Florida Senate Bill S2502 Introduced / Bill

 Florida Senate - 2023 SB 2502  By the Committee on Appropriations 576-03187-23 20232502__ 1 A bill to be entitled 2 An act implementing the 2023-2024 General 3 Appropriations Act; providing legislative intent; 4 incorporating by reference certain calculations of the 5 Florida Education Finance Program; providing that 6 funds for instructional materials must be released and 7 expended as required in the General Appropriations 8 Act; amending s. 1013.62, F.S.; extending for 1 fiscal 9 year specified charter school capital outlay funding 10 provisions; providing for the future expiration and 11 reversion of specified statutory text; amending s. 12 1011.62, F.S.; extending for 1 fiscal year 13 authorization for the Legislature to provide a funding 14 compression and hold harmless allocation; modifying 15 the manner of prorating appropriations made under the 16 funding compression and hold harmless allocation; 17 revising district school board authorizations relating 18 to categorical funds; providing for the future 19 expiration and reversion of specified statutory text; 20 reenacting s. 1001.26(1), F.S., relating to the public 21 broadcasting program system; providing for the future 22 expiration and reversion of specified statutory text; 23 amending s. 1002.45, F.S.; revising the limitation on 24 enrollment of full-time equivalent virtual students 25 residing outside of school districts; providing for 26 the future expiration and reversion of specified 27 statutory text; amending s. 1011.62, F.S.; revising 28 the cost factor for secondary career education 29 programs; providing for the future expiration and 30 reversion of specified statutory text; amending s. 31 1002.995, F.S.; requiring the Department of Education 32 to provide incentives to school readiness personnel in 33 a specified fiscal year who meet certain requirements; 34 amending s. 1001.42, F.S.; authorizing school 35 districts to adopt specified salary incentives and 36 other strategies under certain circumstances; 37 specifying that certain salary incentives and 38 strategies are not subject to collective bargaining 39 requirements; providing for the future expiration and 40 reversion of specified statutory text; amending s. 41 1009.895, F.S.; deleting definitions; requiring the 42 Open Door Grant Program to be administered by 43 specified entities; providing eligibility 44 requirements; providing what the grant award may 45 cover; providing requirements for the distribution of 46 funds; requiring institutions to make specified 47 reports to the Department of Education; deleting the 48 requirement to distribute a specified grant in certain 49 ratios; providing for the future expiration and 50 reversion of specified statutory text; amending s. 51 1011.62, F.S.; authorizing certain funding in a 52 specified fiscal year to be used to provide salary 53 increases to specified personnel; creating s. 54 1011.687, F.S.; requiring the Education Estimating 55 Conference to include specified forecasts relating to 56 the K-12 scholarship programs; requiring the 57 Department of Education to report certain students in 58 support of the conference; specifying that a school 59 district is not required to report students who are 60 receiving a scholarship under the scholarship 61 programs; providing for the calculation of scholarship 62 awards; establishing the K-12 Education Scholarship 63 Program Allocation; providing requirements relating to 64 funds for the allocation; authorizing the Agency for 65 Health Care Administration, in consultation with the 66 Department of Health, to submit a budget amendment to 67 realign funding for specified purposes; specifying 68 requirements for such realignment; authorizing the 69 agency to request nonoperating budget authority for 70 transferring certain federal funds to the Department 71 of Health; authorizing the Agency for Health Care 72 Administration to submit a budget amendment to realign 73 Medicaid funding for specified purposes, subject to 74 certain limitations; authorizing the Agency for Health 75 Care Administration and the Department of Health to 76 each submit a budget amendment to realign funding 77 within the Florida Kidcare program appropriation 78 categories or increase budget authority for certain 79 purposes; specifying the time period within which each 80 budget amendment must be submitted; amending s. 81 381.986, F.S.; extending for 1 fiscal year the 82 exemption of certain rules pertaining to the medical 83 use of marijuana from certain rulemaking requirements; 84 amending s. 14, chapter 2017-232, Laws of Florida; 85 exempting certain rules pertaining to medical 86 marijuana adopted to replace emergency rules from 87 specified rulemaking requirements; providing for the 88 future expiration and reversion of specified law; 89 authorizing the Agency for Health Care Administration 90 to submit budget amendments seeking additional 91 spending authority to implement specified programs; 92 requiring institutions participating in a specified 93 workforce expansion and education program to provide 94 quarterly reports to the agency; authorizing the 95 agency to submit a budget amendment seeking additional 96 spending authority to implement the Low Income Pool 97 component of the Florida Managed Medical Assistance 98 Demonstration; requiring a signed attestation and 99 acknowledgment for entities relating to the Low Income 100 Pool; authorizing the Department of Children and 101 Families to submit a budget amendment to realign 102 funding within the specified areas of the department 103 based on implementation for the Guardianship 104 Assistance Program; authorizing the Department of 105 Children and Families to submit a budget amendment to 106 realign funding within the Family Safety Program for 107 specified purposes; authorizing the Department of 108 Children and Families, Department of Health, and 109 Agency for Health Care Administration to submit budget 110 amendments to increase budget authority to support 111 certain refugee programs; requiring the Department of 112 Children and Families to submit quarterly reports to 113 the Executive Office of the Governor and the 114 Legislature; requiring certain sheriffs offices to 115 transfer child protective investigation services to 116 the Department of Children and Families; authorizing 117 the Department of Children and Families to submit 118 budget amendments to realign funding within the Family 119 Safety program for specified purposes; authorizing the 120 Department of Children and Families to submit budget 121 amendments to increase budget authority to support 122 specified federal grant programs; authorizing the 123 Department of Health to submit a budget amendment to 124 increase budget authority for the Supplemental 125 Nutrition Program for Women, Infants, and Children 126 (WIC) and the Child Care Food Program if a certain 127 condition is met; authorizing the Department of Health 128 to submit a budget amendment to increase budget 129 authority for the HIV/AIDS Prevention and Treatment 130 Program if a certain condition is met; authorizing the 131 Department of Health to submit a budget amendment to 132 increase budget authority for the department if 133 additional federal revenues specific to COVID-19 134 relief funds become available; requiring the Agency 135 for Health Care Administration to replace the Florida 136 Medicaid Management Information System (FMMIS) and 137 fiscal agent operations with a specified new system; 138 specifying items that may not be included in the new 139 system; providing directives to the agency related to 140 the new system, the Florida Health Care Connection 141 (FX) system; requiring the agency to meet certain 142 requirements in replacing FMMIS and the current 143 Medicaid fiscal agent; requiring the agency to 144 implement a project governance structure that includes 145 an executive steering committee; providing procedures 146 for use by the executive steering committee; providing 147 responsibilities of the executive steering committee; 148 requiring the agency, in consultation with the 149 Department of Health, the Agency for Persons with 150 Disabilities, the Department of Children and Families, 151 and the Department of Corrections, to competitively 152 procure a contract with a vendor to negotiate prices 153 for certain prescribed drugs and biological products; 154 providing requirements for such contract; authorizing 155 the Agency for Persons with Disabilities to submit 156 budget amendments to transfer funding from the 157 Salaries and Benefits appropriation categories for a 158 specified purpose; requiring the Department of Health 159 to exclude a specific amount of money from the General 160 Revenue Fund when calculating the allocation of funds 161 to certain cancer centers under a specified law; 162 requiring the department to distribute the excluded 163 funds to certain cancer centers using a specified 164 methodology; amending s. 216.262, F.S.; extending for 165 1 fiscal year the authority of the Department of 166 Corrections to submit a budget amendment for 167 additional positions and appropriations under certain 168 circumstances; requiring review and approval by the 169 Legislative Budget Commission; amending s. 215.18, 170 F.S.; extending for 1 fiscal year the authority and 171 related repayment requirements for temporary trust 172 fund loans to the state court system which are 173 sufficient to meet the systems appropriation; 174 requiring the Department of Juvenile Justice to review 175 county juvenile detention payments to determine 176 whether a county has met specified financial 177 responsibilities; requiring amounts owed by the county 178 for such financial responsibilities to be deducted 179 from certain county funds; requiring the Department of 180 Revenue to transfer withheld funds to a specified 181 trust fund; requiring the Department of Revenue to 182 ensure that such reductions in amounts distributed do 183 not reduce distributions below amounts necessary for 184 certain payments due on bonds and to comply with bond 185 covenants; requiring the Department of Revenue to 186 notify the Department of Juvenile Justice if bond 187 payment requirements mandate a reduction in deductions 188 for amounts owed by a county; reenacting s. 27.40(1), 189 (2)(a), (3)(a), (5), (6), and (7), F.S., relating to 190 court-appointed counsel; extending for 1 fiscal year 191 provisions governing the appointment of court 192 appointed counsel; providing for the future expiration 193 and reversion of specified statutory text; reenacting 194 and amending s. 27.5304, F.S.; revising compensation 195 limits for representation pursuant to a court 196 appointment for specified proceedings; extending for 1 197 fiscal year limitations on compensation for 198 representation in criminal proceedings; providing for 199 the future expiration and reversion of specified 200 statutory text; requiring the Department of Management 201 Services to use tenant broker services to renegotiate 202 or reprocure certain private lease agreements for 203 office or storage space; requiring the Department of 204 Management Services to provide a report to the 205 Governor and the Legislature by a specified date; 206 prohibiting an agency from transferring funds from a 207 data processing category to another category that is 208 not a data processing category; authorizing the 209 Executive Office of the Governor to transfer funds 210 between departments for purposes of aligning amounts 211 paid for risk management insurance and for human 212 resources services purchased per statewide contract; 213 authorizing the Department of Management Services to 214 use a specified percentage of facility disposition 215 funds to offset relocation expenses; authorizing the 216 Department of Management Services to use certain 217 facility disposition funds from the Architects 218 Incidental Trust Fund to pay for certain relocation 219 expenses; authorizing the Department of Management 220 Services to submit budget amendments for certain 221 purposes related to the relocation; requiring the 222 Department of Financial Services to replace specified 223 components of the Florida Accounting Information 224 Resource Subsystem (FLAIR) and the Cash Management 225 Subsystem (CMS); specifying certain actions to be 226 taken by the Department of Financial Services 227 regarding FLAIR and CMS replacement; providing for the 228 composition of an executive steering committee to 229 oversee FLAIR and CMS replacement; prescribing duties 230 and responsibilities of the executive steering 231 committee; reenacting s. 282.709(3), F.S., relating to 232 the state agency law enforcement radio system and 233 interoperability network; providing for future 234 expiration and reversion of specified statutory text; 235 authorizing state agencies and other eligible users of 236 the Statewide Law Enforcement Radio System to use the 237 Department of Management Services contract to purchase 238 equipment and services; requiring a specified 239 transaction fee percentage for use of the online 240 procurement system; amending s. 24.105, F.S.; 241 specifying how Department of the Lottery rules are to 242 be adopted, except certain rules for 1 fiscal year 243 regarding the commission for lottery ticket sales; 244 limiting additional retailer compensation in a 245 specified manner; providing for the future expiration 246 and reversion of specified statutory text; amending s. 247 717.123, F.S.; requiring the Department of Financial 248 Services to retain certain funds relating to unclaimed 249 property and make specified payments; authorizing the 250 Department of Revenue to use the unexpended balance of 251 specified funds as provided in the General 252 Appropriations Act; specifying that taxpayers filing a 253 claim for a specified refund are not entitled to 254 interest on the amount refunded; amending s. 627.351, 255 F.S.; authorizing the Citizens Property Insurance 256 Corporation to adopt certain policy forms; authorizing 257 the corporation to contract with the Division of 258 Administrative Hearings to conduct certain proceedings 259 and resolve specified disputes; amending s. 215.18, 260 F.S.; extending for 1 fiscal year the authority of the 261 Governor, if there is a specified temporary deficiency 262 in a land acquisition trust fund in the Department of 263 Agriculture and Consumer Services, the Department of 264 Environmental Protection, the Department of State, or 265 the Fish and Wildlife Conservation Commission, to 266 transfer funds from other trust funds in the State 267 Treasury as a temporary loan to such trust fund; 268 providing a deadline for the repayment of a temporary 269 loan; requiring the Department of Environmental 270 Protection to transfer designated proportions of the 271 revenues deposited in the Land Acquisition Trust Fund 272 within the department to land acquisition trust funds 273 in the Department of Agriculture and Consumer 274 Services, the Department of State, and the Fish and 275 Wildlife Conservation Commission according to 276 specified parameters and calculations; defining the 277 term department; requiring the Department of 278 Environmental Protection to make transfers to land 279 acquisition trust funds monthly; specifying the method 280 of determining transfer amounts; authorizing the 281 Department of Environmental Protection to advance 282 funds from its land acquisition trust fund to the Fish 283 and Wildlife Conservation Commissions land 284 acquisition trust fund for specified purposes; 285 amending s. 259.105, F.S.; providing for the 286 distribution of proceeds from the Florida Forever 287 Trust Fund for the 2023-2024 fiscal year; reenacting 288 s. 570.93(1)(a), F.S., relating to the agricultural 289 water conservation program of the Department of 290 Agriculture and Consumer Services; extending for 1 291 fiscal year provisions governing administration of a 292 cost-share program; providing for the future 293 expiration and reversion of specified statutory text; 294 reenacting s. 376.3071(15)(g), F.S., relating to the 295 Inland Protection Trust Fund; exempting specified 296 costs incurred by certain petroleum storage system 297 owners or operators during a specified period from the 298 prohibition against making payments in excess of 299 amounts approved by the Department of Environmental 300 Protection; providing for the future expiration and 301 reversion of specified statutory text; exempting the 302 Department of Environmental Protection from the 303 competitive procurement requirements for certain 304 commodities or contractual services in order to 305 expedite the closure of the Piney Point facility 306 located in Manatee County; authorizing the Department 307 of Agriculture and Consumer Services to reorganize 308 departmental units without specified approval; 309 requiring the Department of Citrus to enter into 310 agreements to expedite the increased production of 311 disease free citrus trees and commercialize certain 312 technologies; specifying a timeframe for entering into 313 such agreements; requiring a specified certification; 314 amending s. 321.04, F.S.; extending for 1 fiscal year 315 the requirement that the Department of Highway Safety 316 and Motor Vehicles assign one or more patrol officers 317 to the office of Lieutenant Governor for security 318 purposes, upon request of the Governor; extending for 319 1 fiscal year the requirement that the Department of 320 Highway Safety and Motor Vehicles assign a patrol 321 officer to a Cabinet member under certain 322 circumstances; amending s. 288.80125, F.S.; extending 323 for 1 fiscal year a requirement that funds in the 324 Triumph Gulf Coast Trust Fund be related to Hurricane 325 Michael recovery; amending s. 288.8013, F.S.; 326 authorizing earnings and interest generated by the 327 Triumph Gulf Coast Trust Fund to be retained and used 328 to make specified awards; providing for the future 329 expiration and reversion of specified statutory text; 330 amending s. 339.08, F.S.; appropriating funds to the 331 State Transportation Trust Fund from the General 332 Revenue Fund or the Discretionary Sales Surtax 333 Clearing Trust Fund as appropriated in the General 334 Appropriations Act; requiring the Department of 335 Transportation to track and account for such funds in 336 a specified manner; amending s. 339.135, F.S.; 337 extending by 1 fiscal year the authority for the chair 338 and vice chair of the Legislative Budget Commission to 339 approve certain work program amendments under 340 specified circumstances; amending s. 338.165, F.S.; 341 extending for 1 fiscal year a prohibition on adjusting 342 toll rates for inflation; creating s. 250.245, F.S.; 343 establishing the Florida National Guard Joint 344 Enlistment Enhancement Program within the Department 345 of Military Affairs; providing the purpose of the 346 program; defining the term recruiting assistant; 347 providing eligibility requirements for participation 348 in the program; requiring the Adjutant General to 349 provide specified compensation to recruiting 350 assistants; requiring the Department of Military 351 Affairs, in cooperation with the Florida National 352 Guard, to adopt rules; authorizing the Division of 353 Emergency Management to submit budget amendments to 354 increase budget authority for certain project 355 expenditures; amending s. 112.061, F.S.; extending for 356 1 fiscal year the authorization for the Lieutenant 357 Governor to designate an alternative official 358 headquarters under certain conditions; specifying 359 restrictions, limitations, eligibility for the 360 subsistence allowance, reimbursement of transportation 361 expenses, and payment thereof; requiring the 362 Department of Management Services to release certain 363 competitive procurements by a specified date; 364 providing requirements for such procurements; 365 providing legislative intent; authorizing the 366 department to enter into contracts that may require 367 the payment of administrative fees under a specified 368 amount; requiring the department to maintain and offer 369 the same health insurance options for participants of 370 the State Group Health Insurance Program for the 2023 371 2024 fiscal year as applied in the preceding fiscal 372 year; prohibiting a state agency from initiating a 373 competitive solicitation for a product or service 374 under certain circumstances; providing an exception; 375 providing that the annual salaries of the members of 376 the Legislature be maintained at a specified level; 377 reenacting s. 215.32(2)(b), F.S., relating to the 378 authorization for transferring unappropriated cash 379 balances from selected trust funds to the Budget 380 Stabilization Fund and General Revenue Fund; providing 381 for future expiration and reversion of specific 382 statutory text; specifying the type of travel which 383 may be used with state employee travel funds; 384 providing exceptions; providing a monetary cap on 385 lodging costs for state employee travel to certain 386 meetings organized or sponsored by a state agency or 387 the judicial branch; authorizing employees to expend 388 their own funds for lodging expenses that exceed the 389 monetary caps; authorizing state agencies to purchase 390 vehicles from nonstate term contract vendors without 391 prior approval from the Department of Management 392 Services under certain circumstances; reenacting and 393 amending s. 112.3144, F.S.; requiring the Commission 394 on Ethics to accept federal income tax returns, 395 financial statements, and other forms or attachments 396 showing sources of income for a specified purpose; 397 requiring a filer to include certain attachments and 398 schedules with a filing under certain circumstances; 399 deleting the prohibition on including a federal income 400 tax return or a copy thereof for certain filings; 401 requiring the commission to allow a filer to include 402 attachments and other supporting documentation with 403 his or her disclosure; revising the notice the 404 commission sends to specified persons; requiring that 405 disclosure statements be filed using the commissions 406 electronic filing system; deleting provisions relating 407 to financial statements filed by mail; revising a 408 provision requiring the commission to adopt a 409 specified rule; providing for the future expiration 410 and reversion of specified statutory text; reenacting 411 and amending s. 112.3145, F.S.; deleting the 412 prohibition on including a federal income tax return 413 or a copy thereof for certain filings; requiring the 414 commission to allow a filer to include attachments and 415 other supporting documentation with his or her 416 disclosure; revising the notice the commission sends 417 to specified persons; providing for the future 418 expiration and reversion of specified statutory text; 419 providing conditions under which the veto of certain 420 appropriations or proviso language in the General 421 Appropriations Act voids language that implements such 422 appropriation; providing for the continued operation 423 of certain provisions notwithstanding a future repeal 424 or expiration provided by the act; providing 425 severability; providing for contingent retroactivity; 426 providing effective dates. 427 428 Be It Enacted by the Legislature of the State of Florida: 429 430 Section 1.It is the intent of the Legislature that the 431 implementing and administering provisions of this act apply to 432 the General Appropriations Act for the 2023-2024 fiscal year. 433 Section 2.In order to implement Specific Appropriations 5, 434 6, 80, 81, and 81A of the 2023-2024 General Appropriations Act, 435 the calculations of the Florida Education Finance Program for 436 the 2023-2024 fiscal year included in the document titled 437 Public School Funding: The Florida Education Finance Program 438 (FEFP) Fiscal Year 2023-2024, dated March 30, 2023, and filed 439 with the Secretary of the Senate, are incorporated by reference 440 for the purpose of displaying the calculations used by the 441 Legislature, consistent with the requirements of state law, in 442 making appropriations for the Florida Education Finance Program. 443 This section expires July 1, 2024. 