Bill Amendment: FL S2502 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Implementing the 2023-2024 General Appropriations Act
Status: 2023-06-16 - Chapter No. 2023-240, companion bill(s) passed, see CS/CS/CS/HB 799 (Ch. 2023-175), CS/CS/SB 240 (Ch. 2023-81), SB 2500 (Ch. 2023-239) [S2502 Detail]
Download: Florida-2023-S2502-Senate_Floor_Conference_Committee_Amendment_500786.html
Bill Title: Implementing the 2023-2024 General Appropriations Act
Status: 2023-06-16 - Chapter No. 2023-240, companion bill(s) passed, see CS/CS/CS/HB 799 (Ch. 2023-175), CS/CS/SB 240 (Ch. 2023-81), SB 2500 (Ch. 2023-239) [S2502 Detail]
Download: Florida-2023-S2502-Senate_Floor_Conference_Committee_Amendment_500786.html
Florida Senate - 2023 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2502
Ì500786BÎ500786
LEGISLATIVE ACTION
Senate . House
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The Conference Committee on SB 2502 recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. It is the intent of the Legislature that the
7 implementing and administering provisions of this act apply to
8 the General Appropriations Act for the 2023-2024 fiscal year.
9 Section 2. In order to implement Specific Appropriations 5,
10 6, 80, and 81 of the 2023-2024 General Appropriations Act, the
11 calculations of the Florida Education Finance Program for the
12 2023-2024 fiscal year included in the document titled “Public
13 School Funding: The Florida Education Finance Program (FEFP)
14 Fiscal Year 2023-2024,” dated May 2, 2023, and filed with the
15 Secretary of the Senate, are incorporated by reference for the
16 purpose of displaying the calculations used by the Legislature,
17 consistent with the requirements of state law, in making
18 appropriations for the Florida Education Finance Program. This
19 section expires July 1, 2024.
20 Section 3. In order to implement Specific Appropriation 59B
21 of the 2023-2024 General Appropriations Act, section 1009.895,
22 Florida Statutes, is amended to read:
23 1009.895 Open Door Grant Program.—
24 (1) ESTABLISHMENT; PURPOSE.—As used in this section, the
25 term:
26 (a) “Cost of the program” means the cost of tuition, fees,
27 examination, books, and materials to a student enrolled in an
28 eligible program.
29 (b) “Department” means the Department of Education.
30 (c) “Institution” means school district postsecondary
31 technical career centers under s. 1001.44, Florida College
32 System institutions under s. 1000.21(3), charter technical
33 career centers under s. 1002.34, and school districts with
34 eligible integrated education and training programs.
35 (d) “Program” means a noncredit industry certification
36 preparation, clock hour career certificate programs, or for
37 credit short-term career and technical education programs that
38 result in the award of credentials identified under s.
39 445.004(4).
40 (e) “Student” means a person who is a resident of this
41 state as determined under s. 1009.21 and is unemployed,
42 underemployed, or furloughed.
43 (2) The Open Door Grant Program is established and shall be
44 administered by participating institutions in accordance with
45 rules of the State Board of Education. The program is created to
46 incentivize for the purpose of:
47 (a) Creating and sustaining a demand-driven supply of
48 credentialed workers for high-demand occupations by addressing
49 and closing the gap between the skills needed by workers in the
50 state and the skills of the available workforce in the state.
51 (b) Expanding the affordability of workforce training and
52 credentialing.
53 (c) Increasing the interest of current and future workers
54 to enroll in short-term, high-demand career and technical
55 education that leads to a credential, credentialing and
56 certificate, or degree programs.
57 (2) ELIGIBILITY.—In order to be eligible for the program, a
58 student must:
59 (a) Meet the requirements under s. 1009.40(1)(a)2. and 3.;
60 (b) Be enrolled in an integrated education and training
61 program in which institutions establish partnerships with local
62 workforce development boards to provide basic skills
63 instruction, contextually and concurrently, with workforce
64 training that results in the award of credentials under s.
65 445.004(4) or a workforce education program as defined under s.
66 1011.80(1)(b)-(f) that is included on the Master Credentials
67 List under s. 445.004(4); and
68 (c) Be enrolled at a school district postsecondary
69 technical career center under s. 1001.44, a Florida College
70 System institution under s. 1000.21(3), or a charter technical
71 career center under s. 1002.34.
72
73 An institution may not impose additional criteria to determine a
74 student’s eligibility to receive a grant under this section.
75 (3) GRANT AWARD.—A student is eligible to receive a maximum
76 award equal to the amount needed to cover 100 percent of tuition
77 and fees, exam or assessment costs, books, and related materials
78 for eligible programs after all other federal and state
79 financial aid is applied. In addition, a student may receive a
80 stipend of up to $1,500, or an amount specified in the General
81 Appropriations Act, per academic year to cover other education
82 expenses related to the institutional cost of attendance. The
83 institution shall make awards and stipends subject to
84 availability of funding. Returning students must be given
85 priority over new students.
86 (4) DISTRIBUTION OF FUNDS.—
87 (a) For the 2023-2024 fiscal year, funding for eligible
88 institutions must consist of a base amount provided for in the
89 General Appropriations Act plus each institution’s proportionate
90 share of full-time equivalent students enrolled in workforce
91 education programs. Beginning in the 2024-2025 fiscal year, the
92 funds appropriated for the Open Door Grant Program must be
93 distributed to eligible institutions in accordance with a
94 formula approved by the State Board of Education. The formula
95 must consider at least the prior year’s distribution of funds
96 and the number of eligible applicants who did not receive
97 awards.
98 (b) Subject to the appropriation of funds by the
99 Legislature, the Department of Education shall transmit payment
100 of grants to the institution in advance of the registration
101 period. Institutions shall notify students of the amount of
102 their awards.
103 (c) The eligibility status of each student to receive a
104 disbursement must be determined by each institution as of the
105 end of its regular registration period, inclusive of a drop-add
106 period. Institutions may not be required to reevaluate a
107 student’s eligibility status after this date for purposes of
108 changing eligibility determinations previously made.
109 (d) Each term, institutions shall certify to the department
110 within 30 days after the end of the regular registration period
111 the amount of funds disbursed to each student. Institutions
112 shall remit to the department any undisbursed advances for the
113 fall, spring, and summer terms within 30 days after the end of
114 the summer term.
115 (5) INSTITUTIONAL REPORTING.—Each institution shall report
116 to the department by the established date:
117 (a) The number of students eligible for the program for
118 each academic term. Each institution shall also report to the
119 department any necessary demographic and eligibility data for
120 students; and
121 (3) The department shall provide grants to institutions on
122 a first-come, first-serve basis for students who enroll in an
123 eligible program. The department shall prioritize funding for
124 integrated education and training programs in which institutions
125 establish partnerships with local workforce development boards
126 to provide basic skills instruction, contextually and
127 concurrently, with workforce training that results in the award
128 of credentials under s. 445.004(4). One-quarter of the
129 appropriated funds must be prioritized to serve students
130 attending rural institutions. No more than one-quarter of the
131 appropriated funds may be disbursed annually to any eligible
132 institution.
133 (4) Subject to the availability of funds:
134 (a) A student who enrolls in an eligible program offered by
135 an institution and who does not receive state or federal
136 financial aid may apply for and be awarded a grant to cover two
137 thirds of the cost of the program, if at the time of enrollment
138 the student pays one-third of the cost of the program and signs
139 an agreement to either complete the program or pay an additional
140 one-third of the cost of the program in the event of
141 noncompletion. The department shall reimburse the institution in
142 an amount equal to one-third of the cost of the program upon a
143 student’s completion of the program. An additional one-third
144 shall be provided upon attainment of a workforce credential or
145 certificate by the student. Grant funds may be used to cover the
146 student’s one-third of the cost of the program for students in
147 integrated education and training programs and students who do
148 not have a high school diploma and meet the requirements
149 established by the department. An institution may cover the
150 student’s one-third of the cost of the program based on student
151 need, as determined by the institution.
152 (b) A student receiving state or federal financial aid who
153 enrolls in an eligible program offered by an institution may
154 apply for and be awarded a grant to cover the unmet need of the
155 cost of the program after the application of all eligible
156 financial aid. Financial aid and grants received by the student
157 shall be credited first to the student’s costs before the award
158 of an open door grant. After a student is enrolled in an
159 eligible program, the department shall award the grant to the
160 institution for the amount of unmet need for the eligible
161 student.
162 (5) The department may not reimburse any institution more
163 than $3,000 per completed workforce training program by an
164 eligible student.
165 (6) The department shall administer the grant and shall
166 carry out the goals and purposes of the grant set forth in
167 subsection (2). In administering the grant, the department
168 shall:
169 (a) Require eligible institutions to provide student
170 specific data.
171 (b) Undertake periodic assessments of the overall success
172 of the grant program and recommend modifications, interventions,
173 and other actions based on such assessments.
174 (c) Establish the procedure by which eligible institutions
175 shall notify the department when eligible students enroll in
176 eligible programs.
177 (d) Require each eligible institution to submit a report
178 with Data from the previous fiscal year on program completion
179 and credential attainment by students participating in the grant
180 program that, at a minimum, includes:
181 1. A list of the programs offered.
182 2. The number of students who enrolled in the programs.
183 3. The number of students who completed the programs.
184 4. The number of students who attained workforce
185 credentials, categorized by credential name and relevant
186 occupation, after completing training programs.
187 5. The average cost per workforce credential attained,
188 categorized by credential name and relevant occupation.
189 (6)(7) REPORTING.—The department shall compile the data
190 provided under paragraph (5)(b) (6)(d) and annually report such
191 aggregate data, in the aggregate and categorize such information
192 by eligible institution, to the State Board of Education. The
193 report shall also include information on the average wage, age,
194 gender, race, ethnicity, veteran status, and other relevant
195 information, of students who have completed workforce training
196 programs categorized by credential name and relevant occupation.
197 (7)(8) RULES.—The State Board of Education shall adopt
198 rules to implement this section.
199 Section 4. The amendments to s. 1009.895, Florida Statutes,
200 made by this act expire July 1, 2024, and the text of that
201 section shall revert to that in existence on June 30, 2023,
202 except that any amendments to such text enacted other than by
203 this act shall be preserved and continue to operate to the
204 extent that such amendments are not dependent upon the portions
205 of text which expire pursuant to this section.
206 Section 5. In order to implement Specific Appropriation 79
207 of the 2023-2024 General Appropriations Act, paragraphs (a) and
208 (f) of subsection (4), subsection (5), and paragraph (e) of
209 subsection (6) of section 1002.68, Florida Statutes, are amended
210 to read:
211 1002.68 Voluntary Prekindergarten Education Program
212 accountability.—
213 (4)(a) Beginning with the 2023-2024 2022-2023 program year,
214 the department shall adopt a methodology for calculating each
215 private prekindergarten provider’s and public school provider’s
216 performance metric, which must be based on a combination of the
217 following:
218 1. Program assessment composite scores under subsection
219 (2), which must be weighted at no less than 50 percent.
220 2. Learning gains operationalized as change-in-ability
221 scores from the initial and final progress monitoring results
222 described in subsection (1).
223 3. Norm-referenced developmental learning outcomes
224 described in subsection (1).
225 (f) The department shall adopt procedures to annually
226 calculate each private prekindergarten provider’s and public
227 school’s performance metric, based on the methodology adopted in
228 paragraphs (a) and (b), and assign a designation under paragraph
229 (d). Beginning with the 2024-2025 2023-2024 program year, each
230 private prekindergarten provider or public school shall be
231 assigned a designation within 45 days after the conclusion of
232 the school-year Voluntary Prekindergarten Education Program
233 delivered by all participating private prekindergarten providers
234 or public schools and within 45 days after the conclusion of the
235 summer Voluntary Prekindergarten Education Program delivered by
236 all participating private prekindergarten providers or public
237 schools.
238 (5)(a) If a public school’s or private prekindergarten
239 provider’s program assessment composite score for its
240 prekindergarten classrooms fails to meet the minimum program
241 assessment composite score for contracting adopted in rule by
242 the department, the private prekindergarten provider or public
243 school may not participate in the Voluntary Prekindergarten
244 Education Program beginning in the consecutive program year and
245 thereafter until the public school or private prekindergarten
246 provider meets the minimum composite score for contracting. A
247 public school or private prekindergarten provider may request
248 one program assessment per program year in order to requalify
249 for participation in the Voluntary Prekindergarten Education
250 Program, provided that the public school or private
251 prekindergarten provider is not excluded from participation
252 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or
253 paragraph (5)(b) of this section. If a public school or private
254 prekindergarten provider would like an additional program
255 assessment completed within the same program year, the public
256 school or private prekindergarten provider shall be responsible
257 for the cost of the program assessment.
258 (b) If a private prekindergarten provider’s or public
259 school’s performance metric or designation falls below the
260 minimum performance metric or designation, the early learning
261 coalition shall:
262 1. Require the provider or school to submit for approval to
263 the early learning coalition an improvement plan and implement
264 the plan.
265 2. Place the provider or school on probation.
266 3. Require the provider or school to take certain
267 corrective actions, including the use of a curriculum approved
268 by the department under s. 1002.67(2)(c) and a staff development
269 plan approved by the department to strengthen instructional
270 practices in emotional support, classroom organization,
271 instructional support, language development, phonological
272 awareness, alphabet knowledge, and mathematical thinking.
273 (b)(c) A private prekindergarten provider or public school
274 that is placed on probation must continue the corrective actions
275 required under paragraph (a) (b) until the provider or school
276 meets the minimum performance metric or designation adopted by
277 the department. Failure to meet the requirements of
278 subparagraphs (a)1. and 3. (b)1. and 3. shall result in the
279 termination of the provider’s or school’s contract to deliver
280 the Voluntary Prekindergarten Education Program for a period of
281 at least 2 years but no more than 5 years.
282 (c)(d) If a private prekindergarten provider or public
283 school remains on probation for 2 consecutive years and fails to
284 meet the minimum performance metric or designation, or is not
285 granted a good cause exemption by the department, the department
286 shall require the early learning coalition to revoke the
287 provider’s eligibility and the school district to revoke the
288 school’s eligibility to deliver the Voluntary Prekindergarten
289 Education Program and receive state funds for the program for a
290 period of at least 2 years but no more than 5 years.
291 (6)
292 (e) A private prekindergarten provider or public school
293 granted a good cause exemption shall continue to implement its
294 improvement plan and continue the corrective actions required
295 under paragraph (5)(a) (5)(b) until the provider or school meets
296 the minimum performance metric.
297 Section 6. The amendments to s. 1002.68(4)(a) and (f), (5),
298 and (6)(e), Florida Statutes, made by this act expire July 1,
299 2024, and the text of those subsections or paragraphs, as
300 applicable, shall revert to that in existence on June 30, 2023,
301 except that any amendments to such text enacted other than by
302 this act shall be preserved and continue to operate to the
303 extent that such amendments are not dependent upon the portions
304 of text which expire pursuant to this section.
305 Section 7. In order to implement Specific Appropriations
306 197 through 223 and 539 of the 2023-2024 General Appropriations
307 Act, and notwithstanding ss. 216.181 and 216.292, Florida
308 Statutes, the Agency for Health Care Administration, in
309 consultation with the Department of Health, may submit a budget
310 amendment, subject to the notice, review, and objection
311 procedures of s. 216.177, Florida Statutes, to realign funding
312 within and between agencies based on implementation of the
313 managed medical assistance component of the Statewide Medicaid
314 Managed Care program for the Children’s Medical Services program
315 of the Department of Health. The funding realignment shall
316 reflect the actual enrollment changes due to the transfer of
317 beneficiaries from fee-for-service to the capitated Children’s
318 Medical Services network. The Agency for Health Care
319 Administration may submit a request for nonoperating budget
320 authority to transfer the federal funds to the Department of
321 Health pursuant to s. 216.181(12), Florida Statutes. This
322 section expires July 1, 2024.
323 Section 8. In order to implement Specific Appropriations
324 197 through 223 of the 2023-2024 General Appropriations Act, and
325 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
326 Agency for Health Care Administration may submit a budget
327 amendment, subject to the notice, review, and objection
328 procedures of s. 216.177, Florida Statutes, to realign funding
329 within the Medicaid program appropriation categories to address
330 projected surpluses and deficits within the program and to
331 maximize the use of state trust funds. A single budget amendment
332 shall be submitted in the last quarter of the 2023-2024 fiscal
333 year only. This section expires July 1, 2024.
334 Section 9. In order to implement Specific Appropriations
335 176 through 181 and 539 of the 2023-2024 General Appropriations
336 Act, and notwithstanding ss. 216.181 and 216.292, Florida
337 Statutes, the Agency for Health Care Administration and the
338 Department of Health may each submit a budget amendment, subject
339 to the notice, review, and objection procedures of s. 216.177,
340 Florida Statutes, to realign funding within the Florida Kidcare
341 program appropriation categories, or to increase budget
342 authority in the Children’s Medical Services network category,
343 to address projected surpluses and deficits within the program
344 or to maximize the use of state trust funds. A single budget
345 amendment must be submitted by each agency in the last quarter
346 of the 2023-2024 fiscal year only. This section expires July 1,
347 2024.
348 Section 10. In order to implement Specific Appropriations
349 490 through 494 of the 2023-2024 General Appropriations Act,
350 subsection (17) of section 381.986, Florida Statutes, is amended
351 to read:
352 381.986 Medical use of marijuana.—
353 (17) Rules adopted pursuant to this section before July 1,
354 2024 2023, are not subject to ss. 120.54(3)(b) and 120.541. This
355 subsection expires July 1, 2024 2023.
