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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act implementing the 2023 -2024 General 2
Appropriations Act; providing legislative intent; 3
incorporating by reference certain calculations of the 4
Florida Education Finance Program; authorizing the 5
Agency for Health Care Administration to submit a 6
budget amendment to realign Medicaid funding for 7
specified purposes; authorizing the Agency for Health 8
Care Administration and the Department of Health to 9
each submit a budget amendment to realign funding 10
within the Florida Kidcare program appropriation 11
categories and increase budget authority for certain 12
purposes; specifying the time period within each such 13
budget amendment must be submitted; amending s. 14
381.986, F.S.; extending for 1 year the exemption of 15
certain rules pertaining to the medical use of 16
marijuana from certain rulemaking requirements; 17
amending s. 14 of chapter 2017 -232, Laws of Florida; 18
exempting certain rules pertaining to medical 19
marijuana adopted to replace emergency rules from 20
specified rulemaking requirements; providing for the 21
future expiration and reversion of specified law; 22
authorizing the Agency for Health Care Administration 23
to submit a budget amendment seeking additional 24
spending authority to implement specified programs; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
authorizing the Agency for Health Care Administration 26
to submit a budget amendment requesting additional 27
spending authority to implement specified 28
demonstration; authorizing the Department of Children 29
and Families to submit a budget amendment to realign 30
funding within the specified appropriation categories 31
to support staffing at certain mental health treatment 32
facilities; authorizing the Department of Health to 33
submit a budget amendment to increase budget authority 34
for the HIV/AIDS Prevention and Treatment Program if a 35
certain condition is met; reenacting and amending s. 36
21 of chapter 2021-37, Laws of Florida; extending by 1 37
fiscal year provisions governing the Agency for Health 38
Care Administration's replacement of the Florida 39
Medicaid Management Information System and fiscal 40
agent operations; authorizing the Department of 41
Children and Families to submit a budget amendment to 42
support certain refugee programs; requiring the 43
Department of Children and Families, the Department of 44
Health, and the Agency for Health Care Administration 45
to submit reports on a specified time period to 46
certain entities; requiring such reports to include 47
certain information; amending s. 409.967, F.S.; 48
providing distribution requirements for certain 49
refunds; providing for the future expiration and 50
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reversion of specified statutory text; amending s. 51
409.909, F.S.; establishing the Slots for Doctors 52
Program; providing purpose of the program; requiring a 53
specified allocation for certain institutions for a 54
specified purpose; providing construction; providing 55
for the future expiration and reversion of specified 56
statutory text; authorizing the Agency for Health Care 57
Administration to submit a budget amendment to 58
implement a specified plan; authorizing the Agency for 59
Health Care Administration to submit a budget 60
amendment to implement a specified programs; 61
authorizing the Department of Health to submit a 62
budget amendment to increase budget authority for 63
specified programs if a certain condition is met; 64
amending s. 216.262, F.S.; extending for 1 fiscal year 65
the authority of the Department of Corrections to 66
submit a budget amendment for additional positions and 67
appropriations under certain circumstances; requiring 68
review and approval by the Legislative Budget 69
Commission; amending s. 215.18, F.S.; extending for 1 70
fiscal year the authority and related repayment 71
requirements for temporary trust fund loans to the 72
state court system which are sufficient to meet the 73
system's appropriation; requiring the Department of 74
Juvenile Justice to review county juvenile detention 75
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payments to determine whether a county has met 76
specified financial responsibilities; requiring 77
amounts owed by the county for such financial 78
responsibilities to be deducted from certain county 79
funds; requiring the Department of Revenue to transfer 80
withheld funds to a specified trust fund; requiring 81
the Department of Revenue to ensure that such 82
reductions in amounts distributed do not reduce 83
distributions below amounts necessary for certain 84
payments due on bonds and to comply with bond 85
covenants; requiring the Department of Revenue to 86
notify the Department of Juve nile Justice if bond 87
payment requirements mandate a reduction in deductions 88
for amounts owed by a county; reenacting s. 27.40(1), 89
(2)(a), (3)(a), (5), (6), and (7), F.S., relating to 90
court-appointed counsel; extending for 1 fiscal year 91
provisions governing the appointment of court -92
appointed counsel; providing for the future expiration 93
and reversion of specified statutory text; reenacting 94
and amending s. 27.5304, F.S., extending for 1 fiscal 95
year limitations on compensation for representation in 96
criminal proceedings; providing for the future 97
expiration and reversion of specified statutory text; 98
requiring the Department of Management Services to use 99
tenant broker services to renegotiate or reprocure 100
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certain private lease agreements for office or storage 101
space; requiring the Department of Management Services 102
to provide a report to the Governor and the 103
Legislature by a specified date; prohibiting an agency 104
from transferring funds from a data processing 105
category to a category that is not a data processing 106
category; authorizing the Executive Office of the 107
Governor to transfer funds appropriated for data 108
processing assessment between departments for a 109
specified purpose; authorizing the Executive Office of 110
the Governor to transfer funds between departments for 111
purposes of aligning amounts paid for risk management 112
insurance and for human resources services purchased 113
per statewide contract; authorizing the Department of 114
Management Services to use certain facility 115
disposition funds from the Architects Incidental Trust 116
Fund to pay for certain relocation expenses; 117
authorizing the Department of Management Services to 118
submit budget amendments for certain purposes relating 119
to the relocation proposals; authorizing the 120
Department of Management Services to acquire certain 121
state-owned office buildings and property for 122
inclusion in the Florida Facilities Pool; reenacting 123
and amending s. 72 of chapter 2020 -114, Laws of 124
Florida; extending for 1 fiscal year provisions 125
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requiring the Department of Financial Services to 126
replace specified components of the Florida Accounting 127
Information Resource Subsystem (FLAIR) and the Cash 128
Management Subsystem (CMS); removing obsolete 129
language; reenacting 282.709(3), F.S., relating to the 130
state agency law enforcement radio system and 131
interoperability netw ork; providing for the future 132
expiration and reversion of specified statutory text; 133
authorizing users of a certain radio system to use the 134
Department of Management Services SLERS contract for 135
specified purposes; providing the transaction fee 136
collected for use of a specified online procurement 137
system; amending s. 24.105, F.S.; providing the manner 138
and amount of compensation for lottery ticket 139
retailers; providing for the future expiration and 140
reversion of specified statutory text; amending s. 141
717.123, F.S.; revising the maximum amount of money 142
that may be retained by the Department of Financial 143
Services for specified purposes; providing for the 144
future expiration and reversion of specified statutory 145
text; requiring the Department of Management Services 146
to assess an administrative health assessment to each 147
state agency; providing the rate of such assessment; 148
defining the term "state agency"; providing how a 149
state agency shall remit certain funds; requiring the 150
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Department of Management Services to take certain 151
actions in case of delinquencies; requiring the Chief 152
Financial Officer to transfer funds under specified 153
circumstances; providing an exception; requiring state 154
agencies to provide a list of positions that qualify 155
for such exception by a specified date; requ iring an 156
update to the indirect cost plan; requiring agencies 157
notify the Department of Management Services if 158
certain conditions are met; authorizing the Executive 159
Office of the Governor to transfer budget authority 160
between agencies in specified circumstan ces; amending 161
s. 215.18, F.S.; extending for 1 fiscal year the 162
authority of the Governor, if there is a specified 163
temporary deficiency in a land acquisition trust fund 164
in the Department of Agriculture and Consumer 165
Services, the Department of Environmental Protection, 166
the Department of State, or the Fish and Wildlife 167
Conservation Commission, to transfer funds from other 168
trust funds in the State Treasury as a temporary loan 169
to such trust fund; providing a deadline for the 170
repayment of a temporary loan; requir ing the 171
Department of Environmental Protection to transfer 172
designated proportions of the revenues deposited in 173
the Land Acquisition Trust Fund within the department 174
to land acquisition trust funds in the Department of 175
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Agriculture and Consumer Services, the Department of 176
State, and the Fish and Wildlife Conservation 177
Commission according to specified parameters and 178
calculations; defining the term "department"; 179
requiring the Department of Environmental Protection 180
to make transfers to land acquisition trust fun ds 181
monthly; specifying the method of determining transfer 182
amounts; authorizing the Department of Environmental 183
Protection to advance funds from its land acquisition 184
trust fund to the Fish and Wildlife Conservation 185
Commission's land acquisition trust fund f or specified 186
purposes; amending s. 375.041, F.S.; extending by 1 187
year the time that certain funds for projects 188
dedicated to restoring Lake Apopka shall be 189
appropriated as provided in the General Appropriations 190
Act; reenacting s. 376.3071(15)(g), F.S., rela ting to 191
the Inland Protection Trust Fund; exempting specified 192
costs incurred by certain petroleum storage system 193
owners or operators during a specified period from the 194
prohibition against making payments in excess of 195
amounts approved by the Department of E nvironmental 196
Protection; providing for the future expiration and 197
reversion of specified statutory text; amending s. 198
259.105, F.S.; providing an appropriation to the 199
Division of State Lands for the Board of Trustees 200
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Florida Forever Priority List land acquis ition 201
projects; amending s. 161.101, F.S.; extending for 1 202
fiscal year the authority of the Department of 203
Environmental Protection to waive or reduce certain 204
match requirements for specified counties; amending s. 205
10 of chapter 2022-272, Laws of Florida; ex tending the 206
Hurricane Restoration and Reimbursement Grant Program 207
for 1 fiscal year; amending s. 321.04, F.S.; extending 208
for 1 fiscal year the requirement that the Department 209
of Highway Safety and Motor Vehicles assign one or 210
more patrol officers to the of fice of Lieutenant 211
Governor for security purposes, upon request of the 212
Governor; extending for 1 fiscal year the requirement 213
that the Department of Highway Safety and Motor 214
Vehicles assign a patrol officer to a Cabinet member 215
under certain circumstances; a mending s. 288.80125, 216
F.S.; extending for 1 fiscal year a requirement that 217
funds in the Triumph Gulf Coast Trust Fund be related 218
to Hurricane Michael recovery; amending s. 339.08, 219
F.S.; extending by 1 year a requirement that certain 220
funds appropriated from the General Revenue Fund be 221
used for specified purposes; removing a requirement 222
that the Department of Transportation track and 223
account for certain funds and grants; amending s. 224
339.135, F.S.; extending for 1 fiscal year the 225
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authorization for the chair an d vice chair of the 226
Legislative Budget Commission to approve certain work 227
program amendments; authorizing the Division of 228
Emergency Management to increase budget authority due 229
to reimbursements from federally declared disasters; 230
amending s. 112.061, F.S.; extending for 1 fiscal year 231
the authorization for the Lieutenant Governor to 232
designate an alternative official headquarters under 233
certain conditions; specifying restrictions, 234
limitations, eligibility for the subsistence 235
allowance, reimbursement of transpor tation expenses, 236
and payment thereof; providing that the annual 237
salaries of the members of the Legislature be 238
maintained at a specified level; reenacting s. 239
215.32(2)(b), F.S., relating to state funds; providing 240
for the future expiration and reversion of s pecified 241
statutory text; specifying the type of travel which 242
may be used with state employee travel funds; 243
providing exceptions; providing a monetary cap on 244
lodging costs for state employee travel to certain 245
meetings organized or sponsored by a state agenc y or 246
the judicial branch; authorizing employees to expend 247
their own funds for lodging expenses that exceed the 248
monetary caps; amending s. 216.181, F.S.; extending 249
for one fiscal year the authority of the Legislative 250
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Budget Commission to approve budget amen dments for 251
certain fixed capital outlay projects; amending s. 252
350.0614, F.S.; extending by 1 year provisions 253
governing the budget of the Office of Public Counsel; 254
requiring the presiding officers of the Legislature to 255
jointly approve the operating budget o f the office; 256
requiring the Public Counsel to submit an annual 257
budget request to the Legislature in a specified 258
manner; authorizing the Public Counsel to employ 259
specified personnel, subject to applicable provisions 260
of the Joint Policies and Procedures of t he Presiding 261
Officers; requiring certain input of the presiding 262
officers regarding administrative matters of the 263
office not addressed in the joint policies and 264
procedures; amending s. 216.292, F.S.; providing 265
requirements for certain transfers; providing 266
conditions under which the veto of certain 267
appropriations or proviso language in the General 268
Appropriations Act voids language that implements such 269
appropriation; providing for the continued operation 270
of certain provisions notwithstanding a future repeal 271
or expiration provided by the act; providing 272
severability; subject to certain limitations providing 273
an effective date. 274
275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 276
277
Section 1. It is the intent of the Legislature that the 278
implementing and administering provisions of this act apply to 279
the General Appropriations Act for the 2023 -2024 fiscal year. 280
Section 2. In order to implement Specific Appropriations 281
5, 6, 80, and 81 of the 2023 -2024 General Appropriations Act, 282
the calculations of the Florida Education Finance Program for 283
the 2023-2024 fiscal year included in the document titled 284
"Public School Funding: The Florida Education Finance Program 285
(FEFP) Fiscal Year 2023 -2024," dated March 24, 2023, and filed 286
with the Clerk of the House of Rep resentatives, are incorporated 287
by reference for the purpose of displaying the calculations used 288
by the Legislature, consistent with the requirements of state 289
law, in making appropriations for the Florida Education Finance 290
Program. This section expires July 1, 2024. 291
Section 3. In order to implement Specific Appropriations 292