444 Section 3.In order to implement Specific Appropriations 5 445 and 80 of the 2023-2024 General Appropriations Act, and 446 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42, 447 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the 448 expenditure of funds provided for instructional materials, for 449 the 2023-2024 fiscal year, funds provided for instructional 450 materials shall be released and expended as required in the 451 proviso language for Specific Appropriation 80 of the 2023-2024 452 General Appropriations Act. This section expires July 1, 2024. 453 Section 4.In order to implement Specific Appropriation 15 454 of the 2023-2024 General Appropriations Act, and notwithstanding 455 the expiration date in section 5 of chapter 2022-157, Laws of 456 Florida, subsection (1) of section 1013.62, Florida Statutes, is 457 amended to read: 458 1013.62Charter schools capital outlay funding. 459 (1)For the 2023-2024 2022-2023 fiscal year, charter school 460 capital outlay funding shall consist of state funds appropriated 461 in the 2023-2024 2022-2023 General Appropriations Act. Beginning 462 in fiscal year 2024-2025 2023-2024, charter school capital 463 outlay funding shall consist of state funds when such funds are 464 appropriated in the General Appropriations Act and revenue 465 resulting from the discretionary millage authorized in s. 466 1011.71(2) if the amount of state funds appropriated for charter 467 school capital outlay in any fiscal year is less than the 468 average charter school capital outlay funds per unweighted full 469 time equivalent student for the 2018-2019 fiscal year, 470 multiplied by the estimated number of charter school students 471 for the applicable fiscal year, and adjusted by changes in the 472 Consumer Price Index issued by the United States Department of 473 Labor from the previous fiscal year. Nothing in this subsection 474 prohibits a school district from distributing to charter schools 475 funds resulting from the discretionary millage authorized in s. 476 1011.71(2). 477 (a)To be eligible to receive capital outlay funds, a 478 charter school must: 479 1.a.Have been in operation for 2 or more years; 480 b.Be governed by a governing board established in the 481 state for 2 or more years which operates both charter schools 482 and conversion charter schools within the state; 483 c.Be an expanded feeder chain of a charter school within 484 the same school district that is currently receiving charter 485 school capital outlay funds; 486 d.Have been accredited by a regional accrediting 487 association as defined by State Board of Education rule; 488 e.Serve students in facilities that are provided by a 489 business partner for a charter school-in-the-workplace pursuant 490 to s. 1002.33(15)(b); or 491 f.Be operated by a hope operator pursuant to s. 1002.333. 492 2.Have an annual audit that does not reveal any of the 493 financial emergency conditions provided in s. 218.503(1) for the 494 most recent fiscal year for which such audit results are 495 available. 496 3.Have satisfactory student achievement based on state 497 accountability standards applicable to the charter school. 498 4.Have received final approval from its sponsor pursuant 499 to s. 1002.33 for operation during that fiscal year. 500 5.Serve students in facilities that are not provided by 501 the charter schools sponsor. 502 (b)A charter school is not eligible to receive capital 503 outlay funds if it was created by the conversion of a public 504 school and operates in facilities provided by the charter 505 schools sponsor for a nominal fee, or at no charge, or if it is 506 directly or indirectly operated by the school district. 507 Section 5.The amendments to s. 1013.62(1), Florida 508 Statutes, made by this act expire July 1, 2024, and the text of 509 that subsection shall revert to that in existence on June 30, 510 2020, except that any amendments to such text enacted other than 511 by this act shall be preserved and continue to operate to the 512 extent that such amendments are not dependent upon the portions 513 of text which expire pursuant to this section. 514 Section 6.In order to implement Specific Appropriations 5 515 and 80 of the 2023-2024 General Appropriations Act, subsection 516 (18) is added to section 1011.62, Florida Statutes, to read: 517 1011.62Funds for operation of schools.If the annual 518 allocation from the Florida Education Finance Program to each 519 district for operation of schools is not determined in the 520 annual appropriations act or the substantive bill implementing 521 the annual appropriations act, it shall be determined as 522 follows: 523 (18)FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.The 524 Legislature may provide an annual funding compression and hold 525 harmless allocation in the General Appropriations Act. The 526 allocation is created to provide additional funding to a school 527 district if the school districts total funds per FTE in the 528 prior year were less than the statewide average or if the school 529 districts district cost differential in the current year is 530 less than the prior year. The total allocation shall be 531 distributed to eligible school districts as follows: 532 (a)Using the most recent prior year FEFP calculation for 533 each eligible school district, subtract the total school 534 district funds per FTE from the state average funds per FTE, not 535 including any adjustments made pursuant to paragraph (15)(b). 536 The resulting funds per FTE difference, or a portion thereof, as 537 designated in the General Appropriations Act, shall then be 538 multiplied by the school districts total unweighted FTE. 539 (b)Multiply the absolute value of the difference between 540 the eligible school districts current year district cost 541 differential and the prior year district cost differential by a 542 hold harmless factor as designated in the General Appropriations 543 Act. The result is the district cost differential hold harmless 544 index. Multiply the index by the eligible school districts 545 weighted FTE and by the base student allocation as designated in 546 the General Appropriations Act. 547 (c)For each district, select the greater of the amounts 548 calculated in paragraphs (a) and (b) and upon summation, if the 549 total amount is greater than the amount included in the General 550 Appropriations Act, the allocation shall be prorated to the 551 appropriation amount based on each participating school 552 districts share. 553 554 This subsection expires July 1, 2024. 555 Section 7.In order to implement Specific Appropriations 5 556 and 80 of the 2023-2024 General Appropriations Act, subsection 557 (6) of section 1011.62, Florida Statutes, is amended to read: 558 1011.62Funds for operation of schools.If the annual 559 allocation from the Florida Education Finance Program to each 560 district for operation of schools is not determined in the 561 annual appropriations act or the substantive bill implementing 562 the annual appropriations act, it shall be determined as 563 follows: 564 (6)CATEGORICAL FUNDS. 565 (a)In addition to the basic amount for current operations 566 for the FEFP as determined in subsection (1), the Legislature 567 may appropriate categorical funding for specified programs, 568 activities, or purposes. 569 (b)If a district school board determines finds and 570 declares in a resolution adopted at a regular meeting of the 571 school board that some or all of the funds received for any of 572 the following categorical appropriations are urgently needed to 573 maintain or enhance school board specified academic classroom 574 instruction, maintain or expand career and technical education 575 instruction, or improve school safety, the school board may 576 consider and approve an amendment to the school district 577 operating budget transferring the identified amount of the 578 categorical funds to the appropriate account for expenditure: 579 1.Funds for student transportation. 580 2.Funds for instructional materials if all instructional 581 material purchases necessary to provide updated materials that 582 are aligned with applicable state standards and course 583 descriptions and that meet statutory requirements of content and 584 learning have been completed for that fiscal year, but no sooner 585 than March 1. Funds available after March 1 may be used to 586 purchase computers and device hardware for student instruction 587 that comply with the requirements of s. 1001.20(4)(a)1.b. 588 3.Funds for the guaranteed allocation as provided in 589 subparagraph (1)(e)2. 590 4.Funds for the supplemental academic instruction 591 allocation as provided in paragraph (1)(f). 592 5.Funds for the evidence-based reading instruction 593 allocation as provided in subsection (8). 594 6.Funds for the federally connected student supplement as 595 provided in subsection (10). 596 7.6.Funds for class size reduction as provided in s. 597 1011.685. 598 (c)Each district school board shall include in its annual 599 financial report to the Department of Education the amount of 600 funds the school board transferred from each of the categorical 601 funds identified in this subsection and the specific academic 602 classroom instruction, career and technical education 603 instruction, or school safety need for which the transferred 604 funds were expended. The Department of Education shall provide 605 instructions and specify the format to be used in submitting 606 this required information as a part of the district annual 607 financial report. The Department of Education shall submit a 608 report to the Legislature that identifies by district and by 609 categorical fund the amount transferred and the specific 610 academic classroom activity, career and technical education 611 activity, or school safety need for which the funds were 612 expended. 613 Section 8.The amendments to s. 1011.62(6), Florida 614 Statutes, made by this act expire July 1, 2024, and the text of 615 that subsection shall revert to that in existence on June 30, 616 2023, except that any amendments to such text enacted other than 617 by this act shall be preserved and continue to operate to the 618 extent that such amendments are not dependent upon the portions 619 of text which expire pursuant to this section. 620 Section 9.In order to implement Specific Appropriation 110 621 of the 2023-2024 General Appropriations Act, and notwithstanding 622 the expiration date in section 8 of chapter 2022-157, Laws of 623 Florida, subsection (1) of section 1001.26, Florida Statutes, is 624 reenacted to read: 625 1001.26Public broadcasting program system. 626 (1)There is created a public broadcasting program system 627 for the state. The department shall provide funds, as 628 specifically appropriated in the General Appropriations Act, to 629 educational television stations qualified by the Corporation for 630 Public Broadcasting or public colleges and universities that are 631 part of the public broadcasting program system. The program 632 system must include: 633 (a)Support for existing Corporation for Public 634 Broadcasting qualified program system educational television 635 stations. 636 (b)Maintenance of quality broadcast capability for 637 educational stations that are part of the program system. 638 (c)Interconnection of all educational stations that are 639 part of the program system for simultaneous broadcast and of 640 such stations with all universities and other institutions as 641 necessary for sharing of resources and delivery of programming. 642 (d)Establishment and maintenance of a capability for 643 statewide program distribution with facilities and staff, 644 provided such facilities and staff complement and strengthen 645 existing educational television stations. 646 (e)Provision of both statewide programming funds and 647 station programming support for educational television to meet 648 statewide priorities. Priorities for station programming need 649 not be the same as priorities for programming to be used 650 statewide. Station programming may include, but shall not be 651 limited to, citizens participation programs, music and fine 652 arts programs, coverage of public hearings and governmental 653 meetings, equal air time for political candidates, and other 654 public interest programming. 655 Section 10.The text of s. 1001.26(1), Florida Statutes, as 656 carried forward from chapter 2018-18, Laws of Florida, by this 657 act, expires July 1, 2024, and the text of that subsection shall 658 revert to that in existence on June 30, 2018, except that any 659 amendment enacted other than by this act shall be preserved and 660 continue to operate to the extent that such amendments are not 661 dependent upon the portions of text which expire pursuant to 662 this section. 663 Section 11.In order to implement Specific Appropriation 80 664 of the 2023-2024 General Appropriations Act, paragraph (e) of 665 subsection (1) of section 1002.45, Florida Statutes, is amended 666 to read: 667 1002.45Virtual instruction programs. 668 (1)PROGRAM. 669 (e)Each school district shall: 670 1.Provide to the department by each October 1, a copy of 671 each contract and the amount paid per unweighted full-time 672 equivalent virtual student for services procured pursuant to 673 subparagraphs (c)1. and 2. 674 2.Expend any difference in the amount of funds per 675 unweighted full-time equivalent virtual student allocated to the 676 school district pursuant to subsection (6) and the amount paid 677 per unweighted full-time equivalent virtual student by the 678 school district for a contract executed pursuant to subparagraph 679 (c)1. or subparagraph (c)2. on acquiring computer and device 680 hardware and associated operating system software that comply 681 with the requirements of s. 1001.20(4)(a)1.b. 682 3.Provide to the department by September 1 of each year an 683 itemized list of items acquired in subparagraph 2. 684 4.Limit the enrollment of full-time equivalent virtual 685 students residing outside of the school district providing the 686 virtual instruction pursuant to paragraph (c) to no more than 687 those that can be funded from state funds 50 percent of the 688 total enrolled full-time equivalent virtual students residing 689 inside the school district providing the virtual instruction. 690 This subparagraph applies to any virtual instruction contract or 691 agreement that is entered into for the first time after June 30, 692 2021. However, a school district may not enroll more full-time 693 equivalent virtual students residing outside of the school 694 district than the total number of reported full-time equivalent 695 students residing inside the school district. 696 Section 12.The amendments to s. 1002.45(1)(e), Florida 697 Statutes, made by this act expire July 1, 2024, and the text of 698 that paragraph shall revert to that in existence on June 30, 699 2023, except that any amendments to such text enacted other than 700 by this act shall be preserved and continue to operate to the 701 extent that such amendments are not dependent upon the portions 702 of text which expire pursuant to this section. 703 Section 13.In order to implement Specific Appropriation 80 704 of the 2023-2024 General Appropriations Act, paragraph (c) of 705 subsection (1) of section 1011.62, Florida Statutes, is amended 706 to read: 707 1011.62Funds for operation of schools.If the annual 708 allocation from the Florida Education Finance Program to each 709 district for operation of schools is not determined in the 710 annual appropriations act or the substantive bill implementing 711 the annual appropriations act, it shall be determined as 712 follows: 713 (1)COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 714 OPERATION.The following procedure shall be followed in 715 determining the annual allocation to each district for 716 operation: 717 (c)Determination of programs.Cost factors based on 718 desired relative cost differences between the following programs 719 shall be established in the annual General Appropriations Act. 720 The cost factor for secondary career education programs must be 721 greater than the cost factor for and basic programs grade 9 722 through 12 shall be equal. The Commissioner of Education shall 723 specify a matrix of services and intensity levels to be used by 724 districts in the determination of the two weighted cost factors 725 for exceptional students with the highest levels of need. For 726 these students, the funding support level shall fund the 727 exceptional students education program, with the exception of 728 extended school year services for students with disabilities. 729 1.Basic programs. 730 a.Kindergarten and grades 1, 2, and 3. 731 b.Grades 4, 5, 6, 7, and 8. 732 c.Grades 9, 10, 11, and 12. 733 2.Programs for exceptional students. 734 a.Support Level IV. 735 b.Support Level V. 736 3.Secondary career education programs. 737 4.English for Speakers of Other Languages. 738 Section 14.The amendments to s. 1011.62(1)(c), Florida 739 Statutes, made by this act expire July 1, 2024, and the text of 740 that paragraph shall revert to that in existence on June 30, 741 2023, except that any amendments to such text enacted other than 742 by this act shall be preserved and continue to operate to the 743 extent that such amendments are not dependent upon the portions 744 of text which expire pursuant to this section. 745 Section 15.In order to implement Specific Appropriations 746 76 and 96 of the 2023-2024 General Appropriations Act, paragraph 747 (c) of subsection (1) of section 1002.995, Florida Statutes, is 748 amended to read: 749 1002.995Early learning professional development standards 750 and career pathways. 751 (1)The department shall: 752 (c)Subject to the appropriation of funds by the 753 Legislature, provide incentives to school readiness personnel 754 who meet the requirements of: 755 1.Section 1002.88(1)(e) s. 1002.88(1)(e) and 756 prekindergarten instructors who meet the requirements specified 757 in s. 1002.55, s. 1002.61, or s. 1002.63 and who possess a 758 reading certification or endorsement or a literacy micro 759 credential as specified in s. 1003.485 and teach students in the 760 school readiness program or the voluntary prekindergarten 761 education program; or 762 2.For the 2023-2024 fiscal year, s. 1002.88(1)(e) and 763 prekindergarten instructors who meet the requirements specified 764 in s. 1002.55, s. 1002.61, or s. 1002.63 and who possess a 765 reading certification or endorsement or a literacy micro 766 credential as specified in s. 1003.485 and work in the child 767 care or early learning setting. This subparagraph expires July 768 1, 2024. 769 Section 16.In order to implement Specific Appropriations 5 770 and 80 of the 2023-2024 General Appropriations Act, subsection 771 (21) of section 1001.42, Florida Statutes, is amended to read: 772 1001.42Powers and duties of district school board.The 773 district school board, acting as a board, shall exercise all 774 powers and perform all duties listed below: 775 (21)EDUCATIONAL EMERGENCY.Negotiate special provisions of 776 its contract with the appropriate bargaining units To free 777 schools with a school grade of D or F from contract 778 restrictions that limit the schools ability to implement 779 programs and strategies needed to improve student performance, a 780 district school board may adopt salary incentives or other 781 strategies that address. The negotiations shall result in a 782 memorandum of understanding that addresses the selection, 783 placement, compensation, and expectations of instructional 784 personnel and provides principals with the autonomy described in 785 s. 1012.28(8). For purposes of this subsection, an educational 786 emergency exists in a school district if one or more schools in 787 the district have a school grade of D or F. Notwithstanding 788 chapter 447, relating to collective bargaining, a district 789 school board may: 790 (a)Provide salary incentives that differentiate based on a 791 teachers certification, subject area taught, or grade level 792 taught. Such incentives are not subject to collective bargaining 793 requirements. 794 (b)Notwithstanding s. 1012.2315 relating to assignment of 795 teachers, adopt strategies to assign high-quality teachers more 796 equitably across schools in the district to low-performing 797 schools as a management right. Such strategies are not subject 798 to collective bargaining requirements. 799 Section 17.The amendments to s. 1001.42(21), Florida 800 Statutes, made by this act expire July 1, 2024, and the text of 801 that subsection shall revert to that in existence on June 30, 802 2023, except that any amendments to such text enacted other than 803 by this act shall be preserved and continue to operate to the 804 extent that such amendments are not dependent upon the portions 805 of text which expire pursuant to this section. 806 Section 18.In order to implement Specific Appropriation 807 59B of the 2023-2024 General Appropriations Act, section 808 1009.895, Florida Statutes, is amended to read: 809 1009.895Open Door Grant Program. 810 (1)ESTABLISHMENT; PURPOSE.As used in this section, the 811 term: 812 (a)Cost of the program means the cost of tuition, fees, 813 examination, books, and materials to a student enrolled in an 814 eligible program. 815 (b)Department means the Department of Education. 816 (c)Institution means school district postsecondary 817 technical career centers under s. 1001.44, Florida College 818 System institutions under s. 1000.21(3), charter technical 819 career centers under s. 1002.34, and school districts with 820 eligible integrated education and training programs. 821 (d)Program means a noncredit industry certification 822 preparation, clock hour career certificate programs, or for 823 credit short-term career and technical education programs that 824 result in the award of credentials identified under s. 825 445.004(4). 826 (e)Student means a person who is a resident of this 827 state as determined under s. 1009.21 and is unemployed, 828 underemployed, or furloughed. 829 (2)The Open Door Grant Program is established and shall be 830 administered by participating institutions in accordance with 831 rules of the State Board of Education. The program is created to 832 incentivize for the purpose of: 833 (a)Creating and sustaining a demand-driven supply of 834 credentialed workers for high-demand occupations by addressing 835 and closing the gap between the skills needed by workers in the 836 state and the skills of the available workforce in the state. 837 (b)Expanding the affordability of workforce training and 838 credentialing. 839 (c)Increasing the interest of current and future workers 840 to enroll in short-term, high-demand career and technical 841 education that leads to a credential, credentialing and 842 certificate, or degree programs. 843 (2)ELIGIBILITY.In order to be eligible for the program, a 844 student must: 845 (a)Meet the requirements under s. 1009.40(1)(a)2. and 3.; 846 (b)Be enrolled in a workforce education program as defined 847 under s. 1011.80(1); and 848 (c)Be enrolled at a school district postsecondary 849 technical career center under s. 1001.44, a Florida College 850 System institution under s. 1000.21(3), or a charter technical 851 career center under s. 1002.34. 852 853 An institution may not impose additional criteria to determine a 854 students eligibility to receive a grant under this section. 855 (3)GRANT AWARD.A student is eligible to receive an award 856 equal to the amount needed to cover 100 percent of the cost for 857 the eligible program after all other federal and state financial 858 aid is applied. These costs may include, but are not limited to, 859 tuition and fees, exam or assessment costs, books, materials, or 860 other college-related expenses such as personal computers, 861 housing, or transportation. The institution shall make awards 862 subject to availability of funding. Returning students must be 863 given priority over new students. 864 (4)DISTRIBUTION OF FUNDS. 865 (a)For the 2023-2024 fiscal year, funding for eligible 866 institutions must consist of a base amount provided for in the 867 General Appropriations Act plus each institutions proportionate 868 share of full-time equivalent students enrolled in workforce 869 education programs. Beginning in the 2024-2025 fiscal year, the 870 funds appropriated for the Open Door Grant Program must be 871 distributed to eligible institutions in accordance with a 872 formula approved by the State Board of Education. The formula 873 must consider at least the prior years distribution of funds 874 and the number of eligible applicants who did not receive 875 awards. 