Florida Senate - 2022 SB 2502 By the Committee on Appropriations 576-02872A-22 20222502__ Page 1 of 79 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act implementing the 2022-2023 General 2 Appropriations Act; providing legislative intent; 3 incorporating by reference certain calculations of the 4 Florida Education Finance Program; providing that 5 funds for instructional materials must be released and 6 expended as required in the General Appropriations 7 Act; reenacting and amending s. 1013.62(1), F.S.; 8 specifying the source of capital outlay funding for 9 charter schools; providing for the future expiration 10 and reversion of specified statutory text; amending s. 11 1011.62, F.S.; extending for 1 fiscal year 12 authorization for the Legislature to provide a funding 13 compression and hold harmless allocation; amending s. 14 1011.62, F.S.; revising caps relating to the 15 determination of sparsity supplements; revising 16 requirements relating to computing district sparsity 17 indexes; providing for the future expiration and 18 reversion of specified statutory text; reenacting s. 19 1001.26(1), F.S., relating to the public broadcasting 20 program system; extending for 1 fiscal year 21 authorization for the Department of Education to 22 provide certain appropriated funds to certain 23 education television stations and public colleges and 24 universities for public broadcasting; providing for 25 the future expiration and reversion of specified 26 statutory text; amending ss. 1011.80 and 1011.81, 27 F.S.; extending for 1 fiscal year the requirement that 28 the Credentials Review Committee of the state 29

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 2 of 79 CODING: Words stricken are deletions; words underlined are additions. workforce development board develop a specified 30 funding formula to allocate specified school district 31 performance funds and institution performance funds, 32 respectively; creating s. 1004.6496, F.S.; authorizing 33 the Board of Trustees of the University of Florida to 34 use funds to establish the Hamilton Center for 35 Classical and Civic Education; providing purposes and 36 goals of the center; authorizing the Agency for Health 37 Care Administration, in consultation with the 38 Department of Health, to submit a budget amendment to 39 realign funding for a component of the Children’s 40 Medical Services program to reflect actual enrollment 41 changes; specifying requirements for such realignment; 42 authorizing the agency to request nonoperating budget 43 authority for transferring certain federal funds to 44 the Department of Health; authorizing the Agency for 45 Health Care Administration to submit a budget 46 amendment to realign Medicaid funding for specified 47 purposes, subject to certain limitations; authorizing 48 the Agency for Health Care Administration and the 49 Department of Health to each submit a budget amendment 50 to realign funding within the Florida Kidcare program 51 appropriation categories or increase budget authority 52 for certain purposes; specifying the time period 53 during which each such budget amendment must be 54 submitted; amending ss. 381.986 and 381.988, F.S.; 55 extending for 1 year the exemption of certain rules 56 pertaining to the medical use of marijuana from 57 certain rulemaking requirements; amending s. 14(1) of 58

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chapter 2017-232, Laws of Florida; exempting certain 59 rules pertaining to medical marijuana adopted to 60 replace emergency rules from specified rulemaking 61 requirements; providing for the future expiration and 62 reversion of specified law; authorizing the Department 63 of Children and Families to submit a budget amendment 64 to realign funding for implementation of the 65 Guardianship Assistance Program; authorizing the 66 Department of Children and Families to submit a budget 67 amendment to realign funding within the Family Safety 68 Program for specified purposes; authorizing the 69 Department of Children and Families to submit a budget 70 amendment to realign funding between appropriations 71 categories for specified purposes; authorizing the 72 Department of Health to submit a budget amendment to 73 increase budget authority for the HIV/AIDS Prevention 74 and Treatment Program if a certain condition is met; 75 authorizing the Department of Health to submit a 76 budget amendment to increase budget authority for the 77 department if additional federal revenues specific to 78 COVID-19 relief funds become available; reenacting and 79 amending s. 42(1)-(5) of

chapter 2020-114, Laws of 80 Florida, as amended; prohibiting the Agency for Health 81 Care Administration from including certain contracts 82 in a specified project for the Florida Medicaid 83 program; extending for 1 fiscal year provisions 84 governing the Agency for Health Care Administration’s 85 replacement of the Florida Medicaid Management 86 Information System (FMMIS) and fiscal agent 87

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 4 of 79 CODING: Words stricken are deletions; words underlined are additions. operations; requiring the Agency for Health Care 88 Administration, in consultation with the Department of 89 Health, the Agency for Persons with Disabilities, the 90 Department of Children and Families, and the 91 Department of Corrections, to competitively procure a 92 contract with a vendor to negotiate prices for 93 prescription drugs; providing requirements for such 94 contract; amending s. 216.262, F.S.; extending for 1 95 fiscal year the authority of the Department of 96 Corrections to submit a budget amendment for 97 additional positions and appropriations under certain 98 circumstances; requiring review and approval by the 99 Legislative Budget Commission; amending s. 1011.80, 100 F.S.; specifying the manner by which state funds for 101 postsecondary workforce programs may be used for 102 inmate education; providing for the future expiration 103 and reversion of specified statutory text; amending s. 104 215.18, F.S.; extending for 1 fiscal year the 105 authority and related repayment requirements fo r 106 temporary trust fund loans to the state court system 107 which are sufficient to meet the system’s 108 appropriation; requiring the Department of Juvenile 109 Justice to review county juvenile detention payments 110 to determine whether a county has met specified 111 financial responsibilities; requiring amounts owed by 112 the county for such financial responsibilities to be 113 deducted from certain county funds; requiring the 114 Department of Revenue to transfer withheld funds to a 115 specified trust fund; requiring the Department of 116

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Revenue to ensure that such reductions in amounts 117 distributed do not reduce distributions below amounts 118 necessary for certain payments due on bonds and comply 119 with bond covenants; requiring the Department of 120 Revenue to notify the Department of Juvenile Just ice 121 if bond payment requirements mandate a reduction in 122 deductions for amounts owed by a county; reenacting s. 123 27.40(1), (2)(a), (3)(a), (5), (6), and (7), F.S., 124 relating to court-appointed counsel; extending for 1 125 fiscal year provisions governing the appointment of 126 court-appointed counsel; providing for the future 127 expiration and reversion of specified statutory text; 128 amending s. 27.5304, F.S., and reenacting subsections 129 (1), (3), (7), and (11) and paragraphs (12)(a)-(e), 130 relating to private court-appointed counsel; extending 131 for 1 fiscal year limitations on compensation for 132 representation in criminal proceedings; providing for 133 the future expiration and reversion of specified 134 statutory text; authorizing the Department of 135 Financial Services to submit a budget amendment to 136 increase the category to pay for the information data 137 warehouse; authorizing the Department of Lottery to 138 submit a budget amendment to increase the 139 appropriation for the implementation of a new prize 140 payment system; requiring the Department of Management 141 Services to use tenant broker services to renegotiate 142 or reprocure certain private lease agreements for 143 office or storage space; requiring the Department of 144 Management Services to provide a report to the 145

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Governor and the Legislature by a specified date; 146 prohibiting an agency from transferring funds from a 147 data processing category to another category that is 148 not a data processing category; authorizing the 149 Executive Office of the Governor to transfer funds 150 appropriated for a specified data center category 151 between departments for a specified purpose; 152 authorizing the Executive Office of the Governor to 153 transfer funds between departments for purposes of 154 aligning amounts paid for risk management insurance 155 and for human resource management services purchased 156 per statewide contract; reenacting and amending s. 157 72(1)-(5) of

chapter 2020-114, Laws of Florida, as 158 amended; extending for 1 fiscal year provisions 159 requiring the Department of Financial Services to 160 replace specified components of the Florida Accou nting 161 Information Resource Subsystem (FLAIR) and the Cash 162 Management Subsystem (CMS); amending s. 215.18, F.S.; 163 extending for 1 fiscal year the authority of the 164 Governor, if there is a specified temporary deficiency 165 in a land acquisition trust fund in the Department of 166 Agriculture and Consumer Services, the Department of 167 Environmental Protection, the Department of State, or 168 the Fish and Wildlife Conservation Commission, to 169 transfer funds from other trust funds in the State 170 Treasury as a temporary loan to such trust fund; 171 providing a deadline for the repayment of a temporary 172 loan; requiring the Department of Environmental 173 Protection to transfer designated proportions of the 174

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 7 of 79 CODING: Words stricken are deletions; words underlined are additions. revenues deposited in the Land Acquisition Trust Fund 175 within the department to land acquisition trust funds 176 in the Department of Agriculture and Consumer 177 Services, the Department of State, and the Fish and 178 Wildlife Conservation Commission according to 179 specified parameters and calculations; defining the 180 term “department”; requiring the Department of 181 Environmental Protection to make monthly transfers to 182 specified land acquisition trust funds; specifying the 183 method of determining transfer amounts; authorizing 184 the Department of Environmental Protection to advance 185 funds from its land acquisition trust fund to the Fish 186 and Wildlife Conservation Commission’s land 187 acquisition trust fund for specified purposes; 188 amending s. 576.045, F.S.; extending for 1 year the 189 expiration date of provisions relating to 190 fertilization-management practices and nitrogen and 191 phosphorus residues; amending s. 375.041, F.S.; 192 specifying that certain funds for projects dedicated 193 to restoring Lake Apopka shall be appropriated as 194 provided in the General Appropriations Act; reenacting 195 s. 376.3071(15)(g), F.S., relating to the Inland 196 Protection Trust Fund; exempting specified costs 197 incurred by certain petroleum storage system owners or 198 operators during a specified period from the 199 prohibition against making payments in excess of 200 amounts approved by the Department of Environmental 201 Protection; providing for the future expiration and 202 reversion of specified statutory text; reenacting s. 203

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 8 of 79 CODING: Words stricken are deletions; words underlined are additions. 282.709, F.S., relating to the state agency law 204 enforcement radio system and interoperability network ; 205 authorizing state agencies and other eligible users of 206 the Statewide Law Enforcement Radio System (SLERS) to 207 use a specified Department of Management Services 208 contract for purchases of equipment and services; 209 providing for the future expiration and reversion of 210 specified statutory text; exempting specified 211 competitive procurement requirements for the 212 Department of Environmental Protection for the 213 procurement of commodities and contractual services in 214 response to the Piney Point facility closure; amending 215 s. 321.04, F.S.; extending for 1 fiscal year the 216 requirement that the Department of Highway Safety and 217 Motor Vehicles assign one or more patrol officers to 218 the office of Lieutenant Governor for security 219 purposes, upon request of the Governor; extending for 220 1 fiscal year the requirement that the Department of 221 Highway Safety and Motor Vehicles assign a patrol 222 officer to a Cabinet member under certain 223 circumstances; amending s. 215.559, F.S.; delaying the 224 repeal of provisions governing the Division of 225 Emergency Management’s Hurricane Loss Mitigation 226 Program; amending s. 288.80125, F.S.; extending for 1 227 fiscal year a requirement that funds in the Triumph 228 Gulf Coast Trust Fund be used for the Rebuild Florida 229 Revolving Loan Fund program for purposes related to 230 Hurricane Michael recovery; amending s. 339.08, F.S.; 231 deleting obsolete language; appropriating funds to the 232

