Bill Text: FL S2502 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementing the 2019-2020 General Appropriations Act
Spectrum: Committee Bill
Status: (Passed) 2019-06-24 - Chapter No. 2019-116, companion bill(s) passed, see HB 5301 (Ch. 2019-118), CS/HB 7099 (Ch. 2019-142), CS/SB 190 (Ch. 2019-103), SB 2500 (Ch. 2019-115) [S2502 Detail]
Download: Florida-2019-S2502-Introduced.html
Bill Title: Implementing the 2019-2020 General Appropriations Act
Spectrum: Committee Bill
Status: (Passed) 2019-06-24 - Chapter No. 2019-116, companion bill(s) passed, see HB 5301 (Ch. 2019-118), CS/HB 7099 (Ch. 2019-142), CS/SB 190 (Ch. 2019-103), SB 2500 (Ch. 2019-115) [S2502 Detail]
Download: Florida-2019-S2502-Introduced.html
Florida Senate - 2019 SB 2502
By the Committee on Appropriations
576-03546-19 20192502__
1 A bill to be entitled
2 An act implementing the 2019-2020 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language;
8 amending s. 1001.292, F.S.; deleting a provision
9 providing for the carrying forward of undisbursed
10 funds allocated for the Schools of Hope Revolving Loan
11 Program; amending s. 1002.333, F.S.; deleting the
12 authorization for a traditional public school to
13 receive funds from the Schools of Hope Program;
14 deleting a requirement for the State Board of
15 Education to provide awards and annually report
16 certain information; deleting a provision providing
17 for the carrying forward of undisbursed funds
18 allocated for the Schools of Hope Program; providing
19 for the expiration and reversion of specified
20 statutory text; creating part VII of ch. 1003, F.S.,
21 consisting of s. 1003.64, F.S., entitled “Public
22 School Innovation”; providing legislative intent;
23 creating the Community School Grant Program within the
24 Department of Education; providing the purpose of the
25 program; defining terms; specifying criteria for a
26 community school; requiring community schools to
27 designate a community school program director;
28 providing duties of community school program
29 directors; establishing the Center for Community
30 Schools within the University of Central Florida;
31 requiring that the center be headed by a director, and
32 providing duties thereof; prescribing reporting
33 requirements as to community school program directors,
34 the center director, and the Commissioner of
35 Education, respectively; amending s. 1008.33, F.S.;
36 modifying components of a district-managed turnaround
37 plan; providing for the expiration and reversion of
38 specified statutory text; amending s. 1009.215, F.S.;
39 revising the academic terms in which certain students
40 are eligible to receive Bright Futures Scholarships;
41 providing that such students may receive scholarships
42 for the fall term for specified coursework under
43 certain circumstances; providing for the expiration
44 and reversion of specified statutory text; amending s.
45 1011.62, F.S.; modifying the manner by which the
46 virtual education contribution is calculated; removing
47 a requirement that the total allocation for the
48 federally connected student supplement be prorated
49 under certain circumstances; revising the distribution
50 formula for a certain portion of the safe schools
51 allocation; deleting obsolete language; extending for
52 1 fiscal year provisions governing the funding
53 compression allocation; creating the Florida Best and
54 Brightest Teacher and Principal Allocation; specifying
55 the purpose of the allocation; specifying the manner
56 by which funding is provided for the allocation;
57 prescribing award amounts; creating the turnaround
58 school supplemental services allocation; specifying
59 the purpose of the allocation; specifying types of
60 services that may be funded from the allocation;
61 requiring a school district to develop and submit a
62 plan to its school board before distribution of the
63 allocation; prescribing minimum requirements of the
64 school district’s plan; requiring each school district
65 to annually submit approved plans to the Commissioner
66 of Education by a specified date; specifying the basis
67 for each school district’s funding allocation;
68 providing for a school’s continued eligibility for
69 funding; providing for the expiration and reversion of
70 specified statutory text; amending s. 1011.80, F.S.;
71 removing a limitation on the maximum amount of funding
72 that may be appropriated for performance funding
73 relating to funds for the operation of workforce
74 education programs; amending s. 1011.81, F.S.;
75 removing a limitation on the maximum amount of funding
76 that may be appropriated for performance funding
77 relating to industry certifications for Florida
78 College System institutions; providing for the
79 expiration and reversion of specified statutory text;
80 amending s. 1012.731, F.S.; renaming the Florida Best
81 and Brightest Teacher Scholarship Program as the
82 Florida Best and Brightest Teacher Program; revising
83 legislative intent relating to the program; deleting
84 authority for the Department of Education to
85 administer the program; specifying the funding source
86 for the program; providing for recruitment, retention,
87 and bonus awards; providing eligibility requirements;
88 deleting a requirement for school districts to submit
89 certain information to the department; deleting a
90 requirement for the department to disburse scholarship
91 funds to certain school districts; deleting a
92 requirement that school districts award specified
93 scholarships; deleting a definition; amending s.
94 1012.732, F.S.; renaming the Florida Best and
95 Brightest Principal Scholarship Program as the Florida
96 Best and Brightest Principal Program; revising
97 legislative intent relating to the program; deleting
98 authority for the Department of Education to
99 administer the program; specifying the funding source
100 for the program; providing eligibility requirements;
101 deleting a requirement for the department to identify
102 eligible school principals and disburse funds;
103 deleting a requirement for school districts to award
104 scholarships to specified school principals; deleting
105 a requirement for school districts to provide certain
106 principals with additional authority and
107 responsibilities; deleting a definition; providing for
108 the expiration and reversion of specified statutory
109 text; amending s. 1013.62, F.S.; revising the manner
110 by which charter schools capital outlay funding is
111 appropriated; providing for the expiration and
112 reversion of specified statutory text; incorporating
113 by reference certain calculations for the Medicaid
114 Disproportionate Share Hospital program; authorizing
115 the Agency for Health Care Administration, in
116 consultation with the Department of Health, to submit
117 a budget amendment to realign funding for a component
118 of the Children’s Medical Services program to reflect
119 actual enrollment changes; specifying requirements for
120 such realignment; authorizing the agency to request
121 nonoperating budget authority for transferring certain
122 federal funds to the Department of Health; reenacting
123 s. 409.908(23), F.S., relating to the reimbursement of
124 Medicaid providers; providing for the future
125 expiration and reversion of specified statutory text;
126 requiring the Agency for Health Care Administration to
127 seek authorization from the federal Centers for
128 Medicare and Medicaid Services to eliminate the
129 Medicaid retroactive eligibility period to ensure that
130 the elimination becomes effective by a certain date;
131 amending s. 893.055, F.S.; extending for 1 fiscal year
132 a provision prohibiting the Attorney General and the
133 Department of Health from using certain settlement
134 agreement funds to administer the prescription drug
135 monitoring program; amending s. 409.911, F.S.;
136 updating the average of audited disproportionate share
137 data for purposes of calculating disproportionate
138 share payments; extending for 1 fiscal year the
139 requirement that the Agency for Health Care
140 Administration distribute moneys to hospitals that
141 provide a disproportionate share of Medicaid or
142 charity care services, as provided in the General
143 Appropriations Act; amending s. 409.9113, F.S.;
144 extending for 1 fiscal year the requirement that the
145 Agency for Health Care Administration make
146 disproportionate share payments to teaching hospitals
147 as provided in the General Appropriations Act;
148 amending s. 409.9119, F.S.; extending for 1 fiscal
149 year the requirement that the Agency for Health Care
150 Administration make disproportionate share payments to
151 certain specialty hospitals for children; authorizing
152 the Agency for Health Care Administration to submit a
153 budget amendment to realign Medicaid funding for
154 specified purposes, subject to certain limitations;
155 amending s. 381.986, F.S.; extending for 1 fiscal year
156 an exemption from legislative rule ratification
157 requirements for rules pertaining to the medical use
158 of marijuana; amending s. 381.988, F.S.; extending for
159 1 fiscal year an exemption from legislative rule
160 ratification requirements for rules pertaining to
161 medical marijuana testing laboratories; amending s.
162 383.14, F.S.; requiring the Department of Health to
163 integrate screening for spinal muscular atrophy into
164 the newborn screening testing panel; amending s. 28,
165 ch. 2016-65, Laws of Florida; authorizing the
166 contracted not-for-profit organization providing
167 elderly services in Northeast Florida to serve
168 individuals in additional counties; authorizing the
169 Department of Children and Families to submit a budget
170 amendment to realign funding for implementation of the
171 Guardianship Assistance Program; requiring the
172 Department of Children and Families to establish a
173 formula for the distribution of funds to implement the
174 Guardianship Assistance Program; amending s. 409.991,
175 F.S.; redefining the term “core services funds” to
176 include funds appropriated for the Guardianship
177 Assistance Program; amending s. 296.37, F.S.;
178 extending for 1 fiscal year a provision specifying the
179 monthly contribution to residents of a state veterans’
180 nursing home; creating the Task Force on the Criminal
181 Punishment Code adjunct to the Department of Legal
182 Affairs; providing a legislative finding; specifying
183 the task force’s purpose; requiring that the task
184 force analyze best practices; providing for membership
185 of the task force and the filling of any vacancies;
186 providing meeting requirements; providing for staff
187 support; requiring specified governmental entities to
188 provide certain information and support services upon
189 request of the Attorney General; providing for
190 reimbursement of per diem and travel expenses;
191 prescribing reporting requirements; providing for
192 dissolution of the task force; amending s. 216.262,
193 F.S.; extending for 1 fiscal year the authority of the
194 Department of Corrections to submit a budget amendment
195 for additional positions and appropriations under
196 certain circumstances; amending s. 215.18, F.S.;
197 extending for 1 fiscal year the authority and related
198 repayment requirements for temporary trust fund loans
199 to the state court system which are sufficient to meet
200 the system’s appropriation; requiring the Department
201 of Juvenile Justice to review county juvenile
202 detention payments to determine whether a county has
203 met specified financial responsibilities; requiring
204 amounts owed by the county for such financial
205 responsibilities to be deducted from certain county
206 funds; requiring the Department of Revenue to transfer
207 withheld funds to a specified trust fund; requiring
208 the Department of Revenue to ensure that such
209 reductions in amounts distributed do not reduce
210 distributions below amounts necessary for certain
211 payments due on bonds and to comply with bond
212 covenants; requiring the Department of Revenue to
213 notify the Department of Juvenile Justice if bond
214 payment requirements mandate a reduction in deductions
215 for amounts owed by a county; prohibiting the
216 Department of Juvenile Justice from providing to
217 certain nonfiscally constrained counties
218 reimbursements or credits against identified juvenile
219 detention center costs under specified circumstances;
220 prohibiting a nonfiscally constrained county from
221 applying, deducting, or receiving such reimbursements
222 or credits; amending s. 27.40, F.S.; revising
223 conditions under which the office of criminal conflict
224 and civil regional counsel may be appointed to
225 represent certain persons; revising circumstances
226 under which private counsel may be appointed; making a
227 conforming change; requiring inclusion of a specified
228 statement on uniform contracts and forms used for
229 private court-appointed counsel; modifying
230 requirements for the notice of appearance filed by a
231 court-appointed attorney; modifying conditions under
232 which a private attorney is entitled to payment;
233 providing that the flat fee for compensation of
234 private court-appointed counsel is presumed to be
235 sufficient; providing that certain records and
236 documents maintained by the court-appointed attorney
237 are subject to audit by the Auditor General; requiring
238 the Justice Administrative Commission to review such
239 records and documents before authorizing payment to
240 the court-appointed attorney; providing a rebuttable
241 presumption for certain objections made by or on
242 behalf of the Justice Administrative Commission;
243 revising the presumption in favor of the commission
244 regarding a court-appointed attorney’s waiver of the
245 right to seek compensation in excess of the flat fee;
246 providing for the expiration and reversion of
247 specified statutory text; amending s. 27.5304, F.S.;
248 providing a rebuttable presumption for certain
249 objections made by or on behalf of the Justice
250 Administrative Commission at the evidentiary hearing
251 regarding the private court-appointed counsel’s
252 compensation; increasing the length of time before the
253 hearing that certain documents must be served on the
254 commission; authorizing the commission to appear in
255 person or telephonically at such hearing; establishing
256 certain limitations on compensation for private court
257 appointed counsel for the 2019-2020 fiscal year;
258 conforming provisions to changes made by the act;
259 providing for the expiration and reversion of
260 specified statutory text; specifying that clerks of
261 the circuit court are responsible for certain costs
262 related to juries which exceed a certain funding
263 level; reenacting s. 318.18(19)(c), F.S., relating to
264 penalty amounts for traffic infractions; extending for
265 1 fiscal year the redirection of revenues from the
266 Public Defenders Revenue Trust Fund to the Indigent
267 Criminal Defense Trust Fund; reenacting s.
268 817.568(12)(b), F.S., relating to the criminal use of
269 personal identification information; extending for 1
270 fiscal year the redirection of revenues from the
271 Public Defenders Revenue Trust Fund to the Indigent
272 Criminal Defense Trust Fund; providing for the
273 expiration and reversion of specified statutory text;
274 authorizing a Supreme Court Justice to designate an
275 alternate facility as his or her official headquarters
276 for purposes of travel reimbursement; specifying
277 expenses for which a justice may be reimbursed;
278 requiring the Chief Justice to coordinate with an
279 affected justice and other appropriate officials with
280 respect to implementation; providing construction;
281 prohibiting the Supreme Court from using state funds
282 to lease space in an alternate facility for use as a
283 justice’s official headquarters; requiring the
284 Department of Management Services to use tenant broker
285 services to renegotiate or reprocure certain private
286 lease agreements for office or storage space;
287 requiring the Department of Management Services to
288 provide a report to the Governor and Legislature by a
289 specified date; specifying the amount of the
290 transaction fee to be collected for use of the online
291 procurement system; prohibiting an agency from
292 transferring funds from a data processing category to
293 another category that is not a data processing
294 category; authorizing the Executive Office of the
295 Governor to transfer funds appropriated for data
296 processing assessment between departments for a
297 specified purpose; authorizing the Executive Office of
298 the Governor to transfer funds between departments for
299 purposes of aligning amounts paid for risk management
300 insurance and for human resources services; requiring
301 the Department of Financial Services to replace
302 specified components of the Florida Accounting
303 Information Resource Subsystem (FLAIR) and the Cash
304 Management Subsystem (CMS); specifying certain actions
305 to be taken by the Department of Financial Services
306 regarding FLAIR and CMS replacement; providing for the
307 composition of an executive steering committee to
308 oversee FLAIR and CMS replacement; prescribing duties
309 and responsibilities of the executive steering
310 committee; transferring specified entities within the
311 Agency for State Technology to the Department of
312 Management Services by a type two transfer; amending
313 s. 112.061, F.S.; authorizing the Lieutenant Governor
314 to designate an alternative official headquarters if
315 certain conditions are met; specifying restrictions
316 and limitations; specifying eligibility for the
317 subsistence allowance and the reimbursement of
318 transportation expenses, and providing for the payment
319 thereof; amending s. 20.22, F.S.; extending for 1
320 fiscal year a provision requiring the Department of
321 Management Services to provide certain financial
322 management oversight to the Agency for State
323 Technology; amending s. 20.255, F.S.; extending for 1
324 fiscal year a provision designating the Department of
325 Environmental Protection as the lead executive branch
326 agency regarding geospatial data; amending s. 20.61,
327 F.S.; providing exceptions to the requirement that the
328 Agency for State Technology is not subject to control,
329 supervision, or direction by the Department of
330 Management Services; prescribing duties and
331 responsibilities of the agency’s strategic planning
332 coordinators; providing qualifications for the chief
333 data center operations officer; removing the position
334 of chief technology officer; providing for the
335 expiration and reversion of specified statutory text;
336 reenacting s. 282.0041(5), (20), and (28), F.S.,
337 relating to definitions for ch. 282, F.S.; reenacting
338 s. 282.0051(11), F.S., relating to the powers, duties,
339 and functions of the Agency for State Technology;
340 reenacting s. 282.201(2)(d), F.S., relating to the
341 state data center; providing for the expiration and
342 reversion of specified statutory text; amending s.
343 409.2567, F.S.; modifying the federally required
344 application fee for public assistance to conform to
345 federal law; providing for the expiration and
346 reversion of specified statutory text; amending s.
347 216.181, F.S.; extending for 1 fiscal year the
348 authority for the Legislative Budget Commission to
349 increase amounts appropriated to the Fish and Wildlife
350 Conservation Commission or the Department of
351 Environmental Protection for certain fixed capital
352 outlay projects from specified sources; amending s.
353 215.18, F.S.; extending for 1 fiscal year the
354 authority of the Governor, if there is a specified
355 temporary deficiency in a land acquisition trust fund
356 in the Department of Agriculture and Consumer
357 Services, the Department of Environmental Protection,
358 the Department of State, or the Fish and Wildlife
359 Conservation Commission, to transfer funds from other
360 trust funds in the State Treasury as a temporary loan
361 to such trust fund; providing a deadline for the
362 repayment of a temporary loan; requiring the
363 Department of Environmental Protection to transfer
364 designated proportions of the revenues deposited in
365 the Land Acquisition Trust Fund within the department
366 to land acquisition trust funds in the Department of
367 Agriculture and Consumer Services, the Department of
368 State, and the Fish and Wildlife Conservation
369 Commission according to specified parameters and
370 calculations; defining the term “department”;
371 requiring the Department of Environmental Protection
372 to retain a proportionate share of revenues;
373 specifying a limit on distributions; requiring the
374 Department of Environmental Protection to make
375 transfers to land acquisition trust funds; specifying
376 the method of determining transfer amounts;
377 authorizing the Department of Environmental Protection
378 to advance funds from its land acquisition trust fund
379 to the Fish and Wildlife Conservation Commission’s
380 land acquisition trust fund for specified purposes;
381 requiring the Department of Environmental Protection
382 to prorate amounts transferred to the Fish and
383 Wildlife Conservation Commission; reenacting s.
384 373.470(6)(a), F.S., relating to Everglades
385 restoration; extending for 1 fiscal year a provision
386 regarding Save Our Everglades Trust Fund distributions
387 to the South Florida Water Management District;
388 providing for the expiration and reversion of
389 specified statutory text; amending s. 216.181, F.S.;
390 authorizing the Legislative Budget Commission to
391 increase amounts appropriated to the Department of
392 Environmental Protection for fixed capital outlay
393 projects using specified funds; specifying additional
394 information to be included in budget amendments for
395 projects requiring additional funding; amending s.
396 259.105, F.S.; providing for the distribution of
397 proceeds from the Florida Forever Trust Fund for the
398 2019-2020 fiscal year; amending s. 206.9935, F.S.;
399 providing for the transfer of a specified sum from the
400 Inland Protection Trust Fund to the Water Protection
401 and Sustainability Program Trust Fund for certain
402 purposes; amending s. 373.707, F.S.; requiring water
403 management districts and basin boards to match certain
404 state funds allocated for alternative water supply
405 projects; deleting a provision requiring a water
406 management district to include certain information in
407 its budget submission; providing for the expiration
408 and reversion of specified statutory text; amending s.
409 321.04, F.S.; requiring the Department of Highway
410 Safety and Motor Vehicles to assign one or more patrol
411 officers to the office of Lieutenant Governor for
412 security purposes, upon request of the Governor;
413 extending for 1 fiscal year the requirement that the
414 Department of Highway Safety and Motor Vehicles assign
415 a patrol officer to a Cabinet member under certain
416 circumstances; amending s. 420.9079, F.S.; authorizing
417 funds in the Local Government Housing Trust Fund to be
418 used as provided in the General Appropriations Act;
419 amending s. 420.0005, F.S.; authorizing certain funds
420 related to state housing to be used as provided in the
421 General Appropriations Act; amending s. 339.135, F.S.;
422 authorizing the chair and vice chair of the
423 Legislative Budget Commission to approve the
424 Department of Transportation’s budget amendment under
425 specified circumstances; amending s. 339.2818, F.S.;
426 authorizing certain counties and municipalities to
427 compete for additional funds for specified purposes
428 related to Hurricane Michael recovery; amending s.
