (XI) Minimum Cost of a renovation/replacements$500 per bed.
  838         h. Ventilator Supplemental payment of $200 per Medicaid day
  839  of 40,000 ventilator Medicaid days per fiscal year.
  840         2. The direct care subcomponent shall include salaries and
  841  benefits of direct care staff providing nursing services
  842  including registered nurses, licensed practical nurses, and
  843  certified nursing assistants who deliver care directly to
  844  residents in the nursing home facility, allowable therapy costs,
  845  and dietary costs. This excludes nursing administration, staff
  846  development, the staffing coordinator, and the administrative
  847  portion of the minimum data set and care plan coordinators. The
  848  direct care subcomponent also includes medically necessary
  849  dental care, vision care, hearing care, and podiatric care.
  850         3. All other patient care costs shall be included in the
  851  indirect care cost subcomponent of the patient care per diem
  852  rate, including complex medical equipment, medical supplies, and
  853  other allowable ancillary costs. Costs may not be allocated
  854  directly or indirectly to the direct care subcomponent from a
  855  home office or management company.
  856         4. On July 1 of each year, the agency shall report to the
  857  Legislature direct and indirect care costs, including average
  858  direct and indirect care costs per resident per facility and
  859  direct care and indirect care salaries and benefits per category
  860  of staff member per facility.
  861         5. Every fourth year, the agency shall rebase nursing home
  862  prospective payment rates to reflect changes in cost based on
  863  the most recently audited cost report for each participating
  864  provider.
  865         6. A direct care supplemental payment may be made to
  866  providers whose direct care hours per patient day are above the
  867  80th percentile and who provide Medicaid services to a larger
  868  percentage of Medicaid patients than the state average.
  869         7. For the period beginning on October 1, 2018, and ending
  870  on September 30, 2021, the agency shall reimburse providers the
  871  greater of their September 2016 cost-based rate or their
  872  prospective payment rate. Effective October 1, 2021, the agency
  873  shall reimburse providers the greater of 95 percent of their
  874  cost-based rate or their rebased prospective payment rate, using
  875  the most recently audited cost report for each facility. This
  876  subparagraph shall expire September 30, 2023.
  877         8. Pediatric, Florida Department of Veterans Affairs, and
  878  government-owned facilities are exempt from the pricing model
  879  established in this subsection and shall remain on a cost-based
  880  prospective payment system. Effective October 1, 2018, the
  881  agency shall set rates for all facilities remaining on a cost
  882  based prospective payment system using each facility’s most
  883  recently audited cost report, eliminating retroactive
  884  settlements.
  885  
  886  It is the intent of the Legislature that the reimbursement plan
  887  achieve the goal of providing access to health care for nursing
  888  home residents who require large amounts of care while
  889  encouraging diversion services as an alternative to nursing home
  890  care for residents who can be served within the community. The
  891  agency shall base the establishment of any maximum rate of
  892  payment, whether overall or component, on the available moneys
  893  as provided for in the General Appropriations Act. The agency
  894  may base the maximum rate of payment on the results of
  895  scientifically valid analysis and conclusions derived from
  896  objective statistical data pertinent to the particular maximum
  897  rate of payment.
  898         Section 17. The amendment made by this act to s.
  899  409.908(2), Florida Statutes, by this act expires July 1, 2020,
  900  and the text of that subsection shall revert to that in
  901  existence on July 1, 2019, except that any amendments to such
  902  text enacted other than by this act shall be preserved and
  903  continue to operate to the extent that such amendments are not
  904  dependent upon the portions of text which expire pursuant to
  905  this section.
  906         Section 18. In order to implement Specific Appropriations
  907  221 and 222 of the 2019-2020 General Appropriations Act, and
  908  notwithstanding the expiration date in section 19 of chapter
  909  2018-10, Laws of Florida, subsection (23) of section 409.908,
  910  Florida Statutes, is reenacted to read:
  911         409.908 Reimbursement of Medicaid providers.—Subject to
  912  specific appropriations, the agency shall reimburse Medicaid
  913  providers, in accordance with state and federal law, according
  914  to methodologies set forth in the rules of the agency and in
  915  policy manuals and handbooks incorporated by reference therein.
  916  These methodologies may include fee schedules, reimbursement
  917  methods based on cost reporting, negotiated fees, competitive
  918  bidding pursuant to s. 287.057, and other mechanisms the agency
  919  considers efficient and effective for purchasing services or
  920  goods on behalf of recipients. If a provider is reimbursed based
  921  on cost reporting and submits a cost report late and that cost
  922  report would have been used to set a lower reimbursement rate
  923  for a rate semester, then the provider’s rate for that semester
  924  shall be retroactively calculated using the new cost report, and
  925  full payment at the recalculated rate shall be effected
  926  retroactively. Medicare-granted extensions for filing cost
  927  reports, if applicable, shall also apply to Medicaid cost
  928  reports. Payment for Medicaid compensable services made on
  929  behalf of Medicaid eligible persons is subject to the
  930  availability of moneys and any limitations or directions
  931  provided for in the General Appropriations Act or chapter 216.
  932  Further, nothing in this section shall be construed to prevent
  933  or limit the agency from adjusting fees, reimbursement rates,
  934  lengths of stay, number of visits, or number of services, or
  935  making any other adjustments necessary to comply with the
  936  availability of moneys and any limitations or directions
  937  provided for in the General Appropriations Act, provided the
  938  adjustment is consistent with legislative intent.
  939         (23)(a) The agency shall establish rates at a level that
  940  ensures no increase in statewide expenditures resulting from a
  941  change in unit costs for county health departments effective
  942  July 1, 2011. Reimbursement rates shall be as provided in the
  943  General Appropriations Act.
  944         (b)1. Base rate reimbursement for inpatient services under
  945  a diagnosis-related group payment methodology shall be provided
  946  in the General Appropriations Act.
  947         2. Base rate reimbursement for outpatient services under an
  948  enhanced ambulatory payment group methodology shall be provided
  949  in the General Appropriations Act.
  950         3. Prospective payment system reimbursement for nursing
  951  home services shall be as provided in subsection (2) and in the
  952  General Appropriations Act.
  953         Section 19. The text of s. 409.908(23), Florida Statutes,
  954  as carried forward from chapter 2018-10, Laws of Florida, by
  955  this act, expires July 1, 2020, and the text of that subsection
  956  shall revert to that in existence on October 1, 2018, not
  957  including any amendments made by chapter 2018-10, Laws of
  958  Florida, except that any amendments to such text enacted other
  959  than by this act and chapter 2018-10, Laws of Florida, shall be
  960  preserved and continue to operate to the extent that such
  961  amendments are not dependent upon the portions of text which
  962  expire pursuant to this section.
  963         Section 20. In order to implement Specific Appropriation
  964  205 of the 2019-2020 General Appropriations Act, subsection (26)
  965  of section 409.908, Florida Statutes, is amended to read:
  966         409.908 Reimbursement of Medicaid providers.—Subject to
  967  specific appropriations, the agency shall reimburse Medicaid
  968  providers, in accordance with state and federal law, according
  969  to methodologies set forth in the rules of the agency and in
  970  policy manuals and handbooks incorporated by reference therein.
  971  These methodologies may include fee schedules, reimbursement
  972  methods based on cost reporting, negotiated fees, competitive
  973  bidding pursuant to s. 287.057, and other mechanisms the agency
  974  considers efficient and effective for purchasing services or
  975  goods on behalf of recipients. If a provider is reimbursed based
  976  on cost reporting and submits a cost report late and that cost
  977  report would have been used to set a lower reimbursement rate
  978  for a rate semester, then the provider’s rate for that semester
  979  shall be retroactively calculated using the new cost report, and
  980  full payment at the recalculated rate shall be effected
  981  retroactively. Medicare-granted extensions for filing cost
  982  reports, if applicable, shall also apply to Medicaid cost
  983  reports. Payment for Medicaid compensable services made on
  984  behalf of Medicaid eligible persons is subject to the
  985  availability of moneys and any limitations or directions
  986  provided for in the General Appropriations Act or chapter 216.
  987  Further, nothing in this section shall be construed to prevent
  988  or limit the agency from adjusting fees, reimbursement rates,
  989  lengths of stay, number of visits, or number of services, or
  990  making any other adjustments necessary to comply with the
  991  availability of moneys and any limitations or directions
  992  provided for in the General Appropriations Act, provided the
  993  adjustment is consistent with legislative intent.
  994         (26) The agency may receive funds from state entities,
  995  including, but not limited to, the Department of Health, local
  996  governments, and other local political subdivisions, for the
  997  purpose of making special exception payments and Low Income Pool
  998  Program payments, including federal matching funds. Funds
  999  received for this purpose shall be separately accounted for and
 1000  may not be commingled with other state or local funds in any
 1001  manner. The agency may certify all local governmental funds used
 1002  as state match under Title XIX of the Social Security Act to the
 1003  extent and in the manner authorized under the General
 1004  Appropriations Act and pursuant to an agreement between the
 1005  agency and the local governmental entity. In order for the
 1006  agency to certify such local governmental funds, a local
 1007  governmental entity must submit a final, executed letter of
 1008  agreement to the agency, which must be received by October 1 of
 1009  each fiscal year and provide the total amount of local
 1010  governmental funds authorized by the entity for that fiscal year
 1011  under the General Appropriations Act. The local governmental
 1012  entity shall use a certification form prescribed by the agency.
 1013  At a minimum, the certification form must identify the amount
 1014  being certified and describe the relationship between the
 1015  certifying local governmental entity and the local health care
 1016  provider. Local governmental funds outlined in the letters of
 1017  agreement must be received by the agency no later than October
 1018  31 of each fiscal year in which such funds are pledged, unless
 1019  an alternative plan is specifically approved by the agency.
 1020         Section 21. The amendment to s. 409.908(26), Florida
 1021  Statutes, by this act expires July 1, 2020, and the text of that
 1022  subsection shall revert to that in existence on June 30, 2019,
 1023  except that any amendments to such text enacted other than by
 1024  this act shall be preserved and continue to operate to the
 1025  extent that such amendments are not dependent upon the portions
 1026  of text which expire pursuant to this section.
 1027         Section 22. In order to implement Specific Appropriation
 1028  192 of the 2019-2020 General Appropriations Act, subsection (6)
 1029  of section 409.912, Florida Statutes, is amended to read:
 1030         409.912 Cost-effective purchasing of health care.—The
 1031  agency shall purchase goods and services for Medicaid recipients
 1032  in the most cost-effective manner consistent with the delivery
 1033  of quality medical care. To ensure that medical services are
 1034  effectively utilized, the agency may, in any case, require a
 1035  confirmation or second physician’s opinion of the correct
 1036  diagnosis for purposes of authorizing future services under the
 1037  Medicaid program. This section does not restrict access to
 1038  emergency services or poststabilization care services as defined
 1039  in 42 C.F.R. s. 438.114. Such confirmation or second opinion
 1040  shall be rendered in a manner approved by the agency. The agency
 1041  shall maximize the use of prepaid per capita and prepaid
 1042  aggregate fixed-sum basis services when appropriate and other
 1043  alternative service delivery and reimbursement methodologies,
 1044  including competitive bidding pursuant to s. 287.057, designed
 1045  to facilitate the cost-effective purchase of a case-managed
 1046  continuum of care. The agency shall also require providers to
 1047  minimize the exposure of recipients to the need for acute
 1048  inpatient, custodial, and other institutional care and the
 1049  inappropriate or unnecessary use of high-cost services. The
 1050  agency shall contract with a vendor to monitor and evaluate the
 1051  clinical practice patterns of providers in order to identify
 1052  trends that are outside the normal practice patterns of a
 1053  provider’s professional peers or the national guidelines of a
 1054  provider’s professional association. The vendor must be able to
 1055  provide information and counseling to a provider whose practice
 1056  patterns are outside the norms, in consultation with the agency,
 1057  to improve patient care and reduce inappropriate utilization.
 1058  The agency may mandate prior authorization, drug therapy
 1059  management, or disease management participation for certain
 1060  populations of Medicaid beneficiaries, certain drug classes, or
 1061  particular drugs to prevent fraud, abuse, overuse, and possible
 1062  dangerous drug interactions. The Pharmaceutical and Therapeutics
 1063  Committee shall make recommendations to the agency on drugs for
 1064  which prior authorization is required. The agency shall inform
 1065  the Pharmaceutical and Therapeutics Committee of its decisions
 1066  regarding drugs subject to prior authorization. The agency is
 1067  authorized to limit the entities it contracts with or enrolls as
 1068  Medicaid providers by developing a provider network through
 1069  provider credentialing. The agency may competitively bid single
 1070  source-provider contracts if procurement of goods or services
 1071  results in demonstrated cost savings to the state without
 1072  limiting access to care. The agency may limit its network based
 1073  on the assessment of beneficiary access to care, provider
 1074  availability, provider quality standards, time and distance
 1075  standards for access to care, the cultural competence of the
 1076  provider network, demographic characteristics of Medicaid
 1077  beneficiaries, practice and provider-to-beneficiary standards,
 1078  appointment wait times, beneficiary use of services, provider
 1079  turnover, provider profiling, provider licensure history,
 1080  previous program integrity investigations and findings, peer
 1081  review, provider Medicaid policy and billing compliance records,
 1082  clinical and medical record audits, and other factors. Providers
 1083  are not entitled to enrollment in the Medicaid provider network.
 1084  The agency shall determine instances in which allowing Medicaid
 1085  beneficiaries to purchase durable medical equipment and other
 1086  goods is less expensive to the Medicaid program than long-term
 1087  rental of the equipment or goods. The agency may establish rules
 1088  to facilitate purchases in lieu of long-term rentals in order to
 1089  protect against fraud and abuse in the Medicaid program as
 1090  defined in s. 409.913. The agency may seek federal waivers
 1091  necessary to administer these policies.
 1092         (6) Notwithstanding the provisions of chapter 287, the
 1093  agency may, at its discretion, renew a contract or contracts for
 1094  fiscal intermediary services one or more times for such periods
 1095  as the agency may decide; however, all such renewals may not
 1096  combine to exceed a total period longer than the term of the
 1097  original contract, with the exception of the fiscal agent
 1098  contract scheduled to end in calendar year 2020, which may be
 1099  extended by the agency through December 31, 2024.
 1100         Section 23. The amendment to s. 409.912(6), Florida
 1101  Statutes, by this act expires July 1, 2020, and the text of that
 1102  subsection shall revert to that in existence on June 30, 2019,
 1103  except that any amendments to such text enacted other than by
 1104  this act shall be preserved and continue to operate to the
 1105  extent that such amendments are not dependent upon the portions
 1106  of text which expire pursuant to this section.
 1107         Section 24. In order to implement Specific Appropriations
 1108  203, 207, 208, 210, 212, and 221 of the 2019-2020 General
 1109  Appropriations Act, subsection (12) is added to section 409.904,
 1110  Florida Statutes, to read:
 1111         409.904 Optional payments for eligible persons.—The agency
 1112  may make payments for medical assistance and related services on
 1113  behalf of the following persons who are determined to be
 1114  eligible subject to the income, assets, and categorical
 1115  eligibility tests set forth in federal and state law. Payment on
 1116  behalf of these Medicaid eligible persons is subject to the
 1117  availability of moneys and any limitations established by the
 1118  General Appropriations Act or chapter 216.
 1119         (12) Effective July 1, 2019, the agency shall make payments
 1120  to Medicaid-covered services:
 1121         (a) For eligible children and pregnant women, retroactive
 1122  for a period of no more than 90 days before the month in which
 1123  an application for Medicaid is submitted.
 1124         (b) For eligible nonpregnant adults, retroactive to the
 1125  first day of the month in which an application for Medicaid is
 1126  submitted.
 1127  
 1128  This subsection expires July 1, 2020.
 1129         Section 25. In order to implement Specific Appropriations
 1130  203, 207, 208, 210, 212, and 221 of the 2019-2020 General
 1131  Appropriations Act:
 1132         (1)By January 10, 2020, the Agency for Health Care
 1133  Administration, in consultation with the Department of Children
 1134  and Families, the Florida Hospital Association, the Safety Net
 1135  Hospital Alliance of Florida, the Florida Health Care
 1136  Association, and LeadingAge Florida, shall submit a report to
 1137  the Governor, the President of the Senate, and the Speaker of
 1138  the House of Representatives regarding the impact of the waiver
 1139  of Medicaid retroactive eligibility on beneficiaries and
 1140  providers. The report must include, but is not limited to:
 1141         (a)The total unduplicated number of nonpregnant adults who
 1142  applied for Medicaid at a hospital site from February 1, 2019,
 1143  through December 6, 2019; and, of those applicants, the number
 1144  whose Medicaid applications were approved, the number whose
 1145  Medicaid applications were denied, and the reasons for denial
 1146  ranked by frequency.
 1147         (b)The total unduplicated number of nonpregnant adults who
 1148  applied for Medicaid at a nursing home site from February 1,
 1149  2019, through December 6, 2019; and, of those applicants, the
 1150  number whose Medicaid applications were approved, the number
 1151  whose Medicaid applications were denied, and the reasons for
 1152  denial ranked by frequency.
 1153         (c)The estimated impact of medical debt on people for whom
 1154  a Medicaid application was not submitted in the same month when
 1155  the individual became an inpatient of a hospital or a resident
 1156  of a nursing home.
 1157         (d)Recommendations to improve outreach and Medicaid
 1158  coverage for nonpregnant adults who would be eligible for
 1159  Medicaid if they applied before an event that requires hospital
 1160  or nursing home care.
 1161         (2)The Agency for Health Care Administration shall also
 1162  include, as part of the report required by this section, a copy
 1163  of the evaluation design and performance metrics submitted to
 1164  the federal Centers for Medicare and Medicaid Services relating
 1165  to the waiver of Medicaid retroactive eligibility, in conformity
 1166  with the Special Terms and Conditions of this state’s Section
 1167  1115 demonstration project, titled Managed Medical Assistance
 1168  (MMA) Program (Project No. 11-W-00206/4).
