Bill Amendment: FL H5003 | 2022 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Implementing the 2022-2023 General Appropriations Act
Status: 2022-06-03 - Chapter No. 2022-157 [H5003 Detail]
Download: Florida-2022-H5003-Senate_Floor_Amendment_Delete_All_343158.html
Bill Title: Implementing the 2022-2023 General Appropriations Act
Status: 2022-06-03 - Chapter No. 2022-157 [H5003 Detail]
Download: Florida-2022-H5003-Senate_Floor_Amendment_Delete_All_343158.html
Florida Senate - 2022 SENATOR AMENDMENT
Bill No. HB 5003
Ì3431586Î343158
LEGISLATIVE ACTION
Senate . House
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Senator Stargel moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. It is the intent of the Legislature that the
6 implementing and administering provisions of this act apply to
7 the General Appropriations Act for the 2022-2023 fiscal year.
8 Section 2. In order to implement Specific Appropriations 5,
9 6, 86, and 87 of the 2022-2023 General Appropriations Act, the
10 calculations of the Florida Education Finance Program for the
11 2022-2023 fiscal year included in the document titled “Public
12 School Funding: The Florida Education Finance Program (FEFP)
13 Fiscal Year 2022-2023,” dated February 4, 2022, and filed with
14 the Secretary of the Senate, are incorporated by reference for
15 the purpose of displaying the calculations used by the
16 Legislature, consistent with the requirements of state law, in
17 making appropriations for the Florida Education Finance Program.
18 This section expires July 1, 2023.
19 Section 3. In order to implement Specific Appropriations 5
20 and 86 of the 2022-2023 General Appropriations Act, and
21 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
22 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
23 expenditure of funds provided for instructional materials, for
24 the 2022-2023 fiscal year, funds provided for instructional
25 materials shall be released and expended as required in the
26 proviso language for Specific Appropriation 86 of the 2022-2023
27 General Appropriations Act. This section expires July 1, 2023.
28 Section 4. In order to implement Specific Appropriation 15
29 of the 2022-2023 General Appropriations Act, and notwithstanding
30 the expiration date in section 5 of chapter 2021-37, Laws of
31 Florida, subsection (1) of section 1013.62, Florida Statutes, is
32 reenacted and amended to read:
33 1013.62 Charter schools capital outlay funding.—
34 (1) For the 2022-2023 2021-2022 fiscal year, charter school
35 capital outlay funding shall consist of state funds appropriated
36 in the 2022-2023 2021-2022 General Appropriations Act. Beginning
37 in fiscal year 2023-2024 2022-2023, charter school capital
38 outlay funding shall consist of state funds when such funds are
39 appropriated in the General Appropriations Act and revenue
40 resulting from the discretionary millage authorized in s.
41 1011.71(2) if the amount of state funds appropriated for charter
42 school capital outlay in any fiscal year is less than the
43 average charter school capital outlay funds per unweighted full
44 time equivalent student for the 2018-2019 fiscal year,
45 multiplied by the estimated number of charter school students
46 for the applicable fiscal year, and adjusted by changes in the
47 Consumer Price Index issued by the United States Department of
48 Labor from the previous fiscal year. Nothing in this subsection
49 prohibits a school district from distributing to charter schools
50 funds resulting from the discretionary millage authorized in s.
51 1011.71(2).
52 (a) To be eligible to receive capital outlay funds, a
53 charter school must:
54 1.a. Have been in operation for 2 or more years;
55 b. Be governed by a governing board established in the
56 state for 2 or more years which operates both charter schools
57 and conversion charter schools within the state;
58 c. Be an expanded feeder chain of a charter school within
59 the same school district that is currently receiving charter
60 school capital outlay funds;
61 d. Have been accredited by a regional accrediting
62 association as defined by State Board of Education rule;
63 e. Serve students in facilities that are provided by a
64 business partner for a charter school-in-the-workplace pursuant
65 to s. 1002.33(15)(b); or
66 f. Be operated by a hope operator pursuant to s. 1002.333.
67 2. Have an annual audit that does not reveal any of the
68 financial emergency conditions provided in s. 218.503(1) for the
69 most recent fiscal year for which such audit results are
70 available.
71 3. Have satisfactory student achievement based on state
72 accountability standards applicable to the charter school.
73 4. Have received final approval from its sponsor pursuant
74 to s. 1002.33 for operation during that fiscal year.
75 5. Serve students in facilities that are not provided by
76 the charter school’s sponsor.
77 (b) A charter school is not eligible to receive capital
78 outlay funds if it was created by the conversion of a public
79 school and operates in facilities provided by the charter
80 school’s sponsor for a nominal fee, or at no charge, or if it is
81 directly or indirectly operated by the school district.
82 Section 5. The amendments to s. 1013.62(1), Florida
83 Statutes, by this act expire July 1, 2023, and the text of that
84 subsection shall revert to that in existence on June 30, 2020,
85 except that any amendments to such text enacted other than by
86 this act shall be preserved and continue to operate to the
87 extent that such amendments are not dependent upon the portions
88 of text which expire pursuant to this section.
89 Section 6. In order to implement Specific Appropriations 5
90 and 86 of the 2022-2023 General Appropriations Act, subsection
91 (15) of section 1011.62, Florida Statutes, is amended to read:
92 1011.62 Funds for operation of schools.—If the annual
93 allocation from the Florida Education Finance Program to each
94 district for operation of schools is not determined in the
95 annual appropriations act or the substantive bill implementing
96 the annual appropriations act, it shall be determined as
97 follows:
98 (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
99 Legislature may provide an annual funding compression and hold
100 harmless allocation in the General Appropriations Act. The
101 allocation is created to provide additional funding to school
102 districts if the school district’s total funds per FTE in the
103 prior year were less than the statewide average or if the school
104 district’s district cost differential in the current year is
105 less than the prior year. The total allocation shall be
106 distributed to eligible school districts as follows:
107 (a) Using the most recent prior year FEFP calculation for
108 each eligible school district, subtract the total school
109 district funds per FTE from the state average funds per FTE, not
110 including any adjustments made pursuant to paragraph (17)(b).
111 The resulting funds per FTE difference, or a portion thereof, as
112 designated in the General Appropriations Act, shall then be
113 multiplied by the school district’s total unweighted FTE.
114 (b) Multiply the absolute value of the difference between
115 the eligible school district’s current year district cost
116 differential and the prior year district cost differential by a
117 hold harmless factor as designated in the General Appropriations
118 Act. The result is the district cost differential hold harmless
119 index. Multiply the index by the eligible school district’s
120 weighted FTE and by the base student allocation as designated in
121 the General Appropriations Act.
122 (c) For each district, select the greater of the amounts
123 calculated in paragraphs (a) and (b) and upon summation, if the
124 total amount is greater than the amount included in the General
125 Appropriations Act, the allocation shall be prorated to the
126 appropriation amount based on each participating school
127 district’s share.
128
129 This subsection expires July 1, 2023 2022.
130 Section 7. In order to implement Specific Appropriations 5
131 and 86 of the 2022-2023 General Appropriations Act, paragraphs
132 (a) and (b) of subsection (7) of section 1011.62, Florida
133 Statutes, are amended to read:
134 1011.62 Funds for operation of schools.—If the annual
135 allocation from the Florida Education Finance Program to each
136 district for operation of schools is not determined in the
137 annual appropriations act or the substantive bill implementing
138 the annual appropriations act, it shall be determined as
139 follows:
140 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
141 (a) Annually, in an amount to be determined by the
142 Legislature through the General Appropriations Act, there shall
143 be added to the basic amount for current operation of the FEFP
144 qualified districts a sparsity supplement which shall be
145 computed as follows:
146
147 Sparsity Factor = 1101.8918 – 0.1101
148 2700 + districtsparsityindex
149
150 except that districts with a sparsity index of 1,000 or less
151 shall be computed as having a sparsity index of 1,000, and
152 districts having a sparsity index of 7,308 and above shall be
153 computed as having a sparsity factor of zero. A qualified
154 district’s full-time equivalent student membership shall equal
155 or be less than that prescribed annually by the Legislature in
156 the appropriations act. The amount prescribed annually by the
157 Legislature shall be no less than 17,000, but no more than
158 30,000 24,000.
159 (b) The district sparsity index shall be computed by
160 dividing the total number of full-time equivalent students in
161 all programs in the district by the number of senior high school
162 centers in the district, not in excess of three, which centers
163 are approved as permanent centers by a survey made by the
164 Department of Education. For districts with a full-time
165 equivalent student membership of at least 20,000, but no more
166 than 30,000 24,000, the index shall be computed by dividing the
167 total number of full-time equivalent students in all programs by
168 the number of permanent senior high school centers in the
169 district, not in excess of four.
170 Section 8. The amendments to s. 1011.62(7)(a) and (b),
171 Florida Statutes, made by this act expire July 1, 2023, and the
172 text of that subsection shall revert to that in existence on
173 June 30, 2022, except that any amendments to such text enacted
174 other than by this act shall be preserved and continue to
175 operate to the extent that such amendments are not dependent
176 upon the portions of text which expire pursuant to this section.
177 Section 9. In order to implement Specific Appropriation 114
178 of the 2022-2023 General Appropriations Act, and notwithstanding
179 the expiration date in section 8 of chapter 2021-37, Laws of
180 Florida, subsection (1) of section 1001.26, Florida Statutes, is
181 reenacted to read:
182 1001.26 Public broadcasting program system.—
183 (1) There is created a public broadcasting program system
184 for the state. The department shall provide funds, as
185 specifically appropriated in the General Appropriations Act, to
186 educational television stations qualified by the Corporation for
187 Public Broadcasting or public colleges and universities that are
188 part of the public broadcasting program system. The program
189 system must include:
190 (a) Support for existing Corporation for Public
191 Broadcasting qualified program system educational television
192 stations.
193 (b) Maintenance of quality broadcast capability for
194 educational stations that are part of the program system.
195 (c) Interconnection of all educational stations that are
196 part of the program system for simultaneous broadcast and of
197 such stations with all universities and other institutions as
198 necessary for sharing of resources and delivery of programming.
199 (d) Establishment and maintenance of a capability for
200 statewide program distribution with facilities and staff,
201 provided such facilities and staff complement and strengthen
202 existing educational television stations.
203 (e) Provision of both statewide programming funds and
204 station programming support for educational television to meet
205 statewide priorities. Priorities for station programming need
206 not be the same as priorities for programming to be used
207 statewide. Station programming may include, but shall not be
208 limited to, citizens’ participation programs, music and fine
209 arts programs, coverage of public hearings and governmental
210 meetings, equal air time for political candidates, and other
211 public interest programming.
212 Section 10. The text of s. 1001.26(1), Florida Statutes, as
213 carried forward from chapter 2018-10, Laws of Florida, by this
214 act, expires July 1, 2023, and the text of that subsection shall
215 revert to that in existence on June 30, 2018, except that any
216 amendment to such text enacted other than by this act shall be
217 preserved and continue to operate to the extent that such
218 amendments are not dependent upon the portions of text which
219 expire pursuant to this section.
220 Section 11. In order to implement Specific Appropriation
221 115 of the 2022-2023 General Appropriations Act, paragraph (b)
222 of subsection (7) of section 1011.80, Florida Statutes, is
223 amended to read:
224 1011.80 Funds for operation of workforce education
225 programs.—
226 (7)
227 (b) Performance funding for industry certifications for
228 school district workforce education programs is contingent upon
229 specific appropriation in the General Appropriations Act and
230 shall be determined as follows:
231 1. Industry certifications identified on the CAPE Industry
232 Certification Funding List approved by the State Board of
233 Education under s. 1008.44 are eligible for performance funding.
234 2. Each school district shall be provided $1,000 for each
235 industry certification earned by a workforce education student.
236 If funds are insufficient to fully fund the calculated total
237 award, such funds shall be prorated. Beginning with the 2023
238 2024 2022-2023 fiscal year, the Credentials Review Committee
239 established in s. 445.004 shall develop a returned-value funding
240 formula to allocate school district performance funds that
241 rewards student job placements and wages for students earning
242 industry certifications, with a focus on increasing the economic
243 mobility of underserved populations. One-third of the
244 performance funds shall be allocated based on student job
245 placements. The remaining two-thirds shall be allocated using a
246 tiered weighted system based on aggregate student wages that
247 exceed minimum wage, with the highest weight applied to the
248 highest wage tier, with additional weight for underserved
249 populations. Student wages above minimum wage are considered to
250 be the value added by the institution’s training. At a minimum,
251 the formula must take into account variables such as differences
252 in population and wages across school districts.
253 Section 12. In order to implement Specific Appropriation
254 123 of the 2022-2023 General Appropriations Act, paragraph (b)
255 of subsection (2) of section 1011.81, Florida Statutes, is
256 amended to read:
257 1011.81 Florida College System Program Fund.—
258 (2) Performance funding for industry certifications for
259 Florida College System institutions is contingent upon specific
260 appropriation in the General Appropriations Act and shall be
261 determined as follows:
262 (b) Each Florida College System institution shall be
263 provided $1,000 for each industry certification earned by a
264 student under paragraph (a). If funds are insufficient to fully
265 fund the calculated total award, such funds shall be prorated.
266 Beginning with the 2023-2024 2022-2023 fiscal year, the
267 Credentials Review Committee established in s. 445.004 shall
268 develop a returned-value funding formula to allocate institution
269 performance funds that rewards student job placements and wages
270 for students earning industry certifications, with a focus on
271 increasing the economic mobility of underserved populations.
272 One-third of the performance funds shall be allocated based on
273 student job placements. The remaining two-thirds shall be
274 allocated using a tiered, weighted system based on aggregate
275 student wages that exceed minimum wage, with the highest weight
276 applied to the highest wage tier, with additional weight for
277 underserved populations. Student wages above minimum wage are
278 considered to be the value added by the institution’s training.
279 At a minimum, the formula must take into account variables such
280 as differences in population and wages across the state.
281 Section 13. The amendments to ss. 1011.80(7)(b) and
282 1011.81(2)(b), Florida Statutes, by this act expire July 1,
283 2023, and the text of that subsection shall revert to that in
284 existence on June 30, 2022, except that any amendments to such
285 text enacted other than by this act shall be preserved and
286 continue to operate to the extent that such amendments are not
287 dependent upon the portions of text which expire pursuant to
288 this section.
