Bill Text: FL S2502 | 2023 | Regular Session | Enrolled
Bill Title: Implementing the 2023-2024 General Appropriations Act
Spectrum: Committee Bill
Status: (Passed) 2023-06-16 - Chapter No. 2023-240, companion bill(s) passed, see CS/CS/CS/HB 799 (Ch. 2023-175), CS/CS/SB 240 (Ch. 2023-81), SB 2500 (Ch. 2023-239) [S2502 Detail]
Download: Florida-2023-S2502-Enrolled.html
ENROLLED
2023 Legislature SB 2502, 1st Engrossed
20232502er
1
2 An act implementing the 2023-2024 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; amending s.
6 1009.895, F.S.; deleting definitions; requiring the
7 Open Door Grant Program to be administered by
8 specified entities; providing eligibility
9 requirements; providing what costs the grant award may
10 cover; providing requirements for the distribution of
11 funds; requiring institutions to make specified
12 reports to the Department of Education; deleting the
13 requirement to distribute a specified grant in certain
14 ratios; providing for the future expiration and
15 reversion of specified statutory text; amending s.
16 1002.68, F.S.; revising requirements relating to the
17 Voluntary Prekindergarten Education Program; providing
18 for the future expiration and reversion of specified
19 statutory text; authorizing the Agency for Health Care
20 Administration, in consultation with the Department of
21 Health, to submit a budget amendment to realign
22 funding for specified purposes; specifying
23 requirements for such realignment; authorizing the
24 Agency for Health Care Administration to request
25 nonoperating budget authority for transferring certain
26 federal funds to the Department of Health; authorizing
27 the Agency for Health Care Administration to submit a
28 budget amendment to realign Medicaid funding for
29 specified purposes, subject to certain limitations;
30 authorizing the Agency for Health Care Administration
31 and the Department of Health to each submit a budget
32 amendment to realign funding within the Florida
33 Kidcare program appropriation categories or increase
34 budget authority for certain purposes; specifying the
35 time period within which each budget amendment must be
36 submitted; amending s. 381.986, F.S.; extending for 1
37 fiscal year the exemption of certain rules pertaining
38 to the medical use of marijuana from certain
39 rulemaking requirements; amending s. 14(1), chapter
40 2017-232, Laws of Florida; exempting certain rules
41 pertaining to medical marijuana adopted to replace
42 emergency rules from specified rulemaking
43 requirements; providing for the future expiration and
44 reversion of specified law; authorizing the Agency for
45 Health Care Administration to submit budget amendments
46 seeking additional spending authority to implement
47 specified programs and payments; requiring
48 institutions participating in a specified workforce
49 expansion and education program to provide quarterly
50 reports to the agency; specifying that certain Letters
51 of Agreement remain in effect for a specified time;
52 authorizing intergovernmental transfer amounts in such
53 letters to be modified in a specified manner;
54 authorizing the Agency for Health Care Administration
55 to submit a budget amendment seeking additional
56 spending authority to implement the Low Income Pool
57 component of the Florida Managed Medical Assistance
58 Demonstration; requiring a signed attestation and
59 acknowledgment for entities relating to the Low Income
60 Pool; authorizing the Agency for Health Care
61 Administration to submit a budget amendment to
62 implement certain payments and specified programs;
63 specifying that certain Letters of Agreement remain in
64 effect for a specified time; authorizing
65 intergovernmental transfer amounts in such letters to
66 be modified in a specified manner; authorizing the
67 Agency for Health Care Administration to submit a
68 budget amendment requesting additional spending
69 authority to implement a specified program;
70 authorizing the Department of Children and Families to
71 submit a budget amendment to realign funding within
72 the specified areas of the department based on
73 implementation of the Guardianship Assistance Program;
74 authorizing the Department of Children and Families,
75 Department of Health, and Agency for Health Care
76 Administration to submit budget amendments to increase
77 budget authority to support certain refugee programs;
78 requiring the Department of Children and Families to
79 submit quarterly reports to the Executive Office of
80 the Governor and the Legislature; authorizing the
81 Department of Children and Families to submit budget
82 amendments to increase budget authority to support
83 specified federal grant programs; authorizing the
84 Department of Health to submit a budget amendment to
85 increase budget authority for the Supplemental
86 Nutrition Program for Women, Infants, and Children
87 (WIC) and the Child Care Food Program if a certain
88 condition is met; authorizing the Department of Health
89 to submit a budget amendment to increase budget
90 authority for the HIV/AIDS Prevention and Treatment
91 Program if a certain condition is met; authorizing the
92 Department of Health to submit a budget amendment to
93 increase budget authority for the department if
94 additional federal revenues specific to COVID-19
95 relief funds become available; requiring the Agency
96 for Health Care Administration to replace the Florida
97 Medicaid Management Information System (FMMIS) and
98 fiscal agent operations with a specified new system;
99 specifying items that may not be included in the new
100 system; providing directives to the Agency for Health
101 Care Administration related to the new system, the
102 Florida Health Care Connection (FX) system; requiring
103 the Agency for Health Care Administration to meet
104 certain requirements in replacing FMMIS and the
105 current Medicaid fiscal agent; requiring the Agency
106 for Health Care Administration to implement a project
107 governance structure that includes an executive
108 steering committee; providing procedures for use by
109 the executive steering committee; providing
110 responsibilities of the executive steering committee;
111 requiring the Agency for Health Care Administration,
112 in consultation with the Department of Health, the
113 Agency for Persons with Disabilities, the Department
114 of Children and Families, and the Department of
115 Corrections, to competitively procure a contract with
116 a vendor to negotiate prices for certain prescribed
117 drugs and biological products; providing requirements
118 for such contract; authorizing the Agency for Persons
119 with Disabilities to submit budget amendments to
120 transfer funding from the Salaries and Benefits
121 appropriation categories for a specified purpose;
122 amending s. 409.915, F.S.; revising the definition of
123 the term “state Medicaid expenditures”; amending s.
124 216.262, F.S.; extending for 1 fiscal year the
125 authority of the Department of Corrections to submit a
126 budget amendment for additional positions and
127 appropriations under certain circumstances; requiring
128 review and approval by the Legislative Budget
129 Commission; amending s. 215.18, F.S.; extending for 1
130 fiscal year the authority and related repayment
131 requirements for temporary trust fund loans to the
132 state court system which are sufficient to meet the
133 system’s appropriation; requiring the Department of
134 Juvenile Justice to review county juvenile detention
135 payments to determine whether a county has met
136 specified financial responsibilities; requiring
137 amounts owed by the county for such financial
138 responsibilities to be deducted from certain county
139 funds; requiring the Department of Revenue to transfer
140 withheld funds to a specified trust fund; requiring
141 the Department of Revenue to ensure that such
142 reductions in amounts distributed do not reduce
143 distributions below amounts necessary for certain
144 payments due on bonds and to comply with bond
145 covenants; requiring the Department of Revenue to
146 notify the Department of Juvenile Justice if bond
147 payment requirements mandate a reduction in deductions
148 for amounts owed by a county; reenacting s. 27.40(1),
149 (2)(a), (3)(a), (5), (6), and (7), F.S., relating to
150 court-appointed counsel; extending for 1 fiscal year
151 provisions governing the appointment of court
152 appointed counsel; providing for the future expiration
153 and reversion of specified statutory text; reenacting
154 and amending s. 27.5304, F.S.; revising compensation
155 limits for representation pursuant to a court
156 appointment for specified proceedings; extending for 1
157 fiscal year limitations on compensation for
158 representation in criminal proceedings; providing for
159 the future expiration and reversion of specified
160 statutory text; requiring the Department of Management
161 Services to use tenant broker services to renegotiate
162 or reprocure certain private lease agreements for
163 office or storage space; requiring the Department of
164 Management Services to provide a report to the
165 Governor and the Legislature by a specified date;
166 prohibiting an agency from transferring funds from a
167 data processing category to another category that is
168 not a data processing category; authorizing the
169 Executive Office of the Governor to transfer funds
170 between departments for purposes of aligning amounts
171 paid for risk management insurance and for human
172 resources services purchased per statewide contract;
173 authorizing the Department of Management Services to
174 use certain facility disposition funds from the
175 Architects Incidental Trust Fund to pay for certain
176 relocation expenses; authorizing the Department of
177 Management Services to submit budget amendments for
178 certain purposes related to the relocation;
179 authorizing the Department of Management Services to
180 acquire additional state-owned office buildings or
181 property for inclusion in the Florida Facilities Pool;
182 requiring the Department of Financial Services to
183 replace specified components of the Florida Accounting
184 Information Resource Subsystem (FLAIR) and the Cash
185 Management Subsystem (CMS); specifying certain actions
186 to be taken by the Department of Financial Services
187 regarding FLAIR and CMS replacement; providing for the
188 composition of an executive steering committee to
189 oversee FLAIR and CMS replacement; prescribing duties
190 and responsibilities of the executive steering
191 committee; reenacting s. 282.709(3), F.S., relating to
192 the state agency law enforcement radio system and
193 interoperability network; providing for future
194 expiration and reversion of specified statutory text;
195 authorizing state agencies and other eligible users of
196 the Statewide Law Enforcement Radio System to use the
197 Department of Management Services contract to purchase
198 equipment and services; requiring a specified
199 transaction fee percentage for use of the online
200 procurement system; amending s. 24.105, F.S.;
201 specifying how Department of the Lottery rules are to
202 be adopted, except certain rules for 1 fiscal year
203 regarding the commission for lottery ticket sales;
204 limiting additional retailer compensation in a
205 specified manner; providing for the future expiration
206 and reversion of specified statutory text; amending s.
207 717.123, F.S.; requiring the Department of Financial
208 Services to retain certain funds relating to unclaimed
209 property and make specified payments; amending s.
210 627.351, F.S.; authorizing the Citizens Property
211 Insurance Corporation to adopt certain policy forms;
212 authorizing the corporation to contract with the
213 Division of Administrative Hearings to conduct certain
214 proceedings and resolve specified disputes; amending
215 s. 934.50, F.S.; creating the drone replacement grant
216 program within the Department of Law Enforcement;
217 providing requirements for the program and grant funds
218 relating to the program; requiring the department to
219 develop an application process for the program;
220 authorizing the department to adopt rules; defining
221 the term “law enforcement agency”; requiring the
222 department to provide drones received through the
223 program to the Florida Center for Cybersecurity;
224 requiring the center to analyze the drones and provide
225 findings or recommendations to the Department of
226 Management Services; authorizing the Department of Law
227 Enforcement to adopt emergency rules; providing that
228 such emergency rules are effective for a specified
229 period of time; authorizing such emergency rules to be
230 renewed under certain circumstances; amending s.
231 120.80, F.S.; specifying that certain rules adopted by
232 the Florida Public Service Commission in a certain
233 fiscal year are not subject to specified provisions;
234 amending s. 215.18, F.S.; extending for 1 fiscal year
235 the authority of the Governor, if there is a specified
236 temporary deficiency in a land acquisition trust fund
237 in the Department of Agriculture and Consumer
238 Services, the Department of Environmental Protection,
239 the Department of State, or the Fish and Wildlife
240 Conservation Commission, to transfer funds from other
241 trust funds in the State Treasury as a temporary loan
242 to such trust fund; providing a deadline for the
243 repayment of a temporary loan; requiring the
244 Department of Environmental Protection to transfer
245 designated proportions of the revenues deposited in
246 the Land Acquisition Trust Fund within the department
247 to land acquisition trust funds in the Department of
248 Agriculture and Consumer Services, the Department of
249 State, and the Fish and Wildlife Conservation
250 Commission according to specified parameters and
251 calculations; defining the term “department”;
252 requiring the Department of Environmental Protection
253 to make transfers to land acquisition trust funds
254 monthly; specifying the method of determining transfer
255 amounts; authorizing the Department of Environmental
256 Protection to advance funds from its land acquisition
257 trust fund to the Fish and Wildlife Conservation
258 Commission’s land acquisition trust fund for specified
259 purposes; amending s. 259.105, F.S.; providing for the
260 distribution of proceeds from the Florida Forever
261 Trust Fund for the 2023-2024 fiscal year; reenacting
262 s. 570.93(1)(a), F.S., relating to the agricultural
263 water conservation program of the Department of
264 Agriculture and Consumer Services; extending for 1
265 fiscal year provisions governing administration of a
266 cost-share program; providing for the future
267 expiration and reversion of specified statutory text;
268 reenacting s. 376.3071(15)(g), F.S., relating to the
269 Inland Protection Trust Fund; exempting specified
270 costs incurred by certain petroleum storage system
271 owners or operators during a specified period from the
272 prohibition against making payments in excess of
273 amounts approved by the Department of Environmental
274 Protection; providing for the future expiration and
275 reversion of specified statutory text; requiring the
276 Department of Citrus to enter into agreements to
277 expedite the increased production of certain citrus
278 trees and commercialize certain technologies;
279 specifying a timeframe for entering into such
280 agreements; requiring a specified certification;
281 amending s. 161.101, F.S.; extending for 1 fiscal year
282 the authority of the Department of Environmental
283 Protection to waive or reduce certain match
284 requirements for specified counties; amending s. 10,
285 chapter 2022-272, Laws of Florida; extending the
286 Hurricane Restoration Reimbursement Grant Program for
287 1 fiscal year; revising requirements to receive
288 financial assistance grants under the program;
289 revising cost-sharing requirements; amending s.
290 321.04, F.S.; extending for 1 fiscal year the
291 requirement that the Department of Highway Safety and
292 Motor Vehicles assign one or more patrol officers to
293 the office of Lieutenant Governor for security
294 purposes, upon request of the Governor; extending for
295 1 fiscal year the requirement that the Department of
296 Highway Safety and Motor Vehicles assign a patrol
297 officer to a Cabinet member under certain
298 circumstances; amending s. 288.80125, F.S.; extending
299 for 1 fiscal year a requirement that funds in the
300 Triumph Gulf Coast Trust Fund be related to Hurricane
301 Michael recovery; amending s. 288.8013, F.S.;
302 authorizing earnings and interest generated by the
303 Triumph Gulf Coast Trust Fund to be retained and used
304 to make specified awards or for administrative costs;
305 providing for the future expiration and reversion of
306 specified statutory text; amending s. 339.08, F.S.;
307 appropriating funds to the State Transportation Trust
308 Fund from the General Revenue Fund as provided in the
309 General Appropriations Act; deleting a requirement
310 relating to the department tracking and accounting for
311 certain funds; amending s. 339.135, F.S.; extending
312 for 1 fiscal year the authority for the chair and vice
313 chair of the Legislative Budget Commission to approve
314 certain work program amendments under specified
315 circumstances; creating s. 250.245, F.S.; establishing
316 the Florida National Guard Joint Enlistment
317 Enhancement Program within the Department of Military
318 Affairs; providing the purpose of the program;
319 defining the term “recruiting assistant”; providing
320 eligibility requirements for participation in the
321 program; requiring the Adjutant General to provide
322 specified compensation to recruiting assistants;
323 requiring the Department of Military Affairs, in
324 cooperation with the Florida National Guard, to adopt
325 rules; amending s. 288.0655, F.S.; extending for 1
326 fiscal year a requirement that certain appropriated
327 funds relating to the Rural Infrastructure Fund be
328 distributed in a specified manner; authorizing the
329 Division of Emergency Management to submit budget
330 amendments to increase budget authority for certain
331 project expenditures; amending s. 112.061, F.S.;
332 extending for 1 fiscal year the authorization for the
333 Lieutenant Governor to designate an alternative
334 official headquarters under certain conditions;
335 specifying restrictions, limitations, eligibility for
336 the subsistence allowance, reimbursement of
337 transportation expenses, and payment thereof;
338 requiring the Department of Management Services to
339 release certain competitive procurements by a
340 specified date; providing requirements for such
341 procurements; providing legislative intent;
342 authorizing the Department of Management Services to
343 enter into contracts that may require the payment of
344 administrative fees under a specified amount;
345 requiring the Department of Management Services to
346 maintain and offer the same health insurance options
347 for participants of the State Group Health Insurance
348 Program for the 2023-2024 fiscal year as applied in
349 the preceding fiscal year; requiring the Department of
350 Management Services to assess an administrative health
351 insurance assessment on each state agency; providing
352 the rate of such assessment; defining the term “state
353 agency”; providing how a state agency shall remit
354 certain funds; requiring the Department of Management
355 Services to take certain actions in case of
356 delinquencies; requiring the Chief Financial Officer
357 to transfer funds under specified circumstances;
358 providing an exception; requiring state agencies to
359 provide a list of positions that qualify for such
360 exception by a specified date and to update the list
361 monthly thereafter; requiring state agencies to
362 include the administrative health insurance assessment
363 in their indirect cost plan; requiring agencies to
364 notify the Department of Management Services regarding
365 the approval of their updated indirect cost plans;
366 authorizing the Executive Office of the Governor to
367 transfer budget authority between agencies in
368 specified circumstances; providing that the annual
369 salaries of the members of the Legislature be
370 maintained at a specified level; reenacting s.
371 215.32(2)(b), F.S., relating to the authorization for
372 transferring unappropriated cash balances from
373 selected trust funds to the Budget Stabilization Fund
374 and General Revenue Fund; providing for future
375 expiration and reversion of specific statutory text;
376 specifying the type of travel which may be used with
377 state employee travel funds; providing exceptions;
378 providing a monetary cap on lodging costs for state
379 employee travel to certain meetings organized or
380 sponsored by a state agency or the judicial branch;
381 authorizing employees to expend their own funds for
382 lodging expenses that exceed the monetary caps;
383 amending s. 216.181, F.S.; extending for 1 fiscal year
384 the authority of the Legislative Budget Commission to
385 approve budget amendments for certain fixed capital
386 outlay projects; amending s. 350.0614, F.S.; extending
387 for 1 fiscal year specified provisions governing the
388 budget of the Public Counsel; amending s. 216.292,
389 F.S.; providing requirements for certain transfers;
390 authorizing state agencies to purchase vehicles from
391 nonstate term contract vendors without prior approval
392 from the Department of Management Services under
393 certain circumstances; authorizing the Department of
394 Management Services, the Executive Office of the
395 Governor, the Commissioner of Agriculture, the Chief
396 Financial Officer, and the Attorney General to enter
397 into specified leases as a lessee without having to
398 advertise or receive competitive solicitations;
399 requiring the Department of Environmental Protection
400 to use specified funds to purchase lands or interests
401 in lands within certain areas; requiring the
402 Department of Environmental Protection to offer
403 specified leases; requiring the Department of
404 Environmental Protection to perform a review of land
405 management activities in consultation with other state
406 lead land managers; requiring the Department of
407 Environmental Protection to submit a report on its
408 review and recommendations to the Legislature by a
409 specified date; prohibiting a county or municipal
410 government from adopting or amending certain
411 fertilizer management ordinances; providing conditions
412 under which the veto of certain appropriations or
413 proviso language in the General Appropriations Act
414 voids language that implements such appropriation;
415 providing for the continued operation of certain
416 provisions notwithstanding a future repeal or
417 expiration provided by the act; providing
418 severability; providing for contingent retroactivity;
419 providing effective dates.
