Bill Text: FL S2502 | 2022 | Regular Session | Introduced
Bill Title: Implementing the 2022-2023 General Appropriations Act
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-17 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2022-S2502-Introduced.html
Florida Senate - 2022 SB 2502 By the Committee on Appropriations 576-02872A-22 20222502__ 1 A bill to be entitled 2 An act implementing the 2022-2023 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 the General Appropriations 8 Act; reenacting and amending s. 1013.62(1), F.S.; 9 specifying the source of capital outlay funding for 10 charter schools; providing for the future expiration 11 and reversion of specified statutory text; amending s. 12 1011.62, F.S.; extending for 1 fiscal year 13 authorization for the Legislature to provide a funding 14 compression and hold harmless allocation; amending s. 15 1011.62, F.S.; revising caps relating to the 16 determination of sparsity supplements; revising 17 requirements relating to computing district sparsity 18 indexes; providing for the future expiration and 19 reversion of specified statutory text; reenacting s. 20 1001.26(1), F.S., relating to the public broadcasting 21 program system; extending for 1 fiscal year 22 authorization for the Department of Education to 23 provide certain appropriated funds to certain 24 education television stations and public colleges and 25 universities for public broadcasting; providing for 26 the future expiration and reversion of specified 27 statutory text; amending ss. 1011.80 and 1011.81, 28 F.S.; extending for 1 fiscal year the requirement that 29 the Credentials Review Committee of the state 30 workforce development board develop a specified 31 funding formula to allocate specified school district 32 performance funds and institution performance funds, 33 respectively; creating s. 1004.6496, F.S.; authorizing 34 the Board of Trustees of the University of Florida to 35 use funds to establish the Hamilton Center for 36 Classical and Civic Education; providing purposes and 37 goals of the center; authorizing the Agency for Health 38 Care Administration, in consultation with the 39 Department of Health, to submit a budget amendment to 40 realign funding for a component of the Children’s 41 Medical Services program to reflect actual enrollment 42 changes; specifying requirements for such realignment; 43 authorizing the agency to request nonoperating budget 44 authority for transferring certain federal funds to 45 the Department of Health; authorizing the Agency for 46 Health Care Administration to submit a budget 47 amendment to realign Medicaid funding for specified 48 purposes, subject to certain limitations; authorizing 49 the Agency for Health Care Administration and the 50 Department of Health to each submit a budget amendment 51 to realign funding within the Florida Kidcare program 52 appropriation categories or increase budget authority 53 for certain purposes; specifying the time period 54 during which each such budget amendment must be 55 submitted; amending ss. 381.986 and 381.988, F.S.; 56 extending for 1 year the exemption of certain rules 57 pertaining to the medical use of marijuana from 58 certain rulemaking requirements; amending s. 14(1) of 59 chapter 2017-232, Laws of Florida; exempting certain 60 rules pertaining to medical marijuana adopted to 61 replace emergency rules from specified rulemaking 62 requirements; providing for the future expiration and 63 reversion of specified law; authorizing the Department 64 of Children and Families to submit a budget amendment 65 to realign funding for implementation of the 66 Guardianship Assistance Program; authorizing the 67 Department of Children and Families to submit a budget 68 amendment to realign funding within the Family Safety 69 Program for specified purposes; authorizing the 70 Department of Children and Families to submit a budget 71 amendment to realign funding between appropriations 72 categories for specified purposes; authorizing the 73 Department of Health to submit a budget amendment to 74 increase budget authority for the HIV/AIDS Prevention 75 and Treatment Program if a certain condition is met; 76 authorizing the Department of Health to submit a 77 budget amendment to increase budget authority for the 78 department if additional federal revenues specific to 79 COVID-19 relief funds become available; reenacting and 80 amending s. 42(1)-(5) of chapter 2020-114, Laws of 81 Florida, as amended; prohibiting the Agency for Health 82 Care Administration from including certain contracts 83 in a specified project for the Florida Medicaid 84 program; extending for 1 fiscal year provisions 85 governing the Agency for Health Care Administration’s 86 replacement of the Florida Medicaid Management 87 Information System (FMMIS) and fiscal agent 88 operations; requiring the Agency for Health Care 89 Administration, in consultation with the Department of 90 Health, the Agency for Persons with Disabilities, the 91 Department of Children and Families, and the 92 Department of Corrections, to competitively procure a 93 contract with a vendor to negotiate prices for 94 prescription drugs; providing requirements for such 95 contract; amending s. 216.262, F.S.; extending for 1 96 fiscal year the authority of the Department of 97 Corrections to submit a budget amendment for 98 additional positions and appropriations under certain 99 circumstances; requiring review and approval by the 100 Legislative Budget Commission; amending s. 1011.80, 101 F.S.; specifying the manner by which state funds for 102 postsecondary workforce programs may be used for 103 inmate education; providing for the future expiration 104 and reversion of specified statutory text; amending s. 105 215.18, F.S.; extending for 1 fiscal year the 106 authority and related repayment requirements for 107 temporary trust fund loans to the state court system 108 which are sufficient to meet the system’s 109 appropriation; requiring the Department of Juvenile 110 Justice to review county juvenile detention payments 111 to determine whether a county has met specified 112 financial responsibilities; requiring amounts owed by 113 the county for such financial responsibilities to be 114 deducted from certain county funds; requiring the 115 Department of Revenue to transfer withheld funds to a 116 specified trust fund; requiring the Department of 117 Revenue to ensure that such reductions in amounts 118 distributed do not reduce distributions below amounts 119 necessary for certain payments due on bonds and comply 120 with bond covenants; requiring the Department of 121 Revenue to notify the Department of Juvenile Justice 122 if bond payment requirements mandate a reduction in 123 deductions for amounts owed by a county; reenacting s. 124 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S., 125 relating to court-appointed counsel; extending for 1 126 fiscal year provisions governing the appointment of 127 court-appointed counsel; providing for the future 128 expiration and reversion of specified statutory text; 129 amending s. 27.5304, F.S., and reenacting subsections 130 (1), (3), (7), and (11) and paragraphs (12)(a)-(e), 131 relating to private court-appointed counsel; extending 132 for 1 fiscal year limitations on compensation for 133 representation in criminal proceedings; providing for 134 the future expiration and reversion of specified 135 statutory text; authorizing the Department of 136 Financial Services to submit a budget amendment to 137 increase the category to pay for the information data 138 warehouse; authorizing the Department of Lottery to 139 submit a budget amendment to increase the 140 appropriation for the implementation of a new prize 141 payment system; requiring the Department of Management 142 Services to use tenant broker services to renegotiate 143 or reprocure certain private lease agreements for 144 office or storage space; requiring the Department of 145 Management Services to provide a report to the 146 Governor and the Legislature by a specified date; 147 prohibiting an agency from transferring funds from a 148 data processing category to another category that is 149 not a data processing category; authorizing the 150 Executive Office of the Governor to transfer funds 151 appropriated for a specified data center category 152 between departments for a specified purpose; 153 authorizing the Executive Office of the Governor to 154 transfer funds between departments for purposes of 155 aligning amounts paid for risk management insurance 156 and for human resource management services purchased 157 per statewide contract; reenacting and amending s. 158 72(1)-(5) of chapter 2020-114, Laws of Florida, as 159 amended; extending for 1 fiscal year provisions 160 requiring the Department of Financial Services to 161 replace specified components of the Florida Accounting 162 Information Resource Subsystem (FLAIR) and the Cash 163 Management Subsystem (CMS); amending s. 215.18, F.S.; 164 extending for 1 fiscal year the authority of the 165 Governor, if there is a specified temporary deficiency 166 in a land acquisition trust fund in the Department of 167 Agriculture and Consumer Services, the Department of 168 Environmental Protection, the Department of State, or 169 the Fish and Wildlife Conservation Commission, to 170 transfer funds from other trust funds in the State 171 Treasury as a temporary loan to such trust fund; 172 providing a deadline for the repayment of a temporary 173 loan; requiring the Department of Environmental 174 Protection to transfer designated proportions of the 175 revenues deposited in the Land Acquisition Trust Fund 176 within the department to land acquisition trust funds 177 in the Department of Agriculture and Consumer 178 Services, the Department of State, and the Fish and 179 Wildlife Conservation Commission according to 180 specified parameters and calculations; defining the 181 term “department”; requiring the Department of 182 Environmental Protection to make monthly transfers to 183 specified land acquisition trust funds; specifying the 184 method of determining transfer amounts; authorizing 185 the Department of Environmental Protection to advance 186 funds from its land acquisition trust fund to the Fish 187 and Wildlife Conservation Commission’s land 188 acquisition trust fund for specified purposes; 189 amending s. 576.045, F.S.; extending for 1 year the 190 expiration date of provisions relating to 191 fertilization-management practices and nitrogen and 192 phosphorus residues; amending s. 375.041, F.S.; 193 specifying that certain funds for projects dedicated 194 to restoring Lake Apopka shall be appropriated as 195 provided in the General Appropriations Act; reenacting 196 s. 376.3071(15)(g), F.S., relating to the Inland 197 Protection Trust Fund; exempting specified costs 198 incurred by certain petroleum storage system owners or 199 operators during a specified period from the 200 prohibition against making payments in excess of 201 amounts approved by the Department of Environmental 202 Protection; providing for the future expiration and 203 reversion of specified statutory text; reenacting s. 204 282.709, F.S., relating to the state agency law 205 enforcement radio system and interoperability network; 206 authorizing state agencies and other eligible users of 207 the Statewide Law Enforcement Radio System (SLERS) to 208 use a specified Department of Management Services 209 contract for purchases of equipment and services; 210 providing for the future expiration and reversion of 211 specified statutory text; exempting specified 212 competitive procurement requirements for the 213 Department of Environmental Protection for the 214 procurement of commodities and contractual services in 215 response to the Piney Point facility closure; amending 216 s. 321.04, F.S.; extending for 1 fiscal year the 217 requirement that the Department of Highway Safety and 218 Motor Vehicles assign one or more patrol officers to 219 the office of Lieutenant Governor for security 220 purposes, upon request of the Governor; extending for 221 1 fiscal year the requirement that the Department of 222 Highway Safety and Motor Vehicles assign a patrol 223 officer to a Cabinet member under certain 224 circumstances; amending s. 215.559, F.S.; delaying the 225 repeal of provisions governing the Division of 226 Emergency Management’s Hurricane Loss Mitigation 227 Program; amending s. 288.80125, F.S.; extending for 1 228 fiscal year a requirement that funds in the Triumph 229 Gulf Coast Trust Fund be used for the Rebuild Florida 230 Revolving Loan Fund program for purposes related to 231 Hurricane Michael recovery; amending s. 339.08, F.S.; 232 deleting obsolete language; appropriating funds to the 233 State Transportation Trust Fund from the General 234 Revenue Fund; reenacting and amending s. 339.135, 235 F.S.; extending for 1 year authorization for the chair 236 and vice chair of the Legislative Budget Commission to 237 approve certain work program amendments under 238 specified circumstances; amending s. 331.3101, F.S.; 239 revising requirements for Space Florida’s annual 240 report to the Legislature relating to expenses; 241 revising requirements relating to travel and 242 entertainment expenses of Space Florida; prohibiting 243 Space Florida from expending certain funds for 244 specified purposes; providing a cap on lodging 245 expenses for board members, staff, and employees of 246 Space Florida under certain circumstances; authorizing 247 board members, staff, and employees of Space Florida 248 to expend their own funds for lodging expenses in 249 excess of the cap; amending s. 337.11, F.S.; requiring 250 the Department of Transportation to implement certain 251 strategies relating to the design, inspection, and 252 construction of projects; requiring the department to 253 submit a report to the Governor and the Legislature by 254 a specified date detailing such strategies and 255 projected savings; authorizing the department to share 256 certain realized construction cost savings with design 257 services consultants under certain circumstances; 258 providing a cap for the amount paid to such 259 consultants; requiring the Department of Economic 260 Opportunity, in the administration of economic 261 development programs, to give priority to applications 262 for projects that benefit the on-shoring of 263 manufacturing to the state; amending s. 112.061, F.S.; 264 extending for 1 fiscal year the authorization for the 265 Lieutenant Governor to designate an alternative 266 official headquarters under certain conditions; 267 specifying restrictions, limitations, eligibility for 268 the subsistence allowance, reimbursement of 269 transportation expenses, and payment thereof; 270 requiring the Department of Management Services to 271 release certain competitive procurements by a 272 specified date; providing requirements for such 273 procurements; providing legislative intent; 274 authorizing the department to enter into contracts 275 that may require the payment of administrative fees 276 under a specified amount; requiring the department to 277 maintain and offer the same health insurance options 278 for participants of the State Group Health Insurance 279 Program for the 2022-2023 fiscal year as applied in 280 the preceding fiscal year; prohibiting a state agency 281 from initiating a competitive solicitation for a 282 product or service under certain circumstances; 283 providing an exception; providing that the annual 284 salaries of the members of the Legislature be 285 maintained at a specified level; reenacting s. 286 215.32(2)(b), F.S., relating to the source and use of 287 certain trust funds; providing for the future 288 expiration and reversion of statutory text; specifying 289 the types of travel which may be used with state 290 employee travel funds; providing exceptions; providing 291 a monetary cap on lodging costs for state employee 292 travel to certain meetings organized or sponsored by a 293 state agency or the judicial branch; authorizing 294 employees to expend their own funds for lodging 295 expenses that exceed the monetary cap; prohibiting a 296 state agency from entering into a contract containing 297 certain nondisclosure agreements; reenacting and 298 amending s. 14.35, F.S.; extending for 1 fiscal year 299 provisions authorizing the Governor’s Medal of 300 Freedom; providing conditions under which the veto of 301 certain appropriations or proviso language in the 302 General Appropriations Act voids language that 303 implements such appropriation; providing for the 304 continued operation of certain provisions 305 notwithstanding a future repeal or expiration provided 306 by the act; providing severability; providing 307 effective dates. 