Bill Text: FL S2502 | 2024 | Regular Session | Introduced
Bill Title: Implementing the 2024-2025 General Appropriations Act
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-08 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2024-S2502-Introduced.html
Florida Senate - 2024 SB 2502
By the Committee on Appropriations
576-02690-24 20242502__
1 A bill to be entitled
2 An act implementing the 2024-2025 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; reenacting and
6 amending s. 1002.68, F.S.; extending for 1 fiscal year
7 certain requirements for the Voluntary Prekindergarten
8 Education Program; providing for the future expiration
9 and reversion of specified statutory text; requiring
10 the Department of Revenue to provide the taxable value
11 for the Wakulla County School District by a specified
12 date to be used for certain education funding programs
13 and calculations; amending s. 1004.6495, F.S.;
14 requiring the Board of Governors and the State Board
15 of Education, in consultation with the Florida Center
16 for Students with Unique Abilities, to establish a
17 specified code by a specified date; authorizing the
18 Agency for Health Care Administration to submit budget
19 amendments within a specified timeframe to increase
20 budget authority to support the implementation of the
21 Medicaid home and community-based services Medicaid
22 waiver program of the Agency for Persons with
23 Disabilities; authorizing the Agency for Health Care
24 Administration to submit a budget amendment for
25 additional spending authority for the Disproportionate
26 Share Hospital Program; requiring the budget amendment
27 to include certain information; authorizing the Agency
28 for Health Care Administration to submit a budget
29 amendment to realign funding within the Medicaid
30 program appropriation categories for a specified
31 purpose; specifying the time period within which the
32 budget amendment must be submitted; authorizing the
33 Agency for Health Care Administration to submit a
34 budget amendment to realign funding within the Florida
35 Kidcare program appropriation categories or increase
36 budget authority for certain purposes; specifying the
37 time period within which the budget amendment must be
38 submitted; amending s. 381.986, F.S.; extending for 1
39 fiscal year the exemption of certain rules pertaining
40 to the medical use of marijuana from certain
41 rulemaking requirements; amending s. 14(1), chapter
42 2017-232, Laws of Florida; exempting certain rules
43 pertaining to medical marijuana adopted to replace
44 emergency rules from specified rulemaking
45 requirements; providing for the future expiration and
46 reversion of a specified law; authorizing the Agency
47 for Health Care Administration to submit budget
48 amendments seeking additional spending authority to
49 implement specified programs and payments; requiring
50 institutions participating in a specified workforce
51 expansion and education program to provide quarterly
52 reports to the agency; authorizing the Agency for
53 Health Care Administration to submit a budget
54 amendment seeking additional spending authority to
55 implement the Low-Income Pool component of the Florida
56 Managed Medical Assistance Demonstration; requiring a
57 certain signed attestation and acknowledgment for
58 entities relating to the Low-Income Pool; authorizing
59 the Agency for Health Care Administration to submit a
60 budget amendment to implement certain payments and
61 specified programs; authorizing the Agency for Health
62 Care Administration to submit a budget amendment
63 requesting additional spending authority to implement
64 a specified program; authorizing the Department of
65 Children and Families to submit a budget amendment to
66 realign funding within specified areas of the
67 department based on implementation of the Guardianship
68 Assistance Program; authorizing the Department of
69 Children and Families, the Department of Health, and
70 the Agency for Health Care Administration to submit
71 budget amendments to increase budget authority to
72 support certain refugee programs; requiring the
73 Department of Children and Families to submit
74 specified quarterly reports to the Executive Office of
75 the Governor and the Legislature; authorizing the
76 Department of Children and Families to submit budget
77 amendments to increase budget authority to support
78 specified federal grant programs; authorizing the
79 Department of Health to submit a budget amendment to
80 increase budget authority for the Supplemental
81 Nutrition Program for Women, Infants, and Children
82 (WIC) and the Child Care Food Program if a certain
83 condition is met; authorizing the Department of Health
84 to submit a budget amendment to increase budget
85 authority for the HIV/AIDS Prevention and Treatment
86 Program if a certain condition is met; authorizing the
87 Department of Health to submit a budget amendment to
88 increase budget authority for the department if
89 additional federal revenues specific to COVID-19
90 relief funds become available; authorizing the balance
91 of certain appropriations for the Pediatric Rare
92 Disease Research Grant Program to be carried forward
93 for a specified period of time; requiring the Agency
94 for Health Care Administration to replace the Florida
95 Medicaid Management Information System (FMMIS) and
96 fiscal agent operations with a specified new system;
97 specifying items that may not be included in the new
98 system; providing directives to the Agency for Health
99 Care Administration related to the new Florida Health
100 Care Connection (FX) system; requiring the Agency for
101 Health Care Administration to meet certain
102 requirements in replacing FMMIS and the current
103 Medicaid fiscal agent; requiring the Agency for Health
104 Care Administration to implement a project governance
105 structure that includes an executive steering
106 committee; providing procedures for use by the
107 executive steering committee; providing
108 responsibilities of the executive steering committee;
109 requiring the Agency for Health Care Administration,
110 in consultation with the Department of Health, the
111 Agency for Persons with Disabilities, the Department
112 of Children and Families, and the Department of
113 Corrections, to competitively procure a contract with
114 a vendor to negotiate prices for certain prescribed
115 drugs and biological products; providing requirements
116 for such contract; authorizing the Agency for Persons
117 with Disabilities to submit budget amendments to
118 transfer funding from the Salaries and Benefits
119 appropriation categories for a specified purpose;
120 authorizing the Department of Veterans’ Affairs to
121 submit a budget amendment for specified purposes if
122 additional direct care staff are needed to meet its
123 established staffing ratio; amending s. 409.915, F.S.;
124 extending for 1 fiscal year the exclusion of certain
125 funds from the definition of the term “state Medicaid
126 expenditures”; amending s. 216.262, F.S.; extending
127 for 1 fiscal year the authority of the Department of
128 Corrections to submit a budget amendment for
129 additional positions and appropriations under certain
130 circumstances; requiring review and approval by the
131 Legislative Budget Commission; amending s. 215.18,
132 F.S.; extending for 1 fiscal year the authority and
133 related repayment requirements for temporary trust
134 fund loans to the state court system which are
135 sufficient to meet the system’s appropriation;
136 requiring the Department of Juvenile Justice to review
137 county juvenile detention payments to determine
138 whether a county has met specified financial
139 responsibilities; requiring amounts owed by the county
140 for such financial responsibilities to be deducted
141 from certain county funds; requiring the Department of
142 Revenue to transfer withheld funds to a specified
143 trust fund; requiring the Department of Revenue to
144 ensure that such reductions in amounts distributed do
145 not reduce distributions below amounts necessary for
146 certain payments due on bonds and to comply with bond
147 covenants; requiring the Department of Revenue to
148 notify the Department of Juvenile Justice if bond
149 payment requirements mandate a reduction in deductions
150 for amounts owed by a county; reenacting s. 27.40(1),
151 (2)(a), (3)(a), (5), (6), and (7), F.S., relating to
152 court-appointed counsel; extending for 1 fiscal year
153 provisions governing the appointment of court
154 appointed counsel; providing for the future expiration
155 and reversion of specified statutory text; reenacting
156 and amending s. 27.5304, F.S.; extending for 1 fiscal
157 year limitations on compensation for representation in
158 criminal proceedings; providing for the future
159 expiration and reversion of specified statutory text;
160 amending s. 934.50, F.S.; extending for 1 fiscal year
161 the drone replacement grant program within the
162 Department of Law Enforcement; revising the
163 eligibility for and use of program funds; requiring
164 the Department of Management Services to use tenant
165 broker services to renegotiate or reprocure certain
166 private lease agreements for office or storage space;
167 requiring the Department of Management Services to
168 provide a report to the Governor and the Legislature
169 by a specified date; prohibiting an agency from
170 transferring funds from a data processing category to
171 another category that is not a data processing
172 category; authorizing the Executive Office of the
173 Governor to transfer funds between departments for
174 purposes of aligning amounts paid for risk management
175 insurance and for human resources services purchased
176 per statewide contract; authorizing the Department of
177 Management Services to use certain facility
178 disposition funds from the Architects Incidental Trust
179 Fund to pay for certain relocation expenses;
180 authorizing the Department of Management Services to
181 submit budget amendments for certain purposes related
182 to the relocation; authorizing the Department of
183 Management Services to acquire additional state-owned
184 office buildings or property for inclusion in the
185 Florida Facilities Pool; requiring the Department of
186 Financial Services to replace specified components of
187 the Florida Accounting Information Resource Subsystem
188 (FLAIR) and the Cash Management Subsystem (CMS);
189 requiring the Department of Financial Services to take
190 certain actions regarding FLAIR and CMS replacement;
191 providing for the composition of an executive steering
192 committee to oversee FLAIR and CMS replacement;
193 prescribing duties and responsibilities of the
194 executive steering committee; reenacting s.
195 282.709(3), F.S., relating to the state agency law
196 enforcement radio system and interoperability network;
197 providing for future expiration and reversion of
198 specified statutory text; authorizing state agencies
199 and other eligible users of the Statewide Law
200 Enforcement Radio System to use the Department of
201 Management Services contract to purchase equipment and
202 services; requiring a specified transaction fee
203 percentage for use of the online procurement system;
204 amending s. 717.123, F.S.; extending for 1 fiscal year
205 the authority of the Department of Financial Services
206 to retain certain funds relating to unclaimed property
207 and to make specified payments; amending s. 120.80,
208 F.S.; extending for 1 fiscal year the exclusion of
209 certain rules adopted by the Florida Public Service
210 Commission in a certain fiscal year to specified
211 provisions; amending s. 215.18, F.S.; extending for 1
212 fiscal year the authority of the Governor, if there is
213 a specified temporary deficiency in a land acquisition
214 trust fund in the Department of Agriculture and
215 Consumer Services, the Department of Environmental
216 Protection, the Department of State, or the Fish and
217 Wildlife Conservation Commission, to transfer funds
218 from other trust funds in the State Treasury as a
219 temporary loan to such trust fund; providing a
220 deadline for the repayment of such temporary loan;
221 requiring the Department of Environmental Protection
222 to transfer designated proportions of the revenues
223 deposited in the Land Acquisition Trust Fund within
224 the department to land acquisition trust funds in the
225 Department of Agriculture and Consumer Services, the
226 Department of State, and the Fish and Wildlife
227 Conservation Commission according to specified
228 parameters and calculations; defining the term
229 “department”; requiring the Department of
230 Environmental Protection to make transfers to land
231 acquisition trust funds monthly; specifying the method
232 of determining transfer amounts; authorizing the
233 Department of Environmental Protection to advance
234 funds from its land acquisition trust fund to the Fish
235 and Wildlife Conservation Commission’s land
236 acquisition trust fund for specified purposes;
237 amending s. 259.105, F.S.; extending for 1 fiscal year
238 the distribution of proceeds from the Florida Forever
239 Trust Fund; reenacting s. 376.3071(15)(g), F.S.,
240 relating to the Inland Protection Trust Fund;
241 exempting specified costs incurred by certain
242 petroleum storage system owners or operators during a
243 specified period from the prohibition against making
244 payments in excess of amounts approved by the
245 Department of Environmental Protection; providing for
246 the future expiration and reversion of specified
247 statutory text; requiring the Department of Citrus to
248 enter into agreements to expedite the increased
249 production of certain citrus trees and commercialize
250 certain technologies; specifying a timeframe for
251 entering into such agreements; requiring a specified
252 certification; creating s. 601.295, F.S.; creating the
253 Citrus Recovery Loan Program within the Department of
254 Agriculture and Consumer Services for a specified
255 purpose; providing requirements for application to and
256 the disbursement of funds within the program;
257 providing requirements and terms for the loans;
258 authorizing the Department of Agriculture and Consumer
259 Services to adopt rules; creating the Local Government
260 Water Supply Grant Program within the Department of
261 Environmental Protection; providing the purpose of the
262 program; providing eligibility requirements; requiring
263 the Department of Environmental Protection to
264 expeditiously develop an application process;
265 authorizing the Department of Environmental Protection
266 to adopt rules; amending s. 380.5105, F.S.; providing
267 legislative intent; creating, subject to
268 appropriation, the working waterfronts capital outlay
269 grant program; specifying the purpose of the grant
270 program; providing eligible costs and expenditures for
271 the grant program; providing requirements for the
272 program; requiring the Department of Environmental
273 Protection to implement a process to monitor and
274 evaluate grant recipient performance; amending s.
275 321.04, F.S.; extending for 1 fiscal year the
276 requirement that the Department of Highway Safety and
277 Motor Vehicles assign one or more patrol officers to
278 the office of Lieutenant Governor for security
279 purposes, upon request of the Governor; extending for
280 1 fiscal year the requirement that the Department of
281 Highway Safety and Motor Vehicles assign a patrol
282 officer to a Cabinet member under certain
283 circumstances; amending s. 288.80125, F.S.; extending
284 for 1 fiscal year a requirement that funds in the
285 Triumph Gulf Coast Trust Fund be related to Hurricane
286 Michael recovery; reenacting s. 288.8013(3), F.S.,
287 relating to the Triumph Gulf Coast Trust Fund;
288 providing for the future expiration and reversion of
289 specified statutory text; amending s. 339.08, F.S.;
290 appropriating funds to the State Transportation Trust
291 Fund from the General Revenue Fund as provided in the
292 General Appropriations Act; amending s. 339.135, F.S.;
293 extending for 1 fiscal year the authority for the
294 chair and vice chair of the Legislative Budget
295 Commission to approve certain work program amendments
296 under specified circumstances; reenacting and amending
297 s. 250.245, F.S.; extending for 1 fiscal year the
298 Florida National Guard Joint Enlistment Enhancement
299 Program within the Department of Military Affairs;
300 amending s. 288.0655, F.S.; extending for 1 fiscal
301 year a requirement that certain appropriated funds
302 relating to the Rural Infrastructure Fund be
303 distributed in a specified manner; authorizing the
304 Division of Emergency Management to submit budget
305 amendments to increase budget authority for certain
306 project expenditures; amending s. 112.061, F.S.;
307 extending for 1 fiscal year the authorization for the
308 Lieutenant Governor to designate an alternative
309 official headquarters under certain conditions;
310 specifying restrictions, limitations, eligibility for
311 the subsistence allowance, reimbursement of
312 transportation expenses, and payment thereof;
313 requiring the Department of Management Services to
314 assess an administrative health insurance assessment
315 on each state agency; providing the rate of such
316 assessment; defining the term “state agency”;
317 providing how a state agency shall remit certain
318 funds; requiring the Department of Management Services
319 to take certain actions in case of delinquencies;
320 requiring the Chief Financial Officer to transfer
321 funds under specified circumstances; providing an
322 exception; requiring state agencies to provide a list
323 of positions that qualify for such exception by a
324 specified date and to update the list monthly
325 thereafter; requiring state agencies to include the
326 administrative health insurance assessment in their
327 indirect cost plan; requiring agencies to notify the
328 Department of Management Services regarding the
329 approval of their updated indirect cost plans;
330 authorizing the Executive Office of the Governor to
331 transfer budget authority between agencies in
332 specified circumstances; providing that the annual
333 salaries of the members of the Legislature be
334 maintained at a specified level; reenacting s.
335 215.32(2)(b), F.S., relating to the authorization for
336 transferring unappropriated cash balances from
337 selected trust funds to the Budget Stabilization Fund
338 and General Revenue Fund; providing for future
339 expiration and reversion of specific statutory text;
340 specifying the type of travel for which state employee
341 travel funds may be used; providing exceptions;
342 providing a monetary cap on lodging costs for state
343 employee travel to certain meetings organized or
344 sponsored by a state agency or the judicial branch;
345 authorizing employees to expend their own funds for
346 lodging expenses that exceed the monetary caps;
347 amending s. 216.292, F.S.; extending for 1 fiscal year
348 the requirements for certain transfers; authorizing
349 state agencies to purchase vehicles from nonstate term
350 contract vendors without prior approval from the
351 Department of Management Services under certain
352 circumstances; authorizing the Department of
353 Management Services, the Executive Office of the
354 Governor, the Commissioner of Agriculture, the Chief
355 Financial Officer, and the Attorney General to enter
356 into specified leases as a lessee without having to
357 advertise or receive competitive solicitations;
358 requiring the Department of Environmental Protection
359 to use specified funds to purchase lands or interests
360 in lands within certain areas; requiring the
361 Department of Environmental Protection to offer
362 specified leases; authorizing the Executive Office of
363 the Governor’s Office of Policy and Budget to submit a
364 budget amendment to realign funding within and between
365 agencies in appropriation categories specifically
366 authorized for implementation of the state’s award
367 from the federal Coronavirus State Fiscal Recovery
368 Fund; providing requirements for the realignment;
369 requiring the budget amendment to be submitted by a
370 specified date; providing conditions under which the
371 veto of certain appropriations or proviso language in
372 the General Appropriations Act voids language that
373 implements such appropriation; providing for the
374 continued operation of certain provisions
375 notwithstanding a future repeal or expiration provided
376 by the act; providing severability; providing for
377 contingent retroactivity; providing effective dates.