197 through 223 and 539 of the 2023 -2024 General Appropriations 293
Act, and notwithstanding ss. 216.181 and 216.292, Florida 294
Statutes, the Agency for Health Care Administration, in 295
consultation with the Department of Health, may submit a budget 296
amendment, subject to the notice, review, and objection 297
procedures of s. 216.177, Florida Statutes, to realign funding 298
within and between agencies based on implementation of the 299
managed medical assis tance component of the Statewide Medicaid 300
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Managed Care program for the Children's Medical Services program 301
of the Department of Health. The funding realignment shall 302
reflect the actual enrollment changes due to the transfer of 303
beneficiaries from fee -for-service to the capitated Children's 304
Medical Services network. The Agency for Health Care 305
Administration may submit a request for nonoperating budget 306
authority to transfer the federal funds to the Department of 307
Health pursuant to s. 216.181(12), Florida Statu tes. This 308
section expires July 1, 2024. 309
Section 4. In order to implement Specific Appropriations 310
197 through 223 of the 2023 -2024 General Appropriations Act, and 311
notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 312
Agency for Health Care Admi nistration may submit a budget 313
amendment, subject to the notice, review, and objection 314
procedures of s. 216.177, Florida Statutes, to realign funding 315
within the Medicaid program appropriation categories to address 316
projected surpluses and deficits within th e program and to 317
maximize the use of state trust funds. A single budget amendment 318
shall be submitted in the last quarter of the 2023 -2024 fiscal 319
year only. This section expires July 1, 2024. 320
Section 5. In order to implement Specific Appropriations 321
176 through 181 and 539 of the 2023 -2024 General Appropriations 322
Act, and notwithstanding ss. 216.181 and 216.292, Florida 323
Statutes, the Agency for Health Care Administration and the 324
Department of Health may each submit a budget amendment, subject 325
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to the notice, review, and objection procedures of s. 216.177, 326
Florida Statutes, to realign funding within the Florida Kidcare 327
program appropriation categories, or to increase budget 328
authority in the Children's Medical Services network category, 329
to address projected su rpluses and deficits within the program 330
or to maximize the use of state trust funds. A single budget 331
amendment must be submitted by each agency in the last quarter 332
of the 2023-2024 fiscal year only. This section expires July 1, 333
2024. 334
Section 6. In order to implement Specific Appropriations 335
490 through 498 of the 2023 -2024 General Appropriations Act, 336
subsection (17) of section 381.986, Florida Statutes, is amended 337
to read: 338
381.986 Medical use of marijuana. — 339
(17) Rules adopted pursuant to this section before July 1, 340
2024 2023, are not subject to ss. 120.54(3)(b) and 120.541. This 341
subsection expires July 1, 2024 2023. 342
Section 7. In order to implement Specific Appropriations 343
490 through 498 of the 2023 -2024 General Appropriations Act, 344
subsection (1) of section 14 of chapter 2017 -232, Laws of 345
Florida, as amended by section 18 of chapter 2022 -157, Laws of 346
Florida, is amended to read: 347
Section 14. Department of Health; authority to adopt 348
rules; cause of action. — 349
(1) EMERGENCY RULEMAKING. — 350
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(a) The Department of Health and the applicable boards 351
shall adopt emergency rules pursuant to s. 120.54(4), Florida 352
Statutes, and this section necessary to implement s. 381.986 353
Florida Statutes. If an emergency rule adopted under this 354
section is held to be unco nstitutional or an invalid exercise of 355
delegated legislative authority, and becomes void, the 356
department or the applicable boards may adopt an emergency rule 357
pursuant to this section to replace the rule that has become 358
void. If the emergency rule adopted t o replace the void 359
emergency rule is also held to be unconstitutional or an invalid 360
exercise of delegated legislative authority and becomes void, 361
the department and the applicable boards must follow the 362
nonemergency rulemaking procedures of the Administrat ive 363
Procedures Act to replace the rule that has become void. 364
(b) For emergency rules adopted under this section, the 365
department and the applicable boards need not make the findings 366
required by s. 120.54(4)(a), Florida Statutes. Emergency rules 367
adopted under this section are exempt from ss. 120.54(3)(b) and 368
120.541, Florida Statutes. The department and the applicable 369
boards shall meet the procedural requirements in s. 370
120.54(4)(a), Florida Statutes, if the department or the 371
applicable boards have, before July 1, 2019, held any public 372
workshops or hearings on the subj ect matter of the emergency 373
rules adopted under this subsection. Challenges to emergency 374
rules adopted under this subsection are subject to the time 375
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schedules provided in s. 120.56(5), Florida Statutes. 376
(c) Emergency rules adopted under this section are exempt 377
from s. 120.54(4)(c), Florida Statutes, and shall remain in 378
effect until replaced by rules adopted under the nonemergency 379
rulemaking procedures of the Administrative Procedures Act. 380
Rules adopted under the nonemergency rulemaking procedures of 381
the Administrative Procedures Act to replace emergency rules 382
adopted under this section are exempt from ss. 120.54(3)(b) and 383
120.541, Florida Statutes. By July 1, 2024 2023, the department 384
and the applicable boards shall initiate nonemergency rulemaking 385
pursuant to the Administrative Procedures Act to replace all 386
emergency rules adopted under this section by publishing a 387
notice of rule development in the Florida Administrative 388
Register. Except as provided in paragraph (a), after July 1, 389
2024 2023, the department and applicable boards may not adopt 390
rules pursuant to the emergency rulemaking procedures provided 391
in this section. 392
Section 8. The amendments to section 14(1) of chapter 393
2017-232, Laws of Florida, as amended by this act expire July 1, 394
2024, and the text of that subsection shall revert to that in 395
existence on June 30, 2019, except that any amendments to such 396
text enacted other than by this act shall be preserved and 397
continue to operate to the extent that such amendments are not 398
dependent upon the portio ns of text which expire pursuant to 399
this section. 400
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Section 9. In order to implement Specific Appropriations 401
203, 206, and 210 of the 2023 -2024 General Appropriations Act, 402
the Agency for Health Care Administration may submit a budget 403
amendment pursuant t o chapter 216, Florida Statutes, requesting 404
additional spending authority to implement the federally 405
approved Directed Payment Program for hospitals providing 406
inpatient and outpatient services to Medicaid managed care 407
enrollees and the Indirect Medical Edu cation (IME) Program. This 408
section expires July 1, 2024. 409
Section 10. In order to implement Specific Appropriations 410
197 through 214 of the 2023 -2024 General Appropriations Act, and 411
notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 412
Agency for Health Care Administration may submit a budget 413
amendment, subject to the notice, review, and objection 414
procedures of s. 216.177, Florida Statutes, to provide spending 415
authority to implement the low income pool component of the 416
Florida Managed Medical Ass istance demonstration up to the total 417
computable funds authorized by the federal Centers for Medicare 418
and Medicaid Services. 419
Section 11. In order to implement Specific Appropriations 420
281, 294, 306, 337 through 339, 345, and 366 of the 2023 -2024 421
General Appropriations Act, and notwithstanding ss. 216.181 and 422
216.292, Florida Statutes, the Department of Children and 423
Families may submit a budget amendment, subject to the notice, 424
review, and objection procedures of s. 216.177, Florida 425
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Statutes, to realign f unding between appropriations categories 426
to support contracted staffing equivalents to sustain forensic 427
bed capacity and resident -to-workforce ratios at the state's 428
mental health treatment facilities. This section expires July 1, 429
2024. 430
Section 12. In order to implement Specific Appropriations 431
478 and 523 of the 2023 -2024 General Appropriations Act, and 432
notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 433
Department of Health may submit a budget amendment, subject to 434
the notice, review, and obj ection procedures of s. 216.177, 435
Florida Statutes, to increase budget authority for the HIV/AIDS 436
Prevention and Treatment Program if additional federal revenues 437
specific to HIV/AIDS prevention and treatment become available 438
in the 2023-2024 fiscal year. Th is section expires July 1, 2024. 439
Section 13. In order to implement Specific Appropriation 440
191 of the 2023-2024 General Appropriations Act, section 21 of 441
chapter 2021-37, Laws of Florida, as amended by section 26 of 442
chapter 2022-157, Laws of Florida, is reenacted and amended to 443
read: 444
Section 21. (1) The Agency for Health Care Administration 445
shall replace the current Florida Medicaid Management 446
Information System (FMMIS) and fiscal agent operations with a 447
system that is modular, interoperable, and s calable for the 448
Florida Medicaid program that complies with all applicable 449
federal and state laws and requirements. The agency may not 450
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include in the project to replace the current FMMIS and fiscal 451
agent contract: 452
(a) Functionality that duplicates any o f the information 453
systems of the other health and human services state agencies; 454
or 455
(b) Procurement for agency requirements external to 456
Medicaid programs with the intent to leverage the Medicaid 457
technology infrastructure for other purposes without legis lative 458
appropriation or legislative authorization to procure these 459
requirements. The new system, the Florida Health Care Connection 460
(FX) system, must provide better integration with subsystems 461
supporting Florida's Medicaid program; uniformity, consistency, 462
and improved access to data; and compatibility with the Centers 463
for Medicare and Medicaid Services' Medicaid Information 464
Technology Architecture (MITA) as the system matures and expands 465
its functionality; or 466
(c) Any contract executed after July 1, 2022, not 467
including staff augmentation services purchased off the 468
Department of Management Services Information Technology staff 469
augmentation state term contract that are not deliverables based 470
fixed price contracts . 471
(2) For purposes of replacing FMMIS and th e current 472
Medicaid fiscal agent, the Agency for Health Care Administration 473
shall: 474
(a) Prioritize procurements for the replacement of the 475
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current functions of FMMIS and the responsibilities of the 476
current Medicaid fiscal agent, to minimize the need to ex tend 477
all or portions of the current fiscal agent contract. 478
(b) Comply with and not exceed the Centers for Medicare 479
and Medicaid Services funding authorizations for the FX system. 480
(c) Ensure compliance and uniformity with published MITA 481
framework and guidelines. 482
(d) Ensure that all business requirements and technical 483
specifications have been provided to all affected state agencies 484
for their review and input and approved by the executive 485
steering committee established in paragraph (g). 486
(e) Consult with the Executive Office of the Governor's 487
working group for interagency information technology integration 488
for the development of competitive solicitations that provide 489
for data interoperability and shared information technology 490
services across the state 's health and human services agencies. 491
(f) Implement a data governance structure for the project 492
to coordinate data sharing and interoperability across state 493
healthcare entities. 494
(g) Implement a project governance structure that includes 495
an executive steering committee composed of: 496
1. The Secretary of Health Care Administration, or the 497
executive sponsor of the project. 498
2. A representative of the Division of Operations of the 499
Agency for Health Care Administration, appointed by the 500
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Secretary of Health Care Administration. 501
3. Two representatives from the Division of Medicaid of 502
the Agency for Health Care Administration, appointed by the 503
Secretary of Health Care Administration. 504
4. A representative of the Division of Health Quality 505
Assurance of the Agency for Health Care Administration, 506
appointed by the Secretary of Health Care Administration. 507
5. A representative of the Florida Center for Health 508
Information and Transparency of the Agency for Health Care 509
Administration, appointed by the Secretar y of Health Care 510
Administration. 511
6. The Chief Information Officer of the Agency for Health 512
Care Administration, or his or her designee. 513
7. The state chief information officer, or his or her 514
designee. 515
8. Two representatives of the Department of Chi ldren and 516
Families, appointed by the Secretary of Children and Families. 517
9. A representative of the Department of Health, appointed 518
by the State Surgeon General. 519
10. A representative of the Agency for Persons with 520
Disabilities, appointed by the direct or of the Agency for 521
Persons with Disabilities. 522
11. A representative from the Florida Healthy Kids 523
Corporation. 524
12. A representative from the Department of Elderly 525
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Affairs, appointed by the Secretary of Elderly Affairs. 526
13. A representative of the Department of Financial 527
Services who has experience with the state's financial processes 528
including development of the PALM system, appointed by the Chief 529
Financial Officer. 530
(3) The Secretary of Health Care Administration or the 531
executive sponsor of the project shall serve as chair of the 532
executive steering committee, and the committee shall take 533
action by a vote of at least 10 affirmative votes with the chair 534
voting on the prevailing side. A quorum of the executive 535
steering committee consists of at least 11 members. 536
(4) The executive steering committee has the overall 537
responsibility for ensuring that the project to replace FMMIS 538
and the Medicaid fiscal agent meets its primary business 539
objectives and shall: 540
(a) Identify and recommend to the Executive Office of the 541
Governor, the President of the Senate, and the Speaker of the 542
House of Representatives any statutory changes needed to 543
implement the modular replacement to standardize, to the fullest 544
extent possible, the state's healthcare data and business 545
processes. 546
(b) Review and approve any changes to the project's scope, 547
schedule, and budget which do not conflict with the requirements 548
of subsections (1) and (2). 549
(c) Ensure that adequate resources are provided throughou t 550
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all phases of the project. 551
(d) Approve all major project deliverables. 552
(e) Review and verify that all procurement and contractual 553
documents associated with the replacement of the current FMMIS 554
and Medicaid fiscal agent align with the scope, schedul e, and 555
anticipated budget for the project. 556
(5) This section expires July 1, 2024 2023. 557
Section 14. In order to implement Specific Appropriations 558
203, 206, 207, 208 through 210, 355, 365, 482, 499 through 501, 559
and 507 of the 2023-2024 General Appropr iations Act, and 560
notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 561
Department of Children and Families, the Department of Health, 562
and the Agency for Health Care Administration may submit budget 563
amendments, subject to the notice, review, and ob jection 564
