Bill Text: FL S2502 | 2017 | Regular Session | Enrolled
Bill Title: Implementing the 2017-2018 General Appropriations Act
Spectrum: Committee Bill
Status: (Passed) 2017-06-05 - Chapter No. 2017-71, companion bill(s) passed, see CS/CS/CS/HB 865 (Ch. 2017-42), SB 2500 (Ch. 2017-70) [S2502 Detail]
Download: Florida-2017-S2502-Enrolled.html
ENROLLED
2017 Legislature SB 2502, 2nd Engrossed
20172502er
1
2 An act implementing the 2017-2018 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language;
8 providing an exception from cost per student station
9 limitations for the Dixie County Middle/High School
10 special facility project; amending s. 1008.46, F.S.;
11 revising the date by which the Board of Governors must
12 submit its annual accountability report for the 2017
13 2018 fiscal year; amending s. 1004.345, F.S.;
14 extending the date by which the Florida Polytechnic
15 University must meet certain criteria established by
16 the Board of Governors; reenacting s. 1009.986(4)(b),
17 F.S., relating to the Florida ABLE program; extending
18 by 1 fiscal year provisions regarding the
19 participation agreement for the program; providing for
20 the future expiration and reversion of specified
21 statutory text; incorporating by reference certain
22 calculations of the Medicaid Disproportionate Share
23 Hospital and Hospital Reimbursement programs;
24 authorizing the Agency for Health Care Administration,
25 in consultation with the Department of Health, to
26 submit a budget amendment to realign funding for a
27 component of the Children’s Medical Services program
28 based upon a specified model, methodology, and
29 framework; specifying requirements for such
30 realignment; authorizing the agency to request
31 nonoperating budget authority for transferring certain
32 federal funds to the Department of Health; authorizing
33 the Agency for Health Care Administration to make
34 Medicaid payments to qualifying Florida cancer
35 hospitals if certain conditions are met; authorizing
36 the agency to submit budget amendments regarding the
37 authority for the funding and the release of such
38 funds; requiring the inclusion of a plan for any
39 release of such funds; specifying criteria to be used
40 by the Agency for Persons with Disabilities in the
41 event that an allocation algorithm and methodology for
42 the iBudget system is no longer in effect; requiring
43 the Agency for Persons with Disabilities to contract
44 with an independent consultant to conduct a study of
45 transportation disadvantaged services; creating the
46 Task Force on Transportation Disadvantaged Services;
47 specifying the purpose of the task force; providing
48 for the composition and duties of the task force;
49 requiring the task force to submit a report to the
50 Governor and the Legislature by a specified date;
51 providing for termination of the task force; amending
52 s. 893.055, F.S.; prohibiting the Attorney General and
53 the Department of Health from using certain settlement
54 agreement funds to administer the prescription drug
55 monitoring program; amending s. 409.911, F.S.;
56 extending for 1 fiscal year the requirement that the
57 Agency for Health Care Administration distribute
58 moneys to hospitals that provide a disproportionate
59 share of Medicaid or charity care services as set
60 forth in the General Appropriations Act; amending s.
61 409.9113, F.S.; extending for 1 fiscal year the
62 requirement that the Agency for Health Care
63 Administration make disproportionate share payments to
64 teaching hospitals as set forth in the General
65 Appropriations Act; amending s. 216.262, F.S.;
66 extending for 1 fiscal year the authority of the
67 Department of Corrections to submit a budget amendment
68 for additional positions and appropriations under
69 certain circumstances; amending s. 215.18, F.S.;
70 extending for 1 fiscal year the authority and related
71 repayment requirements for temporary trust fund loans
72 to the state court system which are sufficient to meet
73 the system’s appropriation; amending s. 932.7055,
74 F.S.; extending for 1 fiscal year the authority for a
75 municipality to expend funds from its special law
76 enforcement trust fund to reimburse its general fund
77 for certain moneys advanced from the general fund;
78 authorizing the Department of Corrections to submit
79 certain budget amendments to transfer funds into the
80 Inmate Health Services category; providing that such
81 transfers are subject to notice, review, and objection
82 procedures; requiring the Department of Juvenile
83 Justice to review county juvenile detention payments
84 to determine whether the county has met specified
85 financial responsibilities; requiring amounts owed by
86 the county for such financial responsibilities to be
87 deducted from certain county funds; requiring the
88 Department of Revenue to transfer withheld funds to a
89 specified trust fund; requiring the Department of
90 Revenue to ensure that such reductions in amounts
91 distributed do not reduce distributions below amounts
92 necessary for certain payments due on bonds and comply
93 with bond covenants; requiring the Department of
94 Revenue to notify the Department of Juvenile Justice
95 if bond payment requirements require a reduction in
96 deductions for amounts owed by a county; prohibiting
97 the Department of Juvenile Justice from providing to
98 certain nonfiscally constrained counties
99 reimbursements or credits against identified juvenile
100 detention center costs under specified circumstances;
101 prohibiting a nonfiscally constrained county from
102 applying, deducting, or receiving such reimbursements
103 or credits; amending s. 27.5304, F.S.; establishing
104 certain limitations on compensation for private court
105 appointed counsel for the 2017-2018 fiscal year;
106 requiring the Justice Administrative Commission to
107 provide funds to the clerks of the circuit court for
108 specified uses related to jurors; providing procedures
109 for clerks of the circuit court to receive such funds;
110 providing an apportionment methodology if funds are
111 estimated to be insufficient to pay all amounts
112 requested; requiring the clerks of the circuit court
113 to pay amounts in excess of appropriated amounts;
114 requiring the Department of Management Services to use
115 tenant broker services to renegotiate or reprocure
116 certain private lease agreements for office or storage
117 space; requiring the Department of Management Services
118 to provide a report to the Governor and Legislature by
119 a specified date; amending s. 282.709, F.S.; revising
120 the composition of the Joint Task Force on State
121 Agency Law Enforcement Communications; specifying the
122 amount of the transaction fee to be collected for use
123 of the online procurement system; prohibiting an
124 agency from transferring funds from a data processing
125 category to another category that is not a data
126 processing category; authorizing the Executive Office
127 of the Governor to transfer funds appropriated for
128 data processing services between departments for a
129 specified purpose; authorizing the Executive Office of
130 the Governor to transfer funds between departments for
131 purposes of aligning amounts paid for risk management
132 insurance and for human resource management services;
133 requiring the Department of Financial Services to
134 replace specified components of the Florida Accounting
135 Information Resource Subsystem (FLAIR) and the Cash
136 Management Subsystem (CMS); specifying certain actions
137 to be taken by the Department of Financial Services
138 regarding FLAIR and CMS replacement; providing for the
139 composition of an executive steering committee to
140 oversee FLAIR and CMS replacement; prescribing duties
141 and responsibilities of the executive steering
142 committee; requiring executive branch state agencies
143 and the judicial branch to collaborate with the
144 Executive Office of the Governor regarding the
145 statewide travel management system and to use such
146 system; amending s. 216.181, F.S.; extending for 1
147 fiscal year the authority for the Legislative Budget
148 Commission to increase amounts appropriated to the
149 Fish and Wildlife Conservation Commission or the
150 Department of Environmental Protection for certain
151 fixed capital outlay projects from specified sources;
152 amending s. 215.18, F.S.; extending for 1 fiscal year
153 the authority of the Governor, if there is a specified
154 deficiency in a land acquisition trust fund in the
155 Department of Agriculture and Consumer Services, the
156 Department of Environmental Protection, the Department
157 of State, or the Fish and Wildlife Conservation
158 Commission, to transfer funds from other trust funds
159 in the State Treasury as a temporary loan to such
160 trust fund; providing procedures for the repayment of
161 a temporary loan; requiring the Department of
162 Environmental Protection to transfer designated
163 proportions of the revenues deposited in the Land
164 Acquisition Trust Fund within the department to land
165 acquisition trust funds in the Department of
166 Agriculture and Consumer Services, the Department of
167 State, and the Fish and Wildlife Conservation
168 Commission according to specified parameters and
169 calculations; defining the term “department”;
170 requiring the Department of Environmental Protection
171 to retain a proportionate share of revenues;
172 specifying a limit on distributions; requiring the
173 Department of Environmental Protection to make
174 transfers to land acquisition trust funds; specifying
175 the method of determining transfer amounts;
176 authorizing the Department of Environmental Protection
177 to advance funds from its land acquisition trust fund
178 to the Fish and Wildlife Conservation Commission’s
179 land acquisition trust fund for specified purposes;
180 requiring the Department of Environmental Protection
181 to prorate amounts transferred to the Fish and
182 Wildlife Conservation Commission; amending s. 375.041,
183 F.S.; specifying that certain funds for projects
184 dedicated to restoring Lake Apopka shall be
185 appropriated as provided under the General
186 Appropriations Act; amending s. 373.470, F.S.;
187 requiring distribution of funds to the South Florida
188 Water Management District from the Department of
189 Environmental Protection’s land acquisition trust fund
190 to be equally matched by cumulative district
191 contributions for certain Everglades restoration
192 efforts; providing for the future expiration and
193 reversion of specified statutory text; amending s.
194 216.181, F.S.; authorizing the Legislative Budget
195 Commission to increase amounts appropriated to the
196 Department of Environmental Protection for fixed
197 capital outlay projects using specified funds;
198 specifying additional information to be included in
199 budget amendments for projects requiring additional
200 funding; amending s. 339.135, F.S.; authorizing the
201 Department of Transportation to request the Executive
202 Office of the Governor to amend the adopted work
203 program for emergencies for certain projects, or
204 phases thereof; providing for the future expiration
205 and reversion of specified statutory text; requiring
206 the Department of Highway Safety and Motor Vehicles to
207 contract with a specified corporation to manufacture
208 current or newly redesigned license plates; requiring
209 that the price for such contract be the same as in the
210 previous fiscal year; creating a law enforcement
211 workgroup within the Department of Highway Safety and
212 Motor Vehicles; specifying the composition of the
213 workgroup; authorizing reimbursement for per diem and
214 travel expenses; prescribing duties of the workgroup;
215 requiring the Department of Highway Safety and Motor
216 Vehicles to provide administrative support and
217 contract with the University of South Florida’s Center
218 for Urban Transportation Research; requiring the
219 workgroup chair to submit recommendations to the
220 Governor and the Legislature by a specified date;
221 providing for termination of the workgroup; creating
222 s. 316.0898, F.S.; requiring the Department of
223 Transportation, in consultation with the Department of
224 Highway Safety and Motor Vehicles, to develop the
225 Florida Smart City Challenge grant program; specifying
226 requirements for applicants to the grant program;
227 establishing goals for the grant program; requiring
228 the Department of Transportation to develop specified
229 criteria for project grants and a plan for promotion
230 of the grant program; authorizing the Department of
231 Transportation to contract with a third party to
232 assist in the development of the grant program;
233 requiring the Department of Transportation to submit
234 certain information regarding the grant program to the
235 Governor and the Legislature by a specified date;
236 creating a workgroup on affordable housing assigned to
237 the Florida Housing Finance Corporation; specifying
238 the composition of the workgroup; requiring the
239 Florida Housing Finance Corporation to provide
240 administrative and staff support; authorizing
241 reimbursement for per diem and travel expenses for
242 workgroup members; requiring the workgroup to develop
243 recommendations regarding the state’s affordable
244 housing needs; requiring submission of a report to the
245 Governor and the Legislature by a specified date;
246 providing for termination of the workgroup; amending
247 s. 427.013, F.S.; extending for 1 fiscal year a
248 requirement that the Commission for the Transportation
249 Disadvantaged allocate and award appropriated funds
250 for specified purposes; amending s. 321.04, F.S.;
251 requiring the Department of Highway Safety and Motor
252 Vehicles to assign the patrol officer assigned to the
253 Office of the Governor to the Lieutenant Governor for
254 the 2017-2018 fiscal year; requiring the department to
255 assign a patrol officer to a Cabinet member under
256 certain circumstances; amending s. 311.07, F.S.;
257 waiving certain requirements regarding matching funds
258 and project eligibility for projects funded through
259 the Florida Seaport Transportation and Economic
260 Development Program; amending s. 339.135, F.S.;
261 providing legislative intent regarding the Department
262 of Transportation’s work program; authorizing the
263 Department of Transportation to realign budget
264 authority under specified circumstances; specifying
265 requirements; requiring the Department of
266 Transportation to submit certain documents to the
267 Legislative Budget Commission with its work program
268 amendment; amending s. 216.292, F.S.; specifying that
269 the required review of certain transfers of
270 appropriations ensure compliance with ch. 216, F.S.,
271 and are not contrary to legislative policy and intent;
272 prohibiting a state agency from initiating a
273 competitive solicitation for a product or service
274 under certain circumstances; providing an exception;
275 amending s. 112.24, F.S.; extending for 1 fiscal year
276 the authorization, subject to specified requirements,
277 for the assignment of an employee of a state agency
278 under an employee interchange agreement; providing
279 that the annual salaries of the members of the
280 Legislature shall be maintained at a specified level;
281 reenacting s. 215.32(2)(b), F.S., relating to the
282 source and use of certain trust funds; providing for
283 the future expiration and reversion of statutory text;
284 limiting the use of travel funds to activities that
285 are critical to an agency’s mission; providing
286 exceptions; placing a monetary cap on lodging expenses
287 for state employee travel to certain meetings
288 organized or sponsored by a state agency or the
289 judicial branch; authorizing employees to expend their
290 own funds for lodging expenses in excess of the
291 monetary caps; prohibiting state agencies from
292 entering into contracts containing certain
293 nondisclosure agreements; providing conditions under
294 which the veto of certain appropriations or proviso
295 language in the General Appropriations Act voids
296 language that implements such appropriation; providing
297 for the continued operation of certain provisions
298 notwithstanding a future repeal or expiration provided
299 by the act; providing severability; providing
300 effective dates.
