Bill Text: FL S2502 | 2022 | Regular Session | Prefiled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementing the 2022-2023 General Appropriations Act
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-17 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2022-S2502-Prefiled.html
Bill Title: Implementing the 2022-2023 General Appropriations Act
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-17 - Laid on Table, refer to HB 5003 [S2502 Detail]
Download: Florida-2022-S2502-Prefiled.html
Florida Senate - 2022 (PROPOSED BILL) SPB 2502
FOR CONSIDERATION By the Committee on Appropriations
576-01782-22 20222502pb
1 A bill to be entitled
2 An act implementing the 2022-2023 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in the General Appropriations
8 Act; reenacting and amending s. 1013.62(1), F.S.;
9 specifying the source of capital outlay funding for
10 charter schools; providing for the future expiration
11 and reversion of specified statutory text; amending s.
12 1011.62, F.S.; extending for 1 fiscal year
13 authorization for the Legislature to provide a funding
14 compression and hold harmless allocation; amending s.
15 1011.62, F.S.; revising caps relating to the
16 determination of sparsity supplements; revising
17 requirements relating to computing district sparsity
18 indexes; providing for the future expiration and
19 reversion of specified statutory text; reenacting s.
20 1001.26(1), F.S., relating to the public broadcasting
21 program system; extending for 1 fiscal year
22 authorization for the Department of Education to
23 provide certain appropriated funds to certain
24 education television stations and public colleges and
25 universities for public broadcasting; providing for
26 the future expiration and reversion of specified
27 statutory text; amending ss. 1011.80 and 1011.81,
28 F.S.; extending for 1 fiscal year the requirement that
29 the Credentials Review Committee of the state
30 workforce development board develop a specified
31 funding formula to allocate specified school district
32 performance funds and institution performance funds,
33 respectively; authorizing the Agency for Health Care
34 Administration, in consultation with the Department of
35 Health, to submit a budget amendment to realign
36 funding for a component of the Children’s Medical
37 Services program to reflect actual enrollment changes;
38 specifying requirements for such realignment;
39 authorizing the agency to request nonoperating budget
40 authority for transferring certain federal funds to
41 the Department of Health; authorizing the Agency for
42 Health Care Administration to submit a budget
43 amendment to realign Medicaid funding for specified
44 purposes, subject to certain limitations; authorizing
45 the Agency for Health Care Administration and the
46 Department of Health to each submit a budget amendment
47 to realign funding within the Florida Kidcare program
48 appropriation categories or increase budget authority
49 for certain purposes; specifying the time period
50 during which each such budget amendment must be
51 submitted; amending ss. 381.986 and 381.988, F.S.;
52 extending for 1 year the exemption of certain rules
53 pertaining to the medical use of marijuana from
54 certain rulemaking requirements; amending s. 14(1) of
55 chapter 2017-232, Laws of Florida; exempting certain
56 rules pertaining to medical marijuana adopted to
57 replace emergency rules from specified rulemaking
58 requirements; providing for the future expiration and
59 reversion of specified law; authorizing the Department
60 of Children and Families to submit a budget amendment
61 to realign funding for implementation of the
62 Guardianship Assistance Program; authorizing the
63 Department of Children and Families to submit a budget
64 amendment to realign funding within the Family Safety
65 Program for specified purposes; authorizing the
66 Department of Children and Families to submit a budget
67 amendment to realign funding between appropriation
68 categories for specified purposes; authorizing the
69 Department of Health to submit a budget amendment to
70 increase budget authority for the HIV/AIDS Prevention
71 and Treatment Program if a certain condition is met;
72 authorizing the Department of Health to submit a
73 budget amendment to increase budget authority for the
74 department if additional federal revenues specific to
75 COVID-19 relief funds become available; reenacting and
76 amending s. 42(1)-(5) of chapter 2020-114, Laws of
77 Florida, as amended; prohibiting the Agency for Health
78 Care Administration from including certain contracts
79 in a specified project for the Florida Medicaid
80 program; extending for 1 fiscal year provisions
81 governing the Agency for Health Care Administration’s
82 replacement of the Florida Medicaid Management
83 Information System (FMMIS) and fiscal agent
84 operations; amending s. 216.262, F.S.; extending for 1
85 fiscal year the authority of the Department of
86 Corrections to submit a budget amendment for
87 additional positions and appropriations under certain
88 circumstances; requiring review and approval by the
89 Legislative Budget Commission; amending s. 1011.80,
90 F.S.; specifying the manner by which state funds for
91 postsecondary workforce programs may be used for
92 inmate education; providing for the future expiration
93 and reversion of specified statutory text; amending s.
94 215.18, F.S.; extending for 1 fiscal year the
95 authority and related repayment requirements for
96 temporary trust fund loans to the state court system
97 which are sufficient to meet the system’s
98 appropriation; requiring the Department of Juvenile
99 Justice to review county juvenile detention payments
100 to determine whether a county has met specified
101 financial responsibilities; requiring amounts owed by
102 the county for such financial responsibilities to be
103 deducted from certain county funds; requiring the
104 Department of Revenue to transfer withheld funds to a
105 specified trust fund; requiring the Department of
106 Revenue to ensure that such reductions in amounts
107 distributed do not reduce distributions below amounts
108 necessary for certain payments due on bonds and comply
109 with bond covenants; requiring the Department of
110 Revenue to notify the Department of Juvenile Justice
111 if bond payment requirements mandate a reduction in
112 deductions for amounts owed by a county; reenacting s.
113 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S.,
114 relating to court-appointed counsel; extending for 1
115 fiscal year provisions governing the appointment of
116 court-appointed counsel; providing for the future
117 expiration and reversion of specified statutory text;
118 amending s. 27.5304, F.S., and reenacting subsections
119 (1), (3), (7), and (11) and paragraphs (12)(a)-(e),
120 relating to private court-appointed counsel; extending
121 for 1 fiscal year limitations on compensation for
122 representation in criminal proceedings; providing for
123 the future expiration and reversion of specified
124 statutory text; authorizing the Department of
125 Financial Services to submit a budget amendment to
126 increase the category to pay for the information data
127 warehouse; authorizing the Department of Lottery to
128 submit a budget amendment to increase the
129 appropriation for the implementation for a new prize
130 payment system; requiring the Department of Management
131 Services to use tenant broker services to renegotiate
132 or reprocure certain private lease agreements for
133 office or storage space; requiring the Department of
134 Management Services to provide a report to the
135 Governor and the Legislature by a specified date;
136 prohibiting an agency from transferring funds from a
137 data processing category to another category that is
138 not a data processing category; authorizing the
139 Executive Office of the Governor to transfer funds
140 appropriated for the a specified data center category
141 between departments for a specified purpose;
142 authorizing the Executive Office of the Governor to
143 transfer funds between departments for purposes of
144 aligning amounts paid for risk management insurance
145 and for human resource management services purchased
146 per statewide contract; reenacting and amending s.
147 72(1)-(5) of chapter 2020-114, Laws of Florida, as
148 amended; extending for 1 fiscal year provisions
149 requiring the Department of Financial Services to
150 replace specified components of the Florida Accounting
151 Information Resource Subsystem (FLAIR) and the Cash
152 Management Subsystem (CMS); amending s. 215.18, F.S.;
153 extending for 1 fiscal year the authority of the
154 Governor, if there is a specified temporary deficiency
155 in a land acquisition trust fund in the Department of
156 Agriculture and Consumer Services, the Department of
157 Environmental Protection, the Department of State, or
158 the Fish and Wildlife Conservation Commission, to
159 transfer funds from other trust funds in the State
160 Treasury as a temporary loan to such trust fund;
161 providing a deadline for the repayment of a temporary
162 loan; requiring the Department of Environmental
163 Protection to transfer designated proportions of the
164 revenues deposited in the Land Acquisition Trust Fund
165 within the department to land acquisition trust funds
166 in the Department of Agriculture and Consumer
167 Services, the Department of State, and the Fish and
168 Wildlife Conservation Commission according to
169 specified parameters and calculations; defining the
170 term “department”; requiring the Department of
171 Environmental Protection to make monthly transfers to
172 specified land acquisition trust funds; specifying the
173 method of determining transfer amounts; authorizing
174 the Department of Environmental Protection to advance
175 funds from its land acquisition trust fund to the Fish
176 and Wildlife Conservation Commission’s land
177 acquisition trust fund for specified purposes;
178 amending s. 576.045, F.S.; extending for 1 year the
179 expiration date of provisions relating to
180 fertilization-management practices and nitrogen and
181 phosphorus residues; amending s. 375.041, F.S.;
182 specifying that certain funds for projects dedicated
183 to restoring Lake Apopka shall be appropriated as
184 provided in the General Appropriations Act; reenacting
185 s. 376.3071(15)(g), F.S., relating to the Inland
186 Protection Trust Fund; exempting specified costs
187 incurred by certain petroleum storage system owners or
188 operators during a specified period from the
189 prohibition against making payments in excess of
190 amounts approved by the Department of Environmental
191 Protection; providing for the future expiration and
192 reversion of specified statutory text; reenacting s.
193 282.709, F.S., relating to the state agency law
194 enforcement radio system and interoperability network;
195 authorizing state agencies and other eligible users of
196 the Statewide Law Enforcement Radio System (SLERS) to
197 use a specified Department of Management Services
198 contract for purchases of equipment and services;
199 providing for the future expiration and reversion of
200 specified statutory text; exempting specified
201 competitive procurement requirements for the
202 Department of Environmental Protection for the
203 procurement of commodities and contractual services in
204 response to the Piney Point facility closure; amending
205 s. 321.04, F.S.; extending for 1 fiscal year the
206 requirement that the Department of Highway Safety and
207 Motor Vehicles assign one or more patrol officers to
208 the office of Lieutenant Governor for security
209 purposes, upon request of the Governor; extending for
210 1 fiscal year the requirement that the Department of
211 Highway Safety and Motor Vehicles assign a patrol
212 officer to a Cabinet member under certain
213 circumstances; amending s. 215.559, F.S.; delaying the
214 repeal of provisions governing the Division of
215 Emergency Management’s Hurricane Loss Mitigation
216 Program; amending s. 288.80125, F.S.; extending for 1
217 fiscal year a requirement that funds in the Triumph
218 Gulf Coast Trust Fund be used for the Rebuild Florida
219 Revolving Loan Fund program for purposes related to
220 Hurricane Michael recovery; reenacting and amending s.
221 339.08, F.S.; deleting obsolete language;
222 appropriating funds to the State Transportation Trust
223 Fund from the General Revenue Fund; reenacting and
224 amending s. 339.135, F.S.; extending for 1 year
225 authorization for the chair and vice chair of the
226 Legislative Budget Commission to approve certain work
227 program amendments under specified circumstances;
228 amending s. 331.3101, F.S.; revising requirements for
229 Space Florida’s annual report to the Legislature
230 relating to expenses; revising requirements relating
231 to travel and entertainment expenses of Space Florida;
232 prohibiting Space Florida from expending certain funds
233 for specified purposes; providing a cap on lodging
234 expenses for board members, staff, and employees of
235 Space Florida under certain circumstances; authorizing
236 board members, staff, and employees of Space Florida
237 to expend their own funds for lodging expenses in
238 excess of the cap; amending s. 337.11, F.S.; requiring
239 the Department of Transportation to implement certain
240 strategies relating to the design, inspection, and
241 construction of projects; requiring the department to
242 submit a report to the Governor and the Legislature by
243 a specified date detailing such strategies and project
244 savings; authorizing the department to share certain
245 realized construction cost savings with design
246 services consultants under certain circumstances;
247 providing a cap for the amount paid to such
248 consultants; requiring the Department of Economic
249 Opportunity, in the administration of economic
250 development programs, to give priority to applications
251 for projects that benefit the on-shoring of
252 manufacturing to the state; amending s. 112.061, F.S.;
253 extending for 1 fiscal year the authorization for the
254 Lieutenant Governor to designate an alternative
255 official headquarters under certain conditions;
256 specifying restrictions, limitations, eligibility for
257 the subsistence allowance, reimbursement of
258 transportation expenses, and payment thereof;
259 requiring the Department of Management Services to
260 release certain competitive procurements by a
261 specified date; providing requirements for such
262 procurements; providing legislative intent;
263 authorizing the department to enter into contracts
264 that may require the payment of administrative fees
265 under a specified amount; requiring the department to
266 maintain and offer the same health insurance options
267 for participants of the State Group Health Insurance
268 Program for the 2022-2023 fiscal year as applied in
269 the preceding fiscal year; prohibiting a state agency
270 from initiating a competitive solicitation for a
271 product or service under certain circumstances;
272 providing an exception; providing that the annual
273 salaries of the members of the Legislature be
274 maintained at a specified level; reenacting s.
275 215.32(2)(b), F.S., relating to the source and use of
276 certain trust funds; providing for the future
277 expiration and reversion of statutory text; specifying
278 the types of travel which may be used with state
279 employee travel funds; providing exceptions; providing
280 a monetary cap on lodging costs for state employee
281 travel to certain meetings organized or sponsored by a
282 state agency or the judicial branch; authorizing
283 employees to expend their own funds for lodging
284 expenses that exceed the monetary cap; prohibiting a
285 state agency from entering into a contract containing
286 certain nondisclosure agreements; reenacting and
287 amending s. 14.35, F.S.; extending for 1 fiscal year
288 provisions authorizing the Governor’s Medal of
289 Freedom; providing conditions under which the veto of
290 certain appropriations or proviso language in the
291 General Appropriations Act voids language that
292 implements such appropriation; providing for the
293 continued operation of certain provisions
294 notwithstanding a future repeal or expiration provided
295 by the act; providing severability; providing
296 effective dates.
297
298 Be It Enacted by the Legislature of the State of Florida:
299
300 Section 1. It is the intent of the Legislature that the
301 implementing and administering provisions of this act apply to
302 the General Appropriations Act for the 2022-2023 fiscal year.