876 (b)Subject to the appropriation of funds by the 877 Legislature, the Department of Education shall transmit payment 878 of grants to the institution in advance of the registration 879 period. Institutions shall notify students of the amount of 880 their awards. 881 (c)The eligibility status of each student to receive a 882 disbursement must be determined by each institution as of the 883 end of its regular registration period, inclusive of a drop-add 884 period. Institutions may not be required to reevaluate a 885 students eligibility status after this date for purposes of 886 changing eligibility determinations previously made. 887 (d)Each term, institutions shall certify to the department 888 within 30 days after the end of the regular registration period 889 the amount of funds disbursed to each student. Institutions 890 shall remit to the department any undisbursed advances for the 891 fall, spring, and summer terms within 30 days after the end of 892 the summer term. 893 (5)INSTITUTIONAL REPORTING.Each institution shall report 894 to the department by the established date: 895 (a)The number of students eligible for the program for 896 each academic term. Each institution shall also report to the 897 department any necessary demographic and eligibility data for 898 students; and 899 (3)The department shall provide grants to institutions on 900 a first-come, first-serve basis for students who enroll in an 901 eligible program. The department shall prioritize funding for 902 integrated education and training programs in which institutions 903 establish partnerships with local workforce development boards 904 to provide basic skills instruction, contextually and 905 concurrently, with workforce training that results in the award 906 of credentials under s. 445.004(4). One-quarter of the 907 appropriated funds must be prioritized to serve students 908 attending rural institutions. No more than one-quarter of the 909 appropriated funds may be disbursed annually to any eligible 910 institution. 911 (4)Subject to the availability of funds: 912 (a)A student who enrolls in an eligible program offered by 913 an institution and who does not receive state or federal 914 financial aid may apply for and be awarded a grant to cover two 915 thirds of the cost of the program, if at the time of enrollment 916 the student pays one-third of the cost of the program and signs 917 an agreement to either complete the program or pay an additional 918 one-third of the cost of the program in the event of 919 noncompletion. The department shall reimburse the institution in 920 an amount equal to one-third of the cost of the program upon a 921 students completion of the program. An additional one-third 922 shall be provided upon attainment of a workforce credential or 923 certificate by the student. Grant funds may be used to cover the 924 students one-third of the cost of the program for students in 925 integrated education and training programs and students who do 926 not have a high school diploma and meet the requirements 927 established by the department. An institution may cover the 928 students one-third of the cost of the program based on student 929 need, as determined by the institution. 930 (b)A student receiving state or federal financial aid who 931 enrolls in an eligible program offered by an institution may 932 apply for and be awarded a grant to cover the unmet need of the 933 cost of the program after the application of all eligible 934 financial aid. Financial aid and grants received by the student 935 shall be credited first to the students costs before the award 936 of an open door grant. After a student is enrolled in an 937 eligible program, the department shall award the grant to the 938 institution for the amount of unmet need for the eligible 939 student. 940 (5)The department may not reimburse any institution more 941 than $3,000 per completed workforce training program by an 942 eligible student. 943 (6)The department shall administer the grant and shall 944 carry out the goals and purposes of the grant set forth in 945 subsection (2). In administering the grant, the department 946 shall: 947 (a)Require eligible institutions to provide student 948 specific data. 949 (b)Undertake periodic assessments of the overall success 950 of the grant program and recommend modifications, interventions, 951 and other actions based on such assessments. 952 (c)Establish the procedure by which eligible institutions 953 shall notify the department when eligible students enroll in 954 eligible programs. 955 (d)Require each eligible institution to Submit a report 956 with data from the previous fiscal year on program completion 957 and credential attainment by students participating in the grant 958 program that, at a minimum, includes: 959 1.A list of the programs offered. 960 2.The number of students who enrolled in the programs. 961 3.The number of students who completed the programs. 962 4.The number of students who attained workforce 963 credentials, categorized by credential name and relevant 964 occupation, after completing training programs. 965 5.The average cost per workforce credential attained, 966 categorized by credential name and relevant occupation. 967 (6)(7)REPORTING.The department shall compile the data 968 provided under paragraph (5)(b) (6)(d) and annually report such 969 aggregate data, in the aggregate and categorize such information 970 by eligible institution, to the State Board of Education. The 971 report shall also include information on the average wage, age, 972 gender, race, ethnicity, veteran status, and other relevant 973 information, of students who have completed workforce training 974 programs categorized by credential name and relevant occupation. 975 (7)(8)RULES.The State Board of Education shall adopt 976 rules to implement this section. 977 Section 19.The amendments to s. 1009.895, Florida 978 Statutes, made by this act expire July 1, 2024, and the text of 979 that section shall revert to that in existence on June 30, 2023, 980 except that any amendments to such text enacted other than by 981 this act shall be preserved and continue to operate to the 982 extent that such amendments are not dependent upon the portions 983 of text which expire pursuant to this section. 984 Section 20.In order to implement Specific Appropriations 5 985 and 80 of the 2023-2024 General Appropriations Act, paragraph 986 (f) is added to subsection (14) of section 1011.62, Florida 987 Statutes, to read: 988 1011.62Funds for operation of schools.If the annual 989 allocation from the Florida Education Finance Program to each 990 district for operation of schools is not determined in the 991 annual appropriations act or the substantive bill implementing 992 the annual appropriations act, it shall be determined as 993 follows: 994 (14)TEACHER SALARY INCREASE ALLOCATION.The Legislature 995 may annually provide in the Florida Education Finance Program a 996 teacher salary increase allocation to assist school districts in 997 their recruitment and retention of classroom teachers and other 998 instructional personnel. The amount of the allocation shall be 999 specified in the General Appropriations Act. 1000 (f)For fiscal year 2023-2024, any additional funding 1001 appropriated for the teacher salary increase allocation above 1002 the amount provided in fiscal year 2022-2023 may be used to 1003 provide salary increases for the following personnel in a manner 1004 that best meets the needs of the school district or charter 1005 school: 1006 1.Full-time classroom teachers, as defined in s. 1007 1012.01(2)(a), plus certified prekindergarten teachers funded in 1008 the Florida Education Finance Program. This subparagraph does 1009 not apply to substitute teachers. 1010 2.Other full-time instructional personnel as defined in s. 1011 1012.01(2)(b), (c), and (d). 1012 1013 This paragraph expires July 1, 2024. 1014 Section 21.In order to implement Specific Appropriation 1015 81A of the 2023-2024 General Appropriations Act, section 1016 1011.687, Florida Statutes, is created to read: 1017 1011.687K-12 Education Scholarship Program Funding. 1018 (1)ESTIMATING CONFERENCE.The Education Estimating 1019 Conference shall include forecasts for the number of K-12 1020 scholarship eligible students and the appropriations required to 1021 fund the full award amounts for the K-12 scholarship programs. 1022 (a)The department shall report all students who are 1023 receiving a scholarship under the Family Empowerment Scholarship 1024 Program or the Florida Tax Credit Scholarship Program separately 1025 by district, grade, program, and scholarship award type to 1026 support the estimating conference. An eligible nonprofit 1027 scholarship-funding organization must provide the department 1028 with all the documentation necessary to verify a students 1029 participation. 1030 (b)Notwithstanding s. 1002.394(7), a school district is 1031 not required to report students who are receiving a scholarship 1032 under the scholarship programs. 1033 (2)SCHOLARSHIP AWARD CALCULATIONS.Notwithstanding s. 1034 1002.394 or s. 1002.395, a student FTE scholarship amount for a 1035 Family Empowerment Scholarship awarded pursuant to s. 1002.394 1036 or a Florida Tax Credit Scholarship awarded pursuant to s. 1037 1002.395 shall be calculated as follows: 1038 (a)The calculated scholarship amount for a participating 1039 student must be based upon the grade level and school district 1040 in which the student was assigned. 1041 (b)For the 2023-2024 school year, the student award 1042 amounts are the award amounts established for the 2022-2023 1043 school year plus the percentage change increase as provided in 1044 the General Appropriations Act. 1045 (c)Beginning in the 2024-2025 school year, and every 1046 school year thereafter, award amounts may be adjusted based on 1047 the percentage change increase as provided in the General 1048 Appropriations Act. 1049 (d)For purposes of this calculation, one student FTE is 1050 equivalent to four quarterly scholarship payments. A student who 1051 receives funding for the program for less than a full year shall 1052 be a fraction of an FTE. 1053 (3)SCHOLARSHIP FUNDING ALLOCATION.The K-12 Education 1054 Scholarship Program Allocation is established to provide funds 1055 to implement the Family Empowerment Scholarship Program provided 1056 in s. 1002.394. 1057 (a)Funds for the scholarship allocation shall be provided 1058 for student FTE in each county in the amount prescribed in the 1059 General Appropriations Act, from state funds only. 1060 (b)If the amount of funds provided in the allocation is 1061 less than the amount of funds necessary to cover the awards for 1062 all eligible students with approved applications, the department 1063 may submit budget amendments pursuant to chapter 216 to request 1064 release of additional funds if such funds are appropriated to 1065 the department pursuant to the General Appropriations Act, and 1066 which are held in reserve. Such funds shall be provided to the 1067 eligible nonprofit scholarship-funding organization to fund the 1068 awards for such students. 1069 (4)EXPIRATION.This section expires July 1, 2024. 1070 Section 22.In order to implement Specific Appropriations 1071 197 through 223 and 539 of the 2023-2024 General Appropriations 1072 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1073 Statutes, the Agency for Health Care Administration, in 1074 consultation with the Department of Health, may submit a budget 1075 amendment, subject to the notice, review, and objection 1076 procedures of s. 216.177, Florida Statutes, to realign funding 1077 within and between agencies based on implementation of the 1078 managed medical assistance component of the Statewide Medicaid 1079 Managed Care program for the Childrens Medical Services program 1080 of the Department of Health. The funding realignment shall 1081 reflect the actual enrollment changes due to the transfer of 1082 beneficiaries from fee-for-service to the capitated Childrens 1083 Medical Services network. The Agency for Health Care 1084 Administration may submit a request for nonoperating budget 1085 authority to transfer the federal funds to the Department of 1086 Health pursuant to s. 216.181(12), Florida Statutes. This 1087 section expires July 1, 2024. 1088 Section 23.In order to implement Specific Appropriations 1089 197 through 223 of the 2023-2024 General Appropriations Act, and 1090 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1091 Agency for Health Care Administration may submit a budget 1092 amendment, subject to the notice, review, and objection 1093 procedures of s. 216.177, Florida Statutes, to realign funding 1094 within the Medicaid program appropriation categories to address 1095 projected surpluses and deficits within the program and to 1096 maximize the use of state trust funds. A single budget amendment 1097 shall be submitted in the last quarter of the 2023-2024 fiscal 1098 year only. This section expires July 1, 2024. 1099 Section 24.In order to implement Specific Appropriations 1100 176 through 181 and 539 of the 2023-2024 General Appropriations 1101 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1102 Statutes, the Agency for Health Care Administration and the 1103 Department of Health may each submit a budget amendment, subject 1104 to the notice, review, and objection procedures of s. 216.177, 1105 Florida Statutes, to realign funding within the Florida Kidcare 1106 program appropriation categories, or to increase budget 1107 authority in the Childrens Medical Services network category, 1108 to address projected surpluses and deficits within the program 1109 or to maximize the use of state trust funds. A single budget 1110 amendment must be submitted by each agency in the last quarter 1111 of the 2023-2024 fiscal year only. This section expires July 1, 1112 2024. 1113 Section 25.In order to implement Specific Appropriations 1114 490 through 494 of the 2023-2024 General Appropriations Act, 1115 subsection (17) of section 381.986, Florida Statutes, is amended 1116 to read: 1117 381.986Medical use of marijuana. 1118 (17)Rules adopted pursuant to this section before July 1, 1119 2024 2023, are not subject to ss. 120.54(3)(b) and 120.541. This 1120 subsection expires July 1, 2024 2023. 1121 Section 26.Effective July 1, 2023, upon the expiration and 1122 reversion of the amendments made to subsection (1) of section 14 1123 of chapter 2017-232, Laws of Florida, pursuant to section 18 of 1124 chapter 2022-157, Laws of Florida, and in order to implement 1125 Specific Appropriations 490 through 494 of the 2023-2024 General 1126 Appropriations Act, subsection (1) of section 14 of chapter 1127 2017-232, Laws of Florida, is amended to read: 1128 Section 14.Department of Health; authority to adopt rules; 1129 cause of action. 1130 (1)EMERGENCY RULEMAKING. 1131 (a)The Department of Health and the applicable boards 1132 shall adopt emergency rules pursuant to s. 120.54(4), Florida 1133 Statutes, and this section necessary to implement s. 381.986 ss. 1134 381.986 and 381.988, Florida Statutes. If an emergency rule 1135 adopted under this section is held to be unconstitutional or an 1136 invalid exercise of delegated legislative authority, and becomes 1137 void, the department or the applicable boards may adopt an 1138 emergency rule pursuant to this section to replace the rule that 1139 has become void. If the emergency rule adopted to replace the 1140 void emergency rule is also held to be unconstitutional or an 1141 invalid exercise of delegated legislative authority and becomes 1142 void, the department and the applicable boards must follow the 1143 nonemergency rulemaking procedures of the Administrative 1144 Procedures Act to replace the rule that has become void. 1145 (b)For emergency rules adopted under this section, the 1146 department and the applicable boards need not make the findings 1147 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 1148 adopted under this section are exempt from ss. 120.54(3)(b) and 1149 120.541, Florida Statutes. The department and the applicable 1150 boards shall meet the procedural requirements in s. 120.54(4)(a) 1151 s. 120.54(a), Florida Statutes, if the department or the 1152 applicable boards have, before July 1, 2019 the effective date 1153 of this act, held any public workshops or hearings on the 1154 subject matter of the emergency rules adopted under this 1155 subsection. Challenges to emergency rules adopted under this 1156 subsection are subject to the time schedules provided in s. 1157 120.56(5), Florida Statutes. 1158 (c)Emergency rules adopted under this section are exempt 1159 from s. 120.54(4)(c), Florida Statutes, and shall remain in 1160 effect until replaced by rules adopted under the nonemergency 1161 rulemaking procedures of the Administrative Procedures Act. 1162 Rules adopted under the nonemergency rulemaking procedures of 1163 the Administrative Procedures Act to replace emergency rules 1164 adopted under this section are exempt from ss. 120.54(3)(b) and 1165 120.541, Florida Statutes. By July 1, 2024 January 1, 2018, the 1166 department and the applicable boards shall initiate nonemergency 1167 rulemaking pursuant to the Administrative Procedures Act to 1168 replace all emergency rules adopted under this section by 1169 publishing a notice of rule development in the Florida 1170 Administrative Register. Except as provided in paragraph (a), 1171 after July 1, 2024 January 1, 2018, the department and 1172 applicable boards may not adopt rules pursuant to the emergency 1173 rulemaking procedures provided in this section. 1174 Section 27.The amendments to s. 14(1) of chapter 2017-232, 1175 Laws of Florida, made by this act expire July 1, 2024, and the 1176 text of that subsection shall revert to that in existence on 1177 June 30, 2019, except that any amendments to such text enacted 1178 other than by this act shall be preserved and continue to 1179 operate to the extent that such amendments are not dependent 1180 upon the portions of text which expire pursuant to this section. 1181 Section 28.In order to implement Specific Appropriations 1182 203, 206, and 210 of the 2023-2024 General Appropriations Act, 1183 the Agency for Health Care Administration may submit a budget 1184 amendment pursuant to chapter 216, Florida Statutes, requesting 1185 additional spending authority to implement the federally 1186 approved Directed Payment Program for hospitals statewide 1187 providing inpatient and outpatient services to Medicaid managed 1188 care enrollees. This section expires July 1, 2024. 1189 Section 29.In order to implement Specific Appropriations 1190 203, 206, and 210 of the 2023-2024 General Appropriations Act, 1191 the Agency for Health Care Administration may submit a budget 1192 amendment pursuant to chapter 216, Florida Statutes, requesting 1193 additional spending authority to implement the federally 1194 approved Directed Payment Program for cancer hospitals that meet 1195 the criteria in 42 U.S.C. s. 1395ww(d)(1)(B)(v). This section 1196 expires July 1, 2024. 1197 Section 30.In order to implement Specific Appropriation 1198 202 of the 2023-2024 General Appropriations Act, the Agency for 1199 Health Care Administration may submit a budget amendment 1200 pursuant to chapter 216, Florida Statutes, requesting additional 1201 spending authority to implement the federally approved Indirect 1202 Medical Education (IME) Program and a nursing workforce 1203 expansion and education program for certain institutions 1204 participating in a graduate medical education or nursing 1205 education program. For institutions participating in the nursing 1206 workforce expansion and education program, the budget amendment 1207 must identify the educational institutions partnering with the 1208 teaching hospital. Institutions participating in the nursing 1209 workforce expansion and education program shall provide 1210 quarterly reports to the agency detailing the number of nurses 1211 participating in the program. This section expires July 1, 2024. 1212 Section 31.In order to implement Specific Appropriations 1213 197 through 223 of the 2023-2024 General Appropriations Act, the 1214 Agency for Health Care Administration may submit a budget 1215 amendment, subject to the notice, review, and objection 1216 procedures of s. 216.177, Florida Statutes, to provide spending 1217 authority to implement the Low Income Pool component of the 1218 Florida Managed Medical Assistance Demonstration up to the total 1219 computable funds authorized by the federal Centers for Medicare 1220 and Medicaid Services. The budget amendment must include the 1221 final terms and conditions of the Low Income Pool, a proposed 1222 distribution model by entity, and a listing of entities 1223 contributing intergovernmental transfers to support the state 1224 match required. In addition, for each entity included in the 1225 distribution model, a signed attestation must be provided that 1226 includes the charity care cost upon which the Low Income Pool 1227 payment is based and an acknowledgment that should the 1228 distribution result in an overpayment based on the Low Income 1229 Pool cost limit audit, the entity is responsible for returning 1230 that overpayment to the agency for return to the federal Centers 1231 for Medicare and Medicaid Services. This section expires July 1, 1232 2024. 1233 Section 32.In order to implement Specific Appropriations 1234 328, 330, 361, and 362 of the 2023-2024 General Appropriations 1235 Act, and notwithstanding ss. 216.181 and 216.292, Florida 1236 Statutes, the Department of Children and Families may submit a 1237 budget amendment, subject to the notice, review, and objection 1238 procedures of s. 216.177, Florida Statutes, to realign funding 1239 within the department based on the implementation of the 1240 Guardianship Assistance Program, between the specific 1241 appropriations for guardianship assistance payments, foster care 1242 Level 1 room and board payments, relative caregiver payments, 1243 and nonrelative caregiver payments. This section expires July 1, 1244 2024. 1245 Section 33.In order to implement Specific Appropriations 1246 306 through 309, 314, 316, 317, 319, 320, and 327 through 330 of 1247 the 2023-2024 General Appropriations Act, and notwithstanding 1248 ss. 216.181 and 216.292, Florida Statutes, the Department of 1249 Children and Families may submit a budget amendment, subject to 1250 the notice, review, and objection procedures of s. 216.177, 1251 Florida Statutes, to realign funding within the Family Safety 1252 Program to maximize the use of Title IV-E and other federal 1253 funds. This section expires July 1, 2024. 1254 Section 34.In order to implement Specific Appropriations 1255 197 through 199, 203, 206, 207, 209 through 211, 355, 365, 482, 1256 499 through 501, 507, and 511 of the 2023-2024 General 1257 Appropriations Act, and notwithstanding ss. 216.181 and 216.292, 1258 Florida Statutes, the Department of Children and Families, 1259 Department of Health, and Agency for Health Care Administration 1260 may submit budget amendments, subject to the notice, review, and 1261 objection procedures of s. 216.177, Florida Statutes, to 1262 increase budget authority to support refugee programs 1263 administered by the federal Office of Refugee Resettlement due 1264 to the ongoing instability of federal immigration policy and the 1265 resulting inability of the state to reasonably predict, with 1266 certainty, the budgetary need of this state with respect to the 1267 number of refugees relocated to the state as part of those 1268 federal programs. The Department of Children and Families shall 1269 submit quarterly reports to the Executive Office of the 1270 Governor, the President of the Senate, and the Speaker of the 1271 House of Representatives on the number of refugees entering the 1272 state, the nations of origin of such refugees, and current 1273 expenditure projections. This section expires July 1, 2024. 