289 Section 14. In order to implement Specific Appropriation
290 145 of the 2022-2023 General Appropriations Act, section
291 1004.6496, Florida Statutes, is created to read:
292 1004.6496 Hamilton Center for Classical and Civic
293 Education.—
294 (1) The Board of Trustees of the University of Florida may
295 use funds as provided in the General Appropriations Act to
296 establish the Hamilton Center for Classical and Civic Education
297 as an academic unit within the University of Florida. The
298 purpose of the center is to support teaching and research
299 concerning the ideas, traditions, and texts that form the
300 foundations of Western and American civilization. The Board of
301 Trustees of the university is authorized to rename the center
302 consistent with its philanthropic naming governance procedures.
303 (2) The goals of the center are to:
304 (a) Educate university students in the core texts and great
305 debates of Western civilization;
306 (b) Educate university students in the principles, ideals,
307 and institutions of the American political order;
308 (c) Educate university students in the foundations of
309 responsible leadership and informed citizenship; and
310 (d) Offer university-wide programming related to civic
311 education and the values of open inquiry and civil discourse.
312 (3) This section expires July 1, 2023.
313 Section 15. In order to implement Specific Appropriations
314 197 through 224 and 524 of the 2022-2023 General Appropriations
315 Act, and notwithstanding ss. 216.181 and 216.292, Florida
316 Statutes, the Agency for Health Care Administration, in
317 consultation with the Department of Health, may submit a budget
318 amendment, subject to the notice, review, and objection
319 procedures of s. 216.177, Florida Statutes, to realign funding
320 within and between agencies based on implementation of the
321 managed medical assistance component of the Statewide Medicaid
322 Managed Care program for the Children’s Medical Services program
323 of the Department of Health. The funding realignment shall
324 reflect the actual enrollment changes due to the transfer of
325 beneficiaries from fee-for-service to the capitated Children’s
326 Medical Services network. The Agency for Health Care
327 Administration may submit a request for nonoperating budget
328 authority to transfer the federal funds to the Department of
329 Health pursuant to s. 216.181(12), Florida Statutes. This
330 section expires July 1, 2023.
331 Section 16. In order to implement Specific Appropriations
332 197 through 224 of the 2022-2023 General Appropriations Act, and
333 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
334 Agency for Health Care Administration may submit a budget
335 amendment, subject to the notice, review, and objection
336 procedures of s. 216.177, Florida Statutes, to realign funding
337 within the Medicaid program appropriation categories to address
338 projected surpluses and deficits within the program and to
339 maximize the use of state trust funds. A single budget amendment
340 shall be submitted in the last quarter of the 2022-2023 fiscal
341 year only. This section expires July 1, 2023.
342 Section 17. In order to implement Specific Appropriations
343 176 through 181 and 524 of the 2022-2023 General Appropriations
344 Act, and notwithstanding ss. 216.181 and 216.292, Florida
345 Statutes, the Agency for Health Care Administration and the
346 Department of Health may each submit a budget amendment, subject
347 to the notice, review, and objection procedures of s. 216.177,
348 Florida Statutes, to realign funding within the Florida Kidcare
349 program appropriation categories, or to increase budget
350 authority in the Children’s Medical Services network category,
351 to address projected surpluses and deficits within the program
352 or to maximize the use of state trust funds. A single budget
353 amendment must be submitted by each agency in the last quarter
354 of the 2022-2023 fiscal year only. This section expires July 1,
355 2023.
356 Section 18. In order to implement Specific Appropriations
357 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023
358 General Appropriations Act, subsection (17) of section 381.986,
359 Florida Statutes, is amended to read:
360 381.986 Medical use of marijuana.—
361 (17) Rules adopted pursuant to this section before July 1,
362 2023 2022, are not subject to ss. 120.54(3)(b) and 120.541. This
363 subsection expires July 1, 2023 2022.
364 Section 19. In order to implement Specific Appropriations
365 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023
366 General Appropriations Act, subsection (11) of section 381.988,
367 Florida Statutes, is amended to read:
368 381.988 Medical marijuana testing laboratories; marijuana
369 tests conducted by a certified laboratory.—
370 (11) Rules adopted under subsection (9) before July 1, 2023
371 2022, are not subject to ss. 120.54(3)(b) and 120.541. This
372 subsection expires July 1, 2023 2022.
373 Section 20. Effective July 1, 2022, upon the expiration and
374 reversion of the amendments made to subsection (1) of section 14
375 of chapter 2017-232, Laws of Florida, pursuant to section 16 of
376 chapter 2021-37, Laws of Florida, and in order to implement
377 Specific Appropriations 467 through 469, 474, 475, 478, 482, and
378 483 of the 2022-2023 General Appropriations Act, subsection (1)
379 of section 14 of chapter 2017-232, Laws of Florida, is amended
380 to read:
381 Section 14. Department of Health; authority to adopt rules;
382 cause of action.—
383 (1) EMERGENCY RULEMAKING.—
384 (a) The Department of Health and the applicable boards
385 shall adopt emergency rules pursuant to s. 120.54(4), Florida
386 Statutes, and this section necessary to implement ss. 381.986
387 and 381.988, Florida Statutes. If an emergency rule adopted
388 under this section is held to be unconstitutional or an invalid
389 exercise of delegated legislative authority, and becomes void,
390 the department or the applicable boards may adopt an emergency
391 rule pursuant to this section to replace the rule that has
392 become void. If the emergency rule adopted to replace the void
393 emergency rule is also held to be unconstitutional or an invalid
394 exercise of delegated legislative authority and becomes void,
395 the department and the applicable boards must follow the
396 nonemergency rulemaking procedures of the Administrative
397 Procedures Act to replace the rule that has become void.
398 (b) For emergency rules adopted under this section, the
399 department and the applicable boards need not make the findings
400 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
401 adopted under this section are exempt from ss. 120.54(3)(b) and
402 120.541, Florida Statutes. The department and the applicable
403 boards shall meet the procedural requirements in s. 120.54(4)(a)
404 s. 120.54(a), Florida Statutes, if the department or the
405 applicable boards have, before July 1, 2019 the effective date
406 of this act, held any public workshops or hearings on the
407 subject matter of the emergency rules adopted under this
408 subsection. Challenges to emergency rules adopted under this
409 subsection are subject to the time schedules provided in s.
410 120.56(5), Florida Statutes.
411 (c) Emergency rules adopted under this section are exempt
412 from s. 120.54(4)(c), Florida Statutes, and shall remain in
413 effect until replaced by rules adopted under the nonemergency
414 rulemaking procedures of the Administrative Procedures Act.
415 Rules adopted under the nonemergency rulemaking procedures of
416 the Administrative Procedures Act to replace emergency rules
417 adopted under this section are exempt from ss. 120.54(3)(b) and
418 120.541, Florida Statutes. By July 1, 2023 January 1, 2018, the
419 department and the applicable boards shall initiate nonemergency
420 rulemaking pursuant to the Administrative Procedures Act to
421 replace all emergency rules adopted under this section by
422 publishing a notice of rule development in the Florida
423 Administrative Register. Except as provided in paragraph (a),
424 after July 1, 2023 January 1, 2018, the department and
425 applicable boards may not adopt rules pursuant to the emergency
426 rulemaking procedures provided in this section.
427 Section 21. The amendments to s. 14(1) of chapter 2017-232,
428 Laws of Florida, made by this act expire July 1, 2023, and the
429 text of that subsection shall revert to that in existence on
430 June 30, 2019, except that any amendments to such text enacted
431 other than by this act shall be preserved and continue to
432 operate to the extent that such amendments are not dependent
433 upon the portions of text which expire pursuant to this section.
434 Section 22. In order to implement Specific Appropriations
435 326, 328, 357, and 358 of the 2022-2023 General Appropriations
436 Act, and notwithstanding ss. 216.181 and 216.292, Florida
437 Statutes, the Department of Children and Families may submit a
438 budget amendment, subject to the notice, review, and objection
439 procedures of s. 216.177, Florida Statutes, to realign funding
440 within the department based on the implementation of the
441 Guardianship Assistance Program, between and among the specific
442 appropriations for guardianship assistance payments, foster care
443 Level 1 room and board payments, relative caregiver payments,
444 and nonrelative caregiver payments. This section expires July 1,
445 2023.
446 Section 23. In order to implement Specific Appropriations
447 307 through 310, 315, 316, 319, 324 through 326, and 328 of the
448 2022-2023 General Appropriations Act, and notwithstanding ss.
449 216.181 and 216.292, Florida Statutes, the Department of
450 Children and Families may submit a budget amendment, subject to
451 the notice, review, and objection procedures of s. 216.177,
452 Florida Statutes, to realign funding within the Family Safety
453 Program to maximize the use of Title IV-E and other federal
454 funds. This section expires July 1, 2023.
455 Section 24. In order to implement Specific Appropriations
456 283, 297, 307, 329, 334 through 336, 342, and 362 of the 2022
457 2023 General Appropriations Act, and notwithstanding ss. 216.181
458 and 216.292, Florida Statutes, the Department of Children and
459 Families may submit a budget amendment, subject to the notice,
460 review, and objection procedures of s. 216.177, Florida
461 Statutes, to realign funding between appropriations categories
462 to support contracted staffing equivalents to sustain forensic
463 bed capacity and resident-to-workforce ratios at the state’s
464 mental health treatment facilities. This section expires July 1,
465 2023.
466 Section 25. In order to implement Specific Appropriations
467 470 and 509 of the 2022-2023 General Appropriations Act, and
468 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
469 Department of Health may submit a budget amendment, subject to
470 the notice, review, and objection procedures of s. 216.177,
471 Florida Statutes, to increase budget authority for the HIV/AIDS
472 Prevention and Treatment Program if additional federal revenues
473 specific to HIV/AIDS prevention and treatment become available
474 in the 2022-2023 fiscal year. This section expires July 1, 2023.
475 Section 26. In order to implement Specific Appropriations
476 423 through 552 of the 2022-2023 General Appropriations Act, and
477 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
478 Department of Health may submit a budget amendment, subject to
479 the notice, review, and objection procedures of s. 216.177,
480 Florida Statutes, to increase budget authority for the
481 department if additional federal revenues specific to COVID-19
482 relief funds become available in the 2022-2023 fiscal year. This
483 section expires July 1, 2023.
484 Section 27. In order to implement Specific Appropriation
485 191 of the 2022-2023 General Appropriations Act, subsections (1)
486 through (5) of section 42 of chapter 2020-114, Laws of Florida,
487 as amended by section 21 of chapter 2021-37, Laws of Florida,
488 are reenacted and amended to read:
489 Section 42. (1) The Agency for Health Care Administration
490 shall replace the current Florida Medicaid Management
491 Information System (FMMIS) and fiscal agent operations with a
492 system that is modular, interoperable, and scalable for the
493 Florida Medicaid program that complies with all applicable
494 federal and state laws and requirements. The agency may not
495 include in the project to replace the current FMMIS and fiscal
496 agent contract:
497 (a) Functionality that duplicates any of the information
498 systems of the other health and human services state agencies;
499 or
500 (b) Procurement for agency requirements external to
501 Medicaid programs with the intent to leverage the Medicaid
502 technology infrastructure for other purposes without legislative
503 appropriation or legislative authorization to procure these
504 requirements; or
505 (c) Any contract executed after the effective date of this
506 act, outside of staff augmentation services purchased off the
507 Department of Management Services Information Technology staff
508 augmentation state term contract, which are not deliverables
509 based fixed price contracts.
510
511 The new system, the Florida Health Care Connection (FX) system,
512 must provide better integration with subsystems supporting
513 Florida’s Medicaid program; uniformity, consistency, and
514 improved access to data; and compatibility with the Centers for
515 Medicare and Medicaid Services’ Medicaid Information Technology
516 Architecture (MITA) as the system matures and expands its
517 functionality.
518 (2) For purposes of replacing FMMIS and the current
519 Medicaid fiscal agent, the Agency for Health Care Administration
520 shall:
521 (a) Prioritize procurements for the replacement of the
522 current functions of FMMIS and the responsibilities of the
523 current Medicaid fiscal agent, to minimize the need to extend
524 all or portions of the current fiscal agent contract.
525 (b) Comply with and not exceed the Centers for Medicare and
526 Medicaid Services funding authorizations for the FX system.
527 (c) Ensure compliance and uniformity with published MITA
528 framework and guidelines.
529 (d) Ensure that all business requirements and technical
530 specifications have been provided to all affected state agencies
531 for their review and input and approved by the executive
532 steering committee established in paragraph (g).
533 (e) Consult with the Executive Office of the Governor’s
534 working group for interagency information technology integration
535 for the development of competitive solicitations that provide
536 for data interoperability and shared information technology
537 services across the state’s health and human services agencies.
538 (f) Implement a data governance structure for the project
539 to coordinate data sharing and interoperability across state
540 healthcare entities.
541 (g) Implement a project governance structure that includes
542 an executive steering committee composed of:
543 1. The Secretary of Health Care Administration, or the
544 executive sponsor of the project.
545 2. A representative of the Division of Operations of the
546 Agency for Health Care Administration, appointed by the
547 Secretary of Health Care Administration.
548 3. Two representatives from the Division of Medicaid of the
549 Agency for Health Care Administration, appointed by the
550 Secretary of Health Care Administration.
551 4. A representative of the Division of Health Quality
552 Assurance of the Agency for Health Care Administration,
553 appointed by the Secretary of Health Care Administration.
554 5. A representative of the Florida Center for Health
555 Information and Transparency of the Agency for Health Care
556 Administration, appointed by the Secretary of Health Care
557 Administration.
558 6. The Chief Information Officer of the Agency for Health
559 Care Administration, or his or her designee.
560 7. The state chief information officer, or his or her
561 designee.
562 8. Two representatives of the Department of Children and
563 Families, appointed by the Secretary of Children and Families.
564 9. A representative of the Department of Health, appointed
565 by the State Surgeon General.
566 10. A representative of the Agency for Persons with
567 Disabilities, appointed by the director of the Agency for
568 Persons with Disabilities.
569 11. A representative from the Florida Healthy Kids
570 Corporation.
571 12. A representative from the Department of Elderly
572 Affairs, appointed by the Secretary of Elderly Affairs.
573 13. A representative of the Department of Financial
574 Services who has experience with the state’s financial processes
575 including development of the PALM system, appointed by the Chief
576 Financial Officer.
577 (3) The Secretary of Health Care Administration or the
578 executive sponsor of the project shall serve as chair of the
579 executive steering committee, and the committee shall take
580 action by a vote of at least 10 affirmative votes with the chair
581 voting on the prevailing side. A quorum of the executive
582 steering committee consists of at least 11 members.