378
379 Be It Enacted by the Legislature of the State of Florida:
380
381 Section 1. It is the intent of the Legislature that the
382 implementing and administering provisions of this act apply to
383 the General Appropriations Act for the 2024-2025 fiscal year.
384 Section 2. In order to implement Specific Appropriations 5,
385 6, 84, and 85 of the 2024-2025 General Appropriations Act, the
386 calculations of the Florida Education Finance Program for the
387 2024-2025 fiscal year included in the document titled “Public
388 School Funding: The Florida Education Finance Program (FEFP)
389 Fiscal Year 2024-2025,” dated January 26, 2024, and filed with
390 the Secretary of the Senate, are incorporated by reference for
391 the purpose of displaying the calculations used by the
392 Legislature, consistent with the requirements of state law, in
393 making appropriations for the Florida Education Finance Program.
394 This section expires July 1, 2025.
395 Section 3. In order to implement Specific Appropriation 83
396 of the 2024-2025 General Appropriations Act, notwithstanding the
397 expiration date in section 6 of chapter 2023-240, Laws of
398 Florida, paragraphs (a) and (f) of subsection (4) of section
399 1002.68, Florida Statutes, are reenacted and amended, and
400 subsection (5) and paragraph (e) of subsection (6) of section
401 1002.68, Florida Statutes, are reenacted, to read:
402 1002.68 Voluntary Prekindergarten Education Program
403 accountability.—
404 (4)(a) Beginning with the 2024-2025 2023-2024 program year,
405 the department shall adopt a methodology for calculating each
406 private prekindergarten provider’s and public school provider’s
407 performance metric, which must be based on a combination of the
408 following:
409 1. Program assessment composite scores under subsection
410 (2), which must be weighted at no less than 50 percent.
411 2. Learning gains operationalized as change-in-ability
412 scores from the initial and final progress monitoring results
413 described in subsection (1).
414 3. Norm-referenced developmental learning outcomes
415 described in subsection (1).
416 (f) The department shall adopt procedures to annually
417 calculate each private prekindergarten provider’s and public
418 school’s performance metric, based on the methodology adopted in
419 paragraphs (a) and (b), and assign a designation under paragraph
420 (d). Beginning with the 2025-2026 2024-2025 program year, each
421 private prekindergarten provider or public school shall be
422 assigned a designation within 45 days after the conclusion of
423 the school-year Voluntary Prekindergarten Education Program
424 delivered by all participating private prekindergarten providers
425 or public schools and within 45 days after the conclusion of the
426 summer Voluntary Prekindergarten Education Program delivered by
427 all participating private prekindergarten providers or public
428 schools.
429 (5)(a) If a private prekindergarten provider’s or public
430 school’s performance metric or designation falls below the
431 minimum performance metric or designation, the early learning
432 coalition shall:
433 1. Require the provider or school to submit for approval to
434 the early learning coalition an improvement plan and implement
435 the plan.
436 2. Place the provider or school on probation.
437 3. Require the provider or school to take certain
438 corrective actions, including the use of a curriculum approved
439 by the department under s. 1002.67(2)(c) and a staff development
440 plan approved by the department to strengthen instructional
441 practices in emotional support, classroom organization,
442 instructional support, language development, phonological
443 awareness, alphabet knowledge, and mathematical thinking.
444 (b) A private prekindergarten provider or public school
445 that is placed on probation must continue the corrective actions
446 required under paragraph (a) until the provider or school meets
447 the minimum performance metric or designation adopted by the
448 department. Failure to meet the requirements of subparagraphs
449 (a)1. and 3. shall result in the termination of the provider’s
450 or school’s contract to deliver the Voluntary Prekindergarten
451 Education Program for a period of at least 2 years but no more
452 than 5 years.
453 (c) If a private prekindergarten provider or public school
454 remains on probation for 2 consecutive years and fails to meet
455 the minimum performance metric or designation, or is not granted
456 a good cause exemption by the department, the department shall
457 require the early learning coalition to revoke the provider’s
458 eligibility and the school district to revoke the school’s
459 eligibility to deliver the Voluntary Prekindergarten Education
460 Program and receive state funds for the program for a period of
461 at least 2 years but no more than 5 years.
462 (6)
463 (e) A private prekindergarten provider or public school
464 granted a good cause exemption shall continue to implement its
465 improvement plan and continue the corrective actions required
466 under paragraph (5)(a) until the provider or school meets the
467 minimum performance metric.
468 Section 4. The amendments to s. 1002.68(4)(a) and (f),
469 Florida Statutes, made by this act, and the text of s.
470 1002.68(5) and (6)(e), Florida Statutes, as carried forward from
471 chapter 2023-240, Laws of Florida, by this act expire July 1,
472 2025, and the text of those subsections or paragraphs, as
473 applicable, shall revert to that in existence on June 30, 2023,
474 except that any amendments to such text enacted other than by
475 this act shall be preserved and continue to operate to the
476 extent that such amendments are not dependent upon the portions
477 of text which expire pursuant to this section.
478 Section 5. Effective upon becoming a law, and in order to
479 implement Specific Appropriations 5, 6, 84, and 85 of the 2024
480 2025 General Appropriations Act, and notwithstanding ss.
481 1011.60(6) and 1011.62(4)(a) and (e), Florida Statutes, the
482 taxable value for the Wakulla County School District must be
483 provided by the Department of Revenue by January 1, 2024, to be
484 used for the remaining calculations of the Fiscal Year 2023-2024
485 Florida Education Finance Program and for use in the Prior
486 Period Funding Adjustment Millage calculation. This section
487 expires July 1, 2025.
488 Section 6. In order to implement Specific Appropriation 158
489 of the 2024-2025 General Appropriations Act, subsection (10) is
490 added to section 1004.6495, Florida Statutes, to read:
491 1004.6495 Florida Postsecondary Comprehensive Transition
492 Program and Florida Center for Students with Unique Abilities.—
493 (10) PROGRAM CLASSIFICATION.—No later than August 31, 2024,
494 the Board of Governors and the State Board of Education, in
495 consultation with the center, shall establish a state
496 Classification of Instructional Program code for FPCTPs
497 established pursuant to this section. This subsection expires
498 July 1, 2025.
499 Section 7. In order to implement Specific Appropriations
500 223 and 247 of the 2024-2025 General Appropriations Act, and
501 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
502 Agency for Health Care Administration may submit budget
503 amendments, subject to the notice, review, and objection
504 procedures of s. 216.177, Florida Statutes, at least 3 days
505 before the effective date of the action to increase budget
506 authority to support the implementation of the home and
507 community-based services Medicaid waiver program of the Agency
508 for Persons with Disabilities. This section expires July 1,
509 2025.
510 Section 8. In order to implement Specific Appropriation 209
511 of the 2024-2025 General Appropriations Act, the Agency for
512 Health Care Administration may submit a budget amendment,
513 pursuant to chapter 216, Florida Statutes, requesting additional
514 spending authority to implement the Disproportionate Share
515 Hospital Program. The budget amendment must include a proposed
516 distribution model by entity and a listing of entities
517 contributing intergovernmental transfers and certified public
518 expenditures to support the state match required. This section
519 expires July 1, 2025.
520 Section 9. In order to implement Specific Appropriations
521 202 through 229 of the 2024-2025 General Appropriations Act, and
522 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
523 Agency for Health Care Administration may submit a budget
524 amendment, subject to the notice, review, and objection
525 procedures of s. 216.177, Florida Statutes, to realign funding
526 within the Medicaid program appropriation categories to address
527 projected surpluses and deficits within the program and to
528 maximize the use of state trust funds. A single budget amendment
529 shall be submitted in the last quarter of the 2024-2025 fiscal
530 year only. This section expires July 1, 2025.
531 Section 10. In order to implement Specific Appropriations
532 181 through 186 of the 2024-2025 General Appropriations Act, and
533 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
534 Agency for Health Care Administration may submit a budget
535 amendment, subject to the notice, review, and objection
536 procedures of s. 216.177, Florida Statutes, to realign funding
537 within the Florida Kidcare program appropriation categories, or
538 to increase budget authority in the Children’s Medical Services
539 network category, to address projected surpluses and deficits
540 within the program or to maximize the use of state trust funds.
541 A single budget amendment must be submitted by the agency in the
542 last quarter of the 2024-2025 fiscal year only. This section
543 expires July 1, 2025.
544 Section 11. In order to implement Specific Appropriations
545 484 through 488 of the 2024-2025 General Appropriations Act,
546 subsection (17) of section 381.986, Florida Statutes, is amended
547 to read:
548 381.986 Medical use of marijuana.—
549 (17) Rules adopted pursuant to this section before July 1,
550 2025 2024, are not subject to ss. 120.54(3)(b) and 120.541. This
551 subsection expires July 1, 2025 2024.
552 Section 12. Effective July 1, 2024, upon the expiration and
553 reversion of the amendments made to subsection (1) of section 14
554 of chapter 2017-232, Laws of Florida, pursuant to section 11 of
555 chapter 2023-240, Laws of Florida, and in order to implement
556 Specific Appropriations 484 through 488 of the 2024-2025 General
557 Appropriations Act, subsection (1) of section 14 of chapter
558 2017-232, Laws of Florida, is amended to read:
559 Section 14. Department of Health; authority to adopt rules;
560 cause of action.—
561 (1) EMERGENCY RULEMAKING.—
562 (a) The Department of Health and the applicable boards
563 shall adopt emergency rules pursuant to s. 120.54(4), Florida
564 Statutes, and this section necessary to implement s. 381.986 ss.
565 381.986 and 381.988, Florida Statutes. If an emergency rule
566 adopted under this section is held to be unconstitutional or an
567 invalid exercise of delegated legislative authority, and becomes
568 void, the department or the applicable boards may adopt an
569 emergency rule pursuant to this section to replace the rule that
570 has become void. If the emergency rule adopted to replace the
571 void emergency rule is also held to be unconstitutional or an
572 invalid exercise of delegated legislative authority and becomes
573 void, the department and the applicable boards must follow the
574 nonemergency rulemaking procedures of the Administrative
575 Procedures Act to replace the rule that has become void.
576 (b) For emergency rules adopted under this section, the
577 department and the applicable boards need not make the findings
578 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
579 adopted under this section are exempt from ss. 120.54(3)(b) and
580 120.541, Florida Statutes. The department and the applicable
581 boards shall meet the procedural requirements in s. 120.54(4)(a)
582 s. 120.54(a), Florida Statutes, if the department or the
583 applicable boards have, before July 1, 2019 the effective date
584 of this act, held any public workshops or hearings on the
585 subject matter of the emergency rules adopted under this
586 subsection. Challenges to emergency rules adopted under this
587 subsection are subject to the time schedules provided in s.
588 120.56(5), Florida Statutes.
589 (c) Emergency rules adopted under this section are exempt
590 from s. 120.54(4)(c), Florida Statutes, and shall remain in
591 effect until replaced by rules adopted under the nonemergency
592 rulemaking procedures of the Administrative Procedures Act.
593 Rules adopted under the nonemergency rulemaking procedures of
594 the Administrative Procedures Act to replace emergency rules
595 adopted under this section are exempt from ss. 120.54(3)(b) and
596 120.541, Florida Statutes. By July 1, 2025 January 1, 2018, the
597 department and the applicable boards shall initiate nonemergency
598 rulemaking pursuant to the Administrative Procedures Act to
599 replace all emergency rules adopted under this section by
600 publishing a notice of rule development in the Florida
601 Administrative Register. Except as provided in paragraph (a),
602 after July 1, 2025 January 1, 2018, the department and
603 applicable boards may not adopt rules pursuant to the emergency
604 rulemaking procedures provided in this section.
605 Section 13. The amendments to subsection (1) of section 14
606 of chapter 2017-232, Laws of Florida, made by this act expire
607 July 1, 2025, and the text of that subsection shall revert to
608 that in existence on June 30, 2019, except that any amendments
609 to such text enacted other than by this act shall be preserved
610 and continue to operate to the extent that such amendments are
611 not dependent upon the portions of text which expire pursuant to
612 this section.
613 Section 14. In order to implement Specific Appropriations
614 207, 208, 211, and 215 of the 2024-2025 General Appropriations
615 Act, the Agency for Health Care Administration may submit a
616 budget amendment pursuant to chapter 216, Florida Statutes,
617 requesting additional spending authority to implement the
618 federally approved Directed Payment Program for hospitals
619 statewide providing inpatient and outpatient services to
620 Medicaid managed care enrollees, the Indirect Medical Education
621 (IME) Program, and a nursing workforce expansion and education
622 program for certain institutions participating in a graduate
623 medical education or nursing education program. For institutions
624 participating in the nursing workforce expansion and education
625 program, the budget amendment must identify the educational
626 institutions partnering with the teaching hospital. Institutions
627 participating in the nursing workforce expansion and education
628 program shall provide quarterly reports to the agency detailing
629 the number of nurses participating in the program. This section
630 expires July 1, 2025.
631 Section 15. In order to implement Specific Appropriations
632 208, 211, and 215 of the 2024-2025 General Appropriations Act,
633 the Agency for Health Care Administration may submit a budget
634 amendment pursuant to chapter 216, Florida Statutes, requesting
635 additional spending authority to implement the federally
636 approved Directed Payment Program and fee-for-service
637 supplemental payments for cancer hospitals that meet the
638 criteria in 42 U.S.C. s. 1395ww(d)(1)(B)(v). This section
639 expires July 1, 2025.
640 Section 16. In order to implement Specific Appropriations
641 202 through 229 of the 2024-2025 General Appropriations Act, the
642 Agency for Health Care Administration may submit a budget
643 amendment, subject to the notice, review, and objection
644 procedures of s. 216.177, Florida Statutes, to provide spending
645 authority to implement the Low-Income Pool component of the
646 Florida Managed Medical Assistance Demonstration up to the total
647 computable funds authorized by the federal Centers for Medicare
648 and Medicaid Services. The budget amendment must include the
649 final terms and conditions of the Low-Income Pool, a proposed
650 distribution model by entity, and a listing of entities
651 contributing intergovernmental transfers to support the state
652 match required. In addition, for each entity included in the
653 distribution model, a signed attestation must be provided that
654 includes the charity care cost upon which the Low-Income Pool
655 payment is based and an acknowledgment that should the
656 distribution result in an overpayment based on the Low-Income
657 Pool cost limit audit, the entity is responsible for returning
658 that overpayment to the agency for return to the federal Centers
659 for Medicare and Medicaid Services. This section expires July 1,
660 2025.
661 Section 17. In order to implement Specific Appropriations
662 214 and 215 of the 2024-2025 General Appropriations Act, the
663 Agency for Health Care Administration may submit a budget
664 amendment pursuant to chapter 216, Florida Statutes, requesting
665 additional spending authority to implement fee-for-service
666 supplemental payments and a directed payment program for
667 physicians and subordinate licensed health care practitioners
668 employed by or under contract with a Florida medical or dental
669 school, or a public hospital. This section expires July 1, 2025.
670 Section 18. In order to implement Specific Appropriations
671 212, 215, and 227 of the 2024-2025 General Appropriations Act,
672 the Agency for Health Care Administration may submit a budget
673 amendment pursuant to chapter 216, Florida Statutes, requesting
674 additional spending authority to implement a certified
675 expenditure program for emergency medical transportation
676 services. This section expires July 1, 2025.