356 Section 11. Effective July 1, 2023, upon the expiration and
357 reversion of the amendments made to subsection (1) of section 14
358 of chapter 2017-232, Laws of Florida, pursuant to section 18 of
359 chapter 2022-157, Laws of Florida, and in order to implement
360 Specific Appropriations 490 through 494 of the 2023-2024 General
361 Appropriations Act, subsection (1) of section 14 of chapter
362 2017-232, Laws of Florida, is amended to read:
363 Section 14. Department of Health; authority to adopt rules;
364 cause of action.—
365 (1) EMERGENCY RULEMAKING.—
366 (a) The Department of Health and the applicable boards
367 shall adopt emergency rules pursuant to s. 120.54(4), Florida
368 Statutes, and this section necessary to implement s. 381.986 ss.
369 381.986 and 381.988, Florida Statutes. If an emergency rule
370 adopted under this section is held to be unconstitutional or an
371 invalid exercise of delegated legislative authority, and becomes
372 void, the department or the applicable boards may adopt an
373 emergency rule pursuant to this section to replace the rule that
374 has become void. If the emergency rule adopted to replace the
375 void emergency rule is also held to be unconstitutional or an
376 invalid exercise of delegated legislative authority and becomes
377 void, the department and the applicable boards must follow the
378 nonemergency rulemaking procedures of the Administrative
379 Procedures Act to replace the rule that has become void.
380 (b) For emergency rules adopted under this section, the
381 department and the applicable boards need not make the findings
382 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
383 adopted under this section are exempt from ss. 120.54(3)(b) and
384 120.541, Florida Statutes. The department and the applicable
385 boards shall meet the procedural requirements in s. 120.54(4)(a)
386 s. 120.54(a), Florida Statutes, if the department or the
387 applicable boards have, before July 1, 2019 the effective date
388 of this act, held any public workshops or hearings on the
389 subject matter of the emergency rules adopted under this
390 subsection. Challenges to emergency rules adopted under this
391 subsection are subject to the time schedules provided in s.
392 120.56(5), Florida Statutes.
393 (c) Emergency rules adopted under this section are exempt
394 from s. 120.54(4)(c), Florida Statutes, and shall remain in
395 effect until replaced by rules adopted under the nonemergency
396 rulemaking procedures of the Administrative Procedures Act.
397 Rules adopted under the nonemergency rulemaking procedures of
398 the Administrative Procedures Act to replace emergency rules
399 adopted under this section are exempt from ss. 120.54(3)(b) and
400 120.541, Florida Statutes. By July 1, 2024 January 1, 2018, the
401 department and the applicable boards shall initiate nonemergency
402 rulemaking pursuant to the Administrative Procedures Act to
403 replace all emergency rules adopted under this section by
404 publishing a notice of rule development in the Florida
405 Administrative Register. Except as provided in paragraph (a),
406 after July 1, 2024 January 1, 2018, the department and
407 applicable boards may not adopt rules pursuant to the emergency
408 rulemaking procedures provided in this section.
409 Section 12. The amendments to subsection (1) of section 14
410 of chapter 2017-232, Laws of Florida, made by this act expire
411 July 1, 2024, and the text of that subsection shall revert to
412 that in existence on June 30, 2019, except that any amendments
413 to such text enacted other than by this act shall be preserved
414 and continue to operate to the extent that such amendments are
415 not dependent upon the portions of text which expire pursuant to
416 this section.
417 Section 13. In order to implement Specific Appropriations
418 202, 203, 206, and 210 of the 2023-2024 General Appropriations
419 Act, the Agency for Health Care Administration may submit a
420 budget amendment pursuant to chapter 216, Florida Statutes,
421 requesting additional spending authority to implement the
422 federally approved Directed Payment Program for hospitals
423 statewide providing inpatient and outpatient services to
424 Medicaid managed care enrollees, the Indirect Medical Education
425 (IME) Program, and a nursing workforce expansion and education
426 program for certain institutions participating in a graduate
427 medical education or nursing education program. For institutions
428 participating in the nursing workforce expansion and education
429 program, the budget amendment must identify the educational
430 institutions partnering with the teaching hospital. Institutions
431 participating in the nursing workforce expansion and education
432 program shall provide quarterly reports to the agency detailing
433 the number of nurses participating in the program. This section
434 expires July 1, 2024.
435 Section 14. In order to implement Specific Appropriations
436 203, 206, and 210 of the 2023-2024 General Appropriations Act,
437 the Agency for Health Care Administration may submit a budget
438 amendment pursuant to chapter 216, Florida Statutes, requesting
439 additional spending authority to implement the federally
440 approved Directed Payment Program and fee-for-service
441 supplemental payments for cancer hospitals that meet the
442 criteria in 42 U.S.C. s. 1395ww(d)(1)(B)(v). Notwithstanding s.
443 409.908(1)(a), Florida Statutes, the executed Letters of
444 Agreement for Fiscal Year 2022-2023 that support the Grants and
445 Donations Trust Fund appropriation that provides a minimum fee
446 schedule calculated as a supplemental per member per month
447 payment through prepaid health plans for services provided by
448 qualifying Florida cancer hospitals that meet the criteria in 42
449 U.S.C. s. 1395ww(d)(1)(B)(v) shall remain in effect until the
450 federal Centers for Medicare and Medicaid Services approves the
451 expenditure of such funds and the funds are transferred to the
452 Agency for Health Care Administration. The intergovernmental
453 transfer amounts in the Letters of Agreement may be modified in
454 accordance with the prevailing federal medical assistance
455 matching percent at the time payments are made. This section
456 expires July 1, 2024.
457 Section 15. In order to implement Specific Appropriations
458 197 through 223 of the 2023-2024 General Appropriations Act, the
459 Agency for Health Care Administration may submit a budget
460 amendment, subject to the notice, review, and objection
461 procedures of s. 216.177, Florida Statutes, to provide spending
462 authority to implement the Low Income Pool component of the
463 Florida Managed Medical Assistance Demonstration up to the total
464 computable funds authorized by the federal Centers for Medicare
465 and Medicaid Services. The budget amendment must include the
466 final terms and conditions of the Low Income Pool, a proposed
467 distribution model by entity, and a listing of entities
468 contributing intergovernmental transfers to support the state
469 match required. In addition, for each entity included in the
470 distribution model, a signed attestation must be provided that
471 includes the charity care cost upon which the Low Income Pool
472 payment is based and an acknowledgment that should the
473 distribution result in an overpayment based on the Low Income
474 Pool cost limit audit, the entity is responsible for returning
475 that overpayment to the agency for return to the federal Centers
476 for Medicare and Medicaid Services. This section expires July 1,
477 2024.
478 Section 16. In order to implement Specific Appropriations
479 209 and 210 of the 2023-2024 General Appropriations Act, the
480 Agency for Health Care Administration may submit a budget
481 amendment pursuant to chapter 216, Florida Statutes, requesting
482 additional spending authority to implement fee-for-service
483 supplemental payments and a directed payment program for
484 physicians and subordinate licensed health care practitioners
485 employed by or under contract with a Florida medical or dental
486 school, or a public hospital. Notwithstanding s. 409.908(1)(a),
487 Florida Statutes, the executed Letters of Agreement for Fiscal
488 Year 2022-2023 that support the Grants and Donations Trust Fund
489 appropriation that provides a differential fee schedule paid as
490 supplemental payments or a minimum fee schedule calculated as
491 supplemental per member per month payment through prepaid health
492 plans for services provided by doctors of medicine, osteopathy,
493 and dentistry as well as other licensed health care
494 practitioners acting under the supervision of those doctors
495 pursuant to existing statutes and written protocols employed by
496 or under contract with a medical or dental school or a public
497 hospital in Florida shall remain in effect until the federal
498 Centers for Medicare and Medicaid Services approves the
499 expenditure of such funds and the funds are transferred to the
500 Agency for Health Care Administration. The intergovernmental
501 transfer amounts in the Letters of Agreement may be modified in
502 accordance with the prevailing federal medical assistance
503 matching percent at the time payments are made. This section
504 expires July 1, 2024.
505 Section 17. In order to implement Specific Appropriations
506 207, 210, and 221 of the 2023-2024 General Appropriations Act,
507 the Agency for Health Care Administration may submit a budget
508 amendment pursuant to chapter 216, Florida Statutes, requesting
509 additional spending authority to implement a certified
510 expenditure program for emergency medical transportation
511 services. This section expires July 1, 2024.
512 Section 18. In order to implement Specific Appropriations
513 328, 330, 361, and 362 of the 2023-2024 General Appropriations
514 Act, and notwithstanding ss. 216.181 and 216.292, Florida
515 Statutes, the Department of Children and Families may submit a
516 budget amendment, subject to the notice, review, and objection
517 procedures of s. 216.177, Florida Statutes, to realign funding
518 within the department based on the implementation of the
519 Guardianship Assistance Program, between the specific
520 appropriations for guardianship assistance payments, foster care
521 Level 1 room and board payments, relative caregiver payments,
522 and nonrelative caregiver payments. This section expires July 1,
523 2024.
524 Section 19. In order to implement Specific Appropriations
525 197 through 199, 203, 206, 207, 209 through 211, 355, 365, 482,
526 499 through 501, 507, and 511 of the 2023-2024 General
527 Appropriations Act, and notwithstanding ss. 216.181 and 216.292,
528 Florida Statutes, the Department of Children and Families,
529 Department of Health, and Agency for Health Care Administration
530 may submit budget amendments, subject to the notice, review, and
531 objection procedures of s. 216.177, Florida Statutes, to
532 increase budget authority to support refugee programs
533 administered by the federal Office of Refugee Resettlement due
534 to the ongoing instability of federal immigration policy and the
535 resulting inability of the state to reasonably predict, with
536 certainty, the budgetary need of this state with respect to the
537 number of refugees relocated to the state as part of those
538 federal programs. The Department of Children and Families shall
539 submit quarterly reports to the Executive Office of the
540 Governor, the President of the Senate, and the Speaker of the
541 House of Representatives on the number of refugees entering the
542 state, the nations of origin of such refugees, and current
543 expenditure projections. This section expires July 1, 2024.
544 Section 20. In order to implement Specific Appropriations
545 358 through 360, 372 through 378, and 383 through 387 of the
546 2023-2024 General Appropriations Act, and notwithstanding ss.
547 216.181 and 216.292, Florida Statutes, the Department of
548 Children and Families may submit budget amendments, subject to
549 the notice, review, and objection procedures of s. 216.177,
550 Florida Statutes, to increase budget authority to support the
551 following federal grant programs: the Supplemental Nutrition
552 Assistance Grant Program, the Pandemic Electronic Benefit
553 Transfer, the American Rescue Plan Grant, the State Opioid
554 Response Grant, the Substance Abuse Prevention and Treatment
555 Block Grant, and the Mental Health Block Grant. This section
556 expires July 1, 2024.
557 Section 21. In order to implement Specific Appropriations
558 469 and 471 of the 2023-2024 General Appropriations Act, and
559 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
560 Department of Health may submit a budget amendment, subject to
561 the notice, review, and objection procedures of s. 216.177,
562 Florida Statutes, to increase budget authority for the
563 Supplemental Nutrition Program for Women, Infants, and Children
564 (WIC) and the Child Care Food Program if additional federal
565 revenues will be expended in the 2023-2024 fiscal year. This
566 section expires July 1, 2024.
567 Section 22. In order to implement Specific Appropriations
568 478 and 523 of the 2023-2024 General Appropriations Act, and
569 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
570 Department of Health may submit a budget amendment, subject to
571 the notice, review, and objection procedures of s. 216.177,
572 Florida Statutes, to increase budget authority for the HIV/AIDS
573 Prevention and Treatment Program if additional federal revenues
574 specific to HIV/AIDS prevention and treatment become available
575 in the 2023-2024 fiscal year. This section expires July 1, 2024.
576 Section 23. In order to implement Specific Appropriations
577 432 through 567 of the 2023-2024 General Appropriations Act, and
578 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
579 Department of Health may submit a budget amendment, subject to
580 the notice, review, and objection procedures of s. 216.177,
581 Florida Statutes, to increase budget authority for the
582 department if additional federal revenues specific to COVID-19
583 relief funds become available in the 2023-2024 fiscal year. This
584 section expires July 1, 2024.
585 Section 24. In order to implement Specific Appropriations
586 191 and 192A through 192E of the 2023-2024 General
587 Appropriations Act:
588 (1) The Agency for Health Care Administration shall replace
589 the current Florida Medicaid Management Information System
590 (FMMIS) and fiscal agent operations with a system that is
591 modular, interoperable, and scalable for the Florida Medicaid
592 program that complies with all applicable federal and state laws
593 and requirements. The agency may not include in the project to
594 replace the current FMMIS and fiscal agent contract:
595 (a) Functionality that duplicates any of the information
596 systems of the other health and human services state agencies;
597 (b) Procurement for agency requirements external to
598 Medicaid programs with the intent to leverage the Medicaid
599 technology infrastructure for other purposes without legislative
600 appropriation or legislative authorization to procure these
601 requirements. The new system, the Florida Health Care Connection
602 (FX) system, must provide better integration with subsystems
603 supporting Florida’s Medicaid program; uniformity, consistency,
604 and improved access to data; and compatibility with the Centers
605 for Medicare and Medicaid Services’ Medicaid Information
606 Technology Architecture (MITA) as the system matures and expands
607 its functionality; or
608 (c) Any contract executed after July 1, 2022, not including
609 staff augmentation services purchased off the Department of
610 Management Services Information Technology staff augmentation
611 state term contract that are not deliverables based fixed price
612 contracts.
613 (2) For purposes of replacing FMMIS and the current
614 Medicaid fiscal agent, the Agency for Health Care Administration
615 shall:
616 (a) Prioritize procurements for the replacement of the
617 current functions of FMMIS and the responsibilities of the
618 current Medicaid fiscal agent, to minimize the need to extend
619 all or portions of the current fiscal agent contract.
620 (b) Comply with and not exceed the Centers for Medicare and
621 Medicaid Services funding authorizations for the FX system.
622 (c) Ensure compliance and uniformity with the published
623 MITA framework and guidelines.
624 (d) Ensure that all business requirements and technical
625 specifications have been provided to all affected state agencies
626 for their review and input and approved by the executive
627 steering committee established in paragraph (g).
628 (e) Consult with the Executive Office of the Governor’s
629 working group for interagency information technology integration
630 for the development of competitive solicitations that provide
631 for data interoperability and shared information technology
632 services across the state’s health and human services agencies.
633 (f) Implement a data governance structure for the project
634 to coordinate data sharing and interoperability across state
635 health care entities.
636 (g) Implement a project governance structure that includes
637 an executive steering committee composed of:
638 1. The Secretary of Health Care Administration, or the
639 executive sponsor of the project.
640 2. A representative of the Division of Health Care Finance
641 and Data of the Agency for Health Care Administration, appointed
642 by the Secretary of Health Care Administration.
643 3. Two representatives from the Division of Medicaid
644 Policy, Quality, and Operations of the Agency for Health Care
645 Administration, appointed by the Secretary of Health Care
646 Administration.
647 4. A representative of the Division of Health Care Policy
648 and Oversight of the Agency for Health Care Administration,
649 appointed by the Secretary of Health Care Administration.
650 5. A representative of the Florida Center for Health
651 Information and Transparency of the Agency for Health Care
652 Administration, appointed by the Secretary of Health Care
653 Administration.
654 6. The Chief Information Officer of the Agency for Health
655 Care Administration, or his or her designee.
656 7. The state chief information officer, or his or her
657 designee.
658 8. Two representatives of the Department of Children and
659 Families, appointed by the Secretary of Children and Families.
660 9. A representative of the Department of Health, appointed
661 by the State Surgeon General.
662 10. A representative of the Agency for Persons with
663 Disabilities, appointed by the director of the Agency for
664 Persons with Disabilities.
665 11. A representative from the Florida Healthy Kids
666 Corporation.
667 12. A representative from the Department of Elderly
668 Affairs, appointed by the Secretary of Elderly Affairs.
669 13. A representative of the Department of Financial
670 Services who has experience with the state’s financial
671 processes, including development of the PALM system, appointed
672 by the Chief Financial Officer.
673 (3) The Secretary of Health Care Administration or the
674 executive sponsor of the project shall serve as chair of the
675 executive steering committee, and the committee shall take
676 action by a vote of at least 10 affirmative votes with the chair
677 voting on the prevailing side. A quorum of the executive
678 steering committee consists of at least 11 members.
679 (4) The executive steering committee has the overall
680 responsibility for ensuring that the project to replace FMMIS
681 and the Medicaid fiscal agent meets its primary business
682 objectives and shall:
683 (a) Identify and recommend to the Executive Office of the
684 Governor, the President of the Senate, and the Speaker of the
685 House of Representatives any statutory changes needed to
686 implement the modular replacement to standardize, to the fullest
687 extent possible, the state’s health care data and business
688 processes.
689 (b) Review and approve any changes to the project’s scope,
690 schedule, and budget which do not conflict with the requirements
691 of subsections (1) and (2).
692 (c) Ensure that adequate resources are provided throughout
693 all phases of the project.
694 (d) Approve all major project deliverables.
695 (e) Review and verify that all procurement and contractual
696 documents associated with the replacement of the current FMMIS
697 and Medicaid fiscal agent align with the scope, schedule, and
698 anticipated budget for the project.
699 (5) This section expires July 1, 2024.
700 Section 25. In order to implement Specific Appropriations
701 210, 211, 265, 277, 340, 501, and 523 of the 2023-2024 General
702 Appropriations Act, the Agency for Health Care Administration,
703 in consultation with the Department of Health, the Agency for
704 Persons with Disabilities, the Department of Children and
705 Families, and the Department of Corrections, shall competitively
706 procure a contract with a vendor to negotiate, for these
707 agencies, prices for prescribed drugs and biological products
708 excluded from the programs established under s. 381.02035,
709 Florida Statutes, and ineligible under 21 U.S.C. s. 384,
710 including, but not limited to, insulin and epinephrine. The
711 contract may allow the vendor to directly purchase these
712 products for participating agencies when feasible and
713 advantageous. The contracted vendor will be compensated on a
714 contingency basis, paid from a portion of the savings achieved
715 by its price negotiation or purchase of the prescription drugs
716 and products. This section expires July 1, 2024.
717 Section 26. In order to implement Specific Appropriations
718 256, 263, 264, 275, and 276 of the 2023-2024 General
719 Appropriations Act, and notwithstanding ss. 216.181 and 216.292,
720 Florida Statutes, the Agency for Persons with Disabilities may
721 submit budget amendments, subject to the notice, review, and
722 objection procedures of s. 216.177, Florida Statutes, to
723 transfer funding from the Salaries and Benefits appropriation
724 categories to categories used for contractual services in order
725 to support additional staff augmentation resources needed at the
726 Developmental Disability Centers. This section expires July 1,
727 2024.
728 Section 27. In order to implement Specific Appropriation
729 210 of the 2023-2024 General Appropriations Act, subsection (1)
730 of section 409.915, Florida Statutes, is amended to read:
731 409.915 County contributions to Medicaid.—Although the
732 state is responsible for the full portion of the state share of
733 the matching funds required for the Medicaid program, the state
734 shall charge the counties an annual contribution in order to
735 acquire a certain portion of these funds.