308 309 Be It Enacted by the Legislature of the State of Florida: 310 311 Section 1. It is the intent of the Legislature that the 312 implementing and administering provisions of this act apply to 313 the General Appropriations Act for the 2022-2023 fiscal year. 314 Section 2. In order to implement Specific Appropriations 5, 315 6, 86, and 87 of the 2022-2023 General Appropriations Act, the 316 calculations of the Florida Education Finance Program for the 317 2022-2023 fiscal year included in the document titled “Public 318 School Funding: The Florida Education Finance Program (FEFP) 319 Fiscal Year 2022-2023,” dated February 4, 2022, and filed with 320 the Secretary of the Senate, are incorporated by reference for 321 the purpose of displaying the calculations used by the 322 Legislature, consistent with the requirements of state law, in 323 making appropriations for the Florida Education Finance Program. 324 This section expires July 1, 2023. 325 Section 3. In order to implement Specific Appropriations 5 326 and 86 of the 2022-2023 General Appropriations Act, and 327 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42, 328 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the 329 expenditure of funds provided for instructional materials, for 330 the 2022-2023 fiscal year, funds provided for instructional 331 materials shall be released and expended as required in the 332 proviso language for Specific Appropriation 86 of the 2022-2023 333 General Appropriations Act. This section expires July 1, 2023. 334 Section 4. In order to implement Specific Appropriation 15 335 of the 2022-2023 General Appropriations Act, and notwithstanding 336 the expiration date in section 5 of chapter 2021-37, Laws of 337 Florida, subsection (1) of section 1013.62, Florida Statutes, is 338 reenacted and amended to read: 339 1013.62 Charter schools capital outlay funding.— 340 (1) For the 2022-20232021-2022fiscal year, charter school 341 capital outlay funding shall consist of state funds appropriated 342 in the 2022-20232021-2022General Appropriations Act. Beginning 343 in fiscal year 2023-20242022-2023, charter school capital 344 outlay funding shall consist of state funds when such funds are 345 appropriated in the General Appropriations Act and revenue 346 resulting from the discretionary millage authorized in s. 347 1011.71(2) if the amount of state funds appropriated for charter 348 school capital outlay in any fiscal year is less than the 349 average charter school capital outlay funds per unweighted full 350 time equivalent student for the 2018-2019 fiscal year, 351 multiplied by the estimated number of charter school students 352 for the applicable fiscal year, and adjusted by changes in the 353 Consumer Price Index issued by the United States Department of 354 Labor from the previous fiscal year. Nothing in this subsection 355 prohibits a school district from distributing to charter schools 356 funds resulting from the discretionary millage authorized in s. 357 1011.71(2). 358 (a) To be eligible to receive capital outlay funds, a 359 charter school must: 360 1.a. Have been in operation for 2 or more years; 361 b. Be governed by a governing board established in the 362 state for 2 or more years which operates both charter schools 363 and conversion charter schools within the state; 364 c. Be an expanded feeder chain of a charter school within 365 the same school district that is currently receiving charter 366 school capital outlay funds; 367 d. Have been accredited by a regional accrediting 368 association as defined by State Board of Education rule; 369 e. Serve students in facilities that are provided by a 370 business partner for a charter school-in-the-workplace pursuant 371 to s. 1002.33(15)(b); or 372 f. Be operated by a hope operator pursuant to s. 1002.333. 373 2. Have an annual audit that does not reveal any of the 374 financial emergency conditions provided in s. 218.503(1) for the 375 most recent fiscal year for which such audit results are 376 available. 377 3. Have satisfactory student achievement based on state 378 accountability standards applicable to the charter school. 379 4. Have received final approval from its sponsor pursuant 380 to s. 1002.33 for operation during that fiscal year. 381 5. Serve students in facilities that are not provided by 382 the charter school’s sponsor. 383 (b) A charter school is not eligible to receive capital 384 outlay funds if it was created by the conversion of a public 385 school and operates in facilities provided by the charter 386 school’s sponsor for a nominal fee, or at no charge, or if it is 387 directly or indirectly operated by the school district. 388 Section 5. The amendments to s. 1013.62(1), Florida 389 Statutes, by this act expire July 1, 2023, and the text of that 390 subsection shall revert to that in existence on June 30, 2020, 391 except that any amendments to such text enacted other than by 392 this act shall be preserved and continue to operate to the 393 extent that such amendments are not dependent upon the portions 394 of text which expire pursuant to this section. 395 Section 6. In order to implement Specific Appropriations 5 396 and 86 of the 2022-2023 General Appropriations Act, subsection 397 (15) of section 1011.62, Florida Statutes, is amended to read: 398 1011.62 Funds for operation of schools.—If the annual 399 allocation from the Florida Education Finance Program to each 400 district for operation of schools is not determined in the 401 annual appropriations act or the substantive bill implementing 402 the annual appropriations act, it shall be determined as 403 follows: 404 (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The 405 Legislature may provide an annual funding compression and hold 406 harmless allocation in the General Appropriations Act. The 407 allocation is created to provide additional funding to school 408 districts if the school district’s total funds per FTE in the 409 prior year were less than the statewide average or if the school 410 district’s district cost differential in the current year is 411 less than the prior year. The total allocation shall be 412 distributed to eligible school districts as follows: 413 (a) Using the most recent prior year FEFP calculation for 414 each eligible school district, subtract the total school 415 district funds per FTE from the state average funds per FTE, not 416 including any adjustments made pursuant to paragraph (17)(b). 417 The resulting funds per FTE difference, or a portion thereof, as 418 designated in the General Appropriations Act, shall then be 419 multiplied by the school district’s total unweighted FTE. 420 (b) Multiply the absolute value of the difference between 421 the eligible school district’s current year district cost 422 differential and the prior year district cost differential by a 423 hold harmless factor as designated in the General Appropriations 424 Act. The result is the district cost differential hold harmless 425 index. Multiply the index by the eligible school district’s 426 weighted FTE and by the base student allocation as designated in 427 the General Appropriations Act. 428 (c) For each district, select the greater of the amounts 429 calculated in paragraphs (a) and (b) and upon summation, if the 430 total amount is greater than the amount included in the General 431 Appropriations Act, the allocation shall be prorated to the 432 appropriation amount based on each participating school 433 district’s share. 434 435 This subsection expires July 1, 20232022. 436 Section 7. In order to implement Specific Appropriations 5 437 and 86 of the 2022-2023 General Appropriations Act, paragraphs 438 (a) and (b) of subsection (7) of section 1011.62, Florida 439 Statutes, are amended to read: 440 1011.62 Funds for operation of schools.—If the annual 441 allocation from the Florida Education Finance Program to each 442 district for operation of schools is not determined in the 443 annual appropriations act or the substantive bill implementing 444 the annual appropriations act, it shall be determined as 445 follows: 446 (7) DETERMINATION OF SPARSITY SUPPLEMENT.— 447 (a) Annually, in an amount to be determined by the 448 Legislature through the General Appropriations Act, there shall 449 be added to the basic amount for current operation of the FEFP 450 qualified districts a sparsity supplement which shall be 451 computed as follows: 452 453 Sparsity Factor = 1101.8918 – 0.1101 454 2700 + districtsparsityindex 455 except that districts with a sparsity index of 1,000 or less 456 shall be computed as having a sparsity index of 1,000, and 457 districts having a sparsity index of 7,308 and above shall be 458 computed as having a sparsity factor of zero. A qualified 459 district’s full-time equivalent student membership shall equal 460 or be less than that prescribed annually by the Legislature in 461 the appropriations act. The amount prescribed annually by the 462 Legislature shall be no less than 17,000, but no more than 463 30,00024,000. 464 (b) The district sparsity index shall be computed by 465 dividing the total number of full-time equivalent students in 466 all programs in the district by the number of senior high school 467 centers in the district, not in excess of three, which centers 468 are approved as permanent centers by a survey made by the 469 Department of Education. For districts with a full-time 470 equivalent student membership of at least 20,000, but no more 471 than 30,00024,000, the index shall be computed by dividing the 472 total number of full-time equivalent students in all programs by 473 the number of permanent senior high school centers in the 474 district, not in excess of four. 475 Section 8. The amendments to s. 1011.62(7)(a) and (b), 476 Florida Statutes, made by this act expire July 1, 2023, and the 477 text of that subsection shall revert to that in existence on 478 June 30, 2022, except that any amendments to such text enacted 479 other than by this act shall be preserved and continue to 480 operate to the extent that such amendments are not dependent 481 upon the portions of text which expire pursuant to this section. 482 Section 9. In order to implement Specific Appropriation 114 483 of the 2022-2023 General Appropriations Act, and notwithstanding 484 the expiration date in section 8 of chapter 2021-37, Laws of 485 Florida, subsection (1) of section 1001.26, Florida Statutes, is 486 reenacted to read: 487 1001.26 Public broadcasting program system.— 488 (1) There is created a public broadcasting program system 489 for the state. The department shall provide funds, as 490 specifically appropriated in the General Appropriations Act, to 491 educational television stations qualified by the Corporation for 492 Public Broadcasting or public colleges and universities that are 493 part of the public broadcasting program system. The program 494 system must include: 495 (a) Support for existing Corporation for Public 496 Broadcasting qualified program system educational television 497 stations. 498 (b) Maintenance of quality broadcast capability for 499 educational stations that are part of the program system. 500 (c) Interconnection of all educational stations that are 501 part of the program system for simultaneous broadcast and of 502 such stations with all universities and other institutions as 503 necessary for sharing of resources and delivery of programming. 504 (d) Establishment and maintenance of a capability for 505 statewide program distribution with facilities and staff, 506 provided such facilities and staff complement and strengthen 507 existing educational television stations. 508 (e) Provision of both statewide programming funds and 509 station programming support for educational television to meet 510 statewide priorities. Priorities for station programming need 511 not be the same as priorities for programming to be used 512 statewide. Station programming may include, but shall not be 513 limited to, citizens’ participation programs, music and fine 514 arts programs, coverage of public hearings and governmental 515 meetings, equal air time for political candidates, and other 516 public interest programming. 517 Section 10. The text of s. 1001.26(1), Florida Statutes, as 518 carried forward from chapter 2018-10, Laws of Florida, by this 519 act, expires July 1, 2023, and the text of that subsection shall 520 revert to that in existence on June 30, 2018, except that any 521 amendment to such text enacted other than by this act shall be 522 preserved and continue to operate to the extent that such 523 amendments are not dependent upon the portions of text which 524 expire pursuant to this section. 525 Section 11. In order to implement Specific Appropriation 526 115 of the 2022-2023 General Appropriations Act, paragraph (b) 527 of subsection (7) of section 1011.80, Florida Statutes, is 528 amended to read: 529 1011.80 Funds for operation of workforce education 530 programs.— 531 (7) 532 (b) Performance funding for industry certifications for 533 school district workforce education programs is contingent upon 534 specific appropriation in the General Appropriations Act and 535 shall be determined as follows: 536 1. Industry certifications identified on the CAPE Industry 537 Certification Funding List approved by the State Board of 538 Education under s. 1008.44 are eligible for performance funding. 539 2. Each school district shall be provided $1,000 for each 540 industry certification earned by a workforce education student. 541 If funds are insufficient to fully fund the calculated total 542 award, such funds shall be prorated. Beginning with the 2023 543 20242022-2023fiscal year, the Credentials Review Committee 544 established in s. 445.004 shall develop a returned-value funding 545 formula to allocate school district performance funds that 546 rewards student job placements and wages for students earning 547 industry certifications, with a focus on increasing the economic 548 mobility of underserved populations. One-third of the 549 performance funds shall be allocated based on student job 550 placements. The remaining two-thirds shall be allocated using a 551 tiered weighted system based on aggregate student wages that 552 exceed minimum wage, with the highest weight applied to the 553 highest wage tier, with additional weight for underserved 554 populations. Student wages above minimum wage are considered to 555 be the value added by the institution’s training. At a minimum, 556 the formula must take into account variables such as differences 557 in population and wages across school districts. 558 Section 12. In order to implement Specific Appropriation 559 123 of the 2022-2023 General Appropriations Act, paragraph (b) 560 of subsection (2) of section 1011.81, Florida Statutes, is 561 amended to read: 562 1011.81 Florida College System Program Fund.— 563 (2) Performance funding for industry certifications for 564 Florida College System institutions is contingent upon specific 565 appropriation in the General Appropriations Act and shall be 566 determined as follows: 567 (b) Each Florida College System institution shall be 568 provided $1,000 for each industry certification earned by a 569 student under paragraph (a). If funds are insufficient to fully 570 fund the calculated total award, such funds shall be prorated. 571 Beginning with the 2023-20242022-2023fiscal year, the 572 Credentials Review Committee established in s. 445.004 shall 573 develop a returned-value funding formula to allocate institution 574 performance funds that rewards student job placements and wages 575 for students earning industry certifications, with a focus on 576 increasing the economic mobility of underserved populations. 577 One-third of the performance funds shall be allocated based on 578 student job placements. The remaining two-thirds shall be 579 allocated using a tiered, weighted system based on aggregate 580 student wages that exceed minimum wage, with the highest weight 581 applied to the highest wage tier, with additional weight for 582 underserved populations. Student wages above minimum wage are 583 considered to be the value added by the institution’s training. 584 At a minimum, the formula must take into account variables such 585 as differences in population and wages across the state. 586 Section 13. The amendments to ss. 1011.80(7)(b) and 587 1011.81(2)(b), Florida Statutes, by this act expire July 1, 588 2023, and the text of that subsection shall revert to that in 589 existence on June 30, 2022, except that any amendments to such 590 text enacted other than by this act shall be preserved and 591 continue to operate to the extent that such amendments are not 592 dependent upon the portions of text which expire pursuant to 593 this section. 