677 Section 19. In order to implement Specific Appropriations
678 330, 332, 362, and 363 of the 2024-2025 General Appropriations
679 Act, and notwithstanding ss. 216.181 and 216.292, Florida
680 Statutes, the Department of Children and Families may submit a
681 budget amendment, subject to the notice, review, and objection
682 procedures of s. 216.177, Florida Statutes, to realign funding
683 within the department based on the implementation of the
684 Guardianship Assistance Program, between the specific
685 appropriations for guardianship assistance payments, foster care
686 Level 1 room and board payments, relative caregiver payments,
687 and nonrelative caregiver payments. This section expires July 1,
688 2025.
689 Section 20. In order to implement Specific Appropriations
690 202, 203, 204, 208, 211, 212, 214 through 216, 356, 366, and 474
691 of the 2024-2025 General Appropriations Act, and notwithstanding
692 ss. 216.181 and 216.292, Florida Statutes, the Department of
693 Children and Families, Department of Health, and Agency for
694 Health Care Administration may submit budget amendments, subject
695 to the notice, review, and objection procedures of s. 216.177,
696 Florida Statutes, to increase budget authority to support
697 refugee programs administered by the federal Office of Refugee
698 Resettlement due to the ongoing instability of federal
699 immigration policy and the resulting inability of the state to
700 reasonably predict, with certainty, the budgetary need of this
701 state with respect to the number of refugees relocated to the
702 state as part of those federal programs. The Department of
703 Children and Families shall submit quarterly reports to the
704 Executive Office of the Governor, the President of the Senate,
705 and the Speaker of the House of Representatives on the number of
706 refugees entering the state, the nations of origin of such
707 refugees, and current expenditure projections. This section
708 expires July 1, 2025.
709 Section 21. In order to implement Specific Appropriations
710 287 through 384 of the 2024-2025 General Appropriations Act, and
711 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
712 Department of Children and Families may submit budget
713 amendments, subject to the notice, review, and objection
714 procedures of s. 216.177, Florida Statutes, to increase budget
715 authority to support the following federal grant programs: the
716 Supplemental Nutrition Assistance Grant Program, the Pandemic
717 Electronic Benefit Transfer, the American Rescue Plan Grant, the
718 State Opioid Response Grant, the Substance Use Prevention and
719 Treatment Block Grant, and the Mental Health Block Grant. This
720 section expires July 1, 2025.
721 Section 22. In order to implement Specific Appropriation
722 460 of the 2024-2025 General Appropriations Act, and
723 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
724 Department of Health may submit a budget amendment, subject to
725 the notice, review, and objection procedures of s. 216.177,
726 Florida Statutes, to increase budget authority for the
727 Supplemental Nutrition Program for Women, Infants, and Children
728 (WIC) and the Child Care Food Program if additional federal
729 revenues will be expended in the 2024-2025 fiscal year. This
730 section expires July 1, 2025.
731 Section 23. In order to implement Specific Appropriation
732 470 of the 2024-2025 General Appropriations Act, and
733 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
734 Department of Health may submit a budget amendment, subject to
735 the notice, review, and objection procedures of s. 216.177,
736 Florida Statutes, to increase budget authority for the HIV/AIDS
737 Prevention and Treatment Program if additional federal revenues
738 specific to HIV/AIDS prevention and treatment become available
739 in the 2024-2025 fiscal year. This section expires July 1, 2025.
740 Section 24. In order to implement Specific Appropriation
741 479 of the 2024-2025 General Appropriations Act, and
742 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
743 Department of Health may submit a budget amendment, subject to
744 the notice, review, and objection procedures of s. 216.177,
745 Florida Statutes, to increase budget authority for the
746 department if additional federal revenues specific to COVID-19
747 relief funds become available in the 2024-2025 fiscal year. This
748 section expires July 1, 2025.
749 Section 25. In order to implement Specific Appropriation
750 519 of the 2024-2025 General Appropriations Act, and
751 notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
752 216.351, Florida Statutes, the balance of any appropriation from
753 the General Revenue Fund for the Pediatric Rare Disease Research
754 Grant Program, which is not disbursed but which is obligated
755 pursuant to contract or committed to be expended by June 30 of
756 the fiscal year in which the funds are appropriated, may be
757 carried forward for up to 5 years after the effective date of
758 the original appropriation. This paragraph expires July 1, 2025.
759 Section 26. In order to implement Specific Appropriations
760 196 through 197E of the 2024-2025 General Appropriations Act:
761 (1) The Agency for Health Care Administration shall replace
762 the current Florida Medicaid Management Information System
763 (FMMIS) and fiscal agent operations with a system that is
764 modular, interoperable, and scalable for the Florida Medicaid
765 program that complies with all applicable federal and state laws
766 and requirements. The agency may not include in the project to
767 replace the current FMMIS and fiscal agent contract:
768 (a) Functionality that duplicates any of the information
769 systems of the other health and human services state agencies;
770 (b) Procurement for agency requirements external to
771 Medicaid programs with the intent to leverage the Medicaid
772 technology infrastructure for other purposes without legislative
773 appropriation or legislative authorization to procure these
774 requirements. The new system, the Florida Health Care Connection
775 (FX) system, must provide better integration with subsystems
776 supporting Florida’s Medicaid program; uniformity, consistency,
777 and improved access to data; and compatibility with the Centers
778 for Medicare and Medicaid Services’ Medicaid Information
779 Technology Architecture (MITA) as the system matures and expands
780 its functionality; or
781 (c) Any contract executed after July 1, 2022, not including
782 staff augmentation services purchased off the Department of
783 Management Services Information Technology staff augmentation
784 state term contract that are not deliverables based fixed price
785 contracts.
786 (2) For purposes of replacing FMMIS and the current
787 Medicaid fiscal agent, the Agency for Health Care Administration
788 shall:
789 (a) Prioritize procurements for the replacement of the
790 current functions of FMMIS and the responsibilities of the
791 current Medicaid fiscal agent, to minimize the need to extend
792 all or portions of the current fiscal agent contract.
793 (b) Comply with and not exceed the Centers for Medicare and
794 Medicaid Services funding authorizations for the FX system.
795 (c) Ensure compliance and uniformity with the published
796 MITA framework and guidelines.
797 (d) Ensure that all business requirements and technical
798 specifications have been provided to all affected state agencies
799 for their review and input and approved by the executive
800 steering committee established in paragraph (h).
801 (e) Consult with the Executive Office of the Governor’s
802 working group for interagency information technology integration
803 for the development of competitive solicitations that provide
804 for data interoperability and shared information technology
805 services across the state’s health and human services agencies.
806 (f) Implement a data governance structure for the project
807 to coordinate data sharing and interoperability across state
808 health care entities.
809 (g) Establish a continuing oversight team for each contract
810 as required in s. 287.057(26). The teams must provide quarterly
811 reports to the executive steering committee summarizing the
812 status of the contract, the pace of deliverables, the quality of
813 deliverables, contractor responsiveness, and contractor
814 performance.
815 (h) Implement a project governance structure that includes
816 an executive steering committee composed of:
817 1. The Secretary of Health Care Administration, or the
818 executive sponsor of the project.
819 2. A representative of the Division of Health Care Finance
820 and Data of the Agency for Health Care Administration, appointed
821 by the Secretary of Health Care Administration.
822 3. Two representatives from the Division of Medicaid
823 Policy, Quality, and Operations of the Agency for Health Care
824 Administration, appointed by the Secretary of Health Care
825 Administration.
826 4. A representative of the Division of Health Care Policy
827 and Oversight of the Agency for Health Care Administration,
828 appointed by the Secretary of Health Care Administration.
829 5. A representative of the Florida Center for Health
830 Information and Transparency of the Agency for Health Care
831 Administration, appointed by the Secretary of Health Care
832 Administration.
833 6. The chief information officer of the Agency for Health
834 Care Administration, or his or her designee.
835 7. The state chief information officer, or his or her
836 designee.
837 8. Two representatives of the Department of Children and
838 Families, appointed by the Secretary of Children and Families.
839 9. A representative of the Department of Health, appointed
840 by the State Surgeon General.
841 10. A representative of the Agency for Persons with
842 Disabilities, appointed by the director of the Agency for
843 Persons with Disabilities.
844 11. A representative from the Florida Healthy Kids
845 Corporation.
846 12. A representative from the Department of Elderly
847 Affairs, appointed by the Secretary of Elderly Affairs.
848 13. A representative of the Department of Financial
849 Services who has experience with the state’s financial
850 processes, including development of the PALM system, appointed
851 by the Chief Financial Officer.
852 (3) The Secretary of Health Care Administration or the
853 executive sponsor of the project shall serve as chair of the
854 executive steering committee, and the committee shall take
855 action by a vote of at least 10 affirmative votes with the chair
856 voting on the prevailing side. A quorum of the executive
857 steering committee consists of at least 11 members.
858 (4) The executive steering committee has the overall
859 responsibility for ensuring that the project to replace FMMIS
860 and the Medicaid fiscal agent meets its primary business
861 objectives and shall:
862 (a) Identify and recommend to the Executive Office of the
863 Governor, the President of the Senate, and the Speaker of the
864 House of Representatives any statutory changes needed to
865 implement the modular replacement to standardize, to the fullest
866 extent possible, the state’s health care data and business
867 processes.
868 (b) Review and approve any changes to the project’s scope,
869 schedule, and budget which do not conflict with the requirements
870 of subsections (1) and (2).
871 (c) Review and approve any changes to the project’s
872 strategic roadmap.
873 (d) Review and approve all task orders and any changes to
874 task orders.
875 (e) Review vendor scorecards, reports, and notifications
876 produced by the continuing oversight teams.
877 (f) Ensure that adequate resources are provided throughout
878 all phases of the project.
879 (g) Approve all major project deliverables.
880 (h) Review and verify that all procurement and contractual
881 documents associated with the replacement of the current FMMIS
882 and Medicaid fiscal agent align with the scope, schedule, and
883 anticipated budget for the project.
884 (5) This section expires July 1, 2025.
885 Section 27. In order to implement Specific Appropriations
886 215, 216, 270, 282, 342, 495, and 522 of the 2024-2025 General
887 Appropriations Act, the Agency for Health Care Administration,
888 in consultation with the Department of Health, the Agency for
889 Persons with Disabilities, the Department of Children and
890 Families, and the Department of Corrections, shall competitively
891 procure a contract with a vendor to negotiate, for these
892 agencies, prices for prescribed drugs and biological products
893 excluded from the programs established under s. 381.02035,
894 Florida Statutes, and ineligible under 21 U.S.C. s. 384,
895 including, but not limited to, insulin and epinephrine. The
896 contract may allow the vendor to directly purchase these
897 products for participating agencies when feasible and
898 advantageous. The contracted vendor will be compensated on a
899 contingency basis, paid from a portion of the savings achieved
900 by its price negotiation or purchase of the prescription drugs
901 and products. This section expires July 1, 2025.
902 Section 28. In order to implement Specific Appropriations
903 262, 268, 269, 280, and 281 of the 2024-2025 General
904 Appropriations Act, and notwithstanding ss. 216.181 and 216.292,
905 Florida Statutes, the Agency for Persons with Disabilities may
906 submit budget amendments, subject to the notice, review, and
907 objection procedures of s. 216.177, Florida Statutes, to
908 transfer funding from the Salaries and Benefits appropriation
909 categories to categories used for contractual services in order
910 to support additional staff augmentation resources needed at the
911 Developmental Disability Centers. This section expires July 1,
912 2025.
913 Section 29. In order to implement Specific Appropriation
914 579 of the 2024-2025 General Appropriations Act, and
915 notwithstanding chapter 216, Florida Statutes, the Department of
916 Veterans’ Affairs may submit a budget amendment, subject to
917 Legislative Budget Commission approval, requesting the authority
918 to establish positions in excess of the number authorized by the
919 Legislature, increase appropriations from the Operations and
920 Maintenance Trust Fund, or provide necessary salary rate
921 sufficient to provide for essential staff for veterans’ nursing
922 homes, if the department projects that additional direct care
923 staff are needed to meet its established staffing ratio. This
924 section expires July 1, 2025.
925 Section 30. In order to implement Specific Appropriation
926 215 of the 2024-2025 General Appropriations Act, subsection (1)
927 of section 409.915, Florida Statutes, is amended to read:
928 409.915 County contributions to Medicaid.—Although the
929 state is responsible for the full portion of the state share of
930 the matching funds required for the Medicaid program, the state
931 shall charge the counties an annual contribution in order to
932 acquire a certain portion of these funds.
933 (1)(a) As used in this section, the term “state Medicaid
934 expenditures” means those expenditures used as matching funds
935 for the federal Medicaid program.
936 (b) The term does not include funds specially assessed by
937 any local governmental entity and used as the nonfederal share
938 for the hospital directed payment program after July 1, 2021.
939 This paragraph expires July 1, 2025 2024.
940 Section 31. In order to implement Specific Appropriations
941 608 through 719 and 733 through 768 of the 2024-2025 General
942 Appropriations Act, subsection (4) of section 216.262, Florida
943 Statutes, is amended to read:
944 216.262 Authorized positions.—
945 (4) Notwithstanding the provisions of this chapter relating
946 to increasing the number of authorized positions, and for the
947 2024-2025 2023-2024 fiscal year only, if the actual inmate
948 population of the Department of Corrections exceeds the inmate
949 population projections of the December 15 February 13, 2023,
950 Criminal Justice Estimating Conference by 1 percent for 2
951 consecutive months or 2 percent for any month, the Executive
952 Office of the Governor, with the approval of the Legislative
953 Budget Commission, shall immediately notify the Criminal Justice
954 Estimating Conference, which shall convene as soon as possible
955 to revise the estimates. The Department of Corrections may then
956 submit a budget amendment requesting the establishment of
957 positions in excess of the number authorized by the Legislature
958 and additional appropriations from unallocated general revenue
959 sufficient to provide for essential staff, fixed capital
960 improvements, and other resources to provide classification,
961 security, food services, health services, and other variable
962 expenses within the institutions to accommodate the estimated
963 increase in the inmate population. All actions taken pursuant to
964 this subsection are subject to review and approval by the
965 Legislative Budget Commission. This subsection expires July 1,
966 2025 2024.
967 Section 32. In order to implement Specific Appropriations
968 3267 through 3334 of the 2024-2025 General Appropriations Act,
969 subsection (2) of section 215.18, Florida Statutes, is amended
970 to read:
971 215.18 Transfers between funds; limitation.—
972 (2) The Chief Justice of the Supreme Court may receive one
973 or more trust fund loans to ensure that the state court system
974 has funds sufficient to meet its appropriations in the 2024-2025
975 2023-2024 General Appropriations Act. If the Chief Justice
976 accesses the loan, he or she must notify the Governor and the
977 chairs of the legislative appropriations committees in writing.
978 The loan must come from other funds in the State Treasury which
979 are for the time being or otherwise in excess of the amounts
980 necessary to meet the just requirements of such last-mentioned
981 funds. The Governor shall order the transfer of funds within 5
982 days after the written notification from the Chief Justice. If
983 the Governor does not order the transfer, the Chief Financial
984 Officer shall transfer the requested funds. The loan of funds
985 from which any money is temporarily transferred must be repaid
986 by the end of the 2024-2025 2023-2024 fiscal year. This
987 subsection expires July 1, 2025 2024.
988 Section 33. In order to implement Specific Appropriations
989 1150 through 1161 of the 2024-2025 General Appropriations Act:
990 (1) The Department of Juvenile Justice is required to
991 review county juvenile detention payments to ensure that
992 counties fulfill their financial responsibilities required in s.
993 985.6865, Florida Statutes. If the Department of Juvenile
994 Justice determines that a county has not met its obligations,
995 the department shall direct the Department of Revenue to deduct
996 the amount owed to the Department of Juvenile Justice from the
997 funds provided to the county under s. 218.23, Florida Statutes.
998 The Department of Revenue shall transfer the funds withheld to
999 the Shared County/State Juvenile Detention Trust Fund.
1000 (2) As an assurance to holders of bonds issued by counties
1001 before July 1, 2024, for which distributions made pursuant to s.