736 (1)(a) As used in this section, the term “state Medicaid
737 expenditures” means those expenditures used as matching funds
738 for the federal Medicaid program.
739 (b) The term does not include funds specially assessed by
740 any local governmental entity and used as the nonfederal share
741 for the hospital directed payment program after July 1, 2021.
742 This paragraph expires July 1, 2024.
743 Section 28. In order to implement Specific Appropriations
744 598 through 705 and 718 through 753 of the 2023-2024 General
745 Appropriations Act, subsection (4) of section 216.262, Florida
746 Statutes, is amended to read:
747 216.262 Authorized positions.—
748 (4) Notwithstanding the provisions of this chapter relating
749 to increasing the number of authorized positions, and for the
750 2023-2024 2022-2023 fiscal year only, if the actual inmate
751 population of the Department of Corrections exceeds the inmate
752 population projections of the February 13, 2023 January 13,
753 2022, Criminal Justice Estimating Conference by 1 percent for 2
754 consecutive months or 2 percent for any month, the Executive
755 Office of the Governor, with the approval of the Legislative
756 Budget Commission, shall immediately notify the Criminal Justice
757 Estimating Conference, which shall convene as soon as possible
758 to revise the estimates. The Department of Corrections may then
759 submit a budget amendment requesting the establishment of
760 positions in excess of the number authorized by the Legislature
761 and additional appropriations from unallocated general revenue
762 sufficient to provide for essential staff, fixed capital
763 improvements, and other resources to provide classification,
764 security, food services, health services, and other variable
765 expenses within the institutions to accommodate the estimated
766 increase in the inmate population. All actions taken pursuant to
767 this subsection are subject to review and approval by the
768 Legislative Budget Commission. This subsection expires July 1,
769 2024 2023.
770 Section 29. In order to implement Specific Appropriations
771 3271 through 3337 of the 2023-2024 General Appropriations Act,
772 subsection (2) of section 215.18, Florida Statutes, is amended
773 to read:
774 215.18 Transfers between funds; limitation.—
775 (2) The Chief Justice of the Supreme Court may receive one
776 or more trust fund loans to ensure that the state court system
777 has funds sufficient to meet its appropriations in the 2023-2024
778 2022-2023 General Appropriations Act. If the Chief Justice
779 accesses the loan, he or she must notify the Governor and the
780 chairs of the legislative appropriations committees in writing.
781 The loan must come from other funds in the State Treasury which
782 are for the time being or otherwise in excess of the amounts
783 necessary to meet the just requirements of such last-mentioned
784 funds. The Governor shall order the transfer of funds within 5
785 days after the written notification from the Chief Justice. If
786 the Governor does not order the transfer, the Chief Financial
787 Officer shall transfer the requested funds. The loan of funds
788 from which any money is temporarily transferred must be repaid
789 by the end of the 2023-2024 2022-2023 fiscal year. This
790 subsection expires July 1, 2024 2023.
791 Section 30. In order to implement Specific Appropriations
792 1132 through 1143 of the 2023-2024 General Appropriations Act:
793 (1) The Department of Juvenile Justice is required to
794 review county juvenile detention payments to ensure that
795 counties fulfill their financial responsibilities required in s.
796 985.6865, Florida Statutes. If the Department of Juvenile
797 Justice determines that a county has not met its obligations,
798 the department shall direct the Department of Revenue to deduct
799 the amount owed to the Department of Juvenile Justice from the
800 funds provided to the county under s. 218.23, Florida Statutes.
801 The Department of Revenue shall transfer the funds withheld to
802 the Shared County/State Juvenile Detention Trust Fund.
803 (2) As an assurance to holders of bonds issued by counties
804 before July 1, 2023, for which distributions made pursuant to s.
805 218.23, Florida Statutes, are pledged, or bonds issued to refund
806 such bonds which mature no later than the bonds they refunded
807 and which result in a reduction of debt service payable in each
808 fiscal year, the amount available for distribution to a county
809 shall remain as provided by law and continue to be subject to
810 any lien or claim on behalf of the bondholders. The Department
811 of Revenue must ensure, based on information provided by an
812 affected county, that any reduction in amounts distributed
813 pursuant to subsection (1) does not reduce the amount of
814 distribution to a county below the amount necessary for the
815 timely payment of principal and interest when due on the bonds
816 and the amount necessary to comply with any covenant under the
817 bond resolution or other documents relating to the issuance of
818 the bonds. If a reduction to a county’s monthly distribution
819 must be decreased in order to comply with this section, the
820 Department of Revenue must notify the Department of Juvenile
821 Justice of the amount of the decrease, and the Department of
822 Juvenile Justice must send a bill for payment of such amount to
823 the affected county.
824
825 This section expires July 1, 2024.
826 Section 31. In order to implement Specific Appropriations
827 763 through 784, 932 through 1075, and 1096 through 1131 of the
828 2023-2024 General Appropriations Act, and notwithstanding the
829 expiration date in section 36 of chapter 2022-157, Laws of
830 Florida, subsection (1), paragraph (a) of subsection (2),
831 paragraph (a) of subsection (3), and subsections (5), (6), and
832 (7) of section 27.40, Florida Statutes, are reenacted to read:
833 27.40 Court-appointed counsel; circuit registries; minimum
834 requirements; appointment by court.—
835 (1) Counsel shall be appointed to represent any individual
836 in a criminal or civil proceeding entitled to court-appointed
837 counsel under the Federal or State Constitution or as authorized
838 by general law. The court shall appoint a public defender to
839 represent indigent persons as authorized in s. 27.51. The office
840 of criminal conflict and civil regional counsel shall be
841 appointed to represent persons in those cases in which provision
842 is made for court-appointed counsel, but only after the public
843 defender has certified to the court in writing that the public
844 defender is unable to provide representation due to a conflict
845 of interest or is not authorized to provide representation. The
846 public defender shall report, in the aggregate, the specific
847 basis of all conflicts of interest certified to the court. On a
848 quarterly basis, the public defender shall submit this
849 information to the Justice Administrative Commission.
850 (2)(a) Private counsel shall be appointed to represent
851 persons in those cases in which provision is made for court
852 appointed counsel but only after the office of criminal conflict
853 and civil regional counsel has been appointed and has certified
854 to the court in writing that the criminal conflict and civil
855 regional counsel is unable to provide representation due to a
856 conflict of interest. The criminal conflict and civil regional
857 counsel shall report, in the aggregate, the specific basis of
858 all conflicts of interest certified to the court. On a quarterly
859 basis, the criminal conflict and civil regional counsel shall
860 submit this information to the Justice Administrative
861 Commission.
862 (3) In using a registry:
863 (a) The chief judge of the circuit shall compile a list of
864 attorneys in private practice, by county and by category of
865 cases, and provide the list to the clerk of court in each
866 county. The chief judge of the circuit may restrict the number
867 of attorneys on the general registry list. To be included on a
868 registry, an attorney must certify that he or she:
869 1. Meets any minimum requirements established by the chief
870 judge and by general law for court appointment;
871 2. Is available to represent indigent defendants in cases
872 requiring court appointment of private counsel; and
873 3. Is willing to abide by the terms of the contract for
874 services, s. 27.5304, and this section.
875
876 To be included on a registry, an attorney must enter into a
877 contract for services with the Justice Administrative
878 Commission. Failure to comply with the terms of the contract for
879 services may result in termination of the contract and removal
880 from the registry. Each attorney on the registry is responsible
881 for notifying the clerk of the court and the Justice
882 Administrative Commission of any change in his or her status.
883 Failure to comply with this requirement is cause for termination
884 of the contract for services and removal from the registry until
885 the requirement is fulfilled.
886 (5) The Justice Administrative Commission shall approve
887 uniform contract forms for use in procuring the services of
888 private court-appointed counsel and uniform procedures and forms
889 for use by a court-appointed attorney in support of billing for
890 attorney’s fees, costs, and related expenses to demonstrate the
891 attorney’s completion of specified duties. Such uniform
892 contracts and forms for use in billing must be consistent with
893 s. 27.5304, s. 216.311, and the General Appropriations Act and
894 must contain the following statement: “The State of Florida’s
895 performance and obligation to pay under this contract is
896 contingent upon an annual appropriation by the Legislature.”
897 (6) After court appointment, the attorney must immediately
898 file a notice of appearance with the court indicating acceptance
899 of the appointment to represent the defendant and of the terms
900 of the uniform contract as specified in subsection (5).
901 (7)(a) A private attorney appointed by the court from the
902 registry to represent a client is entitled to payment as
903 provided in s. 27.5304 so long as the requirements of subsection
904 (1) and paragraph (2)(a) are met. An attorney appointed by the
905 court who is not on the registry list may be compensated under
906 s. 27.5304 only if the court finds in the order of appointment
907 that there were no registry attorneys available for
908 representation for that case and only if the requirements of
909 subsection (1) and paragraph (2)(a) are met.
910 (b)1. The flat fee established in s. 27.5304 and the
911 General Appropriations Act shall be presumed by the court to be
912 sufficient compensation. The attorney shall maintain appropriate
913 documentation, including contemporaneous and detailed hourly
914 accounting of time spent representing the client. If the
915 attorney fails to maintain such contemporaneous and detailed
916 hourly records, the attorney waives the right to seek
917 compensation in excess of the flat fee established in s. 27.5304
918 and the General Appropriations Act. These records and documents
919 are subject to review by the Justice Administrative Commission
920 and audit by the Auditor General, subject to the attorney-client
921 privilege and work-product privilege. The attorney shall
922 maintain the records and documents in a manner that enables the
923 attorney to redact any information subject to a privilege in
924 order to facilitate the commission’s review of the records and
925 documents and not to impede such review. The attorney may redact
926 information from the records and documents only to the extent
927 necessary to comply with the privilege. The Justice
928 Administrative Commission shall review such records and shall
929 contemporaneously document such review before authorizing
930 payment to an attorney. Objections by or on behalf of the
931 Justice Administrative Commission to records or documents or to
932 claims for payment by the attorney shall be presumed correct by
933 the court unless the court determines, in writing, that
934 competent and substantial evidence exists to justify overcoming
935 the presumption.
936 2. If an attorney fails, refuses, or declines to permit the
937 commission or the Auditor General to review documentation for a
938 case as provided in this paragraph, the attorney waives the
939 right to seek, and the commission may not pay, compensation in
940 excess of the flat fee established in s. 27.5304 and the General
941 Appropriations Act for that case.
942 3. A finding by the commission that an attorney has waived
943 the right to seek compensation in excess of the flat fee
944 established in s. 27.5304 and the General Appropriations Act, as
945 provided in this paragraph, shall be presumed to be correct,
946 unless the court determines, in writing, that competent and
947 substantial evidence exists to justify overcoming the
948 presumption.
949 Section 32. The text of s. 27.40(1), (2)(a), (3)(a), (5),
950 (6), and (7), Florida Statutes, as carried forward from chapter
951 2019-116, Laws of Florida, by this act, expires July 1, 2024,
952 and the text of those subsections and paragraphs, as applicable,
953 shall revert to that in existence on June 30, 2019, except that
954 any amendments to such text enacted other than by this act shall
955 be preserved and continue to operate to the extent that such
956 amendments are not dependent upon the portions of text which
957 expire pursuant to this section.
958 Section 33. In order to implement Specific Appropriations
959 763 through 784, 932 through 1075, and 1096 through 1131 of the
960 2023-2024 General Appropriations Act, and notwithstanding the
961 expiration date in section 38 of chapter 2022-157, Laws of
962 Florida, subsections (6) and (13) of section 27.5304, Florida
963 Statutes, are reenacted and amended, and subsections (1), (3),
964 (7), and (11), and paragraphs (a) through (e) of subsection (12)
965 of that section are reenacted, to read:
966 27.5304 Private court-appointed counsel; compensation;
967 notice.—
968 (1) Private court-appointed counsel appointed in the manner
969 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
970 Justice Administrative Commission only as provided in this
971 section and the General Appropriations Act. The flat fees
972 prescribed in this section are limitations on compensation. The
973 specific flat fee amounts for compensation shall be established
974 annually in the General Appropriations Act. The attorney also
975 shall be reimbursed for reasonable and necessary expenses in
976 accordance with s. 29.007. If the attorney is representing a
977 defendant charged with more than one offense in the same case,
978 the attorney shall be compensated at the rate provided for the
979 most serious offense for which he or she represented the
980 defendant. This section does not allow stacking of the fee
981 limits established by this section.
982 (3) The court retains primary authority and responsibility
983 for determining the reasonableness of all billings for attorney
984 fees, costs, and related expenses, subject to statutory
985 limitations and the requirements of s. 27.40(7). Private court
986 appointed counsel is entitled to compensation upon final
987 disposition of a case.
988 (6) For compensation for representation pursuant to a court
989 appointment in a proceeding under chapter 39:
990 (a) At the trial level, compensation for representation for
991 dependency proceedings shall not exceed $1,450 $1,000 for the
992 first year following the date of appointment and shall not
993 exceed $700 $200 each year thereafter. Compensation shall be
994 paid based upon representation of a parent irrespective of the
995 number of case numbers that may be assigned or the number of
996 children involved, including any children born during the
997 pendency of the proceeding. Any appeal, except for an appeal
998 from an adjudication of dependency, shall be completed by the
999 trial attorney and is considered compensated by the flat fee for
1000 dependency proceedings.
1001 1. Counsel may bill the flat fee not exceeding $1,450
1002 $1,000 following disposition or upon dismissal of the petition.
1003 2. Counsel may bill the annual flat fee not exceeding $700
1004 $200 following the first judicial review in the second year
1005 following the date of appointment and each year thereafter as
1006 long as the case remains under protective supervision.
1007 3. If the court grants a motion to reactivate protective
1008 supervision, the attorney shall receive the annual flat fee not
1009 exceeding $700 $200 following the first judicial review and up
1010 to an additional $700 $200 each year thereafter.
1011 4. If, during the course of dependency proceedings, a
1012 proceeding to terminate parental rights is initiated,
1013 compensation shall be as set forth in paragraph (b). If counsel
1014 handling the dependency proceeding is not authorized to handle
1015 proceedings to terminate parental rights, the counsel must
1016 withdraw and new counsel must be appointed.
1017 (b) At the trial level, compensation for representation in
1018 termination of parental rights proceedings shall not exceed
1019 $1,800 $1,000 for the first year following the date of
1020 appointment and shall not exceed $700 $200 each year thereafter.
1021 Compensation shall be paid based upon representation of a parent
1022 irrespective of the number of case numbers that may be assigned
1023 or the number of children involved, including any children born
1024 during the pendency of the proceeding. Any appeal, except for an
1025 appeal from an order granting or denying termination of parental
1026 rights, shall be completed by trial counsel and is considered
1027 compensated by the flat fee for termination of parental rights
1028 proceedings. If the individual has dependency proceedings
1029 ongoing as to other children, those proceedings are considered
1030 part of the termination of parental rights proceedings as long
1031 as that termination of parental rights proceeding is ongoing.
1032 1. Counsel may bill the flat fee not exceeding $1,800
1033 $1,000 30 days after rendition of the final order. Each request
1034 for payment submitted to the Justice Administrative Commission
1035 must include the trial counsel’s certification that:
1036 a. Counsel discussed grounds for appeal with the parent or
1037 that counsel attempted and was unable to contact the parent; and
1038 b. No appeal will be filed or that a notice of appeal and a
1039 motion for appointment of appellate counsel, containing the
1040 signature of the parent, have been filed.
1041 2. Counsel may bill the annual flat fee not exceeding $700
1042 $200 following the first judicial review in the second year
1043 after the date of appointment and each year thereafter as long
1044 as the termination of parental rights proceedings are still
1045 ongoing.
1046 (c) For appeals from an adjudication of dependency,
1047 compensation may not exceed $1,800 $1,000.
1048 1. Counsel may bill a flat fee not exceeding $1,200 $750
1049 upon filing the initial brief or the granting of a motion to
1050 withdraw.
1051 2. If a brief is filed, counsel may bill an additional flat
1052 fee not exceeding $600 $250 upon rendition of the mandate.
1053 (d) For an appeal from an adjudication of termination of
1054 parental rights, compensation may not exceed $3,500 $2,000.
1055 1. Counsel may bill a flat fee not exceeding $1,750 $1,000
1056 upon filing the initial brief or the granting of a motion to
1057 withdraw.
1058 2. If a brief is filed, counsel may bill an additional flat
1059 fee not exceeding $1,750 $1,000 upon rendition of the mandate.
1060 (7) Counsel eligible to receive compensation from the state
1061 for representation pursuant to court appointment made in
1062 accordance with the requirements of s. 27.40(1) and (2)(a) in a
1063 proceeding under chapter 384, chapter 390, chapter 392, chapter
1064 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
1065 744, or chapter 984 shall receive compensation not to exceed the
1066 limits prescribed in the General Appropriations Act. Any such
1067 compensation must be determined as provided in s. 27.40(7).
1068 (11) It is the intent of the Legislature that the flat fees
1069 prescribed under this section and the General Appropriations Act
1070 comprise the full and complete compensation for private court
1071 appointed counsel. It is further the intent of the Legislature
1072 that the fees in this section are prescribed for the purpose of
1073 providing counsel with notice of the limit on the amount of
1074 compensation for representation in particular proceedings and
1075 the sole procedure and requirements for obtaining payment for
1076 the same.
1077 (a) If court-appointed counsel moves to withdraw prior to
1078 the full performance of his or her duties through the completion
1079 of the case, the court shall presume that the attorney is not
1080 entitled to the payment of the full flat fee established under
1081 this section and the General Appropriations Act.
1082 (b) If court-appointed counsel is allowed to withdraw from
1083 representation prior to the full performance of his or her
1084 duties through the completion of the case and the court appoints
1085 a subsequent attorney, the total compensation for the initial
1086 and any and all subsequent attorneys may not exceed the flat fee
1087 established under this section and the General Appropriations
1088 Act, except as provided in subsection (12).
1089
1090 This subsection constitutes notice to any subsequently appointed
1091 attorney that he or she will not be compensated the full flat
1092 fee.
1093 (12) The Legislature recognizes that on rare occasions an
1094 attorney may receive a case that requires extraordinary and
1095 unusual effort.
1096 (a) If counsel seeks compensation that exceeds the limits
1097 prescribed by law, he or she must file a motion with the chief
1098 judge for an order approving payment of attorney fees in excess
1099 of these limits.