429 216.292, F.S.; extending for 1 fiscal year a provision
430 prescribing requirements for the review of certain
431 transfers of appropriations; requiring the Department
432 of Management Services to maintain and offer the same
433 health insurance options for participants of the State
434 Group Health Insurance Program for the 2019-2020
435 fiscal year as for the preceding fiscal year;
436 prohibiting a state agency from initiating a
437 competitive solicitation for a product or service
438 under certain circumstances; providing an exception;
439 amending s. 112.24, F.S.; extending for 1 fiscal year
440 the authorization, subject to specified requirements,
441 for the assignment of an employee of a state agency
442 under an employee interchange agreement; providing
443 that the annual salaries of the members of the
444 Legislature be maintained at a specified level;
445 reenacting s. 215.32(2)(b), F.S., relating to the
446 source and use of certain trust funds; providing for
447 the future expiration and reversion of statutory text;
448 limiting the use of travel funds to activities that
449 are critical to an agency’s mission; providing
450 exceptions; prohibiting state agencies from entering
451 into contracts containing certain nondisclosure
452 agreements; providing conditions under which the veto
453 of certain appropriations or proviso language in the
454 General Appropriations Act voids language that
455 implements such appropriation; providing for the
456 continued operation of certain provisions
457 notwithstanding a future repeal or expiration provided
458 by the act; providing severability; providing
459 effective dates.
460
461 Be It Enacted by the Legislature of the State of Florida:
462
463 Section 1. It is the intent of the Legislature that the
464 implementing and administering provisions of this act apply to
465 the General Appropriations Act for the 2019-2020 fiscal year.
466 Section 2. In order to implement Specific Appropriations 6,
467 7, 8, 93, and 94 of the 2019-2020 General Appropriations Act,
468 the calculations of the Florida Education Finance Program for
469 the 2019-2020 fiscal year included in the document titled
470 “Public School Funding: The Florida Education Finance Program,”
471 dated March 28, 2019, and filed with the Secretary of the
472 Senate, are incorporated by reference for the purpose of
473 displaying the calculations used by the Legislature, consistent
474 with the requirements of state law, in making appropriations for
475 the Florida Education Finance Program. This section expires July
476 1, 2020.
477 Section 3. In order to implement Specific Appropriations 6
478 and 93 of the 2019-2020 General Appropriations Act, and
479 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
480 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
481 expenditure of funds provided for instructional materials, for
482 the 2019-2020 fiscal year, funds provided for instructional
483 materials shall be released and expended as required in the
484 proviso language for Specific Appropriation 93 of the 2019-2020
485 General Appropriations Act. This section expires July 1, 2020.
486 Section 4. In order to implement Specific Appropriations 6,
487 93, and 112 and Sections 14 and 15 of the 2019-2020 General
488 Appropriations Act, subsection (8) of section 1001.292, Florida
489 Statutes, is amended to read:
490 1001.292 Schools of Hope Revolving Loan Program.—
491 (8) Notwithstanding s. 216.301 and pursuant to s. 216.351,
492 funds allocated for this purpose which are not disbursed by June
493 30 of the fiscal year in which the funds are allocated may be
494 carried forward for up to 5 years after the effective date of
495 the original appropriation.
496 Section 5. In order to implement Specific Appropriations 6
497 and 93 of the 2019-2020 General Appropriations Act, subsection
498 (10) of section 1002.333, Florida Statutes, is amended to read:
499 1002.333 Persistently low-performing schools.—
500 (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
501 is created within the Department of Education.
502 (a) A school of hope is eligible to receive funds from the
503 Schools of Hope Program for the following expenditures:
504 (a)1. Preparing teachers, school leaders, and specialized
505 instructional support personnel, including costs associated
506 with:
507 1.a. Providing professional development.
508 2.b. Hiring and compensating teachers, school leaders, and
509 specialized instructional support personnel for services beyond
510 the school day and year.
511 (b)2. Acquiring supplies, training, equipment, and
512 educational materials, including developing and acquiring
513 instructional materials.
514 (c)3. Providing one-time startup costs associated with
515 providing transportation to students to and from the charter
516 school.
517 (d)4. Carrying out community engagement activities, which
518 may include paying the cost of student and staff recruitment.
519 (e)5. Providing funds to cover the nonvoted ad valorem
520 millage that would otherwise be required for schools and the
521 required local effort funds calculated pursuant to s. 1011.62
522 when the state board enters into an agreement with a hope
523 operator pursuant to subsection (5).
524 (b) A traditional public school that is required to submit
525 a plan for implementation pursuant to s. 1008.33(4) is eligible
526 to receive up to $2,000 per full-time equivalent student from
527 the Schools of Hope Program based upon the strength of the
528 school’s plan for implementation and its focus on evidence-based
529 interventions that lead to student success by providing wrap
530 around services that leverage community assets, improve school
531 and community collaboration, and develop family and community
532 partnerships. Wrap-around services include, but are not limited
533 to, tutorial and after-school programs, student counseling,
534 nutrition education, parental counseling, and adult education.
535 Plans for implementation may also include models that develop a
536 culture of attending college, high academic expectations,
537 character development, dress codes, and an extended school day
538 and school year. At a minimum, a plan for implementation must:
539 1. Establish wrap-around services that develop family and
540 community partnerships.
541 2. Establish clearly defined and measurable high academic
542 and character standards.
543 3. Increase parental involvement and engagement in the
544 child’s education.
545 4. Describe how the school district will identify, recruit,
546 retain, and reward instructional personnel. The state board may
547 waive the requirements of s. 1012.22(1)(c)5., and suspend the
548 requirements of s. 1012.34, to facilitate implementation of the
549 plan.
550 5. Identify a knowledge-rich curriculum that the school
551 will use that focuses on developing a student’s background
552 knowledge.
553 6. Provide professional development that focuses on
554 academic rigor, direct instruction, and creating high academic
555 and character standards.
556 (c) The state board shall:
557 1. Provide awards for up to 25 schools and prioritize
558 awards for plans submitted pursuant to paragraph (b) that are
559 based on whole school transformation and that are developed in
560 consultation with the school’s principal.
561 2. Annually report on the implementation of this subsection
562 in the report required by s. 1008.345(5), and provide summarized
563 academic performance reports of each traditional public school
564 receiving funds.
565 (d) Notwithstanding s. 216.301 and pursuant to s. 216.351,
566 funds allocated for the purpose of this subsection which are not
567 disbursed by June 30 of the fiscal year in which the funds are
568 allocated may be carried forward for up to 5 years after the
569 effective date of the original appropriation.
570 Section 6. The amendments to ss. 1001.292(8) and
571 1002.333(10), Florida Statutes, by this act, expire July 1,
572 2020, and the text of those subsections shall revert to that in
573 existence on June 30, 2019, except that any amendments to such
574 text enacted other than by this act shall be preserved and
575 continue to operate to the extent that such amendments are not
576 dependent upon the portions of text which expire pursuant to
577 this section.
578 Section 7. In order to implement Specific Appropriation
579 112A of the 2019-2020 General Appropriations Act, part VII of
580 chapter 1003, Florida Statutes, consisting of section 1003.64,
581 Florida Statutes, is created and entitled “Public School
582 Innovation.”
583 1003.64 Community School Grant Program.—It is the intent of
584 the Legislature to improve student success and well-being by
585 engaging and supporting parents and community organizations in
586 their efforts to positively impact student learning and
587 development.
588 (1) PURPOSE.—The Community School Grant Program is
589 established within the Department of Education to fund and
590 support the planning and implementation of community school
591 programs, subject to legislative appropriation.
592 (2) DEFINITIONS.—As used in this section, the term:
593 (a) “Center for Community Schools” means the center
594 established within the University of Central Florida.
595 (b) “Community organization” means a nonprofit organization
596 that has been in existence for at least 3 years and serves
597 individuals within the county in which a community school is
598 located.
599 (3) COMMUNITY SCHOOL.—
600 (a) A community school is a public school that receives a
601 grant under this section and partners with a community
602 organization, a university or college, and a health care
603 provider, to implement programs beyond the standard hours of
604 instruction which may include, but are not limited to, student
605 enrichment activities such as job training, internship
606 opportunities, and career counseling services; wellness
607 services; and family engagement programs.
608 (b) Each community school must designate a person of its
609 choosing as the community school program director. A community
610 school program director shall coordinate with the partners
611 specified under paragraph (a) to:
612 1. Facilitate the implementation of a community school
613 program.
614 2. Comply with the reporting requirements under paragraph
615 (5)(a).
616 (4) CENTER FOR COMMUNITY SCHOOLS.—The Center for Community
617 Schools is established within the University of Central Florida.
618 A center director shall head the Center for Community Schools.
619 At a minimum, the center director shall:
620 (a) Disseminate information about community schools to
621 community organizations; district school boards; state
622 universities and Florida College System institutions; and
623 independent, not-for-profit colleges and universities located
624 and chartered in this state which are accredited by the
625 Commission on Colleges of the Southern Association of Colleges
626 and Schools and are eligible to participate in the William L.
627 Boyd, IV, Effective Access to Student Education Grant Program.
628 (b) Coordinate, facilitate, and oversee the implementation
629 of community schools that receive a grant under this section,
630 and submit an annual report to the commissioner pursuant to
631 paragraph (5)(b).
632 (c) Publish on the center’s website the application form
633 for:
634 1. Implementing a community school program.
635 2. Certification by the center as a community school.
636 (d) Publish on the center’s website the process and
637 criteria for:
638 1. Approving the application for implementing a community
639 school program under subparagraph (c)1.
640 2. Awarding the certification under subparagraph (c)2.
641 (e) Establish a process to administer grant funds awarded
642 under this section.
643 (f) Promote best practices and provide technical assistance
644 about community schools to community school program directors.
645 (5) REPORTS.—
646 (a) By July 1 of each year, each community school program
647 director shall submit a report to the center which includes, at
648 a minimum, the following information:
649 1. An assessment of the effectiveness of the community
650 school program in improving student success outcomes;
651 2. Any issues encountered in the design and execution of
652 the community school program;
653 3. Recommendations for improving the delivery of services
654 to students, families, and community members under the program;
655 4. The number of students, families, and community members
656 served under the program; and
657 5. Any other information requested by the center director.
658 (b) The center director shall review the reports submitted
659 pursuant to paragraph (a) and, by August 15 of each year, shall
660 provide to the commissioner:
661 1. A summary of the information reported by each community
662 school that receives a grant under this section; and
663 2. Recommendations for policy and funding investments to
664 improve the implementation and oversight of community school
665 programs and to remove any barriers to the expansion of
666 community schools.
667 (c) The commissioner shall review the summary and
668 recommendations submitted by the center director under paragraph
669 (b) and, by September 30 of each year, shall submit a report to
670 the Governor, the President of the Senate, and the Speaker of
671 the House of Representatives. The annual report submitted by the
672 commissioner must, at a minimum, include information on the
673 status of community schools and his or her recommendations for
674 policy and funding investments to improve and expand community
675 schools.
676 (6) EXPIRATION.—This section expires July 1, 2020.
677 Section 8. In order to implement Specific Appropriations 6
678 and 93 of the 2019-2020 General Appropriations Act, subsection
679 (4) of section 1008.33, Florida Statutes, is amended to read:
680 1008.33 Authority to enforce public school improvement.—
681 (4)(a) The state board shall apply intensive intervention
682 and support strategies tailored to the needs of schools earning
683 two consecutive grades of “D” or a grade of “F.” In the first
684 full school year after a school initially earns two consecutive
685 grades of “D” or a grade of “F,” the school district must
686 immediately implement intervention and support strategies
687 prescribed in rule under paragraph (3)(c) and, by September 1,
688 provide the department with the memorandum of understanding
689 negotiated pursuant to s. 1001.42(21) and, by October 1, a
690 district-managed turnaround plan for approval by the state
691 board. The district-managed turnaround plan may include a
692 proposal for the district to implement an extended school day, a
693 summer program, or a combination of an extended school day and
694 summer program. Upon approval by the state board, the school
695 district must implement the plan for the remainder of the school
696 year and continue the plan for 1 full school year. The state
697 board may allow a school an additional year of implementation
698 before the school must implement a turnaround option required
699 under paragraph (b) if it determines that the school is likely
700 to improve to a grade of “C” or higher after the first full
701 school year of implementation.
702 (b) Unless an additional year of implementation is provided
703 pursuant to paragraph (a), a school that earns three consecutive
704 grades below a “C” must implement one of the following:
705 1. Reassign students to another school and monitor the
706 progress of each reassigned student;
707 2. Close the school and reopen the school as one or more
708 charter schools, each with a governing board that has a
709 demonstrated record of effectiveness; or
710 3. Contract with an outside entity that has a demonstrated
711 record of effectiveness to operate the school. An outside entity
712 may include a district-managed charter school in which all
713 instructional personnel are not employees of the school
714 district, but are employees of an independent governing board
715 composed of members who did not participate in the review or
716 approval of the charter.
717 (c) Implementation of the turnaround option is no longer
718 required if the school improves to a grade of “C” or higher.
719 (d) If a school earning two consecutive grades of “D” or a
720 grade of “F” does not improve to a grade of “C” or higher after
721 2 full school years of implementing the turnaround option
722 selected by the school district under paragraph (b), the school
723 district must implement another turnaround option.
724 Implementation of the turnaround option must begin the school
725 year following the implementation period of the existing
726 turnaround option, unless the state board determines that the
727 school is likely to improve to a grade of “C” or higher if
728 additional time is provided to implement the existing turnaround
729 option.
730 Section 9. The amendment to s. 1008.33(4), Florida
731 Statutes, by this act expires July 1, 2020, and the text of that
732 subsection shall revert to that in existence on June 30, 2019,
733 except that any amendments to such text enacted other than by
734 this act shall be preserved and continue to operate to the
735 extent that such amendments are not dependent upon the portions
736 of text which expire pursuant to this section.
737 Section 10. Effective July 1, 2019, upon the expiration and
738 reversion of the amendment made to section 1009.215, Florida
739 Statutes, pursuant to section 13 of chapter 2018-10, Laws of
740 Florida, and in order to implement Specific Appropriation 4 of
741 the 2019-2020 General Appropriations Act, subsection (3) of
742 section 1009.215, Florida Statutes, is amended to read:
743 1009.215 Student enrollment pilot program for the spring
744 and summer terms.—
745 (3) Students who are enrolled in the pilot program and who
746 are eligible to receive Bright Futures Scholarships under ss.
747 1009.53-1009.536 are shall be eligible to receive the
748 scholarship award for attendance during the spring and summer
749 terms. This student cohort is also eligible to receive Bright
750 Futures Scholarships during the fall term, which may be used for
751 off-campus or online coursework, if Bright Futures Scholarship
752 funding is provided by the Legislature for three terms for other
753 eligible students during that academic year no more than 2
754 semesters or the equivalent in any fiscal year, including the
755 summer term.
756 Section 11. The amendment to s. 1009.215(3), Florida
757 Statutes, by this act, expires July 1, 2020, and the text of
758 that subsection shall revert to that in existence on June 30,
759 2018, except that any amendments to such text enacted other than
760 by this act shall be preserved and continue to operate to the
761 extent that such amendments are not dependent upon the portions
762 of text which expire pursuant to this section.
763 Section 12. In order to implement Specific Appropriations 6
764 and 93 of the 2019-2020 General Appropriations Act, subsection
765 (11), paragraph (d) of subsection (13), and subsections (15) and
766 (17) of section 1011.62, Florida Statutes, are amended, and
767 subsections (20) and (21) are added to that section, to read:
768 1011.62 Funds for operation of schools.—If the annual
769 allocation from the Florida Education Finance Program to each
770 district for operation of schools is not determined in the
771 annual appropriations act or the substantive bill implementing
772 the annual appropriations act, it shall be determined as
773 follows:
774 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
775 annually provide in the Florida Education Finance Program a
776 virtual education contribution. The amount of the virtual
777 education contribution shall be the difference between the
778 amount per FTE established in the General Appropriations Act for
779 virtual education and the amount per FTE for each district and
780 the Florida Virtual School, which may be calculated by taking
781 the sum of the base FEFP allocation, the discretionary local
782 effort, the state-funded discretionary contribution, the
783 discretionary millage compression supplement, the research-based
784 reading instruction allocation, best and brightest teacher and
785 principal allocation, and the instructional materials
786 allocation, and then dividing by the total unweighted FTE. This
787 difference shall be multiplied by the virtual education
788 unweighted FTE for programs and options identified in s.
789 1002.455 and the Florida Virtual School and its franchises to
790 equal the virtual education contribution and shall be included
791 as a separate allocation in the funding formula.
792 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
793 connected student supplement is created to provide supplemental
794 funding for school districts to support the education of
795 students connected with federally owned military installations,
796 National Aeronautics and Space Administration (NASA) real
797 property, and Indian lands. To be eligible for this supplement,
798 the district must be eligible for federal Impact Aid Program
799 funds under s. 8003 of Title VIII of the Elementary and
800 Secondary Education Act of 1965. The supplement shall be
801 allocated annually to each eligible school district in the
802 General Appropriations Act. The supplement shall be the sum of
803 the student allocation and an exempt property allocation.
804 (d) The amount allocated for each eligible school district
805 shall be recalculated during the year using actual student
806 membership, as amended, from the most recent February survey and
807 the tax-exempt valuation from the most recent assessment roll.
808 Upon recalculation, if the total allocation is greater than the
809 amount provided in the General Appropriations Act, it must be
810 prorated to the level of the appropriation based on each
811 district’s share of the total recalculated amount.
812 (15) SAFE SCHOOLS ALLOCATION.—A safe schools allocation is
813 created to provide funding to assist school districts in their
814 compliance with s. 1006.07, with priority given to implementing
815 the district’s school resource officer program pursuant to s.
816 1006.12. Each school district shall receive a minimum safe
817 schools allocation in an amount provided in the General
818 Appropriations Act. Of the remaining balance of the safe schools
819 allocation, one-third two-thirds shall be allocated to school
820 districts based on the most recent official Florida Crime Index
821 provided by the Department of Law Enforcement and two-thirds
822 one-third shall be allocated based on each school district’s
823 proportionate share of the state’s total unweighted full-time
824 equivalent student enrollment. Any additional funds appropriated
825 to this allocation in the 2018-2019 fiscal year to the school
826 resource officer program established pursuant to s. 1006.12
827 shall be used exclusively for employing or contracting for
828 school resource officers, which shall be in addition to the
829 number of officers employed or contracted for in the 2017-2018
830 fiscal year.
831 (17) FUNDING COMPRESSION ALLOCATION.—The Legislature may
832 provide an annual funding compression allocation in the General
833 Appropriations Act. The allocation is created to provide
834 additional funding to school districts and developmental
835 research schools whose total funds per FTE in the prior year
836 were less than the statewide average. Using the most recent
837 prior year FEFP calculation for each eligible school district,
838 the total funds per FTE shall be subtracted from the state
839 average funds per FTE, not including any adjustments made
840 pursuant to paragraph (18)(b). The resulting funds per FTE
841 difference, or a portion thereof, as designated in the General
842 Appropriations Act, shall then be multiplied by the school
843 district’s total unweighted FTE to provide the allocation. If
844 the calculated funds are greater than the amount included in the
845 General Appropriations Act, they must be prorated to the
846 appropriation amount based on each participating school
847 district’s share. This subsection expires July 1, 2020 2019.
848 (20) FLORIDA BEST AND BRIGHTEST TEACHER AND PRINCIPAL
849 ALLOCATION.—
850 (a) The Florida Best and Brightest Teacher and Principal
851 Allocation is created to recruit, retain, and recognize
852 classroom teachers who meet the criteria established in s.
853 1012.731 and reward principals who meet the criteria established
854 in s. 1012.732. Subject to annual appropriation, each school
855 district shall receive an allocation based on the district’s
856 proportionate share of FEFP base funding. The Legislature may
857 specify a minimum allocation for all districts in the General
858 Appropriations Act.
859 (b) From the allocation, each district shall provide the
860 following for eligible classroom teachers:
861 1. A one-time recruitment award, as provided in s.
862 1012.731(3)(a);
863 2. A retention award, as provided in s. 1012.731(3)(b); and
864 3. A recognition award, as provided in s. 1012.731(3)(c),
865 from the remaining balance of the appropriation after the
866 payment of all other awards authorized under ss. 1012.731 and
867 1012.732.
868 (c) From the allocation, each district shall provide
869 eligible principals an award as provided in s. 1012.732(4).
870 (d) This subsection expires July 1, 2020.
871 (21) TURNAROUND SCHOOL SUPPLEMENTAL SERVICES ALLOCATION.
872 The turnaround school supplemental services allocation is
873 created to provide district-managed turnaround schools, as
874 identified in s. 1008.33(4)(a), schools that earn three
875 consecutive grades below a “C,” as identified in s.
876 1008.33(4)(b)3., and schools that have improved to a “C” and are
877 no longer in turnaround status, as identified in s.