583 (4) The executive steering committee has the overall
584 responsibility for ensuring that the project to replace FMMIS
585 and the Medicaid fiscal agent meets its primary business
586 objectives and shall:
587 (a) Identify and recommend to the Executive Office of the
588 Governor, the President of the Senate, and the Speaker of the
589 House of Representatives any statutory changes needed to
590 implement the modular replacement to standardize, to the fullest
591 extent possible, the state’s healthcare data and business
592 processes.
593 (b) Review and approve any changes to the project’s scope,
594 schedule, and budget which do not conflict with the requirements
595 of subsections (1) and (2).
596 (c) Ensure that adequate resources are provided throughout
597 all phases of the project.
598 (d) Approve all major project deliverables.
599 (e) Review and verify that all procurement and contractual
600 documents associated with the replacement of the current FMMIS
601 and Medicaid fiscal agent align with the scope, schedule, and
602 anticipated budget for the project.
603 (5) This section expires July 1, 2023 2022.
604 Section 28. In order to implement Specific Appropriations
605 189, 211, 212, 279, 337, 487, 703, 704, and 705 of the 2022-2023
606 General Appropriations Act, the Agency for Health Care
607 Administration, in consultation with the Department of Health,
608 the Agency for Persons with Disabilities, the Department of
609 Children and Families, and the Department of Corrections, shall
610 competitively procure a contract with a vendor to negotiate
611 prices for prescription drugs, including insulin and
612 epinephrine, for all participating agencies. The contract must
613 also allow for the direct purchase of such drugs for
614 participating agencies when possible. The contract must require
615 that the vendor be compensated on a contingency basis paid from
616 a portion of the savings achieved through the negotiation and
617 purchase of the prescription drugs. This section expires July 1,
618 2023.
619 Section 29. In order to implement Specific Appropriations
620 581 through 684A and 696 through 731 of the 2022-2023 General
621 Appropriations Act, subsection (4) of section 216.262, Florida
622 Statutes, is amended to read:
623 216.262 Authorized positions.—
624 (4) Notwithstanding the provisions of this chapter relating
625 to increasing the number of authorized positions, and for the
626 2022-2023 2021-2022 fiscal year only, if the actual inmate
627 population of the Department of Corrections exceeds the inmate
628 population projections of the January 13, 2022 March 17, 2021,
629 Criminal Justice Estimating Conference by 1 percent for 2
630 consecutive months or 2 percent for any month, the Executive
631 Office of the Governor, with the approval of the Legislative
632 Budget Commission, shall immediately notify the Criminal Justice
633 Estimating Conference, which shall convene as soon as possible
634 to revise the estimates. The Department of Corrections may then
635 submit a budget amendment requesting the establishment of
636 positions in excess of the number authorized by the Legislature
637 and additional appropriations from unallocated general revenue
638 sufficient to provide for essential staff, fixed capital
639 improvements, and other resources to provide classification,
640 security, food services, health services, and other variable
641 expenses within the institutions to accommodate the estimated
642 increase in the inmate population. All actions taken pursuant to
643 this subsection are subject to review and approval by the
644 Legislative Budget Commission. This subsection expires July 1,
645 2023 2022.
646 Section 30. In order to implement Specific Appropriation
647 719 of the 2022-2023 General Appropriations Act, and upon the
648 expiration and reversion of the amendments made by section 25 of
649 2021-37, Laws of Florida, paragraph (b) of subsection (8) of
650 section 1011.80, Florida Statutes, as amended by chapter 2018
651 104, Laws of Florida, is amended to read:
652 1011.80 Funds for operation of workforce education
653 programs.—
654 (8)
655 (b) State funds provided for the operation of postsecondary
656 workforce programs may not be expended for the education of
657 state or federal inmates, except to the extent that such funds
658 are specifically appropriated for such purpose in the 2022-2023
659 General Appropriations Act with more than 24 months of time
660 remaining to serve on their sentences or federal inmates.
661 Section 31. The amendment to s. 1011.80(8)(b), Florida
662 Statutes, made by this act expires July 1, 2023, and the text of
663 that paragraph shall revert to that in existence on July 1,
664 2019, but not including any amendments made by this act or
665 chapters 2019-116 and 2018-10, Laws of Florida, and any
666 amendments to such text enacted other than by this act shall be
667 preserved and continue to operate to the extent that such
668 amendments are not dependent upon the portions of text which
669 expire pursuant to this section.
670 Section 32. In order to implement Specific Appropriations
671 3201 through 3267 of the 2022-2023 General Appropriations Act,
672 subsection (2) of section 215.18, Florida Statutes, is amended
673 to read:
674 215.18 Transfers between funds; limitation.—
675 (2) The Chief Justice of the Supreme Court may receive one
676 or more trust fund loans to ensure that the state court system
677 has funds sufficient to meet its appropriations in the 2022-2023
678 2021-2022 General Appropriations Act. If the Chief Justice
679 accesses the loan, he or she must notify the Governor and the
680 chairs of the legislative appropriations committees in writing.
681 The loan must come from other funds in the State Treasury which
682 are for the time being or otherwise in excess of the amounts
683 necessary to meet the just requirements of such last-mentioned
684 funds. The Governor shall order the transfer of funds within 5
685 days after the written notification from the Chief Justice. If
686 the Governor does not order the transfer, the Chief Financial
687 Officer shall transfer the requested funds. The loan of funds
688 from which any money is temporarily transferred must be repaid
689 by the end of the 2022-2023 2021-2022 fiscal year. This
690 subsection expires July 1, 2023 2022.
691 Section 33. In order to implement Specific Appropriations
692 1113 through 1123 of the 2022-2023 General Appropriations Act:
693 (1) The Department of Juvenile Justice is required to
694 review county juvenile detention payments to ensure that
695 counties fulfill their financial responsibilities required in s.
696 985.6865, Florida Statutes. If the Department of Juvenile
697 Justice determines that a county has not met its obligations,
698 the department shall direct the Department of Revenue to deduct
699 the amount owed to the Department of Juvenile Justice from the
700 funds provided to the county under s. 218.23, Florida Statutes.
701 The Department of Revenue shall transfer the funds withheld to
702 the Shared County/State Juvenile Detention Trust Fund.
703 (2) As an assurance to holders of bonds issued by counties
704 before July 1, 2022, for which distributions made pursuant to s.
705 218.23, Florida Statutes, are pledged, or bonds issued to refund
706 such bonds which mature no later than the bonds they refunded
707 and which result in a reduction of debt service payable in each
708 fiscal year, the amount available for distribution to a county
709 shall remain as provided by law and continue to be subject to
710 any lien or claim on behalf of the bondholders. The Department
711 of Revenue must ensure, based on information provided by an
712 affected county, that any reduction in amounts distributed
713 pursuant to subsection (1) does not reduce the amount of
714 distribution to a county below the amount necessary for the
715 timely payment of principal and interest when due on the bonds
716 and the amount necessary to comply with any covenant under the
717 bond resolution or other documents relating to the issuance of
718 the bonds. If a reduction to a county’s monthly distribution
719 must be decreased in order to comply with this section, the
720 Department of Revenue must notify the Department of Juvenile
721 Justice of the amount of the decrease, and the Department of
722 Juvenile Justice must send a bill for payment of such amount to
723 the affected county.
724 (3) This section expires July 1, 2023.
725 Section 34. In order to implement Specific Appropriations
726 741 through 762A, 913 through 1056, and 1077 through 1112C of
727 the 2022-2023 General Appropriations Act, and notwithstanding
728 the expiration date in section 29 of chapter 2021-37, Laws of
729 Florida, subsection (1), paragraph (a) of subsection (2),
730 paragraph (a) of subsection (3), and subsections (5), (6), and
731 (7) of section 27.40, Florida Statutes, are reenacted to read:
732 27.40 Court-appointed counsel; circuit registries; minimum
733 requirements; appointment by court.—
734 (1) Counsel shall be appointed to represent any individual
735 in a criminal or civil proceeding entitled to court-appointed
736 counsel under the Federal or State Constitution or as authorized
737 by general law. The court shall appoint a public defender to
738 represent indigent persons as authorized in s. 27.51. The office
739 of criminal conflict and civil regional counsel shall be
740 appointed to represent persons in those cases in which provision
741 is made for court-appointed counsel, but only after the public
742 defender has certified to the court in writing that the public
743 defender is unable to provide representation due to a conflict
744 of interest or is not authorized to provide representation. The
745 public defender shall report, in the aggregate, the specific
746 basis of all conflicts of interest certified to the court. On a
747 quarterly basis, the public defender shall submit this
748 information to the Justice Administrative Commission.
749 (2)(a) Private counsel shall be appointed to represent
750 persons in those cases in which provision is made for court
751 appointed counsel but only after the office of criminal conflict
752 and civil regional counsel has been appointed and has certified
753 to the court in writing that the criminal conflict and civil
754 regional counsel is unable to provide representation due to a
755 conflict of interest. The criminal conflict and civil regional
756 counsel shall report, in the aggregate, the specific basis of
757 all conflicts of interest certified to the court. On a quarterly
758 basis, the criminal conflict and civil regional counsel shall
759 submit this information to the Justice Administrative
760 Commission.
761 (3) In using a registry:
762 (a) The chief judge of the circuit shall compile a list of
763 attorneys in private practice, by county and by category of
764 cases, and provide the list to the clerk of court in each
765 county. The chief judge of the circuit may restrict the number
766 of attorneys on the general registry list. To be included on a
767 registry, an attorney must certify that he or she:
768 1. Meets any minimum requirements established by the chief
769 judge and by general law for court appointment;
770 2. Is available to represent indigent defendants in cases
771 requiring court appointment of private counsel; and
772 3. Is willing to abide by the terms of the contract for
773 services, s. 27.5304, and this section.
774
775 To be included on a registry, an attorney must enter into a
776 contract for services with the Justice Administrative
777 Commission. Failure to comply with the terms of the contract for
778 services may result in termination of the contract and removal
779 from the registry. Each attorney on the registry is responsible
780 for notifying the clerk of the court and the Justice
781 Administrative Commission of any change in his or her status.
782 Failure to comply with this requirement is cause for termination
783 of the contract for services and removal from the registry until
784 the requirement is fulfilled.
785 (5) The Justice Administrative Commission shall approve
786 uniform contract forms for use in procuring the services of
787 private court-appointed counsel and uniform procedures and forms
788 for use by a court-appointed attorney in support of billing for
789 attorney’s fees, costs, and related expenses to demonstrate the
790 attorney’s completion of specified duties. Such uniform
791 contracts and forms for use in billing must be consistent with
792 s. 27.5304, s. 216.311, and the General Appropriations Act and
793 must contain the following statement: “The State of Florida’s
794 performance and obligation to pay under this contract is
795 contingent upon an annual appropriation by the Legislature.”
796 (6) After court appointment, the attorney must immediately
797 file a notice of appearance with the court indicating acceptance
798 of the appointment to represent the defendant and of the terms
799 of the uniform contract as specified in subsection (5).
800 (7)(a) A private attorney appointed by the court from the
801 registry to represent a client is entitled to payment as
802 provided in s. 27.5304 so long as the requirements of subsection
803 (1) and paragraph (2)(a) are met. An attorney appointed by the
804 court who is not on the registry list may be compensated under
805 s. 27.5304 only if the court finds in the order of appointment
806 that there were no registry attorneys available for
807 representation for that case and only if the requirements of
808 subsection (1) and paragraph (2)(a) are met.
809 (b)1. The flat fee established in s. 27.5304 and the
810 General Appropriations Act shall be presumed by the court to be
811 sufficient compensation. The attorney shall maintain appropriate
812 documentation, including contemporaneous and detailed hourly
813 accounting of time spent representing the client. If the
814 attorney fails to maintain such contemporaneous and detailed
815 hourly records, the attorney waives the right to seek
816 compensation in excess of the flat fee established in s. 27.5304
817 and the General Appropriations Act. These records and documents
818 are subject to review by the Justice Administrative Commission
819 and audit by the Auditor General, subject to the attorney-client
820 privilege and work-product privilege. The attorney shall
821 maintain the records and documents in a manner that enables the
822 attorney to redact any information subject to a privilege in
823 order to facilitate the commission’s review of the records and
824 documents and not to impede such review. The attorney may redact
825 information from the records and documents only to the extent
826 necessary to comply with the privilege. The Justice
827 Administrative Commission shall review such records and shall
828 contemporaneously document such review before authorizing
829 payment to an attorney. Objections by or on behalf of the
830 Justice Administrative Commission to records or documents or to
831 claims for payment by the attorney shall be presumed correct by
832 the court unless the court determines, in writing, that
833 competent and substantial evidence exists to justify overcoming
834 the presumption.
835 2. If an attorney fails, refuses, or declines to permit the
836 commission or the Auditor General to review documentation for a
837 case as provided in this paragraph, the attorney waives the
838 right to seek, and the commission may not pay, compensation in
839 excess of the flat fee established in s. 27.5304 and the General
840 Appropriations Act for that case.
841 3. A finding by the commission that an attorney has waived
842 the right to seek compensation in excess of the flat fee
843 established in s. 27.5304 and the General Appropriations Act, as
844 provided in this paragraph, shall be presumed to be correct,
845 unless the court determines, in writing, that competent and
846 substantial evidence exists to justify overcoming the
847 presumption.
848 Section 35. The amendments to s. 27.40(1), (2)(a), (3)(a),
849 (5), (6), and (7), Florida Statutes, as carried forward from
850 chapter 2019-116, Laws of Florida, by this act, expire July 1,
851 2023, and the text of those subsections and paragraphs, as
852 applicable, shall revert to that in existence on June 30, 2019,
853 except that any amendments to such text enacted other than by
854 this act shall be preserved and continue to operate to the
855 extent that such amendments are not dependent upon the portions
856 of text which expire pursuant to this section.