303 Section 2. In order to implement Specific Appropriations 5,
304 6, 86, and 87 of the 2022-2023 General Appropriations Act, the
305 calculations of the Florida Education Finance Program for the
306 2022-2023 fiscal year included in the document titled “Public
307 School Funding: The Florida Education Finance Program (FEFP)
308 Fiscal Year 2022-2023,” dated February 4, 2022, and filed with
309 the Secretary of the Senate, are incorporated by reference for
310 the purpose of displaying the calculations used by the
311 Legislature, consistent with the requirements of state law, in
312 making appropriations for the Florida Education Finance Program.
313 This section expires July 1, 2023.
314 Section 3. In order to implement Specific Appropriations 5
315 and 86 of the 2022-2023 General Appropriations Act, and
316 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
317 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the
318 expenditure of funds provided for instructional materials, for
319 the 2022-2023 fiscal year, funds provided for instructional
320 materials shall be released and expended as required in the
321 proviso language for Specific Appropriation 86 of the 2022-2023
322 General Appropriations Act. This section expires July 1, 2023.
323 Section 4. In order to implement Specific Appropriation 15
324 of the 2022-2023 General Appropriations Act, and notwithstanding
325 the expiration date in section 5 of chapter 2021-37, Laws of
326 Florida, subsection (1) of section 1013.62, Florida Statutes, is
327 reenacted and amended to read:
328 1013.62 Charter schools capital outlay funding.—
329 (1) For the 2022-2023 2021-2022 fiscal year, charter school
330 capital outlay funding shall consist of state funds appropriated
331 in the 2022-2023 2021-2022 General Appropriations Act. Beginning
332 in fiscal year 2023-2024 2022-2023, charter school capital
333 outlay funding shall consist of state funds when such funds are
334 appropriated in the General Appropriations Act and revenue
335 resulting from the discretionary millage authorized in s.
336 1011.71(2) if the amount of state funds appropriated for charter
337 school capital outlay in any fiscal year is less than the
338 average charter school capital outlay funds per unweighted full
339 time equivalent student for the 2018-2019 fiscal year,
340 multiplied by the estimated number of charter school students
341 for the applicable fiscal year, and adjusted by changes in the
342 Consumer Price Index issued by the United States Department of
343 Labor from the previous fiscal year. Nothing in this subsection
344 prohibits a school district from distributing to charter schools
345 funds resulting from the discretionary millage authorized in s.
346 1011.71(2).
347 (a) To be eligible to receive capital outlay funds, a
348 charter school must:
349 1.a. Have been in operation for 2 or more years;
350 b. Be governed by a governing board established in the
351 state for 2 or more years which operates both charter schools
352 and conversion charter schools within the state;
353 c. Be an expanded feeder chain of a charter school within
354 the same school district that is currently receiving charter
355 school capital outlay funds;
356 d. Have been accredited by a regional accrediting
357 association as defined by State Board of Education rule;
358 e. Serve students in facilities that are provided by a
359 business partner for a charter school-in-the-workplace pursuant
360 to s. 1002.33(15)(b); or
361 f. Be operated by a hope operator pursuant to s. 1002.333.
362 2. Have an annual audit that does not reveal any of the
363 financial emergency conditions provided in s. 218.503(1) for the
364 most recent fiscal year for which such audit results are
365 available.
366 3. Have satisfactory student achievement based on state
367 accountability standards applicable to the charter school.
368 4. Have received final approval from its sponsor pursuant
369 to s. 1002.33 for operation during that fiscal year.
370 5. Serve students in facilities that are not provided by
371 the charter school’s sponsor.
372 (b) A charter school is not eligible to receive capital
373 outlay funds if it was created by the conversion of a public
374 school and operates in facilities provided by the charter
375 school’s sponsor for a nominal fee, or at no charge, or if it is
376 directly or indirectly operated by the school district.
377 Section 5. The amendments to s. 1013.62(1), Florida
378 Statutes, by this act expire July 1, 2023, and the text of that
379 subsection shall revert to that in existence on June 30, 2020,
380 except that any amendments to such text enacted other than by
381 this act shall be preserved and continue to operate to the
382 extent that such amendments are not dependent upon the portions
383 of text which expire pursuant to this section.
384 Section 6. In order to implement Specific Appropriations 5
385 and 86 of the 2022-2023 General Appropriations Act, subsection
386 (15) of section 1011.62, Florida Statutes, is amended to read:
387 1011.62 Funds for operation of schools.—If the annual
388 allocation from the Florida Education Finance Program to each
389 district for operation of schools is not determined in the
390 annual appropriations act or the substantive bill implementing
391 the annual appropriations act, it shall be determined as
392 follows:
393 (15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
394 Legislature may provide an annual funding compression and hold
395 harmless allocation in the General Appropriations Act. The
396 allocation is created to provide additional funding to school
397 districts if the school district’s total funds per FTE in the
398 prior year were less than the statewide average or if the school
399 district’s district cost differential in the current year is
400 less than the prior year. The total allocation shall be
401 distributed to eligible school districts as follows:
402 (a) Using the most recent prior year FEFP calculation for
403 each eligible school district, subtract the total school
404 district funds per FTE from the state average funds per FTE, not
405 including any adjustments made pursuant to paragraph (17)(b).
406 The resulting funds per FTE difference, or a portion thereof, as
407 designated in the General Appropriations Act, shall then be
408 multiplied by the school district’s total unweighted FTE.
409 (b) Multiply the absolute value of the difference between
410 the eligible school district’s current year district cost
411 differential and the prior year district cost differential by a
412 hold harmless factor as designated in the General Appropriations
413 Act. The result is the district cost differential hold harmless
414 index. Multiply the index by the eligible school district’s
415 weighted FTE and by the base student allocation as designated in
416 the General Appropriations Act.
417 (c) For each district, select the greater of the amounts
418 calculated in paragraphs (a) and (b) and upon summation, if the
419 total amount is greater than the amount included in the General
420 Appropriations Act, the allocation shall be prorated to the
421 appropriation amount based on each participating school
422 district’s share.
423
424 This subsection expires July 1, 2023 2022.
425 Section 7. In order to implement Specific Appropriations 5
426 and 86 of the 2022-2023 General Appropriations Act, paragraphs
427 (a) and (b) of subsection (7) of section 1011.62, Florida
428 Statutes, are amended to read:
429 1011.62 Funds for operation of schools.—If the annual
430 allocation from the Florida Education Finance Program to each
431 district for operation of schools is not determined in the
432 annual appropriations act or the substantive bill implementing
433 the annual appropriations act, it shall be determined as
434 follows:
435 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
436 (a) Annually, in an amount to be determined by the
437 Legislature through the General Appropriations Act, there shall
438 be added to the basic amount for current operation of the FEFP
439 qualified districts a sparsity supplement which shall be
440 computed as follows:
441
442 Sparsity Factor = 1101.8918 – 0.1101
443 2700 + districtsparsityindex
444 except that districts with a sparsity index of 1,000 or less
445 shall be computed as having a sparsity index of 1,000, and
446 districts having a sparsity index of 7,308 and above shall be
447 computed as having a sparsity factor of zero. A qualified
448 district’s full-time equivalent student membership shall equal
449 or be less than that prescribed annually by the Legislature in
450 the appropriations act. The amount prescribed annually by the
451 Legislature shall be no less than 17,000, but no more than
452 30,000 24,000.
453 (b) The district sparsity index shall be computed by
454 dividing the total number of full-time equivalent students in
455 all programs in the district by the number of senior high school
456 centers in the district, not in excess of three, which centers
457 are approved as permanent centers by a survey made by the
458 Department of Education. For districts with a full-time
459 equivalent student membership of at least 20,000, but no more
460 than 30,000 24,000, the index shall be computed by dividing the
461 total number of full-time equivalent students in all programs by
462 the number of permanent senior high school centers in the
463 district, not in excess of four.
464 Section 8. The amendments to s. 1011.62(7)(a) and (b),
465 Florida Statutes, made by this act expire July 1, 2023, and the
466 text of that subsection shall revert to that in existence on
467 June 30, 2022, except that any amendments to such text enacted
468 other than by this act shall be preserved and continue to
469 operate to the extent that such amendments are not dependent
470 upon the portions of text which expire pursuant to this section.
471 Section 9. In order to implement Specific Appropriation 114
472 of the 2022-2023 General Appropriations Act, and notwithstanding
473 the expiration date in section 8 of chapter 2021-37, Laws of
474 Florida, subsection (1) of section 1001.26, Florida Statutes, is
475 reenacted to read:
476 1001.26 Public broadcasting program system.—
477 (1) There is created a public broadcasting program system
478 for the state. The department shall provide funds, as
479 specifically appropriated in the General Appropriations Act, to
480 educational television stations qualified by the Corporation for
481 Public Broadcasting or public colleges and universities that are
482 part of the public broadcasting program system. The program
483 system must include:
484 (a) Support for existing Corporation for Public
485 Broadcasting qualified program system educational television
486 stations.
487 (b) Maintenance of quality broadcast capability for
488 educational stations that are part of the program system.
489 (c) Interconnection of all educational stations that are
490 part of the program system for simultaneous broadcast and of
491 such stations with all universities and other institutions as
492 necessary for sharing of resources and delivery of programming.
493 (d) Establishment and maintenance of a capability for
494 statewide program distribution with facilities and staff,
495 provided such facilities and staff complement and strengthen
496 existing educational television stations.
497 (e) Provision of both statewide programming funds and
498 station programming support for educational television to meet
499 statewide priorities. Priorities for station programming need
500 not be the same as priorities for programming to be used
501 statewide. Station programming may include, but shall not be
502 limited to, citizens’ participation programs, music and fine
503 arts programs, coverage of public hearings and governmental
504 meetings, equal air time for political candidates, and other
505 public interest programming.
506 Section 10. The text of s. 1001.26(1), Florida Statutes, as
507 carried forward from chapter 2018-10, Laws of Florida, by this
508 act, expires July 1, 2023, and the text of that subsection shall
509 revert to that in existence on June 30, 2018, except that any
510 amendment to such text enacted other than by this act shall be
511 preserved and continue to operate to the extent that such
512 amendments are not dependent upon the portions of text which
513 expire pursuant to this section.
514 Section 11. In order to implement Specific Appropriation
515 115 of the 2022-2023 General Appropriations Act, paragraph (b)
516 of subsection (7) of section 1011.80, Florida Statutes, is
517 amended to read:
518 1011.80 Funds for operation of workforce education
519 programs.—
520 (7)
521 (b) Performance funding for industry certifications for
522 school district workforce education programs is contingent upon
523 specific appropriation in the General Appropriations Act and
524 shall be determined as follows:
525 1. Industry certifications identified on the CAPE Industry
526 Certification Funding List approved by the State Board of
527 Education under s. 1008.44 are eligible for performance funding.
528 2. Each school district shall be provided $1,000 for each
529 industry certification earned by a workforce education student.
530 If funds are insufficient to fully fund the calculated total
531 award, such funds shall be prorated. Beginning with the 2023
532 2024 2022-2023 fiscal year, the Credentials Review Committee
533 established in s. 445.004 shall develop a returned-value funding
534 formula to allocate school district performance funds that
535 rewards student job placements and wages for students earning
536 industry certifications, with a focus on increasing the economic
537 mobility of underserved populations. One-third of the
538 performance funds shall be allocated based on student job
539 placements. The remaining two-thirds shall be allocated using a
540 tiered weighted system based on aggregate student wages that
541 exceed minimum wage, with the highest weight applied to the
542 highest wage tier, with additional weight for underserved
543 populations. Student wages above minimum wage are considered to
544 be the value added by the institution’s training. At a minimum,
545 the formula must take into account variables such as differences
546 in population and wages across school districts.
547 Section 12. In order to implement Specific Appropriation
548 123 of the 2022-2023 General Appropriations Act, paragraph (b)
549 of subsection (2) of section 1011.81, Florida Statutes, is
550 amended to read:
551 1011.81 Florida College System Program Fund.—
552 (2) Performance funding for industry certifications for
553 Florida College System institutions is contingent upon specific
554 appropriation in the General Appropriations Act and shall be
555 determined as follows:
556 (b) Each Florida College System institution shall be
557 provided $1,000 for each industry certification earned by a
558 student under paragraph (a). If funds are insufficient to fully
559 fund the calculated total award, such funds shall be prorated.
560 Beginning with the 2023-2024 2022-2023 fiscal year, the
561 Credentials Review Committee established in s. 445.004 shall
562 develop a returned-value funding formula to allocate institution
563 performance funds that rewards student job placements and wages
564 for students earning industry certifications, with a focus on
565 increasing the economic mobility of underserved populations.
566 One-third of the performance funds shall be allocated based on
567 student job placements. The remaining two-thirds shall be
568 allocated using a tiered, weighted system based on aggregate
569 student wages that exceed minimum wage, with the highest weight
570 applied to the highest wage tier, with additional weight for
571 underserved populations. Student wages above minimum wage are
572 considered to be the value added by the institution’s training.
573 At a minimum, the formula must take into account variables such
574 as differences in population and wages across the state.
575 Section 13. The amendments to ss. 1011.80(7)(b) and
576 1011.81(2)(b), Florida Statutes, by this act expire July 1,
577 2023, and the text of that subsection shall revert to that in
578 existence on June 30, 2022, except that any amendments to such
579 text enacted other than by this act shall be preserved and
580 continue to operate to the extent that such amendments are not
581 dependent upon the portions of text which expire pursuant to
582 this section.
583 Section 14. In order to implement Specific Appropriations
584 197 through 224 and 524 of the 2022-2023 General Appropriations
585 Act, and notwithstanding ss. 216.181 and 216.292, Florida
586 Statutes, the Agency for Health Care Administration, in
587 consultation with the Department of Health, may submit a budget
588 amendment, subject to the notice, review, and objection
589 procedures of s. 216.177, Florida Statutes, to realign funding
590 within and between agencies based on implementation of the
591 managed medical assistance component of the Statewide Medicaid
592 Managed Care program for the Children’s Medical Services program
593 of the Department of Health. The funding realignment shall
594 reflect the actual enrollment changes due to the transfer of
595 beneficiaries from fee-for-service to the capitated Children’s
596 Medical Services network. The Agency for Health Care
597 Administration may submit a request for nonoperating budget
598 authority to transfer the federal funds to the Department of
599 Health pursuant to s. 216.181(12), Florida Statutes. This
600 section expires July 1, 2023.