1274 Section 35.In order to implement Specific Appropriations 1275 293, 306 through 309, 314 through 316, 327, and 327A of the 1276 2023-2024 General Appropriations Act, and notwithstanding ss. 1277 39.3065, 216.181, and 216.292, Florida Statutes, no later than 1278 December 31, 2023, the Broward, Hillsborough, Manatee, Pasco, 1279 Pinellas, Seminole, and Walton County sheriffs offices that 1280 have entered into grant agreements with the Department of 1281 Children and Families shall transfer child protective 1282 investigative services to the department. Each sheriffs office 1283 and the department shall designate a mutually agreed upon date 1284 by which the transfer is to be finalized. The department may 1285 submit budget amendments, subject to the notice, review, and 1286 objection procedures of s. 216.177, Florida Statutes, to realign 1287 funding within the Family Safety Program to transition child 1288 protective investigations from the Broward, Hillsborough, 1289 Manatee, Pasco, Pinellas, Seminole, and Walton County sheriffs 1290 offices to the department. This section expires July 1, 2024. 1291 Section 36.In order to implement Specific Appropriations 1292 358 through 360, 372 through 378, and 383 through 387 of the 1293 2023-2024 General Appropriations Act, and notwithstanding ss. 1294 216.181 and 216.292, Florida Statutes, the Department of 1295 Children and Families, may submit budget amendments, subject to 1296 the notice, review, and objection procedures of s. 216.177, 1297 Florida Statutes, to increase budget authority to support the 1298 following federal grant programs: the Supplemental Nutrition 1299 Assistance Grant Program, the American Rescue Plan Grant, the 1300 State Opioid Response Grant, the Substance Abuse Prevention and 1301 Treatment Block Grant, and the Mental Health Block Grant. This 1302 section expires July 1, 2024. 1303 Section 37.In order to implement Specific Appropriations 1304 469 and 471 of the 2023-2024 General Appropriations Act, and 1305 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1306 Department of Health may submit a budget amendment, subject to 1307 the notice, review, and objection procedures of s. 216.177, 1308 Florida Statutes, to increase budget authority for the 1309 Supplemental Nutrition Program for Women, Infants, and Children 1310 (WIC) and the Child Care Food Program if additional federal 1311 revenues will be expended in the 2023-2024 fiscal year. This 1312 section expires July 1, 2024. 1313 Section 38.In order to implement Specific Appropriations 1314 478 and 523 of the 2023-2024 General Appropriations Act, and 1315 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1316 Department of Health may submit a budget amendment, subject to 1317 the notice, review, and objection procedures of s. 216.177, 1318 Florida Statutes, to increase budget authority for the HIV/AIDS 1319 Prevention and Treatment Program if additional federal revenues 1320 specific to HIV/AIDS prevention and treatment become available 1321 in the 2023-2024 fiscal year. This section expires July 1, 2024. 1322 Section 39.In order to implement Specific Appropriations 1323 432 through 567 of the 2023-2024 General Appropriations Act, and 1324 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1325 Department of Health may submit a budget amendment, subject to 1326 the notice, review, and objection procedures of s. 216.177, 1327 Florida Statutes, to increase budget authority for the 1328 department if additional federal revenues specific to COVID-19 1329 relief funds become available in the 2023-2024 fiscal year. This 1330 section expires July 1, 2024. 1331 Section 40.In order to implement Specific Appropriations 1332 191 and 192A through 192E of the 2023-2024 General 1333 Appropriations Act: 1334 (1)The Agency for Health Care Administration shall replace 1335 the current Florida Medicaid Management Information System 1336 (FMMIS) and fiscal agent operations with a system that is 1337 modular, interoperable, and scalable for the Florida Medicaid 1338 program that complies with all applicable federal and state laws 1339 and requirements. The agency may not include in the project to 1340 replace the current FMMIS and fiscal agent contract: 1341 (a)Functionality that duplicates any of the information 1342 systems of the other health and human services state agencies; 1343 (b)Procurement for agency requirements external to 1344 Medicaid programs with the intent to leverage the Medicaid 1345 technology infrastructure for other purposes without legislative 1346 appropriation or legislative authorization to procure these 1347 requirements. The new system, the Florida Health Care Connection 1348 (FX) system, must provide better integration with subsystems 1349 supporting Floridas Medicaid program; uniformity, consistency, 1350 and improved access to data; and compatibility with the Centers 1351 for Medicare and Medicaid Services Medicaid Information 1352 Technology Architecture (MITA) as the system matures and expands 1353 its functionality; or 1354 (c)Any contract executed after July 1, 2022, not including 1355 staff augmentation services purchased off the Department of 1356 Management Services Information Technology staff augmentation 1357 state term contract that are not deliverables based fixed price 1358 contracts. 1359 (2)For purposes of replacing FMMIS and the current 1360 Medicaid fiscal agent, the Agency for Health Care Administration 1361 shall: 1362 (a)Prioritize procurements for the replacement of the 1363 current functions of FMMIS and the responsibilities of the 1364 current Medicaid fiscal agent, to minimize the need to extend 1365 all or portions of the current fiscal agent contract. 1366 (b)Comply with and not exceed the Centers for Medicare and 1367 Medicaid Services funding authorizations for the FX system. 1368 (c)Ensure compliance and uniformity with the published 1369 MITA framework and guidelines. 1370 (d)Ensure that all business requirements and technical 1371 specifications have been provided to all affected state agencies 1372 for their review and input and approved by the executive 1373 steering committee established in paragraph (g). 1374 (e)Consult with the Executive Office of the Governors 1375 working group for interagency information technology integration 1376 for the development of competitive solicitations that provide 1377 for data interoperability and shared information technology 1378 services across the states health and human services agencies. 1379 (f)Implement a data governance structure for the project 1380 to coordinate data sharing and interoperability across state 1381 health care entities. 1382 (g)Implement a project governance structure that includes 1383 an executive steering committee composed of: 1384 1.The Secretary of Health Care Administration, or the 1385 executive sponsor of the project. 1386 2.A representative of the Division of Operations of the 1387 Agency for Health Care Administration, appointed by the 1388 Secretary of Health Care Administration. 1389 3.Two representatives from the Division of Medicaid of the 1390 Agency for Health Care Administration, appointed by the 1391 Secretary of Health Care Administration. 1392 4.A representative of the Division of Health Quality 1393 Assurance of the Agency for Health Care Administration, 1394 appointed by the Secretary of Health Care Administration. 1395 5.A representative of the Florida Center for Health 1396 Information and Transparency of the Agency for Health Care 1397 Administration, appointed by the Secretary of Health Care 1398 Administration. 1399 6.The Chief Information Officer of the Agency for Health 1400 Care Administration, or his or her designee. 1401 7.The state chief information officer, or his or her 1402 designee. 1403 8.Two representatives of the Department of Children and 1404 Families, appointed by the Secretary of Children and Families. 1405 9.A representative of the Department of Health, appointed 1406 by the State Surgeon General. 1407 10.A representative of the Agency for Persons with 1408 Disabilities, appointed by the director of the Agency for 1409 Persons with Disabilities. 1410 11.A representative from the Florida Healthy Kids 1411 Corporation. 1412 12.A representative from the Department of Elderly 1413 Affairs, appointed by the Secretary of Elderly Affairs. 1414 13.A representative of the Department of Financial 1415 Services who has experience with the states financial 1416 processes, including development of the PALM system, appointed 1417 by the Chief Financial Officer. 1418 (3)The Secretary of Health Care Administration or the 1419 executive sponsor of the project shall serve as chair of the 1420 executive steering committee, and the committee shall take 1421 action by a vote of at least 10 affirmative votes with the chair 1422 voting on the prevailing side. A quorum of the executive 1423 steering committee consists of at least 11 members. 1424 (4)The executive steering committee has the overall 1425 responsibility for ensuring that the project to replace FMMIS 1426 and the Medicaid fiscal agent meets its primary business 1427 objectives and shall: 1428 (a)Identify and recommend to the Executive Office of the 1429 Governor, the President of the Senate, and the Speaker of the 1430 House of Representatives any statutory changes needed to 1431 implement the modular replacement to standardize, to the fullest 1432 extent possible, the states health care data and business 1433 processes. 1434 (b)Review and approve any changes to the projects scope, 1435 schedule, and budget which do not conflict with the requirements 1436 of subsections (1) and (2). 1437 (c)Ensure that adequate resources are provided throughout 1438 all phases of the project. 1439 (d)Approve all major project deliverables. 1440 (e)Review and verify that all procurement and contractual 1441 documents associated with the replacement of the current FMMIS 1442 and Medicaid fiscal agent align with the scope, schedule, and 1443 anticipated budget for the project. 1444 (5)This section expires July 1, 2024. 1445 Section 41.In order to implement Specific Appropriations 1446 210, 211, 265, 277, 340, 501, and 523 of the 2023-2024 General 1447 Appropriations Act, the Agency for Health Care Administration, 1448 in consultation with the Department of Health, the Agency for 1449 Persons with Disabilities, the Department of Children and 1450 Families, and the Department of Corrections, shall competitively 1451 procure a contract with a vendor to negotiate, for these 1452 agencies, prices for prescribed drugs and biological products 1453 excluded from the programs established under s. 381.02035, 1454 Florida Statutes, and ineligible under 21 U.S.C. s. 384, 1455 including, but not limited to, insulin and epinephrine. The 1456 contract may allow the vendor to directly purchase these 1457 products for participating agencies when feasible and 1458 advantageous. The contracted vendor will be compensated on a 1459 contingency basis, paid from a portion of the savings achieved 1460 by its price negotiation or purchase of the prescription drugs 1461 and products. This section expires July 1, 2024. 1462 Section 42.In order to implement Specific Appropriations 1463 256, 263, 264, 275, and 276 of the 2023-2024 General 1464 Appropriations Act, and notwithstanding ss. 216.181 and 216.292, 1465 Florida Statutes, the Agency for Persons with Disabilities may 1466 submit budget amendments, subject to the notice, review, and 1467 objection procedures of s. 216.177, Florida Statutes, to 1468 transfer funding from the Salaries and Benefits appropriation 1469 categories to categories used for contractual services in order 1470 to support additional staff augmentation resources needed at the 1471 Developmental Disability Centers. This section expires July 1, 1472 2024. 1473 Section 43.In order to implement Specific Appropriation 1474 464 of the 2023-2024 General Appropriations Act, and 1475 notwithstanding the allocation calculation under s. 381.915, 1476 Florida Statutes, from funds appropriated in the General Revenue 1477 Fund to the Department of Health, the department shall exclude 1478 $37,771,257 from the calculation for the distribution of funds 1479 pursuant to s. 381.915, Florida Statutes. The funds remaining in 1480 the General Revenue Fund shall first be distributed pursuant to 1481 the allocation formula in s. 381.915, Florida Statutes, and the 1482 excluded funds shall then be distributed to the cancer centers 1483 participating in the Casey DeSantis Cancer Research Program in 1484 the same proportion as is required to be allocated to each 1485 cancer center in s. 381.915, Florida Statutes. This section 1486 expires July 1, 2024. 1487 Section 44.In order to implement Specific Appropriations 1488 598 through 705 and 718 through 753 of the 2023-2024 General 1489 Appropriations Act, subsection (4) of section 216.262, Florida 1490 Statutes, is amended to read: 1491 216.262Authorized positions. 1492 (4)Notwithstanding the provisions of this chapter relating 1493 to increasing the number of authorized positions, and for the 1494 2023-2024 2022-2023 fiscal year only, if the actual inmate 1495 population of the Department of Corrections exceeds the inmate 1496 population projections of the February 13, 2023 January 13, 1497 2022, Criminal Justice Estimating Conference by 1 percent for 2 1498 consecutive months or 2 percent for any month, the Executive 1499 Office of the Governor, with the approval of the Legislative 1500 Budget Commission, shall immediately notify the Criminal Justice 1501 Estimating Conference, which shall convene as soon as possible 1502 to revise the estimates. The Department of Corrections may then 1503 submit a budget amendment requesting the establishment of 1504 positions in excess of the number authorized by the Legislature 1505 and additional appropriations from unallocated general revenue 1506 sufficient to provide for essential staff, fixed capital 1507 improvements, and other resources to provide classification, 1508 security, food services, health services, and other variable 1509 expenses within the institutions to accommodate the estimated 1510 increase in the inmate population. All actions taken pursuant to 1511 this subsection are subject to review and approval by the 1512 Legislative Budget Commission. This subsection expires July 1, 1513 2024 2023. 1514 Section 45.In order to implement Specific Appropriations 1515 3271 through 3337 of the 2023-2024 General Appropriations Act, 1516 subsection (2) of section 215.18, Florida Statutes, is amended 1517 to read: 1518 215.18Transfers between funds; limitation. 1519 (2)The Chief Justice of the Supreme Court may receive one 1520 or more trust fund loans to ensure that the state court system 1521 has funds sufficient to meet its appropriations in the 2023-2024 1522 2022-2023 General Appropriations Act. If the Chief Justice 1523 accesses the loan, he or she must notify the Governor and the 1524 chairs of the legislative appropriations committees in writing. 1525 The loan must come from other funds in the State Treasury which 1526 are for the time being or otherwise in excess of the amounts 1527 necessary to meet the just requirements of such last-mentioned 1528 funds. The Governor shall order the transfer of funds within 5 1529 days after the written notification from the Chief Justice. If 1530 the Governor does not order the transfer, the Chief Financial 1531 Officer shall transfer the requested funds. The loan of funds 1532 from which any money is temporarily transferred must be repaid 1533 by the end of the 2023-2024 2022-2023 fiscal year. This 1534 subsection expires July 1, 2024 2023. 1535 Section 46.In order to implement Specific Appropriations 1536 1132 through 1143 of the 2023-2024 General Appropriations Act: 1537 (1)The Department of Juvenile Justice is required to 1538 review county juvenile detention payments to ensure that 1539 counties fulfill their financial responsibilities required in s. 1540 985.6865, Florida Statutes. If the Department of Juvenile 1541 Justice determines that a county has not met its obligations, 1542 the department shall direct the Department of Revenue to deduct 1543 the amount owed to the Department of Juvenile Justice from the 1544 funds provided to the county under s. 218.23, Florida Statutes. 1545 The Department of Revenue shall transfer the funds withheld to 1546 the Shared County/State Juvenile Detention Trust Fund. 1547 (2)As an assurance to holders of bonds issued by counties 1548 before July 1, 2023, for which distributions made pursuant to s. 1549 218.23, Florida Statutes, are pledged, or bonds issued to refund 1550 such bonds which mature no later than the bonds they refunded 1551 and which result in a reduction of debt service payable in each 1552 fiscal year, the amount available for distribution to a county 1553 shall remain as provided by law and continue to be subject to 1554 any lien or claim on behalf of the bondholders. The Department 1555 of Revenue must ensure, based on information provided by an 1556 affected county, that any reduction in amounts distributed 1557 pursuant to subsection (1) does not reduce the amount of 1558 distribution to a county below the amount necessary for the 1559 timely payment of principal and interest when due on the bonds 1560 and the amount necessary to comply with any covenant under the 1561 bond resolution or other documents relating to the issuance of 1562 the bonds. If a reduction to a countys monthly distribution 1563 must be decreased in order to comply with this section, the 1564 Department of Revenue must notify the Department of Juvenile 1565 Justice of the amount of the decrease, and the Department of 1566 Juvenile Justice must send a bill for payment of such amount to 1567 the affected county. 1568 1569 This section expires July 1, 2024. 1570 Section 47.In order to implement Specific Appropriations 1571 763 through 784, 932 through 1075, and 1096 through 1131 of the 1572 2023-2024 General Appropriations Act, and notwithstanding the 1573 expiration date in section 36 of chapter 2022-157, Laws of 1574 Florida, subsection (1), paragraph (a) of subsection (2), 1575 paragraph (a) of subsection (3), and subsections (5), (6), and 1576 (7) of section 27.40, Florida Statutes, are reenacted to read: 1577 27.40Court-appointed counsel; circuit registries; minimum 1578 requirements; appointment by court. 1579 (1)Counsel shall be appointed to represent any individual 1580 in a criminal or civil proceeding entitled to court-appointed 1581 counsel under the Federal or State Constitution or as authorized 1582 by general law. The court shall appoint a public defender to 1583 represent indigent persons as authorized in s. 27.51. The office 1584 of criminal conflict and civil regional counsel shall be 1585 appointed to represent persons in those cases in which provision 1586 is made for court-appointed counsel, but only after the public 1587 defender has certified to the court in writing that the public 1588 defender is unable to provide representation due to a conflict 1589 of interest or is not authorized to provide representation. The 1590 public defender shall report, in the aggregate, the specific 1591 basis of all conflicts of interest certified to the court. On a 1592 quarterly basis, the public defender shall submit this 1593 information to the Justice Administrative Commission. 1594 (2)(a)Private counsel shall be appointed to represent 1595 persons in those cases in which provision is made for court 1596 appointed counsel but only after the office of criminal conflict 1597 and civil regional counsel has been appointed and has certified 1598 to the court in writing that the criminal conflict and civil 1599 regional counsel is unable to provide representation due to a 1600 conflict of interest. The criminal conflict and civil regional 1601 counsel shall report, in the aggregate, the specific basis of 1602 all conflicts of interest certified to the court. On a quarterly 1603 basis, the criminal conflict and civil regional counsel shall 1604 submit this information to the Justice Administrative 1605 Commission. 1606 (3)In using a registry: 1607 (a)The chief judge of the circuit shall compile a list of 1608 attorneys in private practice, by county and by category of 1609 cases, and provide the list to the clerk of court in each 1610 county. The chief judge of the circuit may restrict the number 1611 of attorneys on the general registry list. To be included on a 1612 registry, an attorney must certify that he or she: 1613 1.Meets any minimum requirements established by the chief 1614 judge and by general law for court appointment; 1615 2.Is available to represent indigent defendants in cases 1616 requiring court appointment of private counsel; and 1617 3.Is willing to abide by the terms of the contract for 1618 services, s. 27.5304, and this section. 1619 1620 To be included on a registry, an attorney must enter into a 1621 contract for services with the Justice Administrative 1622 Commission. Failure to comply with the terms of the contract for 1623 services may result in termination of the contract and removal 1624 from the registry. Each attorney on the registry is responsible 1625 for notifying the clerk of the court and the Justice 1626 Administrative Commission of any change in his or her status. 1627 Failure to comply with this requirement is cause for termination 1628 of the contract for services and removal from the registry until 1629 the requirement is fulfilled. 1630 (5)The Justice Administrative Commission shall approve 1631 uniform contract forms for use in procuring the services of 1632 private court-appointed counsel and uniform procedures and forms 1633 for use by a court-appointed attorney in support of billing for 1634 attorneys fees, costs, and related expenses to demonstrate the 1635 attorneys completion of specified duties. Such uniform 1636 contracts and forms for use in billing must be consistent with 1637 s. 27.5304, s. 216.311, and the General Appropriations Act and 1638 must contain the following statement: The State of Floridas 1639 performance and obligation to pay under this contract is 1640 contingent upon an annual appropriation by the Legislature. 1641 (6)After court appointment, the attorney must immediately 1642 file a notice of appearance with the court indicating acceptance 1643 of the appointment to represent the defendant and of the terms 1644 of the uniform contract as specified in subsection (5). 1645 (7)(a)A private attorney appointed by the court from the 1646 registry to represent a client is entitled to payment as 1647 provided in s. 27.5304 so long as the requirements of subsection 1648 (1) and paragraph (2)(a) are met. An attorney appointed by the 1649 court who is not on the registry list may be compensated under 1650 s. 27.5304 only if the court finds in the order of appointment 1651 that there were no registry attorneys available for 1652 representation for that case and only if the requirements of 1653 subsection (1) and paragraph (2)(a) are met. 1654 (b)1.The flat fee established in s. 27.5304 and the 1655 General Appropriations Act shall be presumed by the court to be 1656 sufficient compensation. The attorney shall maintain appropriate 1657 documentation, including contemporaneous and detailed hourly 1658 accounting of time spent representing the client. If the 1659 attorney fails to maintain such contemporaneous and detailed 1660 hourly records, the attorney waives the right to seek 1661 compensation in excess of the flat fee established in s. 27.5304 1662 and the General Appropriations Act. These records and documents 1663 are subject to review by the Justice Administrative Commission 1664 and audit by the Auditor General, subject to the attorney-client 1665 privilege and work-product privilege. The attorney shall 1666 maintain the records and documents in a manner that enables the 1667 attorney to redact any information subject to a privilege in 1668 order to facilitate the commissions review of the records and 1669 documents and not to impede such review. The attorney may redact 1670 information from the records and documents only to the extent 1671 necessary to comply with the privilege. The Justice 1672 Administrative Commission shall review such records and shall 1673 contemporaneously document such review before authorizing 1674 payment to an attorney. Objections by or on behalf of the 1675 Justice Administrative Commission to records or documents or to 1676 claims for payment by the attorney shall be presumed correct by 1677 the court unless the court determines, in writing, that 1678 competent and substantial evidence exists to justify overcoming 1679 the presumption. 