878 1008.33(4)(c), with funds to offer services designed to improve
879 the overall academic and community welfare of the schools’
880 students and their families.
881 (a) Services funded by the allocation may include, but are
882 not limited to, tutorial and after-school programs, student
883 counseling, nutrition education, parental counseling, and an
884 extended school day and school year. In addition, services may
885 include models that develop a culture that encourages students
886 to complete high school and to attend college or career
887 training, set high academic expectations, and inspire character
888 development.
889 (b) Before distribution of the allocation, the school
890 district shall develop and submit a plan for implementation to
891 its school board for approval no later than August 1 of each
892 fiscal year.
893 (c) At a minimum, the plan required under paragraph (b)
894 must:
895 1. Establish comprehensive support services that develop
896 family and community partnerships;
897 2. Establish clearly defined and measurable high academic
898 and character standards;
899 3. Increase parental involvement and engagement in the
900 child’s education;
901 4. Describe how instructional personnel will be identified,
902 recruited, retained, and rewarded;
903 5. Provide professional development that focuses on
904 academic rigor, direct instruction, and creating high academic
905 and character standards;
906 6. Provide focused instruction to improve student academic
907 proficiency, which may include additional instruction time
908 beyond the normal school day or school year; and
909 7. Include a strategy for continuing to provide services
910 after the school is no longer in turnaround status by virtue of
911 achieving a grade of “C” or higher.
912 (d) Each school district shall submit its approved plans to
913 the commissioner by September 1 of each fiscal year.
914 (e) Subject to legislative appropriation, each school
915 district’s allocation must be based on the unweighted FTE
916 student enrollment at the eligible schools and a per-FTE funding
917 amount of $500 or as provided in the General Appropriations Act.
918 The supplement provided in the General Appropriations Act shall
919 be based on the most recent school grades and shall serve as a
920 proxy for the official calculation. Once school grades are
921 available for the school year immediately preceding the fiscal
922 year coinciding with the appropriation, the supplement shall be
923 recalculated for the official participating schools as part of
924 the subsequent FEFP calculation. The commissioner may prepare a
925 preliminary calculation so that districts may proceed with
926 timely planning and use of the funds. If the calculated funds
927 for the statewide allocation exceed the funds appropriated, the
928 allocation of funds to each school district must be prorated
929 based on each school district’s share of the total unweighted
930 FTE student enrollment for the eligible schools.
931 (f) Subject to legislative appropriation, each school shall
932 remain eligible to receive the allocation for a maximum of 4
933 consecutive fiscal years while implementing a turnaround option
934 pursuant to s. 1008.33(4). In addition, a school that improves
935 to a grade of “C” or higher remains eligible to receive the
936 allocation for a maximum of 2 consecutive fiscal years after
937 exiting turnaround status.
938 (g) This subsection expires July 1, 2020.
939 Section 13. The amendments to s. 1011.62(11), (13)(d), and
940 (15), Florida Statutes, by this act expire July 1, 2020, and the
941 text of those subsections or that paragraph, respectively, shall
942 revert to that in existence on June 30, 2019, except that any
943 amendments to such text enacted other than by this act shall be
944 preserved and continue to operate to the extent that such
945 amendments are not dependent upon the portions of text which
946 expire pursuant to this section.
947 Section 14. In order to implement Specific Appropriation
948 123 of the 2019-2020 General Appropriations Act, paragraph (b)
949 of subsection (6) of section 1011.80, Florida Statutes, is
950 amended to read:
951 1011.80 Funds for operation of workforce education
952 programs.—
953 (6)
954 (b) Performance funding for industry certifications for
955 school district workforce education programs is contingent upon
956 specific appropriation in the General Appropriations Act and
957 shall be determined as follows:
958 1. Occupational areas for which industry certifications may
959 be earned, as established in the General Appropriations Act, are
960 eligible for performance funding. Priority shall be given to the
961 occupational areas emphasized in state, national, or corporate
962 grants provided to Florida educational institutions.
963 2. The Chancellor of Career and Adult Education shall
964 identify the industry certifications eligible for funding on the
965 CAPE Postsecondary Industry Certification Funding List approved
966 by the State Board of Education pursuant to s. 1008.44, based on
967 the occupational areas specified in the General Appropriations
968 Act.
969 3. Each school district shall be provided $1,000 for each
970 industry certification earned by a workforce education student.
971 The maximum amount of funding appropriated for performance
972 funding pursuant to this paragraph shall be limited to $15
973 million annually. If funds are insufficient to fully fund the
974 calculated total award, such funds shall be prorated.
975 Section 15. In order to implement Specific Appropriation
976 128 of the 2019-2020 General Appropriations Act, paragraph (c)
977 of subsection (2) of section 1011.81, Florida Statutes, is
978 amended to read:
979 1011.81 Florida College System Program Fund.—
980 (2) Performance funding for industry certifications for
981 Florida College System institutions is contingent upon specific
982 appropriation in the General Appropriations Act and shall be
983 determined as follows:
984 (c) Each Florida College System institution shall be
985 provided $1,000 for each industry certification earned by a
986 student. The maximum amount of funding appropriated for
987 performance funding pursuant to this subsection shall be limited
988 to $15 million annually. If funds are insufficient to fully fund
989 the calculated total award, such funds shall be prorated.
990 Section 16. The amendments to s. 1011.80(6)(b) and s.
991 1011.81(2)(c), Florida Statutes, by this act expire July 1,
992 2020, and the text of those paragraphs shall revert to that in
993 existence on June 30, 2019, except that any amendments to such
994 text enacted other than by this act shall be preserved and
995 continue to operate to the extent that such amendments are not
996 dependent upon the portions of text which expire pursuant to
997 this section.
998 Section 17. In order to implement Specific Appropriations 6
999 and 93 of the 2019-2020 General Appropriations Act, section
1000 1012.731, Florida Statutes, is amended to read:
1001 1012.731 The Florida Best and Brightest Teacher Scholarship
1002 Program.—
1003 (1) The Legislature recognizes that, second only to
1004 parents, teachers play the most critical role within schools in
1005 preparing students to achieve a high level of academic
1006 performance. The Legislature further recognizes that research
1007 has linked student outcomes to a teacher’s own academic
1008 achievement. Therefore, it is the intent of the Legislature to
1009 recruit, retain, and recognize designate teachers who meet the
1010 needs of this state and have achieved success in the classroom
1011 high academic standards during their own education as Florida’s
1012 best and brightest teacher scholars.
1013 (2) There is created The Florida Best and Brightest Teacher
1014 Scholarship Program is created to be administered by the
1015 Department of Education. The scholarship program shall provide
1016 categorical funding for scholarships to recruitment, retention,
1017 and recognition awards be awarded to classroom teachers, as
1018 defined in s. 1012.01(2)(a), to be funded as provided in s.
1019 1011.62(20) who have demonstrated a high level of academic
1020 achievement.
1021 (3)(a) To be eligible for a one-time recruitment award as
1022 specified in the General Appropriations Act, a newly-hired
1023 teacher must be a content expert, based on criteria established
1024 by the department, in mathematics, science, computer science,
1025 reading, or civics. scholarship in the amount of $6,000, a
1026 classroom teacher must:
1027 1. Have achieved a composite score at or above the 80th
1028 percentile on either the SAT or the ACT based on the National
1029 Percentile Ranks in effect when the classroom teacher took the
1030 assessment and have been evaluated as highly effective pursuant
1031 to s. 1012.34 in the school year immediately preceding the year
1032 in which the scholarship will be awarded, unless the classroom
1033 teacher is newly hired by the district school board and has not
1034 been evaluated pursuant to s. 1012.34.
1035 2. Beginning with the 2020-2021 school year, have achieved
1036 a composite score at or above the 77th percentile or, if the
1037 classroom teacher graduated cum laude or higher with a
1038 baccalaureate degree, the 71st percentile on either the SAT,
1039 ACT, GRE, LSAT, GMAT, or MCAT based on the National Percentile
1040 Ranks in effect when the classroom teacher took the assessment;
1041 and have been evaluated as highly effective pursuant to s.
1042 1012.34, or have been evaluated as highly effective based on a
1043 commissioner-approved student learning growth formula pursuant
1044 to s. 1012.34(8), in the school year immediately preceding the
1045 year in which the scholarship will be awarded, unless the
1046 classroom teacher is newly hired by the district school board
1047 and has not been evaluated pursuant to s. 1012.34.
1048 (b) To be eligible for a retention award as specified in
1049 the General Appropriations Act, a teacher must have been rated
1050 as highly effective or effective the preceding year pursuant to
1051 s. 1012.34, and teach in a school for 2 consecutive school
1052 years, including the current year, that has improved an average
1053 of 3 percentage points or more in the percentage of total
1054 possible points achieved for determining school grades over the
1055 prior 3 years.
1056 1. In order to demonstrate eligibility for an award, an
1057 eligible classroom teacher must submit to the school district,
1058 no later than November 1, an official record of his or her
1059 qualifying assessment score and, beginning with the 2020-2021
1060 school year, an official transcript demonstrating that he or she
1061 graduated cum laude or higher with a baccalaureate degree, if
1062 applicable. Once a classroom teacher is deemed eligible by the
1063 school district, the teacher shall remain eligible as long as he
1064 or she remains employed by the school district as a classroom
1065 teacher at the time of the award and receives an annual
1066 performance evaluation rating of highly effective pursuant to s.
1067 1012.34 or is evaluated as highly effective based on a
1068 commissioner-approved student learning growth formula pursuant
1069 to s. 1012.34(8) for the 2019-2020 school year or thereafter.
1070 2. A school district employee who is no longer a classroom
1071 teacher may receive an award if the employee was a classroom
1072 teacher in the prior school year, was rated highly effective,
1073 and met the requirements of this section as a classroom teacher.
1074 (c) To be eligible for a recognition award, a teacher must
1075 be rated as highly effective and be selected by his or her
1076 school principal, based on performance criteria and policies
1077 adopted by the district school board. Recognition awards must be
1078 provided from funds remaining from the allocation provided under
1079 s. 1011.62(20) after the payment of all teacher recruitment and
1080 retention awards and principal awards authorized under this
1081 section and the General Appropriations Act. Notwithstanding the
1082 requirements of this subsection, for the 2017-2018, 2018-2019,
1083 and 2019-2020 school years, any classroom teacher who:
1084 1. Was evaluated as highly effective pursuant to s. 1012.34
1085 in the school year immediately preceding the year in which the
1086 scholarship will be awarded shall receive a scholarship of
1087 $1200, including a classroom teacher who received an award
1088 pursuant to paragraph (a).
1089 2. Was evaluated as effective pursuant to s. 1012.34 in the
1090 school year immediately preceding the year in which the
1091 scholarship will be awarded a scholarship of up to $800. If the
1092 number of eligible classroom teachers under this subparagraph
1093 exceeds the total allocation, the department shall prorate the
1094 per-teacher scholarship amount.
1095
1096 This paragraph expires July 1, 2020.
1097 (4) Annually, by December 1, each school district shall
1098 submit to the department:
1099 (a) The number of eligible classroom teachers who qualify
1100 for the scholarship.
1101 (b) The name and master school identification number (MSID)
1102 of each school in the district to which an eligible classroom
1103 teacher is assigned.
1104 (c) The name of the school principal of each eligible
1105 classroom teacher’s school if he or she has served as the
1106 school’s principal for at least 2 consecutive school years
1107 including the current school year.
1108 (5) Annually, by February 1, the department shall disburse
1109 scholarship funds to each school district for each eligible
1110 classroom teacher to receive a scholarship in accordance with
1111 this section.
1112 (6) Annually, by April 1, each school district shall award
1113 the scholarship to each eligible classroom teacher.
1114 (7) For purposes of this section, the term “school
1115 district” includes the Florida School for the Deaf and the Blind
1116 and charter school governing boards.
1117 Section 18. In order to implement Specific Appropriations 6
1118 and 93 of the 2019-2020 General Appropriations Act, section
1119 1012.732, Florida Statutes, is amended to read:
1120 1012.732 The Florida Best and Brightest Principal
1121 Scholarship Program.—
1122 (1) The Legislature recognizes that the most effective
1123 school principals establish a safe and supportive school
1124 environment for students and faculty. Research shows that these
1125 principals increase student learning by providing opportunities
1126 for the professional growth, collaboration, and autonomy that
1127 classroom teachers need to become and remain highly effective
1128 educational professionals. As a result, these principals are
1129 able to recruit and retain more of the best classroom teachers
1130 and improve student outcomes at their schools, including schools
1131 serving low-income and high-need student populations. Therefore,
1132 it is the intent of the Legislature to designate school
1133 principals whose schools make noticeable academic improvement
1134 school faculty has a high percentage of classroom teachers who
1135 are designated as Florida’s best and brightest teacher scholars
1136 pursuant to s. 1012.731 as Florida’s best and brightest
1137 principals.
1138 (2) There is created The Florida Best and Brightest
1139 Principal Scholarship Program is created to be administered by
1140 the Department of Education. The program shall provide awards to
1141 categorical funding for scholarships to be awarded to school
1142 principals, as defined in s. 1012.01(3)(c)1., to be funded as
1143 provided in s. 1011.62(20) who have recruited and retained a
1144 high percentage of best and brightest teachers.
1145 (3) A school principal identified pursuant to s.
1146 1012.731(4)(c) is eligible to receive an award, as specified in
1147 the General Appropriations Act, a scholarship under this section
1148 if he or she has served as school principal at his or her school
1149 for at least 4 2 consecutive school years including the current
1150 school year and the school has improved an average of 3
1151 percentage points or more in the percentage of total possible
1152 points achieved for determining school grades over the prior 3
1153 years his or her school has a ratio of best and brightest
1154 teachers to other classroom teachers that is at the 80th
1155 percentile or higher for schools within the same grade group,
1156 statewide, including elementary schools, middle schools, high
1157 schools, and schools with a combination of grade levels.
1158 (4) Annually, by February 1, the department shall identify
1159 eligible school principals and disburse funds to each school
1160 district for each eligible school principal to receive a
1161 scholarship. A scholarship of $5,000 must be awarded to every
1162 eligible school principal assigned to a Title I school and a
1163 scholarship of $4,000 to every eligible school principal who is
1164 not assigned to a Title I school.
1165 (5) Annually, by April 1, each school district must award a
1166 scholarship to each eligible school principal.
1167 (6) A school district must provide a best and brightest
1168 principal with the additional authority and responsibilities
1169 provided in s. 1012.28(8) for a minimum of 2 years.
1170 (7) For purposes of this section, the term “school
1171 district” includes the Florida School for the Deaf and the Blind
1172 and charter school governing boards.
1173 Section 19. The amendments to ss. 1012.731 and 1012.732,
1174 Florida Statutes, by this act expire July 1, 2020, and the text
1175 of those sections shall revert to that in existence on June 30,
1176 2019, except that any amendments to such text enacted other than
1177 by this act shall be preserved and continue to operate to the
1178 extent that such amendments are not dependent upon the portions
1179 of text which expire pursuant to this section.
1180 Section 20. In order to implement Specific Appropriation 18
1181 of the 2019-2020 General Appropriations Act, subsection (1) of
1182 section 1013.62, Florida Statutes, is amended to read:
1183 1013.62 Charter schools capital outlay funding.—
1184 (1) For the 2019-2020 2018-2019 fiscal year, charter school
1185 capital outlay funding shall consist of state funds appropriated
1186 in the 2019-2020 2018-2019 General Appropriations Act. Beginning
1187 in fiscal year 2020-2021 2019-2020, charter school capital
1188 outlay funding shall consist of state funds when such funds are
1189 appropriated in the General Appropriations Act and revenue
1190 resulting from the discretionary millage authorized in s.
1191 1011.71(2) if the amount of state funds appropriated for charter
1192 school capital outlay in any fiscal year is less than the
1193 average charter school capital outlay funds per unweighted full
1194 time equivalent student for the 2018-2019 fiscal year,
1195 multiplied by the estimated number of charter school students
1196 for the applicable fiscal year, and adjusted by changes in the
1197 Consumer Price Index issued by the United States Department of
1198 Labor from the previous fiscal year. Nothing in this subsection
1199 prohibits a school district from distributing to charter schools
1200 funds resulting from the discretionary millage authorized in s.
1201 1011.71(2).
1202 (a) To be eligible to receive capital outlay funds, a
1203 charter school must:
1204 1.a. Have been in operation for 2 or more years;
1205 b. Be governed by a governing board established in the
1206 state for 2 or more years which operates both charter schools
1207 and conversion charter schools within the state;
1208 c. Be an expanded feeder chain of a charter school within
1209 the same school district that is currently receiving charter
1210 school capital outlay funds;
1211 d. Have been accredited by a regional accrediting
1212 association as defined by State Board of Education rule; or
1213 e. Serve students in facilities that are provided by a
1214 business partner for a charter school-in-the-workplace pursuant
1215 to s. 1002.33(15)(b).
1216 2. Have an annual audit that does not reveal any of the
1217 financial emergency conditions provided in s. 218.503(1) for the
1218 most recent fiscal year for which such audit results are
1219 available.
1220 3. Have satisfactory student achievement based on state
1221 accountability standards applicable to the charter school.
1222 4. Have received final approval from its sponsor pursuant
1223 to s. 1002.33 for operation during that fiscal year.
1224 5. Serve students in facilities that are not provided by
1225 the charter school’s sponsor.
1226 (b) A charter school is not eligible to receive capital
1227 outlay funds if it was created by the conversion of a public
1228 school and operates in facilities provided by the charter
1229 school’s sponsor for a nominal fee, or at no charge, or if it is
1230 directly or indirectly operated by the school district.
1231 Section 21. The amendments to s. 1013.62(1), Florida
1232 Statutes, by this act expire July 1, 2020, and the text of that
1233 subsection shall revert to that in existence on June 30, 2019,
1234 except that any amendments to such text enacted other than by
1235 this act shall be preserved and continue to operate to the
1236 extent that such amendments are not dependent upon the portions
1237 of text which expire pursuant to this section.
1238 Section 22. In order to implement Specific Appropriation
1239 204 of the 2019-2020 General Appropriations Act, the
1240 calculations for the Medicaid Disproportionate Share Hospital
1241 program for the 2019-2020 fiscal year contained in the document
1242 titled “Medicaid Disproportionate Share Hospital Program, Fiscal
1243 Year 2019-2020,” dated March 28, 2019, and filed with the
1244 Secretary of the Senate, are incorporated by reference for the
1245 purpose of displaying the calculations used by the Legislature,
1246 consistent with the requirements of state law, in making
1247 appropriations for the Medicaid Disproportionate Share Hospital
1248 program. This section expires July 1, 2020.
1249 Section 23. In order to implement Specific Appropriations
1250 197 through 216 and 523 of the 2019-2020 General Appropriations
1251 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1252 Statutes, the Agency for Health Care Administration, in
1253 consultation with the Department of Health, may submit a budget
1254 amendment, subject to the notice, review, and objection
1255 procedures of s. 216.177, Florida Statutes, to realign funding
1256 within and between agencies based on implementation of the
1257 Managed Medical Assistance component of the Statewide Medicaid
1258 Managed Care program for the Children’s Medical Services program
1259 of the Department of Health. The funding realignment shall
1260 reflect the actual enrollment changes due to the transfer of
1261 beneficiaries from fee-for-service to the capitated Children’s
1262 Medical Services Network. The Agency for Health Care
1263 Administration may submit a request for nonoperating budget
1264 authority to transfer the federal funds to the Department of
1265 Health pursuant to s. 216.181(12), Florida Statutes. This
1266 section expires July 1, 2020.
1267 Section 24. In order to implement Specific Appropriations
1268 221 and 222 of the 2019-2020 General Appropriations Act, and
1269 notwithstanding the expiration date in section 19 of chapter
1270 2018-10, Laws of Florida, subsection (23) of section 409.908,
1271 Florida Statutes, is reenacted to read:
1272 409.908 Reimbursement of Medicaid providers.—Subject to
1273 specific appropriations, the agency shall reimburse Medicaid
1274 providers, in accordance with state and federal law, according
1275 to methodologies set forth in the rules of the agency and in
1276 policy manuals and handbooks incorporated by reference therein.