601 Section 15. In order to implement Specific Appropriations
602 197 through 224 of the 2022-2023 General Appropriations Act, and
603 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
604 Agency for Health Care Administration may submit a budget
605 amendment, subject to the notice, review, and objection
606 procedures of s. 216.177, Florida Statutes, to realign funding
607 within the Medicaid program appropriation categories to address
608 projected surpluses and deficits within the program and to
609 maximize the use of state trust funds. A single budget amendment
610 shall be submitted in the last quarter of the 2022-2023 fiscal
611 year only. This section expires July 1, 2023.
612 Section 16. In order to implement Specific Appropriations
613 176 through 181 and 524 of the 2022-2023 General Appropriations
614 Act, and notwithstanding ss. 216.181 and 216.292, Florida
615 Statutes, the Agency for Health Care Administration and the
616 Department of Health may each submit a budget amendment, subject
617 to the notice, review, and objection procedures of s. 216.177,
618 Florida Statutes, to realign funding within the Florida Kidcare
619 program appropriation categories, or to increase budget
620 authority in the Children’s Medical Services network category,
621 to address projected surpluses and deficits within the program
622 or to maximize the use of state trust funds. A single budget
623 amendment must be submitted by each agency in the last quarter
624 of the 2022-2023 fiscal year only. This section expires July 1,
625 2023.
626 Section 17. In order to implement Specific Appropriations
627 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023
628 General Appropriations Act, subsection (17) of section 381.986,
629 Florida Statutes, is amended to read:
630 381.986 Medical use of marijuana.—
631 (17) Rules adopted pursuant to this section before July 1,
632 2023 2022, are not subject to ss. 120.54(3)(b) and 120.541. This
633 subsection expires July 1, 2023 2022.
634 Section 18. In order to implement Specific Appropriations
635 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023
636 General Appropriations Act, subsection (11) of section 381.988,
637 Florida Statutes, is amended to read:
638 381.988 Medical marijuana testing laboratories; marijuana
639 tests conducted by a certified laboratory.—
640 (11) Rules adopted under subsection (9) before July 1, 2023
641 2022, are not subject to ss. 120.54(3)(b) and 120.541. This
642 subsection expires July 1, 2023 2022.
643 Section 19. Effective July 1, 2022, upon the expiration and
644 reversion of the amendments made to subsection (1) of section 14
645 of chapter 2017-232, Laws of Florida, pursuant to section 16 of
646 chapter 2021-37, Laws of Florida, and in order to implement
647 Specific Appropriations 467 through 469, 474, 475, 478, 482, and
648 483 of the 2022-2023 General Appropriations Act, subsection (1)
649 of section 14 of chapter 2017-232, Laws of Florida, is amended
650 to read:
651 Section 14. Department of Health; authority to adopt rules;
652 cause of action.—
653 (1) EMERGENCY RULEMAKING.—
654 (a) The Department of Health and the applicable boards
655 shall adopt emergency rules pursuant to s. 120.54(4), Florida
656 Statutes, and this section necessary to implement ss. 381.986
657 and 381.988, Florida Statutes. If an emergency rule adopted
658 under this section is held to be unconstitutional or an invalid
659 exercise of delegated legislative authority, and becomes void,
660 the department or the applicable boards may adopt an emergency
661 rule pursuant to this section to replace the rule that has
662 become void. If the emergency rule adopted to replace the void
663 emergency rule is also held to be unconstitutional or an invalid
664 exercise of delegated legislative authority and becomes void,
665 the department and the applicable boards must follow the
666 nonemergency rulemaking procedures of the Administrative
667 Procedures Act to replace the rule that has become void.
668 (b) For emergency rules adopted under this section, the
669 department and the applicable boards need not make the findings
670 required by s. 120.54(4)(a), Florida Statutes. Emergency rules
671 adopted under this section are exempt from ss. 120.54(3)(b) and
672 120.541, Florida Statutes. The department and the applicable
673 boards shall meet the procedural requirements in s. 120.54(4)(a)
674 s. 120.54(a), Florida Statutes, if the department or the
675 applicable boards have, before July 1, 2019 the effective date
676 of this act, held any public workshops or hearings on the
677 subject matter of the emergency rules adopted under this
678 subsection. Challenges to emergency rules adopted under this
679 subsection are subject to the time schedules provided in s.
680 120.56(5), Florida Statutes.
681 (c) Emergency rules adopted under this section are exempt
682 from s. 120.54(4)(c), Florida Statutes, and shall remain in
683 effect until replaced by rules adopted under the nonemergency
684 rulemaking procedures of the Administrative Procedures Act.
685 Rules adopted under the nonemergency rulemaking procedures of
686 the Administrative Procedures Act to replace emergency rules
687 adopted under this section are exempt from ss. 120.54(3)(b) and
688 120.541, Florida Statutes. By July 1, 2023 January 1, 2018, the
689 department and the applicable boards shall initiate nonemergency
690 rulemaking pursuant to the Administrative Procedures Act to
691 replace all emergency rules adopted under this section by
692 publishing a notice of rule development in the Florida
693 Administrative Register. Except as provided in paragraph (a),
694 after July 1, 2023 January 1, 2018, the department and
695 applicable boards may not adopt rules pursuant to the emergency
696 rulemaking procedures provided in this section.
697 Section 20. The amendments to s. 14(1) of chapter 2017-232,
698 Laws of Florida, made by this act expire July 1, 2023, and the
699 text of that subsection shall revert to that in existence on
700 June 30, 2019, except that any amendments to such text enacted
701 other than by this act shall be preserved and continue to
702 operate to the extent that such amendments are not dependent
703 upon the portions of text which expire pursuant to this section.
704 Section 21. In order to implement Specific Appropriations
705 326, 328, 357, and 358 of the 2022-2023 General Appropriations
706 Act, and notwithstanding ss. 216.181 and 216.292, Florida
707 Statutes, the Department of Children and Families may submit a
708 budget amendment, subject to the notice, review, and objection
709 procedures of s. 216.177, Florida Statutes, to realign funding
710 within the department based on the implementation of the
711 Guardianship Assistance Program, between and among the specific
712 appropriations for guardianship assistance payments, foster care
713 Level 1 room and board payments, relative caregiver payments,
714 and nonrelative caregiver payments. This section expires July 1,
715 2023.
716 Section 22. In order to implement Specific Appropriations
717 307 through 310, 315, 316, 319, 324 through 326, and 328 of the
718 2022-2023 General Appropriations Act, and notwithstanding ss.
719 216.181 and 216.292, Florida Statutes, the Department of
720 Children and Families may submit a budget amendment, subject to
721 the notice, review, and objection procedures of s. 216.177,
722 Florida Statutes, to realign funding within the Family Safety
723 Program to maximize the use of Title IV-E and other federal
724 funds. This section expires July 1, 2023.
725 Section 23. In order to implement Specific Appropriations
726 283, 297, 307, 329, 334 through 336, 342, and 362 of the 2022
727 2023 General Appropriations Act, and notwithstanding ss. 216.181
728 and 216.292, Florida Statutes, the Department of Children and
729 Families may submit a budget amendment, subject to the notice,
730 review, and objection procedures of s. 216.177, Florida
731 Statutes, to realign funding between appropriations categories
732 to support contracted staffing equivalents to sustain forensic
733 bed capacity and resident-to-workforce ratios at the state’s
734 mental health treatment facilities. This section expires July 1,
735 2023.
736 Section 24. In order to implement Specific Appropriations
737 470 and 509 of the 2022-2023 General Appropriations Act, and
738 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
739 Department of Health may submit a budget amendment, subject to
740 the notice, review, and objection procedures of s. 216.177,
741 Florida Statutes, to increase budget authority for the HIV/AIDS
742 Prevention and Treatment Program if additional federal revenues
743 specific to HIV/AIDS prevention and treatment become available
744 in the 2022-2023 fiscal year. This section expires July 1, 2023.
745 Section 25. In order to implement Specific Appropriations
746 423 through 552 of the 2022-2023 General Appropriations Act, and
747 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
748 Department of Health may submit a budget amendment, subject to
749 the notice, review, and objection procedures of s. 216.177,
750 Florida Statutes, to increase budget authority for the
751 department if additional federal revenues specific to COVID-19
752 relief funds become available in the 2022-2023 fiscal year. This
753 section expires July 1, 2023.
754 Section 26. In order to implement Specific Appropriation
755 191 of the 2022-2023 General Appropriations Act, subsections (1)
756 through (5) of section 42 of chapter 2020-114, Laws of Florida,
757 as amended by section 21 of chapter 2021-37, Laws of Florida,
758 are reenacted and amended to read:
759 Section 42. (1) The Agency for Health Care Administration
760 shall replace the current Florida Medicaid Management
761 Information System (FMMIS) and fiscal agent operations with a
762 system that is modular, interoperable, and scalable for the
763 Florida Medicaid program that complies with all applicable
764 federal and state laws and requirements. The agency may not
765 include in the project to replace the current FMMIS and fiscal
766 agent contract:
767 (a) Functionality that duplicates any of the information
768 systems of the other health and human services state agencies;
769 or
770 (b) Procurement for agency requirements external to
771 Medicaid programs with the intent to leverage the Medicaid
772 technology infrastructure for other purposes without legislative
773 appropriation or legislative authorization to procure these
774 requirements.
775 (c) Any contract executed after the effective date of this
776 act, outside of staff augmentation services purchased off the
777 Department of Management Services Information Technology staff
778 augmentation state term contract, which are not deliverables
779 based fixed price contracts.
780
781 The new system, the Florida Health Care Connection (FX) system,
782 must provide better integration with subsystems supporting
783 Florida’s Medicaid program; uniformity, consistency, and
784 improved access to data; and compatibility with the Centers for
785 Medicare and Medicaid Services’ Medicaid Information Technology
786 Architecture (MITA) as the system matures and expands its
787 functionality.
788 (2) For purposes of replacing FMMIS and the current
789 Medicaid fiscal agent, the Agency for Health Care Administration
790 shall:
791 (a) Prioritize procurements for the replacement of the
792 current functions of FMMIS and the responsibilities of the
793 current Medicaid fiscal agent, to minimize the need to extend
794 all or portions of the current fiscal agent contract.
795 (b) Comply with and not exceed the Centers for Medicare and
796 Medicaid Services funding authorizations for the FX system.
797 (c) Ensure compliance and uniformity with published MITA
798 framework and guidelines.
799 (d) Ensure that all business requirements and technical
800 specifications have been provided to all affected state agencies
801 for their review and input and approved by the executive
802 steering committee established in paragraph (g).
803 (e) Consult with the Executive Office of the Governor’s
804 working group for interagency information technology integration
805 for the development of competitive solicitations that provide
806 for data interoperability and shared information technology
807 services across the state’s health and human services agencies.
808 (f) Implement a data governance structure for the project
809 to coordinate data sharing and interoperability across state
810 healthcare entities.
811 (g) Implement a project governance structure that includes
812 an executive steering committee composed of:
813 1. The Secretary of Health Care Administration, or the
814 executive sponsor of the project.
815 2. A representative of the Division of Operations of the
816 Agency for Health Care Administration, appointed by the
817 Secretary of Health Care Administration.
818 3. Two representatives from the Division of Medicaid of the
819 Agency for Health Care Administration, appointed by the
820 Secretary of Health Care Administration.
821 4. A representative of the Division of Health Quality
822 Assurance of the Agency for Health Care Administration,
823 appointed by the Secretary of Health Care Administration.
824 5. A representative of the Florida Center for Health
825 Information and Transparency of the Agency for Health Care
826 Administration, appointed by the Secretary of Health Care
827 Administration.
828 6. The Chief Information Officer of the Agency for Health
829 Care Administration, or his or her designee.
830 7. The state chief information officer, or his or her
831 designee.
832 8. Two representatives of the Department of Children and
833 Families, appointed by the Secretary of Children and Families.
834 9. A representative of the Department of Health, appointed
835 by the State Surgeon General.
836 10. A representative of the Agency for Persons with
837 Disabilities, appointed by the director of the Agency for
838 Persons with Disabilities.
839 11. A representative from the Florida Healthy Kids
840 Corporation.
841 12. A representative from the Department of Elderly
842 Affairs, appointed by the Secretary of Elderly Affairs.
843 13. A representative of the Department of Financial
844 Services who has experience with the state’s financial processes
845 including development of the PALM system, appointed by the Chief
846 Financial Officer.
847 (3) The Secretary of Health Care Administration or the
848 executive sponsor of the project shall serve as chair of the
849 executive steering committee, and the committee shall take
850 action by a vote of at least 10 affirmative votes with the chair
851 voting on the prevailing side. A quorum of the executive
852 steering committee consists of at least 11 members.
853 (4) The executive steering committee has the overall
854 responsibility for ensuring that the project to replace FMMIS
855 and the Medicaid fiscal agent meets its primary business
856 objectives and shall:
857 (a) Identify and recommend to the Executive Office of the
858 Governor, the President of the Senate, and the Speaker of the
859 House of Representatives any statutory changes needed to
860 implement the modular replacement to standardize, to the fullest
861 extent possible, the state’s healthcare data and business
862 processes.
863 (b) Review and approve any changes to the project’s scope,
864 schedule, and budget which do not conflict with the requirements
865 of subsections (1) and (2).
866 (c) Ensure that adequate resources are provided throughout
867 all phases of the project.
868 (d) Approve all major project deliverables.
869 (e) Review and verify that all procurement and contractual
870 documents associated with the replacement of the current FMMIS
871 and Medicaid fiscal agent align with the scope, schedule, and
872 anticipated budget for the project.
873 (5) This section expires July 1, 2023 2022.