1680 2.If an attorney fails, refuses, or declines to permit the 1681 commission or the Auditor General to review documentation for a 1682 case as provided in this paragraph, the attorney waives the 1683 right to seek, and the commission may not pay, compensation in 1684 excess of the flat fee established in s. 27.5304 and the General 1685 Appropriations Act for that case. 1686 3.A finding by the commission that an attorney has waived 1687 the right to seek compensation in excess of the flat fee 1688 established in s. 27.5304 and the General Appropriations Act, as 1689 provided in this paragraph, shall be presumed to be correct, 1690 unless the court determines, in writing, that competent and 1691 substantial evidence exists to justify overcoming the 1692 presumption. 1693 Section 48.The text of s. 27.40(1), (2)(a), (3)(a), (5), 1694 (6), and (7), Florida Statutes, as carried forward from chapter 1695 2019-116, Laws of Florida, by this act, expires July 1, 2024, 1696 and the text of those subsections and paragraphs, as applicable, 1697 shall revert to that in existence on June 30, 2019, except that 1698 any amendments to such text enacted other than by this act shall 1699 be preserved and continue to operate to the extent that such 1700 amendments are not dependent upon the portions of text which 1701 expire pursuant to this section. 1702 Section 49.In order to implement Specific Appropriations 1703 763 through 784, 932 through 1075, and 1096 through 1131 of the 1704 2023-2024 General Appropriations Act, and notwithstanding the 1705 expiration date in section 38 of chapter 2022-157, Laws of 1706 Florida, subsections (6) and (13) of section 27.5304, Florida 1707 Statutes, are reenacted and amended, and subsections (1), (3), 1708 (7), and (11), and paragraphs (a) through (e) of subsection (12) 1709 of that section are reenacted, to read: 1710 27.5304Private court-appointed counsel; compensation; 1711 notice. 1712 (1)Private court-appointed counsel appointed in the manner 1713 prescribed in s. 27.40(1) and (2)(a) shall be compensated by the 1714 Justice Administrative Commission only as provided in this 1715 section and the General Appropriations Act. The flat fees 1716 prescribed in this section are limitations on compensation. The 1717 specific flat fee amounts for compensation shall be established 1718 annually in the General Appropriations Act. The attorney also 1719 shall be reimbursed for reasonable and necessary expenses in 1720 accordance with s. 29.007. If the attorney is representing a 1721 defendant charged with more than one offense in the same case, 1722 the attorney shall be compensated at the rate provided for the 1723 most serious offense for which he or she represented the 1724 defendant. This section does not allow stacking of the fee 1725 limits established by this section. 1726 (3)The court retains primary authority and responsibility 1727 for determining the reasonableness of all billings for attorney 1728 fees, costs, and related expenses, subject to statutory 1729 limitations and the requirements of s. 27.40(7). Private court 1730 appointed counsel is entitled to compensation upon final 1731 disposition of a case. 1732 (6)For compensation for representation pursuant to a court 1733 appointment in a proceeding under chapter 39: 1734 (a)At the trial level, compensation for representation for 1735 dependency proceedings shall not exceed $1,450 $1,000 for the 1736 first year following the date of appointment and shall not 1737 exceed $350 $200 each year thereafter. Compensation shall be 1738 paid based upon representation of a parent irrespective of the 1739 number of case numbers that may be assigned or the number of 1740 children involved, including any children born during the 1741 pendency of the proceeding. Any appeal, except for an appeal 1742 from an adjudication of dependency, shall be completed by the 1743 trial attorney and is considered compensated by the flat fee for 1744 dependency proceedings. 1745 1.Counsel may bill the flat fee not exceeding $1,450 1746 $1,000 following disposition or upon dismissal of the petition. 1747 2.Counsel may bill the annual flat fee not exceeding $350 1748 $200 following the first judicial review in the second year 1749 following the date of appointment and each year thereafter as 1750 long as the case remains under protective supervision. 1751 3.If the court grants a motion to reactivate protective 1752 supervision, the attorney shall receive the annual flat fee not 1753 exceeding $350 $200 following the first judicial review and up 1754 to an additional $350 $200 each year thereafter. 1755 4.If, during the course of dependency proceedings, a 1756 proceeding to terminate parental rights is initiated, 1757 compensation shall be as set forth in paragraph (b). If counsel 1758 handling the dependency proceeding is not authorized to handle 1759 proceedings to terminate parental rights, the counsel must 1760 withdraw and new counsel must be appointed. 1761 (b)At the trial level, compensation for representation in 1762 termination of parental rights proceedings shall not exceed 1763 $1,800 $1,000 for the first year following the date of 1764 appointment and shall not exceed $350 $200 each year thereafter. 1765 Compensation shall be paid based upon representation of a parent 1766 irrespective of the number of case numbers that may be assigned 1767 or the number of children involved, including any children born 1768 during the pendency of the proceeding. Any appeal, except for an 1769 appeal from an order granting or denying termination of parental 1770 rights, shall be completed by trial counsel and is considered 1771 compensated by the flat fee for termination of parental rights 1772 proceedings. If the individual has dependency proceedings 1773 ongoing as to other children, those proceedings are considered 1774 part of the termination of parental rights proceedings as long 1775 as that termination of parental rights proceeding is ongoing. 1776 1.Counsel may bill the flat fee not exceeding $1,800 1777 $1,000 30 days after rendition of the final order. Each request 1778 for payment submitted to the Justice Administrative Commission 1779 must include the trial counsels certification that: 1780 a.Counsel discussed grounds for appeal with the parent or 1781 that counsel attempted and was unable to contact the parent; and 1782 b.No appeal will be filed or that a notice of appeal and a 1783 motion for appointment of appellate counsel, containing the 1784 signature of the parent, have been filed. 1785 2.Counsel may bill the annual flat fee not exceeding $350 1786 $200 following the first judicial review in the second year 1787 after the date of appointment and each year thereafter as long 1788 as the termination of parental rights proceedings are still 1789 ongoing. 1790 (c)For appeals from an adjudication of dependency, 1791 compensation may not exceed $1,800 $1,000. 1792 1.Counsel may bill a flat fee not exceeding $1,200 $750 1793 upon filing the initial brief or the granting of a motion to 1794 withdraw. 1795 2.If a brief is filed, counsel may bill an additional flat 1796 fee not exceeding $600 $250 upon rendition of the mandate. 1797 (d)For an appeal from an adjudication of termination of 1798 parental rights, compensation may not exceed $3,500 $2,000. 1799 1.Counsel may bill a flat fee not exceeding $1,750 $1,000 1800 upon filing the initial brief or the granting of a motion to 1801 withdraw. 1802 2.If a brief is filed, counsel may bill an additional flat 1803 fee not exceeding $1,750 $1,000 upon rendition of the mandate. 1804 (7)Counsel eligible to receive compensation from the state 1805 for representation pursuant to court appointment made in 1806 accordance with the requirements of s. 27.40(1) and (2)(a) in a 1807 proceeding under chapter 384, chapter 390, chapter 392, chapter 1808 393, chapter 394, chapter 397, chapter 415, chapter 743, chapter 1809 744, or chapter 984 shall receive compensation not to exceed the 1810 limits prescribed in the General Appropriations Act. Any such 1811 compensation must be determined as provided in s. 27.40(7). 1812 (11)It is the intent of the Legislature that the flat fees 1813 prescribed under this section and the General Appropriations Act 1814 comprise the full and complete compensation for private court 1815 appointed counsel. It is further the intent of the Legislature 1816 that the fees in this section are prescribed for the purpose of 1817 providing counsel with notice of the limit on the amount of 1818 compensation for representation in particular proceedings and 1819 the sole procedure and requirements for obtaining payment for 1820 the same. 1821 (a)If court-appointed counsel moves to withdraw prior to 1822 the full performance of his or her duties through the completion 1823 of the case, the court shall presume that the attorney is not 1824 entitled to the payment of the full flat fee established under 1825 this section and the General Appropriations Act. 1826 (b)If court-appointed counsel is allowed to withdraw from 1827 representation prior to the full performance of his or her 1828 duties through the completion of the case and the court appoints 1829 a subsequent attorney, the total compensation for the initial 1830 and any and all subsequent attorneys may not exceed the flat fee 1831 established under this section and the General Appropriations 1832 Act, except as provided in subsection (12). 1833 1834 This subsection constitutes notice to any subsequently appointed 1835 attorney that he or she will not be compensated the full flat 1836 fee. 1837 (12)The Legislature recognizes that on rare occasions an 1838 attorney may receive a case that requires extraordinary and 1839 unusual effort. 1840 (a)If counsel seeks compensation that exceeds the limits 1841 prescribed by law, he or she must file a motion with the chief 1842 judge for an order approving payment of attorney fees in excess 1843 of these limits. 1844 1.Before filing the motion, the counsel shall deliver a 1845 copy of the intended billing, together with supporting 1846 affidavits and all other necessary documentation, to the Justice 1847 Administrative Commission. 1848 2.The Justice Administrative Commission shall review the 1849 billings, affidavit, and documentation for completeness and 1850 compliance with contractual and statutory requirements and shall 1851 contemporaneously document such review before authorizing 1852 payment to an attorney. If the Justice Administrative Commission 1853 objects to any portion of the proposed billing, the objection 1854 and supporting reasons must be communicated in writing to the 1855 private court-appointed counsel. The counsel may thereafter file 1856 his or her motion, which must specify whether the commission 1857 objects to any portion of the billing or the sufficiency of 1858 documentation, and shall attach the commissions letter stating 1859 its objection. 1860 (b)Following receipt of the motion to exceed the fee 1861 limits, the chief judge or a single designee shall hold an 1862 evidentiary hearing. The chief judge may select only one judge 1863 per circuit to hear and determine motions pursuant to this 1864 subsection, except multicounty circuits and the eleventh circuit 1865 may have up to two designees. 1866 1.At the hearing, the attorney seeking compensation must 1867 prove by competent and substantial evidence that the case 1868 required extraordinary and unusual efforts. The chief judge or 1869 single designee shall consider criteria such as the number of 1870 witnesses, the complexity of the factual and legal issues, and 1871 the length of trial. The fact that a trial was conducted in a 1872 case does not, by itself, constitute competent substantial 1873 evidence of an extraordinary and unusual effort. In a criminal 1874 case, relief under this section may not be granted if the number 1875 of work hours does not exceed 75 or the number of the states 1876 witnesses deposed does not exceed 20. 1877 2.Objections by or on behalf of the Justice Administrative 1878 Commission to records or documents or to claims for payment by 1879 the attorney shall be presumed correct by the court unless the 1880 court determines, in writing, that competent and substantial 1881 evidence exists to justify overcoming the presumption. The chief 1882 judge or single designee shall enter a written order detailing 1883 his or her findings and identifying the extraordinary nature of 1884 the time and efforts of the attorney in the case which warrant 1885 exceeding the flat fee established by this section and the 1886 General Appropriations Act. 1887 (c)A copy of the motion and attachments shall be served on 1888 the Justice Administrative Commission at least 20 business days 1889 before the date of a hearing. The Justice Administrative 1890 Commission has standing to appear before the court, and may 1891 appear in person or telephonically, including at the hearing 1892 under paragraph (b), to contest any motion for an order 1893 approving payment of attorney fees, costs, or related expenses 1894 and may participate in a hearing on the motion by use of 1895 telephonic or other communication equipment. The Justice 1896 Administrative Commission may contract with other public or 1897 private entities or individuals to appear before the court for 1898 the purpose of contesting any motion for an order approving 1899 payment of attorney fees, costs, or related expenses. The fact 1900 that the Justice Administrative Commission has not objected to 1901 any portion of the billing or to the sufficiency of the 1902 documentation is not binding on the court. 1903 (d)If the chief judge or a single designee finds that 1904 counsel has proved by competent and substantial evidence that 1905 the case required extraordinary and unusual efforts, the chief 1906 judge or single designee shall order the compensation to be paid 1907 to the attorney at a percentage above the flat fee rate, 1908 depending on the extent of the unusual and extraordinary effort 1909 required. The percentage must be only the rate necessary to 1910 ensure that the fees paid are not confiscatory under common law. 1911 The percentage may not exceed 200 percent of the established 1912 flat fee, absent a specific finding that 200 percent of the flat 1913 fee in the case would be confiscatory. If the chief judge or 1914 single designee determines that 200 percent of the flat fee 1915 would be confiscatory, he or she shall order the amount of 1916 compensation using an hourly rate not to exceed $75 per hour for 1917 a noncapital case and $100 per hour for a capital case. However, 1918 the compensation calculated by using the hourly rate shall be 1919 only that amount necessary to ensure that the total fees paid 1920 are not confiscatory, subject to the requirements of s. 1921 27.40(7). 1922 (e)Any order granting relief under this subsection must be 1923 attached to the final request for a payment submitted to the 1924 Justice Administrative Commission and must satisfy the 1925 requirements of subparagraph (b)2. 1926 (13)Notwithstanding the limitation set forth in subsection 1927 (5) and for the 2023-2024 2022-2023 fiscal year only, the 1928 compensation for representation in a criminal proceeding may not 1929 exceed the following: 1930 (a)For misdemeanors and juveniles represented at the trial 1931 level: $1,000. 1932 (b)For noncapital, nonlife felonies represented at the 1933 trial level: $15,000. 1934 (c)For life felonies represented at the trial level: 1935 $15,000. 1936 (d)For capital cases represented at the trial level: 1937 $25,000. For purposes of this paragraph, a capital case is any 1938 offense for which the potential sentence is death and the state 1939 has not waived seeking the death penalty. 1940 (e)For representation on appeal: $9,000. 1941 (f)This subsection expires July 1, 2024 2023. 1942 Section 50.The amendments made to s. 27.5304(6), Florida 1943 Statutes, by this act, and the text of s. 27.5304(1), (3), (7), 1944 (11), and (12)(a)-(e), Florida Statutes, as carried forward from 1945 chapter 2019-116, Laws of Florida, by this act, expire July 1, 1946 2024, and the text of those subsections and paragraphs, as 1947 applicable, shall revert to that in existence on June 30, 2019, 1948 except that any amendments to such text enacted other than by 1949 this act shall be preserved and continue to operate to the 1950 extent that such amendments are not dependent upon the portions 1951 of text which expire pursuant to this section. 1952 Section 51.In order to implement appropriations used to 1953 pay existing lease contracts for private lease space in excess 1954 of 2,000 square feet in the 2023-2024 General Appropriations 1955 Act, the Department of Management Services, with the cooperation 1956 of the agencies having the existing lease contracts for office 1957 or storage space, shall use tenant broker services to 1958 renegotiate or reprocure all private lease agreements for office 1959 or storage space expiring between July 1, 2024, and June 30, 1960 2026, in order to reduce costs in future years. The department 1961 shall incorporate this initiative into its 2023 master leasing 1962 report required under s. 255.249(7), Florida Statutes, and may 1963 use tenant broker services to explore the possibilities of 1964 collocating office or storage space, to review the space needs 1965 of each agency, and to review the length and terms of potential 1966 renewals or renegotiations. The department shall provide a 1967 report to the Executive Office of the Governor, the President of 1968 the Senate, and the Speaker of the House of Representatives by 1969 November 1, 2023, which lists each lease contract for private 1970 office or storage space, the status of renegotiations, and the 1971 savings achieved. This section expires July 1, 2024. 1972 Section 52.In order to implement appropriations authorized 1973 in the 2023-2024 General Appropriations Act for data center 1974 services, and notwithstanding s. 216.292(2)(a), Florida 1975 Statutes, an agency may not transfer funds from a data 1976 processing category to a category other than another data 1977 processing category. This section expires July 1, 2024. 1978 Section 53.In order to implement the appropriation of 1979 funds in the appropriation category Special Categories-Risk 1980 Management Insurance in the 2023-2024 General Appropriations 1981 Act, and pursuant to the notice, review, and objection 1982 procedures of s. 216.177, Florida Statutes, the Executive Office 1983 of the Governor may transfer funds appropriated in that category 1984 between departments in order to align the budget authority 1985 granted with the premiums paid by each department for risk 1986 management insurance. This section expires July 1, 2024. 1987 Section 54.In order to implement the appropriation of 1988 funds in the appropriation category Special Categories-Transfer 1989 to Department of Management Services-Human Resources Services 1990 Purchased per Statewide Contract in the 2023-2024 General 1991 Appropriations Act, and pursuant to the notice, review, and 1992 objection procedures of s. 216.177, Florida Statutes, the 1993 Executive Office of the Governor may transfer funds appropriated 1994 in that category between departments in order to align the 1995 budget authority granted with the assessments that must be paid 1996 by each agency to the Department of Management Services for 1997 human resource management services. This section expires July 1, 1998 2024. 1999 Section 55.In order to implement Specific Appropriation 2000 2871 in the 2023-2024 General Appropriations Act in the Building 2001 Relocation appropriation category from the Architects Incidental 2002 Trust Fund of the Department of Management Services, and in 2003 accordance with s. 215.196, Florida Statutes: 2004 (1)Upon the final disposition of a state-owned building, 2005 the Department of Management Services may use up to 5 percent of 2006 facility disposition funds from the Architects Incidental Trust 2007 Fund to defer, offset, or otherwise pay for all or a portion of 2008 relocation expenses including furniture, fixtures, and equipment 2009 for state agencies impacted by the disposition of the 2010 departments managed facilities in the Florida Facilities Pool. 2011 The extent of the financial assistance provided to impacted 2012 state agencies shall be determined by the department. 2013 (2)The Department of Management Services may submit budget 2014 amendments for an increase in appropriation if necessary for the 2015 implementation of this section pursuant to the provisions of 2016 chapter 216, Florida Statutes. Budget amendments for an increase 2017 in appropriation shall include a detailed plan providing all 2018 estimated costs and relocation proposals. 2019 (3)This section expires July 1, 2024. 2020 Section 56.In order to implement Specific Appropriations 2021 2449 through 2452 of the 2023-2024 General Appropriations Act: 2022 (1)The Department of Financial Services shall replace the 2023 four main components of the Florida Accounting Information 2024 Resource Subsystem (FLAIR), which include central FLAIR, 2025 departmental FLAIR, payroll, and information warehouse, and 2026 shall replace the cash management and accounting management 2027 components of the Cash Management Subsystem (CMS) with an 2028 integrated enterprise system that allows the state to organize, 2029 define, and standardize its financial management business 2030 processes and that complies with ss. 215.90-215.96, Florida 2031 Statutes. The department may not include in the replacement of 2032 FLAIR and CMS: 2033 (a)Functionality that duplicates any of the other 2034 information subsystems of the Florida Financial Management 2035 Information System; or 2036 (b)Agency business processes related to any of the 2037 functions included in the Personnel Information System, the 2038 Purchasing Subsystem, or the Legislative Appropriations 2039 System/Planning and Budgeting Subsystem. 2040 (2)For purposes of replacing FLAIR and CMS, the Department 2041 of Financial Services shall: 2042 (a)Take into consideration the cost and implementation 2043 data identified for Option 3 as recommended in the March 31, 2044 2014, Florida Department of Financial Services FLAIR Study, 2045 version 031. 2046 (b)Ensure that all business requirements and technical 2047 specifications have been provided to all state agencies for 2048 their review and input and approved by the executive steering 2049 committee established in paragraph (c), including any updates to 2050 these documents. 2051 (c)Implement a project governance structure that includes 2052 an executive steering committee composed of: 2053 1.The Chief Financial Officer or the executive sponsor of 2054 the project. 2055 2.A representative of the Division of Treasury of the 2056 Department of Financial Services, appointed by the Chief 2057 Financial Officer. 2058 3.The Chief Information Officers of the Department of 2059 Financial Services and the Department of Environmental 2060 Protection. 2061 4.Two employees from the Division of Accounting and 2062 Auditing of the Department of Financial Services, appointed by 2063 the Chief Financial Officer. Each employee must have experience 2064 relating to at least one of the four main components that 2065 compose FLAIR. 2066 5.Two employees from the Executive Office of the Governor, 2067 appointed by the Governor. One employee must have experience 2068 relating to the Legislative Appropriations System/Planning and 2069 Budgeting Subsystem. 2070 6.One employee from the Department of Revenue, appointed 2071 by the executive director, who has experience using or 2072 maintaining the departments finance and accounting systems. 2073 7.Two employees from the Department of Management 2074 Services, appointed by the Secretary of Management Services. One 2075 employee must have experience relating to the departments 2076 personnel information subsystem and one employee must have 2077 experience relating to the departments purchasing subsystem. 2078 8.A state agency administrative services director, 2079 appointed by the Governor. 2080 9.The executive sponsor of the Florida Health Care 2081 Connection (FX) System or his or her designee, appointed by the 2082 Secretary of Health Care Administration. 2083 10.The State Chief Information Officer, or his or her 2084 designee, as a nonvoting member. The State Chief Information 2085 Officer, or his or her designee, shall provide monthly status 2086 reports to the executive steering committee pursuant to the 2087 oversight responsibilities in s. 282.0051, Florida Statutes. 2088 11.One employee from the Department of Business and 2089 Professional Regulation who has experience in finance and 2090 accounting and FLAIR, appointed by the Secretary of Business and 2091 Professional Regulation. 