301
302 Be It Enacted by the Legislature of the State of Florida:
303
304 Section 1. It is the intent of the Legislature that the
305 implementing and administering provisions of this act apply to
306 the General Appropriations Act for the 2017-2018 fiscal year.
307 Section 2. In order to implement Specific Appropriations 7,
308 8, 9, 91, and 92 of the 2017-2018 General Appropriations Act,
309 the calculations of the Florida Education Finance Program for
310 the 2017-2018 fiscal year included in the document titled
311 “Public School Funding: The Florida Education Finance Program,”
312 dated May 5, 2017, and filed with the Secretary of the Senate,
313 are incorporated by reference for the purpose of displaying the
314 calculations used by the Legislature, consistent with the
315 requirements of state law, in making appropriations for the
316 Florida Education Finance Program. This section expires July 1,
317 2018.
318 Section 3. In order to implement Specific Appropriations 7
319 and 91 of the 2017-2018 General Appropriations Act, and
320 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
321 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
322 expenditure of funds provided for instructional materials, for
323 the 2017-2018 fiscal year, funds provided for instructional
324 materials shall be released and expended as required in the
325 proviso language for Specific Appropriation 91 of the 2017-2018
326 General Appropriations Act. This section expires July 1, 2018.
327 Section 4. In order to implement Specific Appropriation 22
328 of the 2017-2018 General Appropriations Act, for the 2017-2018
329 fiscal year only and notwithstanding s. 1013.64(2)(a)6., Florida
330 Statutes, the Dixie County Middle/High School special facility
331 project may exceed the cost per student station. This section
332 expires July 1, 2018.
333 Section 5. In order to implement Specific Appropriation 154
334 of the 2017-2018 General Appropriations Act, upon the expiration
335 and reversion of the amendment to section 1008.46, Florida
336 Statutes, pursuant to section 11 of chapter 2016-62, Laws of
337 Florida, subsection (1) of section 1008.46, Florida Statutes, is
338 amended to read:
339 1008.46 State university accountability process.—It is the
340 intent of the Legislature that an accountability process be
341 implemented that provides for the systematic, ongoing evaluation
342 of quality and effectiveness of state universities. It is
343 further the intent of the Legislature that this accountability
344 process monitor performance at the system level in each of the
345 major areas of instruction, research, and public service, while
346 recognizing the differing missions of each of the state
347 universities. The accountability process shall provide for the
348 adoption of systemwide performance standards and performance
349 goals for each standard identified through a collaborative
350 effort involving state universities, the Board of Governors, the
351 Legislature, and the Governor’s Office, consistent with
352 requirements specified in s. 1001.706. These standards and goals
353 shall be consistent with s. 216.011(1) to maintain congruity
354 with the performance-based budgeting process. This process
355 requires that university accountability reports reflect measures
356 defined through performance-based budgeting. The performance
357 based budgeting measures must also reflect the elements of
358 teaching, research, and service inherent in the missions of the
359 state universities.
360 (1)(a) By December 31 of each year, the Board of Governors
361 shall submit an annual accountability report providing
362 information on the implementation of performance standards,
363 actions taken to improve university achievement of performance
364 goals, the achievement of performance goals during the prior
365 year, and initiatives to be undertaken during the next year. The
366 accountability reports shall be designed in consultation with
367 the Governor’s Office, the Office of Program Policy Analysis and
368 Government Accountability, and the Legislature.
369 (b) Notwithstanding paragraph (a), for the 2017-2018 fiscal
370 year, the Board of Governors shall submit the annual
371 accountability report by March 15, 2018. This paragraph expires
372 July 1, 2018.
373 Section 6. In order to implement Specific Appropriation 141
374 of the 2017-2018 General Appropriations Act, upon the expiration
375 and reversion of the amendment to section 1004.345, Florida
376 Statutes, pursuant to section 36 of chapter 2016-62, Laws of
377 Florida, subsection (1) of section 1004.345, Florida Statutes,
378 is amended to read:
379 1004.345 The Florida Polytechnic University.—
380 (1) By December 31, 2017 2016, the Florida Polytechnic
381 University shall meet the following criteria as established by
382 the Board of Governors:
383 (a) Achieve accreditation from the Commission on Colleges
384 of the Southern Association of Colleges and Schools;
385 (b) Initiate the development of the new programs in the
386 fields of science, technology, engineering, and mathematics;
387 (c) Seek discipline-specific accreditation for programs;
388 (d) Attain a minimum FTE of 1,244, with a minimum 50
389 percent of that FTE in the fields of science, technology,
390 engineering, and mathematics and 20 percent in programs related
391 to those fields;
392 (e) Complete facilities and infrastructure, including the
393 Science and Technology Building, Phase I of the Wellness Center,
394 and a residence hall or halls containing no fewer than 190 beds;
395 and
396 (f) Have the ability to provide, either directly or where
397 feasible through a shared services model, administration of
398 financial aid, admissions, student support, information
399 technology, and finance and accounting with an internal audit
400 function.
401 Section 7. In order to implement Specific Appropriation 69
402 of the 2017-2018 General Appropriations Act, and notwithstanding
403 the expiration date in section 36 of chapter 2016-62, Laws of
404 Florida, paragraph (b) of subsection (4) of section 1009.986,
405 Florida Statutes, is reenacted to read:
406 1009.986 Florida ABLE program.—
407 (4) FLORIDA ABLE PROGRAM.—
408 (b) The participation agreement must include provisions
409 specifying:
410 1. The participation agreement is only a debt or obligation
411 of the Florida ABLE program and the Florida ABLE Program Trust
412 Fund and, as provided under paragraph (f), is not a debt or
413 obligation of the Florida Prepaid College Board or the state.
414 2. Participation in the Florida ABLE program does not
415 guarantee that sufficient funds will be available to cover all
416 qualified disability expenses for any designated beneficiary and
417 does not guarantee the receipt or continuation of any product or
418 service for the designated beneficiary.
419 3. Whether the Florida ABLE program requires a designated
420 beneficiary to be a resident of this state or a resident of a
421 contracting state at the time the ABLE account is established.
422 In determining whether to require residency, the Florida Prepaid
423 College Board shall consider, among other factors:
424 a. Market research; and
425 b. Estimated operating revenues and costs.
426 4. The establishment of an ABLE account in violation of
427 federal law is prohibited.
428 5. Contributions in excess of the limitations set forth in
429 s. 529A of the Internal Revenue Code are prohibited.
430 6. The state is a creditor of ABLE accounts as, and to the
431 extent, set forth in s. 529A of the Internal Revenue Code.
432 7. Material misrepresentations by a party to the
433 participation agreement, other than Florida ABLE, Inc., in the
434 application for the participation agreement or in any
435 communication with Florida ABLE, Inc., regarding the Florida
436 ABLE program may result in the involuntary liquidation of the
437 ABLE account. If an account is involuntarily liquidated, the
438 designated beneficiary is entitled to a refund, subject to any
439 fees or penalties provided by the participation agreement and
440 the Internal Revenue Code.
441 Section 8. The text of s. 1009.986(4)(b), Florida Statutes,
442 as carried forward from chapter 2016-62, Laws of Florida, in
443 this act, expires July 1, 2018, and the text of that paragraph
444 shall revert to that in existence on June 30, 2016, except that
445 any amendments to such text enacted other than by this act shall
446 be preserved and continue to operate to the extent that such
447 amendments are not dependent upon the portions of text which
448 expire pursuant to this section.
449 Section 9. In order to implement Specific Appropriations
450 198, 199, 203, and 207 of the 2017-2018 General Appropriations
451 Act, the calculations for the Medicaid Disproportionate Share
452 Hospital and Hospital Reimbursement programs for the 2017-2018
453 fiscal year contained in the document titled “Medicaid Hospital
454 Funding Programs,” dated May 5, 2017, and filed with the
455 Secretary of the Senate, are incorporated by reference for the
456 purpose of displaying the calculations used by the Legislature,
457 consistent with the requirements of state law, in making
458 appropriations for the Medicaid Disproportionate Share Hospital
459 and Hospital Reimbursement programs. This section expires July
460 1, 2018.
461 Section 10. In order to implement Specific Appropriations
462 191 through 212A and 522 of the 2017-2018 General Appropriations
463 Act, and notwithstanding ss. 216.181 and 216.292, Florida
464 Statutes, the Agency for Health Care Administration, in
465 consultation with the Department of Health, may submit a budget
466 amendment, subject to the notice, review, and objection
467 procedures of s. 216.177, Florida Statutes, to realign funding
468 within and between agencies based on implementation of the
469 Managed Medical Assistance component of the Statewide Medicaid
470 Managed Care program for the Children’s Medical Services program
471 of the Department of Health. The funding realignment shall
472 reflect the actual enrollment changes due to the transfer of
473 beneficiaries from fee-for-service to the capitated Children’s
474 Medical Services Network. The Agency for Health Care
475 Administration may submit a request for nonoperating budget
476 authority to transfer the federal funds to the Department of
477 Health pursuant to s. 216.181(12), Florida Statutes. This
478 section expires July 1, 2018.
479 Section 11. In order to implement Specific Appropriations
480 198, 203, and 207 of the 2017-2018 General Appropriations Act,
481 and subject to federal authorization and the availability of
482 intergovernmental transfer (IGT) funds, the Agency for Health
483 Care Administration is authorized to make Medicaid payments on a
484 cost basis to qualifying Florida cancer hospitals that meet the
485 criteria in 42 U.S.C. s. 1395ww(d)(1)(B)(v) and are members of
486 the Alliance of Dedicated Cancer Centers. Once federal approval
487 is granted and IGT funds are available, the agency is authorized
488 to submit budget amendments requesting the authority for this
489 funding and the release of funds pursuant to the provisions of
490 chapter 216, Florida Statutes. Any release of the funds shall
491 include a plan for how the funds will be dispersed for the
492 purposes specified in this section. This section expires July 1,
493 2018.