857 Section 36. In order to implement Specific Appropriations
858 741 through 762A, 913 through 1056, and 1077 through 1112C of
859 the 2022-2023 General Appropriations Act, and notwithstanding
860 the expiration date in section 31 of chapter 2021-37, Laws of
861 Florida, subsection (13) of section 27.5304, Florida Statutes,
862 is amended, and subsections (1), (3), (7), and (11), and
863 paragraphs (a) through (e) of subsection (12) of that section
864 are reenacted, to read:
865 27.5304 Private court-appointed counsel; compensation;
866 notice.—
867 (1) Private court-appointed counsel appointed in the manner
868 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
869 Justice Administrative Commission only as provided in this
870 section and the General Appropriations Act. The flat fees
871 prescribed in this section are limitations on compensation. The
872 specific flat fee amounts for compensation shall be established
873 annually in the General Appropriations Act. The attorney also
874 shall be reimbursed for reasonable and necessary expenses in
875 accordance with s. 29.007. If the attorney is representing a
876 defendant charged with more than one offense in the same case,
877 the attorney shall be compensated at the rate provided for the
878 most serious offense for which he or she represented the
879 defendant. This section does not allow stacking of the fee
880 limits established by this section.
881 (3) The court retains primary authority and responsibility
882 for determining the reasonableness of all billings for attorney
883 fees, costs, and related expenses, subject to statutory
884 limitations and the requirements of s. 27.40(7). Private court
885 appointed counsel is entitled to compensation upon final
886 disposition of a case.
887 (7) Counsel eligible to receive compensation from the state
888 for representation pursuant to court appointment made in
889 accordance with the requirements of s. 27.40(1) and (2)(a) in a
890 proceeding under chapter 384, chapter 390, chapter 392, chapter
891 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
892 744, or chapter 984 shall receive compensation not to exceed the
893 limits prescribed in the General Appropriations Act. Any such
894 compensation must be determined as provided in s. 27.40(7).
895 (11) It is the intent of the Legislature that the flat fees
896 prescribed under this section and the General Appropriations Act
897 comprise the full and complete compensation for private court
898 appointed counsel. It is further the intent of the Legislature
899 that the fees in this section are prescribed for the purpose of
900 providing counsel with notice of the limit on the amount of
901 compensation for representation in particular proceedings and
902 the sole procedure and requirements for obtaining payment for
903 the same.
904 (a) If court-appointed counsel moves to withdraw prior to
905 the full performance of his or her duties through the completion
906 of the case, the court shall presume that the attorney is not
907 entitled to the payment of the full flat fee established under
908 this section and the General Appropriations Act.
909 (b) If court-appointed counsel is allowed to withdraw from
910 representation prior to the full performance of his or her
911 duties through the completion of the case and the court appoints
912 a subsequent attorney, the total compensation for the initial
913 and any and all subsequent attorneys may not exceed the flat fee
914 established under this section and the General Appropriations
915 Act, except as provided in subsection (12).
916
917 This subsection constitutes notice to any subsequently appointed
918 attorney that he or she will not be compensated the full flat
919 fee.
920 (12) The Legislature recognizes that on rare occasions an
921 attorney may receive a case that requires extraordinary and
922 unusual effort.
923 (a) If counsel seeks compensation that exceeds the limits
924 prescribed by law, he or she must file a motion with the chief
925 judge for an order approving payment of attorney fees in excess
926 of these limits.
927 1. Before filing the motion, the counsel shall deliver a
928 copy of the intended billing, together with supporting
929 affidavits and all other necessary documentation, to the Justice
930 Administrative Commission.
931 2. The Justice Administrative Commission shall review the
932 billings, affidavit, and documentation for completeness and
933 compliance with contractual and statutory requirements and shall
934 contemporaneously document such review before authorizing
935 payment to an attorney. If the Justice Administrative Commission
936 objects to any portion of the proposed billing, the objection
937 and supporting reasons must be communicated in writing to the
938 private court-appointed counsel. The counsel may thereafter file
939 his or her motion, which must specify whether the commission
940 objects to any portion of the billing or the sufficiency of
941 documentation, and shall attach the commission’s letter stating
942 its objection.
943 (b) Following receipt of the motion to exceed the fee
944 limits, the chief judge or a single designee shall hold an
945 evidentiary hearing. The chief judge may select only one judge
946 per circuit to hear and determine motions pursuant to this
947 subsection, except multicounty circuits and the eleventh circuit
948 may have up to two designees.
949 1. At the hearing, the attorney seeking compensation must
950 prove by competent and substantial evidence that the case
951 required extraordinary and unusual efforts. The chief judge or
952 single designee shall consider criteria such as the number of
953 witnesses, the complexity of the factual and legal issues, and
954 the length of trial. The fact that a trial was conducted in a
955 case does not, by itself, constitute competent substantial
956 evidence of an extraordinary and unusual effort. In a criminal
957 case, relief under this section may not be granted if the number
958 of work hours does not exceed 75 or the number of the state’s
959 witnesses deposed does not exceed 20.
960 2. Objections by or on behalf of the Justice Administrative
961 Commission to records or documents or to claims for payment by
962 the attorney shall be presumed correct by the court unless the
963 court determines, in writing, that competent and substantial
964 evidence exists to justify overcoming the presumption. The chief
965 judge or single designee shall enter a written order detailing
966 his or her findings and identifying the extraordinary nature of
967 the time and efforts of the attorney in the case which warrant
968 exceeding the flat fee established by this section and the
969 General Appropriations Act.
970 (c) A copy of the motion and attachments shall be served on
971 the Justice Administrative Commission at least 20 business days
972 before the date of a hearing. The Justice Administrative
973 Commission has standing to appear before the court, and may
974 appear in person or telephonically, including at the hearing
975 under paragraph (b), to contest any motion for an order
976 approving payment of attorney fees, costs, or related expenses
977 and may participate in a hearing on the motion by use of
978 telephonic or other communication equipment. The Justice
979 Administrative Commission may contract with other public or
980 private entities or individuals to appear before the court for
981 the purpose of contesting any motion for an order approving
982 payment of attorney fees, costs, or related expenses. The fact
983 that the Justice Administrative Commission has not objected to
984 any portion of the billing or to the sufficiency of the
985 documentation is not binding on the court.
986 (d) If the chief judge or a single designee finds that
987 counsel has proved by competent and substantial evidence that
988 the case required extraordinary and unusual efforts, the chief
989 judge or single designee shall order the compensation to be paid
990 to the attorney at a percentage above the flat fee rate,
991 depending on the extent of the unusual and extraordinary effort
992 required. The percentage must be only the rate necessary to
993 ensure that the fees paid are not confiscatory under common law.
994 The percentage may not exceed 200 percent of the established
995 flat fee, absent a specific finding that 200 percent of the flat
996 fee in the case would be confiscatory. If the chief judge or
997 single designee determines that 200 percent of the flat fee
998 would be confiscatory, he or she shall order the amount of
999 compensation using an hourly rate not to exceed $75 per hour for
1000 a noncapital case and $100 per hour for a capital case. However,
1001 the compensation calculated by using the hourly rate shall be
1002 only that amount necessary to ensure that the total fees paid
1003 are not confiscatory, subject to the requirements of s.
1004 27.40(7).
1005 (e) Any order granting relief under this subsection must be
1006 attached to the final request for a payment submitted to the
1007 Justice Administrative Commission and must satisfy the
1008 requirements of subparagraph (b)2.
1009 (13) Notwithstanding the limitation set forth in subsection
1010 (5) and for the 2022-2023 2021-2022 fiscal year only, the
1011 compensation for representation in a criminal proceeding may not
1012 exceed the following:
1013 (a) For misdemeanors and juveniles represented at the trial
1014 level: $1,000.
1015 (b) For noncapital, nonlife felonies represented at the
1016 trial level: $15,000.
1017 (c) For life felonies represented at the trial level:
1018 $15,000.
1019 (d) For capital cases represented at the trial level:
1020 $25,000. For purposes of this paragraph, a “capital case” is any
1021 offense for which the potential sentence is death and the state
1022 has not waived seeking the death penalty.
1023 (e) For representation on appeal: $9,000.
1024 (f) This subsection expires July 1, 2023 2022.
1025 Section 37. The amendments to s. 27.5304(1), (3), (7),
1026 (11), and (12)(a)-(e), Florida Statutes, as carried forward from
1027 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1028 2023, and the text of those subsections and paragraphs, as
1029 applicable, shall revert to that in existence on June 30, 2019,
1030 except that any amendments to such text enacted other than by
1031 this act shall be preserved and continue to operate to the
1032 extent that such amendments are not dependent upon the portions
1033 of text which expire pursuant to this section.
1034 Section 38. In order to implement section 60 of the 2022
1035 2023 General Appropriations Act, and notwithstanding ss. 216.181
1036 and 216.292, Florida Statutes, the Department of Financial
1037 Services may submit a budget amendment, subject to the notice,
1038 review, and objection procedures of s. 216.177, Florida
1039 Statutes, to increase the category to pay for the information
1040 data warehouse. This section expires July 1, 2023.
1041 Section 39. In order to implement Specific Appropriation
1042 2759O of the 2022-2023 General Appropriations Act, and
1043 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1044 Department of Lottery may submit a budget amendment, subject to
1045 the notice, review, and objection procedures of s. 216.177,
1046 Florida Statutes, to increase the appropriation for the
1047 implementation of a new prize payment system. This section
1048 expires July 1, 2023.
1049 Section 40. In order to implement appropriations used to
1050 pay existing lease contracts for private lease space in excess
1051 of 2,000 square feet in the 2022-2023 General Appropriations
1052 Act, the Department of Management Services, with the cooperation
1053 of the agencies having the existing lease contracts for office
1054 or storage space, shall use tenant broker services to
1055 renegotiate or reprocure all private lease agreements for office
1056 or storage space expiring between July 1, 2023, and June 30,
1057 2025, in order to reduce costs in future years. The department
1058 shall incorporate this initiative into its 2022 master leasing
1059 report required under s. 255.249(7), Florida Statutes, and may
1060 use tenant broker services to explore the possibilities of
1061 collocating office or storage space, to review the space needs
1062 of each agency, and to review the length and terms of potential
1063 renewals or renegotiations. The department shall provide a
1064 report to the Executive Office of the Governor, the President of
1065 the Senate, and the Speaker of the House of Representatives by
1066 November 1, 2022, which lists each lease contract for private
1067 office or storage space, the status of renegotiations, and the
1068 savings achieved. This section expires July 1, 2023.
1069 Section 41. In order to implement appropriations authorized
1070 in the 2022-2023 General Appropriations Act for data center
1071 services, and notwithstanding s. 216.292(2)(a), Florida
1072 Statutes, an agency may not transfer funds from a data
1073 processing category to a category other than another data
1074 processing category. This section expires July 1, 2023.
1075 Section 42. In order to implement the appropriation of
1076 funds in the appropriation category “Northwest Regional Data
1077 Center” in the 2022-2023 General Appropriations Act, and
1078 pursuant to the notice, review, and objection procedures of s.
1079 216.177, Florida Statutes, the Executive Office of the Governor
1080 may transfer funds appropriated in that category between
1081 departments in order to align the budget authority granted based
1082 on the estimated costs for data processing services for the
1083 2022-2023 fiscal year. This section expires July 1, 2023.
1084 Section 43. In order to implement the appropriation of
1085 funds in the appropriation category “Special Categories-Risk
1086 Management Insurance” in the 2022-2023 General Appropriations
1087 Act, and pursuant to the notice, review, and objection
1088 procedures of s. 216.177, Florida Statutes, the Executive Office
1089 of the Governor may transfer funds appropriated in that category
1090 between departments in order to align the budget authority
1091 granted with the premiums paid by each department for risk
1092 management insurance. This section expires July 1, 2023.
1093 Section 44. In order to implement the appropriation of
1094 funds in the appropriation category “Special Categories-Transfer
1095 to Department of Management Services-Human Resources Services
1096 Purchased per Statewide Contract” in the 2022-2023 General
1097 Appropriations Act, and pursuant to the notice, review, and
1098 objection procedures of s. 216.177, Florida Statutes, the
1099 Executive Office of the Governor may transfer funds appropriated
1100 in that category between departments in order to align the
1101 budget authority granted with the assessments that must be paid
1102 by each agency to the Department of Management Services for
1103 human resource management services. This section expires July 1,
1104 2023.
1105 Section 45. In order to implement Specific Appropriation
1106 2395 of the 2022-2023 General Appropriations Act, subsections
1107 (1) through (5) of section 72 of chapter 2020-114, Laws of
1108 Florida, as amended by section 39 of chapter 2021-37, Laws of
1109 Florida, are reenacted and amended to read:
1110 Section 72. (1) The Department of Financial Services shall
1111 replace the four main components of the Florida Accounting
1112 Information Resource Subsystem (FLAIR), which include central
1113 FLAIR, departmental FLAIR, payroll, and information warehouse,
1114 and shall replace the cash management and accounting management
1115 components of the Cash Management Subsystem (CMS) with an
1116 integrated enterprise system that allows the state to organize,
1117 define, and standardize its financial management business
1118 processes and that complies with ss. 215.90-215.96, Florida
1119 Statutes. The department may not include in the replacement of
1120 FLAIR and CMS:
1121 (a) Functionality that duplicates any of the other
1122 information subsystems of the Florida Financial Management
1123 Information System; or
1124 (b) Agency business processes related to any of the
1125 functions included in the Personnel Information System, the
1126 Purchasing Subsystem, or the Legislative Appropriations
1127 System/Planning and Budgeting Subsystem.
1128 (2) For purposes of replacing FLAIR and CMS, the Department
1129 of Financial Services shall:
1130 (a) Take into consideration the cost and implementation
1131 data identified for Option 3 as recommended in the March 31,
1132 2014, Florida Department of Financial Services FLAIR Study,
1133 version 031.
1134 (b) Ensure that all business requirements and technical
1135 specifications have been provided to all state agencies for
1136 their review and input and approved by the executive steering
1137 committee established in paragraph (c).
1138 (c) Implement a project governance structure that includes
1139 an executive steering committee composed of:
1140 1. The Chief Financial Officer or the executive sponsor of
1141 the project.
1142 2. A representative of the Division of Treasury of the
1143 Department of Financial Services, appointed by the Chief
1144 Financial Officer.
1145 3. A representative of the Division of Information Systems
1146 of the Department of Financial Services, appointed by the Chief
1147 Financial Officer.
1148 4. Four employees from the Division of Accounting and
1149 Auditing of the Department of Financial Services, appointed by
1150 the Chief Financial Officer. Each employee must have experience
1151 relating to at least one of the four main components that
1152 compose FLAIR.