874 Section 27. In order to implement Specific Appropriations
875 581 through 684A and 696 through 731 of the 2022-2023 General
876 Appropriations Act, subsection (4) of section 216.262, Florida
877 Statutes, is amended to read:
878 216.262 Authorized positions.—
879 (4) Notwithstanding the provisions of this chapter relating
880 to increasing the number of authorized positions, and for the
881 2022-2023 2021-2022 fiscal year only, if the actual inmate
882 population of the Department of Corrections exceeds the inmate
883 population projections of the January 13, 2022 March 17, 2021,
884 Criminal Justice Estimating Conference by 1 percent for 2
885 consecutive months or 2 percent for any month, the Executive
886 Office of the Governor, with the approval of the Legislative
887 Budget Commission, shall immediately notify the Criminal Justice
888 Estimating Conference, which shall convene as soon as possible
889 to revise the estimates. The Department of Corrections may then
890 submit a budget amendment requesting the establishment of
891 positions in excess of the number authorized by the Legislature
892 and additional appropriations from unallocated general revenue
893 sufficient to provide for essential staff, fixed capital
894 improvements, and other resources to provide classification,
895 security, food services, health services, and other variable
896 expenses within the institutions to accommodate the estimated
897 increase in the inmate population. All actions taken pursuant to
898 this subsection are subject to review and approval by the
899 Legislative Budget Commission. This subsection expires July 1,
900 2023 2022.
901 Section 28. In order to implement Specific Appropriation
902 719 of the 2022-2023 General Appropriations Act, and upon the
903 expiration and reversion of the amendments made by section 25 of
904 2021-37, Laws of Florida, paragraph (b) of subsection (8) of
905 section 1011.80, Florida Statutes, as amended by chapter 2018
906 104, Laws of Florida, is amended to read:
907 1011.80 Funds for operation of workforce education
908 programs.—
909 (8)
910 (b) State funds provided for the operation of postsecondary
911 workforce programs may not be expended for the education of
912 state or federal inmates, except to the extent that such funds
913 are specifically appropriated for such purpose in the 2022-2023
914 General Appropriations Act with more than 24 months of time
915 remaining to serve on their sentences or federal inmates.
916 Section 29. The amendment to s. 1011.80(8)(b), Florida
917 Statutes, made by this act expires July 1, 2023, and the text of
918 that paragraph shall revert to that in existence on July 1,
919 2019, but not including any amendments made by this act or
920 chapters 2019-116 and 2018-10, Laws of Florida, and any
921 amendments to such text enacted other than by this act shall be
922 preserved and continue to operate to the extent that such
923 amendments are not dependent upon the portions of text which
924 expire pursuant to this section.
925 Section 30. In order to implement Specific Appropriations
926 3201 through 3267 of the 2022-2023 General Appropriations Act,
927 subsection (2) of section 215.18, Florida Statutes, is amended
928 to read:
929 215.18 Transfers between funds; limitation.—
930 (2) The Chief Justice of the Supreme Court may receive one
931 or more trust fund loans to ensure that the state court system
932 has funds sufficient to meet its appropriations in the 2022-2023
933 2021-2022 General Appropriations Act. If the Chief Justice
934 accesses the loan, he or she must notify the Governor and the
935 chairs of the legislative appropriations committees in writing.
936 The loan must come from other funds in the State Treasury which
937 are for the time being or otherwise in excess of the amounts
938 necessary to meet the just requirements of such last-mentioned
939 funds. The Governor shall order the transfer of funds within 5
940 days after the written notification from the Chief Justice. If
941 the Governor does not order the transfer, the Chief Financial
942 Officer shall transfer the requested funds. The loan of funds
943 from which any money is temporarily transferred must be repaid
944 by the end of the 2022-2023 2021-2022 fiscal year. This
945 subsection expires July 1, 2023 2022.
946 Section 31. In order to implement Specific Appropriations
947 1113 through 1123 of the 2022-2023 General Appropriations Act:
948 (1) The Department of Juvenile Justice is required to
949 review county juvenile detention payments to ensure that
950 counties fulfill their financial responsibilities required in s.
951 985.6865, Florida Statutes. If the Department of Juvenile
952 Justice determines that a county has not met its obligations,
953 the department shall direct the Department of Revenue to deduct
954 the amount owed to the Department of Juvenile Justice from the
955 funds provided to the county under s. 218.23, Florida Statutes.
956 The Department of Revenue shall transfer the funds withheld to
957 the Shared County/State Juvenile Detention Trust Fund.
958 (2) As an assurance to holders of bonds issued by counties
959 before July 1, 2022, for which distributions made pursuant to s.
960 218.23, Florida Statutes, are pledged, or bonds issued to refund
961 such bonds which mature no later than the bonds they refunded
962 and which result in a reduction of debt service payable in each
963 fiscal year, the amount available for distribution to a county
964 shall remain as provided by law and continue to be subject to
965 any lien or claim on behalf of the bondholders. The Department
966 of Revenue must ensure, based on information provided by an
967 affected county, that any reduction in amounts distributed
968 pursuant to subsection (1) does not reduce the amount of
969 distribution to a county below the amount necessary for the
970 timely payment of principal and interest when due on the bonds
971 and the amount necessary to comply with any covenant under the
972 bond resolution or other documents relating to the issuance of
973 the bonds. If a reduction to a county’s monthly distribution
974 must be decreased in order to comply with this section, the
975 Department of Revenue must notify the Department of Juvenile
976 Justice of the amount of the decrease, and the Department of
977 Juvenile Justice must send a bill for payment of such amount to
978 the affected county.
979 (3) This section expires July 1, 2023.
980 Section 32. In order to implement Specific Appropriations
981 741 through 762A, 913 through 1056, and 1077 through 1112C of
982 the 2022-2023 General Appropriations Act, and notwithstanding
983 the expiration date in section 29 of chapter 2021-37, Laws of
984 Florida, subsection (1), paragraph (a) of subsection (2),
985 paragraph (a) of subsection (3), and subsections (5), (6), and
986 (7) of section 27.40, Florida Statutes, are reenacted to read:
987 27.40 Court-appointed counsel; circuit registries; minimum
988 requirements; appointment by court.—
989 (1) Counsel shall be appointed to represent any individual
990 in a criminal or civil proceeding entitled to court-appointed
991 counsel under the Federal or State Constitution or as authorized
992 by general law. The court shall appoint a public defender to
993 represent indigent persons as authorized in s. 27.51. The office
994 of criminal conflict and civil regional counsel shall be
995 appointed to represent persons in those cases in which provision
996 is made for court-appointed counsel, but only after the public
997 defender has certified to the court in writing that the public
998 defender is unable to provide representation due to a conflict
999 of interest or is not authorized to provide representation. The
1000 public defender shall report, in the aggregate, the specific
1001 basis of all conflicts of interest certified to the court. On a
1002 quarterly basis, the public defender shall submit this
1003 information to the Justice Administrative Commission.
1004 (2)(a) Private counsel shall be appointed to represent
1005 persons in those cases in which provision is made for court
1006 appointed counsel but only after the office of criminal conflict
1007 and civil regional counsel has been appointed and has certified
1008 to the court in writing that the criminal conflict and civil
1009 regional counsel is unable to provide representation due to a
1010 conflict of interest. The criminal conflict and civil regional
1011 counsel shall report, in the aggregate, the specific basis of
1012 all conflicts of interest certified to the court. On a quarterly
1013 basis, the criminal conflict and civil regional counsel shall
1014 submit this information to the Justice Administrative
1015 Commission.
1016 (3) In using a registry:
1017 (a) The chief judge of the circuit shall compile a list of
1018 attorneys in private practice, by county and by category of
1019 cases, and provide the list to the clerk of court in each
1020 county. The chief judge of the circuit may restrict the number
1021 of attorneys on the general registry list. To be included on a
1022 registry, an attorney must certify that he or she:
1023 1. Meets any minimum requirements established by the chief
1024 judge and by general law for court appointment;
1025 2. Is available to represent indigent defendants in cases
1026 requiring court appointment of private counsel; and
1027 3. Is willing to abide by the terms of the contract for
1028 services, s. 27.5304, and this section.
1029
1030 To be included on a registry, an attorney must enter into a
1031 contract for services with the Justice Administrative
1032 Commission. Failure to comply with the terms of the contract for
1033 services may result in termination of the contract and removal
1034 from the registry. Each attorney on the registry is responsible
1035 for notifying the clerk of the court and the Justice
1036 Administrative Commission of any change in his or her status.
1037 Failure to comply with this requirement is cause for termination
1038 of the contract for services and removal from the registry until
1039 the requirement is fulfilled.
1040 (5) The Justice Administrative Commission shall approve
1041 uniform contract forms for use in procuring the services of
1042 private court-appointed counsel and uniform procedures and forms
1043 for use by a court-appointed attorney in support of billing for
1044 attorney’s fees, costs, and related expenses to demonstrate the
1045 attorney’s completion of specified duties. Such uniform
1046 contracts and forms for use in billing must be consistent with
1047 s. 27.5304, s. 216.311, and the General Appropriations Act and
1048 must contain the following statement: “The State of Florida’s
1049 performance and obligation to pay under this contract is
1050 contingent upon an annual appropriation by the Legislature.”
1051 (6) After court appointment, the attorney must immediately
1052 file a notice of appearance with the court indicating acceptance
1053 of the appointment to represent the defendant and of the terms
1054 of the uniform contract as specified in subsection (5).
1055 (7)(a) A private attorney appointed by the court from the
1056 registry to represent a client is entitled to payment as
1057 provided in s. 27.5304 so long as the requirements of subsection
1058 (1) and paragraph (2)(a) are met. An attorney appointed by the
1059 court who is not on the registry list may be compensated under
1060 s. 27.5304 only if the court finds in the order of appointment
1061 that there were no registry attorneys available for
1062 representation for that case and only if the requirements of
1063 subsection (1) and paragraph (2)(a) are met.
1064 (b)1. The flat fee established in s. 27.5304 and the
1065 General Appropriations Act shall be presumed by the court to be
1066 sufficient compensation. The attorney shall maintain appropriate
1067 documentation, including contemporaneous and detailed hourly
1068 accounting of time spent representing the client. If the
1069 attorney fails to maintain such contemporaneous and detailed
1070 hourly records, the attorney waives the right to seek
1071 compensation in excess of the flat fee established in s. 27.5304
1072 and the General Appropriations Act. These records and documents
1073 are subject to review by the Justice Administrative Commission
1074 and audit by the Auditor General, subject to the attorney-client
1075 privilege and work-product privilege. The attorney shall
1076 maintain the records and documents in a manner that enables the
1077 attorney to redact any information subject to a privilege in
1078 order to facilitate the commission’s review of the records and
1079 documents and not to impede such review. The attorney may redact
1080 information from the records and documents only to the extent
1081 necessary to comply with the privilege. The Justice
1082 Administrative Commission shall review such records and shall
1083 contemporaneously document such review before authorizing
1084 payment to an attorney. Objections by or on behalf of the
1085 Justice Administrative Commission to records or documents or to
1086 claims for payment by the attorney shall be presumed correct by
1087 the court unless the court determines, in writing, that
1088 competent and substantial evidence exists to justify overcoming
1089 the presumption.
1090 2. If an attorney fails, refuses, or declines to permit the
1091 commission or the Auditor General to review documentation for a
1092 case as provided in this paragraph, the attorney waives the
1093 right to seek, and the commission may not pay, compensation in
1094 excess of the flat fee established in s. 27.5304 and the General
1095 Appropriations Act for that case.
1096 3. A finding by the commission that an attorney has waived
1097 the right to seek compensation in excess of the flat fee
1098 established in s. 27.5304 and the General Appropriations Act, as
1099 provided in this paragraph, shall be presumed to be correct,
1100 unless the court determines, in writing, that competent and
1101 substantial evidence exists to justify overcoming the
1102 presumption.
1103 Section 33. The amendments to s. 27.40(1), (2)(a), (3)(a),
1104 (5), (6), and (7), Florida Statutes, as carried forward from
1105 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1106 2023, and the text of those subsections and paragraphs, as
1107 applicable, shall revert to that in existence on June 30, 2019,
1108 except that any amendments to such text enacted other than by
1109 this act shall be preserved and continue to operate to the
1110 extent that such amendments are not dependent upon the portions
1111 of text which expire pursuant to this section.
1112 Section 34. In order to implement Specific Appropriations
1113 741 through 762A, 913 through 1056, and 1077 through 1112C of
1114 the 2022-2023 General Appropriations Act, and notwithstanding
1115 the expiration date in section 31 of chapter 2021-37, Laws of
1116 Florida, subsection (13) of section 27.5304, Florida Statutes,
1117 is amended, and subsections (1), (3), (7), and (11), and
1118 paragraphs (a) through (e) of subsection (12) of that section
1119 are reenacted, to read:
1120 27.5304 Private court-appointed counsel; compensation;
1121 notice.—
1122 (1) Private court-appointed counsel appointed in the manner
1123 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the
1124 Justice Administrative Commission only as provided in this
1125 section and the General Appropriations Act. The flat fees
1126 prescribed in this section are limitations on compensation. The
1127 specific flat fee amounts for compensation shall be established
1128 annually in the General Appropriations Act. The attorney also
1129 shall be reimbursed for reasonable and necessary expenses in
1130 accordance with s. 29.007. If the attorney is representing a
1131 defendant charged with more than one offense in the same case,
1132 the attorney shall be compensated at the rate provided for the
1133 most serious offense for which he or she represented the
1134 defendant. This section does not allow stacking of the fee
1135 limits established by this section.
1136 (3) The court retains primary authority and responsibility
1137 for determining the reasonableness of all billings for attorney
1138 fees, costs, and related expenses, subject to statutory
1139 limitations and the requirements of s. 27.40(7). Private court
1140 appointed counsel is entitled to compensation upon final
1141 disposition of a case.