494 Section 12. In order to implement Specific Appropriation
495 241 of the 2017-2018 General Appropriations Act:
496 (1) If during the 2017-2018 fiscal year, the Agency for
497 Persons with Disabilities ceases to have an allocation algorithm
498 and methodology adopted by valid rule pursuant to s. 393.0662,
499 Florida Statutes, the agency shall use the following until it
500 adopts a new allocation algorithm and methodology:
501 (a) Each client’s iBudget in effect as of the date the
502 agency ceases to have an allocation algorithm and methodology
503 adopted by valid rule pursuant to s. 393.0662, Florida Statutes,
504 shall remain at that funding level.
505 (b) The Agency for Persons with Disabilities shall
506 determine the iBudget for a client newly enrolled in the home
507 and community-based services waiver program using the same
508 allocation algorithm and methodology used for the iBudgets
509 determined between January 1, 2017, and June 30, 2017.
510 (2) After a new allocation algorithm and methodology is
511 adopted by final rule, a client’s new iBudget shall be
512 determined based on the new allocation algorithm and methodology
513 and shall take effect as of the client’s next support plan
514 update.
515 (3) Funding allocated under subsections (1) and (2) may be
516 increased pursuant to s. 393.0662(1)(b), Florida Statutes, or as
517 necessary to comply with federal regulations.
518 (4) This section expires July 1, 2018.
519 Section 13. Effective upon this act becoming a law and in
520 order to implement Specific Appropriation 249 of the 2017-2018
521 General Appropriations Act:
522 (1) The Agency for Persons with Disabilities shall contract
523 with an independent consultant to examine the state’s
524 transportation disadvantaged services, how such services are
525 provided in urban and nonurbanized areas and how to assist in
526 the development and use of different provider models.
527 (2) There is created the Task Force on Transportation
528 Disadvantaged Services, a task force as defined in s. 20.03,
529 Florida Statutes. The task force is assigned to the Agency for
530 Persons with Disabilities; however, the Commission for the
531 Transportation Disadvantaged shall also assist the task force in
532 carrying out its duties and responsibilities. The purpose of the
533 task force is to examine the design and use of transportation
534 disadvantaged services, considering at least the following:
535 (a) The use of regional fare payment systems;
536 (b) The improvement of transportation disadvantaged
537 services in both urban and nonurbanized areas;
538 (c) The use of intercity and intercounty bus
539 transportation; and
540 (d) The use of private providers or transportation network
541 companies.
542 (3) The task force is composed of the following members:
543 (a) The director of the Agency for Persons with
544 Disabilities or his or her designee.
545 (b) The executive director of the Commission for the
546 Transportation Disadvantaged or his or her designee.
547 (c) The community transportation coordinators for Alachua,
548 Jackson, Miami-Dade, and Pinellas Counties.
549 (d) Two individuals who currently use transportation
550 disadvantaged services, one appointed by the agency director and
551 the other appointed by the executive director of the commission.
552 (e) A representative of the Florida Developmental
553 Disabilities Council.
554 (f) A representative of Family Care Council Florida.
555 (4) At a minimum, the task force shall consider:
556 (a) Routing improvement to minimize passenger transfers or
557 wait times;
558 (b) The ability to provide transportation disadvantaged
559 services between specific origins and destinations selected by
560 the individual user at a time that is agreed upon by the user
561 and the provider of the service; and
562 (c) The provision of transportation disadvantaged services
563 to individual users to allow them to access health care, places
564 of employment, education, and other life-sustaining activities
565 in a cost-effective and efficient manner, while reducing
566 fragmentation and duplication of services.
567 (5) The task force shall submit a report that, at a
568 minimum, includes its findings and recommendations to the
569 Governor, the President of the Senate, and the Speaker of the
570 House of Representatives by December 15, 2017, at which time the
571 task force shall terminate.
572 Section 14. In order to implement Specific Appropriations
573 532 through 542 of the 2017-2018 General Appropriations Act,
574 subsection (18) is added to section 893.055, Florida Statutes,
575 to read:
576 893.055 Prescription drug monitoring program.—
577 (18) For the 2017-2018 fiscal year only, neither the
578 Attorney General nor the department may use funds received as
579 part of a settlement agreement to administer the prescription
580 drug monitoring program. This subsection expires July 1, 2018.
581 Section 15. In order to implement Specific Appropriation
582 199 of the 2017-2018 General Appropriations Act, subsection (10)
583 of section 409.911, Florida Statutes, is amended to read:
584 409.911 Disproportionate share program.—Subject to specific
585 allocations established within the General Appropriations Act
586 and any limitations established pursuant to chapter 216, the
587 agency shall distribute, pursuant to this section, moneys to
588 hospitals providing a disproportionate share of Medicaid or
589 charity care services by making quarterly Medicaid payments as
590 required. Notwithstanding the provisions of s. 409.915, counties
591 are exempt from contributing toward the cost of this special
592 reimbursement for hospitals serving a disproportionate share of
593 low-income patients.
594 (10) Notwithstanding any provision of this section to the
595 contrary, for the 2017-2018 2016-2017 state fiscal year, the
596 agency shall distribute moneys to hospitals providing a
597 disproportionate share of Medicaid or charity care services as
598 provided in the 2017-2018 2016-2017 General Appropriations Act.
599 This subsection expires July 1, 2018 2017.
600 Section 16. In order to implement Specific Appropriation
601 199 of the 2017-2018 General Appropriations Act, subsection (3)
602 of section 409.9113, Florida Statutes, is amended to read:
603 409.9113 Disproportionate share program for teaching
604 hospitals.—In addition to the payments made under s. 409.911,
605 the agency shall make disproportionate share payments to
606 teaching hospitals, as defined in s. 408.07, for their increased
607 costs associated with medical education programs and for
608 tertiary health care services provided to the indigent. This
609 system of payments must conform to federal requirements and
610 distribute funds in each fiscal year for which an appropriation
611 is made by making quarterly Medicaid payments. Notwithstanding
612 s. 409.915, counties are exempt from contributing toward the
613 cost of this special reimbursement for hospitals serving a
614 disproportionate share of low-income patients. The agency shall
615 distribute the moneys provided in the General Appropriations Act
616 to statutorily defined teaching hospitals and family practice
617 teaching hospitals, as defined in s. 395.805, pursuant to this
618 section. The funds provided for statutorily defined teaching
619 hospitals shall be distributed as provided in the General
620 Appropriations Act. The funds provided for family practice
621 teaching hospitals shall be distributed equally among family
622 practice teaching hospitals.
623 (3) Notwithstanding any provision of this section to the
624 contrary, for the 2017-2018 2016-2017 state fiscal year, the
625 agency shall make disproportionate share payments to teaching
626 hospitals, as defined in s. 408.07, as provided in the 2017-2018
627 2016-2017 General Appropriations Act. This subsection expires
628 July 1, 2018 2017.
629 Section 17. In order to implement Specific Appropriations
630 582 through 706 and 722 through 756 of the 2017-2018 General
631 Appropriations Act, subsection (4) of section 216.262, Florida
632 Statutes, is amended to read:
633 216.262 Authorized positions.—
634 (4) Notwithstanding the provisions of this chapter relating
635 to increasing the number of authorized positions, and for the
636 2017-2018 2016-2017 fiscal year only, if the actual inmate
637 population of the Department of Corrections exceeds the inmate
638 population projections of the February 23, 2017 December 17,
639 2015, Criminal Justice Estimating Conference by 1 percent for 2
640 consecutive months or 2 percent for any month, the Executive
641 Office of the Governor, with the approval of the Legislative
642 Budget Commission, shall immediately notify the Criminal Justice
643 Estimating Conference, which shall convene as soon as possible
644 to revise the estimates. The Department of Corrections may then
645 submit a budget amendment requesting the establishment of
646 positions in excess of the number authorized by the Legislature
647 and additional appropriations from unallocated general revenue
648 sufficient to provide for essential staff, fixed capital
649 improvements, and other resources to provide classification,
650 security, food services, health services, and other variable
651 expenses within the institutions to accommodate the estimated
652 increase in the inmate population. All actions taken pursuant to
653 this subsection are subject to review and approval by the
654 Legislative Budget Commission. This subsection expires July 1,
655 2018 2017.
656 Section 18. In order to implement Specific Appropriations
657 3145 through 3212 of the 2017-2018 General Appropriations Act,
658 subsection (2) of section 215.18, Florida Statutes, is amended
659 to read:
660 215.18 Transfers between funds; limitation.—
661 (2) The Chief Justice of the Supreme Court may receive one
662 or more trust fund loans to ensure that the state court system
663 has funds sufficient to meet its appropriations in the 2017-2018
664 2016-2017 General Appropriations Act. If the Chief Justice
665 accesses the loan, he or she must notify the Governor and the
666 chairs of the legislative appropriations committees in writing.
667 The loan must come from other funds in the State Treasury which
668 are for the time being or otherwise in excess of the amounts
669 necessary to meet the just requirements of such last-mentioned
670 funds. The Governor shall order the transfer of funds within 5
671 days after the written notification from the Chief Justice. If
672 the Governor does not order the transfer, the Chief Financial
673 Officer shall transfer the requested funds. The loan of funds
674 from which any money is temporarily transferred must be repaid
675 by the end of the 2017-2018 2016-2017 fiscal year. This
676 subsection expires July 1, 2018 2017.
677 Section 19. In order to implement Specific Appropriations
678 1228 and 1234 of the 2017-2018 General Appropriations Act,
679 paragraph (d) of subsection (4) of section 932.7055, Florida
680 Statutes, is amended to read:
681 932.7055 Disposition of liens and forfeited property.—
682 (4) The proceeds from the sale of forfeited property shall
683 be disbursed in the following priority:
684 (d) Notwithstanding any other provision of this subsection,
685 and for the 2017-2018 2016-2017 fiscal year only, the funds in a
686 special law enforcement trust fund established by the governing
687 body of a municipality may be expended to reimburse the general
688 fund of the municipality for moneys advanced from the general
689 fund to the special law enforcement trust fund before October 1,
690 2001. This paragraph expires July 1, 2018 2017.
691 Section 20. In order to implement Specific Appropriation
692 727, and notwithstanding s. 216.292, Florida Statutes, the
693 Department of Corrections is authorized to submit budget
694 amendments to transfer funds from categories within the
695 department other than fixed capital outlay categories into the
696 Inmate Health Services category in order to continue the current
697 level of care in the provision of health services. Such
698 transfers are subject to the notice, review, and objection
699 procedures of s. 216.177, Florida Statutes. This section expires
700 July 1, 2018.
701 Section 21. (1) In order to implement Specific
702 Appropriations 1104 through 1116A of the 2017-2018 General
703 Appropriations Act, the Department of Juvenile Justice is
704 required to review county juvenile detention payments to ensure
705 that counties fulfill their financial responsibilities required
706 in s. 985.6865, Florida Statutes. If the Department of Juvenile
707 Justice determines that a county has not met its obligations,
708 the department shall direct the Department of Revenue to deduct
709 the amount owed to the Department of Juvenile Justice from the
710 funds provided to the county under s. 218.23, Florida Statutes.
711 The Department of Revenue shall transfer the funds withheld to
712 the Shared County/State Juvenile Detention Trust Fund.
713 (2) As an assurance to holders of bonds issued by counties
714 before July 1, 2017, for which distributions made pursuant to s.