 1169  
 1170  This section expires July 1, 2020.
 1171         Section 26. In order to implement Specific Appropriation
 1172  245 of the 2019-2020 General Appropriations Act, subsection (10)
 1173  of section 393.0661, Florida Statutes, is amended to read:
 1174         393.0661 Home and community-based services delivery system;
 1175  comprehensive redesign.—The Legislature finds that the home and
 1176  community-based services delivery system for persons with
 1177  developmental disabilities and the availability of appropriated
 1178  funds are two of the critical elements in making services
 1179  available. Therefore, it is the intent of the Legislature that
 1180  the Agency for Persons with Disabilities shall develop and
 1181  implement a comprehensive redesign of the system.
 1182         (10) Implementation of Medicaid waiver programs and
 1183  services authorized under this chapter is limited by the funds
 1184  appropriated for the individual budgets pursuant to s. 393.0662
 1185  and the four-tiered waiver system pursuant to subsection (3).
 1186  Contracts with independent support coordinators and service
 1187  providers must include provisions requiring compliance with
 1188  agency cost containment initiatives. The agency shall implement
 1189  monitoring and accounting procedures necessary to track actual
 1190  expenditures and project future spending compared to available
 1191  appropriations for Medicaid waiver programs. When necessary
 1192  based on projected deficits, the agency must establish specific
 1193  corrective action plans that incorporate corrective actions of
 1194  contracted providers that are sufficient to align program
 1195  expenditures with annual appropriations. If deficits continue
 1196  during the 2018-2019 2012-2013 fiscal year, the agency in
 1197  conjunction with the Agency for Health Care Administration shall
 1198  develop a plan to redesign the waiver program and submit the
 1199  plan to the President of the Senate and the Speaker of the House
 1200  of Representatives by September 30, 2019 2013. At a minimum, the
 1201  plan must include the following elements:
 1202         (a) Budget predictability.—Agency budget recommendations
 1203  must include specific steps to restrict spending to budgeted
 1204  amounts based on alternatives to the iBudget and four-tiered
 1205  Medicaid waiver models.
 1206         (b) Services.—The agency shall identify core services that
 1207  are essential to provide for client health and safety and
 1208  recommend elimination of coverage for other services that are
 1209  not affordable based on available resources.
 1210         (c) Flexibility.—The redesign shall be responsive to
 1211  individual needs and to the extent possible encourage client
 1212  control over allocated resources for their needs.
 1213         (d) Support coordination services.—The plan shall modify
 1214  the manner of providing support coordination services to improve
 1215  management of service utilization and increase accountability
 1216  and responsiveness to agency priorities.
 1217         (e) Reporting.—The agency shall provide monthly reports to
 1218  the President of the Senate and the Speaker of the House of
 1219  Representatives on plan progress and development on July 31,
 1220  2019 2013, and August 31, 2019 2013.
 1221         (f) Implementation.—The implementation of a redesigned
 1222  program is subject to legislative approval and shall occur no
 1223  later than July 1, 2014. The Agency for Health Care
 1224  Administration shall seek federal waivers as needed to implement
 1225  the redesigned plan once approved by the Legislature.
 1226         Section 27. The amendment made to s. 393.0661(10), Florida
 1227  Statutes, by this act expires July 1, 2020, and the text of that
 1228  subsection shall revert to that in existence on June 30, 2019,
 1229  except that any amendments to such text enacted other than by
 1230  this act shall be preserved and continue to operate to the
 1231  extent that such amendments are not dependent upon the portions
 1232  of text which expire pursuant to this section.
 1233         Section 28. In order to implement Specific Appropriations
 1234  221 and 222 of the 2019-2020 General Appropriations Act,
 1235  paragraph (d) of subsection (2) of section 400.179, Florida
 1236  Statutes, is amended to read:
 1237         400.179 Liability for Medicaid underpayments and
 1238  overpayments.—
 1239         (2) Because any transfer of a nursing facility may expose
 1240  the fact that Medicaid may have underpaid or overpaid the
 1241  transferor, and because in most instances, any such underpayment
 1242  or overpayment can only be determined following a formal field
 1243  audit, the liabilities for any such underpayments or
 1244  overpayments shall be as follows:
 1245         (d) Where the transfer involves a facility that has been
 1246  leased by the transferor:
 1247         1. The transferee shall, as a condition to being issued a
 1248  license by the agency, acquire, maintain, and provide proof to
 1249  the agency of a bond with a term of 30 months, renewable
 1250  annually, in an amount not less than the total of 3 months’
 1251  Medicaid payments to the facility computed on the basis of the
 1252  preceding 12-month average Medicaid payments to the facility.
 1253         2. A leasehold licensee may meet the requirements of
 1254  subparagraph 1. by payment of a nonrefundable fee, paid at
 1255  initial licensure, paid at the time of any subsequent change of
 1256  ownership, and paid annually thereafter, in the amount of 1
 1257  percent of the total of 3 months’ Medicaid payments to the
 1258  facility computed on the basis of the preceding 12-month average
 1259  Medicaid payments to the facility. If a preceding 12-month
 1260  average is not available, projected Medicaid payments may be
 1261  used. The fee shall be deposited into the Grants and Donations
 1262  Trust Fund and shall be accounted for separately as a Medicaid
 1263  nursing home overpayment account. These fees shall be used at
 1264  the sole discretion of the agency to repay nursing home Medicaid
 1265  overpayments or for enhanced payments to nursing facilities as
 1266  specified in the General Appropriations Act or other law.
 1267  Payment of this fee shall not release the licensee from any
 1268  liability for any Medicaid overpayments, nor shall payment bar
 1269  the agency from seeking to recoup overpayments from the licensee
 1270  and any other liable party. As a condition of exercising this
 1271  lease bond alternative, licensees paying this fee must maintain
 1272  an existing lease bond through the end of the 30-month term
 1273  period of that bond. The agency is herein granted specific
 1274  authority to promulgate all rules pertaining to the
 1275  administration and management of this account, including
 1276  withdrawals from the account, subject to federal review and
 1277  approval. This provision shall take effect upon becoming law and
 1278  shall apply to any leasehold license application. The financial
 1279  viability of the Medicaid nursing home overpayment account shall
 1280  be determined by the agency through annual review of the account
 1281  balance and the amount of total outstanding, unpaid Medicaid
 1282  overpayments owing from leasehold licensees to the agency as
 1283  determined by final agency audits. By March 31 of each year, the
 1284  agency shall assess the cumulative fees collected under this
 1285  subparagraph, minus any amounts used to repay nursing home
 1286  Medicaid overpayments and amounts transferred to contribute to
 1287  the General Revenue Fund pursuant to s. 215.20. If the net
 1288  cumulative collections, minus amounts utilized to repay nursing
 1289  home Medicaid overpayments, exceed $10 $25 million, the
 1290  provisions of this subparagraph shall not apply for the
 1291  subsequent fiscal year.
 1292         3. The leasehold licensee may meet the bond requirement
 1293  through other arrangements acceptable to the agency. The agency
 1294  is herein granted specific authority to promulgate rules
 1295  pertaining to lease bond arrangements.
 1296         4. All existing nursing facility licensees, operating the
 1297  facility as a leasehold, shall acquire, maintain, and provide
 1298  proof to the agency of the 30-month bond required in
 1299  subparagraph 1., above, on and after July 1, 1993, for each
 1300  license renewal.
 1301         5. It shall be the responsibility of all nursing facility
 1302  operators, operating the facility as a leasehold, to renew the
 1303  30-month bond and to provide proof of such renewal to the agency
 1304  annually.
 1305         6. Any failure of the nursing facility operator to acquire,
 1306  maintain, renew annually, or provide proof to the agency shall
 1307  be grounds for the agency to deny, revoke, and suspend the
 1308  facility license to operate such facility and to take any
 1309  further action, including, but not limited to, enjoining the
 1310  facility, asserting a moratorium pursuant to part II of chapter
 1311  408, or applying for a receiver, deemed necessary to ensure
 1312  compliance with this section and to safeguard and protect the
 1313  health, safety, and welfare of the facility’s residents. A lease
 1314  agreement required as a condition of bond financing or
 1315  refinancing under s. 154.213 by a health facilities authority or
 1316  required under s. 159.30 by a county or municipality is not a
 1317  leasehold for purposes of this paragraph and is not subject to
 1318  the bond requirement of this paragraph.
 1319         Section 29. The amendment to s. 400.179(2)(d), Florida
 1320  Statutes, made by this act expires July 1, 2020, and the text of
 1321  that paragraph shall revert to that in existence on June 30,
 1322  2019, except that any amendments to such text enacted other than
 1323  by this act shall be preserved and continue to operate to the
 1324  extent that such amendments are not dependent upon the portions
 1325  of text which expire pursuant to this section.
 1326         Section 30. In order to implement Specific Appropriations
 1327  178 through 181 of the 2019-2020 General Appropriations Act,
 1328  paragraph (b) of subsection (5) of section 624.91, Florida
 1329  Statutes, is amended to read:
 1330         624.91 The Florida Healthy Kids Corporation Act.—
 1331         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
 1332         (b) The Florida Healthy Kids Corporation shall:
 1333         1. Arrange for the collection of any family, local
 1334  contributions, or employer payment or premium, in an amount to
 1335  be determined by the board of directors, to provide for payment
 1336  of premiums for comprehensive insurance coverage and for the
 1337  actual or estimated administrative expenses.
 1338         2. Arrange for the collection of any voluntary
 1339  contributions to provide for payment of Florida Kidcare program
 1340  premiums for children who are not eligible for medical
 1341  assistance under Title XIX or Title XXI of the Social Security
 1342  Act.
 1343         3. Subject to the provisions of s. 409.8134, accept
 1344  voluntary supplemental local match contributions that comply
 1345  with the requirements of Title XXI of the Social Security Act
 1346  for the purpose of providing additional Florida Kidcare coverage
 1347  in contributing counties under Title XXI.
 1348         4. Establish the administrative and accounting procedures
 1349  for the operation of the corporation.
 1350         5. Establish, with consultation from appropriate
 1351  professional organizations, standards for preventive health
 1352  services and providers and comprehensive insurance benefits
 1353  appropriate to children, provided that such standards for rural
 1354  areas shall not limit primary care providers to board-certified
 1355  pediatricians.
 1356         6. Determine eligibility for children seeking to
 1357  participate in the Title XXI-funded components of the Florida
 1358  Kidcare program consistent with the requirements specified in s.
 1359  409.814, as well as the non-Title-XXI-eligible children as
 1360  provided in subsection (3).
 1361         7. Establish procedures under which providers of local
 1362  match to, applicants to and participants in the program may have
 1363  grievances reviewed by an impartial body and reported to the
 1364  board of directors of the corporation.
 1365         8. Establish participation criteria and, if appropriate,
 1366  contract with an authorized insurer, health maintenance
 1367  organization, or third-party administrator to provide
 1368  administrative services to the corporation.
 1369         9. Establish enrollment criteria that include penalties or
 1370  waiting periods of 30 days for reinstatement of coverage upon
 1371  voluntary cancellation for nonpayment of family premiums.
 1372         10. Contract with authorized insurers or any provider of
 1373  health care services, meeting standards established by the
 1374  corporation, for the provision of comprehensive insurance
 1375  coverage to participants. Such standards shall include criteria
 1376  under which the corporation may contract with more than one
 1377  provider of health care services in program sites. Health plans
 1378  shall be selected through a competitive bid process. The Florida
 1379  Healthy Kids Corporation shall purchase goods and services in
 1380  the most cost-effective manner consistent with the delivery of
 1381  quality medical care. The maximum administrative cost for a
 1382  Florida Healthy Kids Corporation contract shall be 15 percent.
 1383  For health care contracts, the minimum medical loss ratio for a
 1384  Florida Healthy Kids Corporation contract shall be 85 percent.
 1385  For dental contracts, the remaining compensation to be paid to
 1386  the authorized insurer or provider under a Florida Healthy Kids
 1387  Corporation contract shall be no less than an amount which is 85
 1388  percent of premium; to the extent any contract provision does
 1389  not provide for this minimum compensation, this section shall
 1390  prevail. For an insurer or any provider of health care services
 1391  which achieves an annual medical loss ratio below 85 percent,
 1392  the Florida Healthy Kids Corporation shall validate the medical
 1393  loss ratio and calculate an amount to be refunded by the insurer
 1394  or any provider of health care services to the state which shall
 1395  be deposited into the General Revenue Fund unallocated. The
 1396  health plan selection criteria and scoring system, and the
 1397  scoring results, shall be available upon request for inspection
 1398  after the bids have been awarded.
 1399         11. Establish disenrollment criteria in the event local
 1400  matching funds are insufficient to cover enrollments.
 1401         12. Develop and implement a plan to publicize the Florida
 1402  Kidcare program, the eligibility requirements of the program,
 1403  and the procedures for enrollment in the program and to maintain
 1404  public awareness of the corporation and the program.
 1405         13. Secure staff necessary to properly administer the
 1406  corporation. Staff costs shall be funded from state and local
 1407  matching funds and such other private or public funds as become
 1408  available. The board of directors shall determine the number of
 1409  staff members necessary to administer the corporation.
 1410         14. In consultation with the partner agencies, provide a
 1411  report on the Florida Kidcare program annually to the Governor,
 1412  the Chief Financial Officer, the Commissioner of Education, the
 1413  President of the Senate, the Speaker of the House of
 1414  Representatives, and the Minority Leaders of the Senate and the
 1415  House of Representatives.
 1416         15. Provide information on a quarterly basis to the
 1417  Legislature and the Governor which compares the costs and
 1418  utilization of the full-pay enrolled population and the Title
 1419  XXI-subsidized enrolled population in the Florida Kidcare
 1420  program. The information, at a minimum, must include:
 1421         a. The monthly enrollment and expenditure for full-pay
 1422  enrollees in the Medikids and Florida Healthy Kids programs
 1423  compared to the Title XXI-subsidized enrolled population; and
 1424         b. The costs and utilization by service of the full-pay
 1425  enrollees in the Medikids and Florida Healthy Kids programs and
 1426  the Title XXI-subsidized enrolled population.
 1427         16. Establish benefit packages that conform to the
 1428  provisions of the Florida Kidcare program, as created in ss.
 1429  409.810-409.821.
 1430         Section 31. The amendment made to s. 624.91(5)(b), Florida
 1431  Statutes, by this act expires July 1, 2020, and the text of that
 1432  paragraph shall revert to that in existence on June 30, 2019,
 1433  except that any amendments to such text enacted other than by
 1434  this act shall be preserved and continue to operate to the
 1435  extent that such amendments are not dependent upon the portions
 1436  of text which expire pursuant to this section.
 1437         Section 32. In order to implement Specific Appropriations
 1438  533, 534, 539, and 542 of the 2019-2020 General Appropriations
 1439  Act, subsection (17) of section 893.055, Florida Statutes, is
 1440  amended to read:
 1441         893.055 Prescription drug monitoring program.—
 1442         (17) For the 2019-2020 2018-2019 fiscal year only, neither
 1443  the Attorney General nor the department may use funds received
 1444  as part of a settlement agreement to administer the prescription
 1445  drug monitoring program. This subsection expires July 1, 2020
 1446  2019.
 1447         Section 33. In order to implement Specific Appropriation
 1448  204 of the 2019-2020 General Appropriations Act, subsections (2)
 1449  and (10) of section 409.911, Florida Statutes, are amended to
 1450  read:
 1451         409.911 Disproportionate share program.—Subject to specific
 1452  allocations established within the General Appropriations Act
 1453  and any limitations established pursuant to chapter 216, the
 1454  agency shall distribute, pursuant to this section, moneys to
 1455  hospitals providing a disproportionate share of Medicaid or
 1456  charity care services by making quarterly Medicaid payments as
 1457  required. Notwithstanding the provisions of s. 409.915, counties
 1458  are exempt from contributing toward the cost of this special
 1459  reimbursement for hospitals serving a disproportionate share of
 1460  low-income patients.
 1461         (2) The Agency for Health Care Administration shall use the
 1462  following actual audited data to determine the Medicaid days and
 1463  charity care to be used in calculating the disproportionate
 1464  share payment:
 1465         (a) The average of the 2011, 2012, and 2013 2010, 2011, and
 1466  2012 audited disproportionate share data to determine each
 1467  hospital’s Medicaid days and charity care for the 2019-2020
 1468  2018-2019 state fiscal year.
 1469         (b) If the Agency for Health Care Administration does not
 1470  have the prescribed 3 years of audited disproportionate share
 1471  data as noted in paragraph (a) for a hospital, the agency shall
 1472  use the average of the years of the audited disproportionate
 1473  share data as noted in paragraph (a) which is available.
 1474         (c) In accordance with s. 1923(b) of the Social Security
 1475  Act, a hospital with a Medicaid inpatient utilization rate
 1476  greater than one standard deviation above the statewide mean or
 1477  a hospital with a low-income utilization rate of 25 percent or
 1478  greater shall qualify for reimbursement.
 1479         (10) Notwithstanding any provision of this section to the
 1480  contrary, for the 2019-2020 2018-2019 state fiscal year, the
 1481  agency shall distribute moneys to hospitals providing a
 1482  disproportionate share of Medicaid or charity care services as
 1483  provided in the 2019-2020 2018-2019 General Appropriations Act.
 1484  This subsection expires July 1, 2020 2019.
 1485         Section 34. In order to implement Specific Appropriation
 1486  204 of the 2019-2020 General Appropriations Act, subsection (3)
 1487  of section 409.9113, Florida Statutes, is amended to read:
 1488         409.9113 Disproportionate share program for teaching
 1489  hospitals.—In addition to the payments made under s. 409.911,
 1490  the agency shall make disproportionate share payments to
 1491  teaching hospitals, as defined in s. 408.07, for their increased
 1492  costs associated with medical education programs and for
 1493  tertiary health care services provided to the indigent. This
 1494  system of payments must conform to federal requirements and
 1495  distribute funds in each fiscal year for which an appropriation
 1496  is made by making quarterly Medicaid payments. Notwithstanding
 1497  s. 409.915, counties are exempt from contributing toward the
 1498  cost of this special reimbursement for hospitals serving a
 1499  disproportionate share of low-income patients. The agency shall
 1500  distribute the moneys provided in the General Appropriations Act
 1501  to statutorily defined teaching hospitals and family practice
 1502  teaching hospitals, as defined in s. 395.805, pursuant to this
 1503  section. The funds provided for statutorily defined teaching
 1504  hospitals shall be distributed as provided in the General
 1505  Appropriations Act. The funds provided for family practice
 1506  teaching hospitals shall be distributed equally among family
 1507  practice teaching hospitals.