2092 12.One employee from the Florida Fish and Wildlife 2093 Conservation Commission who has experience using or maintaining 2094 the commissions finance and accounting systems, appointed by 2095 the Chair of the Florida Fish and Wildlife Conservation 2096 Commission. 2097 13.The budget director of the Department of Education, or 2098 his or her designee. 2099 (3)(a)The Chief Financial Officer or the executive sponsor 2100 of the project shall serve as chair of the executive steering 2101 committee, and the committee shall take action by a vote of at 2102 least eight affirmative votes with the Chief Financial Officer 2103 or the executive sponsor of the project voting on the prevailing 2104 side. A quorum of the executive steering committee consists of 2105 at least 10 members. 2106 (b)No later than 14 days before a meeting of the executive 2107 steering committee, the chair shall request input from committee 2108 members on agenda items for the next scheduled meeting. 2109 (c)The chair shall establish a working group consisting of 2110 FLAIR users, state agency technical staff who maintain 2111 applications that integrate with FLAIR, and no less than four 2112 state agency finance and accounting or budget directors. The 2113 working group shall meet at least monthly to review PALM 2114 functionality, assess project impacts to state financial 2115 business processes and agency staff, and develop recommendations 2116 to the executive steering committee for improvements. The chair 2117 shall request input from the working group on agenda items for 2118 each scheduled meeting. The PALM project team shall dedicate a 2119 staff member to the group and provide system demonstrations and 2120 any project documentation, as needed, for the group to fulfill 2121 its duties. 2122 (4)The executive steering committee has the overall 2123 responsibility for ensuring that the project to replace FLAIR 2124 and CMS meets its primary business objectives and shall: 2125 (a)Identify and recommend to the Executive Office of the 2126 Governor, the President of the Senate, and the Speaker of the 2127 House of Representatives any statutory changes needed to 2128 implement the replacement subsystem that will standardize, to 2129 the fullest extent possible, the states financial management 2130 business processes. 2131 (b)Review and approve any changes to the projects scope, 2132 schedule, and budget which do not conflict with the requirements 2133 of subsection (1). 2134 (c)Ensure that adequate resources are provided throughout 2135 all phases of the project. 2136 (d)Approve all major project deliverables and any cost 2137 changes to each deliverable over $250,000. 2138 (e)Approve contract amendments and changes to all 2139 contract-related documents associated with the replacement of 2140 FLAIR and CMS. 2141 (f)Ensure compliance with ss. 216.181(16), 216.311, 2142 216.313, 282.318(4)(h), and 287.058, Florida Statutes. 2143 (5)This section expires July 1, 2024. 2144 Section 57.In order to implement Specific Appropriation 2145 2995 of the 2023-2024 General Appropriations Act, and 2146 notwithstanding the expiration date in section 54 of chapter 2147 2022-157, Laws of Florida, subsection (3) of section 282.709, 2148 Florida Statutes, is reenacted to read: 2149 282.709State agency law enforcement radio system and 2150 interoperability network. 2151 (3)In recognition of the critical nature of the statewide 2152 law enforcement radio communications system, the Legislature 2153 finds that there is an immediate danger to the public health, 2154 safety, and welfare, and that it is in the best interest of the 2155 state to continue partnering with the systems current operator. 2156 The Legislature finds that continuity of coverage is critical to 2157 supporting law enforcement, first responders, and other public 2158 safety users. The potential for a loss in coverage or a lack of 2159 interoperability between users requires emergency action and is 2160 a serious concern for officers safety and their ability to 2161 communicate and respond to various disasters and events. 2162 (a)The department, pursuant to s. 287.057(10), shall enter 2163 into a 15-year contract with the entity that was operating the 2164 statewide radio communications system on January 1, 2021. The 2165 contract must include: 2166 1.The purchase of radios; 2167 2.The upgrade to the Project 25 communications standard; 2168 3.Increased system capacity and enhanced coverage for 2169 system users; 2170 4.Operations, maintenance, and support at a fixed annual 2171 rate; 2172 5.The conveyance of communications towers to the 2173 department; and 2174 6.The assignment of communications tower leases to the 2175 department. 2176 (b)The State Agency Law Enforcement Radio System Trust 2177 Fund is established in the department and funded from surcharges 2178 collected under ss. 318.18, 320.0802, and 328.72. Upon 2179 appropriation, moneys in the trust fund may be used by the 2180 department to acquire the equipment, software, and engineering, 2181 administrative, and maintenance services it needs to construct, 2182 operate, and maintain the statewide radio system. Moneys in the 2183 trust fund from surcharges shall be used to help fund the costs 2184 of the system. Upon completion of the system, moneys in the 2185 trust fund may also be used by the department for payment of the 2186 recurring maintenance costs of the system. 2187 Section 58.The text of s. 282.709(3), Florida Statutes, as 2188 carried forward from chapter 2021-37, Laws of Florida, by this 2189 act, expires July 1, 2024, and the text of that subsection shall 2190 revert to that in existence on June 1, 2021, except that any 2191 amendments to such text enacted other than by this act shall be 2192 preserved and continue to operate to the extent that such 2193 amendments are not dependent upon the portions of text which 2194 expire pursuant to this section. 2195 Section 59.In order to implement appropriations relating 2196 to the purchase of equipment and services related to the 2197 Statewide Law Enforcement Radio System (SLERS) as authorized in 2198 the 2023-2024 General Appropriations Act, and notwithstanding s. 2199 287.057, Florida Statutes, state agencies and other eligible 2200 users of the SLERS network may use the Department of Management 2201 Services SLERS contract for purchase of equipment and services. 2202 This section expires July 1, 2024. 2203 Section 60.In order to implement Specific Appropriations 2204 2889 through 2900 of the 2023-2024 General Appropriations Act, 2205 and notwithstanding rule 60A-1.031, Florida Administrative Code, 2206 the transaction fee as identified in s. 287.057(24)(c), Florida 2207 Statutes, shall be collected for use of the online procurement 2208 system and is 0.7 percent for the 2023-2024 fiscal year only. 2209 This section expires July 1, 2024. 2210 Section 61.In order to implement Specific Appropriations 2211 2800 through 2824 of the 2023-2024 General Appropriations Act, 2212 and upon the expiration and reversion of the amendments made by 2213 section 57 of chapter 2022-157, Laws of Florida, paragraph (i) 2214 of subsection (9) of section 24.105, Florida Statutes, is 2215 amended to read: 2216 24.105Powers and duties of department.The department 2217 shall: 2218 (9)Adopt rules governing the establishment and operation 2219 of the state lottery, including: 2220 (i)The manner and amount of compensation of retailers, 2221 except for the 2023-2024 fiscal year only, effective July 1, 2222 2023, the commission for lottery ticket sales shall be 5.75 2223 percent of the purchase price of each ticket sold or issued as a 2224 prize by a retailer. Any additional retailer compensation is 2225 limited to the Florida Lottery Retailer Bonus Commission program 2226 appropriated in Specific Appropriation 2820 of the 2023-2024 2227 General Appropriations Act. 2228 Section 62.The amendment to s. 24.105(9)(i), Florida 2229 Statutes, made by this act expires July 1, 2024, and the text of 2230 that paragraph shall revert to that in existence on June 30, 2231 2022, except that any amendments to such text enacted other than 2232 by this act shall be preserved and continue to operate to the 2233 extent that such amendments are not dependent upon the portions 2234 of text which expire pursuant to this section. 2235 Section 63.In order to implement Specific Appropriations 2236 2441 through 2448 of the 2023-2024 General Appropriations Act, 2237 subsection (3) is added to section 717.123, Florida Statutes, to 2238 read: 2239 717.123Deposit of funds. 2240 (3)Notwithstanding subsection (1), and for the 2023-2024 2241 fiscal year, the department shall retain, from funds received 2242 under this chapter, an amount not exceeding $60 million from 2243 which the department shall make prompt payment of claims allowed 2244 by the department and shall pay the costs incurred by the 2245 department in administering and enforcing this chapter. This 2246 subsection expires July 1, 2024. 2247 Section 64.In order to implement section 163 of the 2023 2248 2024 General Appropriations Act, and notwithstanding chapter 212 2249 or chapter 215, Florida Statutes, the Department of Revenue may 2250 use the unexpended balance of funds provided to the department 2251 in section 155 of chapter 2022-156, Laws of Florida, from the 2252 Hillsborough County Transportation Discretionary Sales Surtax as 2253 provided in the 2023-2024 General Appropriations Act. 2254 Notwithstanding any other law, a taxpayer who files a claim for 2255 a refund pursuant to section 163 of the General Appropriations 2256 Act is not entitled to interest on any amount refunded. This 2257 section expires July 1, 2024. 2258 Section 65.In order to implement Specific Appropriations 2259 3033 through 3041 of the 2023-2024 General Appropriations Act, 2260 paragraph (ll) is added to subsection (6) of section 627.351, 2261 Florida Statutes, to read: 2262 627.351Insurance risk apportionment plans. 2263 (6)CITIZENS PROPERTY INSURANCE CORPORATION. 2264 (ll)1.In addition to any other method of alternative 2265 dispute resolution authorized by Florida law, the corporation 2266 may adopt policy forms which provide for the resolution of 2267 disputes regarding its claim determinations, including disputes 2268 regarding coverage for, or the scope and value of, a claim, in a 2269 proceeding before the Division of Administrative Hearings. Any 2270 such policy forms are not subject to s. 627.70154. 2271 2.The corporation may contract with the division to 2272 conduct proceedings to resolve disputes regarding its claim 2273 determinations as may be provided for in the applicable policies 2274 of insurance. 2275 3.This paragraph expires July 1, 2024. 2276 Section 66.In order to implement specific appropriations 2277 from the land acquisition trust funds within the Department of 2278 Agriculture and Consumer Services, the Department of 2279 Environmental Protection, the Department of State, and the Fish 2280 and Wildlife Conservation Commission, which are contained in the 2281 2023-2024 General Appropriations Act, subsection (3) of section 2282 215.18, Florida Statutes, is amended to read: 2283 215.18Transfers between funds; limitation. 2284 (3)Notwithstanding subsection (1) and only with respect to 2285 a land acquisition trust fund in the Department of Agriculture 2286 and Consumer Services, the Department of Environmental 2287 Protection, the Department of State, or the Fish and Wildlife 2288 Conservation Commission, whenever there is a deficiency in a 2289 land acquisition trust fund which would render that trust fund 2290 temporarily insufficient to meet its just requirements, 2291 including the timely payment of appropriations from that trust 2292 fund, and other trust funds in the State Treasury have moneys 2293 that are for the time being or otherwise in excess of the 2294 amounts necessary to meet the just requirements, including 2295 appropriated obligations, of those other trust funds, the 2296 Governor may order a temporary transfer of moneys from one or 2297 more of the other trust funds to a land acquisition trust fund 2298 in the Department of Agriculture and Consumer Services, the 2299 Department of Environmental Protection, the Department of State, 2300 or the Fish and Wildlife Conservation Commission. Any action 2301 proposed pursuant to this subsection is subject to the notice, 2302 review, and objection procedures of s. 216.177, and the Governor 2303 shall provide notice of such action at least 7 days before the 2304 effective date of the transfer of trust funds, except that 2305 during July 2023 2022, notice of such action shall be provided 2306 at least 3 days before the effective date of a transfer unless 2307 such 3-day notice is waived by the chair and vice chair of the 2308 Legislative Budget Commission. Any transfer of trust funds to a 2309 land acquisition trust fund in the Department of Agriculture and 2310 Consumer Services, the Department of Environmental Protection, 2311 the Department of State, or the Fish and Wildlife Conservation 2312 Commission must be repaid to the trust funds from which the 2313 moneys were loaned by the end of the 2023-2024 2022-2023 fiscal 2314 year. The Legislature has determined that the repayment of the 2315 other trust fund moneys temporarily loaned to a land acquisition 2316 trust fund in the Department of Agriculture and Consumer 2317 Services, the Department of Environmental Protection, the 2318 Department of State, or the Fish and Wildlife Conservation 2319 Commission pursuant to this subsection is an allowable use of 2320 the moneys in a land acquisition trust fund because the moneys 2321 from other trust funds temporarily loaned to a land acquisition 2322 trust fund shall be expended solely and exclusively in 2323 accordance with s. 28, Art. X of the State Constitution. This 2324 subsection expires July 1, 2024 2023. 2325 Section 67.(1)In order to implement specific 2326 appropriations from the land acquisition trust funds within the 2327 Department of Agriculture and Consumer Services, the Department 2328 of Environmental Protection, the Department of State, and the 2329 Fish and Wildlife Conservation Commission, which are contained 2330 in the 2023-2024 General Appropriations Act, the Department of 2331 Environmental Protection shall transfer revenues from the Land 2332 Acquisition Trust Fund within the department to the land 2333 acquisition trust funds within the Department of Agriculture and 2334 Consumer Services, the Department of State, and the Fish and 2335 Wildlife Conservation Commission, as provided in this section. 2336 As used in this section, the term department means the 2337 Department of Environmental Protection. 2338 (2)After subtracting any required debt service payments, 2339 the proportionate share of revenues to be transferred to each 2340 land acquisition trust fund shall be calculated by dividing the 2341 appropriations from each of the land acquisition trust funds for 2342 the fiscal year by the total appropriations from the Land 2343 Acquisition Trust Fund within the department and the land 2344 acquisition trust funds within the Department of Agriculture and 2345 Consumer Services, the Department of State, and the Fish and 2346 Wildlife Conservation Commission for the fiscal year. The 2347 department shall transfer the proportionate share of the 2348 revenues in the Land Acquisition Trust Fund within the 2349 department on a monthly basis to the appropriate land 2350 acquisition trust funds within the Department of Agriculture and 2351 Consumer Services, the Department of State, and the Fish and 2352 Wildlife Conservation Commission and shall retain its 2353 proportionate share of the revenues in the Land Acquisition 2354 Trust Fund within the department. Total distributions to a land 2355 acquisition trust fund within the Department of Agriculture and 2356 Consumer Services, the Department of State, and the Fish and 2357 Wildlife Conservation Commission may not exceed the total 2358 appropriations from such trust fund for the fiscal year. 2359 (3)In addition, the department shall transfer from the 2360 Land Acquisition Trust Fund to land acquisition trust funds 2361 within the Department of Agriculture and Consumer Services, the 2362 Department of State, and the Fish and Wildlife Conservation 2363 Commission amounts equal to the difference between the amounts 2364 appropriated in chapter 2022-156, Laws of Florida, to the 2365 departments Land Acquisition Trust Fund and the other land 2366 acquisition trust funds, and the amounts actually transferred 2367 between those trust funds during the 2022-2023 fiscal year. 2368 (4)The department may advance funds from the beginning 2369 unobligated fund balance in the Land Acquisition Trust Fund to 2370 the Land Acquisition Trust Fund within the Fish and Wildlife 2371 Conservation Commission needed for cash flow purposes based on a 2372 detailed expenditure plan. The department shall prorate amounts 2373 transferred quarterly to the Fish and Wildlife Conservation 2374 Commission to recoup the amount of funds advanced by June 30, 2375 2024. 2376 (5)This section expires July 1, 2024. 2377 Section 68.In order to implement Specific Appropriation 2378 1641 of the 2023-2024 General Appropriations Act, paragraph (m) 2379 of subsection (3) of section 259.105, Florida Statutes, is 2380 amended to read: 2381 259.105The Florida Forever Act. 2382 (3)Less the costs of issuing and the costs of funding 2383 reserve accounts and other costs associated with bonds, the 2384 proceeds of cash payments or bonds issued pursuant to this 2385 section shall be deposited into the Florida Forever Trust Fund 2386 created by s. 259.1051. The proceeds shall be distributed by the 2387 Department of Environmental Protection in the following manner: 2388 (m)Notwithstanding paragraphs (a)-(j) and for the 2023 2389 2024 fiscal year, the proceeds shall be distributed as provided 2390 in the General Appropriations Act. This paragraph expires July 2391 1, 2024 Notwithstanding paragraphs (a)-(j) and for the 2021-2022 2392 fiscal year, the amount of $1,998,100 to only the Department of 2393 Environmental Protection for grants pursuant to s. 375.075. This 2394 paragraph expires July 1, 2022. 2395 Section 69.In order to implement Specific Appropriation 2396 1438 of the 2023-2024 General Appropriations Act, and 2397 notwithstanding the expiration date in section 64 of chapter 2398 2022-157, Laws of Florida, paragraph (a) of subsection (1) of 2399 section 570.93, Florida Statutes, is reenacted to read: 2400 570.93Department of Agriculture and Consumer Services; 2401 agricultural water conservation and agricultural water supply 2402 planning. 2403 (1)The department shall establish an agricultural water 2404 conservation program that includes the following: 2405 (a)A cost-share program, coordinated with the United 2406 States Department of Agriculture and other federal, state, 2407 regional, and local agencies when appropriate, for irrigation 2408 system retrofit and application of mobile irrigation laboratory 2409 evaluations, and for water conservation and water quality 2410 improvement pursuant to s. 403.067(7)(c). 2411 Section 70.The text of s. 570.93(1)(a), Florida Statutes, 2412 as carried forward from chapter 2019-116, Laws of Florida, by 2413 this act expires July 1, 2024, and the text of that paragraph 2414 shall revert to that in existence on June 30, 2019, except that 2415 any amendments to such text enacted other than by this act shall 2416 be preserved and continue to operate to the extent that such 2417 amendments are not dependent upon the portions of text which 2418 expire pursuant to this section. 2419 Section 71.In order to implement Specific Appropriation 2420 1757 of the 2023-2024 General Appropriations Act, and 2421 notwithstanding the expiration date in section 66 of chapter 2422 2022-157, Laws of Florida, paragraph (g) of subsection (15) of 2423 section 376.3071, Florida Statutes, is reenacted to read: 2424 376.3071Inland Protection Trust Fund; creation; purposes; 2425 funding. 2426 (15)ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.The 2427 department shall pay, pursuant to this subsection, up to $10 2428 million each fiscal year from the fund for the costs of labor 2429 and equipment to repair or replace petroleum storage systems 2430 that may have been damaged due to the storage of fuels blended 2431 with ethanol or biodiesel, or for preventive measures to reduce 2432 the potential for such damage. 2433 (g)Payments may not be made for the following: 2434 1.Proposal costs or costs related to preparation of the 2435 application and required documentation; 2436 2.Certified public accountant costs; 2437 3.Except as provided in paragraph (j), any costs in excess 2438 of the amount approved by the department under paragraph (b) or 2439 which are not in substantial compliance with the purchase order; 2440 4.Costs associated with storage tanks, piping, or 2441 ancillary equipment that has previously been repaired or 2442 replaced for which costs have been paid under this section; 2443 5.Facilities that are not in compliance with department 2444 storage tank rules, until the noncompliance issues have been 2445 resolved; or 2446 6.Costs associated with damage to petroleum storage 2447 systems caused in whole or in part by causes other than the 2448 storage of fuels blended with ethanol or biodiesel. 2449 Section 72.The text of s. 376.3071(15)(g), Florida 2450 Statutes, as carried forward from chapter 2020-114, Laws of 2451 Florida, by this act, expires July 1, 2024, and the text of that 2452 paragraph shall revert to that in existence on July 1, 2020, but 2453 not including any amendments made by this act or chapter 2020 2454 114, Laws of Florida, and any amendments to such text enacted 2455 other than by this act shall be preserved and continue to 2456 operate to the extent that such amendments are not dependent 2457 upon the portion of text which expires pursuant to this section. 2458 Section 73.In order to implement Specific Appropriation 2459 1740 of the 2023-2024 General Appropriations Act, and in order 2460 to expedite the closure of the Piney Point facility located in 2461 Manatee County, the Department of Environmental Protection is 2462 exempt from the competitive procurement requirements of s. 2463 287.057, Florida Statutes, for any procurement of commodities or 2464 contractual services in support of the site closure or to 2465 address environmental impacts associated with the system 2466 failure. This section expires July 1, 2024. 2467 Section 74.In order to implement Specific Appropriations 2468 1423 through 1595A of the 2023-2024 General Appropriations Act, 2469 and notwithstanding s. 20.04(7), Florida Statutes, the 2470 Department of Agriculture and Consumer Services may reorganize 2471 departmental units without a recommendation by the Department of 2472 Management Services or approval by the Executive Office of the 2473 Governor. This section expires July 1, 2024. 2474 Section 75.In order to implement Specific Appropriation 2475 2267 of the 2023-2024 General Appropriations Act, and 2476 notwithstanding chapter 287, Florida Statutes, the Department of 2477 Citrus shall enter into agreements for the purpose of increasing 2478 production of trees that show tolerance or resistance to citrus 2479 greening and to commercialize technologies that produce 2480 tolerance or resistance to citrus greening in trees. The 2481 department shall enter into these agreements no later than 2482 August 31, 2023, and shall file with the departments Inspector 2483 General a certification of conditions and circumstances 2484 justifying each agreement entered into without competitive 2485 solicitation. This section expires July 1, 2024. 2486 Section 76.In order to implement Specific Appropriation 2487 2722 of the 2023-2024 General Appropriations Act, paragraph (b) 2488 of subsection (3) and subsection (5) of section 321.04, Florida 2489 Statutes, are amended to read: 2490 321.04Personnel of the highway patrol; rank 2491 classifications; probationary status of new patrol officers; 2492 subsistence; special assignments. 2493 (3) 2494 (b)For the 2023-2024 2022-2023 fiscal year only, upon the 2495 request of the Governor, the Department of Highway Safety and 2496 Motor Vehicles shall assign one or more patrol officers to the 2497 office of the Lieutenant Governor for security services. This 2498 paragraph expires July 1, 2024 2023. 