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State Transportation Trust Fund from the General 233 Revenue Fund; reenacting and amending s. 339.135, 234 F.S.; extending for 1 year authorization for the chair 235 and vice chair of the Legislative Budget Commissi on to 236 approve certain work program amendments under 237 specified circumstances; amending s. 331.3101, F.S.; 238 revising requirements for Space Florida’s annual 239 report to the Legislature relating to expenses; 240 revising requirements relating to travel and 241 entertainment expenses of Space Florida; prohibiting 242 Space Florida from expending certain funds for 243 specified purposes; providing a cap on lodging 244 expenses for board members, staff, and employees of 245 Space Florida under certain circumstances; authorizing 246 board members, staff, and employees of Space Florida 247 to expend their own funds for lodging expenses in 248 excess of the cap; amending s. 337.11, F.S.; requiring 249 the Department of Transportation to implement certain 250 strategies relating to the design, inspection, and 251 construction of projects; requiring the department to 252 submit a report to the Governor and the Legislature by 253 a specified date detailing such strategies and 254 projected savings; authorizing the department to share 255 certain realized construction cost savings with d esign 256 services consultants under certain circumstances; 257 providing a cap for the amount paid to such 258 consultants; requiring the Department of Economic 259 Opportunity, in the administration of economic 260 development programs, to give priority to applications 261

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 10 of 79 CODING: Words stricken are deletions; words underlined are additions. for projects that benefit the on-shoring of 262 manufacturing to the state; amending s. 112.061, F.S.; 263 extending for 1 fiscal year the authorization for the 264 Lieutenant Governor to designate an alternative 265 official headquarters under certain conditions; 266 specifying restrictions, limitations, eligibility for 267 the subsistence allowance, reimbursement of 268 transportation expenses, and payment thereof; 269 requiring the Department of Management Services to 270 release certain competitive procurements by a 271 specified date; providing requirements for such 272 procurements; providing legislative intent; 273 authorizing the department to enter into contracts 274 that may require the payment of administrative fees 275 under a specified amount; requiring the department to 276 maintain and offer the same health insurance options 277 for participants of the State Group Health Insurance 278 Program for the 2022-2023 fiscal year as applied in 279 the preceding fiscal year; prohibiting a state agency 280 from initiating a competitive solicitation for a 281 product or service under certain circumstances; 282 providing an exception; providing that the annual 283 salaries of the members of the Legislature be 284 maintained at a specified level; reenacting s. 285 215.32(2)(b), F.S., relating to the source and use of 286 certain trust funds; providing for the future 287 expiration and reversion of statutory text; specifying 288 the types of travel which may be used with state 289 employee travel funds; providing exceptions; providing 290

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 11 of 79 CODING: Words stricken are deletions; words underlined are additions. a monetary cap on lodging costs for state employee 291 travel to certain meetings organized or sponsored by a 292 state agency or the judicial branch; authorizing 293 employees to expend their own funds for lodging 294 expenses that exceed the monetary cap; prohibiting a 295 state agency from entering into a contract containing 296 certain nondisclosure agreements; reenacting and 297 amending s. 14.35, F.S.; extending for 1 fiscal year 298 provisions authorizing the Governor’s Medal of 299 Freedom; providing conditions under which the veto of 300 certain appropriations or proviso language in the 301 General Appropriations Act voids language that 302 implements such appropriation; providing for the 303 continued operation of certain provisions 304 notwithstanding a future repeal or expiration provided 305 by the act; providing severability; providing 306 effective dates. 307 308 Be It Enacted by the Legislature of the State of Florida: 309 310

Section 1. It is the intent of the Legislature that the 311 implementing and administering provisions of this act apply to 312 the General Appropriations Act for the 2022-2023 fiscal year. 313

Section 2. In order to implement Specific Appropriations 5, 314 6, 86, and 87 of the 2022-2023 General Appropriations Act, the 315 calculations of the Florida Education Finance Program for the 316 2022-2023 fiscal year included in the document titled “Public 317 School Funding: The Florida Education Finance Progr am (FEFP) 318 Fiscal Year 2022-2023,” dated February 4, 2022, and filed with 319

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 12 of 79 CODING: Words stricken are deletions; words underlined are additions. the Secretary of the Senate, are incorporated by reference for 320 the purpose of displaying the calculations used by the 321 Legislature, consistent with the requirements of state law, in 322 making appropriations for the Florida Education Finance Program. 323 This

section expires July 1, 2023. 324

Section 3. In order to implement Specific Appropriations 5 325 and 86 of the 2022-2023 General Appropriations Act, and 326 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42, 327 1011.62(6)(b)3., and 1011.67, Florida Statutes, relating to the 328 expenditure of funds provided for instructional materials, for 329 the 2022-2023 fiscal year, funds provided for instructional 330 materials shall be released and expended as required in the 331 proviso language for Specific Appropriation 86 of the 2022 -2023 332 General Appropriations Act. This

section expires July 1, 2023. 333

Section 4. In order to implement Specific Appropriation 15 334 of the 2022-2023 General Appropriations Act, and notwithstandin g 335 the expiration date in

section 5 of

chapter 2021 -37, Laws of 336 Florida, subsection (1) of

section 1013.62, Florida Statutes, is 337 reenacted and amended to read: 338 1013.62 Charter schools capital outlay funding.— 339

(1) For the 2022-2023 2021-2022 fiscal year, charter school 340 capital outlay funding shall consist of state funds appropriated 341 in the 2022-2023 2021-2022 General Appropriations Act. Beginning 342 in fiscal year 2023-2024 2022-2023, charter school capital 343 outlay funding shall consist of state funds when such f unds are 344 appropriated in the General Appropriations Act and revenue 345 resulting from the discretionary millage authorized in s. 346 1011.71(2) if the amount of state funds appropriated for charter 347 school capital outlay in any fiscal year is less than the 348

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 13 of 79 CODING: Words stricken are deletions; words underlined are additions. average charter school capital outlay funds per unweighted full -349 time equivalent student for the 2018-2019 fiscal year, 350 multiplied by the estimated number of charter school students 351 for the applicable fiscal year, and adjusted by changes in the 352 Consumer Price Index issued by the United States Department of 353 Labor from the previous fiscal year. Nothing in this subsection 354 prohibits a school district from distributing to charter schools 355 funds resulting from the discretionary millage authorized in s. 356 1011.71(2). 357 (

a) To be eligible to receive capital outlay funds, a 358 charter school must: 359 1.a. Have been in operation for 2 or more years; 360 b. Be governed by a governing board established in the 361 state for 2 or more years which operates both charter schools 362 and conversion charter schools within the state; 363 c. Be an expanded feeder chain of a charter school within 364 the same school district that is currently receiving charter 365 school capital outlay funds; 366 d. Have been accredited by a regional accrediting 367 association as defined by State Board of Education rule; 368 e.

Serve students in facilities that are provided by a 369 business partner for a charter school-in-the-workplace pursuant 370 to s. 1002.33(15)(b); or 371 f. Be operated by a hope operator pursuant to s. 1002.333. 372 2. Have an annual audit that does not reveal any of the 373 financial emergency conditions provided in s. 218.503(1) for the 374 most recent fiscal year for which such audit results are 375 available. 376 3. Have satisfactory student achievement based on state 377

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 14 of 79 CODING: Words stricken are deletions; words underlined are additions. accountability standards applicable to the charter school. 378 4. Have received final approval from its sponsor pursuant 379 to s. 1002.33 for operation during that fiscal year. 380 5. Serve students in facilities that are not provided by 381 the charter school’s sponsor. 382 (

b) A charter school is not eligible to receive capital 383 outlay funds if it was created by the conversion of a public 384 school and operates in facilities provided by the charter 385 school’s sponsor for a nominal fee, or at no charge, or if it is 386 directly or indirectly operated by the school dist rict. 387

Section 5. The amendments to s. 1013.62(1), Florida 388 Statutes, by this act expire July 1, 2023, and the text of that 389 subsection shall revert to that in existence on June 30, 2020, 390 except that any amendments to such text enacted other than by 391 this act shall be preserved and continue to operate to the 392 extent that such amendments are not dependent upon the portions 393 of text which expire pursuant to this section. 394

Section 6. In order to implement Specific Appropriations 5 395 and 86 of the 2022-2023 General Appropriations Act, subsection 396 (15) of

section 1011.62, Florida Statutes, is amended to read: 397 1011.62 Funds for operation of schools.—If the annual 398 allocation from the Florida Education Finance Program to each 399 district for operation of schools is not determined in the 400 annual appropriations act or the substantive bill implementing 401 the annual appropriations act, it shall be determined as 402 follows: 403

(15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION. —The 404 Legislature may provide an annual funding compression a nd hold 405 harmless allocation in the General Appropriations Act. The 406

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 15 of 79 CODING: Words stricken are deletions; words underlined are additions. allocation is created to provide additional funding to school 407 districts if the school district’s total funds per FTE in the 408 prior year were less than the statewide average or if the school 409 district’s district cost differential in the current year is 410 less than the prior year. The total allocation shall be 411 distributed to eligible school districts as follows: 412 (

a) Using the most recent prior year FEFP calculation for 413 each eligible school district, subtract the total school 414 district funds per FTE from the state average funds per FTE, not 415 including any adjustments made pursuant to paragraph (17)(b). 416 The resulting funds per FTE difference, or a portion thereof, as 417 designated in the General Appropriations Act, shall then be 418 multiplied by the school district’s total unweighted FTE. 419 (

b) Multiply the absolute value of the difference between 420 the eligible school district’s current year district cost 421 differential and the prior year district cost differentia l by a 422 hold harmless factor as designated in the General Appropriations 423 Act. The result is the district cost differential hold harmless 424 index. Multiply the index by the eligible school district’s 425 weighted FTE and by the base student allocation as designate d in 426 the General Appropriations Act. 427 (

c) For each district, select the greater of the amounts 428 calculated in paragraphs (

a) and (

b) and upon summation, if the 429 total amount is greater than the amount included in the General 430 Appropriations Act, the allocation shall be prorated to the 431 appropriation amount based on each participating school 432 district’s share. 433 434 This subsection expires July 1, 2023 2022. 435

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Section 7. In order to implement Specific Appropriations 5 436 and 86 of the 2022-2023 General Appropriations Act, paragraphs 437 (

a) and (

b) of subsection (7) of

section 1011.62, Florida 438 Statutes, are amended to read: 439 1011.62 Funds for operation of schools.—If the annual 440 allocation from the Florida Education Finance Program to each 441 district for operation of schools is not determined in the 442 annual appropriations act or the substantive bill implementing 443 the annual appropriations act, it shall be determined as 444 follows: 445