1002 218.23, Florida Statutes, are pledged, or bonds issued to refund
1003 such bonds which mature no later than the bonds they refunded
1004 and which result in a reduction of debt service payable in each
1005 fiscal year, the amount available for distribution to a county
1006 shall remain as provided by law and continue to be subject to
1007 any lien or claim on behalf of the bondholders. The Department
1008 of Revenue must ensure, based on information provided by an
1009 affected county, that any reduction in amounts distributed
1010 pursuant to subsection (1) does not reduce the amount of
1011 distribution to a county below the amount necessary for the
1012 timely payment of principal and interest when due on the bonds
1013 and the amount necessary to comply with any covenant under the
1014 bond resolution or other documents relating to the issuance of
1015 the bonds. If a reduction to a county’s monthly distribution
1016 must be decreased in order to comply with this section, the
1017 Department of Revenue must notify the Department of Juvenile
1018 Justice of the amount of the decrease, and the Department of
1019 Juvenile Justice must send a bill for payment of such amount to
1020 the affected county.
1021 (3) This section expires July 1, 2025.
1022 Section 34. In order to implement Specific Appropriations
1023 779 through 801, 950 through 1093, and 1114 through 1149 of the
1024 2024-2025 General Appropriations Act, and notwithstanding the
1025 expiration date in section 32 of chapter 2023-240, Laws of
1026 Florida, subsection (1), paragraph (a) of subsection (2),
1027 paragraph (a) of subsection (3), and subsections (5), (6), and
1028 (7) of section 27.40, Florida Statutes, are reenacted to read:
1029 27.40 Court-appointed counsel; circuit registries; minimum
1030 requirements; appointment by court.—
1031 (1) Counsel shall be appointed to represent any individual
1032 in a criminal or civil proceeding entitled to court-appointed
1033 counsel under the Federal or State Constitution or as authorized
1034 by general law. The court shall appoint a public defender to
1035 represent indigent persons as authorized in s. 27.51. The office
1036 of criminal conflict and civil regional counsel shall be
1037 appointed to represent persons in those cases in which provision
1038 is made for court-appointed counsel, but only after the public
1039 defender has certified to the court in writing that the public
1040 defender is unable to provide representation due to a conflict
1041 of interest or is not authorized to provide representation. The
1042 public defender shall report, in the aggregate, the specific
1043 basis of all conflicts of interest certified to the court. On a
1044 quarterly basis, the public defender shall submit this
1045 information to the Justice Administrative Commission.
1046 (2)(a) Private counsel shall be appointed to represent
1047 persons in those cases in which provision is made for court
1048 appointed counsel but only after the office of criminal conflict
1049 and civil regional counsel has been appointed and has certified
1050 to the court in writing that the criminal conflict and civil
1051 regional counsel is unable to provide representation due to a
1052 conflict of interest. The criminal conflict and civil regional
1053 counsel shall report, in the aggregate, the specific basis of
1054 all conflicts of interest certified to the court. On a quarterly
1055 basis, the criminal conflict and civil regional counsel shall
1056 submit this information to the Justice Administrative
1057 Commission.
1058 (3) In using a registry:
1059 (a) The chief judge of the circuit shall compile a list of
1060 attorneys in private practice, by county and by category of
1061 cases, and provide the list to the clerk of court in each
1062 county. The chief judge of the circuit may restrict the number
1063 of attorneys on the general registry list. To be included on a
1064 registry, an attorney must certify that he or she:
1065 1. Meets any minimum requirements established by the chief
1066 judge and by general law for court appointment;
1067 2. Is available to represent indigent defendants in cases
1068 requiring court appointment of private counsel; and
1069 3. Is willing to abide by the terms of the contract for
1070 services, s. 27.5304, and this section.
1071
1072 To be included on a registry, an attorney must enter into a
1073 contract for services with the Justice Administrative
1074 Commission. Failure to comply with the terms of the contract for
1075 services may result in termination of the contract and removal
1076 from the registry. Each attorney on the registry is responsible
1077 for notifying the clerk of the court and the Justice
1078 Administrative Commission of any change in his or her status.
1079 Failure to comply with this requirement is cause for termination
1080 of the contract for services and removal from the registry until
1081 the requirement is fulfilled.
1082 (5) The Justice Administrative Commission shall approve
1083 uniform contract forms for use in procuring the services of
1084 private court-appointed counsel and uniform procedures and forms
1085 for use by a court-appointed attorney in support of billing for
1086 attorney’s fees, costs, and related expenses to demonstrate the
1087 attorney’s completion of specified duties. Such uniform
1088 contracts and forms for use in billing must be consistent with
1089 s. 27.5304, s. 216.311, and the General Appropriations Act and
1090 must contain the following statement: “The State of Florida’s
1091 performance and obligation to pay under this contract is
1092 contingent upon an annual appropriation by the Legislature.”
1093 (6) After court appointment, the attorney must immediately
1094 file a notice of appearance with the court indicating acceptance
1095 of the appointment to represent the defendant and of the terms
1096 of the uniform contract as specified in subsection (5).
1097 (7)(a) A private attorney appointed by the court from the
1098 registry to represent a client is entitled to payment as
1099 provided in s. 27.5304 so long as the requirements of subsection
1100 (1) and paragraph (2)(a) are met. An attorney appointed by the
1101 court who is not on the registry list may be compensated under
1102 s. 27.5304 only if the court finds in the order of appointment
1103 that there were no registry attorneys available for
1104 representation for that case and only if the requirements of
1105 subsection (1) and paragraph (2)(a) are met.
1106 (b)1. The flat fee established in s. 27.5304 and the
1107 General Appropriations Act shall be presumed by the court to be
1108 sufficient compensation. The attorney shall maintain appropriate
1109 documentation, including contemporaneous and detailed hourly
1110 accounting of time spent representing the client. If the
1111 attorney fails to maintain such contemporaneous and detailed
1112 hourly records, the attorney waives the right to seek
1113 compensation in excess of the flat fee established in s. 27.5304
1114 and the General Appropriations Act. These records and documents
1115 are subject to review by the Justice Administrative Commission
1116 and audit by the Auditor General, subject to the attorney-client
1117 privilege and work-product privilege. The attorney shall
1118 maintain the records and documents in a manner that enables the
1119 attorney to redact any information subject to a privilege in
1120 order to facilitate the commission’s review of the records and
1121 documents and not to impede such review. The attorney may redact
1122 information from the records and documents only to the extent
1123 necessary to comply with the privilege. The Justice
1124 Administrative Commission shall review such records and shall
1125 contemporaneously document such review before authorizing
1126 payment to an attorney. Objections by or on behalf of the
1127 Justice Administrative Commission to records or documents or to
1128 claims for payment by the attorney shall be presumed correct by
1129 the court unless the court determines, in writing, that
1130 competent and substantial evidence exists to justify overcoming
1131 the presumption.
1132 2. If an attorney fails, refuses, or declines to permit the
1133 commission or the Auditor General to review documentation for a
1134 case as provided in this paragraph, the attorney waives the
1135 right to seek, and the commission may not pay, compensation in
1136 excess of the flat fee established in s. 27.5304 and the General
1137 Appropriations Act for that case.
1138 3. A finding by the commission that an attorney has waived
1139 the right to seek compensation in excess of the flat fee
1140 established in s. 27.5304 and the General Appropriations Act, as
1141 provided in this paragraph, shall be presumed to be correct,
1142 unless the court determines, in writing, that competent and
1143 substantial evidence exists to justify overcoming the
1144 presumption.
1145 Section 35. The text of s. 27.40(1), (2)(a), (3)(a), (5),
1146 (6), and (7), Florida Statutes, as carried forward from chapter
1147 2019-116, Laws of Florida, by this act, expires July 1, 2025,
1148 and the text of those subsections and paragraphs, as applicable,
1149 shall revert to that in existence on June 30, 2019, except that
1150 any amendments to such text enacted other than by this act shall
1151 be preserved and continue to operate to the extent that such
1152 amendments are not dependent upon the portions of text which
1153 expire pursuant to this section.
1154 Section 36. In order to implement Specific Appropriations
1155 779 through 801, 950 through 1093, and 1114 through 1149 of the
1156 2024-2025 General Appropriations Act, and notwithstanding the
1157 expiration date in section 34 of chapter 2023-240, Laws of
1158 Florida, subsection (13) of section 27.5304, Florida Statutes,
1159 is reenacted and amended, and subsections (1), (3), (6), (7),
1160 and (11) and paragraphs (a) through (e) of subsection (12) of
1161 that section are reenacted, to read:
1162 27.5304 Private court-appointed counsel; compensation;
1163 notice.—
1164 (1) Private court-appointed counsel appointed in the manner
1165 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1166 Justice Administrative Commission only as provided in this
1167 section and the General Appropriations Act. The flat fees
1168 prescribed in this section are limitations on compensation. The
1169 specific flat fee amounts for compensation shall be established
1170 annually in the General Appropriations Act. The attorney also
1171 shall be reimbursed for reasonable and necessary expenses in
1172 accordance with s. 29.007. If the attorney is representing a
1173 defendant charged with more than one offense in the same case,
1174 the attorney shall be compensated at the rate provided for the
1175 most serious offense for which he or she represented the
1176 defendant. This section does not allow stacking of the fee
1177 limits established by this section.
1178 (3) The court retains primary authority and responsibility
1179 for determining the reasonableness of all billings for attorney
1180 fees, costs, and related expenses, subject to statutory
1181 limitations and the requirements of s. 27.40(7). Private court
1182 appointed counsel is entitled to compensation upon final
1183 disposition of a case.
1184 (6) For compensation for representation pursuant to a court
1185 appointment in a proceeding under chapter 39:
1186 (a) At the trial level, compensation for representation for
1187 dependency proceedings shall not exceed $1,450 for the first
1188 year following the date of appointment and shall not exceed $700
1189 each year thereafter. Compensation shall be paid based upon
1190 representation of a parent irrespective of the number of case
1191 numbers that may be assigned or the number of children involved,
1192 including any children born during the pendency of the
1193 proceeding. Any appeal, except for an appeal from an
1194 adjudication of dependency, shall be completed by the trial
1195 attorney and is considered compensated by the flat fee for
1196 dependency proceedings.
1197 1. Counsel may bill the flat fee not exceeding $1,450
1198 following disposition or upon dismissal of the petition.
1199 2. Counsel may bill the annual flat fee not exceeding $700
1200 following the first judicial review in the second year following
1201 the date of appointment and each year thereafter as long as the
1202 case remains under protective supervision.
1203 3. If the court grants a motion to reactivate protective
1204 supervision, the attorney shall receive the annual flat fee not
1205 exceeding $700 following the first judicial review and up to an
1206 additional $700 each year thereafter.
1207 4. If, during the course of dependency proceedings, a
1208 proceeding to terminate parental rights is initiated,
1209 compensation shall be as set forth in paragraph (b). If counsel
1210 handling the dependency proceeding is not authorized to handle
1211 proceedings to terminate parental rights, the counsel must
1212 withdraw and new counsel must be appointed.
1213 (b) At the trial level, compensation for representation in
1214 termination of parental rights proceedings shall not exceed
1215 $1,800 for the first year following the date of appointment and
1216 shall not exceed $700 each year thereafter. Compensation shall
1217 be paid based upon representation of a parent irrespective of
1218 the number of case numbers that may be assigned or the number of
1219 children involved, including any children born during the
1220 pendency of the proceeding. Any appeal, except for an appeal
1221 from an order granting or denying termination of parental
1222 rights, shall be completed by trial counsel and is considered
1223 compensated by the flat fee for termination of parental rights
1224 proceedings. If the individual has dependency proceedings
1225 ongoing as to other children, those proceedings are considered
1226 part of the termination of parental rights proceedings as long
1227 as that termination of parental rights proceeding is ongoing.
1228 1. Counsel may bill the flat fee not exceeding $1,800 30
1229 days after rendition of the final order. Each request for
1230 payment submitted to the Justice Administrative Commission must
1231 include the trial counsel’s certification that:
1232 a. Counsel discussed grounds for appeal with the parent or
1233 that counsel attempted and was unable to contact the parent; and
1234 b. No appeal will be filed or that a notice of appeal and a
1235 motion for appointment of appellate counsel, containing the
1236 signature of the parent, have been filed.
1237 2. Counsel may bill the annual flat fee not exceeding $700
1238 following the first judicial review in the second year after the
1239 date of appointment and each year thereafter as long as the
1240 termination of parental rights proceedings are still ongoing.
1241 (c) For appeals from an adjudication of dependency,
1242 compensation may not exceed $1,800.
1243 1. Counsel may bill a flat fee not exceeding $1,200 upon
1244 filing the initial brief or the granting of a motion to
1245 withdraw.
1246 2. If a brief is filed, counsel may bill an additional flat
1247 fee not exceeding $600 upon rendition of the mandate.
1248 (d) For an appeal from an adjudication of termination of
1249 parental rights, compensation may not exceed $3,500.
1250 1. Counsel may bill a flat fee not exceeding $1,750 upon
1251 filing the initial brief or the granting of a motion to
1252 withdraw.
1253 2. If a brief is filed, counsel may bill an additional flat
1254 fee not exceeding $1,750 upon rendition of the mandate.
1255 (7) Counsel eligible to receive compensation from the state
1256 for representation pursuant to court appointment made in
1257 accordance with the requirements of s. 27.40(1) and (2)(a) in a
1258 proceeding under chapter 384, chapter 390, chapter 392, chapter
1259 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
1260 744, or chapter 984 shall receive compensation not to exceed the
1261 limits prescribed in the General Appropriations Act. Any such
1262 compensation must be determined as provided in s. 27.40(7).
1263 (11) It is the intent of the Legislature that the flat fees
1264 prescribed under this section and the General Appropriations Act
1265 comprise the full and complete compensation for private court
1266 appointed counsel. It is further the intent of the Legislature
1267 that the fees in this section are prescribed for the purpose of
1268 providing counsel with notice of the limit on the amount of
1269 compensation for representation in particular proceedings and
1270 the sole procedure and requirements for obtaining payment for
1271 the same.
1272 (a) If court-appointed counsel moves to withdraw prior to
1273 the full performance of his or her duties through the completion
1274 of the case, the court shall presume that the attorney is not
1275 entitled to the payment of the full flat fee established under
1276 this section and the General Appropriations Act.
1277 (b) If court-appointed counsel is allowed to withdraw from
1278 representation prior to the full performance of his or her
1279 duties through the completion of the case and the court appoints
1280 a subsequent attorney, the total compensation for the initial
1281 and any and all subsequent attorneys may not exceed the flat fee
1282 established under this section and the General Appropriations
1283 Act, except as provided in subsection (12).
1284
1285 This subsection constitutes notice to any subsequently appointed
1286 attorney that he or she will not be compensated the full flat
1287 fee.
1288 (12) The Legislature recognizes that on rare occasions an
1289 attorney may receive a case that requires extraordinary and
1290 unusual effort.
1291 (a) If counsel seeks compensation that exceeds the limits
1292 prescribed by law, he or she must file a motion with the chief
1293 judge for an order approving payment of attorney fees in excess
1294 of these limits.
1295 1. Before filing the motion, the counsel shall deliver a
1296 copy of the intended billing, together with supporting
1297 affidavits and all other necessary documentation, to the Justice
1298 Administrative Commission.
1299 2. The Justice Administrative Commission shall review the
1300 billings, affidavit, and documentation for completeness and
1301 compliance with contractual and statutory requirements and shall
1302 contemporaneously document such review before authorizing
1303 payment to an attorney. If the Justice Administrative Commission
1304 objects to any portion of the proposed billing, the objection
1305 and supporting reasons must be communicated in writing to the
1306 private court-appointed counsel. The counsel may thereafter file
1307 his or her motion, which must specify whether the commission
1308 objects to any portion of the billing or the sufficiency of
1309 documentation, and shall attach the commission’s letter stating
1310 its objection.
1311 (b) Following receipt of the motion to exceed the fee
1312 limits, the chief judge or a single designee shall hold an
1313 evidentiary hearing. The chief judge may select only one judge
1314 per circuit to hear and determine motions pursuant to this
1315 subsection, except multicounty circuits and the eleventh circuit
1316 may have up to two designees.
1317 1. At the hearing, the attorney seeking compensation must
1318 prove by competent and substantial evidence that the case
1319 required extraordinary and unusual efforts. The chief judge or
1320 single designee shall consider criteria such as the number of
1321 witnesses, the complexity of the factual and legal issues, and
1322 the length of trial. The fact that a trial was conducted in a
1323 case does not, by itself, constitute competent substantial
1324 evidence of an extraordinary and unusual effort. In a criminal
1325 case, relief under this section may not be granted if the number
1326 of work hours does not exceed 75 or the number of the state’s
1327 witnesses deposed does not exceed 20.