1277 These methodologies may include fee schedules, reimbursement
1278 methods based on cost reporting, negotiated fees, competitive
1279 bidding pursuant to s. 287.057, and other mechanisms the agency
1280 considers efficient and effective for purchasing services or
1281 goods on behalf of recipients. If a provider is reimbursed based
1282 on cost reporting and submits a cost report late and that cost
1283 report would have been used to set a lower reimbursement rate
1284 for a rate semester, then the provider’s rate for that semester
1285 shall be retroactively calculated using the new cost report, and
1286 full payment at the recalculated rate shall be effected
1287 retroactively. Medicare-granted extensions for filing cost
1288 reports, if applicable, shall also apply to Medicaid cost
1289 reports. Payment for Medicaid compensable services made on
1290 behalf of Medicaid eligible persons is subject to the
1291 availability of moneys and any limitations or directions
1292 provided for in the General Appropriations Act or chapter 216.
1293 Further, nothing in this section shall be construed to prevent
1294 or limit the agency from adjusting fees, reimbursement rates,
1295 lengths of stay, number of visits, or number of services, or
1296 making any other adjustments necessary to comply with the
1297 availability of moneys and any limitations or directions
1298 provided for in the General Appropriations Act, provided the
1299 adjustment is consistent with legislative intent.
1300 (23)(a) The agency shall establish rates at a level that
1301 ensures no increase in statewide expenditures resulting from a
1302 change in unit costs for county health departments effective
1303 July 1, 2011. Reimbursement rates shall be as provided in the
1304 General Appropriations Act.
1305 (b)1. Base rate reimbursement for inpatient services under
1306 a diagnosis-related group payment methodology shall be provided
1307 in the General Appropriations Act.
1308 2. Base rate reimbursement for outpatient services under an
1309 enhanced ambulatory payment group methodology shall be provided
1310 in the General Appropriations Act.
1311 3. Prospective payment system reimbursement for nursing
1312 home services shall be as provided in subsection (2) and in the
1313 General Appropriations Act.
1314 Section 25. The text of s. 409.908(23), Florida Statutes,
1315 as carried forward from chapter 2018-10, Laws of Florida, by
1316 this act, expires July 1, 2020, and the text of that subsection
1317 shall revert to that in existence on October 1, 2018, not
1318 including any amendments made by chapter 2018-10, Laws of
1319 Florida, except that any amendments to such text enacted other
1320 than by this act and chapter 2018-10, Laws of Florida, shall be
1321 preserved and continue to operate to the extent that such
1322 amendments are not dependent upon the portions of text which
1323 expire pursuant to this section.
1324 Section 26. In order to implement Specific Appropriations
1325 203, 207, 208, 210, 212, and 221 of the 2019-2020 General
1326 Appropriations Act, the Agency for Health Care Administration
1327 shall seek authorization from the federal Centers for Medicare
1328 and Medicaid Services to eliminate the Medicaid retroactive
1329 eligibility period for nonpregnant adults in a manner that
1330 ensures that the elimination becomes effective on July 1, 2019.
1331 Eligibility will continue to begin the first day of the month in
1332 which a nonpregnant adult applies for Medicaid. This section
1333 expires July 1, 2020.
1334 Section 27. In order to implement Specific Appropriations
1335 533, 534, 539, and 542 of the 2019-2020 General Appropriations
1336 Act, subsection (17) of section 893.055, Florida Statutes, is
1337 amended to read:
1338 893.055 Prescription drug monitoring program.—
1339 (17) For the 2019-2020 2018-2019 fiscal year only, neither
1340 the Attorney General nor the department may use funds received
1341 as part of a settlement agreement to administer the prescription
1342 drug monitoring program. This subsection expires July 1, 2020
1343 2019.
1344 Section 28. In order to implement Specific Appropriation
1345 204 of the 2019-2020 General Appropriations Act, subsections (2)
1346 and (10) of section 409.911, Florida Statutes, are amended to
1347 read:
1348 409.911 Disproportionate share program.—Subject to specific
1349 allocations established within the General Appropriations Act
1350 and any limitations established pursuant to chapter 216, the
1351 agency shall distribute, pursuant to this section, moneys to
1352 hospitals providing a disproportionate share of Medicaid or
1353 charity care services by making quarterly Medicaid payments as
1354 required. Notwithstanding the provisions of s. 409.915, counties
1355 are exempt from contributing toward the cost of this special
1356 reimbursement for hospitals serving a disproportionate share of
1357 low-income patients.
1358 (2) The Agency for Health Care Administration shall use the
1359 following actual audited data to determine the Medicaid days and
1360 charity care to be used in calculating the disproportionate
1361 share payment:
1362 (a) The average of the 2011, 2012, and 2013 2010, 2011, and
1363 2012 audited disproportionate share data to determine each
1364 hospital’s Medicaid days and charity care for the 2019-2020
1365 2018-2019 state fiscal year.
1366 (b) If the Agency for Health Care Administration does not
1367 have the prescribed 3 years of audited disproportionate share
1368 data as noted in paragraph (a) for a hospital, the agency shall
1369 use the average of the years of the audited disproportionate
1370 share data as noted in paragraph (a) which is available.
1371 (c) In accordance with s. 1923(b) of the Social Security
1372 Act, a hospital with a Medicaid inpatient utilization rate
1373 greater than one standard deviation above the statewide mean or
1374 a hospital with a low-income utilization rate of 25 percent or
1375 greater shall qualify for reimbursement.
1376 (10) Notwithstanding any provision of this section to the
1377 contrary, for the 2019-2020 2018-2019 state fiscal year, the
1378 agency shall distribute moneys to hospitals providing a
1379 disproportionate share of Medicaid or charity care services as
1380 provided in the 2019-2020 2018-2019 General Appropriations Act.
1381 This subsection expires July 1, 2020 2019.
1382 Section 29. In order to implement Specific Appropriation
1383 204 of the 2019-2020 General Appropriations Act, subsection (3)
1384 of section 409.9113, Florida Statutes, is amended to read:
1385 409.9113 Disproportionate share program for teaching
1386 hospitals.—In addition to the payments made under s. 409.911,
1387 the agency shall make disproportionate share payments to
1388 teaching hospitals, as defined in s. 408.07, for their increased
1389 costs associated with medical education programs and for
1390 tertiary health care services provided to the indigent. This
1391 system of payments must conform to federal requirements and
1392 distribute funds in each fiscal year for which an appropriation
1393 is made by making quarterly Medicaid payments. Notwithstanding
1394 s. 409.915, counties are exempt from contributing toward the
1395 cost of this special reimbursement for hospitals serving a
1396 disproportionate share of low-income patients. The agency shall
1397 distribute the moneys provided in the General Appropriations Act
1398 to statutorily defined teaching hospitals and family practice
1399 teaching hospitals, as defined in s. 395.805, pursuant to this
1400 section. The funds provided for statutorily defined teaching
1401 hospitals shall be distributed as provided in the General
1402 Appropriations Act. The funds provided for family practice
1403 teaching hospitals shall be distributed equally among family
1404 practice teaching hospitals.
1405 (3) Notwithstanding any provision of this section to the
1406 contrary, for the 2019-2020 2018-2019 state fiscal year, the
1407 agency shall make disproportionate share payments to teaching
1408 hospitals, as defined in s. 408.07, as provided in the 2019-2020
1409 2018-2019 General Appropriations Act. This subsection expires
1410 July 1, 2020 2019.
1411 Section 30. In order to implement Specific Appropriation
1412 204 of the 2019-2020 General Appropriations Act, subsection (4)
1413 of section 409.9119, Florida Statutes, is amended to read:
1414 409.9119 Disproportionate share program for specialty
1415 hospitals for children.—In addition to the payments made under
1416 s. 409.911, the Agency for Health Care Administration shall
1417 develop and implement a system under which disproportionate
1418 share payments are made to those hospitals that are separately
1419 licensed by the state as specialty hospitals for children, have
1420 a federal Centers for Medicare and Medicaid Services
1421 certification number in the 3300-3399 range, have Medicaid days
1422 that exceed 55 percent of their total days and Medicare days
1423 that are less than 5 percent of their total days, and were
1424 licensed on January 1, 2013, as specialty hospitals for
1425 children. This system of payments must conform to federal
1426 requirements and must distribute funds in each fiscal year for
1427 which an appropriation is made by making quarterly Medicaid
1428 payments. Notwithstanding s. 409.915, counties are exempt from
1429 contributing toward the cost of this special reimbursement for
1430 hospitals that serve a disproportionate share of low-income
1431 patients. The agency may make disproportionate share payments to
1432 specialty hospitals for children as provided for in the General
1433 Appropriations Act.
1434 (4) Notwithstanding any provision of this section to the
1435 contrary, for the 2019-2020 2018-2019 state fiscal year, for
1436 hospitals achieving full compliance under subsection (3), the
1437 agency shall make disproportionate share payments to specialty
1438 hospitals for children as provided in the 2019-2020 2018-2019
1439 General Appropriations Act. This subsection expires July 1, 2020
1440 2019.
1441 Section 31. In order to implement Specific Appropriations
1442 197 through 224 of the 2019-2020 General Appropriations Act, and
1443 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1444 Agency for Health Care Administration may submit a budget
1445 amendment, subject to the notice, review, and objection
1446 procedures of s. 216.177, Florida Statutes, to realign funding
1447 within the Medicaid program appropriation categories to address
1448 projected surpluses and deficits within the program and to
1449 maximize the use of state trust funds. A single budget amendment
1450 shall be submitted in the last quarter of the 2019-2020 fiscal
1451 year only. This section expires July 1, 2020.
1452 Section 32. In order to implement Specific Appropriations
1453 467, 468, and 474 of the 2019-2020 General Appropriations Act,
1454 subsection (17) of section 381.986, Florida Statutes, is amended
1455 to read:
1456 381.986 Medical use of marijuana.—
1457 (17) Rules adopted pursuant to this section before July 1,
1458 2020 2019, are not subject to s. 120.541(3). Notwithstanding
1459 paragraph (8)(e), a medical marijuana treatment center may use a
1460 laboratory that has not been certified by the department under
1461 s. 381.988 until such time as at least one laboratory holds the
1462 required certification pursuant to s. 381.988, but in no event
1463 later than July 1, 2020 2019. This subsection expires July 1,
1464 2020 2019.
1465 Section 33. In order to implement Specific Appropriations
1466 467, 468, and 474 of the 2019-2020 General Appropriations Act,
1467 subsection (11) of section 381.988, Florida Statutes, is amended
1468 to read:
1469 381.988 Medical marijuana testing laboratories; marijuana
1470 tests conducted by a certified laboratory.—
1471 (11) Rules adopted under subsection (9) before July 1, 2020
1472 2019, are not subject to s. 120.541(3). This subsection expires
1473 July 1, 2020 2019.
1474 Section 34. In order to implement Specific Appropriations
1475 474 and 525 of the 2019-2020 General Appropriations Act,
1476 paragraph (a) of subsection (2) of section 383.14, Florida
1477 Statutes, is amended to read:
1478 383.14 Screening for metabolic disorders, other hereditary
1479 and congenital disorders, and environmental risk factors.—
1480 (2) RULES.—
1481 (a) After consultation with the Genetics and Newborn
1482 Screening Advisory Council, the department shall adopt and
1483 enforce rules requiring that every newborn in this state shall:
1484 1. Before becoming 1 week of age, be subjected to a test
1485 for phenylketonuria;
1486 2. Be tested for any condition included on the federal
1487 Recommended Uniform Screening Panel which the council advises
1488 the department should be included under the state’s screening
1489 program. After the council recommends that a condition be
1490 included, the department shall submit a legislative budget
1491 request to seek an appropriation to add testing of the condition
1492 to the newborn screening program. The department shall expand
1493 statewide screening of newborns to include screening for such
1494 conditions within 18 months after the council renders such
1495 advice, if a test approved by the United States Food and Drug
1496 Administration or a test offered by an alternative vendor is
1497 available. If such a test is not available within 18 months
1498 after the council makes its recommendation, the department shall
1499 implement such screening as soon as a test offered by the United
1500 States Food and Drug Administration or by an alternative vendor
1501 is available; and
1502 3. At the appropriate age, be tested for such other
1503 metabolic diseases and hereditary or congenital disorders as the
1504 department may deem necessary from time to time; and
1505 4. Notwithstanding subparagraph 2., be screened for spinal
1506 muscular atrophy following integration of such a test into the
1507 newborn screening testing panel. The department shall implement
1508 such screening using a test offered by the United States Food
1509 and Drug Administration or by an alternative vendor as soon as
1510 practicable after July 1, 2019, but no later than May 3, 2020.
1511 This subparagraph expires July 1, 2020.
1512 Section 35. In order to implement Specific Appropriation
1513 389 of the 2019-2020 General Appropriations Act, section 28 of
1514 chapter 2016-65, Laws of Florida, is amended to read:
1515 Section 28. Subject to federal approval of the application
1516 to be a site for the Program of All-inclusive Care for the
1517 Elderly (PACE), the Agency for Health Care Administration shall
1518 contract with a not-for-profit organization that has been
1519 jointly formed by a lead agency that has been designated
1520 pursuant to s. 430.205, Florida Statutes, and by a not-for
1521 profit hospice provider that has been licensed for more than 30
1522 years to serve individuals and families in Clay, Duval, St.
1523 Johns, Baker, Union, Bradford, Putnam, and Nassau Counties. The
1524 not-for-profit organization shall leverage existing community
1525 based care providers and health care organizations to provide
1526 PACE services to frail elders who reside in Clay, Duval, St.
1527 Johns, Baker, Union, Bradford, Putnam, and Nassau Counties. The
1528 organization is exempt from the requirements of chapter 641,
1529 Florida Statutes. The agency, in consultation with the
1530 Department of Elderly Affairs and subject to the appropriation
1531 of funds by the Legislature, shall approve up to 300 initial
1532 enrollees in the Program of All-inclusive Care for the Elderly
1533 established by the organization to serve frail elders who reside
1534 in Clay, Duval, St. Johns, Baker, Union, Bradford, Putnam, and
1535 Nassau Counties.
1536 Section 36. In order to implement Specific Appropriations
1537 326, 327A, 358, and 359 of the 2019-2020 General Appropriations
1538 Act, and notwithstanding ss. 216.181 and 216.292, Florida
1539 Statutes, the Department of Children and Families may submit a
1540 budget amendment, subject to the notice, review, and objection
1541 procedures of s. 216.177, Florida Statutes, to realign funding
1542 within the department based on the implementation of the
1543 Guardianship Assistance Program, between and among the specific
1544 appropriations for guardianship assistance payments, relative
1545 caregiver payments, and nonrelative caregiver payments. This
1546 section expires July 1, 2020.
1547 Section 37. In order to implement Specific Appropriations
1548 326 and 327A of the 2019-2020 General Appropriations Act, the
1549 Department of Children and Families shall establish a formula to
1550 distribute the recurring sums of $10,597,824 from the General
1551 Revenue Fund and $11,922,238 from the Federal Grants Trust Fund
1552 for actual and direct costs to implement the Guardianship
1553 Assistance Program, including Level 1 foster care board
1554 payments, licensing staff for community-based care lead
1555 agencies, and guardianship assistance payments. This section
1556 expires July 1, 2020.
1557 Section 38. In order to implement Specific Appropriations
1558 326 and 327A of the 2019-2020 General Appropriations Act,
1559 paragraph (a) of subsection (1) of section 409.991, Florida
1560 Statutes, is amended to read:
1561 409.991 Allocation of funds for community-based care lead
1562 agencies.—
1563 (1) As used in this section, the term:
1564 (a) “Core services funds” means all funds allocated to
1565 community-based care lead agencies operating under contract with
1566 the department pursuant to s. 409.987, with the following
1567 exceptions:
1568 1. Funds appropriated for independent living.;
1569 2. Funds appropriated for maintenance adoption subsidies.;
1570 3. Funds appropriated for actual and direct costs to
1571 implement the Guardianship Assistance Program, including Level 1
1572 foster care board payments, licensing staff for community-based
1573 care lead agencies, and guardianship assistance payments. This
1574 subparagraph expires July 1, 2020.
1575 4. Funds allocated by the department for protective
1576 investigations training.;
1577 5.4. Nonrecurring funds.;
1578 6.5. Designated mental health wrap-around services funds.;
1579 and
1580 7.6. Funds for special projects for a designated community
1581 based care lead agency.
1582 Section 39. In order to implement Specific Appropriations
1583 551 through 558 and 560 of the 2019-2020 General Appropriations
1584 Act, subsection (3) of section 296.37, Florida Statutes, is
1585 amended to read:
1586 296.37 Residents; contribution to support.—
1587 (3) Notwithstanding subsection (1), each resident of the
1588 home who receives a pension, compensation, or gratuity from the
1589 United States Government, or income from any other source, of
1590 more than $130 per month shall contribute to his or her
1591 maintenance and support while a resident of the home in
1592 accordance with a payment schedule determined by the
1593 administrator and approved by the director. The total amount of
1594 such contributions shall be to the fullest extent possible, but,
1595 in no case, shall exceed the actual cost of operating and
1596 maintaining the home. This subsection expires July 1, 2020 2019.
1597 Section 40. In order to implement Specific Appropriation
1598 1345 of the 2019-2020 General Appropriations Act:
1599 (1) The Task Force on the Criminal Punishment Code, a task
1600 force as defined in s. 20.03(8), Florida Statutes, is created
1601 adjunct to the Department of Legal Affairs. The Legislature
1602 finds that there is a need to review sentencing for noncapital
1603 felony offenses under the Criminal Punishment Code. Therefore,
1604 the task force is created for the purpose of reviewing,
1605 evaluating, and making recommendations regarding sentencing for
1606 and ranking of noncapital felony offenses under the Criminal
1607 Punishment Code, including, but not limited to, whether current
1608 sentencing for noncapital felony offenses is appropriate to the
1609 level of the crime committed, whether current enhancements for
1610 those offenses are appropriate, and whether judicial discretion
1611 should be allowed with regard to mandatory minimum sentences for
1612 those offenses. The task force shall include an analysis of best
1613 practices in its review.
1614 (2) The task force is composed of the following members:
1615 (a) The Attorney General, or a designee of the Attorney
1616 General, who shall serve as chair of the task force.
1617 (b) The Secretary of Corrections, or a designee of the
1618 secretary.
1619 (c) Two members appointed by the President of the Senate,
1620 one of whom must be a public defender.
1621 (d) Two members appointed by the House of Representatives,
1622 one of whom must be a state attorney.
1623 (e) Two members appointed by the Chief Justice of the
1624 Supreme Court, one of whom must be a circuit judge currently
1625 assigned to a felony division.
1626
1627 Any vacancies on the task force shall be filled in the same
1628 manner as the original appointments. Appointments to the task
1629 force shall be made no later than July 15, 2019.
1630 (2) The task force shall endeavor to meet at least twice
1631 monthly throughout its duration and is encouraged to take input
1632 from all stakeholders involved in the criminal justice system.
1633 The first meeting of the task force shall occur no later than
1634 August 15, 2019. The Attorney General shall designate staff of
1635 the Department of Legal Affairs to provide support to the task
1636 force.
1637 (3) Upon the Attorney General’s request, the Department of
1638 Corrections and the Office of the State Courts Administrator
1639 shall provide necessary data collection and analysis, research,
1640 and support services to the task force.
1641 (4) Members of the task force may not receive compensation
1642 other than their usual salaries received from their employers,
1643 but are entitled to reimbursement for per diem and travel
1644 expenses from their employers in accordance with s. 112.061,
1645 Florida Statutes.
1646 (5) The task force shall submit a report to the Governor,
1647 the President of the Senate, the Speaker of the House of
1648 Representatives, and the Chief Justice of the Supreme Court no
1649 later than June 30, 2020, which must include, at a minimum, the
1650 issues considered by the task force, any recommendations for
1651 legislative changes, and an analysis of the expected impact of
1652 such recommendations if enacted by the Legislature. The task
1653 force is dissolved upon submission of the report.
1654 (6) This section expires July 1, 2020.
1655 Section 41. In order to implement Specific Appropriations
1656 581 through 703 and 716 through 750 of the 2019-2020 General
1657 Appropriations Act, subsection (4) of section 216.262, Florida
1658 Statutes, is amended to read:
1659 216.262 Authorized positions.—
1660 (4) Notwithstanding the provisions of this chapter relating
1661 to increasing the number of authorized positions, and for the
1662 2019-2020 2018-2019 fiscal year only, if the actual inmate
1663 population of the Department of Corrections exceeds the inmate
1664 population projections of the February 22, 2019 December 20,
1665 2017, Criminal Justice Estimating Conference by 1 percent for 2
1666 consecutive months or 2 percent for any month, the Executive
1667 Office of the Governor, with the approval of the Legislative
1668 Budget Commission, shall immediately notify the Criminal Justice
1669 Estimating Conference, which shall convene as soon as possible
1670 to revise the estimates. The Department of Corrections may then
1671 submit a budget amendment requesting the establishment of
1672 positions in excess of the number authorized by the Legislature
1673 and additional appropriations from unallocated general revenue
1674 sufficient to provide for essential staff, fixed capital
1675 improvements, and other resources to provide classification,
1676 security, food services, health services, and other variable
1677 expenses within the institutions to accommodate the estimated
1678 increase in the inmate population. All actions taken pursuant to
1679 this subsection are subject to review and approval by the
1680 Legislative Budget Commission. This subsection expires July 1,
1681 2020 2019.