(7) DETERMINATION OF SPARSITY SUPPLEMENT.— 446 (

a) Annually, in an amount to be determined by the 447 Legislature through the General Appropriations Act, there shall 448 be added to the basic amount for current operation of the FEFP 449 qualified districts a sparsity supplement which shall be 450 computed as follows: 451 452 Sparsity Factor = 1101.8918 – 0.1101 453 2700 + district sparsity index 454 except that districts with a sparsity index of 1,000 or less 455 shall be computed as having a sparsity index of 1,000, and 456 districts having a sparsity index of 7,308 and above shall be 457 computed as having a sparsity factor of zero. A qualified 458

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 17 of 79 CODING: Words stricken are deletions; words underlined are additions. district’s full-time equivalent student membership shall equal 459 or be less than that prescribed annually by the Legislature in 460 the appropriations act. The amount prescribed annually by the 461 Legislature shall be no less than 17,000, but no more than 462 30,000 24,000. 463 (

b) The district sparsity index shall be computed by 464 dividing the total number of full-time equivalent students in 465 all programs in the district by the number of senior high school 466 centers in the district, not in excess of three, which centers 467 are approved as permanent centers by a survey made by the 468 Department of Education. For districts with a full -time 469 equivalent student membership of at least 20,000, but no more 470 than 30,000 24,000, the index shall be computed by dividing the 471 total number of full-time equivalent students in all programs by 472 the number of permanent senior high school centers in the 473 district, not in excess of four. 474

Section 8. The amendments to s. 1011.62(7)(

a) and (b), 475 Florida Statutes, made by this act expire July 1, 2023, and the 476 text of that subsection shall revert to that in existence on 477 June 30, 2022, except that any amendments to such text enacted 478 other than by this act shall be preserved and continue to 479 operate to the extent that such amendments are not dependent 480 upon the portions of text which expire pursuant to this section. 481

Section 9. In order to implement Specific Appropriation 114 482 of the 2022-2023 General Appropriations Act, and notwithstanding 483 the expiration date in

section 8 of

chapter 2021 -37, Laws of 484 Florida, subsection (1) of

section 1001.26, Florida Statutes, is 485 reenacted to read: 486 1001.26 Public broadcasting program system.— 487

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(1) There is created a public broadcasting program system 488 for the state. The department shall provide funds, as 489 specifically appropriated in the General Appropri ations Act, to 490 educational television stations qualified by the Corporation for 491 Public Broadcasting or public colleges and universities that are 492 part of the public broadcasting program system. The program 493 system must include: 494 (

a) Support for existing Corporation for Public 495 Broadcasting qualified program system educational television 496 stations. 497 (

b) Maintenance of quality broadcast capability for 498 educational stations that are part of the program system. 499 (

c) Interconnection of all educational stations that are 500 part of the program system for simultaneous broadcast and of 501 such stations with all universities and other institutions as 502 necessary for sharing of resources and delivery of programming. 503 (

d) Establishment and maintenance of a capability for 504 statewide program distribution with facilities and staff, 505 provided such facilities and staff complement and strengthen 506 existing educational television stations. 507 (

e) Provision of both statewide programming funds and 508 station programming support for educational television t o meet 509 statewide priorities. Priorities for station programming need 510 not be the same as priorities for programming to be used 511 statewide. Station programming may include, but shall not be 512 limited to, citizens’ participation programs, music and fine 513 arts programs, coverage of public hearings and governmental 514 meetings, equal air time for political candidates, and other 515 public interest programming. 516

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Section 10. The text of s. 1001.26(1), Florida Statutes, as 517 carried forward from

chapter 2018-10, Laws of Florida, by this 518 act, expires July 1, 2023, and the text of that subsection shall 519 revert to that in existence on June 30, 2018, except that any 520 amendment to such text enacted other than by this act shall be 521 preserved and continue to operate to the extent that su ch 522 amendments are not dependent upon the portions of text which 523 expire pursuant to this section. 524

Section 11. In order to implement Specific Appropriation 525 115 of the 2022-2023 General Appropriations Act, paragraph (b) 526 of subsection (7) of

section 1011.80, Florida Statutes, is 527 amended to read: 528 1011.80 Funds for operation of workforce education 529 programs.— 530 (7) 531 (

b) Performance funding for industry certifications for 532 school district workforce education programs is contingent upon 533 specific appropriation in the General Appropriations Act and 534 shall be determined as follows: 535 1. Industry certifications identified on the CAPE Industry 536 Certification Funding List approved by the State Board of 537 Education under s. 1008.44 are eligible for performance funding. 538 2.

Each school district shall be provided $1,000 for each 539 industry certification earned by a workforce education student. 540 If funds are insufficient to fully fund the calculated total 541 award, such funds shall be prorated. Beginning with the 2023-542 2024 2022-2023 fiscal year, the Credentials Review Committee 543 established in s. 445.004 shall develop a returned -value funding 544 formula to allocate school district performance funds that 545

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 20 of 79 CODING: Words stricken are deletions; words underlined are additions. rewards student job placements and wages for students earning 546 industry certifications, with a focus on increasing the economic 547 mobility of underserved populations. One-third of the 548 performance funds shall be allocated based on student job 549 placements.

The remaining two-thirds shall be allocated using a 550 tiered weighted system based on aggregate studen t wages that 551 exceed minimum wage, with the highest weight applied to the 552 highest wage tier, with additional weight for underserved 553 populations. Student wages above minimum wage are considered to 554 be the value added by the institution’s training. At a minimu m, 555 the formula must take into account variables such as differences 556 in population and wages across school districts. 557

Section 12. In order to implement Specific Appropriation 558 123 of the 2022-2023 General Appropriations Act, paragraph (b) 559 of subsection (2) of

section 1011.81, Florida Statutes, is 560 amended to read: 561 1011.81 Florida College System Program Fund.— 562

(2) Performance funding for industry certifications for 563 Florida College System institutions is contingent upon specific 564 appropriation in the General Appropriations Act and shall be 565 determined as follows: 566 (

b) Each Florida College System institution shall be 567 provided $1,000 for each industry certification earned by a 568 student under paragraph (a). If funds are insufficient to fully 569 fund the calculated total award, such funds shall be prorated. 570 Beginning with the 2023-2024 2022-2023 fiscal year, the 571 Credentials Review Committee established in s. 445.004 shall 572 develop a returned-value funding formula to allocate institution 573 performance funds that rewards student job placements and wages 574

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 21 of 79 CODING: Words stricken are deletions; words underlined are additions. for students earning industry certifications, with a focus on 575 increasing the economic mobility of underserved populations. 576 One-third of the performance funds shall be allocated based on 577 student job placements.

The remaining two-thirds shall be 578 allocated using a tiered, weighted system based on aggregate 579 student wages that exceed minimum wage, with the highest weight 580 applied to the highest wage tier, with additional weight for 581 underserved populations. Student wages above minimum wa ge are 582 considered to be the value added by the institution’s training. 583 At a minimum, the formula must take into account variables such 584 as differences in population and wages across the state. 585

Section 13. The amendments to ss. 1011.80(7)(

b) and 586 1011.81(2)(b), Florida Statutes, by this act expire July 1, 587 2023, and the text of that subsection shall revert to that in 588 existence on June 30, 2022, except that any amendments to such 589 text enacted other than by this act shall be preserved and 590 continue to operate to the extent that such amendments are not 591 dependent upon the portions of text which expire pursuant to 592 this section. 593

Section 14. In order to implement Specific Appropriation 594 145 of the 2022-2023 General Appropriations Act,

section 595 1004.6496, Florida Statutes, is created to read: 596 1004.6496 Hamilton Center for Classical and Civic 597 Education.— 598

(1) The Board of Trustees of the University of Florida may 599 use funds as provided in the General Appropriations Act to 600 establish the Hamilton Center for Classical and Civic Education 601 as an academic unit within the University of Florida. The 602 purpose of the center is to support teaching and research 603

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 22 of 79 CODING: Words stricken are deletions; words underlined are additions. concerning the ideas, traditions, and texts that form the 604 foundations of Western and American civilization. The Board of 605 Trustees of the university is authorized to rename the center 606 consistent with its philanthropic naming governance procedures. 607

(2) The goals of the center are to: 608 (

a) Educate university students in the core texts and great 609 debates of Western civilization; 610 (

b) Educate university students in the principles, ideals, 611 and institutions of the American political order; 612 (

c) Educate university students in the foundations of 613 responsible leadership and informed citizenship; and 614 (

d) Offer university-wide programming related to civic 615 education and the values of open inquiry and civil discourse. 616

(3) This

section expires July 1, 2023. 617

Section 15.

In order to implement Specific Appropriations 618 197 through 224 and 524 of the 2022-2023 General Appropriations 619 Act, and notwithstanding ss. 216.181 and 216.292, Florida 620 Statutes, the Agency for Health Care Administration, in 621 consultation with the Department of Health, may submit a budget 622 amendment, subject to the notice, review, and objection 623 procedures of s. 216.177, Florida Statutes, to realign funding 624 within and between agencies based on implementation of the 625 managed medical assistance component of the Statewide Medicaid 626 Managed Care program for the Children’s Medical Services program 627 of the Department of Health.

The funding realignment shall 628 reflect the actual enrollment changes due to the transfer of 629 beneficiaries from fee-for-service to the capitated Children’s 630 Medical Services network. The Agency for Health Care 631 Administration may submit a request for nonoperating budget 632

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 23 of 79 CODING: Words stricken are deletions; words underlined are additions. authority to transfer the federal funds to the Department of 633 Health pursuant to s. 216.181(12), Florida Statutes. This 634

section expires July 1, 2023. 635

Section 16. In order to implement Specific Appropriations 636 197 through 224 of the 2022-2023 General Appropriations Act, and 637 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 638 Agency for Health Care Administration may submit a budget 639 amendment, subject to the notice, review, and objection 640 procedures of s. 216.177, Florida Statutes, to realign funding 641 within the Medicaid program appropriation categories to address 642 projected surpluses and deficits within the program and to 643 maximize the use of state trust funds. A single budget amendment 644 shall be submitted in the last quarter of the 2022-2023 fiscal 645 year only. This

section expires July 1, 2023. 646

Section 17.

In order to implement Specific Appropriations 647 176 through 181 and 524 of the 2022-2023 General Appropriations 648 Act, and notwithstanding ss. 216.181 and 216.292, Florida 649 Statutes, the Agency for Health Care Administration and the 650 Department of Health may each submit a budget amendment, subject 651 to the notice, review, and objection procedures of s. 216.177, 652 Florida Statutes, to realign funding within the Florida Kidcare 653 program appropriation categories, or to increase budget 654 authority in the Children’s Medical Services network category, 655 to address projected surpluses and deficits within the program 656 or to maximize the use of state trust funds.