1328 2. Objections by or on behalf of the Justice Administrative
1329 Commission to records or documents or to claims for payment by
1330 the attorney shall be presumed correct by the court unless the
1331 court determines, in writing, that competent and substantial
1332 evidence exists to justify overcoming the presumption. The chief
1333 judge or single designee shall enter a written order detailing
1334 his or her findings and identifying the extraordinary nature of
1335 the time and efforts of the attorney in the case which warrant
1336 exceeding the flat fee established by this section and the
1337 General Appropriations Act.
1338 (c) A copy of the motion and attachments shall be served on
1339 the Justice Administrative Commission at least 20 business days
1340 before the date of a hearing. The Justice Administrative
1341 Commission has standing to appear before the court, and may
1342 appear in person or telephonically, including at the hearing
1343 under paragraph (b), to contest any motion for an order
1344 approving payment of attorney fees, costs, or related expenses
1345 and may participate in a hearing on the motion by use of
1346 telephonic or other communication equipment. The Justice
1347 Administrative Commission may contract with other public or
1348 private entities or individuals to appear before the court for
1349 the purpose of contesting any motion for an order approving
1350 payment of attorney fees, costs, or related expenses. The fact
1351 that the Justice Administrative Commission has not objected to
1352 any portion of the billing or to the sufficiency of the
1353 documentation is not binding on the court.
1354 (d) If the chief judge or a single designee finds that
1355 counsel has proved by competent and substantial evidence that
1356 the case required extraordinary and unusual efforts, the chief
1357 judge or single designee shall order the compensation to be paid
1358 to the attorney at a percentage above the flat fee rate,
1359 depending on the extent of the unusual and extraordinary effort
1360 required. The percentage must be only the rate necessary to
1361 ensure that the fees paid are not confiscatory under common law.
1362 The percentage may not exceed 200 percent of the established
1363 flat fee, absent a specific finding that 200 percent of the flat
1364 fee in the case would be confiscatory. If the chief judge or
1365 single designee determines that 200 percent of the flat fee
1366 would be confiscatory, he or she shall order the amount of
1367 compensation using an hourly rate not to exceed $75 per hour for
1368 a noncapital case and $100 per hour for a capital case. However,
1369 the compensation calculated by using the hourly rate shall be
1370 only that amount necessary to ensure that the total fees paid
1371 are not confiscatory, subject to the requirements of s.
1372 27.40(7).
1373 (e) Any order granting relief under this subsection must be
1374 attached to the final request for a payment submitted to the
1375 Justice Administrative Commission and must satisfy the
1376 requirements of subparagraph (b)2.
1377 (13) Notwithstanding the limitation set forth in subsection
1378 (5) and for the 2024-2025 2023-2024 fiscal year only, the
1379 compensation for representation in a criminal proceeding may not
1380 exceed the following:
1381 (a) For misdemeanors and juveniles represented at the trial
1382 level: $1,000.
1383 (b) For noncapital, nonlife felonies represented at the
1384 trial level: $15,000.
1385 (c) For life felonies represented at the trial level:
1386 $15,000.
1387 (d) For capital cases represented at the trial level:
1388 $25,000. For purposes of this paragraph, a “capital case” is any
1389 offense for which the potential sentence is death and the state
1390 has not waived seeking the death penalty.
1391 (e) For representation on appeal: $9,000.
1392 (f) This subsection expires July 1, 2025 2024.
1393 Section 37. The text of s. 27.5304(1), (3), (7), (11), and
1394 (12)(a)-(e), Florida Statutes, as carried forward from chapter
1395 2019-116, Laws of Florida, and the text of s. 27.5304(6),
1396 Florida Statutes, as carried forward from chapter 2023-240, Laws
1397 of Florida, by this act expire July 1, 2025, and the text of
1398 those subsections and paragraphs, as applicable, shall revert to
1399 that in existence on June 30, 2019, except that any amendments
1400 to such text enacted other than by this act shall be preserved
1401 and continue to operate to the extent that such amendments are
1402 not dependent upon the portions of text which expire pursuant to
1403 this section.
1404 Section 38. In order to implement section 119 of the 2024
1405 2025 General Appropriations Act, paragraph (f) of subsection (7)
1406 of section 934.50, Florida Statutes, is amended to read:
1407 934.50 Searches and seizure using a drone.—
1408 (7) SECURITY STANDARDS FOR GOVERNMENTAL AGENCY DRONE USE.—
1409 (f) Notwithstanding this subsection:
1410 1. Subject to appropriation, the drone replacement grant
1411 program is created within the Department of Law Enforcement. The
1412 program shall provide funds to law enforcement agencies, fire
1413 service providers, ambulance crews, or other first responders
1414 that turn in drones that are not in compliance with this
1415 section. To be eligible, the drone must have not reached its end
1416 of life and must still be in working condition. Funds shall be
1417 provided per drone based upon the drone’s replacement costs
1418 current value. Grant funds may only be used to purchase drones
1419 that are in compliance with this section. The Department of Law
1420 Enforcement shall expeditiously develop an application process,
1421 and funds shall be allocated on a first-come, first-served
1422 basis, determined by the date the department receives the
1423 application. The department may adopt rules to implement this
1424 program. For the purposes of this paragraph, the term “law
1425 enforcement agency” has the same meaning as in this section.
1426 2. The Department of Law Enforcement shall provide drones
1427 received through the drone grant replacement program to the
1428 Florida Center for Cybersecurity within the University of South
1429 Florida. The Florida Center for Cybersecurity shall analyze
1430 whether the drones present cybersecurity concerns and shall
1431 provide its findings or recommendations to the Department of
1432 Management Services regarding the drones’ safety or security.
1433 3. The Department of Law Enforcement is authorized, and all
1434 conditions are deemed met, to adopt emergency rules under s.
1435 120.54(4) for the purpose of implementing the drone replacement
1436 grant program. Notwithstanding any other law, emergency rules
1437 adopted under this section are effective for 12 months after
1438 adoption and may be renewed during the pendency of procedures to
1439 adopt permanent rules addressing the subject of the emergency
1440 rules.
1441
1442 This paragraph expires July 1, 2025 2024.
1443 Section 39. In order to implement appropriations used to
1444 pay existing lease contracts for private lease space in excess
1445 of 2,000 square feet in the 2024-2025 General Appropriations
1446 Act, the Department of Management Services, with the cooperation
1447 of the agencies having the existing lease contracts for office
1448 or storage space, shall use tenant broker services to
1449 renegotiate or reprocure all private lease agreements for office
1450 or storage space expiring between July 1, 2025, and June 30,
1451 2027, in order to reduce costs in future years. The department
1452 shall incorporate this initiative into its 2024 master leasing
1453 report required under s. 255.249(7), Florida Statutes, and may
1454 use tenant broker services to explore the possibilities of
1455 collocating office or storage space, to review the space needs
1456 of each agency, and to review the length and terms of potential
1457 renewals or renegotiations. The department shall provide a
1458 report to the Executive Office of the Governor, the President of
1459 the Senate, and the Speaker of the House of Representatives by
1460 November 1, 2024, which lists each lease contract for private
1461 office or storage space, the status of renegotiations, and the
1462 savings achieved. This section expires July 1, 2025.
1463 Section 40. In order to implement appropriations authorized
1464 in the 2024-2025 General Appropriations Act for data center
1465 services, and notwithstanding s. 216.292(2)(a), Florida
1466 Statutes, an agency may not transfer funds from a data
1467 processing category to a category other than another data
1468 processing category. This section expires July 1, 2025.
1469 Section 41. In order to implement the appropriation of
1470 funds in the appropriation category “Special Categories-Risk
1471 Management Insurance” in the 2024-2025 General Appropriations
1472 Act, and pursuant to the notice, review, and objection
1473 procedures of s. 216.177, Florida Statutes, the Executive Office
1474 of the Governor may transfer funds appropriated in that category
1475 between departments in order to align the budget authority
1476 granted with the premiums paid by each department for risk
1477 management insurance. This section expires July 1, 2025.
1478 Section 42. In order to implement the appropriation of
1479 funds in the appropriation category “Special Categories-Transfer
1480 to Department of Management Services-Human Resources Services
1481 Purchased per Statewide Contract” in the 2024-2025 General
1482 Appropriations Act, and pursuant to the notice, review, and
1483 objection procedures of s. 216.177, Florida Statutes, the
1484 Executive Office of the Governor may transfer funds appropriated
1485 in that category between departments in order to align the
1486 budget authority granted with the assessments that must be paid
1487 by each agency to the Department of Management Services for
1488 human resource management services. This section expires July 1,
1489 2025.
1490 Section 43. In order to implement Specific Appropriation
1491 2880 in the 2024-2025 General Appropriations Act in the Building
1492 Relocation appropriation category from the Architects Incidental
1493 Trust Fund of the Department of Management Services, and in
1494 accordance with s. 215.196, Florida Statutes:
1495 (1) Upon the final disposition of a state-owned building,
1496 the Department of Management Services may use up to 5 percent of
1497 facility disposition funds from the Architects Incidental Trust
1498 Fund to defer, offset, or otherwise pay for all or a portion of
1499 relocation expenses including furniture, fixtures, and equipment
1500 for state agencies impacted by the disposition of the
1501 department’s managed facilities in the Florida Facilities Pool.
1502 The extent of the financial assistance provided to impacted
1503 state agencies shall be determined by the department.
1504 (2) The Department of Management Services may submit budget
1505 amendments for an increase in appropriation if necessary for the
1506 implementation of this section pursuant to the provisions of
1507 chapter 216, Florida Statutes. Budget amendments for an increase
1508 in appropriation shall include a detailed plan providing all
1509 estimated costs and relocation proposals.
1510 (3) This section expires July 1, 2025.
1511 Section 44. In order to implement Specific Appropriations
1512 2875 through 2880 of the 2024-2025 General Appropriations Act
1513 from the Architects Incidental Trust Fund of the Department of
1514 Management Services, notwithstanding s. 253.025(4), Florida
1515 Statutes, and in accordance with s. 215.196, Florida Statutes,
1516 the Department of Management Services may acquire additional
1517 state-owned office buildings as defined in s. 255.248, Florida
1518 Statutes, or property for inclusion in the Florida Facilities
1519 Pool as created in s. 255.505, Florida Statutes. This section
1520 expires July 1, 2025.
1521 Section 45. In order to implement Specific Appropriations
1522 2456 through 2462 of the 2024-2025 General Appropriations Act:
1523 (1) The Department of Financial Services shall replace the
1524 four main components of the Florida Accounting Information
1525 Resource Subsystem (FLAIR), which include central FLAIR,
1526 departmental FLAIR, payroll, and information warehouse, and
1527 shall replace the cash management and accounting management
1528 components of the Cash Management Subsystem (CMS) with an
1529 integrated enterprise system that allows the state to organize,
1530 define, and standardize its financial management business
1531 processes and that complies with ss. 215.90-215.96, Florida
1532 Statutes. The department may not include in the replacement of
1533 FLAIR and CMS:
1534 (a) Functionality that duplicates any of the other
1535 information subsystems of the Florida Financial Management
1536 Information System; or
1537 (b) Agency business processes related to any of the
1538 functions included in the Personnel Information System, the
1539 Purchasing Subsystem, or the Legislative Appropriations
1540 System/Planning and Budgeting Subsystem.
1541 (2) For purposes of replacing FLAIR and CMS, the Department
1542 of Financial Services shall:
1543 (a) Take into consideration the cost and implementation
1544 data identified for Option 3 as recommended in the March 31,
1545 2014, Florida Department of Financial Services FLAIR Study,
1546 version 031.
1547 (b) Ensure that all business requirements and technical
1548 specifications have been provided to all state agencies for
1549 their review and input and approved by the executive steering
1550 committee established in paragraph (c), including any updates to
1551 these documents.
1552 (c) Implement a project governance structure that includes
1553 an executive steering committee composed of:
1554 1. The Chief Financial Officer or the executive sponsor of
1555 the project.
1556 2. A representative of the Division of Treasury of the
1557 Department of Financial Services, appointed by the Chief
1558 Financial Officer.
1559 3. The chief information officers of the Department of
1560 Financial Services and the Department of Environmental
1561 Protection.
1562 4. Two employees from the Division of Accounting and
1563 Auditing of the Department of Financial Services, appointed by
1564 the Chief Financial Officer. Each employee must have experience
1565 relating to at least one of the four main components that
1566 comprise FLAIR.
1567 5. Two employees from the Executive Office of the Governor,
1568 appointed by the Governor. One employee must have experience
1569 relating to the Legislative Appropriations System/Planning and
1570 Budgeting Subsystem.
1571 6. One employee from the Department of Revenue, appointed
1572 by the executive director, who has experience using or
1573 maintaining the department’s finance and accounting systems.
1574 7. Two employees from the Department of Management
1575 Services, appointed by the Secretary of Management Services. One
1576 employee must have experience relating to the department’s
1577 personnel information subsystem, and one employee must have
1578 experience relating to the department’s purchasing subsystem.
1579 8. A state agency administrative services director,
1580 appointed by the Governor.
1581 9. The executive sponsor of the Florida Health Care
1582 Connection (FX) System or his or her designee, appointed by the
1583 Secretary of Health Care Administration.
1584 10. The state chief information officer, or his or her
1585 designee, as a nonvoting member. The state chief information
1586 officer, or his or her designee, shall provide monthly status
1587 reports to the executive steering committee pursuant to the
1588 oversight responsibilities in s. 282.0051, Florida Statutes.
1589 11. One employee from the Department of Business and
1590 Professional Regulation who has experience in finance and
1591 accounting and FLAIR, appointed by the Secretary of Business and
1592 Professional Regulation.
1593 12. One employee from the Fish and Wildlife Conservation
1594 Commission who has experience using or maintaining the
1595 commission’s finance and accounting systems, appointed by the
1596 chair of the Fish and Wildlife Conservation Commission.
1597 13. The budget director of the Department of Education, or
1598 his or her designee.
1599 (3)(a) The Chief Financial Officer or the executive sponsor
1600 of the project shall serve as chair of the executive steering
1601 committee, and the committee shall take action by a vote of at
1602 least eight affirmative votes with the Chief Financial Officer
1603 or the executive sponsor of the project voting on the prevailing
1604 side. A quorum of the executive steering committee consists of
1605 at least 10 members.
1606 (b) No later than 14 days before a meeting of the executive
1607 steering committee, the chair shall request input from committee
1608 members on agenda items for the next scheduled meeting.
1609 (c) The chair shall establish a working group consisting of
1610 FLAIR users, state agency technical staff who maintain
1611 applications that integrate with FLAIR, and no less than four
1612 state agency finance and accounting or budget directors. The
1613 working group shall meet at least monthly to review PALM
1614 functionality, assess project impacts to state financial
1615 business processes and agency staff, and develop recommendations
1616 to the executive steering committee for improvements. The chair
1617 shall request input from the working group on agenda items for
1618 each scheduled meeting. The PALM project team shall dedicate a
1619 staff member to the group and provide system demonstrations and
1620 any project documentation, as needed, for the group to fulfill
1621 its duties.
1622 (d) The chair shall request all agency project sponsors to
1623 provide bimonthly status reports to the executive steering
1624 committee. The form and format of the bimonthly status reports
1625 shall be developed by the Florida PALM project and provided to
1626 the executive steering committee meeting for approval. Such
1627 agency status reports shall provide information to the executive
1628 steering committee on the activities and ongoing work within the
1629 agency to prepare their systems and impacted employees for the
1630 deployment of the Florida PALM System. The first bimonthly
1631 status report is due September 1, 2024, and bimonthly
1632 thereafter.
1633 (4) The executive steering committee has the overall
1634 responsibility for ensuring that the project to replace FLAIR
1635 and CMS meets its primary business objectives and shall:
1636 (a) Identify and recommend to the Executive Office of the
1637 Governor, the President of the Senate, and the Speaker of the
1638 House of Representatives any statutory changes needed to
1639 implement the replacement subsystem that will standardize, to
1640 the fullest extent possible, the state’s financial management
1641 business processes.
1642 (b) Review and approve any changes to the project’s scope,
1643 schedule, and budget which do not conflict with the requirements
1644 of subsection (1).
1645 (c) Ensure that adequate resources are provided throughout
1646 all phases of the project.