420
421 Be It Enacted by the Legislature of the State of Florida:
422
423 Section 1. It is the intent of the Legislature that the
424 implementing and administering provisions of this act apply to
425 the General Appropriations Act for the 2023-2024 fiscal year.
426 Section 2. In order to implement Specific Appropriations 5,
427 6, 80, and 81 of the 2023-2024 General Appropriations Act, the
428 calculations of the Florida Education Finance Program for the
429 2023-2024 fiscal year included in the document titled “Public
430 School Funding: The Florida Education Finance Program (FEFP)
431 Fiscal Year 2023-2024,” dated May 2, 2023, and filed with the
432 Secretary of the Senate, are incorporated by reference for the
433 purpose of displaying the calculations used by the Legislature,
434 consistent with the requirements of state law, in making
435 appropriations for the Florida Education Finance Program. This
436 section expires July 1, 2024.
437 Section 3. In order to implement Specific Appropriation 59B
438 of the 2023-2024 General Appropriations Act, section 1009.895,
439 Florida Statutes, is amended to read:
440 1009.895 Open Door Grant Program.—
441 (1) ESTABLISHMENT; PURPOSE.—As used in this section, the
442 term:
443 (a) “Cost of the program” means the cost of tuition, fees,
444 examination, books, and materials to a student enrolled in an
445 eligible program.
446 (b) “Department” means the Department of Education.
447 (c) “Institution” means school district postsecondary
448 technical career centers under s. 1001.44, Florida College
449 System institutions under s. 1000.21(3), charter technical
450 career centers under s. 1002.34, and school districts with
451 eligible integrated education and training programs.
452 (d) “Program” means a noncredit industry certification
453 preparation, clock hour career certificate programs, or for
454 credit short-term career and technical education programs that
455 result in the award of credentials identified under s.
456 445.004(4).
457 (e) “Student” means a person who is a resident of this
458 state as determined under s. 1009.21 and is unemployed,
459 underemployed, or furloughed.
460 (2) The Open Door Grant Program is established and shall be
461 administered by participating institutions in accordance with
462 rules of the State Board of Education. The program is created to
463 incentivize for the purpose of:
464 (a) Creating and sustaining a demand-driven supply of
465 credentialed workers for high-demand occupations by addressing
466 and closing the gap between the skills needed by workers in the
467 state and the skills of the available workforce in the state.
468 (b) Expanding the affordability of workforce training and
469 credentialing.
470 (c) Increasing the interest of current and future workers
471 to enroll in short-term, high-demand career and technical
472 education that leads to a credential, credentialing and
473 certificate, or degree programs.
474 (2) ELIGIBILITY.—In order to be eligible for the program, a
475 student must:
476 (a) Meet the requirements under s. 1009.40(1)(a)2. and 3.;
477 (b) Be enrolled in an integrated education and training
478 program in which institutions establish partnerships with local
479 workforce development boards to provide basic skills
480 instruction, contextually and concurrently, with workforce
481 training that results in the award of credentials under s.
482 445.004(4) or a workforce education program as defined under s.
483 1011.80(1)(b)-(f) that is included on the Master Credentials
484 List under s. 445.004(4); and
485 (c) Be enrolled at a school district postsecondary
486 technical career center under s. 1001.44, a Florida College
487 System institution under s. 1000.21(3), or a charter technical
488 career center under s. 1002.34.
489
490 An institution may not impose additional criteria to determine a
491 student’s eligibility to receive a grant under this section.
492 (3) GRANT AWARD.—A student is eligible to receive a maximum
493 award equal to the amount needed to cover 100 percent of tuition
494 and fees, exam or assessment costs, books, and related materials
495 for eligible programs after all other federal and state
496 financial aid is applied. In addition, a student may receive a
497 stipend of up to $1,500, or an amount specified in the General
498 Appropriations Act, per academic year to cover other education
499 expenses related to the institutional cost of attendance. The
500 institution shall make awards and stipends subject to
501 availability of funding. Returning students must be given
502 priority over new students.
503 (4) DISTRIBUTION OF FUNDS.—
504 (a) For the 2023-2024 fiscal year, funding for eligible
505 institutions must consist of a base amount provided for in the
506 General Appropriations Act plus each institution’s proportionate
507 share of full-time equivalent students enrolled in workforce
508 education programs. Beginning in the 2024-2025 fiscal year, the
509 funds appropriated for the Open Door Grant Program must be
510 distributed to eligible institutions in accordance with a
511 formula approved by the State Board of Education. The formula
512 must consider at least the prior year’s distribution of funds
513 and the number of eligible applicants who did not receive
514 awards.
515 (b) Subject to the appropriation of funds by the
516 Legislature, the Department of Education shall transmit payment
517 of grants to the institution in advance of the registration
518 period. Institutions shall notify students of the amount of
519 their awards.
520 (c) The eligibility status of each student to receive a
521 disbursement must be determined by each institution as of the
522 end of its regular registration period, inclusive of a drop-add
523 period. Institutions may not be required to reevaluate a
524 student’s eligibility status after this date for purposes of
525 changing eligibility determinations previously made.
526 (d) Each term, institutions shall certify to the department
527 within 30 days after the end of the regular registration period
528 the amount of funds disbursed to each student. Institutions
529 shall remit to the department any undisbursed advances for the
530 fall, spring, and summer terms within 30 days after the end of
531 the summer term.
532 (5) INSTITUTIONAL REPORTING.—Each institution shall report
533 to the department by the established date:
534 (a) The number of students eligible for the program for
535 each academic term. Each institution shall also report to the
536 department any necessary demographic and eligibility data for
537 students; and
538 (3) The department shall provide grants to institutions on
539 a first-come, first-serve basis for students who enroll in an
540 eligible program. The department shall prioritize funding for
541 integrated education and training programs in which institutions
542 establish partnerships with local workforce development boards
543 to provide basic skills instruction, contextually and
544 concurrently, with workforce training that results in the award
545 of credentials under s. 445.004(4). One-quarter of the
546 appropriated funds must be prioritized to serve students
547 attending rural institutions. No more than one-quarter of the
548 appropriated funds may be disbursed annually to any eligible
549 institution.
550 (4) Subject to the availability of funds:
551 (a) A student who enrolls in an eligible program offered by
552 an institution and who does not receive state or federal
553 financial aid may apply for and be awarded a grant to cover two
554 thirds of the cost of the program, if at the time of enrollment
555 the student pays one-third of the cost of the program and signs
556 an agreement to either complete the program or pay an additional
557 one-third of the cost of the program in the event of
558 noncompletion. The department shall reimburse the institution in
559 an amount equal to one-third of the cost of the program upon a
560 student’s completion of the program. An additional one-third
561 shall be provided upon attainment of a workforce credential or
562 certificate by the student. Grant funds may be used to cover the
563 student’s one-third of the cost of the program for students in
564 integrated education and training programs and students who do
565 not have a high school diploma and meet the requirements
566 established by the department. An institution may cover the
567 student’s one-third of the cost of the program based on student
568 need, as determined by the institution.
569 (b) A student receiving state or federal financial aid who
570 enrolls in an eligible program offered by an institution may
571 apply for and be awarded a grant to cover the unmet need of the
572 cost of the program after the application of all eligible
573 financial aid. Financial aid and grants received by the student
574 shall be credited first to the student’s costs before the award
575 of an open door grant. After a student is enrolled in an
576 eligible program, the department shall award the grant to the
577 institution for the amount of unmet need for the eligible
578 student.
579 (5) The department may not reimburse any institution more
580 than $3,000 per completed workforce training program by an
581 eligible student.
582 (6) The department shall administer the grant and shall
583 carry out the goals and purposes of the grant set forth in
584 subsection (2). In administering the grant, the department
585 shall:
586 (a) Require eligible institutions to provide student
587 specific data.
588 (b) Undertake periodic assessments of the overall success
589 of the grant program and recommend modifications, interventions,
590 and other actions based on such assessments.
591 (c) Establish the procedure by which eligible institutions
592 shall notify the department when eligible students enroll in
593 eligible programs.
594 (d) Require each eligible institution to submit a report
595 with Data from the previous fiscal year on program completion
596 and credential attainment by students participating in the grant
597 program that, at a minimum, includes:
598 1. A list of the programs offered.
599 2. The number of students who enrolled in the programs.
600 3. The number of students who completed the programs.
601 4. The number of students who attained workforce
602 credentials, categorized by credential name and relevant
603 occupation, after completing training programs.
604 5. The average cost per workforce credential attained,
605 categorized by credential name and relevant occupation.
606 (6)(7) REPORTING.—The department shall compile the data
607 provided under paragraph (5)(b) (6)(d) and annually report such
608 aggregate data, in the aggregate and categorize such information
609 by eligible institution, to the State Board of Education. The
610 report shall also include information on the average wage, age,
611 gender, race, ethnicity, veteran status, and other relevant
612 information, of students who have completed workforce training
613 programs categorized by credential name and relevant occupation.
614 (7)(8) RULES.—The State Board of Education shall adopt
615 rules to implement this section.
616 Section 4. The amendments to s. 1009.895, Florida Statutes,
617 made by this act expire July 1, 2024, and the text of that
618 section shall revert to that in existence on June 30, 2023,
619 except that any amendments to such text enacted other than by
620 this act shall be preserved and continue to operate to the
621 extent that such amendments are not dependent upon the portions
622 of text which expire pursuant to this section.
623 Section 5. In order to implement Specific Appropriation 79
624 of the 2023-2024 General Appropriations Act, paragraphs (a) and
625 (f) of subsection (4), subsection (5), and paragraph (e) of
626 subsection (6) of section 1002.68, Florida Statutes, are amended
627 to read:
628 1002.68 Voluntary Prekindergarten Education Program
629 accountability.—
630 (4)(a) Beginning with the 2023-2024 2022-2023 program year,
631 the department shall adopt a methodology for calculating each
632 private prekindergarten provider’s and public school provider’s
633 performance metric, which must be based on a combination of the
634 following:
635 1. Program assessment composite scores under subsection
636 (2), which must be weighted at no less than 50 percent.
637 2. Learning gains operationalized as change-in-ability
638 scores from the initial and final progress monitoring results
639 described in subsection (1).
640 3. Norm-referenced developmental learning outcomes
641 described in subsection (1).
642 (f) The department shall adopt procedures to annually
643 calculate each private prekindergarten provider’s and public
644 school’s performance metric, based on the methodology adopted in
645 paragraphs (a) and (b), and assign a designation under paragraph
646 (d). Beginning with the 2024-2025 2023-2024 program year, each
647 private prekindergarten provider or public school shall be
648 assigned a designation within 45 days after the conclusion of
649 the school-year Voluntary Prekindergarten Education Program
650 delivered by all participating private prekindergarten providers
651 or public schools and within 45 days after the conclusion of the
652 summer Voluntary Prekindergarten Education Program delivered by
653 all participating private prekindergarten providers or public
654 schools.
655 (5)(a) If a public school’s or private prekindergarten
656 provider’s program assessment composite score for its
657 prekindergarten classrooms fails to meet the minimum program
658 assessment composite score for contracting adopted in rule by
659 the department, the private prekindergarten provider or public
660 school may not participate in the Voluntary Prekindergarten
661 Education Program beginning in the consecutive program year and
662 thereafter until the public school or private prekindergarten
663 provider meets the minimum composite score for contracting. A
664 public school or private prekindergarten provider may request
665 one program assessment per program year in order to requalify
666 for participation in the Voluntary Prekindergarten Education
667 Program, provided that the public school or private
668 prekindergarten provider is not excluded from participation
669 under ss. 1002.55(6), 1002.61(10)(b), 1002.63(9)(b), or
670 paragraph (5)(b) of this section. If a public school or private
671 prekindergarten provider would like an additional program
672 assessment completed within the same program year, the public
673 school or private prekindergarten provider shall be responsible
674 for the cost of the program assessment.
675 (b) If a private prekindergarten provider’s or public
676 school’s performance metric or designation falls below the
677 minimum performance metric or designation, the early learning
678 coalition shall:
679 1. Require the provider or school to submit for approval to
680 the early learning coalition an improvement plan and implement
681 the plan.
682 2. Place the provider or school on probation.
683 3. Require the provider or school to take certain
684 corrective actions, including the use of a curriculum approved
685 by the department under s. 1002.67(2)(c) and a staff development
686 plan approved by the department to strengthen instructional
687 practices in emotional support, classroom organization,
688 instructional support, language development, phonological
689 awareness, alphabet knowledge, and mathematical thinking.
690 (b)(c) A private prekindergarten provider or public school
691 that is placed on probation must continue the corrective actions
692 required under paragraph (a) (b) until the provider or school
693 meets the minimum performance metric or designation adopted by
694 the department. Failure to meet the requirements of
695 subparagraphs (a)1. and 3. (b)1. and 3. shall result in the
696 termination of the provider’s or school’s contract to deliver
697 the Voluntary Prekindergarten Education Program for a period of
698 at least 2 years but no more than 5 years.
699 (c)(d) If a private prekindergarten provider or public
700 school remains on probation for 2 consecutive years and fails to
701 meet the minimum performance metric or designation, or is not
702 granted a good cause exemption by the department, the department
703 shall require the early learning coalition to revoke the
704 provider’s eligibility and the school district to revoke the
705 school’s eligibility to deliver the Voluntary Prekindergarten
706 Education Program and receive state funds for the program for a
707 period of at least 2 years but no more than 5 years.
708 (6)
709 (e) A private prekindergarten provider or public school
710 granted a good cause exemption shall continue to implement its
711 improvement plan and continue the corrective actions required
712 under paragraph (5)(a) (5)(b) until the provider or school meets
713 the minimum performance metric.
714 Section 6. The amendments to s. 1002.68(4)(a) and (f), (5),
715 and (6)(e), Florida Statutes, made by this act expire July 1,
716 2024, and the text of those subsections or paragraphs, as
717 applicable, shall revert to that in existence on June 30, 2023,
718 except that any amendments to such text enacted other than by
719 this act shall be preserved and continue to operate to the
720 extent that such amendments are not dependent upon the portions
721 of text which expire pursuant to this section.
722 Section 7. In order to implement Specific Appropriations
723 197 through 223 and 539 of the 2023-2024 General Appropriations
724 Act, and notwithstanding ss. 216.181 and 216.292, Florida
725 Statutes, the Agency for Health Care Administration, in
726 consultation with the Department of Health, may submit a budget
727 amendment, subject to the notice, review, and objection
728 procedures of s. 216.177, Florida Statutes, to realign funding
729 within and between agencies based on implementation of the
730 managed medical assistance component of the Statewide Medicaid
731 Managed Care program for the Children’s Medical Services program
732 of the Department of Health. The funding realignment shall
733 reflect the actual enrollment changes due to the transfer of
734 beneficiaries from fee-for-service to the capitated Children’s
735 Medical Services network. The Agency for Health Care
736 Administration may submit a request for nonoperating budget
737 authority to transfer the federal funds to the Department of
738 Health pursuant to s. 216.181(12), Florida Statutes. This
739 section expires July 1, 2024.
740 Section 8. In order to implement Specific Appropriations
741 197 through 223 of the 2023-2024 General Appropriations Act, and
742 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
743 Agency for Health Care Administration may submit a budget
744 amendment, subject to the notice, review, and objection
745 procedures of s. 216.177, Florida Statutes, to realign funding
746 within the Medicaid program appropriation categories to address
747 projected surpluses and deficits within the program and to
748 maximize the use of state trust funds. A single budget amendment
749 shall be submitted in the last quarter of the 2023-2024 fiscal
750 year only. This section expires July 1, 2024.
751 Section 9. In order to implement Specific Appropriations
752 176 through 181 and 539 of the 2023-2024 General Appropriations
753 Act, and notwithstanding ss. 216.181 and 216.292, Florida
754 Statutes, the Agency for Health Care Administration and the
755 Department of Health may each submit a budget amendment, subject
756 to the notice, review, and objection procedures of s. 216.177,
757 Florida Statutes, to realign funding within the Florida Kidcare
758 program appropriation categories, or to increase budget
759 authority in the Children’s Medical Services network category,
760 to address projected surpluses and deficits within the program
761 or to maximize the use of state trust funds. A single budget
762 amendment must be submitted by each agency in the last quarter
763 of the 2023-2024 fiscal year only. This section expires July 1,
764 2024.
765 Section 10. In order to implement Specific Appropriations
766 490 through 494 of the 2023-2024 General Appropriations Act,
767 subsection (17) of section 381.986, Florida Statutes, is amended
768 to read:
769 381.986 Medical use of marijuana.—
770 (17) Rules adopted pursuant to this section before July 1,
771 2024 2023, are not subject to ss. 120.54(3)(b) and 120.541. This
772 subsection expires July 1, 2024 2023.