A single budget 657 amendment must be submitted by each agency in the last quarter 658 of the 2022-2023 fiscal year only. This

section expires July 1, 659 2023. 660

Section 18. In order to implement Specific Appropriations 661

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 24 of 79 CODING: Words stricken are deletions; words underlined are additions. 467 through 469, 474, 475, 478, 482, and 483 of the 2022 -2023 662 General Appropriations Act, subsection (17) of

section 381.986, 663 Florida Statutes, is amended to read: 664 381.986 Medical use of marijuana.— 665

(17) Rules adopted pursuant to this

section before July 1, 666 2023 2022, are not subject to ss. 120.54(3)(

b) and 120.541. This 667 subsection expires July 1, 2023 2022. 668

Section 19. In order to implement Specific Appropriations 669 467 through 469, 474, 475, 478, 482, and 483 of the 2022-2023 670 General Appropriations Act, subsection (11) of

section 381.988, 671 Florida Statutes, is amended to read: 672 381.988 Medical marijuana testing laboratories; marijuana 673 tests conducted by a certified laboratory.— 674

(11) Rules adopted under subsection (9) before July 1, 2023 675 2022, are not subject to ss. 120.54(3)(

b) and 120.541. This 676 subsection expires July 1, 2023 2022. 677

Section 20. Effective July 1, 2022, upon the expiration and 678 reversion of the amendments made to subsection (1) of

section 14 679 of

chapter 2017-232, Laws of Florida, pursuant to

section 16 of 680

chapter 2021-37, Laws of Florida, and in order to implement 681 Specific Appropriations 467 through 469, 474, 475, 478, 482, and 682 483 of the 2022-2023 General Appropriations Act, subsection (1) 683 of

section 14 of

chapter 2017-232, Laws of Florida, is amended 684 to read: 685

Section 14. Department of Health; authority to adopt rules; 686 cause of action.— 687

(1) EMERGENCY RULEMAKING.— 688 (

a) The Department of Health and the applicable boards 689 shall adopt emergency rules pursuant to s. 120.54(4), Florida 690

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 25 of 79 CODING: Words stricken are deletions; words underlined are additions. Statutes, and this

section necessary to implement ss. 381.986 691 and 381.988, Florida Statutes. If an emergency rule adopted 692 under this

section is held to be unconstitutional or an invalid 693 exercise of delegated legislative authority, and becomes void, 694 the department or the applicable boards may adopt an emergency 695 rule pursuant to this

section to replace the ru le that has 696 become void. If the emergency rule adopted to replace the void 697 emergency rule is also held to be unconstitutional or an invalid 698 exercise of delegated legislative authority and becomes void, 699 the department and the applicable boards must follow t he 700 nonemergency rulemaking procedures of the Administrative 701 Procedures Act to replace the rule that has become void. 702 (

b) For emergency rules adopted under this section, the 703 department and the applicable boards need not make the findings 704 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 705 adopted under this

section are exempt from ss. 120.54(3)(

b) and 706 120.541, Florida Statutes. The department and the applicable 707 boards shall meet the procedural requirements in s. 120.54(4)(a) 708 s. 120.54(a), Florida Statutes, if the department or the 709 applicable boards have, before July 1, 2019 the effective date 710 of this act, held any public workshops or hearings on the 711 subject matter of the emergency rules adopted under this 712 subsection. Challenges to emergency rules adopted under this 713 subsection are subject to the time schedules provided in s. 714 120.56(5), Florida Statutes. 715 (

c) Emergency rules adopted under this

section are exempt 716 from s. 120.54(4)(c), Florida Statutes, and shall remain in 717 effect until replaced by rules adopted under the nonemergency 718 rulemaking procedures of the Administrative Procedures Act. 719

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 26 of 79 CODING: Words stricken are deletions; words underlined are additions. Rules adopted under the nonemergency rulemaking procedures of 720 the Administrative Procedures Act to replace emergency rules 721 adopted under this

section are exempt from ss. 120.54(3)(

b) and 722 120.541, Florida Statutes. By July 1, 2023 January 1, 2018, the 723 department and the applicable boards shall initiate nonemergency 724 rulemaking pursuant to the Administrative Procedures Act to 725 replace all emergency rules adopted under this

section by 726 publishing a notice of rule development in the Florida 727 Administrative Register. Except as provided in paragraph (a), 728 after July 1, 2023 January 1, 2018, the department and 729 applicable boards may not adopt rules pursuant to the emergency 730 rulemaking procedures provided in this section. 731

Section 21. The amendments to s. 14(1) of

chapter 2017-232, 732 Laws of Florida, made by this act expire July 1, 2023, and the 733 text of that subsection shall revert to that in existence on 734 June 30, 2019, except that any amendments to such text enacted 735 other than by this act shall be preserved and continue to 736 operate to the extent that such amendments are not dependent 737 upon the portions of text which expire pursuant to this section. 738

Section 22. In order to implement Specific Appropriations 739 326, 328, 357, and 358 of the 2022-2023 General Appropriations 740 Act, and notwithstanding ss. 216.181 and 216.292, Florida 741 Statutes, the Department of Children and Families may submit a 742 budget amendment, subject to the notice, review, and objection 743 procedures of s. 216.177, Florida Statutes, to realign funding 744 within the department based on the implementation of the 745 Guardianship Assistance Program, between and among the specific 746 appropriations for guardianship assistance payments, fost er care 747 Level 1 room and board payments, relative caregiver payments, 748

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 27 of 79 CODING: Words stricken are deletions; words underlined are additions. and nonrelative caregiver payments. This

section expires July 1, 749 2023. 750

Section 23. In order to implement Specific Appropriations 751 307 through 310, 315, 316, 319, 324 through 326, and 32 8 of the 752 2022-2023 General Appropriations Act, and notwithstanding ss. 753 216.181 and 216.292, Florida Statutes, the Department of 754 Children and Families may submit a budget amendment, subject to 755 the notice, review, and objection procedures of s. 216.177, 756 Florida Statutes, to realign funding within the Family Safety 757 Program to maximize the use of Title IV-E and other federal 758 funds. This

section expires July 1, 2023. 759

Section 24. In order to implement Specific Appropriations 760 283, 297, 307, 329, 334 through 336, 342, and 362 of the 2022-761 2023 General Appropriations Act, and notwithstanding ss. 216.181 762 and 216.292, Florida Statutes, the Department of Children and 763 Families may submit a budget amendment, subject to the notice, 764 review, and objection procedures of s. 216.177, Florida 765 Statutes, to realign funding between appropriations categories 766 to support contracted staffing equivalents to sustain forensic 767 bed capacity and resident-to-workforce ratios at the state’s 768 mental health treatment facilities. This

section expi res July 1, 769 2023. 770

Section 25. In order to implement Specific Appropriations 771 470 and 509 of the 2022-2023 General Appropriations Act, and 772 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 773 Department of Health may submit a budget amendment, subject to 774 the notice, review, and objection procedures of s. 216.177, 775 Florida Statutes, to increase budget authority for the HIV/AIDS 776 Prevention and Treatment Program if additional federal revenues 777

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 28 of 79 CODING: Words stricken are deletions; words underlined are additions. specific to HIV/AIDS prevention and treatment become available 778 in the 2022-2023 fiscal year. This

section expires July 1, 2023. 779

Section 26. In order to implement Specific Appropriations 780 423 through 552 of the 2022-2023 General Appropriations Act, and 781 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 782 Department of Health may submit a budget amendment, subject to 783 the notice, review, and objection procedures of s. 216.177, 784 Florida Statutes, to increase budget authority for the 785 department if additional federal revenues specific to COVID -19 786 relief funds become available in the 2022-2023 fiscal year. This 787

section expires July 1, 2023. 788

Section 27. In order to implement Specific Appropriation 789 191 of the 2022-2023 General Appropriations Act, subsections (1) 790 through (5) of

section 42 of

chapter 2020-114, Laws of Florida, 791 as amended by

section 21 of

chapter 2021-37, Laws of Florida, 792 are reenacted and amended to read: 793

Section 42.

(1) The Agency for Health Care Administration 794 shall replace the current Florida Medicaid Management 795 Information System (FMMIS) and fiscal agent operations with a 796 system that is modular, interoperable, and scalable for the 797 Florida Medicaid program that complies with all applicable 798 federal and state laws and requirements. The agency may not 799 include in the project to replace the current FMMIS and fiscal 800 agent contract: 801 (

a) Functionality that duplicates any of the information 802 systems of the other health and human services state agencies; 803 or 804 (

b) Procurement for agency requirements external to 805 Medicaid programs with the intent to leverage the Medicaid 806

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 29 of 79 CODING: Words stricken are deletions; words underlined are additions. technology infrastructure for other purposes without legislative 807 appropriation or legislative authorization to procure these 808 requirements; or 809 (

c) Any contract executed after the effective date of this 810 act, outside of staff augmentation services purchased off the 811 Department of Management Services Information Technology staff 812 augmentation state term contract, which are not deliverables 813 based fixed price contracts. 814 815 The new system, the Florida Health Care Connection (FX) system, 816 must provide better integration with subsystems supporting 817 Florida’s Medicaid program; uniformity, consistency, and 818 improved access to data; and compatibility with the Centers for 819 Medicare and Medicaid Services’ Medicaid Information Technology 820 Architecture (MITA) as the system matures and expands its 821 functionality. 822

(2) For purposes of replacing FMMIS and the current 823 Medicaid fiscal agent, the Agency for Health Care Administration 824 shall: 825 (

a) Prioritize procurements for the replacement of the 826 current functions of FMMIS and the responsibilities of the 827 current Medicaid fiscal agent, to minimize the need to extend 828 all or portions of the current fiscal agent contract. 829 (

b) Comply with and not exceed the Centers for Medicare and 830 Medicaid Services funding authorizations for the FX system. 831 (

c) Ensure compliance and uniformity with published MITA 832 framework and guidelines. 833 (

d) Ensure that all business requirements and technical 834 specifications have been provided to all affected state agencies 835

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 30 of 79 CODING: Words stricken are deletions; words underlined are additions. for their review and input and approved by the executive 836 steering committee established in paragraph (g). 837 (

e) Consult with the Executive Office of the Governor’s 838 working group for interagency information technology integration 839 for the development of competitive solicitations that provide 840 for data interoperability and shared information technology 841 services across the state’s health and human services agencies. 842 (

f) Implement a data governance structure for the project 843 to coordinate data sharing and interoperability across state 844 healthcare entities. 845 (

g) Implement a project governance structure that includes 846 an executive steering committee composed of: 847 1. The Secretary of Health Care Administration, or the 848 executive sponsor of the project. 849 2. A representative of the Division of Operations of the 850 Agency for Health Care Administration, appointed by the 851 Secretary of Health Care Administration. 852 3. Two representatives from the Division of Medicaid of the 853 Agency for Health Care Administration, appointed by the 854 Secretary of Health Care Administration. 855 4.

A representative of the Division of Health Quality 856 Assurance of the Agency for Health Care Administration, 857 appointed by the Secretary of Health Care Administration. 858 5. A representative of the Florida Center for Health 859 Information and Transparency of the Agency for Health Care 860 Administration, appointed by the Secretary of Health Care 861 Administration. 862 6. The Chief Information Officer of the Agency for Health 863 Care Administration, or his or her designee. 864

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 31 of 79 CODING: Words stricken are deletions; words underlined are additions. 7. The state chief information officer, or his or her 865 designee. 866 8. Two representatives of the Department of Children and 867 Families, appointed by the Secretary of Children and Families. 868 9. A representative of the Department of Health, appointed 869 by the State Surgeon General. 870 10. A representative of the Agency for Persons with 871 Disabilities, appointed by the director of the Agency for 872 Persons with Disabilities. 873 11.