1647 (d) Approve all major project deliverables and any cost
1648 changes to each deliverable over $250,000.
1649 (e) Approve contract amendments and changes to all
1650 contract-related documents associated with the replacement of
1651 FLAIR and CMS.
1652 (f) Review, and approve as warranted, the format of the
1653 bimonthly agency status reports to include meaningful
1654 information on each agency’s progress in planning for the
1655 Florida PALM Major Implementation, covering the agency’s people,
1656 processes, technology, and data transformation activities.
1657 (g) Ensure compliance with ss. 216.181(16), 216.311,
1658 216.313, 282.318(4)(h), and 287.058, Florida Statutes.
1659 (5) This section expires July 1, 2025.
1660 Section 46. In order to implement Specific Appropriation
1661 2991 of the 2024-2025 General Appropriations Act, and
1662 notwithstanding the expiration date in section 43 of chapter
1663 2023-240, Laws of Florida, subsection (3) of section 282.709,
1664 Florida Statutes, is reenacted to read:
1665 282.709 State agency law enforcement radio system and
1666 interoperability network.—
1667 (3) In recognition of the critical nature of the statewide
1668 law enforcement radio communications system, the Legislature
1669 finds that there is an immediate danger to the public health,
1670 safety, and welfare, and that it is in the best interest of the
1671 state to continue partnering with the system’s current operator.
1672 The Legislature finds that continuity of coverage is critical to
1673 supporting law enforcement, first responders, and other public
1674 safety users. The potential for a loss in coverage or a lack of
1675 interoperability between users requires emergency action and is
1676 a serious concern for officers’ safety and their ability to
1677 communicate and respond to various disasters and events.
1678 (a) The department, pursuant to s. 287.057(10), shall enter
1679 into a 15-year contract with the entity that was operating the
1680 statewide radio communications system on January 1, 2021. The
1681 contract must include:
1682 1. The purchase of radios;
1683 2. The upgrade to the Project 25 communications standard;
1684 3. Increased system capacity and enhanced coverage for
1685 system users;
1686 4. Operations, maintenance, and support at a fixed annual
1687 rate;
1688 5. The conveyance of communications towers to the
1689 department; and
1690 6. The assignment of communications tower leases to the
1691 department.
1692 (b) The State Agency Law Enforcement Radio System Trust
1693 Fund is established in the department and funded from surcharges
1694 collected under ss. 318.18, 320.0802, and 328.72. Upon
1695 appropriation, moneys in the trust fund may be used by the
1696 department to acquire the equipment, software, and engineering,
1697 administrative, and maintenance services it needs to construct,
1698 operate, and maintain the statewide radio system. Moneys in the
1699 trust fund from surcharges shall be used to help fund the costs
1700 of the system. Upon completion of the system, moneys in the
1701 trust fund may also be used by the department for payment of the
1702 recurring maintenance costs of the system.
1703 Section 47. The text of s. 282.709(3), Florida Statutes, as
1704 carried forward from chapter 2021-37, Laws of Florida, by this
1705 act, expires July 1, 2025, and the text of that subsection shall
1706 revert to that in existence on June 1, 2021, except that any
1707 amendments to such text enacted other than by this act shall be
1708 preserved and continue to operate to the extent that such
1709 amendments are not dependent upon the portions of text which
1710 expire pursuant to this section.
1711 Section 48. In order to implement appropriations relating
1712 to the purchase of equipment and services related to the
1713 Statewide Law Enforcement Radio System (SLERS) as authorized in
1714 the 2024-2025 General Appropriations Act, and notwithstanding s.
1715 287.057, Florida Statutes, state agencies and other eligible
1716 users of the SLERS network may use the Department of Management
1717 Services SLERS contract for purchase of equipment and services.
1718 This section expires July 1, 2025.
1719 Section 49. In order to implement Specific Appropriations
1720 2898 through 2909 of the 2024-2025 General Appropriations Act,
1721 and notwithstanding rule 60A-1.031, Florida Administrative Code,
1722 the transaction fee as identified in s. 287.057(24)(c), Florida
1723 Statutes, shall be collected for use of the online procurement
1724 system and is 0.7 percent for the 2024-2025 fiscal year only.
1725 This section expires July 1, 2025.
1726 Section 50. Effective upon this act becoming a law, and in
1727 order to implement Specific Appropriations 2448 through 2455 of
1728 the 2024-2025 General Appropriations Act, subsection (3) of
1729 section 717.123, Florida Statutes, is amended to read:
1730 717.123 Deposit of funds.—
1731 (3) Notwithstanding subsection (1), and for the 2023-2024
1732 2022-2023 fiscal year, the department shall retain, from funds
1733 received under this chapter, an amount not exceeding $65 million
1734 from which the department shall make prompt payment of claims
1735 allowed by the department and shall pay the costs incurred by
1736 the department in administering and enforcing this chapter. This
1737 subsection expires July 1, 2025 2024.
1738 Section 51. In order to implement Specific Appropriations
1739 3098 through 3130 of the 2024-2025 General Appropriations Act,
1740 paragraph (g) of subsection (13) of section 120.80, Florida
1741 Statutes, is amended to read:
1742 120.80 Exceptions and special requirements; agencies.—
1743 (13) FLORIDA PUBLIC SERVICE COMMISSION.—
1744 (g)1. Rules adopted by the Florida Public Service
1745 Commission to implement ss. 366.04(8) and (9) and 366.97 are not
1746 subject to s. 120.541.
1747 2. For the 2024-2025 2023-2024 fiscal year, rules adopted
1748 by the Florida Public Service Commission to implement ss.
1749 350.113, 364.336, 366.14, 367.145, and 368.109 are not subject
1750 to s. 120.541. This subparagraph expires July 1, 2025 2024.
1751 Section 52. In order to implement specific appropriations
1752 from the land acquisition trust funds within the Department of
1753 Agriculture and Consumer Services, the Department of
1754 Environmental Protection, the Department of State, and the Fish
1755 and Wildlife Conservation Commission, which are contained in the
1756 2024-2025 General Appropriations Act, subsection (3) of section
1757 215.18, Florida Statutes, is amended to read:
1758 215.18 Transfers between funds; limitation.—
1759 (3) Notwithstanding subsection (1) and only with respect to
1760 a land acquisition trust fund in the Department of Agriculture
1761 and Consumer Services, the Department of Environmental
1762 Protection, the Department of State, or the Fish and Wildlife
1763 Conservation Commission, whenever there is a deficiency in a
1764 land acquisition trust fund which would render that trust fund
1765 temporarily insufficient to meet its just requirements,
1766 including the timely payment of appropriations from that trust
1767 fund, and other trust funds in the State Treasury have moneys
1768 that are for the time being or otherwise in excess of the
1769 amounts necessary to meet the just requirements, including
1770 appropriated obligations, of those other trust funds, the
1771 Governor may order a temporary transfer of moneys from one or
1772 more of the other trust funds to a land acquisition trust fund
1773 in the Department of Agriculture and Consumer Services, the
1774 Department of Environmental Protection, the Department of State,
1775 or the Fish and Wildlife Conservation Commission. Any action
1776 proposed pursuant to this subsection is subject to the notice,
1777 review, and objection procedures of s. 216.177, and the Governor
1778 shall provide notice of such action at least 7 days before the
1779 effective date of the transfer of trust funds, except that
1780 during July 2024 2023, notice of such action shall be provided
1781 at least 3 days before the effective date of a transfer unless
1782 such 3-day notice is waived by the chair and vice chair of the
1783 Legislative Budget Commission. Any transfer of trust funds to a
1784 land acquisition trust fund in the Department of Agriculture and
1785 Consumer Services, the Department of Environmental Protection,
1786 the Department of State, or the Fish and Wildlife Conservation
1787 Commission must be repaid to the trust funds from which the
1788 moneys were loaned by the end of the 2024-2025 2023-2024 fiscal
1789 year. The Legislature has determined that the repayment of the
1790 other trust fund moneys temporarily loaned to a land acquisition
1791 trust fund in the Department of Agriculture and Consumer
1792 Services, the Department of Environmental Protection, the
1793 Department of State, or the Fish and Wildlife Conservation
1794 Commission pursuant to this subsection is an allowable use of
1795 the moneys in a land acquisition trust fund because the moneys
1796 from other trust funds temporarily loaned to a land acquisition
1797 trust fund shall be expended solely and exclusively in
1798 accordance with s. 28, Art. X of the State Constitution. This
1799 subsection expires July 1, 2025 2024.
1800 Section 53. (1) In order to implement specific
1801 appropriations from the land acquisition trust funds within the
1802 Department of Agriculture and Consumer Services, the Department
1803 of Environmental Protection, the Department of State, and the
1804 Fish and Wildlife Conservation Commission, which are contained
1805 in the 2024-2025 General Appropriations Act, the Department of
1806 Environmental Protection shall transfer revenues from the Land
1807 Acquisition Trust Fund within the department to the land
1808 acquisition trust funds within the Department of Agriculture and
1809 Consumer Services, the Department of State, and the Fish and
1810 Wildlife Conservation Commission as provided in this section. As
1811 used in this section, the term “department” means the Department
1812 of Environmental Protection.
1813 (2) After subtracting any required debt service payments,
1814 the proportionate share of revenues to be transferred to each
1815 land acquisition trust fund shall be calculated by dividing the
1816 appropriations from each of the land acquisition trust funds for
1817 the fiscal year by the total appropriations from the Land
1818 Acquisition Trust Fund within the department and the land
1819 acquisition trust funds within the Department of Agriculture and
1820 Consumer Services, the Department of State, and the Fish and
1821 Wildlife Conservation Commission for the fiscal year. The
1822 department shall transfer the proportionate share of the
1823 revenues in the Land Acquisition Trust Fund within the
1824 department on a monthly basis to the appropriate land
1825 acquisition trust funds within the Department of Agriculture and
1826 Consumer Services, the Department of State, and the Fish and
1827 Wildlife Conservation Commission and shall retain its
1828 proportionate share of the revenues in the Land Acquisition
1829 Trust Fund within the department. Total distributions to a land
1830 acquisition trust fund within the Department of Agriculture and
1831 Consumer Services, the Department of State, and the Fish and
1832 Wildlife Conservation Commission may not exceed the total
1833 appropriations from such trust fund for the fiscal year.
1834 (3) In addition, the department shall transfer from the
1835 Land Acquisition Trust Fund to land acquisition trust funds
1836 within the Department of Agriculture and Consumer Services, the
1837 Department of State, and the Fish and Wildlife Conservation
1838 Commission amounts equal to the difference between the amounts
1839 appropriated in chapter 2023-239, Laws of Florida, to the
1840 department’s Land Acquisition Trust Fund and the other land
1841 acquisition trust funds, and the amounts actually transferred
1842 between those trust funds during the 2023-2024 fiscal year.
1843 (4) The department may advance funds from the beginning
1844 unobligated fund balance in the Land Acquisition Trust Fund to
1845 the Land Acquisition Trust Fund within the Fish and Wildlife
1846 Conservation Commission needed for cash flow purposes based on a
1847 detailed expenditure plan. The department shall prorate amounts
1848 transferred quarterly to the Fish and Wildlife Conservation
1849 Commission to recoup the amount of funds advanced by June 30,
1850 2025.
1851 (5) This section expires July 1, 2025.
1852 Section 54. In order to implement specific appropriations
1853 from the Florida Forever Trust Fund within the Department of
1854 Environmental Protection, which are contained in the 2024-2025
1855 General Appropriations Act, paragraph (m) of subsection (3) of
1856 section 259.105, Florida Statutes, is amended to read:
1857 259.105 The Florida Forever Act.—
1858 (3) Less the costs of issuing and the costs of funding
1859 reserve accounts and other costs associated with bonds, the
1860 proceeds of cash payments or bonds issued pursuant to this
1861 section shall be deposited into the Florida Forever Trust Fund
1862 created by s. 259.1051. The proceeds shall be distributed by the
1863 Department of Environmental Protection in the following manner:
1864 (m) Notwithstanding paragraphs (a)-(j) and for the 2024
1865 2025 2023-2024 fiscal year, the proceeds shall be distributed as
1866 provided in the General Appropriations Act. This paragraph
1867 expires July 1, 2025 2024.
1868 Section 55. In order to implement Specific Appropriation
1869 1804 of the 2024-2025 General Appropriations Act, and
1870 notwithstanding the expiration date in section 58 of chapter
1871 2023-240, Laws of Florida, paragraph (g) of subsection (15) of
1872 section 376.3071, Florida Statutes, is reenacted to read:
1873 376.3071 Inland Protection Trust Fund; creation; purposes;
1874 funding.—
1875 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
1876 department shall pay, pursuant to this subsection, up to $10
1877 million each fiscal year from the fund for the costs of labor
1878 and equipment to repair or replace petroleum storage systems
1879 that may have been damaged due to the storage of fuels blended
1880 with ethanol or biodiesel, or for preventive measures to reduce
1881 the potential for such damage.
1882 (g) Payments may not be made for the following:
1883 1. Proposal costs or costs related to preparation of the
1884 application and required documentation;
1885 2. Certified public accountant costs;
1886 3. Except as provided in paragraph (j), any costs in excess
1887 of the amount approved by the department under paragraph (b) or
1888 which are not in substantial compliance with the purchase order;
1889 4. Costs associated with storage tanks, piping, or
1890 ancillary equipment that has previously been repaired or
1891 replaced for which costs have been paid under this section;
1892 5. Facilities that are not in compliance with department
1893 storage tank rules, until the noncompliance issues have been
1894 resolved; or
1895 6. Costs associated with damage to petroleum storage
1896 systems caused in whole or in part by causes other than the
1897 storage of fuels blended with ethanol or biodiesel.
1898 Section 56. The text of s. 376.3071(15)(g), Florida
1899 Statutes, as carried forward from chapter 2020-114, Laws of
1900 Florida, by this act expires July 1, 2025, and the text of that
1901 paragraph shall revert to that in existence on July 1, 2020, but
1902 not including any amendments made by this act or chapter 2020
1903 114, Laws of Florida, and any amendments to such text enacted
1904 other than by this act shall be preserved and continue to
1905 operate to the extent that such amendments are not dependent
1906 upon the portion of text which expires pursuant to this section.
1907 Section 57. In order to implement Specific Appropriation
1908 2274A of the 2024-2025 General Appropriations Act, and
1909 notwithstanding chapter 287, Florida Statutes, the Department of
1910 Citrus shall enter into agreements for the purpose of increasing
1911 production of trees that show tolerance or resistance to citrus
1912 greening and to commercialize technologies that produce
1913 tolerance or resistance to citrus greening in trees, and to
1914 advance technologies leading to the creation of a genetically
1915 engineered self-limiting strain of an Asian citrus Psyllid for
1916 population suppression. The department shall enter into these
1917 agreements no later than January 1, 2025, and shall file with
1918 the department’s Inspector General a certification of conditions
1919 and circumstances justifying each agreement entered into without
1920 competitive solicitation. This section expires July 1, 2025.
1921 Section 58. In order to implement Specific Appropriation
1922 1565A of the 2024-2025 General Appropriations Act, section
1923 601.295, Florida Statutes, is created to read:
1924 601.295 Citrus Recovery Loan Program.—
1925 (1) The Citrus Recovery Loan Program is created within the
1926 Department of Agriculture to provide a financing tool to
1927 commercial citrus growers for the recovery or reestablishment of
1928 citrus groves.
1929 (2) Loans must be made by application to the department.
1930 The department shall publicly notice an application period.
1931 (a) For applications received during the application
1932 period, at least 60 percent of the appropriated funds must be
1933 made available to growers who, for property tax purposes, have
1934 citrus groves greater than or equal to 5 acres, but less than
1935 2,500 acres.
1936 (b) After the noticed application period, the remaining
1937 funds available must be made available to all commercial citrus
1938 growers.
1939 (3) Loans must be made pursuant to written agreements
1940 specifying the terms and conditions agreed to by the approved
1941 applicant and the department. The loan agreement must specify
1942 that the loan is due upon sale if the property is sold. A loan
1943 is not assumable. An approved applicant must agree to stay in
1944 production for the duration of the loan.
1945 (4) Loans must be interest-free and provided through a
1946 promissory note or other form of written agreement evidencing an
1947 obligation to repay the borrowed funds to the department.