773 Section 11. Effective July 1, 2023, upon the expiration and
774 reversion of the amendments made to subsection (1) of section 14
775 of chapter 2017-232, Laws of Florida, pursuant to section 18 of
776 chapter 2022-157, Laws of Florida, and in order to implement
777 Specific Appropriations 490 through 494 of the 2023-2024 General
778 Appropriations Act, subsection (1) of section 14 of chapter
779 2017-232, Laws of Florida, is amended to read:
780 Section 14. Department of Health; authority to adopt rules;
781 cause of action.—
782 (1) EMERGENCY RULEMAKING.—
783 (a) The Department of Health and the applicable boards
784 shall adopt emergency rules pursuant to s. 120.54(4), Florida
785 Statutes, and this section necessary to implement s. 381.986 ss.
786 381.986 and 381.988, Florida Statutes. If an emergency rule
787 adopted under this section is held to be unconstitutional or an
788 invalid exercise of delegated legislative authority, and becomes
789 void, the department or the applicable boards may adopt an
790 emergency rule pursuant to this section to replace the rule that
791 has become void. If the emergency rule adopted to replace the
792 void emergency rule is also held to be unconstitutional or an
793 invalid exercise of delegated legislative authority and becomes
794 void, the department and the applicable boards must follow the
795 nonemergency rulemaking procedures of the Administrative
796 Procedures Act to replace the rule that has become void.
797 (b) For emergency rules adopted under this section, the
798 department and the applicable boards need not make the findings
799 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
800 adopted under this section are exempt from ss. 120.54(3)(b) and
801 120.541, Florida Statutes. The department and the applicable
802 boards shall meet the procedural requirements in s. 120.54(4)(a)
803 s. 120.54(a), Florida Statutes, if the department or the
804 applicable boards have, before July 1, 2019 the effective date
805 of this act, held any public workshops or hearings on the
806 subject matter of the emergency rules adopted under this
807 subsection. Challenges to emergency rules adopted under this
808 subsection are subject to the time schedules provided in s.
809 120.56(5), Florida Statutes.
810 (c) Emergency rules adopted under this section are exempt
811 from s. 120.54(4)(c), Florida Statutes, and shall remain in
812 effect until replaced by rules adopted under the nonemergency
813 rulemaking procedures of the Administrative Procedures Act.
814 Rules adopted under the nonemergency rulemaking procedures of
815 the Administrative Procedures Act to replace emergency rules
816 adopted under this section are exempt from ss. 120.54(3)(b) and
817 120.541, Florida Statutes. By July 1, 2024 January 1, 2018, the
818 department and the applicable boards shall initiate nonemergency
819 rulemaking pursuant to the Administrative Procedures Act to
820 replace all emergency rules adopted under this section by
821 publishing a notice of rule development in the Florida
822 Administrative Register. Except as provided in paragraph (a),
823 after July 1, 2024 January 1, 2018, the department and
824 applicable boards may not adopt rules pursuant to the emergency
825 rulemaking procedures provided in this section.
826 Section 12. The amendments to subsection (1) of section 14
827 of chapter 2017-232, Laws of Florida, made by this act expire
828 July 1, 2024, and the text of that subsection shall revert to
829 that in existence on June 30, 2019, except that any amendments
830 to such text enacted other than by this act shall be preserved
831 and continue to operate to the extent that such amendments are
832 not dependent upon the portions of text which expire pursuant to
833 this section.
834 Section 13. In order to implement Specific Appropriations
835 202, 203, 206, and 210 of the 2023-2024 General Appropriations
836 Act, the Agency for Health Care Administration may submit a
837 budget amendment pursuant to chapter 216, Florida Statutes,
838 requesting additional spending authority to implement the
839 federally approved Directed Payment Program for hospitals
840 statewide providing inpatient and outpatient services to
841 Medicaid managed care enrollees, the Indirect Medical Education
842 (IME) Program, and a nursing workforce expansion and education
843 program for certain institutions participating in a graduate
844 medical education or nursing education program. For institutions
845 participating in the nursing workforce expansion and education
846 program, the budget amendment must identify the educational
847 institutions partnering with the teaching hospital. Institutions
848 participating in the nursing workforce expansion and education
849 program shall provide quarterly reports to the agency detailing
850 the number of nurses participating in the program. This section
851 expires July 1, 2024.
852 Section 14. In order to implement Specific Appropriations
853 203, 206, and 210 of the 2023-2024 General Appropriations Act,
854 the Agency for Health Care Administration may submit a budget
855 amendment pursuant to chapter 216, Florida Statutes, requesting
856 additional spending authority to implement the federally
857 approved Directed Payment Program and fee-for-service
858 supplemental payments for cancer hospitals that meet the
859 criteria in 42 U.S.C. s. 1395ww(d)(1)(B)(v). Notwithstanding s.
860 409.908(1)(a), Florida Statutes, the executed Letters of
861 Agreement for Fiscal Year 2022-2023 that support the Grants and
862 Donations Trust Fund appropriation that provides a minimum fee
863 schedule calculated as a supplemental per member per month
864 payment through prepaid health plans for services provided by
865 qualifying Florida cancer hospitals that meet the criteria in 42
866 U.S.C. s. 1395ww(d)(1)(B)(v) shall remain in effect until the
867 federal Centers for Medicare and Medicaid Services approves the
868 expenditure of such funds and the funds are transferred to the
869 Agency for Health Care Administration. The intergovernmental
870 transfer amounts in the Letters of Agreement may be modified in
871 accordance with the prevailing federal medical assistance
872 matching percent at the time payments are made. This section
873 expires July 1, 2024.
874 Section 15. In order to implement Specific Appropriations
875 197 through 223 of the 2023-2024 General Appropriations Act, the
876 Agency for Health Care Administration may submit a budget
877 amendment, subject to the notice, review, and objection
878 procedures of s. 216.177, Florida Statutes, to provide spending
879 authority to implement the Low Income Pool component of the
880 Florida Managed Medical Assistance Demonstration up to the total
881 computable funds authorized by the federal Centers for Medicare
882 and Medicaid Services. The budget amendment must include the
883 final terms and conditions of the Low Income Pool, a proposed
884 distribution model by entity, and a listing of entities
885 contributing intergovernmental transfers to support the state
886 match required. In addition, for each entity included in the
887 distribution model, a signed attestation must be provided that
888 includes the charity care cost upon which the Low Income Pool
889 payment is based and an acknowledgment that should the
890 distribution result in an overpayment based on the Low Income
891 Pool cost limit audit, the entity is responsible for returning
892 that overpayment to the agency for return to the federal Centers
893 for Medicare and Medicaid Services. This section expires July 1,
894 2024.
895 Section 16. In order to implement Specific Appropriations
896 209 and 210 of the 2023-2024 General Appropriations Act, the
897 Agency for Health Care Administration may submit a budget
898 amendment pursuant to chapter 216, Florida Statutes, requesting
899 additional spending authority to implement fee-for-service
900 supplemental payments and a directed payment program for
901 physicians and subordinate licensed health care practitioners
902 employed by or under contract with a Florida medical or dental
903 school, or a public hospital. Notwithstanding s. 409.908(1)(a),
904 Florida Statutes, the executed Letters of Agreement for Fiscal
905 Year 2022-2023 that support the Grants and Donations Trust Fund
906 appropriation that provides a differential fee schedule paid as
907 supplemental payments or a minimum fee schedule calculated as
908 supplemental per member per month payment through prepaid health
909 plans for services provided by doctors of medicine, osteopathy,
910 and dentistry as well as other licensed health care
911 practitioners acting under the supervision of those doctors
912 pursuant to existing statutes and written protocols employed by
913 or under contract with a medical or dental school or a public
914 hospital in Florida shall remain in effect until the federal
915 Centers for Medicare and Medicaid Services approves the
916 expenditure of such funds and the funds are transferred to the
917 Agency for Health Care Administration. The intergovernmental
918 transfer amounts in the Letters of Agreement may be modified in
919 accordance with the prevailing federal medical assistance
920 matching percent at the time payments are made. This section
921 expires July 1, 2024.
922 Section 17. In order to implement Specific Appropriations
923 207, 210, and 221 of the 2023-2024 General Appropriations Act,
924 the Agency for Health Care Administration may submit a budget
925 amendment pursuant to chapter 216, Florida Statutes, requesting
926 additional spending authority to implement a certified
927 expenditure program for emergency medical transportation
928 services. This section expires July 1, 2024.
929 Section 18. In order to implement Specific Appropriations
930 328, 330, 361, and 362 of the 2023-2024 General Appropriations
931 Act, and notwithstanding ss. 216.181 and 216.292, Florida
932 Statutes, the Department of Children and Families may submit a
933 budget amendment, subject to the notice, review, and objection
934 procedures of s. 216.177, Florida Statutes, to realign funding
935 within the department based on the implementation of the
936 Guardianship Assistance Program, between the specific
937 appropriations for guardianship assistance payments, foster care
938 Level 1 room and board payments, relative caregiver payments,
939 and nonrelative caregiver payments. This section expires July 1,
940 2024.
941 Section 19. In order to implement Specific Appropriations
942 197 through 199, 203, 206, 207, 209 through 211, 355, 365, 482,
943 499 through 501, 507, and 511 of the 2023-2024 General
944 Appropriations Act, and notwithstanding ss. 216.181 and 216.292,
945 Florida Statutes, the Department of Children and Families,
946 Department of Health, and Agency for Health Care Administration
947 may submit budget amendments, subject to the notice, review, and
948 objection procedures of s. 216.177, Florida Statutes, to
949 increase budget authority to support refugee programs
950 administered by the federal Office of Refugee Resettlement due
951 to the ongoing instability of federal immigration policy and the
952 resulting inability of the state to reasonably predict, with
953 certainty, the budgetary need of this state with respect to the
954 number of refugees relocated to the state as part of those
955 federal programs. The Department of Children and Families shall
956 submit quarterly reports to the Executive Office of the
957 Governor, the President of the Senate, and the Speaker of the
958 House of Representatives on the number of refugees entering the
959 state, the nations of origin of such refugees, and current
960 expenditure projections. This section expires July 1, 2024.
961 Section 20. In order to implement Specific Appropriations
962 358 through 360, 372 through 378, and 383 through 387 of the
963 2023-2024 General Appropriations Act, and notwithstanding ss.
964 216.181 and 216.292, Florida Statutes, the Department of
965 Children and Families may submit budget amendments, subject to
966 the notice, review, and objection procedures of s. 216.177,
967 Florida Statutes, to increase budget authority to support the
968 following federal grant programs: the Supplemental Nutrition
969 Assistance Grant Program, the Pandemic Electronic Benefit
970 Transfer, the American Rescue Plan Grant, the State Opioid
971 Response Grant, the Substance Abuse Prevention and Treatment
972 Block Grant, and the Mental Health Block Grant. This section
973 expires July 1, 2024.
974 Section 21. In order to implement Specific Appropriations
975 469 and 471 of the 2023-2024 General Appropriations Act, and
976 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
977 Department of Health may submit a budget amendment, subject to
978 the notice, review, and objection procedures of s. 216.177,
979 Florida Statutes, to increase budget authority for the
980 Supplemental Nutrition Program for Women, Infants, and Children
981 (WIC) and the Child Care Food Program if additional federal
982 revenues will be expended in the 2023-2024 fiscal year. This
983 section expires July 1, 2024.
984 Section 22. In order to implement Specific Appropriations
985 478 and 523 of the 2023-2024 General Appropriations Act, and
986 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
987 Department of Health may submit a budget amendment, subject to
988 the notice, review, and objection procedures of s. 216.177,
989 Florida Statutes, to increase budget authority for the HIV/AIDS
990 Prevention and Treatment Program if additional federal revenues
991 specific to HIV/AIDS prevention and treatment become available
992 in the 2023-2024 fiscal year. This section expires July 1, 2024.
993 Section 23. In order to implement Specific Appropriations
994 432 through 567 of the 2023-2024 General Appropriations Act, and
995 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
996 Department of Health may submit a budget amendment, subject to
997 the notice, review, and objection procedures of s. 216.177,
998 Florida Statutes, to increase budget authority for the
999 department if additional federal revenues specific to COVID-19
1000 relief funds become available in the 2023-2024 fiscal year. This
1001 section expires July 1, 2024.
1002 Section 24. In order to implement Specific Appropriations
1003 191 and 192A through 192E of the 2023-2024 General
1004 Appropriations Act:
1005 (1) The Agency for Health Care Administration shall replace
1006 the current Florida Medicaid Management Information System
1007 (FMMIS) and fiscal agent operations with a system that is
1008 modular, interoperable, and scalable for the Florida Medicaid
1009 program that complies with all applicable federal and state laws
1010 and requirements. The agency may not include in the project to
1011 replace the current FMMIS and fiscal agent contract:
1012 (a) Functionality that duplicates any of the information
1013 systems of the other health and human services state agencies;
1014 (b) Procurement for agency requirements external to
1015 Medicaid programs with the intent to leverage the Medicaid
1016 technology infrastructure for other purposes without legislative
1017 appropriation or legislative authorization to procure these
1018 requirements. The new system, the Florida Health Care Connection
1019 (FX) system, must provide better integration with subsystems
1020 supporting Florida’s Medicaid program; uniformity, consistency,
1021 and improved access to data; and compatibility with the Centers
1022 for Medicare and Medicaid Services’ Medicaid Information
1023 Technology Architecture (MITA) as the system matures and expands
1024 its functionality; or
1025 (c) Any contract executed after July 1, 2022, not including
1026 staff augmentation services purchased off the Department of
1027 Management Services Information Technology staff augmentation
1028 state term contract that are not deliverables based fixed price
1029 contracts.
1030 (2) For purposes of replacing FMMIS and the current
1031 Medicaid fiscal agent, the Agency for Health Care Administration
1032 shall:
1033 (a) Prioritize procurements for the replacement of the
1034 current functions of FMMIS and the responsibilities of the
1035 current Medicaid fiscal agent, to minimize the need to extend
1036 all or portions of the current fiscal agent contract.
1037 (b) Comply with and not exceed the Centers for Medicare and
1038 Medicaid Services funding authorizations for the FX system.
1039 (c) Ensure compliance and uniformity with the published
1040 MITA framework and guidelines.
1041 (d) Ensure that all business requirements and technical
1042 specifications have been provided to all affected state agencies
1043 for their review and input and approved by the executive
1044 steering committee established in paragraph (g).
1045 (e) Consult with the Executive Office of the Governor’s
1046 working group for interagency information technology integration
1047 for the development of competitive solicitations that provide
1048 for data interoperability and shared information technology
1049 services across the state’s health and human services agencies.
1050 (f) Implement a data governance structure for the project
1051 to coordinate data sharing and interoperability across state
1052 health care entities.
1053 (g) Implement a project governance structure that includes
1054 an executive steering committee composed of:
1055 1. The Secretary of Health Care Administration, or the
1056 executive sponsor of the project.
1057 2. A representative of the Division of Health Care Finance
1058 and Data of the Agency for Health Care Administration, appointed
1059 by the Secretary of Health Care Administration.
1060 3. Two representatives from the Division of Medicaid
1061 Policy, Quality, and Operations of the Agency for Health Care
1062 Administration, appointed by the Secretary of Health Care
1063 Administration.
1064 4. A representative of the Division of Health Care Policy
1065 and Oversight of the Agency for Health Care Administration,
1066 appointed by the Secretary of Health Care Administration.
1067 5. A representative of the Florida Center for Health
1068 Information and Transparency of the Agency for Health Care
1069 Administration, appointed by the Secretary of Health Care
1070 Administration.
1071 6. The Chief Information Officer of the Agency for Health
1072 Care Administration, or his or her designee.
1073 7. The state chief information officer, or his or her
1074 designee.
1075 8. Two representatives of the Department of Children and
1076 Families, appointed by the Secretary of Children and Families.
1077 9. A representative of the Department of Health, appointed
1078 by the State Surgeon General.
1079 10. A representative of the Agency for Persons with
1080 Disabilities, appointed by the director of the Agency for
1081 Persons with Disabilities.
1082 11. A representative from the Florida Healthy Kids
1083 Corporation.
1084 12. A representative from the Department of Elderly
1085 Affairs, appointed by the Secretary of Elderly Affairs.
1086 13. A representative of the Department of Financial
1087 Services who has experience with the state’s financial
1088 processes, including development of the PALM system, appointed
1089 by the Chief Financial Officer.
1090 (3) The Secretary of Health Care Administration or the
1091 executive sponsor of the project shall serve as chair of the
1092 executive steering committee, and the committee shall take
1093 action by a vote of at least 10 affirmative votes with the chair
1094 voting on the prevailing side. A quorum of the executive
1095 steering committee consists of at least 11 members.
1096 (4) The executive steering committee has the overall
1097 responsibility for ensuring that the project to replace FMMIS
1098 and the Medicaid fiscal agent meets its primary business
1099 objectives and shall:
1100 (a) Identify and recommend to the Executive Office of the
1101 Governor, the President of the Senate, and the Speaker of the
1102 House of Representatives any statutory changes needed to
1103 implement the modular replacement to standardize, to the fullest
1104 extent possible, the state’s health care data and business
1105 processes.
1106 (b) Review and approve any changes to the project’s scope,
1107 schedule, and budget which do not conflict with the requirements
1108 of subsections (1) and (2).
1109 (c) Ensure that adequate resources are provided throughout
1110 all phases of the project.
1111 (d) Approve all major project deliverables.
1112 (e) Review and verify that all procurement and contractual
1113 documents associated with the replacement of the current FMMIS
1114 and Medicaid fiscal agent align with the scope, schedule, and
1115 anticipated budget for the project.
1116 (5) This section expires July 1, 2024.
1117 Section 25. In order to implement Specific Appropriations
1118 210, 211, 265, 277, 340, 501, and 523 of the 2023-2024 General
1119 Appropriations Act, the Agency for Health Care Administration,
1120 in consultation with the Department of Health, the Agency for
1121 Persons with Disabilities, the Department of Children and
1122 Families, and the Department of Corrections, shall competitively
1123 procure a contract with a vendor to negotiate, for these
1124 agencies, prices for prescribed drugs and biological products
1125 excluded from the programs established under s. 381.02035,
1126 Florida Statutes, and ineligible under 21 U.S.C. s. 384,
1127 including, but not limited to, insulin and epinephrine. The
1128 contract may allow the vendor to directly purchase these
1129 products for participating agencies when feasible and
1130 advantageous. The contracted vendor will be compensated on a
1131 contingency basis, paid from a portion of the savings achieved
1132 by its price negotiation or purchase of the prescription drugs
1133 and products. This section expires July 1, 2024.
1134 Section 26. In order to implement Specific Appropriations
1135 256, 263, 264, 275, and 276 of the 2023-2024 General
1136 Appropriations Act, and notwithstanding ss. 216.181 and 216.292,
1137 Florida Statutes, the Agency for Persons with Disabilities may
1138 submit budget amendments, subject to the notice, review, and
1139 objection procedures of s. 216.177, Florida Statutes, to
1140 transfer funding from the Salaries and Benefits appropriation
1141 categories to categories used for contractual services in order
1142 to support additional staff augmentation resources needed at the
1143 Developmental Disability Centers. This section expires July 1,
1144 2024.