1682 Section 42. In order to implement Specific Appropriations
1683 3208 through 3274 of the 2019-2020 General Appropriations Act,
1684 subsection (2) of section 215.18, Florida Statutes, is amended
1685 to read:
1686 215.18 Transfers between funds; limitation.—
1687 (2) The Chief Justice of the Supreme Court may receive one
1688 or more trust fund loans to ensure that the state court system
1689 has funds sufficient to meet its appropriations in the 2019-2020
1690 2018-2019 General Appropriations Act. If the Chief Justice
1691 accesses the loan, he or she must notify the Governor and the
1692 chairs of the legislative appropriations committees in writing.
1693 The loan must come from other funds in the State Treasury which
1694 are for the time being or otherwise in excess of the amounts
1695 necessary to meet the just requirements of such last-mentioned
1696 funds. The Governor shall order the transfer of funds within 5
1697 days after the written notification from the Chief Justice. If
1698 the Governor does not order the transfer, the Chief Financial
1699 Officer shall transfer the requested funds. The loan of funds
1700 from which any money is temporarily transferred must be repaid
1701 by the end of the 2019-2020 2018-2019 fiscal year. This
1702 subsection expires July 1, 2020 2019.
1703 Section 43. (1) In order to implement Specific
1704 Appropriations 1153 through 1163 of the 2019-2020 General
1705 Appropriations Act, the Department of Juvenile Justice is
1706 required to review county juvenile detention payments to ensure
1707 that counties fulfill their financial responsibilities required
1708 in s. 985.6865, Florida Statutes. If the Department of Juvenile
1709 Justice determines that a county has not met its obligations,
1710 the department shall direct the Department of Revenue to deduct
1711 the amount owed to the Department of Juvenile Justice from the
1712 funds provided to the county under s. 218.23, Florida Statutes.
1713 The Department of Revenue shall transfer the funds withheld to
1714 the Shared County/State Juvenile Detention Trust Fund.
1715 (2) As an assurance to holders of bonds issued by counties
1716 before July 1, 2019, for which distributions made pursuant to s.
1717 218.23, Florida Statutes, are pledged, or bonds issued to refund
1718 such bonds which mature no later than the bonds they refunded
1719 and which result in a reduction of debt service payable in each
1720 fiscal year, the amount available for distribution to a county
1721 shall remain as provided by law and continue to be subject to
1722 any lien or claim on behalf of the bondholders. The Department
1723 of Revenue must ensure, based on information provided by an
1724 affected county, that any reduction in amounts distributed
1725 pursuant to subsection (1) does not reduce the amount of
1726 distribution to a county below the amount necessary for the
1727 timely payment of principal and interest when due on the bonds
1728 and the amount necessary to comply with any covenant under the
1729 bond resolution or other documents relating to the issuance of
1730 the bonds. If a reduction to a county’s monthly distribution
1731 must be decreased in order to comply with this section, the
1732 Department of Revenue must notify the Department of Juvenile
1733 Justice of the amount of the decrease, and the Department of
1734 Juvenile Justice must send a bill for payment of such amount to
1735 the affected county.
1736 (3) This section expires July 1, 2020.
1737 Section 44. In order to implement Specific Appropriations
1738 1153 through 1163 of the 2019-2020 General Appropriations Act,
1739 the Department of Juvenile Justice may not provide, make, pay,
1740 or deduct, and a nonfiscally constrained county may not apply,
1741 deduct, or receive any reimbursement or any credit for any
1742 previous overpayment of juvenile detention care costs related to
1743 or for any previous state fiscal year, against the juvenile
1744 detention care costs due from the nonfiscally constrained county
1745 in the 2019-2020 fiscal year pursuant to s. 985.686, Florida
1746 Statutes, or any other law. This section expires July 1, 2020.
1747 Section 45. In order to implement Specific Appropriations
1748 761 through 784A, 952 through 1097, and 1118 through 1152 of the
1749 2019-2020 General Appropriations Act, subsection (1), paragraph
1750 (a) of subsection (2), paragraph (a) of subsection (3), and
1751 subsections (5), (6), and (7) of section 27.40, Florida
1752 Statutes, are amended to read:
1753 27.40 Court-appointed counsel; circuit registries; minimum
1754 requirements; appointment by court.—
1755 (1) Counsel shall be appointed to represent any individual
1756 in a criminal or civil proceeding entitled to court-appointed
1757 counsel under the Federal or State Constitution or as authorized
1758 by general law. The court shall appoint a public defender to
1759 represent indigent persons as authorized in s. 27.51. The office
1760 of criminal conflict and civil regional counsel shall be
1761 appointed to represent persons in those cases in which provision
1762 is made for court-appointed counsel but only when the public
1763 defender has certified to the court in writing that the public
1764 defender is unable to provide representation due to a conflict
1765 of interest and has specifically identified and described the
1766 conflict of interest of his or her office or is not authorized
1767 to provide representation.
1768 (2)(a) Private counsel may shall be appointed to represent
1769 persons in those cases in which provision is made for court
1770 appointed counsel but only when the office of criminal conflict
1771 and civil regional counsel has certified to the court in writing
1772 that the public defender is unable to provide representation due
1773 to a conflict of interest and has specifically identified and
1774 described the conflict of interest of the office of criminal
1775 conflict and civil regional counsel.
1776 (3) In using a registry:
1777 (a) The chief judge of the circuit shall compile a list of
1778 attorneys in private practice, by county and by category of
1779 cases, and provide the list to the clerk of court in each
1780 county. The chief judge of the circuit may restrict the number
1781 of attorneys on the general registry list. To be included on a
1782 registry, an attorney must certify that he or she:
1783 1. Meets any minimum requirements established by the chief
1784 judge and by general law for court appointment;
1785 2. Is available to represent indigent defendants in cases
1786 requiring court appointment of private counsel; and
1787 3. Is willing to abide by the terms of the contract for
1788 services, s. 27.5304, and this section.
1789
1790 To be included on a registry, an attorney must enter into a
1791 contract for services with the Justice Administrative
1792 Commission. Failure to comply with the terms of the contract for
1793 services may result in termination of the contract and removal
1794 from the registry. Each attorney on the registry is responsible
1795 for notifying the clerk of the court and the Justice
1796 Administrative Commission of any change in his or her status.
1797 Failure to comply with this requirement is cause for termination
1798 of the contract for services and removal from the registry until
1799 the requirement is fulfilled.
1800 (5) The Justice Administrative Commission shall approve
1801 uniform contract forms for use in procuring the services of
1802 private court-appointed counsel and uniform procedures and forms
1803 for use by a court-appointed attorney in support of billing for
1804 attorney’s fees, costs, and related expenses to demonstrate the
1805 attorney’s completion of specified duties. Such uniform
1806 contracts and forms for use in billing must be consistent with
1807 s. 27.5304, s. 216.311, and the General Appropriations Act and
1808 must contain the following statement: “The State of Florida’s
1809 performance and obligation to pay under this contract is
1810 contingent upon an annual appropriation by the Legislature.”
1811 (6) After court appointment, the attorney must immediately
1812 file a notice of appearance with the court indicating acceptance
1813 of the appointment to represent the defendant and of the terms
1814 of the uniform contract as specified in subsection (5).
1815 (7)(a) A private attorney appointed by the court from the
1816 registry to represent a client is entitled to payment as
1817 provided in s. 27.5304 so long as the requirements of subsection
1818 (1) and paragraph (2)(a) are met. An attorney appointed by the
1819 court who is not on the registry list may be compensated under
1820 s. 27.5304 only if the court finds in the order of appointment
1821 that there were no registry attorneys available for
1822 representation for that case and only if the requirements of
1823 subsection (1) and paragraph (2)(a) are met.
1824 (b)1. The flat fee established in s. 27.5304 and the
1825 General Appropriations Act shall be presumed by the court to be
1826 sufficient compensation. The attorney shall maintain appropriate
1827 documentation, including contemporaneous and detailed hourly
1828 accounting of time spent representing the client. If the
1829 attorney fails to maintain such contemporaneous and detailed
1830 hourly records, the attorney waives the right to seek
1831 compensation in excess of the flat fee established in s. 27.5304
1832 and the General Appropriations Act. These records and documents
1833 are subject to review by the Justice Administrative Commission
1834 and audit by the Auditor General, subject to the attorney-client
1835 privilege and work-product privilege. The attorney shall
1836 maintain the records and documents in a manner that enables the
1837 attorney to redact any information subject to a privilege in
1838 order to facilitate the commission’s review of the records and
1839 documents and not to impede such review. The attorney may redact
1840 information from the records and documents only to the extent
1841 necessary to comply with the privilege. The Justice
1842 Administrative Commission shall review such records and shall
1843 contemporaneously document such review before authorizing
1844 payment to an attorney. Objections by or on behalf of the
1845 Justice Administrative Commission to records or documents or to
1846 claims for payment by the attorney shall be presumed correct by
1847 the court unless the court determines in writing competent and
1848 substantial evidence exists to justify overcoming the
1849 presumption.
1850 2. If an attorney fails, refuses, or declines to permit the
1851 commission or the Auditor General to review documentation for a
1852 case as provided in this paragraph, the attorney waives the
1853 right to seek, and the commission may not pay, compensation in
1854 excess of the flat fee established in s. 27.5304 and the General
1855 Appropriations Act for that case.
1856 3. A finding by the commission that an attorney has waived
1857 the right to seek compensation in excess of the flat fee
1858 established in s. 27.5304 and the General Appropriations Act, as
1859 provided in this paragraph, shall be is presumed to be correct
1860 valid, unless the, as determined by a court determines, in
1861 writing, that competent and substantial evidence exists to
1862 justify overcoming the presumption, the commission’s finding is
1863 not supported by competent and substantial evidence.
1864 Section 46. The amendments to s. 27.40(1), (2)(a), (3)(a),
1865 (5), (6), and (7), by this act shall expire July 1, 2020, and
1866 the text of those subsections and paragraphs, as applicable,
1867 shall revert to that in existence on June 30, 2019, except that
1868 any amendments to such text enacted other than by this act shall
1869 be preserved and continue to operate to the extent that such
1870 amendments are not dependent upon the portions of text which
1871 expire pursuant to this section.
1872 Section 47. In order to implement Specific Appropriations
1873 761 through 784A, 952 through 1097, and 1118 through 1152 of the
1874 2019-2020 General Appropriations Act, subsections (1), (3), (7),
1875 and (11), paragraphs (a) through (e) of subsection (12), and
1876 subsection (13) of section 27.5304, Florida Statutes, are
1877 amended to read:
1878 27.5304 Private court-appointed counsel; compensation;
1879 notice.—
1880 (1) Private court-appointed counsel appointed in the manner
1881 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1882 Justice Administrative Commission only as provided in this
1883 section and the General Appropriations Act. The flat fees
1884 prescribed in this section are limitations on compensation. The
1885 specific flat fee amounts for compensation shall be established
1886 annually in the General Appropriations Act. The attorney also
1887 shall be reimbursed for reasonable and necessary expenses in
1888 accordance with s. 29.007. If the attorney is representing a
1889 defendant charged with more than one offense in the same case,
1890 the attorney shall be compensated at the rate provided for the
1891 most serious offense for which he or she represented the
1892 defendant. This section does not allow stacking of the fee
1893 limits established by this section.
1894 (3) The court retains primary authority and responsibility
1895 for determining the reasonableness of all billings for attorney
1896 fees, costs, and related expenses, subject to statutory
1897 limitations and the requirements of s. 27.40(7). Private court
1898 appointed counsel is entitled to compensation upon final
1899 disposition of a case.
1900 (7) Counsel eligible entitled to receive compensation from
1901 the state for representation pursuant to court appointment made
1902 in accordance with the requirements of s. 27.40(1) and (2)(a) in
1903 a proceeding under chapter 384, chapter 390, chapter 392,
1904 chapter 393, chapter 394, chapter 397, chapter 415, chapter 743,
1905 chapter 744, or chapter 984 shall receive compensation not to
1906 exceed the limits prescribed in the General Appropriations Act.
1907 Any such compensation must be determined as provided in s.
1908 27.40(7).
1909 (11) It is the intent of the Legislature that the flat fees
1910 prescribed under this section and the General Appropriations Act
1911 comprise the full and complete compensation for private court
1912 appointed counsel. It is further the intent of the Legislature
1913 that the fees in this section are prescribed for the purpose of
1914 providing counsel with notice of the limit on the amount of
1915 compensation for representation in particular proceedings and
1916 the sole procedure and requirements for obtaining payment for
1917 the same.
1918 (a) If court-appointed counsel moves to withdraw prior to
1919 the full performance of his or her duties through the completion
1920 of the case, the court shall presume that the attorney is not
1921 entitled to the payment of the full flat fee established under
1922 this section and the General Appropriations Act.
1923 (b) If court-appointed counsel is allowed to withdraw from
1924 representation prior to the full performance of his or her
1925 duties through the completion of the case and the court appoints
1926 a subsequent attorney, the total compensation for the initial
1927 and any and all subsequent attorneys may not exceed the flat fee
1928 established under this section and the General Appropriations
1929 Act, except as provided in subsection (12).
1930
1931 This subsection constitutes notice to any subsequently appointed
1932 attorney that he or she will not be compensated the full flat
1933 fee.
1934 (12) The Legislature recognizes that on rare occasions an
1935 attorney may receive a case that requires extraordinary and
1936 unusual effort.
1937 (a) If counsel seeks compensation that exceeds the limits
1938 prescribed by law, he or she must file a motion with the chief
1939 judge for an order approving payment of attorney fees in excess
1940 of these limits.
1941 1. Before filing the motion, the counsel shall deliver a
1942 copy of the intended billing, together with supporting
1943 affidavits and all other necessary documentation, to the Justice
1944 Administrative Commission.
1945 2. The Justice Administrative Commission shall review the
1946 billings, affidavit, and documentation for completeness and
1947 compliance with contractual and statutory requirements and shall
1948 contemporaneously document such review before authorizing
1949 payment to an attorney. If the Justice Administrative Commission
1950 objects to any portion of the proposed billing, the objection
1951 and supporting reasons must be communicated in writing to the
1952 private court-appointed counsel. The counsel may thereafter file
1953 his or her motion, which must specify whether the commission
1954 objects to any portion of the billing or the sufficiency of
1955 documentation, and shall attach the commission’s letter stating
1956 its objection.
1957 (b) Following receipt of the motion to exceed the fee
1958 limits, the chief judge or a single designee shall hold an
1959 evidentiary hearing. The chief judge may select only one judge
1960 per circuit to hear and determine motions pursuant to this
1961 subsection, except multicounty circuits and the eleventh circuit
1962 may have up to two designees.
1963 1. At the hearing, the attorney seeking compensation must
1964 prove by competent and substantial evidence that the case
1965 required extraordinary and unusual efforts. The chief judge or
1966 single designee shall consider criteria such as the number of
1967 witnesses, the complexity of the factual and legal issues, and
1968 the length of trial. The fact that a trial was conducted in a
1969 case does not, by itself, constitute competent substantial
1970 evidence of an extraordinary and unusual effort. In a criminal
1971 case, relief under this section may not be granted if the number
1972 of work hours does not exceed 75 or the number of the state’s
1973 witnesses deposed does not exceed 20.
1974 2. Objections by or on behalf of the Justice Administrative
1975 Commission to records or documents or to claims for payment by
1976 the attorney shall be presumed correct by the court unless the
1977 court determines, in writing, that competent and substantial
1978 evidence exists to justify overcoming the presumption. The chief
1979 judge or single designee shall enter a written order detailing
1980 his or her findings and identifying the extraordinary nature of
1981 the time and efforts of the attorney in the case which warrant
1982 exceeding the flat fee established by this section and the
1983 General Appropriations Act.
1984 (c) A copy of the motion and attachments shall be served on
1985 the Justice Administrative Commission at least 20 5 business
1986 days before the date of a hearing. The Justice Administrative
1987 Commission has standing to appear before the court, and may
1988 appear in person or telephonically, including at the hearing
1989 under paragraph (b), to contest any motion for an order
1990 approving payment of attorney fees, costs, or related expenses
1991 and may participate in a hearing on the motion by use of
1992 telephonic or other communication equipment. The Justice
1993 Administrative Commission may contract with other public or
1994 private entities or individuals to appear before the court for
1995 the purpose of contesting any motion for an order approving
1996 payment of attorney fees, costs, or related expenses. The fact
1997 that the Justice Administrative Commission has not objected to
1998 any portion of the billing or to the sufficiency of the
1999 documentation is not binding on the court.
2000 (d) If the chief judge or a single designee finds that
2001 counsel has proved by competent and substantial evidence that
2002 the case required extraordinary and unusual efforts, the chief
2003 judge or single designee shall order the compensation to be paid
2004 to the attorney at a percentage above the flat fee rate,
2005 depending on the extent of the unusual and extraordinary effort
2006 required. The percentage must be only the rate necessary to
2007 ensure that the fees paid are not confiscatory under common law.
2008 The percentage may not exceed 200 percent of the established
2009 flat fee, absent a specific finding that 200 percent of the flat
2010 fee in the case would be confiscatory. If the chief judge or
2011 single designee determines that 200 percent of the flat fee
2012 would be confiscatory, he or she shall order the amount of
2013 compensation using an hourly rate not to exceed $75 per hour for
2014 a noncapital case and $100 per hour for a capital case. However,
2015 the compensation calculated by using the hourly rate shall be
2016 only that amount necessary to ensure that the total fees paid
2017 are not confiscatory, subject to the requirements of s.
2018 27.40(7).
2019 (e) Any order granting relief under this subsection must be
2020 attached to the final request for a payment submitted to the
2021 Justice Administrative Commission and must satisfy the
2022 requirements of subparagraph (b)2.
2023 (13) Notwithstanding the limitation set forth in subsection
2024 (5) and for the 2019-2020 2018-2019 fiscal year only, the
2025 compensation for representation in a criminal proceeding may not
2026 exceed the following:
2027 (a) For misdemeanors and juveniles represented at the trial
2028 level: $1,000.
2029 (b) For noncapital, nonlife felonies represented at the
2030 trial level: $15,000.
2031 (c) For life felonies represented at the trial level:
2032 $15,000.
2033 (d) For capital cases represented at the trial level:
2034 $25,000. For purposes of this paragraph, a “capital case” is any
2035 offense for which the potential sentence is death and the state
2036 has not waived seeking the death penalty.
2037 (e) For representation on appeal: $9,000.
2038 (f) This subsection expires July 1, 2020 2019.
2039 Section 48. The amendments to s. 27.5304(1), (3), (7),
2040 (11), and (12)(a)-(e), Florida Statutes, by this act expire July
2041 1, 2020, and the text of those subsections and paragraphs, as
2042 applicable, shall revert to that in existence on June 30, 2019,
2043 except that any amendments to such text enacted other than by
2044 this act shall be preserved and continue to operate to the
2045 extent that such amendments are not dependent upon the portions
2046 of text which expire pursuant to this section.
2047 Section 49. In order to implement Specific Appropriation
2048 770 of the 2019-2020 General Appropriations Act, and
2049 notwithstanding section 28.35, Florida Statutes, the clerks of
2050 the circuit court are responsible for any costs of compensation
2051 to jurors, for meals or lodging provided to jurors, and for
2052 jury-related personnel costs that exceed the funding provided in
2053 the General Appropriations Act for these purposes. This section
2054 expires July 1, 2020.