594 Section 14. In order to implement Specific Appropriation 595 145 of the 2022-2023 General Appropriations Act, section 596 1004.6496, Florida Statutes, is created to read: 597 1004.6496 Hamilton Center for Classical and Civic 598 Education.— 599 (1) The Board of Trustees of the University of Florida may 600 use funds as provided in the General Appropriations Act to 601 establish the Hamilton Center for Classical and Civic Education 602 as an academic unit within the University of Florida. The 603 purpose of the center is to support teaching and research 604 concerning the ideas, traditions, and texts that form the 605 foundations of Western and American civilization. The Board of 606 Trustees of the university is authorized to rename the center 607 consistent with its philanthropic naming governance procedures. 608 (2) The goals of the center are to: 609 (a) Educate university students in the core texts and great 610 debates of Western civilization; 611 (b) Educate university students in the principles, ideals, 612 and institutions of the American political order; 613 (c) Educate university students in the foundations of 614 responsible leadership and informed citizenship; and 615 (d) Offer university-wide programming related to civic 616 education and the values of open inquiry and civil discourse. 617 (3) This section expires July 1, 2023. 618 Section 15. In order to implement Specific Appropriations 619 197 through 224 and 524 of the 2022-2023 General Appropriations 620 Act, and notwithstanding ss. 216.181 and 216.292, Florida 621 Statutes, the Agency for Health Care Administration, in 622 consultation with the Department of Health, may submit a budget 623 amendment, subject to the notice, review, and objection 624 procedures of s. 216.177, Florida Statutes, to realign funding 625 within and between agencies based on implementation of the 626 managed medical assistance component of the Statewide Medicaid 627 Managed Care program for the Children’s Medical Services program 628 of the Department of Health. The funding realignment shall 629 reflect the actual enrollment changes due to the transfer of 630 beneficiaries from fee-for-service to the capitated Children’s 631 Medical Services network. The Agency for Health Care 632 Administration may submit a request for nonoperating budget 633 authority to transfer the federal funds to the Department of 634 Health pursuant to s. 216.181(12), Florida Statutes. This 635 section expires July 1, 2023. 636 Section 16. In order to implement Specific Appropriations 637 197 through 224 of the 2022-2023 General Appropriations Act, and 638 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 639 Agency for Health Care Administration may submit a budget 640 amendment, subject to the notice, review, and objection 641 procedures of s. 216.177, Florida Statutes, to realign funding 642 within the Medicaid program appropriation categories to address 643 projected surpluses and deficits within the program and to 644 maximize the use of state trust funds. A single budget amendment 645 shall be submitted in the last quarter of the 2022-2023 fiscal 646 year only. This section expires July 1, 2023. 647 Section 17. In order to implement Specific Appropriations 648 176 through 181 and 524 of the 2022-2023 General Appropriations 649 Act, and notwithstanding ss. 216.181 and 216.292, Florida 650 Statutes, the Agency for Health Care Administration and the 651 Department of Health may each submit a budget amendment, subject 652 to the notice, review, and objection procedures of s. 216.177, 653 Florida Statutes, to realign funding within the Florida Kidcare 654 program appropriation categories, or to increase budget 655 authority in the Children’s Medical Services network category, 656 to address projected surpluses and deficits within the program 657 or to maximize the use of state trust funds. A single budget 658 amendment must be submitted by each agency in the last quarter 659 of the 2022-2023 fiscal year only. This section expires July 1, 660 2023. 661 Section 18. In order to implement Specific Appropriations 662 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023 663 General Appropriations Act, subsection (17) of section 381.986, 664 Florida Statutes, is amended to read: 665 381.986 Medical use of marijuana.— 666 (17) Rules adopted pursuant to this section before July 1, 667 20232022, are not subject to ss. 120.54(3)(b) and 120.541. This 668 subsection expires July 1, 20232022. 669 Section 19. In order to implement Specific Appropriations 670 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023 671 General Appropriations Act, subsection (11) of section 381.988, 672 Florida Statutes, is amended to read: 673 381.988 Medical marijuana testing laboratories; marijuana 674 tests conducted by a certified laboratory.— 675 (11) Rules adopted under subsection (9) before July 1, 2023 6762022, are not subject to ss. 120.54(3)(b) and 120.541. This 677 subsection expires July 1, 20232022. 678 Section 20. Effective July 1, 2022, upon the expiration and 679 reversion of the amendments made to subsection (1) of section 14 680 of chapter 2017-232, Laws of Florida, pursuant to section 16 of 681 chapter 2021-37, Laws of Florida, and in order to implement 682 Specific Appropriations 467 through 469, 474, 475, 478, 482, and 683 483 of the 2022-2023 General Appropriations Act, subsection (1) 684 of section 14 of chapter 2017-232, Laws of Florida, is amended 685 to read: 686 Section 14. Department of Health; authority to adopt rules; 687 cause of action.— 688 (1) EMERGENCY RULEMAKING.— 689 (a) The Department of Health and the applicable boards 690 shall adopt emergency rules pursuant to s. 120.54(4), Florida 691 Statutes, and this section necessary to implement ss. 381.986 692 and 381.988, Florida Statutes. If an emergency rule adopted 693 under this section is held to be unconstitutional or an invalid 694 exercise of delegated legislative authority, and becomes void, 695 the department or the applicable boards may adopt an emergency 696 rule pursuant to this section to replace the rule that has 697 become void. If the emergency rule adopted to replace the void 698 emergency rule is also held to be unconstitutional or an invalid 699 exercise of delegated legislative authority and becomes void, 700 the department and the applicable boards must follow the 701 nonemergency rulemaking procedures of the Administrative 702 Procedures Act to replace the rule that has become void. 703 (b) For emergency rules adopted under this section, the 704 department and the applicable boards need not make the findings 705 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 706 adopted under this section are exempt from ss. 120.54(3)(b) and 707 120.541, Florida Statutes. The department and the applicable 708 boards shall meet the procedural requirements in s. 120.54(4)(a) 709s. 120.54(a), Florida Statutes, if the department or the 710 applicable boards have, before July 1, 2019the effective date711of this act, held any public workshops or hearings on the 712 subject matter of the emergency rules adopted under this 713 subsection. Challenges to emergency rules adopted under this 714 subsection are subject to the time schedules provided in s. 715 120.56(5), Florida Statutes. 716 (c) Emergency rules adopted under this section are exempt 717 from s. 120.54(4)(c), Florida Statutes, and shall remain in 718 effect until replaced by rules adopted under the nonemergency 719 rulemaking procedures of the Administrative Procedures Act. 720 Rules adopted under the nonemergency rulemaking procedures of 721 the Administrative Procedures Act to replace emergency rules 722 adopted under this section are exempt from ss. 120.54(3)(b) and 723 120.541, Florida Statutes. By July 1, 2023January 1, 2018, the 724 department and the applicable boards shall initiate nonemergency 725 rulemaking pursuant to the Administrative Procedures Act to 726 replace all emergency rules adopted under this section by 727 publishing a notice of rule development in the Florida 728 Administrative Register. Except as provided in paragraph (a), 729 after July 1, 2023January 1, 2018, the department and 730 applicable boards may not adopt rules pursuant to the emergency 731 rulemaking procedures provided in this section. 732 Section 21. The amendments to s. 14(1) of chapter 2017-232, 733 Laws of Florida, made by this act expire July 1, 2023, and the 734 text of that subsection shall revert to that in existence on 735 June 30, 2019, except that any amendments to such text enacted 736 other than by this act shall be preserved and continue to 737 operate to the extent that such amendments are not dependent 738 upon the portions of text which expire pursuant to this section. 739 Section 22. In order to implement Specific Appropriations 740 326, 328, 357, and 358 of the 2022-2023 General Appropriations 741 Act, and notwithstanding ss. 216.181 and 216.292, Florida 742 Statutes, the Department of Children and Families may submit a 743 budget amendment, subject to the notice, review, and objection 744 procedures of s. 216.177, Florida Statutes, to realign funding 745 within the department based on the implementation of the 746 Guardianship Assistance Program, between and among the specific 747 appropriations for guardianship assistance payments, foster care 748 Level 1 room and board payments, relative caregiver payments, 749 and nonrelative caregiver payments. This section expires July 1, 750 2023. 751 Section 23. In order to implement Specific Appropriations 752 307 through 310, 315, 316, 319, 324 through 326, and 328 of the 753 2022-2023 General Appropriations Act, and notwithstanding ss. 754 216.181 and 216.292, Florida Statutes, the Department of 755 Children and Families may submit a budget amendment, subject to 756 the notice, review, and objection procedures of s. 216.177, 757 Florida Statutes, to realign funding within the Family Safety 758 Program to maximize the use of Title IV-E and other federal 759 funds. This section expires July 1, 2023. 760 Section 24. In order to implement Specific Appropriations 761 283, 297, 307, 329, 334 through 336, 342, and 362 of the 2022 762 2023 General Appropriations Act, and notwithstanding ss. 216.181 763 and 216.292, Florida Statutes, the Department of Children and 764 Families may submit a budget amendment, subject to the notice, 765 review, and objection procedures of s. 216.177, Florida 766 Statutes, to realign funding between appropriations categories 767 to support contracted staffing equivalents to sustain forensic 768 bed capacity and resident-to-workforce ratios at the state’s 769 mental health treatment facilities. This section expires July 1, 770 2023. 771 Section 25. In order to implement Specific Appropriations 772 470 and 509 of the 2022-2023 General Appropriations Act, and 773 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 774 Department of Health may submit a budget amendment, subject to 775 the notice, review, and objection procedures of s. 216.177, 776 Florida Statutes, to increase budget authority for the HIV/AIDS 777 Prevention and Treatment Program if additional federal revenues 778 specific to HIV/AIDS prevention and treatment become available 779 in the 2022-2023 fiscal year. This section expires July 1, 2023. 780 Section 26. In order to implement Specific Appropriations 781 423 through 552 of the 2022-2023 General Appropriations Act, and 782 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 783 Department of Health may submit a budget amendment, subject to 784 the notice, review, and objection procedures of s. 216.177, 785 Florida Statutes, to increase budget authority for the 786 department if additional federal revenues specific to COVID-19 787 relief funds become available in the 2022-2023 fiscal year. This 788 section expires July 1, 2023. 789 Section 27. In order to implement Specific Appropriation 790 191 of the 2022-2023 General Appropriations Act, subsections (1) 791 through (5) of section 42 of chapter 2020-114, Laws of Florida, 792 as amended by section 21 of chapter 2021-37, Laws of Florida, 793 are reenacted and amended to read: 794 Section 42. (1) The Agency for Health Care Administration 795 shall replace the current Florida Medicaid Management 796 Information System (FMMIS) and fiscal agent operations with a 797 system that is modular, interoperable, and scalable for the 798 Florida Medicaid program that complies with all applicable 799 federal and state laws and requirements. The agency may not 800 include in the project to replace the current FMMIS and fiscal 801 agent contract: 802 (a) Functionality that duplicates any of the information 803 systems of the other health and human services state agencies; 804or805 (b) Procurement for agency requirements external to 806 Medicaid programs with the intent to leverage the Medicaid 807 technology infrastructure for other purposes without legislative 808 appropriation or legislative authorization to procure these 809 requirements; or 810 (c) Any contract executed after the effective date of this 811 act, outside of staff augmentation services purchased off the 812 Department of Management Services Information Technology staff 813 augmentation state term contract, which are not deliverables 814 based fixed price contracts. 815 816 The new system, the Florida Health Care Connection (FX) system, 817 must provide better integration with subsystems supporting 818 Florida’s Medicaid program; uniformity, consistency, and 819 improved access to data; and compatibility with the Centers for 820 Medicare and Medicaid Services’ Medicaid Information Technology 821 Architecture (MITA) as the system matures and expands its 822 functionality. 823 (2) For purposes of replacing FMMIS and the current 824 Medicaid fiscal agent, the Agency for Health Care Administration 825 shall: 826 (a) Prioritize procurements for the replacement of the 827 current functions of FMMIS and the responsibilities of the 828 current Medicaid fiscal agent, to minimize the need to extend 829 all or portions of the current fiscal agent contract. 830 (b) Comply with and not exceed the Centers for Medicare and 831 Medicaid Services funding authorizations for the FX system. 832 (c) Ensure compliance and uniformity with published MITA 833 framework and guidelines. 834 (d) Ensure that all business requirements and technical 835 specifications have been provided to all affected state agencies 836 for their review and input and approved by the executive 837 steering committee established in paragraph (g). 838 (e) Consult with the Executive Office of the Governor’s 839 working group for interagency information technology integration 840 for the development of competitive solicitations that provide 841 for data interoperability and shared information technology 842 services across the state’s health and human services agencies. 843 (f) Implement a data governance structure for the project 844 to coordinate data sharing and interoperability across state 845 healthcare entities. 846 (g) Implement a project governance structure that includes 847 an executive steering committee composed of: 848 1. The Secretary of Health Care Administration, or the 849 executive sponsor of the project. 850 2. A representative of the Division of Operations of the 851 Agency for Health Care Administration, appointed by the 852 Secretary of Health Care Administration. 853 3. Two representatives from the Division of Medicaid of the 854 Agency for Health Care Administration, appointed by the 855 Secretary of Health Care Administration. 856 4. A representative of the Division of Health Quality 857 Assurance of the Agency for Health Care Administration, 858 appointed by the Secretary of Health Care Administration. 859 5. A representative of the Florida Center for Health 860 Information and Transparency of the Agency for Health Care 861 Administration, appointed by the Secretary of Health Care 862 Administration. 863 6. The Chief Information Officer of the Agency for Health 864 Care Administration, or his or her designee. 865 7. The state chief information officer, or his or her 866 designee. 867 8. Two representatives of the Department of Children and 868 Families, appointed by the Secretary of Children and Families. 869 9. A representative of the Department of Health, appointed 870 by the State Surgeon General. 871 10. A representative of the Agency for Persons with 872 Disabilities, appointed by the director of the Agency for 873 Persons with Disabilities. 874 11. A representative from the Florida Healthy Kids 875 Corporation. 876 12. A representative from the Department of Elderly 877 Affairs, appointed by the Secretary of Elderly Affairs. 878 13. A representative of the Department of Financial 879 Services who has experience with the state’s financial processes 880 including development of the PALM system, appointed by the Chief 881 Financial Officer. 