 1508         (3) Notwithstanding any provision of this section to the
 1509  contrary, for the 2019-2020 2018-2019 state fiscal year, the
 1510  agency shall make disproportionate share payments to teaching
 1511  hospitals, as defined in s. 408.07, as provided in the 2019-2020
 1512  2018-2019 General Appropriations Act. This subsection expires
 1513  July 1, 2020 2019.
 1514         Section 35. In order to implement Specific Appropriation
 1515  204 of the 2019-2020 General Appropriations Act, subsection (4)
 1516  of section 409.9119, Florida Statutes, is amended to read:
 1517         409.9119 Disproportionate share program for specialty
 1518  hospitals for children.—In addition to the payments made under
 1519  s. 409.911, the Agency for Health Care Administration shall
 1520  develop and implement a system under which disproportionate
 1521  share payments are made to those hospitals that are separately
 1522  licensed by the state as specialty hospitals for children, have
 1523  a federal Centers for Medicare and Medicaid Services
 1524  certification number in the 3300-3399 range, have Medicaid days
 1525  that exceed 55 percent of their total days and Medicare days
 1526  that are less than 5 percent of their total days, and were
 1527  licensed on January 1, 2013, as specialty hospitals for
 1528  children. This system of payments must conform to federal
 1529  requirements and must distribute funds in each fiscal year for
 1530  which an appropriation is made by making quarterly Medicaid
 1531  payments. Notwithstanding s. 409.915, counties are exempt from
 1532  contributing toward the cost of this special reimbursement for
 1533  hospitals that serve a disproportionate share of low-income
 1534  patients. The agency may make disproportionate share payments to
 1535  specialty hospitals for children as provided for in the General
 1536  Appropriations Act.
 1537         (4) Notwithstanding any provision of this section to the
 1538  contrary, for the 2019-2020 2018-2019 state fiscal year, for
 1539  hospitals achieving full compliance under subsection (3), the
 1540  agency shall make disproportionate share payments to specialty
 1541  hospitals for children as provided in the 2019-2020 2018-2019
 1542  General Appropriations Act. This subsection expires July 1, 2020
 1543  2019.
 1544         Section 36. In order to implement Specific Appropriations
 1545  197 through 224 of the 2019-2020 General Appropriations Act, and
 1546  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1547  Agency for Health Care Administration may submit a budget
 1548  amendment, subject to the notice, review, and objection
 1549  procedures of s. 216.177, Florida Statutes, to realign funding
 1550  within the Medicaid program appropriation categories to address
 1551  projected surpluses and deficits within the program and to
 1552  maximize the use of state trust funds. A single budget amendment
 1553  shall be submitted in the last quarter of the 2019-2020 fiscal
 1554  year only. This section expires July 1, 2020.
 1555         Section 37. In order to implement Specific Appropriations
 1556  178 through 183 and 523 of the 2019-2020 General Appropriations
 1557  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1558  Statutes, the Agency for Health Care Administration and the
 1559  Department of Health may each submit a budget amendment, subject
 1560  to the notice, review, and objection procedures of s. 216.177,
 1561  Florida Statutes, to realign funding within the Florida Kidcare
 1562  program appropriation categories, or to increase budget
 1563  authority in the Children’s Medical Services Network category,
 1564  to address projected surpluses and deficits within the program
 1565  or to maximize the use of state trust funds. A single budget
 1566  amendment must be submitted by each agency in the last quarter
 1567  of the 2019-2020 fiscal year only. This section expires July 1,
 1568  2020.
 1569         Section 38. In order to implement Specific Appropriations
 1570  208, 225 through 236, and 368 of the 2019-2020 General
 1571  Appropriations Act and notwithstanding s. 400.9905, Florida
 1572  Statutes, the following entities are exempt from the licensure
 1573  requirements of part X of chapter 400, Florida Statutes:
 1574         (1) Entities that are under the common ownership or control
 1575  by a mutual insurance holding company, as defined in s. 628.703,
 1576  Florida Statutes, with an entity licensed or certified under
 1577  chapter 624, Florida Statutes, or chapter 641, Florida Statutes,
 1578  that has $1 billion or more in total annual sales in this state.
 1579         (2) Entities that are owned by an entity who is a
 1580  behavioral health service provider in at least 5 states other
 1581  than Florida and that, together with its affiliates, have $90
 1582  million or more in total annual revenues associated with the
 1583  provision of behavioral health care services and where one or
 1584  more of the persons responsible for the operations of the entity
 1585  is a health care practitioner who is licensed in this state and
 1586  who is responsible for supervising the business activities of
 1587  the entity and is responsible for the entity’s compliance with
 1588  state law for purposes of part X of chapter 400, Florida
 1589  Statutes.
 1590  
 1591  This section expires July 1, 2020.
 1592         Section 39. In order to implement Specific Appropriations
 1593  467, 468, and 474 of the 2019-2020 General Appropriations Act,
 1594  subsection (17) of section 381.986, Florida Statutes, is amended
 1595  to read:
 1596         381.986 Medical use of marijuana.—
 1597         (17) Rules adopted pursuant to this section before July 1,
 1598  2020 2019, are not subject to ss. 120.54(3)(b) and 120.541 s.
 1599  120.541(3). Notwithstanding paragraph (8)(e), a medical
 1600  marijuana treatment center may use a laboratory that has not
 1601  been certified by the department under s. 381.988 until such
 1602  time as at least one laboratory holds the required certification
 1603  pursuant to s. 381.988, but in no event later than July 1, 2020
 1604  2019. This subsection expires July 1, 2020 2019.
 1605         Section 40. In order to implement Specific Appropriations
 1606  467, 468, and 474 of the 2019-2020 General Appropriations Act,
 1607  subsection (11) of section 381.988, Florida Statutes, is amended
 1608  to read:
 1609         381.988 Medical marijuana testing laboratories; marijuana
 1610  tests conducted by a certified laboratory.—
 1611         (11) Rules adopted under subsection (9) before July 1, 2020
 1612  2019, are not subject to ss. 120.54(3)(b) and 120.541 s.
 1613  120.541(3). This subsection expires July 1, 2020 2019.
 1614         Section 41. In order to implement Specific Appropriations
 1615  467, 468, and 474 of the 2019-2020 General Appropriations Act,
 1616  subsection (1) of section 14 of chapter 2017-232, Laws of
 1617  Florida, is amended to read:
 1618         Section 14. Department of Health; authority to adopt rules;
 1619  cause of action.—
 1620         (1) EMERGENCY RULEMAKING.—
 1621         (a) The Department of Health and the applicable boards
 1622  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1623  Statutes, and this section necessary to implement ss. 381.986
 1624  and 381.988, Florida Statutes. If an emergency rule adopted
 1625  under this section is held to be unconstitutional or an invalid
 1626  exercise of delegated legislative authority, and becomes void,
 1627  the department or the applicable boards may adopt an emergency
 1628  rule pursuant to this section to replace the rule that has
 1629  become void. If the emergency rule adopted to replace the void
 1630  emergency rule is also held to be unconstitutional or an invalid
 1631  exercise of delegated legislative authority and becomes void,
 1632  the department and the applicable boards must follow the
 1633  nonemergency rulemaking procedures of the Administrative
 1634  Procedures Act to replace the rule that has become void.
 1635         (b) For emergency rules adopted under this section, the
 1636  department and the applicable boards need not make the findings
 1637  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1638  adopted under this section are exempt from ss. 120.54(3)(b) and
 1639  120.541, Florida Statutes. The department and the applicable
 1640  boards shall meet the procedural requirements in s. 120.54(4)(a)
 1641  s. 120.54(a), Florida Statutes, if the department or the
 1642  applicable boards have, before July 1, 2019 the effective date
 1643  of this act, held any public workshops or hearings on the
 1644  subject matter of the emergency rules adopted under this
 1645  subsection. Challenges to emergency rules adopted under this
 1646  subsection are subject to the time schedules provided in s.
 1647  120.56(5), Florida Statutes.
 1648         (c) Emergency rules adopted under this section are exempt
 1649  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1650  effect until replaced by rules adopted under the nonemergency
 1651  rulemaking procedures of the Administrative Procedures Act.
 1652  Rules adopted under the nonemergency rulemaking procedures of
 1653  the Administrative Procedures Act to replace emergency rules
 1654  adopted under this section are exempt from ss. 120.54(3)(b) and
 1655  120.541, Florida Statutes. By July 1, 2020 January 1, 2018, the
 1656  department and the applicable boards shall initiate nonemergency
 1657  rulemaking pursuant to the Administrative Procedures Act to
 1658  replace all emergency rules adopted under this section by
 1659  publishing a notice of rule development in the Florida
 1660  Administrative Register. Except as provided in paragraph (a),
 1661  after July 1, 2020 January 1, 2018, the department and
 1662  applicable boards may not adopt rules pursuant to the emergency
 1663  rulemaking procedures provided in this section.
 1664         Section 42. The amendment to s. 14(1) of chapter 2017-232,
 1665  Laws of Florida, by this act expires July 1, 2020, and the text
 1666  of that subsection shall revert to that in existence on June 30,
 1667  2019, except that any amendments to such text enacted other than
 1668  by this act shall be preserved and continue to operate to the
 1669  extent that such amendments are not dependent upon the portions
 1670  of text which expire pursuant to this section.
 1671         Section 43. In order to implement Specific Appropriations
 1672  474 and 525 of the 2019-2020 General Appropriations Act,
 1673  paragraph (a) of subsection (2) of section 383.14, Florida
 1674  Statutes, is amended to read:
 1675         383.14 Screening for metabolic disorders, other hereditary
 1676  and congenital disorders, and environmental risk factors.—
 1677         (2) RULES.—
 1678         (a) After consultation with the Genetics and Newborn
 1679  Screening Advisory Council, the department shall adopt and
 1680  enforce rules requiring that every newborn in this state shall:
 1681         1. Before becoming 1 week of age, be subjected to a test
 1682  for phenylketonuria;
 1683         2. Be tested for any condition included on the federal
 1684  Recommended Uniform Screening Panel which the council advises
 1685  the department should be included under the state’s screening
 1686  program. After the council recommends that a condition be
 1687  included, the department shall submit a legislative budget
 1688  request to seek an appropriation to add testing of the condition
 1689  to the newborn screening program. The department shall expand
 1690  statewide screening of newborns to include screening for such
 1691  conditions within 18 months after the council renders such
 1692  advice, if a test approved by the United States Food and Drug
 1693  Administration or a test offered by an alternative vendor is
 1694  available. If such a test is not available within 18 months
 1695  after the council makes its recommendation, the department shall
 1696  implement such screening as soon as a test offered by the United
 1697  States Food and Drug Administration or by an alternative vendor
 1698  is available; and
 1699         3. At the appropriate age, be tested for such other
 1700  metabolic diseases and hereditary or congenital disorders as the
 1701  department may deem necessary from time to time; and
 1702         4. Notwithstanding subparagraph 2., be screened for spinal
 1703  muscular atrophy following integration of such a test into the
 1704  newborn screening testing panel. The department shall implement
 1705  such screening using a test offered by the United States Food
 1706  and Drug Administration or by an alternative vendor as soon as
 1707  practicable after July 1, 2019, but no later than May 3, 2020.
 1708  This subparagraph expires July 1, 2020.
 1709         Section 44. In order to implement Specific Appropriations
 1710  326, 327A, 358, and 359 of the 2019-2020 General Appropriations
 1711  Act, and notwithstanding ss. 216.181 and 216.292, Florida
 1712  Statutes, the Department of Children and Families may submit a
 1713  budget amendment, subject to the notice, review, and objection
 1714  procedures of s. 216.177, Florida Statutes, to realign funding
 1715  within the department based on the implementation of the
 1716  Guardianship Assistance Program, between and among the specific
 1717  appropriations for guardianship assistance payments, foster care
 1718  Level 1 room and board payments, relative caregiver payments,
 1719  and nonrelative caregiver payments. This section expires July 1,
 1720  2020.
 1721         Section 45. In order to implement Specific Appropriations
 1722  326 and 327A of the 2019-2020 General Appropriations Act, the
 1723  Department of Children and Families shall establish a formula to
 1724  distribute the recurring sums of $10,597,824 from the General
 1725  Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
 1726  for actual and direct costs to implement the Guardianship
 1727  Assistance Program, including Level 1 foster care board
 1728  payments, licensing staff for community-based care lead
 1729  agencies, and guardianship assistance payments. This section
 1730  expires July 1, 2020.
 1731         Section 46. In order to implement Specific Appropriations
 1732  326 and 327A of the 2019-2020 General Appropriations Act,
 1733  paragraph (a) of subsection (1) of section 409.991, Florida
 1734  Statutes, is amended to read:
 1735         409.991 Allocation of funds for community-based care lead
 1736  agencies.—
 1737         (1) As used in this section, the term:
 1738         (a) “Core services funds” means all funds allocated to
 1739  community-based care lead agencies operating under contract with
 1740  the department pursuant to s. 409.987, with the following
 1741  exceptions:
 1742         1. Funds appropriated for independent living.;
 1743         2. Funds appropriated for maintenance adoption subsidies.;
 1744         3. Funds appropriated for actual and direct costs to
 1745  implement the Guardianship Assistance Program, including Level 1
 1746  foster care board payments, licensing staff for community-based
 1747  care lead agencies, and guardianship assistance payments. This
 1748  subparagraph expires July 1, 2020.
 1749         4. Funds allocated by the department for protective
 1750  investigations training.;
 1751         5.4. Nonrecurring funds.;
 1752         6.5. Designated mental health wrap-around services funds.;
 1753  and
 1754         7.6. Funds for special projects for a designated community
 1755  based care lead agency.
 1756         Section 47. In order to implement Specific Appropriations
 1757  551 through 558 and 560 of the 2019-2020 General Appropriations
 1758  Act, subsection (3) of section 296.37, Florida Statutes, is
 1759  amended to read:
 1760         296.37 Residents; contribution to support.—
 1761         (3) Notwithstanding subsection (1), each resident of the
 1762  home who receives a pension, compensation, or gratuity from the
 1763  United States Government, or income from any other source, of
 1764  more than $130 per month shall contribute to his or her
 1765  maintenance and support while a resident of the home in
 1766  accordance with a payment schedule determined by the
 1767  administrator and approved by the director. The total amount of
 1768  such contributions shall be to the fullest extent possible, but,
 1769  in no case, shall exceed the actual cost of operating and
 1770  maintaining the home. This subsection expires July 1, 2020 2019.
 1771         Section 48. In order to implement Specific Appropriations
 1772  470 and 507 of the 2019-2020 General Appropriations Act, and
 1773  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1774  Department of Health may submit a budget amendment, subject to
 1775  the notice, review, and objection procedures of s. 216.177,
 1776  Florida Statutes, to increase budget authority for the HIV/AIDS
 1777  Prevention and Treatment Program if additional federal revenues
 1778  specific to HIV/AIDS prevention and treatment become available
 1779  in the 2019-2020 fiscal year. This section expires July 1, 2020.
 1780         Section 49. In order to implement Specific Appropriations
 1781  349 and 350 of the 2019-2020 General Appropriations Act, and
 1782  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 1783  Department of Children and Families may submit a budget
 1784  amendment, subject to the notice, review, and objection
 1785  procedures of s. 216.177, Florida Statutes, to increase budget
 1786  authority for the Supplemental Nutrition Assistance Program if
 1787  additional federal revenue specific to the program becomes
 1788  available for the program in the 2019-2020 fiscal year. This
 1789  section expires July 1, 2020.
 1790         Section 50. In order to implement Specific Appropriations
 1791  307 through 310, 314, 315, 318, 323 through 326, and 327A of the
 1792  2019-2020 General Appropriations Act, and notwithstanding ss.
 1793  216.181 and 216.292, Florida Statutes, the Department of
 1794  Children and Families may submit a budget amendment, subject to
 1795  the notice, review, and objection procedures of s. 216.177,
 1796  Florida Statutes, to realign funding within the Family Safety
 1797  Program to maximize the use of Title IV-E and other federal
 1798  funds. This section expires July 1, 2020.
 1799         Section 51. In order to implement Specific Appropriations
 1800  581 through 704A and 716 through 750 of the 2019-2020 General
 1801  Appropriations Act, subsection (4) of section 216.262, Florida
 1802  Statutes, is amended to read:
 1803         216.262 Authorized positions.—
 1804         (4) Notwithstanding the provisions of this chapter relating
 1805  to increasing the number of authorized positions, and for the
 1806  2019-2020 2018-2019 fiscal year only, if the actual inmate
 1807  population of the Department of Corrections exceeds the inmate
 1808  population projections of the February 22, 2019 December 20,
 1809  2017, Criminal Justice Estimating Conference by 1 percent for 2
 1810  consecutive months or 2 percent for any month, the Executive
 1811  Office of the Governor, with the approval of the Legislative
 1812  Budget Commission, shall immediately notify the Criminal Justice
 1813  Estimating Conference, which shall convene as soon as possible
 1814  to revise the estimates. The Department of Corrections may then
 1815  submit a budget amendment requesting the establishment of
 1816  positions in excess of the number authorized by the Legislature
 1817  and additional appropriations from unallocated general revenue
 1818  sufficient to provide for essential staff, fixed capital
 1819  improvements, and other resources to provide classification,
 1820  security, food services, health services, and other variable
 1821  expenses within the institutions to accommodate the estimated
 1822  increase in the inmate population. All actions taken pursuant to
 1823  this subsection are subject to review and approval by the
 1824  Legislative Budget Commission. This subsection expires July 1,
 1825  2020 2019.
 1826         Section 52. In order to implement Specific Appropriation
 1827  737 of the 2019-2020 General Appropriations Act, and upon the
 1828  expiration and reversion of the amendments made by section 44 of
 1829  chapter 2018-10, Laws of Florida, paragraph (b) of subsection
 1830  (7) of section 1011.80, Florida Statutes, is amended to read:
 1831         1011.80 Funds for operation of workforce education
 1832  programs.—
 1833         (7)
 1834         (b) State funds provided for the operation of postsecondary
 1835  workforce programs may not be expended for the education of
 1836  state or federal inmates, except to the extent that such funds
 1837  are specifically appropriated for such purpose in the 2019-2020
 1838  General Appropriations Act with more than 24 months of time
 1839  remaining to serve on their sentences or federal inmates.