2055 Section 50. In order to implement Specific Appropriations
2056 952 through 1097 of the 2019-2020 General Appropriations Act,
2057 and notwithstanding the expiration date in section 40 of chapter
2058 2018-10, Laws of Florida, paragraph (c) of subsection (19) of
2059 section 318.18, Florida Statutes, is reenacted to read:
2060 318.18 Amount of penalties.—The penalties required for a
2061 noncriminal disposition pursuant to s. 318.14 or a criminal
2062 offense listed in s. 318.17 are as follows:
2063 (19) In addition to any penalties imposed, an Article V
2064 assessment of $10 must be paid for all noncriminal moving and
2065 nonmoving violations under chapters 316, 320, and 322. The
2066 assessment is not revenue for purposes of s. 28.36 and may not
2067 be used in establishing the budget of the clerk of the court
2068 under that section or s. 28.35. Of the funds collected under
2069 this subsection:
2070 (c) The sum of $1.67 shall be deposited in the Indigent
2071 Criminal Defense Trust Fund for use by the public defenders.
2072 Section 51. In order to implement Specific Appropriations
2073 952 through 1097 of the 2019-2020 General Appropriations Act,
2074 and notwithstanding the expiration date in section 42 of chapter
2075 2018-10, Laws of Florida, paragraph (b) of subsection (12) of
2076 section 817.568, Florida Statutes, is reenacted to read:
2077 817.568 Criminal use of personal identification
2078 information.—
2079 (12) In addition to any sanction imposed when a person
2080 pleads guilty or nolo contendere to, or is found guilty of,
2081 regardless of adjudication, a violation of this section, the
2082 court shall impose a surcharge of $1,001.
2083 (b) The sum of $250 of the surcharge shall be deposited
2084 into the State Attorneys Revenue Trust Fund for the purpose of
2085 funding prosecutions of offenses relating to the criminal use of
2086 personal identification information. The sum of $250 of the
2087 surcharge shall be deposited into the Indigent Criminal Defense
2088 Trust Fund for the purposes of indigent criminal defense related
2089 to the criminal use of personal identification information.
2090 Section 52. The text of ss. 318.18(19)(c) and
2091 817.568(12)(b), Florida Statutes, as carried forward from
2092 chapter 2018-10, Laws of Florida, by this act, expires July 1,
2093 2020, and the text of those paragraphs shall revert to that in
2094 existence on June 30, 2018, except that any amendments to such
2095 text enacted other than by this act shall be preserved and
2096 continue to operate to the extent that such amendments are not
2097 dependent upon the portions of text which expire pursuant to
2098 this section.
2099 Section 53. In order to implement Specific Appropriation
2100 3210 of the 2019-2020 General Appropriations Act, and
2101 notwithstanding s. 112.061(4), Florida Statutes:
2102 (1)(a) A Supreme Court justice who permanently resides
2103 outside Leon County may have, if he or she so requests, a
2104 district court of appeal courthouse, a county courthouse, or
2105 other appropriate facility in his or her district of residence
2106 designated as his or her official headquarters for purposes of
2107 s. 112.061, Florida Statutes. This official headquarters may
2108 serve only as the justice’s private chambers.
2109 (b) A justice for whom an official headquarters is
2110 designated in his or her district of residence under this
2111 subsection is eligible for subsistence at a rate to be
2112 established by the Chief Justice for each day or partial day
2113 that the justice is at the headquarters of the Supreme Court to
2114 conduct court business. In addition to the subsistence
2115 allowance, a justice is eligible for reimbursement for
2116 transportation expenses as provided in s. 112.061(7), Florida
2117 Statutes, for travel between the justice’s official headquarters
2118 and the headquarters of the Supreme Court to conduct court
2119 business.
2120 (c) Payment of subsistence and reimbursement for
2121 transportation expenses relating to travel between a justice’s
2122 official headquarters and the headquarters of the Supreme Court
2123 shall be made to the extent appropriated funds are available, as
2124 determined by the Chief Justice.
2125 (2) The Chief Justice shall coordinate with each affected
2126 justice and other state and local officials as necessary to
2127 implement paragraph (1)(a).
2128 (3)(a) This section does not require a county to provide
2129 space in a county courthouse for a justice. A county may enter
2130 into an agreement with the Supreme Court governing the use of
2131 space in a county courthouse.
2132 (b) The Supreme Court may not use state funds to lease
2133 space in a district court of appeal courthouse, a county
2134 courthouse, or another facility to allow a justice to establish
2135 an official headquarters pursuant to subsection (1).
2136 (4) This section expires July 1, 2020.
2137 Section 54. In order to implement appropriations used to
2138 pay existing lease contracts for private lease space in excess
2139 of 2,000 square feet in the 2019-2020 General Appropriations
2140 Act, the Department of Management Services, with the cooperation
2141 of the agencies having the existing lease contracts for office
2142 or storage space, shall use tenant broker services to
2143 renegotiate or reprocure all private lease agreements for office
2144 or storage space expiring between July 1, 2020, and June 30,
2145 2022, in order to reduce costs in future years. The department
2146 shall incorporate this initiative into its 2019 master leasing
2147 report required under s. 255.249(7), Florida Statutes, and may
2148 use tenant broker services to explore the possibilities of
2149 collocating office or storage space, to review the space needs
2150 of each agency, and to review the length and terms of potential
2151 renewals or renegotiations. The department shall provide a
2152 report to the Executive Office of the Governor, the President of
2153 the Senate, and the Speaker of the House of Representatives by
2154 November 1, 2019, which lists each lease contract for private
2155 office or storage space, the status of renegotiations, and the
2156 savings achieved. This section expires July 1, 2020.
2157 Section 55. In order to implement Specific Appropriations
2158 2839 through 2850A of the 2019-2020 General Appropriations Act,
2159 and notwithstanding rule 60A-1.031, Florida Administrative Code,
2160 the transaction fee collected for use of the online procurement
2161 system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
2162 Florida Statutes, is seven-tenths of 1 percent for the 2019-2020
2163 fiscal year only. This section expires July 1, 2020.
2164 Section 56. In order to implement appropriations authorized
2165 in the 2019-2020 General Appropriations Act for data center
2166 services, and notwithstanding s. 216.292(2)(a), Florida
2167 Statutes, an agency may not transfer funds from a data
2168 processing category to a category other than another data
2169 processing category. This section expires July 1, 2020.
2170 Section 57. In order to implement the appropriation of
2171 funds in the appropriation category “Data Processing Assessment
2172 Agency for State Technology” in the 2019-2020 General
2173 Appropriations Act, and pursuant to the notice, review, and
2174 objection procedures of s. 216.177, Florida Statutes, the
2175 Executive Office of the Governor may transfer funds appropriated
2176 in that category between departments in order to align the
2177 budget authority granted based on the estimated billing cycle
2178 and methodology used by the Agency for State Technology for data
2179 processing services provided. This section expires July 1, 2020.
2180 Section 58. In order to implement the appropriation of
2181 funds in the appropriation category “Special Categories-Risk
2182 Management Insurance” in the 2019-2020 General Appropriations
2183 Act, and pursuant to the notice, review, and objection
2184 procedures of s. 216.177, Florida Statutes, the Executive Office
2185 of the Governor may transfer funds appropriated in that category
2186 between departments in order to align the budget authority
2187 granted with the premiums paid by each department for risk
2188 management insurance. This section expires July 1, 2020.
2189 Section 59. In order to implement the appropriation of
2190 funds in the appropriation category “Special Categories-Transfer
2191 to Department of Management Services-Human Resources Services
2192 Purchased per Statewide Contract” in the 2019-2020 General
2193 Appropriations Act, and pursuant to the notice, review, and
2194 objection procedures of s. 216.177, Florida Statutes, the
2195 Executive Office of the Governor may transfer funds appropriated
2196 in that category between departments in order to align the
2197 budget authority granted with the assessments that must be paid
2198 by each agency to the Department of Management Services for
2199 human resource management services. This section expires July 1,
2200 2020.
2201 Section 60. In order to implement Specific Appropriations
2202 2421 through 2424 of the 2019-2020 General Appropriations Act:
2203 (1) The Department of Financial Services shall replace the
2204 four main components of the Florida Accounting Information
2205 Resource Subsystem (FLAIR), which include central FLAIR,
2206 departmental FLAIR, payroll, and information warehouse, and
2207 shall replace the cash management and accounting management
2208 components of the Cash Management Subsystem (CMS) with an
2209 integrated enterprise system that allows the state to organize,
2210 define, and standardize its financial management business
2211 processes and that complies with ss. 215.90-215.96, Florida
2212 Statutes. The department may not include in the replacement of
2213 FLAIR and CMS:
2214 (a) Functionality that duplicates any of the other
2215 information subsystems of the Florida Financial Management
2216 Information System; or
2217 (b) Agency business processes related to any of the
2218 functions included in the Personnel Information System, the
2219 Purchasing Subsystem, or the Legislative Appropriations
2220 System/Planning and Budgeting Subsystem.
2221 (2) For purposes of replacing FLAIR and CMS, the Department
2222 of Financial Services shall:
2223 (a) Take into consideration the cost and implementation
2224 data identified for Option 3 as recommended in the March 31,
2225 2014, Florida Department of Financial Services FLAIR Study,
2226 version 031.
2227 (b) Ensure that all business requirements and technical
2228 specifications have been provided to all state agencies for
2229 their review and input and approved by the executive steering
2230 committee established in paragraph (c).
2231 (c) Implement a project governance structure that includes
2232 an executive steering committee composed of:
2233 1. The Chief Financial Officer or the executive sponsor of
2234 the project.
2235 2. A representative of the Division of Treasury of the
2236 Department of Financial Services, appointed by the Chief
2237 Financial Officer.
2238 3. A representative of the Division of Information Systems
2239 of the Department of Financial Services, appointed by the Chief
2240 Financial Officer.
2241 4. Four employees from the Division of Accounting and
2242 Auditing of the Department of Financial Services, appointed by
2243 the Chief Financial Officer. Each employee must have experience
2244 relating to at least one of the four main components that
2245 compose FLAIR.
2246 5. Two employees from the Executive Office of the Governor,
2247 appointed by the Governor. One employee must have experience
2248 relating to the Legislative Appropriations System/Planning and
2249 Budgeting Subsystem.
2250 6. One employee from the Department of Revenue, appointed
2251 by the executive director, who has experience relating to the
2252 department’s SUNTAX system.
2253 7. Two employees from the Department of Management
2254 Services, appointed by the Secretary of Management Services. One
2255 employee must have experience relating to the department’s
2256 personnel information subsystem and one employee must have
2257 experience relating to the department’s purchasing subsystem.
2258 8. Three state agency administrative services directors,
2259 appointed by the Governor. One director must represent a
2260 regulatory and licensing state agency and one director must
2261 represent a health care-related state agency.
2262 (3) The Chief Financial Officer or the executive sponsor of
2263 the project shall serve as chair of the executive steering
2264 committee, and the committee shall take action by a vote of at
2265 least eight affirmative votes with the Chief Financial Officer
2266 or the executive sponsor of the project voting on the prevailing
2267 side. A quorum of the executive steering committee consists of
2268 at least 10 members.
2269 (4) The executive steering committee has the overall
2270 responsibility for ensuring that the project to replace FLAIR
2271 and CMS meets its primary business objectives and shall:
2272 (a) Identify and recommend to the Executive Office of the
2273 Governor, the President of the Senate, and the Speaker of the
2274 House of Representatives any statutory changes needed to
2275 implement the replacement subsystem that will standardize, to
2276 the fullest extent possible, the state’s financial management
2277 business processes.
2278 (b) Review and approve any changes to the project’s scope,
2279 schedule, and budget which do not conflict with the requirements
2280 of subsection (1).
2281 (c) Ensure that adequate resources are provided throughout
2282 all phases of the project.
2283 (d) Approve all major project deliverables.
2284 (e) Approve all solicitation-related documents associated
2285 with the replacement of FLAIR and CMS.
2286 (5) This section expires July 1, 2020.
2287 Section 61. In order to implement Specific Appropriations
2288 2782 through 2793A of the 2019-2020 General Appropriations Act,
2289 all powers, duties, functions, records, personnel, property,
2290 pending issues and existing contracts, administrative authority,
2291 and administrative rules in chapter 74-3, Florida Administrative
2292 Code, of the Budget and Policy Section and the Cost Recovery and
2293 Billing Section within the Agency for State Technology are
2294 transferred by a type two transfer, as defined in s. 20.06(2),
2295 Florida Statutes, to the Department of Management Services. This
2296 section expires July 1, 2020.
2297 Section 62. In order to implement Specific Appropriation
2298 2624 of the 2019-2020 General Appropriations Act, paragraph (d)
2299 is added to subsection (4) of section 112.061, Florida Statutes,
2300 to read:
2301 112.061 Per diem and travel expenses of public officers,
2302 employees, and authorized persons.—
2303 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
2304 officer or employee assigned to an office shall be the city or
2305 town in which the office is located except that:
2306 (d) A Lieutenant Governor who permanently resides outside
2307 of Leon County, may, if he or she so requests, have an
2308 appropriate facility in his or her county designated as his or
2309 her official headquarters for purposes of this section. This
2310 official headquarters may only serve as the Lieutenant
2311 Governor’s personal office. The Lieutenant Governor may not use
2312 state funds to lease space in any facility for his or her
2313 official headquarters.
2314 1. A Lieutenant Governor for whom an official headquarters
2315 is established in his or her county of residence pursuant to
2316 this paragraph is eligible for subsistence at a rate to be
2317 established by the Governor for each day or partial day that the
2318 Lieutenant Governor is at the State Capitol to conduct official
2319 state business. In addition to the subsistence allowance, a
2320 Lieutenant Governor is eligible for reimbursement for
2321 transportation expenses as provided in subsection (7) for travel
2322 between the Lieutenant Governor’s official headquarters and the
2323 State Capitol to conduct state business.
2324 2. Payment of subsistence and reimbursement for
2325 transportation between a Lieutenant Governor’s official
2326 headquarters and the State Capitol shall be made to the extent
2327 appropriated funds are available, as determined by the Governor.
2328 3. This paragraph expires July 1, 2020.
2329 Section 63. In order to implement Specific Appropriations
2330 2782 through 2793A of the 2019-2020 General Appropriations Act,
2331 subsection (4) of section 20.22, Florida Statutes, is amended to
2332 read:
2333 20.22 Department of Management Services.—There is created a
2334 Department of Management Services.
2335 (4) The Department of Management Services shall provide the
2336 Agency for State Technology with financial management oversight.
2337 The agency shall provide the department all documents and
2338 necessary information, as requested, to meet the requirements of
2339 this section. The department’s financial management oversight
2340 includes:
2341 (a) Developing and implementing cost-recovery mechanisms
2342 for the administrative and data center costs of services through
2343 agency assessments of applicable customer entities. Such cost
2344 recovery mechanisms must comply with applicable state and
2345 federal regulations concerning the distribution and use of funds
2346 and must ensure that, for each fiscal year, no service or
2347 customer entity subsidizes another service or customer entity.
2348 (b) Implementing an annual reconciliation process to ensure
2349 that each customer entity is paying for the full direct and
2350 indirect cost of each service as determined by the customer
2351 entity’s use of each service.
2352 (c) Providing rebates that may be credited against future
2353 billings to customer entities when revenues exceed costs.
2354 (d) Requiring each customer entity to transfer sufficient
2355 funds into the appropriate data processing appropriation
2356 category before implementing a customer entity’s request for a
2357 change in the type or level of service provided, if such change
2358 results in a net increase to the customer entity’s costs for
2359 that fiscal year.
2360 (e) By October 1, 2019 2018, providing to each customer
2361 entity’s agency head the estimated agency assessment cost by the
2362 Agency for State Technology for the following fiscal year. The
2363 agency assessment cost of each customer entity includes
2364 administrative and data center services costs of the agency.
2365 (f) Preparing the legislative budget request for the Agency
2366 for State Technology based on the issues requested and approved
2367 by the executive director of the Agency for State Technology.
2368 Upon the approval of the agency’s executive director, the
2369 Department of Management Services shall transmit the agency’s
2370 legislative budget request to the Governor and the Legislature
2371 pursuant to s. 216.023.
2372 (g) Providing a plan for consideration by the Legislative
2373 Budget Commission if the Agency for State Technology increases
2374 the cost of a service for a reason other than a customer
2375 entity’s request made under paragraph (d). Such a plan is
2376 required only if the service cost increase results in a net
2377 increase to a customer entity.
2378 (h) Providing a timely invoicing methodology to recover the
2379 cost of services provided to the customer entity pursuant to s.
2380 215.422.
2381 (i) Providing an annual reconciliation process of prior
2382 year expenditures completed on a timely basis and overall budget
2383 management pursuant to chapter 216.
2384
2385 (j) This subsection expires July 1, 2020 2019.
2386 Section 64. In order to implement Specific Appropriations
2387 1573 through 1579A of the 2019-2020 General Appropriations Act,
2388 subsection (9) of section 20.255, Florida Statutes, is amended
2389 to read:
2390 20.255 Department of Environmental Protection.—There is
2391 created a Department of Environmental Protection.
2392 (9) The department shall act as the lead agency of the
2393 executive branch for the development and review of policies,
2394 practices, and standards related to geospatial data. The
2395 department shall coordinate and promote geospatial data sharing
2396 throughout the state government and serve as the primary point
2397 of contact for statewide geographic information systems
2398 projects, grants, and resources. This subsection expires July 1,
2399 2020 2019.
2400 Section 65. Effective July 1, 2019, and upon the expiration
2401 and reversion of the amendments made to section 20.61, Florida
2402 Statutes, pursuant to section 61 of chapter 2018-10, Laws of
2403 Florida, and in order to implement Specific Appropriation 3008A
2404 of the 2019-2020 General Appropriations Act, section 20.61,
2405 Florida Statutes, is amended to read:
2406 20.61 Agency for State Technology.—The Agency for State
2407 Technology is created within the Department of Management
2408 Services. The agency is a separate budget program and is not
2409 subject to control, supervision, or direction by the Department
2410 of Management Services, including, but not limited to,
2411 purchasing, transactions involving real or personal property, or
2412 personnel, with the exception of financial management, which
2413 shall be provided by the Department of Management Services
2414 pursuant to s. 20.22, and or budgetary matters.
2415 (1)(a) The executive director of the agency shall serve as
2416 the state’s chief information officer and shall be appointed by
2417 the Governor, subject to confirmation by the Senate.
2418 (b) The executive director must be a proven, effective
2419 administrator who preferably has executive-level experience in
2420 both the public and private sectors in development and
2421 implementation of information technology strategic planning;
2422 management of enterprise information technology projects,
2423 particularly management of large-scale consolidation projects;
2424 and development and implementation of fiscal and substantive
2425 information technology policy.
2426 (2) The following positions are established within the
2427 agency, all of whom shall be appointed by the executive
2428 director:
2429 (a) Deputy executive director, who shall serve as the
2430 deputy chief information officer.
2431 (b) Chief planning officer and six strategic planning
2432 coordinators. One coordinator shall be assigned to each of the
2433 following major program areas: health and human services,
2434 education, government operations, criminal and civil justice,
2435 agriculture and natural resources, and transportation and
2436 economic development. The duties and responsibilities of
2437 strategic planning coordinators include the following:
2438 1. Conducting quarterly meetings with customers to identify
2439 performance improvements, monitor agency performance metrics,
2440 and publish an annual report on the agency’s performance by
2441 January 5 of each year.
2442 2. Conducting research on innovative information technology
2443 and identifying current initiatives by other state, local, or
2444 federal agencies that align with these innovations.
2445 3. Producing an annual Information Technology Strategic
2446 Plan including, at a minimum, a portfolio of IT projects for the
2447 state; the status of and future goals for the state’s security
2448 of information technology resources; disaster recovery for the
2449 state’s information technology infrastructure and applications;
2450 and the transitioning of information technology resources to a
2451 cloud platform, service, or infrastructure by January 5 of each
2452 year.
2453 4. Reviewing and making recommendations on state agencies’
2454 budget requests related to information technology resources.
2455 5. Monitoring information technology procurements by state
2456 agencies, as provided in s. 282.0051(6).
2457 (c) Chief data center operations officer, who shall have 10
2458 years of experience leading and operating a data center facility
2459 and expertise in cloud computing management.
2460 (d) Chief information security officer.
2461 (e) Chief technology officer.
2462 (3) The Technology Advisory Council, consisting of seven
2463 members, is established within the Agency for State Technology
2464 and shall be maintained pursuant to s. 20.052. Four members of
2465 the council shall be appointed by the Governor, two of whom must
2466 be from the private sector and one of whom must be a
2467 cybersecurity expert. The President of the Senate and the
2468 Speaker of the House of Representatives shall each appoint one
2469 member of the council. The Attorney General, the Commissioner of
2470 Agriculture and Consumer Services, and the Chief Financial
2471 Officer shall jointly appoint one member by agreement of a
2472 majority of these officers. Upon initial establishment of the
2473 council, two of the Governor’s appointments shall be for 2-year
2474 terms. Thereafter, all appointments shall be for 4-year terms.