1142 (7) Counsel eligible to receive compensation from the state
1143 for representation pursuant to court appointment made in
1144 accordance with the requirements of s. 27.40(1) and (2)(a) in a
1145 proceeding under chapter 384, chapter 390, chapter 392, chapter
1146 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter
1147 744, or chapter 984 shall receive compensation not to exceed the
1148 limits prescribed in the General Appropriations Act. Any such
1149 compensation must be determined as provided in s. 27.40(7).
1150 (11) It is the intent of the Legislature that the flat fees
1151 prescribed under this section and the General Appropriations Act
1152 comprise the full and complete compensation for private court
1153 appointed counsel. It is further the intent of the Legislature
1154 that the fees in this section are prescribed for the purpose of
1155 providing counsel with notice of the limit on the amount of
1156 compensation for representation in particular proceedings and
1157 the sole procedure and requirements for obtaining payment for
1158 the same.
1159 (a) If court-appointed counsel moves to withdraw prior to
1160 the full performance of his or her duties through the completion
1161 of the case, the court shall presume that the attorney is not
1162 entitled to the payment of the full flat fee established under
1163 this section and the General Appropriations Act.
1164 (b) If court-appointed counsel is allowed to withdraw from
1165 representation prior to the full performance of his or her
1166 duties through the completion of the case and the court appoints
1167 a subsequent attorney, the total compensation for the initial
1168 and any and all subsequent attorneys may not exceed the flat fee
1169 established under this section and the General Appropriations
1170 Act, except as provided in subsection (12).
1171
1172 This subsection constitutes notice to any subsequently appointed
1173 attorney that he or she will not be compensated the full flat
1174 fee.
1175 (12) The Legislature recognizes that on rare occasions an
1176 attorney may receive a case that requires extraordinary and
1177 unusual effort.
1178 (a) If counsel seeks compensation that exceeds the limits
1179 prescribed by law, he or she must file a motion with the chief
1180 judge for an order approving payment of attorney fees in excess
1181 of these limits.
1182 1. Before filing the motion, the counsel shall deliver a
1183 copy of the intended billing, together with supporting
1184 affidavits and all other necessary documentation, to the Justice
1185 Administrative Commission.
1186 2. The Justice Administrative Commission shall review the
1187 billings, affidavit, and documentation for completeness and
1188 compliance with contractual and statutory requirements and shall
1189 contemporaneously document such review before authorizing
1190 payment to an attorney. If the Justice Administrative Commission
1191 objects to any portion of the proposed billing, the objection
1192 and supporting reasons must be communicated in writing to the
1193 private court-appointed counsel. The counsel may thereafter file
1194 his or her motion, which must specify whether the commission
1195 objects to any portion of the billing or the sufficiency of
1196 documentation, and shall attach the commission’s letter stating
1197 its objection.
1198 (b) Following receipt of the motion to exceed the fee
1199 limits, the chief judge or a single designee shall hold an
1200 evidentiary hearing. The chief judge may select only one judge
1201 per circuit to hear and determine motions pursuant to this
1202 subsection, except multicounty circuits and the eleventh circuit
1203 may have up to two designees.
1204 1. At the hearing, the attorney seeking compensation must
1205 prove by competent and substantial evidence that the case
1206 required extraordinary and unusual efforts. The chief judge or
1207 single designee shall consider criteria such as the number of
1208 witnesses, the complexity of the factual and legal issues, and
1209 the length of trial. The fact that a trial was conducted in a
1210 case does not, by itself, constitute competent substantial
1211 evidence of an extraordinary and unusual effort. In a criminal
1212 case, relief under this section may not be granted if the number
1213 of work hours does not exceed 75 or the number of the state’s
1214 witnesses deposed does not exceed 20.
1215 2. Objections by or on behalf of the Justice Administrative
1216 Commission to records or documents or to claims for payment by
1217 the attorney shall be presumed correct by the court unless the
1218 court determines, in writing, that competent and substantial
1219 evidence exists to justify overcoming the presumption. The chief
1220 judge or single designee shall enter a written order detailing
1221 his or her findings and identifying the extraordinary nature of
1222 the time and efforts of the attorney in the case which warrant
1223 exceeding the flat fee established by this section and the
1224 General Appropriations Act.
1225 (c) A copy of the motion and attachments shall be served on
1226 the Justice Administrative Commission at least 20 business days
1227 before the date of a hearing. The Justice Administrative
1228 Commission has standing to appear before the court, and may
1229 appear in person or telephonically, including at the hearing
1230 under paragraph (b), to contest any motion for an order
1231 approving payment of attorney fees, costs, or related expenses
1232 and may participate in a hearing on the motion by use of
1233 telephonic or other communication equipment. The Justice
1234 Administrative Commission may contract with other public or
1235 private entities or individuals to appear before the court for
1236 the purpose of contesting any motion for an order approving
1237 payment of attorney fees, costs, or related expenses. The fact
1238 that the Justice Administrative Commission has not objected to
1239 any portion of the billing or to the sufficiency of the
1240 documentation is not binding on the court.
1241 (d) If the chief judge or a single designee finds that
1242 counsel has proved by competent and substantial evidence that
1243 the case required extraordinary and unusual efforts, the chief
1244 judge or single designee shall order the compensation to be paid
1245 to the attorney at a percentage above the flat fee rate,
1246 depending on the extent of the unusual and extraordinary effort
1247 required. The percentage must be only the rate necessary to
1248 ensure that the fees paid are not confiscatory under common law.
1249 The percentage may not exceed 200 percent of the established
1250 flat fee, absent a specific finding that 200 percent of the flat
1251 fee in the case would be confiscatory. If the chief judge or
1252 single designee determines that 200 percent of the flat fee
1253 would be confiscatory, he or she shall order the amount of
1254 compensation using an hourly rate not to exceed $75 per hour for
1255 a noncapital case and $100 per hour for a capital case. However,
1256 the compensation calculated by using the hourly rate shall be
1257 only that amount necessary to ensure that the total fees paid
1258 are not confiscatory, subject to the requirements of s.
1259 27.40(7).
1260 (e) Any order granting relief under this subsection must be
1261 attached to the final request for a payment submitted to the
1262 Justice Administrative Commission and must satisfy the
1263 requirements of subparagraph (b)2.
1264 (13) Notwithstanding the limitation set forth in subsection
1265 (5) and for the 2022-2023 2021-2022 fiscal year only, the
1266 compensation for representation in a criminal proceeding may not
1267 exceed the following:
1268 (a) For misdemeanors and juveniles represented at the trial
1269 level: $1,000.
1270 (b) For noncapital, nonlife felonies represented at the
1271 trial level: $15,000.
1272 (c) For life felonies represented at the trial level:
1273 $15,000.
1274 (d) For capital cases represented at the trial level:
1275 $25,000. For purposes of this paragraph, a “capital case” is any
1276 offense for which the potential sentence is death and the state
1277 has not waived seeking the death penalty.
1278 (e) For representation on appeal: $9,000.
1279 (f) This subsection expires July 1, 2023 2022.
1280 Section 35. The amendments to s. 27.5304(1), (3), (7),
1281 (11), and (12)(a)-(e), Florida Statutes, as carried forward from
1282 chapter 2019-116, Laws of Florida, by this act, expire July 1,
1283 2023, and the text of those subsections and paragraphs, as
1284 applicable, shall revert to that in existence on June 30, 2019,
1285 except that any amendments to such text enacted other than by
1286 this act shall be preserved and continue to operate to the
1287 extent that such amendments are not dependent upon the portions
1288 of text which expire pursuant to this section.
1289 Section 36. In order to implement section 59 of the 2022
1290 2023 General Appropriations Act, and notwithstanding ss. 216.181
1291 and 216.292, Florida Statutes, the Department of Financial
1292 Services may submit a budget amendment, subject to the notice,
1293 review, and objection procedures of s. 216.177, Florida
1294 Statutes, to increase the category to pay for the information
1295 data warehouse. This section expires July 1, 2023.
1296 Section 37. In order to implement Specific Appropriation
1297 2759O of the 2022-2023 General Appropriations Act, and
1298 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the
1299 Department of Lottery may submit a budget amendment, subject to
1300 the notice, review, and objection procedures of s. 216.177,
1301 Florida Statutes, to increase the appropriation for the
1302 implementation of a new prize payment system. This section
1303 expires July 1, 2023.
1304 Section 38. In order to implement appropriations used to
1305 pay existing lease contracts for private lease space in excess
1306 of 2,000 square feet in the 2022-2023 General Appropriations
1307 Act, the Department of Management Services, with the cooperation
1308 of the agencies having the existing lease contracts for office
1309 or storage space, shall use tenant broker services to
1310 renegotiate or reprocure all private lease agreements for office
1311 or storage space expiring between July 1, 2023, and June 30,
1312 2025, in order to reduce costs in future years. The department
1313 shall incorporate this initiative into its 2022 master leasing
1314 report required under s. 255.249(7), Florida Statutes, and may
1315 use tenant broker services to explore the possibilities of
1316 collocating office or storage space, to review the space needs
1317 of each agency, and to review the length and terms of potential
1318 renewals or renegotiations. The department shall provide a
1319 report to the Executive Office of the Governor, the President of
1320 the Senate, and the Speaker of the House of Representatives by
1321 November 1, 2022, which lists each lease contract for private
1322 office or storage space, the status of renegotiations, and the
1323 savings achieved. This section expires July 1, 2023.
1324 Section 39. In order to implement appropriations authorized
1325 in the 2022-2023 General Appropriations Act for data center
1326 services, and notwithstanding s. 216.292(2)(a), Florida
1327 Statutes, an agency may not transfer funds from a data
1328 processing category to a category other than another data
1329 processing category. This section expires July 1, 2023.
1330 Section 40. In order to implement the appropriation of
1331 funds in the appropriation category “Northwest Regional Data
1332 Center” in the 2022-2023 General Appropriations Act, and
1333 pursuant to the notice, review, and objection procedures of s.
1334 216.177, Florida Statutes, the Executive Office of the Governor
1335 may transfer funds appropriated in that category between
1336 departments in order to align the budget authority granted based
1337 on the estimated costs for data processing services for the
1338 2022-2023 fiscal year. This section expires July 1, 2023.
1339 Section 41. In order to implement the appropriation of
1340 funds in the appropriation category “Special Categories-Risk
1341 Management Insurance” in the 2022-2023 General Appropriations
1342 Act, and pursuant to the notice, review, and objection
1343 procedures of s. 216.177, Florida Statutes, the Executive Office
1344 of the Governor may transfer funds appropriated in that category
1345 between departments in order to align the budget authority
1346 granted with the premiums paid by each department for risk
1347 management insurance. This section expires July 1, 2023.
1348 Section 42. In order to implement the appropriation of
1349 funds in the appropriation category “Special Categories-Transfer
1350 to Department of Management Services-Human Resources Services
1351 Purchased per Statewide Contract” in the 2022-2023 General
1352 Appropriations Act, and pursuant to the notice, review, and
1353 objection procedures of s. 216.177, Florida Statutes, the
1354 Executive Office of the Governor may transfer funds appropriated
1355 in that category between departments in order to align the
1356 budget authority granted with the assessments that must be paid
1357 by each agency to the Department of Management Services for
1358 human resource management services. This section expires July 1,
1359 2023.
1360 Section 43. In order to implement Specific Appropriation
1361 2395 of the 2022-2023 General Appropriations Act, subsections
1362 (1) through (5) of section 72 of chapter 2020-114, Laws of
1363 Florida, as amended by section 39 of chapter 2021-37, Laws of
1364 Florida, are reenacted and amended to read:
1365 Section 72. (1) The Department of Financial Services shall
1366 replace the four main components of the Florida Accounting
1367 Information Resource Subsystem (FLAIR), which include central
1368 FLAIR, departmental FLAIR, payroll, and information warehouse,
1369 and shall replace the cash management and accounting management
1370 components of the Cash Management Subsystem (CMS) with an
1371 integrated enterprise system that allows the state to organize,
1372 define, and standardize its financial management business
1373 processes and that complies with ss. 215.90-215.96, Florida
1374 Statutes. The department may not include in the replacement of
1375 FLAIR and CMS:
1376 (a) Functionality that duplicates any of the other
1377 information subsystems of the Florida Financial Management
1378 Information System; or
1379 (b) Agency business processes related to any of the
1380 functions included in the Personnel Information System, the
1381 Purchasing Subsystem, or the Legislative Appropriations
1382 System/Planning and Budgeting Subsystem.
1383 (2) For purposes of replacing FLAIR and CMS, the Department
1384 of Financial Services shall:
1385 (a) Take into consideration the cost and implementation
1386 data identified for Option 3 as recommended in the March 31,
1387 2014, Florida Department of Financial Services FLAIR Study,
1388 version 031.
1389 (b) Ensure that all business requirements and technical
1390 specifications have been provided to all state agencies for
1391 their review and input and approved by the executive steering
1392 committee established in paragraph (c).
1393 (c) Implement a project governance structure that includes
1394 an executive steering committee composed of:
1395 1. The Chief Financial Officer or the executive sponsor of
1396 the project.
1397 2. A representative of the Division of Treasury of the
1398 Department of Financial Services, appointed by the Chief
1399 Financial Officer.
1400 3. A representative of the Division of Information Systems
1401 of the Department of Financial Services, appointed by the Chief
1402 Financial Officer.
1403 4. Four employees from the Division of Accounting and
1404 Auditing of the Department of Financial Services, appointed by
1405 the Chief Financial Officer. Each employee must have experience
1406 relating to at least one of the four main components that
1407 compose FLAIR.
1408 5. Two employees from the Executive Office of the Governor,
1409 appointed by the Governor. One employee must have experience
1410 relating to the Legislative Appropriations System/Planning and
1411 Budgeting Subsystem.
1412 6. One employee from the Department of Revenue, appointed
1413 by the executive director, who has experience relating to the
1414 department’s SUNTAX system.
1415 7. Two employees from the Department of Management
1416 Services, appointed by the Secretary of Management Services. One
1417 employee must have experience relating to the department’s
1418 personnel information subsystem and one employee must have
1419 experience relating to the department’s purchasing subsystem.