2499 (5)For the 2023-2024 2022-2023 fiscal year only, the 2500 assignment of a patrol officer by the department shall include a 2501 Cabinet member specified in s. 4, Art. IV of the State 2502 Constitution if deemed appropriate by the department or in 2503 response to a threat and upon written request of such Cabinet 2504 member. This subsection expires July 1, 2024 2023. 2505 Section 77.In order to implement section 165 of the 2023 2506 2024 General Appropriations Act, subsection (3) of section 2507 288.80125, Florida Statutes, is amended to read: 2508 288.80125Triumph Gulf Coast Trust Fund. 2509 (3)For the 2023-2024 2022-2023 fiscal year, funds shall be 2510 used for the Rebuild Florida Revolving Loan Fund program to 2511 provide assistance to businesses impacted by Hurricane Michael 2512 as provided in the General Appropriations Act. This subsection 2513 expires July 1, 2024 2023. 2514 Section 78.In order to implement Specific Appropriation 2515 2277 of the 2023-2024 General Appropriations Act, subsection (3) 2516 of section 288.8013, Florida Statutes, is amended to read: 2517 288.8013Triumph Gulf Coast, Inc.; creation; funding; 2518 investment. 2519 (3)Triumph Gulf Coast, Inc., shall establish a trust 2520 account at a federally insured financial institution to hold 2521 funds received from the Triumph Gulf Coast Trust Fund and make 2522 deposits and payments. Interest earned in the trust account 2523 shall be deposited monthly into the Triumph Gulf Coast Trust 2524 Fund. Triumph Gulf Coast, Inc., may invest surplus funds in the 2525 Local Government Surplus Funds Trust Fund, pursuant to s. 2526 218.407. Earnings generated by investments and interest of the 2527 fund may be retained and used to make awards pursuant to this 2528 act, and interest earned, net of fees, shall be transferred 2529 monthly into the Triumph Gulf Coast Trust Fund. Administrative 2530 costs may include payment of travel and per diem expenses of 2531 board members, audits, salary or other costs for employed or 2532 contracted staff, including required staff under s. 288.8014(9), 2533 and other allowable costs. The annual salary for any employee or 2534 contracted staff may not exceed $130,000, and associated 2535 benefits may not exceed 35 percent of salary. 2536 Section 79.The amendments to s. 288.8013(3), Florida 2537 Statutes, made by this act expire July 1, 2024, and the text of 2538 that subsection shall revert to that in existence on June 30, 2539 2023, except that any amendments to such text enacted other than 2540 by this act shall be preserved and continue to operate to the 2541 extent that such amendments are not dependent upon the portions 2542 of text which expire pursuant to this section. 2543 Section 80.In order to implement sections 163 and 193 of 2544 the 2023-2024 General Appropriations Act, subsection (4) of 2545 section 339.08, Florida Statutes, is amended to read: 2546 339.08Use of moneys in State Transportation Trust Fund. 2547 (4)Notwithstanding any other law, and for the 2023-2024 2548 2022-2023 fiscal year only, funds are appropriated to the State 2549 Transportation Trust Fund from the General Revenue Fund or the 2550 Discretionary Sales Surtax Clearing Trust Fund as provided in 2551 the General Appropriations Act. The department is not required 2552 to deplete the resources transferred from the General Revenue 2553 Fund for the fiscal year as required in s. 339.135(3)(b), and 2554 the funds may not be used in calculating the required quarterly 2555 cash balance of the trust fund as required in s. 339.135(6)(b). 2556 The department shall track and account for such appropriated 2557 funds from the General Revenue Fund as a separate funding source 2558 for eligible projects on the State Highway System and from the 2559 Discretionary Sales Surtax Clearing Trust Fund for eligible 2560 projects pursuant to the General Appropriations Act grants to 2561 Florida ports. This subsection expires July 1, 2024 2023. 2562 Section 81.In order to implement Specific Appropriations 2563 1992 through 2005, 2015, 2016, 2024 through 2035, 2037 through 2564 2045, and 2080 through 2093 of the 2023-2024 General 2565 Appropriations Act, paragraph (h) of subsection (7) of section 2566 339.135, Florida Statutes, is amended to read: 2567 339.135Work program; legislative budget request; 2568 definitions; preparation, adoption, execution, and amendment. 2569 (7)AMENDMENT OF THE ADOPTED WORK PROGRAM. 2570 (h)1.Any work program amendment that also adds a new 2571 project, or phase thereof, to the adopted work program in excess 2572 of $3 million is subject to approval by the Legislative Budget 2573 Commission. Any work program amendment submitted under this 2574 paragraph must include, as supplemental information, a list of 2575 projects, or phases thereof, in the current 5-year adopted work 2576 program which are eligible for the funds within the 2577 appropriation category being used for the proposed amendment. 2578 The department shall provide a narrative with the rationale for 2579 not advancing an existing project, or phase thereof, in lieu of 2580 the proposed amendment. 2581 2.If the department submits an amendment to the 2582 Legislative Budget Commission and the commission does not meet 2583 or consider the amendment within 30 days after its submittal, 2584 the chair and vice chair of the commission may authorize the 2585 amendment to be approved pursuant to s. 216.177. This 2586 subparagraph expires July 1, 2024 2023. 2587 Section 82.In order to implement Specific Appropriations 2588 1992 through 2005, 2015, 2016, 2024 through 2035, 2037 through 2589 2045, and 2080 through 2093 of the 2023-2024 General 2590 Appropriations Act, subsection (3) of section 338.165, Florida 2591 Statutes, is amended to read: 2592 338.165Continuation of tolls. 2593 (3)(a)Notwithstanding any other provision of law, the 2594 department, including the turnpike enterprise, shall index toll 2595 rates on existing toll facilities to the annual Consumer Price 2596 Index or similar inflation indicators. Toll rate adjustments for 2597 inflation under this subsection may be made no more frequently 2598 than once a year and must be made no less frequently than once 2599 every 5 years as necessary to accommodate cash toll rate 2600 schedules. Toll rates may be increased beyond these limits as 2601 directed by bond documents, covenants, or governing body 2602 authorization or pursuant to department administrative rule. 2603 (b)No toll rate adjustment for inflation may be made under 2604 this subsection for the 2023-2024 2022-2023 fiscal year. This 2605 paragraph expires July 1, 2024 2023. 2606 Section 83.In order to implement Specific Appropriation 2607 3067 of the 2023-2024 General Appropriations Act, section 2608 250.245, Florida Statutes, is created to read: 2609 250.245Florida National Guard Joint Enlistment Enhancement 2610 Program. 2611 (1)The Florida National Guard Joint Enlistment Enhancement 2612 Program (JEEP) is established within the Department of Military 2613 Affairs. The purpose of the program is to motivate soldiers, 2614 airmen, and retirees of the Florida National Guard to bolster 2615 recruitment efforts and increase the force structure of the 2616 Florida National Guard. 2617 (2)As used in this section, the term recruiting 2618 assistant means a member of the Florida National Guard or a 2619 retiree of the Florida National Guard who assists in the 2620 recruitment of a new member and who provides motivation, 2621 encouragement, and moral support until the enlistment of such 2622 new member. 2623 (3)A current member in pay grade E-1 to O-3 or a retiree 2624 in any pay grade is eligible for participation in JEEP as a 2625 recruiting assistant. 2626 (4)The Adjutant General shall provide compensation to 2627 recruiting assistants participating in JEEP. A recruiting 2628 assistant shall receive $250 for each new member referred by 2629 them to the Florida National Guard upon the enlistment of such 2630 referred member. 2631 (5)The Department of Military Affairs, in cooperation with 2632 the Florida National Guard, shall adopt rules to administer the 2633 program. 2634 (6)This section expires July 1, 2024. 2635 Section 84.In order to implement Specific Appropriations 2636 2687 through 2696 of the 2023-2024 General Appropriations Act, 2637 and notwithstanding ss. 216.181 and 216.292, Florida Statutes, 2638 the Division of Emergency Management may submit budget 2639 amendments, subject to the notice, review, and objection 2640 procedures of s. 216.177, Florida Statutes, to increase budget 2641 authority for projected expenditures due to reimbursements from 2642 federally declared disasters. This section expires July 1, 2024. 2643 Section 85.In order to implement Specific Appropriation 2644 2654 of the 2023-2024 General Appropriations Act, paragraph (d) 2645 of subsection (4) of section 112.061, Florida Statutes, is 2646 amended to read: 2647 112.061Per diem and travel expenses of public officers, 2648 employees, and authorized persons; statewide travel management 2649 system. 2650 (4)OFFICIAL HEADQUARTERS.The official headquarters of an 2651 officer or employee assigned to an office shall be the city or 2652 town in which the office is located except that: 2653 (d)A Lieutenant Governor who permanently resides outside 2654 of Leon County, may, if he or she so requests, have an 2655 appropriate facility in his or her county designated as his or 2656 her official headquarters for purposes of this section. This 2657 official headquarters may only serve as the Lieutenant 2658 Governors personal office. The Lieutenant Governor may not use 2659 state funds to lease space in any facility for his or her 2660 official headquarters. 2661 1.A Lieutenant Governor for whom an official headquarters 2662 is established in his or her county of residence pursuant to 2663 this paragraph is eligible for subsistence at a rate to be 2664 established by the Governor for each day or partial day that the 2665 Lieutenant Governor is at the State Capitol to conduct official 2666 state business. In addition to the subsistence allowance, a 2667 Lieutenant Governor is eligible for reimbursement for 2668 transportation expenses as provided in subsection (7) for travel 2669 between the Lieutenant Governors official headquarters and the 2670 State Capitol to conduct state business. 2671 2.Payment of subsistence and reimbursement for 2672 transportation between a Lieutenant Governors official 2673 headquarters and the State Capitol shall be made to the extent 2674 appropriated funds are available, as determined by the Governor. 2675 3.This paragraph expires July 1, 2024 2023. 2676 Section 86.Effective upon this act becoming a law, in 2677 order to implement section 8 of the 2023-2024 General 2678 Appropriations Act: 2679 (1)The Department of Management Services, pursuant to s. 2680 110.123(3), Florida Statutes, shall release, during the 2021 2681 2022 fiscal year or 2022-2023 fiscal year, competitive 2682 procurements for third-party administrative services for 2683 preferred provider organization plans, health maintenance 2684 organization services, and pharmacy benefits manager services to 2685 become effective January 1, 2024. 2686 (2)Such competitive procurements and resultant contracts 2687 shall continue the State Group Health Insurance Standard Plans, 2688 State Group Health Insurance High Deductible Plans, State Group 2689 Health Maintenance Organization Standard Plans, and State Group 2690 Health Maintenance Organization High Deductible Plans within the 2691 State Group Insurance Program. The benefits provided under each 2692 of the plans shall be those benefits as provided in the Plan 2693 Year 2023 State Employees PPO Plan Group Health Insurance Plan 2694 Booklet and Benefit Document and the Plan Year 2023 Health 2695 Maintenance Organization contracts and benefit documents, 2696 modified only by revisions approved by the Legislature. 2697 (3)It is the intent of the Legislature that state agencies 2698 operate in an efficient manner and contract for necessary 2699 services in the best interests of the state and its residents. 2700 In recognition of the limitations otherwise placed on state 2701 agencies pursuant to s. 216.311, Florida Statutes, when 2702 contracting for services, the Department of Management Services, 2703 when contracting for administrative services relating to the 2704 administration of the health plans beginning in plan year 2024, 2705 may enter into contracts that may require the payment of 2706 administrative fees not to exceed 110 percent of the amount 2707 appropriated in the 2023-2024 General Appropriations Act to the 2708 Division of State Group Insurance for such services. 2709 (4)Notwithstanding s. 110.123(3)(f), Florida Statutes, the 2710 Department of Management Services shall maintain and offer the 2711 same PPO and HMO health plan alternatives to the participants of 2712 the State Group Health Insurance Program during the 2023-2024 2713 fiscal year which were in effect for the 2022-2023 fiscal year. 2714 2715 This section expires July 1, 2024. 2716 Section 87.In order to implement Specific Appropriations 2717 2787 and 2788 of the 2023-2024 General Appropriations Act, and 2718 notwithstanding s. 11.13(1), Florida Statutes, the authorized 2719 salaries for members of the Legislature for the 2023-2024 fiscal 2720 year shall be set at the same level in effect on July 1, 2010. 2721 This section expires July 1, 2024. 2722 Section 88.In order to implement the transfer of funds 2723 from the General Revenue Fund from trust funds for the 2023-2024 2724 General Appropriations Act, and notwithstanding the expiration 2725 date in section 86 of chapter 2022-157, Laws of Florida, 2726 paragraph (b) of subsection (2) of section 215.32, Florida 2727 Statutes, is reenacted to read: 2728 215.32State funds; segregation. 2729 (2)The source and use of each of these funds shall be as 2730 follows: 2731 (b)1.The trust funds shall consist of moneys received by 2732 the state which under law or under trust agreement are 2733 segregated for a purpose authorized by law. The state agency or 2734 branch of state government receiving or collecting such moneys 2735 is responsible for their proper expenditure as provided by law. 2736 Upon the request of the state agency or branch of state 2737 government responsible for the administration of the trust fund, 2738 the Chief Financial Officer may establish accounts within the 2739 trust fund at a level considered necessary for proper 2740 accountability. Once an account is established, the Chief 2741 Financial Officer may authorize payment from that account only 2742 upon determining that there is sufficient cash and releases at 2743 the level of the account. 2744 2.In addition to other trust funds created by law, to the 2745 extent possible, each agency shall use the following trust funds 2746 as described in this subparagraph for day-to-day operations: 2747 a.Operations or operating trust fund, for use as a 2748 depository for funds to be used for program operations funded by 2749 program revenues, with the exception of administrative 2750 activities when the operations or operating trust fund is a 2751 proprietary fund. 2752 b.Operations and maintenance trust fund, for use as a 2753 depository for client services funded by third-party payors. 2754 c.Administrative trust fund, for use as a depository for 2755 funds to be used for management activities that are departmental 2756 in nature and funded by indirect cost earnings and assessments 2757 against trust funds. Proprietary funds are excluded from the 2758 requirement of using an administrative trust fund. 2759 d.Grants and donations trust fund, for use as a depository 2760 for funds to be used for allowable grant or donor agreement 2761 activities funded by restricted contractual revenue from private 2762 and public nonfederal sources. 2763 e.Agency working capital trust fund, for use as a 2764 depository for funds to be used pursuant to s. 216.272. 2765 f.Clearing funds trust fund, for use as a depository for 2766 funds to account for collections pending distribution to lawful 2767 recipients. 2768 g.Federal grant trust fund, for use as a depository for 2769 funds to be used for allowable grant activities funded by 2770 restricted program revenues from federal sources. 2771 2772 To the extent possible, each agency must adjust its internal 2773 accounting to use existing trust funds consistent with the 2774 requirements of this subparagraph. If an agency does not have 2775 trust funds listed in this subparagraph and cannot make such 2776 adjustment, the agency must recommend the creation of the 2777 necessary trust funds to the Legislature no later than the next 2778 scheduled review of the agencys trust funds pursuant to s. 2779 215.3206. 2780 3.All such moneys are hereby appropriated to be expended 2781 in accordance with the law or trust agreement under which they 2782 were received, subject always to the provisions of chapter 216 2783 relating to the appropriation of funds and to the applicable 2784 laws relating to the deposit or expenditure of moneys in the 2785 State Treasury. 2786 4.a.Notwithstanding any provision of law restricting the 2787 use of trust funds to specific purposes, unappropriated cash 2788 balances from selected trust funds may be authorized by the 2789 Legislature for transfer to the Budget Stabilization Fund and 2790 General Revenue Fund in the General Appropriations Act. 2791 b.This subparagraph does not apply to trust funds required 2792 by federal programs or mandates; trust funds established for 2793 bond covenants, indentures, or resolutions whose revenues are 2794 legally pledged by the state or public body to meet debt service 2795 or other financial requirements of any debt obligations of the 2796 state or any public body; the Division of Licensing Trust Fund 2797 in the Department of Agriculture and Consumer Services; the 2798 State Transportation Trust Fund; the trust fund containing the 2799 net annual proceeds from the Florida Education Lotteries; the 2800 Florida Retirement System Trust Fund; trust funds under the 2801 management of the State Board of Education or the Board of 2802 Governors of the State University System, where such trust funds 2803 are for auxiliary enterprises, self-insurance, and contracts, 2804 grants, and donations, as those terms are defined by general 2805 law; trust funds that serve as clearing funds or accounts for 2806 the Chief Financial Officer or state agencies; trust funds that 2807 account for assets held by the state in a trustee capacity as an 2808 agent or fiduciary for individuals, private organizations, or 2809 other governmental units; and other trust funds authorized by 2810 the State Constitution. 2811 Section 89.The text of s. 215.32(2)(b), Florida Statutes, 2812 as carried forward from chapter 2011-47, Laws of Florida, by 2813 this act, expires July 1, 2024, and the text of that paragraph 2814 shall revert to that in existence on June 30, 2011, except that 2815 any amendments to such text enacted other than by this act shall 2816 be preserved and continue to operate to the extent that such 2817 amendments are not dependent upon the portions of text which 2818 expire pursuant to this section. 2819 Section 90.In order to implement appropriations in the 2820 2023-2024 General Appropriations Act for state employee travel, 2821 the funds appropriated to each state agency which may be used 2822 for travel by state employees are limited during the 2023-2024 2823 fiscal year to travel for activities that are critical to each 2824 state agencys mission. Funds may not be used for travel by 2825 state employees to foreign countries, other states, conferences, 2826 staff training activities, or other administrative functions 2827 unless the agency head has approved, in writing, that such 2828 activities are critical to the agencys mission. The agency head 2829 shall consider using teleconferencing and other forms of 2830 electronic communication to meet the needs of the proposed 2831 activity before approving mission-critical travel. This section 2832 does not apply to travel for law enforcement purposes, military 2833 purposes, emergency management activities, or public health 2834 activities. This section expires July 1, 2024. 2835 Section 91.In order to implement appropriations in the 2836 2023-2024 General Appropriations Act for state employee travel 2837 and notwithstanding s. 112.061, Florida Statutes, costs for 2838 lodging associated with a meeting, conference, or convention 2839 organized or sponsored in whole or in part by a state agency or 2840 the judicial branch may not exceed $175 per day. An employee may 2841 expend his or her own funds for any lodging expenses in excess 2842 of $175 per day. For purposes of this section, a meeting does 2843 not include travel activities for conducting an audit, 2844 examination, inspection, or investigation or travel activities 2845 related to a litigation or emergency response. This section 2846 expires July 1, 2024. 2847 Section 92.In order to implement appropriations in the 2848 2023-2024 General Appropriations Act for the acquisitions of 2849 motor vehicles, and notwithstanding chapter 287, Florida 2850 Statutes, relating to the purchase of motor vehicles from a 2851 state term contract, state agencies may purchase vehicles from 2852 nonstate term contract vendors without prior approval from the 2853 Department of Management Services, provided the cost of the 2854 motor vehicle is equal to or less than the cost of a similar 2855 class of vehicle found on a state term contract and provided the 2856 funds for the purchase have been specifically appropriated. This 2857 section expires July 1, 2024. 2858 Section 93.Effective upon this act becoming a law, in 2859 order to implement appropriations in the 2023-2024 General 2860 Appropriations Act for the development and implementation of the 2861 electronic filing system provided in section 112.3144, Florida 2862 Statutes, and notwithstanding the expiration date in section 92 2863 of chapter 2022-157, Laws of Florida, subsection (2), paragraph 2864 (c) of subsection (6), paragraphs (a) and (c) of subsection (7), 2865 and subsection (8) of section 112.3144, Florida Statutes, are 2866 reenacted and amended to read: 2867 112.3144Full and public disclosure of financial 2868 interests. 2869 (2)Beginning January 1, 2023, all disclosures filed with 2870 the commission must be filed electronically through an 2871 electronic filing system that is created and maintained by the 2872 commission as provided in s. 112.31446. 2873 (6) 2874 (c)Each separate source and amount of income which exceeds 2875 $1,000 must be identified. For the purpose of a filer reporting 2876 income, the commission shall accept federal income tax returns, 2877 financial statements, and other forms or attachments showing 2878 sources of income. If a filer submits a federal income tax 2879 return as a substitute for reporting income, he or she must also 2880 include all attachments and schedules associated with the 2881 federal income tax return Beginning January 1, 2023, a federal 2882 income tax return may not be used for purposes of reporting 2883 income, and the commission may not accept a federal income tax 2884 return or a copy thereof. 2885 (7)(a)Beginning January 1, 2023, a filer may not include 2886 in a filing to the commission a federal income tax return or a 2887 copy thereof; a social security number; a bank, mortgage, or 2888 brokerage account number; a debit, charge, or credit card 2889 number; a personal identification number; or a taxpayer 2890 identification number. If a filer includes such information in 2891 his or her filing, the information may be made available as part 2892 of the official records of the commission available for public 2893 inspection and copying unless redaction is requested by the 2894 filer. The commission is not liable for the release of social 2895 security numbers or bank account, debit, charge, or credit card 2896 numbers included in a filing to the commission if the filer has 2897 not requested redaction of such information. 2898 (c)The commission must conspicuously post a notice, in 2899 substantially the following form, in the instructions for the 2900 electronic filing system specifying that: 2901 1.Any filer submitting information through the electronic 2902 filing system may not include a federal income tax return or a 2903 copy thereof; a social security number; a bank, mortgage, or 2904 brokerage account number; a debit, charge, or credit card 2905 number; a personal identification number; or a taxpayer 2906 identification number in any filing unless required by law. 2907 2.Information submitted through the electronic filing 2908 system may be open to public inspection and copying. 