 1840         Section 53. The amendment made to s. 1011.80(7)(b), Florida
 1841  Statutes, by this act expires July 1, 2020, and the text of that
 1842  paragraph shall revert to that in existence on July 1, 2019, but
 1843  not including any amendments made by this act, and any
 1844  amendments to such text enacted other than by this act shall be
 1845  preserved and continue to operate to the extent that such
 1846  amendments are not dependent upon the portions of text which
 1847  expire pursuant to this section.
 1848         Section 54. In order to implement Specific Appropriations
 1849  3208 through 3274 of the 2019-2020 General Appropriations Act,
 1850  subsection (2) of section 215.18, Florida Statutes, is amended
 1851  to read:
 1852         215.18 Transfers between funds; limitation.—
 1853         (2) The Chief Justice of the Supreme Court may receive one
 1854  or more trust fund loans to ensure that the state court system
 1855  has funds sufficient to meet its appropriations in the 2019-2020
 1856  2018-2019 General Appropriations Act. If the Chief Justice
 1857  accesses the loan, he or she must notify the Governor and the
 1858  chairs of the legislative appropriations committees in writing.
 1859  The loan must come from other funds in the State Treasury which
 1860  are for the time being or otherwise in excess of the amounts
 1861  necessary to meet the just requirements of such last-mentioned
 1862  funds. The Governor shall order the transfer of funds within 5
 1863  days after the written notification from the Chief Justice. If
 1864  the Governor does not order the transfer, the Chief Financial
 1865  Officer shall transfer the requested funds. The loan of funds
 1866  from which any money is temporarily transferred must be repaid
 1867  by the end of the 2019-2020 2018-2019 fiscal year. This
 1868  subsection expires July 1, 2020 2019.
 1869         Section 55. (1)In order to implement Specific
 1870  Appropriations 1153 through 1164 of the 2019-2020 General
 1871  Appropriations Act, the Department of Juvenile Justice is
 1872  required to review county juvenile detention payments to ensure
 1873  that counties fulfill their financial responsibilities required
 1874  in s. 985.6865, Florida Statutes. If the Department of Juvenile
 1875  Justice determines that a county has not met its obligations,
 1876  the department shall direct the Department of Revenue to deduct
 1877  the amount owed to the Department of Juvenile Justice from the
 1878  funds provided to the county under s. 218.23, Florida Statutes.
 1879  The Department of Revenue shall transfer the funds withheld to
 1880  the Shared County/State Juvenile Detention Trust Fund.
 1881         (2)As an assurance to holders of bonds issued by counties
 1882  before July 1, 2019, for which distributions made pursuant to s.
 1883  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1884  such bonds which mature no later than the bonds they refunded
 1885  and which result in a reduction of debt service payable in each
 1886  fiscal year, the amount available for distribution to a county
 1887  shall remain as provided by law and continue to be subject to
 1888  any lien or claim on behalf of the bondholders. The Department
 1889  of Revenue must ensure, based on information provided by an
 1890  affected county, that any reduction in amounts distributed
 1891  pursuant to subsection (1) does not reduce the amount of
 1892  distribution to a county below the amount necessary for the
 1893  timely payment of principal and interest when due on the bonds
 1894  and the amount necessary to comply with any covenant under the
 1895  bond resolution or other documents relating to the issuance of
 1896  the bonds. If a reduction to a county’s monthly distribution
 1897  must be decreased in order to comply with this section, the
 1898  Department of Revenue must notify the Department of Juvenile
 1899  Justice of the amount of the decrease, and the Department of
 1900  Juvenile Justice must send a bill for payment of such amount to
 1901  the affected county.
 1902         (3)This section expires July 1, 2020.
 1903         Section 56. In order to implement Specific Appropriations
 1904  761 through 784A, 952 through 1097, and 1118 through 1152 of the
 1905  2019-2020 General Appropriations Act, subsection (1), paragraph
 1906  (a) of subsection (2), paragraph (a) of subsection (3), and
 1907  subsections (5), (6), and (7) of section 27.40, Florida
 1908  Statutes, are amended to read:
 1909         27.40 Court-appointed counsel; circuit registries; minimum
 1910  requirements; appointment by court.—
 1911         (1) Counsel shall be appointed to represent any individual
 1912  in a criminal or civil proceeding entitled to court-appointed
 1913  counsel under the Federal or State Constitution or as authorized
 1914  by general law. The court shall appoint a public defender to
 1915  represent indigent persons as authorized in s. 27.51. The office
 1916  of criminal conflict and civil regional counsel shall be
 1917  appointed to represent persons in those cases in which provision
 1918  is made for court-appointed counsel, but only after the public
 1919  defender has certified to the court in writing that the public
 1920  defender is unable to provide representation due to a conflict
 1921  of interest or is not authorized to provide representation. The
 1922  public defender shall report, in the aggregate, the specific
 1923  basis of all conflicts of interest certified to the court. On a
 1924  quarterly basis, the public defender shall submit this
 1925  information to the Justice Administrative Commission.
 1926         (2)(a) Private counsel shall be appointed to represent
 1927  persons in those cases in which provision is made for court
 1928  appointed counsel but only after the office of criminal conflict
 1929  and civil regional counsel has been appointed and has certified
 1930  to the court in writing that the criminal conflict and civil
 1931  regional counsel is unable to provide representation due to a
 1932  conflict of interest. The criminal conflict and civil regional
 1933  counsel shall report, in the aggregate, the specific basis of
 1934  all conflicts of interest certified to the court. On a quarterly
 1935  basis, the criminal conflict and civil regional counsel shall
 1936  submit this information to the Justice Administrative
 1937  Commission.
 1938         (3) In using a registry:
 1939         (a) The chief judge of the circuit shall compile a list of
 1940  attorneys in private practice, by county and by category of
 1941  cases, and provide the list to the clerk of court in each
 1942  county. The chief judge of the circuit may restrict the number
 1943  of attorneys on the general registry list. To be included on a
 1944  registry, an attorney must certify that he or she:
 1945         1. Meets any minimum requirements established by the chief
 1946  judge and by general law for court appointment;
 1947         2. Is available to represent indigent defendants in cases
 1948  requiring court appointment of private counsel; and
 1949         3. Is willing to abide by the terms of the contract for
 1950  services, s. 27.5304, and this section.
 1951  
 1952  To be included on a registry, an attorney must enter into a
 1953  contract for services with the Justice Administrative
 1954  Commission. Failure to comply with the terms of the contract for
 1955  services may result in termination of the contract and removal
 1956  from the registry. Each attorney on the registry is responsible
 1957  for notifying the clerk of the court and the Justice
 1958  Administrative Commission of any change in his or her status.
 1959  Failure to comply with this requirement is cause for termination
 1960  of the contract for services and removal from the registry until
 1961  the requirement is fulfilled.
 1962         (5) The Justice Administrative Commission shall approve
 1963  uniform contract forms for use in procuring the services of
 1964  private court-appointed counsel and uniform procedures and forms
 1965  for use by a court-appointed attorney in support of billing for
 1966  attorney’s fees, costs, and related expenses to demonstrate the
 1967  attorney’s completion of specified duties. Such uniform
 1968  contracts and forms for use in billing must be consistent with
 1969  s. 27.5304, s. 216.311, and the General Appropriations Act and
 1970  must contain the following statement: “The State of Florida’s
 1971  performance and obligation to pay under this contract is
 1972  contingent upon an annual appropriation by the Legislature.”
 1973         (6) After court appointment, the attorney must immediately
 1974  file a notice of appearance with the court indicating acceptance
 1975  of the appointment to represent the defendant and of the terms
 1976  of the uniform contract as specified in subsection (5).
 1977         (7)(a) A private attorney appointed by the court from the
 1978  registry to represent a client is entitled to payment as
 1979  provided in s. 27.5304 so long as the requirements of subsection
 1980  (1) and paragraph (2)(a) are met. An attorney appointed by the
 1981  court who is not on the registry list may be compensated under
 1982  s. 27.5304 only if the court finds in the order of appointment
 1983  that there were no registry attorneys available for
 1984  representation for that case and only if the requirements of
 1985  subsection (1) and paragraph (2)(a) are met.
 1986         (b)1. The flat fee established in s. 27.5304 and the
 1987  General Appropriations Act shall be presumed by the court to be
 1988  sufficient compensation. The attorney shall maintain appropriate
 1989  documentation, including contemporaneous and detailed hourly
 1990  accounting of time spent representing the client. If the
 1991  attorney fails to maintain such contemporaneous and detailed
 1992  hourly records, the attorney waives the right to seek
 1993  compensation in excess of the flat fee established in s. 27.5304
 1994  and the General Appropriations Act. These records and documents
 1995  are subject to review by the Justice Administrative Commission
 1996  and audit by the Auditor General, subject to the attorney-client
 1997  privilege and work-product privilege. The attorney shall
 1998  maintain the records and documents in a manner that enables the
 1999  attorney to redact any information subject to a privilege in
 2000  order to facilitate the commission’s review of the records and
 2001  documents and not to impede such review. The attorney may redact
 2002  information from the records and documents only to the extent
 2003  necessary to comply with the privilege. The Justice
 2004  Administrative Commission shall review such records and shall
 2005  contemporaneously document such review before authorizing
 2006  payment to an attorney. Objections by or on behalf of the
 2007  Justice Administrative Commission to records or documents or to
 2008  claims for payment by the attorney shall be presumed correct by
 2009  the court unless the court determines in writing competent and
 2010  substantial evidence exists to justify overcoming the
 2011  presumption.
 2012         2. If an attorney fails, refuses, or declines to permit the
 2013  commission or the Auditor General to review documentation for a
 2014  case as provided in this paragraph, the attorney waives the
 2015  right to seek, and the commission may not pay, compensation in
 2016  excess of the flat fee established in s. 27.5304 and the General
 2017  Appropriations Act for that case.
 2018         3. A finding by the commission that an attorney has waived
 2019  the right to seek compensation in excess of the flat fee
 2020  established in s. 27.5304 and the General Appropriations Act, as
 2021  provided in this paragraph, shall be is presumed to be correct
 2022  valid, unless the, as determined by a court determines, in
 2023  writing, that competent and substantial evidence exists to
 2024  justify overcoming the presumption, the commission’s finding is
 2025  not supported by competent and substantial evidence.
 2026         Section 57. The amendments to s. 27.40(1), (2)(a), (3)(a),
 2027  (5), (6), and (7), Florida Statutes, by this act expire July 1,
 2028  2020, and the text of those subsections and paragraphs, as
 2029  applicable, shall revert to that in existence on June 30, 2019,
 2030  except that any amendments to such text enacted other than by
 2031  this act shall be preserved and continue to operate to the
 2032  extent that such amendments are not dependent upon the portions
 2033  of text which expire pursuant to this section.
 2034         Section 58. In order to implement Specific Appropriations
 2035  761 through 784A, 952 through 1097, and 1118 through 1152 of the
 2036  2019-2020 General Appropriations Act, subsections (1), (3), (7),
 2037  and (11), paragraphs (a) through (e) of subsection (12), and
 2038  subsection (13) of section 27.5304, Florida Statutes, are
 2039  amended to read:
 2040         27.5304 Private court-appointed counsel; compensation;
 2041  notice.—
 2042         (1) Private court-appointed counsel appointed in the manner
 2043  prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
 2044  Justice Administrative Commission only as provided in this
 2045  section and the General Appropriations Act. The flat fees
 2046  prescribed in this section are limitations on compensation. The
 2047  specific flat fee amounts for compensation shall be established
 2048  annually in the General Appropriations Act. The attorney also
 2049  shall be reimbursed for reasonable and necessary expenses in
 2050  accordance with s. 29.007. If the attorney is representing a
 2051  defendant charged with more than one offense in the same case,
 2052  the attorney shall be compensated at the rate provided for the
 2053  most serious offense for which he or she represented the
 2054  defendant. This section does not allow stacking of the fee
 2055  limits established by this section.
 2056         (3) The court retains primary authority and responsibility
 2057  for determining the reasonableness of all billings for attorney
 2058  fees, costs, and related expenses, subject to statutory
 2059  limitations and the requirements of s. 27.40(7). Private court
 2060  appointed counsel is entitled to compensation upon final
 2061  disposition of a case.
 2062         (7) Counsel eligible entitled to receive compensation from
 2063  the state for representation pursuant to court appointment made
 2064  in accordance with the requirements of s. 27.40(1) and (2)(a) in
 2065  a proceeding under chapter 384, chapter 390, chapter 392,
 2066  chapter 393, chapter 394, chapter 397, chapter 415, chapter 743,
 2067  chapter 744, or chapter 984 shall receive compensation not to
 2068  exceed the limits prescribed in the General Appropriations Act.
 2069  Any such compensation must be determined as provided in s.
 2070  27.40(7).
 2071         (11) It is the intent of the Legislature that the flat fees
 2072  prescribed under this section and the General Appropriations Act
 2073  comprise the full and complete compensation for private court
 2074  appointed counsel. It is further the intent of the Legislature
 2075  that the fees in this section are prescribed for the purpose of
 2076  providing counsel with notice of the limit on the amount of
 2077  compensation for representation in particular proceedings and
 2078  the sole procedure and requirements for obtaining payment for
 2079  the same.
 2080         (a) If court-appointed counsel moves to withdraw prior to
 2081  the full performance of his or her duties through the completion
 2082  of the case, the court shall presume that the attorney is not
 2083  entitled to the payment of the full flat fee established under
 2084  this section and the General Appropriations Act.
 2085         (b) If court-appointed counsel is allowed to withdraw from
 2086  representation prior to the full performance of his or her
 2087  duties through the completion of the case and the court appoints
 2088  a subsequent attorney, the total compensation for the initial
 2089  and any and all subsequent attorneys may not exceed the flat fee
 2090  established under this section and the General Appropriations
 2091  Act, except as provided in subsection (12).
 2092  
 2093  This subsection constitutes notice to any subsequently appointed
 2094  attorney that he or she will not be compensated the full flat
 2095  fee.
 2096         (12) The Legislature recognizes that on rare occasions an
 2097  attorney may receive a case that requires extraordinary and
 2098  unusual effort.
 2099         (a) If counsel seeks compensation that exceeds the limits
 2100  prescribed by law, he or she must file a motion with the chief
 2101  judge for an order approving payment of attorney fees in excess
 2102  of these limits.
 2103         1. Before filing the motion, the counsel shall deliver a
 2104  copy of the intended billing, together with supporting
 2105  affidavits and all other necessary documentation, to the Justice
 2106  Administrative Commission.
 2107         2. The Justice Administrative Commission shall review the
 2108  billings, affidavit, and documentation for completeness and
 2109  compliance with contractual and statutory requirements and shall
 2110  contemporaneously document such review before authorizing
 2111  payment to an attorney. If the Justice Administrative Commission
 2112  objects to any portion of the proposed billing, the objection
 2113  and supporting reasons must be communicated in writing to the
 2114  private court-appointed counsel. The counsel may thereafter file
 2115  his or her motion, which must specify whether the commission
 2116  objects to any portion of the billing or the sufficiency of
 2117  documentation, and shall attach the commission’s letter stating
 2118  its objection.
 2119         (b) Following receipt of the motion to exceed the fee
 2120  limits, the chief judge or a single designee shall hold an
 2121  evidentiary hearing. The chief judge may select only one judge
 2122  per circuit to hear and determine motions pursuant to this
 2123  subsection, except multicounty circuits and the eleventh circuit
 2124  may have up to two designees.
 2125         1. At the hearing, the attorney seeking compensation must
 2126  prove by competent and substantial evidence that the case
 2127  required extraordinary and unusual efforts. The chief judge or
 2128  single designee shall consider criteria such as the number of
 2129  witnesses, the complexity of the factual and legal issues, and
 2130  the length of trial. The fact that a trial was conducted in a
 2131  case does not, by itself, constitute competent substantial
 2132  evidence of an extraordinary and unusual effort. In a criminal
 2133  case, relief under this section may not be granted if the number
 2134  of work hours does not exceed 75 or the number of the state’s
 2135  witnesses deposed does not exceed 20.
 2136         2. Objections by or on behalf of the Justice Administrative
 2137  Commission to records or documents or to claims for payment by
 2138  the attorney shall be presumed correct by the court unless the
 2139  court determines, in writing, that competent and substantial
 2140  evidence exists to justify overcoming the presumption. The chief
 2141  judge or single designee shall enter a written order detailing
 2142  his or her findings and identifying the extraordinary nature of
 2143  the time and efforts of the attorney in the case which warrant
 2144  exceeding the flat fee established by this section and the
 2145  General Appropriations Act.
 2146         (c) A copy of the motion and attachments shall be served on
 2147  the Justice Administrative Commission at least 20 5 business
 2148  days before the date of a hearing. The Justice Administrative
 2149  Commission has standing to appear before the court, and may
 2150  appear in person or telephonically, including at the hearing
 2151  under paragraph (b), to contest any motion for an order
 2152  approving payment of attorney fees, costs, or related expenses
 2153  and may participate in a hearing on the motion by use of
 2154  telephonic or other communication equipment. The Justice
 2155  Administrative Commission may contract with other public or
 2156  private entities or individuals to appear before the court for
 2157  the purpose of contesting any motion for an order approving
 2158  payment of attorney fees, costs, or related expenses. The fact
 2159  that the Justice Administrative Commission has not objected to
 2160  any portion of the billing or to the sufficiency of the
 2161  documentation is not binding on the court.
 2162         (d) If the chief judge or a single designee finds that
 2163  counsel has proved by competent and substantial evidence that
 2164  the case required extraordinary and unusual efforts, the chief
 2165  judge or single designee shall order the compensation to be paid
 2166  to the attorney at a percentage above the flat fee rate,
 2167  depending on the extent of the unusual and extraordinary effort
 2168  required. The percentage must be only the rate necessary to
 2169  ensure that the fees paid are not confiscatory under common law.