procedures of s. 216.177, Florida Statutes, to increase budget 565
authority to support refugee programs administered by the 566
federal Office of Refugee Resettlement due to the ongoing 567
instability of federal immigration policy and the resulting 568
inability of the state to reasonably predict, with certainty, 569
the budgetary need of the state with respect to the number of 570
refugees relocated to the state as part of those federal 571
programs. The Department of Children and Families shall submit 572
quarterly reports to the Executive Office of the Governor, the 573
President of the Senate, and the Speaker of the House of 574
Representatives on the number of refugees entering the state, 575
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the nations of origin of such refugees, and current expenditure 576
projections based on the increa sed number of new arrivals and 577
the utilization of allowable services. This section expires July 578
1, 2024. 579
Section 15. In order to implement Specific Appropriations 580
197 through 223 of the 2023 -2024 General Appropriations Act, 581
paragraph (f) of subsection (3) of section 409.967, Florida 582
Statutes, is amended to read: 583
409.967 Managed care plan accountability. — 584
(3) ACHIEVED SAVINGS REBATE. — 585
(f) Achieved savings rebates validated by the certified 586
public accountant are due within 30 days after the report i s 587
submitted. Except as provided in paragraph (h), the achieved 588
savings rebate is established by determining pretax income as a 589
percentage of revenues and applying the following income sharing 590
ratios: 591
1. One hundred percent of income up to and including 5 592
percent of revenue shall be retained by the plan. 593
2. Fifty percent of income above 5 percent and up to 10 594
percent shall be retained by the plan, and the other 50 percent 595
refunded to the state with the state share of the achieved 596
savings rebate being and transferred to the General Revenue 597
Fund, unallocated, and the federal share of the achieved savings 598
rebate being transferred to the Medical Care Trust Fund . 599
3. One hundred percent of income above 10 percent of 600
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revenue shall be refunded to the state with the state share of 601
the achieved savings rebate and transferred to the General 602
Revenue Fund, unallocated , and the federal share of the achieved 603
savings rebate transferred to the Medical Care Trust Fund . 604
Section 16. The amendments to s. 409.967(3)(f), Florida 605
Statutes, by this act expire July 1, 2024, and the text of that 606
paragraph shall revert to that in existence on June 30, 2023, 607
except that any amendments to such text enacted other than by 608
this act shall be preserved and continue to operate to the 609
extent that such amendments are not dependent upon the portions 610
of text which expire pursuant to this section. 611
Section 17. In order to implement Specific Appropriation 612
202 of the 2023-2024 General Appropriations Act, subsections (6) 613
and (7) of section 4 09.909, Florida Statutes, are renumbered as 614
subsection (7) and (8), respectively, a new subsection (6) is 615
added to that section, and present subsection (7) of that 616
section is reenacted, to read: 617
409.909 Statewide Medicaid Residency Program. — 618
(6) The Slots for Doctors Program is established to 619
address the physician workforce shortage by increasing the 620
supply of highly trained physicians through the creation of new 621
resident positions which will increase access to care and 622
improve health outcomes for Medic aid recipients. The agency 623
shall allocate $100,000 to hospitals and qualifying institutions 624
for each newly created resident position that is accredited by 625
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the Accreditation Council for Graduate Medical Education or the 626
Osteopathic Postdoctoral Training Ins titution in an initial or 627
established accredited training program that is in a physician 628
specialty in statewide supply -and-demand deficit. This program 629
is designed to generate federal matching funds under Medicaid 630
and distribute the resulting funds to part icipating hospitals 631
and qualifying institutions on a quarterly basis in each fiscal 632
year for which an appropriation is made. 633
(a) For purposes of this subsection, physician specialties 634
and subspecialties, both adult and pediatric, in statewide 635
supply-and-demand deficit are those identified in the General 636
Appropriations Act. 637
(b) Funds allocated pursuant to this subsection may not be 638
used for resident positions that have previously received 639
funding pursuant to subsection (1). 640
(8)(7) The agency may adopt rules to administer this 641
section. 642
Section 18. The amendments to s. 409.909, Florida 643
Statutes, by this act expire July 1, 2024, and the text of that 644
section shall revert to that in existence on June 30, 2023, 645
except that any amendments to such text enac ted other than by 646
this act shall be preserved and continue to operate to the 647
extent that such amendments are not dependent upon the portions 648
of text which expire pursuant to this section. 649
Section 19. In order to implement Specific Appropriations 650
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209 and 210 of the 2023-2024 General Appropriations Act, the 651
Agency for Health Care Administration may submit a budget 652
amendment pursuant to chapter 216, Florida Statutes, requesting 653
additional spending authority to implement a supplemental 654
payment plan for phys icians and subordinate licensed health care 655
practitioners employed with a medical or dental school, or a 656
public hospital. This section expires July 1, 2024. 657
Section 20. In order to implement Specific Appropriations 658
210 and 221 of the 2023 -2024 General Appropriations Act, the 659
Agency for Health Care Administration may submit a budget 660
amendment pursuant to chapter 216, Florida Statutes, requesting 661
additional spending authority to implement a certified 662
expenditure program for emergency medical transportatio n 663
services. This section expires July 1, 2024. 664
Section 21. In order to implement Specific Appropriations 665
203, 206, and 210 of the 2023 -2024 General Appropriations Act, 666
the Agency for Health Care Administration may submit a budget 667
amendment pursuant to chapter 216, Florida Statutes, requesting 668
additional spending authority to implement a supplemental 669
payment program for Florida cancer hospitals. This section 670
expires July 1, 2024. 671
Section 22. In order to implement Specific Appropriations 672
469 and 471 of the 2023-2024 General Appropriations Act, and 673
notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 674
Department of Health may submit a budget amendment, subject to 675
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the notice, review, and objection procedures of s. 216.177, 676
Florida Statutes, to i ncrease budget authority for the Special 677
Supplemental Nutrition Program for Women, Infants, and Children 678
and the Child Care Food Program if additional federal revenues 679
will be expended in the 2023 -2024 fiscal year. This section 680
expires July 1, 2024. 681
Section 23. In order to implement Specific Appropriations 682
598 through 705 and 718 through 753 of the 2023 -2024 General 683
Appropriations Act, subsection (4) of section 216.262, Florida 684
Statutes, is amended to read: 685
216.262 Authorized positions. — 686
(4) Notwithstanding the provisions of this chapter 687
relating to increasing the number of authorized positions, and 688
for the 2023-2024 2022-2023 fiscal year only, if the actual 689
inmate population of the Department of Corrections exceeds the 690
inmate population projectio ns of the February 13, 2023 January 691
13, 2022, Criminal Justice Estimating Conference by 1 percent 692
for 2 consecutive months or 2 percent for any month, the 693
Executive Office of the Governor, with the approval of the 694
Legislative Budget Commission, shall immed iately notify the 695
Criminal Justice Estimating Conference, which shall convene as 696
soon as possible to revise the estimates. The Department of 697
Corrections may then submit a budget amendment requesting the 698
establishment of positions in excess of the number au thorized by 699
the Legislature and additional appropriations from unallocated 700
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general revenue sufficient to provide for essential staff, fixed 701
capital improvements, and other resources to provide 702
classification, security, food services, health services, and 703
other variable expenses within the institutions to accommodate 704
the estimated increase in the inmate population. All actions 705
taken pursuant to this subsection are subject to review and 706
approval by the Legislative Budget Commission. This subsection 707
expires July 1, 2024 2023. 708
Section 24. In order to implement Specific Appropriations 709
3271 through 3337 of the 2023 -2024 General Appropriations Act, 710
subsection (2) of section 215.18, Florida Statutes, is amended 711
to read: 712
215.18 Transfers between funds; limitati on.— 713
(2) The Chief Justice of the Supreme Court may receive one 714
or more trust fund loans to ensure that the state court system 715
has funds sufficient to meet its appropriations in the 2023-2024 716
2022-2023 General Appropriations Act. If the Chief Justice 717
accesses the loan, he or she must notify the Governor and the 718
chairs of the legislative appropriations committees in writing. 719
The loan must come from other funds in the State Treasury which 720
are for the time being or otherwise in excess of the amounts 721
necessary to meet the just requirements of such last -mentioned 722
funds. The Governor shall order the transfer of funds within 5 723
days after the written notification from the Chief Justice. If 724
the Governor does not order the transfer, the Chief Financial 725
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Officer shall transfer the requested funds. The loan of funds 726
from which any money is temporarily transferred must be repaid 727
by the end of the 2023-2024 2022-2023 fiscal year. This 728
subsection expires July 1, 2024 2023. 729
Section 25. In order to implement Specific App ropriations 730
1132 through 1143 of the 2023 -2024 General Appropriations Act: 731
(1) The Department of Juvenile Justice is required to 732
review county juvenile detention payments to ensure that 733
counties fulfill their financial responsibilities required in s. 734
985.6865, Florida Statutes. If the Department of Juvenile 735
Justice determines that a county has not met its obligations, 736
the department shall direct the Department of Revenue to deduct 737
the amount owed to the Department of Juvenile Justice from the 738
funds provided to the county under s. 218.23, Florida Statutes. 739
The Department of Revenue shall transfer the funds withheld to 740
the Shared County/State Juvenile Detention Trust Fund. 741
(2) As an assurance to holders of bonds issued by counties 742
before July 1, 2023, for which distributions made pursuant to s. 743
218.23, Florida Statutes, are pledged, or bonds issued to refund 744
such bonds which mature no later than the bonds they refunded 745
and which result in a reduction of debt service payable in each 746
fiscal year, the amount a vailable for distribution to a county 747
shall remain as provided by law and continue to be subject to 748
any lien or claim on behalf of the bondholders. The Department 749
of Revenue must ensure, based on information provided by an 750
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affected county, that any reducti on in amounts distributed 751
pursuant to subsection (1) does not reduce the amount of 752
distribution to a county below the amount necessary for the 753
timely payment of principal and interest when due on the bonds 754
and the amount necessary to comply with any covena nt under the 755
bond resolution or other documents relating to the issuance of 756
the bonds. If a reduction to a county's monthly distribution 757
must be decreased in order to comply with this section, the 758
Department of Revenue must notify the Department of Juvenil e 759
Justice of the amount of the decrease, and the Department of 760
Juvenile Justice must send a bill for payment of such amount to 761
the affected county. 762
(3) This section expires July 1, 2024. 763
Section 26. In order to implement Specific Appropriations 764
763 through 784, 932 through 1075, and 1096 through 1131 of the 765
2023-2024 General Appropriations Act, subsection (1), paragraph 766
(a) of subsection (2), paragraph (a) of subsection (3), and 767
subsections (5), (6), and (7) of section 27.40, Florida 768
Statutes, are reenacted to read: 769
27.40 Court-appointed counsel; circuit registries; minimum 770
requirements; appointment by court. — 771
(1) Counsel shall be appointed to represent any individual 772
in a criminal or civil proceeding entitled to court -appointed 773
counsel under the Federal or State Constitution or as authorized 774
by general law. The court shall appoint a public defender to 775
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represent indigent persons as authorized in s. 27.51. The office 776
of criminal conflict and civil regional counsel shall be 777
appointed to represent pers ons in those cases in which provision 778
is made for court-appointed counsel, but only after the public 779
defender has certified to the court in writing that the public 780
defender is unable to provide representation due to a conflict 781
of interest or is not authori zed to provide representation. The 782
public defender shall report, in the aggregate, the specific 783
basis of all conflicts of interest certified to the court. On a 784
quarterly basis, the public defender shall submit this 785
information to the Justice Administrative Commission. 786
(2)(a) Private counsel shall be appointed to represent 787
persons in those cases in which provision is made for court -788
appointed counsel but only after the office of criminal conflict 789
and civil regional counsel has been appointed and has certifi ed 790
to the court in writing that the criminal conflict and civil 791
regional counsel is unable to provide representation due to a 792
conflict of interest. The criminal conflict and civil regional 793
counsel shall report, in the aggregate, the specific basis of 794
all conflicts of interest certified to the court. On a quarterly 795
basis, the criminal conflict and civil regional counsel shall 796
submit this information to the Justice Administrative 797
Commission. 798
(3) In using a registry: 799
(a) The chief judge of the circuit shal l compile a list of 800
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attorneys in private practice, by county and by category of 801
cases, and provide the list to the clerk of court in each 802
county. The chief judge of the circuit may restrict the number 803
of attorneys on the general registry list. To be includ ed on a 804
registry, an attorney must certify that he or she: 805
1. Meets any minimum requirements established by the chief 806
judge and by general law for court appointment; 807
2. Is available to represent indigent defendants in cases 808
requiring court appointment of private counsel; and 809
3. Is willing to abide by the terms of the contract for 810
services, s. 27.5304, and this section. 811
812
To be included on a registry, an attorney must enter into a 813
contract for services with the Justice Administrative 814
Commission. Failure to comply with the terms of the contract for 815
services may result in termination of the contract and removal 816
from the registry. Each attorney on the registry is responsible 817
for notifying the clerk of the court and the Justice 818
Administrative Commission of a ny change in his or her status. 819
Failure to comply with this requirement is cause for termination 820
of the contract for services and removal from the registry until 821
the requirement is fulfilled. 822
(5) The Justice Administrative Commission shall approve 823
uniform contract forms for use in procuring the services of 824
private court-appointed counsel and uniform procedures and forms 825
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for use by a court-appointed attorney in support of billing for 826