2475 (a) The council shall consider and make recommendations to
2476 the executive director on such matters as enterprise information
2477 technology policies, standards, services, and architecture. The
2478 council may also identify and recommend opportunities for the
2479 establishment of public-private partnerships when considering
2480 technology infrastructure and services in order to accelerate
2481 project delivery and provide a source of new or increased
2482 project funding.
2483 (b) The executive director shall consult with the council
2484 with regard to executing the duties and responsibilities of the
2485 agency related to statewide information technology strategic
2486 planning and policy.
2487 (c) The council shall be governed by the Code of Ethics for
2488 Public Officers and Employees as set forth in part III of
2489 chapter 112, and each member must file a statement of financial
2490 interests pursuant to s. 112.3145.
2491 Section 66. The amendment to s. 20.61, Florida Statutes, by
2492 this act expires July 1, 2020, and the text of that section
2493 shall revert to that in existence on June 30, 2018, except that
2494 any amendments to such text enacted other than by this act shall
2495 be preserved and continue to operate to the extent that such
2496 amendments are not dependent upon the portions of text which
2497 expire pursuant to this section.
2498 Section 67. In order to implement Specific Appropriations
2499 3008A through 3008Z of the 2019-2020 General Appropriations Act,
2500 and notwithstanding the expiration date in section 61 of chapter
2501 2018-10, Laws of Florida, subsections (5), (20), and (28) of
2502 section 282.0041, Florida Statutes, are reenacted to read:
2503 282.0041 Definitions.—As used in this chapter, the term:
2504 (5) “Customer entity” means an entity that obtains services
2505 from the Agency for State Technology.
2506 (20) “Service-level agreement” means a written contract
2507 between the Agency for State Technology and a customer entity
2508 which specifies the scope of services provided, service level,
2509 the duration of the agreement, the responsible parties, and
2510 agency assessment costs, which include administrative and data
2511 center costs. A service-level agreement is not a rule pursuant
2512 to chapter 120.
2513 (28) “Agency assessment” means the amount each customer
2514 entity must pay annually for services from the Agency for State
2515 Technology and includes administrative and data center services
2516 costs.
2517 Section 68. In order to implement Specific Appropriations
2518 3008H through 3008Z of the 2019-2020 General Appropriations Act,
2519 and notwithstanding the expiration date in section 61 of chapter
2520 2018-10, Laws of Florida, subsection (11) of section 282.0051,
2521 Florida Statutes, is reenacted to read:
2522 282.0051 Agency for State Technology; powers, duties, and
2523 functions.—The Agency for State Technology shall have the
2524 following powers, duties, and functions:
2525 (11) Provide operational management and oversight of the
2526 state data center established pursuant to s. 282.201, which
2527 includes:
2528 (a) Implementing industry standards and best practices for
2529 the state data center’s facilities, operations, maintenance,
2530 planning, and management processes.
2531 (b) Developing and implementing appropriate operating
2532 guidelines and procedures necessary for the state data center to
2533 perform its duties pursuant to s. 282.201. The guidelines and
2534 procedures must comply with applicable state and federal laws,
2535 regulations, and policies and conform to generally accepted
2536 governmental accounting and auditing standards. The guidelines
2537 and procedures must include, but not be limited to:
2538 1. Implementing a consolidated administrative support
2539 structure responsible for providing procurement, transactions
2540 involving real or personal property, human resources, and
2541 operational support.
2542 2. Standardizing and consolidating procurement and
2543 contracting practices.
2544 (c) In collaboration with the Department of Law
2545 Enforcement, developing and implementing a process for
2546 detecting, reporting, and responding to information technology
2547 security incidents, breaches, and threats.
2548 (d) Adopting rules relating to the operation of the state
2549 data center.
2550 (e) Beginning May 1, 2016, and annually thereafter,
2551 conducting a market analysis to determine whether the state’s
2552 approach to the provision of data center services is the most
2553 effective and efficient manner by which its customer entities
2554 can acquire such services, based on federal, state, and local
2555 government trends; best practices in service provision; and the
2556 acquisition of new and emerging technologies. The results of the
2557 market analysis shall assist the state data center in making
2558 adjustments to its data center service offerings.
2559 Section 69. In order to implement Specific Appropriation
2560 3008F of the 2019-2020 General Appropriations Act, and
2561 notwithstanding the expiration date in section 61 of chapter
2562 2018-10, Laws of Florida, paragraph (d) of subsection (2) of
2563 section 282.201, Florida Statutes, is reenacted to read:
2564 282.201 State data center.—The state data center is
2565 established within the Agency for State Technology and shall
2566 provide data center services that are hosted on premises or
2567 externally through a third-party provider as an enterprise
2568 information technology service. The provision of data center
2569 services must comply with applicable state and federal laws,
2570 regulations, and policies, including all applicable security,
2571 privacy, and auditing requirements.
2572 (2) STATE DATA CENTER DUTIES.—The state data center shall:
2573 (d) Enter into a service-level agreement with each customer
2574 entity to provide the required type and level of service or
2575 services. If a customer entity fails to execute an agreement
2576 within 60 days after commencement of a service, the state data
2577 center may cease service. A service-level agreement may not have
2578 a term exceeding 3 years and at a minimum must:
2579 1. Identify the parties and their roles, duties, and
2580 responsibilities under the agreement.
2581 2. State the duration of the contract term and specify the
2582 conditions for renewal.
2583 3. Identify the scope of work.
2584 4. Identify the products or services to be delivered with
2585 sufficient specificity to permit an external financial or
2586 performance audit.
2587 5. Establish the services to be provided, the business
2588 standards that must be met for each service, the cost of each
2589 service, and the metrics and processes by which the business
2590 standards for each service are to be objectively measured and
2591 reported.
2592 6. Provide a procedure for modifying the service-level
2593 agreement based on changes in the type, level, and cost of a
2594 service.
2595 7. Include a right-to-audit clause to ensure that the
2596 parties to the agreement have access to records for audit
2597 purposes during the term of the service-level agreement.
2598 8. Provide that a service-level agreement may be terminated
2599 by either party for cause only after giving the other party and
2600 the Agency for State Technology notice in writing of the cause
2601 for termination and an opportunity for the other party to
2602 resolve the identified cause within a reasonable period.
2603 9. Provide for mediation of disputes by the Division of
2604 Administrative Hearings pursuant to s. 120.573.
2605 Section 70. The text of s. 282.0041(5), (20), and (28); s.
2606 282.0051(11); and s. 282.201(2)(d), Florida Statutes, as carried
2607 forward from chapter 2018-10, Laws of Florida, by this act,
2608 expire July 1, 2020, and the text of those subsections and
2609 paragraph, as applicable, shall revert to that in existence on
2610 June 30, 2018, except that any amendments to such text enacted
2611 other than by this act shall be preserved and continue to
2612 operate to the extent that such amendments are not dependent
2613 upon the portions of text which expire pursuant to this section.
2614 Section 71. In order to implement Specific Appropriation
2615 3109 of the 2019-2020 General Appropriations Act, subsection (1)
2616 of section 409.2567, Florida Statutes, is amended to read:
2617 409.2567 Services to individuals not otherwise eligible.—
2618 (1) All support services provided by the department shall
2619 be made available on behalf of all dependent children. Services
2620 shall be provided upon acceptance of public assistance or upon
2621 proper application filed with the department. The federally
2622 required application fee for individuals who do not receive
2623 public assistance is $1, which shall be waived for all
2624 applicants and paid by the department. The annual fee required
2625 under 42 U.S.C. s. 654(6)(B), as amended by Pub. L. No. 115-123,
2626 for cases involving an individual who has never received
2627 temporary cash assistance and for whom the department has
2628 collected the federally required amount at least $500 of support
2629 shall be paid by the department.
2630 Section 72. The amendment to s. 409.2567(1), Florida
2631 Statutes, by this act expires July 1, 2020, and the text of that
2632 subsection shall revert to that in existence on June 30, 2019,
2633 except that any amendments to such text enacted other than by
2634 this act shall be preserved and continue to operate to the
2635 extent that such amendments are not dependent upon the portions
2636 of text which expire pursuant to this section.
2637 Section 73. In order to implement Specific Appropriations
2638 1654 through 1656 of the 2019-2020 General Appropriations Act,
2639 paragraph (d) of subsection (11) of section 216.181, Florida
2640 Statutes, is amended to read:
2641 216.181 Approved budgets for operations and fixed capital
2642 outlay.—
2643 (11)
2644 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
2645 for the 2019-2020 2018-2019 fiscal year only, the Legislative
2646 Budget Commission may increase the amounts appropriated to the
2647 Fish and Wildlife Conservation Commission or the Department of
2648 Environmental Protection for fixed capital outlay projects,
2649 including additional fixed capital outlay projects, using funds
2650 provided to the state from the Gulf Environmental Benefit Fund
2651 administered by the National Fish and Wildlife Foundation; funds
2652 provided to the state from the Gulf Coast Restoration Trust Fund
2653 related to the Resources and Ecosystems Sustainability, Tourist
2654 Opportunities, and Revived Economies of the Gulf Coast Act of
2655 2012 (RESTORE Act); or funds provided by the British Petroleum
2656 Corporation (BP) for natural resource damage assessment
2657 restoration projects. Concurrent with submission of an amendment
2658 to the Legislative Budget Commission pursuant to this paragraph,
2659 any project that carries a continuing commitment for future
2660 appropriations by the Legislature must be specifically
2661 identified, together with the projected amount of the future
2662 commitment associated with the project and the fiscal years in
2663 which the commitment is expected to commence. This paragraph
2664 expires July 1, 2020 2019.
2665
2666 The provisions of this subsection are subject to the notice and
2667 objection procedures set forth in s. 216.177.
2668 Section 74. In order to implement specific appropriations
2669 from the land acquisition trust funds within the Department of
2670 Agriculture and Consumer Services, the Department of
2671 Environmental Protection, the Department of State, and the Fish
2672 and Wildlife Conservation Commission, which are contained in the
2673 2019-2020 General Appropriations Act, subsection (3) of section
2674 215.18, Florida Statutes, is amended to read:
2675 215.18 Transfers between funds; limitation.—
2676 (3) Notwithstanding subsection (1) and only with respect to
2677 a land acquisition trust fund in the Department of Agriculture
2678 and Consumer Services, the Department of Environmental
2679 Protection, the Department of State, or the Fish and Wildlife
2680 Conservation Commission, whenever there is a deficiency in a
2681 land acquisition trust fund which would render that trust fund
2682 temporarily insufficient to meet its just requirements,
2683 including the timely payment of appropriations from that trust
2684 fund, and other trust funds in the State Treasury have moneys
2685 that are for the time being or otherwise in excess of the
2686 amounts necessary to meet the just requirements, including
2687 appropriated obligations, of those other trust funds, the
2688 Governor may order a temporary transfer of moneys from one or
2689 more of the other trust funds to a land acquisition trust fund
2690 in the Department of Agriculture and Consumer Services, the
2691 Department of Environmental Protection, the Department of State,
2692 or the Fish and Wildlife Conservation Commission. Any action
2693 proposed pursuant to this subsection is subject to the notice,
2694 review, and objection procedures of s. 216.177, and the Governor
2695 shall provide notice of such action at least 7 days before the
2696 effective date of the transfer of trust funds, except that
2697 during July 2019 2018, notice of such action shall be provided
2698 at least 3 days before the effective date of a transfer unless
2699 such 3-day notice is waived by the chair and vice-chair of the
2700 Legislative Budget Commission. Any transfer of trust funds to a
2701 land acquisition trust fund in the Department of Agriculture and
2702 Consumer Services, the Department of Environmental Protection,
2703 the Department of State, or the Fish and Wildlife Conservation
2704 Commission must be repaid to the trust funds from which the
2705 moneys were loaned by the end of the 2019-2020 2018-2019 fiscal
2706 year. The Legislature has determined that the repayment of the
2707 other trust fund moneys temporarily loaned to a land acquisition
2708 trust fund in the Department of Agriculture and Consumer
2709 Services, the Department of Environmental Protection, the
2710 Department of State, or the Fish and Wildlife Conservation
2711 Commission pursuant to this subsection is an allowable use of
2712 the moneys in a land acquisition trust fund because the moneys
2713 from other trust funds temporarily loaned to a land acquisition
2714 trust fund shall be expended solely and exclusively in
2715 accordance with s. 28, Art. X of the State Constitution. This
2716 subsection expires July 1, 2020 2019.
2717 Section 75. (1) In order to implement specific
2718 appropriations from the land acquisition trust funds within the
2719 Department of Agriculture and Consumer Services, the Department
2720 of Environmental Protection, the Department of State, and the
2721 Fish and Wildlife Conservation Commission, which are contained
2722 in the 2019-2020 General Appropriations Act, the Department of
2723 Environmental Protection shall transfer revenues from the Land
2724 Acquisition Trust Fund within the department to the land
2725 acquisition trust funds within the Department of Agriculture and
2726 Consumer Services, the Department of State, and the Fish and
2727 Wildlife Conservation Commission, as provided in this section.
2728 As used in this section, the term “department” means the
2729 Department of Environmental Protection.
2730 (2) After subtracting any required debt service payments,
2731 the proportionate share of revenues to be transferred to each
2732 land acquisition trust fund shall be calculated by dividing the
2733 appropriations from each of the land acquisition trust funds for
2734 the fiscal year by the total appropriations from the Land
2735 Acquisition Trust Fund within the department and the land
2736 acquisition trust funds within the Department of Agriculture and
2737 Consumer Services, the Department of State, and the Fish and
2738 Wildlife Conservation Commission for the fiscal year. The
2739 department shall transfer the proportionate share of the
2740 revenues in the Land Acquisition Trust Fund within the
2741 department on a monthly basis to the appropriate land
2742 acquisition trust funds within the Department of Agriculture and
2743 Consumer Services, the Department of State, and the Fish and
2744 Wildlife Conservation Commission and shall retain its
2745 proportionate share of the revenues in the Land Acquisition
2746 Trust Fund within the department. Total distributions to a land
2747 acquisition trust fund within the Department of Agriculture and
2748 Consumer Services, the Department of State, and the Fish and
2749 Wildlife Conservation Commission may not exceed the total
2750 appropriations from such trust fund for the fiscal year.
2751 (3) In addition, the department shall transfer from the
2752 Land Acquisition Trust Fund to land acquisition trust funds
2753 within the Department of Agriculture and Consumer Services, the
2754 Department of State, and the Fish and Wildlife Conservation
2755 Commission amounts equal to the difference between the amounts
2756 appropriated in chapter 2018-9, Laws of Florida, to the
2757 department’s Land Acquisition Trust Fund and the other land
2758 acquisition trust funds, and the amounts actually transferred
2759 between those trust funds during the 2018-2019 fiscal year.
2760 (4) The department may advance funds from the beginning
2761 unobligated fund balance in the Land Acquisition Trust Fund to
2762 the Land Acquisition Trust Fund within the Fish and Wildlife
2763 Conservation Commission needed for cash flow purposes based on a
2764 detailed expenditure plan. The department shall prorate amounts
2765 transferred quarterly to the Fish and Wildlife Conservation
2766 Commission to recoup the amount of funds advanced by June 30,
2767 2020.
2768 (5) This section expires July 1, 2020.
2769 Section 76. In order to implement Specific Appropriation
2770 1640 of the 2019-2020 General Appropriations Act, and
2771 notwithstanding the expiration date in section 68 of chapter
2772 2018-10, Laws of Florida, paragraph (a) of subsection (6) of
2773 section 373.470, Florida Statutes, is reenacted to read:
2774 373.470 Everglades restoration.—
2775 (6) DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST FUND.—
2776 (a) Except as provided in paragraphs (d) and (e) and for
2777 funds appropriated for debt service, the department shall
2778 distribute funds in the Save Our Everglades Trust Fund to the
2779 district in accordance with a legislative appropriation and s.
2780 373.026(8)(b). Distribution of funds to the district from the
2781 Save Our Everglades Trust Fund or the Land Acquisition Trust
2782 Fund shall be equally matched by the cumulative contributions
2783 from the district by fiscal year 2019-2020 by providing funding
2784 or credits toward project components. The dollar value of in
2785 kind project design and construction work by the district in
2786 furtherance of the comprehensive plan and existing interest in
2787 public lands needed for a project component are credits towards
2788 the district’s contributions.
2789 Section 77. The text of s. 373.470(6)(a), Florida Statutes,
2790 as carried forward from chapter 2017-71, Laws of Florida, by
2791 this act, expires July 1, 2020, and the text of that paragraph
2792 shall revert to that in existence on June 30, 2017, except that
2793 any amendments to such text enacted other than by this act shall
2794 be preserved and continue to operate to the extent that such
2795 amendments are not dependent upon the portions of text which
2796 expire pursuant to this section.
2797 Section 78. In order to implement Specific Appropriation
2798 1781 of the 2019-2020 General Appropriations Act, paragraph (e)
2799 of subsection (11) of section 216.181, Florida Statutes, is
2800 amended to read:
2801 216.181 Approved budgets for operations and fixed capital
2802 outlay.—
2803 (11)
2804 (e) Notwithstanding paragraph (b) and paragraph (2)(b), and
2805 for the 2019-2020 2018-2019 fiscal year only, the Legislative
2806 Budget Commission may increase the amounts appropriated to the
2807 Department of Environmental Protection for fixed capital outlay
2808 projects using funds provided to the state from the
2809 environmental mitigation trust administered by a trustee
2810 designated by the United States District Court for the Northern
2811 District of California for eligible mitigation actions and
2812 mitigation action expenditures described in the partial consent
2813 decree entered into between the United States of America and
2814 Volkswagen relating to violations of the Clean Air Act.
2815 Concurrent with submission of an amendment to the Legislative
2816 Budget Commission pursuant to this paragraph, any project that
2817 carries a continuing commitment for future appropriations by the
2818 Legislature must be specifically identified, together with the
2819 projected amount of the future commitment associated with the
2820 project and the fiscal years in which the commitment is expected
2821 to commence. This paragraph expires July 1, 2020 2019.
2822
2823 The provisions of this subsection are subject to the notice and
2824 objection procedures set forth in s. 216.177.
2825 Section 79. In order to implement Specific Appropriation
2826 1607 of the 2019-2020 General Appropriations Act, paragraph (m)
2827 of subsection (3) of section 259.105, Florida Statutes, is
2828 amended to read:
2829 259.105 The Florida Forever Act.—
2830 (3) Less the costs of issuing and the costs of funding
2831 reserve accounts and other costs associated with bonds, the
2832 proceeds of cash payments or bonds issued pursuant to this
2833 section shall be deposited into the Florida Forever Trust Fund
2834 created by s. 259.1051. The proceeds shall be distributed by the
2835 Department of Environmental Protection in the following manner:
2836 (m) Notwithstanding paragraphs (a)-(j) and for the 2019
2837 2020 2018-2019 fiscal year, only:
2838 1. the amount of $45 million $77 million to only the
2839 Division of State Lands within the Department of Environmental
2840 Protection for the Board of Trustees Florida Forever Priority
2841 List land acquisition projects. This paragraph expires July 1,
2842 2020.
2843 2. The amount of $10 million to the Department of
2844 Environmental Protection for use by the Florida Communities
2845 Trust for the purposes of part III of chapter 380, as described
2846 and limited by this subsection, and grants to local governments
2847 or nonprofit environmental organizations that are tax-exempt
2848 under s. 501(c)(3) of the United States Internal Revenue Code
2849 for the acquisition of community-based projects, urban open
2850 spaces, parks, and greenways to implement local government
2851 comprehensive plans. From funds available to the trust and used
2852 for land acquisition, 75 percent shall be matched by local
2853 governments on a dollar-for-dollar basis. The Legislature
2854 intends that the Florida Communities Trust emphasize funding
2855 projects in low-income or otherwise disadvantaged communities
2856 and projects that provide areas for direct water access and
2857 water-dependent facilities that are open to the public and offer
2858 public access by vessels to waters of the state, including boat
2859 ramps and associated parking and other support facilities. At
2860 least 30 percent of the total allocation provided to the trust
2861 shall be used in Standard Metropolitan Statistical Areas, but
2862 one-half of that amount shall be used in localities in which the
2863 project site is located in built-up commercial, industrial, or
2864 mixed-use areas and functions to intersperse open spaces within
2865 congested urban core areas. From funds allocated to the trust,
2866 no less than 5 percent shall be used to acquire lands for
2867 recreational trail systems, provided that in the event these
2868 funds are not needed for such projects, they will be available
2869 for other trust projects. Local governments may use federal
2870 grants or loans, private donations, or environmental mitigation
2871 funds for any part or all of any local match required for
2872 acquisitions funded through the Florida Communities Trust. Any
2873 lands purchased by nonprofit organizations using funds allocated
2874 under this paragraph must provide for such lands to remain
2875 permanently in public use through a reversion of title to local
2876 or state government, conservation easement, or other appropriate
2877 mechanism. Projects funded with funds allocated to the trust
2878 shall be selected in a competitive process measured against
2879 criteria adopted in rule by the trust.