1100 1. Before filing the motion, the counsel shall deliver a
1101 copy of the intended billing, together with supporting
1102 affidavits and all other necessary documentation, to the Justice
1103 Administrative Commission.
1104 2. The Justice Administrative Commission shall review the
1105 billings, affidavit, and documentation for completeness and
1106 compliance with contractual and statutory requirements and shall
1107 contemporaneously document such review before authorizing
1108 payment to an attorney. If the Justice Administrative Commission
1109 objects to any portion of the proposed billing, the objection
1110 and supporting reasons must be communicated in writing to the
1111 private court-appointed counsel. The counsel may thereafter file
1112 his or her motion, which must specify whether the commission
1113 objects to any portion of the billing or the sufficiency of
1114 documentation, and shall attach the commission’s letter stating
1115 its objection.
1116 (b) Following receipt of the motion to exceed the fee
1117 limits, the chief judge or a single designee shall hold an
1118 evidentiary hearing. The chief judge may select only one judge
1119 per circuit to hear and determine motions pursuant to this
1120 subsection, except multicounty circuits and the eleventh circuit
1121 may have up to two designees.
1122 1. At the hearing, the attorney seeking compensation must
1123 prove by competent and substantial evidence that the case
1124 required extraordinary and unusual efforts. The chief judge or
1125 single designee shall consider criteria such as the number of
1126 witnesses, the complexity of the factual and legal issues, and
1127 the length of trial. The fact that a trial was conducted in a
1128 case does not, by itself, constitute competent substantial
1129 evidence of an extraordinary and unusual effort. In a criminal
1130 case, relief under this section may not be granted if the number
1131 of work hours does not exceed 75 or the number of the state’s
1132 witnesses deposed does not exceed 20.
1133 2. Objections by or on behalf of the Justice Administrative
1134 Commission to records or documents or to claims for payment by
1135 the attorney shall be presumed correct by the court unless the
1136 court determines, in writing, that competent and substantial
1137 evidence exists to justify overcoming the presumption. The chief
1138 judge or single designee shall enter a written order detailing
1139 his or her findings and identifying the extraordinary nature of
1140 the time and efforts of the attorney in the case which warrant
1141 exceeding the flat fee established by this section and the
1142 General Appropriations Act.
1143 (c) A copy of the motion and attachments shall be served on
1144 the Justice Administrative Commission at least 20 business days
1145 before the date of a hearing. The Justice Administrative
1146 Commission has standing to appear before the court, and may
1147 appear in person or telephonically, including at the hearing
1148 under paragraph (b), to contest any motion for an order
1149 approving payment of attorney fees, costs, or related expenses
1150 and may participate in a hearing on the motion by use of
1151 telephonic or other communication equipment. The Justice
1152 Administrative Commission may contract with other public or
1153 private entities or individuals to appear before the court for
1154 the purpose of contesting any motion for an order approving
1155 payment of attorney fees, costs, or related expenses. The fact
1156 that the Justice Administrative Commission has not objected to
1157 any portion of the billing or to the sufficiency of the
1158 documentation is not binding on the court.
1159 (d) If the chief judge or a single designee finds that
1160 counsel has proved by competent and substantial evidence that
1161 the case required extraordinary and unusual efforts, the chief
1162 judge or single designee shall order the compensation to be paid
1163 to the attorney at a percentage above the flat fee rate,
1164 depending on the extent of the unusual and extraordinary effort
1165 required. The percentage must be only the rate necessary to
1166 ensure that the fees paid are not confiscatory under common law.
1167 The percentage may not exceed 200 percent of the established
1168 flat fee, absent a specific finding that 200 percent of the flat
1169 fee in the case would be confiscatory. If the chief judge or
1170 single designee determines that 200 percent of the flat fee
1171 would be confiscatory, he or she shall order the amount of
1172 compensation using an hourly rate not to exceed $75 per hour for
1173 a noncapital case and $100 per hour for a capital case. However,
1174 the compensation calculated by using the hourly rate shall be
1175 only that amount necessary to ensure that the total fees paid
1176 are not confiscatory, subject to the requirements of s.
1177 27.40(7).
1178 (e) Any order granting relief under this subsection must be
1179 attached to the final request for a payment submitted to the
1180 Justice Administrative Commission and must satisfy the
1181 requirements of subparagraph (b)2.
1182 (13) Notwithstanding the limitation set forth in subsection
1183 (5) and for the 2023-2024 2022-2023 fiscal year only, the
1184 compensation for representation in a criminal proceeding may not
1185 exceed the following:
1186 (a) For misdemeanors and juveniles represented at the trial
1187 level: $1,000.
1188 (b) For noncapital, nonlife felonies represented at the
1189 trial level: $15,000.
1190 (c) For life felonies represented at the trial level:
1191 $15,000.
1192 (d) For capital cases represented at the trial level:
1193 $25,000. For purposes of this paragraph, a “capital case” is any
1194 offense for which the potential sentence is death and the state
1195 has not waived seeking the death penalty.
1196 (e) For representation on appeal: $9,000.
1197 (f) This subsection expires July 1, 2024 2023.
1198 Section 34. The amendments made to s. 27.5304(6), Florida
1199 Statutes, by this act, and the text of s. 27.5304(1), (3), (7),
1200 (11), and (12)(a)-(e), Florida Statutes, as carried forward from
1201 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1202 2024, and the text of those subsections and paragraphs, as
1203 applicable, shall revert to that in existence on June 30, 2019,
1204 except that any amendments to such text enacted other than by
1205 this act shall be preserved and continue to operate to the
1206 extent that such amendments are not dependent upon the portions
1207 of text which expire pursuant to this section.
1208 Section 35. In order to implement appropriations used to
1209 pay existing lease contracts for private lease space in excess
1210 of 2,000 square feet in the 2023-2024 General Appropriations
1211 Act, the Department of Management Services, with the cooperation
1212 of the agencies having the existing lease contracts for office
1213 or storage space, shall use tenant broker services to
1214 renegotiate or reprocure all private lease agreements for office
1215 or storage space expiring between July 1, 2024, and June 30,
1216 2026, in order to reduce costs in future years. The department
1217 shall incorporate this initiative into its 2023 master leasing
1218 report required under s. 255.249(7), Florida Statutes, and may
1219 use tenant broker services to explore the possibilities of
1220 collocating office or storage space, to review the space needs
1221 of each agency, and to review the length and terms of potential
1222 renewals or renegotiations. The department shall provide a
1223 report to the Executive Office of the Governor, the President of
1224 the Senate, and the Speaker of the House of Representatives by
1225 November 1, 2023, which lists each lease contract for private
1226 office or storage space, the status of renegotiations, and the
1227 savings achieved. This section expires July 1, 2024.
1228 Section 36. In order to implement appropriations authorized
1229 in the 2023-2024 General Appropriations Act for data center
1230 services, and notwithstanding s. 216.292(2)(a), Florida
1231 Statutes, an agency may not transfer funds from a data
1232 processing category to a category other than another data
1233 processing category. This section expires July 1, 2024.
1234 Section 37. In order to implement the appropriation of
1235 funds in the appropriation category “Special Categories-Risk
1236 Management Insurance” in the 2023-2024 General Appropriations
1237 Act, and pursuant to the notice, review, and objection
1238 procedures of s. 216.177, Florida Statutes, the Executive Office
1239 of the Governor may transfer funds appropriated in that category
1240 between departments in order to align the budget authority
1241 granted with the premiums paid by each department for risk
1242 management insurance. This section expires July 1, 2024.
1243 Section 38. In order to implement the appropriation of
1244 funds in the appropriation category “Special Categories-Transfer
1245 to Department of Management Services-Human Resources Services
1246 Purchased per Statewide Contract” in the 2023-2024 General
1247 Appropriations Act, and pursuant to the notice, review, and
1248 objection procedures of s. 216.177, Florida Statutes, the
1249 Executive Office of the Governor may transfer funds appropriated
1250 in that category between departments in order to align the
1251 budget authority granted with the assessments that must be paid
1252 by each agency to the Department of Management Services for
1253 human resource management services. This section expires July 1,
1254 2024.
1255 Section 39. In order to implement Specific Appropriation
1256 2871 in the 2023-2024 General Appropriations Act in the Building
1257 Relocation appropriation category from the Architects Incidental
1258 Trust Fund of the Department of Management Services, and in
1259 accordance with s. 215.196, Florida Statutes:
1260 (1) Upon the final disposition of a state-owned building,
1261 the Department of Management Services may use up to 5 percent of
1262 facility disposition funds from the Architects Incidental Trust
1263 Fund to defer, offset, or otherwise pay for all or a portion of
1264 relocation expenses including furniture, fixtures, and equipment
1265 for state agencies impacted by the disposition of the
1266 department’s managed facilities in the Florida Facilities Pool.
1267 The extent of the financial assistance provided to impacted
1268 state agencies shall be determined by the department.
1269 (2) The Department of Management Services may submit budget
1270 amendments for an increase in appropriation if necessary for the
1271 implementation of this section pursuant to the provisions of
1272 chapter 216, Florida Statutes. Budget amendments for an increase
1273 in appropriation shall include a detailed plan providing all
1274 estimated costs and relocation proposals.
1275 (3) This section expires July 1, 2024.
1276 Section 40. In order to implement Specific Appropriation
1277 2845 of the 2023-2024 General Appropriations Act from the
1278 Architects Incidental Trust Fund of the Department of Management
1279 Services, notwithstanding s. 253.025(4), Florida Statutes, and
1280 in accordance with s. 215.196, Florida Statutes, the Department
1281 of Management Services may acquire additional state-owned office
1282 buildings as defined in s. 255.248, Florida Statutes, or
1283 property for inclusion in the Florida Facilities Pool as created
1284 in s. 255.505, Florida Statutes. This section expires July 1,
1285 2024.
1286 Section 41. In order to implement Specific Appropriations
1287 2449 through 2452 of the 2023-2024 General Appropriations Act:
1288 (1) The Department of Financial Services shall replace the
1289 four main components of the Florida Accounting Information
1290 Resource Subsystem (FLAIR), which include central FLAIR,
1291 departmental FLAIR, payroll, and information warehouse, and
1292 shall replace the cash management and accounting management
1293 components of the Cash Management Subsystem (CMS) with an
1294 integrated enterprise system that allows the state to organize,
1295 define, and standardize its financial management business
1296 processes and that complies with ss. 215.90-215.96, Florida
1297 Statutes. The department may not include in the replacement of
1298 FLAIR and CMS:
1299 (a) Functionality that duplicates any of the other
1300 information subsystems of the Florida Financial Management
1301 Information System; or
1302 (b) Agency business processes related to any of the
1303 functions included in the Personnel Information System, the
1304 Purchasing Subsystem, or the Legislative Appropriations
1305 System/Planning and Budgeting Subsystem.
1306 (2) For purposes of replacing FLAIR and CMS, the Department
1307 of Financial Services shall:
1308 (a) Take into consideration the cost and implementation
1309 data identified for Option 3 as recommended in the March 31,
1310 2014, Florida Department of Financial Services FLAIR Study,
1311 version 031.
1312 (b) Ensure that all business requirements and technical
1313 specifications have been provided to all state agencies for
1314 their review and input and approved by the executive steering
1315 committee established in paragraph (c), including any updates to
1316 these documents.
1317 (c) Implement a project governance structure that includes
1318 an executive steering committee composed of:
1319 1. The Chief Financial Officer or the executive sponsor of
1320 the project.
1321 2. A representative of the Division of Treasury of the
1322 Department of Financial Services, appointed by the Chief
1323 Financial Officer.
1324 3. The Chief Information Officers of the Department of
1325 Financial Services and the Department of Environmental
1326 Protection.
1327 4. Two employees from the Division of Accounting and
1328 Auditing of the Department of Financial Services, appointed by
1329 the Chief Financial Officer. Each employee must have experience
1330 relating to at least one of the four main components that
1331 compose FLAIR.
1332 5. Two employees from the Executive Office of the Governor,
1333 appointed by the Governor. One employee must have experience
1334 relating to the Legislative Appropriations System/Planning and
1335 Budgeting Subsystem.
1336 6. One employee from the Department of Revenue, appointed
1337 by the executive director, who has experience using or
1338 maintaining the department’s finance and accounting systems.
1339 7. Two employees from the Department of Management
1340 Services, appointed by the Secretary of Management Services. One
1341 employee must have experience relating to the department’s
1342 personnel information subsystem and one employee must have
1343 experience relating to the department’s purchasing subsystem.
1344 8. A state agency administrative services director,
1345 appointed by the Governor.
1346 9. The executive sponsor of the Florida Health Care
1347 Connection (FX) System or his or her designee, appointed by the
1348 Secretary of Health Care Administration.
1349 10. The state chief information officer, or his or her
1350 designee, as a nonvoting member. The state chief information
1351 officer, or his or her designee, shall provide monthly status
1352 reports to the executive steering committee pursuant to the
1353 oversight responsibilities in s. 282.0051, Florida Statutes.
1354 11. One employee from the Department of Business and
1355 Professional Regulation who has experience in finance and
1356 accounting and FLAIR, appointed by the Secretary of Business and
1357 Professional Regulation.
1358 12. One employee from the Florida Fish and Wildlife
1359 Conservation Commission who has experience using or maintaining
1360 the commission’s finance and accounting systems, appointed by
1361 the chair of the Florida Fish and Wildlife Conservation
1362 Commission.
1363 13. The budget director of the Department of Education, or
1364 his or her designee.
1365 (3)(a) The Chief Financial Officer or the executive sponsor
1366 of the project shall serve as chair of the executive steering
1367 committee, and the committee shall take action by a vote of at
1368 least eight affirmative votes with the Chief Financial Officer
1369 or the executive sponsor of the project voting on the prevailing
1370 side. A quorum of the executive steering committee consists of
1371 at least 10 members.
1372 (b) No later than 14 days before a meeting of the executive
1373 steering committee, the chair shall request input from committee
1374 members on agenda items for the next scheduled meeting.
1375 (c) The chair shall establish a working group consisting of
1376 FLAIR users, state agency technical staff who maintain
1377 applications that integrate with FLAIR, and no less than four
1378 state agency finance and accounting or budget directors. The
1379 working group shall meet at least monthly to review PALM
1380 functionality, assess project impacts to state financial
1381 business processes and agency staff, and develop recommendations
1382 to the executive steering committee for improvements. The chair
1383 shall request input from the working group on agenda items for
1384 each scheduled meeting. The PALM project team shall dedicate a
1385 staff member to the group and provide system demonstrations and
1386 any project documentation, as needed, for the group to fulfill
1387 its duties.
1388 (d) The chair shall request all agency project sponsors to
1389 provide bimonthly status reports to the executive steering
1390 committee. The form and format of the bimonthly status reports
1391 shall be developed by the Florida PALM project and provided to
1392 the executive steering committee meeting for approval. Such
1393 agency status reports shall provide information to the executive
1394 steering committee on the activities and ongoing work within the
1395 agency to prepare their systems and impacted employees for the
1396 deployment of the Florida PALM System. The first bimonthly
1397 status report is due September 1, 2023, and bimonthly
1398 thereafter.
1399 (4) The executive steering committee has the overall
1400 responsibility for ensuring that the project to replace FLAIR
1401 and CMS meets its primary business objectives and shall:
1402 (a) Identify and recommend to the Executive Office of the
1403 Governor, the President of the Senate, and the Speaker of the
1404 House of Representatives any statutory changes needed to
1405 implement the replacement subsystem that will standardize, to
1406 the fullest extent possible, the state’s financial management
1407 business processes.
1408 (b) Review and approve any changes to the project’s scope,
1409 schedule, and budget which do not conflict with the requirements
1410 of subsection (1).
1411 (c) Ensure that adequate resources are provided throughout
1412 all phases of the project.
1413 (d) Approve all major project deliverables and any cost
1414 changes to each deliverable over $250,000.
1415 (e) Approve contract amendments and changes to all
1416 contract-related documents associated with the replacement of
1417 FLAIR and CMS.
1418 (f) Review, and approve as warranted, the format of the
1419 bimonthly agency status reports to include meaningful
1420 information on each agency’s progress in planning for the
1421 Florida PALM Major Implementation, covering the agency’s people,
1422 processes, technology, and data transformation activities.
1423 (g) Ensure compliance with ss. 216.181(16), 216.311,
1424 216.313, 282.318(4)(h), and 287.058, Florida Statutes.
1425 (5) This section expires July 1, 2024.
1426 Section 42. In order to implement Specific Appropriation
1427 2995 of the 2023-2024 General Appropriations Act, and
1428 notwithstanding the expiration date in section 54 of chapter
1429 2022-157, Laws of Florida, subsection (3) of section 282.709,
1430 Florida Statutes, is reenacted to read:
1431 282.709 State agency law enforcement radio system and
1432 interoperability network.—
1433 (3) In recognition of the critical nature of the statewide
1434 law enforcement radio communications system, the Legislature
1435 finds that there is an immediate danger to the public health,
1436 safety, and welfare, and that it is in the best interest of the
1437 state to continue partnering with the system’s current operator.
1438 The Legislature finds that continuity of coverage is critical to
1439 supporting law enforcement, first responders, and other public
1440 safety users. The potential for a loss in coverage or a lack of
1441 interoperability between users requires emergency action and is
1442 a serious concern for officers’ safety and their ability to
1443 communicate and respond to various disasters and events.
1444 (a) The department, pursuant to s. 287.057(10), shall enter
1445 into a 15-year contract with the entity that was operating the
1446 statewide radio communications system on January 1, 2021. The
1447 contract must include:
1448 1. The purchase of radios;
1449 2. The upgrade to the Project 25 communications standard;
1450 3. Increased system capacity and enhanced coverage for
1451 system users;
1452 4. Operations, maintenance, and support at a fixed annual
1453 rate;
1454 5. The conveyance of communications towers to the
1455 department; and
1456 6. The assignment of communications tower leases to the
1457 department.
1458 (b) The State Agency Law Enforcement Radio System Trust
1459 Fund is established in the department and funded from surcharges
1460 collected under ss. 318.18, 320.0802, and 328.72. Upon
1461 appropriation, moneys in the trust fund may be used by the
1462 department to acquire the equipment, software, and engineering,
1463 administrative, and maintenance services it needs to construct,
1464 operate, and maintain the statewide radio system. Moneys in the
1465 trust fund from surcharges shall be used to help fund the costs
1466 of the system. Upon completion of the system, moneys in the
1467 trust fund may also be used by the department for payment of the
1468 recurring maintenance costs of the system.