 2170  The percentage may not exceed 200 percent of the established
 2171  flat fee, absent a specific finding that 200 percent of the flat
 2172  fee in the case would be confiscatory. If the chief judge or
 2173  single designee determines that 200 percent of the flat fee
 2174  would be confiscatory, he or she shall order the amount of
 2175  compensation using an hourly rate not to exceed $75 per hour for
 2176  a noncapital case and $100 per hour for a capital case. However,
 2177  the compensation calculated by using the hourly rate shall be
 2178  only that amount necessary to ensure that the total fees paid
 2179  are not confiscatory, subject to the requirements of s.
 2180  27.40(7).
 2181         (e) Any order granting relief under this subsection must be
 2182  attached to the final request for a payment submitted to the
 2183  Justice Administrative Commission and must satisfy the
 2184  requirements of subparagraph (b)2.
 2185         (13) Notwithstanding the limitation set forth in subsection
 2186  (5) and for the 2019-2020 2018-2019 fiscal year only, the
 2187  compensation for representation in a criminal proceeding may not
 2188  exceed the following:
 2189         (a) For misdemeanors and juveniles represented at the trial
 2190  level: $1,000.
 2191         (b) For noncapital, nonlife felonies represented at the
 2192  trial level: $15,000.
 2193         (c) For life felonies represented at the trial level:
 2194  $15,000.
 2195         (d) For capital cases represented at the trial level:
 2196  $25,000. For purposes of this paragraph, a “capital case” is any
 2197  offense for which the potential sentence is death and the state
 2198  has not waived seeking the death penalty.
 2199         (e) For representation on appeal: $9,000.
 2200         (f) This subsection expires July 1, 2020 2019.
 2201         Section 59. The amendments to s. 27.5304(1), (3), (7),
 2202  (11), and (12)(a)-(e), Florida Statutes, by this act expire July
 2203  1, 2020, and the text of those subsections and paragraphs, as
 2204  applicable, shall revert to that in existence on June 30, 2019,
 2205  except that any amendments to such text enacted other than by
 2206  this act shall be preserved and continue to operate to the
 2207  extent that such amendments are not dependent upon the portions
 2208  of text which expire pursuant to this section.
 2209         Section 60. In order to implement Specific Appropriation
 2210  770 of the 2019-2020 General Appropriations Act, and
 2211  notwithstanding s. 28.35, Florida Statutes, the clerks of the
 2212  circuit court are responsible for any costs of compensation to
 2213  jurors, for meals or lodging provided to jurors, and for jury
 2214  related personnel costs that exceed the funding provided in the
 2215  General Appropriations Act for these purposes. This section
 2216  expires July 1, 2020.
 2217         Section 61. In order to implement Specific Appropriations
 2218  952 through 1097 of the 2019-2020 General Appropriations Act,
 2219  and notwithstanding the expiration date in section 40 of chapter
 2220  2018-10, Laws of Florida, paragraph (c) of subsection (19) of
 2221  section 318.18, Florida Statutes, is reenacted to read:
 2222         318.18 Amount of penalties.—The penalties required for a
 2223  noncriminal disposition pursuant to s. 318.14 or a criminal
 2224  offense listed in s. 318.17 are as follows:
 2225         (19) In addition to any penalties imposed, an Article V
 2226  assessment of $10 must be paid for all noncriminal moving and
 2227  nonmoving violations under chapters 316, 320, and 322. The
 2228  assessment is not revenue for purposes of s. 28.36 and may not
 2229  be used in establishing the budget of the clerk of the court
 2230  under that section or s. 28.35. Of the funds collected under
 2231  this subsection:
 2232         (c) The sum of $1.67 shall be deposited in the Indigent
 2233  Criminal Defense Trust Fund for use by the public defenders.
 2234         Section 62. In order to implement Specific Appropriations
 2235  952 through 1097 of the 2019-2020 General Appropriations Act,
 2236  and notwithstanding the expiration date in section 42 of chapter
 2237  2018-10, Laws of Florida, paragraph (b) of subsection (12) of
 2238  section 817.568, Florida Statutes, is reenacted to read:
 2239         817.568 Criminal use of personal identification
 2240  information.—
 2241         (12) In addition to any sanction imposed when a person
 2242  pleads guilty or nolo contendere to, or is found guilty of,
 2243  regardless of adjudication, a violation of this section, the
 2244  court shall impose a surcharge of $1,001.
 2245         (b) The sum of $250 of the surcharge shall be deposited
 2246  into the State Attorneys Revenue Trust Fund for the purpose of
 2247  funding prosecutions of offenses relating to the criminal use of
 2248  personal identification information. The sum of $250 of the
 2249  surcharge shall be deposited into the Indigent Criminal Defense
 2250  Trust Fund for the purposes of indigent criminal defense related
 2251  to the criminal use of personal identification information.
 2252         Section 63. The text of ss. 318.18(19)(c) and
 2253  817.568(12)(b), Florida Statutes, as carried forward from
 2254  chapter 2018-10, Laws of Florida, by this act, expires July 1,
 2255  2020, and the text of those paragraphs shall revert to that in
 2256  existence on June 30, 2018, except that any amendments to such
 2257  text enacted other than by this act shall be preserved and
 2258  continue to operate to the extent that such amendments are not
 2259  dependent upon the portions of text which expire pursuant to
 2260  this section.
 2261         Section 64. In order to implement Specific Appropriation
 2262  3210 of the 2019-2020 General Appropriations Act, and
 2263  notwithstanding s. 112.061(4), Florida Statutes:
 2264         (1)(a)A Supreme Court justice who permanently resides
 2265  outside Leon County is eligible for the designation of a
 2266  district court of appeal courthouse, a county courthouse, or
 2267  other appropriate facility in his or her district of residence
 2268  as his or her official headquarters for purposes of s. 112.061,
 2269  Florida Statutes. This official headquarters may serve only as
 2270  the justice’s private chambers.
 2271         (b)1.A justice for whom an official headquarters is
 2272  designated in his or her district of residence under this
 2273  subsection is eligible for subsistence at a rate to be
 2274  established by the Chief Justice for each day or partial day
 2275  that the justice is at the headquarters of the Supreme Court to
 2276  conduct court business, as authorized by the Chief Justice. The
 2277  Chief Justice may authorize a justice to choose between
 2278  subsistence based on lodging at a single-occupancy rate and meal
 2279  reimbursement as provided in s. 112.061, Florida Statutes, and
 2280  subsistence at a fixed rate prescribed by the Chief Justice.
 2281         2.In addition to subsistence, a justice is eligible for
 2282  reimbursement for travel expenses as provided in s. 112.061(7)
 2283  and (8), Florida Statutes, for travel between the justice’s
 2284  official headquarters and the headquarters of the Supreme Court
 2285  to conduct court business.
 2286         (c)Payment of subsistence and reimbursement for travel
 2287  expenses relating to travel between a justice’s official
 2288  headquarters and the headquarters of the Supreme Court shall be
 2289  made to the extent appropriated funds are available, as
 2290  determined by the Chief Justice.
 2291         (2)The Chief Justice shall coordinate with each affected
 2292  justice and other state and local officials as necessary to
 2293  implement subsection (1).
 2294         (3)(a)This section does not require a county to provide
 2295  space in a county courthouse for a justice. A county may enter
 2296  into an agreement with the Supreme Court governing the use of
 2297  space in a county courthouse.
 2298         (b)The Supreme Court may not use state funds to lease
 2299  space in a district court of appeal courthouse, a county
 2300  courthouse, or another facility to allow a justice to establish
 2301  an official headquarters pursuant to subsection (1).
 2302         (4)The Chief Justice may establish parameters governing
 2303  the authority provided in this section, including specifying
 2304  minimum operational requirements for the designated
 2305  headquarters, limiting the number of days for which subsistence
 2306  and travel reimbursement may be provided, and prescribing
 2307  activities that qualify as the conduct of court business.
 2308         (5)This section expires July 1, 2020.
 2309         Section 65. In order to implement appropriations used to
 2310  pay existing lease contracts for private lease space in excess
 2311  of 2,000 square feet in the 2019-2020 General Appropriations
 2312  Act, the Department of Management Services, with the cooperation
 2313  of the agencies having the existing lease contracts for office
 2314  or storage space, shall use tenant broker services to
 2315  renegotiate or reprocure all private lease agreements for office
 2316  or storage space expiring between July 1, 2020, and June 30,
 2317  2022, in order to reduce costs in future years. The department
 2318  shall incorporate this initiative into its 2019 master leasing
 2319  report required under s. 255.249(7), Florida Statutes, and may
 2320  use tenant broker services to explore the possibilities of
 2321  collocating office or storage space, to review the space needs
 2322  of each agency, and to review the length and terms of potential
 2323  renewals or renegotiations. The department shall provide a
 2324  report to the Executive Office of the Governor, the President of
 2325  the Senate, and the Speaker of the House of Representatives by
 2326  November 1, 2019, which lists each lease contract for private
 2327  office or storage space, the status of renegotiations, and the
 2328  savings achieved. This section expires July 1, 2020.
 2329         Section 66. In order to implement Specific Appropriations
 2330  2839 through 2850A of the 2019-2020 General Appropriations Act,
 2331  and notwithstanding rule 60A-1.031, Florida Administrative Code,
 2332  the transaction fee collected for use of the online procurement
 2333  system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
 2334  Florida Statutes, is seven-tenths of 1 percent for the 2019-2020
 2335  fiscal year only. This section expires July 1, 2020.
 2336         Section 67. In order to implement appropriations authorized
 2337  in the 2019-2020 General Appropriations Act for data center
 2338  services, and notwithstanding s. 216.292(2)(a), Florida
 2339  Statutes, an agency may not transfer funds from a data
 2340  processing category to a category other than another data
 2341  processing category. This section expires July 1, 2020.
 2342         Section 68. In order to implement the appropriation of
 2343  funds in the appropriation category “Data Processing Assessment
 2344  Agency for State Technology” in the 2019-2020 General
 2345  Appropriations Act, and pursuant to the notice, review, and
 2346  objection procedures of s. 216.177, Florida Statutes, the
 2347  Executive Office of the Governor may transfer funds appropriated
 2348  in that category between departments in order to align the
 2349  budget authority granted based on the estimated billing cycle
 2350  and methodology used by the Agency for State Technology for data
 2351  processing services provided. This section expires July 1, 2020.
 2352         Section 69. In order to implement the appropriation of
 2353  funds in the appropriation category “Special Categories-Risk
 2354  Management Insurance” in the 2019-2020 General Appropriations
 2355  Act, and pursuant to the notice, review, and objection
 2356  procedures of s. 216.177, Florida Statutes, the Executive Office
 2357  of the Governor may transfer funds appropriated in that category
 2358  between departments in order to align the budget authority
 2359  granted with the premiums paid by each department for risk
 2360  management insurance. This section expires July 1, 2020.
 2361         Section 70. In order to implement the appropriation of
 2362  funds in the appropriation category “Special Categories-Transfer
 2363  to Department of Management Services-Human Resources Services
 2364  Purchased per Statewide Contract” in the 2019-2020 General
 2365  Appropriations Act, and pursuant to the notice, review, and
 2366  objection procedures of s. 216.177, Florida Statutes, the
 2367  Executive Office of the Governor may transfer funds appropriated
 2368  in that category between departments in order to align the
 2369  budget authority granted with the assessments that must be paid
 2370  by each agency to the Department of Management Services for
 2371  human resource management services. This section expires July 1,
 2372  2020.
 2373         Section 71. In order to implement Specific Appropriations
 2374  2421 through 2424 of the 2019-2020 General Appropriations Act:
 2375         (1)The Department of Financial Services shall replace the
 2376  four main components of the Florida Accounting Information
 2377  Resource Subsystem (FLAIR), which include central FLAIR,
 2378  departmental FLAIR, payroll, and information warehouse, and
 2379  shall replace the cash management and accounting management
 2380  components of the Cash Management Subsystem (CMS) with an
 2381  integrated enterprise system that allows the state to organize,
 2382  define, and standardize its financial management business
 2383  processes and that complies with ss. 215.90-215.96, Florida
 2384  Statutes. The department may not include in the replacement of
 2385  FLAIR and CMS:
 2386         (a)Functionality that duplicates any of the other
 2387  information subsystems of the Florida Financial Management
 2388  Information System; or
 2389         (b)Agency business processes related to any of the
 2390  functions included in the Personnel Information System, the
 2391  Purchasing Subsystem, or the Legislative Appropriations
 2392  System/Planning and Budgeting Subsystem.
 2393         (2)For purposes of replacing FLAIR and CMS, the Department
 2394  of Financial Services shall:
 2395         (a)Take into consideration the cost and implementation
 2396  data identified for Option 3 as recommended in the March 31,
 2397  2014, Florida Department of Financial Services FLAIR Study,
 2398  version 031.
 2399         (b)Ensure that all business requirements and technical
 2400  specifications have been provided to all state agencies for
 2401  their review and input and approved by the executive steering
 2402  committee established in paragraph (c).
 2403         (c)Implement a project governance structure that includes
 2404  an executive steering committee composed of:
 2405         1.The Chief Financial Officer or the executive sponsor of
 2406  the project.
 2407         2.A representative of the Division of Treasury of the
 2408  Department of Financial Services, appointed by the Chief
 2409  Financial Officer.
 2410         3.A representative of the Division of Information Systems
 2411  of the Department of Financial Services, appointed by the Chief
 2412  Financial Officer.
 2413         4.Four employees from the Division of Accounting and
 2414  Auditing of the Department of Financial Services, appointed by
 2415  the Chief Financial Officer. Each employee must have experience
 2416  relating to at least one of the four main components that
 2417  compose FLAIR.
 2418         5.Two employees from the Executive Office of the Governor,
 2419  appointed by the Governor. One employee must have experience
 2420  relating to the Legislative Appropriations System/Planning and
 2421  Budgeting Subsystem.
 2422         6.One employee from the Department of Revenue, appointed
 2423  by the executive director, who has experience relating to the
 2424  department’s SUNTAX system.
 2425         7.Two employees from the Department of Management
 2426  Services, appointed by the Secretary of Management Services. One
 2427  employee must have experience relating to the department’s
 2428  personnel information subsystem, and one employee must have
 2429  experience relating to the department’s purchasing subsystem.
 2430         8.Three state agency administrative services directors,
 2431  appointed by the Governor. One director must represent a
 2432  regulatory and licensing state agency, and one director must
 2433  represent a health care-related state agency.
 2434         (3)The Chief Financial Officer or the executive sponsor of
 2435  the project shall serve as chair of the executive steering
 2436  committee, and the committee shall take action by a vote of at
 2437  least eight affirmative votes with the Chief Financial Officer
 2438  or the executive sponsor of the project voting on the prevailing
 2439  side. A quorum of the executive steering committee consists of
 2440  at least 10 members.
 2441         (4)The executive steering committee has the overall
 2442  responsibility for ensuring that the project to replace FLAIR
 2443  and CMS meets its primary business objectives and shall:
 2444         (a)Identify and recommend to the Executive Office of the
 2445  Governor, the President of the Senate, and the Speaker of the
 2446  House of Representatives any statutory changes needed to
 2447  implement the replacement subsystem that will standardize, to
 2448  the fullest extent possible, the state’s financial management
 2449  business processes.
 2450         (b)Review and approve any changes to the project’s scope,
 2451  schedule, and budget which do not conflict with the requirements
 2452  of subsection (1).
 2453         (c)Ensure that adequate resources are provided throughout
 2454  all phases of the project.
 2455         (d)Approve all major project deliverables.
 2456         (e)Approve all solicitation-related documents associated
 2457  with the replacement of FLAIR and CMS.
 2458         (5)This section expires July 1, 2020.
 2459         Section 72. In order to implement appropriations in the
 2460  2019-2020 General Appropriations Act for executive branch and
 2461  judicial branch employee travel, the executive branch state
 2462  agencies and the judicial branch must collaborate with the
 2463  Executive Office of the Governor and the Department of
 2464  Management Services to implement the statewide travel management
 2465  system funded in Specific Appropriation 2788 in the 2019-2020
 2466  General Appropriations Act. For the purpose of complying with s.
 2467  112.061, Florida Statutes, all executive branch state agencies
 2468  and the judicial branch must use the statewide travel management
 2469  system. This section expires July 1, 2020.
 2470         Section 73. In order to implement Specific Appropriations
 2471  2782 through 2793A of the 2019-2020 General Appropriations Act,
 2472  all powers, duties, functions, records, personnel, property,
 2473  pending issues and existing contracts, administrative authority,
 2474  and administrative rules in chapter 74-3, Florida Administrative
 2475  Code, of the Budget and Policy Section and the Cost Recovery and
 2476  Billing Section within the Agency for State Technology are
 2477  transferred by a type two transfer, as defined in s. 20.06(2),
 2478  Florida Statutes, to the Department of Management Services. This
 2479  section expires July 1, 2020.
 2480         Section 74. In order to implement Specific Appropriations
 2481  2782 through 2793A of the 2019-2020 General Appropriations Act,
 2482  subsection (4) of section 20.22, Florida Statutes, is amended to
 2483  read:
 2484         20.22 Department of Management Services.—There is created a
 2485  Department of Management Services.
 2486         (4) The Department of Management Services shall provide the
 2487  Agency for State Technology with financial management oversight.
 2488  The agency shall provide the department all documents and
 2489  necessary information, as requested, to meet the requirements of
 2490  this section. The department’s financial management oversight
 2491  includes:
 2492         (a) Developing and implementing cost-recovery mechanisms
 2493  for the administrative and data center costs of services through
 2494  agency assessments of applicable customer entities. Such cost
 2495  recovery mechanisms must comply with applicable state and
 2496  federal regulations concerning the distribution and use of funds
 2497  and must ensure that, for each fiscal year, no service or
 2498  customer entity subsidizes another service or customer entity.
 2499         (b) Implementing an annual reconciliation process to ensure
 2500  that each customer entity is paying for the full direct and
 2501  indirect cost of each service as determined by the customer
 2502  entity’s use of each service.
 2503         (c) Providing rebates that may be credited against future
 2504  billings to customer entities when revenues exceed costs.
 2505         (d) Requiring each customer entity to transfer sufficient
 2506  funds into the appropriate data processing appropriation
 2507  category before implementing a customer entity’s request for a
 2508  change in the type or level of service provided, if such change
 2509  results in a net increase to the customer entity’s costs for
 2510  that fiscal year.