1153 5. Two employees from the Executive Office of the Governor,
1154 appointed by the Governor. One employee must have experience
1155 relating to the Legislative Appropriations System/Planning and
1156 Budgeting Subsystem.
1157 6. One employee from the Department of Revenue, appointed
1158 by the executive director, who has experience relating to the
1159 department’s SUNTAX system.
1160 7. Two employees from the Department of Management
1161 Services, appointed by the Secretary of Management Services. One
1162 employee must have experience relating to the department’s
1163 personnel information subsystem and one employee must have
1164 experience relating to the department’s purchasing subsystem.
1165 8. Three state agency administrative services directors,
1166 appointed by the Governor. One director must represent a
1167 regulatory and licensing state agency and one director must
1168 represent a health care-related state agency.
1169 9. The executive sponsor of the Florida Health Care
1170 Connection (FX) System or his or her designee, appointed by the
1171 Secretary of Health Care Administration.
1172 10. The State Chief Information Officer, or his or her
1173 designee, as a nonvoting member. The State Chief Information
1174 Officer, or his or her designee, shall provide monthly status
1175 reports pursuant to the oversight responsibilities in s.
1176 282.0051, Florida Statutes.
1177 (3)(a) The Chief Financial Officer or the executive sponsor
1178 of the project shall serve as chair of the executive steering
1179 committee, and the committee shall take action by a vote of at
1180 least eight affirmative votes with the Chief Financial Officer
1181 or the executive sponsor of the project voting on the prevailing
1182 side. A quorum of the executive steering committee consists of
1183 at least 10 members.
1184 (b) No later than 14 days before a meeting of the executive
1185 steering committee, the chair shall request input from committee
1186 members on agenda items for the next scheduled meeting.
1187 (4) The executive steering committee has the overall
1188 responsibility for ensuring that the project to replace FLAIR
1189 and CMS meets its primary business objectives and shall:
1190 (a) Identify and recommend to the Executive Office of the
1191 Governor, the President of the Senate, and the Speaker of the
1192 House of Representatives any statutory changes needed to
1193 implement the replacement subsystem that will standardize, to
1194 the fullest extent possible, the state’s financial management
1195 business processes.
1196 (b) Review and approve any changes to the project’s scope,
1197 schedule, and budget which do not conflict with the requirements
1198 of subsection (1).
1199 (c) Ensure that adequate resources are provided throughout
1200 all phases of the project.
1201 (d) Approve all major project deliverables and any cost
1202 changes to each deliverable over $250,000.
1203 (e) Approve contract amendments and changes to all
1204 contract-related documents associated with the replacement of
1205 FLAIR and CMS.
1206 (f) Ensure compliance with ss. 216.181(16), 216.311,
1207 216.313, 282.318(4)(h), and 287.058, Florida Statutes.
1208 (5) This section expires July 1, 2023 2022.
1209 Section 46. In order to implement specific appropriations
1210 from the land acquisition trust funds within the Department of
1211 Agriculture and Consumer Services, the Department of
1212 Environmental Protection, the Department of State, and the Fish
1213 and Wildlife Conservation Commission, which are contained in the
1214 2022-2023 General Appropriations Act, subsection (3) of section
1215 215.18, Florida Statutes, is amended to read:
1216 215.18 Transfers between funds; limitation.—
1217 (3) Notwithstanding subsection (1) and only with respect to
1218 a land acquisition trust fund in the Department of Agriculture
1219 and Consumer Services, the Department of Environmental
1220 Protection, the Department of State, or the Fish and Wildlife
1221 Conservation Commission, whenever there is a deficiency in a
1222 land acquisition trust fund which would render that trust fund
1223 temporarily insufficient to meet its just requirements,
1224 including the timely payment of appropriations from that trust
1225 fund, and other trust funds in the State Treasury have moneys
1226 that are for the time being or otherwise in excess of the
1227 amounts necessary to meet the just requirements, including
1228 appropriated obligations, of those other trust funds, the
1229 Governor may order a temporary transfer of moneys from one or
1230 more of the other trust funds to a land acquisition trust fund
1231 in the Department of Agriculture and Consumer Services, the
1232 Department of Environmental Protection, the Department of State,
1233 or the Fish and Wildlife Conservation Commission. Any action
1234 proposed pursuant to this subsection is subject to the notice,
1235 review, and objection procedures of s. 216.177, and the Governor
1236 shall provide notice of such action at least 7 days before the
1237 effective date of the transfer of trust funds, except that
1238 during July 2022 2021, notice of such action shall be provided
1239 at least 3 days before the effective date of a transfer unless
1240 such 3-day notice is waived by the chair and vice-chair of the
1241 Legislative Budget Commission. Any transfer of trust funds to a
1242 land acquisition trust fund in the Department of Agriculture and
1243 Consumer Services, the Department of Environmental Protection,
1244 the Department of State, or the Fish and Wildlife Conservation
1245 Commission must be repaid to the trust funds from which the
1246 moneys were loaned by the end of the 2022-2023 2021-2022 fiscal
1247 year. The Legislature has determined that the repayment of the
1248 other trust fund moneys temporarily loaned to a land acquisition
1249 trust fund in the Department of Agriculture and Consumer
1250 Services, the Department of Environmental Protection, the
1251 Department of State, or the Fish and Wildlife Conservation
1252 Commission pursuant to this subsection is an allowable use of
1253 the moneys in a land acquisition trust fund because the moneys
1254 from other trust funds temporarily loaned to a land acquisition
1255 trust fund shall be expended solely and exclusively in
1256 accordance with s. 28, Art. X of the State Constitution. This
1257 subsection expires July 1, 2023 2022.
1258 Section 47. (1) In order to implement specific
1259 appropriations from the land acquisition trust funds within the
1260 Department of Agriculture and Consumer Services, the Department
1261 of Environmental Protection, the Department of State, and the
1262 Fish and Wildlife Conservation Commission, which are contained
1263 in the 2022-2023 General Appropriations Act, the Department of
1264 Environmental Protection shall transfer revenues from the Land
1265 Acquisition Trust Fund within the department to the land
1266 acquisition trust funds within the Department of Agriculture and
1267 Consumer Services, the Department of State, and the Fish and
1268 Wildlife Conservation Commission, as provided in this section.
1269 As used in this section, the term “department” means the
1270 Department of Environmental Protection.
1271 (2) After subtracting any required debt service payments,
1272 the proportionate share of revenues to be transferred to each
1273 land acquisition trust fund shall be calculated by dividing the
1274 appropriations from each of the land acquisition trust funds for
1275 the fiscal year by the total appropriations from the Land
1276 Acquisition Trust Fund within the department and the land
1277 acquisition trust funds within the Department of Agriculture and
1278 Consumer Services, the Department of State, and the Fish and
1279 Wildlife Conservation Commission for the fiscal year. The
1280 department shall transfer the proportionate share of the
1281 revenues in the Land Acquisition Trust Fund within the
1282 department on a monthly basis to the appropriate land
1283 acquisition trust funds within the Department of Agriculture and
1284 Consumer Services, the Department of State, and the Fish and
1285 Wildlife Conservation Commission and shall retain its
1286 proportionate share of the revenues in the Land Acquisition
1287 Trust Fund within the department. Total distributions to a land
1288 acquisition trust fund within the Department of Agriculture and
1289 Consumer Services, the Department of State, and the Fish and
1290 Wildlife Conservation Commission may not exceed the total
1291 appropriations from such trust fund for the fiscal year.
1292 (3) In addition, the department shall transfer from the
1293 Land Acquisition Trust Fund to land acquisition trust funds
1294 within the Department of Agriculture and Consumer Services, the
1295 Department of State, and the Fish and Wildlife Conservation
1296 Commission amounts equal to the difference between the amounts
1297 appropriated in chapter 2021-36, Laws of Florida, to the
1298 department’s Land Acquisition Trust Fund and the other land
1299 acquisition trust funds, and the amounts actually transferred
1300 between those trust funds during the 2021-2022 fiscal year.
1301 (4) The department may advance funds from the beginning
1302 unobligated fund balance in the Land Acquisition Trust Fund to
1303 the Land Acquisition Trust Fund within the Fish and Wildlife
1304 Conservation Commission needed for cash flow purposes based on a
1305 detailed expenditure plan. The department shall prorate amounts
1306 transferred quarterly to the Fish and Wildlife Conservation
1307 Commission to recoup the amount of funds advanced by June 30,
1308 2023.
1309 (5) This section expires July 1, 2023.
1310 Section 48. In order to implement Specific Appropriations
1311 1472 through 1481 of the 2022-2023 General Appropriations Act,
1312 subsection (8) of section 576.045, Florida Statutes, is amended
1313 to read:
1314 576.045 Nitrogen and phosphorus; findings and intent; fees;
1315 purpose; best management practices; waiver of liability;
1316 compliance; rules; exclusions; expiration.—
1317 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
1318 (4), and (6) expire on December 31, 2023 2022. Subsections (5)
1319 and (7) expire on December 31, 2027.
1320 Section 49. In order to implement appropriations from the
1321 Land Acquisition Trust Fund within the Department of
1322 Environmental Protection in the 2022-2023 General Appropriations
1323 Act, paragraph (b) of subsection (3) of section 375.041, Florida
1324 Statutes, is amended to read:
1325 375.041 Land Acquisition Trust Fund.—
1326 (3) Funds distributed into the Land Acquisition Trust Fund
1327 pursuant to s. 201.15 shall be applied:
1328 (b) Of the funds remaining after the payments required
1329 under paragraph (a), but before funds may be appropriated,
1330 pledged, or dedicated for other uses:
1331 1. A minimum of the lesser of 25 percent or $200 million
1332 shall be appropriated annually for Everglades projects that
1333 implement the Comprehensive Everglades Restoration Plan as set
1334 forth in s. 373.470, including the Central Everglades Planning
1335 Project subject to Congressional authorization; the Long-Term
1336 Plan as defined in s. 373.4592(2); and the Northern Everglades
1337 and Estuaries Protection Program as set forth in s. 373.4595.
1338 From these funds, $32 million shall be distributed each fiscal
1339 year through the 2023-2024 fiscal year to the South Florida
1340 Water Management District for the Long-Term Plan as defined in
1341 s. 373.4592(2). After deducting the $32 million distributed
1342 under this subparagraph, from the funds remaining, a minimum of
1343 the lesser of 76.5 percent or $100 million shall be appropriated
1344 each fiscal year through the 2025-2026 fiscal year for the
1345 planning, design, engineering, and construction of the
1346 Comprehensive Everglades Restoration Plan as set forth in s.
1347 373.470, including the Central Everglades Planning Project, the
1348 Everglades Agricultural Area Storage Reservoir Project, the Lake
1349 Okeechobee Watershed Project, the C-43 West Basin Storage
1350 Reservoir Project, the Indian River Lagoon-South Project, the
1351 Western Everglades Restoration Project, and the Picayune Strand
1352 Restoration Project. The Department of Environmental Protection
1353 and the South Florida Water Management District shall give
1354 preference to those Everglades restoration projects that reduce
1355 harmful discharges of water from Lake Okeechobee to the St.
1356 Lucie or Caloosahatchee estuaries in a timely manner. For the
1357 purpose of performing the calculation provided in this
1358 subparagraph, the amount of debt service paid pursuant to
1359 paragraph (a) for bonds issued after July 1, 2016, for the
1360 purposes set forth under paragraph (b) shall be added to the
1361 amount remaining after the payments required under paragraph
1362 (a). The amount of the distribution calculated shall then be
1363 reduced by an amount equal to the debt service paid pursuant to
1364 paragraph (a) on bonds issued after July 1, 2016, for the
1365 purposes set forth under this subparagraph.
1366 2. A minimum of the lesser of 7.6 percent or $50 million
1367 shall be appropriated annually for spring restoration,
1368 protection, and management projects. For the purpose of
1369 performing the calculation provided in this subparagraph, the
1370 amount of debt service paid pursuant to paragraph (a) for bonds
1371 issued after July 1, 2016, for the purposes set forth under
1372 paragraph (b) shall be added to the amount remaining after the
1373 payments required under paragraph (a). The amount of the
1374 distribution calculated shall then be reduced by an amount equal
1375 to the debt service paid pursuant to paragraph (a) on bonds
1376 issued after July 1, 2016, for the purposes set forth under this
1377 subparagraph.
1378 3. The sum of $5 million shall be appropriated annually
1379 each fiscal year through the 2025-2026 fiscal year to the St.
1380 Johns River Water Management District for projects dedicated to
1381 the restoration of Lake Apopka. This distribution shall be
1382 reduced by an amount equal to the debt service paid pursuant to
1383 paragraph (a) on bonds issued after July 1, 2016, for the
1384 purposes set forth in this subparagraph.
1385 4. The sum of $64 million is appropriated and shall be
1386 transferred to the Everglades Trust Fund for the 2018-2019
1387 fiscal year, and each fiscal year thereafter, for the EAA
1388 reservoir project pursuant to s. 373.4598. Any funds remaining
1389 in any fiscal year shall be made available only for Phase II of
1390 the C-51 reservoir project or projects identified in
1391 subparagraph 1. and must be used in accordance with laws
1392 relating to such projects. Any funds made available for such
1393 purposes in a fiscal year are in addition to the amount
1394 appropriated under subparagraph 1. This distribution shall be
1395 reduced by an amount equal to the debt service paid pursuant to
1396 paragraph (a) on bonds issued after July 1, 2017, for the
1397 purposes set forth in this subparagraph.
1398 5. The sum of $50 million shall be appropriated annually to
1399 the South Florida Water Management District for the Lake
1400 Okeechobee Watershed Restoration Project in accordance with s.
1401 373.4599. This distribution must be reduced by an amount equal
1402 to the debt service paid pursuant to paragraph (a) on bonds
1403 issued after July 1, 2021, for the purposes set forth in this
1404 subparagraph.
1405 6. Notwithstanding subparagraph 3., for the 2022-2023 2021
1406 2022 fiscal year, funds shall be appropriated as provided in the
1407 General Appropriations Act. This subparagraph expires July 1,
1408 2023 2022.