1469 Section 43. The text of s. 282.709(3), Florida Statutes, as
1470 carried forward from chapter 2021-37, Laws of Florida, by this
1471 act, expires July 1, 2024, and the text of that subsection shall
1472 revert to that in existence on June 1, 2021, except that any
1473 amendments to such text enacted other than by this act shall be
1474 preserved and continue to operate to the extent that such
1475 amendments are not dependent upon the portions of text which
1476 expire pursuant to this section.
1477 Section 44. In order to implement appropriations relating
1478 to the purchase of equipment and services related to the
1479 Statewide Law Enforcement Radio System (SLERS) as authorized in
1480 the 2023-2024 General Appropriations Act, and notwithstanding s.
1481 287.057, Florida Statutes, state agencies and other eligible
1482 users of the SLERS network may use the Department of Management
1483 Services SLERS contract for purchase of equipment and services.
1484 This section expires July 1, 2024.
1485 Section 45. In order to implement Specific Appropriations
1486 2889 through 2900 of the 2023-2024 General Appropriations Act,
1487 and notwithstanding rule 60A-1.031, Florida Administrative Code,
1488 the transaction fee as identified in s. 287.057(24)(c), Florida
1489 Statutes, shall be collected for use of the online procurement
1490 system and is 0.7 percent for the 2023-2024 fiscal year only.
1491 This section expires July 1, 2024.
1492 Section 46. In order to implement Specific Appropriations
1493 2800 through 2824 of the 2023-2024 General Appropriations Act,
1494 and upon the expiration and reversion of the amendments made by
1495 section 57 of chapter 2022-157, Laws of Florida, paragraph (i)
1496 of subsection (9) of section 24.105, Florida Statutes, is
1497 amended to read:
1498 24.105 Powers and duties of department.—The department
1499 shall:
1500 (9) Adopt rules governing the establishment and operation
1501 of the state lottery, including:
1502 (i) The manner and amount of compensation of retailers,
1503 except for the 2023-2024 fiscal year only, effective July 1,
1504 2023, the commission for lottery ticket sales shall be 6 percent
1505 of the purchase price of each ticket sold or issued as a prize
1506 by a retailer. Any additional retailer compensation is limited
1507 to the Florida Lottery Retailer Bonus Commission program
1508 appropriated in Specific Appropriation 2820 of the 2023-2024
1509 General Appropriations Act.
1510 Section 47. The amendment to s. 24.105(9)(i), Florida
1511 Statutes, made by this act expires July 1, 2024, and the text of
1512 that paragraph shall revert to that in existence on June 30,
1513 2022, except that any amendments to such text enacted other than
1514 by this act shall be preserved and continue to operate to the
1515 extent that such amendments are not dependent upon the portions
1516 of text which expire pursuant to this section.
1517 Section 48. Effective upon this act becoming a law, and in
1518 order to implement Specific Appropriations 2441 through 2448 of
1519 the 2023-2024 General Appropriations Act, subsection (3) is
1520 added to section 717.123, Florida Statutes, to read:
1521 717.123 Deposit of funds.—
1522 (3) Notwithstanding subsection (1), and for the 2022-2023
1523 fiscal year, the department shall retain, from funds received
1524 under this chapter, an amount not exceeding $65 million from
1525 which the department shall make prompt payment of claims allowed
1526 by the department and shall pay the costs incurred by the
1527 department in administering and enforcing this chapter. This
1528 subsection expires July 1, 2024.
1529 Section 49. In order to implement Specific Appropriations
1530 3033 through 3041 of the 2023-2024 General Appropriations Act,
1531 paragraph (ll) is added to subsection (6) of section 627.351,
1532 Florida Statutes, to read:
1533 627.351 Insurance risk apportionment plans.—
1534 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
1535 (ll)1. In addition to any other method of alternative
1536 dispute resolution authorized by Florida law, the corporation
1537 may adopt policy forms which provide for the resolution of
1538 disputes regarding its claim determinations, including disputes
1539 regarding coverage for, or the scope and value of, a claim, in a
1540 proceeding before the Division of Administrative Hearings. Any
1541 such policy forms are not subject to s. 627.70154.
1542 2. The corporation may contract with the division to
1543 conduct proceedings to resolve disputes regarding its claim
1544 determinations as may be provided for in the applicable policies
1545 of insurance.
1546 3. This paragraph expires July 1, 2024.
1547 Section 50. Effective upon this act becoming a law, and in
1548 order to implement section 123 of the 2023-2024 General
1549 Appropriations Act, paragraph (f) is added to subsection (7) of
1550 section 934.50, Florida Statutes, to read:
1551 934.50 Searches and seizure using a drone.—
1552 (7) SECURITY STANDARDS FOR GOVERNMENTAL AGENCY DRONE USE.—
1553 (f) Notwithstanding this subsection:
1554 1. Subject to appropriation, the drone replacement grant
1555 program is created within the Department of Law Enforcement. The
1556 program shall provide funds to law enforcement agencies that
1557 turn in drones that are not in compliance with this section. To
1558 be eligible, the drone must have not reached its end of life and
1559 must still be in working condition. Funds shall be provided per
1560 drone based upon the drone’s current value. Grant funds may only
1561 be used to purchase drones that are in compliance with this
1562 section. The Department of Law Enforcement shall expeditiously
1563 develop an application process and funds shall be allocated on a
1564 first-come, first-served basis, determined by the date the
1565 department receives the application. The department may adopt
1566 rules to implement this program. For the purposes of this
1567 paragraph, the term “law enforcement agency” has the same
1568 meaning as in s. 934.50.
1569 2. The Department of Law Enforcement shall provide drones
1570 received through the drone grant replacement program to the
1571 Florida Center for Cybersecurity within the University of South
1572 Florida. The Florida Center for Cybersecurity shall analyze
1573 whether the drones present cybersecurity concerns and shall
1574 provide its findings or recommendations to the Department of
1575 Management Services regarding the drones’ safety or security.
1576 3. The Department of Law Enforcement is authorized, and all
1577 conditions are deemed met, to adopt emergency rules under s.
1578 120.54(4) for the purpose of implementing the drone replacement
1579 grant program. Notwithstanding any other law, emergency rules
1580 adopted under this section are effective for 12 months after
1581 adoption and may be renewed during the pendency of procedures to
1582 adopt permanent rules addressing the subject of the emergency
1583 rules.
1584
1585 This paragraph expires July 1, 2024.
1586 Section 51. Effective upon this act becoming a law, and in
1587 order to implement Specific Appropriations 3109 through 3140 of
1588 the 2023-2024 General Appropriations Act, paragraph (g) of
1589 subsection (13) of section 120.80, Florida Statutes, is amended
1590 to read:
1591 120.80 Exceptions and special requirements; agencies.—
1592 (13) FLORIDA PUBLIC SERVICE COMMISSION.—
1593 (g)1. Rules adopted by the Florida Public Service
1594 Commission to implement ss. 366.04(8) and (9) and 366.97 are not
1595 subject to s. 120.541.
1596 2. For the 2023-2024 fiscal year, rules adopted by the
1597 Florida Public Service Commission to implement ss. 350.113,
1598 364.336, 366.14, 367.145, and 368.109 are not subject to s.
1599 120.541. This subparagraph expires July 1, 2024.
1600 Section 52. In order to implement specific appropriations
1601 from the land acquisition trust funds within the Department of
1602 Agriculture and Consumer Services, the Department of
1603 Environmental Protection, the Department of State, and the Fish
1604 and Wildlife Conservation Commission, which are contained in the
1605 2023-2024 General Appropriations Act, subsection (3) of section
1606 215.18, Florida Statutes, is amended to read:
1607 215.18 Transfers between funds; limitation.—
1608 (3) Notwithstanding subsection (1) and only with respect to
1609 a land acquisition trust fund in the Department of Agriculture
1610 and Consumer Services, the Department of Environmental
1611 Protection, the Department of State, or the Fish and Wildlife
1612 Conservation Commission, whenever there is a deficiency in a
1613 land acquisition trust fund which would render that trust fund
1614 temporarily insufficient to meet its just requirements,
1615 including the timely payment of appropriations from that trust
1616 fund, and other trust funds in the State Treasury have moneys
1617 that are for the time being or otherwise in excess of the
1618 amounts necessary to meet the just requirements, including
1619 appropriated obligations, of those other trust funds, the
1620 Governor may order a temporary transfer of moneys from one or
1621 more of the other trust funds to a land acquisition trust fund
1622 in the Department of Agriculture and Consumer Services, the
1623 Department of Environmental Protection, the Department of State,
1624 or the Fish and Wildlife Conservation Commission. Any action
1625 proposed pursuant to this subsection is subject to the notice,
1626 review, and objection procedures of s. 216.177, and the Governor
1627 shall provide notice of such action at least 7 days before the
1628 effective date of the transfer of trust funds, except that
1629 during July 2023 2022, notice of such action shall be provided
1630 at least 3 days before the effective date of a transfer unless
1631 such 3-day notice is waived by the chair and vice chair of the
1632 Legislative Budget Commission. Any transfer of trust funds to a
1633 land acquisition trust fund in the Department of Agriculture and
1634 Consumer Services, the Department of Environmental Protection,
1635 the Department of State, or the Fish and Wildlife Conservation
1636 Commission must be repaid to the trust funds from which the
1637 moneys were loaned by the end of the 2023-2024 2022-2023 fiscal
1638 year. The Legislature has determined that the repayment of the
1639 other trust fund moneys temporarily loaned to a land acquisition
1640 trust fund in the Department of Agriculture and Consumer
1641 Services, the Department of Environmental Protection, the
1642 Department of State, or the Fish and Wildlife Conservation
1643 Commission pursuant to this subsection is an allowable use of
1644 the moneys in a land acquisition trust fund because the moneys
1645 from other trust funds temporarily loaned to a land acquisition
1646 trust fund shall be expended solely and exclusively in
1647 accordance with s. 28, Art. X of the State Constitution. This
1648 subsection expires July 1, 2024 2023.
1649 Section 53. (1) In order to implement specific
1650 appropriations from the land acquisition trust funds within the
1651 Department of Agriculture and Consumer Services, the Department
1652 of Environmental Protection, the Department of State, and the
1653 Fish and Wildlife Conservation Commission which are contained in
1654 the 2023-2024 General Appropriations Act, the Department of
1655 Environmental Protection shall transfer revenues from the Land
1656 Acquisition Trust Fund within the department to the land
1657 acquisition trust funds within the Department of Agriculture and
1658 Consumer Services, the Department of State, and the Fish and
1659 Wildlife Conservation Commission as provided in this section. As
1660 used in this section, the term “department” means the Department
1661 of Environmental Protection.
1662 (2) After subtracting any required debt service payments,
1663 the proportionate share of revenues to be transferred to each
1664 land acquisition trust fund shall be calculated by dividing the
1665 appropriations from each of the land acquisition trust funds for
1666 the fiscal year by the total appropriations from the Land
1667 Acquisition Trust Fund within the department and the land
1668 acquisition trust funds within the Department of Agriculture and
1669 Consumer Services, the Department of State, and the Fish and
1670 Wildlife Conservation Commission for the fiscal year. The
1671 department shall transfer the proportionate share of the
1672 revenues in the Land Acquisition Trust Fund within the
1673 department on a monthly basis to the appropriate land
1674 acquisition trust funds within the Department of Agriculture and
1675 Consumer Services, the Department of State, and the Fish and
1676 Wildlife Conservation Commission and shall retain its
1677 proportionate share of the revenues in the Land Acquisition
1678 Trust Fund within the department. Total distributions to a land
1679 acquisition trust fund within the Department of Agriculture and
1680 Consumer Services, the Department of State, and the Fish and
1681 Wildlife Conservation Commission may not exceed the total
1682 appropriations from such trust fund for the fiscal year.
1683 (3) In addition, the department shall transfer from the
1684 Land Acquisition Trust Fund to land acquisition trust funds
1685 within the Department of Agriculture and Consumer Services, the
1686 Department of State, and the Fish and Wildlife Conservation
1687 Commission amounts equal to the difference between the amounts
1688 appropriated in chapter 2022-156, Laws of Florida, to the
1689 department’s Land Acquisition Trust Fund and the other land
1690 acquisition trust funds, and the amounts actually transferred
1691 between those trust funds during the 2022-2023 fiscal year.
1692 (4) The department may advance funds from the beginning
1693 unobligated fund balance in the Land Acquisition Trust Fund to
1694 the Land Acquisition Trust Fund within the Fish and Wildlife
1695 Conservation Commission needed for cash flow purposes based on a
1696 detailed expenditure plan. The department shall prorate amounts
1697 transferred quarterly to the Fish and Wildlife Conservation
1698 Commission to recoup the amount of funds advanced by June 30,
1699 2024.
1700 (5) This section expires July 1, 2024.
1701 Section 54. In order to implement specific appropriations
1702 from the Florida Forever Trust Fund within the Department of
1703 Environmental Protection, which are contained in the 2023-2024
1704 General Appropriations Act, paragraph (m) of subsection (3) of
1705 section 259.105, Florida Statutes, is amended to read:
1706 259.105 The Florida Forever Act.—
1707 (3) Less the costs of issuing and the costs of funding
1708 reserve accounts and other costs associated with bonds, the
1709 proceeds of cash payments or bonds issued pursuant to this
1710 section shall be deposited into the Florida Forever Trust Fund
1711 created by s. 259.1051. The proceeds shall be distributed by the
1712 Department of Environmental Protection in the following manner:
1713 (m) Notwithstanding paragraphs (a)-(j) and for the 2023
1714 2024 fiscal year, the proceeds shall be distributed as provided
1715 in the General Appropriations Act. This paragraph expires July
1716 1, 2024 Notwithstanding paragraphs (a)-(j) and for the 2021-2022
1717 fiscal year, the amount of $1,998,100 to only the Department of
1718 Environmental Protection for grants pursuant to s. 375.075. This
1719 paragraph expires July 1, 2022.
1720 Section 55. In order to implement Specific Appropriation
1721 1438 of the 2023-2024 General Appropriations Act, and
1722 notwithstanding the expiration date in section 64 of chapter
1723 2022-157, Laws of Florida, paragraph (a) of subsection (1) of
1724 section 570.93, Florida Statutes, is reenacted to read:
1725 570.93 Department of Agriculture and Consumer Services;
1726 agricultural water conservation and agricultural water supply
1727 planning.—
1728 (1) The department shall establish an agricultural water
1729 conservation program that includes the following:
1730 (a) A cost-share program, coordinated with the United
1731 States Department of Agriculture and other federal, state,
1732 regional, and local agencies when appropriate, for irrigation
1733 system retrofit and application of mobile irrigation laboratory
1734 evaluations, and for water conservation and water quality
1735 improvement pursuant to s. 403.067(7)(c).
1736 Section 56. The text of s. 570.93(1)(a), Florida Statutes,
1737 as carried forward from chapter 2019-116, Laws of Florida, by
1738 this act expires July 1, 2024, and the text of that paragraph
1739 shall revert to that in existence on June 30, 2019, except that
1740 any amendments to such text enacted other than by this act shall
1741 be preserved and continue to operate to the extent that such
1742 amendments are not dependent upon the portions of text which
1743 expire pursuant to this section.
1744 Section 57. In order to implement Specific Appropriation
1745 1757 of the 2023-2024 General Appropriations Act, and
1746 notwithstanding the expiration date in section 66 of chapter
1747 2022-157, Laws of Florida, paragraph (g) of subsection (15) of
1748 section 376.3071, Florida Statutes, is reenacted to read:
1749 376.3071 Inland Protection Trust Fund; creation; purposes;
1750 funding.—
1751 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
1752 department shall pay, pursuant to this subsection, up to $10
1753 million each fiscal year from the fund for the costs of labor
1754 and equipment to repair or replace petroleum storage systems
1755 that may have been damaged due to the storage of fuels blended
1756 with ethanol or biodiesel, or for preventive measures to reduce
1757 the potential for such damage.
1758 (g) Payments may not be made for the following:
1759 1. Proposal costs or costs related to preparation of the
1760 application and required documentation;
1761 2. Certified public accountant costs;
1762 3. Except as provided in paragraph (j), any costs in excess
1763 of the amount approved by the department under paragraph (b) or
1764 which are not in substantial compliance with the purchase order;
1765 4. Costs associated with storage tanks, piping, or
1766 ancillary equipment that has previously been repaired or
1767 replaced for which costs have been paid under this section;
1768 5. Facilities that are not in compliance with department
1769 storage tank rules, until the noncompliance issues have been
1770 resolved; or
1771 6. Costs associated with damage to petroleum storage
1772 systems caused in whole or in part by causes other than the
1773 storage of fuels blended with ethanol or biodiesel.
1774 Section 58. The text of s. 376.3071(15)(g), Florida
1775 Statutes, as carried forward from chapter 2020-114, Laws of
1776 Florida, by this act, expires July 1, 2024, and the text of that
1777 paragraph shall revert to that in existence on July 1, 2020, but
1778 not including any amendments made by this act or chapter 2020
1779 114, Laws of Florida, and any amendments to such text enacted
1780 other than by this act shall be preserved and continue to
1781 operate to the extent that such amendments are not dependent
1782 upon the portion of text which expires pursuant to this section.
1783 Section 59. In order to implement Specific Appropriation
1784 2267 of the 2023-2024 General Appropriations Act, and
1785 notwithstanding chapter 287, Florida Statutes, the Department of
1786 Citrus shall enter into agreements for the purpose of increasing
1787 production of trees that show tolerance or resistance to citrus
1788 greening and to commercialize technologies that produce
1789 tolerance or resistance to citrus greening in trees. The
1790 department shall enter into these agreements no later than
1791 January 1, 2024, and shall file with the department’s Inspector
1792 General a certification of conditions and circumstances
1793 justifying each agreement entered into without competitive
1794 solicitation. This section expires July 1, 2024.
1795 Section 60. In order to implement section 142 of the 2023
1796 2024 General Appropriations Act, subsection (22) of section
1797 161.101, Florida Statutes, is amended to read:
1798 161.101 State and local participation in authorized
1799 projects and studies relating to beach management and erosion
1800 control.—
1801 (22) Notwithstanding subsections (1), (15), and (16), and
1802 for the 2023-2024 2022-2023 fiscal year, for beaches located in
1803 Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian
1804 River, Lee, Manatee, Martin, Nassau, Palm Beach, St. Johns, St.
1805 Lucie, Sarasota, and Volusia Counties, impacted by Hurricane Ian
1806 or Hurricane Nicole, the department may waive or reduce the
1807 match requirements for local governments. This subsection
1808 expires July 1, 2024 2023.