715 218.23, Florida Statutes, are pledged, or bonds issued to refund
716 such bonds which mature no later than the bonds they refunded
717 and which result in a reduction of debt service payable in each
718 fiscal year, the amount available for distribution to a county
719 shall remain as provided by law and continue to be subject to
720 any lien or claim on behalf of the bondholders. The Department
721 of Revenue must ensure, based on information provided by an
722 affected county, that any reduction in amounts distributed
723 pursuant to subsection (1) does not reduce the amount of
724 distribution to a county below the amount necessary for the
725 timely payment of principal and interest when due on the bonds
726 and the amount necessary to comply with any covenant under the
727 bond resolution or other documents relating to the issuance of
728 the bonds. If a reduction to a county’s monthly distribution
729 must be decreased in order to comply with this subsection, the
730 Department of Revenue must notify the Department of Juvenile
731 Justice of the amount of the decrease, and the Department of
732 Juvenile Justice must send a bill for payment of such amount to
733 the affected county.
734 (3) This section expires July 1, 2018.
735 Section 22. In order to implement Specific Appropriations
736 1104 through 1116A of the 2017-2018 General Appropriations Act,
737 the Department of Juvenile Justice may not provide, make, pay,
738 or deduct, and a nonfiscally constrained county may not apply,
739 deduct, or receive any reimbursement or any credit for any
740 previous overpayment of juvenile detention care costs related to
741 or for any previous state fiscal year, against the juvenile
742 detention care costs due from the nonfiscally constrained county
743 in the 2017-2018 fiscal year pursuant to s. 985.686, Florida
744 Statutes, or any other law. This section expires July 1, 2018.
745 Section 23. In order to implement Specific Appropriation
746 782 of the 2017-2018 General Appropriations Act, subsection (13)
747 is added to section 27.5304, Florida Statutes, to read:
748 27.5304 Private court-appointed counsel; compensation;
749 notice.—
750 (13) Notwithstanding the limitation set forth in subsection
751 (5) and for the 2017-2018 fiscal year only, the compensation for
752 representation in a criminal proceeding may not exceed the
753 following:
754 (a) For misdemeanors and juveniles represented at the trial
755 level: $1,000.
756 (b) For noncapital, nonlife felonies represented at the
757 trial level: $15,000.
758 (c) For life felonies represented at the trial level:
759 $15,000.
760 (d) For capital cases represented at the trial level:
761 $25,000. For purposes of this paragraph, a “capital case” is any
762 offense for which the potential sentence is death and the state
763 has not waived seeking the death penalty.
764 (e) For representation on appeal: $9,000.
765 (f) This subsection expires July 1, 2018.
766 Section 24. In order to implement Specific Appropriation
767 774 of the 2017-2018 General Appropriations Act, and
768 notwithstanding ss. 28.35 and 40.24, Florida Statutes, the
769 Justice Administrative Commission shall provide funds to the
770 clerks of the circuit court to pay compensation to jurors, for
771 meals or lodging provided to jurors, and for jury-related
772 personnel costs as provided in this section. Each clerk of the
773 circuit court shall forward to the Justice Administrative
774 Commission a quarterly estimate of funds necessary to pay
775 compensation to jurors and for meals or lodging provided to
776 jurors. The Florida Clerks of Court Operations Corporation shall
777 forward to the Justice Administrative Commission a quarterly
778 estimate of jury-related personnel costs necessary to pay each
779 clerk of the circuit court personnel costs related to jury
780 management. Upon receipt of such estimates, the Justice
781 Administrative Commission shall endorse the amount deemed
782 necessary for payment to the clerks of the circuit court during
783 the quarter and shall submit a request for payment to the Chief
784 Financial Officer. If the Justice Administrative Commission
785 believes that the amount appropriated by the Legislature is
786 insufficient to meet such costs during the remaining part of the
787 state fiscal year, the commission may apportion the funds
788 appropriated in the General Appropriations Act for those
789 purposes among the several counties, basing the apportionment
790 upon the amount expended for such purposes in each county during
791 the prior fiscal year. In that case, the Chief Financial Officer
792 shall only issue the appropriate apportioned amount by warrant
793 to each county. The clerks of the circuit court are responsible
794 for any costs of compensation to jurors, for meals or lodging
795 provided to jurors, and for jury-related personnel costs that
796 exceed the funding provided in the General Appropriations Act
797 for these purposes. This section expires July 1, 2018.
798 Section 25. In order to implement appropriations used to
799 pay existing lease contracts for private lease space in excess
800 of 2,000 square feet in the 2017-2018 General Appropriations
801 Act, the Department of Management Services, with the cooperation
802 of the agencies having the existing lease contracts for office
803 or storage space, shall use tenant broker services to
804 renegotiate or reprocure all private lease agreements for office
805 or storage space expiring between July 1, 2018, and June 30,
806 2020, in order to reduce costs in future years. The department
807 shall incorporate this initiative into its 2017 master leasing
808 report required under s. 255.249(7), Florida Statutes, and may
809 use tenant broker services to explore the possibilities of
810 collocating office or storage space, to review the space needs
811 of each agency, and to review the length and terms of potential
812 renewals or renegotiations. The department shall provide a
813 report to the Executive Office of the Governor, the President of
814 the Senate, and the Speaker of the House of Representatives by
815 November 1, 2017, which lists each lease contract for private
816 office or storage space, the status of renegotiations, and the
817 savings achieved. This section expires July 1, 2018.
818 Section 26. In order to implement Specific Appropriations
819 2864 through 2876A of the 2017-2018 General Appropriations Act,
820 upon the expiration and reversion of the amendment to section
821 282.709, Florida Statutes, pursuant to section 72 of chapter
822 2016-62, Laws of Florida, paragraph (a) of subsection (2) of
823 section 282.709, Florida Statutes, is amended to read:
824 282.709 State agency law enforcement radio system and
825 interoperability network.—
826 (2) The Joint Task Force on State Agency Law Enforcement
827 Communications is created adjunct to the department to advise
828 the department of member-agency needs relating to the planning,
829 designing, and establishment of the statewide communication
830 system.
831 (a) The Joint Task Force on State Agency Law Enforcement
832 Communications shall consist of the following members:
833 1. A representative of the Division of Alcoholic Beverages
834 and Tobacco of the Department of Business and Professional
835 Regulation who shall be appointed by the secretary of the
836 department.
837 2. A representative of the Division of Florida Highway
838 Patrol of the Department of Highway Safety and Motor Vehicles
839 who shall be appointed by the executive director of the
840 department.
841 3. A representative of the Department of Law Enforcement
842 who shall be appointed by the executive director of the
843 department.
844 4. A representative of the Fish and Wildlife Conservation
845 Commission who shall be appointed by the executive director of
846 the commission.
847 5. A representative of the Department of Corrections who
848 shall be appointed by the secretary of the department.
849 6. A representative of the Division of Investigative and
850 Forensic Services of the Department of Financial Services who
851 shall be appointed by the Chief Financial Officer.
852 7. A representative of the Department of Transportation who
853 shall be appointed by the secretary of the department.
854 8. A representative of the Department of Agriculture and
855 Consumer Services who shall be appointed by the Commissioner of
856 Agriculture.
857 Section 27. In order to implement Specific Appropriations
858 2768 through 2780A of the 2017-2018 General Appropriations Act,
859 and notwithstanding rule 60A-1.031, Florida Administrative Code,
860 the transaction fee collected for use of the online procurement
861 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
862 Florida Statutes, is seven-tenths of 1 percent for the 2017-2018
863 fiscal year only. This section expires July 1, 2018.
864 Section 28. In order to implement appropriations authorized
865 in the 2017-2018 General Appropriations Act for data center
866 services, and notwithstanding s. 216.292(2)(a), Florida
867 Statutes, an agency may not transfer funds from a data
868 processing category to a category other than another data
869 processing category. This section expires July 1, 2018.
870 Section 29. In order to implement the appropriation of
871 funds in the appropriation category “Data Processing Assessment
872 Agency for State Technology” in the 2017-2018 General
873 Appropriations Act, and pursuant to the notice, review, and
874 objection procedures of s. 216.177, Florida Statutes, the
875 Executive Office of the Governor may transfer funds appropriated
876 in that category between departments in order to align the
877 budget authority granted based on the estimated billing cycle
878 and methodology used by the Agency for State Technology for data
879 processing services provided. This section expires July 1, 2018.
880 Section 30. In order to implement the appropriation of
881 funds in the appropriation category “Special Categories-Risk
882 Management Insurance” in the 2017-2018 General Appropriations
883 Act, and pursuant to the notice, review, and objection
884 procedures of s. 216.177, Florida Statutes, the Executive Office
885 of the Governor may transfer funds appropriated in that category
886 between departments in order to align the budget authority
887 granted with the premiums paid by each department for risk
888 management insurance. This section expires July 1, 2018.
889 Section 31. In order to implement the appropriation of
890 funds in the appropriation category “Special Categories-Transfer
891 to Department of Management Services-Human Resources Services
892 Purchased per Statewide Contract” in the 2017-2018 General
893 Appropriations Act, and pursuant to the notice, review, and
894 objection procedures of s. 216.177, Florida Statutes, the
895 Executive Office of the Governor may transfer funds appropriated
896 in that category between departments in order to align the
897 budget authority granted with the assessments that must be paid
898 by each agency to the Department of Management Services for
899 human resource management services. This section expires July 1,
900 2018.
901 Section 32. In order to implement Specific Appropriation
902 2334 of the 2017-2018 General Appropriations Act:
903 (1) The Department of Financial Services shall replace the
904 four main components of the Florida Accounting Information
905 Resource Subsystem (FLAIR), which include central FLAIR,
906 departmental FLAIR, payroll, and information warehouse, and
907 shall replace the cash management and accounting management
908 components of the Cash Management Subsystem (CMS) with an
909 integrated enterprise system that allows the state to organize,
910 define, and standardize its financial management business
911 processes and that complies with ss. 215.90-215.96, Florida
912 Statutes. The department may not include in the replacement of
913 FLAIR and CMS:
914 (a) Functionality that duplicates any of the other
915 information subsystems of the Florida Financial Management
916 Information System; or
917 (b) Agency business processes related to any of the
918 functions included in the Personnel Information System, the
919 Purchasing Subsystem, or the Legislative Appropriations
920 System/Planning and Budgeting Subsystem.
921 (2) For purposes of replacing FLAIR and CMS, the Department
922 of Financial Services shall:
923 (a) Take into consideration the cost and implementation
924 data identified for Option 3 as recommended in the March 31,
925 2014, Florida Department of Financial Services FLAIR Study,
926 version 031.
927 (b) Ensure that all business requirements and technical
928 specifications have been provided to all state agencies for
929 their review and input and approved by the executive steering
930 committee established in paragraph (c).
931 (c) Implement a project governance structure that includes
932 an executive steering committee composed of:
933 1. The Chief Financial Officer or the executive sponsor of
934 the project.
935 2. A representative of the Division of Treasury of the
936 Department of Financial Services, appointed by the Chief
937 Financial Officer.
938 3. A representative of the Division of Information Systems
939 of the Department of Financial Services, appointed by the Chief
940 Financial Officer.
941 4. Four employees from the Division of Accounting and
942 Auditing of the Department of Financial Services, appointed by
943 the Chief Financial Officer. Each employee must have experience
944 relating to at least one of the four main components that
945 compose FLAIR.
946 5. Two employees from the Executive Office of the Governor,
947 appointed by the Governor. One employee must have experience
948 relating to the Legislative Appropriations System/Planning and
949 Budgeting Subsystem.
950 6. One employee from the Department of Revenue, appointed
951 by the executive director, who has experience relating to the
952 department’s SUNTAX system.
953 7. Two employees from the Department of Management
954 Services, appointed by the Secretary of Management Services. One
955 employee must have experience relating to the department’s
956 personnel information subsystem and one employee must have
957 experience relating to the department’s purchasing subsystem.
958 8. Three state agency administrative services directors,
959 appointed by the Governor. One director must represent a
960 regulatory and licensing state agency and one director must
961 represent a health care-related state agency.