A representative from the Florida Healthy Kids 874 Corporation. 875 12. A representative from the Department of Elderly 876 Affairs, appointed by the Secretary of Elderly Affairs. 877 13. A representative of the Department of Financial 878 Services who has experience with the state’s financial processes 879 including development of the PALM system, appointed by the Chief 880 Financial Officer. 881

(3) The Secretary of Health Care Administration or the 882 executive sponsor of the project shall serve as chair of the 883 executive steering committee, and the committee shall take 884 action by a vote of at least 10 affirmative votes with the chair 885 voting on the prevailing side. A quorum of the executive 886 steering committee consists of at least 11 members. 887

(4) The executive steering committee has the overall 888 responsibility for ensuring that the project to replace FMMIS 889 and the Medicaid fiscal agent meets its primary business 890 objectives and shall: 891 (

a) Identify and recommend to the Executive Office of the 892 Governor, the President of the Senate, and the Speaker of the 893

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 32 of 79 CODING: Words stricken are deletions; words underlined are additions. House of Representatives any statutory changes needed to 894 implement the modular replacement to standardize, to the fullest 895 extent possible, the state’s healthcare data and business 896 processes. 897 (

b) Review and approve any changes to the project’s scope, 898 schedule, and budget which do not conflict with the requirements 899 of subsections (1) and (2). 900 (

c) Ensure that adequate resources are provided throughout 901 all phases of the project. 902 (

d) Approve all major project deliverables. 903 (

e) Review and verify that all procurement and contractual 904 documents associated with the replacement of the current FMMIS 905 and Medicaid fiscal agent align with the scope, schedule, and 906 anticipated budget for the project. 907

(5) This

section expires July 1, 2023 2022. 908

Section 28. In order to implement Specific Appropriations 909 189, 211, 212, 279, 337, 487, 703, 704, and 705 of the 2022-2023 910 General Appropriations Act, the Agency for Health Care 911 Administration, in consultation with the Department of Health, 912 the Agency for Persons with Disabilities, the Department of 913 Children and Families, and the Department of Corrections, shall 914 competitively procure a contract with a vendor to negotiate 915 prices for prescription drugs, including insulin and 916 epinephrine, for all participating agencies.

The contract must 917 also allow for the direct purchase of such drugs for 918 participating agencies when possible. The contract must require 919 that the vendor be compensated on a contingency basis paid from 920 a portion of the savings achieved through the negotiation and 921 purchase of the prescription drugs. This

section expires July 1, 922

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 33 of 79 CODING: Words stricken are deletions; words underlined are additions. 2023. 923

Section 29. In order to implement Specific Appropriations 924 581 through 684A and 696 through 731 of the 2022 -2023 General 925 Appropriations Act, subsection (4) of

section 216.262, Florida 926 Statutes, is amended to read: 927 216.262 Authorized positions.— 928

(4) Notwithstanding the provisions of this

chapter relating 929 to increasing the number of authorized positions, and for the 930 2022-2023 2021-2022 fiscal year only, if the actual inmate 931 population of the Department of Corrections exceeds the inmate 932 population projections of the January 13, 2022 March 17, 2021, 933 Criminal Justice Estimating Conference by 1 percent for 2 934 consecutive months or 2 percent for any month, the Executive 935 Office of the Governor, with the approval of the Legislative 936 Budget Commission, shall immediately notify the Criminal Justice 937 Estimating Conference, which shall convene as soon as possible 938 to revise the estimates.

The Department of Corrections may then 939 submit a budget amendment requesting the establishment of 940 positions in excess of the number authorized by the Legislature 941 and additional appropriations from unallocated general revenue 942 sufficient to provide for essential staff, fixed capital 943 improvements, and other resources to provide classification, 944 security, food services, health services, and other variable 945 expenses within the institutions to accommodate the estimated 946 increase in the inmate population.

All actions taken pursuant to 947 this subsection are subject to review and approval by the 948 Legislative Budget Commission. This subsection expires July 1, 949 2023 2022. 950

Section 30. In order to implement Specific Appropriation 951

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 34 of 79 CODING: Words stricken are deletions; words underlined are additions. 719 of the 2022-2023 General Appropriations Act, and upon the 952 expiration and reversion of the amendments made by

section 25 of 953 2021-37, Laws of Florida, paragraph (

b) of subsection (8) of 954

section 1011.80, Florida Statutes, as amended by

chapter 2018 -955 104, Laws of Florida, is amended to read: 956 1011.80 Funds for operation of workforce education 957 programs.— 958 (8) 959 (

b) State funds provided for the operation of postsecondary 960 workforce programs may not be expended for the education of 961 state or federal inmates, except to the extent that such funds 962 are specifically appropriated for such purpose in the 2022 -2023 963 General Appropriations Act with more than 24 months of time 964 remaining to serve on their sentences or federal inmates . 965

Section 31. The amendment to s. 1011.80(8)(b), Florida 966 Statutes, made by this act expires July 1, 2023, and the text of 967 that paragraph shall revert to that in existence on July 1, 968 2019, but not including any amendments made by this act or 969 chapters 2019-116 and 2018-10, Laws of Florida, and any 970 amendments to such text enacted other than by this act shall be 971 preserved and continue to operate to the extent that such 972 amendments are not dependent upon the portions of text which 973 expire pursuant to this section. 974

Section 32. In order to implement Specific Appropriations 975 3201 through 3267 of the 2022-2023 General Appropriations Act, 976 subsection (2) of

section 215.18, Florida Statutes, is amended 977 to read: 978 215.18 Transfers between funds; limitation.— 979

(2) The Chief Justice of the Supreme Court may receive one 980

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 36 of 79 CODING: Words stricken are deletions; words underlined are additions. 218.23, Florida Statutes, are pledged, or bonds issued to refund 1010 such bonds which mature no later than the bonds they refunded 1011 and which result in a reduction of debt service payable in each 1012 fiscal year, the amount available for distribution to a county 1013 shall remain as provided by law and continue to be subject to 1014 any lien or claim on behalf of the bondholders.

The Department 1015 of Revenue must ensure, based on information provided by an 1016 affected county, that any reduction in amounts distributed 1017 pursuant to subsection (1) does not reduce the amount of 1018 distribution to a county below the amount necessary for the 1019 timely payment of principal and interest when due on the bonds 1020 and the amount necessary to comply with any covenant under the 1021 bond resolution or other documents relating to the issuance of 1022 the bonds.

If a reduction to a county’s monthly distribution 1023 must be decreased in order to comply with this section, the 1024 Department of Revenue must notify the Department of Juvenile 1025 Justice of the amount of the decrease, and the Department of 1026 Juvenile Justice must send a bill for payment of such amount to 1027 the affected county. 1028

(3) This

section expires July 1, 2023. 1029

Section 34. In order to implement Specific Appropriations 1030 741 through 762A, 913 through 1056, and 1077 through 1112C of 1031 the 2022-2023 General Appropriations Act, and notwithstanding 1032 the expiration date in

section 29 of

chapter 2021 -37, Laws of 1033 Florida, subsection (1), paragraph (

a) of subsection (2), 1034 paragraph (

a) of subsection (3), and subsections (5), (6), and 1035 (7) of

section 27.40, Florida Statutes, are reenacted to read: 1036 27.40 Court-appointed counsel; circuit registries; minimum 1037 requirements; appointment by court.— 1038

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(1) Counsel shall be appointed to represent any individual 1039 in a criminal or civil proceeding entitled to court -appointed 1040 counsel under the Federal or State Constitution or as authorized 1041 by general law. The court shall appoint a public defender to 1042 represent indigent persons as authorized in s. 27.51.

The office 1043 of criminal conflict and civil regional counsel shall be 1044 appointed to represent persons in those cases in which provision 1045 is made for court-appointed counsel, but only after the public 1046 defender has certified to the court in writing that the public 1047 defender is unable to provide representation due to a conflict 1048 of interest or is not authorized to provide representation. The 1049 public defender shall report, in the aggregate, the specific 1050 basis of all conflicts of interest certified to the court.

On a 1051 quarterly basis, the public defender shall submit this 1052 information to the Justice Administrative Commission. 1053 (2)(

a) Private counsel shall be appointed to represent 1054 persons in those cases in which provision is made for court -1055 appointed counsel but only after the office of criminal conflict 1056 and civil regional counsel has been appointed and has certified 1057 to the court in writing that the criminal conflict and civil 1058 regional counsel is unable to provide representation due to a 1059 conflict of interest. The criminal conflict and civil regional 1060 counsel shall report, in the aggregate, the specific basis of 1061 all conflicts of interest certified to the court.

On a quarterly 1062 basis, the criminal conflict and civil regional counsel shall 1063 submit this information to the Justice Administrative 1064 Commission. 1065

(3) In using a registry: 1066 (

a) The chief judge of the circuit shall compile a list of 1067

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 38 of 79 CODING: Words stricken are deletions; words underlined are additions. attorneys in private practice, by county and by category of 1068 cases, and provide the list to the clerk of court in each 1069 county. The chief judge of the circuit may restrict the number 1070 of attorneys on the general registry list. To be included on a 1071 registry, an attorney must certify that he or she: 1072 1. Meets any minimum requirements established by the chief 1073 judge and by general law for court appointment; 1074 2.

Is available to represent indigent defendants in cases 1075 requiring court appointment of private counsel; and 1076 3. Is willing to abide by the terms of the contract for 1077 services, s. 27.5304, and this section. 1078 1079 To be included on a registry, an attorney must enter into a 1080 contract for services with the Justice Administrative 1081 Commission. Failure to comply with the terms of the contract for 1082 services may result in termination of the contract and removal 1083 from the registry.

Each attorney on the registry is responsible 1084 for notifying the clerk of the court and the Justice 1085 Administrative Commission of any change in his or her status. 1086 Failure to comply with this requirement is cause for termin ation 1087 of the contract for services and removal from the registry until 1088 the requirement is fulfilled. 1089

(5) The Justice Administrative Commission shall approve 1090 uniform contract forms for use in procuring the services of 1091 private court-appointed counsel and uniform procedures and forms 1092 for use by a court-appointed attorney in support of billing for 1093 attorney’s fees, costs, and related expenses to demonstrate the 1094 attorney’s completion of specified duties. Such uniform 1095 contracts and forms for use in billing must be consistent with 1096

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 39 of 79 CODING: Words stricken are deletions; words underlined are additions. s. 27.5304, s. 216.311, and the General Appropriations Act and 1097 must contain the following statement: “The State of Florida’s 1098 performance and obligation to pay under this contract is 1099 contingent upon an annual appropriation by the Legislatur e.” 1100

(6) After court appointment, the attorney must immediately 1101 file a notice of appearance with the court indicating acceptance 1102 of the appointment to represent the defendant and of the terms 1103 of the uniform contract as specified in subsection (5). 1104 (7)(

a) A private attorney appointed by the court from the 1105 registry to represent a client is entitled to payment as 1106 provided in s. 27.5304 so long as the requirements of subsection 1107 (1) and paragraph (2)(

a) are met. An attorney appointed by the 1108 court who is not on the registry list may be compensated under 1109 s. 27.5304 only if the court finds in the order of appointment 1110 that there were no registry attorneys available for 1111 representation for that case and only if the requirements of 1112 subsection (1) and paragraph (2)(

a) are met. 1113 (b)1. The flat fee established in s. 27.5304 and the 1114 General Appropriations Act shall be presumed by the court to be 1115 sufficient compensation. The attorney shall maintain appropriate 1116 documentation, including contemporaneous and detailed hourly 1117 accounting of time spent representing the client. If the 1118 attorney fails to maintain such contemporaneous and detailed 1119 hourly records, the attorney waives the right to seek 1120 compensation in excess of the flat fee established in s. 27.5304 1121 and the General Appropriations Act.