attorney's fees, costs, and related expenses to demonstrate the 827
attorney's completion of specified duties. Such uniform 828
contracts and forms for use in billing must be consistent with 829
s. 27.5304, s. 216.311, and the General Appropriations Act and 830
must contain the following statement: "The State of Florida's 831
performance and oblig ation to pay under this contract is 832
contingent upon an annual appropriation by the Legislature." 833
(6) After court appointment, the attorney must immediately 834
file a notice of appearance with the court indicating acceptance 835
of the appointment to represent t he defendant and of the terms 836
of the uniform contract as specified in subsection (5). 837
(7)(a) A private attorney appointed by the court from the 838
registry to represent a client is entitled to payment as 839
provided in s. 27.5304 so long as the requirements of subsection 840
(1) and paragraph (2)(a) are met. An attorney appointed by the 841
court who is not on the registry list may be compensated under 842
s. 27.5304 only if the court finds in the order of appointment 843
that there were no registry attorneys available for 844
representation for that case and only if the requirements of 845
subsection (1) and paragraph (2)(a) are met. 846
(b)1. The flat fee established in s. 27.5304 and the 847
General Appropriations Act shall be presumed by the court to be 848
sufficient compensation. The attor ney shall maintain appropriate 849
documentation, including contemporaneous and detailed hourly 850
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accounting of time spent representing the client. If the 851
attorney fails to maintain such contemporaneous and detailed 852
hourly records, the attorney waives the right to seek 853
compensation in excess of the flat fee established in s. 27.5304 854
and the General Appropriations Act. These records and documents 855
are subject to review by the Justice Administrative Commission 856
and audit by the Auditor General, subject to the attorne y-client 857
privilege and work-product privilege. The attorney shall 858
maintain the records and documents in a manner that enables the 859
attorney to redact any information subject to a privilege in 860
order to facilitate the commission's review of the records and 861
documents and not to impede such review. The attorney may redact 862
information from the records and documents only to the extent 863
necessary to comply with the privilege. The Justice 864
Administrative Commission shall review such records and shall 865
contemporaneously document such review before authorizing 866
payment to an attorney. Objections by or on behalf of the 867
Justice Administrative Commission to records or documents or to 868
claims for payment by the attorney shall be presumed correct by 869
the court unless the court de termines, in writing, that 870
competent and substantial evidence exists to justify overcoming 871
the presumption. 872
2. If an attorney fails, refuses, or declines to permit 873
the commission or the Auditor General to review documentation 874
for a case as provided in th is paragraph, the attorney waives 875
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the right to seek, and the commission may not pay, compensation 876
in excess of the flat fee established in s. 27.5304 and the 877
General Appropriations Act for that case. 878
3. A finding by the commission that an attorney has wa ived 879
the right to seek compensation in excess of the flat fee 880
established in s. 27.5304 and the General Appropriations Act, as 881
provided in this paragraph, shall be presumed to be correct, 882
unless the court determines, in writing, that competent and 883
substantial evidence exists to justify overcoming the 884
presumption. 885
Section 27. The text of s. 27.40(1), (2)(a), (3)(a), (5), 886
(6), and (7), Florida Statutes, as carried forward from chapter 887
2019-116, Laws of Florida, by this act expires July 1, 2024, and 888
the text of those subsections and paragraphs, as applicable, 889
shall revert to that in existence on June 30, 2019, except that 890
any amendments to such text enacted other than by this act shall 891
be preserved and continue to operate to the extent that such 892
amendments are not dependent upon the portions of text which 893
expire pursuant to this section. 894
Section 28. In order to implement Specific Appropriations 895
763 through 784, 932 through 1075, and 1096 through 1131 of the 896
2023-2024 General Appropriations Act, subsectio n (13) of section 897
27.5304, Florida Statutes, is reenacted and amended, and 898
subsections (1), (3), (7), and (11), and paragraphs (a) through 899
(e) of subsection (12) of that section are reenacted, to read: 900
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27.5304 Private court -appointed counsel; compensation; 901
notice.— 902
(1) Private court-appointed counsel appointed in the 903
manner prescribed in s. 27.40(1) and (2)(a) shall be compensated 904
by the Justice Administrative Commission only as provided in 905
this section and the General Appropriations Act. The flat fees 906
prescribed in this section are limitations on compensation. The 907
specific flat fee amounts for compensation shall be established 908
annually in the General Appropriations Act. The attorney also 909
shall be reimbursed for reasonable and necessary expens es in 910
accordance with s. 29.007. If the attorney is representing a 911
defendant charged with more than one offense in the same case, 912
the attorney shall be compensated at the rate provided for the 913
most serious offense for which he or she represented the 914
defendant. This section does not allow stacking of the fee 915
limits established by this section. 916
(3) The court retains primary authority and responsibility 917
for determining the reasonableness of all billings for attorney 918
fees, costs, and related expenses, subject to statutory 919
limitations and the requirements of s. 27.40(7). Private court -920
appointed counsel is entitled to compensation upon final 921
disposition of a case. 922
(7) Counsel eligible to receive compensation from the 923
state for representation pursuant to court appointment made in 924
accordance with the requirements of s. 27.40(1) and (2)(a) in a 925
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proceeding under chapter 384, chapter 390, chapter 392, chapter 926
393, chapter 394, chapter 397, chapter 415, chapter 743, chapter 927
744, or chapter 984 shall receive compensat ion not to exceed the 928
limits prescribed in the General Appropriations Act. Any such 929
compensation must be determined as provided in s. 27.40(7). 930
(11) It is the intent of the Legislature that the flat 931
fees prescribed under this section and the General 932
Appropriations Act comprise the full and complete compensation 933
for private court-appointed counsel. It is further the intent of 934
the Legislature that the fees in this section are prescribed for 935
the purpose of providing counsel with notice of the limit on the 936
amount of compensation for representation in particular 937
proceedings and the sole procedure and requirements for 938
obtaining payment for the same. 939
(a) If court-appointed counsel moves to withdraw prior to 940
the full performance of his or her duties through the completion 941
of the case, the court shall presume that the attorney is not 942
entitled to the payment of the full flat fee established under 943
this section and the General Appropriations Act. 944
(b) If court-appointed counsel is allowed to withdraw from 945
representation prior to the full performance of his or her 946
duties through the completion of the case and the court appoints 947
a subsequent attorney, the total compensation for the initial 948
and any and all subsequent attorneys may not exceed the flat fee 949
established under this section and the General Appropriations 950
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Act, except as provided in subsection (12). 951
952
This subsection constitutes notice to any subsequently appointed 953
attorney that he or she will not be compensated the full flat 954
fee. 955
(12) The Legislature recognize s that on rare occasions an 956
attorney may receive a case that requires extraordinary and 957
unusual effort. 958
(a) If counsel seeks compensation that exceeds the limits 959
prescribed by law, he or she must file a motion with the chief 960
judge for an order approving payment of attorney fees in excess 961
of these limits. 962
1. Before filing the motion, the counsel shall deliver a 963
copy of the intended billing, together with supporting 964
affidavits and all other necessary documentation, to the Justice 965
Administrative Commission . 966
2. The Justice Administrative Commission shall review the 967
billings, affidavit, and documentation for completeness and 968
compliance with contractual and statutory requirements and shall 969
contemporaneously document such review before authorizing 970
payment to an attorney. If the Justice Administrative Commission 971
objects to any portion of the proposed billing, the objection 972
and supporting reasons must be communicated in writing to the 973
private court-appointed counsel. The counsel may thereafter file 974
his or her motion, which must specify whether the commission 975
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objects to any portion of the billing or the sufficiency of 976
documentation, and shall attach the commission's letter stating 977
its objection. 978
(b) Following receipt of the motion to exceed the fee 979
limits, the chief judge or a single designee shall hold an 980
evidentiary hearing. The chief judge may select only one judge 981
per circuit to hear and determine motions pursuant to this 982
subsection, except multicounty circuits and the eleventh circuit 983
may have up to two desi gnees. 984
1. At the hearing, the attorney seeking compensation must 985
prove by competent and substantial evidence that the case 986
required extraordinary and unusual efforts. The chief judge or 987
single designee shall consider criteria such as the number of 988
witnesses, the complexity of the factual and legal issues, and 989
the length of trial. The fact that a trial was conducted in a 990
case does not, by itself, constitute competent substantial 991
evidence of an extraordinary and unusual effort. In a criminal 992
case, relief under this section may not be granted if the number 993
of work hours does not exceed 75 or the number of the state's 994
witnesses deposed does not exceed 20. 995
2. Objections by or on behalf of the Justice 996
Administrative Commission to records or documents or to cla ims 997
for payment by the attorney shall be presumed correct by the 998
court unless the court determines, in writing, that competent 999
and substantial evidence exists to justify overcoming the 1000
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presumption. The chief judge or single designee shall enter a 1001
written order detailing his or her findings and identifying the 1002
extraordinary nature of the time and efforts of the attorney in 1003
the case which warrant exceeding the flat fee established by 1004
this section and the General Appropriations Act. 1005
(c) A copy of the motion and attachments shall be served 1006
on the Justice Administrative Commission at least 20 business 1007
days before the date of a hearing. The Justice Administrative 1008
Commission has standing to appear before the court, and may 1009
appear in person or telephonically, incl uding at the hearing 1010
under paragraph (b), to contest any motion for an order 1011
approving payment of attorney fees, costs, or related expenses 1012
and may participate in a hearing on the motion by use of 1013
telephonic or other communication equipment. The Justice 1014
Administrative Commission may contract with other public or 1015
private entities or individuals to appear before the court for 1016
the purpose of contesting any motion for an order approving 1017
payment of attorney fees, costs, or related expenses. The fact 1018
that the Justice Administrative Commission has not objected to 1019
any portion of the billing or to the sufficiency of the 1020
documentation is not binding on the court. 1021
(d) If the chief judge or a single designee finds that 1022
counsel has proved by competent and substantial e vidence that 1023
the case required extraordinary and unusual efforts, the chief 1024
judge or single designee shall order the compensation to be paid 1025
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to the attorney at a percentage above the flat fee rate, 1026
depending on the extent of the unusual and extraordinary e ffort 1027
required. The percentage must be only the rate necessary to 1028
ensure that the fees paid are not confiscatory under common law. 1029
The percentage may not exceed 200 percent of the established 1030
flat fee, absent a specific finding that 200 percent of the flat 1031
fee in the case would be confiscatory. If the chief judge or 1032
single designee determines that 200 percent of the flat fee 1033
would be confiscatory, he or she shall order the amount of 1034
compensation using an hourly rate not to exceed $75 per hour for 1035
a noncapital case and $100 per hour for a capital case. However, 1036
the compensation calculated by using the hourly rate shall be 1037
only that amount necessary to ensure that the total fees paid 1038
are not confiscatory, subject to the requirements of s. 1039
27.40(7). 1040
(e) Any order granting relief under this subsection must 1041
be attached to the final request for a payment submitted to the 1042
Justice Administrative Commission and must satisfy the 1043
requirements of subparagraph (b)2. 1044
(13) Notwithstanding the limitation set forth in 1045
subsection (5) and for the 2023-2024 2022-2023 fiscal year only, 1046
the compensation for representation in a criminal proceeding may 1047
not exceed the following: 1048
(a) For misdemeanors and juveniles represented at the 1049
trial level: $1,000. 1050
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(b) For noncapital, nonl ife felonies represented at the 1051
trial level: $15,000. 1052
(c) For life felonies represented at the trial level: 1053
$15,000. 1054
(d) For capital cases represented at the trial level: 1055
$25,000. For purposes of this paragraph, a "capital case" is any 1056
offense for which the potential sentence is death and the state 1057
has not waived seeking the death penalty. 1058
(e) For representation on appeal: $9,000. 1059
(f) This subsection expires July 1, 2024 2023. 1060
Section 29. The text of s. 27.5304(1), (3), (7), (11), and 1061
(12)(a)-(e), Florida Statutes, as carried forward from chapter 1062
19-116, Laws of Florida and the amendment to s. 27.5304(13), 1063
Florida Statutes, by this act expire July 1, 2024, and the text 1064
of those subsections and paragraphs, as applicable, shall revert 1065
to that in existence on June 30, 2019, except that any 1066
amendments to such text enacted other than by this act shall be 1067
preserved and continue to operate to the extent that such 1068
amendments are not dependent upon the portions of text which 1069
expire pursuant to this section . 1070
Section 30. In order to implement appropriations used to 1071
pay existing lease contracts for private lease space in excess 1072
of 2,000 square feet in the 2023 -2024 General Appropriations 1073
Act, the Department of Management Services, with the cooperation 1074
of the agencies having the existing lease contracts for office 1075
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or storage space, shall use tenant broker services to 1076
renegotiate or reprocure all private lease agreements for office 1077
or storage space expiring between July 1, 2024, and June 30, 1078
2026, in order to reduce costs in f uture years. The department 1079
shall incorporate this initiative into its 2023 master leasing 1080
report required under s. 255.249(7), Florida Statutes, and may 1081
use tenant broker services to explore the possibilities of 1082
collocating office or storage space, to rev iew the space needs 1083
of each agency, and to review the length and terms of potential 1084
renewals or renegotiations. The department shall provide a 1085
report to the Executive Office of the Governor, the President of 1086
the Senate, and the Speaker of the House of Repr esentatives by 1087
November 1, 2023, which lists each lease contract for private 1088