1420 8. Three state agency administrative services directors,
1421 appointed by the Governor. One director must represent a
1422 regulatory and licensing state agency and one director must
1423 represent a health care-related state agency.
1424 9. The executive sponsor of the Florida Health Care
1425 Connection (FX) System or his or her designee, appointed by the
1426 Secretary of Health Care Administration.
1427 10. The State Chief Information Officer, or his or her
1428 designee, as a nonvoting member. The State Chief Information
1429 Officer, or his or her designee, shall provide monthly status
1430 reports pursuant to the oversight responsibilities in s.
1431 282.0051, Florida Statutes.
1432 (3)(a) The Chief Financial Officer or the executive sponsor
1433 of the project shall serve as chair of the executive steering
1434 committee, and the committee shall take action by a vote of at
1435 least eight affirmative votes with the Chief Financial Officer
1436 or the executive sponsor of the project voting on the prevailing
1437 side. A quorum of the executive steering committee consists of
1438 at least 10 members.
1439 (b) No later than 14 days before a meeting of the executive
1440 steering committee, the chair shall request input from committee
1441 members on agenda items for the next scheduled meeting.
1442 (4) The executive steering committee has the overall
1443 responsibility for ensuring that the project to replace FLAIR
1444 and CMS meets its primary business objectives and shall:
1445 (a) Identify and recommend to the Executive Office of the
1446 Governor, the President of the Senate, and the Speaker of the
1447 House of Representatives any statutory changes needed to
1448 implement the replacement subsystem that will standardize, to
1449 the fullest extent possible, the state’s financial management
1450 business processes.
1451 (b) Review and approve any changes to the project’s scope,
1452 schedule, and budget which do not conflict with the requirements
1453 of subsection (1).
1454 (c) Ensure that adequate resources are provided throughout
1455 all phases of the project.
1456 (d) Approve all major project deliverables and any cost
1457 changes to each deliverable over $250,000.
1458 (e) Approve contract amendments and changes to all
1459 contract-related documents associated with the replacement of
1460 FLAIR and CMS.
1461 (f) Ensure compliance with ss. 216.181(16), 216.311,
1462 216.313, 282.318(4)(h), and 287.058, Florida Statutes.
1463 (5) This section expires July 1, 2023 2022.
1464 Section 44. In order to implement specific appropriations
1465 from the land acquisition trust funds within the Department of
1466 Agriculture and Consumer Services, the Department of
1467 Environmental Protection, the Department of State, and the Fish
1468 and Wildlife Conservation Commission, which are contained in the
1469 2022-2023 General Appropriations Act, subsection (3) of section
1470 215.18, Florida Statutes, is amended to read:
1471 215.18 Transfers between funds; limitation.—
1472 (3) Notwithstanding subsection (1) and only with respect to
1473 a land acquisition trust fund in the Department of Agriculture
1474 and Consumer Services, the Department of Environmental
1475 Protection, the Department of State, or the Fish and Wildlife
1476 Conservation Commission, whenever there is a deficiency in a
1477 land acquisition trust fund which would render that trust fund
1478 temporarily insufficient to meet its just requirements,
1479 including the timely payment of appropriations from that trust
1480 fund, and other trust funds in the State Treasury have moneys
1481 that are for the time being or otherwise in excess of the
1482 amounts necessary to meet the just requirements, including
1483 appropriated obligations, of those other trust funds, the
1484 Governor may order a temporary transfer of moneys from one or
1485 more of the other trust funds to a land acquisition trust fund
1486 in the Department of Agriculture and Consumer Services, the
1487 Department of Environmental Protection, the Department of State,
1488 or the Fish and Wildlife Conservation Commission. Any action
1489 proposed pursuant to this subsection is subject to the notice,
1490 review, and objection procedures of s. 216.177, and the Governor
1491 shall provide notice of such action at least 7 days before the
1492 effective date of the transfer of trust funds, except that
1493 during July 2022 2021, notice of such action shall be provided
1494 at least 3 days before the effective date of a transfer unless
1495 such 3-day notice is waived by the chair and vice-chair of the
1496 Legislative Budget Commission. Any transfer of trust funds to a
1497 land acquisition trust fund in the Department of Agriculture and
1498 Consumer Services, the Department of Environmental Protection,
1499 the Department of State, or the Fish and Wildlife Conservation
1500 Commission must be repaid to the trust funds from which the
1501 moneys were loaned by the end of the 2022-2023 2021-2022 fiscal
1502 year. The Legislature has determined that the repayment of the
1503 other trust fund moneys temporarily loaned to a land acquisition
1504 trust fund in the Department of Agriculture and Consumer
1505 Services, the Department of Environmental Protection, the
1506 Department of State, or the Fish and Wildlife Conservation
1507 Commission pursuant to this subsection is an allowable use of
1508 the moneys in a land acquisition trust fund because the moneys
1509 from other trust funds temporarily loaned to a land acquisition
1510 trust fund shall be expended solely and exclusively in
1511 accordance with s. 28, Art. X of the State Constitution. This
1512 subsection expires July 1, 2023 2022.
1513 Section 45. (1) In order to implement specific
1514 appropriations from the land acquisition trust funds within the
1515 Department of Agriculture and Consumer Services, the Department
1516 of Environmental Protection, the Department of State, and the
1517 Fish and Wildlife Conservation Commission, which are contained
1518 in the 2022-2023 General Appropriations Act, the Department of
1519 Environmental Protection shall transfer revenues from the Land
1520 Acquisition Trust Fund within the department to the land
1521 acquisition trust funds within the Department of Agriculture and
1522 Consumer Services, the Department of State, and the Fish and
1523 Wildlife Conservation Commission, as provided in this section.
1524 As used in this section, the term “department” means the
1525 Department of Environmental Protection.
1526 (2) After subtracting any required debt service payments,
1527 the proportionate share of revenues to be transferred to each
1528 land acquisition trust fund shall be calculated by dividing the
1529 appropriations from each of the land acquisition trust funds for
1530 the fiscal year by the total appropriations from the Land
1531 Acquisition Trust Fund within the department and the land
1532 acquisition trust funds within the Department of Agriculture and
1533 Consumer Services, the Department of State, and the Fish and
1534 Wildlife Conservation Commission for the fiscal year. The
1535 department shall transfer the proportionate share of the
1536 revenues in the Land Acquisition Trust Fund within the
1537 department on a monthly basis to the appropriate land
1538 acquisition trust funds within the Department of Agriculture and
1539 Consumer Services, the Department of State, and the Fish and
1540 Wildlife Conservation Commission and shall retain its
1541 proportionate share of the revenues in the Land Acquisition
1542 Trust Fund within the department. Total distributions to a land
1543 acquisition trust fund within the Department of Agriculture and
1544 Consumer Services, the Department of State, and the Fish and
1545 Wildlife Conservation Commission may not exceed the total
1546 appropriations from such trust fund for the fiscal year.
1547 (3) In addition, the department shall transfer from the
1548 Land Acquisition Trust Fund to land acquisition trust funds
1549 within the Department of Agriculture and Consumer Services, the
1550 Department of State, and the Fish and Wildlife Conservation
1551 Commission amounts equal to the difference between the amounts
1552 appropriated in chapter 2021-36, Laws of Florida, to the
1553 department’s Land Acquisition Trust Fund and the other land
1554 acquisition trust funds, and the amounts actually transferred
1555 between those trust funds during the 2021-2022 fiscal year.
1556 (4) The department may advance funds from the beginning
1557 unobligated fund balance in the Land Acquisition Trust Fund to
1558 the Land Acquisition Trust Fund within the Fish and Wildlife
1559 Conservation Commission needed for cash flow purposes based on a
1560 detailed expenditure plan. The department shall prorate amounts
1561 transferred quarterly to the Fish and Wildlife Conservation
1562 Commission to recoup the amount of funds advanced by June 30,
1563 2023.
1564 (5) This section expires July 1, 2023.
1565 Section 46. In order to implement Specific Appropriations
1566 1472 through 1481 of the 2022-2023 General Appropriations Act,
1567 subsection (8) of section 576.045, Florida Statutes, is amended
1568 to read:
1569 576.045 Nitrogen and phosphorus; findings and intent; fees;
1570 purpose; best management practices; waiver of liability;
1571 compliance; rules; exclusions; expiration.—
1572 (8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3),
1573 (4), and (6) expire on December 31, 2023 2022. Subsections (5)
1574 and (7) expire on December 31, 2027.
1575 Section 47. In order to implement appropriations from the
1576 Land Acquisition Trust Fund within the Department of
1577 Environmental Protection in the 2022-2023 General Appropriations
1578 Act, paragraph (b) of subsection (3) of section 375.041, Florida
1579 Statutes, is amended to read:
1580 375.041 Land Acquisition Trust Fund.—
1581 (3) Funds distributed into the Land Acquisition Trust Fund
1582 pursuant to s. 201.15 shall be applied:
1583 (b) Of the funds remaining after the payments required
1584 under paragraph (a), but before funds may be appropriated,
1585 pledged, or dedicated for other uses:
1586 1. A minimum of the lesser of 25 percent or $200 million
1587 shall be appropriated annually for Everglades projects that
1588 implement the Comprehensive Everglades Restoration Plan as set
1589 forth in s. 373.470, including the Central Everglades Planning
1590 Project subject to Congressional authorization; the Long-Term
1591 Plan as defined in s. 373.4592(2); and the Northern Everglades
1592 and Estuaries Protection Program as set forth in s. 373.4595.
1593 From these funds, $32 million shall be distributed each fiscal
1594 year through the 2023-2024 fiscal year to the South Florida
1595 Water Management District for the Long-Term Plan as defined in
1596 s. 373.4592(2). After deducting the $32 million distributed
1597 under this subparagraph, from the funds remaining, a minimum of
1598 the lesser of 76.5 percent or $100 million shall be appropriated
1599 each fiscal year through the 2025-2026 fiscal year for the
1600 planning, design, engineering, and construction of the
1601 Comprehensive Everglades Restoration Plan as set forth in s.
1602 373.470, including the Central Everglades Planning Project, the
1603 Everglades Agricultural Area Storage Reservoir Project, the Lake
1604 Okeechobee Watershed Project, the C-43 West Basin Storage
1605 Reservoir Project, the Indian River Lagoon-South Project, the
1606 Western Everglades Restoration Project, and the Picayune Strand
1607 Restoration Project. The Department of Environmental Protection
1608 and the South Florida Water Management District shall give
1609 preference to those Everglades restoration projects that reduce
1610 harmful discharges of water from Lake Okeechobee to the St.
1611 Lucie or Caloosahatchee estuaries in a timely manner. For the
1612 purpose of performing the calculation provided in this
1613 subparagraph, the amount of debt service paid pursuant to
1614 paragraph (a) for bonds issued after July 1, 2016, for the
1615 purposes set forth under paragraph (b) shall be added to the
1616 amount remaining after the payments required under paragraph
1617 (a). The amount of the distribution calculated shall then be
1618 reduced by an amount equal to the debt service paid pursuant to
1619 paragraph (a) on bonds issued after July 1, 2016, for the
1620 purposes set forth under this subparagraph.
1621 2. A minimum of the lesser of 7.6 percent or $50 million
1622 shall be appropriated annually for spring restoration,
1623 protection, and management projects. For the purpose of
1624 performing the calculation provided in this subparagraph, the
1625 amount of debt service paid pursuant to paragraph (a) for bonds
1626 issued after July 1, 2016, for the purposes set forth under
1627 paragraph (b) shall be added to the amount remaining after the
1628 payments required under paragraph (a). The amount of the
1629 distribution calculated shall then be reduced by an amount equal
1630 to the debt service paid pursuant to paragraph (a) on bonds
1631 issued after July 1, 2016, for the purposes set forth under this
1632 subparagraph.
1633 3. The sum of $5 million shall be appropriated annually
1634 each fiscal year through the 2025-2026 fiscal year to the St.
1635 Johns River Water Management District for projects dedicated to
1636 the restoration of Lake Apopka. This distribution shall be
1637 reduced by an amount equal to the debt service paid pursuant to
1638 paragraph (a) on bonds issued after July 1, 2016, for the
1639 purposes set forth in this subparagraph.
1640 4. The sum of $64 million is appropriated and shall be
1641 transferred to the Everglades Trust Fund for the 2018-2019
1642 fiscal year, and each fiscal year thereafter, for the EAA
1643 reservoir project pursuant to s. 373.4598. Any funds remaining
1644 in any fiscal year shall be made available only for Phase II of
1645 the C-51 reservoir project or projects identified in
1646 subparagraph 1. and must be used in accordance with laws
1647 relating to such projects. Any funds made available for such
1648 purposes in a fiscal year are in addition to the amount
1649 appropriated under subparagraph 1. This distribution shall be
1650 reduced by an amount equal to the debt service paid pursuant to
1651 paragraph (a) on bonds issued after July 1, 2017, for the
1652 purposes set forth in this subparagraph.
1653 5. The sum of $50 million shall be appropriated annually to
1654 the South Florida Water Management District for the Lake
1655 Okeechobee Watershed Restoration Project in accordance with s.
1656 373.4599. This distribution must be reduced by an amount equal
1657 to the debt service paid pursuant to paragraph (a) on bonds
1658 issued after July 1, 2021, for the purposes set forth in this
1659 subparagraph.
1660 6. Notwithstanding subparagraph 3., for the 2022-2023 2021
1661 2022 fiscal year, funds shall be appropriated as provided in the
1662 General Appropriations Act. This subparagraph expires July 1,
1663 2023 2022.
1664 Section 48. In order to implement Specific Appropriation
1665 1713 of the 2022-2023 General Appropriations Act, and
1666 notwithstanding the expiration date in section 48 of chapter
1667 2021-37, Laws of Florida, paragraph (g) of subsection (15) of
1668 section 376.3071, Florida Statutes, is reenacted to read:
1669 376.3071 Inland Protection Trust Fund; creation; purposes;
1670 funding.—
1671 (15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The
1672 department shall pay, pursuant to this subsection, up to $10
1673 million each fiscal year from the fund for the costs of labor
1674 and equipment to repair or replace petroleum storage systems
1675 that may have been damaged due to the storage of fuels blended
1676 with ethanol or biodiesel, or for preventive measures to reduce
1677 the potential for such damage.