1409 Section 50. In order to implement Specific Appropriation
1410 1713 of the 2022-2023 General Appropriations Act, and
1411 notwithstanding the expiration date in section 48 of chapter
1412 2021-37, Laws of Florida, paragraph (g) of subsection (15) of
1413 section 376.3071, Florida Statutes, is reenacted to read:
1414 376.3071 Inland Protection Trust Fund; creation; purposes;
1415 funding.—
1416 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
1417 department shall pay, pursuant to this subsection, up to $10
1418 million each fiscal year from the fund for the costs of labor
1419 and equipment to repair or replace petroleum storage systems
1420 that may have been damaged due to the storage of fuels blended
1421 with ethanol or biodiesel, or for preventive measures to reduce
1422 the potential for such damage.
1423 (g) Payments may not be made for the following:
1424 1. Proposal costs or costs related to preparation of the
1425 application and required documentation;
1426 2. Certified public accountant costs;
1427 3. Except as provided in paragraph (j), any costs in excess
1428 of the amount approved by the department under paragraph (b) or
1429 which are not in substantial compliance with the purchase order;
1430 4. Costs associated with storage tanks, piping, or
1431 ancillary equipment that has previously been repaired or
1432 replaced for which costs have been paid under this section;
1433 5. Facilities that are not in compliance with department
1434 storage tank rules, until the noncompliance issues have been
1435 resolved; or
1436 6. Costs associated with damage to petroleum storage
1437 systems caused in whole or in part by causes other than the
1438 storage of fuels blended with ethanol or biodiesel.
1439 Section 51. The amendment to s. 376.3071(15)(g), Florida
1440 Statutes, as carried forward from chapter 2020-114, Laws of
1441 Florida, by this act, expires July 1, 2023, and the text of that
1442 paragraph shall revert to that in existence on July 1, 2020, not
1443 including any amendments made by this act or chapter 2020-114,
1444 Laws of Florida, except that any amendments to such text enacted
1445 other than by this act shall be preserved and continue to
1446 operate to the extent that such amendments are not dependent
1447 upon the portion of text which expires pursuant to this section.
1448 Section 52. In order to implement Specific Appropriation
1449 2923 of the 2022-2023 General Appropriations Act, and
1450 notwithstanding the expiration date in section 70 of chapter
1451 2021-37, Laws of Florida, subsection (3) of section 282.709,
1452 Florida Statutes, is reenacted to read:
1453 282.709 State agency law enforcement radio system and
1454 interoperability network.—
1455 (3) In recognition of the critical nature of the statewide
1456 law enforcement radio communications system, the Legislature
1457 finds that there is an immediate danger to the public health,
1458 safety, and welfare, and that it is in the best interest of the
1459 state to continue partnering with the system’s current operator.
1460 The Legislature finds that continuity of coverage is critical to
1461 supporting law enforcement, first responders, and other public
1462 safety users. The potential for a loss in coverage or a lack of
1463 interoperability between users requires emergency action and is
1464 a serious concern for officers’ safety and their ability to
1465 communicate and respond to various disasters and events.
1466 (a) The department, pursuant to s. 287.057(10), shall enter
1467 into a 15-year contract with the entity that was operating the
1468 statewide radio communications system on January 1, 2021. The
1469 contract must include:
1470 1. The purchase of radios;
1471 2. The upgrade to the Project 25 communications standard;
1472 3. Increased system capacity and enhanced coverage for
1473 system users;
1474 4. Operations, maintenance, and support at a fixed annual
1475 rate;
1476 5. The conveyance of communications towers to the
1477 department; and
1478 6. The assignment of communications tower leases to the
1479 department.
1480 (b) The State Agency Law Enforcement Radio System Trust
1481 Fund is established in the department and funded from surcharges
1482 collected under ss. 318.18, 320.0802, and 328.72. Upon
1483 appropriation, moneys in the trust fund may be used by the
1484 department to acquire the equipment, software, and engineering,
1485 administrative, and maintenance services it needs to construct,
1486 operate, and maintain the statewide radio system. Moneys in the
1487 trust fund from surcharges shall be used to help fund the costs
1488 of the system. Upon completion of the system, moneys in the
1489 trust fund may also be used by the department for payment of the
1490 recurring maintenance costs of the system.
1491 Section 53. The text of s. 282.709(3), Florida Statutes, as
1492 carried forward from chapter 2021-37, Laws of Florida, by this
1493 act, expires July 1, 2023, and the text of that subsection shall
1494 revert to that in existence on June 1, 2021, except that any
1495 amendments to such text enacted other than by this act shall be
1496 preserved and continue to operate to the extent that such
1497 amendments are not dependent upon the portions of text which
1498 expire pursuant to this section.
1499 Section 54. In order to implement appropriations relating
1500 to the purchase of equipment and services related to the
1501 Statewide Law Enforcement Radio System (SLERS) as authorized in
1502 the 2022-2023 General Appropriations Act, and notwithstanding s.
1503 287.057, Florida Statutes, state agencies and other eligible
1504 users of the SLERS network may use the Department of Management
1505 Services SLERS contract for purchase of equipment and services.
1506 This section expires July 1, 2023.
1507 Section 55. In order to implement section 59 of the 2022
1508 2023 General Appropriations Act, and in order to expedite the
1509 closure of the Piney Point facility located in Manatee County,
1510 the Department of Environmental Protection is exempt from the
1511 competitive procurement requirements of s. 287.057, Florida
1512 Statutes, for any procurement of commodities or contractual
1513 services in support of the site closure or to address
1514 environmental impacts associated with the system failure. This
1515 section expires July 1, 2023.
1516 Section 56. In order to implement Specific Appropriation
1517 2656 of the 2022-2023 General Appropriations Act, paragraph (b)
1518 of subsection (3) and subsection (5) of section 321.04, Florida
1519 Statutes, are amended to read:
1520 321.04 Personnel of the highway patrol; rank
1521 classifications; probationary status of new patrol officers;
1522 subsistence; special assignments.—
1523 (3)
1524 (b) For the 2022-2023 2021-2022 fiscal year only, upon the
1525 request of the Governor, the Department of Highway Safety and
1526 Motor Vehicles shall assign one or more patrol officers to the
1527 office of the Lieutenant Governor for security services. This
1528 paragraph expires July 1, 2023 2022.
1529 (5) For the 2022-2023 2021-2022 fiscal year only, the
1530 assignment of a patrol officer by the department shall include a
1531 Cabinet member specified in s. 4, Art. IV of the State
1532 Constitution if deemed appropriate by the department or in
1533 response to a threat and upon written request of such Cabinet
1534 member. This subsection expires July 1, 2023 2022.
1535 Section 57. Effective upon becoming a law and in order to
1536 implement Specific Appropriations 2637 and 2645 of the 2022-2023
1537 General Appropriations Act, subsection (7) of section 215.559,
1538 Florida Statutes, is amended to read:
1539 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
1540 Mitigation Program is established in the Division of Emergency
1541 Management.
1542 (7) This section is repealed June 30, 2023 2022.
1543 Section 58. In order to implement section 84 of the 2022
1544 2023 General Appropriations Act, subsection (3) of section
1545 288.80125, Florida Statutes, is amended to read:
1546 288.80125 Triumph Gulf Coast Trust Fund.—
1547 (3) For the 2022-2023 2021-2022 fiscal year, funds shall be
1548 used for the Rebuild Florida Revolving Loan Fund program to
1549 provide assistance to businesses impacted by Hurricane Michael
1550 as provided in the General Appropriations Act. This subsection
1551 expires July 1, 2023 2022.
1552 Section 59. In order to implement Specific Appropriations
1553 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1554 through 1991, and 2026 through 2039 and section 104 of the 2022
1555 2023 General Appropriations Act, subsections (4) and (5) of
1556 section 339.08, Florida Statutes, are amended to read:
1557 339.08 Use of moneys in State Transportation Trust Fund.—
1558 (4) Notwithstanding the provisions of this section and ss.
1559 215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year
1560 only, funds may be transferred from the State Transportation
1561 Trust Fund to the General Revenue Fund as specified in the
1562 General Appropriations Act. Notwithstanding ss. 206.46(3) and
1563 206.606(2), the total amount transferred shall be reduced from
1564 total state revenues deposited into the State Transportation
1565 Trust Fund for the calculation requirements of ss. 206.46(3) and
1566 206.606(2). This subsection expires July 1, 2022.
1567 (5) Notwithstanding any other law, and for the 2022-2023
1568 2021-2022 fiscal year only, funds are appropriated to the State
1569 Transportation Trust Fund from the General Revenue Fund shall be
1570 used on State Highway System projects and grants to Florida
1571 ports as provided in the General Appropriations Act. The
1572 department is not required to deplete the resources transferred
1573 from the General Revenue Fund for the fiscal year as required in
1574 s. 339.135(3)(b), and the funds may not be used in calculating
1575 the required quarterly cash balance of the trust fund as
1576 required in s. 339.135(6)(b). The department shall track and
1577 account for such appropriated funds as a separate funding source
1578 for eligible projects on the State Highway System and grants to
1579 Florida ports. This subsection expires July 1, 2023 2022.
1580 Section 60. In order to implement Specific Appropriations
1581 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1582 through 1991, and 2026 through 2039 of the 2022-2023 General
1583 Appropriations Act, paragraph (h) of subsection (7) of section
1584 339.135, Florida Statutes, is reenacted and amended to read:
1585 339.135 Work program; legislative budget request;
1586 definitions; preparation, adoption, execution, and amendment.—
1587 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1588 (h)1. Any work program amendment that also adds a new
1589 project, or phase thereof, to the adopted work program in excess
1590 of $3 million is subject to approval by the Legislative Budget
1591 Commission. Any work program amendment submitted under this
1592 paragraph must include, as supplemental information, a list of
1593 projects, or phases thereof, in the current 5-year adopted work
1594 program which are eligible for the funds within the
1595 appropriation category being used for the proposed amendment.
1596 The department shall provide a narrative with the rationale for
1597 not advancing an existing project, or phase thereof, in lieu of
1598 the proposed amendment.
1599 2. If the department submits an amendment to the
1600 Legislative Budget Commission and the commission does not meet
1601 or consider the amendment within 30 days after its submittal,
1602 the chair and vice chair of the commission may authorize the
1603 amendment to be approved pursuant to s. 216.177. This
1604 subparagraph expires July 1, 2023 2022.
1605 Section 61. In order to implement Specific Appropriation
1606 2305 of the 2022-2023 General Appropriations Act, subsections
1607 (5) and (6) are added to section 331.3101, Florida Statutes, to
1608 read:
1609 331.3101 Space Florida; travel and entertainment expenses.—
1610 (5) Notwithstanding the provisions of this section, in the
1611 2022 annual report required under subsection (3), Space Florida
1612 must:
1613 (a) Provide an itemized accounting, by date of travel, of
1614 all travel, entertainment, and incidental expenses incurred;
1615 (b) To the extent such expenses exceed the generally
1616 allowable limits under s. 112.061, provide reasons behind the
1617 need to exceed the statutory limits in s. 112.061;
1618 (c) Categorize expenses for Space Florida board members,
1619 staff, and employees and for business clients. The report must
1620 also set forth any expenses authorized by the board or its
1621 designee for a guest; and
1622 (d) Include information related to corrective actions and
1623 steps taken by Space Florida to address the findings in the
1624 Auditor General Report number 2022-049.
1625
1626 This subsection expires July 1, 2023.
1627 (6) Notwithstanding the provisions of this section, travel
1628 and entertainment expenses incurred by Space Florida may only be
1629 for expenses that are solely and exclusively incurred in
1630 connection with the performance of its statutory duties and made
1631 in accordance with this subsection.
1632 (a) For the 2022-2023 fiscal year, Space Florida may not
1633 expend any funds, whether appropriated or from income earned by
1634 Space Florida, on travel and entertainment expenses for the
1635 fiscal year in excess of an amount equal to 4 percent of the
1636 amount appropriated in the General Appropriations Act to the
1637 entity. No funds may be expended on any recreational activities
1638 for any Space Florida board members, staff, or employees or a
1639 business client or guest.
1640 (b) For the 2022-2023 fiscal year, lodging expenses for a
1641 board member, staff, or employee of Space Florida may not exceed
1642 $150 per day, excluding taxes, unless Space Florida is
1643 participating in a negotiated group rate discount or Space
1644 Florida provides documentation of at least three comparable
1645 alternatives demonstrating that such lodging at the required
1646 rate is not available. However, a board member, staff, or
1647 employee of Space Florida may expend his or her own funds for
1648 any lodging expenses in excess of $150 per day.
1649 (c) This subsection expires July 1, 2023.
1650 Section 62. In order to implement Specific Appropriations
1651 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1652 through 1991, and 2026 through 2039 of the 2022-2023 General
1653 Appropriations Act, subsections (17) and (18) are added to
1654 section 337.11, Florida Statutes, to read:
1655 337.11 Contracting authority of department; bids; emergency
1656 repairs, supplemental agreements, and change orders; combined
1657 design and construction contracts; progress payments; records;
1658 requirements of vehicle registration.—
1659 (17) The department shall implement strategies to reduce
1660 the cost of design, inspection, and construction while ensuring
1661 that the design and construction of projects meet applicable
1662 federal and state standards. The department shall submit a
1663 report by December 31, 2022, to the Governor, the President of
1664 the Senate, and the Speaker of the House of Representatives
1665 which details the strategies implemented and the projected
1666 savings to the state. This subsection expires July 1, 2023.
1667 (18) The department may share a portion of the construction
1668 cost savings realized due to a change in the construction
1669 contract design and scope, initiated after execution of the
1670 contract, with a design services consultant to the extent that
1671 the consultant’s input and involvement contributed to such
1672 savings. The amount paid to a consultant pursuant to this
1673 subsection may not exceed 10 percent of the construction cost
1674 savings realized. This subsection expires July 1, 2023.
1675 Section 63. Effective upon becoming a law, in order to
1676 implement appropriations for economic development programs in
1677 the 2021-2022 and 2022-2023 fiscal year General Appropriations
1678 Acts, the Department of Economic Opportunity shall give priority
1679 to applications for projects that benefit the on-shoring of
1680 manufacturing to the state, defined as the relocation of
1681 manufacturing from foreign nations to the state, when such
1682 prioritization may be applicable to the scope of an economic
1683 development program. This section expires July 1, 2023.