office or storage space, the status of renegotiations, and the 1089
savings achieved. This section expires July 1, 2024. 1090
Section 31. In order to implement appropriations 1091
authorized in the 2023-2024 General Appropriations Act for data 1092
center services, and notwithstanding s. 216.292(2)(a), Florida 1093
Statutes, an agency may not transfer funds from a data 1094
processing category to a category other than another data 1095
processing category. This section expires July 1, 2024. 1096
Section 32. In order to implement the appropriation of 1097
funds in the appropriation category "Northwest Regional Data 1098
Center" in the 2023-2024 General Appropriations Act, and 1099
pursuant to the notice, review, and objection procedures of s. 1100
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216.177, Florida Statutes, the E xecutive Office of the Governor 1101
may transfer funds appropriated in that category between 1102
departments in order to align the budget authority granted based 1103
on the estimated costs for data processing services for the 1104
2023-2024 fiscal year. This section expire s July 1, 2024. 1105
Section 33. In order to implement the appropriation of 1106
funds in the appropriation category "Special Categories -Risk 1107
Management Insurance" in the 2023 -2024 General Appropriations 1108
Act, and pursuant to the notice, review, and objection 1109
procedures of s. 216.177, Florida Statutes, the Executive Office 1110
of the Governor may transfer funds appropriated in that category 1111
between departments in order to align the budget authority 1112
granted with the premiums paid by each department for risk 1113
management insurance. This section expires July 1, 2024. 1114
Section 34. In order to implement the appropriation of 1115
funds in the appropriation category "Special Categories -Transfer 1116
to Department of Management Services -Human Resources Services 1117
Purchased per Statewide Contract" in the 2023 -2024 General 1118
Appropriations Act, and pursuant to the notice, review, and 1119
objection procedures of s. 216.177, Florida Statutes, the 1120
Executive Office of the Governor may transfer funds appropriated 1121
in that category between departments i n order to align the 1122
budget authority granted with the assessments that must be paid 1123
by each agency to the Department of Management Services for 1124
human resource management services. This section expires July 1, 1125
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2024. 1126
Section 35. In order to implement Sp ecific Appropriation 1127
2871 in the 2023-2024 General Appropriations Act in the Building 1128
Relocation appropriation category from the Architects Incidental 1129
Trust Fund of the Department of Management Services, and in 1130
accordance with s. 215.196, Florida Statutes, the Department of 1131
Management Services: 1132
(1) Upon the final disposition of a state -owned building, 1133
the department may use up to 5 percent of facility disposition 1134
funds from the Architects Incidental Trust Fund to defer, 1135
offset, or otherwise pay for all o r a portion of relocation 1136
expenses, including furniture, fixtures, and equipment for state 1137
agencies impacted by of the disposition of the department's 1138
managed facilities in the Florida Facilities Pool. The extent of 1139
the financial assistance provided to imp acted state agencies 1140
shall be determined by the department. 1141
(2) The Department of Management Services may submit 1142
budget amendments for an increase in appropriation if necessary 1143
for the implementation of this section pursuant to the 1144
provisions of chapter 216, Florida Statutes. Budget amendments 1145
for an increase in appropriation shall include a detailed plan 1146
providing all estimated costs and relocation proposals. 1147
(3) This section expires July 1, 2024. 1148
Section 36. In order to implement Specific Appropri ation 1149
2845 of the 2023-2024 General Appropriations Act from the 1150
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Architects Incidental Trust Fund of the Department of Management 1151
Services, notwithstanding s. 253.025, Florida Statutes, and in 1152
accordance with s. 215.196, Florida Statutes, the Department of 1153
Management Services may acquire additional state -owned office 1154
buildings, as defined in s. 255.248, Florida Statutes, or 1155
property for inclusion in the Florida Facilities Pool as created 1156
in s. 255.505, Florida Statutes. This section expires July 1, 1157
2024. 1158
Section 37. In order to implement Specific Appropriations 1159
2449 through 2452 of the 2023 -2024 General Appropriations Act, 1160
section 72 of chapter 2020 -114, Laws of Florida, as amended by 1161
section 52 of chapter 2022 -157, Laws of Florida, is reenacted 1162
and amended to read: 1163
Section 72. (1) The Department of Financial Services 1164
shall replace the four main components of the Florida Accounting 1165
Information Resource Subsystem (FLAIR), which include central 1166
FLAIR, departmental FLAIR, payroll, and information warehou se, 1167
and shall replace the cash management and accounting management 1168
components of the Cash Management Subsystem (CMS) with an 1169
integrated enterprise system that allows the state to organize, 1170
define, and standardize its financial management business 1171
processes and that complies with ss. 215.90 -215.96, Florida 1172
Statutes. The department may not include in the replacement of 1173
FLAIR and CMS: 1174
(a) Functionality that duplicates any of the other 1175
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information subsystems of the Florida Financial Management 1176
Information System; or 1177
(b) Agency business processes related to any of the 1178
functions included in the Personnel Information System, the 1179
Purchasing Subsystem, or the Legislative Appropriations 1180
System/Planning and Budgeting Subsystem. 1181
(2) For purposes of replacing FLAI R and CMS, the 1182
Department of Financial Services shall: 1183
(a) Take into consideration the cost and implementation 1184
data identified for Option 3 as recommended in the March 31, 1185
2014, Florida Department of Financial Services FLAIR Study, 1186
version 031. 1187
(b) Ensure that all business requirements and technical 1188
specifications have been provided to all state agencies for 1189
their review and input and approved by the executive steering 1190
committee established in paragraph (c), including any updates to 1191
these documents. 1192
(c) Implement a project governance structure that includes 1193
an executive steering committee composed of: 1194
1. The Chief Financial Officer or the executive sponsor of 1195
the project. 1196
2. A representative of the Division of Treasury of the 1197
Department of Financia l Services, appointed by the Chief 1198
Financial Officer. 1199
3. The Chief Information Officers of the Department of 1200
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Financial Services and the Department of Environmental 1201
Protection. 1202
4. Two employees from the Division of Accounting and 1203
Auditing of the Departm ent of Financial Services, appointed by 1204
the Chief Financial Officer. Each employee must have experience 1205
relating to at least one of the four main components that 1206
compose FLAIR. 1207
5. Two employees from the Executive Office of the 1208
Governor, appointed by the Governor. One employee must have 1209
experience relating to the Legislative Appropriations 1210
System/Planning and Budgeting Subsystem. 1211
6. One employee from the Department of Revenue, appointed 1212
by the executive director, who has experience using or 1213
maintaining the department's finance and accounting systems. 1214
7. Two employees from the Department of Management 1215
Services, appointed by the Secretary of Management Services. One 1216
employee must have experience relating to the department's 1217
personnel information subsystem and one employee must have 1218
experience relating to the department's purchasing subsystem. 1219
8. A state agency administrative services director, 1220
appointed by the Governor. 1221
9. The executive sponsor of the Florida Health Care 1222
Connection (FX) System or his o r her designee, appointed by the 1223
Secretary of Health Care Administration. 1224
10. The State Chief Information Officer, or his or her 1225
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designee, as a nonvoting member. The State Chief Information 1226
Officer, or his or her designee, shall provide monthly status 1227
reports to the Executive Steering Committee pursuant to the 1228
oversight responsibilities in s. 282.0051, Florida Statutes. 1229
11. One employee from the Department of Business and 1230
Professional Regulation who has experience in finance and 1231
accounting and FLAIR, ap pointed by the Secretary of the 1232
Department of Business and Professional Regulation. 1233
12. One employee from the Florida Fish and Wildlife 1234
Conservation Commission who has experience using or maintaining 1235
the commission's finance and accounting systems, appoi nted by 1236
the Chair of the Florida Fish and Wildlife Conservation 1237
Commission. 1238
13. The budget director of the Department of Education, or 1239
his or her designee. 1240
(3)(a) The Chief Financial Officer or the executive 1241
sponsor of the project shall serve as chair of the executive 1242
steering committee, and the committee shall take action by a 1243
vote of at least eight affirmative votes with the Chief 1244
Financial Officer or the executive sponsor of the project voting 1245
on the prevailing side. A quorum of the executive steerin g 1246
committee consists of at least 10 members. 1247
(b) No later than 14 days before a meeting of the 1248
executive steering committee, the chair shall request input from 1249
committee members on agenda items for the next scheduled 1250
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meeting. 1251
(c) The chair shall establ ish, by July 31, 2022, a working 1252
group consisting of FLAIR users, state agency technical staff 1253
who maintain applications that integrate with FLAIR, and no less 1254
than four state agency finance and accounting or budget 1255
directors. The working group shall meet at least monthly to 1256
review PALM functionality, assess project impacts to state 1257
financial business processes and agency staff, and develop 1258
recommendations to the Executive Steering Committee for 1259
improvements. The chair shall request input from the working 1260
group on agenda items for each scheduled meeting. The PALM 1261
project team shall dedicate a staff member to the group and 1262
provide system demonstrations and any project documentation, as 1263
needed, for the group to fulfill its duties. 1264
(4) The executive steering committee has the overall 1265
responsibility for ensuring that the project to replace FLAIR 1266
and CMS meets its primary business objectives and shall: 1267
(a) Identify and recommend to the Executive Office of the 1268
Governor, the President of the Senate, and the Spea ker of the 1269
House of Representatives any statutory changes needed to 1270
implement the replacement subsystem that will standardize, to 1271
the fullest extent possible, the state's financial management 1272
business processes. 1273
(b) Review and approve any changes to the project's scope, 1274
schedule, and budget which do not conflict with the requirements 1275
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of subsection (1). 1276
(c) Ensure that adequate resources are provided throughout 1277
all phases of the project. 1278
(d) Approve all major project deliverables and any cost 1279
changes to each deliverable over $250,000. 1280
(e) Approve contract amendments and changes to all 1281
contract-related documents associated with the replacement of 1282
FLAIR and CMS. 1283
(f) Ensure compliance with ss. 216.181(16), 216.311, 1284
216.313, 282.318(4)(h), and 287.058, Florida Statutes. 1285
(5) This section expires July 1, 2024 2023. 1286
Section 38. In order to implement Specific Appropriation 1287
2995 of the 2023-2024 General Appropriations Act, subsection (3) 1288
of section 282.709, Florida Statutes, is reenacted to read: 1289
282.709 State agency law enforcement radio system and 1290
interoperability network. — 1291
(3) In recognition of the critical nature of the statewide 1292
law enforcement radio communications system, the Legislature 1293
finds that there is an immediate danger to the public hea lth, 1294
safety, and welfare, and that it is in the best interest of the 1295
state to continue partnering with the system's current operator. 1296
The Legislature finds that continuity of coverage is critical to 1297
supporting law enforcement, first responders, and other p ublic 1298
safety users. The potential for a loss in coverage or a lack of 1299
interoperability between users requires emergency action and is 1300
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a serious concern for officers' safety and their ability to 1301
communicate and respond to various disasters and events. 1302
(a) The department, pursuant to s. 287.057(10), shall 1303
enter into a 15-year contract with the entity that was operating 1304
the statewide radio communications system on January 1, 2021. 1305
The contract must include: 1306
1. The purchase of radios; 1307
2. The upgrade to th e Project 25 communications standard; 1308
3. Increased system capacity and enhanced coverage for 1309
system users; 1310
4. Operations, maintenance, and support at a fixed annual 1311
rate; 1312
5. The conveyance of communications towers to the 1313
department; and 1314
6. The assignment of communications tower leases to the 1315
department. 1316
(b) The State Agency Law Enforcement Radio System Trust 1317
Fund is established in the department and funded from surcharges 1318
collected under ss. 318.18, 320.0802, and 328.72. Upon 1319
appropriation, moneys in the trust fund may be used by the 1320
department to acquire the equipment, software, and engineering, 1321
administrative, and maintenance services it needs to construct, 1322
operate, and maintain the statewide radio system. Moneys in the 1323
trust fund from surcharges shall be used to help fund the costs 1324
of the system. Upon completion of the system, moneys in the 1325
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trust fund may also be used by the department for payment of the 1326
recurring maintenance costs of the system. 1327
Section 39. The text of s. 282.709(3), Florida Statutes, 1328
as carried forward from chapters 2021 -37, Laws of Florida, by 1329
this act, expires July 1, 2024, and the text of that subsection 1330
shall revert to that in existence on June 1, 2021, except that 1331
any amendments to such text enacted other than by this a ct shall 1332
be preserved and continue to operate to the extent that such 1333
amendments are not dependent upon the portions of text which 1334
expire pursuant to this section. 1335
Section 40. In order to implement appropriations relating 1336
to the purchase of equipment a nd services related to the 1337
Statewide Law Enforcement Radio System (SLERS) as authorized in 1338
the 2023-2024 General Appropriations Act, and notwithstanding s. 1339
287.057, Florida Statutes, state agencies and other eligible 1340
users of the SLERS network may use the Department of Management 1341
Services SLERS contract for purchase of equipment and services. 1342
This section expires July 1, 2024. 1343
Section 41. In order to implement Specific Appropriations 1344
2889 through 2900 of the 2023 -2024 General Appropriations Act, 1345
and notwithstanding rule 60A -1.031, Florida Administrative Code, 1346
the transaction fee as identified in s. 287.057(24)(c), Florida 1347
Statutes, shall be collected for use of the online procurement 1348
system and is 0.7 percent for the 2023 -2024 fiscal year only. 1349
This section expires July 1, 2024. 1350
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Section 42. Effective July 1, 2023, upon the expiration 1351
and reversion of the amendments made to paragraph (i) of 1352
subsection (9) of section 24.105, Florida Statutes, pursuant to 1353
section 18 of chapter 2022 -157, Laws of Florida, and in order to 1354
implement Specific Appropriations 2800 through 2824 of the 2023 -1355
2024 General Appropriations Act, paragraph (i) of subsection (9) 1356
of section 24.105, Florida Statutes, is amended to read: 1357
24.105 Powers and duties of department. —The department 1358