1678 (g) Payments may not be made for the following:
1679 1. Proposal costs or costs related to preparation of the
1680 application and required documentation;
1681 2. Certified public accountant costs;
1682 3. Except as provided in paragraph (j), any costs in excess
1683 of the amount approved by the department under paragraph (b) or
1684 which are not in substantial compliance with the purchase order;
1685 4. Costs associated with storage tanks, piping, or
1686 ancillary equipment that has previously been repaired or
1687 replaced for which costs have been paid under this section;
1688 5. Facilities that are not in compliance with department
1689 storage tank rules, until the noncompliance issues have been
1690 resolved; or
1691 6. Costs associated with damage to petroleum storage
1692 systems caused in whole or in part by causes other than the
1693 storage of fuels blended with ethanol or biodiesel.
1694 Section 49. The amendment to s. 376.3071(15)(g), Florida
1695 Statutes, as carried forward from chapter 2020-114, Laws of
1696 Florida, by this act, expires July 1, 2023, and the text of that
1697 paragraph shall revert to that in existence on July 1, 2020, not
1698 including any amendments made by this act or chapter 2020-114,
1699 Laws of Florida, except that any amendments to such text enacted
1700 other than by this act shall be preserved and continue to
1701 operate to the extent that such amendments are not dependent
1702 upon the portion of text which expires pursuant to this section.
1703 Section 50. In order to implement Specific Appropriation
1704 2923 of the 2022-2023 General Appropriations Act, and
1705 notwithstanding the expiration date in section 70 of chapter
1706 2021-37, Laws of Florida, subsection (3) of section 282.709,
1707 Florida Statutes, is reenacted to read:
1708 282.709 State agency law enforcement radio system and
1709 interoperability network.—
1710 (3) In recognition of the critical nature of the statewide
1711 law enforcement radio communications system, the Legislature
1712 finds that there is an immediate danger to the public health,
1713 safety, and welfare, and that it is in the best interest of the
1714 state to continue partnering with the system’s current operator.
1715 The Legislature finds that continuity of coverage is critical to
1716 supporting law enforcement, first responders, and other public
1717 safety users. The potential for a loss in coverage or a lack of
1718 interoperability between users requires emergency action and is
1719 a serious concern for officers’ safety and their ability to
1720 communicate and respond to various disasters and events.
1721 (a) The department, pursuant to s. 287.057(10), shall enter
1722 into a 15-year contract with the entity that was operating the
1723 statewide radio communications system on January 1, 2021. The
1724 contract must include:
1725 1. The purchase of radios;
1726 2. The upgrade to the Project 25 communications standard;
1727 3. Increased system capacity and enhanced coverage for
1728 system users;
1729 4. Operations, maintenance, and support at a fixed annual
1730 rate;
1731 5. The conveyance of communications towers to the
1732 department; and
1733 6. The assignment of communications tower leases to the
1734 department.
1735 (b) The State Agency Law Enforcement Radio System Trust
1736 Fund is established in the department and funded from surcharges
1737 collected under ss. 318.18, 320.0802, and 328.72. Upon
1738 appropriation, moneys in the trust fund may be used by the
1739 department to acquire the equipment, software, and engineering,
1740 administrative, and maintenance services it needs to construct,
1741 operate, and maintain the statewide radio system. Moneys in the
1742 trust fund from surcharges shall be used to help fund the costs
1743 of the system. Upon completion of the system, moneys in the
1744 trust fund may also be used by the department for payment of the
1745 recurring maintenance costs of the system.
1746 Section 51. In order to implement appropriations relating
1747 to the purchase of equipment and services related to the
1748 Statewide Law Enforcement Radio System (SLERS) as authorized in
1749 the 2022-2023 General Appropriations Act, and notwithstanding s.
1750 287.057, Florida Statutes, state agencies and other eligible
1751 users of the SLERS network may use the Department of Management
1752 Services SLERS contract for purchase of equipment and services.
1753 This section expires July 1, 2023.
1754 Section 52. The text of s. 282.709(3), Florida Statutes, as
1755 carried forward from chapter 2021-37, Laws of Florida, by this
1756 act, expires July 1, 2023, and the text of that subsection shall
1757 revert to that in existence on June 1, 2021, except that any
1758 amendments to such text enacted other than by this act shall be
1759 preserved and continue to operate to the extent that such
1760 amendments are not dependent upon the portions of text which
1761 expire pursuant to this section.
1762 Section 53. In order to implement section 58 of the 2022
1763 2023 General Appropriations Act, and in order to expedite the
1764 closure of the Piney Point facility located in Manatee County,
1765 the Department of Environmental Protection is exempt from the
1766 competitive procurement requirements of s. 287.057, Florida
1767 Statutes, for any procurement of commodities or contractual
1768 services in support of the site closure or to address
1769 environmental impacts associated with the system failure. This
1770 section expires July 1, 2023.
1771 Section 54. In order to implement Specific Appropriation
1772 2656 of the 2022-2023 General Appropriations Act, paragraph (b)
1773 of subsection (3) and subsection (5) of section 321.04, Florida
1774 Statutes, are amended to read:
1775 321.04 Personnel of the highway patrol; rank
1776 classifications; probationary status of new patrol officers;
1777 subsistence; special assignments.—
1778 (3)
1779 (b) For the 2022-2023 2021-2022 fiscal year only, upon the
1780 request of the Governor, the Department of Highway Safety and
1781 Motor Vehicles shall assign one or more patrol officers to the
1782 office of the Lieutenant Governor for security services. This
1783 paragraph expires July 1, 2023 2022.
1784 (5) For the 2022-2023 2021-2022 fiscal year only, the
1785 assignment of a patrol officer by the department shall include a
1786 Cabinet member specified in s. 4, Art. IV of the State
1787 Constitution if deemed appropriate by the department or in
1788 response to a threat and upon written request of such Cabinet
1789 member. This subsection expires July 1, 2023 2022.
1790 Section 55. Effective upon becoming a law and in order to
1791 implement Specific Appropriations 2637 and 2645 of the 2022-2023
1792 General Appropriations Act, subsection (7) of section 215.559,
1793 Florida Statutes, is amended to read:
1794 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss
1795 Mitigation Program is established in the Division of Emergency
1796 Management.
1797 (7) This section is repealed June 30, 2023 2022.
1798 Section 56. In order to implement section 83 of the 2022
1799 2023 General Appropriations Act, subsection (3) of section
1800 288.80125, Florida Statutes, is amended to read:
1801 288.80125 Triumph Gulf Coast Trust Fund.—
1802 (3) For the 2022-2023 2021-2022 fiscal year, funds shall be
1803 used for the Rebuild Florida Revolving Loan Fund program to
1804 provide assistance to businesses impacted by Hurricane Michael
1805 as provided in the General Appropriations Act. This subsection
1806 expires July 1, 2023 2022.
1807 Section 57. In order to implement Specific Appropriations
1808 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1809 through 1991, and 2026 through 2039 and section 103 of the 2022
1810 2023 General Appropriations Act, subsections (4) and (5) of
1811 section 339.08, Florida Statutes, are amended to read:
1812 339.08 Use of moneys in State Transportation Trust Fund.—
1813 (4) Notwithstanding the provisions of this section and ss.
1814 215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year
1815 only, funds may be transferred from the State Transportation
1816 Trust Fund to the General Revenue Fund as specified in the
1817 General Appropriations Act. Notwithstanding ss. 206.46(3) and
1818 206.606(2), the total amount transferred shall be reduced from
1819 total state revenues deposited into the State Transportation
1820 Trust Fund for the calculation requirements of ss. 206.46(3) and
1821 206.606(2). This subsection expires July 1, 2022.
1822 (5) Notwithstanding any other law, and for the 2022-2023
1823 2021-2022 fiscal year only, funds are appropriated to the State
1824 Transportation Trust Fund from the General Revenue Fund shall be
1825 used on State Highway System projects and grants to Florida
1826 ports as provided in the General Appropriations Act. The
1827 department is not required to deplete the resources transferred
1828 from the General Revenue Fund for the fiscal year as required in
1829 s. 339.135(3)(b), and the funds may not be used in calculating
1830 the required quarterly cash balance of the trust fund as
1831 required in s. 339.135(6)(b). The department shall track and
1832 account for such appropriated funds as a separate funding source
1833 for eligible projects on the State Highway System and grants to
1834 Florida ports. This subsection expires July 1, 2023 2022.
1835 Section 58. In order to implement Specific Appropriations
1836 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1837 through 1991, and 2026 through 2039 of the 2022-2023 General
1838 Appropriations Act, paragraph (h) of subsection (7) of section
1839 339.135, Florida Statutes, is reenacted and amended to read:
1840 339.135 Work program; legislative budget request;
1841 definitions; preparation, adoption, execution, and amendment.—
1842 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
1843 (h)1. Any work program amendment that also adds a new
1844 project, or phase thereof, to the adopted work program in excess
1845 of $3 million is subject to approval by the Legislative Budget
1846 Commission. Any work program amendment submitted under this
1847 paragraph must include, as supplemental information, a list of
1848 projects, or phases thereof, in the current 5-year adopted work
1849 program which are eligible for the funds within the
1850 appropriation category being used for the proposed amendment.
1851 The department shall provide a narrative with the rationale for
1852 not advancing an existing project, or phase thereof, in lieu of
1853 the proposed amendment.
1854 2. If the department submits an amendment to the
1855 Legislative Budget Commission and the commission does not meet
1856 or consider the amendment within 30 days after its submittal,
1857 the chair and vice chair of the commission may authorize the
1858 amendment to be approved pursuant to s. 216.177. This
1859 subparagraph expires July 1, 2023 2022.
1860 Section 59. In order to implement Specific Appropriation
1861 2305 of the 2022-2023 General Appropriations Act, subsections
1862 (5) and (6) are added to section 331.3101, Florida Statutes, to
1863 read:
1864 331.3101 Space Florida; travel and entertainment expenses.—
1865 (5) Notwithstanding the provisions of this section, in the
1866 2022 annual report required under subsection (3), Space Florida
1867 must:
1868 (a) Provide an itemized accounting, by date of travel, of
1869 all travel, entertainment, and incidental expenses incurred;
1870 (b) To the extent such expenses exceed the generally
1871 allowable limits under s. 112.061, provide reasons behind the
1872 need to exceed the statutory limits in s. 112.061;
1873 (c) Categorize expenses for Space Florida board members,
1874 staff, and employees and for business clients. The report must
1875 also set forth any expenses authorized by the board or its
1876 designee for a guest; and
1877 (d) Include information related to corrective actions and
1878 steps taken by Space Florida to address the findings in the
1879 Auditor General Report number 2022-049.
1880
1881 This subsection expires July 1, 2023.
1882 (6) Notwithstanding the provisions of this section, travel
1883 and entertainment expenses incurred by Space Florida may only be
1884 for expenses that are solely and exclusively incurred in
1885 connection with the performance of its statutory duties and made
1886 in accordance with this subsection.
1887 (a) For the 2022-2023 fiscal year, Space Florida may not
1888 expend any funds, whether appropriated or from income earned by
1889 Space Florida, on travel and entertainment expenses for the
1890 fiscal year in excess of an amount equal to 4 percent of the
1891 amount appropriated in the General Appropriations Act to the
1892 entity. No funds may be expended on any recreational activities
1893 for any Space Florida board members, staff, or employees or a
1894 business client or guest.
1895 (b) For the 2022-2023 fiscal year, lodging expenses for a
1896 board member, staff, or employee of Space Florida may not exceed
1897 $150 per day, excluding taxes, unless Space Florida is
1898 participating in a negotiated group rate discount or Space
1899 Florida provides documentation of at least three comparable
1900 alternatives demonstrating that such lodging at the required
1901 rate is not available. However, a board member, staff, or
1902 employee of Space Florida may expend his or her own funds for
1903 any lodging expenses in excess of $150 per day.
1904 (c) This subsection expires July 1, 2023.
1905 Section 60. In order to implement Specific Appropriations
1906 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983
1907 through 1991, and 2026 through 2039 of the 2022-2023 General
1908 Appropriations Act, subsections (17) and (18) are added to
1909 section 337.11, Florida Statutes, to read:
1910 337.11 Contracting authority of department; bids; emergency
1911 repairs, supplemental agreements, and change orders; combined
1912 design and construction contracts; progress payments; records;
1913 requirements of vehicle registration.—
1914 (17) The department shall implement strategies to reduce
1915 the cost of design, inspection, and construction while ensuring
1916 that the design and construction of projects meet applicable
1917 federal and state standards. The department shall submit a
1918 report by December 31, 2022, to the Governor, the President of
1919 the Senate, and the Speaker of the House of Representatives
1920 which details the strategies implemented and the projected
1921 savings to the state. This subsection expires July 1, 2023.
1922 (18) The department may share a portion of the construction
1923 cost savings realized due to a change in the construction
1924 contract design and scope, initiated after execution of the
1925 contract, with a design services consultant to the extent that
1926 the consultant’s input and involvement contributed to such
1927 savings. The amount paid to a consultant pursuant to this
1928 subsection may not exceed 10 percent of the construction cost
1929 savings realized. This subsection expires July 1, 2023.
1930 Section 61. Effective upon becoming a law, in order to
1931 implement appropriations for economic development programs in
1932 the 2021-2022 and 2022-2023 fiscal year General Appropriations
1933 Acts, the Department of Economic Opportunity shall give priority
1934 to applications for projects that benefit the on-shoring of
1935 manufacturing to the state, defined as the relocation of
1936 manufacturing from foreign nations to the state, when such
1937 prioritization may be applicable to the scope of an economic
1938 development program. This section expires July 1, 2023.