962 (3) The Chief Financial Officer or the executive sponsor of
963 the project shall serve as chair of the executive steering
964 committee, and the committee shall take action by a vote of at
965 least eight affirmative votes with the Chief Financial Officer
966 or the executive sponsor of the project voting on the prevailing
967 side. A quorum of the executive steering committee consists of
968 at least 10 members.
969 (4) The executive steering committee has the overall
970 responsibility for ensuring that the project to replace FLAIR
971 and CMS meets its primary business objectives and shall:
972 (a) Identify and recommend to the Executive Office of the
973 Governor, the President of the Senate, and the Speaker of the
974 House of Representatives any statutory changes needed to
975 implement the replacement subsystem that will standardize, to
976 the fullest extent possible, the state’s financial management
977 business processes.
978 (b) Review and approve any changes to the project’s scope,
979 schedule, and budget which do not conflict with the requirements
980 of subsection (1).
981 (c) Ensure that adequate resources are provided throughout
982 all phases of the project.
983 (d) Approve all major project deliverables.
984 (e) Approve all solicitation-related documents associated
985 with the replacement of FLAIR and CMS.
986
987 This section expires July 1, 2018.
988 Section 33. In order to implement appropriations in the
989 2017-2018 General Appropriations Act for executive branch and
990 judicial branch employee travel, the executive branch state
991 agencies and the judicial branch must collaborate with the
992 Executive Office of the Governor and the Department of
993 Management Services to implement the statewide travel management
994 system funded in Specific Appropriation 2718A in the 2017-2018
995 General Appropriations Act. For the purpose of complying with s.
996 112.061, Florida Statutes, all executive branch state agencies
997 and the judicial branch must use the statewide travel management
998 system. This section expires July 1, 2018.
999 Section 34. In order to implement Specific Appropriations
1000 1603B, 1603C, and 1604 of the 2017-2018 General Appropriations
1001 Act, paragraph (d) of subsection (11) of section 216.181,
1002 Florida Statutes, is amended to read:
1003 216.181 Approved budgets for operations and fixed capital
1004 outlay.—
1005 (11)
1006 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
1007 for the 2017-2018 2016-2017 fiscal year only, the Legislative
1008 Budget Commission may increase the amounts appropriated to the
1009 Fish and Wildlife Conservation Commission or the Department of
1010 Environmental Protection for fixed capital outlay projects,
1011 including additional fixed capital outlay projects, using funds
1012 provided to the state from the Gulf Environmental Benefit Fund
1013 administered by the National Fish and Wildlife Foundation; funds
1014 provided to the state from the Gulf Coast Restoration Trust Fund
1015 related to the Resources and Ecosystems Sustainability, Tourist
1016 Opportunities, and Revived Economies of the Gulf Coast Act of
1017 2012 (RESTORE Act); or funds provided by the British Petroleum
1018 Corporation (BP) for natural resource damage assessment
1019 restoration projects. Concurrent with submission of an amendment
1020 to the Legislative Budget Commission pursuant to this paragraph,
1021 any project that carries a continuing commitment for future
1022 appropriations by the Legislature must be specifically
1023 identified, together with the projected amount of the future
1024 commitment associated with the project and the fiscal years in
1025 which the commitment is expected to commence. This paragraph
1026 expires July 1, 2018 2017.
1027
1028 The provisions of this subsection are subject to the notice and
1029 objection procedures set forth in s. 216.177.
1030 Section 35. In order to implement specific appropriations
1031 from the land acquisition trust funds within the Department of
1032 Agriculture and Consumer Services, the Department of
1033 Environmental Protection, the Department of State, and the Fish
1034 and Wildlife Conservation Commission, which are contained in the
1035 2017-2018 General Appropriations Act, subsection (3) of section
1036 215.18, Florida Statutes, is amended to read:
1037 215.18 Transfers between funds; limitation.—
1038 (3) Notwithstanding subsection (1) and only with respect to
1039 a land acquisition trust fund in the Department of Agriculture
1040 and Consumer Services, the Department of Environmental
1041 Protection, the Department of State, or the Fish and Wildlife
1042 Conservation Commission, whenever there is a deficiency in a
1043 land acquisition trust fund which would render that trust fund
1044 temporarily insufficient to meet its just requirements,
1045 including the timely payment of appropriations from that trust
1046 fund, and other trust funds in the State Treasury have moneys
1047 that are for the time being or otherwise in excess of the
1048 amounts necessary to meet the just requirements, including
1049 appropriated obligations, of those other trust funds, the
1050 Governor may order a temporary transfer of moneys from one or
1051 more of the other trust funds to a land acquisition trust fund
1052 in the Department of Agriculture and Consumer Services, the
1053 Department of Environmental Protection, the Department of State,
1054 or the Fish and Wildlife Conservation Commission. Any action
1055 proposed pursuant to this subsection is subject to the notice,
1056 review, and objection procedures of s. 216.177, and the Governor
1057 shall provide notice of such action at least 7 days before the
1058 effective date of the transfer of trust funds, except that
1059 during July 2017 2016, notice of such action shall be provided
1060 at least 3 days before the effective date of a transfer unless
1061 such 3-day notice is waived by the chair and vice-chair of the
1062 Legislative Budget Commission. Any transfer of trust funds to a
1063 land acquisition trust fund in the Department of Agriculture and
1064 Consumer Services, the Department of Environmental Protection,
1065 the Department of State, or the Fish and Wildlife Conservation
1066 Commission must be repaid to the trust funds from which the
1067 moneys were loaned by the end of the 2017-2018 2016-2017 fiscal
1068 year. The Legislature has determined that the repayment of the
1069 other trust fund moneys temporarily loaned to a land acquisition
1070 trust fund in the Department of Agriculture and Consumer
1071 Services, the Department of Environmental Protection, the
1072 Department of State, or the Fish and Wildlife Conservation
1073 Commission pursuant to this subsection is an allowable use of
1074 the moneys in a land acquisition trust fund because the moneys
1075 from other trust funds temporarily loaned to a land acquisition
1076 trust fund shall be expended solely and exclusively in
1077 accordance with s. 28, Art. X of the State Constitution. This
1078 subsection expires July 1, 2018 2017.
1079 Section 36. (1) In order to implement specific
1080 appropriations from the land acquisition trust funds within the
1081 Department of Agriculture and Consumer Services, the Department
1082 of Environmental Protection, the Department of State, and the
1083 Fish and Wildlife Conservation Commission, which are contained
1084 in the 2017-2018 General Appropriations Act, the Department of
1085 Environmental Protection shall transfer revenues from the Land
1086 Acquisition Trust Fund within the department to the land
1087 acquisition trust funds within the Department of Agriculture and
1088 Consumer Services, the Department of State, and the Fish and
1089 Wildlife Conservation Commission, as provided in this section.
1090 As used in this section, the term “department” means the
1091 Department of Environmental Protection.
1092 (2) After subtracting any required debt service payments,
1093 the proportionate share of revenues to be transferred to each
1094 land acquisition trust fund shall be calculated by dividing the
1095 appropriations from each of the land acquisition trust funds for
1096 the fiscal year by the total appropriations from the Land
1097 Acquisition Trust Fund within the department and the land
1098 acquisition trust funds within the Department of Agriculture and
1099 Consumer Services, the Department of State, and the Fish and
1100 Wildlife Commission for the fiscal year. The department shall
1101 transfer the proportionate share of the revenues in the Land
1102 Acquisition Trust Fund within the department on a monthly basis
1103 to the appropriate land acquisition trust funds within the
1104 Department of Agriculture and Consumer Services, the Department
1105 of State, and the Fish and Wildlife Commission and shall retain
1106 its proportionate share of the revenues in the Land Acquisition
1107 Trust Fund within the department. Total distributions to a land
1108 acquisition trust fund within the Department of Agriculture and
1109 Consumer Services, the Department of State, and the Fish and
1110 Wildlife Commission may not exceed the total appropriations from
1111 such trust fund for the fiscal year.
1112 (3) In addition, the department shall transfer from the
1113 Land Acquisition Trust Fund to land acquisition trust funds
1114 within the Department of Agriculture and Consumer Services, the
1115 Department of State, and the Fish and Wildlife Conservation
1116 Commission amounts equal to the difference between the amounts
1117 appropriated in chapter 2016-66, Laws of Florida, to the
1118 department’s Land Acquisition Trust Fund and the other land
1119 acquisition trust funds, and the amounts actually transferred
1120 between those trust funds during the 2016-2017 fiscal year.
1121 (4) The department may advance funds from the beginning
1122 unobligated fund balance in the Land Acquisition Trust Fund to
1123 the Land Acquisition Trust Fund within the Fish and Wildlife
1124 Conservation Commission needed for cash flow purposes based on a
1125 detailed expenditure plan. The department shall prorate amounts
1126 transferred quarterly to the Fish and Wildlife Conservation
1127 Commission to recoup the amount of funds advanced by June 30,
1128 2018.
1129 (5) This section expires July 1, 2018.
1130 Section 37. In order to implement Specific Appropriation
1131 1603 of the 2017-2018 General Appropriations Act, paragraph (b)
1132 of subsection (3) of section 375.041, Florida Statutes, is
1133 amended to read:
1134 375.041 Land Acquisition Trust Fund.—
1135 (3) Funds distributed into the Land Acquisition Trust Fund
1136 pursuant to s. 201.15 shall be applied:
1137 (b) Of the funds remaining after the payments required
1138 under paragraph (a), but before funds may be appropriated,
1139 pledged, or dedicated for other uses:
1140 1. A minimum of the lesser of 25 percent or $200 million
1141 shall be appropriated annually for Everglades projects that
1142 implement the Comprehensive Everglades Restoration Plan as set
1143 forth in s. 373.470, including the Central Everglades Planning
1144 Project subject to Congressional authorization; the Long-Term
1145 Plan as defined in s. 373.4592(2); and the Northern Everglades
1146 and Estuaries Protection Program as set forth in s. 373.4595.
1147 From these funds, $32 million shall be distributed each fiscal
1148 year through the 2023-2024 fiscal year to the South Florida
1149 Water Management District for the Long-Term Plan as defined in
1150 s. 373.4592(2). After deducting the $32 million distributed
1151 under this subparagraph, from the funds remaining, a minimum of
1152 the lesser of 76.5 percent or $100 million shall be appropriated
1153 each fiscal year through the 2025-2026 fiscal year for the
1154 planning, design, engineering, and construction of the
1155 Comprehensive Everglades Restoration Plan as set forth in s.
1156 373.470, including the Central Everglades Planning Project
1157 subject to Congressional authorization. The Department of
1158 Environmental Protection and the South Florida Water Management
1159 District shall give preference to those Everglades restoration
1160 projects that reduce harmful discharges of water from Lake
1161 Okeechobee to the St. Lucie or Caloosahatchee estuaries in a
1162 timely manner. For the purpose of performing the calculation
1163 provided in this subparagraph, the amount of debt service paid
1164 pursuant to paragraph (a) for bonds issued after July 1, 2016,
1165 for the purposes set forth under paragraph (b) shall be added to
1166 the amount remaining after the payments required under paragraph
1167 (a). The amount of the distribution calculated shall then be
1168 reduced by an amount equal to the debt service paid pursuant to
1169 paragraph (a) on bonds issued after July 1, 2016, for the
1170 purposes set forth under this subparagraph.
1171 2. A minimum of the lesser of 7.6 percent or $50 million
1172 shall be appropriated annually for spring restoration,
1173 protection, and management projects. For the purpose of
1174 performing the calculation provided in this subparagraph, the
1175 amount of debt service paid pursuant to paragraph (a) for bonds
1176 issued after July 1, 2016, for the purposes set forth under
1177 paragraph (b) shall be added to the amount remaining after the
1178 payments required under paragraph (a). The amount of the
1179 distribution calculated shall then be reduced by an amount equal
1180 to the debt service paid pursuant to paragraph (a) on bonds
1181 issued after July 1, 2016, for the purposes set forth under this
1182 subparagraph.