2909 3.Any filer has a right to request that the commission 2910 redact from his or her filing any social security number, bank 2911 account number, or debit, charge, or credit card number 2912 contained in the filing. Such request must be made in writing 2913 and delivered to the commission. The request must specify the 2914 information to be redacted and the specific section or sections 2915 of the disclosure in which it was included. 2916 (8)Forms or fields of information for compliance with the 2917 full and public disclosure requirements of s. 8, Art. II of the 2918 State Constitution must shall be prescribed by the commission. 2919 The commission shall allow a filer to include attachments or 2920 other supporting documentation when filing a disclosure. The 2921 commission shall give notice of disclosure deadlines and 2922 delinquencies and distribute forms in the following manner: 2923 (a)Not later than May 1 of each year, the commission shall 2924 prepare a current list of the names, e-mail addresses, and 2925 physical addresses of and the offices held by every person 2926 required to file full and public disclosure annually by s. 8, 2927 Art. II of the State Constitution, or other state law. Each unit 2928 of government shall assist the commission in compiling the list 2929 by providing to the commission not later than February 1 of each 2930 year the name, e-mail address, physical address, and name of the 2931 office held by such person within the respective unit of 2932 government as of December 31 of the preceding year. 2933 (b)Not later than June 1 of each year, the commission 2934 shall distribute a copy of the form prescribed for compliance 2935 with full and public disclosure and a notice of the filing 2936 deadline to each person on the list. Beginning January 1, 2023 2937 2022, no paper forms will not be provided by mail. The notice 2938 required under this paragraph and instructions for electronic 2939 submission of the form and any accompanying attachments must be 2940 delivered by e-mail. 2941 (c)Not later than August 1 of each year, the commission 2942 shall determine which persons on the list have failed to file 2943 full and public disclosure and shall send delinquency notices to 2944 such persons. Each notice must state that a grace period is in 2945 effect until September 1 of the current year. Beginning January 2946 1, 2023 2022, the notice required under this paragraph must be 2947 delivered by e-mail and must be redelivered on a weekly basis by 2948 e-mail as long as a person remains delinquent. 2949 (d)Disclosure statements required to be filed with the 2950 commission must be filed on the commissions electronic filing 2951 system as provided in s. 112.31446 Disclosures must be received 2952 by the commission not later than 5 p.m. of the due date. 2953 However, any disclosure that is postmarked by the United States 2954 Postal Service by midnight of the due date is deemed to have 2955 been filed in a timely manner, and a certificate of mailing 2956 obtained from and dated by the United States Postal Service at 2957 the time of the mailing, or a receipt from an established 2958 courier company which bears a date on or before the due date, 2959 constitutes proof of mailing in a timely manner. Beginning 2960 January 1, 2023, upon request of the filer, the commission must 2961 provide verification to the filer that the commission has 2962 received the filed disclosure. 2963 (e)Beginning January 1, 2023, a written declaration, as 2964 provided for under s. 92.525(2), accompanied by an electronic 2965 signature satisfies the requirement that the disclosure be 2966 sworn. 2967 (f)Any person who is required to file full and public 2968 disclosure of financial interests and whose name is on the 2969 commissions list, and to whom notice has been sent, but who 2970 fails to timely file is assessed a fine of $25 per day for each 2971 day late up to a maximum of $1,500; however this $1,500 2972 limitation on automatic fines does not limit the civil penalty 2973 that may be imposed if the statement is filed more than 60 days 2974 after the deadline and a complaint is filed, as provided in s. 2975 112.324. The commission must provide by rule the grounds for 2976 waiving the fine and the procedures by which each person whose 2977 name is on the list and who is determined to have not filed in a 2978 timely manner will be notified of assessed fines and may appeal. 2979 The rule must provide for and make specific that the amount of 2980 the fine due is based upon when the disclosure is filed on the 2981 commissions electronic filing system that is created and 2982 maintained by the commission as provided in s. 112.31446. the 2983 following: 2984 1.The amount of the fine due is based upon the earliest of 2985 the following: 2986 a.When a statement is actually received by the office. 2987 b.When the statement is postmarked. 2988 c.When the certificate of mailing is dated. 2989 d.When the receipt from an established courier company is 2990 dated. 2991 2.Upon receipt of the disclosure statement or upon accrual 2992 of the maximum penalty, whichever occurs first, the commission 2993 shall determine the amount of the fine which is due and shall 2994 notify the delinquent person. The notice must include an 2995 explanation of the appeal procedure under subparagraph 2. 3. 2996 Such fine must be paid within 30 days after the notice of 2997 payment due is transmitted, unless appeal is made to the 2998 commission pursuant to subparagraph 2. 3. The moneys shall be 2999 deposited into the General Revenue Fund. 3000 2.3.Any reporting person may appeal or dispute a fine, 3001 based upon unusual circumstances surrounding the failure to file 3002 on the designated due date, and may request and is entitled to a 3003 hearing before the commission, which may waive the fine in whole 3004 or in part for good cause shown. Any such request must be in 3005 writing and received by the commission within 30 days after the 3006 notice of payment due is transmitted. In such a case, the 3007 reporting person must, within the 30-day period, notify the 3008 person designated to review the timeliness of reports in writing 3009 of his or her intention to bring the matter before the 3010 commission. For purposes of this subparagraph, unusual 3011 circumstances does not include the failure to monitor an e-mail 3012 account or failure to receive notice if the person has not 3013 notified the commission of a change in his or her e-mail 3014 address. 3015 (g)Any person subject to the annual filing of full and 3016 public disclosure under s. 8, Art. II of the State Constitution, 3017 or other state law, whose name is not on the commissions list 3018 of persons required to file full and public disclosure is not 3019 subject to the fines or penalties provided in this part for 3020 failure to file full and public disclosure in any year in which 3021 the omission occurred, but nevertheless is required to file the 3022 disclosure statement. 3023 (h)The notification requirements and fines of this 3024 subsection do not apply to candidates or to the first filing 3025 required of any person appointed to elective constitutional 3026 office or other position required to file full and public 3027 disclosure, unless the persons name is on the commissions 3028 notification list and the person received notification from the 3029 commission. The appointing official shall notify such newly 3030 appointed person of the obligation to file full and public 3031 disclosure by July 1. The notification requirements and fines of 3032 this subsection do not apply to the final filing provided for in 3033 subsection (10). 3034 (i)Notwithstanding any provision of chapter 120, any fine 3035 imposed under this subsection which is not waived by final order 3036 of the commission and which remains unpaid more than 60 days 3037 after the notice of payment due or more than 60 days after the 3038 commission renders a final order on the appeal must be submitted 3039 to the Department of Financial Services as a claim, debt, or 3040 other obligation owed to the state, and the department shall 3041 assign the collection of such fine to a collection agent as 3042 provided in s. 17.20. 3043 Section 94.The amendments to s. 112.3144(6)(c), (7)(a) and 3044 (c), and (8), Florida Statutes, made by this act, and the text 3045 of s. 112.3144(2), Florida Statutes, as carried forward from 3046 chapter 2022-157, Laws of Florida, by this act, expire July 1, 3047 2024, and the text of those subsections and paragraphs, as 3048 applicable, shall revert to that in existence on June 1, 2022, 3049 except that any amendments to such text enacted other than by 3050 this act shall be preserved and continue to operate to the 3051 extent that such amendments are not dependent upon the portions 3052 of text which expire pursuant to this section. 3053 Section 95.Effective upon this act becoming a law, in 3054 order to implement appropriations in the 2023-2024 General 3055 Appropriations Act for the development and implementation of the 3056 electronic filing system provided in s. 112.31446, Florida 3057 Statutes, and notwithstanding the expiration date in section 95 3058 of chapter 2022-157, Laws of Florida, paragraphs (d) and (e) of 3059 subsection (2), paragraphs (a) and (c) of subsection (4), and 3060 subsection (8) of section 112.3145, Florida Statutes, are 3061 reenacted and amended to read: 3062 112.3145Disclosure of financial interests and clients 3063 represented before agencies. 3064 (2) 3065 (d)State officers and specified state employees shall file 3066 their statements of financial interests with the commission. 3067 Through December 31, 2023, local officers shall file their 3068 statements of financial interests with the supervisor of 3069 elections of the county in which they permanently reside. 3070 Through December 31, 2023, local officers who do not permanently 3071 reside in any county in this state shall file their statements 3072 of financial interests with the supervisor of elections of the 3073 county in which their agency maintains its headquarters. Persons 3074 seeking to qualify as candidates for local public office shall 3075 file their statements of financial interests with the officer 3076 before whom they qualify. 3077 (e)Beginning January 1, 2024, a statement of financial 3078 interests and a final statement of financial interests and any 3079 amendments thereto or any other form required by this section, 3080 except any statement of a candidate who is not subject to an 3081 annual filing requirement, must be filed electronically through 3082 an electronic filing system created and maintained by the 3083 commission as provided in s. 112.31446. 3084 (4)(a)Beginning January 1, 2024, a filer may not include 3085 in a filing to the commission a federal income tax return or a 3086 copy of thereof; a social security number; a bank, mortgage, or 3087 brokerage account number; a debit, charge, or credit card 3088 number; a personal identification number; or a taxpayer 3089 identification number. If a filer includes such information in 3090 his or her filing, the information may be made available as part 3091 of the official records of the commission available for public 3092 inspection and copying unless redaction is requested by the 3093 filer. The commission is not liable for the release of social 3094 security numbers, bank account numbers, or debit, charge, or 3095 credit card numbers included in a filing to the commission if 3096 the filer has not requested redaction of the information. 3097 (c)The commission must conspicuously post a notice, in 3098 substantially the following form, in the instructions for the 3099 electronic filing system specifying that: 3100 1.Any filer submitting information through the electronic 3101 filing system may not include a federal income tax return or a 3102 copy thereof; a social security number; a bank, mortgage, or 3103 brokerage account number; a debit, charge, or credit card 3104 number; a personal identification number; or a taxpayer 3105 identification number in any filing unless required by law. 3106 2.Information submitted through the electronic filing 3107 system may be open to public inspection and copying. 3108 3.Any filer has a right to request that the commission 3109 redact from his or her filing any social security number, bank 3110 account number, or debit, charge, or credit card number 3111 contained in the filing. Such request must be made in writing 3112 and delivered to the commission. The request must specify the 3113 information to be redacted and the specific section or sections 3114 of the disclosure in which it was included. 3115 (8)Forms for compliance with the disclosure requirements 3116 of this section and a current list of persons subject to 3117 disclosure must shall be created by the commission and provided 3118 to each supervisor of elections. The commission shall allow a 3119 filer to include attachments or other supporting documentation 3120 when filing a disclosure. The commission and each supervisor of 3121 elections shall give notice of disclosure deadlines and 3122 delinquencies and distribute forms in the following manner: 3123 (a)1.Not later than May 1 of each year, the commission 3124 shall prepare a current list of the names, e-mail addresses, and 3125 physical addresses of, and the offices or positions held by, 3126 every state officer, local officer, and specified employee. Each 3127 unit of government shall assist the commission in compiling the 3128 list by providing to the commission not later than February 1 of 3129 each year the name, e-mail address, physical address, and name 3130 of agency of, and the office or position held by, each state 3131 officer, local officer, or specified state employee within the 3132 respective unit of government as of December 31 of the preceding 3133 year. 3134 2.Not later than May 15 of each year, the commission shall 3135 provide each supervisor of elections with a current list of all 3136 local officers required to file with such supervisor of 3137 elections. 3138 (b)Not later than June 1 of each year, the commission and 3139 each supervisor of elections, as appropriate, shall distribute a 3140 copy of the form prescribed for compliance with subsection (3) 3141 and a notice of all applicable disclosure forms and filing 3142 deadlines to each person required to file a statement of 3143 financial interests. Beginning January 1, 2024, no paper forms 3144 will not be provided. The notice required under this paragraph 3145 and instructions for electronic submission of the form and any 3146 accompanying attachments must be delivered by e-mail. 3147 (c)Not later than August 1 of each year, the commission 3148 and each supervisor of elections shall determine which persons 3149 required to file a statement of financial interests in their 3150 respective offices have failed to do so and shall send 3151 delinquency notices to these persons. Through December 31, 2023, 3152 delinquency notices must be sent by certified mail, return 3153 receipt requested. Each notice must state that a grace period is 3154 in effect until September 1 of the current year; that no 3155 investigative or disciplinary action based upon the delinquency 3156 will be taken by the agency head or commission if the statement 3157 is filed by September 1 of the current year; that, if the 3158 statement is not filed by September 1 of the current year, a 3159 fine of $25 for each day late will be imposed, up to a maximum 3160 penalty of $1,500; for notices distributed by a supervisor of 3161 elections, that he or she is required by law to notify the 3162 commission of the delinquency; and that, if upon the filing of a 3163 sworn complaint the commission finds that the person has failed 3164 to timely file the statement within 60 days after September 1 of 3165 the current year, such person will also be subject to the 3166 penalties provided in s. 112.317. Beginning January 1, 2024, 3167 notice required under this paragraph must be delivered by e-mail 3168 and must be redelivered on a weekly basis by e-mail as long as 3169 the person remains delinquent. 3170 (d)No later than November 15 of each year, the supervisor 3171 of elections in each county shall certify to the commission a 3172 list of the names and addresses of, and the offices or positions 3173 held by, all persons who have failed to timely file the required 3174 statements of financial interests. The certification must 3175 include the earliest of the dates described in subparagraph 3176 (g)1. The certification shall be on a form prescribed by the 3177 commission and shall indicate whether the supervisor of 3178 elections has provided the disclosure forms and notice as 3179 required by this subsection to all persons named on the 3180 delinquency list. 3181 (e)Statements must be received by the commission not later 3182 than 5 p.m. of the due date. However, any statement that is 3183 postmarked by the United States Postal Service by midnight of 3184 the due date is deemed to have been filed in a timely manner, 3185 and a certificate of mailing obtained from and dated by the 3186 United States Postal Service at the time of the mailing, or a 3187 receipt from an established courier company which bears a date 3188 on or before the due date, constitutes proof of mailing in a 3189 timely manner. Beginning January 1, 2023, upon request of the 3190 filer, the commission must provide verification to the filer 3191 that the commission has received the filed statement. 3192 (f)Beginning January 1, 2023, the statement must be 3193 accompanied by a declaration as provided in s. 92.525(2) and an 3194 electronic acknowledgment thereof. 3195 (g)Any person who is required to file a statement of 3196 financial interests and whose name is on the commissions list, 3197 and to whom notice has been sent, but who fails to timely file 3198 is assessed a fine of $25 per day for each day late up to a 3199 maximum of $1,500; however, this $1,500 limitation on automatic 3200 fines does not limit the civil penalty that may be imposed if 3201 the statement is filed more than 60 days after the deadline and 3202 a complaint is filed, as provided in s. 112.324. The commission 3203 must provide by rule the grounds for waiving the fine and 3204 procedures by which each person whose name is on the list and 3205 who is determined to have not filed in a timely manner will be 3206 notified of assessed fines and may appeal. The rule must provide 3207 for and make specific the following: 3208 1.The amount of the fine due is based upon the earliest of 3209 the following: 3210 a.When a statement is actually received by the office. 3211 b.When the statement is postmarked. 3212 c.When the certificate of mailing is dated. 3213 d.When the receipt from an established courier company is 3214 dated. 3215 2.For a specified state employee or a state officer, upon 3216 receipt of the disclosure statement by the commission or upon 3217 accrual of the maximum penalty, whichever occurs first, and for 3218 a local officer upon receipt by the commission of the 3219 certification from the local officers supervisor of elections 3220 pursuant to paragraph (d), the commission shall determine the 3221 amount of the fine which is due and shall notify the delinquent 3222 person. The notice must include an explanation of the appeal 3223 procedure under subparagraph 3. The fine must be paid within 30 3224 days after the notice of payment due is transmitted, unless 3225 appeal is made to the commission pursuant to subparagraph 3. The 3226 moneys are to be deposited into the General Revenue Fund. 3227 3.Any reporting person may appeal or dispute a fine, based 3228 upon unusual circumstances surrounding the failure to file on 3229 the designated due date, and may request and is entitled to a 3230 hearing before the commission, which may waive the fine in whole 3231 or in part for good cause shown. Any such request must be in 3232 writing and received by the commission within 30 days after the 3233 notice of payment due is transmitted. In such a case, the 3234 reporting person must, within the 30-day period, notify the 3235 person designated to review the timeliness of reports in writing 3236 of his or her intention to bring the matter before the 3237 commission. For purposes of this subparagraph, the term unusual 3238 circumstances does not include the failure to monitor an e-mail 3239 account or failure to receive notice if the person has not 3240 notified the commission of a change in his or her e-mail 3241 address. 3242 (h)Any state officer, local officer, or specified employee 3243 whose name is not on the list of persons required to file an 3244 annual statement of financial interests is not subject to the 3245 penalties provided in s. 112.317 or the fine provided in this 3246 section for failure to timely file a statement of financial 3247 interests in any year in which the omission occurred, but 3248 nevertheless is required to file the disclosure statement. 3249 (i)The notification requirements and fines of this 3250 subsection do not apply to candidates or to the first or final 3251 filing required of any state officer, specified employee, or 3252 local officer as provided in paragraph (2)(b). 3253 (j)Notwithstanding any provision of chapter 120, any fine 3254 imposed under this subsection which is not waived by final order 3255 of the commission and which remains unpaid more than 60 days 3256 after the notice of payment due or more than 60 days after the 3257 commission renders a final order on the appeal must be submitted 3258 to the Department of Financial Services as a claim, debt, or 3259 other obligation owed to the state, and the department shall 3260 assign the collection of such a fine to a collection agent as 3261 provided in s. 17.20. 3262 Section 96.The amendments to s. 112.3145(4)(a) and (c) and 3263 (8), Florida Statutes, made by this act, and the text of s. 3264 112.3145(2)(d) and (e), Florida Statutes, as carried forward 3265 from chapter 2022-157, Laws of Florida, by this act, expire July 3266 1, 2024, and the text of those subsections and paragraphs, as 3267 applicable, shall revert to that in existence on June 1, 2022, 3268 except that any amendments to such text enacted other than by 3269 this act shall be preserved and continue to operate to the 3270 extent that such amendments are not dependent upon the portions 3271 of text which expire pursuant to this section. 3272 Section 97.Any section of this act which implements a 3273 specific appropriation or specifically identified proviso 3274 language in the 2023-2024 General Appropriations Act is void if 3275 the specific appropriation or specifically identified proviso 3276 language is vetoed. Any section of this act which implements 3277 more than one specific appropriation or more than one portion of 3278 specifically identified proviso language in the 2023-2024 3279 General Appropriations Act is void if all the specific 3280 appropriations or portions of specifically identified proviso 3281 language are vetoed. 3282 Section 98.If any other act passed during the 2023 Regular 3283 Session of the Legislature contains a provision that is 3284 substantively the same as a provision in this act, but that 3285 removes or is otherwise not subject to the future repeal applied 3286 to such provision by this act, the Legislature intends that the 3287 provision in the other act takes precedence and continues to 3288 operate, notwithstanding the future repeal provided by this act. 3289 Section 99.If any provision of this act or its application 3290 to any person or circumstance is held invalid, the invalidity 3291 does not affect other provisions or applications of the act 3292 which can be given effect without the invalid provision or 3293 application, and to this end the provisions of this act are 3294 severable. 3295 Section 100.Except as otherwise expressly provided in this 3296 act and except for this section, which shall take effect upon 3297 this act becoming a law, this act shall take effect July 1, 3298 2023, or, if this act fails to become a law until after that 3299 date, it shall take effect upon becoming a law and shall operate 3300 retroactively to July 1, 2023.