shall: 1359
(9) Adopt rules governing the establishment and operation 1360
of the state lottery, including: 1361
(i) The manner and amount of compensation of retailers , 1362
except for the 2023-2024 fiscal year only, effective July 1, 1363
2023, the commission for Florida L ottery ticket sales shall be 6 1364
percent of the purchase price of each ticket sold or issued as a 1365
prize by a retailer. Any additional retailer compensation is 1366
limited to the Florida Lottery Retailer Bonus Commission program 1367
appropriated in Specific Appropria tion 2820 of the 2023 -2024 1368
General Appropriations Act . 1369
Section 43. The amendment to s. 24.105, Florida Statutes, 1370
made by this act expires July 1, 2024, and the text of that 1371
subsection shall revert to that in existence on June 30, 2023, 1372
except that any amendments to such text enacted other than by 1373
this act shall be preserv ed and continue to operate to the 1374
extent that such amendments are not dependent upon the portions 1375
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of text which expire pursuant to this section. 1376
Section 44. Effective upon becoming law, in order to 1377
implement Specific Appropriations 2441 through 2448 of the 2023-1378
2024 General Appropriations Act, section 717.123, Florida 1379
Statutes, is amended to read: 1380
717.123 Deposit of funds. — 1381
(1) All funds received under this chapter, including the 1382
proceeds from the sale of unclaimed property under s. 717.122, 1383
shall forthwith be deposited by the department in the Unclaimed 1384
Property Trust Fund. The department shall retain, from funds 1385
received under this chapter, an amount not exceeding $65 $15 1386
million from which the department shall make prompt payment of 1387
claims allowed by the department and shall pay the costs 1388
incurred by the department in administering and enforcing this 1389
chapter. All remaining funds received by the department under 1390
this chapter shall be deposited by the department into the State 1391
School Fund. 1392
(2) The department shall record the name and last known 1393
address of each person appearing from the holder's reports to be 1394
entitled to the unclaimed property in the total amounts of $5 or 1395
greater; the name and the last known address of each insured 1396
person or annuitant; and with respect to each policy or contract 1397
listed in the report of an insurance corporation, its number, 1398
the name of the corporation, and the amount due. 1399
Section 45. The amendment to s. 717.123, Florida Statutes, 1400
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made by this act expires July 1, 2 023, and the text of that 1401
subsection shall revert to that in existence on January 1, 2023, 1402
except that any amendments to such text enacted other than by 1403
this act shall be preserved and continue to operate to the 1404
extent that such amendments are not dependen t upon the portions 1405
of text which expire pursuant to this section. 1406
Section 46. (1) In order to implement section 8 of the 1407
2023-2024 General Appropriations Act, beginning July 1, 2023, 1408
and on the first of each month thereafter, the Department of 1409
Management Services shall assess an administrative health 1410
assessment to each state agency equal to the employer's cost of 1411
individual employee health care coverage for each vacant 1412
position within such agency eligible for coverage through the 1413
Division of State Gro up Insurance. As used in this section, the 1414
term "state agency" means an agency within the State Personnel 1415
System, the Department of Lottery, the Justice Administrative 1416
Commission and all entities administratively housed in the 1417
Justice Administrative Commis sion, and the state courts system. 1418
(2) Each state agency shall remit the assessed 1419
administrative health assessment under subsection (1) to the 1420
State Employees Health Insurance Trust Fund, from currently 1421
allocated monies for salaries and benefits, within 30 days of 1422
receipt of the assessment from the Department of Management 1423
Services. Should any state agency become more than 60 days 1424
delinquent in payment of this obligation, the Department of 1425
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Management Services shall certify to the Chief Financial Officer 1426
the amount due and the Chief Financial Officer shall transfer 1427
the amount due to the Department of Management Services. 1428
(3) The administrative health assessment shall not apply 1429
to positions for which funding, or a portion of funding, is paid 1430
for with federal funds. Each state agency shall provide the 1431
Department of Management Services a complete list of position 1432
numbers that are funded, or partially funded, with federal 1433
funding no later than July 31, 2023, and shall update the list 1434
on the last day of each m onth thereafter. For federally funded 1435
positions, or partially funded positions, each state agency 1436
shall immediately take steps to include the administrative 1437
health assessment in their indirect cost plan for 2024 -2025 1438
fiscal year and each year thereafter. A state agency shall 1439
notify the Department of Management Services upon approval of 1440
the updated indirect cost plan. If the state agency is not able 1441
to obtain approval from their federal awarding agency, they must 1442
notify the Department of Management Services no later than 1443
January 16, 2024. 1444
(4) Pursuant to the notice, review, and objection 1445
procedures of s. 216.177, Florida Statutes, the Executive Office 1446
of the Governor may transfer budget authority appropriated in 1447
the Salaries and Benefits appropriation categ ory between 1448
agencies in order to align the appropriations granted with the 1449
assessments that must be paid by each agency to the Department 1450
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of Management Services for the administrative health assessment. 1451
This section expires July 1, 2024. 1452
Section 47. In order to implement specific appropriations 1453
from the land acquisition trust funds within the Department of 1454
Agriculture and Consumer Services, the Department of 1455
Environmental Protection, the Department of State, and the Fish 1456
and Wildlife Conservation Commis sion, which are contained in the 1457
2023-2024 General Appropriations Act, subsection (3) of section 1458
215.18, Florida Statutes, is amended to read: 1459
215.18 Transfers between funds; limitation. — 1460
(3) Notwithstanding subsection (1) and only with respect 1461
to a land acquisition trust fund in the Department of 1462
Agriculture and Consumer Services, the Department of 1463
Environmental Protection, the Department of State, or the Fish 1464
and Wildlife Conservation Commission, whenever there is a 1465
deficiency in a land acquisition tr ust fund which would render 1466
that trust fund temporarily insufficient to meet its just 1467
requirements, including the timely payment of appropriations 1468
from that trust fund, and other trust funds in the State 1469
Treasury have moneys that are for the time being or otherwise in 1470
excess of the amounts necessary to meet the just requirements, 1471
including appropriated obligations, of those other trust funds, 1472
the Governor may order a temporary transfer of moneys from one 1473
or more of the other trust funds to a land acquisitio n trust 1474
fund in the Department of Agriculture and Consumer Services, the 1475
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Department of Environmental Protection, the Department of State, 1476
or the Fish and Wildlife Conservation Commission. Any action 1477
proposed pursuant to this subsection is subject to the no tice, 1478
review, and objection procedures of s. 216.177, and the Governor 1479
shall provide notice of such action at least 7 days before the 1480
effective date of the transfer of trust funds, except that 1481
during July 2023 2022, notice of such action shall be provided 1482
at least 3 days before the effective date of a transfer unless 1483
such 3-day notice is waived by the chair and vice chair of the 1484
Legislative Budget Commission. Any transfer of trust funds to a 1485
land acquisition trust fund in the Department of Agriculture and 1486
Consumer Services, the Department of Environmental Protection, 1487
the Department of State, or the Fish and Wildlife Conservation 1488
Commission must be repaid to the trust funds from which the 1489
moneys were loaned by the end of the 2023-2024 2022-2023 fiscal 1490
year. The Legislature has determined that the repayment of the 1491
other trust fund moneys temporarily loaned to a land acquisition 1492
trust fund in the Department of Agriculture and Consumer 1493
Services, the Department of Environmental Protection, the 1494
Department of State, or the Fish and Wildlife Conservation 1495
Commission pursuant to this subsection is an allowable use of 1496
the moneys in a land acquisition trust fund because the moneys 1497
from other trust funds temporarily loaned to a land acquisition 1498
trust fund shall be expended solely and exclusively in 1499
accordance with s. 28, Art. X of the State Constitution. This 1500
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subsection expires July 1, 2024 2023. 1501
Section 48. (1) In order to implement specific 1502
appropriations from the land acquisition trust funds within the 1503
Department of Agriculture and Consumer Services, the Department 1504
of Environmental Protection, the Department of State, and the 1505
Fish and Wildlife Conservation Commission, which are contained 1506
in the 2023-2024 General Appropriations Act, the Department of 1507
Environmental Protection shall transfer revenues from the Land 1508
Acquisition Trust Fund within the department to the land 1509
acquisition trust funds within the Department of Agriculture and 1510
Consumer Services, the Department of State, and the Fish and 1511
Wildlife Conservation Commi ssion, as provided in this section. 1512
As used in this section, the term "department" means the 1513
Department of Environmental Protection. 1514
(2) After subtracting any required debt service payments, 1515
the proportionate share of revenues to be transferred to each 1516
land acquisition trust fund shall be calculated by dividing the 1517
appropriations from each of the land acquisition trust funds for 1518
the 2023-2024 fiscal year by the total appropriations from the 1519
Land Acquisition Trust Fund within the department and the land 1520
acquisition trust funds within the Department of Agriculture and 1521
Consumer Services, the Department of State, and the Fish and 1522
Wildlife Conservation Commission for the 2023 -2024 fiscal year. 1523
The department shall transfer the proportionate share of the 1524
revenues in the Land Acquisition Trust Fund within the 1525
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department on a monthly basis to the appropriate land 1526
acquisition trust funds within t he Department of Agriculture and 1527
Consumer Services, the Department of State, and the Fish and 1528
Wildlife Conservation Commission and shall retain its 1529
proportionate share of the revenues in the Land Acquisition 1530
Trust Fund within the department. Total distribu tions to a land 1531
acquisition trust fund within the Department of Agriculture and 1532
Consumer Services, the Department of State, and the Fish and 1533
Wildlife Conservation Commission may not exceed the total 1534
appropriations from such trust fund for the 2023 -2024 fiscal 1535
year. 1536
(3) In addition, the department shall transfer from the 1537
Land Acquisition Trust Fund to land acquisition trust funds 1538
within the Department of Agriculture and Consumer Services, the 1539
Department of State, and the Fish and Wildlife Conservation 1540
Commission amounts equal to the difference between the amounts 1541
appropriated in chapter 2022 -156, Laws of Florida, to the 1542
department's Land Acquisition Trust Fund and the other land 1543
acquisition trust funds, and the amounts actually transferred 1544
between those trust funds during the 2022 -2023 fiscal year. 1545
(4) The department may advance funds from the beginning 1546
unobligated fund balance in the Land Acquisition Trust Fund to 1547
the Land Acquisition Trust Fund within the Fish and Wildlife 1548
Conservation Commission needed for cash flow purposes based on a 1549
detailed expenditure plan. The department shall prorate amounts 1550
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transferred quarterly to the Fish and Wildlife Conservation 1551
Commission to recoup the amount of funds advanced by June 30, 1552
2024. 1553
(5) This section expires Jul y 1, 2024. 1554
Section 49. In order to implement appropriations from the 1555
Land Acquisition Trust Fund within the Department of 1556
Environmental Protection in the 2023 -2024 General Appropriations 1557
Act, paragraph (b) of subsection (3) of section 375.041, Florida 1558
Statutes, is amended to read: 1559
375.041 Land Acquisition Trust Fund. — 1560
(3) Funds distributed into the Land Acquisition Trust Fund 1561
pursuant to s. 201.15 shall be applied: 1562
(b) Of the funds remaining after the payments required 1563
under paragraph (a), but bef ore funds may be appropriated, 1564
pledged, or dedicated for other uses: 1565
1. A minimum of the lesser of 25 percent or $200 million 1566
shall be appropriated annually for Everglades projects that 1567
implement the Comprehensive Everglades Restoration Plan as set 1568
forth in s. 373.470, including the Central Everglades Planning 1569
Project subject to Congressional authorization; the Long -Term 1570
Plan as defined in s. 373.4592(2); and the Northern Everglades 1571
and Estuaries Protection Program as set forth in s. 373.4595. 1572
From these funds, $32 million shall be distributed each fiscal 1573
year through the 2023 -2024 fiscal year to the South Florida 1574
Water Management District for the Long -Term Plan as defined in 1575
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s. 373.4592(2). After deducting the $32 million distributed 1576
under this subparagra ph, from the funds remaining, a minimum of 1577
the lesser of 76.5 percent or $100 million shall be appropriated 1578
each fiscal year through the 2025 -2026 fiscal year for the 1579
planning, design, engineering, and construction of the 1580
Comprehensive Everglades Restorati on Plan as set forth in s. 1581
373.470, including the Central Everglades Planning Project, the 1582
Everglades Agricultural Area Storage Reservoir Project, the Lake 1583
Okeechobee Watershed Project, the C -43 West Basin Storage 1584
Reservoir Project, the Indian River Lagoon -South Project, the 1585
Western Everglades Restoration Project, and the Picayune Strand 1586
Restoration Project. The Department of Environmental Protection 1587
and the South Florida Water Management District shall give 1588
preference to those Everglades restoration projec ts that reduce 1589
harmful discharges of water from Lake Okeechobee to the St. 1590
Lucie or Caloosahatchee estuaries in a timely manner. For the 1591
purpose of performing the calculation provided in this 1592
subparagraph, the amount of debt service paid pursuant to 1593
paragraph (a) for bonds issued after July 1, 2016, for the 1594
purposes set forth under this paragraph shall be added to the 1595
amount remaining after the payments required under paragraph 1596
(a). The amount of the distribution calculated shall then be 1597
reduced by an amount equal to the debt service paid pursuant to 1598
paragraph (a) on bonds issued after July 1, 2016, for the 1599
purposes set forth under this subparagraph. 1600
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2. A minimum of the lesser of 7.6 percent or $50 million 1601
shall be appropriated annually for spring restorat ion, 1602
protection, and management projects. For the purpose of 1603
performing the calculation provided in this subparagraph, the 1604
amount of debt service paid pursuant to paragraph (a) for bonds 1605
issued after July 1, 2016, for the purposes set forth under this 1606
paragraph shall be added to the amount remaining after the 1607
payments required under paragraph (a). The amount of the 1608
distribution calculated shall then be reduced by an amount equal 1609
to the debt service paid pursuant to paragraph (a) on bonds 1610
issued after July 1, 2016, for the purposes set forth under this 1611