1684 Section 64. In order to implement Specific Appropriation
1685 2599 of the 2022-2023 General Appropriations Act, paragraph (d)
1686 of subsection (4) of section 112.061, Florida Statutes, is
1687 amended to read:
1688 112.061 Per diem and travel expenses of public officers,
1689 employees, and authorized persons; statewide travel management
1690 system.—
1691 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
1692 officer or employee assigned to an office shall be the city or
1693 town in which the office is located except that:
1694 (d) A Lieutenant Governor who permanently resides outside
1695 of Leon County, may, if he or she so requests, have an
1696 appropriate facility in his or her county designated as his or
1697 her official headquarters for purposes of this section. This
1698 official headquarters may only serve as the Lieutenant
1699 Governor’s personal office. The Lieutenant Governor may not use
1700 state funds to lease space in any facility for his or her
1701 official headquarters.
1702 1. A Lieutenant Governor for whom an official headquarters
1703 is established in his or her county of residence pursuant to
1704 this paragraph is eligible for subsistence at a rate to be
1705 established by the Governor for each day or partial day that the
1706 Lieutenant Governor is at the State Capitol to conduct official
1707 state business. In addition to the subsistence allowance, a
1708 Lieutenant Governor is eligible for reimbursement for
1709 transportation expenses as provided in subsection (7) for travel
1710 between the Lieutenant Governor’s official headquarters and the
1711 State Capitol to conduct state business.
1712 2. Payment of subsistence and reimbursement for
1713 transportation between a Lieutenant Governor’s official
1714 headquarters and the State Capitol shall be made to the extent
1715 appropriated funds are available, as determined by the Governor.
1716 3. This paragraph expires July 1, 2023 2022.
1717 Section 65. Effective upon becoming a law, in order to
1718 implement section 8 of the 2022-2023 General Appropriations Act:
1719 (1) The Department of Management Services, pursuant to s.
1720 110.123(3), Florida Statutes, shall release, during the 2021
1721 2022 fiscal year or 2022-2023 fiscal year, competitive
1722 procurements for third-party administrative services for
1723 preferred provider organization plans, health maintenance
1724 organization services, and pharmacy benefits manager services to
1725 be effective January 1, 2024.
1726 (2) Such competitive procurements and resultant contracts
1727 shall continue the State Group Health Insurance Standard Plans,
1728 State Group Health Insurance High Deductible Plans, State Group
1729 Health Maintenance Organization Standard Plans, and State Group
1730 Health Maintenance Organization High Deductible Plans within the
1731 State Group Insurance Program. Notwithstanding s. 110.123(3)(j),
1732 Florida Statutes, the benefits provided under each of the plans
1733 shall be those benefits provided in the Plan Year 2022 State
1734 Employees’ PPO Plan Group Health Insurance Plan Booklet and
1735 Benefit Document and the Plan Year 2022 Health Maintenance
1736 Organization contracts and benefit documents, modified only by
1737 revisions approved by the Legislature.
1738 (3) It is the intent of the Legislature that state agencies
1739 operate in an efficient manner and contract for necessary
1740 services in the best interests of the state and its residents.
1741 In recognition of the limitations otherwise placed on state
1742 agencies pursuant to s. 216.311, Florida Statutes, when
1743 contracting for services, the Department of Management Services,
1744 when contracting for administrative services relating to the
1745 administration of the health plans beginning in Plan Year 2024,
1746 is authorized to enter into contracts that may require the
1747 payment of administrative fees not to exceed 110 percent of the
1748 amount appropriated in the 2022-2023 General Appropriations Act
1749 to the Division of State Group Insurance for such services.
1750 (4) Notwithstanding s. 110.123(3)(f) and (j), Florida
1751 Statutes, the Department of Management Services shall maintain
1752 and offer the same PPO and HMO health plan alternatives to the
1753 participants of the State Group Health Insurance Program during
1754 the 2022-2023 fiscal year which were in effect for the 2021-2022
1755 fiscal year.
1756
1757 This section expires July 1, 2023.
1758 Section 66. In order to implement the appropriation of
1759 funds in the special categories, contracted services, and
1760 expenses categories of the 2022-2023 General Appropriations Act,
1761 a state agency may not initiate a competitive solicitation for a
1762 product or service if the completion of such competitive
1763 solicitation would:
1764 (1) Require a change in law; or
1765 (2) Require a change to the agency’s budget other than a
1766 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
1767 unless the initiation of such competitive solicitation is
1768 specifically authorized in law, in the General Appropriations
1769 Act, or by the Legislative Budget Commission.
1770
1771 This section does not apply to a competitive solicitation for
1772 which the agency head certifies that a valid emergency exists.
1773 This section expires July 1, 2023.
1774 Section 67. In order to implement Specific Appropriations
1775 2722 and 2723 of the 2022-2023 General Appropriations Act, and
1776 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1777 salaries for members of the Legislature for the 2022-2023 fiscal
1778 year shall be set at the same level in effect on July 1, 2010.
1779 This section expires July 1, 2023.
1780 Section 68. In order to implement the transfer of funds
1781 from the General Revenue Fund from trust funds for the 2022-2023
1782 General Appropriations Act, and notwithstanding the expiration
1783 date in section 61 of chapter 2021-37, Laws of Florida,
1784 paragraph (b) of subsection (2) of section 215.32, Florida
1785 Statutes, is reenacted to read:
1786 215.32 State funds; segregation.—
1787 (2) The source and use of each of these funds shall be as
1788 follows:
1789 (b)1. The trust funds shall consist of moneys received by
1790 the state which under law or under trust agreement are
1791 segregated for a purpose authorized by law. The state agency or
1792 branch of state government receiving or collecting such moneys
1793 is responsible for their proper expenditure as provided by law.
1794 Upon the request of the state agency or branch of state
1795 government responsible for the administration of the trust fund,
1796 the Chief Financial Officer may establish accounts within the
1797 trust fund at a level considered necessary for proper
1798 accountability. Once an account is established, the Chief
1799 Financial Officer may authorize payment from that account only
1800 upon determining that there is sufficient cash and releases at
1801 the level of the account.
1802 2. In addition to other trust funds created by law, to the
1803 extent possible, each agency shall use the following trust funds
1804 as described in this subparagraph for day-to-day operations:
1805 a. Operations or operating trust fund, for use as a
1806 depository for funds to be used for program operations funded by
1807 program revenues, with the exception of administrative
1808 activities when the operations or operating trust fund is a
1809 proprietary fund.
1810 b. Operations and maintenance trust fund, for use as a
1811 depository for client services funded by third-party payors.
1812 c. Administrative trust fund, for use as a depository for
1813 funds to be used for management activities that are departmental
1814 in nature and funded by indirect cost earnings and assessments
1815 against trust funds. Proprietary funds are excluded from the
1816 requirement of using an administrative trust fund.
1817 d. Grants and donations trust fund, for use as a depository
1818 for funds to be used for allowable grant or donor agreement
1819 activities funded by restricted contractual revenue from private
1820 and public nonfederal sources.
1821 e. Agency working capital trust fund, for use as a
1822 depository for funds to be used pursuant to s. 216.272.
1823 f. Clearing funds trust fund, for use as a depository for
1824 funds to account for collections pending distribution to lawful
1825 recipients.
1826 g. Federal grant trust fund, for use as a depository for
1827 funds to be used for allowable grant activities funded by
1828 restricted program revenues from federal sources.
1829
1830 To the extent possible, each agency must adjust its internal
1831 accounting to use existing trust funds consistent with the
1832 requirements of this subparagraph. If an agency does not have
1833 trust funds listed in this subparagraph and cannot make such
1834 adjustment, the agency must recommend the creation of the
1835 necessary trust funds to the Legislature no later than the next
1836 scheduled review of the agency’s trust funds pursuant to s.
1837 215.3206.
1838 3. All such moneys are hereby appropriated to be expended
1839 in accordance with the law or trust agreement under which they
1840 were received, subject always to the provisions of chapter 216
1841 relating to the appropriation of funds and to the applicable
1842 laws relating to the deposit or expenditure of moneys in the
1843 State Treasury.
1844 4.a. Notwithstanding any provision of law restricting the
1845 use of trust funds to specific purposes, unappropriated cash
1846 balances from selected trust funds may be authorized by the
1847 Legislature for transfer to the Budget Stabilization Fund and
1848 General Revenue Fund in the General Appropriations Act.
1849 b. This subparagraph does not apply to trust funds required
1850 by federal programs or mandates; trust funds established for
1851 bond covenants, indentures, or resolutions whose revenues are
1852 legally pledged by the state or public body to meet debt service
1853 or other financial requirements of any debt obligations of the
1854 state or any public body; the Division of Licensing Trust Fund
1855 in the Department of Agriculture and Consumer Services; the
1856 State Transportation Trust Fund; the trust fund containing the
1857 net annual proceeds from the Florida Education Lotteries; the
1858 Florida Retirement System Trust Fund; trust funds under the
1859 management of the State Board of Education or the Board of
1860 Governors of the State University System, where such trust funds
1861 are for auxiliary enterprises, self-insurance, and contracts,
1862 grants, and donations, as those terms are defined by general
1863 law; trust funds that serve as clearing funds or accounts for
1864 the Chief Financial Officer or state agencies; trust funds that
1865 account for assets held by the state in a trustee capacity as an
1866 agent or fiduciary for individuals, private organizations, or
1867 other governmental units; and other trust funds authorized by
1868 the State Constitution.
1869 Section 69. The text of s. 215.32(2)(b), Florida Statutes,
1870 as carried forward from chapter 2011-47, Laws of Florida, by
1871 this act, expires July 1, 2023, and the text of that paragraph
1872 shall revert to that in existence on June 30, 2011, except that
1873 any amendments to such text enacted other than by this act shall
1874 be preserved and continue to operate to the extent that such
1875 amendments are not dependent upon the portions of text which
1876 expire pursuant to this section.
1877 Section 70. In order to implement appropriations in the
1878 2022-2023 General Appropriations Act for state employee travel,
1879 the funds appropriated to each state agency which may be used
1880 for travel by state employees are limited during the 2022-2023
1881 fiscal year to travel for activities that are critical to each
1882 state agency’s mission. Funds may not be used for travel by
1883 state employees to foreign countries, other states, conferences,
1884 staff training activities, or other administrative functions
1885 unless the agency head has approved, in writing, that such
1886 activities are critical to the agency’s mission. The agency head
1887 shall consider using teleconferencing and other forms of
1888 electronic communication to meet the needs of the proposed
1889 activity before approving mission-critical travel. This section
1890 does not apply to travel for law enforcement purposes, military
1891 purposes, emergency management activities, or public health
1892 activities. This section expires July 1, 2023.
1893 Section 71. In order to implement appropriations in the
1894 2022-2023 General Appropriations Act for state employee travel
1895 and notwithstanding s. 112.061, Florida Statutes, costs for
1896 lodging associated with a meeting, conference, or convention
1897 organized or sponsored in whole or in part by a state agency or
1898 the judicial branch may not exceed $175 per day. An employee may
1899 expend his or her own funds for any lodging expenses in excess
1900 of $175 per day. For purposes of this section, a meeting does
1901 not include travel activities for conducting an audit,
1902 examination, inspection, or investigation or travel activities
1903 related to a litigation or emergency response. This section
1904 expires July 1, 2023.
1905 Section 72. In order to implement the appropriation of
1906 funds in the special categories, contracted services, and
1907 expenses categories of the 2022-2023 General Appropriations Act,
1908 a state agency may not enter into a contract containing a
1909 nondisclosure clause that prohibits the contractor from
1910 disclosing information relevant to the performance of the
1911 contract to members or staff of the Senate or the House of
1912 Representatives. This section expires July 1, 2023.
1913 Section 73. In order to implement Specific Appropriation
1914 2599 of the 2022-2023 General Appropriations Act, section 14.35,
1915 Florida Statutes, is reenacted and amended to read:
1916 14.35 Governor’s Medal of Freedom.—
1917 (1) The Governor may present, in the name of the State of
1918 Florida, a medal to be known as the “Governor’s Medal of
1919 Freedom,” which shall bear a suitable inscription and ribbon of
1920 appropriate design, to any person who has made an especially
1921 meritorious contribution to the interests and citizens of the
1922 state, its culture, or other significant public or private
1923 endeavor.
1924 (2)(a) In the event of the death of an individual who has
1925 been chosen to receive the Governor’s Medal of Freedom, the
1926 medal may be presented to a designated representative of the
1927 chosen recipient.
1928 (b) The Governor’s Medal of Freedom may only be presented
1929 to an individual once.
1930 (3) This section expires July 1, 2023 2022.
1931 Section 74. Any section of this act which implements a
1932 specific appropriation or specifically identified proviso
1933 language in the 2022-2023 General Appropriations Act is void if
1934 the specific appropriation or specifically identified proviso
1935 language is vetoed. Any section of this act which implements
1936 more than one specific appropriation or more than one portion of
1937 specifically identified proviso language in the 2022-2023
1938 General Appropriations Act is void if all the specific
1939 appropriations or portions of specifically identified proviso
1940 language are vetoed.
1941 Section 75. If any other act passed during the 2022 Regular
1942 Session of the Legislature contains a provision that is
1943 substantively the same as a provision in this act, but that
1944 removes or is otherwise not subject to the future repeal applied
1945 to such provision by this act, the Legislature intends that the
1946 provision in the other act takes precedence and continues to
1947 operate, notwithstanding the future repeal provided by this act.
1948 Section 76. If any provision of this act or its application
1949 to any person or circumstance is held invalid, the invalidity
1950 does not affect other provisions or applications of the act
1951 which can be given effect without the invalid provision or
1952 application, and to this end the provisions of this act are
1953 severable.
1954 Section 77. Except as otherwise expressly provided in this
1955 act and except for this section, which shall take effect upon
1956 this act becoming a law, this act shall take effect July 1,
1957 2022, or, if this act fails to become a law until after that
1958 date, it shall take effect upon becoming a law and shall operate
1959 retroactively to July 1, 2022.
1960
1961 ================= T I T L E A M E N D M E N T ================
1962 And the title is amended as follows:
1963 Delete everything before the enacting clause
1964 and insert:
1965 A bill to be entitled
1966 An act implementing the 2022-2023 General
1967 Appropriations Act; providing legislative intent;
1968 incorporating by reference certain calculations of the
1969 Florida Education Finance Program; providing that
1970 funds for instructional materials must be released and
1971 expended as required in the General Appropriations
1972 Act; reenacting and amending s. 1013.62(1), F.S.;
1973 specifying the source of capital outlay funding for
1974 charter schools; providing for the future expiration
1975 and reversion of specified statutory text; amending s.