1809 Section 61. In order to implement section 143 of the 2023
1810 2024 General Appropriations Act, section 10 of chapter 2022-272,
1811 Laws of Florida, is amended to read:
1812 Section 10. Hurricane Restoration Reimbursement Grant
1813 Program.—
1814 (1) There is hereby created within the Department of
1815 Environmental Protection the Hurricane Restoration Reimbursement
1816 Grant Program for the purpose of providing financial assistance
1817 to mitigate coastal beach erosion for coastal homeowners whose
1818 property was significantly impacted by Hurricane Ian or
1819 Hurricane Nicole in 2022. The department is authorized to
1820 provide financial assistance grants to eligible recipients
1821 located in Brevard, Broward, Charlotte, Collier, Duval, Flagler,
1822 Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, Saint
1823 Johns, Saint Lucie, Sarasota, and Volusia Counties.
1824 (2) The department may provide grants to property owners to
1825 mitigate for coastal beach erosion caused by Hurricane Ian or
1826 Hurricane Nicole during 2022. Grant funding may only be used to
1827 reimburse a property owner for construction costs:
1828 (a) Related to sand placement and temporary or permanent
1829 coastal armoring construction projects to mitigate coastal beach
1830 erosion and may not be used for the repair of residential
1831 structures.
1832 (b) Incurred as a result of preparation for or damage
1833 sustained from Hurricane Ian or Hurricane Nicole in 2022.
1834 (c) Incurred after September 23, 2022.
1835 (d) Related to a project that has been permitted, is exempt
1836 from permitting requirements, or is otherwise authorized by law.
1837 (3) Financial assistance grants may only be provided to
1838 mitigate damage to property located in Brevard, Broward,
1839 Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee,
1840 Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota,
1841 and Volusia Counties that is a:
1842 (a) Residential property that meets the following
1843 requirements:
1844 1. The parcel must be a single-family, site-built,
1845 residential property or a multi-family, site-built, residential
1846 property not to exceed four units; and
1847 2. The homeowner must have been granted a homestead
1848 exemption on the home under chapter 196, Florida Statutes;
1849 (b) Residential condominium, as defined in chapter 718,
1850 Florida Statutes; or
1851 (c) Cooperative, as defined in chapter 719, Florida
1852 Statutes.
1853 (4)(a) The department shall cost-share with $1 provided by
1854 the property owner for every $1 provided by the state with a
1855 maximum of $300,000 $150,000 in state funding toward the actual
1856 cost of an eligible project. The department shall prioritize
1857 applicants who are low-income or moderate-income persons, as
1858 defined in s. 420.0004, Florida Statutes. Grants will be awarded
1859 to property owners for eligible projects following the receipt
1860 of a completed application on a first-come, first-served basis
1861 until funding is exhausted.
1862 1. Applications may be submitted beginning February 1,
1863 2023.
1864 2. Applicants must include evidence that the project meets
1865 the criteria in subsections (2) and (3).
1866 (b) If the department determines that an application meets
1867 the requirements of this section, the department shall enter
1868 into a cost-share grant agreement with the applicant consistent
1869 with this section.
1870 (c) The department shall disburse grant funds on a
1871 reimbursement basis. In order to receive reimbursement, property
1872 owners must submit, at a minimum:
1873 1. If applicable, the permit issued under chapter 161,
1874 Florida Statutes, or applicable statute, and evidence that the
1875 project complies with all permitting requirements.
1876 2. All invoices and payment receipts for eligible projects.
1877 3. If applicable, documentation that the eligible project
1878 was completed by a licensed professional or contractor.
1879 (5) No later than January 31, 2023, the department shall
1880 adopt emergency rules prescribing the procedures,
1881 administration, and criteria for approving the applications for
1882 the Hurricane Restoration Reimbursement Grant Program. The
1883 department is authorized, and all conditions are deemed met, to
1884 adopt emergency rules under ss. 120.536(1) and 120.54(4),
1885 Florida Statutes, to implement this section. The Legislature
1886 finds that such emergency rulemaking authority is necessary to
1887 address critical shoreline erosion which may result in the loss
1888 of property by homeowners in those areas of the state that
1889 sustained damage due to Hurricane Ian or Hurricane Nicole during
1890 2022. Such rules shall remain effective for 6 months after the
1891 date of adoption.
1892 (6) This section expires July 1, 2024 2023.
1893 Section 62. In order to implement Specific Appropriation
1894 2722 of the 2023-2024 General Appropriations Act, paragraph (b)
1895 of subsection (3) and subsection (5) of section 321.04, Florida
1896 Statutes, are amended to read:
1897 321.04 Personnel of the highway patrol; rank
1898 classifications; probationary status of new patrol officers;
1899 subsistence; special assignments.—
1900 (3)
1901 (b) For the 2023-2024 2022-2023 fiscal year only, upon the
1902 request of the Governor, the Department of Highway Safety and
1903 Motor Vehicles shall assign one or more patrol officers to the
1904 office of the Lieutenant Governor for security services. This
1905 paragraph expires July 1, 2024 2023.
1906 (5) For the 2023-2024 2022-2023 fiscal year only, the
1907 assignment of a patrol officer by the department shall include a
1908 Cabinet member specified in s. 4, Art. IV of the State
1909 Constitution if deemed appropriate by the department or in
1910 response to a threat and upon written request of such Cabinet
1911 member. This subsection expires July 1, 2024 2023.
1912 Section 63. In order to implement section 185 of the 2023
1913 2024 General Appropriations Act, subsection (3) of section
1914 288.80125, Florida Statutes, is amended to read:
1915 288.80125 Triumph Gulf Coast Trust Fund.—
1916 (3) For the 2023-2024 2022-2023 fiscal year, funds shall be
1917 used for the Rebuild Florida Revolving Loan Fund program to
1918 provide assistance to businesses impacted by Hurricane Michael
1919 as provided in the General Appropriations Act. This subsection
1920 expires July 1, 2024 2023.
1921 Section 64. In order to implement Specific Appropriations
1922 2277 through 2284 of the 2023-2024 General Appropriations Act,
1923 subsection (3) of section 288.8013, Florida Statutes, is amended
1924 to read:
1925 288.8013 Triumph Gulf Coast, Inc.; creation; funding;
1926 investment.—
1927 (3) Triumph Gulf Coast, Inc., shall establish a trust
1928 account at a federally insured financial institution to hold
1929 funds received from the Triumph Gulf Coast Trust Fund and make
1930 deposits and payments. Interest earned in the trust account
1931 shall be deposited monthly into the Triumph Gulf Coast Trust
1932 Fund. Triumph Gulf Coast, Inc., may invest surplus funds in the
1933 Local Government Surplus Funds Trust Fund, pursuant to s.
1934 218.407. Earnings generated by investments and interest of the
1935 fund may be retained and used to make awards pursuant to this
1936 act or, notwithstanding paragraph (2)(d), for administrative
1937 costs, including costs in excess of the cap, and interest
1938 earned, net of fees, shall be transferred monthly into the
1939 Triumph Gulf Coast Trust Fund. Administrative costs may include
1940 payment of travel and per diem expenses of board members,
1941 audits, salary or other costs for employed or contracted staff,
1942 including required staff under s. 288.8014(9), and other
1943 allowable costs. The annual salary for any employee or
1944 contracted staff may not exceed $130,000, and associated
1945 benefits may not exceed 35 percent of salary.
1946 Section 65. The amendments to s. 288.8013(3), Florida
1947 Statutes, made by this act expire July 1, 2024, and the text of
1948 that subsection shall revert to that in existence on June 30,
1949 2023, except that any amendments to such text enacted other than
1950 by this act shall be preserved and continue to operate to the
1951 extent that such amendments are not dependent upon the portions
1952 of text which expire pursuant to this section.
1953 Section 66. In order to implement section 215 of the 2023
1954 2024 General Appropriations Act, subsection (4) of section
1955 339.08, Florida Statutes, is amended to read:
1956 339.08 Use of moneys in State Transportation Trust Fund.—
1957 (4) Notwithstanding any other law, and for the 2023-2024
1958 2022-2023 fiscal year only, funds are appropriated to the State
1959 Transportation Trust Fund from the General Revenue Fund as
1960 provided in the General Appropriations Act. The department is
1961 not required to deplete the resources transferred from the
1962 General Revenue Fund for the fiscal year as required in s.
1963 339.135(3)(b), and the funds may not be used in calculating the
1964 required quarterly cash balance of the trust fund as required in
1965 s. 339.135(6)(b). The department shall track and account for
1966 such appropriated funds as a separate funding source for
1967 eligible projects on the State Highway System and grants to
1968 Florida ports. This subsection expires July 1, 2024 2023.
1969 Section 67. In order to implement Specific Appropriations
1970 1992 through 2005, 2015, 2016, 2024 through 2027, 2031 through
1971 2035, 2037 through 2045, and 2080 through 2093 of the 2023-2024
1972 General Appropriations Act, paragraph (h) of subsection (7) of
1973 section 339.135, Florida Statutes, is amended to read:
1974 339.135 Work program; legislative budget request;
1975 definitions; preparation, adoption, execution, and amendment.—
1976 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1977 (h)1. Any work program amendment that also adds a new
1978 project, or phase thereof, to the adopted work program in excess
1979 of $3 million is subject to approval by the Legislative Budget
1980 Commission. Any work program amendment submitted under this
1981 paragraph must include, as supplemental information, a list of
1982 projects, or phases thereof, in the current 5-year adopted work
1983 program which are eligible for the funds within the
1984 appropriation category being used for the proposed amendment.
1985 The department shall provide a narrative with the rationale for
1986 not advancing an existing project, or phase thereof, in lieu of
1987 the proposed amendment.
1988 2. If the department submits an amendment to the
1989 Legislative Budget Commission and the commission does not meet
1990 or consider the amendment within 30 days after its submittal,
1991 the chair and vice chair of the commission may authorize the
1992 amendment to be approved pursuant to s. 216.177. This
1993 subparagraph expires July 1, 2024 2023.
1994 Section 68. In order to implement Specific Appropriation
1995 3067 of the 2023-2024 General Appropriations Act, section
1996 250.245, Florida Statutes, is created to read:
1997 250.245 Florida National Guard Joint Enlistment Enhancement
1998 Program.—
1999 (1) The Florida National Guard Joint Enlistment Enhancement
2000 Program (JEEP) is established within the Department of Military
2001 Affairs. The purpose of the program is to motivate soldiers,
2002 airmen, and retirees of the Florida National Guard to bolster
2003 recruitment efforts and increase the force structure of the
2004 Florida National Guard.
2005 (2) As used in this section, the term “recruiting
2006 assistant” means a member of the Florida National Guard or a
2007 retiree of the Florida National Guard who assists in the
2008 recruitment of a new member and who provides motivation,
2009 encouragement, and moral support until the enlistment of such
2010 new member.
2011 (3) A current member in pay grade E-1 to O-3 or a retiree
2012 in any pay grade is eligible for participation in JEEP as a
2013 recruiting assistant.
2014 (4) The Adjutant General shall provide compensation to
2015 recruiting assistants participating in JEEP. A recruiting
2016 assistant shall receive $1,000 for each new member referred by
2017 them to the Florida National Guard upon the enlistment of such
2018 referred member.
2019 (5) The Department of Military Affairs, in cooperation with
2020 the Florida National Guard, shall adopt rules to administer the
2021 program.
2022 (6) This section expires July 1, 2024.
2023 Section 69. In order to implement Specific Appropriation
2024 2342 of the 2023-2024 General Appropriations Act, subsection (7)
2025 of section 288.0655, Florida Statutes, is amended to read:
2026 288.0655 Rural Infrastructure Fund.—
2027 (7) For the 2023-2024 2022-2023 fiscal year, the funds
2028 appropriated for the grant program for Florida Panhandle
2029 counties shall be distributed pursuant to and for the purposes
2030 described in the proviso language associated with Specific
2031 Appropriation 2342 2287 of the 2023-2024 2022-2023 General
2032 Appropriations Act. This subsection expires July 1, 2024 2023.
2033 Section 70. In order to implement Specific Appropriations
2034 2687 through 2696 of the 2023-2024 General Appropriations Act,
2035 and notwithstanding ss. 216.181 and 216.292, Florida Statutes,
2036 the Division of Emergency Management may submit budget
2037 amendments, subject to the notice, review, and objection
2038 procedures of s. 216.177, Florida Statutes, to increase budget
2039 authority for projected expenditures due to reimbursements from
2040 federally declared disasters. This section expires July 1, 2024.
2041 Section 71. In order to implement Specific Appropriation
2042 2654 of the 2023-2024 General Appropriations Act, paragraph (d)
2043 of subsection (4) of section 112.061, Florida Statutes, is
2044 amended to read:
2045 112.061 Per diem and travel expenses of public officers,
2046 employees, and authorized persons; statewide travel management
2047 system.—
2048 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2049 officer or employee assigned to an office shall be the city or
2050 town in which the office is located except that:
2051 (d) A Lieutenant Governor who permanently resides outside
2052 of Leon County, may, if he or she so requests, have an
2053 appropriate facility in his or her county designated as his or
2054 her official headquarters for purposes of this section. This
2055 official headquarters may only serve as the Lieutenant
2056 Governor’s personal office. The Lieutenant Governor may not use
2057 state funds to lease space in any facility for his or her
2058 official headquarters.
2059 1. A Lieutenant Governor for whom an official headquarters
2060 is established in his or her county of residence pursuant to
2061 this paragraph is eligible for subsistence at a rate to be
2062 established by the Governor for each day or partial day that the
2063 Lieutenant Governor is at the State Capitol to conduct official
2064 state business. In addition to the subsistence allowance, a
2065 Lieutenant Governor is eligible for reimbursement for
2066 transportation expenses as provided in subsection (7) for travel
2067 between the Lieutenant Governor’s official headquarters and the
2068 State Capitol to conduct state business.
2069 2. Payment of subsistence and reimbursement for
2070 transportation between a Lieutenant Governor’s official
2071 headquarters and the State Capitol shall be made to the extent
2072 appropriated funds are available, as determined by the Governor.
2073 3. This paragraph expires July 1, 2024 2023.
2074 Section 72. Effective upon this act becoming a law, in
2075 order to implement section 8 of the 2023-2024 General
2076 Appropriations Act:
2077 (1) The Department of Management Services, pursuant to s.
2078 110.123(3), Florida Statutes, shall release, during the 2021
2079 2022 fiscal year or 2022-2023 fiscal year, competitive
2080 procurements for third-party administrative services for
2081 preferred provider organization plans, health maintenance
2082 organization services, and pharmacy benefits manager services to
2083 become effective January 1, 2024.
2084 (2) Such competitive procurements and resultant contracts
2085 shall continue the State Group Health Insurance Standard Plans,
2086 State Group Health Insurance High Deductible Plans, State Group
2087 Health Maintenance Organization Standard Plans, and State Group
2088 Health Maintenance Organization High Deductible Plans within the
2089 State Group Insurance Program. The benefits provided under each
2090 of the plans shall be those benefits as provided in the Plan
2091 Year 2023 State Employees’ PPO Plan Group Health Insurance Plan
2092 Booklet and Benefit Document and the Plan Year 2023 Health
2093 Maintenance Organization contracts and benefit documents,
2094 modified only by revisions approved by the Legislature.
2095 (3) It is the intent of the Legislature that state agencies
2096 operate in an efficient manner and contract for necessary
2097 services in the best interests of the state and its residents.
2098 In recognition of the limitations otherwise placed on state
2099 agencies pursuant to s. 216.311, Florida Statutes, when
2100 contracting for services, the Department of Management Services,
2101 when contracting for administrative services relating to the
2102 administration of the health plans beginning in plan year 2024,
2103 may enter into contracts that may require the payment of
2104 administrative fees not to exceed 110 percent of the amount
2105 appropriated in the 2023-2024 General Appropriations Act to the
2106 Division of State Group Insurance for such services.
2107 (4) Notwithstanding s. 110.123(3)(f), Florida Statutes, the
2108 Department of Management Services shall maintain and offer the
2109 same PPO and HMO health plan alternatives to the participants of
2110 the State Group Health Insurance Program during the 2023-2024
2111 fiscal year which were in effect for the 2022-2023 fiscal year.
2112
2113 This section expires July 1, 2024.
2114 Section 73. (1) In order to implement section 8 of the
2115 2023-2024 General Appropriations Act, beginning July 1, 2023,
2116 and on the first day of each month thereafter, the Department of
2117 Management Services shall assess an administrative health
2118 insurance assessment to each state agency equal to the
2119 employer’s cost of individual employee health care coverage for
2120 each vacant position within such agency eligible for coverage
2121 through the Division of State Group Insurance. As used in this
2122 section, the term “state agency” means an agency within the
2123 State Personnel System, the Department of the Lottery, the
2124 Justice Administrative Commission and all entities
2125 administratively housed in the Justice Administrative
2126 Commission, and the state courts system.
2127 (2) Each state agency shall remit the assessed
2128 administrative health insurance assessment under subsection (1)
2129 to the State Employees Health Insurance Trust Fund, for the
2130 State Group Insurance Program, as provided in ss. 110.123 and
2131 110.1239, Florida Statutes, from currently allocated monies for
2132 salaries and benefits, within 30 days after receipt of the
2133 assessment from the Department of Management Services. Should
2134 any state agency become more than 60 days delinquent in payment
2135 of this obligation, the Department of Management Services shall
2136 certify to the Chief Financial Officer the amount due and the
2137 Chief Financial Officer shall transfer the amount due to the
2138 Department of Management Services.
2139 (3) The administrative health insurance assessment shall
2140 not apply to positions for which funding, or a portion of
2141 funding, is paid for with federal funds. Each state agency shall
2142 provide the Department of Management Services with a complete
2143 list of position numbers that are funded, or partially funded,
2144 with federal funding no later than July 31, 2023, and shall
2145 update the list on the last day of each month thereafter. For
2146 federally funded positions, or partially funded positions, each
2147 state agency shall immediately take steps to include the
2148 administrative health insurance assessment in its indirect cost
2149 plan for the 2024-2025 fiscal year and each fiscal year
2150 thereafter. A state agency shall notify the Department of
2151 Management Services upon approval of the updated indirect cost
2152 plan. If the state agency is not able to obtain approval from
2153 its federal awarding agency, the state agency must notify the
2154 Department of Management Services no later than January 16,
2155 2024.