subparagraph. 1612
3. The sum of $5 million shall be appropriated annually 1613
each fiscal year through the 2025 -2026 fiscal year to the St. 1614
Johns River Water Management District for projects dedicated to 1615
the restoration of Lake Apopka. This distribution shall be 1616
reduced by an amount equal to the debt service paid pursuant to 1617
paragraph (a) on bonds issued after July 1, 2016, for the 1618
purposes set forth in this subparagraph. 1619
4. The sum of $64 million is appropriated an d shall be 1620
transferred to the Everglades Trust Fund for the 2018 -2019 1621
fiscal year, and each fiscal year thereafter, for the EAA 1622
reservoir project pursuant to s. 373.4598. Any funds remaining 1623
in any fiscal year shall be made available only for Phase II of 1624
the C-51 reservoir project or projects identified in 1625
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subparagraph 1. and must be used in accordance with laws 1626
relating to such projects. Any funds made available for such 1627
purposes in a fiscal year are in addition to the amount 1628
appropriated under subparagrap h 1. This distribution shall be 1629
reduced by an amount equal to the debt service paid pursuant to 1630
paragraph (a) on bonds issued after July 1, 2017, for the 1631
purposes set forth in this subparagraph. 1632
5. The sum of $50 million shall be appropriated annually 1633
to the South Florida Water Management District for the Lake 1634
Okeechobee Watershed Restoration Project in accordance with s. 1635
373.4599. This distribution must be reduced by an amount equal 1636
to the debt service paid pursuant to paragraph (a) on bonds 1637
issued after July 1, 2021, for the purposes set forth in this 1638
subparagraph. 1639
6. Notwithstanding subparagraph 3., for the 2023-2024 1640
2022-2023 fiscal year, funds shall be appropriated as provided 1641
in the General Appropriations Act. This subparagraph expires 1642
July 1, 2024 2023. 1643
Section 50. In order to implement Specific Appropriation 1644
1757 of the 2023-2024 General Appropriations Act, and 1645
notwithstanding the expiration date in section 66 of chapter 1646
2022-157, Laws of Florida, paragraph (g) of subsection (15) of 1647
section 376.3071, Florida Statutes, is reenacted to read: 1648
376.3071 Inland Protection Trust Fund; creation; purposes; 1649
funding.— 1650
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(15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES. —The 1651
department shall pay, pursuant to this subsection, up to $10 1652
million each fiscal year from the fund for the costs of labor 1653
and equipment to repair or replace petroleum storage systems 1654
that may have been damaged due to the storage of fuels blended 1655
with ethanol or biodiesel, or for preventive measures to reduce 1656
the potential for such damage. 1657
(g) Payments may not be made for the following: 1658
1. Proposal costs or costs related to preparation of the 1659
application and required documentation; 1660
2. Certified public accountant costs; 1661
3. Except as provided in paragraph (j), any costs in 1662
excess of the amount approved by the department under paragraph 1663
(b) or which are not in substantial compliance with the purchase 1664
order; 1665
4. Costs associated with storage tanks, piping, or 1666
ancillary equipment that has previously been repaired or 1667
replaced for which costs have been paid under this section; 1668
5. Facilities that are not in compliance with department 1669
storage tank rules, until the noncompliance issues have been 1670
resolved; or 1671
6. Costs associated with damage to petroleum storage 1672
systems caused in whole or in part by causes other than the 1673
storage of fuels blended with ethanol or biodiesel. 1674
Section 51. The amendment to s. 376.3071(15)(g), Florida 1675
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Statutes, as carried forward from chapter 2020 -114, Laws of 1676
Florida, by this act, expires July 1, 202 4, and the text of that 1677
paragraph shall revert to that in existence on June 30, 2020, 1678
except that any amendments to such text enacted other than by 1679
this act shall be preserved and continue to operate to the 1680
extent that such amendments are not dependent upo n the portion 1681
of text which expires pursuant to this section. 1682
Section 52. In order to implement Specific Appropriation 1683
1641 of the 2023-2024 General Appropriations Act, paragraph (n) 1684
is added to subsection (3) of section 259.105, Florida Statutes, 1685
to read: 1686
259.105 The Florida Forever Act. — 1687
(3) Less the costs of issuing and the costs of funding 1688
reserve accounts and other costs associated with bonds, the 1689
proceeds of cash payments or bonds issued pursuant to this 1690
section shall be deposited into the Flo rida Forever Trust Fund 1691
created by s. 259.1051. The proceeds shall be distributed by the 1692
Department of Environmental Protection in the following manner: 1693
(n) Notwithstanding paragraphs (a) -(j) and for the 2023 - 1694
2024 fiscal year, the amount of $2,200,000 t o only the Division 1695
of State Lands within the Department of Environmental Protection 1696
for the Board of Trustees Florida Forever Priority List land 1697
acquisition projects. This paragraph expires July 1, 2024. 1698
Section 53. In order to implement appropriation s in 1699
section 95, subsection (22) of section 161.101, Florida 1700
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Statutes, is amended to read: 1701
161.101 State and local participation in authorized 1702
projects and studies relating to beach management and erosion 1703
control.— 1704
(22) Notwithstanding subsections (1), (15), and (16), and 1705
for the 2023-2024 2022-2023 fiscal year, for beaches located in 1706
Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian 1707
River, Lee, Manatee, Martin, Nassau, Palm Beach, St. Johns, St. 1708
Lucie, Sarasota, and Volusia Counties, impacte d by Hurricane Ian 1709
or Hurricane Nicole, the department may waive or reduce the 1710
match requirements for local governments. This subsection 1711
expires July 1, 2024 2023. 1712
Section 54. In order to implement section 96 of the 2023 -1713
2024 General Appropriations Act , section 10 of chapter 2022 -272, 1714
Laws of Florida is amended to read: 1715
Section 10. Hurricane Restoration Reimbursement Grant 1716
Program.— 1717
(1) There is hereby created within the Department of 1718
Environmental Protection the Hurricane Restoration Reimbursemen t 1719
Grant Program for the purpose of providing financial assistance 1720
to mitigate coastal beach erosion for coastal homeowners whose 1721
property was significantly impacted by Hurricane Ian or 1722
Hurricane Nicole in 2022. The department is authorized to 1723
provide financial assistance grants to eligible recipients 1724
located in Brevard, Broward, Charlotte, Collier, Duval, Flagler, 1725
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Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, Saint 1726
Johns, Saint Lucie, Sarasota, and Volusia Counties. 1727
(2) The department may provid e grants to property owners 1728
to mitigate for coastal beach erosion caused by Hurricane Ian or 1729
Hurricane Nicole during 2022. Grant funding may only be used to 1730
reimburse a property owner for construction costs: 1731
(a) Related to sand placement and temporary or permanent 1732
coastal armoring construction projects to mitigate coastal beach 1733
erosion and may not be used for the repair of residential 1734
structures. 1735
(b) Incurred as a result of preparation for or damage 1736
sustained from Hurricane Ian or Hurricane Nicole in 20 22. 1737
(c) Incurred after September 23, 2022. 1738
(d) Related to a project that has been permitted, is 1739
exempt from permitting requirements, or is otherwise authorized 1740
by law. 1741
(3) Financial assistance grants may only be provided to 1742
mitigate damage to propert y located in Brevard, Broward, 1743
Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee, 1744
Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota, 1745
and Volusia Counties that is a: 1746
(a) Residential property that meets the following 1747
requirements: 1748
1. The parcel must be a single -family, site-built, 1749
residential property; and 1750
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2. The homeowner must have been granted a homestead 1751
exemption on the home under chapter 196, Florida Statutes; 1752
(b) Residential condominium, as defined in chapter 718, 1753
Florida Statutes; or 1754
(c) Cooperative, as defined in chapter 719, Florida 1755
Statutes. 1756
(4)(a) The department shall cost -share with $1 provided by 1757
the property owner for every $1 provided by the state with a 1758
maximum of $150,000 in state funding toward the a ctual cost of 1759
an eligible project. The department shall prioritize applicants 1760
who are low-income or moderate-income persons, as defined in s. 1761
420.0004, Florida Statutes. Grants will be awarded to property 1762
owners for eligible projects following the receipt of a 1763
completed application on a first -come, first-served basis until 1764
funding is exhausted. 1765
1. Applications may be submitted beginning February 1, 1766
2023. 1767
2. Applicants must include evidence that the project meets 1768
the criteria in subsections (2) and (3). 1769
(b) If the department determines that an application meets 1770
the requirements of this section, the department shall enter 1771
into a cost-share grant agreement with the applicant consistent 1772
with this section. 1773
(c) The department shall disburse grant funds on a 1774
reimbursement basis. In order to receive reimbursement, property 1775
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owners must submit, at a minimum: 1776
1. If applicable, the permit issued under chapter 161, 1777
Florida Statutes, or applicable statute, and evidence that the 1778
project complies with all permittin g requirements. 1779
2. All invoices and payment receipts for eligible 1780
projects. 1781
3. If applicable, documentation that the eligible project 1782
was completed by a licensed professional or contractor. 1783
(5) No later than January 31, 2023, the department shall 1784
adopt emergency rules prescribing the procedures, 1785
administration, and criteria for approving the applications for 1786
the Hurricane Restoration Reimbursement Grant Program. The 1787
department is authorized, and all conditions are deemed met, to 1788
adopt emergency rules under ss. 120.536(1) and 120.54(4), 1789
Florida Statutes, to implement this section. The Legislature 1790
finds that such emergency rulemaking authority is necessary to 1791
address critical shoreline erosion which may result in the loss 1792
of property by homeowners in tho se areas of the state that 1793
sustained damage due to Hurricane Ian or Hurricane Nicole during 1794
2022. Such rules shall remain effective for 6 months after the 1795
date of adoption. 1796
(6) This section expires July 1, 2024 2023. 1797
Section 55. In order to implement Specific Appropriation 1798
2722 of the 2023-2024 General Appropriations Act, paragraph (b) 1799
of subsection (3) and subsection (5) of section 321.04, Florida 1800
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Statutes, are amended to read: 1801
321.04 Personnel of the highway patrol; rank 1802
classifications; probation ary status of new patrol officers; 1803
subsistence; special assignments. — 1804
(3) 1805
(b) For the 2023-2024 2022-2023 fiscal year only, upon the 1806
request of the Governor, the Department of Highway Safety and 1807
Motor Vehicles shall assign one or more patrol officers to the 1808
office of the Lieutenant Governor for security services. This 1809
paragraph expires July 1, 2024 2023. 1810
(5) For the 2023-2024 2022-2023 fiscal year only, the 1811
assignment of a patrol officer by the department shall include a 1812
Cabinet member specified in s. 4, Art. IV of the State 1813
Constitution if deemed appropriate by the department or in 1814
response to a threat and upon written request of such Cabinet 1815
member. This subsection expires July 1, 2024 2023. 1816
Section 56. In order to implement section 131 of the 202 3-1817
2024 General Appropriations Act, subsection (3) of section 1818
288.80125, Florida Statutes, is amended to read: 1819
288.80125 Triumph Gulf Coast Trust Fund. — 1820
(3) For the 2023-2024 2022-2023 fiscal year, funds shall 1821
be used for the Rebuild Florida Revolving L oan Fund program to 1822
provide assistance to businesses impacted by Hurricane Michael 1823
as provided in the General Appropriations Act. This subsection 1824
expires July 1, 2024 2023. 1825
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Section 57. In order to implement section 152 of the 2023 -1826
2024 General Appropri ations Act, subsection (4) of section 1827
339.08, Florida Statutes, is amended to read: 1828
339.08 Use of moneys in State Transportation Trust Fund. — 1829
(4) Notwithstanding any other law, and for the 2023-2024 1830
2022-2023 fiscal year only, funds are appropriated to the State 1831
Transportation Trust Fund from the General Revenue Fund as 1832
provided in the General Appropriations Act. The department is 1833
not required to deplete the resources transferred from the 1834
General Revenue Fund for the fiscal year as required in s. 1835
339.135(3)(b), and the funds may not be used in calculating the 1836
required quarterly cash balance of the trust fund as required in 1837
s. 339.135(6)(b). The department shall track and account for 1838
such appropriated funds as a separate funding source for 1839
eligible projects on the State Highway System and grants to 1840
Florida ports. This subsection expires July 1, 2024 2023. 1841
Section 58. In order to implement Specific Appropriations 1842
1992 through 2005, 2015, 2016, 2024 through 2027, 2031 through 1843
2035, 2037 through 2045, and 2080 through 2093 of the 2023 -2024 1844
General Appropriations Act, paragraph (h) of subsection (7) of 1845
section 339.135, Florida Statutes, is amended to read: 1846
339.135 Work program; legislative budget request; 1847
definitions; preparation, adoption, execution, and amendment.— 1848
(7) AMENDMENT OF THE ADOPTED WORK PROGRAM. — 1849
(h)1. Any work program amendment that also adds a new 1850
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project, or phase thereof, to the adopted work program in excess 1851
of $3 million is subject to approval by the Legislative Budget 1852
Commission. Any work program amendment submitted under this 1853
paragraph must include, as supplemental information, a list of 1854
projects, or phases thereof, in the current 5 -year adopted work 1855
program which are eligible for the funds within the 1856
appropriation category being u sed for the proposed amendment. 1857
The department shall provide a narrative with the rationale for 1858
not advancing an existing project, or phase thereof, in lieu of 1859
the proposed amendment. 1860
2. If the department submits an amendment to the 1861
Legislative Budget Co mmission and the commission does not meet 1862
or consider the amendment within 30 days after its submittal, 1863
the chair and vice chair of the commission may authorize the 1864
amendment to be approved pursuant to s. 216.177. This 1865
subparagraph expires July 1, 2024 2023. 1866
Section 59. In order to implement Specific Appropriations 1867
2687 through 2696 of the 2023 -2024 General Appropriations Act, 1868
and notwithstanding ss. 216.181 and 216.292, Florida Statutes, 1869
the Division of Emergency Management may submit budget 1870
amendments, subject to the notice, review, and objection 1871
procedures of s. 216.177, Florida Statutes, to increase budget 1872
authority for projected expenditures due to reimbursements from 1873
federally declared disasters. This section expires July 1, 2024. 1874
Section 60. In order to implement Specific Appropriation 1875
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2654 of the 2023-2024 General Appropriations Act, paragraph (d) 1876
of subsection (4) of section 112.061, Florida Statutes, is 1877
amended to read: 1878
112.061 Per diem and travel expenses of public officers, 1879
employees, and authorized persons; statewide travel management 1880
system.— 1881
(4) OFFICIAL HEADQUARTERS. —The official headquarters of an 1882
officer or employee assigned to an office shall be the city or 1883
town in which the office is located except that: 1884