882 (3) The Secretary of Health Care Administration or the 883 executive sponsor of the project shall serve as chair of the 884 executive steering committee, and the committee shall take 885 action by a vote of at least 10 affirmative votes with the chair 886 voting on the prevailing side. A quorum of the executive 887 steering committee consists of at least 11 members. 888 (4) The executive steering committee has the overall 889 responsibility for ensuring that the project to replace FMMIS 890 and the Medicaid fiscal agent meets its primary business 891 objectives and shall: 892 (a) Identify and recommend to the Executive Office of the 893 Governor, the President of the Senate, and the Speaker of the 894 House of Representatives any statutory changes needed to 895 implement the modular replacement to standardize, to the fullest 896 extent possible, the state’s healthcare data and business 897 processes. 898 (b) Review and approve any changes to the project’s scope, 899 schedule, and budget which do not conflict with the requirements 900 of subsections (1) and (2). 901 (c) Ensure that adequate resources are provided throughout 902 all phases of the project. 903 (d) Approve all major project deliverables. 904 (e) Review and verify that all procurement and contractual 905 documents associated with the replacement of the current FMMIS 906 and Medicaid fiscal agent align with the scope, schedule, and 907 anticipated budget for the project. 908 (5) This section expires July 1, 20232022. 909 Section 28. In order to implement Specific Appropriations 910 189, 211, 212, 279, 337, 487, 703, 704, and 705 of the 2022-2023 911 General Appropriations Act, the Agency for Health Care 912 Administration, in consultation with the Department of Health, 913 the Agency for Persons with Disabilities, the Department of 914 Children and Families, and the Department of Corrections, shall 915 competitively procure a contract with a vendor to negotiate 916 prices for prescription drugs, including insulin and 917 epinephrine, for all participating agencies. The contract must 918 also allow for the direct purchase of such drugs for 919 participating agencies when possible. The contract must require 920 that the vendor be compensated on a contingency basis paid from 921 a portion of the savings achieved through the negotiation and 922 purchase of the prescription drugs. This section expires July 1, 923 2023. 924 Section 29. In order to implement Specific Appropriations 925 581 through 684A and 696 through 731 of the 2022-2023 General 926 Appropriations Act, subsection (4) of section 216.262, Florida 927 Statutes, is amended to read: 928 216.262 Authorized positions.— 929 (4) Notwithstanding the provisions of this chapter relating 930 to increasing the number of authorized positions, and for the 931 2022-20232021-2022fiscal year only, if the actual inmate 932 population of the Department of Corrections exceeds the inmate 933 population projections of the January 13, 2022March 17, 2021, 934 Criminal Justice Estimating Conference by 1 percent for 2 935 consecutive months or 2 percent for any month, the Executive 936 Office of the Governor, with the approval of the Legislative 937 Budget Commission, shall immediately notify the Criminal Justice 938 Estimating Conference, which shall convene as soon as possible 939 to revise the estimates. The Department of Corrections may then 940 submit a budget amendment requesting the establishment of 941 positions in excess of the number authorized by the Legislature 942 and additional appropriations from unallocated general revenue 943 sufficient to provide for essential staff, fixed capital 944 improvements, and other resources to provide classification, 945 security, food services, health services, and other variable 946 expenses within the institutions to accommodate the estimated 947 increase in the inmate population. All actions taken pursuant to 948 this subsection are subject to review and approval by the 949 Legislative Budget Commission. This subsection expires July 1, 950 20232022. 951 Section 30. In order to implement Specific Appropriation 952 719 of the 2022-2023 General Appropriations Act, and upon the 953 expiration and reversion of the amendments made by section 25 of 954 2021-37, Laws of Florida, paragraph (b) of subsection (8) of 955 section 1011.80, Florida Statutes, as amended by chapter 2018 956 104, Laws of Florida, is amended to read: 957 1011.80 Funds for operation of workforce education 958 programs.— 959 (8) 960 (b) State funds provided for the operation of postsecondary 961 workforce programs may not be expended for the education of 962 state or federal inmates, except to the extent that such funds 963 are specifically appropriated for such purpose in the 2022-2023 964 General Appropriations Actwith more than 24 months of time965remaining to serve on their sentences or federal inmates. 966 Section 31. The amendment to s. 1011.80(8)(b), Florida 967 Statutes, made by this act expires July 1, 2023, and the text of 968 that paragraph shall revert to that in existence on July 1, 969 2019, but not including any amendments made by this act or 970 chapters 2019-116 and 2018-10, Laws of Florida, and any 971 amendments to such text enacted other than by this act shall be 972 preserved and continue to operate to the extent that such 973 amendments are not dependent upon the portions of text which 974 expire pursuant to this section. 975 Section 32. In order to implement Specific Appropriations 976 3201 through 3267 of the 2022-2023 General Appropriations Act, 977 subsection (2) of section 215.18, Florida Statutes, is amended 978 to read: 979 215.18 Transfers between funds; limitation.— 980 (2) The Chief Justice of the Supreme Court may receive one 981 or more trust fund loans to ensure that the state court system 982 has funds sufficient to meet its appropriations in the 2022-2023 9832021-2022General Appropriations Act. If the Chief Justice 984 accesses the loan, he or she must notify the Governor and the 985 chairs of the legislative appropriations committees in writing. 986 The loan must come from other funds in the State Treasury which 987 are for the time being or otherwise in excess of the amounts 988 necessary to meet the just requirements of such last-mentioned 989 funds. The Governor shall order the transfer of funds within 5 990 days after the written notification from the Chief Justice. If 991 the Governor does not order the transfer, the Chief Financial 992 Officer shall transfer the requested funds. The loan of funds 993 from which any money is temporarily transferred must be repaid 994 by the end of the 2022-20232021-2022fiscal year. This 995 subsection expires July 1, 20232022. 996 Section 33. In order to implement Specific Appropriations 997 1113 through 1123 of the 2022-2023 General Appropriations Act: 998 (1) The Department of Juvenile Justice is required to 999 review county juvenile detention payments to ensure that 1000 counties fulfill their financial responsibilities required in s. 1001 985.6865, Florida Statutes. If the Department of Juvenile 1002 Justice determines that a county has not met its obligations, 1003 the department shall direct the Department of Revenue to deduct 1004 the amount owed to the Department of Juvenile Justice from the 1005 funds provided to the county under s. 218.23, Florida Statutes. 1006 The Department of Revenue shall transfer the funds withheld to 1007 the Shared County/State Juvenile Detention Trust Fund. 1008 (2) As an assurance to holders of bonds issued by counties 1009 before July 1, 2022, for which distributions made pursuant to s. 1010 218.23, Florida Statutes, are pledged, or bonds issued to refund 1011 such bonds which mature no later than the bonds they refunded 1012 and which result in a reduction of debt service payable in each 1013 fiscal year, the amount available for distribution to a county 1014 shall remain as provided by law and continue to be subject to 1015 any lien or claim on behalf of the bondholders. The Department 1016 of Revenue must ensure, based on information provided by an 1017 affected county, that any reduction in amounts distributed 1018 pursuant to subsection (1) does not reduce the amount of 1019 distribution to a county below the amount necessary for the 1020 timely payment of principal and interest when due on the bonds 1021 and the amount necessary to comply with any covenant under the 1022 bond resolution or other documents relating to the issuance of 1023 the bonds. If a reduction to a county’s monthly distribution 1024 must be decreased in order to comply with this section, the 1025 Department of Revenue must notify the Department of Juvenile 1026 Justice of the amount of the decrease, and the Department of 1027 Juvenile Justice must send a bill for payment of such amount to 1028 the affected county. 1029 (3) This section expires July 1, 2023. 1030 Section 34. In order to implement Specific Appropriations 1031 741 through 762A, 913 through 1056, and 1077 through 1112C of 1032 the 2022-2023 General Appropriations Act, and notwithstanding 1033 the expiration date in section 29 of chapter 2021-37, Laws of 1034 Florida, subsection (1), paragraph (a) of subsection (2), 1035 paragraph (a) of subsection (3), and subsections (5), (6), and 1036 (7) of section 27.40, Florida Statutes, are reenacted to read: 1037 27.40 Court-appointed counsel; circuit registries; minimum 1038 requirements; appointment by court.— 1039 (1) Counsel shall be appointed to represent any individual 1040 in a criminal or civil proceeding entitled to court-appointed 1041 counsel under the Federal or State Constitution or as authorized 1042 by general law. The court shall appoint a public defender to 1043 represent indigent persons as authorized in s. 27.51. The office 1044 of criminal conflict and civil regional counsel shall be 1045 appointed to represent persons in those cases in which provision 1046 is made for court-appointed counsel, but only after the public 1047 defender has certified to the court in writing that the public 1048 defender is unable to provide representation due to a conflict 1049 of interest or is not authorized to provide representation. The 1050 public defender shall report, in the aggregate, the specific 1051 basis of all conflicts of interest certified to the court. On a 1052 quarterly basis, the public defender shall submit this 1053 information to the Justice Administrative Commission. 1054 (2)(a) Private counsel shall be appointed to represent 1055 persons in those cases in which provision is made for court 1056 appointed counsel but only after the office of criminal conflict 1057 and civil regional counsel has been appointed and has certified 1058 to the court in writing that the criminal conflict and civil 1059 regional counsel is unable to provide representation due to a 1060 conflict of interest. The criminal conflict and civil regional 1061 counsel shall report, in the aggregate, the specific basis of 1062 all conflicts of interest certified to the court. On a quarterly 1063 basis, the criminal conflict and civil regional counsel shall 1064 submit this information to the Justice Administrative 1065 Commission. 1066 (3) In using a registry: 1067 (a) The chief judge of the circuit shall compile a list of 1068 attorneys in private practice, by county and by category of 1069 cases, and provide the list to the clerk of court in each 1070 county. The chief judge of the circuit may restrict the number 1071 of attorneys on the general registry list. To be included on a 1072 registry, an attorney must certify that he or she: 1073 1. Meets any minimum requirements established by the chief 1074 judge and by general law for court appointment; 1075 2. Is available to represent indigent defendants in cases 1076 requiring court appointment of private counsel; and 1077 3. Is willing to abide by the terms of the contract for 1078 services, s. 27.5304, and this section. 1079 1080 To be included on a registry, an attorney must enter into a 1081 contract for services with the Justice Administrative 1082 Commission. Failure to comply with the terms of the contract for 1083 services may result in termination of the contract and removal 1084 from the registry. Each attorney on the registry is responsible 1085 for notifying the clerk of the court and the Justice 1086 Administrative Commission of any change in his or her status. 1087 Failure to comply with this requirement is cause for termination 1088 of the contract for services and removal from the registry until 1089 the requirement is fulfilled. 1090 (5) The Justice Administrative Commission shall approve 1091 uniform contract forms for use in procuring the services of 1092 private court-appointed counsel and uniform procedures and forms 1093 for use by a court-appointed attorney in support of billing for 1094 attorney’s fees, costs, and related expenses to demonstrate the 1095 attorney’s completion of specified duties. Such uniform 1096 contracts and forms for use in billing must be consistent with 1097 s. 27.5304, s. 216.311, and the General Appropriations Act and 1098 must contain the following statement: “The State of Florida’s 1099 performance and obligation to pay under this contract is 1100 contingent upon an annual appropriation by the Legislature.” 1101 (6) After court appointment, the attorney must immediately 1102 file a notice of appearance with the court indicating acceptance 1103 of the appointment to represent the defendant and of the terms 1104 of the uniform contract as specified in subsection (5). 1105 (7)(a) A private attorney appointed by the court from the 1106 registry to represent a client is entitled to payment as 1107 provided in s. 27.5304 so long as the requirements of subsection 1108 (1) and paragraph (2)(a) are met. An attorney appointed by the 1109 court who is not on the registry list may be compensated under 1110 s. 27.5304 only if the court finds in the order of appointment 1111 that there were no registry attorneys available for 1112 representation for that case and only if the requirements of 1113 subsection (1) and paragraph (2)(a) are met. 1114 (b)1. The flat fee established in s. 27.5304 and the 1115 General Appropriations Act shall be presumed by the court to be 1116 sufficient compensation. The attorney shall maintain appropriate 1117 documentation, including contemporaneous and detailed hourly 1118 accounting of time spent representing the client. If the 1119 attorney fails to maintain such contemporaneous and detailed 1120 hourly records, the attorney waives the right to seek 1121 compensation in excess of the flat fee established in s. 27.5304 1122 and the General Appropriations Act. These records and documents 1123 are subject to review by the Justice Administrative Commission 1124 and audit by the Auditor General, subject to the attorney-client 1125 privilege and work-product privilege. The attorney shall 1126 maintain the records and documents in a manner that enables the 1127 attorney to redact any information subject to a privilege in 1128 order to facilitate the commission’s review of the records and 1129 documents and not to impede such review. The attorney may redact 1130 information from the records and documents only to the extent 1131 necessary to comply with the privilege. The Justice 1132 Administrative Commission shall review such records and shall 1133 contemporaneously document such review before authorizing 1134 payment to an attorney. Objections by or on behalf of the 1135 Justice Administrative Commission to records or documents or to 1136 claims for payment by the attorney shall be presumed correct by 1137 the court unless the court determines, in writing, that 1138 competent and substantial evidence exists to justify overcoming 1139 the presumption. 1140 2. If an attorney fails, refuses, or declines to permit the 1141 commission or the Auditor General to review documentation for a 1142 case as provided in this paragraph, the attorney waives the 1143 right to seek, and the commission may not pay, compensation in 1144 excess of the flat fee established in s. 27.5304 and the General 1145 Appropriations Act for that case. 1146 3. A finding by the commission that an attorney has waived 1147 the right to seek compensation in excess of the flat fee 1148 established in s. 27.5304 and the General Appropriations Act, as 1149 provided in this paragraph, shall be presumed to be correct, 1150 unless the court determines, in writing, that competent and 1151 substantial evidence exists to justify overcoming the 1152 presumption. 