 2511         (e) By October 1, 2019 2018, providing to each customer
 2512  entity’s agency head the estimated agency assessment cost by the
 2513  Agency for State Technology for the following fiscal year. The
 2514  agency assessment cost of each customer entity includes
 2515  administrative and data center services costs of the agency.
 2516         (f) Preparing the legislative budget request for the Agency
 2517  for State Technology based on the issues requested and approved
 2518  by the executive director of the Agency for State Technology.
 2519  Upon the approval of the agency’s executive director, the
 2520  Department of Management Services shall transmit the agency’s
 2521  legislative budget request to the Governor and the Legislature
 2522  pursuant to s. 216.023.
 2523         (g) Providing a plan for consideration by the Legislative
 2524  Budget Commission if the Agency for State Technology increases
 2525  the cost of a service for a reason other than a customer
 2526  entity’s request made under paragraph (d). Such a plan is
 2527  required only if the service cost increase results in a net
 2528  increase to a customer entity.
 2529         (h) Providing a timely invoicing methodology to recover the
 2530  cost of services provided to the customer entity pursuant to s.
 2531  215.422.
 2532         (i) Providing an annual reconciliation process of prior
 2533  year expenditures completed on a timely basis and overall budget
 2534  management pursuant to chapter 216.
 2535  
 2536  (j) This subsection expires July 1, 2020 2019.
 2537         Section 75. In order to implement Specific Appropriations
 2538  1573 through 1579A of the 2019-2020 General Appropriations Act,
 2539  subsection (9) of section 20.255, Florida Statutes, is amended
 2540  to read:
 2541         20.255 Department of Environmental Protection.—There is
 2542  created a Department of Environmental Protection.
 2543         (9) The department shall act as the lead agency of the
 2544  executive branch for the development and review of policies,
 2545  practices, and standards related to geospatial data. The
 2546  department shall coordinate and promote geospatial data sharing
 2547  throughout the state government and serve as the primary point
 2548  of contact for statewide geographic information systems
 2549  projects, grants, and resources. This subsection expires July 1,
 2550  2020 2019.
 2551         Section 76. Effective July 1, 2019, and upon the expiration
 2552  and reversion of the amendments made to section 20.61, Florida
 2553  Statutes, pursuant to section 61 of chapter 2018-10, Laws of
 2554  Florida, and in order to implement Specific Appropriation 3008F
 2555  of the 2019-2020 General Appropriations Act, section 20.61,
 2556  Florida Statutes, is amended to read:
 2557         20.61 Agency for State Technology.—The Agency for State
 2558  Technology is created within the Department of Management
 2559  Services. The agency is a separate budget program and is not
 2560  subject to control, supervision, or direction by the Department
 2561  of Management Services, including, but not limited to,
 2562  purchasing, transactions involving real or personal property, or
 2563  personnel, with the exception of financial management, which
 2564  shall be provided by the Department of Management Services
 2565  pursuant to s. 20.22 or budgetary matters.
 2566         (1)(a) The executive director of the agency shall serve as
 2567  the state’s chief information officer and shall be appointed by
 2568  the Governor, subject to confirmation by the Senate.
 2569         (b) The executive director must be a proven, effective
 2570  administrator who preferably has executive-level experience in
 2571  both the public and private sectors in development and
 2572  implementation of information technology strategic planning;
 2573  management of enterprise information technology projects,
 2574  particularly management of large-scale consolidation projects;
 2575  and development and implementation of fiscal and substantive
 2576  information technology policy.
 2577         (2) The following positions are established within the
 2578  agency, all of whom shall be appointed by the executive
 2579  director:
 2580         (a) Deputy executive director, who shall serve as the
 2581  deputy chief information officer.
 2582         (b) Chief planning officer and six strategic planning
 2583  coordinators. One coordinator shall be assigned to each of the
 2584  following major program areas: health and human services,
 2585  education, government operations, criminal and civil justice,
 2586  agriculture and natural resources, and transportation and
 2587  economic development.
 2588         (c) Chief operations officer.
 2589         (d) Chief information security officer.
 2590         (e) Chief technology officer.
 2591         (2)(3) The Technology Advisory Council, consisting of seven
 2592  members, is established within the Agency for State Technology
 2593  and shall be maintained pursuant to s. 20.052. Four members of
 2594  the council shall be appointed by the Governor, two of whom must
 2595  be from the private sector and one of whom must be a
 2596  cybersecurity expert. The President of the Senate and the
 2597  Speaker of the House of Representatives shall each appoint one
 2598  member of the council. The Attorney General, the Commissioner of
 2599  Agriculture and Consumer Services, and the Chief Financial
 2600  Officer shall jointly appoint one member by agreement of a
 2601  majority of these officers. Upon initial establishment of the
 2602  council, two of the Governor’s appointments shall be for 2-year
 2603  terms. Thereafter, all appointments shall be for 4-year terms.
 2604         (a) The council shall consider and make recommendations to
 2605  the executive director on such matters as enterprise information
 2606  technology policies, standards, services, and architecture. The
 2607  council may also identify and recommend opportunities for the
 2608  establishment of public-private partnerships when considering
 2609  technology infrastructure and services in order to accelerate
 2610  project delivery and provide a source of new or increased
 2611  project funding.
 2612         (b) The executive director shall consult with the council
 2613  with regard to executing the duties and responsibilities of the
 2614  agency related to statewide information technology strategic
 2615  planning and policy.
 2616         (c) The council shall be governed by the Code of Ethics for
 2617  Public Officers and Employees as set forth in part III of
 2618  chapter 112, and each member must file a statement of financial
 2619  interests pursuant to s. 112.3145.
 2620         Section 77. The amendment to s. 20.61, Florida Statutes, by
 2621  this act expires July 1, 2020, and the text of that section
 2622  shall revert to that in existence on June 30, 2018, except that
 2623  any amendments to such text enacted other than by this act shall
 2624  be preserved and continue to operate to the extent that such
 2625  amendments are not dependent upon the portions of text which
 2626  expire pursuant to this section.
 2627         Section 78. In order to implement Specific Appropriations
 2628  3008A through 3008AA of the 2019-2020 General Appropriations
 2629  Act, and notwithstanding the expiration date in section 61 of
 2630  chapter 2018-10, Laws of Florida, subsections (5), (20), and
 2631  (28) of section 282.0041, Florida Statutes, are reenacted to
 2632  read:
 2633         282.0041 Definitions.—As used in this chapter, the term:
 2634         (5) “Customer entity” means an entity that obtains services
 2635  from the Agency for State Technology.
 2636         (20) “Service-level agreement” means a written contract
 2637  between the Agency for State Technology and a customer entity
 2638  which specifies the scope of services provided, service level,
 2639  the duration of the agreement, the responsible parties, and
 2640  agency assessment costs, which include administrative and data
 2641  center costs. A service-level agreement is not a rule pursuant
 2642  to chapter 120.
 2643         (28) “Agency assessment” means the amount each customer
 2644  entity must pay annually for services from the Agency for State
 2645  Technology and includes administrative and data center services
 2646  costs.
 2647         Section 79. In order to implement Specific Appropriations
 2648  3008I through 3008AA of the 2019-2020 General Appropriations
 2649  Act, and notwithstanding the expiration date in section 61 of
 2650  chapter 2018-10, Laws of Florida, subsection (11) of section
 2651  282.0051, Florida Statutes, is reenacted to read:
 2652         282.0051 Agency for State Technology; powers, duties, and
 2653  functions.—The Agency for State Technology shall have the
 2654  following powers, duties, and functions:
 2655         (11) Provide operational management and oversight of the
 2656  state data center established pursuant to s. 282.201, which
 2657  includes:
 2658         (a) Implementing industry standards and best practices for
 2659  the state data center’s facilities, operations, maintenance,
 2660  planning, and management processes.
 2661         (b) Developing and implementing appropriate operating
 2662  guidelines and procedures necessary for the state data center to
 2663  perform its duties pursuant to s. 282.201. The guidelines and
 2664  procedures must comply with applicable state and federal laws,
 2665  regulations, and policies and conform to generally accepted
 2666  governmental accounting and auditing standards. The guidelines
 2667  and procedures must include, but not be limited to:
 2668         1. Implementing a consolidated administrative support
 2669  structure responsible for providing procurement, transactions
 2670  involving real or personal property, human resources, and
 2671  operational support.
 2672         2. Standardizing and consolidating procurement and
 2673  contracting practices.
 2674         (c) In collaboration with the Department of Law
 2675  Enforcement, developing and implementing a process for
 2676  detecting, reporting, and responding to information technology
 2677  security incidents, breaches, and threats.
 2678         (d) Adopting rules relating to the operation of the state
 2679  data center.
 2680         (e) Beginning May 1, 2016, and annually thereafter,
 2681  conducting a market analysis to determine whether the state’s
 2682  approach to the provision of data center services is the most
 2683  effective and efficient manner by which its customer entities
 2684  can acquire such services, based on federal, state, and local
 2685  government trends; best practices in service provision; and the
 2686  acquisition of new and emerging technologies. The results of the
 2687  market analysis shall assist the state data center in making
 2688  adjustments to its data center service offerings.
 2689         Section 80. In order to implement Specific Appropriation
 2690  3008F of the 2019-2020 General Appropriations Act, and
 2691  notwithstanding the expiration date in section 61 of chapter
 2692  2018-10, Laws of Florida, paragraph (d) of subsection (2) of
 2693  section 282.201, Florida Statutes, is reenacted to read:
 2694         282.201 State data center.—The state data center is
 2695  established within the Agency for State Technology and shall
 2696  provide data center services that are hosted on premises or
 2697  externally through a third-party provider as an enterprise
 2698  information technology service. The provision of data center
 2699  services must comply with applicable state and federal laws,
 2700  regulations, and policies, including all applicable security,
 2701  privacy, and auditing requirements.
 2702         (2) STATE DATA CENTER DUTIES.—The state data center shall:
 2703         (d) Enter into a service-level agreement with each customer
 2704  entity to provide the required type and level of service or
 2705  services. If a customer entity fails to execute an agreement
 2706  within 60 days after commencement of a service, the state data
 2707  center may cease service. A service-level agreement may not have
 2708  a term exceeding 3 years and at a minimum must:
 2709         1. Identify the parties and their roles, duties, and
 2710  responsibilities under the agreement.
 2711         2. State the duration of the contract term and specify the
 2712  conditions for renewal.
 2713         3. Identify the scope of work.
 2714         4. Identify the products or services to be delivered with
 2715  sufficient specificity to permit an external financial or
 2716  performance audit.
 2717         5. Establish the services to be provided, the business
 2718  standards that must be met for each service, the cost of each
 2719  service, and the metrics and processes by which the business
 2720  standards for each service are to be objectively measured and
 2721  reported.
 2722         6. Provide a procedure for modifying the service-level
 2723  agreement based on changes in the type, level, and cost of a
 2724  service.
 2725         7. Include a right-to-audit clause to ensure that the
 2726  parties to the agreement have access to records for audit
 2727  purposes during the term of the service-level agreement.
 2728         8. Provide that a service-level agreement may be terminated
 2729  by either party for cause only after giving the other party and
 2730  the Agency for State Technology notice in writing of the cause
 2731  for termination and an opportunity for the other party to
 2732  resolve the identified cause within a reasonable period.
 2733         9. Provide for mediation of disputes by the Division of
 2734  Administrative Hearings pursuant to s. 120.573.
 2735         Section 81. The text of s. 282.0041(5), (20), and (28),
 2736  Florida Statutes; s. 282.0051(11), Florida Statutes; and s.
 2737  282.201(2)(d), Florida Statutes, as carried forward from chapter
 2738  2018-10, Laws of Florida, by this act, expire July 1, 2020, and
 2739  the text of those subsections and paragraph, as applicable,
 2740  shall revert to that in existence on June 30, 2018, except that
 2741  any amendments to such text enacted other than by this act shall
 2742  be preserved and continue to operate to the extent that such
 2743  amendments are not dependent upon the portions of text which
 2744  expire pursuant to this section.
 2745         Section 82. If legislation substantially similar to the
 2746  amendments made in this act to ss. 20.22, 20.255, 20.61,
 2747  282.0041, 282.0051, and 282.201, Florida Statutes, as contained
 2748  in SB 1570, HB 5301, or similar legislation, is passed during
 2749  the 2019 Regular Session of the Legislature or an extension
 2750  thereof and becomes a law, then the provisions of sections 73,
 2751  74, 75, 76, 77, 78, 79, 80, and 81 of this act shall not take
 2752  effect.
 2753         Section 83. In order to implement Specific Appropriations
 2754  1654 through 1656 of the 2019-2020 General Appropriations Act,
 2755  paragraph (d) of subsection (11) of section 216.181, Florida
 2756  Statutes, is amended to read:
 2757         216.181 Approved budgets for operations and fixed capital
 2758  outlay.—
 2759         (11)
 2760         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2761  for the 2019-2020 2018-2019 fiscal year only, the Legislative
 2762  Budget Commission may increase the amounts appropriated to the
 2763  Fish and Wildlife Conservation Commission or the Department of
 2764  Environmental Protection for fixed capital outlay projects,
 2765  including additional fixed capital outlay projects, using funds
 2766  provided to the state from the Gulf Environmental Benefit Fund
 2767  administered by the National Fish and Wildlife Foundation; funds
 2768  provided to the state from the Gulf Coast Restoration Trust Fund
 2769  related to the Resources and Ecosystems Sustainability, Tourist
 2770  Opportunities, and Revived Economies of the Gulf Coast Act of
 2771  2012 (RESTORE Act); or funds provided by the British Petroleum
 2772  Corporation (BP) for natural resource damage assessment
 2773  restoration projects. Concurrent with submission of an amendment
 2774  to the Legislative Budget Commission pursuant to this paragraph,
 2775  any project that carries a continuing commitment for future
 2776  appropriations by the Legislature must be specifically
 2777  identified, together with the projected amount of the future
 2778  commitment associated with the project and the fiscal years in
 2779  which the commitment is expected to commence. This paragraph
 2780  expires July 1, 2020 2019.
 2781  
 2782  The provisions of this subsection are subject to the notice and
 2783  objection procedures set forth in s. 216.177.
 2784         Section 84. In order to implement specific appropriations
 2785  from the land acquisition trust funds within the Department of
 2786  Agriculture and Consumer Services, the Department of
 2787  Environmental Protection, the Department of State, and the Fish
 2788  and Wildlife Conservation Commission, which are contained in the
 2789  2019-2020 General Appropriations Act, subsection (3) of section
 2790  215.18, Florida Statutes, is amended to read:
 2791         215.18 Transfers between funds; limitation.—
 2792         (3) Notwithstanding subsection (1) and only with respect to
 2793  a land acquisition trust fund in the Department of Agriculture
 2794  and Consumer Services, the Department of Environmental
 2795  Protection, the Department of State, or the Fish and Wildlife
 2796  Conservation Commission, whenever there is a deficiency in a
 2797  land acquisition trust fund which would render that trust fund
 2798  temporarily insufficient to meet its just requirements,
 2799  including the timely payment of appropriations from that trust
 2800  fund, and other trust funds in the State Treasury have moneys
 2801  that are for the time being or otherwise in excess of the
 2802  amounts necessary to meet the just requirements, including
 2803  appropriated obligations, of those other trust funds, the
 2804  Governor may order a temporary transfer of moneys from one or
 2805  more of the other trust funds to a land acquisition trust fund
 2806  in the Department of Agriculture and Consumer Services, the
 2807  Department of Environmental Protection, the Department of State,
 2808  or the Fish and Wildlife Conservation Commission. Any action
 2809  proposed pursuant to this subsection is subject to the notice,
 2810  review, and objection procedures of s. 216.177, and the Governor
 2811  shall provide notice of such action at least 7 days before the
 2812  effective date of the transfer of trust funds, except that
 2813  during July 2019 2018, notice of such action shall be provided
 2814  at least 3 days before the effective date of a transfer unless
 2815  such 3-day notice is waived by the chair and vice-chair of the
 2816  Legislative Budget Commission. Any transfer of trust funds to a
 2817  land acquisition trust fund in the Department of Agriculture and
 2818  Consumer Services, the Department of Environmental Protection,
 2819  the Department of State, or the Fish and Wildlife Conservation
 2820  Commission must be repaid to the trust funds from which the
 2821  moneys were loaned by the end of the 2019-2020 2018-2019 fiscal
 2822  year. The Legislature has determined that the repayment of the
 2823  other trust fund moneys temporarily loaned to a land acquisition
 2824  trust fund in the Department of Agriculture and Consumer
 2825  Services, the Department of Environmental Protection, the
 2826  Department of State, or the Fish and Wildlife Conservation
 2827  Commission pursuant to this subsection is an allowable use of
 2828  the moneys in a land acquisition trust fund because the moneys
 2829  from other trust funds temporarily loaned to a land acquisition
 2830  trust fund shall be expended solely and exclusively in
 2831  accordance with s. 28, Art. X of the State Constitution. This
 2832  subsection expires July 1, 2020 2019.
 2833         Section 85. (1)In order to implement specific
 2834  appropriations from the land acquisition trust funds within the
 2835  Department of Agriculture and Consumer Services, the Department
 2836  of Environmental Protection, the Department of State, and the
 2837  Fish and Wildlife Conservation Commission, which are contained
 2838  in the 2019-2020 General Appropriations Act, the Department of
 2839  Environmental Protection shall transfer revenues from the Land
 2840  Acquisition Trust Fund within the department to the land
 2841  acquisition trust funds within the Department of Agriculture and
 2842  Consumer Services, the Department of State, and the Fish and
 2843  Wildlife Conservation Commission, as provided in this section.
 2844  As used in this section, the term “department” means the
 2845  Department of Environmental Protection.
 2846         (2)After subtracting any required debt service payments,
 2847  the proportionate share of revenues to be transferred to each
 2848  land acquisition trust fund shall be calculated by dividing the
 2849  appropriations from each of the land acquisition trust funds for
 2850  the fiscal year by the total appropriations from the Land
 2851  Acquisition Trust Fund within the department and the land
 2852  acquisition trust funds within the Department of Agriculture and
 2853  Consumer Services, the Department of State, and the Fish and
 2854  Wildlife Conservation Commission for the fiscal year. The
 2855  department shall transfer the proportionate share of the
 2856  revenues in the Land Acquisition Trust Fund within the
 2857  department on a monthly basis to the appropriate land
 2858  acquisition trust funds within the Department of Agriculture and
 2859  Consumer Services, the Department of State, and the Fish and
 2860  Wildlife Conservation Commission and shall retain its
 2861  proportionate share of the revenues in the Land Acquisition
 2862  Trust Fund within the department. Total distributions to a land
 2863  acquisition trust fund within the Department of Agriculture and
 2864  Consumer Services, the Department of State, and the Fish and
 2865  Wildlife Conservation Commission may not exceed the total
 2866  appropriations from such trust fund for the fiscal year.