These records and documents 1122 are subject to review by the Justice Administrative Commission 1123 and audit by the Auditor General, subject to the attorney -client 1124 privilege and work-product privilege. The attorney shall 1125

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 40 of 79 CODING: Words stricken are deletions; words underlined are additions. maintain the records and documents in a manner that enables the 1126 attorney to redact any information subject to a privilege in 1127 order to facilitate the commission’s review of the records and 1128 documents and not to impede such review. The attorney may redact 1129 information from the records and documents only to the extent 1130 necessary to comply with the privilege.

The Justice 1131 Administrative Commission shall review such records and shall 1132 contemporaneously document such review before authorizing 1133 payment to an attorney. Objections by or on behalf of the 1134 Justice Administrative Commission to records or documents or to 1135 claims for payment by the attorney shall be presumed correct by 1136 the court unless the court determines, in writing, that 1137 competent and substantial evidence exists to justify overcoming 1138 the presumption. 1139 2.

If an attorney fails, refuses, or declines to permit the 1140 commission or the Auditor General to review documentation for a 1141 case as provided in this paragraph, the attorney waives the 1142 right to seek, and the commission may not pay, compensation in 1143 excess of the flat fee established in s. 27.5304 and the General 1144 Appropriations Act for that case. 1145 3.

A finding by the commission that an attorney has waived 1146 the right to seek compensation in excess of the flat fee 1147 established in s. 27.5304 and the General Appropriations Act, as 1148 provided in this paragraph, shall be presumed to be correct, 1149 unless the court determines, in writing, that competent and 1150 substantial evidence exists to justify overcoming the 1151 presumption. 1152

Section 35. The amendments to s. 27.40(1), (2)(a), (3)(a), 1153 (5), (6), and (7), Florida Statutes, as carried forward from 1154

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 41 of 79 CODING: Words stricken are deletions; words underlined are additions.

chapter 2019-116, Laws of Florida, by this act, expire July 1, 1155 2023, and the text of those subsections and paragraphs, as 1156 applicable, shall revert to that in existence on June 30 , 2019, 1157 except that any amendments to such text enacted other than by 1158 this act shall be preserved and continue to operate to the 1159 extent that such amendments are not dependent upon the portions 1160 of text which expire pursuant to this section. 1161

Section 36. In order to implement Specific Appropriations 1162 741 through 762A, 913 through 1056, and 1077 through 1112C of 1163 the 2022-2023 General Appropriations Act, and notwithstanding 1164 the expiration date in

section 31 of

chapter 2021 -37, Laws of 1165 Florida, subsection (13) of

section 27.5304, Florida Statutes, 1166 is amended, and subsections (1), (3), (7), and (11), and 1167 paragraphs (

a) through (

e) of subsection (12) of that

section 1168 are reenacted, to read: 1169 27.5304 Private court-appointed counsel; compensation; 1170 notice.— 1171

(1) Private court-appointed counsel appointed in the manner 1172 prescribed in s. 27.40(1) and (2)(

a) shall be compensated by the 1173 Justice Administrative Commission only as provided in this 1174

section and the General Appropriations Act. The flat fees 1175 prescribed in this

section are limitations on compensation. The 1176 specific flat fee amounts for compensation shall be established 1177 annually in the General Appropriations Act. The attorney also 1178 shall be reimbursed for reasonable and necessary expenses in 1179 accordance with s. 29.007. If the attorney is representing a 1180 defendant charged with more than one offense in the same case, 1181 the attorney shall be compensated at the rate provided for the 1182 most serious offense for which he or she represented the 1183

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 42 of 79 CODING: Words stricken are deletions; words underlined are additions. defendant. This

section does not allow stacking of the fee 1184 limits established by this section. 1185

(3) The court retains primary authority and responsibility 1186 for determining the reasonableness of all billings for attorney 1187 fees, costs, and related expenses, subject to statutory 1188 limitations and the requirements of s. 27.40(7). Private court-1189 appointed counsel is entitled to compensation upon final 1190 disposition of a case. 1191

(7) Counsel eligible to receive compensation from the state 1192 for representation pursuant to court appointment made in 1193 accordance with the requirements of s. 27.40(1) and (2)(

a) in a 1194 proceeding under

chapter 384,

chapter 390,

chapter 392,

chapter 1195 393,

chapter 394,

chapter 397,

chapter 415,

chapter 743,

chapter 1196 744, or

chapter 984 shall receive compensation not to exceed the 1197 limits prescribed in the General Appropriations Act. Any such 1198 compensation must be determined as provided in s. 27.40(7). 1199

(11) It is the intent of the Legislature that the flat fees 1200 prescribed under this

section and the General Appropriations Act 1201 comprise the full and complete compensation for private court-1202 appointed counsel. It is further the intent of the Legislature 1203 that the fees in this

section are prescribed for the purpose of 1204 providing counsel with notice of the limit on the amount of 1205 compensation for representation in particular proceedings and 1206 the sole procedure and requirements for obtaining payment for 1207 the same. 1208 (

a) If court-appointed counsel moves to withdraw prior to 1209 the full performance of his or her duties through the completion 1210 of the case, the court shall presume that the attorney is not 1211 entitled to the payment of the full flat fee established under 1212

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 43 of 79 CODING: Words stricken are deletions; words underlined are additions. this

section and the General Appropriations Act. 1213 (

b) If court-appointed counsel is allowed to withdraw from 1214 representation prior to the full performance of his or he r 1215 duties through the completion of the case and the court appoints 1216 a subsequent attorney, the total compensation for the initial 1217 and any and all subsequent attorneys may not exceed the flat fee 1218 established under this

section and the General Appropriations 1219 Act, except as provided in subsection (12). 1220 1221 This subsection constitutes notice to any subsequently appointed 1222 attorney that he or she will not be compensated the full flat 1223 fee. 1224

(12) The Legislature recognizes that on rare occasions an 1225 attorney may receive a case that requires extraordinary and 1226 unusual effort. 1227 (

a) If counsel seeks compensation that exceeds the limits 1228 prescribed by law, he or she must file a motion with the chief 1229 judge for an order approving payment of attorney fees in excess 1230 of these limits. 1231 1. Before filing the motion, the counsel shall deliver a 1232 copy of the intended billing, together with supporting 1233 affidavits and all other necessary documentation, to the Justice 1234 Administrative Commission. 1235 2.

The Justice Administrative Commission shall review the 1236 billings, affidavit, and documentation for completeness and 1237 compliance with contractual and statutory requirements and shall 1238 contemporaneously document such review before authorizing 1239 payment to an attorney. If the Justice Administrative Commissi on 1240 objects to any portion of the proposed billing, the objection 1241

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 44 of 79 CODING: Words stricken are deletions; words underlined are additions. and supporting reasons must be communicated in writing to the 1242 private court-appointed counsel. The counsel may thereafter file 1243 his or her motion, which must specify whether the commission 1244 objects to any portion of the billing or the sufficiency of 1245 documentation, and shall attach the commission’s letter stating 1246 its objection. 1247 (

b) Following receipt of the motion to exceed the fee 1248 limits, the chief judge or a single designee shall hold an 1249 evidentiary hearing. The chief judge may select only one judge 1250 per circuit to hear and determine motions pursuant to this 1251 subsection, except multicounty circuits and the eleventh circuit 1252 may have up to two designees. 1253 1. At the hearing, the attorney seeking compensation must 1254 prove by competent and substantial evidence that the case 1255 required extraordinary and unusual efforts.

The chief judge or 1256 single designee shall consider criteria such as the number of 1257 witnesses, the complexity of the factual and legal issues, an d 1258 the length of trial. The fact that a trial was conducted in a 1259 case does not, by itself, constitute competent substantial 1260 evidence of an extraordinary and unusual effort. In a criminal 1261 case, relief under this

section may not be granted if the number 1262 of work hours does not exceed 75 or the number of the state’s 1263 witnesses deposed does not exceed 20. 1264 2. Objections by or on behalf of the Justice Administrative 1265 Commission to records or documents or to claims for payment by 1266 the attorney shall be presumed correct by the court unless the 1267 court determines, in writing, that competent and substantial 1268 evidence exists to justify overcoming the presumption. The chief 1269 judge or single designee shall enter a written order detailing 1270

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 45 of 79 CODING: Words stricken are deletions; words underlined are additions. his or her findings and identifying the extraordinary nature of 1271 the time and efforts of the attorney in the case which warrant 1272 exceeding the flat fee established by this

section and the 1273 General Appropriations Act. 1274 (

c) A copy of the motion and attachments shall be served on 1275 the Justice Administrative Commission at least 20 business days 1276 before the date of a hearing. The Justice Administrative 1277 Commission has standing to appear before the court, and may 1278 appear in person or telephonically, including at the hearing 1279 under paragraph (b), to contest any motion for an order 1280 approving payment of attorney fees, costs, or related expenses 1281 and may participate in a hearing on the motion by use of 1282 telephonic or other communication equipment.

The Justice 1283 Administrative Commission may contract with other public or 1284 private entities or individuals to appear before the court for 1285 the purpose of contesting any motion for an order approving 1286 payment of attorney fees, costs, or related expenses. The fact 1287 that the Justice Administrative Commission has not objected to 1288 any portion of the billing or to the sufficiency of the 1289 documentation is not binding on the court. 1290 (

d) If the chief judge or a single designee finds that 1291 counsel has proved by competent and substantial evidence that 1292 the case required extraordinary and unusual effo rts, the chief 1293 judge or single designee shall order the compensation to be paid 1294 to the attorney at a percentage above the flat fee rate, 1295 depending on the extent of the unusual and extraordinary effort 1296 required. The percentage must be only the rate necessar y to 1297 ensure that the fees paid are not confiscatory under common law. 1298 The percentage may not exceed 200 percent of the established 1299

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 46 of 79 CODING: Words stricken are deletions; words underlined are additions. flat fee, absent a specific finding that 200 percent of the flat 1300 fee in the case would be confiscatory. If the chief judge or 1301 single designee determines that 200 percent of the flat fee 1302 would be confiscatory, he or she shall order the amount of 1303 compensation using an hourly rate not to exceed $75 per hour for 1304 a noncapital case and $100 per hour for a capital case.