1153 Section 35. The amendments to s. 27.40(1), (2)(a), (3)(a), 1154 (5), (6), and (7), Florida Statutes, as carried forward from 1155 chapter 2019-116, Laws of Florida, by this act, expire July 1, 1156 2023, and the text of those subsections and paragraphs, as 1157 applicable, shall revert to that in existence on June 30, 2019, 1158 except that any amendments to such text enacted other than by 1159 this act shall be preserved and continue to operate to the 1160 extent that such amendments are not dependent upon the portions 1161 of text which expire pursuant to this section. 1162 Section 36. In order to implement Specific Appropriations 1163 741 through 762A, 913 through 1056, and 1077 through 1112C of 1164 the 2022-2023 General Appropriations Act, and notwithstanding 1165 the expiration date in section 31 of chapter 2021-37, Laws of 1166 Florida, subsection (13) of section 27.5304, Florida Statutes, 1167 is amended, and subsections (1), (3), (7), and (11), and 1168 paragraphs (a) through (e) of subsection (12) of that section 1169 are reenacted, to read: 1170 27.5304 Private court-appointed counsel; compensation; 1171 notice.— 1172 (1) Private court-appointed counsel appointed in the manner 1173 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the 1174 Justice Administrative Commission only as provided in this 1175 section and the General Appropriations Act. The flat fees 1176 prescribed in this section are limitations on compensation. The 1177 specific flat fee amounts for compensation shall be established 1178 annually in the General Appropriations Act. The attorney also 1179 shall be reimbursed for reasonable and necessary expenses in 1180 accordance with s. 29.007. If the attorney is representing a 1181 defendant charged with more than one offense in the same case, 1182 the attorney shall be compensated at the rate provided for the 1183 most serious offense for which he or she represented the 1184 defendant. This section does not allow stacking of the fee 1185 limits established by this section. 1186 (3) The court retains primary authority and responsibility 1187 for determining the reasonableness of all billings for attorney 1188 fees, costs, and related expenses, subject to statutory 1189 limitations and the requirements of s. 27.40(7). Private court 1190 appointed counsel is entitled to compensation upon final 1191 disposition of a case. 1192 (7) Counsel eligible to receive compensation from the state 1193 for representation pursuant to court appointment made in 1194 accordance with the requirements of s. 27.40(1) and (2)(a) in a 1195 proceeding under chapter 384, chapter 390, chapter 392, chapter 1196 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter 1197 744, or chapter 984 shall receive compensation not to exceed the 1198 limits prescribed in the General Appropriations Act. Any such 1199 compensation must be determined as provided in s. 27.40(7). 1200 (11) It is the intent of the Legislature that the flat fees 1201 prescribed under this section and the General Appropriations Act 1202 comprise the full and complete compensation for private court 1203 appointed counsel. It is further the intent of the Legislature 1204 that the fees in this section are prescribed for the purpose of 1205 providing counsel with notice of the limit on the amount of 1206 compensation for representation in particular proceedings and 1207 the sole procedure and requirements for obtaining payment for 1208 the same. 1209 (a) If court-appointed counsel moves to withdraw prior to 1210 the full performance of his or her duties through the completion 1211 of the case, the court shall presume that the attorney is not 1212 entitled to the payment of the full flat fee established under 1213 this section and the General Appropriations Act. 1214 (b) If court-appointed counsel is allowed to withdraw from 1215 representation prior to the full performance of his or her 1216 duties through the completion of the case and the court appoints 1217 a subsequent attorney, the total compensation for the initial 1218 and any and all subsequent attorneys may not exceed the flat fee 1219 established under this section and the General Appropriations 1220 Act, except as provided in subsection (12). 1221 1222 This subsection constitutes notice to any subsequently appointed 1223 attorney that he or she will not be compensated the full flat 1224 fee. 1225 (12) The Legislature recognizes that on rare occasions an 1226 attorney may receive a case that requires extraordinary and 1227 unusual effort. 1228 (a) If counsel seeks compensation that exceeds the limits 1229 prescribed by law, he or she must file a motion with the chief 1230 judge for an order approving payment of attorney fees in excess 1231 of these limits. 1232 1. Before filing the motion, the counsel shall deliver a 1233 copy of the intended billing, together with supporting 1234 affidavits and all other necessary documentation, to the Justice 1235 Administrative Commission. 1236 2. The Justice Administrative Commission shall review the 1237 billings, affidavit, and documentation for completeness and 1238 compliance with contractual and statutory requirements and shall 1239 contemporaneously document such review before authorizing 1240 payment to an attorney. If the Justice Administrative Commission 1241 objects to any portion of the proposed billing, the objection 1242 and supporting reasons must be communicated in writing to the 1243 private court-appointed counsel. The counsel may thereafter file 1244 his or her motion, which must specify whether the commission 1245 objects to any portion of the billing or the sufficiency of 1246 documentation, and shall attach the commission’s letter stating 1247 its objection. 1248 (b) Following receipt of the motion to exceed the fee 1249 limits, the chief judge or a single designee shall hold an 1250 evidentiary hearing. The chief judge may select only one judge 1251 per circuit to hear and determine motions pursuant to this 1252 subsection, except multicounty circuits and the eleventh circuit 1253 may have up to two designees. 1254 1. At the hearing, the attorney seeking compensation must 1255 prove by competent and substantial evidence that the case 1256 required extraordinary and unusual efforts. The chief judge or 1257 single designee shall consider criteria such as the number of 1258 witnesses, the complexity of the factual and legal issues, and 1259 the length of trial. The fact that a trial was conducted in a 1260 case does not, by itself, constitute competent substantial 1261 evidence of an extraordinary and unusual effort. In a criminal 1262 case, relief under this section may not be granted if the number 1263 of work hours does not exceed 75 or the number of the state’s 1264 witnesses deposed does not exceed 20. 1265 2. Objections by or on behalf of the Justice Administrative 1266 Commission to records or documents or to claims for payment by 1267 the attorney shall be presumed correct by the court unless the 1268 court determines, in writing, that competent and substantial 1269 evidence exists to justify overcoming the presumption. The chief 1270 judge or single designee shall enter a written order detailing 1271 his or her findings and identifying the extraordinary nature of 1272 the time and efforts of the attorney in the case which warrant 1273 exceeding the flat fee established by this section and the 1274 General Appropriations Act. 1275 (c) A copy of the motion and attachments shall be served on 1276 the Justice Administrative Commission at least 20 business days 1277 before the date of a hearing. The Justice Administrative 1278 Commission has standing to appear before the court, and may 1279 appear in person or telephonically, including at the hearing 1280 under paragraph (b), to contest any motion for an order 1281 approving payment of attorney fees, costs, or related expenses 1282 and may participate in a hearing on the motion by use of 1283 telephonic or other communication equipment. The Justice 1284 Administrative Commission may contract with other public or 1285 private entities or individuals to appear before the court for 1286 the purpose of contesting any motion for an order approving 1287 payment of attorney fees, costs, or related expenses. The fact 1288 that the Justice Administrative Commission has not objected to 1289 any portion of the billing or to the sufficiency of the 1290 documentation is not binding on the court. 1291 (d) If the chief judge or a single designee finds that 1292 counsel has proved by competent and substantial evidence that 1293 the case required extraordinary and unusual efforts, the chief 1294 judge or single designee shall order the compensation to be paid 1295 to the attorney at a percentage above the flat fee rate, 1296 depending on the extent of the unusual and extraordinary effort 1297 required. The percentage must be only the rate necessary to 1298 ensure that the fees paid are not confiscatory under common law. 1299 The percentage may not exceed 200 percent of the established 1300 flat fee, absent a specific finding that 200 percent of the flat 1301 fee in the case would be confiscatory. If the chief judge or 1302 single designee determines that 200 percent of the flat fee 1303 would be confiscatory, he or she shall order the amount of 1304 compensation using an hourly rate not to exceed $75 per hour for 1305 a noncapital case and $100 per hour for a capital case. However, 1306 the compensation calculated by using the hourly rate shall be 1307 only that amount necessary to ensure that the total fees paid 1308 are not confiscatory, subject to the requirements of s. 1309 27.40(7). 1310 (e) Any order granting relief under this subsection must be 1311 attached to the final request for a payment submitted to the 1312 Justice Administrative Commission and must satisfy the 1313 requirements of subparagraph (b)2. 1314 (13) Notwithstanding the limitation set forth in subsection 1315 (5) and for the 2022-20232021-2022fiscal year only, the 1316 compensation for representation in a criminal proceeding may not 1317 exceed the following: 1318 (a) For misdemeanors and juveniles represented at the trial 1319 level: $1,000. 1320 (b) For noncapital, nonlife felonies represented at the 1321 trial level: $15,000. 1322 (c) For life felonies represented at the trial level: 1323 $15,000. 1324 (d) For capital cases represented at the trial level: 1325 $25,000. For purposes of this paragraph, a “capital case” is any 1326 offense for which the potential sentence is death and the state 1327 has not waived seeking the death penalty. 1328 (e) For representation on appeal: $9,000. 1329 (f) This subsection expires July 1, 20232022. 1330 Section 37. The amendments to s. 27.5304(1), (3), (7), 1331 (11), and (12)(a)-(e), Florida Statutes, as carried forward from 1332 chapter 2019-116, Laws of Florida, by this act, expire July 1, 1333 2023, and the text of those subsections and paragraphs, as 1334 applicable, shall revert to that in existence on June 30, 2019, 1335 except that any amendments to such text enacted other than by 1336 this act shall be preserved and continue to operate to the 1337 extent that such amendments are not dependent upon the portions 1338 of text which expire pursuant to this section. 1339 Section 38. In order to implement section 60 of the 2022 1340 2023 General Appropriations Act, and notwithstanding ss. 216.181 1341 and 216.292, Florida Statutes, the Department of Financial 1342 Services may submit a budget amendment, subject to the notice, 1343 review, and objection procedures of s. 216.177, Florida 1344 Statutes, to increase the category to pay for the information 1345 data warehouse. This section expires July 1, 2023. 1346 Section 39. In order to implement Specific Appropriation 1347 2759O of the 2022-2023 General Appropriations Act, and 1348 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1349 Department of Lottery may submit a budget amendment, subject to 1350 the notice, review, and objection procedures of s. 216.177, 1351 Florida Statutes, to increase the appropriation for the 1352 implementation of a new prize payment system. This section 1353 expires July 1, 2023. 1354 Section 40. In order to implement appropriations used to 1355 pay existing lease contracts for private lease space in excess 1356 of 2,000 square feet in the 2022-2023 General Appropriations 1357 Act, the Department of Management Services, with the cooperation 1358 of the agencies having the existing lease contracts for office 1359 or storage space, shall use tenant broker services to 1360 renegotiate or reprocure all private lease agreements for office 1361 or storage space expiring between July 1, 2023, and June 30, 1362 2025, in order to reduce costs in future years. The department 1363 shall incorporate this initiative into its 2022 master leasing 1364 report required under s. 255.249(7), Florida Statutes, and may 1365 use tenant broker services to explore the possibilities of 1366 collocating office or storage space, to review the space needs 1367 of each agency, and to review the length and terms of potential 1368 renewals or renegotiations. The department shall provide a 1369 report to the Executive Office of the Governor, the President of 1370 the Senate, and the Speaker of the House of Representatives by 1371 November 1, 2022, which lists each lease contract for private 1372 office or storage space, the status of renegotiations, and the 1373 savings achieved. This section expires July 1, 2023. 1374 Section 41. In order to implement appropriations authorized 1375 in the 2022-2023 General Appropriations Act for data center 1376 services, and notwithstanding s. 216.292(2)(a), Florida 1377 Statutes, an agency may not transfer funds from a data 1378 processing category to a category other than another data 1379 processing category. This section expires July 1, 2023. 1380 Section 42. In order to implement the appropriation of 1381 funds in the appropriation category “Northwest Regional Data 1382 Center” in the 2022-2023 General Appropriations Act, and 1383 pursuant to the notice, review, and objection procedures of s. 1384 216.177, Florida Statutes, the Executive Office of the Governor 1385 may transfer funds appropriated in that category between 1386 departments in order to align the budget authority granted based 1387 on the estimated costs for data processing services for the 1388 2022-2023 fiscal year. This section expires July 1, 2023. 1389 Section 43. In order to implement the appropriation of 1390 funds in the appropriation category “Special Categories-Risk 1391 Management Insurance” in the 2022-2023 General Appropriations 1392 Act, and pursuant to the notice, review, and objection 1393 procedures of s. 216.177, Florida Statutes, the Executive Office 1394 of the Governor may transfer funds appropriated in that category 1395 between departments in order to align the budget authority 1396 granted with the premiums paid by each department for risk 1397 management insurance. This section expires July 1, 2023. 1398 Section 44. In order to implement the appropriation of 1399 funds in the appropriation category “Special Categories-Transfer 1400 to Department of Management Services-Human Resources Services 1401 Purchased per Statewide Contract” in the 2022-2023 General 1402 Appropriations Act, and pursuant to the notice, review, and 1403 objection procedures of s. 216.177, Florida Statutes, the 1404 Executive Office of the Governor may transfer funds appropriated 1405 in that category between departments in order to align the 1406 budget authority granted with the assessments that must be paid 1407 by each agency to the Department of Management Services for 1408 human resource management services. This section expires July 1, 1409 2023. 1410 Section 45. In order to implement Specific Appropriation 1411 2395 of the 2022-2023 General Appropriations Act, subsections 1412 (1) through (5) of section 72 of chapter 2020-114, Laws of 1413 Florida, as amended by section 39 of chapter 2021-37, Laws of 1414 Florida, are reenacted and amended to read: 1415 Section 72. (1) The Department of Financial Services shall 1416 replace the four main components of the Florida Accounting 1417 Information Resource Subsystem (FLAIR), which include central 1418 FLAIR, departmental FLAIR, payroll, and information warehouse, 1419 and shall replace the cash management and accounting management 1420 components of the Cash Management Subsystem (CMS) with an 1421 integrated enterprise system that allows the state to organize, 1422 define, and standardize its financial management business 1423 processes and that complies with ss. 215.90-215.96, Florida 1424 Statutes. The department may not include in the replacement of 1425 FLAIR and CMS: 1426 (a) Functionality that duplicates any of the other 1427 information subsystems of the Florida Financial Management 1428 Information System; or 1429 (b) Agency business processes related to any of the 1430 functions included in the Personnel Information System, the 1431 Purchasing Subsystem, or the Legislative Appropriations 1432 System/Planning and Budgeting Subsystem. 