1145 Section 27. In order to implement Specific Appropriation
1146 210 of the 2023-2024 General Appropriations Act, subsection (1)
1147 of section 409.915, Florida Statutes, is amended to read:
1148 409.915 County contributions to Medicaid.—Although the
1149 state is responsible for the full portion of the state share of
1150 the matching funds required for the Medicaid program, the state
1151 shall charge the counties an annual contribution in order to
1152 acquire a certain portion of these funds.
1153 (1)(a) As used in this section, the term “state Medicaid
1154 expenditures” means those expenditures used as matching funds
1155 for the federal Medicaid program.
1156 (b) The term does not include funds specially assessed by
1157 any local governmental entity and used as the nonfederal share
1158 for the hospital directed payment program after July 1, 2021.
1159 This paragraph expires July 1, 2024.
1160 Section 28. In order to implement Specific Appropriations
1161 598 through 705 and 718 through 753 of the 2023-2024 General
1162 Appropriations Act, subsection (4) of section 216.262, Florida
1163 Statutes, is amended to read:
1164 216.262 Authorized positions.—
1165 (4) Notwithstanding the provisions of this chapter relating
1166 to increasing the number of authorized positions, and for the
1167 2023-2024 2022-2023 fiscal year only, if the actual inmate
1168 population of the Department of Corrections exceeds the inmate
1169 population projections of the February 13, 2023 January 13,
1170 2022, Criminal Justice Estimating Conference by 1 percent for 2
1171 consecutive months or 2 percent for any month, the Executive
1172 Office of the Governor, with the approval of the Legislative
1173 Budget Commission, shall immediately notify the Criminal Justice
1174 Estimating Conference, which shall convene as soon as possible
1175 to revise the estimates. The Department of Corrections may then
1176 submit a budget amendment requesting the establishment of
1177 positions in excess of the number authorized by the Legislature
1178 and additional appropriations from unallocated general revenue
1179 sufficient to provide for essential staff, fixed capital
1180 improvements, and other resources to provide classification,
1181 security, food services, health services, and other variable
1182 expenses within the institutions to accommodate the estimated
1183 increase in the inmate population. All actions taken pursuant to
1184 this subsection are subject to review and approval by the
1185 Legislative Budget Commission. This subsection expires July 1,
1186 2024 2023.
1187 Section 29. In order to implement Specific Appropriations
1188 3271 through 3337 of the 2023-2024 General Appropriations Act,
1189 subsection (2) of section 215.18, Florida Statutes, is amended
1190 to read:
1191 215.18 Transfers between funds; limitation.—
1192 (2) The Chief Justice of the Supreme Court may receive one
1193 or more trust fund loans to ensure that the state court system
1194 has funds sufficient to meet its appropriations in the 2023-2024
1195 2022-2023 General Appropriations Act. If the Chief Justice
1196 accesses the loan, he or she must notify the Governor and the
1197 chairs of the legislative appropriations committees in writing.
1198 The loan must come from other funds in the State Treasury which
1199 are for the time being or otherwise in excess of the amounts
1200 necessary to meet the just requirements of such last-mentioned
1201 funds. The Governor shall order the transfer of funds within 5
1202 days after the written notification from the Chief Justice. If
1203 the Governor does not order the transfer, the Chief Financial
1204 Officer shall transfer the requested funds. The loan of funds
1205 from which any money is temporarily transferred must be repaid
1206 by the end of the 2023-2024 2022-2023 fiscal year. This
1207 subsection expires July 1, 2024 2023.
1208 Section 30. In order to implement Specific Appropriations
1209 1132 through 1143 of the 2023-2024 General Appropriations Act:
1210 (1) The Department of Juvenile Justice is required to
1211 review county juvenile detention payments to ensure that
1212 counties fulfill their financial responsibilities required in s.
1213 985.6865, Florida Statutes. If the Department of Juvenile
1214 Justice determines that a county has not met its obligations,
1215 the department shall direct the Department of Revenue to deduct
1216 the amount owed to the Department of Juvenile Justice from the
1217 funds provided to the county under s. 218.23, Florida Statutes.
1218 The Department of Revenue shall transfer the funds withheld to
1219 the Shared County/State Juvenile Detention Trust Fund.
1220 (2) As an assurance to holders of bonds issued by counties
1221 before July 1, 2023, for which distributions made pursuant to s.
1222 218.23, Florida Statutes, are pledged, or bonds issued to refund
1223 such bonds which mature no later than the bonds they refunded
1224 and which result in a reduction of debt service payable in each
1225 fiscal year, the amount available for distribution to a county
1226 shall remain as provided by law and continue to be subject to
1227 any lien or claim on behalf of the bondholders. The Department
1228 of Revenue must ensure, based on information provided by an
1229 affected county, that any reduction in amounts distributed
1230 pursuant to subsection (1) does not reduce the amount of
1231 distribution to a county below the amount necessary for the
1232 timely payment of principal and interest when due on the bonds
1233 and the amount necessary to comply with any covenant under the
1234 bond resolution or other documents relating to the issuance of
1235 the bonds. If a reduction to a county’s monthly distribution
1236 must be decreased in order to comply with this section, the
1237 Department of Revenue must notify the Department of Juvenile
1238 Justice of the amount of the decrease, and the Department of
1239 Juvenile Justice must send a bill for payment of such amount to
1240 the affected county.
1241
1242 This section expires July 1, 2024.
1243 Section 31. In order to implement Specific Appropriations
1244 763 through 784, 932 through 1075, and 1096 through 1131 of the
1245 2023-2024 General Appropriations Act, and notwithstanding the
1246 expiration date in section 36 of chapter 2022-157, Laws of
1247 Florida, subsection (1), paragraph (a) of subsection (2),
1248 paragraph (a) of subsection (3), and subsections (5), (6), and
1249 (7) of section 27.40, Florida Statutes, are reenacted to read:
1250 27.40 Court-appointed counsel; circuit registries; minimum
1251 requirements; appointment by court.—
1252 (1) Counsel shall be appointed to represent any individual
1253 in a criminal or civil proceeding entitled to court-appointed
1254 counsel under the Federal or State Constitution or as authorized
1255 by general law. The court shall appoint a public defender to
1256 represent indigent persons as authorized in s. 27.51. The office
1257 of criminal conflict and civil regional counsel shall be
1258 appointed to represent persons in those cases in which provision
1259 is made for court-appointed counsel, but only after the public
1260 defender has certified to the court in writing that the public
1261 defender is unable to provide representation due to a conflict
1262 of interest or is not authorized to provide representation. The
1263 public defender shall report, in the aggregate, the specific
1264 basis of all conflicts of interest certified to the court. On a
1265 quarterly basis, the public defender shall submit this
1266 information to the Justice Administrative Commission.
1267 (2)(a) Private counsel shall be appointed to represent
1268 persons in those cases in which provision is made for court
1269 appointed counsel but only after the office of criminal conflict
1270 and civil regional counsel has been appointed and has certified
1271 to the court in writing that the criminal conflict and civil
1272 regional counsel is unable to provide representation due to a
1273 conflict of interest. The criminal conflict and civil regional
1274 counsel shall report, in the aggregate, the specific basis of
1275 all conflicts of interest certified to the court. On a quarterly
1276 basis, the criminal conflict and civil regional counsel shall
1277 submit this information to the Justice Administrative
1278 Commission.
1279 (3) In using a registry:
1280 (a) The chief judge of the circuit shall compile a list of
1281 attorneys in private practice, by county and by category of
1282 cases, and provide the list to the clerk of court in each
1283 county. The chief judge of the circuit may restrict the number
1284 of attorneys on the general registry list. To be included on a
1285 registry, an attorney must certify that he or she:
1286 1. Meets any minimum requirements established by the chief
1287 judge and by general law for court appointment;
1288 2. Is available to represent indigent defendants in cases
1289 requiring court appointment of private counsel; and
1290 3. Is willing to abide by the terms of the contract for
1291 services, s. 27.5304, and this section.
1292
1293 To be included on a registry, an attorney must enter into a
1294 contract for services with the Justice Administrative
1295 Commission. Failure to comply with the terms of the contract for
1296 services may result in termination of the contract and removal
1297 from the registry. Each attorney on the registry is responsible
1298 for notifying the clerk of the court and the Justice
1299 Administrative Commission of any change in his or her status.
1300 Failure to comply with this requirement is cause for termination
1301 of the contract for services and removal from the registry until
1302 the requirement is fulfilled.
1303 (5) The Justice Administrative Commission shall approve
1304 uniform contract forms for use in procuring the services of
1305 private court-appointed counsel and uniform procedures and forms
1306 for use by a court-appointed attorney in support of billing for
1307 attorney’s fees, costs, and related expenses to demonstrate the
1308 attorney’s completion of specified duties. Such uniform
1309 contracts and forms for use in billing must be consistent with
1310 s. 27.5304, s. 216.311, and the General Appropriations Act and
1311 must contain the following statement: “The State of Florida’s
1312 performance and obligation to pay under this contract is
1313 contingent upon an annual appropriation by the Legislature.”
1314 (6) After court appointment, the attorney must immediately
1315 file a notice of appearance with the court indicating acceptance
1316 of the appointment to represent the defendant and of the terms
1317 of the uniform contract as specified in subsection (5).
1318 (7)(a) A private attorney appointed by the court from the
1319 registry to represent a client is entitled to payment as
1320 provided in s. 27.5304 so long as the requirements of subsection
1321 (1) and paragraph (2)(a) are met. An attorney appointed by the
1322 court who is not on the registry list may be compensated under
1323 s. 27.5304 only if the court finds in the order of appointment
1324 that there were no registry attorneys available for
1325 representation for that case and only if the requirements of
1326 subsection (1) and paragraph (2)(a) are met.
1327 (b)1. The flat fee established in s. 27.5304 and the
1328 General Appropriations Act shall be presumed by the court to be
1329 sufficient compensation. The attorney shall maintain appropriate
1330 documentation, including contemporaneous and detailed hourly
1331 accounting of time spent representing the client. If the
1332 attorney fails to maintain such contemporaneous and detailed
1333 hourly records, the attorney waives the right to seek
1334 compensation in excess of the flat fee established in s. 27.5304
1335 and the General Appropriations Act. These records and documents
1336 are subject to review by the Justice Administrative Commission
1337 and audit by the Auditor General, subject to the attorney-client
1338 privilege and work-product privilege. The attorney shall
1339 maintain the records and documents in a manner that enables the
1340 attorney to redact any information subject to a privilege in
1341 order to facilitate the commission’s review of the records and
1342 documents and not to impede such review. The attorney may redact
1343 information from the records and documents only to the extent
1344 necessary to comply with the privilege. The Justice
1345 Administrative Commission shall review such records and shall
1346 contemporaneously document such review before authorizing
1347 payment to an attorney. Objections by or on behalf of the
1348 Justice Administrative Commission to records or documents or to
1349 claims for payment by the attorney shall be presumed correct by
1350 the court unless the court determines, in writing, that
1351 competent and substantial evidence exists to justify overcoming
1352 the presumption.
1353 2. If an attorney fails, refuses, or declines to permit the
1354 commission or the Auditor General to review documentation for a
1355 case as provided in this paragraph, the attorney waives the
1356 right to seek, and the commission may not pay, compensation in
1357 excess of the flat fee established in s. 27.5304 and the General
1358 Appropriations Act for that case.
1359 3. A finding by the commission that an attorney has waived
1360 the right to seek compensation in excess of the flat fee
1361 established in s. 27.5304 and the General Appropriations Act, as
1362 provided in this paragraph, shall be presumed to be correct,
1363 unless the court determines, in writing, that competent and
1364 substantial evidence exists to justify overcoming the
1365 presumption.
1366 Section 32. The text of s. 27.40(1), (2)(a), (3)(a), (5),
1367 (6), and (7), Florida Statutes, as carried forward from chapter
1368 2019-116, Laws of Florida, by this act, expires July 1, 2024,
1369 and the text of those subsections and paragraphs, as applicable,
1370 shall revert to that in existence on June 30, 2019, except that
1371 any amendments to such text enacted other than by this act shall
1372 be preserved and continue to operate to the extent that such
1373 amendments are not dependent upon the portions of text which
1374 expire pursuant to this section.
1375 Section 33. In order to implement Specific Appropriations
1376 763 through 784, 932 through 1075, and 1096 through 1131 of the
1377 2023-2024 General Appropriations Act, and notwithstanding the
1378 expiration date in section 38 of chapter 2022-157, Laws of
1379 Florida, subsections (6) and (13) of section 27.5304, Florida
1380 Statutes, are reenacted and amended, and subsections (1), (3),
1381 (7), and (11), and paragraphs (a) through (e) of subsection (12)
1382 of that section are reenacted, to read:
1383 27.5304 Private court-appointed counsel; compensation;
1384 notice.—
1385 (1) Private court-appointed counsel appointed in the manner
1386 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1387 Justice Administrative Commission only as provided in this
1388 section and the General Appropriations Act. The flat fees
1389 prescribed in this section are limitations on compensation. The
1390 specific flat fee amounts for compensation shall be established
1391 annually in the General Appropriations Act. The attorney also
1392 shall be reimbursed for reasonable and necessary expenses in
1393 accordance with s. 29.007. If the attorney is representing a
1394 defendant charged with more than one offense in the same case,
1395 the attorney shall be compensated at the rate provided for the
1396 most serious offense for which he or she represented the
1397 defendant. This section does not allow stacking of the fee
1398 limits established by this section.
1399 (3) The court retains primary authority and responsibility
1400 for determining the reasonableness of all billings for attorney
1401 fees, costs, and related expenses, subject to statutory
1402 limitations and the requirements of s. 27.40(7). Private court
1403 appointed counsel is entitled to compensation upon final
1404 disposition of a case.
1405 (6) For compensation for representation pursuant to a court
1406 appointment in a proceeding under chapter 39:
1407 (a) At the trial level, compensation for representation for
1408 dependency proceedings shall not exceed $1,450 $1,000 for the
1409 first year following the date of appointment and shall not
1410 exceed $700 $200 each year thereafter. Compensation shall be
1411 paid based upon representation of a parent irrespective of the
1412 number of case numbers that may be assigned or the number of
1413 children involved, including any children born during the
1414 pendency of the proceeding. Any appeal, except for an appeal
1415 from an adjudication of dependency, shall be completed by the
1416 trial attorney and is considered compensated by the flat fee for
1417 dependency proceedings.
1418 1. Counsel may bill the flat fee not exceeding $1,450
1419 $1,000 following disposition or upon dismissal of the petition.
1420 2. Counsel may bill the annual flat fee not exceeding $700
1421 $200 following the first judicial review in the second year
1422 following the date of appointment and each year thereafter as
1423 long as the case remains under protective supervision.
1424 3. If the court grants a motion to reactivate protective
1425 supervision, the attorney shall receive the annual flat fee not
1426 exceeding $700 $200 following the first judicial review and up
1427 to an additional $700 $200 each year thereafter.
1428 4. If, during the course of dependency proceedings, a
1429 proceeding to terminate parental rights is initiated,
1430 compensation shall be as set forth in paragraph (b). If counsel
1431 handling the dependency proceeding is not authorized to handle
1432 proceedings to terminate parental rights, the counsel must
1433 withdraw and new counsel must be appointed.
1434 (b) At the trial level, compensation for representation in
1435 termination of parental rights proceedings shall not exceed
1436 $1,800 $1,000 for the first year following the date of
1437 appointment and shall not exceed $700 $200 each year thereafter.
1438 Compensation shall be paid based upon representation of a parent
1439 irrespective of the number of case numbers that may be assigned
1440 or the number of children involved, including any children born
1441 during the pendency of the proceeding. Any appeal, except for an
1442 appeal from an order granting or denying termination of parental
1443 rights, shall be completed by trial counsel and is considered
1444 compensated by the flat fee for termination of parental rights
1445 proceedings. If the individual has dependency proceedings
1446 ongoing as to other children, those proceedings are considered
1447 part of the termination of parental rights proceedings as long
1448 as that termination of parental rights proceeding is ongoing.
1449 1. Counsel may bill the flat fee not exceeding $1,800
1450 $1,000 30 days after rendition of the final order. Each request
1451 for payment submitted to the Justice Administrative Commission
1452 must include the trial counsel’s certification that:
1453 a. Counsel discussed grounds for appeal with the parent or
1454 that counsel attempted and was unable to contact the parent; and
1455 b. No appeal will be filed or that a notice of appeal and a
1456 motion for appointment of appellate counsel, containing the
1457 signature of the parent, have been filed.
1458 2. Counsel may bill the annual flat fee not exceeding $700
1459 $200 following the first judicial review in the second year
1460 after the date of appointment and each year thereafter as long
1461 as the termination of parental rights proceedings are still
1462 ongoing.
1463 (c) For appeals from an adjudication of dependency,
1464 compensation may not exceed $1,800 $1,000.
1465 1. Counsel may bill a flat fee not exceeding $1,200 $750
1466 upon filing the initial brief or the granting of a motion to
1467 withdraw.
1468 2. If a brief is filed, counsel may bill an additional flat
1469 fee not exceeding $600 $250 upon rendition of the mandate.
1470 (d) For an appeal from an adjudication of termination of
1471 parental rights, compensation may not exceed $3,500 $2,000.
1472 1. Counsel may bill a flat fee not exceeding $1,750 $1,000
1473 upon filing the initial brief or the granting of a motion to
1474 withdraw.
1475 2. If a brief is filed, counsel may bill an additional flat
1476 fee not exceeding $1,750 $1,000 upon rendition of the mandate.
1477 (7) Counsel eligible to receive compensation from the state
1478 for representation pursuant to court appointment made in
1479 accordance with the requirements of s. 27.40(1) and (2)(a) in a
1480 proceeding under chapter 384, chapter 390, chapter 392, chapter
1481 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
1482 744, or chapter 984 shall receive compensation not to exceed the
1483 limits prescribed in the General Appropriations Act. Any such
1484 compensation must be determined as provided in s. 27.40(7).
1485 (11) It is the intent of the Legislature that the flat fees
1486 prescribed under this section and the General Appropriations Act
1487 comprise the full and complete compensation for private court
1488 appointed counsel. It is further the intent of the Legislature
1489 that the fees in this section are prescribed for the purpose of
1490 providing counsel with notice of the limit on the amount of
1491 compensation for representation in particular proceedings and
1492 the sole procedure and requirements for obtaining payment for
1493 the same.