However, 1305 the compensation calculated by using the hourly rate shall be 1306 only that amount necessary to ensure that the total fees paid 1307 are not confiscatory, subject to the requirements of s. 1308 27.40(7). 1309 (

e) Any order granting relief under this subsection must be 1310 attached to the final request for a payment submitted to the 1311 Justice Administrative Commission and must satisfy the 1312 requirements of subparagraph (b)2. 1313

(13) Notwithstanding the limitation set forth in subsection 1314 (5) and for the 2022-2023 2021-2022 fiscal year only, the 1315 compensation for representation in a criminal proceeding may not 1316 exceed the following: 1317 (

a) For misdemeanors and juveniles represented at the trial 1318 level: $1,000. 1319 (

b) For noncapital, nonlife felonies represented at the 1320 trial level: $15,000. 1321 (

c) For life felonies represented at the trial level: 1322 $15,000. 1323 (

d) For capital cases represented at the trial level: 1324 $25,000. For purposes of this paragraph, a “capital case” is any 1325 offense for which the potential sentence is death and the state 1326 has not waived seeking the death penalty. 1327 (

e) For representation on appeal: $9,000. 1328

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 47 of 79 CODING: Words stricken are deletions; words underlined are additions. (

f) This subsection expires July 1, 2023 2022. 1329

Section 37. The amendments to s. 27.5304(1), (3), (7), 1330 (11), and (12)(a)-(e), Florida Statutes, as carried forward from 1331

chapter 2019-116, Laws of Florida, by this act, expire July 1, 1332 2023, and the text of those subsections and paragraphs, as 1333 applicable, shall revert to that in existence on June 30, 2019, 1334 except that any amendments to such text enacted other than by 1335 this act shall be preserved and continue to operate to the 1336 extent that such amendments are not dependent upon the portions 1337 of text which expire pursuant to this section. 1338

Section 38. In order to implement

section 60 of the 2022-1339 2023 General Appropriations Act, and notwithstanding ss. 216.18 1 1340 and 216.292, Florida Statutes, the Department of Financial 1341 Services may submit a budget amendment, subject to the notice, 1342 review, and objection procedures of s. 216.177, Florida 1343 Statutes, to increase the category to pay for the information 1344 data warehouse. This

section expires July 1, 2023. 1345

Section 39. In order to implement Specific Appropriation 1346 2759O of the 2022-2023 General Appropriations Act, and 1347 notwithstanding ss. 216.181 and 216.292, Florida Statutes, the 1348 Department of Lottery may submit a budget amendment, subject to 1349 the notice, review, and objection procedures of s. 216.177, 1350 Florida Statutes, to increase the appropriation for the 1351 implementation of a new prize payment system. This

section 1352 expires July 1, 2023. 1353

Section 40. In order to implement appropriations used to 1354 pay existing lease contracts for private lease space in excess 1355 of 2,000 square feet in the 2022-2023 General Appropriations 1356 Act, the Department of Management Services, with the cooperation 1357

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 48 of 79 CODING: Words stricken are deletions; words underlined are additions. of the agencies having the existing lease contracts for office 1358 or storage space, shall use tenant broker services to 1359 renegotiate or reprocure all private lease agreements for office 1360 or storage space expiring between July 1, 2023, and June 30, 1361 2025, in order to reduce costs in future years.

The depart ment 1362 shall incorporate this initiative into its 2022 master leasing 1363 report required under s. 255.249(7), Florida Statutes, and may 1364 use tenant broker services to explore the possibilities of 1365 collocating office or storage space, to review the space needs 1366 of each agency, and to review the length and terms of potential 1367 renewals or renegotiations.

The department shall provide a 1368 report to the Executive Office of the Governor, the President of 1369 the Senate, and the Speaker of the House of Representatives by 1370 November 1, 2022, which lists each lease contract for private 1371 office or storage space, the status of renegotiations, and the 1372 savings achieved. This

section expires July 1, 2023. 1373

Section 41. In order to implement appropriations authorized 1374 in the 2022-2023 General Appropriations Act for data center 1375 services, and notwithstanding s. 216.292(2)(a), Florida 1376 Statutes, an agency may not transfer funds from a data 1377 processing category to a category other than another data 1378 processing category. This

section expires July 1, 2 023. 1379

Section 42. In order to implement the appropriation of 1380 funds in the appropriation category “Northwest Regional Data 1381 Center” in the 2022-2023 General Appropriations Act, and 1382 pursuant to the notice, review, and objection procedures of s. 1383 216.177, Florida Statutes, the Executive Office of the Governor 1384 may transfer funds appropriated in that category between 1385 departments in order to align the budget authority granted based 1386

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 49 of 79 CODING: Words stricken are deletions; words underlined are additions. on the estimated costs for data processing services for the 1387 2022-2023 fiscal year. This

section expires July 1, 2023. 1388

Section 43. In order to implement the appropriation of 1389 funds in the appropriation category “Special Categories -Risk 1390 Management Insurance” in the 2022-2023 General Appropriations 1391 Act, and pursuant to the notice, review, and objection 1392 procedures of s. 216.177, Florida Statutes, the Executive Office 1393 of the Governor may transfer funds appropriated in that category 1394 between departments in order to align the budget authority 1395 granted with the premiums paid by each department for risk 1396 management insurance. This

section expires July 1, 2023. 1397

Section 44. In order to implement the appropriation of 1398 funds in the appropriation category “Special Categories -Transfer 1399 to Department of Management Services-Human Resources Services 1400 Purchased per Statewide Contract” in the 2022-2023 General 1401 Appropriations Act, and pursuant to the notice, review, and 1402 objection procedures of s. 216.177, Florida Statutes, the 1403 Executive Office of the Governor may transfer funds appropriated 1404 in that category between departments in order to align the 1405 budget authority granted with the assessments that must be paid 1406 by each agency to the Department of Management Services for 1407 human resource management services. This

section expires July 1, 1408 2023. 1409

Section 45. In order to implement Specific Appropriation 1410 2395 of the 2022-2023 General Appropriations Act, subsections 1411 (1) through (5) of

section 72 of

chapter 2020-114, Laws of 1412 Florida, as amended by

section 39 of

chapter 2021 -37, Laws of 1413 Florida, are reenacted and amended to read: 1414

Section 72.

(1) The Department of Financial Services shall 1415

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 50 of 79 CODING: Words stricken are deletions; words underlined are additions. replace the four main components of the Florida Accounting 1416 Information Resource Subsystem (FLAIR), which include central 1417 FLAIR, departmental FLAIR, payroll, and information warehouse, 1418 and shall replace the cash management and accounting management 1419 components of the Cash Management Subsystem (CMS) with an 1420 integrated enterprise system that allows the state to organize, 1421 define, and standardize its financial management business 1422 processes and that complies with ss. 215.90-215.96, Florida 1423 Statutes.

The department may not include in the replacement of 1424 FLAIR and CMS: 1425 (

a) Functionality that duplicates any of the other 1426 information subsystems of the Florida Financial Management 1427 Information System; or 1428 (

b) Agency business processes related to any of the 1429 functions included in the Personnel Information System, the 1430 Purchasing Subsystem, or the Legislative Appropriations 1431 System/Planning and Budgeting Subsystem. 1432

(2) For purposes of replacing FLAIR and CMS, the Dep artment 1433 of Financial Services shall: 1434 (

a) Take into consideration the cost and implementation 1435 data identified for Option 3 as recommended in the March 31, 1436 2014, Florida Department of Financial Services FLAIR Study, 1437 version 031. 1438 (

b) Ensure that all business requirements and technical 1439 specifications have been provided to all state agencies for 1440 their review and input and approved by the executive steering 1441 committee established in paragraph (c). 1442 (

c) Implement a project governance structure that includes 1443 an executive steering committee composed of: 1444

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 51 of 79 CODING: Words stricken are deletions; words underlined are additions. 1. The Chief Financial Officer or the executive sponsor of 1445 the project. 1446 2. A representative of the Division of Treasury of the 1447 Department of Financial Services, appointed by the Chief 1448 Financial Officer. 1449 3. A representative of the Division of Information Systems 1450 of the Department of Financial Services, appointed by the Chief 1451 Financial Officer. 1452 4.

Four employees from the Division of Accounting and 1453 Auditing of the Department of Financial Services, appointed by 1454 the Chief Financial Officer. Each employee must have experience 1455 relating to at least one of the four main components that 1456 compose FLAIR. 1457 5. Two employees from the Executive Office of the Governor, 1458 appointed by the Governor. One employee must have experience 1459 relating to the Legislative Appropriations System/Planning and 1460 Budgeting Subsystem. 1461 6.

One employee from the Department of Revenue, appointed 1462 by the executive director, who has experience relating to the 1463 department’s SUNTAX system. 1464 7. Two employees from the Department of Management 1465 Services, appointed by the Secretary of Management Services. One 1466 employee must have experience relating to the department’s 1467 personnel information subsystem and one employee must have 1468 experience relating to the department’s purchasing s ubsystem. 1469 8. Three state agency administrative services directors, 1470 appointed by the Governor.

One director must represent a 1471 regulatory and licensing state agency and one director must 1472 represent a health care-related state agency. 1473

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 52 of 79 CODING: Words stricken are deletions; words underlined are additions. 9. The executive sponsor of the Florida Health Care 1474 Connection (FX) System or his or her designee, appointed by the 1475 Secretary of Health Care Administration. 1476 10. The State Chief Information Officer, or his or her 1477 designee, as a nonvoting member. The State Chief Information 1478 Officer, or his or her designee, shall provide monthly status 1479 reports pursuant to the oversight responsibilities in s. 1480 282.0051, Florida Statutes. 1481 (3)(

a) The Chief Financial Officer or the executive sponsor 1482 of the project shall serve as chair of the executive stee ring 1483 committee, and the committee shall take action by a vote of at 1484 least eight affirmative votes with the Chief Financial Officer 1485 or the executive sponsor of the project voting on the prevailing 1486 side. A quorum of the executive steering committee consists of 1487 at least 10 members. 1488 (

b) No later than 14 days before a meeting of the executive 1489 steering committee, the chair shall request input from committee 1490 members on agenda items for the next scheduled meeting. 1491

(4) The executive steering committee has the overal l 1492 responsibility for ensuring that the project to replace FLAIR 1493 and CMS meets its primary business objectives and shall: 1494 (

a) Identify and recommend to the Executive Office of the 1495 Governor, the President of the Senate, and the Speaker of the 1496 House of Representatives any statutory changes needed to 1497 implement the replacement subsystem that will standardize, to 1498 the fullest extent possible, the state’s financial management 1499 business processes. 1500 (

b) Review and approve any changes to the project’s scope, 1501 schedule, and budget which do not conflict with the requirements 1502