2156 (4) Pursuant to the notice, review, and objection
2157 procedures of s. 216.177, Florida Statutes, the Executive Office
2158 of the Governor may transfer budget authority appropriated in
2159 the Salaries and Benefits appropriation category between
2160 agencies in order to align the appropriations granted with the
2161 assessments that must be paid by each agency to the Department
2162 of Management Services for the administrative health insurance
2163 assessment.
2164 (5) This section expires July 1, 2024.
2165 Section 74. In order to implement Specific Appropriations
2166 2787 and 2788 of the 2023-2024 General Appropriations Act, and
2167 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2168 salaries for members of the Legislature for the 2023-2024 fiscal
2169 year shall be set at the same level in effect on July 1, 2010.
2170 This section expires July 1, 2024.
2171 Section 75. In order to implement the transfer of funds
2172 from the General Revenue Fund from trust funds for the 2023-2024
2173 General Appropriations Act, and notwithstanding the expiration
2174 date in section 86 of chapter 2022-157, Laws of Florida,
2175 paragraph (b) of subsection (2) of section 215.32, Florida
2176 Statutes, is reenacted to read:
2177 215.32 State funds; segregation.—
2178 (2) The source and use of each of these funds shall be as
2179 follows:
2180 (b)1. The trust funds shall consist of moneys received by
2181 the state which under law or under trust agreement are
2182 segregated for a purpose authorized by law. The state agency or
2183 branch of state government receiving or collecting such moneys
2184 is responsible for their proper expenditure as provided by law.
2185 Upon the request of the state agency or branch of state
2186 government responsible for the administration of the trust fund,
2187 the Chief Financial Officer may establish accounts within the
2188 trust fund at a level considered necessary for proper
2189 accountability. Once an account is established, the Chief
2190 Financial Officer may authorize payment from that account only
2191 upon determining that there is sufficient cash and releases at
2192 the level of the account.
2193 2. In addition to other trust funds created by law, to the
2194 extent possible, each agency shall use the following trust funds
2195 as described in this subparagraph for day-to-day operations:
2196 a. Operations or operating trust fund, for use as a
2197 depository for funds to be used for program operations funded by
2198 program revenues, with the exception of administrative
2199 activities when the operations or operating trust fund is a
2200 proprietary fund.
2201 b. Operations and maintenance trust fund, for use as a
2202 depository for client services funded by third-party payors.
2203 c. Administrative trust fund, for use as a depository for
2204 funds to be used for management activities that are departmental
2205 in nature and funded by indirect cost earnings and assessments
2206 against trust funds. Proprietary funds are excluded from the
2207 requirement of using an administrative trust fund.
2208 d. Grants and donations trust fund, for use as a depository
2209 for funds to be used for allowable grant or donor agreement
2210 activities funded by restricted contractual revenue from private
2211 and public nonfederal sources.
2212 e. Agency working capital trust fund, for use as a
2213 depository for funds to be used pursuant to s. 216.272.
2214 f. Clearing funds trust fund, for use as a depository for
2215 funds to account for collections pending distribution to lawful
2216 recipients.
2217 g. Federal grant trust fund, for use as a depository for
2218 funds to be used for allowable grant activities funded by
2219 restricted program revenues from federal sources.
2220
2221 To the extent possible, each agency must adjust its internal
2222 accounting to use existing trust funds consistent with the
2223 requirements of this subparagraph. If an agency does not have
2224 trust funds listed in this subparagraph and cannot make such
2225 adjustment, the agency must recommend the creation of the
2226 necessary trust funds to the Legislature no later than the next
2227 scheduled review of the agency’s trust funds pursuant to s.
2228 215.3206.
2229 3. All such moneys are hereby appropriated to be expended
2230 in accordance with the law or trust agreement under which they
2231 were received, subject always to the provisions of chapter 216
2232 relating to the appropriation of funds and to the applicable
2233 laws relating to the deposit or expenditure of moneys in the
2234 State Treasury.
2235 4.a. Notwithstanding any provision of law restricting the
2236 use of trust funds to specific purposes, unappropriated cash
2237 balances from selected trust funds may be authorized by the
2238 Legislature for transfer to the Budget Stabilization Fund and
2239 General Revenue Fund in the General Appropriations Act.
2240 b. This subparagraph does not apply to trust funds required
2241 by federal programs or mandates; trust funds established for
2242 bond covenants, indentures, or resolutions whose revenues are
2243 legally pledged by the state or public body to meet debt service
2244 or other financial requirements of any debt obligations of the
2245 state or any public body; the Division of Licensing Trust Fund
2246 in the Department of Agriculture and Consumer Services; the
2247 State Transportation Trust Fund; the trust fund containing the
2248 net annual proceeds from the Florida Education Lotteries; the
2249 Florida Retirement System Trust Fund; trust funds under the
2250 management of the State Board of Education or the Board of
2251 Governors of the State University System, where such trust funds
2252 are for auxiliary enterprises, self-insurance, and contracts,
2253 grants, and donations, as those terms are defined by general
2254 law; trust funds that serve as clearing funds or accounts for
2255 the Chief Financial Officer or state agencies; trust funds that
2256 account for assets held by the state in a trustee capacity as an
2257 agent or fiduciary for individuals, private organizations, or
2258 other governmental units; and other trust funds authorized by
2259 the State Constitution.
2260 Section 76. The text of s. 215.32(2)(b), Florida Statutes,
2261 as carried forward from chapter 2011-47, Laws of Florida, by
2262 this act, expires July 1, 2024, and the text of that paragraph
2263 shall revert to that in existence on June 30, 2011, except that
2264 any amendments to such text enacted other than by this act shall
2265 be preserved and continue to operate to the extent that such
2266 amendments are not dependent upon the portions of text which
2267 expire pursuant to this section.
2268 Section 77. In order to implement appropriations in the
2269 2023-2024 General Appropriations Act for state employee travel,
2270 the funds appropriated to each state agency which may be used
2271 for travel by state employees are limited during the 2023-2024
2272 fiscal year to travel for activities that are critical to each
2273 state agency’s mission. Funds may not be used for travel by
2274 state employees to foreign countries, other states, conferences,
2275 staff training activities, or other administrative functions
2276 unless the agency head has approved, in writing, that such
2277 activities are critical to the agency’s mission. The agency head
2278 shall consider using teleconferencing and other forms of
2279 electronic communication to meet the needs of the proposed
2280 activity before approving mission-critical travel. This section
2281 does not apply to travel for law enforcement purposes, military
2282 purposes, emergency management activities, or public health
2283 activities. This section expires July 1, 2024.
2284 Section 78. In order to implement appropriations in the
2285 2023-2024 General Appropriations Act for state employee travel
2286 and notwithstanding s. 112.061, Florida Statutes, costs for
2287 lodging associated with a meeting, conference, or convention
2288 organized or sponsored in whole or in part by a state agency or
2289 the judicial branch may not exceed $225 per day. An employee may
2290 expend his or her own funds for any lodging expenses in excess
2291 of $225 per day. For purposes of this section, a meeting does
2292 not include travel activities for conducting an audit,
2293 examination, inspection, or investigation or travel activities
2294 related to a litigation or emergency response. This section
2295 expires July 1, 2024.
2296 Section 79. In order to implement the appropriations and
2297 reappropriations authorized in the 2023-2024 General
2298 Appropriations Act, paragraph (d) of subsection (11) of section
2299 216.181, Florida Statutes, is amended to read:
2300 216.181 Approved budgets for operations and fixed capital
2301 outlay.—
2302 (11)
2303 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
2304 for the 2023-2024 2022-2023 fiscal year only, the Legislative
2305 Budget Commission may approve budget amendments for new fixed
2306 capital outlay projects or increase the amounts appropriated to
2307 state agencies for fixed capital outlay projects. This paragraph
2308 expires July 1, 2024 2023.
2309
2310 The provisions of this subsection are subject to the notice and
2311 objection procedures set forth in s. 216.177.
2312 Section 80. In order to implement Specific Appropriation
2313 2792 of the 2023-2024 General Appropriations Act, subsection (4)
2314 of section 350.0614, Florida Statutes, is amended to read:
2315 350.0614 Public Counsel; compensation and expenses.—
2316 (4) Notwithstanding subsection (1), the operating budget,
2317 as approved jointly by the President of the Senate and the
2318 Speaker of the House of Representatives from the moneys
2319 appropriated to the Public Counsel by the Legislature,
2320 constitutes the allocation under which the Public Counsel will
2321 manage the duties of his or her office. The Public Counsel:
2322 (a) Shall submit an annual budget request to the
2323 Legislature in the format, detail, and schedule determined by
2324 the President of the Senate and the Speaker of the House of
2325 Representatives.
2326 (b) May employ technical and clerical personnel and retain
2327 additional counsel and experts, including expert witnesses. In
2328 employing such personnel, retaining additional counsel and
2329 experts, and exercising all other administrative duties of the
2330 office, the Public Counsel must follow applicable provisions of
2331 the most recent version of the Joint Policies and Procedures of
2332 the Presiding Officers. Any guidance for administrative issues
2333 not addressed by the Joint Policies and Procedures of the
2334 Presiding Officers requires consultation and joint agreement of
2335 the President of the Senate and the Speaker of the House of
2336 Representatives.
2337
2338 This subsection expires July 1, 2024 2023.
2339 Section 81. In order to implement the salaries and
2340 benefits, expenses, other personal services, contracted
2341 services, special categories, and operating capital outlay
2342 categories of the 2023-2024 General Appropriations Act,
2343 paragraph (a) of subsection (2) of section 216.292, Florida
2344 Statutes, is amended to read:
2345 216.292 Appropriations nontransferable; exceptions.—
2346 (2) The following transfers are authorized to be made by
2347 the head of each department or the Chief Justice of the Supreme
2348 Court whenever it is deemed necessary by reason of changed
2349 conditions:
2350 (a) The transfer of appropriations funded from identical
2351 funding sources, except appropriations for fixed capital outlay,
2352 and the transfer of amounts included within the total original
2353 approved budget and plans of releases of appropriations as
2354 furnished pursuant to ss. 216.181 and 216.192, as follows:
2355 1. Between categories of appropriations within a budget
2356 entity, if no category of appropriation is increased or
2357 decreased by more than 5 percent of the original approved budget
2358 or $250,000, whichever is greater, by all action taken under
2359 this subsection.
2360 2. Between budget entities within identical categories of
2361 appropriations, if no category of appropriation is increased or
2362 decreased by more than 5 percent of the original approved budget
2363 or $250,000, whichever is greater, by all action taken under
2364 this subsection.
2365 3. Any agency exceeding salary rate established pursuant to
2366 s. 216.181(8) on June 30th of any fiscal year shall not be
2367 authorized to make transfers pursuant to subparagraphs 1. and 2.
2368 in the subsequent fiscal year.
2369 4. Notice of proposed transfers under subparagraphs 1. and
2370 2. shall be provided to the Executive Office of the Governor and
2371 the chairs of the legislative appropriations committees at least
2372 3 days prior to agency implementation in order to provide an
2373 opportunity for review. The review shall be limited to ensuring
2374 that the transfer is in compliance with the requirements of this
2375 paragraph.
2376 5. For the 2023-2024 fiscal year, the review shall ensure
2377 that transfers proposed pursuant to this paragraph comply with
2378 this chapter, maximize the use of available and appropriate
2379 trust funds, and are not contrary to legislative policy and
2380 intent. This subparagraph expires July 1, 2024.
2381 Section 82. In order to implement appropriations in the
2382 2023-2024 General Appropriations Act for the acquisitions of
2383 motor vehicles, and notwithstanding chapter 287, Florida
2384 Statutes, relating to the purchase of motor vehicles from a
2385 state term contract, state agencies may purchase vehicles from
2386 nonstate term contract vendors without prior approval from the
2387 Department of Management Services, provided the cost of the
2388 motor vehicle is equal to or less than the cost of a similar
2389 class of vehicle found on a state term contract and provided the
2390 funds for the purchase have been specifically appropriated. This
2391 section expires July 1, 2024.
2392 Section 83. In order to implement Specific Appropriation
2393 2871 in the 2023-2024 General Appropriations Act, and
2394 notwithstanding s. 255.25(3)(a), Florida Statutes, the
2395 Department of Management Services, the Executive Office of the
2396 Governor, the Commissioner of Agriculture, the Chief Financial
2397 Officer, and the Attorney General are authorized to enter into a
2398 lease as a lessee for the use of space in a privately owned
2399 building, even if such space is 5,000 square feet or more,
2400 without having to advertise or receive competitive
2401 solicitations. This section expires July 1, 2024.
2402 Section 84. Effective upon this act becoming a law, and in
2403 order to implement section 146 of the 2023-2024 General
2404 Appropriations Act:
2405 (1) The Department of Environmental Protection shall use
2406 the funds provided in section 146 of the 2023-2024 General
2407 Appropriations Act to negotiate and, upon a mutual agreement
2408 with any willing seller, purchase lands or interests in lands,
2409 subject to appraisals and pursuant to chapter 253, Florida
2410 Statutes, within the following land areas:
2411 (a) The Caloosahatchee Big Cypress Corridor, which consists
2412 of approximately 75,000 acres in Hendry and Collier Counties
2413 connecting the Florida Panther National Wildlife Refuge and the
2414 Big Cypress National Preserve to the Dinner Island Wildlife
2415 Management Area, the Okaloacoochee Slough State Forest, and the
2416 Corkscrew Regional Ecosystem Watershed Wildlife and
2417 Environmental Area; and
2418 (b) The Ocala-to-Osceola Wildlife Corridor, which consists
2419 of approximately 1.6 million acres in Alachua, Baker, Bradford,
2420 Clay, Columbia, Duval, Hamilton, Lake, Marion, Putnam, Union,
2421 and Volusia Counties connecting the Osceola National Forest to
2422 the Ocala National Forest.
2423 (2) To reduce the state’s land management costs, the
2424 Department of Environmental Protection shall offer, at the
2425 selling property owner’s option, negotiated terms for each
2426 property owner within the Caloosahatchee Big Cypress Corridor to
2427 lease all or a portion of the property for fair market value for
2428 agricultural purposes for 10-year terms.
2429 (a) Each lease must include, at the option of the lessee,
2430 at least two 5-year extensions, so long as the lessee is in
2431 compliance with the lease terms.
2432 (b) Any agricultural uses authorized may not be more
2433 intensive than historical or existing uses and must be
2434 authorized by any applicable agricultural land use designations.
2435 All agricultural practices must be conducted in compliance with
2436 the applicable best management practices adopted by the
2437 Department of Agriculture and Consumer Services.
2438 (3) The Department of Environmental Protection, in
2439 consultation with the other state lead land managers, shall
2440 perform a review of all land management activities, including
2441 costs, for state-owned conservation lands, including, but not
2442 limited to, prescribed burns, invasive plant and animal control,
2443 restoration and maintenance of natural habitats, mowing,
2444 recreation visitor services, capital improvements, and
2445 reforestation. The department shall analyze the costs,
2446 efficiencies, duplications of effort, or conflicts among
2447 managing entities and shall recommend whether the process
2448 including the funding for land management activities should be
2449 revised. The recommendations must include any statutory changes
2450 necessary to implement the recommendations. The department shall
2451 submit a report on its review and recommendations to the
2452 President of the Senate and the Speaker of the House of
2453 Representatives by January 1, 2024.
2454 (4) This section expires July 1, 2024.
2455 Section 85. In order to implement Specific Appropriation
2456 146 of the 2023-2024 General Appropriations Act, a county or
2457 municipal government may not adopt or amend a fertilizer
2458 management ordinance, pursuant to s. 403.9337, Florida Statutes,
2459 which provides for a prohibited application period not in
2460 existence on June 30, 2023. This section expires July 1, 2024.
2461 Section 86. Any section of this act which implements a
2462 specific appropriation or specifically identified proviso
2463 language in the 2023-2024 General Appropriations Act is void if
2464 the specific appropriation or specifically identified proviso
2465 language is vetoed. Any section of this act which implements
2466 more than one specific appropriation or more than one portion of
2467 specifically identified proviso language in the 2023-2024
2468 General Appropriations Act is void if all the specific
2469 appropriations or portions of specifically identified proviso
2470 language are vetoed.
2471 Section 87. If any other act passed during the 2023 Regular
2472 Session of the Legislature contains a provision that is
2473 substantively the same as a provision in this act, but that
2474 removes or is otherwise not subject to the future repeal applied
2475 to such provision by this act, the Legislature intends that the
2476 provision in the other act takes precedence and continues to
2477 operate, notwithstanding the future repeal provided by this act.
2478 Section 88. If any provision of this act or its application
2479 to any person or circumstance is held invalid, the invalidity
2480 does not affect other provisions or applications of the act
2481 which can be given effect without the invalid provision or
2482 application, and to this end the provisions of this act are
2483 severable.
2484 Section 89. Except as otherwise expressly provided in this
2485 act and except for this section, which shall take effect upon
2486 this act becoming a law, this act shall take effect July 1,
2487 2023, or, if this act fails to become a law until after that
2488 date, it shall take effect upon becoming a law and shall operate
2489 retroactively to July 1, 2023.
2490
2491 ================= T I T L E A M E N D M E N T ================
2492 And the title is amended as follows:
2493 Delete everything before the enacting clause
2494 and insert:
2495 A bill to be entitled
2496 An act implementing the 2023-2024 General
2497 Appropriations Act; providing legislative intent;
2498 incorporating by reference certain calculations of the
2499 Florida Education Finance Program; amending s.
2500 1009.895, F.S.; deleting definitions; requiring the
2501 Open Door Grant Program to be administered by
2502 specified entities; providing eligibility
2503 requirements; providing what costs the grant award may
2504 cover; providing requirements for the distribution of
2505 funds; requiring institutions to make specified
2506 reports to the Department of Education; deleting the
2507 requirement to distribute a specified grant in certain
2508 ratios; providing for the future expiration and
2509 reversion of specified statutory text; amending s.