1948 (5) The loans must be made in installments after execution
1949 of a loan agreement. The first installment must be provided for
1950 tree deposits and the ordering of replacement trees. Remaining
1951 installments must be made when the citrus grower takes ownership
1952 of the replacement trees.
1953 (6) The term of the loan must be 120 months, commencing 60
1954 months after the execution of the loan agreement and the first
1955 installment. The loans become due and payable in accordance with
1956 the terms of the agreement, which may be structured with annual
1957 payments between 3 percent and 15 percent of the original
1958 principal. Additionally, loan payments may be made at any time
1959 before the loan is due without penalty.
1960 (7) If loan repayments are made in accordance with the loan
1961 agreement, after 70 percent of the loan is repaid, the remaining
1962 portion is converted to a grant.
1963 (8) The department may waive loan payments if at any time
1964 during the repayment period of a loan, the commercial citrus
1965 grower experiences a significant hardship such as crop loss from
1966 a weather-related event or from impacts from a natural disaster.
1967 (9) The department may adopt rules to implement and
1968 administer this section.
1969 (10) This section expires July 1, 2025.
1970 Section 59. In order to implement Specific Appropriation
1971 1740B of the 2024-2025 General Appropriations Act, the Local
1972 Government Water Supply Grant Program is created within the
1973 Department of Environmental Protection. The Department of
1974 Environmental Protection shall implement the program to provide
1975 funds to local governments for water supply infrastructure,
1976 including distribution and transmission facilities. To be
1977 eligible for the program, a water supply infrastructure project
1978 must be located within the boundaries of the Northwest Florida
1979 Water Management District or the Suwannee River Water Management
1980 District and north of Interstate 10. If a developer is involved
1981 in the project, the Department of Environmental Protection shall
1982 require match funding equal to the amount of the grant request
1983 from local, federal, or private funds. The Department of
1984 Environmental Protection shall expeditiously develop an
1985 application process and may adopt rules to implement this
1986 program. This section expires July 1, 2025.
1987 Section 60. In order to implement section 135 of the 2024
1988 2025 General Appropriations Act, section 380.5105, Florida
1989 Statutes, is amended to read:
1990 380.5105 The Stan Mayfield Working Waterfronts; Florida
1991 Forever program.—
1992 (1) Notwithstanding any other provision of this chapter, it
1993 is the intent of the Legislature that the trust shall administer
1994 the working waterfronts land acquisition program as set forth in
1995 this section.
1996 (a)(2) The trust and the Department of Agriculture and
1997 Consumer Services shall jointly develop rules specifically
1998 establishing an application process and a process for the
1999 evaluation, scoring and ranking of working waterfront
2000 acquisition projects. The proposed rules jointly developed
2001 pursuant to this paragraph subsection shall be promulgated by
2002 the trust. Such rules shall establish a system of weighted
2003 criteria to give increased priority to projects:
2004 1.(a) Within a municipality with a population less than
2005 30,000;
2006 2.(b) Within a municipality or area under intense growth
2007 and development pressures, as evidenced by a number of factors,
2008 including a determination that the municipality’s growth rate
2009 exceeds the average growth rate for the state;
2010 3.(c) Within the boundary of a community redevelopment
2011 agency established pursuant to s. 163.356;
2012 4.(d) Adjacent to state-owned submerged lands designated as
2013 an aquatic preserve identified in s. 258.39; or
2014 5.(e) That provide a demonstrable benefit to the local
2015 economy.
2016 (b)(3) For projects that will require more than the grant
2017 amount awarded for completion, the applicant must identify in
2018 their project application funding sources that will provide the
2019 difference between the grant award and the estimated project
2020 completion cost. Such rules may be incorporated into those
2021 developed pursuant to s. 380.507(11).
2022 (c)(4) The trust shall develop a ranking list based on
2023 criteria identified in paragraph (a) subsection (2) for proposed
2024 fee simple and less-than-fee simple acquisition projects
2025 developed pursuant to this section. The trust shall, by the
2026 first Board of Trustees of the Internal Improvement Trust Fund
2027 meeting in February, present the ranking list pursuant to this
2028 section to the board of trustees for final approval of projects
2029 for funding. The board of trustees may remove projects from the
2030 ranking list but may not add projects.
2031 (d)(5) Grant awards, acquisition approvals, and terms of
2032 less-than-fee acquisitions shall be approved by the trust.
2033 Waterfront communities that receive grant awards must submit
2034 annual progress reports to the trust identifying project
2035 activities which are complete, and the progress achieved in
2036 meeting the goals outlined in the project application. The trust
2037 must implement a process to monitor and evaluate the performance
2038 of grant recipients in completing projects that are funded
2039 through the working waterfronts program.
2040 (2) Notwithstanding any other provision of this chapter, it
2041 is the intent of the Legislature that the Department of
2042 Environmental Protection shall administer the working
2043 waterfronts capital outlay grant program as set forth in this
2044 section to support the commercial fishing industry, including
2045 the infrastructure for receiving or unloading seafood for the
2046 purpose of supporting the seafood economy.
2047 (a) The working waterfronts capital outlay grant program is
2048 created, subject to appropriation, to provide funding to assist
2049 commercial saltwater products or commercial saltwater wholesale
2050 dealer or retailer license holders and seafood houses in
2051 maintaining their operations.
2052 (b) Eligible costs and expenditures include fixed capital
2053 outlay and operating capital outlay, including, but not limited
2054 to, the repair and maintenance or replacement of equipment, the
2055 repair and maintenance or replacement of water-adjacent
2056 facilities or infrastructure, and the construction or renovation
2057 of shore-side facilities.
2058 (c) The applicant must demonstrate a benefit to the local
2059 economy.
2060 (d) Grant recipients must submit annual progress reports to
2061 the department identifying project activities that are complete
2062 and the progress achieved in meeting the goals outlines in the
2063 project application.
2064 (e) The department shall implement a process to monitor and
2065 evaluate the performance of grant recipients in completing
2066 projects funded through the program.
2067 Section 61. The amendments to s. 380.5105, Florida
2068 Statutes, made by this act expire July 1, 2025, and the text of
2069 that section shall revert to that in existence on June 30, 2024,
2070 except that any amendments to such text enacted other than by
2071 this act shall be preserved and continue to operate to the
2072 extent that such amendments are not dependent upon the portions
2073 of text which expire pursuant to this section.
2074 Section 62. In order to implement Specific Appropriation
2075 2736 of the 2024-2025 General Appropriations Act, paragraph (b)
2076 of subsection (3) and subsection (5) of section 321.04, Florida
2077 Statutes, are amended to read:
2078 321.04 Personnel of the highway patrol; rank
2079 classifications; probationary status of new patrol officers;
2080 subsistence; special assignments.—
2081 (3)
2082 (b) For the 2024-2025 2023-2024 fiscal year only, upon the
2083 request of the Governor, the Department of Highway Safety and
2084 Motor Vehicles shall assign one or more patrol officers to the
2085 office of the Lieutenant Governor for security services. This
2086 paragraph expires July 1, 2025 2024.
2087 (5) For the 2024-2025 2023-2024 fiscal year only, the
2088 assignment of a patrol officer by the department shall include a
2089 Cabinet member specified in s. 4, Art. IV of the State
2090 Constitution if deemed appropriate by the department or in
2091 response to a threat and upon written request of such Cabinet
2092 member. This subsection expires July 1, 2025 2024.
2093 Section 63. In order to implement section 164 of the 2024
2094 2025 General Appropriations Act, subsection (3) of section
2095 288.80125, Florida Statutes, is amended to read:
2096 288.80125 Triumph Gulf Coast Trust Fund.—
2097 (3) For the 2024-2025 2023-2024 fiscal year, funds shall be
2098 used for the Rebuild Florida Revolving Loan Fund program to
2099 provide assistance to businesses impacted by Hurricane Michael
2100 as provided in the General Appropriations Act. This subsection
2101 expires July 1, 2025 2024.
2102 Section 64. In order to implement Specific Appropriations
2103 2284 through 2291 of the 2024-2025 General Appropriations Act,
2104 and notwithstanding the expiration date in section 65 of chapter
2105 2023-240, Laws of Florida, subsection (3) of section 288.8013,
2106 Florida Statutes, is reenacted to read:
2107 288.8013 Triumph Gulf Coast, Inc.; creation; funding;
2108 investment.—
2109 (3) Triumph Gulf Coast, Inc., shall establish a trust
2110 account at a federally insured financial institution to hold
2111 funds received from the Triumph Gulf Coast Trust Fund and make
2112 deposits and payments. Triumph Gulf Coast, Inc., may invest
2113 surplus funds in the Local Government Surplus Funds Trust Fund,
2114 pursuant to s. 218.407. Earnings generated by investments and
2115 interest of the fund may be retained and used to make awards
2116 pursuant to this act or, notwithstanding paragraph (2)(d), for
2117 administrative costs, including costs in excess of the cap.
2118 Administrative costs may include payment of travel and per diem
2119 expenses of board members, audits, salary or other costs for
2120 employed or contracted staff, including required staff under s.
2121 288.8014(9), and other allowable costs. The annual salary for
2122 any employee or contracted staff may not exceed $130,000, and
2123 associated benefits may not exceed 35 percent of salary.
2124 Section 65. The text of s. 288.8013(3), Florida Statutes,
2125 as carried forward from chapter 2023-240, Laws of Florida, by
2126 this act expires July 1, 2025, and the text of that subsection
2127 shall revert to that in existence on June 30, 2023, except that
2128 any amendments to such text enacted other than by this act shall
2129 be preserved and continue to operate to the extent that such
2130 amendments are not dependent upon the portions of text which
2131 expire pursuant to this section.
2132 Section 66. In order to implement section 205 of the 2024
2133 2025 General Appropriations Act, subsection (4) of section
2134 339.08, Florida Statutes, is amended to read:
2135 339.08 Use of moneys in State Transportation Trust Fund.—
2136 (4) Notwithstanding any other law, and for the 2024-2025
2137 2023-2024 fiscal year only, funds are appropriated to the State
2138 Transportation Trust Fund from the General Revenue Fund as
2139 provided in the General Appropriations Act. The department is
2140 not required to deplete the resources transferred from the
2141 General Revenue Fund for the fiscal year as required in s.
2142 339.135(3)(b), and the funds may not be used in calculating the
2143 required quarterly cash balance of the trust fund as required in
2144 s. 339.135(6)(b). This subsection expires July 1, 2025 2024.
2145 Section 67. In order to implement Specific Appropriations
2146 2024 through 2037, 2049 through 2055, 2058 through 2069, and
2147 2070 through 2072 of the 2024-2025 General Appropriations Act,
2148 paragraph (h) of subsection (7) of section 339.135, Florida
2149 Statutes, is amended to read:
2150 339.135 Work program; legislative budget request;
2151 definitions; preparation, adoption, execution, and amendment.—
2152 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
2153 (h)1. Any work program amendment that also adds a new
2154 project, or phase thereof, to the adopted work program in excess
2155 of $3 million is subject to approval by the Legislative Budget
2156 Commission. Any work program amendment submitted under this
2157 paragraph must include, as supplemental information, a list of
2158 projects, or phases thereof, in the current 5-year adopted work
2159 program which are eligible for the funds within the
2160 appropriation category being used for the proposed amendment.
2161 The department shall provide a narrative with the rationale for
2162 not advancing an existing project, or phase thereof, in lieu of
2163 the proposed amendment.
2164 2. If the department submits an amendment to the
2165 Legislative Budget Commission and the commission does not meet
2166 or consider the amendment within 30 days after its submittal,
2167 the chair and vice chair of the commission may authorize the
2168 amendment to be approved pursuant to s. 216.177. This
2169 subparagraph expires July 1, 2025 2024.
2170 Section 68. In order to implement section 197 of the 2024
2171 2025 General Appropriations Act, section 250.245, Florida
2172 Statutes, is reenacted and amended to read:
2173 250.245 Florida National Guard Joint Enlistment Enhancement
2174 Program.—
2175 (1) The Florida National Guard Joint Enlistment Enhancement
2176 Program (JEEP) is established within the Department of Military
2177 Affairs. The purpose of the program is to motivate soldiers,
2178 airmen, and retirees of the Florida National Guard to bolster
2179 recruitment efforts and increase the force structure of the
2180 Florida National Guard.
2181 (2) As used in this section, the term “recruiting
2182 assistant” means a member of the Florida National Guard or a
2183 retiree of the Florida National Guard who assists in the
2184 recruitment of a new member and who provides motivation,
2185 encouragement, and moral support until the enlistment of such
2186 new member.
2187 (3) A current member in pay grade E-1 to O-3 or a retiree
2188 in any pay grade is eligible for participation in JEEP as a
2189 recruiting assistant.
2190 (4) The Adjutant General shall provide compensation to
2191 recruiting assistants participating in JEEP. A recruiting
2192 assistant shall receive $1,000 for each new member referred by
2193 them to the Florida National Guard upon the enlistment of such
2194 referred member.
2195 (5) The Department of Military Affairs, in cooperation with
2196 the Florida National Guard, shall adopt rules to administer the
2197 program.
2198 (6) This section expires July 1, 2025 2024.
2199 Section 69. In order to implement Specific Appropriation
2200 2348 of the 2024-2025 General Appropriations Act, subsection (6)
2201 of section 288.0655, Florida Statutes, is amended to read:
2202 288.0655 Rural Infrastructure Fund.—
2203 (6) For the 2024-2025 2023-2024 fiscal year, the funds
2204 appropriated for the grant program for Florida Panhandle
2205 counties shall be distributed pursuant to and for the purposes
2206 described in the proviso language associated with Specific
2207 Appropriation 2348 2342 of the 2024-2025 2023-2024 General
2208 Appropriations Act. This subsection expires July 1, 2025 2024.
2209 Section 70. In order to implement Specific Appropriations
2210 2705 and 2706 of the 2024-2025 General Appropriations Act, and
2211 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
2212 Division of Emergency Management may submit budget amendments,
2213 subject to the notice, review, and objection procedures of s.
2214 216.177, Florida Statutes, to increase budget authority for
2215 projected expenditures due to reimbursements from federally
2216 declared disasters. This section expires July 1, 2025.
2217 Section 71. In order to implement Specific Appropriation
2218 2671 of the 2024-2025 General Appropriations Act, paragraph (d)
2219 of subsection (4) of section 112.061, Florida Statutes, is
2220 amended to read:
2221 112.061 Per diem and travel expenses of public officers,
2222 employees, and authorized persons; statewide travel management
2223 system.—
2224 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2225 officer or employee assigned to an office shall be the city or
2226 town in which the office is located except that:
2227 (d) A Lieutenant Governor who permanently resides outside
2228 of Leon County, may, if he or she so requests, have an
2229 appropriate facility in his or her county designated as his or
2230 her official headquarters for purposes of this section. This
2231 official headquarters may only serve as the Lieutenant
2232 Governor’s personal office. The Lieutenant Governor may not use
2233 state funds to lease space in any facility for his or her
2234 official headquarters.
2235 1. A Lieutenant Governor for whom an official headquarters
2236 is established in his or her county of residence pursuant to
2237 this paragraph is eligible for subsistence at a rate to be
2238 established by the Governor for each day or partial day that the
2239 Lieutenant Governor is at the State Capitol to conduct official
2240 state business. In addition to the subsistence allowance, a
2241 Lieutenant Governor is eligible for reimbursement for
2242 transportation expenses as provided in subsection (7) for travel
2243 between the Lieutenant Governor’s official headquarters and the
2244 State Capitol to conduct state business.
2245 2. Payment of subsistence and reimbursement for
2246 transportation between a Lieutenant Governor’s official
2247 headquarters and the State Capitol shall be made to the extent
2248 appropriated funds are available, as determined by the Governor.
2249 3. This paragraph expires July 1, 2025 2024.