1494 (a) If court-appointed counsel moves to withdraw prior to
1495 the full performance of his or her duties through the completion
1496 of the case, the court shall presume that the attorney is not
1497 entitled to the payment of the full flat fee established under
1498 this section and the General Appropriations Act.
1499 (b) If court-appointed counsel is allowed to withdraw from
1500 representation prior to the full performance of his or her
1501 duties through the completion of the case and the court appoints
1502 a subsequent attorney, the total compensation for the initial
1503 and any and all subsequent attorneys may not exceed the flat fee
1504 established under this section and the General Appropriations
1505 Act, except as provided in subsection (12).
1506
1507 This subsection constitutes notice to any subsequently appointed
1508 attorney that he or she will not be compensated the full flat
1509 fee.
1510 (12) The Legislature recognizes that on rare occasions an
1511 attorney may receive a case that requires extraordinary and
1512 unusual effort.
1513 (a) If counsel seeks compensation that exceeds the limits
1514 prescribed by law, he or she must file a motion with the chief
1515 judge for an order approving payment of attorney fees in excess
1516 of these limits.
1517 1. Before filing the motion, the counsel shall deliver a
1518 copy of the intended billing, together with supporting
1519 affidavits and all other necessary documentation, to the Justice
1520 Administrative Commission.
1521 2. The Justice Administrative Commission shall review the
1522 billings, affidavit, and documentation for completeness and
1523 compliance with contractual and statutory requirements and shall
1524 contemporaneously document such review before authorizing
1525 payment to an attorney. If the Justice Administrative Commission
1526 objects to any portion of the proposed billing, the objection
1527 and supporting reasons must be communicated in writing to the
1528 private court-appointed counsel. The counsel may thereafter file
1529 his or her motion, which must specify whether the commission
1530 objects to any portion of the billing or the sufficiency of
1531 documentation, and shall attach the commission’s letter stating
1532 its objection.
1533 (b) Following receipt of the motion to exceed the fee
1534 limits, the chief judge or a single designee shall hold an
1535 evidentiary hearing. The chief judge may select only one judge
1536 per circuit to hear and determine motions pursuant to this
1537 subsection, except multicounty circuits and the eleventh circuit
1538 may have up to two designees.
1539 1. At the hearing, the attorney seeking compensation must
1540 prove by competent and substantial evidence that the case
1541 required extraordinary and unusual efforts. The chief judge or
1542 single designee shall consider criteria such as the number of
1543 witnesses, the complexity of the factual and legal issues, and
1544 the length of trial. The fact that a trial was conducted in a
1545 case does not, by itself, constitute competent substantial
1546 evidence of an extraordinary and unusual effort. In a criminal
1547 case, relief under this section may not be granted if the number
1548 of work hours does not exceed 75 or the number of the state’s
1549 witnesses deposed does not exceed 20.
1550 2. Objections by or on behalf of the Justice Administrative
1551 Commission to records or documents or to claims for payment by
1552 the attorney shall be presumed correct by the court unless the
1553 court determines, in writing, that competent and substantial
1554 evidence exists to justify overcoming the presumption. The chief
1555 judge or single designee shall enter a written order detailing
1556 his or her findings and identifying the extraordinary nature of
1557 the time and efforts of the attorney in the case which warrant
1558 exceeding the flat fee established by this section and the
1559 General Appropriations Act.
1560 (c) A copy of the motion and attachments shall be served on
1561 the Justice Administrative Commission at least 20 business days
1562 before the date of a hearing. The Justice Administrative
1563 Commission has standing to appear before the court, and may
1564 appear in person or telephonically, including at the hearing
1565 under paragraph (b), to contest any motion for an order
1566 approving payment of attorney fees, costs, or related expenses
1567 and may participate in a hearing on the motion by use of
1568 telephonic or other communication equipment. The Justice
1569 Administrative Commission may contract with other public or
1570 private entities or individuals to appear before the court for
1571 the purpose of contesting any motion for an order approving
1572 payment of attorney fees, costs, or related expenses. The fact
1573 that the Justice Administrative Commission has not objected to
1574 any portion of the billing or to the sufficiency of the
1575 documentation is not binding on the court.
1576 (d) If the chief judge or a single designee finds that
1577 counsel has proved by competent and substantial evidence that
1578 the case required extraordinary and unusual efforts, the chief
1579 judge or single designee shall order the compensation to be paid
1580 to the attorney at a percentage above the flat fee rate,
1581 depending on the extent of the unusual and extraordinary effort
1582 required. The percentage must be only the rate necessary to
1583 ensure that the fees paid are not confiscatory under common law.
1584 The percentage may not exceed 200 percent of the established
1585 flat fee, absent a specific finding that 200 percent of the flat
1586 fee in the case would be confiscatory. If the chief judge or
1587 single designee determines that 200 percent of the flat fee
1588 would be confiscatory, he or she shall order the amount of
1589 compensation using an hourly rate not to exceed $75 per hour for
1590 a noncapital case and $100 per hour for a capital case. However,
1591 the compensation calculated by using the hourly rate shall be
1592 only that amount necessary to ensure that the total fees paid
1593 are not confiscatory, subject to the requirements of s.
1594 27.40(7).
1595 (e) Any order granting relief under this subsection must be
1596 attached to the final request for a payment submitted to the
1597 Justice Administrative Commission and must satisfy the
1598 requirements of subparagraph (b)2.
1599 (13) Notwithstanding the limitation set forth in subsection
1600 (5) and for the 2023-2024 2022-2023 fiscal year only, the
1601 compensation for representation in a criminal proceeding may not
1602 exceed the following:
1603 (a) For misdemeanors and juveniles represented at the trial
1604 level: $1,000.
1605 (b) For noncapital, nonlife felonies represented at the
1606 trial level: $15,000.
1607 (c) For life felonies represented at the trial level:
1608 $15,000.
1609 (d) For capital cases represented at the trial level:
1610 $25,000. For purposes of this paragraph, a “capital case” is any
1611 offense for which the potential sentence is death and the state
1612 has not waived seeking the death penalty.
1613 (e) For representation on appeal: $9,000.
1614 (f) This subsection expires July 1, 2024 2023.
1615 Section 34. The amendments made to s. 27.5304(6), Florida
1616 Statutes, by this act, and the text of s. 27.5304(1), (3), (7),
1617 (11), and (12)(a)-(e), Florida Statutes, as carried forward from
1618 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1619 2024, and the text of those subsections and paragraphs, as
1620 applicable, shall revert to that in existence on June 30, 2019,
1621 except that any amendments to such text enacted other than by
1622 this act shall be preserved and continue to operate to the
1623 extent that such amendments are not dependent upon the portions
1624 of text which expire pursuant to this section.
1625 Section 35. In order to implement appropriations used to
1626 pay existing lease contracts for private lease space in excess
1627 of 2,000 square feet in the 2023-2024 General Appropriations
1628 Act, the Department of Management Services, with the cooperation
1629 of the agencies having the existing lease contracts for office
1630 or storage space, shall use tenant broker services to
1631 renegotiate or reprocure all private lease agreements for office
1632 or storage space expiring between July 1, 2024, and June 30,
1633 2026, in order to reduce costs in future years. The department
1634 shall incorporate this initiative into its 2023 master leasing
1635 report required under s. 255.249(7), Florida Statutes, and may
1636 use tenant broker services to explore the possibilities of
1637 collocating office or storage space, to review the space needs
1638 of each agency, and to review the length and terms of potential
1639 renewals or renegotiations. The department shall provide a
1640 report to the Executive Office of the Governor, the President of
1641 the Senate, and the Speaker of the House of Representatives by
1642 November 1, 2023, which lists each lease contract for private
1643 office or storage space, the status of renegotiations, and the
1644 savings achieved. This section expires July 1, 2024.
1645 Section 36. In order to implement appropriations authorized
1646 in the 2023-2024 General Appropriations Act for data center
1647 services, and notwithstanding s. 216.292(2)(a), Florida
1648 Statutes, an agency may not transfer funds from a data
1649 processing category to a category other than another data
1650 processing category. This section expires July 1, 2024.
1651 Section 37. In order to implement the appropriation of
1652 funds in the appropriation category “Special Categories-Risk
1653 Management Insurance” in the 2023-2024 General Appropriations
1654 Act, and pursuant to the notice, review, and objection
1655 procedures of s. 216.177, Florida Statutes, the Executive Office
1656 of the Governor may transfer funds appropriated in that category
1657 between departments in order to align the budget authority
1658 granted with the premiums paid by each department for risk
1659 management insurance. This section expires July 1, 2024.
1660 Section 38. In order to implement the appropriation of
1661 funds in the appropriation category “Special Categories-Transfer
1662 to Department of Management Services-Human Resources Services
1663 Purchased per Statewide Contract” in the 2023-2024 General
1664 Appropriations Act, and pursuant to the notice, review, and
1665 objection procedures of s. 216.177, Florida Statutes, the
1666 Executive Office of the Governor may transfer funds appropriated
1667 in that category between departments in order to align the
1668 budget authority granted with the assessments that must be paid
1669 by each agency to the Department of Management Services for
1670 human resource management services. This section expires July 1,
1671 2024.
1672 Section 39. In order to implement Specific Appropriation
1673 2871 in the 2023-2024 General Appropriations Act in the Building
1674 Relocation appropriation category from the Architects Incidental
1675 Trust Fund of the Department of Management Services, and in
1676 accordance with s. 215.196, Florida Statutes:
1677 (1) Upon the final disposition of a state-owned building,
1678 the Department of Management Services may use up to 5 percent of
1679 facility disposition funds from the Architects Incidental Trust
1680 Fund to defer, offset, or otherwise pay for all or a portion of
1681 relocation expenses including furniture, fixtures, and equipment
1682 for state agencies impacted by the disposition of the
1683 department’s managed facilities in the Florida Facilities Pool.
1684 The extent of the financial assistance provided to impacted
1685 state agencies shall be determined by the department.
1686 (2) The Department of Management Services may submit budget
1687 amendments for an increase in appropriation if necessary for the
1688 implementation of this section pursuant to the provisions of
1689 chapter 216, Florida Statutes. Budget amendments for an increase
1690 in appropriation shall include a detailed plan providing all
1691 estimated costs and relocation proposals.
1692 (3) This section expires July 1, 2024.
1693 Section 40. In order to implement Specific Appropriation
1694 2845 of the 2023-2024 General Appropriations Act from the
1695 Architects Incidental Trust Fund of the Department of Management
1696 Services, notwithstanding s. 253.025(4), Florida Statutes, and
1697 in accordance with s. 215.196, Florida Statutes, the Department
1698 of Management Services may acquire additional state-owned office
1699 buildings as defined in s. 255.248, Florida Statutes, or
1700 property for inclusion in the Florida Facilities Pool as created
1701 in s. 255.505, Florida Statutes. This section expires July 1,
1702 2024.
1703 Section 41. In order to implement Specific Appropriations
1704 2449 through 2452 of the 2023-2024 General Appropriations Act:
1705 (1) The Department of Financial Services shall replace the
1706 four main components of the Florida Accounting Information
1707 Resource Subsystem (FLAIR), which include central FLAIR,
1708 departmental FLAIR, payroll, and information warehouse, and
1709 shall replace the cash management and accounting management
1710 components of the Cash Management Subsystem (CMS) with an
1711 integrated enterprise system that allows the state to organize,
1712 define, and standardize its financial management business
1713 processes and that complies with ss. 215.90-215.96, Florida
1714 Statutes. The department may not include in the replacement of
1715 FLAIR and CMS:
1716 (a) Functionality that duplicates any of the other
1717 information subsystems of the Florida Financial Management
1718 Information System; or
1719 (b) Agency business processes related to any of the
1720 functions included in the Personnel Information System, the
1721 Purchasing Subsystem, or the Legislative Appropriations
1722 System/Planning and Budgeting Subsystem.
1723 (2) For purposes of replacing FLAIR and CMS, the Department
1724 of Financial Services shall:
1725 (a) Take into consideration the cost and implementation
1726 data identified for Option 3 as recommended in the March 31,
1727 2014, Florida Department of Financial Services FLAIR Study,
1728 version 031.
1729 (b) Ensure that all business requirements and technical
1730 specifications have been provided to all state agencies for
1731 their review and input and approved by the executive steering
1732 committee established in paragraph (c), including any updates to
1733 these documents.
1734 (c) Implement a project governance structure that includes
1735 an executive steering committee composed of:
1736 1. The Chief Financial Officer or the executive sponsor of
1737 the project.
1738 2. A representative of the Division of Treasury of the
1739 Department of Financial Services, appointed by the Chief
1740 Financial Officer.
1741 3. The Chief Information Officers of the Department of
1742 Financial Services and the Department of Environmental
1743 Protection.
1744 4. Two employees from the Division of Accounting and
1745 Auditing of the Department of Financial Services, appointed by
1746 the Chief Financial Officer. Each employee must have experience
1747 relating to at least one of the four main components that
1748 compose FLAIR.
1749 5. Two employees from the Executive Office of the Governor,
1750 appointed by the Governor. One employee must have experience
1751 relating to the Legislative Appropriations System/Planning and
1752 Budgeting Subsystem.
1753 6. One employee from the Department of Revenue, appointed
1754 by the executive director, who has experience using or
1755 maintaining the department’s finance and accounting systems.
1756 7. Two employees from the Department of Management
1757 Services, appointed by the Secretary of Management Services. One
1758 employee must have experience relating to the department’s
1759 personnel information subsystem and one employee must have
1760 experience relating to the department’s purchasing subsystem.
1761 8. A state agency administrative services director,
1762 appointed by the Governor.
1763 9. The executive sponsor of the Florida Health Care
1764 Connection (FX) System or his or her designee, appointed by the
1765 Secretary of Health Care Administration.
1766 10. The state chief information officer, or his or her
1767 designee, as a nonvoting member. The state chief information
1768 officer, or his or her designee, shall provide monthly status
1769 reports to the executive steering committee pursuant to the
1770 oversight responsibilities in s. 282.0051, Florida Statutes.
1771 11. One employee from the Department of Business and
1772 Professional Regulation who has experience in finance and
1773 accounting and FLAIR, appointed by the Secretary of Business and
1774 Professional Regulation.
1775 12. One employee from the Florida Fish and Wildlife
1776 Conservation Commission who has experience using or maintaining
1777 the commission’s finance and accounting systems, appointed by
1778 the chair of the Florida Fish and Wildlife Conservation
1779 Commission.
1780 13. The budget director of the Department of Education, or
1781 his or her designee.
1782 (3)(a) The Chief Financial Officer or the executive sponsor
1783 of the project shall serve as chair of the executive steering
1784 committee, and the committee shall take action by a vote of at
1785 least eight affirmative votes with the Chief Financial Officer
1786 or the executive sponsor of the project voting on the prevailing
1787 side. A quorum of the executive steering committee consists of
1788 at least 10 members.
1789 (b) No later than 14 days before a meeting of the executive
1790 steering committee, the chair shall request input from committee
1791 members on agenda items for the next scheduled meeting.
1792 (c) The chair shall establish a working group consisting of
1793 FLAIR users, state agency technical staff who maintain
1794 applications that integrate with FLAIR, and no less than four
1795 state agency finance and accounting or budget directors. The
1796 working group shall meet at least monthly to review PALM
1797 functionality, assess project impacts to state financial
1798 business processes and agency staff, and develop recommendations
1799 to the executive steering committee for improvements. The chair
1800 shall request input from the working group on agenda items for
1801 each scheduled meeting. The PALM project team shall dedicate a
1802 staff member to the group and provide system demonstrations and
1803 any project documentation, as needed, for the group to fulfill
1804 its duties.
1805 (d) The chair shall request all agency project sponsors to
1806 provide bimonthly status reports to the executive steering
1807 committee. The form and format of the bimonthly status reports
1808 shall be developed by the Florida PALM project and provided to
1809 the executive steering committee meeting for approval. Such
1810 agency status reports shall provide information to the executive
1811 steering committee on the activities and ongoing work within the
1812 agency to prepare their systems and impacted employees for the
1813 deployment of the Florida PALM System. The first bimonthly
1814 status report is due September 1, 2023, and bimonthly
1815 thereafter.
1816 (4) The executive steering committee has the overall
1817 responsibility for ensuring that the project to replace FLAIR
1818 and CMS meets its primary business objectives and shall:
1819 (a) Identify and recommend to the Executive Office of the
1820 Governor, the President of the Senate, and the Speaker of the
1821 House of Representatives any statutory changes needed to
1822 implement the replacement subsystem that will standardize, to
1823 the fullest extent possible, the state’s financial management
1824 business processes.
1825 (b) Review and approve any changes to the project’s scope,
1826 schedule, and budget which do not conflict with the requirements
1827 of subsection (1).
1828 (c) Ensure that adequate resources are provided throughout
1829 all phases of the project.
1830 (d) Approve all major project deliverables and any cost
1831 changes to each deliverable over $250,000.
1832 (e) Approve contract amendments and changes to all
1833 contract-related documents associated with the replacement of
1834 FLAIR and CMS.
1835 (f) Review, and approve as warranted, the format of the
1836 bimonthly agency status reports to include meaningful
1837 information on each agency’s progress in planning for the
1838 Florida PALM Major Implementation, covering the agency’s people,
1839 processes, technology, and data transformation activities.
1840 (g) Ensure compliance with ss. 216.181(16), 216.311,
1841 216.313, 282.318(4)(h), and 287.058, Florida Statutes.
1842 (5) This section expires July 1, 2024.
1843 Section 42. In order to implement Specific Appropriation
1844 2995 of the 2023-2024 General Appropriations Act, and
1845 notwithstanding the expiration date in section 54 of chapter
1846 2022-157, Laws of Florida, subsection (3) of section 282.709,
1847 Florida Statutes, is reenacted to read:
1848 282.709 State agency law enforcement radio system and
1849 interoperability network.—
1850 (3) In recognition of the critical nature of the statewide
1851 law enforcement radio communications system, the Legislature
1852 finds that there is an immediate danger to the public health,
1853 safety, and welfare, and that it is in the best interest of the
1854 state to continue partnering with the system’s current operator.
1855 The Legislature finds that continuity of coverage is critical to
1856 supporting law enforcement, first responders, and other public
1857 safety users. The potential for a loss in coverage or a lack of
1858 interoperability between users requires emergency action and is
1859 a serious concern for officers’ safety and their ability to
1860 communicate and respond to various disasters and events.