 2867         (3)In addition, the department shall transfer from the
 2868  Land Acquisition Trust Fund to land acquisition trust funds
 2869  within the Department of Agriculture and Consumer Services, the
 2870  Department of State, and the Fish and Wildlife Conservation
 2871  Commission amounts equal to the difference between the amounts
 2872  appropriated in chapter 2018-9, Laws of Florida, to the
 2873  department’s Land Acquisition Trust Fund and the other land
 2874  acquisition trust funds, and the amounts actually transferred
 2875  between those trust funds during the 2018-2019 fiscal year.
 2876         (4)The department may advance funds from the beginning
 2877  unobligated fund balance in the Land Acquisition Trust Fund to
 2878  the Land Acquisition Trust Fund within the Fish and Wildlife
 2879  Conservation Commission needed for cash flow purposes based on a
 2880  detailed expenditure plan. The department shall prorate amounts
 2881  transferred quarterly to the Fish and Wildlife Conservation
 2882  Commission to recoup the amount of funds advanced by June 30,
 2883  2020.
 2884         (5)This section expires July 1, 2020.
 2885         Section 86. In order to implement appropriations from the
 2886  Land Acquisition Trust Fund within the Department of
 2887  Environmental Protection, paragraph (b) of subsection (3) of
 2888  section 375.041, Florida Statutes, is amended to read:
 2889         375.041 Land Acquisition Trust Fund.—
 2890         (3) Funds distributed into the Land Acquisition Trust Fund
 2891  pursuant to s. 201.15 shall be applied:
 2892         (b) Of the funds remaining after the payments required
 2893  under paragraph (a), but before funds may be appropriated,
 2894  pledged, or dedicated for other uses:
 2895         1. A minimum of the lesser of 25 percent or $200 million
 2896  shall be appropriated annually for Everglades projects that
 2897  implement the Comprehensive Everglades Restoration Plan as set
 2898  forth in s. 373.470, including the Central Everglades Planning
 2899  Project subject to Congressional authorization; the Long-Term
 2900  Plan as defined in s. 373.4592(2); and the Northern Everglades
 2901  and Estuaries Protection Program as set forth in s. 373.4595.
 2902  From these funds, $32 million shall be distributed each fiscal
 2903  year through the 2023-2024 fiscal year to the South Florida
 2904  Water Management District for the Long-Term Plan as defined in
 2905  s. 373.4592(2). After deducting the $32 million distributed
 2906  under this subparagraph, from the funds remaining, a minimum of
 2907  the lesser of 76.5 percent or $100 million shall be appropriated
 2908  each fiscal year through the 2025-2026 fiscal year for the
 2909  planning, design, engineering, and construction of the
 2910  Comprehensive Everglades Restoration Plan as set forth in s.
 2911  373.470, including the Central Everglades Planning Project, the
 2912  Everglades Agricultural Area Storage Reservoir Project, the Lake
 2913  Okeechobee Watershed Project, the C-43 West Basin Storage
 2914  Reservoir Project, the Indian River Lagoon-South Project, the
 2915  Western Everglades Restoration Project, and the Picayune Strand
 2916  Restoration Project. The Department of Environmental Protection
 2917  and the South Florida Water Management District shall give
 2918  preference to those Everglades restoration projects that reduce
 2919  harmful discharges of water from Lake Okeechobee to the St.
 2920  Lucie or Caloosahatchee estuaries in a timely manner. For the
 2921  purpose of performing the calculation provided in this
 2922  subparagraph, the amount of debt service paid pursuant to
 2923  paragraph (a) for bonds issued after July 1, 2016, for the
 2924  purposes set forth under paragraph (b) shall be added to the
 2925  amount remaining after the payments required under paragraph
 2926  (a). The amount of the distribution calculated shall then be
 2927  reduced by an amount equal to the debt service paid pursuant to
 2928  paragraph (a) on bonds issued after July 1, 2016, for the
 2929  purposes set forth under this subparagraph.
 2930         2. A minimum of the lesser of 7.6 percent or $50 million
 2931  shall be appropriated annually for spring restoration,
 2932  protection, and management projects. For the purpose of
 2933  performing the calculation provided in this subparagraph, the
 2934  amount of debt service paid pursuant to paragraph (a) for bonds
 2935  issued after July 1, 2016, for the purposes set forth under
 2936  paragraph (b) shall be added to the amount remaining after the
 2937  payments required under paragraph (a). The amount of the
 2938  distribution calculated shall then be reduced by an amount equal
 2939  to the debt service paid pursuant to paragraph (a) on bonds
 2940  issued after July 1, 2016, for the purposes set forth under this
 2941  subparagraph.
 2942         3. The sum of $5 million shall be appropriated annually
 2943  each fiscal year through the 2025-2026 fiscal year to the St.
 2944  Johns River Water Management District for projects dedicated to
 2945  the restoration of Lake Apopka. This distribution shall be
 2946  reduced by an amount equal to the debt service paid pursuant to
 2947  paragraph (a) on bonds issued after July 1, 2016, for the
 2948  purposes set forth in this subparagraph.
 2949         4. The sum of $64 million is appropriated and shall be
 2950  transferred to the Everglades Trust Fund for the 2018-2019
 2951  fiscal year, and each fiscal year thereafter, for the EAA
 2952  reservoir project pursuant to s. 373.4598. Any funds remaining
 2953  in any fiscal year shall be made available only for Phase II of
 2954  the C-51 reservoir project or projects identified in
 2955  subparagraph 1. and must be used in accordance with laws
 2956  relating to such projects. Any funds made available for such
 2957  purposes in a fiscal year are in addition to the amount
 2958  appropriated under subparagraph 1. This distribution shall be
 2959  reduced by an amount equal to the debt service paid pursuant to
 2960  paragraph (a) on bonds issued after July 1, 2017, for the
 2961  purposes set forth in this subparagraph.
 2962         5. Notwithstanding subparagraph 3., for the 2019-2020 2018
 2963  2019 fiscal year, funds shall be appropriated as provided in the
 2964  General Appropriations Act. This subparagraph expires July 1,
 2965  2020 2019.
 2966         Section 87. In order to implement Specific Appropriation
 2967  1781 of the 2019-2020 General Appropriations Act, paragraph (e)
 2968  of subsection (11) of section 216.181, Florida Statutes, is
 2969  amended to read:
 2970         216.181 Approved budgets for operations and fixed capital
 2971  outlay.—
 2972         (11)
 2973         (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
 2974  for the 2019-2020 2018-2019 fiscal year only, the Legislative
 2975  Budget Commission may increase the amounts appropriated to the
 2976  Department of Environmental Protection for fixed capital outlay
 2977  projects using funds provided to the state from the
 2978  environmental mitigation trust administered by a trustee
 2979  designated by the United States District Court for the Northern
 2980  District of California for eligible mitigation actions and
 2981  mitigation action expenditures described in the partial consent
 2982  decree entered into between the United States of America and
 2983  Volkswagen relating to violations of the Clean Air Act.
 2984  Concurrent with submission of an amendment to the Legislative
 2985  Budget Commission pursuant to this paragraph, any project that
 2986  carries a continuing commitment for future appropriations by the
 2987  Legislature must be specifically identified, together with the
 2988  projected amount of the future commitment associated with the
 2989  project and the fiscal years in which the commitment is expected
 2990  to commence. This paragraph expires July 1, 2020 2019.
 2991  
 2992  The provisions of this subsection are subject to the notice and
 2993  objection procedures set forth in s. 216.177.
 2994         Section 88. In order to implement Specific Appropriation
 2995  1542 of the 2019-2020 General Appropriations Act, and
 2996  notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
 2997  Department of Agriculture and Consumer Services may submit a
 2998  budget amendment, subject to the notice, review, and objection
 2999  procedures of s. 216.177, Florida Statutes, to increase budget
 3000  authority for the National School Lunch Program when necessary.
 3001  This section expires July 1, 2020.
 3002         Section 89. Effective upon becoming a law and in order to
 3003  implement Specific Appropriation 1464 through 1473 of the 2019
 3004  2020 General Appropriations Act, subsection (4) of section
 3005  570.441, Florida Statutes, is amended to read:
 3006         570.441 Pest Control Trust Fund.—
 3007         (4) In addition to the uses authorized under subsection
 3008  (2), moneys collected or received by the department under
 3009  chapter 482 may be used to carry out the provisions of s.
 3010  570.44. This subsection expires June 30, 2020 2019.
 3011         Section 90. In order to implement Specific Appropriation
 3012  1401 of the 2019-2020 General Appropriations Act, paragraph (a)
 3013  of subsection (1) of section 570.93, Florida Statutes, is
 3014  amended to read:
 3015         570.93 Department of Agriculture and Consumer Services;
 3016  agricultural water conservation and agricultural water supply
 3017  planning.—
 3018         (1) The department shall establish an agricultural water
 3019  conservation program that includes the following:
 3020         (a) A cost-share program, coordinated where appropriate
 3021  with the United States Department of Agriculture and other
 3022  federal, state, regional, and local agencies when appropriate,
 3023  for irrigation system retrofit and application of mobile
 3024  irrigation laboratory evaluations, and for water conservation
 3025  and as provided in this section and, where applicable, for water
 3026  quality improvement pursuant to s. 403.067(7)(c).
 3027         Section 91. The amendment to s. 570.93(1)(a), Florida
 3028  Statutes, by this act expires July 1, 2020, and the text of that
 3029  paragraph shall revert to that in existence on June 30, 2019,
 3030  except that any amendments to such text enacted other than by
 3031  this act shall be preserved and continue to operate to the
 3032  extent that such amendments are not dependent upon the portions
 3033  of text which expire pursuant to this section.
 3034         Section 92. In order to implement Specific Appropriations
 3035  1474 through 1481 of the 2019-2020 General Appropriations Act,
 3036  subsection (1) of section 525.07, Florida Statutes, is amended
 3037  to read:
 3038         525.07 Powers and duties of department; inspections;
 3039  unlawful acts.—
 3040         (1) The department shall inspect all measuring devices used
 3041  in selling or distributing petroleum fuel at wholesale and
 3042  retail. The department may affix a sticker to each petroleum
 3043  measuring device. Using only a combination of lettering,
 3044  numbering, words, or the department logo, the sticker must
 3045  signify that the device has been inspected by the department and
 3046  that the device owner is responsible for its proper use and
 3047  maintenance.
 3048         Section 93. The amendment to s. 525.07(1), Florida
 3049  Statutes, by this act expires July 1, 2020, and the text of that
 3050  subsection shall revert to that in existence on June 30, 2019,
 3051  except that any amendments to such text enacted other than by
 3052  this act shall be preserved and continue to operate to the
 3053  extent that such amendments are not dependent upon the portions
 3054  of text which expire pursuant to this section.
 3055         Section 94. In order to implement Specific Appropriation
 3056  1607 of the 2019-2020 General Appropriations Act, paragraph (m)
 3057  of subsection (3) of section 259.105, Florida Statutes, is
 3058  amended to read:
 3059         259.105 The Florida Forever Act.—
 3060         (3) Less the costs of issuing and the costs of funding
 3061  reserve accounts and other costs associated with bonds, the
 3062  proceeds of cash payments or bonds issued pursuant to this
 3063  section shall be deposited into the Florida Forever Trust Fund
 3064  created by s. 259.1051. The proceeds shall be distributed by the
 3065  Department of Environmental Protection in the following manner:
 3066         (m) Notwithstanding paragraphs (a)-(j) and for the 2019
 3067  2020 2018-2019 fiscal year, only:
 3068         1. the amount of $33 million $77 million to only the
 3069  Division of State Lands within the Department of Environmental
 3070  Protection for the Board of Trustees Florida Forever Priority
 3071  List land acquisition projects. This paragraph expires July 1,
 3072  2020.
 3073         2. The amount of $10 million to the Department of
 3074  Environmental Protection for use by the Florida Communities
 3075  Trust for the purposes of part III of chapter 380, as described
 3076  and limited by this subsection, and grants to local governments
 3077  or nonprofit environmental organizations that are tax-exempt
 3078  under s. 501(c)(3) of the United States Internal Revenue Code
 3079  for the acquisition of community-based projects, urban open
 3080  spaces, parks, and greenways to implement local government
 3081  comprehensive plans. From funds available to the trust and used
 3082  for land acquisition, 75 percent shall be matched by local
 3083  governments on a dollar-for-dollar basis. The Legislature
 3084  intends that the Florida Communities Trust emphasize funding
 3085  projects in low-income or otherwise disadvantaged communities
 3086  and projects that provide areas for direct water access and
 3087  water-dependent facilities that are open to the public and offer
 3088  public access by vessels to waters of the state, including boat
 3089  ramps and associated parking and other support facilities. At
 3090  least 30 percent of the total allocation provided to the trust
 3091  shall be used in Standard Metropolitan Statistical Areas, but
 3092  one-half of that amount shall be used in localities in which the
 3093  project site is located in built-up commercial, industrial, or
 3094  mixed-use areas and functions to intersperse open spaces within
 3095  congested urban core areas. From funds allocated to the trust,
 3096  no less than 5 percent shall be used to acquire lands for
 3097  recreational trail systems, provided that in the event these
 3098  funds are not needed for such projects, they will be available
 3099  for other trust projects. Local governments may use federal
 3100  grants or loans, private donations, or environmental mitigation
 3101  funds for any part or all of any local match required for
 3102  acquisitions funded through the Florida Communities Trust. Any
 3103  lands purchased by nonprofit organizations using funds allocated
 3104  under this paragraph must provide for such lands to remain
 3105  permanently in public use through a reversion of title to local
 3106  or state government, conservation easement, or other appropriate
 3107  mechanism. Projects funded with funds allocated to the trust
 3108  shall be selected in a competitive process measured against
 3109  criteria adopted in rule by the trust.
 3110         3. The sum of $2 million to the Department of Environmental
 3111  Protection for the acquisition of land and capital project
 3112  expenditures necessary to implement the Stan Mayfield Working
 3113  Waterfronts Program within the Florida Communities Trust
 3114  pursuant to s. 380.5105.
 3115         4. The sum of $2 million to the Department of Environmental
 3116  Protection for grants pursuant to s. 375.075(1)-(4).
 3117  
 3118  This paragraph expires July 1, 2019.
 3119         Section 95. In order to implement Specific Appropriation
 3120  2682 of the 2019-2020 General Appropriations Act, paragraph (b)
 3121  of subsection (3) and subsection (5) of section 321.04, Florida
 3122  Statutes, are amended to read:
 3123         321.04 Personnel of the highway patrol; rank
 3124  classifications; probationary status of new patrol officers;
 3125  subsistence; special assignments.—
 3126         (3)
 3127         (b) For the 2019-2020 2018-2019 fiscal year only, upon the
 3128  request of the Governor, the Department of Highway Safety and
 3129  Motor Vehicles shall assign one or more patrol officers to the
 3130  office of the patrol officer shall be assigned to the Lieutenant
 3131  Governor for security services. This paragraph expires July 1,
 3132  2020 2019.
 3133         (5) For the 2019-2020 2018-2019 fiscal year only, the
 3134  assignment of a patrol officer by the department shall include a
 3135  Cabinet member specified in s. 4, Art. IV of the State
 3136  Constitution if deemed appropriate by the department or in
 3137  response to a threat and upon written request of such Cabinet
 3138  member. This subsection expires July 1, 2020 2019.
 3139         Section 96. In order to implement Specific Appropriations
 3140  2316 and 2316A of the 2019-2020 General Appropriations Act,
 3141  subsection (3) of section 420.9079, Florida Statutes, is amended
 3142  to read:
 3143         420.9079 Local Government Housing Trust Fund.—
 3144         (3) For the 2019-2020 2018-2019 fiscal year, funds may be
 3145  used as provided in the General Appropriations Act. This
 3146  subsection expires July 1, 2020 2019.
 3147         Section 97. In order to implement Specific Appropriations
 3148  2315 and 2316A of the 2019-2020 General Appropriations Act,
 3149  subsection (2) of section 420.0005, Florida Statutes, is amended
 3150  to read:
 3151         420.0005 State Housing Trust Fund; State Housing Fund.—
 3152         (2) For the 2019-2020 2018-2019 fiscal year, funds may be
 3153  used as provided in the General Appropriations Act. This
 3154  subsection expires July 1, 2020 2019.
 3155         Section 98. In order to implement Specific Appropriation
 3156  2314 of the 2019-2020 General Appropriations Act, subsection (6)
 3157  is added to section 288.0655, Florida Statutes, to read:
 3158         288.0655 Rural Infrastructure Fund.—
 3159         (6)For the 2019-2020 fiscal year, the funds appropriated
 3160  for the grant program for Florida Panhandle counties shall be
 3161  distributed pursuant to and for the purposes described in the
 3162  proviso language associated with Specific Appropriation 2314 of
 3163  the 2019-2020 General Appropriations Act. This subsection
 3164  expires July 1, 2020.
 3165         Section 99. In order to implement Specific Appropriation
 3166  2328 of the 2019-2020 General Appropriations Act, subsection
 3167  (14) of section 288.1226, Florida Statutes, is amended to read:
 3168         288.1226 Florida Tourism Industry Marketing Corporation;
 3169  use of property; board of directors; duties; audit.—
 3170         (14) REPEAL.—This section is repealed July 1, 2020 October
 3171  1, 2019, unless reviewed and saved from repeal by the
 3172  Legislature.
 3173         Section 100. In order to implement Specific Appropriation
 3174  2328 of the 2019-2020 General Appropriations Act, subsection (6)
 3175  of section 288.923, Florida Statutes, is amended to read:
 3176         288.923 Division of Tourism Marketing; definitions;
 3177  responsibilities.—
 3178         (6) This section is repealed July 1, 2020 October 1, 2019,
 3179  unless reviewed and saved from repeal by the Legislature.