1939 Section 62. In order to implement Specific Appropriation
1940 2599 of the 2022-2023 General Appropriations Act, paragraph (d)
1941 of subsection (4) of section 112.061, Florida Statutes, is
1942 amended to read:
1943 112.061 Per diem and travel expenses of public officers,
1944 employees, and authorized persons; statewide travel management
1945 system.—
1946 (4) OFFICIAL HEADQUARTERS.—The official headquarters of an
1947 officer or employee assigned to an office shall be the city or
1948 town in which the office is located except that:
1949 (d) A Lieutenant Governor who permanently resides outside
1950 of Leon County, may, if he or she so requests, have an
1951 appropriate facility in his or her county designated as his or
1952 her official headquarters for purposes of this section. This
1953 official headquarters may only serve as the Lieutenant
1954 Governor’s personal office. The Lieutenant Governor may not use
1955 state funds to lease space in any facility for his or her
1956 official headquarters.
1957 1. A Lieutenant Governor for whom an official headquarters
1958 is established in his or her county of residence pursuant to
1959 this paragraph is eligible for subsistence at a rate to be
1960 established by the Governor for each day or partial day that the
1961 Lieutenant Governor is at the State Capitol to conduct official
1962 state business. In addition to the subsistence allowance, a
1963 Lieutenant Governor is eligible for reimbursement for
1964 transportation expenses as provided in subsection (7) for travel
1965 between the Lieutenant Governor’s official headquarters and the
1966 State Capitol to conduct state business.
1967 2. Payment of subsistence and reimbursement for
1968 transportation between a Lieutenant Governor’s official
1969 headquarters and the State Capitol shall be made to the extent
1970 appropriated funds are available, as determined by the Governor.
1971 3. This paragraph expires July 1, 2023 2022.
1972 Section 63. Effective upon becoming a law, in order to
1973 implement section 8 of the 2022-2023 General Appropriations Act:
1974 (1) The Department of Management Services, pursuant to s.
1975 110.123(3), Florida Statutes, shall release, during the 2021
1976 2022 fiscal year or 2022-2023 fiscal year, competitive
1977 procurements for third-party administrative services for
1978 preferred provider organization plans, health maintenance
1979 organization services, and pharmacy benefits manager services to
1980 be effective January 1, 2024.
1981 (2) Such competitive procurements and resultant contracts
1982 shall continue the State Group Health Insurance Standard Plans,
1983 State Group Health Insurance High Deductible Plans, State Group
1984 Health Maintenance Organization Standard Plans, and State Group
1985 Health Maintenance Organization High Deductible Plans within the
1986 State Group Insurance Program. Notwithstanding s. 110.123(3)(j),
1987 Florida Statutes, the benefits provided under each of the plans
1988 shall be those benefits provided in the Plan Year 2022 State
1989 Employees’ PPO Plan Group Health Insurance Plan Booklet and
1990 Benefit Document and the Plan Year 2022 Health Maintenance
1991 Organization contracts and benefit documents, modified only by
1992 revisions approved by the Legislature.
1993 (3) It is the intent of the Legislature that state agencies
1994 operate in an efficient manner and contract for necessary
1995 services in the best interests of the state and its residents.
1996 In recognition of the limitations otherwise placed on state
1997 agencies pursuant to s. 216.311, Florida Statutes, when
1998 contracting for services, the Department of Management Services,
1999 when contracting for administrative services relating to the
2000 administration of the health plans beginning in Plan Year 2024,
2001 is authorized to enter into contracts that may require the
2002 payment of administrative fees not to exceed 110 percent of the
2003 amount appropriated in the 2022-2023 General Appropriations Act
2004 to the Division of State Group Insurance for such services.
2005 (4) Notwithstanding s. 110.123(3)(f) and (j), Florida
2006 Statutes, the Department of Management Services shall maintain
2007 and offer the same PPO and HMO health plan alternatives to the
2008 participants of the State Group Health Insurance Program during
2009 the 2022-2023 fiscal year which were in effect for the 2021-2022
2010 fiscal year.
2011
2012 This section expires July 1, 2023.
2013 Section 64. In order to implement the appropriation of
2014 funds in the special categories, contracted services, and
2015 expenses categories of the 2022-2023 General Appropriations Act,
2016 a state agency may not initiate a competitive solicitation for a
2017 product or service if the completion of such competitive
2018 solicitation would:
2019 (1) Require a change in law; or
2020 (2) Require a change to the agency’s budget other than a
2021 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
2022 unless the initiation of such competitive solicitation is
2023 specifically authorized in law, in the General Appropriations
2024 Act, or by the Legislative Budget Commission.
2025
2026 This section does not apply to a competitive solicitation for
2027 which the agency head certifies that a valid emergency exists.
2028 This section expires July 1, 2023.
2029 Section 65. In order to implement Specific Appropriations
2030 2722 and 2723 of the 2022-2023 General Appropriations Act, and
2031 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2032 salaries for members of the Legislature for the 2022-2023 fiscal
2033 year shall be set at the same level in effect on July 1, 2010.
2034 This section expires July 1, 2023.
2035 Section 66. In order to implement the transfer of funds
2036 from the General Revenue Fund from trust funds for the 2022-2023
2037 General Appropriations Act, and notwithstanding the expiration
2038 date in section 61 of chapter 2021-37, Laws of Florida,
2039 paragraph (b) of subsection (2) of section 215.32, Florida
2040 Statutes, is reenacted to read:
2041 215.32 State funds; segregation.—
2042 (2) The source and use of each of these funds shall be as
2043 follows:
2044 (b)1. The trust funds shall consist of moneys received by
2045 the state which under law or under trust agreement are
2046 segregated for a purpose authorized by law. The state agency or
2047 branch of state government receiving or collecting such moneys
2048 is responsible for their proper expenditure as provided by law.
2049 Upon the request of the state agency or branch of state
2050 government responsible for the administration of the trust fund,
2051 the Chief Financial Officer may establish accounts within the
2052 trust fund at a level considered necessary for proper
2053 accountability. Once an account is established, the Chief
2054 Financial Officer may authorize payment from that account only
2055 upon determining that there is sufficient cash and releases at
2056 the level of the account.
2057 2. In addition to other trust funds created by law, to the
2058 extent possible, each agency shall use the following trust funds
2059 as described in this subparagraph for day-to-day operations:
2060 a. Operations or operating trust fund, for use as a
2061 depository for funds to be used for program operations funded by
2062 program revenues, with the exception of administrative
2063 activities when the operations or operating trust fund is a
2064 proprietary fund.
2065 b. Operations and maintenance trust fund, for use as a
2066 depository for client services funded by third-party payors.
2067 c. Administrative trust fund, for use as a depository for
2068 funds to be used for management activities that are departmental
2069 in nature and funded by indirect cost earnings and assessments
2070 against trust funds. Proprietary funds are excluded from the
2071 requirement of using an administrative trust fund.
2072 d. Grants and donations trust fund, for use as a depository
2073 for funds to be used for allowable grant or donor agreement
2074 activities funded by restricted contractual revenue from private
2075 and public nonfederal sources.
2076 e. Agency working capital trust fund, for use as a
2077 depository for funds to be used pursuant to s. 216.272.
2078 f. Clearing funds trust fund, for use as a depository for
2079 funds to account for collections pending distribution to lawful
2080 recipients.
2081 g. Federal grant trust fund, for use as a depository for
2082 funds to be used for allowable grant activities funded by
2083 restricted program revenues from federal sources.
2084
2085 To the extent possible, each agency must adjust its internal
2086 accounting to use existing trust funds consistent with the
2087 requirements of this subparagraph. If an agency does not have
2088 trust funds listed in this subparagraph and cannot make such
2089 adjustment, the agency must recommend the creation of the
2090 necessary trust funds to the Legislature no later than the next
2091 scheduled review of the agency’s trust funds pursuant to s.
2092 215.3206.
2093 3. All such moneys are hereby appropriated to be expended
2094 in accordance with the law or trust agreement under which they
2095 were received, subject always to the provisions of chapter 216
2096 relating to the appropriation of funds and to the applicable
2097 laws relating to the deposit or expenditure of moneys in the
2098 State Treasury.
2099 4.a. Notwithstanding any provision of law restricting the
2100 use of trust funds to specific purposes, unappropriated cash
2101 balances from selected trust funds may be authorized by the
2102 Legislature for transfer to the Budget Stabilization Fund and
2103 General Revenue Fund in the General Appropriations Act.
2104 b. This subparagraph does not apply to trust funds required
2105 by federal programs or mandates; trust funds established for
2106 bond covenants, indentures, or resolutions whose revenues are
2107 legally pledged by the state or public body to meet debt service
2108 or other financial requirements of any debt obligations of the
2109 state or any public body; the Division of Licensing Trust Fund
2110 in the Department of Agriculture and Consumer Services; the
2111 State Transportation Trust Fund; the trust fund containing the
2112 net annual proceeds from the Florida Education Lotteries; the
2113 Florida Retirement System Trust Fund; trust funds under the
2114 management of the State Board of Education or the Board of
2115 Governors of the State University System, where such trust funds
2116 are for auxiliary enterprises, self-insurance, and contracts,
2117 grants, and donations, as those terms are defined by general
2118 law; trust funds that serve as clearing funds or accounts for
2119 the Chief Financial Officer or state agencies; trust funds that
2120 account for assets held by the state in a trustee capacity as an
2121 agent or fiduciary for individuals, private organizations, or
2122 other governmental units; and other trust funds authorized by
2123 the State Constitution.
2124 Section 67. The text of s. 215.32(2)(b), Florida Statutes,
2125 as carried forward from chapter 2011-47, Laws of Florida, by
2126 this act, expires July 1, 2023, and the text of that paragraph
2127 shall revert to that in existence on June 30, 2011, except that
2128 any amendments to such text enacted other than by this act shall
2129 be preserved and continue to operate to the extent that such
2130 amendments are not dependent upon the portions of text which
2131 expire pursuant to this section.
2132 Section 68. In order to implement appropriations in the
2133 2022-2023 General Appropriations Act for state employee travel,
2134 the funds appropriated to each state agency which may be used
2135 for travel by state employees are limited during the 2022-2023
2136 fiscal year to travel for activities that are critical to each
2137 state agency’s mission. Funds may not be used for travel by
2138 state employees to foreign countries, other states, conferences,
2139 staff training activities, or other administrative functions
2140 unless the agency head has approved, in writing, that such
2141 activities are critical to the agency’s mission. The agency head
2142 shall consider using teleconferencing and other forms of
2143 electronic communication to meet the needs of the proposed
2144 activity before approving mission-critical travel. This section
2145 does not apply to travel for law enforcement purposes, military
2146 purposes, emergency management activities, or public health
2147 activities. This section expires July 1, 2023.
2148 Section 69. In order to implement appropriations in the
2149 2022-2023 General Appropriations Act for state employee travel
2150 and notwithstanding s. 112.061, Florida Statutes, costs for
2151 lodging associated with a meeting, conference, or convention
2152 organized or sponsored in whole or in part by a state agency or
2153 the judicial branch may not exceed $175 per day. An employee may
2154 expend his or her own funds for any lodging expenses in excess
2155 of $175 per day. For purposes of this section, a meeting does
2156 not include travel activities for conducting an audit,
2157 examination, inspection, or investigation or travel activities
2158 related to a litigation or emergency response. This section
2159 expires July 1, 2023.
2160 Section 70. In order to implement the appropriation of
2161 funds in the special categories, contracted services, and
2162 expenses categories of the 2022-2023 General Appropriations Act,
2163 a state agency may not enter into a contract containing a
2164 nondisclosure clause that prohibits the contractor from
2165 disclosing information relevant to the performance of the
2166 contract to members or staff of the Senate or the House of
2167 Representatives. This section expires July 1, 2023.
2168 Section 71. In order to implement Specific Appropriation
2169 2599 of the 2022-2023 General Appropriations Act, section 14.35,
2170 Florida Statutes, is reenacted and amended to read:
2171 14.35 Governor’s Medal of Freedom.—
2172 (1) The Governor may present, in the name of the State of
2173 Florida, a medal to be known as the “Governor’s Medal of
2174 Freedom,” which shall bear a suitable inscription and ribbon of
2175 appropriate design, to any person who has made an especially
2176 meritorious contribution to the interests and citizens of the
2177 state, its culture, or other significant public or private
2178 endeavor.
2179 (2)(a) In the event of the death of an individual who has
2180 been chosen to receive the Governor’s Medal of Freedom, the
2181 medal may be presented to a designated representative of the
2182 chosen recipient.
2183 (b) The Governor’s Medal of Freedom may only be presented
2184 to an individual once.
2185 (3) This section expires July 1, 2023 2022.
2186 Section 72. Any section of this act which implements a
2187 specific appropriation or specifically identified proviso
2188 language in the 2022-2023 General Appropriations Act is void if
2189 the specific appropriation or specifically identified proviso
2190 language is vetoed. Any section of this act which implements
2191 more than one specific appropriation or more than one portion of
2192 specifically identified proviso language in the 2022-2023
2193 General Appropriations Act is void if all the specific
2194 appropriations or portions of specifically identified proviso
2195 language are vetoed.
2196 Section 73. If any other act passed during the 2022 Regular
2197 Session of the Legislature contains a provision that is
2198 substantively the same as a provision in this act, but that
2199 removes or is otherwise not subject to the future repeal applied
2200 to such provision by this act, the Legislature intends that the
2201 provision in the other act takes precedence and continues to
2202 operate, notwithstanding the future repeal provided by this act.
2203 Section 74. If any provision of this act or its application
2204 to any person or circumstance is held invalid, the invalidity
2205 does not affect other provisions or applications of the act
2206 which can be given effect without the invalid provision or
2207 application, and to this end the provisions of this act are
2208 severable.
2209 Section 75. Except as otherwise expressly provided in this
2210 act and except for this section, which shall take effect upon
2211 this act becoming a law, this act shall take effect July 1,
2212 2022, or, if this act fails to become a law until after that
2213 date, it shall take effect upon becoming a law and shall operate
2214 retroactively to July 1, 2022.