1183 3. The sum of $5 million shall be appropriated annually
1184 each fiscal year through the 2025-2026 fiscal year to the St.
1185 Johns River Water Management District for projects dedicated to
1186 the restoration of Lake Apopka. This distribution shall be
1187 reduced by an amount equal to the debt service paid pursuant to
1188 paragraph (a) on bonds issued after July 1, 2016, for the
1189 purposes set forth in this subparagraph.
1190 4. Notwithstanding subparagraph 3., for the 2017-2018
1191 fiscal year, funds shall be appropriated as provided in the
1192 General Appropriations Act. This subparagraph expires July 1,
1193 2018.
1194 Section 38. In order to implement Specific Appropriation
1195 1594 of the 2017-2018 General Appropriations Act, paragraph (a)
1196 of subsection (6) of section 373.470, Florida Statutes, is
1197 amended to read:
1198 373.470 Everglades restoration.—
1199 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
1200 (a) Except as provided in paragraphs (d) and (e) and for
1201 funds appropriated for debt service, the department shall
1202 distribute funds in the Save Our Everglades Trust Fund to the
1203 district in accordance with a legislative appropriation and s.
1204 373.026(8)(b). Distribution of funds to the district from the
1205 Save Our Everglades Trust Fund or the Land Acquisition Trust
1206 Fund shall be equally matched by the cumulative contributions
1207 from the district by fiscal year 2019-2020 by providing funding
1208 or credits toward project components. The dollar value of in
1209 kind project design and construction work by the district in
1210 furtherance of the comprehensive plan and existing interest in
1211 public lands needed for a project component are credits towards
1212 the district’s contributions.
1213 Section 39. The amendment made by this act to s.
1214 373.470(6)(a), Florida Statutes, expires July 1, 2018, and the
1215 text of that paragraph shall revert to that in existence on June
1216 30, 2017, except that any amendments to such text enacted other
1217 than by this act shall be preserved and continue to operate to
1218 the extent that such amendments are not dependent upon the
1219 portions of text which expire pursuant to this section.
1220 Section 40. In order to implement Specific Appropriation
1221 1731 of the 2017-2018 General Appropriations Act, paragraph (e)
1222 is added to subsection (11) of section 216.181, Florida
1223 Statutes, to read:
1224 216.181 Approved budgets for operations and fixed capital
1225 outlay.—
1226 (11)
1227 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
1228 for the 2017-2018 fiscal year only, the Legislative Budget
1229 Commission may increase the amounts appropriated to the
1230 Department of Environmental Protection for fixed capital outlay
1231 projects using funds provided to the state from the
1232 environmental mitigation trust administered by a trustee
1233 designated by the United States District Court for the Northern
1234 District of California for eligible mitigation actions and
1235 mitigation action expenditures described in the partial consent
1236 decree entered into between the United States of America and
1237 Volkswagen relating to violations of the Clean Air Act.
1238 Concurrent with submission of an amendment to the Legislative
1239 Budget Commission pursuant to this paragraph, any project that
1240 carries a continuing commitment for future appropriations by the
1241 Legislature must be specifically identified, together with the
1242 projected amount of the future commitment associated with the
1243 project and the fiscal years in which the commitment is expected
1244 to commence. This paragraph expires July 1, 2018.
1245
1246 The provisions of this subsection are subject to the notice and
1247 objection procedures set forth in s. 216.177.
1248 Section 41. In order to implement Specific Appropriations
1249 1869 through 1882, 1888 through 1891, 1905 through 1914, 1916
1250 through 1925, and 1964 through 1976 of the 2017-2018 General
1251 Appropriations Act, paragraph (e) of subsection (7) of section
1252 339.135, Florida Statutes, is amended to read:
1253 339.135 Work program; legislative budget request;
1254 definitions; preparation, adoption, execution, and amendment.—
1255 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1256 (e) Notwithstanding paragraphs (d), and (g), and (h) and
1257 ss. 216.177(2) and 216.351, the secretary may request the
1258 Executive Office of the Governor to amend the adopted work
1259 program when an emergency exists, as defined in s. 252.34, and
1260 the emergency relates to the repair or rehabilitation of any
1261 state transportation facility. The Executive Office of the
1262 Governor may approve the amendment to the adopted work program
1263 and amend that portion of the department’s approved budget if a
1264 delay incident to the notification requirements in paragraph (d)
1265 would be detrimental to the interests of the state. However, the
1266 department shall immediately notify the parties specified in
1267 paragraph (d) and provide such parties written justification for
1268 the emergency action within 7 days after approval by the
1269 Executive Office of the Governor of the amendment to the adopted
1270 work program and the department’s budget. The adopted work
1271 program may not be amended under this subsection without
1272 certification by the comptroller of the department that there
1273 are sufficient funds available pursuant to the 36-month cash
1274 forecast and applicable statutes.
1275 Section 42. The amendment made by this act to s.
1276 339.135(7), Florida Statutes, expires July 1, 2018, and the text
1277 of that section shall revert to that in existence on June 30,
1278 2017, except that any amendments to such text enacted other than
1279 by this act shall be preserved and continue to operate to the
1280 extent that such amendments are not dependent upon the portions
1281 of text which expire pursuant to this section.
1282 Section 43. In order to implement Specific Appropriation
1283 2661 of the 2017-2018 General Appropriations Act, the Department
1284 of Highway Safety and Motor Vehicles shall contract with the
1285 corporation organized pursuant to part II of chapter 946,
1286 Florida Statutes, to manufacture the current or newly redesigned
1287 license plates, with such contract being in the same manner and
1288 for the same price as that paid by the department during the
1289 2016-2017 fiscal year. This section expires July 1, 2018.
1290 Section 44. In order to implement Specific Appropriations
1291 2612 and 2616 of the 2017-2018 General Appropriations Act:
1292 (1) There is created a law enforcement workgroup assigned
1293 to the Department of Highway Safety and Motor Vehicles.
1294 (2) The workgroup shall convene no later than September 1,
1295 2017, and shall be composed of the following members:
1296 (a) A representative of the University of South Florida’s
1297 Center for Urban Transportation Research, who shall serve as the
1298 chair of the workgroup.
1299 (b) Three representatives of the Florida Sheriffs
1300 Association, appointed by the association’s executive director.
1301 (c) Three representatives of the Florida Highway Patrol
1302 (FHP), appointed by the Director Colonel of the FHP.
1303 (d) Three representatives of the Florida Police Chiefs
1304 Association, appointed by the president of the association’s
1305 executive board.
1306 (e) The executive director of the Florida Association of
1307 Counties, or his or her designee.
1308 (f) The director of the Division of Emergency Management,
1309 or his or her designee.
1310 (g) The president of the Florida Police Benevolent
1311 Association, or his or her designee.
1312 (h) A representative of the Office of the Attorney General,
1313 appointed by the Attorney General.
1314 (3) Members of the workgroup shall serve without
1315 compensation but are entitled to reimbursement for per diem and
1316 travel expenses in accordance with s. 112.061, Florida Statutes.
1317 Per diem and travel expenses incurred by a member of the
1318 workgroup shall be paid from funds budgeted to the state agency
1319 or entity that the member represents.
1320 (4) The workgroup shall review the FHP’s response to calls
1321 for service, including current resource allocation. The
1322 workgroup shall also compare FHP resources to those of local law
1323 enforcement entities and other state highway patrol agencies to
1324 determine whether additional resources are necessary to improve
1325 the response time to calls for service and to perform other
1326 duties outlined in chapter 321, Florida Statutes. In addition,
1327 the workgroup shall identify potential partnerships with local
1328 law enforcement entities and consider optional funding sources
1329 for those agencies to address needs associated with traffic
1330 crash investigations.
1331 (5) The Department of Highway Safety and Motor Vehicles
1332 shall provide administrative support to the workgroup and shall
1333 contract with the University of South Florida’s Center for Urban
1334 Transportation Research to perform the duties of the independent
1335 third-party chair.
1336 (6) The chair of the workgroup shall provide the
1337 workgroup’s consensus recommendations in a report to the
1338 Governor, the President of the Senate, and the Speaker of the
1339 House of Representatives by January 1, 2018, at which time the
1340 workgroup shall terminate.
1341 Section 45. In order to implement Specific Appropriation
1342 1869 of the 2017-2018 General Appropriations Act, section
1343 316.0898, Florida Statutes, is created to read:
1344 316.0898 Florida Smart City Challenge grant program.—
1345 (1) The Department of Transportation, in consultation with
1346 the Department of Highway Safety and Motor Vehicles, shall
1347 develop the Florida Smart City Challenge grant program and shall
1348 establish grant award requirements for applicants for the
1349 purpose of receiving awards. For purposes of this section, an
1350 “applicant” includes municipalities; regions of the state;
1351 entities created under chapters 343 and 348, including any
1352 authority created using part I of chapter 348; and any authority
1353 created under chapter 349. Grant applicants must demonstrate and
1354 document the adoption of emerging technologies and their impact
1355 on the transportation system and must address at least the
1356 following focus areas:
1357 (a) Autonomous vehicles.
1358 (b) Connected vehicles.
1359 (c) Sensor-based infrastructure.
1360 (d) Collecting and using data.
1361 (e) Electric vehicles, including charging stations.
1362 (f) Developing strategic models and partnerships.
1363 (2) The goals of the grant program include, but are not
1364 limited to:
1365 (a) Identifying transportation challenges and identifying
1366 how emerging technologies can address those challenges.
1367 (b) Determining the emerging technologies and strategies
1368 that have the potential to provide the most significant impacts.
1369 (c) Encouraging applicants to take significant steps to
1370 integrate emerging technologies into their day-to-day
1371 operations.
1372 (d) Identifying the barriers to implementing the grant
1373 program and communicating those barriers to the Legislature and
1374 appropriate agencies and organizations.
1375 (e) Leveraging the initial grant to attract additional
1376 public and private investments.
1377 (f) Increasing the state’s competitiveness in the pursuit
1378 of grants from the United States Department of Transportation,
1379 the United States Department of Energy, and other federal
1380 agencies.
1381 (g) Committing to the continued operation of programs
1382 implemented in connection with the grant.
1383 (h) Serving as a nationwide model for Smart City programs.
1384 (i) Documenting the costs and impacts of the grant program
1385 and lessons learned during implementation.
1386 (j) Identifying solutions that will demonstrate local or
1387 regional economic impact.
1388 (3) The Department of Transportation shall develop
1389 eligibility, application, and selection criteria for the program
1390 grants and a plan for the promotion of the grant program to
1391 applicants in this state as an opportunity to compete for grant
1392 funding, including the award of grants to a single recipient and
1393 secondary grants to specific projects of merit within other
1394 applications. The Department of Transportation may contract with
1395 a third party that demonstrates knowledge and expertise in the
1396 focuses and goals of this section to provide guidance in the
1397 development of the requirements of this section.
1398 (4) On or before January 1, 2018, the Department of
1399 Transportation shall submit the grant program guidelines and
1400 plans for promotion of the grant program to the Governor, the
1401 President of the Senate, and the Speaker of the House of
1402 Representatives.
1403 (5) This section expires July 1, 2018.
1404 Section 46. In order to implement Specific Appropriation
1405 2225 of the 2017-2018 General Appropriations Act:
1406 (1) There is created a workgroup on affordable housing. The
1407 workgroup is assigned to the Florida Housing Finance Corporation
1408 for administrative purposes only.
1409 (2) The workgroup shall convene no later than September 1,
1410 2017, and shall be composed of the following members:
1411 (a) The executive director of the Florida Housing Finance
1412 Corporation, who shall serve as chair of the workgroup.
1413 (b) The executive director of the Department of Economic
1414 Opportunity or his or her designee.
1415 (c) Five members appointed by the Governor. Of the five
1416 members, one must be an advocate for the homeless, one must be
1417 an advocate of the needs of individuals with disabling
1418 conditions and persons with special needs as defined in s.