 3180         Section 101. In order to implement Specific Appropriations
 3181  1939 through 1952, 1958 through 1961, 1974 through 1982, 1984
 3182  through 1993, and 2033 through 2045 of the 2019-2020 General
 3183  Appropriations Act, paragraph (g) of subsection (7) of section
 3184  339.135, Florida Statutes, is amended to read:
 3185         339.135 Work program; legislative budget request;
 3186  definitions; preparation, adoption, execution, and amendment.—
 3187         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 3188         (g)1. Any work program amendment which also requires the
 3189  transfer of fixed capital outlay appropriations between
 3190  categories within the department or the increase of an
 3191  appropriation category is subject to the approval of the
 3192  Legislative Budget Commission.
 3193         2. If a meeting of the Legislative Budget Commission cannot
 3194  be held within 30 days after the department submits an amendment
 3195  to the Legislative Budget Commission, the chair and vice chair
 3196  of the Legislative Budget Commission may authorize such
 3197  amendment to be approved pursuant to s. 216.177. This
 3198  subparagraph expires July 1, 2020.
 3199         Section 102. In order to implement Specific Appropriation
 3200  1975 of the 2019-2020 General Appropriations Act, subsection (8)
 3201  is added to section 339.2818, Florida Statutes, to read:
 3202         339.2818 Small County Outreach Program.—
 3203         (8) Subject to a specific appropriation in addition to
 3204  funds annually appropriated for projects under this section, a
 3205  county or a municipality that is within a county designated in
 3206  the Federal Emergency Management Agency disaster declaration DR
 3207  4399 may compete for the additional project funding using the
 3208  criteria listed in subsection (4) at up to 100 percent of
 3209  project costs to repair damage due to Hurricane Michael,
 3210  excluding capacity improvement projects. This subsection expires
 3211  July 1, 2020.
 3212         Section 103. In order to implement Specific Appropriation
 3213  2624 of the 2019-2020 General Appropriations Act, paragraph (d)
 3214  is added to subsection (4) of section 112.061, Florida Statutes,
 3215  to read:
 3216         112.061 Per diem and travel expenses of public officers,
 3217  employees, and authorized persons.—
 3218         (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
 3219  officer or employee assigned to an office shall be the city or
 3220  town in which the office is located except that:
 3221         (d) A Lieutenant Governor who permanently resides outside
 3222  of Leon County, may, if he or she so requests, have an
 3223  appropriate facility in his or her county designated as his or
 3224  her official headquarters for purposes of this section. This
 3225  official headquarters may only serve as the Lieutenant
 3226  Governor’s personal office. The Lieutenant Governor may not use
 3227  state funds to lease space in any facility for his or her
 3228  official headquarters.
 3229         1. A Lieutenant Governor for whom an official headquarters
 3230  is established in his or her county of residence pursuant to
 3231  this paragraph is eligible for subsistence at a rate to be
 3232  established by the Governor for each day or partial day that the
 3233  Lieutenant Governor is at the State Capitol to conduct official
 3234  state business. In addition to the subsistence allowance, a
 3235  Lieutenant Governor is eligible for reimbursement for
 3236  transportation expenses as provided in subsection (7) for travel
 3237  between the Lieutenant Governor’s official headquarters and the
 3238  State Capitol to conduct state business.
 3239         2. Payment of subsistence and reimbursement for
 3240  transportation between a Lieutenant Governor’s official
 3241  headquarters and the State Capitol shall be made to the extent
 3242  appropriated funds are available, as determined by the Governor.
 3243         3. This paragraph expires July 1, 2020.
 3244         Section 104. In order to implement the salaries and
 3245  benefits, expenses, other personal services, contracted
 3246  services, special categories, and operating capital outlay
 3247  categories of the 2019-2020 General Appropriations Act,
 3248  paragraph (a) of subsection (2) of section 216.292, Florida
 3249  Statutes, is amended to read:
 3250         216.292 Appropriations nontransferable; exceptions.—
 3251         (2) The following transfers are authorized to be made by
 3252  the head of each department or the Chief Justice of the Supreme
 3253  Court whenever it is deemed necessary by reason of changed
 3254  conditions:
 3255         (a) The transfer of appropriations funded from identical
 3256  funding sources, except appropriations for fixed capital outlay,
 3257  and the transfer of amounts included within the total original
 3258  approved budget and plans of releases of appropriations as
 3259  furnished pursuant to ss. 216.181 and 216.192, as follows:
 3260         1. Between categories of appropriations within a budget
 3261  entity, if no category of appropriation is increased or
 3262  decreased by more than 5 percent of the original approved budget
 3263  or $250,000, whichever is greater, by all action taken under
 3264  this subsection.
 3265         2. Between budget entities within identical categories of
 3266  appropriations, if no category of appropriation is increased or
 3267  decreased by more than 5 percent of the original approved budget
 3268  or $250,000, whichever is greater, by all action taken under
 3269  this subsection.
 3270         3. Any agency exceeding salary rate established pursuant to
 3271  s. 216.181(8) on June 30th of any fiscal year shall not be
 3272  authorized to make transfers pursuant to subparagraphs 1. and 2.
 3273  in the subsequent fiscal year.
 3274         4. Notice of proposed transfers under subparagraphs 1. and
 3275  2. shall be provided to the Executive Office of the Governor and
 3276  the chairs of the legislative appropriations committees at least
 3277  3 days prior to agency implementation in order to provide an
 3278  opportunity for review. The review shall be limited to ensuring
 3279  that the transfer is in compliance with the requirements of this
 3280  paragraph.
 3281         5. For the 2019-2020 2018-2019 fiscal year, the review
 3282  shall ensure that transfers proposed pursuant to this paragraph
 3283  comply with this chapter, maximize the use of available and
 3284  appropriate trust funds, and are not contrary to legislative
 3285  policy and intent. This subparagraph expires July 1, 2020 2019.
 3286         Section 105. In order to implement section 8 of the 2019
 3287  2020 General Appropriations Act, notwithstanding s.
 3288  110.123(3)(f) and (j), Florida Statutes, the Department of
 3289  Management Services shall maintain and offer the same PPO and
 3290  HMO health plan alternatives to the participants of the State
 3291  Group Health Insurance Program during the 2019-2020 fiscal year
 3292  which were in effect for the 2018-2019 fiscal year. This section
 3293  expires July 1, 2020.
 3294         Section 106. In order to implement the appropriation of
 3295  funds in the special categories, contracted services, and
 3296  expenses categories of the 2019-2020 General Appropriations Act,
 3297  a state agency may not initiate a competitive solicitation for a
 3298  product or service if the completion of such competitive
 3299  solicitation would:
 3300         (1)Require a change in law; or
 3301         (2)Require a change to the agency’s budget other than a
 3302  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 3303  unless the initiation of such competitive solicitation is
 3304  specifically authorized in law, in the General Appropriations
 3305  Act, or by the Legislative Budget Commission.
 3306  
 3307  This section does not apply to a competitive solicitation for
 3308  which the agency head certifies that a valid emergency exists.
 3309  This section expires July 1, 2020.
 3310         Section 107. In order to implement appropriations for
 3311  salaries and benefits in the 2019-2020 General Appropriations
 3312  Act, subsection (6) of section 112.24, Florida Statutes, is
 3313  amended to read:
 3314         112.24 Intergovernmental interchange of public employees.
 3315  To encourage economical and effective utilization of public
 3316  employees in this state, the temporary assignment of employees
 3317  among agencies of government, both state and local, and
 3318  including school districts and public institutions of higher
 3319  education is authorized under terms and conditions set forth in
 3320  this section. State agencies, municipalities, and political
 3321  subdivisions are authorized to enter into employee interchange
 3322  agreements with other state agencies, the Federal Government,
 3323  another state, a municipality, or a political subdivision
 3324  including a school district, or with a public institution of
 3325  higher education. State agencies are also authorized to enter
 3326  into employee interchange agreements with private institutions
 3327  of higher education and other nonprofit organizations under the
 3328  terms and conditions provided in this section. In addition, the
 3329  Governor or the Governor and Cabinet may enter into employee
 3330  interchange agreements with a state agency, the Federal
 3331  Government, another state, a municipality, or a political
 3332  subdivision including a school district, or with a public
 3333  institution of higher learning to fill, subject to the
 3334  requirements of chapter 20, appointive offices which are within
 3335  the executive branch of government and which are filled by
 3336  appointment by the Governor or the Governor and Cabinet. Under
 3337  no circumstances shall employee interchange agreements be
 3338  utilized for the purpose of assigning individuals to participate
 3339  in political campaigns. Duties and responsibilities of
 3340  interchange employees shall be limited to the mission and goals
 3341  of the agencies of government.
 3342         (6) For the 2019-2020 2018-2019 fiscal year only, the
 3343  assignment of an employee of a state agency as provided in this
 3344  section may be made if recommended by the Governor or Chief
 3345  Justice, as appropriate, and approved by the chairs of the
 3346  legislative appropriations committees. Such actions shall be
 3347  deemed approved if neither chair provides written notice of
 3348  objection within 14 days after receiving notice of the action
 3349  pursuant to s. 216.177. This subsection expires July 1, 2020
 3350  2019.
 3351         Section 108. In order to implement Specific Appropriations
 3352  2751 and 2752 of the 2019-2020 General Appropriations Act, and
 3353  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 3354  salaries for members of the Legislature for the 2019-2020 fiscal
 3355  year shall be set at the same level in effect on July 1, 2010.
 3356  This section expires July 1, 2020.
 3357         Section 109. In order to implement the transfer of funds to
 3358  the General Revenue Fund from trust funds for the 2019-2020
 3359  General Appropriations Act, and notwithstanding the expiration
 3360  date in section 83 of chapter 2018-10, Laws of Florida,
 3361  paragraph (b) of subsection (2) of section 215.32, Florida
 3362  Statutes, is reenacted to read:
 3363         215.32 State funds; segregation.—
 3364         (2) The source and use of each of these funds shall be as
 3365  follows:
 3366         (b)1. The trust funds shall consist of moneys received by
 3367  the state which under law or under trust agreement are
 3368  segregated for a purpose authorized by law. The state agency or
 3369  branch of state government receiving or collecting such moneys
 3370  is responsible for their proper expenditure as provided by law.
 3371  Upon the request of the state agency or branch of state
 3372  government responsible for the administration of the trust fund,
 3373  the Chief Financial Officer may establish accounts within the
 3374  trust fund at a level considered necessary for proper
 3375  accountability. Once an account is established, the Chief
 3376  Financial Officer may authorize payment from that account only
 3377  upon determining that there is sufficient cash and releases at
 3378  the level of the account.
 3379         2. In addition to other trust funds created by law, to the
 3380  extent possible, each agency shall use the following trust funds
 3381  as described in this subparagraph for day-to-day operations:
 3382         a. Operations or operating trust fund, for use as a
 3383  depository for funds to be used for program operations funded by
 3384  program revenues, with the exception of administrative
 3385  activities when the operations or operating trust fund is a
 3386  proprietary fund.
 3387         b. Operations and maintenance trust fund, for use as a
 3388  depository for client services funded by third-party payors.
 3389         c. Administrative trust fund, for use as a depository for
 3390  funds to be used for management activities that are departmental
 3391  in nature and funded by indirect cost earnings and assessments
 3392  against trust funds. Proprietary funds are excluded from the
 3393  requirement of using an administrative trust fund.
 3394         d. Grants and donations trust fund, for use as a depository
 3395  for funds to be used for allowable grant or donor agreement
 3396  activities funded by restricted contractual revenue from private
 3397  and public nonfederal sources.
 3398         e. Agency working capital trust fund, for use as a
 3399  depository for funds to be used pursuant to s. 216.272.
 3400         f. Clearing funds trust fund, for use as a depository for
 3401  funds to account for collections pending distribution to lawful
 3402  recipients.
 3403         g. Federal grant trust fund, for use as a depository for
 3404  funds to be used for allowable grant activities funded by
 3405  restricted program revenues from federal sources.
 3406  
 3407  To the extent possible, each agency must adjust its internal
 3408  accounting to use existing trust funds consistent with the
 3409  requirements of this subparagraph. If an agency does not have
 3410  trust funds listed in this subparagraph and cannot make such
 3411  adjustment, the agency must recommend the creation of the
 3412  necessary trust funds to the Legislature no later than the next
 3413  scheduled review of the agency’s trust funds pursuant to s.
 3414  215.3206.
 3415         3. All such moneys are hereby appropriated to be expended
 3416  in accordance with the law or trust agreement under which they
 3417  were received, subject always to the provisions of chapter 216
 3418  relating to the appropriation of funds and to the applicable
 3419  laws relating to the deposit or expenditure of moneys in the
 3420  State Treasury.
 3421         4.a. Notwithstanding any provision of law restricting the
 3422  use of trust funds to specific purposes, unappropriated cash
 3423  balances from selected trust funds may be authorized by the
 3424  Legislature for transfer to the Budget Stabilization Fund and
 3425  General Revenue Fund in the General Appropriations Act.
 3426         b. This subparagraph does not apply to trust funds required
 3427  by federal programs or mandates; trust funds established for
 3428  bond covenants, indentures, or resolutions whose revenues are
 3429  legally pledged by the state or public body to meet debt service
 3430  or other financial requirements of any debt obligations of the
 3431  state or any public body; the Division of Licensing Trust Fund
 3432  in the Department of Agriculture and Consumer Services; the
 3433  State Transportation Trust Fund; the trust fund containing the
 3434  net annual proceeds from the Florida Education Lotteries; the
 3435  Florida Retirement System Trust Fund; trust funds under the
 3436  management of the State Board of Education or the Board of
 3437  Governors of the State University System, where such trust funds
 3438  are for auxiliary enterprises, self-insurance, and contracts,
 3439  grants, and donations, as those terms are defined by general
 3440  law; trust funds that serve as clearing funds or accounts for
 3441  the Chief Financial Officer or state agencies; trust funds that
 3442  account for assets held by the state in a trustee capacity as an
 3443  agent or fiduciary for individuals, private organizations, or
 3444  other governmental units; and other trust funds authorized by
 3445  the State Constitution.
 3446         Section 110. The text of s. 215.32(2)(b), Florida Statutes,
 3447  as carried forward from chapter 2011-47, Laws of Florida, by
 3448  this act, expires July 1, 2020, and the text of that paragraph
 3449  shall revert to that in existence on June 30, 2011, except that
 3450  any amendments to such text enacted other than by this act shall
 3451  be preserved and continue to operate to the extent that such
 3452  amendments are not dependent upon the portions of text which
 3453  expire pursuant to this section.
 3454         Section 111. In order to implement appropriations in the
 3455  2019-2020 General Appropriations Act for state employee travel,
 3456  the funds appropriated to each state agency which may be used
 3457  for travel by state employees are limited during the 2019-2020
 3458  fiscal year to travel for activities that are critical to each
 3459  state agency’s mission. Funds may not be used for travel by
 3460  state employees to foreign countries, other states, conferences,
 3461  staff training activities, or other administrative functions
 3462  unless the agency head has approved, in writing, that such
 3463  activities are critical to the agency’s mission. The agency head
 3464  shall consider using teleconferencing and other forms of
 3465  electronic communication to meet the needs of the proposed
 3466  activity before approving mission-critical travel. This section
 3467  does not apply to travel for law enforcement purposes, military
 3468  purposes, emergency management activities, or public health
 3469  activities. This section expires July 1, 2020.
 3470         Section 112. In order to implement appropriations in the
 3471  2019-2020 General Appropriations Act for state employee travel
 3472  and notwithstanding s. 112.061, Florida Statutes, costs for
 3473  lodging associated with a meeting, conference, or convention
 3474  organized or sponsored in whole or in part by a state agency or
 3475  the judicial branch may not exceed $150 per day. An employee may
 3476  expend his or her own funds for any lodging expenses in excess
 3477  of $150 per day. For purposes of this section, a meeting does
 3478  not include travel activities for conducting an audit,
 3479  examination, inspection, or investigation or travel activities
 3480  related to a litigation or emergency response. This section
 3481  expires July 1, 2020.
 3482         Section 113. In order to implement the appropriation of
 3483  funds in the special categories, contracted services, and
 3484  expenses categories of the 2019-2020 General Appropriations Act,
 3485  a state agency may not enter into a contract containing a
 3486  nondisclosure clause that prohibits the contractor from
 3487  disclosing information relevant to the performance of the
 3488  contract to members or staff of the Senate or the House of
 3489  Representatives. This section expires July 1, 2020.
 3490         Section 114. Any section of this act which implements a
 3491  specific appropriation or specifically identified proviso
 3492  language in the 2019-2020 General Appropriations Act is void if
 3493  the specific appropriation or specifically identified proviso
 3494  language is vetoed. Any section of this act which implements
 3495  more than one specific appropriation or more than one portion of
 3496  specifically identified proviso language in the 2019-2020
 3497  General Appropriations Act is void if all the specific
 3498  appropriations or portions of specifically identified proviso
 3499  language are vetoed.
 3500         Section 115. If any other act passed during the 2019
 3501  Regular Session of the Legislature contains a provision that is
 3502  substantively the same as a provision in this act, but that
 3503  removes or is otherwise not subject to the future repeal applied
 3504  to such provision by this act, the Legislature intends that the
 3505  provision in the other act takes precedence and continues to
 3506  operate, notwithstanding the future repeal provided by this act.
 3507         Section 116. If any provision of this act or its
 3508  application to any person or circumstance is held invalid, the
 3509  invalidity does not affect other provisions or applications of
 3510  the act which can be given effect without the invalid provision
 3511  or application, and to this end the provisions of this act are
 3512  severable.
 3513         Section 117. Except as otherwise expressly provided in this
 3514  act and except for this section, which shall take effect upon
 3515  this act becoming a law, this act shall take effect July 1,
 3516  2019; or, if this act fails to become a law until after that
 3517  date, it shall take effect upon becoming a law and shall operate
 3518  retroactively to July 1, 2019.

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