1433 (2) For purposes of replacing FLAIR and CMS, the Department 1434 of Financial Services shall: 1435 (a) Take into consideration the cost and implementation 1436 data identified for Option 3 as recommended in the March 31, 1437 2014, Florida Department of Financial Services FLAIR Study, 1438 version 031. 1439 (b) Ensure that all business requirements and technical 1440 specifications have been provided to all state agencies for 1441 their review and input and approved by the executive steering 1442 committee established in paragraph (c). 1443 (c) Implement a project governance structure that includes 1444 an executive steering committee composed of: 1445 1. The Chief Financial Officer or the executive sponsor of 1446 the project. 1447 2. A representative of the Division of Treasury of the 1448 Department of Financial Services, appointed by the Chief 1449 Financial Officer. 1450 3. A representative of the Division of Information Systems 1451 of the Department of Financial Services, appointed by the Chief 1452 Financial Officer. 1453 4. Four employees from the Division of Accounting and 1454 Auditing of the Department of Financial Services, appointed by 1455 the Chief Financial Officer. Each employee must have experience 1456 relating to at least one of the four main components that 1457 compose FLAIR. 1458 5. Two employees from the Executive Office of the Governor, 1459 appointed by the Governor. One employee must have experience 1460 relating to the Legislative Appropriations System/Planning and 1461 Budgeting Subsystem. 1462 6. One employee from the Department of Revenue, appointed 1463 by the executive director, who has experience relating to the 1464 department’s SUNTAX system. 1465 7. Two employees from the Department of Management 1466 Services, appointed by the Secretary of Management Services. One 1467 employee must have experience relating to the department’s 1468 personnel information subsystem and one employee must have 1469 experience relating to the department’s purchasing subsystem. 1470 8. Three state agency administrative services directors, 1471 appointed by the Governor. One director must represent a 1472 regulatory and licensing state agency and one director must 1473 represent a health care-related state agency. 1474 9. The executive sponsor of the Florida Health Care 1475 Connection (FX) System or his or her designee, appointed by the 1476 Secretary of Health Care Administration. 1477 10. The State Chief Information Officer, or his or her 1478 designee, as a nonvoting member. The State Chief Information 1479 Officer, or his or her designee, shall provide monthly status 1480 reports pursuant to the oversight responsibilities in s. 1481 282.0051, Florida Statutes. 1482 (3)(a) The Chief Financial Officer or the executive sponsor 1483 of the project shall serve as chair of the executive steering 1484 committee, and the committee shall take action by a vote of at 1485 least eight affirmative votes with the Chief Financial Officer 1486 or the executive sponsor of the project voting on the prevailing 1487 side. A quorum of the executive steering committee consists of 1488 at least 10 members. 1489 (b) No later than 14 days before a meeting of the executive 1490 steering committee, the chair shall request input from committee 1491 members on agenda items for the next scheduled meeting. 1492 (4) The executive steering committee has the overall 1493 responsibility for ensuring that the project to replace FLAIR 1494 and CMS meets its primary business objectives and shall: 1495 (a) Identify and recommend to the Executive Office of the 1496 Governor, the President of the Senate, and the Speaker of the 1497 House of Representatives any statutory changes needed to 1498 implement the replacement subsystem that will standardize, to 1499 the fullest extent possible, the state’s financial management 1500 business processes. 1501 (b) Review and approve any changes to the project’s scope, 1502 schedule, and budget which do not conflict with the requirements 1503 of subsection (1). 1504 (c) Ensure that adequate resources are provided throughout 1505 all phases of the project. 1506 (d) Approve all major project deliverables and any cost 1507 changes to each deliverable over $250,000. 1508 (e) Approve contract amendments and changes to all 1509 contract-related documents associated with the replacement of 1510 FLAIR and CMS. 1511 (f) Ensure compliance with ss. 216.181(16), 216.311, 1512 216.313, 282.318(4)(h), and 287.058, Florida Statutes. 1513 (5) This section expires July 1, 20232022. 1514 Section 46. In order to implement specific appropriations 1515 from the land acquisition trust funds within the Department of 1516 Agriculture and Consumer Services, the Department of 1517 Environmental Protection, the Department of State, and the Fish 1518 and Wildlife Conservation Commission, which are contained in the 1519 2022-2023 General Appropriations Act, subsection (3) of section 1520 215.18, Florida Statutes, is amended to read: 1521 215.18 Transfers between funds; limitation.— 1522 (3) Notwithstanding subsection (1) and only with respect to 1523 a land acquisition trust fund in the Department of Agriculture 1524 and Consumer Services, the Department of Environmental 1525 Protection, the Department of State, or the Fish and Wildlife 1526 Conservation Commission, whenever there is a deficiency in a 1527 land acquisition trust fund which would render that trust fund 1528 temporarily insufficient to meet its just requirements, 1529 including the timely payment of appropriations from that trust 1530 fund, and other trust funds in the State Treasury have moneys 1531 that are for the time being or otherwise in excess of the 1532 amounts necessary to meet the just requirements, including 1533 appropriated obligations, of those other trust funds, the 1534 Governor may order a temporary transfer of moneys from one or 1535 more of the other trust funds to a land acquisition trust fund 1536 in the Department of Agriculture and Consumer Services, the 1537 Department of Environmental Protection, the Department of State, 1538 or the Fish and Wildlife Conservation Commission. Any action 1539 proposed pursuant to this subsection is subject to the notice, 1540 review, and objection procedures of s. 216.177, and the Governor 1541 shall provide notice of such action at least 7 days before the 1542 effective date of the transfer of trust funds, except that 1543 during July 20222021, notice of such action shall be provided 1544 at least 3 days before the effective date of a transfer unless 1545 such 3-day notice is waived by the chair and vice-chair of the 1546 Legislative Budget Commission. Any transfer of trust funds to a 1547 land acquisition trust fund in the Department of Agriculture and 1548 Consumer Services, the Department of Environmental Protection, 1549 the Department of State, or the Fish and Wildlife Conservation 1550 Commission must be repaid to the trust funds from which the 1551 moneys were loaned by the end of the 2022-20232021-2022fiscal 1552 year. The Legislature has determined that the repayment of the 1553 other trust fund moneys temporarily loaned to a land acquisition 1554 trust fund in the Department of Agriculture and Consumer 1555 Services, the Department of Environmental Protection, the 1556 Department of State, or the Fish and Wildlife Conservation 1557 Commission pursuant to this subsection is an allowable use of 1558 the moneys in a land acquisition trust fund because the moneys 1559 from other trust funds temporarily loaned to a land acquisition 1560 trust fund shall be expended solely and exclusively in 1561 accordance with s. 28, Art. X of the State Constitution. This 1562 subsection expires July 1, 20232022. 1563 Section 47. (1) In order to implement specific 1564 appropriations from the land acquisition trust funds within the 1565 Department of Agriculture and Consumer Services, the Department 1566 of Environmental Protection, the Department of State, and the 1567 Fish and Wildlife Conservation Commission, which are contained 1568 in the 2022-2023 General Appropriations Act, the Department of 1569 Environmental Protection shall transfer revenues from the Land 1570 Acquisition Trust Fund within the department to the land 1571 acquisition trust funds within the Department of Agriculture and 1572 Consumer Services, the Department of State, and the Fish and 1573 Wildlife Conservation Commission, as provided in this section. 1574 As used in this section, the term “department” means the 1575 Department of Environmental Protection. 1576 (2) After subtracting any required debt service payments, 1577 the proportionate share of revenues to be transferred to each 1578 land acquisition trust fund shall be calculated by dividing the 1579 appropriations from each of the land acquisition trust funds for 1580 the fiscal year by the total appropriations from the Land 1581 Acquisition Trust Fund within the department and the land 1582 acquisition trust funds within the Department of Agriculture and 1583 Consumer Services, the Department of State, and the Fish and 1584 Wildlife Conservation Commission for the fiscal year. The 1585 department shall transfer the proportionate share of the 1586 revenues in the Land Acquisition Trust Fund within the 1587 department on a monthly basis to the appropriate land 1588 acquisition trust funds within the Department of Agriculture and 1589 Consumer Services, the Department of State, and the Fish and 1590 Wildlife Conservation Commission and shall retain its 1591 proportionate share of the revenues in the Land Acquisition 1592 Trust Fund within the department. Total distributions to a land 1593 acquisition trust fund within the Department of Agriculture and 1594 Consumer Services, the Department of State, and the Fish and 1595 Wildlife Conservation Commission may not exceed the total 1596 appropriations from such trust fund for the fiscal year. 1597 (3) In addition, the department shall transfer from the 1598 Land Acquisition Trust Fund to land acquisition trust funds 1599 within the Department of Agriculture and Consumer Services, the 1600 Department of State, and the Fish and Wildlife Conservation 1601 Commission amounts equal to the difference between the amounts 1602 appropriated in chapter 2021-36, Laws of Florida, to the 1603 department’s Land Acquisition Trust Fund and the other land 1604 acquisition trust funds, and the amounts actually transferred 1605 between those trust funds during the 2021-2022 fiscal year. 1606 (4) The department may advance funds from the beginning 1607 unobligated fund balance in the Land Acquisition Trust Fund to 1608 the Land Acquisition Trust Fund within the Fish and Wildlife 1609 Conservation Commission needed for cash flow purposes based on a 1610 detailed expenditure plan. The department shall prorate amounts 1611 transferred quarterly to the Fish and Wildlife Conservation 1612 Commission to recoup the amount of funds advanced by June 30, 1613 2023. 1614 (5) This section expires July 1, 2023. 1615 Section 48. In order to implement Specific Appropriations 1616 1472 through 1481 of the 2022-2023 General Appropriations Act, 1617 subsection (8) of section 576.045, Florida Statutes, is amended 1618 to read: 1619 576.045 Nitrogen and phosphorus; findings and intent; fees; 1620 purpose; best management practices; waiver of liability; 1621 compliance; rules; exclusions; expiration.— 1622 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3), 1623 (4), and (6) expire on December 31, 20232022. Subsections (5) 1624 and (7) expire on December 31, 2027. 1625 Section 49. In order to implement appropriations from the 1626 Land Acquisition Trust Fund within the Department of 1627 Environmental Protection in the 2022-2023 General Appropriations 1628 Act, paragraph (b) of subsection (3) of section 375.041, Florida 1629 Statutes, is amended to read: 1630 375.041 Land Acquisition Trust Fund.— 1631 (3) Funds distributed into the Land Acquisition Trust Fund 1632 pursuant to s. 201.15 shall be applied: 1633 (b) Of the funds remaining after the payments required 1634 under paragraph (a), but before funds may be appropriated, 1635 pledged, or dedicated for other uses: 1636 1. A minimum of the lesser of 25 percent or $200 million 1637 shall be appropriated annually for Everglades projects that 1638 implement the Comprehensive Everglades Restoration Plan as set 1639 forth in s. 373.470, including the Central Everglades Planning 1640 Project subject to Congressional authorization; the Long-Term 1641 Plan as defined in s. 373.4592(2); and the Northern Everglades 1642 and Estuaries Protection Program as set forth in s. 373.4595. 1643 From these funds, $32 million shall be distributed each fiscal 1644 year through the 2023-2024 fiscal year to the South Florida 1645 Water Management District for the Long-Term Plan as defined in 1646 s. 373.4592(2). After deducting the $32 million distributed 1647 under this subparagraph, from the funds remaining, a minimum of 1648 the lesser of 76.5 percent or $100 million shall be appropriated 1649 each fiscal year through the 2025-2026 fiscal year for the 1650 planning, design, engineering, and construction of the 1651 Comprehensive Everglades Restoration Plan as set forth in s. 1652 373.470, including the Central Everglades Planning Project, the 1653 Everglades Agricultural Area Storage Reservoir Project, the Lake 1654 Okeechobee Watershed Project, the C-43 West Basin Storage 1655 Reservoir Project, the Indian River Lagoon-South Project, the 1656 Western Everglades Restoration Project, and the Picayune Strand 1657 Restoration Project. The Department of Environmental Protection 1658 and the South Florida Water Management District shall give 1659 preference to those Everglades restoration projects that reduce 1660 harmful discharges of water from Lake Okeechobee to the St. 1661 Lucie or Caloosahatchee estuaries in a timely manner. For the 1662 purpose of performing the calculation provided in this 1663 subparagraph, the amount of debt service paid pursuant to 1664 paragraph (a) for bonds issued after July 1, 2016, for the 1665 purposes set forth under paragraph (b) shall be added to the 1666 amount remaining after the payments required under paragraph 1667 (a). The amount of the distribution calculated shall then be 1668 reduced by an amount equal to the debt service paid pursuant to 1669 paragraph (a) on bonds issued after July 1, 2016, for the 1670 purposes set forth under this subparagraph. 1671 2. A minimum of the lesser of 7.6 percent or $50 million 1672 shall be appropriated annually for spring restoration, 1673 protection, and management projects. For the purpose of 1674 performing the calculation provided in this subparagraph, the 1675 amount of debt service paid pursuant to paragraph (a) for bonds 1676 issued after July 1, 2016, for the purposes set forth under 1677 paragraph (b) shall be added to the amount remaining after the 1678 payments required under paragraph (a). The amount of the 1679 distribution calculated shall then be reduced by an amount equal 1680 to the debt service paid pursuant to paragraph (a) on bonds 1681 issued after July 1, 2016, for the purposes set forth under this 1682 subparagraph. 1683 3. The sum of $5 million shall be appropriated annually 1684 each fiscal year through the 2025-2026 fiscal year to the St. 1685 Johns River Water Management District for projects dedicated to 1686 the restoration of Lake Apopka. This distribution shall be 1687 reduced by an amount equal to the debt service paid pursuant to 1688 paragraph (a) on bonds issued after July 1, 2016, for the 1689 purposes set forth in this subparagraph. 1690 4. The sum of $64 million is appropriated and shall be 1691 transferred to the Everglades Trust Fund for the 2018-2019 1692 fiscal year, and each fiscal year thereafter, for the EAA 1693 reservoir project pursuant to s. 373.4598. Any funds remaining 1694 in any fiscal year shall be made available only for Phase II of 1695 the C-51 reservoir project or projects identified in 1696 subparagraph 1. and must be used in accordance with laws 1697 relating to such projects. Any funds made available for such 1698 purposes in a fiscal year are in addition to the amount 1699 appropriated under subparagraph 1. This distribution shall be 1700 reduced by an amount equal to the debt service paid pursuant to 1701 paragraph (a) on bonds issued after July 1, 2017, for the 1702 purposes set forth in this subparagraph. 