1419 420.0004, Florida Statutes, one must represent the building or
1420 development community, and one must be a realtor licensed in
1421 this state.
1422 (d) Two members appointed by the President of the Senate.
1423 (e) Two members appointed by the Speaker of the House of
1424 Representatives.
1425 (f) The executive director of the Florida Association of
1426 Counties or his or her designee.
1427 (g) The executive director of the Florida League of Cities
1428 or his or her designee.
1429 (h) The chair of the Florida Building Commission, or his or
1430 her designee, who shall serve as an ex officio, nonvoting
1431 advisory member of the workgroup.
1432 (3)(a) The Florida Housing Finance Corporation shall
1433 provide administrative and staff support services to the
1434 workgroup which relate to its functions.
1435 (b) Members of the workgroup shall serve without
1436 compensation but are entitled to reimbursement for per diem and
1437 travel expenses in accordance with s. 112.061, Florida Statutes.
1438 Per diem and travel expenses incurred by a member of the
1439 workgroup shall be paid from funds budgeted to the state agency
1440 or entity that the member represents.
1441 (4)(a) The workgroup shall develop recommendations for
1442 addressing the state’s affordable housing needs. The
1443 recommendations shall be presented to and approved by the board
1444 of directors of the Florida Housing Finance Corporation. The
1445 recommendations shall include, but need not be limited to:
1446 1. A review of market rate developments.
1447 2. A review of affordable housing developments.
1448 3. A review of land use for affordable housing
1449 developments.
1450 4. A review of building codes for affordable housing
1451 developments.
1452 5. A review of the state’s implementation of the low-income
1453 housing tax credit.
1454 6. A review of private and public sector development and
1455 construction industries.
1456 7. A review of the rental market for assisted rental
1457 housing.
1458 8. The development of strategies and pathways for low
1459 income housing.
1460 (b) The workgroup shall submit a report including its
1461 recommendations to the Governor, the President of the Senate,
1462 and the Speaker of the House of Representatives by January 1,
1463 2018, at which time the workgroup shall terminate.
1464
1465 This section expires July 1, 2018.
1466 Section 47. In order to implement Specific Appropriation
1467 1868 of the 2017-2018 General Appropriations Act, subsection
1468 (30) of section 427.013, Florida Statutes, is amended to read:
1469 427.013 The Commission for the Transportation
1470 Disadvantaged; purpose and responsibilities.—The purpose of the
1471 commission is to accomplish the coordination of transportation
1472 services provided to the transportation disadvantaged. The goal
1473 of this coordination is to assure the cost-effective provision
1474 of transportation by qualified community transportation
1475 coordinators or transportation operators for the transportation
1476 disadvantaged without any bias or presumption in favor of
1477 multioperator systems or not-for-profit transportation operators
1478 over single operator systems or for-profit transportation
1479 operators. In carrying out this purpose, the commission shall:
1480 (30) For the 2017-2018 2016-2017 fiscal year and
1481 notwithstanding any other provision of this section:
1482 (a) Allocate, from funds provided in the General
1483 Appropriations Act, to community transportation coordinators who
1484 do not receive Urbanized Area Formula funds pursuant to 49
1485 U.S.C. s. 5307 to provide transportation services for persons
1486 with disabilities, older adults, and low-income persons so they
1487 may access health care, employment, education, and other life
1488 sustaining activities. Funds allocated for this purpose shall be
1489 distributed among community transportation coordinators based
1490 upon the Transportation Disadvantaged Trip and Equipment
1491 allocation methodology established by the commission.
1492 (b) Award, from funds provided in the General
1493 Appropriations Act, competitive grants to community
1494 transportation coordinators to support transportation projects
1495 to:
1496 1. Enhance access to health care, shopping, education,
1497 employment, public services, and recreation;
1498 2. Assist in the development, improvement, and use of
1499 transportation systems in nonurbanized areas;
1500 3. Promote the efficient coordination of services;
1501 4. Support inner-city bus transportation; and
1502 5. Encourage private transportation providers to
1503 participate.
1504 (c) This subsection expires July 1, 2018 2017.
1505 Section 48. In order to implement Specific Appropriation
1506 2610 of the 2017-2018 General Appropriations Act, upon the
1507 expiration and reversion of the amendment to section 321.04,
1508 Florida Statutes, pursuant to section 110 of chapter 2016-62,
1509 Laws of Florida, subsection (3) of section 321.04, Florida
1510 Statutes, is amended, and subsection (4) is added to that
1511 section, to read:
1512 321.04 Personnel of the highway patrol; rank
1513 classifications; probationary status of new patrol officers;
1514 subsistence; special assignments.—
1515 (3)(a) The Department of Highway Safety and Motor Vehicles
1516 shall assign one patrol officer to the office of the Governor;
1517 said patrol officer so assigned shall be selected by the
1518 Governor and shall have rank and pay not less than that of a
1519 lieutenant of the Florida Highway Patrol, and said patrol
1520 officer so assigned shall be paid by said department from the
1521 appropriation made to said department; said patrol officer shall
1522 have and receive all other benefits provided for in this chapter
1523 or any other statute now in existence or hereinafter enacted.
1524 (b) For the 2017-2018 fiscal year only, the patrol officer
1525 shall be assigned to the Lieutenant Governor. This paragraph
1526 expires July 1, 2018.
1527 (4) For the 2017-2018 fiscal year only, the assignment of a
1528 patrol officer by the department shall include a Cabinet member
1529 specified in s. 4, Art. IV of the State Constitution if deemed
1530 appropriate by the department or in response to a threat and
1531 upon written request of such Cabinet member. This subsection
1532 expires July 1, 2018.
1533 Section 49. In order to implement Specific Appropriation
1534 1875 of the 2017-2018 General Appropriations Act, paragraph (d)
1535 is added to subsection (3) of section 311.07, Florida Statutes,
1536 to read:
1537 311.07 Florida seaport transportation and economic
1538 development funding.—
1539 (3)
1540 (d) Notwithstanding paragraphs (a), (b), and (c), and for
1541 the 2017-2018 fiscal year only, projects that are funded through
1542 a specific appropriation in the 2017-2018 General Appropriations
1543 Act are not required to match state funds in accordance with
1544 paragraph (a) or to meet project eligibility requirements
1545 specified in paragraph (b) or paragraph (c). This paragraph
1546 expires July 1, 2018.
1547 Section 50. In order to implement Specific Appropriations
1548 1869 through 1882, 1888 through 1891, 1905 through 1914, 1916
1549 through 1925, and 1964 through 1976 of the 2017-2018 General
1550 Appropriations Act, paragraphs (d), (e), and (f) are added to
1551 subsection (5) of section 339.135, Florida Statutes, to read:
1552 339.135 Work program; legislative budget request;
1553 definitions; preparation, adoption, execution, and amendment.—
1554 (5) ADOPTION OF THE WORK PROGRAM.—
1555 (d) It is the intent of the Legislature that the department
1556 maintain fiscal solvency and make prudent use of all available
1557 fiscal resources to minimize any project, or a phase thereof,
1558 from being deferred within the work program. It is further the
1559 intent of the Legislature that the department, to the maximum
1560 extent feasible, reduce financial projects not programmed for
1561 contract letting as identified with a work program contract
1562 class code 8 and the box code RV to add projects to the 2017
1563 2018 work program which are identified by a specific
1564 appropriation in the 2017-2018 General Appropriations Act. This
1565 paragraph expires July 1, 2018.
1566 (e) For the 2017-2018 fiscal year only, the department is
1567 authorized to realign budget authority among appropriation
1568 categories to support the implementation of the 2017-2018
1569 General Appropriations Act. The notice, review, and objection
1570 procedures under s. 216.177 apply only when projects, or a phase
1571 thereof, are not deferred or deleted from the work program. The
1572 request to realign budget authority among work program
1573 categories must be supported by documented production and
1574 financial goals within the parameters of finance, available
1575 cash, and total authorized budget. This paragraph expires July
1576 1, 2018.
1577 (f) For the 2017-2018 fiscal year only, if the department
1578 submits a work program amendment to realign work program
1579 categories to the 2017-2018 General Appropriations Act that
1580 defers or deletes any project, or a phase thereof, the work
1581 program amendment is subject to approval by the Legislative
1582 Budget Commission. The department shall provide to the
1583 Legislative Budget Commission the documents specified in
1584 subparagraphs 1.–8. when submitting the department’s work
1585 program amendment to request approval to realign the work
1586 program appropriation categories to the 2017-2018 General
1587 Appropriations Act. In addition, any work program amendment
1588 submitted to the Legislative Budget Commission which results in
1589 a reduced project commitment level for the 2017-2018 fiscal year
1590 must include the following documents:
1591 1. A proposed finance plan, as balanced to the requested
1592 work program amendment to realign the work program categories to
1593 the 2017-2018 General Appropriations Act, or any other
1594 amendments that reduce work program commitments;
1595 2. A proposed cash forecast, as balanced to the requested
1596 work program amendment to realign the work program categories to
1597 the 2017-2018 General Appropriations Act, or any other
1598 amendments that reduce work program commitments;
1599 3. An adopted finance plan, as of July 1, 2017;
1600 4. An adopted cash forecast, as of July 1, 2017;
1601 5. A complete list of projects, or phases thereof, deferred
1602 or deleted from the impact of the projects identified by a
1603 specific appropriation in the 2017-2018 General Appropriations
1604 Act for the 2017-2018 through 2021-2022 work program;
1605 6. The department’s methodology for identifying projects,
1606 or phases thereof, for deferral or deletion for the 2017-2018
1607 through 2021-2022 work program;
1608 7. A letter of concurrence or nonconcurrence from the
1609 affected metropolitan planning organization or, for
1610 nonmetropolitan areas, the board of county commissioners with
1611 impacted project selections; and
1612 8. A complete list of financial projects not programmed for
1613 contract letting as identified with a work program contract
1614 class code 8 and the box code RV included in fiscal years 2017
1615 2018 through 2021-2022, as of July 1, 2017.
1616
1617 This paragraph expires July 1, 2018.
1618 Section 51. In order to implement the salaries and
1619 benefits, expenses, other personal services, contracted
1620 services, special categories, and operating capital outlay
1621 categories of the 2017-2018 General Appropriations Act, upon the
1622 expiration and reversion of the amendment to section 216.292,
1623 Florida Statutes, pursuant to section 112 of chapter 2016-62,
1624 Laws of Florida, paragraph (a) of subsection (2) of section
1625 216.292, Florida Statutes, is amended to read:
1626 216.292 Appropriations nontransferable; exceptions.—
1627 (2) The following transfers are authorized to be made by
1628 the head of each department or the Chief Justice of the Supreme
1629 Court whenever it is deemed necessary by reason of changed
1630 conditions:
1631 (a) The transfer of appropriations funded from identical
1632 funding sources, except appropriations for fixed capital outlay,
1633 and the transfer of amounts included within the total original
1634 approved budget and plans of releases of appropriations as
1635 furnished pursuant to ss. 216.181 and 216.192, as follows:
1636 1. Between categories of appropriations within a budget
1637 entity, if no category of appropriation is increased or
1638 decreased by more than 5 percent of the original approved budget
1639 or $250,000, whichever is greater, by all action taken under
1640 this subsection.
1641 2. Between budget entities within identical categories of
1642 appropriations, if no category of appropriation is increased or
1643 decreased by more than 5 percent of the original approved budget
1644 or $250,000, whichever is greater, by all action taken under
1645 this subsection.
1646 3. Any agency exceeding salary rate established pursuant to
1647 s. 216.181(8) on June 30th of any fiscal year shall not be
1648 authorized to make transfers pursuant to subparagraphs 1. and 2.
1649 in the subsequent fiscal year.