2880 3. The sum of $2 million to the Department of Environmental
2881 Protection for the acquisition of land and capital project
2882 expenditures necessary to implement the Stan Mayfield Working
2883 Waterfronts Program within the Florida Communities Trust
2884 pursuant to s. 380.5105.
2885 4. The sum of $2 million to the Department of Environmental
2886 Protection for grants pursuant to s. 375.075(1)-(4).
2887
2888 This paragraph expires July 1, 2019.
2889 Section 80. In order to implement Specific Appropriation
2890 1642 of the 2019-2020 General Appropriations Act, subsection (6)
2891 is added to section 206.9935, Florida Statutes, to read:
2892 206.9935 Taxes imposed.—
2893 (6) The sum of $40 million shall be transferred from the
2894 amount credited to the Inland Protection Trust Fund pursuant to
2895 subsection (3) to the Water Protection and Sustainability
2896 Program Trust Fund and used for the purposes specified in s.
2897 373.707. This subsection expires July 1, 2020.
2898 Section 81. In order to implement Specific Appropriation
2899 1642 of the 2019-2020 General Appropriations Act, paragraph (a)
2900 of subsection (6) of section 373.707, Florida Statutes, is
2901 amended to read:
2902 373.707 Alternative water supply development.—
2903 (6)(a) If state funds are provided through specific
2904 appropriation or pursuant to the Water Protection and
2905 Sustainability Program, such funds serve to supplement existing
2906 water management district or basin board funding for alternative
2907 water supply development assistance and should not result in a
2908 reduction of such funding. For each project identified in the
2909 annual funding plans prepared pursuant to s. 373.536(6)(a)4.,
2910 the water management districts shall include in the annual
2911 tentative and adopted budget submittals required under this
2912 chapter the amount of funds allocated for water resource
2913 development that supports alternative water supply development
2914 and the funds allocated for alternative water supply projects.
2915 Each It shall be the goal of each water management district and
2916 basin board shall allocate boards that the combined funds
2917 allocated annually for these purposes be, at a minimum, the
2918 equivalent of 100 percent of the state funding provided to the
2919 water management district for the alternative water supply
2920 project development. If this goal is not achieved, the water
2921 management district shall provide in the budget submittal an
2922 explanation of the reasons or constraints that prevent this goal
2923 from being met and an explanation of how the goal will be met in
2924 future years, and affirmation of match is required during the
2925 budget review process as established under s. 373.536(5). The
2926 Suwannee River Water Management District and the Northwest
2927 Florida Water Management District are shall not be required to
2928 meet the match requirements of this paragraph; however, they
2929 shall try to achieve the match requirement to the greatest
2930 extent practicable.
2931 Section 82. The amendment to s. 373.707(6)(a), Florida
2932 Statutes, by this act expires July 1, 2020, and the text of that
2933 paragraph shall revert to that in existence on June 30, 2019,
2934 except that any amendments to such text enacted other than by
2935 this act shall be preserved and continue to operate to the
2936 extent that such amendments are not dependent upon the portions
2937 of text which expire pursuant to this section.
2938 Section 83. In order to implement Specific Appropriation
2939 2682 of the 2019-2020 General Appropriations Act, paragraph (b)
2940 of subsection (3) and subsection (5) of section 321.04, Florida
2941 Statutes, are amended to read:
2942 321.04 Personnel of the highway patrol; rank
2943 classifications; probationary status of new patrol officers;
2944 subsistence; special assignments.—
2945 (3)
2946 (b) For the 2019-2020 2018-2019 fiscal year only, upon the
2947 request of the Governor, the Department of Highway Safety and
2948 Motor Vehicles shall assign one or more patrol officers to the
2949 office of the patrol officer shall be assigned to the Lieutenant
2950 Governor for security services. This paragraph expires July 1,
2951 2020 2019.
2952 (5) For the 2019-2020 2018-2019 fiscal year only, the
2953 assignment of a patrol officer by the department shall include a
2954 Cabinet member specified in s. 4, Art. IV of the State
2955 Constitution if deemed appropriate by the department or in
2956 response to a threat and upon written request of such Cabinet
2957 member. This subsection expires July 1, 2020 2019.
2958 Section 84. In order to implement Specific Appropriations
2959 2316 and 2316A of the 2019-2020 General Appropriations Act,
2960 subsection (3) of section 420.9079, Florida Statutes, is amended
2961 to read:
2962 420.9079 Local Government Housing Trust Fund.—
2963 (3) For the 2019-2020 2018-2019 fiscal year, funds may be
2964 used as provided in the General Appropriations Act. This
2965 subsection expires July 1, 2020 2019.
2966 Section 85. In order to implement Specific Appropriations
2967 2315, 2316, and 2316A of the 2019-2020 General Appropriations
2968 Act, subsection (2) of section 420.0005, Florida Statutes, is
2969 amended to read:
2970 420.0005 State Housing Trust Fund; State Housing Fund.—
2971 (2) For the 2019-2020 2018-2019 fiscal year, funds may be
2972 used as provided in the General Appropriations Act. This
2973 subsection expires July 1, 2020 2019.
2974 Section 86. In order to implement Specific Appropriations
2975 1939 through 1952, 1958 through 1961, 1974 through 1982, 1984
2976 through 1993, and 2033 through 2045 of the 2019-2020 General
2977 Appropriations Act, paragraph (g) of subsection (7) of section
2978 339.135, Florida Statutes, is amended to read:
2979 339.135 Work program; legislative budget request;
2980 definitions; preparation, adoption, execution, and amendment.—
2981 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
2982 (g)1. Any work program amendment which also requires the
2983 transfer of fixed capital outlay appropriations between
2984 categories within the department or the increase of an
2985 appropriation category is subject to the approval of the
2986 Legislative Budget Commission.
2987 2. If a meeting of the Legislative Budget Commission cannot
2988 be held within 30 days after the department submits an amendment
2989 to the Legislative Budget Commission, the chair and vice chair
2990 of the Legislative Budget Commission may authorize such
2991 amendment to be approved pursuant to s. 216.177. This
2992 subparagraph expires July 1, 2020.
2993 Section 87. In order to implement Specific Appropriation
2994 1975 of the 2019-2020 General Appropriations Act, subsection (8)
2995 is added to section 339.2818, Florida Statutes, to read:
2996 339.2818 Small County Outreach Program.—
2997 (8) Subject to a specific appropriation in addition to
2998 funds annually appropriated for projects under this section, a
2999 county or a municipality that is within a county designated in
3000 the Federal Emergency Management Agency disaster declaration DR
3001 4399 may compete for the additional project funding using the
3002 criteria listed in subsection (4) at up to 100 percent of
3003 project costs to repair damage due to Hurricane Michael,
3004 excluding capacity improvement projects. This subsection expires
3005 July 1, 2020.
3006 Section 88. In order to implement the salaries and
3007 benefits, expenses, other personal services, contracted
3008 services, special categories, and operating capital outlay
3009 categories of the 2019-2020 General Appropriations Act,
3010 paragraph (a) of subsection (2) of section 216.292, Florida
3011 Statutes, is amended to read:
3012 216.292 Appropriations nontransferable; exceptions.—
3013 (2) The following transfers are authorized to be made by
3014 the head of each department or the Chief Justice of the Supreme
3015 Court whenever it is deemed necessary by reason of changed
3016 conditions:
3017 (a) The transfer of appropriations funded from identical
3018 funding sources, except appropriations for fixed capital outlay,
3019 and the transfer of amounts included within the total original
3020 approved budget and plans of releases of appropriations as
3021 furnished pursuant to ss. 216.181 and 216.192, as follows:
3022 1. Between categories of appropriations within a budget
3023 entity, if no category of appropriation is increased or
3024 decreased by more than 5 percent of the original approved budget
3025 or $250,000, whichever is greater, by all action taken under
3026 this subsection.
3027 2. Between budget entities within identical categories of
3028 appropriations, if no category of appropriation is increased or
3029 decreased by more than 5 percent of the original approved budget
3030 or $250,000, whichever is greater, by all action taken under
3031 this subsection.
3032 3. Any agency exceeding salary rate established pursuant to
3033 s. 216.181(8) on June 30th of any fiscal year shall not be
3034 authorized to make transfers pursuant to subparagraphs 1. and 2.
3035 in the subsequent fiscal year.
3036 4. Notice of proposed transfers under subparagraphs 1. and
3037 2. shall be provided to the Executive Office of the Governor and
3038 the chairs of the legislative appropriations committees at least
3039 3 days prior to agency implementation in order to provide an
3040 opportunity for review. The review shall be limited to ensuring
3041 that the transfer is in compliance with the requirements of this
3042 paragraph.
3043 5. For the 2019-2020 2018-2019 fiscal year, the review
3044 shall ensure that transfers proposed pursuant to this paragraph
3045 comply with this chapter, maximize the use of available and
3046 appropriate trust funds, and are not contrary to legislative
3047 policy and intent. This subparagraph expires July 1, 2020 2019.
3048 Section 89. In order to implement section 8 of the 2019
3049 2020 General Appropriations Act, notwithstanding s.
3050 110.123(3)(f) and (j), Florida Statutes, the Department of
3051 Management Services shall maintain and offer the same PPO and
3052 HMO health plan alternatives to the participants of the State
3053 Group Health Insurance Program during the 2019-2020 fiscal year
3054 which were in effect for the 2018-2019 fiscal year. This section
3055 expires July 1, 2020.
3056 Section 90. In order to implement the appropriation of
3057 funds in the special categories, contracted services, and
3058 expenses categories of the 2019-2020 General Appropriations Act,
3059 a state agency may not initiate a competitive solicitation for a
3060 product or service if the completion of such competitive
3061 solicitation would:
3062 (1) Require a change in law; or
3063 (2) Require a change to the agency’s budget other than a
3064 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
3065 unless the initiation of such competitive solicitation is
3066 specifically authorized in law, in the General Appropriations
3067 Act, or by the Legislative Budget Commission.
3068
3069 This section does not apply to a competitive solicitation for
3070 which the agency head certifies that a valid emergency exists.
3071 This section expires July 1, 2020.
3072 Section 91. In order to implement appropriations for
3073 salaries and benefits in the 2019-2020 General Appropriations
3074 Act, subsection (6) of section 112.24, Florida Statutes, is
3075 amended to read:
3076 112.24 Intergovernmental interchange of public employees.
3077 To encourage economical and effective utilization of public
3078 employees in this state, the temporary assignment of employees
3079 among agencies of government, both state and local, and
3080 including school districts and public institutions of higher
3081 education is authorized under terms and conditions set forth in
3082 this section. State agencies, municipalities, and political
3083 subdivisions are authorized to enter into employee interchange
3084 agreements with other state agencies, the Federal Government,
3085 another state, a municipality, or a political subdivision
3086 including a school district, or with a public institution of
3087 higher education. State agencies are also authorized to enter
3088 into employee interchange agreements with private institutions
3089 of higher education and other nonprofit organizations under the
3090 terms and conditions provided in this section. In addition, the
3091 Governor or the Governor and Cabinet may enter into employee
3092 interchange agreements with a state agency, the Federal
3093 Government, another state, a municipality, or a political
3094 subdivision including a school district, or with a public
3095 institution of higher learning to fill, subject to the
3096 requirements of chapter 20, appointive offices which are within
3097 the executive branch of government and which are filled by
3098 appointment by the Governor or the Governor and Cabinet. Under
3099 no circumstances shall employee interchange agreements be
3100 utilized for the purpose of assigning individuals to participate
3101 in political campaigns. Duties and responsibilities of
3102 interchange employees shall be limited to the mission and goals
3103 of the agencies of government.
3104 (6) For the 2019-2020 2018-2019 fiscal year only, the
3105 assignment of an employee of a state agency as provided in this
3106 section may be made if recommended by the Governor or Chief
3107 Justice, as appropriate, and approved by the chairs of the
3108 legislative appropriations committees. Such actions shall be
3109 deemed approved if neither chair provides written notice of
3110 objection within 14 days after receiving notice of the action
3111 pursuant to s. 216.177. This subsection expires July 1, 2020
3112 2019.
3113 Section 92. In order to implement Specific Appropriations
3114 2751 and 2752 of the 2019-2020 General Appropriations Act, and
3115 notwithstanding s. 11.13(1), Florida Statutes, the authorized
3116 salaries for members of the Legislature for the 2019-2020 fiscal
3117 year shall be set at the same level in effect on July 1, 2010.
3118 This section expires July 1, 2020.
3119 Section 93. In order to implement the transfer of funds to
3120 the General Revenue Fund from trust funds for the 2019-2020
3121 General Appropriations Act, and notwithstanding the expiration
3122 date in section 83 of chapter 2018-10, Laws of Florida,
3123 paragraph (b) of subsection (2) of section 215.32, Florida
3124 Statutes, is reenacted to read:
3125 215.32 State funds; segregation.—
3126 (2) The source and use of each of these funds shall be as
3127 follows:
3128 (b)1. The trust funds shall consist of moneys received by
3129 the state which under law or under trust agreement are
3130 segregated for a purpose authorized by law. The state agency or
3131 branch of state government receiving or collecting such moneys
3132 is responsible for their proper expenditure as provided by law.
3133 Upon the request of the state agency or branch of state
3134 government responsible for the administration of the trust fund,
3135 the Chief Financial Officer may establish accounts within the
3136 trust fund at a level considered necessary for proper
3137 accountability. Once an account is established, the Chief
3138 Financial Officer may authorize payment from that account only
3139 upon determining that there is sufficient cash and releases at
3140 the level of the account.
3141 2. In addition to other trust funds created by law, to the
3142 extent possible, each agency shall use the following trust funds
3143 as described in this subparagraph for day-to-day operations:
3144 a. Operations or operating trust fund, for use as a
3145 depository for funds to be used for program operations funded by
3146 program revenues, with the exception of administrative
3147 activities when the operations or operating trust fund is a
3148 proprietary fund.
3149 b. Operations and maintenance trust fund, for use as a
3150 depository for client services funded by third-party payors.
3151 c. Administrative trust fund, for use as a depository for
3152 funds to be used for management activities that are departmental
3153 in nature and funded by indirect cost earnings and assessments
3154 against trust funds. Proprietary funds are excluded from the
3155 requirement of using an administrative trust fund.
3156 d. Grants and donations trust fund, for use as a depository
3157 for funds to be used for allowable grant or donor agreement
3158 activities funded by restricted contractual revenue from private
3159 and public nonfederal sources.
3160 e. Agency working capital trust fund, for use as a
3161 depository for funds to be used pursuant to s. 216.272.
3162 f. Clearing funds trust fund, for use as a depository for
3163 funds to account for collections pending distribution to lawful
3164 recipients.
3165 g. Federal grant trust fund, for use as a depository for
3166 funds to be used for allowable grant activities funded by
3167 restricted program revenues from federal sources.
3168
3169 To the extent possible, each agency must adjust its internal
3170 accounting to use existing trust funds consistent with the
3171 requirements of this subparagraph. If an agency does not have
3172 trust funds listed in this subparagraph and cannot make such
3173 adjustment, the agency must recommend the creation of the
3174 necessary trust funds to the Legislature no later than the next
3175 scheduled review of the agency’s trust funds pursuant to s.
3176 215.3206.
3177 3. All such moneys are hereby appropriated to be expended
3178 in accordance with the law or trust agreement under which they
3179 were received, subject always to the provisions of chapter 216
3180 relating to the appropriation of funds and to the applicable
3181 laws relating to the deposit or expenditure of moneys in the
3182 State Treasury.
3183 4.a. Notwithstanding any provision of law restricting the
3184 use of trust funds to specific purposes, unappropriated cash
3185 balances from selected trust funds may be authorized by the
3186 Legislature for transfer to the Budget Stabilization Fund and
3187 General Revenue Fund in the General Appropriations Act.
3188 b. This subparagraph does not apply to trust funds required
3189 by federal programs or mandates; trust funds established for
3190 bond covenants, indentures, or resolutions whose revenues are
3191 legally pledged by the state or public body to meet debt service
3192 or other financial requirements of any debt obligations of the
3193 state or any public body; the Division of Licensing Trust Fund
3194 in the Department of Agriculture and Consumer Services; the
3195 State Transportation Trust Fund; the trust fund containing the
3196 net annual proceeds from the Florida Education Lotteries; the
3197 Florida Retirement System Trust Fund; trust funds under the
3198 management of the State Board of Education or the Board of
3199 Governors of the State University System, where such trust funds
3200 are for auxiliary enterprises, self-insurance, and contracts,
3201 grants, and donations, as those terms are defined by general
3202 law; trust funds that serve as clearing funds or accounts for
3203 the Chief Financial Officer or state agencies; trust funds that
3204 account for assets held by the state in a trustee capacity as an
3205 agent or fiduciary for individuals, private organizations, or
3206 other governmental units; and other trust funds authorized by
3207 the State Constitution.
3208 Section 94. The amendment to s. 215.32(2)(b), Florida
3209 Statutes, as carried forward from chapter 2011-47, Laws of
3210 Florida, by this act, expires July 1, 2020, and the text of that
3211 paragraph shall revert to that in existence on June 30, 2011,
3212 except that any amendments to such text enacted other than by
3213 this act shall be preserved and continue to operate to the
3214 extent that such amendments are not dependent upon the portions
3215 of text which expire pursuant to this section.
3216 Section 95. In order to implement appropriations in the
3217 2019-2020 General Appropriations Act for state employee travel,
3218 the funds appropriated to each state agency which may be used
3219 for travel by state employees are limited during the 2019-2020
3220 fiscal year to travel for activities that are critical to each
3221 state agency’s mission. Funds may not be used for travel by
3222 state employees to foreign countries, other states, conferences,
3223 staff training activities, or other administrative functions
3224 unless the agency head has approved, in writing, that such
3225 activities are critical to the agency’s mission. The agency head
3226 shall consider using teleconferencing and other forms of
3227 electronic communication to meet the needs of the proposed
3228 activity before approving mission-critical travel. This section
3229 does not apply to travel for law enforcement purposes, military
3230 purposes, emergency management activities, or public health
3231 activities. This section expires July 1, 2020.
3232 Section 96. In order to implement the appropriation of
3233 funds in the special categories, contracted services, and
3234 expenses categories of the 2019-2020 General Appropriations Act,
3235 a state agency may not enter into a contract containing a
3236 nondisclosure clause that prohibits the contractor from
3237 disclosing information relevant to the performance of the
3238 contract to members or staff of the Senate or the House of
3239 Representatives. This section expires July 1, 2020.
3240 Section 97. Any section of this act which implements a
3241 specific appropriation or specifically identified proviso
3242 language in the 2019-2020 General Appropriations Act is void if
3243 the specific appropriation or specifically identified proviso
3244 language is vetoed. Any section of this act which implements
3245 more than one specific appropriation or more than one portion of
3246 specifically identified proviso language in the 2019-2020
3247 General Appropriations Act is void if all the specific
3248 appropriations or portions of specifically identified proviso
3249 language are vetoed.
3250 Section 98. If any other act passed during the 2019 Regular
3251 Session of the Legislature contains a provision that is
3252 substantively the same as a provision in this act, but that
3253 removes or is otherwise not subject to the future repeal applied
3254 to such provision by this act, the Legislature intends that the
3255 provision in the other act takes precedence and continues to
3256 operate, notwithstanding the future repeal provided by this act.
3257 Section 99. If any provision of this act or its application
3258 to any person or circumstance is held invalid, the invalidity
3259 does not affect other provisions or applications of the act
3260 which can be given effect without the invalid provision or
3261 application, and to this end the provisions of this act are
3262 severable.
3263 Section 100. Except as otherwise expressly provided in this
3264 act and except for this section, which shall take effect upon
3265 this act becoming a law, this act shall take effect July 1,
3266 2019; or, if this act fails to become a law until after that
3267 date, it shall take effect upon becoming a law and shall operate
3268 retroactively to July 1, 2019.