1703 5. The sum of $50 million shall be appropriated annually to 1704 the South Florida Water Management District for the Lake 1705 Okeechobee Watershed Restoration Project in accordance with s. 1706 373.4599. This distribution must be reduced by an amount equal 1707 to the debt service paid pursuant to paragraph (a) on bonds 1708 issued after July 1, 2021, for the purposes set forth in this 1709 subparagraph. 1710 6. Notwithstanding subparagraph 3., for the 2022-2023202117112022fiscal year, funds shall be appropriated as provided in the 1712 General Appropriations Act. This subparagraph expires July 1, 1713 20232022. 1714 Section 50. In order to implement Specific Appropriation 1715 1713 of the 2022-2023 General Appropriations Act, and 1716 notwithstanding the expiration date in section 48 of chapter 1717 2021-37, Laws of Florida, paragraph (g) of subsection (15) of 1718 section 376.3071, Florida Statutes, is reenacted to read: 1719 376.3071 Inland Protection Trust Fund; creation; purposes; 1720 funding.— 1721 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The 1722 department shall pay, pursuant to this subsection, up to $10 1723 million each fiscal year from the fund for the costs of labor 1724 and equipment to repair or replace petroleum storage systems 1725 that may have been damaged due to the storage of fuels blended 1726 with ethanol or biodiesel, or for preventive measures to reduce 1727 the potential for such damage. 1728 (g) Payments may not be made for the following: 1729 1. Proposal costs or costs related to preparation of the 1730 application and required documentation; 1731 2. Certified public accountant costs; 1732 3. Except as provided in paragraph (j), any costs in excess 1733 of the amount approved by the department under paragraph (b) or 1734 which are not in substantial compliance with the purchase order; 1735 4. Costs associated with storage tanks, piping, or 1736 ancillary equipment that has previously been repaired or 1737 replaced for which costs have been paid under this section; 1738 5. Facilities that are not in compliance with department 1739 storage tank rules, until the noncompliance issues have been 1740 resolved; or 1741 6. Costs associated with damage to petroleum storage 1742 systems caused in whole or in part by causes other than the 1743 storage of fuels blended with ethanol or biodiesel. 1744 Section 51. The amendment to s. 376.3071(15)(g), Florida 1745 Statutes, as carried forward from chapter 2020-114, Laws of 1746 Florida, by this act, expires July 1, 2023, and the text of that 1747 paragraph shall revert to that in existence on July 1, 2020, not 1748 including any amendments made by this act or chapter 2020-114, 1749 Laws of Florida, except that any amendments to such text enacted 1750 other than by this act shall be preserved and continue to 1751 operate to the extent that such amendments are not dependent 1752 upon the portion of text which expires pursuant to this section. 1753 Section 52. In order to implement Specific Appropriation 1754 2923 of the 2022-2023 General Appropriations Act, and 1755 notwithstanding the expiration date in section 70 of chapter 1756 2021-37, Laws of Florida, subsection (3) of section 282.709, 1757 Florida Statutes, is reenacted to read: 1758 282.709 State agency law enforcement radio system and 1759 interoperability network.— 1760 (3) In recognition of the critical nature of the statewide 1761 law enforcement radio communications system, the Legislature 1762 finds that there is an immediate danger to the public health, 1763 safety, and welfare, and that it is in the best interest of the 1764 state to continue partnering with the system’s current operator. 1765 The Legislature finds that continuity of coverage is critical to 1766 supporting law enforcement, first responders, and other public 1767 safety users. The potential for a loss in coverage or a lack of 1768 interoperability between users requires emergency action and is 1769 a serious concern for officers’ safety and their ability to 1770 communicate and respond to various disasters and events. 1771 (a) The department, pursuant to s. 287.057(10), shall enter 1772 into a 15-year contract with the entity that was operating the 1773 statewide radio communications system on January 1, 2021. The 1774 contract must include: 1775 1. The purchase of radios; 1776 2. The upgrade to the Project 25 communications standard; 1777 3. Increased system capacity and enhanced coverage for 1778 system users; 1779 4. Operations, maintenance, and support at a fixed annual 1780 rate; 1781 5. The conveyance of communications towers to the 1782 department; and 1783 6. The assignment of communications tower leases to the 1784 department. 1785 (b) The State Agency Law Enforcement Radio System Trust 1786 Fund is established in the department and funded from surcharges 1787 collected under ss. 318.18, 320.0802, and 328.72. Upon 1788 appropriation, moneys in the trust fund may be used by the 1789 department to acquire the equipment, software, and engineering, 1790 administrative, and maintenance services it needs to construct, 1791 operate, and maintain the statewide radio system. Moneys in the 1792 trust fund from surcharges shall be used to help fund the costs 1793 of the system. Upon completion of the system, moneys in the 1794 trust fund may also be used by the department for payment of the 1795 recurring maintenance costs of the system. 1796 Section 53. The text of s. 282.709(3), Florida Statutes, as 1797 carried forward from chapter 2021-37, Laws of Florida, by this 1798 act, expires July 1, 2023, and the text of that subsection shall 1799 revert to that in existence on June 1, 2021, except that any 1800 amendments to such text enacted other than by this act shall be 1801 preserved and continue to operate to the extent that such 1802 amendments are not dependent upon the portions of text which 1803 expire pursuant to this section. 1804 Section 54. In order to implement appropriations relating 1805 to the purchase of equipment and services related to the 1806 Statewide Law Enforcement Radio System (SLERS) as authorized in 1807 the 2022-2023 General Appropriations Act, and notwithstanding s. 1808 287.057, Florida Statutes, state agencies and other eligible 1809 users of the SLERS network may use the Department of Management 1810 Services SLERS contract for purchase of equipment and services. 1811 This section expires July 1, 2023. 1812 Section 55. In order to implement section 59 of the 2022 1813 2023 General Appropriations Act, and in order to expedite the 1814 closure of the Piney Point facility located in Manatee County, 1815 the Department of Environmental Protection is exempt from the 1816 competitive procurement requirements of s. 287.057, Florida 1817 Statutes, for any procurement of commodities or contractual 1818 services in support of the site closure or to address 1819 environmental impacts associated with the system failure. This 1820 section expires July 1, 2023. 1821 Section 56. In order to implement Specific Appropriation 1822 2656 of the 2022-2023 General Appropriations Act, paragraph (b) 1823 of subsection (3) and subsection (5) of section 321.04, Florida 1824 Statutes, are amended to read: 1825 321.04 Personnel of the highway patrol; rank 1826 classifications; probationary status of new patrol officers; 1827 subsistence; special assignments.— 1828 (3) 1829 (b) For the 2022-20232021-2022fiscal year only, upon the 1830 request of the Governor, the Department of Highway Safety and 1831 Motor Vehicles shall assign one or more patrol officers to the 1832 office of the Lieutenant Governor for security services. This 1833 paragraph expires July 1, 20232022. 1834 (5) For the 2022-20232021-2022fiscal year only, the 1835 assignment of a patrol officer by the department shall include a 1836 Cabinet member specified in s. 4, Art. IV of the State 1837 Constitution if deemed appropriate by the department or in 1838 response to a threat and upon written request of such Cabinet 1839 member. This subsection expires July 1, 20232022. 1840 Section 57. Effective upon becoming a law and in order to 1841 implement Specific Appropriations 2637 and 2645 of the 2022-2023 1842 General Appropriations Act, subsection (7) of section 215.559, 1843 Florida Statutes, is amended to read: 1844 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss 1845 Mitigation Program is established in the Division of Emergency 1846 Management. 1847 (7) This section is repealed June 30, 20232022. 1848 Section 58. In order to implement section 84 of the 2022 1849 2023 General Appropriations Act, subsection (3) of section 1850 288.80125, Florida Statutes, is amended to read: 1851 288.80125 Triumph Gulf Coast Trust Fund.— 1852 (3) For the 2022-20232021-2022fiscal year, funds shall be 1853 used for the Rebuild Florida Revolving Loan Fund program to 1854 provide assistance to businesses impacted by Hurricane Michael 1855 as provided in the General Appropriations Act. This subsection 1856 expires July 1, 20232022. 1857 Section 59. In order to implement Specific Appropriations 1858 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983 1859 through 1991, and 2026 through 2039 and section 104 of the 2022 1860 2023 General Appropriations Act, subsections (4) and (5) of 1861 section 339.08, Florida Statutes, are amended to read: 1862 339.08 Use of moneys in State Transportation Trust Fund.— 1863 (4)Notwithstanding the provisions of this section and ss.1864215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year1865only, funds may be transferred from the State Transportation1866Trust Fund to the General Revenue Fund as specified in the1867General Appropriations Act. Notwithstanding ss. 206.46(3) and1868206.606(2), the total amount transferred shall be reduced from1869total state revenues deposited into the State Transportation1870Trust Fund for the calculation requirements of ss. 206.46(3) and1871206.606(2). This subsection expires July 1, 2022.1872(5)Notwithstanding any other law, and for the 2022-2023 18732021-2022fiscal year only, funds are appropriated to the State 1874 Transportation Trust Fund from the General Revenue Fundshall be1875used on State Highway System projects and grants to Florida1876portsas provided in the General Appropriations Act. The 1877 department is not required to deplete the resources transferred 1878 from the General Revenue Fund for the fiscal year as required in 1879 s. 339.135(3)(b), and the funds may not be used in calculating 1880 the required quarterly cash balance of the trust fund as 1881 required in s. 339.135(6)(b). The department shall track and 1882 account for such appropriated funds as a separate funding source 1883 for eligible projects on the State Highway System and grants to 1884 Florida ports. This subsection expires July 1, 20232022. 1885 Section 60. In order to implement Specific Appropriations 1886 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983 1887 through 1991, and 2026 through 2039 of the 2022-2023 General 1888 Appropriations Act, paragraph (h) of subsection (7) of section 1889 339.135, Florida Statutes, is reenacted and amended to read: 1890 339.135 Work program; legislative budget request; 1891 definitions; preparation, adoption, execution, and amendment.— 1892 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.— 1893 (h)1. Any work program amendment that also adds a new 1894 project, or phase thereof, to the adopted work program in excess 1895 of $3 million is subject to approval by the Legislative Budget 1896 Commission. Any work program amendment submitted under this 1897 paragraph must include, as supplemental information, a list of 1898 projects, or phases thereof, in the current 5-year adopted work 1899 program which are eligible for the funds within the 1900 appropriation category being used for the proposed amendment. 1901 The department shall provide a narrative with the rationale for 1902 not advancing an existing project, or phase thereof, in lieu of 1903 the proposed amendment. 1904 2. If the department submits an amendment to the 1905 Legislative Budget Commission and the commission does not meet 1906 or consider the amendment within 30 days after its submittal, 1907 the chair and vice chair of the commission may authorize the 1908 amendment to be approved pursuant to s. 216.177. This 1909 subparagraph expires July 1, 20232022. 1910 Section 61. In order to implement Specific Appropriation 1911 2305 of the 2022-2023 General Appropriations Act, subsections 1912 (5) and (6) are added to section 331.3101, Florida Statutes, to 1913 read: 1914 331.3101 Space Florida; travel and entertainment expenses.— 1915 (5) Notwithstanding the provisions of this section, in the 1916 2022 annual report required under subsection (3), Space Florida 1917 must: 1918 (a) Provide an itemized accounting, by date of travel, of 1919 all travel, entertainment, and incidental expenses incurred; 1920 (b) To the extent such expenses exceed the generally 1921 allowable limits under s. 112.061, provide reasons behind the 1922 need to exceed the statutory limits in s. 112.061; 1923 (c) Categorize expenses for Space Florida board members, 1924 staff, and employees and for business clients. The report must 1925 also set forth any expenses authorized by the board or its 1926 designee for a guest; and 1927 (d) Include information related to corrective actions and 1928 steps taken by Space Florida to address the findings in the 1929 Auditor General Report number 2022-049. 1930 1931 This subsection expires July 1, 2023. 1932 (6) Notwithstanding the provisions of this section, travel 1933 and entertainment expenses incurred by Space Florida may only be 1934 for expenses that are solely and exclusively incurred in 1935 connection with the performance of its statutory duties and made 1936 in accordance with this subsection. 1937 (a) For the 2022-2023 fiscal year, Space Florida may not 1938 expend any funds, whether appropriated or from income earned by 1939 Space Florida, on travel and entertainment expenses for the 1940 fiscal year in excess of an amount equal to 4 percent of the 1941 amount appropriated in the General Appropriations Act to the 1942 entity. No funds may be expended on any recreational activities 1943 for any Space Florida board members, staff, or employees or a 1944 business client or guest. 1945 (b) For the 2022-2023 fiscal year, lodging expenses for a 1946 board member, staff, or employee of Space Florida may not exceed 1947 $150 per day, excluding taxes, unless Space Florida is 1948 participating in a negotiated group rate discount or Space 1949 Florida provides documentation of at least three comparable 1950 alternatives demonstrating that such lodging at the required 1951 rate is not available. However, a board member, staff, or 1952 employee of Space Florida may expend his or her own funds for 1953 any lodging expenses in excess of $150 per day. 1954 (c) This subsection expires July 1, 2023. 1955 Section 62. In order to implement Specific Appropriations 1956 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983 1957 through 1991, and 2026 through 2039 of the 2022-2023 General 1958 Appropriations Act, subsections (17) and (18) are added to 1959 section 337.11, Florida Statutes, to read: 1960 337.11 Contracting authority of department; bids; emergency 1961 repairs, supplemental agreements, and change orders; combined 1962 design and construction contracts; progress payments; records; 1963 requirements of vehicle registration.— 1964 (17) The department shall implement strategies to reduce 1965 the cost of design, inspection, and construction while ensuring 1966 that the design and construction of projects meet applicable 1967 federal and state standards. The department shall submit a 1968 report by December 31, 2022, to the Governor, the President of 1969 the Senate, and the Speaker of the House of Representatives 1970 which details the strategies implemented and the projected 1971 savings to the state. This subsection expires July 1, 2023. 1972 (18) The department may share a portion of the construction 1973 cost savings realized due to a change in the construction 1974 contract design and scope, initiated after execution of the 1975 contract, with a design services consultant to the extent that 1976 the consultant’s input and involvement contributed to such 1977 savings. The amount paid to a consultant pursuant to this 1978 subsection may not exceed 10 percent of the construction cost 1979 savings realized. This subsection expires July 1, 2023. 1980 Section 63. Effective upon becoming a law, in order to 1981 implement appropriations for economic development programs in 1982 the 2021-2022 and 2022-2023 fiscal year General Appropriations 1983 Acts, the Department of Economic Opportunity shall give priority 1984 to applications for projects that benefit the on-shoring of 1985 manufacturing to the state, defined as the relocation of 1986 manufacturing from foreign nations to the state, when such 1987 prioritization may be applicable to the scope of an economic 1988 development program. This section expires July 1, 2023. 