2250 Section 72. (1) In order to implement section 8 of the
2251 2024-2025 General Appropriations Act, beginning July 1, 2024,
2252 and on the first day of each month thereafter, the Department of
2253 Management Services shall assess an administrative health
2254 insurance assessment to each state agency equal to the
2255 employer’s cost of individual employee health care coverage for
2256 each vacant position within such agency eligible for coverage
2257 through the Division of State Group Insurance. As used in this
2258 section, the term “state agency” means an agency within the
2259 State Personnel System, the Department of the Lottery, the
2260 Justice Administrative Commission and all entities
2261 administratively housed in the Justice Administrative
2262 Commission, and the state courts system.
2263 (2) Each state agency shall remit the assessed
2264 administrative health insurance assessment under subsection (1)
2265 to the State Employees Health Insurance Trust Fund, for the
2266 State Group Insurance Program, as provided in ss. 110.123 and
2267 110.1239, Florida Statutes, from currently allocated monies for
2268 salaries and benefits, within 30 days after receipt of the
2269 assessment from the Department of Management Services. Should
2270 any state agency become more than 60 days delinquent in payment
2271 of this obligation, the Department of Management Services shall
2272 certify to the Chief Financial Officer the amount due, and the
2273 Chief Financial Officer shall transfer the amount due to the
2274 Department of Management Services.
2275 (3) The administrative health insurance assessment shall
2276 not apply to positions for which funding, or a portion of
2277 funding, is paid for with federal funds. Each state agency shall
2278 provide the Department of Management Services with a complete
2279 list of position numbers that are funded, or partially funded,
2280 with federal funding no later than July 31, 2024, and shall
2281 update the list on the last day of each month thereafter. For
2282 federally funded positions, or partially funded positions, each
2283 state agency shall immediately take steps to include the
2284 administrative health insurance assessment in its indirect cost
2285 plan for the 2024-2025 fiscal year and each fiscal year
2286 thereafter. A state agency shall notify the Department of
2287 Management Services upon approval of the updated indirect cost
2288 plan. If the state agency is not able to obtain approval from
2289 its federal awarding agency, the state agency must notify the
2290 Department of Management Services no later than January 16,
2291 2025.
2292 (4) Pursuant to the notice, review, and objection
2293 procedures of s. 216.177, Florida Statutes, the Executive Office
2294 of the Governor may transfer budget authority appropriated in
2295 the Salaries and Benefits appropriation category between
2296 agencies in order to align the appropriations granted with the
2297 assessments that must be paid by each agency to the Department
2298 of Management Services for the administrative health insurance
2299 assessment.
2300 (5) This section expires July 1, 2025.
2301 Section 73. In order to implement Specific Appropriations
2302 2800 and 2801 of the 2024-2025 General Appropriations Act, and
2303 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2304 salaries for members of the Legislature for the 2024-2025 fiscal
2305 year shall be set at the same level in effect on July 1, 2010.
2306 This section expires July 1, 2025.
2307 Section 74. In order to implement the transfer of funds
2308 from the General Revenue Fund from trust funds for the 2024-2025
2309 General Appropriations Act, and notwithstanding the expiration
2310 date in section 76 of chapter 2023-240, Laws of Florida,
2311 paragraph (b) of subsection (2) of section 215.32, Florida
2312 Statutes, is reenacted to read:
2313 215.32 State funds; segregation.—
2314 (2) The source and use of each of these funds shall be as
2315 follows:
2316 (b)1. The trust funds shall consist of moneys received by
2317 the state which under law or under trust agreement are
2318 segregated for a purpose authorized by law. The state agency or
2319 branch of state government receiving or collecting such moneys
2320 is responsible for their proper expenditure as provided by law.
2321 Upon the request of the state agency or branch of state
2322 government responsible for the administration of the trust fund,
2323 the Chief Financial Officer may establish accounts within the
2324 trust fund at a level considered necessary for proper
2325 accountability. Once an account is established, the Chief
2326 Financial Officer may authorize payment from that account only
2327 upon determining that there is sufficient cash and releases at
2328 the level of the account.
2329 2. In addition to other trust funds created by law, to the
2330 extent possible, each agency shall use the following trust funds
2331 as described in this subparagraph for day-to-day operations:
2332 a. Operations or operating trust fund, for use as a
2333 depository for funds to be used for program operations funded by
2334 program revenues, with the exception of administrative
2335 activities when the operations or operating trust fund is a
2336 proprietary fund.
2337 b. Operations and maintenance trust fund, for use as a
2338 depository for client services funded by third-party payors.
2339 c. Administrative trust fund, for use as a depository for
2340 funds to be used for management activities that are departmental
2341 in nature and funded by indirect cost earnings and assessments
2342 against trust funds. Proprietary funds are excluded from the
2343 requirement of using an administrative trust fund.
2344 d. Grants and donations trust fund, for use as a depository
2345 for funds to be used for allowable grant or donor agreement
2346 activities funded by restricted contractual revenue from private
2347 and public nonfederal sources.
2348 e. Agency working capital trust fund, for use as a
2349 depository for funds to be used pursuant to s. 216.272.
2350 f. Clearing funds trust fund, for use as a depository for
2351 funds to account for collections pending distribution to lawful
2352 recipients.
2353 g. Federal grant trust fund, for use as a depository for
2354 funds to be used for allowable grant activities funded by
2355 restricted program revenues from federal sources.
2356
2357 To the extent possible, each agency must adjust its internal
2358 accounting to use existing trust funds consistent with the
2359 requirements of this subparagraph. If an agency does not have
2360 trust funds listed in this subparagraph and cannot make such
2361 adjustment, the agency must recommend the creation of the
2362 necessary trust funds to the Legislature no later than the next
2363 scheduled review of the agency’s trust funds pursuant to s.
2364 215.3206.
2365 3. All such moneys are hereby appropriated to be expended
2366 in accordance with the law or trust agreement under which they
2367 were received, subject always to the provisions of chapter 216
2368 relating to the appropriation of funds and to the applicable
2369 laws relating to the deposit or expenditure of moneys in the
2370 State Treasury.
2371 4.a. Notwithstanding any provision of law restricting the
2372 use of trust funds to specific purposes, unappropriated cash
2373 balances from selected trust funds may be authorized by the
2374 Legislature for transfer to the Budget Stabilization Fund and
2375 General Revenue Fund in the General Appropriations Act.
2376 b. This subparagraph does not apply to trust funds required
2377 by federal programs or mandates; trust funds established for
2378 bond covenants, indentures, or resolutions whose revenues are
2379 legally pledged by the state or public body to meet debt service
2380 or other financial requirements of any debt obligations of the
2381 state or any public body; the Division of Licensing Trust Fund
2382 in the Department of Agriculture and Consumer Services; the
2383 State Transportation Trust Fund; the trust fund containing the
2384 net annual proceeds from the Florida Education Lotteries; the
2385 Florida Retirement System Trust Fund; trust funds under the
2386 management of the State Board of Education or the Board of
2387 Governors of the State University System, where such trust funds
2388 are for auxiliary enterprises, self-insurance, and contracts,
2389 grants, and donations, as those terms are defined by general
2390 law; trust funds that serve as clearing funds or accounts for
2391 the Chief Financial Officer or state agencies; trust funds that
2392 account for assets held by the state in a trustee capacity as an
2393 agent or fiduciary for individuals, private organizations, or
2394 other governmental units; and other trust funds authorized by
2395 the State Constitution.
2396 Section 75. The text of s. 215.32(2)(b), Florida Statutes,
2397 as carried forward from chapter 2011-47, Laws of Florida, by
2398 this act, expires July 1, 2025, and the text of that paragraph
2399 shall revert to that in existence on June 30, 2011, except that
2400 any amendments to such text enacted other than by this act shall
2401 be preserved and continue to operate to the extent that such
2402 amendments are not dependent upon the portions of text which
2403 expire pursuant to this section.
2404 Section 76. In order to implement appropriations in the
2405 2024-2025 General Appropriations Act for state employee travel,
2406 the funds appropriated to each state agency which may be used
2407 for travel by state employees are limited during the 2024-2025
2408 fiscal year to travel for activities that are critical to each
2409 state agency’s mission. Funds may not be used for travel by
2410 state employees to foreign countries, other states, conferences,
2411 staff training activities, or other administrative functions
2412 unless the agency head has approved, in writing, that such
2413 activities are critical to the agency’s mission. The agency head
2414 shall consider using teleconferencing and other forms of
2415 electronic communication to meet the needs of the proposed
2416 activity before approving mission-critical travel. This section
2417 does not apply to travel for law enforcement purposes, military
2418 purposes, emergency management activities, or public health
2419 activities. This section expires July 1, 2025.
2420 Section 77. In order to implement appropriations in the
2421 2024-2025 General Appropriations Act for state employee travel,
2422 and notwithstanding s. 112.061, Florida Statutes, costs for
2423 lodging associated with a meeting, conference, or convention
2424 organized or sponsored in whole or in part by a state agency or
2425 the judicial branch may not exceed $225 per day. An employee may
2426 expend his or her own funds for any lodging expenses in excess
2427 of $225 per day. For purposes of this section, a meeting does
2428 not include travel activities for conducting an audit,
2429 examination, inspection, or investigation or travel activities
2430 related to a litigation or emergency response. This section
2431 expires July 1, 2025.
2432 Section 78. In order to implement the salaries and
2433 benefits, expenses, other personal services, contracted
2434 services, special categories, and operating capital outlay
2435 categories of the 2024-2025 General Appropriations Act,
2436 paragraph (a) of subsection (2) of section 216.292, Florida
2437 Statutes, is amended to read:
2438 216.292 Appropriations nontransferable; exceptions.—
2439 (2) The following transfers are authorized to be made by
2440 the head of each department or the Chief Justice of the Supreme
2441 Court whenever it is deemed necessary by reason of changed
2442 conditions:
2443 (a) The transfer of appropriations funded from identical
2444 funding sources, except appropriations for fixed capital outlay,
2445 and the transfer of amounts included within the total original
2446 approved budget and plans of releases of appropriations as
2447 furnished pursuant to ss. 216.181 and 216.192, as follows:
2448 1. Between categories of appropriations within a budget
2449 entity, if no category of appropriation is increased or
2450 decreased by more than 5 percent of the original approved budget
2451 or $250,000, whichever is greater, by all action taken under
2452 this subsection.
2453 2. Between budget entities within identical categories of
2454 appropriations, if no category of appropriation is increased or
2455 decreased by more than 5 percent of the original approved budget
2456 or $250,000, whichever is greater, by all action taken under
2457 this subsection.
2458 3. Any agency exceeding salary rate established pursuant to
2459 s. 216.181(8) on June 30th of any fiscal year shall not be
2460 authorized to make transfers pursuant to subparagraphs 1. and 2.
2461 in the subsequent fiscal year.
2462 4. Notice of proposed transfers under subparagraphs 1. and
2463 2. shall be provided to the Executive Office of the Governor and
2464 the chairs of the legislative appropriations committees at least
2465 3 days prior to agency implementation in order to provide an
2466 opportunity for review. The review shall be limited to ensuring
2467 that the transfer is in compliance with the requirements of this
2468 paragraph.
2469 5. For the 2024-2025 2023-2024 fiscal year, the review
2470 shall ensure that transfers proposed pursuant to this paragraph
2471 comply with this chapter, maximize the use of available and
2472 appropriate trust funds, and are not contrary to legislative
2473 policy and intent. This subparagraph expires July 1, 2025 2024.
2474 Section 79. In order to implement appropriations in the
2475 2024-2025 General Appropriations Act for the acquisitions of
2476 motor vehicles, and notwithstanding chapter 287, Florida
2477 Statutes, relating to the purchase of motor vehicles from a
2478 state term contract, state agencies may purchase vehicles from
2479 nonstate term contract vendors without prior approval from the
2480 Department of Management Services, provided the cost of the
2481 motor vehicle is equal to or less than the cost of a similar
2482 class of vehicle found on a state term contract and provided the
2483 funds for the purchase have been specifically appropriated. This
2484 section expires July 1, 2025.
2485 Section 80. In order to implement Specific Appropriation
2486 2880 in the 2024-2025 General Appropriations Act, and
2487 notwithstanding s. 255.25(3)(a), Florida Statutes, the
2488 Department of Management Services, the Executive Office of the
2489 Governor, the Commissioner of Agriculture, the Chief Financial
2490 Officer, and the Attorney General are authorized to enter into a
2491 lease as a lessee for the use of space in a privately owned
2492 building, even if such space is 5,000 square feet or more,
2493 without having to advertise or receive competitive
2494 solicitations. This section expires July 1, 2025.
2495 Section 81. In order to implement Specific Appropriations
2496 1672 through 1687 of the 2024-2025 General Appropriations Act:
2497 (1) The Department of Environmental Protection shall use
2498 the funds provided in section 146 of the 2023-2024 General
2499 Appropriations Act to negotiate and, upon a mutual agreement
2500 with any willing seller, purchase lands or interests in lands,
2501 subject to appraisals and pursuant to chapter 253, Florida
2502 Statutes, within the following land areas:
2503 (a) The Caloosahatchee Big Cypress Corridor, which consists
2504 of approximately 75,000 acres in Hendry and Collier Counties
2505 connecting the Florida Panther National Wildlife Refuge and the
2506 Big Cypress National Preserve to the Dinner Island Wildlife
2507 Management Area, the Okaloacoochee Slough State Forest, and the
2508 Corkscrew Regional Ecosystem Watershed Wildlife and
2509 Environmental Area; and
2510 (b) The Ocala-to-Osceola Wildlife Corridor, which consists
2511 of approximately 1.6 million acres in Alachua, Baker, Bradford,
2512 Clay, Columbia, Duval, Hamilton, Lake, Marion, Putnam, Union,
2513 and Volusia Counties connecting the Osceola National Forest to
2514 the Ocala National Forest.
2515 (2) To reduce the state’s land management costs, the
2516 Department of Environmental Protection shall offer, at the
2517 selling property owner’s option, negotiated terms for each
2518 property owner within the Caloosahatchee Big Cypress Corridor to
2519 lease all or a portion of the property for fair market value for
2520 agricultural purposes for 10-year terms.
2521 (a) Each lease must include, at the option of the lessee,
2522 at least two 5-year extensions, so long as the lessee is in
2523 compliance with the lease terms.
2524 (b) Any agricultural uses authorized may not be more
2525 intensive than historical or existing uses and must be
2526 authorized by any applicable agricultural land use designations.
2527 All agricultural practices must be conducted in compliance with
2528 the applicable best management practices adopted by the
2529 Department of Agriculture and Consumer Services.
2530 (3) This section expires July 1, 2025.
2531 Section 82. In order to implement section 205 through 208
2532 of the 2024-2025 General Appropriations Act, and notwithstanding
2533 ss. 216.181 and 216.292, Florida Statutes, the Executive Office
2534 of the Governor’s Office of Policy and Budget may submit a
2535 budget amendment, subject to the notice, review, and objection
2536 procedures of s. 216.177, Florida Statutes, to realign funding,
2537 within and between agencies, in appropriation categories
2538 specifically authorized for the implementation of the state’s
2539 award from the federal Coronavirus State Fiscal Recovery Fund,
2540 Pub. L. No. 117-2. The funding realignment shall address
2541 projected surpluses and deficits in existing programs and
2542 maximize the state’s utilization of federal funds, which must be
2543 fully obligated by December 31, 2024. The Executive Office of
2544 the Governor shall submit a budget amendment to realign federal
2545 funds no later than December 31, 2024. This section expires July
2546 1, 2025.
2547 Section 83. Any section of this act which implements a
2548 specific appropriation or specifically identified proviso
2549 language in the 2024-2025 General Appropriations Act is void if
2550 the specific appropriation or specifically identified proviso
2551 language is vetoed. Any section of this act which implements
2552 more than one specific appropriation or more than one portion of
2553 specifically identified proviso language in the 2024-2025
2554 General Appropriations Act is void if all the specific
2555 appropriations or portions of specifically identified proviso
2556 language are vetoed.
2557 Section 84. If any other act passed during the 2024 Regular
2558 Session of the Legislature contains a provision that is
2559 substantively the same as a provision in this act, but that
2560 removes or is otherwise not subject to the future repeal applied
2561 to such provision by this act, the Legislature intends that the
2562 provision in the other act takes precedence and continues to
2563 operate, notwithstanding the future repeal provided by this act.
2564 Section 85. If any provision of this act or its application
2565 to any person or circumstance is held invalid, the invalidity
2566 does not affect other provisions or applications of the act
2567 which can be given effect without the invalid provision or
2568 application, and to this end the provisions of this act are
2569 severable.
2570 Section 86. Except as otherwise expressly provided in this
2571 act and except for this section, which shall take effect upon
2572 this act becoming a law, this act shall take effect July 1,
2573 2024, or, if this act fails to become a law until after that
2574 date, it shall take effect upon becoming a law and shall operate
2575 retroactively to July 1, 2024.