1861 (a) The department, pursuant to s. 287.057(10), shall enter
1862 into a 15-year contract with the entity that was operating the
1863 statewide radio communications system on January 1, 2021. The
1864 contract must include:
1865 1. The purchase of radios;
1866 2. The upgrade to the Project 25 communications standard;
1867 3. Increased system capacity and enhanced coverage for
1868 system users;
1869 4. Operations, maintenance, and support at a fixed annual
1870 rate;
1871 5. The conveyance of communications towers to the
1872 department; and
1873 6. The assignment of communications tower leases to the
1874 department.
1875 (b) The State Agency Law Enforcement Radio System Trust
1876 Fund is established in the department and funded from surcharges
1877 collected under ss. 318.18, 320.0802, and 328.72. Upon
1878 appropriation, moneys in the trust fund may be used by the
1879 department to acquire the equipment, software, and engineering,
1880 administrative, and maintenance services it needs to construct,
1881 operate, and maintain the statewide radio system. Moneys in the
1882 trust fund from surcharges shall be used to help fund the costs
1883 of the system. Upon completion of the system, moneys in the
1884 trust fund may also be used by the department for payment of the
1885 recurring maintenance costs of the system.
1886 Section 43. The text of s. 282.709(3), Florida Statutes, as
1887 carried forward from chapter 2021-37, Laws of Florida, by this
1888 act, expires July 1, 2024, and the text of that subsection shall
1889 revert to that in existence on June 1, 2021, except that any
1890 amendments to such text enacted other than by this act shall be
1891 preserved and continue to operate to the extent that such
1892 amendments are not dependent upon the portions of text which
1893 expire pursuant to this section.
1894 Section 44. In order to implement appropriations relating
1895 to the purchase of equipment and services related to the
1896 Statewide Law Enforcement Radio System (SLERS) as authorized in
1897 the 2023-2024 General Appropriations Act, and notwithstanding s.
1898 287.057, Florida Statutes, state agencies and other eligible
1899 users of the SLERS network may use the Department of Management
1900 Services SLERS contract for purchase of equipment and services.
1901 This section expires July 1, 2024.
1902 Section 45. In order to implement Specific Appropriations
1903 2889 through 2900 of the 2023-2024 General Appropriations Act,
1904 and notwithstanding rule 60A-1.031, Florida Administrative Code,
1905 the transaction fee as identified in s. 287.057(24)(c), Florida
1906 Statutes, shall be collected for use of the online procurement
1907 system and is 0.7 percent for the 2023-2024 fiscal year only.
1908 This section expires July 1, 2024.
1909 Section 46. In order to implement Specific Appropriations
1910 2800 through 2824 of the 2023-2024 General Appropriations Act,
1911 and upon the expiration and reversion of the amendments made by
1912 section 57 of chapter 2022-157, Laws of Florida, paragraph (i)
1913 of subsection (9) of section 24.105, Florida Statutes, is
1914 amended to read:
1915 24.105 Powers and duties of department.—The department
1916 shall:
1917 (9) Adopt rules governing the establishment and operation
1918 of the state lottery, including:
1919 (i) The manner and amount of compensation of retailers,
1920 except for the 2023-2024 fiscal year only, effective July 1,
1921 2023, the commission for lottery ticket sales shall be 6 percent
1922 of the purchase price of each ticket sold or issued as a prize
1923 by a retailer. Any additional retailer compensation is limited
1924 to the Florida Lottery Retailer Bonus Commission program
1925 appropriated in Specific Appropriation 2820 of the 2023-2024
1926 General Appropriations Act.
1927 Section 47. The amendment to s. 24.105(9)(i), Florida
1928 Statutes, made by this act expires July 1, 2024, and the text of
1929 that paragraph shall revert to that in existence on June 30,
1930 2022, except that any amendments to such text enacted other than
1931 by this act shall be preserved and continue to operate to the
1932 extent that such amendments are not dependent upon the portions
1933 of text which expire pursuant to this section.
1934 Section 48. Effective upon this act becoming a law, and in
1935 order to implement Specific Appropriations 2441 through 2448 of
1936 the 2023-2024 General Appropriations Act, subsection (3) is
1937 added to section 717.123, Florida Statutes, to read:
1938 717.123 Deposit of funds.—
1939 (3) Notwithstanding subsection (1), and for the 2022-2023
1940 fiscal year, the department shall retain, from funds received
1941 under this chapter, an amount not exceeding $65 million from
1942 which the department shall make prompt payment of claims allowed
1943 by the department and shall pay the costs incurred by the
1944 department in administering and enforcing this chapter. This
1945 subsection expires July 1, 2024.
1946 Section 49. In order to implement Specific Appropriations
1947 3033 through 3041 of the 2023-2024 General Appropriations Act,
1948 paragraph (ll) is added to subsection (6) of section 627.351,
1949 Florida Statutes, to read:
1950 627.351 Insurance risk apportionment plans.—
1951 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
1952 (ll)1. In addition to any other method of alternative
1953 dispute resolution authorized by Florida law, the corporation
1954 may adopt policy forms which provide for the resolution of
1955 disputes regarding its claim determinations, including disputes
1956 regarding coverage for, or the scope and value of, a claim, in a
1957 proceeding before the Division of Administrative Hearings. Any
1958 such policy forms are not subject to s. 627.70154.
1959 2. The corporation may contract with the division to
1960 conduct proceedings to resolve disputes regarding its claim
1961 determinations as may be provided for in the applicable policies
1962 of insurance.
1963 3. This paragraph expires July 1, 2024.
1964 Section 50. Effective upon this act becoming a law, and in
1965 order to implement section 123 of the 2023-2024 General
1966 Appropriations Act, paragraph (f) is added to subsection (7) of
1967 section 934.50, Florida Statutes, to read:
1968 934.50 Searches and seizure using a drone.—
1969 (7) SECURITY STANDARDS FOR GOVERNMENTAL AGENCY DRONE USE.—
1970 (f) Notwithstanding this subsection:
1971 1. Subject to appropriation, the drone replacement grant
1972 program is created within the Department of Law Enforcement. The
1973 program shall provide funds to law enforcement agencies that
1974 turn in drones that are not in compliance with this section. To
1975 be eligible, the drone must have not reached its end of life and
1976 must still be in working condition. Funds shall be provided per
1977 drone based upon the drone’s current value. Grant funds may only
1978 be used to purchase drones that are in compliance with this
1979 section. The Department of Law Enforcement shall expeditiously
1980 develop an application process and funds shall be allocated on a
1981 first-come, first-served basis, determined by the date the
1982 department receives the application. The department may adopt
1983 rules to implement this program. For the purposes of this
1984 paragraph, the term “law enforcement agency” has the same
1985 meaning as in s. 934.50.
1986 2. The Department of Law Enforcement shall provide drones
1987 received through the drone grant replacement program to the
1988 Florida Center for Cybersecurity within the University of South
1989 Florida. The Florida Center for Cybersecurity shall analyze
1990 whether the drones present cybersecurity concerns and shall
1991 provide its findings or recommendations to the Department of
1992 Management Services regarding the drones’ safety or security.
1993 3. The Department of Law Enforcement is authorized, and all
1994 conditions are deemed met, to adopt emergency rules under s.
1995 120.54(4) for the purpose of implementing the drone replacement
1996 grant program. Notwithstanding any other law, emergency rules
1997 adopted under this section are effective for 12 months after
1998 adoption and may be renewed during the pendency of procedures to
1999 adopt permanent rules addressing the subject of the emergency
2000 rules.
2001
2002 This paragraph expires July 1, 2024.
2003 Section 51. Effective upon this act becoming a law, and in
2004 order to implement Specific Appropriations 3109 through 3140 of
2005 the 2023-2024 General Appropriations Act, paragraph (g) of
2006 subsection (13) of section 120.80, Florida Statutes, is amended
2007 to read:
2008 120.80 Exceptions and special requirements; agencies.—
2009 (13) FLORIDA PUBLIC SERVICE COMMISSION.—
2010 (g)1. Rules adopted by the Florida Public Service
2011 Commission to implement ss. 366.04(8) and (9) and 366.97 are not
2012 subject to s. 120.541.
2013 2. For the 2023-2024 fiscal year, rules adopted by the
2014 Florida Public Service Commission to implement ss. 350.113,
2015 364.336, 366.14, 367.145, and 368.109 are not subject to s.
2016 120.541. This subparagraph expires July 1, 2024.
2017 Section 52. In order to implement specific appropriations
2018 from the land acquisition trust funds within the Department of
2019 Agriculture and Consumer Services, the Department of
2020 Environmental Protection, the Department of State, and the Fish
2021 and Wildlife Conservation Commission, which are contained in the
2022 2023-2024 General Appropriations Act, subsection (3) of section
2023 215.18, Florida Statutes, is amended to read:
2024 215.18 Transfers between funds; limitation.—
2025 (3) Notwithstanding subsection (1) and only with respect to
2026 a land acquisition trust fund in the Department of Agriculture
2027 and Consumer Services, the Department of Environmental
2028 Protection, the Department of State, or the Fish and Wildlife
2029 Conservation Commission, whenever there is a deficiency in a
2030 land acquisition trust fund which would render that trust fund
2031 temporarily insufficient to meet its just requirements,
2032 including the timely payment of appropriations from that trust
2033 fund, and other trust funds in the State Treasury have moneys
2034 that are for the time being or otherwise in excess of the
2035 amounts necessary to meet the just requirements, including
2036 appropriated obligations, of those other trust funds, the
2037 Governor may order a temporary transfer of moneys from one or
2038 more of the other trust funds to a land acquisition trust fund
2039 in the Department of Agriculture and Consumer Services, the
2040 Department of Environmental Protection, the Department of State,
2041 or the Fish and Wildlife Conservation Commission. Any action
2042 proposed pursuant to this subsection is subject to the notice,
2043 review, and objection procedures of s. 216.177, and the Governor
2044 shall provide notice of such action at least 7 days before the
2045 effective date of the transfer of trust funds, except that
2046 during July 2023 2022, notice of such action shall be provided
2047 at least 3 days before the effective date of a transfer unless
2048 such 3-day notice is waived by the chair and vice chair of the
2049 Legislative Budget Commission. Any transfer of trust funds to a
2050 land acquisition trust fund in the Department of Agriculture and
2051 Consumer Services, the Department of Environmental Protection,
2052 the Department of State, or the Fish and Wildlife Conservation
2053 Commission must be repaid to the trust funds from which the
2054 moneys were loaned by the end of the 2023-2024 2022-2023 fiscal
2055 year. The Legislature has determined that the repayment of the
2056 other trust fund moneys temporarily loaned to a land acquisition
2057 trust fund in the Department of Agriculture and Consumer
2058 Services, the Department of Environmental Protection, the
2059 Department of State, or the Fish and Wildlife Conservation
2060 Commission pursuant to this subsection is an allowable use of
2061 the moneys in a land acquisition trust fund because the moneys
2062 from other trust funds temporarily loaned to a land acquisition
2063 trust fund shall be expended solely and exclusively in
2064 accordance with s. 28, Art. X of the State Constitution. This
2065 subsection expires July 1, 2024 2023.
2066 Section 53. (1) In order to implement specific
2067 appropriations from the land acquisition trust funds within the
2068 Department of Agriculture and Consumer Services, the Department
2069 of Environmental Protection, the Department of State, and the
2070 Fish and Wildlife Conservation Commission which are contained in
2071 the 2023-2024 General Appropriations Act, the Department of
2072 Environmental Protection shall transfer revenues from the Land
2073 Acquisition Trust Fund within the department to the land
2074 acquisition trust funds within the Department of Agriculture and
2075 Consumer Services, the Department of State, and the Fish and
2076 Wildlife Conservation Commission as provided in this section. As
2077 used in this section, the term “department” means the Department
2078 of Environmental Protection.
2079 (2) After subtracting any required debt service payments,
2080 the proportionate share of revenues to be transferred to each
2081 land acquisition trust fund shall be calculated by dividing the
2082 appropriations from each of the land acquisition trust funds for
2083 the fiscal year by the total appropriations from the Land
2084 Acquisition Trust Fund within the department and the land
2085 acquisition trust funds within the Department of Agriculture and
2086 Consumer Services, the Department of State, and the Fish and
2087 Wildlife Conservation Commission for the fiscal year. The
2088 department shall transfer the proportionate share of the
2089 revenues in the Land Acquisition Trust Fund within the
2090 department on a monthly basis to the appropriate land
2091 acquisition trust funds within the Department of Agriculture and
2092 Consumer Services, the Department of State, and the Fish and
2093 Wildlife Conservation Commission and shall retain its
2094 proportionate share of the revenues in the Land Acquisition
2095 Trust Fund within the department. Total distributions to a land
2096 acquisition trust fund within the Department of Agriculture and
2097 Consumer Services, the Department of State, and the Fish and
2098 Wildlife Conservation Commission may not exceed the total
2099 appropriations from such trust fund for the fiscal year.
2100 (3) In addition, the department shall transfer from the
2101 Land Acquisition Trust Fund to land acquisition trust funds
2102 within the Department of Agriculture and Consumer Services, the
2103 Department of State, and the Fish and Wildlife Conservation
2104 Commission amounts equal to the difference between the amounts
2105 appropriated in chapter 2022-156, Laws of Florida, to the
2106 department’s Land Acquisition Trust Fund and the other land
2107 acquisition trust funds, and the amounts actually transferred
2108 between those trust funds during the 2022-2023 fiscal year.
2109 (4) The department may advance funds from the beginning
2110 unobligated fund balance in the Land Acquisition Trust Fund to
2111 the Land Acquisition Trust Fund within the Fish and Wildlife
2112 Conservation Commission needed for cash flow purposes based on a
2113 detailed expenditure plan. The department shall prorate amounts
2114 transferred quarterly to the Fish and Wildlife Conservation
2115 Commission to recoup the amount of funds advanced by June 30,
2116 2024.
2117 (5) This section expires July 1, 2024.
2118 Section 54. In order to implement specific appropriations
2119 from the Florida Forever Trust Fund within the Department of
2120 Environmental Protection, which are contained in the 2023-2024
2121 General Appropriations Act, paragraph (m) of subsection (3) of
2122 section 259.105, Florida Statutes, is amended to read:
2123 259.105 The Florida Forever Act.—
2124 (3) Less the costs of issuing and the costs of funding
2125 reserve accounts and other costs associated with bonds, the
2126 proceeds of cash payments or bonds issued pursuant to this
2127 section shall be deposited into the Florida Forever Trust Fund
2128 created by s. 259.1051. The proceeds shall be distributed by the
2129 Department of Environmental Protection in the following manner:
2130 (m) Notwithstanding paragraphs (a)-(j) and for the 2023
2131 2024 fiscal year, the proceeds shall be distributed as provided
2132 in the General Appropriations Act. This paragraph expires July
2133 1, 2024 Notwithstanding paragraphs (a)-(j) and for the 2021-2022
2134 fiscal year, the amount of $1,998,100 to only the Department of
2135 Environmental Protection for grants pursuant to s. 375.075. This
2136 paragraph expires July 1, 2022.
2137 Section 55. In order to implement Specific Appropriation
2138 1438 of the 2023-2024 General Appropriations Act, and
2139 notwithstanding the expiration date in section 64 of chapter
2140 2022-157, Laws of Florida, paragraph (a) of subsection (1) of
2141 section 570.93, Florida Statutes, is reenacted to read:
2142 570.93 Department of Agriculture and Consumer Services;
2143 agricultural water conservation and agricultural water supply
2144 planning.—
2145 (1) The department shall establish an agricultural water
2146 conservation program that includes the following:
2147 (a) A cost-share program, coordinated with the United
2148 States Department of Agriculture and other federal, state,
2149 regional, and local agencies when appropriate, for irrigation
2150 system retrofit and application of mobile irrigation laboratory
2151 evaluations, and for water conservation and water quality
2152 improvement pursuant to s. 403.067(7)(c).
2153 Section 56. The text of s. 570.93(1)(a), Florida Statutes,
2154 as carried forward from chapter 2019-116, Laws of Florida, by
2155 this act expires July 1, 2024, and the text of that paragraph
2156 shall revert to that in existence on June 30, 2019, except that
2157 any amendments to such text enacted other than by this act shall
2158 be preserved and continue to operate to the extent that such
2159 amendments are not dependent upon the portions of text which
2160 expire pursuant to this section.
2161 Section 57. In order to implement Specific Appropriation
2162 1757 of the 2023-2024 General Appropriations Act, and
2163 notwithstanding the expiration date in section 66 of chapter
2164 2022-157, Laws of Florida, paragraph (g) of subsection (15) of
2165 section 376.3071, Florida Statutes, is reenacted to read:
2166 376.3071 Inland Protection Trust Fund; creation; purposes;
2167 funding.—
2168 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
2169 department shall pay, pursuant to this subsection, up to $10
2170 million each fiscal year from the fund for the costs of labor
2171 and equipment to repair or replace petroleum storage systems
2172 that may have been damaged due to the storage of fuels blended
2173 with ethanol or biodiesel, or for preventive measures to reduce
2174 the potential for such damage.
2175 (g) Payments may not be made for the following:
2176 1. Proposal costs or costs related to preparation of the
2177 application and required documentation;
2178 2. Certified public accountant costs;
2179 3. Except as provided in paragraph (j), any costs in excess
2180 of the amount approved by the department under paragraph (b) or
2181 which are not in substantial compliance with the purchase order;
2182 4. Costs associated with storage tanks, piping, or
2183 ancillary equipment that has previously been repaired or
2184 replaced for which costs have been paid under this section;
2185 5. Facilities that are not in compliance with department
2186 storage tank rules, until the noncompliance issues have been
2187 resolved; or
2188 6. Costs associated with damage to petroleum storage
2189 systems caused in whole or in part by causes other than the
2190 storage of fuels blended with ethanol or biodiesel.
2191 Section 58. The text of s. 376.3071(15)(g), Florida
2192 Statutes, as carried forward from chapter 2020-114, Laws of
2193 Florida, by this act, expires July 1, 2024, and the text of that
2194 paragraph shall revert to that in existence on July 1, 2020, but
2195 not including any amendments made by this act or chapter 2020
2196 114, Laws of Florida, and any amendments to such text enacted
2197 other than by this act shall be preserved and continue to
2198 operate to the extent that such amendments are not dependent
2199 upon the portion of text which expires pursuant to this section.