1989 Section 64. In order to implement Specific Appropriation 1990 2599 of the 2022-2023 General Appropriations Act, paragraph (d) 1991 of subsection (4) of section 112.061, Florida Statutes, is 1992 amended to read: 1993 112.061 Per diem and travel expenses of public officers, 1994 employees, and authorized persons; statewide travel management 1995 system.— 1996 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an 1997 officer or employee assigned to an office shall be the city or 1998 town in which the office is located except that: 1999 (d) A Lieutenant Governor who permanently resides outside 2000 of Leon County, may, if he or she so requests, have an 2001 appropriate facility in his or her county designated as his or 2002 her official headquarters for purposes of this section. This 2003 official headquarters may only serve as the Lieutenant 2004 Governor’s personal office. The Lieutenant Governor may not use 2005 state funds to lease space in any facility for his or her 2006 official headquarters. 2007 1. A Lieutenant Governor for whom an official headquarters 2008 is established in his or her county of residence pursuant to 2009 this paragraph is eligible for subsistence at a rate to be 2010 established by the Governor for each day or partial day that the 2011 Lieutenant Governor is at the State Capitol to conduct official 2012 state business. In addition to the subsistence allowance, a 2013 Lieutenant Governor is eligible for reimbursement for 2014 transportation expenses as provided in subsection (7) for travel 2015 between the Lieutenant Governor’s official headquarters and the 2016 State Capitol to conduct state business. 2017 2. Payment of subsistence and reimbursement for 2018 transportation between a Lieutenant Governor’s official 2019 headquarters and the State Capitol shall be made to the extent 2020 appropriated funds are available, as determined by the Governor. 2021 3. This paragraph expires July 1, 20232022. 2022 Section 65. Effective upon becoming a law, in order to 2023 implement section 8 of the 2022-2023 General Appropriations Act: 2024 (1) The Department of Management Services, pursuant to s. 2025 110.123(3), Florida Statutes, shall release, during the 2021 2026 2022 fiscal year or 2022-2023 fiscal year, competitive 2027 procurements for third-party administrative services for 2028 preferred provider organization plans, health maintenance 2029 organization services, and pharmacy benefits manager services to 2030 be effective January 1, 2024. 2031 (2) Such competitive procurements and resultant contracts 2032 shall continue the State Group Health Insurance Standard Plans, 2033 State Group Health Insurance High Deductible Plans, State Group 2034 Health Maintenance Organization Standard Plans, and State Group 2035 Health Maintenance Organization High Deductible Plans within the 2036 State Group Insurance Program. Notwithstanding s. 110.123(3)(j), 2037 Florida Statutes, the benefits provided under each of the plans 2038 shall be those benefits provided in the Plan Year 2022 State 2039 Employees’ PPO Plan Group Health Insurance Plan Booklet and 2040 Benefit Document and the Plan Year 2022 Health Maintenance 2041 Organization contracts and benefit documents, modified only by 2042 revisions approved by the Legislature. 2043 (3) It is the intent of the Legislature that state agencies 2044 operate in an efficient manner and contract for necessary 2045 services in the best interests of the state and its residents. 2046 In recognition of the limitations otherwise placed on state 2047 agencies pursuant to s. 216.311, Florida Statutes, when 2048 contracting for services, the Department of Management Services, 2049 when contracting for administrative services relating to the 2050 administration of the health plans beginning in Plan Year 2024, 2051 is authorized to enter into contracts that may require the 2052 payment of administrative fees not to exceed 110 percent of the 2053 amount appropriated in the 2022-2023 General Appropriations Act 2054 to the Division of State Group Insurance for such services. 2055 (4) Notwithstanding s. 110.123(3)(f) and (j), Florida 2056 Statutes, the Department of Management Services shall maintain 2057 and offer the same PPO and HMO health plan alternatives to the 2058 participants of the State Group Health Insurance Program during 2059 the 2022-2023 fiscal year which were in effect for the 2021-2022 2060 fiscal year. 2061 2062 This section expires July 1, 2023. 2063 Section 66. In order to implement the appropriation of 2064 funds in the special categories, contracted services, and 2065 expenses categories of the 2022-2023 General Appropriations Act, 2066 a state agency may not initiate a competitive solicitation for a 2067 product or service if the completion of such competitive 2068 solicitation would: 2069 (1) Require a change in law; or 2070 (2) Require a change to the agency’s budget other than a 2071 transfer authorized in s. 216.292(2) or (3), Florida Statutes, 2072 unless the initiation of such competitive solicitation is 2073 specifically authorized in law, in the General Appropriations 2074 Act, or by the Legislative Budget Commission. 2075 2076 This section does not apply to a competitive solicitation for 2077 which the agency head certifies that a valid emergency exists. 2078 This section expires July 1, 2023. 2079 Section 67. In order to implement Specific Appropriations 2080 2722 and 2723 of the 2022-2023 General Appropriations Act, and 2081 notwithstanding s. 11.13(1), Florida Statutes, the authorized 2082 salaries for members of the Legislature for the 2022-2023 fiscal 2083 year shall be set at the same level in effect on July 1, 2010. 2084 This section expires July 1, 2023. 2085 Section 68. In order to implement the transfer of funds 2086 from the General Revenue Fund from trust funds for the 2022-2023 2087 General Appropriations Act, and notwithstanding the expiration 2088 date in section 61 of chapter 2021-37, Laws of Florida, 2089 paragraph (b) of subsection (2) of section 215.32, Florida 2090 Statutes, is reenacted to read: 2091 215.32 State funds; segregation.— 2092 (2) The source and use of each of these funds shall be as 2093 follows: 2094 (b)1. The trust funds shall consist of moneys received by 2095 the state which under law or under trust agreement are 2096 segregated for a purpose authorized by law. The state agency or 2097 branch of state government receiving or collecting such moneys 2098 is responsible for their proper expenditure as provided by law. 2099 Upon the request of the state agency or branch of state 2100 government responsible for the administration of the trust fund, 2101 the Chief Financial Officer may establish accounts within the 2102 trust fund at a level considered necessary for proper 2103 accountability. Once an account is established, the Chief 2104 Financial Officer may authorize payment from that account only 2105 upon determining that there is sufficient cash and releases at 2106 the level of the account. 2107 2. In addition to other trust funds created by law, to the 2108 extent possible, each agency shall use the following trust funds 2109 as described in this subparagraph for day-to-day operations: 2110 a. Operations or operating trust fund, for use as a 2111 depository for funds to be used for program operations funded by 2112 program revenues, with the exception of administrative 2113 activities when the operations or operating trust fund is a 2114 proprietary fund. 2115 b. Operations and maintenance trust fund, for use as a 2116 depository for client services funded by third-party payors. 2117 c. Administrative trust fund, for use as a depository for 2118 funds to be used for management activities that are departmental 2119 in nature and funded by indirect cost earnings and assessments 2120 against trust funds. Proprietary funds are excluded from the 2121 requirement of using an administrative trust fund. 2122 d. Grants and donations trust fund, for use as a depository 2123 for funds to be used for allowable grant or donor agreement 2124 activities funded by restricted contractual revenue from private 2125 and public nonfederal sources. 2126 e. Agency working capital trust fund, for use as a 2127 depository for funds to be used pursuant to s. 216.272. 2128 f. Clearing funds trust fund, for use as a depository for 2129 funds to account for collections pending distribution to lawful 2130 recipients. 2131 g. Federal grant trust fund, for use as a depository for 2132 funds to be used for allowable grant activities funded by 2133 restricted program revenues from federal sources. 2134 2135 To the extent possible, each agency must adjust its internal 2136 accounting to use existing trust funds consistent with the 2137 requirements of this subparagraph. If an agency does not have 2138 trust funds listed in this subparagraph and cannot make such 2139 adjustment, the agency must recommend the creation of the 2140 necessary trust funds to the Legislature no later than the next 2141 scheduled review of the agency’s trust funds pursuant to s. 2142 215.3206. 2143 3. All such moneys are hereby appropriated to be expended 2144 in accordance with the law or trust agreement under which they 2145 were received, subject always to the provisions of chapter 216 2146 relating to the appropriation of funds and to the applicable 2147 laws relating to the deposit or expenditure of moneys in the 2148 State Treasury. 2149 4.a. Notwithstanding any provision of law restricting the 2150 use of trust funds to specific purposes, unappropriated cash 2151 balances from selected trust funds may be authorized by the 2152 Legislature for transfer to the Budget Stabilization Fund and 2153 General Revenue Fund in the General Appropriations Act. 2154 b. This subparagraph does not apply to trust funds required 2155 by federal programs or mandates; trust funds established for 2156 bond covenants, indentures, or resolutions whose revenues are 2157 legally pledged by the state or public body to meet debt service 2158 or other financial requirements of any debt obligations of the 2159 state or any public body; the Division of Licensing Trust Fund 2160 in the Department of Agriculture and Consumer Services; the 2161 State Transportation Trust Fund; the trust fund containing the 2162 net annual proceeds from the Florida Education Lotteries; the 2163 Florida Retirement System Trust Fund; trust funds under the 2164 management of the State Board of Education or the Board of 2165 Governors of the State University System, where such trust funds 2166 are for auxiliary enterprises, self-insurance, and contracts, 2167 grants, and donations, as those terms are defined by general 2168 law; trust funds that serve as clearing funds or accounts for 2169 the Chief Financial Officer or state agencies; trust funds that 2170 account for assets held by the state in a trustee capacity as an 2171 agent or fiduciary for individuals, private organizations, or 2172 other governmental units; and other trust funds authorized by 2173 the State Constitution. 2174 Section 69. The text of s. 215.32(2)(b), Florida Statutes, 2175 as carried forward from chapter 2011-47, Laws of Florida, by 2176 this act, expires July 1, 2023, and the text of that paragraph 2177 shall revert to that in existence on June 30, 2011, except that 2178 any amendments to such text enacted other than by this act shall 2179 be preserved and continue to operate to the extent that such 2180 amendments are not dependent upon the portions of text which 2181 expire pursuant to this section. 2182 Section 70. In order to implement appropriations in the 2183 2022-2023 General Appropriations Act for state employee travel, 2184 the funds appropriated to each state agency which may be used 2185 for travel by state employees are limited during the 2022-2023 2186 fiscal year to travel for activities that are critical to each 2187 state agency’s mission. Funds may not be used for travel by 2188 state employees to foreign countries, other states, conferences, 2189 staff training activities, or other administrative functions 2190 unless the agency head has approved, in writing, that such 2191 activities are critical to the agency’s mission. The agency head 2192 shall consider using teleconferencing and other forms of 2193 electronic communication to meet the needs of the proposed 2194 activity before approving mission-critical travel. This section 2195 does not apply to travel for law enforcement purposes, military 2196 purposes, emergency management activities, or public health 2197 activities. This section expires July 1, 2023. 2198 Section 71. In order to implement appropriations in the 2199 2022-2023 General Appropriations Act for state employee travel 2200 and notwithstanding s. 112.061, Florida Statutes, costs for 2201 lodging associated with a meeting, conference, or convention 2202 organized or sponsored in whole or in part by a state agency or 2203 the judicial branch may not exceed $175 per day. An employee may 2204 expend his or her own funds for any lodging expenses in excess 2205 of $175 per day. For purposes of this section, a meeting does 2206 not include travel activities for conducting an audit, 2207 examination, inspection, or investigation or travel activities 2208 related to a litigation or emergency response. This section 2209 expires July 1, 2023. 2210 Section 72. In order to implement the appropriation of 2211 funds in the special categories, contracted services, and 2212 expenses categories of the 2022-2023 General Appropriations Act, 2213 a state agency may not enter into a contract containing a 2214 nondisclosure clause that prohibits the contractor from 2215 disclosing information relevant to the performance of the 2216 contract to members or staff of the Senate or the House of 2217 Representatives. This section expires July 1, 2023. 2218 Section 73. In order to implement Specific Appropriation 2219 2599 of the 2022-2023 General Appropriations Act, section 14.35, 2220 Florida Statutes, is reenacted and amended to read: 2221 14.35 Governor’s Medal of Freedom.— 2222 (1) The Governor may present, in the name of the State of 2223 Florida, a medal to be known as the “Governor’s Medal of 2224 Freedom,” which shall bear a suitable inscription and ribbon of 2225 appropriate design, to any person who has made an especially 2226 meritorious contribution to the interests and citizens of the 2227 state, its culture, or other significant public or private 2228 endeavor. 2229 (2)(a) In the event of the death of an individual who has 2230 been chosen to receive the Governor’s Medal of Freedom, the 2231 medal may be presented to a designated representative of the 2232 chosen recipient. 2233 (b) The Governor’s Medal of Freedom may only be presented 2234 to an individual once. 2235 (3) This section expires July 1, 20232022. 2236 Section 74. Any section of this act which implements a 2237 specific appropriation or specifically identified proviso 2238 language in the 2022-2023 General Appropriations Act is void if 2239 the specific appropriation or specifically identified proviso 2240 language is vetoed. Any section of this act which implements 2241 more than one specific appropriation or more than one portion of 2242 specifically identified proviso language in the 2022-2023 2243 General Appropriations Act is void if all the specific 2244 appropriations or portions of specifically identified proviso 2245 language are vetoed. 2246 Section 75. If any other act passed during the 2022 Regular 2247 Session of the Legislature contains a provision that is 2248 substantively the same as a provision in this act, but that 2249 removes or is otherwise not subject to the future repeal applied 2250 to such provision by this act, the Legislature intends that the 2251 provision in the other act takes precedence and continues to 2252 operate, notwithstanding the future repeal provided by this act. 2253 Section 76. If any provision of this act or its application 2254 to any person or circumstance is held invalid, the invalidity 2255 does not affect other provisions or applications of the act 2256 which can be given effect without the invalid provision or 2257 application, and to this end the provisions of this act are 2258 severable. 2259 Section 77. Except as otherwise expressly provided in this 2260 act and except for this section, which shall take effect upon 2261 this act becoming a law, this act shall take effect July 1, 2262 2022, or, if this act fails to become a law until after that 2263 date, it shall take effect upon becoming a law and shall operate 2264 retroactively to July 1, 2022.