1650 4. Notice of proposed transfers under subparagraphs 1. and
1651 2. shall be provided to the Executive Office of the Governor and
1652 the chairs of the legislative appropriations committees at least
1653 3 days prior to agency implementation in order to provide an
1654 opportunity for review. The review shall be limited to ensuring
1655 that the transfer is in compliance with the requirements of this
1656 paragraph.
1657 5. For the 2017-2018 fiscal year, the review shall ensure
1658 that transfers proposed pursuant to this paragraph comply with
1659 this chapter and are not contrary to legislative policy and
1660 intent. This subparagraph expires July 1, 2018.
1661 Section 52. In order to implement the appropriation of
1662 funds in the special categories, contracted services, and
1663 expenses categories of the 2017-2018 General Appropriations Act,
1664 a state agency may not initiate a competitive solicitation for a
1665 product or service if the completion of such competitive
1666 solicitation would:
1667 (1) Require a change in law; or
1668 (2) Require a change to the agency’s budget other than a
1669 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
1670 unless the initiation of such competitive solicitation is
1671 specifically authorized in law, in the General Appropriations
1672 Act, or by the Legislative Budget Commission.
1673
1674 This section does not apply to a competitive solicitation for
1675 which the agency head certifies that a valid emergency exists.
1676 This section expires July 1, 2018.
1677 Section 53. In order to implement appropriations for
1678 salaries and benefits in the 2017-2018 General Appropriations
1679 Act, subsection (6) of section 112.24, Florida Statutes, is
1680 amended to read:
1681 112.24 Intergovernmental interchange of public employees.
1682 To encourage economical and effective utilization of public
1683 employees in this state, the temporary assignment of employees
1684 among agencies of government, both state and local, and
1685 including school districts and public institutions of higher
1686 education is authorized under terms and conditions set forth in
1687 this section. State agencies, municipalities, and political
1688 subdivisions are authorized to enter into employee interchange
1689 agreements with other state agencies, the Federal Government,
1690 another state, a municipality, or a political subdivision
1691 including a school district, or with a public institution of
1692 higher education. State agencies are also authorized to enter
1693 into employee interchange agreements with private institutions
1694 of higher education and other nonprofit organizations under the
1695 terms and conditions provided in this section. In addition, the
1696 Governor or the Governor and Cabinet may enter into employee
1697 interchange agreements with a state agency, the Federal
1698 Government, another state, a municipality, or a political
1699 subdivision including a school district, or with a public
1700 institution of higher learning to fill, subject to the
1701 requirements of chapter 20, appointive offices which are within
1702 the executive branch of government and which are filled by
1703 appointment by the Governor or the Governor and Cabinet. Under
1704 no circumstances shall employee interchange agreements be
1705 utilized for the purpose of assigning individuals to participate
1706 in political campaigns. Duties and responsibilities of
1707 interchange employees shall be limited to the mission and goals
1708 of the agencies of government.
1709 (6) For the 2017-2018 2016-2017 fiscal year only, the
1710 assignment of an employee of a state agency as provided in this
1711 section may be made if recommended by the Governor or Chief
1712 Justice, as appropriate, and approved by the chairs of the
1713 legislative appropriations committees. Such actions shall be
1714 deemed approved if neither chair provides written notice of
1715 objection within 14 days after receiving notice of the action
1716 pursuant to s. 216.177. This subsection expires July 1, 2018
1717 2017.
1718 Section 54. In order to implement Specific Appropriations
1719 2681 and 2682 of the 2017-2018 General Appropriations Act, and
1720 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1721 salaries for members of the Legislature for the 2017-2018 fiscal
1722 year shall be set at the same level in effect on July 1, 2010.
1723 This section expires July 1, 2018.
1724 Section 55. In order to implement the transfer of funds to
1725 the General Revenue Fund from trust funds for the 2017-2018
1726 General Appropriations Act, and notwithstanding the expiration
1727 date contained in section 117 of chapter 2016-62, Laws of
1728 Florida, paragraph (b) of subsection (2) of section 215.32,
1729 Florida Statutes, is reenacted to read:
1730 215.32 State funds; segregation.—
1731 (2) The source and use of each of these funds shall be as
1732 follows:
1733 (b)1. The trust funds shall consist of moneys received by
1734 the state which under law or under trust agreement are
1735 segregated for a purpose authorized by law. The state agency or
1736 branch of state government receiving or collecting such moneys
1737 is responsible for their proper expenditure as provided by law.
1738 Upon the request of the state agency or branch of state
1739 government responsible for the administration of the trust fund,
1740 the Chief Financial Officer may establish accounts within the
1741 trust fund at a level considered necessary for proper
1742 accountability. Once an account is established, the Chief
1743 Financial Officer may authorize payment from that account only
1744 upon determining that there is sufficient cash and releases at
1745 the level of the account.
1746 2. In addition to other trust funds created by law, to the
1747 extent possible, each agency shall use the following trust funds
1748 as described in this subparagraph for day-to-day operations:
1749 a. Operations or operating trust fund, for use as a
1750 depository for funds to be used for program operations funded by
1751 program revenues, with the exception of administrative
1752 activities when the operations or operating trust fund is a
1753 proprietary fund.
1754 b. Operations and maintenance trust fund, for use as a
1755 depository for client services funded by third-party payors.
1756 c. Administrative trust fund, for use as a depository for
1757 funds to be used for management activities that are departmental
1758 in nature and funded by indirect cost earnings and assessments
1759 against trust funds. Proprietary funds are excluded from the
1760 requirement of using an administrative trust fund.
1761 d. Grants and donations trust fund, for use as a depository
1762 for funds to be used for allowable grant or donor agreement
1763 activities funded by restricted contractual revenue from private
1764 and public nonfederal sources.
1765 e. Agency working capital trust fund, for use as a
1766 depository for funds to be used pursuant to s. 216.272.
1767 f. Clearing funds trust fund, for use as a depository for
1768 funds to account for collections pending distribution to lawful
1769 recipients.
1770 g. Federal grant trust fund, for use as a depository for
1771 funds to be used for allowable grant activities funded by
1772 restricted program revenues from federal sources.
1773
1774 To the extent possible, each agency must adjust its internal
1775 accounting to use existing trust funds consistent with the
1776 requirements of this subparagraph. If an agency does not have
1777 trust funds listed in this subparagraph and cannot make such
1778 adjustment, the agency must recommend the creation of the
1779 necessary trust funds to the Legislature no later than the next
1780 scheduled review of the agency’s trust funds pursuant to s.
1781 215.3206.
1782 3. All such moneys are hereby appropriated to be expended
1783 in accordance with the law or trust agreement under which they
1784 were received, subject always to the provisions of chapter 216
1785 relating to the appropriation of funds and to the applicable
1786 laws relating to the deposit or expenditure of moneys in the
1787 State Treasury.
1788 4.a. Notwithstanding any provision of law restricting the
1789 use of trust funds to specific purposes, unappropriated cash
1790 balances from selected trust funds may be authorized by the
1791 Legislature for transfer to the Budget Stabilization Fund and
1792 General Revenue Fund in the General Appropriations Act.
1793 b. This subparagraph does not apply to trust funds required
1794 by federal programs or mandates; trust funds established for
1795 bond covenants, indentures, or resolutions whose revenues are
1796 legally pledged by the state or public body to meet debt service
1797 or other financial requirements of any debt obligations of the
1798 state or any public body; the Division of Licensing Trust Fund
1799 in the Department of Agriculture and Consumer Services; the
1800 State Transportation Trust Fund; the trust fund containing the
1801 net annual proceeds from the Florida Education Lotteries; the
1802 Florida Retirement System Trust Fund; trust funds under the
1803 management of the State Board of Education or the Board of
1804 Governors of the State University System, where such trust funds
1805 are for auxiliary enterprises, self-insurance, and contracts,
1806 grants, and donations, as those terms are defined by general
1807 law; trust funds that serve as clearing funds or accounts for
1808 the Chief Financial Officer or state agencies; trust funds that
1809 account for assets held by the state in a trustee capacity as an
1810 agent or fiduciary for individuals, private organizations, or
1811 other governmental units; and other trust funds authorized by
1812 the State Constitution.
1813 Section 56. The amendment to s. 215.32(2)(b), Florida
1814 Statutes, as carried forward by this act from chapter 2011-47,
1815 Laws of Florida, expires July 1, 2018, and the text of that
1816 paragraph shall revert to that in existence on June 30, 2011,
1817 except that any amendments to such text enacted other than by
1818 this act shall be preserved and continue to operate to the
1819 extent that such amendments are not dependent upon the portions
1820 of text which expire pursuant to this section.
1821 Section 57. In order to implement appropriations in the
1822 2017-2018 General Appropriations Act for state employee travel,
1823 the funds appropriated to each state agency which may be used
1824 for travel by state employees are limited during the 2017-2018
1825 fiscal year to travel for activities that are critical to each
1826 state agency’s mission. Funds may not be used for travel by
1827 state employees to foreign countries, other states, conferences,
1828 staff training activities, or other administrative functions
1829 unless the agency head has approved, in writing, that such
1830 activities are critical to the agency’s mission. The agency head
1831 shall consider using teleconferencing and other forms of
1832 electronic communication to meet the needs of the proposed
1833 activity before approving mission-critical travel. This section
1834 does not apply to travel for law enforcement purposes, military
1835 purposes, emergency management activities, or public health
1836 activities. This section expires July 1, 2018.
1837 Section 58. In order to implement appropriations in the
1838 2017-2018 General Appropriations Act for state employee travel
1839 and notwithstanding s. 112.061, Florida Statutes, costs for
1840 lodging associated with a meeting, conference, or convention
1841 organized or sponsored in whole or in part by a state agency or
1842 the judicial branch may not exceed $150 per day. An employee may
1843 expend his or her own funds for any lodging expenses in excess
1844 of $150 per day. For purposes of this section, a meeting does
1845 not include travel activities for conducting an audit,
1846 examination, inspection, or investigation or travel activities
1847 related to a litigation or emergency response. This section
1848 expires July 1, 2018.
1849 Section 59. In order to implement the appropriation of
1850 funds in the special categories, contracted services, and
1851 expenses categories of the 2017-2018 General Appropriations Act,
1852 a state agency may not enter into a contract containing a
1853 nondisclosure clause that prohibits the contractor from
1854 disclosing information relevant to the performance of the
1855 contract to members or staff of the Senate or the House of
1856 Representatives. This section expires July 1, 2018.
1857 Section 60. Any section of this act which implements a
1858 specific appropriation or specifically identified proviso
1859 language in the 2017-2018 General Appropriations Act is void if
1860 the specific appropriation or specifically identified proviso
1861 language is vetoed. Any section of this act which implements
1862 more than one specific appropriation or more than one portion of
1863 specifically identified proviso language in the 2017-2018
1864 General Appropriations Act is void if all the specific
1865 appropriations or portions of specifically identified proviso
1866 language are vetoed.
1867 Section 61. If any other act passed during the 2017 Regular
1868 Session of the Legislature contains a provision that is
1869 substantively the same as a provision in this act, but that
1870 removes or is otherwise not subject to the future repeal applied
1871 to such provision by this act, the Legislature intends that the
1872 provision in the other act takes precedence and continues to
1873 operate, notwithstanding the future repeal provided by this act.
1874 Section 62. If any provision of this act or its application
1875 to any person or circumstance is held invalid, the invalidity
1876 does not affect other provisions or applications of the act
1877 which can be given effect without the invalid provision or
1878 application, and to this end the provisions of this act are
1879 severable.
1880 Section 63. Except as otherwise expressly provided in this
1881 act and except for this section, which shall take effect upon
1882 this act becoming a law, this act shall take effect July 1,
1883 2017; or, if this act fails to become a law until after that
1884 date, it shall take effect upon becoming a law and shall operate
1885 retroactively to July 1, 2017.