(d) A Lieutenant Governor who permanently resides outside 1885
of Leon County, may, if he or she so requests, have an 1886
appropriate facility in his or her county designated as his or 1887
her official headquarters for purposes of this section. This 1888
official headquarters may o nly serve as the Lieutenant 1889
Governor's personal office. The Lieutenant Governor may not use 1890
state funds to lease space in any facility for his or her 1891
official headquarters. 1892
1. A Lieutenant Governor for whom an official headquarters 1893
is established in his or her county of residence pursuant to 1894
this paragraph is eligible for subsistence at a rate to be 1895
established by the Governor for each day or partial day that the 1896
Lieutenant Governor is at the State Capitol to conduct official 1897
state business. In addition t o the subsistence allowance, a 1898
Lieutenant Governor is eligible for reimbursement for 1899
transportation expenses as provided in subsection (7) for travel 1900
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between the Lieutenant Governor's official headquarters and the 1901
State Capitol to conduct state business. 1902
2. Payment of subsistence and reimbursement for 1903
transportation between a Lieutenant Governor's official 1904
headquarters and the State Capitol shall be made to the extent 1905
appropriated funds are available, as determined by the Governor. 1906
3. This paragraph exp ires July 1, 2024 2023. 1907
Section 61. In order to implement Specific Appropriations 1908
2787 and 2788 of the 2023 -2024 General Appropriations Act, and 1909
notwithstanding s. 11.13(1), Florida Statutes, the authorized 1910
salaries for members of the Legislature for t he 2023-2024 fiscal 1911
year shall be set at the same level in effect on July 1, 2010. 1912
This section expires July 1, 2024. 1913
Section 62. In order to implement the transfer of funds 1914
from the General Revenue Fund from trust funds for the 2023 -2024 1915
General Appropriations Act, paragraph (b) of subsection (2) of 1916
section 215.32, Florida Statutes, is reenacted to read: 1917
215.32 State funds; segregation. — 1918
(2) The source and use of each of these funds shall be as 1919
follows: 1920
(b)1. The trust funds shall consist of mone ys received by 1921
the state which under law or under trust agreement are 1922
segregated for a purpose authorized by law. The state agency or 1923
branch of state government receiving or collecting such moneys 1924
is responsible for their proper expenditure as provided by law. 1925
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Upon the request of the state agency or branch of state 1926
government responsible for the administration of the trust fund, 1927
the Chief Financial Officer may establish accounts within the 1928
trust fund at a level considered necessary for proper 1929
accountability. Once an account is established, the Chief 1930
Financial Officer may authorize payment from that account only 1931
upon determining that there is sufficient cash and releases at 1932
the level of the account. 1933
2. In addition to other trust funds created by law, to the 1934
extent possible, each agency shall use the following trust funds 1935
as described in this subparagraph for day -to-day operations: 1936
a. Operations or operating trust fund, for use as a 1937
depository for funds to be used for program operations funded by 1938
program revenues, with the exception of administrative 1939
activities when the operations or operating trust fund is a 1940
proprietary fund. 1941
b. Operations and maintenance trust fund, for use as a 1942
depository for client services funded by third -party payors. 1943
c. Administrative trust fund, for use as a depository for 1944
funds to be used for management activities that are departmental 1945
in nature and funded by indirect cost earnings and assessments 1946
against trust funds. Proprietary funds are excluded from the 1947
requirement of using a n administrative trust fund. 1948
d. Grants and donations trust fund, for use as a 1949
depository for funds to be used for allowable grant or donor 1950
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agreement activities funded by restricted contractual revenue 1951
from private and public nonfederal sources. 1952
e. Agency working capital trust fund, for use as a 1953
depository for funds to be used pursuant to s. 216.272. 1954
f. Clearing funds trust fund, for use as a depository for 1955
funds to account for collections pending distribution to lawful 1956
recipients. 1957
g. Federal grant trust fund, for use as a depository for 1958
funds to be used for allowable grant activities funded by 1959
restricted program revenues from federal sources. 1960
1961
To the extent possible, each agency must adjust its internal 1962
accounting to use existing trust funds consiste nt with the 1963
requirements of this subparagraph. If an agency does not have 1964
trust funds listed in this subparagraph and cannot make such 1965
adjustment, the agency must recommend the creation of the 1966
necessary trust funds to the Legislature no later than the next 1967
scheduled review of the agency's trust funds pursuant to s. 1968
215.3206. 1969
3. All such moneys are hereby appropriated to be expended 1970
in accordance with the law or trust agreement under which they 1971
were received, subject always to the provisions of chapter 216 1972
relating to the appropriation of funds and to the applicable 1973
laws relating to the deposit or expenditure of moneys in the 1974
State Treasury. 1975
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4.a. Notwithstanding any provision of law restricting the 1976
use of trust funds to specific purposes, unappropriated c ash 1977
balances from selected trust funds may be authorized by the 1978
Legislature for transfer to the Budget Stabilization Fund and 1979
General Revenue Fund in the General Appropriations Act. 1980
b. This subparagraph does not apply to trust funds 1981
required by federal p rograms or mandates; trust funds 1982
established for bond covenants, indentures, or resolutions whose 1983
revenues are legally pledged by the state or public body to meet 1984
debt service or other financial requirements of any debt 1985
obligations of the state or any publ ic body; the Division of 1986
Licensing Trust Fund in the Department of Agriculture and 1987
Consumer Services; the State Transportation Trust Fund; the 1988
trust fund containing the net annual proceeds from the Florida 1989
Education Lotteries; the Florida Retirement System Trust Fund; 1990
trust funds under the management of the State Board of Education 1991
or the Board of Governors of the State University System, where 1992
such trust funds are for auxiliary enterprises, self -insurance, 1993
and contracts, grants, and donations, as those ter ms are defined 1994
by general law; trust funds that serve as clearing funds or 1995
accounts for the Chief Financial Officer or state agencies; 1996
trust funds that account for assets held by the state in a 1997
trustee capacity as an agent or fiduciary for individuals, 1998
private organizations, or other governmental units; and other 1999
trust funds authorized by the State Constitution. 2000
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Section 63. The text of s. 215.32(2)(b), Florida Statutes, 2001
as carried forward from chapter 2011 -47, Laws of Florida, by 2002
this act, expires July 1, 2024, and the text of that paragraph 2003
shall revert to that in existence on June 30, 2011, except that 2004
any amendments to such text enacted other than by this act shall 2005
be preserved and continue to operate to the extent that such 2006
amendments are not depende nt upon the portions of text which 2007
expire pursuant to this section. 2008
Section 64. In order to implement appropriations in the 2009
2023-2024 General Appropriations Act for state employee travel, 2010
the funds appropriated to each state agency which may be used 2011
for travel by state employees are limited during the 2023 -2024 2012
fiscal year to travel for activities that are critical to each 2013
state agency's mission. Funds may not be used for travel by 2014
state employees to foreign countries, other states, conferences, 2015
staff training activities, or other administrative functions 2016
unless the agency head has approved, in writing, that such 2017
activities are critical to the agency's mission. The agency head 2018
shall consider using teleconferencing and other forms of 2019
electronic communicat ion to meet the needs of the proposed 2020
activity before approving mission -critical travel. This section 2021
does not apply to travel for law enforcement purposes, military 2022
purposes, emergency management activities, or public health 2023
activities. This section expir es July 1, 2024. 2024
Section 65. In order to implement appropriations in the 2025
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2023-2024 General Appropriations Act for state employee travel 2026
and notwithstanding s. 112.061, Florida Statutes, costs for 2027
lodging associated with a meeting, conference, or conven tion 2028
organized or sponsored in whole or in part by a state agency or 2029
the judicial branch may not exceed $225 per day. An employee may 2030
expend his or her own funds for any lodging expenses in excess 2031
of $225 per day. For purposes of this section, a meeting do es 2032
not include travel activities for conducting an audit, 2033
examination, inspection, or investigation or travel activities 2034
related to a litigation or emergency response. This section 2035
expires July 1, 2024. 2036
Section 66. In order to implement the appropriati ons and 2037
reappropriations authorized in the 2023 -2024 General 2038
Appropriations Act, paragraph (d) of subsection (11) of section 2039
216.181, Florida Statutes, is amended, to read: 2040
216.181 Approved budgets for operations and fixed capital 2041
outlay.— 2042
(11) 2043
(d) Notwithstanding paragraph (b) and paragraph (2)(b), 2044
and for the 2023-2024 2022-2023 fiscal year only, the 2045
Legislative Budget Commission may approve budget amendments for 2046
new fixed capital outlay projects or increase the amounts 2047
appropriated to state a gencies for fixed capital outlay 2048
projects. This paragraph expires July 1, 2024 2023. 2049
2050
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The provisions of this subsection are subject to the notice and 2051
objection procedures set forth in s. 216.177. 2052
Section 67. In order to implement Specific Appropriation 2053
2792 of the 2023-2024 General Appropriations Act, subsection (4) 2054
of section 350.0614, Florida Statutes, is amended to read: 2055
350.0614 Public Counsel; compensation and expenses. — 2056
(4) Notwithstanding subsection (1), the operating budget, 2057
as approved jointly by the President of the Senate and the 2058
Speaker of the House of Representatives from the moneys 2059
appropriated to the Public Counsel by the Legislature, 2060
constitutes the allocation under which the Public Counsel will 2061
manage the duties of his or her office. The Public Counsel: 2062
(a) Shall submit an annual budget request to the 2063
Legislature in the format, detail, and schedule determined by 2064
the President of the Senate and the Speaker of the House of 2065
Representatives. 2066
(b) May employ technical and clerical perso nnel and retain 2067
additional counsel and experts, including expert witnesses. In 2068
employing such personnel, retaining additional counsel and 2069
experts, and exercising all other administrative duties of the 2070
office, the Public Counsel must follow applicable provi sions of 2071
the most recent version of the Joint Policies and Procedures of 2072
the Presiding Officers. Any guidance for administrative issues 2073
not addressed by the Joint Policies and Procedures of the 2074
Presiding Officers requires consultation and joint agreement o f 2075
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the President of the Senate and the Speaker of the House of 2076
Representatives. 2077
2078
This subsection expires July 1, 2024 2023. 2079
Section 68. In order to implement the salaries and 2080
benefits, expenses, other personal services, contracted 2081
services, special cate gories, and operating capital outlay 2082
categories of the 2023 -2024 General Appropriations Act, 2083
paragraph (a) of subsection (2) of section 216.292, Florida 2084
Statutes, is amended to read: 2085
216.292 Appropriations nontransferable; exceptions. — 2086
(2) The following transfers are authorized to be made by 2087
the head of each department or the Chief Justice of the Supreme 2088
Court whenever it is deemed necessary by reason of changed 2089
conditions: 2090
(a) The transfer of appropriations funded from identical 2091
funding sources, exce pt appropriations for fixed capital outlay, 2092
and the transfer of amounts included within the total original 2093
approved budget and plans of releases of appropriations as 2094
furnished pursuant to ss. 216.181 and 216.192, as follows: 2095
1. Between categories of appr opriations within a budget 2096
entity, if no category of appropriation is increased or 2097
decreased by more than 5 percent of the original approved budget 2098
or $250,000, whichever is greater, by all action taken under 2099
this subsection. 2100
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2. Between budget entities w ithin identical categories of 2101
appropriations, if no category of appropriation is increased or 2102
decreased by more than 5 percent of the original approved budget 2103
or $250,000, whichever is greater, by all action taken under 2104
this subsection. 2105
3. Any agency exceeding salary rate established pursuant 2106
to s. 216.181(8) on June 30th of any fiscal year shall not be 2107
authorized to make transfers pursuant to subparagraphs 1. and 2. 2108
in the subsequent fiscal year. 2109
4. Notice of proposed transfers under subparagraphs 1. a nd 2110
2. shall be provided to the Executive Office of the Governor and 2111
the chairs of the legislative appropriations committees at least 2112
3 days prior to agency implementation in order to provide an 2113
opportunity for review. The review shall be limited to ensurin g 2114
that the transfer is in compliance with the requirements of this 2115
paragraph. 2116
5. For the 2023-2024 fiscal year, the review shall ensure 2117
that transfers proposed pursuant to this paragraph comply with 2118
this chapter, maximize the use of available and appropr iate 2119
trust funds, and are not contrary to legislative policy and 2120
intent. This subparagraph expires July 1, 2024. 2121
Section 69. Any section of this act which implements a 2122
specific appropriation or specifically identified proviso 2123
language in the 2023 -2024 General Appropriations Act is void if 2124
the specific appropriation or specifically identified proviso 2125
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language is vetoed. Any section of this act which implements 2126
more than one specific appropriation or more than one portion of 2127
specifically identified provis o language in the 2023 -2024 2128
General Appropriations Act is void if all the specific 2129
appropriations or portions of specifically identified proviso 2130
language are vetoed. 2131
Section 70. If any other act passed during the 2023 2132
Regular Session of the Legislature contains a provision that is 2133
substantively the same as a provision in this act, but that 2134
removes or is otherwise not subject to the future repeal applied 2135
to such provision by this act, the Legislature intends that the 2136
provision in the other act takes prec edence and continues to 2137
operate, notwithstanding the future repeal provided by this act. 2138
Section 71. If any provision of this act or its 2139
application to any person or circumstance is held invalid, the 2140
invalidity does not affect other provisions or appli cations of 2141
the act which can be given effect without the invalid provision 2142
or application, and to this end the provisions of this act are 2143
severable. 2144
Section 72. Except as otherwise expressly provided in this 2145
act and except for this section, which shall take effect upon 2146
this act becoming a law, this act shall take effect July 1, 2147
2023, or, if this act fails to become a law until after that 2148
date, it shall take effect upon becoming a law and shall operate 2149
retroactively to July 1, 2023. 2150