1976 1011.62, F.S.; extending for 1 fiscal year
1977 authorization for the Legislature to provide a funding
1978 compression and hold harmless allocation; amending s.
1979 1011.62, F.S.; revising caps relating to the
1980 determination of sparsity supplements; revising
1981 requirements relating to computing district sparsity
1982 indexes; providing for the future expiration and
1983 reversion of specified statutory text; reenacting s.
1984 1001.26(1), F.S., relating to the public broadcasting
1985 program system; extending for 1 fiscal year
1986 authorization for the Department of Education to
1987 provide certain appropriated funds to certain
1988 education television stations and public colleges and
1989 universities for public broadcasting; providing for
1990 the future expiration and reversion of specified
1991 statutory text; amending ss. 1011.80 and 1011.81,
1992 F.S.; extending for 1 fiscal year the requirement that
1993 the Credentials Review Committee of the state
1994 workforce development board develop a specified
1995 funding formula to allocate specified school district
1996 performance funds and institution performance funds,
1997 respectively; creating s. 1004.6496, F.S.; authorizing
1998 the Board of Trustees of the University of Florida to
1999 use funds to establish the Hamilton Center for
2000 Classical and Civic Education; providing purposes and
2001 goals of the center; authorizing the Agency for Health
2002 Care Administration, in consultation with the
2003 Department of Health, to submit a budget amendment to
2004 realign funding for a component of the Children’s
2005 Medical Services program to reflect actual enrollment
2006 changes; specifying requirements for such realignment;
2007 authorizing the agency to request nonoperating budget
2008 authority for transferring certain federal funds to
2009 the Department of Health; authorizing the Agency for
2010 Health Care Administration to submit a budget
2011 amendment to realign Medicaid funding for specified
2012 purposes, subject to certain limitations; authorizing
2013 the Agency for Health Care Administration and the
2014 Department of Health to each submit a budget amendment
2015 to realign funding within the Florida Kidcare program
2016 appropriation categories or increase budget authority
2017 for certain purposes; specifying the time period
2018 during which each such budget amendment must be
2019 submitted; amending ss. 381.986 and 381.988, F.S.;
2020 extending for 1 year the exemption of certain rules
2021 pertaining to the medical use of marijuana from
2022 certain rulemaking requirements; amending s. 14(1) of
2023 chapter 2017-232, Laws of Florida; exempting certain
2024 rules pertaining to medical marijuana adopted to
2025 replace emergency rules from specified rulemaking
2026 requirements; providing for the future expiration and
2027 reversion of specified law; authorizing the Department
2028 of Children and Families to submit a budget amendment
2029 to realign funding for implementation of the
2030 Guardianship Assistance Program; authorizing the
2031 Department of Children and Families to submit a budget
2032 amendment to realign funding within the Family Safety
2033 Program for specified purposes; authorizing the
2034 Department of Children and Families to submit a budget
2035 amendment to realign funding between appropriations
2036 categories for specified purposes; authorizing the
2037 Department of Health to submit a budget amendment to
2038 increase budget authority for the HIV/AIDS Prevention
2039 and Treatment Program if a certain condition is met;
2040 authorizing the Department of Health to submit a
2041 budget amendment to increase budget authority for the
2042 department if additional federal revenues specific to
2043 COVID-19 relief funds become available; reenacting and
2044 amending s. 42(1)-(5) of chapter 2020-114, Laws of
2045 Florida, as amended; prohibiting the Agency for Health
2046 Care Administration from including certain contracts
2047 in a specified project for the Florida Medicaid
2048 program; extending for 1 fiscal year provisions
2049 governing the Agency for Health Care Administration’s
2050 replacement of the Florida Medicaid Management
2051 Information System (FMMIS) and fiscal agent
2052 operations; requiring the Agency for Health Care
2053 Administration, in consultation with the Department of
2054 Health, the Agency for Persons with Disabilities, the
2055 Department of Children and Families, and the
2056 Department of Corrections, to competitively procure a
2057 contract with a vendor to negotiate prices for
2058 prescription drugs; providing requirements for such
2059 contract; amending s. 216.262, F.S.; extending for 1
2060 fiscal year the authority of the Department of
2061 Corrections to submit a budget amendment for
2062 additional positions and appropriations under certain
2063 circumstances; requiring review and approval by the
2064 Legislative Budget Commission; amending s. 1011.80,
2065 F.S.; specifying the manner by which state funds for
2066 postsecondary workforce programs may be used for
2067 inmate education; providing for the future expiration
2068 and reversion of specified statutory text; amending s.
2069 215.18, F.S.; extending for 1 fiscal year the
2070 authority and related repayment requirements for
2071 temporary trust fund loans to the state court system
2072 which are sufficient to meet the system’s
2073 appropriation; requiring the Department of Juvenile
2074 Justice to review county juvenile detention payments
2075 to determine whether a county has met specified
2076 financial responsibilities; requiring amounts owed by
2077 the county for such financial responsibilities to be
2078 deducted from certain county funds; requiring the
2079 Department of Revenue to transfer withheld funds to a
2080 specified trust fund; requiring the Department of
2081 Revenue to ensure that such reductions in amounts
2082 distributed do not reduce distributions below amounts
2083 necessary for certain payments due on bonds and comply
2084 with bond covenants; requiring the Department of
2085 Revenue to notify the Department of Juvenile Justice
2086 if bond payment requirements mandate a reduction in
2087 deductions for amounts owed by a county; reenacting s.
2088 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S.,
2089 relating to court-appointed counsel; extending for 1
2090 fiscal year provisions governing the appointment of
2091 court-appointed counsel; providing for the future
2092 expiration and reversion of specified statutory text;
2093 amending s. 27.5304, F.S., and reenacting subsections
2094 (1), (3), (7), and (11) and paragraphs (12)(a)-(e),
2095 relating to private court-appointed counsel; extending
2096 for 1 fiscal year limitations on compensation for
2097 representation in criminal proceedings; providing for
2098 the future expiration and reversion of specified
2099 statutory text; authorizing the Department of
2100 Financial Services to submit a budget amendment to
2101 increase the category to pay for the information data
2102 warehouse; authorizing the Department of Lottery to
2103 submit a budget amendment to increase the
2104 appropriation for the implementation of a new prize
2105 payment system; requiring the Department of Management
2106 Services to use tenant broker services to renegotiate
2107 or reprocure certain private lease agreements for
2108 office or storage space; requiring the Department of
2109 Management Services to provide a report to the
2110 Governor and the Legislature by a specified date;
2111 prohibiting an agency from transferring funds from a
2112 data processing category to another category that is
2113 not a data processing category; authorizing the
2114 Executive Office of the Governor to transfer funds
2115 appropriated for a specified data center category
2116 between departments for a specified purpose;
2117 authorizing the Executive Office of the Governor to
2118 transfer funds between departments for purposes of
2119 aligning amounts paid for risk management insurance
2120 and for human resource management services purchased
2121 per statewide contract; reenacting and amending s.
2122 72(1)-(5) of chapter 2020-114, Laws of Florida, as
2123 amended; extending for 1 fiscal year provisions
2124 requiring the Department of Financial Services to
2125 replace specified components of the Florida Accounting
2126 Information Resource Subsystem (FLAIR) and the Cash
2127 Management Subsystem (CMS); amending s. 215.18, F.S.;
2128 extending for 1 fiscal year the authority of the
2129 Governor, if there is a specified temporary deficiency
2130 in a land acquisition trust fund in the Department of
2131 Agriculture and Consumer Services, the Department of
2132 Environmental Protection, the Department of State, or
2133 the Fish and Wildlife Conservation Commission, to
2134 transfer funds from other trust funds in the State
2135 Treasury as a temporary loan to such trust fund;
2136 providing a deadline for the repayment of a temporary
2137 loan; requiring the Department of Environmental
2138 Protection to transfer designated proportions of the
2139 revenues deposited in the Land Acquisition Trust Fund
2140 within the department to land acquisition trust funds
2141 in the Department of Agriculture and Consumer
2142 Services, the Department of State, and the Fish and
2143 Wildlife Conservation Commission according to
2144 specified parameters and calculations; defining the
2145 term “department”; requiring the Department of
2146 Environmental Protection to make monthly transfers to
2147 specified land acquisition trust funds; specifying the
2148 method of determining transfer amounts; authorizing
2149 the Department of Environmental Protection to advance
2150 funds from its land acquisition trust fund to the Fish
2151 and Wildlife Conservation Commission’s land
2152 acquisition trust fund for specified purposes;
2153 amending s. 576.045, F.S.; extending for 1 year the
2154 expiration date of provisions relating to
2155 fertilization-management practices and nitrogen and
2156 phosphorus residues; amending s. 375.041, F.S.;
2157 specifying that certain funds for projects dedicated
2158 to restoring Lake Apopka shall be appropriated as
2159 provided in the General Appropriations Act; reenacting
2160 s. 376.3071(15)(g), F.S., relating to the Inland
2161 Protection Trust Fund; exempting specified costs
2162 incurred by certain petroleum storage system owners or
2163 operators during a specified period from the
2164 prohibition against making payments in excess of
2165 amounts approved by the Department of Environmental
2166 Protection; providing for the future expiration and
2167 reversion of specified statutory text; reenacting s.
2168 282.709, F.S., relating to the state agency law
2169 enforcement radio system and interoperability network;
2170 authorizing state agencies and other eligible users of
2171 the Statewide Law Enforcement Radio System (SLERS) to
2172 use a specified Department of Management Services
2173 contract for purchases of equipment and services;
2174 providing for the future expiration and reversion of
2175 specified statutory text; exempting specified
2176 competitive procurement requirements for the
2177 Department of Environmental Protection for the
2178 procurement of commodities and contractual services in
2179 response to the Piney Point facility closure; amending
2180 s. 321.04, F.S.; extending for 1 fiscal year the
2181 requirement that the Department of Highway Safety and
2182 Motor Vehicles assign one or more patrol officers to
2183 the office of Lieutenant Governor for security
2184 purposes, upon request of the Governor; extending for
2185 1 fiscal year the requirement that the Department of
2186 Highway Safety and Motor Vehicles assign a patrol
2187 officer to a Cabinet member under certain
2188 circumstances; amending s. 215.559, F.S.; delaying the
2189 repeal of provisions governing the Division of
2190 Emergency Management’s Hurricane Loss Mitigation
2191 Program; amending s. 288.80125, F.S.; extending for 1
2192 fiscal year a requirement that funds in the Triumph
2193 Gulf Coast Trust Fund be used for the Rebuild Florida
2194 Revolving Loan Fund program for purposes related to
2195 Hurricane Michael recovery; amending s. 339.08, F.S.;
2196 deleting obsolete language; appropriating funds to the
2197 State Transportation Trust Fund from the General
2198 Revenue Fund; reenacting and amending s. 339.135,
2199 F.S.; extending for 1 year authorization for the chair
2200 and vice chair of the Legislative Budget Commission to
2201 approve certain work program amendments under
2202 specified circumstances; amending s. 331.3101, F.S.;
2203 revising requirements for Space Florida’s annual
2204 report to the Legislature relating to expenses;
2205 revising requirements relating to travel and
2206 entertainment expenses of Space Florida; prohibiting
2207 Space Florida from expending certain funds for
2208 specified purposes; providing a cap on lodging
2209 expenses for board members, staff, and employees of
2210 Space Florida under certain circumstances; authorizing
2211 board members, staff, and employees of Space Florida
2212 to expend their own funds for lodging expenses in
2213 excess of the cap; amending s. 337.11, F.S.; requiring
2214 the Department of Transportation to implement certain
2215 strategies relating to the design, inspection, and
2216 construction of projects; requiring the department to
2217 submit a report to the Governor and the Legislature by
2218 a specified date detailing such strategies and
2219 projected savings; authorizing the department to share
2220 certain realized construction cost savings with design
2221 services consultants under certain circumstances;
2222 providing a cap for the amount paid to such
2223 consultants; requiring the Department of Economic
2224 Opportunity, in the administration of economic
2225 development programs, to give priority to applications
2226 for projects that benefit the on-shoring of
2227 manufacturing to the state; amending s. 112.061, F.S.;
2228 extending for 1 fiscal year the authorization for the
2229 Lieutenant Governor to designate an alternative
2230 official headquarters under certain conditions;
2231 specifying restrictions, limitations, eligibility for
2232 the subsistence allowance, reimbursement of
2233 transportation expenses, and payment thereof;
2234 requiring the Department of Management Services to
2235 release certain competitive procurements by a
2236 specified date; providing requirements for such
2237 procurements; providing legislative intent;
2238 authorizing the department to enter into contracts
2239 that may require the payment of administrative fees
2240 under a specified amount; requiring the department to
2241 maintain and offer the same health insurance options
2242 for participants of the State Group Health Insurance
2243 Program for the 2022-2023 fiscal year as applied in
2244 the preceding fiscal year; prohibiting a state agency
2245 from initiating a competitive solicitation for a
2246 product or service under certain circumstances;
2247 providing an exception; providing that the annual
2248 salaries of the members of the Legislature be
2249 maintained at a specified level; reenacting s.
2250 215.32(2)(b), F.S., relating to the source and use of
2251 certain trust funds; providing for the future
2252 expiration and reversion of statutory text; specifying
2253 the types of travel which may be used with state
2254 employee travel funds; providing exceptions; providing
2255 a monetary cap on lodging costs for state employee
2256 travel to certain meetings organized or sponsored by a
2257 state agency or the judicial branch; authorizing
2258 employees to expend their own funds for lodging
2259 expenses that exceed the monetary cap; prohibiting a
2260 state agency from entering into a contract containing
2261 certain nondisclosure agreements; reenacting and
2262 amending s. 14.35, F.S.; extending for 1 fiscal year
2263 provisions authorizing the Governor’s Medal of
2264 Freedom; providing conditions under which the veto of
2265 certain appropriations or proviso language in the
2266 General Appropriations Act voids language that
2267 implements such appropriation; providing for the
2268 continued operation of certain provisions
2269 notwithstanding a future repeal or expiration provided
2270 by the act; providing severability; providing
2271 effective dates.