2510 1002.68, F.S.; revising requirements relating to the
2511 Voluntary Prekindergarten Education Program; providing
2512 for the future expiration and reversion of specified
2513 statutory text; authorizing the Agency for Health Care
2514 Administration, in consultation with the Department of
2515 Health, to submit a budget amendment to realign
2516 funding for specified purposes; specifying
2517 requirements for such realignment; authorizing the
2518 Agency for Health Care Administration to request
2519 nonoperating budget authority for transferring certain
2520 federal funds to the Department of Health; authorizing
2521 the Agency for Health Care Administration to submit a
2522 budget amendment to realign Medicaid funding for
2523 specified purposes, subject to certain limitations;
2524 authorizing the Agency for Health Care Administration
2525 and the Department of Health to each submit a budget
2526 amendment to realign funding within the Florida
2527 Kidcare program appropriation categories or increase
2528 budget authority for certain purposes; specifying the
2529 time period within which each budget amendment must be
2530 submitted; amending s. 381.986, F.S.; extending for 1
2531 fiscal year the exemption of certain rules pertaining
2532 to the medical use of marijuana from certain
2533 rulemaking requirements; amending s. 14(1), chapter
2534 2017-232, Laws of Florida; exempting certain rules
2535 pertaining to medical marijuana adopted to replace
2536 emergency rules from specified rulemaking
2537 requirements; providing for the future expiration and
2538 reversion of specified law; authorizing the Agency for
2539 Health Care Administration to submit budget amendments
2540 seeking additional spending authority to implement
2541 specified programs and payments; requiring
2542 institutions participating in a specified workforce
2543 expansion and education program to provide quarterly
2544 reports to the agency; specifying that certain Letters
2545 of Agreement remain in effect for a specified time;
2546 authorizing intergovernmental transfer amounts in such
2547 letters to be modified in a specified manner;
2548 authorizing the Agency for Health Care Administration
2549 to submit a budget amendment seeking additional
2550 spending authority to implement the Low Income Pool
2551 component of the Florida Managed Medical Assistance
2552 Demonstration; requiring a signed attestation and
2553 acknowledgment for entities relating to the Low Income
2554 Pool; authorizing the Agency for Health Care
2555 Administration to submit a budget amendment to
2556 implement certain payments and specified programs;
2557 specifying that certain Letters of Agreement remain in
2558 effect for a specified time; authorizing
2559 intergovernmental transfer amounts in such letters to
2560 be modified in a specified manner; authorizing the
2561 Agency for Health Care Administration to submit a
2562 budget amendment requesting additional spending
2563 authority to implement a specified program;
2564 authorizing the Department of Children and Families to
2565 submit a budget amendment to realign funding within
2566 the specified areas of the department based on
2567 implementation of the Guardianship Assistance Program;
2568 authorizing the Department of Children and Families,
2569 Department of Health, and Agency for Health Care
2570 Administration to submit budget amendments to increase
2571 budget authority to support certain refugee programs;
2572 requiring the Department of Children and Families to
2573 submit quarterly reports to the Executive Office of
2574 the Governor and the Legislature; authorizing the
2575 Department of Children and Families to submit budget
2576 amendments to increase budget authority to support
2577 specified federal grant programs; authorizing the
2578 Department of Health to submit a budget amendment to
2579 increase budget authority for the Supplemental
2580 Nutrition Program for Women, Infants, and Children
2581 (WIC) and the Child Care Food Program if a certain
2582 condition is met; authorizing the Department of Health
2583 to submit a budget amendment to increase budget
2584 authority for the HIV/AIDS Prevention and Treatment
2585 Program if a certain condition is met; authorizing the
2586 Department of Health to submit a budget amendment to
2587 increase budget authority for the department if
2588 additional federal revenues specific to COVID-19
2589 relief funds become available; requiring the Agency
2590 for Health Care Administration to replace the Florida
2591 Medicaid Management Information System (FMMIS) and
2592 fiscal agent operations with a specified new system;
2593 specifying items that may not be included in the new
2594 system; providing directives to the Agency for Health
2595 Care Administration related to the new system, the
2596 Florida Health Care Connection (FX) system; requiring
2597 the Agency for Health Care Administration to meet
2598 certain requirements in replacing FMMIS and the
2599 current Medicaid fiscal agent; requiring the Agency
2600 for Health Care Administration to implement a project
2601 governance structure that includes an executive
2602 steering committee; providing procedures for use by
2603 the executive steering committee; providing
2604 responsibilities of the executive steering committee;
2605 requiring the Agency for Health Care Administration,
2606 in consultation with the Department of Health, the
2607 Agency for Persons with Disabilities, the Department
2608 of Children and Families, and the Department of
2609 Corrections, to competitively procure a contract with
2610 a vendor to negotiate prices for certain prescribed
2611 drugs and biological products; providing requirements
2612 for such contract; authorizing the Agency for Persons
2613 with Disabilities to submit budget amendments to
2614 transfer funding from the Salaries and Benefits
2615 appropriation categories for a specified purpose;
2616 amending s. 409.915, F.S.; revising the definition of
2617 the term “state Medicaid expenditures”; amending s.
2618 216.262, F.S.; extending for 1 fiscal year the
2619 authority of the Department of Corrections to submit a
2620 budget amendment for additional positions and
2621 appropriations under certain circumstances; requiring
2622 review and approval by the Legislative Budget
2623 Commission; amending s. 215.18, F.S.; extending for 1
2624 fiscal year the authority and related repayment
2625 requirements for temporary trust fund loans to the
2626 state court system which are sufficient to meet the
2627 system’s appropriation; requiring the Department of
2628 Juvenile Justice to review county juvenile detention
2629 payments to determine whether a county has met
2630 specified financial responsibilities; requiring
2631 amounts owed by the county for such financial
2632 responsibilities to be deducted from certain county
2633 funds; requiring the Department of Revenue to transfer
2634 withheld funds to a specified trust fund; requiring
2635 the Department of Revenue to ensure that such
2636 reductions in amounts distributed do not reduce
2637 distributions below amounts necessary for certain
2638 payments due on bonds and to comply with bond
2639 covenants; requiring the Department of Revenue to
2640 notify the Department of Juvenile Justice if bond
2641 payment requirements mandate a reduction in deductions
2642 for amounts owed by a county; reenacting s. 27.40(1),
2643 (2)(a), (3)(a), (5), (6), and (7), F.S., relating to
2644 court-appointed counsel; extending for 1 fiscal year
2645 provisions governing the appointment of court
2646 appointed counsel; providing for the future expiration
2647 and reversion of specified statutory text; reenacting
2648 and amending s. 27.5304, F.S.; revising compensation
2649 limits for representation pursuant to a court
2650 appointment for specified proceedings; extending for 1
2651 fiscal year limitations on compensation for
2652 representation in criminal proceedings; providing for
2653 the future expiration and reversion of specified
2654 statutory text; requiring the Department of Management
2655 Services to use tenant broker services to renegotiate
2656 or reprocure certain private lease agreements for
2657 office or storage space; requiring the Department of
2658 Management Services to provide a report to the
2659 Governor and the Legislature by a specified date;
2660 prohibiting an agency from transferring funds from a
2661 data processing category to another category that is
2662 not a data processing category; authorizing the
2663 Executive Office of the Governor to transfer funds
2664 between departments for purposes of aligning amounts
2665 paid for risk management insurance and for human
2666 resources services purchased per statewide contract;
2667 authorizing the Department of Management Services to
2668 use certain facility disposition funds from the
2669 Architects Incidental Trust Fund to pay for certain
2670 relocation expenses; authorizing the Department of
2671 Management Services to submit budget amendments for
2672 certain purposes related to the relocation;
2673 authorizing the Department of Management Services to
2674 acquire additional state-owned office buildings or
2675 property for inclusion in the Florida Facilities Pool;
2676 requiring the Department of Financial Services to
2677 replace specified components of the Florida Accounting
2678 Information Resource Subsystem (FLAIR) and the Cash
2679 Management Subsystem (CMS); specifying certain actions
2680 to be taken by the Department of Financial Services
2681 regarding FLAIR and CMS replacement; providing for the
2682 composition of an executive steering committee to
2683 oversee FLAIR and CMS replacement; prescribing duties
2684 and responsibilities of the executive steering
2685 committee; reenacting s. 282.709(3), F.S., relating to
2686 the state agency law enforcement radio system and
2687 interoperability network; providing for future
2688 expiration and reversion of specified statutory text;
2689 authorizing state agencies and other eligible users of
2690 the Statewide Law Enforcement Radio System to use the
2691 Department of Management Services contract to purchase
2692 equipment and services; requiring a specified
2693 transaction fee percentage for use of the online
2694 procurement system; amending s. 24.105, F.S.;
2695 specifying how Department of the Lottery rules are to
2696 be adopted, except certain rules for 1 fiscal year
2697 regarding the commission for lottery ticket sales;
2698 limiting additional retailer compensation in a
2699 specified manner; providing for the future expiration
2700 and reversion of specified statutory text; amending s.
2701 717.123, F.S.; requiring the Department of Financial
2702 Services to retain certain funds relating to unclaimed
2703 property and make specified payments; amending s.
2704 627.351, F.S.; authorizing the Citizens Property
2705 Insurance Corporation to adopt certain policy forms;
2706 authorizing the corporation to contract with the
2707 Division of Administrative Hearings to conduct certain
2708 proceedings and resolve specified disputes; amending
2709 s. 934.50, F.S.; creating the drone replacement grant
2710 program within the Department of Law Enforcement;
2711 providing requirements for the program and grant funds
2712 relating to the program; requiring the department to
2713 develop an application process for the program;
2714 authorizing the department to adopt rules; defining
2715 the term “law enforcement agency”; requiring the
2716 department to provide drones received through the
2717 program to the Florida Center for Cybersecurity;
2718 requiring the center to analyze the drones and provide
2719 findings or recommendations to the Department of
2720 Management Services; authorizing the Department of Law
2721 Enforcement to adopt emergency rules; providing that
2722 such emergency rules are effective for a specified
2723 period of time; authorizing such emergency rules to be
2724 renewed under certain circumstances; amending s.
2725 120.80, F.S.; specifying that certain rules adopted by
2726 the Florida Public Service Commission in a certain
2727 fiscal year are not subject to specified provisions;
2728 amending s. 215.18, F.S.; extending for 1 fiscal year
2729 the authority of the Governor, if there is a specified
2730 temporary deficiency in a land acquisition trust fund
2731 in the Department of Agriculture and Consumer
2732 Services, the Department of Environmental Protection,
2733 the Department of State, or the Fish and Wildlife
2734 Conservation Commission, to transfer funds from other
2735 trust funds in the State Treasury as a temporary loan
2736 to such trust fund; providing a deadline for the
2737 repayment of a temporary loan; requiring the
2738 Department of Environmental Protection to transfer
2739 designated proportions of the revenues deposited in
2740 the Land Acquisition Trust Fund within the department
2741 to land acquisition trust funds in the Department of
2742 Agriculture and Consumer Services, the Department of
2743 State, and the Fish and Wildlife Conservation
2744 Commission according to specified parameters and
2745 calculations; defining the term “department”;
2746 requiring the Department of Environmental Protection
2747 to make transfers to land acquisition trust funds
2748 monthly; specifying the method of determining transfer
2749 amounts; authorizing the Department of Environmental
2750 Protection to advance funds from its land acquisition
2751 trust fund to the Fish and Wildlife Conservation
2752 Commission’s land acquisition trust fund for specified
2753 purposes; amending s. 259.105, F.S.; providing for the
2754 distribution of proceeds from the Florida Forever
2755 Trust Fund for the 2023-2024 fiscal year; reenacting
2756 s. 570.93(1)(a), F.S., relating to the agricultural
2757 water conservation program of the Department of
2758 Agriculture and Consumer Services; extending for 1
2759 fiscal year provisions governing administration of a
2760 cost-share program; providing for the future
2761 expiration and reversion of specified statutory text;
2762 reenacting s. 376.3071(15)(g), F.S., relating to the
2763 Inland Protection Trust Fund; exempting specified
2764 costs incurred by certain petroleum storage system
2765 owners or operators during a specified period from the
2766 prohibition against making payments in excess of
2767 amounts approved by the Department of Environmental
2768 Protection; providing for the future expiration and
2769 reversion of specified statutory text; requiring the
2770 Department of Citrus to enter into agreements to
2771 expedite the increased production of certain citrus
2772 trees and commercialize certain technologies;
2773 specifying a timeframe for entering into such
2774 agreements; requiring a specified certification;
2775 amending s. 161.101, F.S.; extending for 1 fiscal year
2776 the authority of the Department of Environmental
2777 Protection to waive or reduce certain match
2778 requirements for specified counties; amending s. 10,
2779 chapter 2022-272, Laws of Florida; extending the
2780 Hurricane Restoration Reimbursement Grant Program for
2781 1 fiscal year; revising requirements to receive
2782 financial assistance grants under the program;
2783 revising cost-sharing requirements; amending s.
2784 321.04, F.S.; extending for 1 fiscal year the
2785 requirement that the Department of Highway Safety and
2786 Motor Vehicles assign one or more patrol officers to
2787 the office of Lieutenant Governor for security
2788 purposes, upon request of the Governor; extending for
2789 1 fiscal year the requirement that the Department of
2790 Highway Safety and Motor Vehicles assign a patrol
2791 officer to a Cabinet member under certain
2792 circumstances; amending s. 288.80125, F.S.; extending
2793 for 1 fiscal year a requirement that funds in the
2794 Triumph Gulf Coast Trust Fund be related to Hurricane
2795 Michael recovery; amending s. 288.8013, F.S.;
2796 authorizing earnings and interest generated by the
2797 Triumph Gulf Coast Trust Fund to be retained and used
2798 to make specified awards or for administrative costs;
2799 providing for the future expiration and reversion of
2800 specified statutory text; amending s. 339.08, F.S.;
2801 appropriating funds to the State Transportation Trust
2802 Fund from the General Revenue Fund as provided in the
2803 General Appropriations Act; deleting a requirement
2804 relating to the department tracking and accounting for
2805 certain funds; amending s. 339.135, F.S.; extending
2806 for 1 fiscal year the authority for the chair and vice
2807 chair of the Legislative Budget Commission to approve
2808 certain work program amendments under specified
2809 circumstances; creating s. 250.245, F.S.; establishing
2810 the Florida National Guard Joint Enlistment
2811 Enhancement Program within the Department of Military
2812 Affairs; providing the purpose of the program;
2813 defining the term “recruiting assistant”; providing
2814 eligibility requirements for participation in the
2815 program; requiring the Adjutant General to provide
2816 specified compensation to recruiting assistants;
2817 requiring the Department of Military Affairs, in
2818 cooperation with the Florida National Guard, to adopt
2819 rules; amending s. 288.0655, F.S.; extending for 1
2820 fiscal year a requirement that certain appropriated
2821 funds relating to the Rural Infrastructure Fund be
2822 distributed in a specified manner; authorizing the
2823 Division of Emergency Management to submit budget
2824 amendments to increase budget authority for certain
2825 project expenditures; amending s. 112.061, F.S.;
2826 extending for 1 fiscal year the authorization for the
2827 Lieutenant Governor to designate an alternative
2828 official headquarters under certain conditions;
2829 specifying restrictions, limitations, eligibility for
2830 the subsistence allowance, reimbursement of
2831 transportation expenses, and payment thereof;
2832 requiring the Department of Management Services to
2833 release certain competitive procurements by a
2834 specified date; providing requirements for such
2835 procurements; providing legislative intent;
2836 authorizing the Department of Management Services to
2837 enter into contracts that may require the payment of
2838 administrative fees under a specified amount;
2839 requiring the Department of Management Services to
2840 maintain and offer the same health insurance options
2841 for participants of the State Group Health Insurance
2842 Program for the 2023-2024 fiscal year as applied in
2843 the preceding fiscal year; requiring the Department of
2844 Management Services to assess an administrative health
2845 insurance assessment on each state agency; providing
2846 the rate of such assessment; defining the term “state
2847 agency”; providing how a state agency shall remit
2848 certain funds; requiring the Department of Management
2849 Services to take certain actions in case of
2850 delinquencies; requiring the Chief Financial Officer
2851 to transfer funds under specified circumstances;
2852 providing an exception; requiring state agencies to
2853 provide a list of positions that qualify for such
2854 exception by a specified date and to update the list
2855 monthly thereafter; requiring state agencies to
2856 include the administrative health insurance assessment
2857 in their indirect cost plan; requiring agencies to
2858 notify the Department of Management Services regarding
2859 the approval of their updated indirect cost plans;
2860 authorizing the Executive Office of the Governor to
2861 transfer budget authority between agencies in
2862 specified circumstances; providing that the annual
2863 salaries of the members of the Legislature be
2864 maintained at a specified level; reenacting s.
2865 215.32(2)(b), F.S., relating to the authorization for
2866 transferring unappropriated cash balances from
2867 selected trust funds to the Budget Stabilization Fund
2868 and General Revenue Fund; providing for future
2869 expiration and reversion of specific statutory text;
2870 specifying the type of travel which may be used with
2871 state employee travel funds; providing exceptions;
2872 providing a monetary cap on lodging costs for state
2873 employee travel to certain meetings organized or
2874 sponsored by a state agency or the judicial branch;
2875 authorizing employees to expend their own funds for
2876 lodging expenses that exceed the monetary caps;
2877 amending s. 216.181, F.S.; extending for 1 fiscal year
2878 the authority of the Legislative Budget Commission to
2879 approve budget amendments for certain fixed capital
2880 outlay projects; amending s. 350.0614, F.S.; extending
2881 for 1 fiscal year specified provisions governing the
2882 budget of the Public Counsel; amending s. 216.292,
2883 F.S.; providing requirements for certain transfers;
2884 authorizing state agencies to purchase vehicles from
2885 nonstate term contract vendors without prior approval
2886 from the Department of Management Services under
2887 certain circumstances; authorizing the Department of
2888 Management Services, the Executive Office of the
2889 Governor, the Commissioner of Agriculture, the Chief
2890 Financial Officer, and the Attorney General to enter
2891 into specified leases as a lessee without having to
2892 advertise or receive competitive solicitations;
2893 requiring the Department of Environmental Protection
2894 to use specified funds to purchase lands or interests
2895 in lands within certain areas; requiring the
2896 Department of Environmental Protection to offer
2897 specified leases; requiring the Department of
2898 Environmental Protection to perform a review of land
2899 management activities in consultation with other state
2900 lead land managers; requiring the Department of
2901 Environmental Protection to submit a report on its
2902 review and recommendations to the Legislature by a
2903 specified date; prohibiting a county or municipal
2904 government from adopting or amending certain
2905 fertilizer management ordinances; providing conditions
2906 under which the veto of certain appropriations or
2907 proviso language in the General Appropriations Act
2908 voids language that implements such appropriation;
2909 providing for the continued operation of certain
2910 provisions notwithstanding a future repeal or
2911 expiration provided by the act; providing
2912 severability; providing for contingent retroactivity;
2913 providing effective dates.