2200 Section 59. In order to implement Specific Appropriation
2201 2267 of the 2023-2024 General Appropriations Act, and
2202 notwithstanding chapter 287, Florida Statutes, the Department of
2203 Citrus shall enter into agreements for the purpose of increasing
2204 production of trees that show tolerance or resistance to citrus
2205 greening and to commercialize technologies that produce
2206 tolerance or resistance to citrus greening in trees. The
2207 department shall enter into these agreements no later than
2208 January 1, 2024, and shall file with the department’s Inspector
2209 General a certification of conditions and circumstances
2210 justifying each agreement entered into without competitive
2211 solicitation. This section expires July 1, 2024.
2212 Section 60. In order to implement section 142 of the 2023
2213 2024 General Appropriations Act, subsection (22) of section
2214 161.101, Florida Statutes, is amended to read:
2215 161.101 State and local participation in authorized
2216 projects and studies relating to beach management and erosion
2217 control.—
2218 (22) Notwithstanding subsections (1), (15), and (16), and
2219 for the 2023-2024 2022-2023 fiscal year, for beaches located in
2220 Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian
2221 River, Lee, Manatee, Martin, Nassau, Palm Beach, St. Johns, St.
2222 Lucie, Sarasota, and Volusia Counties, impacted by Hurricane Ian
2223 or Hurricane Nicole, the department may waive or reduce the
2224 match requirements for local governments. This subsection
2225 expires July 1, 2024 2023.
2226 Section 61. In order to implement section 143 of the 2023
2227 2024 General Appropriations Act, section 10 of chapter 2022-272,
2228 Laws of Florida, is amended to read:
2229 Section 10. Hurricane Restoration Reimbursement Grant
2230 Program.—
2231 (1) There is hereby created within the Department of
2232 Environmental Protection the Hurricane Restoration Reimbursement
2233 Grant Program for the purpose of providing financial assistance
2234 to mitigate coastal beach erosion for coastal homeowners whose
2235 property was significantly impacted by Hurricane Ian or
2236 Hurricane Nicole in 2022. The department is authorized to
2237 provide financial assistance grants to eligible recipients
2238 located in Brevard, Broward, Charlotte, Collier, Duval, Flagler,
2239 Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, Saint
2240 Johns, Saint Lucie, Sarasota, and Volusia Counties.
2241 (2) The department may provide grants to property owners to
2242 mitigate for coastal beach erosion caused by Hurricane Ian or
2243 Hurricane Nicole during 2022. Grant funding may only be used to
2244 reimburse a property owner for construction costs:
2245 (a) Related to sand placement and temporary or permanent
2246 coastal armoring construction projects to mitigate coastal beach
2247 erosion and may not be used for the repair of residential
2248 structures.
2249 (b) Incurred as a result of preparation for or damage
2250 sustained from Hurricane Ian or Hurricane Nicole in 2022.
2251 (c) Incurred after September 23, 2022.
2252 (d) Related to a project that has been permitted, is exempt
2253 from permitting requirements, or is otherwise authorized by law.
2254 (3) Financial assistance grants may only be provided to
2255 mitigate damage to property located in Brevard, Broward,
2256 Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee,
2257 Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota,
2258 and Volusia Counties that is a:
2259 (a) Residential property that meets the following
2260 requirements:
2261 1. The parcel must be a single-family, site-built,
2262 residential property or a multi-family, site-built, residential
2263 property not to exceed four units; and
2264 2. The homeowner must have been granted a homestead
2265 exemption on the home under chapter 196, Florida Statutes;
2266 (b) Residential condominium, as defined in chapter 718,
2267 Florida Statutes; or
2268 (c) Cooperative, as defined in chapter 719, Florida
2269 Statutes.
2270 (4)(a) The department shall cost-share with $1 provided by
2271 the property owner for every $1 provided by the state with a
2272 maximum of $300,000 $150,000 in state funding toward the actual
2273 cost of an eligible project. The department shall prioritize
2274 applicants who are low-income or moderate-income persons, as
2275 defined in s. 420.0004, Florida Statutes. Grants will be awarded
2276 to property owners for eligible projects following the receipt
2277 of a completed application on a first-come, first-served basis
2278 until funding is exhausted.
2279 1. Applications may be submitted beginning February 1,
2280 2023.
2281 2. Applicants must include evidence that the project meets
2282 the criteria in subsections (2) and (3).
2283 (b) If the department determines that an application meets
2284 the requirements of this section, the department shall enter
2285 into a cost-share grant agreement with the applicant consistent
2286 with this section.
2287 (c) The department shall disburse grant funds on a
2288 reimbursement basis. In order to receive reimbursement, property
2289 owners must submit, at a minimum:
2290 1. If applicable, the permit issued under chapter 161,
2291 Florida Statutes, or applicable statute, and evidence that the
2292 project complies with all permitting requirements.
2293 2. All invoices and payment receipts for eligible projects.
2294 3. If applicable, documentation that the eligible project
2295 was completed by a licensed professional or contractor.
2296 (5) No later than January 31, 2023, the department shall
2297 adopt emergency rules prescribing the procedures,
2298 administration, and criteria for approving the applications for
2299 the Hurricane Restoration Reimbursement Grant Program. The
2300 department is authorized, and all conditions are deemed met, to
2301 adopt emergency rules under ss. 120.536(1) and 120.54(4),
2302 Florida Statutes, to implement this section. The Legislature
2303 finds that such emergency rulemaking authority is necessary to
2304 address critical shoreline erosion which may result in the loss
2305 of property by homeowners in those areas of the state that
2306 sustained damage due to Hurricane Ian or Hurricane Nicole during
2307 2022. Such rules shall remain effective for 6 months after the
2308 date of adoption.
2309 (6) This section expires July 1, 2024 2023.
2310 Section 62. In order to implement Specific Appropriation
2311 2722 of the 2023-2024 General Appropriations Act, paragraph (b)
2312 of subsection (3) and subsection (5) of section 321.04, Florida
2313 Statutes, are amended to read:
2314 321.04 Personnel of the highway patrol; rank
2315 classifications; probationary status of new patrol officers;
2316 subsistence; special assignments.—
2317 (3)
2318 (b) For the 2023-2024 2022-2023 fiscal year only, upon the
2319 request of the Governor, the Department of Highway Safety and
2320 Motor Vehicles shall assign one or more patrol officers to the
2321 office of the Lieutenant Governor for security services. This
2322 paragraph expires July 1, 2024 2023.
2323 (5) For the 2023-2024 2022-2023 fiscal year only, the
2324 assignment of a patrol officer by the department shall include a
2325 Cabinet member specified in s. 4, Art. IV of the State
2326 Constitution if deemed appropriate by the department or in
2327 response to a threat and upon written request of such Cabinet
2328 member. This subsection expires July 1, 2024 2023.
2329 Section 63. In order to implement section 185 of the 2023
2330 2024 General Appropriations Act, subsection (3) of section
2331 288.80125, Florida Statutes, is amended to read:
2332 288.80125 Triumph Gulf Coast Trust Fund.—
2333 (3) For the 2023-2024 2022-2023 fiscal year, funds shall be
2334 used for the Rebuild Florida Revolving Loan Fund program to
2335 provide assistance to businesses impacted by Hurricane Michael
2336 as provided in the General Appropriations Act. This subsection
2337 expires July 1, 2024 2023.
2338 Section 64. In order to implement Specific Appropriations
2339 2277 through 2284 of the 2023-2024 General Appropriations Act,
2340 subsection (3) of section 288.8013, Florida Statutes, is amended
2341 to read:
2342 288.8013 Triumph Gulf Coast, Inc.; creation; funding;
2343 investment.—
2344 (3) Triumph Gulf Coast, Inc., shall establish a trust
2345 account at a federally insured financial institution to hold
2346 funds received from the Triumph Gulf Coast Trust Fund and make
2347 deposits and payments. Interest earned in the trust account
2348 shall be deposited monthly into the Triumph Gulf Coast Trust
2349 Fund. Triumph Gulf Coast, Inc., may invest surplus funds in the
2350 Local Government Surplus Funds Trust Fund, pursuant to s.
2351 218.407. Earnings generated by investments and interest of the
2352 fund may be retained and used to make awards pursuant to this
2353 act or, notwithstanding paragraph (2)(d), for administrative
2354 costs, including costs in excess of the cap, and interest
2355 earned, net of fees, shall be transferred monthly into the
2356 Triumph Gulf Coast Trust Fund. Administrative costs may include
2357 payment of travel and per diem expenses of board members,
2358 audits, salary or other costs for employed or contracted staff,
2359 including required staff under s. 288.8014(9), and other
2360 allowable costs. The annual salary for any employee or
2361 contracted staff may not exceed $130,000, and associated
2362 benefits may not exceed 35 percent of salary.
2363 Section 65. The amendments to s. 288.8013(3), Florida
2364 Statutes, made by this act expire July 1, 2024, and the text of
2365 that subsection shall revert to that in existence on June 30,
2366 2023, except that any amendments to such text enacted other than
2367 by this act shall be preserved and continue to operate to the
2368 extent that such amendments are not dependent upon the portions
2369 of text which expire pursuant to this section.
2370 Section 66. In order to implement section 215 of the 2023
2371 2024 General Appropriations Act, subsection (4) of section
2372 339.08, Florida Statutes, is amended to read:
2373 339.08 Use of moneys in State Transportation Trust Fund.—
2374 (4) Notwithstanding any other law, and for the 2023-2024
2375 2022-2023 fiscal year only, funds are appropriated to the State
2376 Transportation Trust Fund from the General Revenue Fund as
2377 provided in the General Appropriations Act. The department is
2378 not required to deplete the resources transferred from the
2379 General Revenue Fund for the fiscal year as required in s.
2380 339.135(3)(b), and the funds may not be used in calculating the
2381 required quarterly cash balance of the trust fund as required in
2382 s. 339.135(6)(b). The department shall track and account for
2383 such appropriated funds as a separate funding source for
2384 eligible projects on the State Highway System and grants to
2385 Florida ports. This subsection expires July 1, 2024 2023.
2386 Section 67. In order to implement Specific Appropriations
2387 1992 through 2005, 2015, 2016, 2024 through 2027, 2031 through
2388 2035, 2037 through 2045, and 2080 through 2093 of the 2023-2024
2389 General Appropriations Act, paragraph (h) of subsection (7) of
2390 section 339.135, Florida Statutes, is amended to read:
2391 339.135 Work program; legislative budget request;
2392 definitions; preparation, adoption, execution, and amendment.—
2393 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
2394 (h)1. Any work program amendment that also adds a new
2395 project, or phase thereof, to the adopted work program in excess
2396 of $3 million is subject to approval by the Legislative Budget
2397 Commission. Any work program amendment submitted under this
2398 paragraph must include, as supplemental information, a list of
2399 projects, or phases thereof, in the current 5-year adopted work
2400 program which are eligible for the funds within the
2401 appropriation category being used for the proposed amendment.
2402 The department shall provide a narrative with the rationale for
2403 not advancing an existing project, or phase thereof, in lieu of
2404 the proposed amendment.
2405 2. If the department submits an amendment to the
2406 Legislative Budget Commission and the commission does not meet
2407 or consider the amendment within 30 days after its submittal,
2408 the chair and vice chair of the commission may authorize the
2409 amendment to be approved pursuant to s. 216.177. This
2410 subparagraph expires July 1, 2024 2023.
2411 Section 68. In order to implement Specific Appropriation
2412 3067 of the 2023-2024 General Appropriations Act, section
2413 250.245, Florida Statutes, is created to read:
2414 250.245 Florida National Guard Joint Enlistment Enhancement
2415 Program.—
2416 (1) The Florida National Guard Joint Enlistment Enhancement
2417 Program (JEEP) is established within the Department of Military
2418 Affairs. The purpose of the program is to motivate soldiers,
2419 airmen, and retirees of the Florida National Guard to bolster
2420 recruitment efforts and increase the force structure of the
2421 Florida National Guard.
2422 (2) As used in this section, the term “recruiting
2423 assistant” means a member of the Florida National Guard or a
2424 retiree of the Florida National Guard who assists in the
2425 recruitment of a new member and who provides motivation,
2426 encouragement, and moral support until the enlistment of such
2427 new member.
2428 (3) A current member in pay grade E-1 to O-3 or a retiree
2429 in any pay grade is eligible for participation in JEEP as a
2430 recruiting assistant.
2431 (4) The Adjutant General shall provide compensation to
2432 recruiting assistants participating in JEEP. A recruiting
2433 assistant shall receive $1,000 for each new member referred by
2434 them to the Florida National Guard upon the enlistment of such
2435 referred member.
2436 (5) The Department of Military Affairs, in cooperation with
2437 the Florida National Guard, shall adopt rules to administer the
2438 program.
2439 (6) This section expires July 1, 2024.
2440 Section 69. In order to implement Specific Appropriation
2441 2342 of the 2023-2024 General Appropriations Act, subsection (7)
2442 of section 288.0655, Florida Statutes, is amended to read:
2443 288.0655 Rural Infrastructure Fund.—
2444 (7) For the 2023-2024 2022-2023 fiscal year, the funds
2445 appropriated for the grant program for Florida Panhandle
2446 counties shall be distributed pursuant to and for the purposes
2447 described in the proviso language associated with Specific
2448 Appropriation 2342 2287 of the 2023-2024 2022-2023 General
2449 Appropriations Act. This subsection expires July 1, 2024 2023.
2450 Section 70. In order to implement Specific Appropriations
2451 2687 through 2696 of the 2023-2024 General Appropriations Act,
2452 and notwithstanding ss. 216.181 and 216.292, Florida Statutes,
2453 the Division of Emergency Management may submit budget
2454 amendments, subject to the notice, review, and objection
2455 procedures of s. 216.177, Florida Statutes, to increase budget
2456 authority for projected expenditures due to reimbursements from
2457 federally declared disasters. This section expires July 1, 2024.
2458 Section 71. In order to implement Specific Appropriation
2459 2654 of the 2023-2024 General Appropriations Act, paragraph (d)
2460 of subsection (4) of section 112.061, Florida Statutes, is
2461 amended to read:
2462 112.061 Per diem and travel expenses of public officers,
2463 employees, and authorized persons; statewide travel management
2464 system.—
2465 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2466 officer or employee assigned to an office shall be the city or
2467 town in which the office is located except that:
2468 (d) A Lieutenant Governor who permanently resides outside
2469 of Leon County, may, if he or she so requests, have an
2470 appropriate facility in his or her county designated as his or
2471 her official headquarters for purposes of this section. This
2472 official headquarters may only serve as the Lieutenant
2473 Governor’s personal office. The Lieutenant Governor may not use
2474 state funds to lease space in any facility for his or her
2475 official headquarters.
2476 1. A Lieutenant Governor for whom an official headquarters
2477 is established in his or her county of residence pursuant to
2478 this paragraph is eligible for subsistence at a rate to be
2479 established by the Governor for each day or partial day that the
2480 Lieutenant Governor is at the State Capitol to conduct official
2481 state business. In addition to the subsistence allowance, a
2482 Lieutenant Governor is eligible for reimbursement for
2483 transportation expenses as provided in subsection (7) for travel
2484 between the Lieutenant Governor’s official headquarters and the
2485 State Capitol to conduct state business.
2486 2. Payment of subsistence and reimbursement for
2487 transportation between a Lieutenant Governor’s official
2488 headquarters and the State Capitol shall be made to the extent
2489 appropriated funds are available, as determined by the Governor.
2490 3. This paragraph expires July 1, 2024 2023.
2491 Section 72. Effective upon this act becoming a law, in
2492 order to implement section 8 of the 2023-2024 General
2493 Appropriations Act:
2494 (1) The Department of Management Services, pursuant to s.
2495 110.123(3), Florida Statutes, shall release, during the 2021
2496 2022 fiscal year or 2022-2023 fiscal year, competitive
2497 procurements for third-party administrative services for
2498 preferred provider organization plans, health maintenance
2499 organization services, and pharmacy benefits manager services to
2500 become effective January 1, 2024.
2501 (2) Such competitive procurements and resultant contracts
2502 shall continue the State Group Health Insurance Standard Plans,
2503 State Group Health Insurance High Deductible Plans, State Group
2504 Health Maintenance Organization Standard Plans, and State Group
2505 Health Maintenance Organization High Deductible Plans within the
2506 State Group Insurance Program. The benefits provided under each
2507 of the plans shall be those benefits as provided in the Plan
2508 Year 2023 State Employees’ PPO Plan Group Health Insurance Plan
2509 Booklet and Benefit Document and the Plan Year 2023 Health
2510 Maintenance Organization contracts and benefit documents,
2511 modified only by revisions approved by the Legislature.
2512 (3) It is the intent of the Legislature that state agencies
2513 operate in an efficient manner and contract for necessary
2514 services in the best interests of the state and its residents.
2515 In recognition of the limitations otherwise placed on state
2516 agencies pursuant to s. 216.311, Florida Statutes, when
2517 contracting for services, the Department of Management Services,
2518 when contracting for administrative services relating to the
2519 administration of the health plans beginning in plan year 2024,
2520 may enter into contracts that may require the payment of
2521 administrative fees not to exceed 110 percent of the amount
2522 appropriated in the 2023-2024 General Appropriations Act to the
2523 Division of State Group Insurance for such services.
2524 (4) Notwithstanding s. 110.123(3)(f), Florida Statutes, the
2525 Department of Management Services shall maintain and offer the
2526 same PPO and HMO health plan alternatives to the participants of
2527 the State Group Health Insurance Program during the 2023-2024
2528 fiscal year which were in effect for the 2022-2023 fiscal year.
2529
2530 This section expires July 1, 2024.
2531 Section 73. (1) In order to implement section 8 of the
2532 2023-2024 General Appropriations Act, beginning July 1, 2023,
2533 and on the first day of each month thereafter, the Department of
2534 Management Services shall assess an administrative health
2535 insurance assessment to each state agency equal to the
2536 employer’s cost of individual employee health care coverage for
2537 each vacant position within such agency eligible for coverage
2538 through the Division of State Group Insurance. As used in this
2539 section, the term “state agency” means an agency within the
2540 State Personnel System, the Department of the Lottery, the
2541 Justice Administrative Commission and all entities
2542 administratively housed in the Justice Administrative
2543 Commission, and the state courts system.
2544 (2) Each state agency shall remit the assessed
2545 administrative health insurance assessment under subsection (1)
2546 to the State Employees Health Insurance Trust Fund, for the
2547 State Group Insurance Program, as provided in ss. 110.123 and
2548 110.1239, Florida Statutes, from currently allocated monies for
2549 salaries and benefits, within 30 days after receipt of the
2550 assessment from the Department of Management Services. Should
2551 any state agency become more than 60 days delinquent in payment
2552 of this obligation, the Department of Management Services shall
2553 certify to the Chief Financial Officer the amount due and the
2554 Chief Financial Officer shall transfer the amount due to the
2555 Department of Management Services.
2556 (3) The administrative health insurance assessment shall
2557 not apply to positions for which funding, or a portion of
2558 funding, is paid for with federal funds. Each state agency shall
2559 provide the Department of Management Services with a complete
2560 list of position numbers that are funded, or partially funded,
2561 with federal funding no later than July 31, 2023, and shall
2562 update the list on the last day of each month thereafter. For
2563 federally funded positions, or partially funded positions, each
2564 state agency shall immediately take steps to include the
2565 administrative health insurance assessment in its indirect cost
2566 plan for the 2024-2025 fiscal year and each fiscal year
2567 thereafter. A state agency shall notify the Department of
2568 Management Services upon approval of the updated indirect cost
2569 plan. If the state agency is not able to obtain approval from
2570 its federal awarding agency, the state agency must notify the
2571 Department of Management Services no later than January 16,
2572 2024.
2573 (4) Pursuant to the notice, review, and objection
2574 procedures of s. 216.177, Florida Statutes, the Executive Office
2575 of the Governor may transfer budget authority appropriated in
2576 the Salaries and Benefits appropriation category between
2577 agencies in order to align the appropriations granted with the
2578 assessments that must be paid by each agency to the Department
2579 of Management Services for the administrative health insurance
2580 assessment.
2581 (5) This section expires July 1, 2024.
2582 Section 74. In order to implement Specific Appropriations
2583 2787 and 2788 of the 2023-2024 General Appropriations Act, and
2584 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2585 salaries for members of the Legislature for the 2023-2024 fiscal
2586 year shall be set at the same level in effect on July 1, 2010.
2587 This section expires July 1, 2024.
2588 Section 75. In order to implement the transfer of funds
2589 from the General Revenue Fund from trust funds for the 2023-2024
2590 General Appropriations Act, and notwithstanding the expiration
2591 date in section 86 of chapter 2022-157, Laws of Florida,
2592 paragraph (b) of subsection (2) of section 215.32, Florida
2593 Statutes, is reenacted to read:
2594 215.32 State funds; segregation.—
2595 (2) The source and use of each of these funds shall be as
2596 follows:
2597 (b)1. The trust funds shall consist of moneys received by
2598 the state which under law or under trust agreement are
2599 segregated for a purpose authorized by law. The state agency or
2600 branch of state government receiving or collecting such moneys
2601 is responsible for their proper expenditure as provided by law.
2602 Upon the request of the state agency or branch of state
2603 government responsible for the administration of the trust fund,
2604 the Chief Financial Officer may establish accounts within the
2605 trust fund at a level considered necessary for proper
2606 accountability. Once an account is established, the Chief
2607 Financial Officer may authorize payment from that account only
2608 upon determining that there is sufficient cash and releases at
2609 the level of the account.
2610 2. In addition to other trust funds created by law, to the
2611 extent possible, each agency shall use the following trust funds
2612 as described in this subparagraph for day-to-day operations:
2613 a. Operations or operating trust fund, for use as a
2614 depository for funds to be used for program operations funded by
2615 program revenues, with the exception of administrative
2616 activities when the operations or operating trust fund is a
2617 proprietary fund.
2618 b. Operations and maintenance trust fund, for use as a
2619 depository for client services funded by third-party payors.
2620 c. Administrative trust fund, for use as a depository for
2621 funds to be used for management activities that are departmental
2622 in nature and funded by indirect cost earnings and assessments
2623 against trust funds. Proprietary funds are excluded from the
2624 requirement of using an administrative trust fund.
2625 d. Grants and donations trust fund, for use as a depository
2626 for funds to be used for allowable grant or donor agreement
2627 activities funded by restricted contractual revenue from private
2628 and public nonfederal sources.
2629 e. Agency working capital trust fund, for use as a
2630 depository for funds to be used pursuant to s. 216.272.
2631 f. Clearing funds trust fund, for use as a depository for
2632 funds to account for collections pending distribution to lawful
2633 recipients.
2634 g. Federal grant trust fund, for use as a depository for
2635 funds to be used for allowable grant activities funded by
2636 restricted program revenues from federal sources.
2637
2638 To the extent possible, each agency must adjust its internal
2639 accounting to use existing trust funds consistent with the
2640 requirements of this subparagraph. If an agency does not have
2641 trust funds listed in this subparagraph and cannot make such
2642 adjustment, the agency must recommend the creation of the
2643 necessary trust funds to the Legislature no later than the next
2644 scheduled review of the agency’s trust funds pursuant to s.
2645 215.3206.
2646 3. All such moneys are hereby appropriated to be expended
2647 in accordance with the law or trust agreement under which they
2648 were received, subject always to the provisions of chapter 216
2649 relating to the appropriation of funds and to the applicable
2650 laws relating to the deposit or expenditure of moneys in the
2651 State Treasury.
2652 4.a. Notwithstanding any provision of law restricting the
2653 use of trust funds to specific purposes, unappropriated cash
2654 balances from selected trust funds may be authorized by the
2655 Legislature for transfer to the Budget Stabilization Fund and
2656 General Revenue Fund in the General Appropriations Act.
2657 b. This subparagraph does not apply to trust funds required
2658 by federal programs or mandates; trust funds established for
2659 bond covenants, indentures, or resolutions whose revenues are
2660 legally pledged by the state or public body to meet debt service
2661 or other financial requirements of any debt obligations of the
2662 state or any public body; the Division of Licensing Trust Fund
2663 in the Department of Agriculture and Consumer Services; the
2664 State Transportation Trust Fund; the trust fund containing the
2665 net annual proceeds from the Florida Education Lotteries; the
2666 Florida Retirement System Trust Fund; trust funds under the
2667 management of the State Board of Education or the Board of
2668 Governors of the State University System, where such trust funds
2669 are for auxiliary enterprises, self-insurance, and contracts,
2670 grants, and donations, as those terms are defined by general
2671 law; trust funds that serve as clearing funds or accounts for
2672 the Chief Financial Officer or state agencies; trust funds that
2673 account for assets held by the state in a trustee capacity as an
2674 agent or fiduciary for individuals, private organizations, or
2675 other governmental units; and other trust funds authorized by
2676 the State Constitution.
2677 Section 76. The text of s. 215.32(2)(b), Florida Statutes,
2678 as carried forward from chapter 2011-47, Laws of Florida, by
2679 this act, expires July 1, 2024, and the text of that paragraph
2680 shall revert to that in existence on June 30, 2011, except that
2681 any amendments to such text enacted other than by this act shall
2682 be preserved and continue to operate to the extent that such
2683 amendments are not dependent upon the portions of text which
2684 expire pursuant to this section.
2685 Section 77. In order to implement appropriations in the
2686 2023-2024 General Appropriations Act for state employee travel,
2687 the funds appropriated to each state agency which may be used
2688 for travel by state employees are limited during the 2023-2024
2689 fiscal year to travel for activities that are critical to each
2690 state agency’s mission. Funds may not be used for travel by
2691 state employees to foreign countries, other states, conferences,
2692 staff training activities, or other administrative functions
2693 unless the agency head has approved, in writing, that such
2694 activities are critical to the agency’s mission. The agency head
2695 shall consider using teleconferencing and other forms of
2696 electronic communication to meet the needs of the proposed
2697 activity before approving mission-critical travel. This section
2698 does not apply to travel for law enforcement purposes, military
2699 purposes, emergency management activities, or public health
2700 activities. This section expires July 1, 2024.
2701 Section 78. In order to implement appropriations in the
2702 2023-2024 General Appropriations Act for state employee travel
2703 and notwithstanding s. 112.061, Florida Statutes, costs for
2704 lodging associated with a meeting, conference, or convention
2705 organized or sponsored in whole or in part by a state agency or
2706 the judicial branch may not exceed $225 per day. An employee may
2707 expend his or her own funds for any lodging expenses in excess
2708 of $225 per day. For purposes of this section, a meeting does
2709 not include travel activities for conducting an audit,
2710 examination, inspection, or investigation or travel activities
2711 related to a litigation or emergency response. This section
2712 expires July 1, 2024.
2713 Section 79. In order to implement the appropriations and
2714 reappropriations authorized in the 2023-2024 General
2715 Appropriations Act, paragraph (d) of subsection (11) of section
2716 216.181, Florida Statutes, is amended to read:
2717 216.181 Approved budgets for operations and fixed capital
2718 outlay.—
2719 (11)
2720 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
2721 for the 2023-2024 2022-2023 fiscal year only, the Legislative
2722 Budget Commission may approve budget amendments for new fixed
2723 capital outlay projects or increase the amounts appropriated to
2724 state agencies for fixed capital outlay projects. This paragraph
2725 expires July 1, 2024 2023.
2726
2727 The provisions of this subsection are subject to the notice and
2728 objection procedures set forth in s. 216.177.
2729 Section 80. In order to implement Specific Appropriation
2730 2792 of the 2023-2024 General Appropriations Act, subsection (4)
2731 of section 350.0614, Florida Statutes, is amended to read:
2732 350.0614 Public Counsel; compensation and expenses.—
2733 (4) Notwithstanding subsection (1), the operating budget,
2734 as approved jointly by the President of the Senate and the
2735 Speaker of the House of Representatives from the moneys
2736 appropriated to the Public Counsel by the Legislature,
2737 constitutes the allocation under which the Public Counsel will
2738 manage the duties of his or her office. The Public Counsel:
2739 (a) Shall submit an annual budget request to the
2740 Legislature in the format, detail, and schedule determined by
2741 the President of the Senate and the Speaker of the House of
2742 Representatives.
2743 (b) May employ technical and clerical personnel and retain
2744 additional counsel and experts, including expert witnesses. In
2745 employing such personnel, retaining additional counsel and
2746 experts, and exercising all other administrative duties of the
2747 office, the Public Counsel must follow applicable provisions of
2748 the most recent version of the Joint Policies and Procedures of
2749 the Presiding Officers. Any guidance for administrative issues
2750 not addressed by the Joint Policies and Procedures of the
2751 Presiding Officers requires consultation and joint agreement of
2752 the President of the Senate and the Speaker of the House of
2753 Representatives.
2754
2755 This subsection expires July 1, 2024 2023.
2756 Section 81. In order to implement the salaries and
2757 benefits, expenses, other personal services, contracted
2758 services, special categories, and operating capital outlay
2759 categories of the 2023-2024 General Appropriations Act,
2760 paragraph (a) of subsection (2) of section 216.292, Florida
2761 Statutes, is amended to read:
2762 216.292 Appropriations nontransferable; exceptions.—
2763 (2) The following transfers are authorized to be made by
2764 the head of each department or the Chief Justice of the Supreme
2765 Court whenever it is deemed necessary by reason of changed
2766 conditions:
2767 (a) The transfer of appropriations funded from identical
2768 funding sources, except appropriations for fixed capital outlay,
2769 and the transfer of amounts included within the total original
2770 approved budget and plans of releases of appropriations as
2771 furnished pursuant to ss. 216.181 and 216.192, as follows:
2772 1. Between categories of appropriations within a budget
2773 entity, if no category of appropriation is increased or
2774 decreased by more than 5 percent of the original approved budget
2775 or $250,000, whichever is greater, by all action taken under
2776 this subsection.
2777 2. Between budget entities within identical categories of
2778 appropriations, if no category of appropriation is increased or
2779 decreased by more than 5 percent of the original approved budget
2780 or $250,000, whichever is greater, by all action taken under
2781 this subsection.
2782 3. Any agency exceeding salary rate established pursuant to
2783 s. 216.181(8) on June 30th of any fiscal year shall not be
2784 authorized to make transfers pursuant to subparagraphs 1. and 2.
2785 in the subsequent fiscal year.
2786 4. Notice of proposed transfers under subparagraphs 1. and
2787 2. shall be provided to the Executive Office of the Governor and
2788 the chairs of the legislative appropriations committees at least
2789 3 days prior to agency implementation in order to provide an
2790 opportunity for review. The review shall be limited to ensuring
2791 that the transfer is in compliance with the requirements of this
2792 paragraph.
2793 5. For the 2023-2024 fiscal year, the review shall ensure
2794 that transfers proposed pursuant to this paragraph comply with
2795 this chapter, maximize the use of available and appropriate
2796 trust funds, and are not contrary to legislative policy and
2797 intent. This subparagraph expires July 1, 2024.
2798 Section 82. In order to implement appropriations in the
2799 2023-2024 General Appropriations Act for the acquisitions of
2800 motor vehicles, and notwithstanding chapter 287, Florida
2801 Statutes, relating to the purchase of motor vehicles from a
2802 state term contract, state agencies may purchase vehicles from
2803 nonstate term contract vendors without prior approval from the
2804 Department of Management Services, provided the cost of the
2805 motor vehicle is equal to or less than the cost of a similar
2806 class of vehicle found on a state term contract and provided the
2807 funds for the purchase have been specifically appropriated. This
2808 section expires July 1, 2024.
2809 Section 83. In order to implement Specific Appropriation
2810 2871 in the 2023-2024 General Appropriations Act, and
2811 notwithstanding s. 255.25(3)(a), Florida Statutes, the
2812 Department of Management Services, the Executive Office of the
2813 Governor, the Commissioner of Agriculture, the Chief Financial
2814 Officer, and the Attorney General are authorized to enter into a
2815 lease as a lessee for the use of space in a privately owned
2816 building, even if such space is 5,000 square feet or more,
2817 without having to advertise or receive competitive
2818 solicitations. This section expires July 1, 2024.
2819 Section 84. Effective upon this act becoming a law, and in
2820 order to implement section 146 of the 2023-2024 General
2821 Appropriations Act:
2822 (1) The Department of Environmental Protection shall use
2823 the funds provided in section 146 of the 2023-2024 General
2824 Appropriations Act to negotiate and, upon a mutual agreement
2825 with any willing seller, purchase lands or interests in lands,
2826 subject to appraisals and pursuant to chapter 253, Florida
2827 Statutes, within the following land areas:
2828 (a) The Caloosahatchee Big Cypress Corridor, which consists
2829 of approximately 75,000 acres in Hendry and Collier Counties
2830 connecting the Florida Panther National Wildlife Refuge and the
2831 Big Cypress National Preserve to the Dinner Island Wildlife
2832 Management Area, the Okaloacoochee Slough State Forest, and the
2833 Corkscrew Regional Ecosystem Watershed Wildlife and
2834 Environmental Area; and
2835 (b) The Ocala-to-Osceola Wildlife Corridor, which consists
2836 of approximately 1.6 million acres in Alachua, Baker, Bradford,
2837 Clay, Columbia, Duval, Hamilton, Lake, Marion, Putnam, Union,
2838 and Volusia Counties connecting the Osceola National Forest to
2839 the Ocala National Forest.
2840 (2) To reduce the state’s land management costs, the
2841 Department of Environmental Protection shall offer, at the
2842 selling property owner’s option, negotiated terms for each
2843 property owner within the Caloosahatchee Big Cypress Corridor to
2844 lease all or a portion of the property for fair market value for
2845 agricultural purposes for 10-year terms.
2846 (a) Each lease must include, at the option of the lessee,
2847 at least two 5-year extensions, so long as the lessee is in
2848 compliance with the lease terms.
2849 (b) Any agricultural uses authorized may not be more
2850 intensive than historical or existing uses and must be
2851 authorized by any applicable agricultural land use designations.
2852 All agricultural practices must be conducted in compliance with
2853 the applicable best management practices adopted by the
2854 Department of Agriculture and Consumer Services.
2855 (3) The Department of Environmental Protection, in
2856 consultation with the other state lead land managers, shall
2857 perform a review of all land management activities, including
2858 costs, for state-owned conservation lands, including, but not
2859 limited to, prescribed burns, invasive plant and animal control,
2860 restoration and maintenance of natural habitats, mowing,
2861 recreation visitor services, capital improvements, and
2862 reforestation. The department shall analyze the costs,
2863 efficiencies, duplications of effort, or conflicts among
2864 managing entities and shall recommend whether the process
2865 including the funding for land management activities should be
2866 revised. The recommendations must include any statutory changes
2867 necessary to implement the recommendations. The department shall
2868 submit a report on its review and recommendations to the
2869 President of the Senate and the Speaker of the House of
2870 Representatives by January 1, 2024.
2871 (4) This section expires July 1, 2024.
2872 Section 85. In order to implement Specific Appropriation
2873 146 of the 2023-2024 General Appropriations Act, a county or
2874 municipal government may not adopt or amend a fertilizer
2875 management ordinance, pursuant to s. 403.9337, Florida Statutes,
2876 which provides for a prohibited application period not in
2877 existence on June 30, 2023. This section expires July 1, 2024.
2878 Section 86. Any section of this act which implements a
2879 specific appropriation or specifically identified proviso
2880 language in the 2023-2024 General Appropriations Act is void if
2881 the specific appropriation or specifically identified proviso
2882 language is vetoed. Any section of this act which implements
2883 more than one specific appropriation or more than one portion of
2884 specifically identified proviso language in the 2023-2024
2885 General Appropriations Act is void if all the specific
2886 appropriations or portions of specifically identified proviso
2887 language are vetoed.
2888 Section 87. If any other act passed during the 2023 Regular
2889 Session of the Legislature contains a provision that is
2890 substantively the same as a provision in this act, but that
2891 removes or is otherwise not subject to the future repeal applied
2892 to such provision by this act, the Legislature intends that the
2893 provision in the other act takes precedence and continues to
2894 operate, notwithstanding the future repeal provided by this act.
2895 Section 88. If any provision of this act or its application
2896 to any person or circumstance is held invalid, the invalidity
2897 does not affect other provisions or applications of the act
2898 which can be given effect without the invalid provision or
2899 application, and to this end the provisions of this act are
2900 severable.
2901 Section 89. Except as otherwise expressly provided in this
2902 act and except for this section, which shall take effect upon
2903 this act becoming a law, this act shall take effect July 1,
2904 2023, or, if this act fails to become a law until after that
2905 date, it shall take effect upon becoming a law and shall operate
2906 retroactively to July 1, 2023.