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 53 of 79 CODING: Words stricken are deletions; words underlined are additions. of subsection (1). 1503 (

c) Ensure that adequate resources are provided throughout 1504 all phases of the project. 1505 (

d) Approve all major project deliverables and any cost 1506 changes to each deliverable over $250,000. 1507 (

e) Approve contract amendments and changes to all 1508 contract-related documents associated with the replacement of 1509 FLAIR and CMS. 1510 (

f) Ensure compliance with ss. 216.181(16), 216.311, 1511 216.313, 282.318(4)(h), and 287.058, Florida Statutes. 1512

(5) This

section expires July 1, 2023 2022. 1513

Section 46. In order to implement specific appropriations 1514 from the land acquisition trust funds within the Department of 1515 Agriculture and Consumer Services, the Department of 1516 Environmental Protection, the Department of State, a nd the Fish 1517 and Wildlife Conservation Commission, which are contained in the 1518 2022-2023 General Appropriations Act, subsection (3) of

section 1519 215.18, Florida Statutes, is amended to read: 1520 215.18 Transfers between funds; limitation.— 1521

(3) Notwithstanding subsection (1) and only with respect to 1522 a land acquisition trust fund in the Department of Agriculture 1523 and Consumer Services, the Department of Environmental 1524 Protection, the Department of State, or the Fish and Wildlife 1525 Conservation Commission, whenever there is a deficiency in a 1526 land acquisition trust fund which would render that trust fund 1527 temporarily insufficient to meet its just requirements, 1528 including the timely payment of appropriations from that trust 1529 fund, and other trust funds in the State Treasury hav e moneys 1530 that are for the time being or otherwise in excess of the 1531

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 54 of 79 CODING: Words stricken are deletions; words underlined are additions. amounts necessary to meet the just requirements, including 1532 appropriated obligations, of those other trust funds, the 1533 Governor may order a temporary transfer of moneys from one or 1534 more of the other trust funds to a land acquisition trust fund 1535 in the Department of Agriculture and Consumer Services, the 1536 Department of Environmental Protection, the Department of State, 1537 or the Fish and Wildlife Conservation Commission.

Any action 1538 proposed pursuant to this subsection is subject to the notice, 1539 review, and objection procedures of s. 216.177, and the Governor 1540 shall provide notice of such action at least 7 days before the 1541 effective date of the transfer of trust funds, except that 1542 during July 2022 2021, notice of such action shall be provided 1543 at least 3 days before the effective date of a transfer unless 1544 such 3-day notice is waived by the chair and vice-chair of the 1545 Legislative Budget Commission.

Any transfer of trust funds to a 1546 land acquisition trust fund in the Department of Agriculture and 1547 Consumer Services, the Department of Environmental Protection, 1548 the Department of State, or the Fish and Wildlife Conservation 1549 Commission must be repaid to the trust funds from which the 1550 moneys were loaned by the end of the 2022-2023 2021-2022 fiscal 1551 year.

The Legislature has determined that the repayment of the 1552 other trust fund moneys temporarily loaned to a land acquisition 1553 trust fund in the Department of Agriculture and Consumer 1554 Services, the Department of Environmental Protection, the 1555 Department of State, or the Fish and Wildlife Conservation 1556 Commission pursuant to this subsection is an allowable use of 1557 the moneys in a land acquisition trust fund because the moneys 1558 from other trust funds temporarily loaned to a land acquisition 1559 trust fund shall be expended solely and exclusively in 1560

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 55 of 79 CODING: Words stricken are deletions; words underlined are additions. accordance with s. 28, Art. X of the State Constitution. This 1561 subsection expires July 1, 2023 2022. 1562

Section 47.

(1) In order to implement specific 1563 appropriations from the land acquisition trust funds within the 1564 Department of Agriculture and Consumer Services, the Department 1565 of Environmental Protection, the Department of State, and the 1566 Fish and Wildlife Conservation Commission, which are contained 1567 in the 2022-2023 General Appropriations Act, the Department of 1568 Environmental Protection shall transfer revenues from the Land 1569 Acquisition Trust Fund within the department to the land 1570 acquisition trust funds within the Department of Agriculture and 1571 Consumer Services, the Department of State, and the Fish and 1572 Wildlife Conservation Commission, as provided in this section. 1573 As used in this section, the term “department” means the 1574 Department of Environmental Protection. 1575

(2) After subtracting any required debt service payments, 1576 the proportionate share of revenues to be transferred to each 1577 land acquisition trust fund shall be calculated by dividing the 1578 appropriations from each of the land acquisition trust funds for 1579 the fiscal year by the total appropriations from the Land 1580 Acquisition Trust Fund within the department and the land 1581 acquisition trust funds within the Department of Agriculture and 1582 Consumer Services, the Department of State, and the Fish and 1583 Wildlife Conservation Commission for the fiscal year.

The 1584 department shall transfer the proportionate share of the 1585 revenues in the Land Acquisition Trust Fund within the 1586 department on a monthly basis to the appropriate land 1587 acquisition trust funds within the Department of Agriculture and 1588 Consumer Services, the Department of State, and the Fish and 1589

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 56 of 79 CODING: Words stricken are deletions; words underlined are additions. Wildlife Conservation Commission and shall retain its 1590 proportionate share of the revenues in the Land Acquisition 1591 Trust Fund within the department. Total distributions to a land 1592 acquisition trust fund within the Department of Agriculture and 1593 Consumer Services, the Department of State, and the Fish and 1594 Wildlife Conservation Commission may not exceed the total 1595 appropriations from such trust fund for the fiscal year. 1596

(3) In addition, the department shall transfer from the 1597 Land Acquisition Trust Fund to land acquisition tru st funds 1598 within the Department of Agriculture and Consumer Services, the 1599 Department of State, and the Fish and Wildlife Conservation 1600 Commission amounts equal to the difference between the amounts 1601 appropriated in

chapter 2021-36, Laws of Florida, to the 1602 department’s Land Acquisition Trust Fund and the other land 1603 acquisition trust funds, and the amounts actually transferred 1604 between those trust funds during the 2021-2022 fiscal year. 1605

(4) The department may advance funds from the beginning 1606 unobligated fund balance in the Land Acquisition Trust Fund to 1607 the Land Acquisition Trust Fund within the Fish and Wildlife 1608 Conservation Commission needed for cash flow purposes based on a 1609 detailed expenditure plan. The department shall prorate amounts 1610 transferred quarterly to the Fish and Wildlife Conservation 1611 Commission to recoup the amount of funds advanced by June 30, 1612 2023. 1613

(5) This

section expires July 1, 2023. 1614

Section 48. In order to implement Specific Appropriations 1615 1472 through 1481 of the 2022-2023 General Appropriations Act, 1616 subsection (8) of

section 576.045, Florida Statutes, is amended 1617 to read: 1618

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 57 of 79 CODING: Words stricken are deletions; words underlined are additions. 576.045 Nitrogen and phosphorus; findings and intent; fees; 1619 purpose; best management practices; waiver of liability; 1620 compliance; rules; exclusions; expiration.— 1621

(8) EXPIRATION OF PROVISIONS.—Subsections (1), (2), (3), 1622 (4), and (6) expire on December 31, 2023 2022. Subsections (5) 1623 and (7) expire on December 31, 2027. 1624

Section 49. In order to implement appropriations from the 1625 Land Acquisition Trust Fund within the Department of 1626 Environmental Protection in the 2022-2023 General Appropriations 1627 Act, paragraph (

b) of subsection (3) of

section 375.041, Florida 1628 Statutes, is amended to read: 1629 375.041 Land Acquisition Trust Fund.— 1630

(3) Funds distributed into the Land Acquisition Trust Fund 1631 pursuant to s. 201.15 shall be applied: 1632 (

b) Of the funds remaining after the payments required 1633 under paragraph (a), but before funds may be appropriated, 1634 pledged, or dedicated for other uses: 1635 1.

A minimum of the lesser of 25 percent or $200 mi llion 1636 shall be appropriated annually for Everglades projects that 1637 implement the Comprehensive Everglades Restoration Plan as set 1638 forth in s. 373.470, including the Central Everglades Planning 1639 Project subject to Congressional authorization; the Long -Term 1640 Plan as defined in s. 373.4592(2); and the Northern Everglades 1641 and Estuaries Protection Program as set forth in s. 373.4595. 1642 From these funds, $32 million shall be distributed each fiscal 1643 year through the 2023-2024 fiscal year to the South Florida 1644 Water Management District for the Long-Term Plan as defined in 1645 s. 373.4592(2).

After deducting the $32 million distributed 1646 under this subparagraph, from the funds remaining, a minimum of 1647

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 58 of 79 CODING: Words stricken are deletions; words underlined are additions. the lesser of 76.5 percent or $100 million shall be appropriated 1648 each fiscal year through the 2025-2026 fiscal year for the 1649 planning, design, engineering, and construction of the 1650 Comprehensive Everglades Restoration Plan as set forth in s. 1651 373.470, including the Central Everglades Planning Project, the 1652 Everglades Agricultural Area Storage Reservoir Project, the Lake 1653 Okeechobee Watershed Project, the C-43 West Basin Storage 1654 Reservoir Project, the Indian River Lagoon-South Project, the 1655 Western Everglades Restoration Project, and the Picayune Strand 1656 Restoration Project.

The Department of Environmental Protection 1657 and the South Florida Water Management District shall give 1658 preference to those Everglades restoration projects that reduce 1659 harmful discharges of water from Lake Okeechobee to the St. 1660 Lucie or Caloosahatchee estuaries in a timely m anner. For the 1661 purpose of performing the calculation provided in this 1662 subparagraph, the amount of debt service paid pursuant to 1663 paragraph (

a) for bonds issued after July 1, 2016, for the 1664 purposes set forth under paragraph (

b) shall be added to the 1665 amount remaining after the payments required under paragraph 1666 (a). The amount of the distribution calculated shall then be 1667 reduced by an amount equal to the debt service paid pursuant to 1668 paragraph (

a) on bonds issued after July 1, 2016, for the 1669 purposes set forth under this subparagraph. 1670 2. A minimum of the lesser of 7.6 percent or $50 million 1671 shall be appropriated annually for spring restoration, 1672 protection, and management projects. For the purpose of 1673 performing the calculation provided in this subparagraph, the 1674 amount of debt service paid pursuant to paragraph (

a) for bonds 1675 issued after July 1, 2016, for the purposes set forth under 1676

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 59 of 79 CODING: Words stricken are deletions; words underlined are additions. paragraph (

b) shall be added to the amount remaining after the 1677 payments required under paragraph (a). The amount of the 1678 distribution calculated shall then be reduced by an amount equal 1679 to the debt service paid pursuant to paragraph (

a) on bonds 1680 issued after July 1, 2016, for the purposes set forth under this 1681 subparagraph. 1682 3. The sum of $5 million shall be appropriated annually 1683 each fiscal year through the 2025-2026 fiscal year to the St. 1684 Johns River Water Management District for projects dedicated to 1685 the restoration of Lake Apopka. This distribution shall be 1686 reduced by an amount equal to the debt service paid pursuant to 1687 paragraph (

a) on bonds issued after July 1, 2016, for the 1688 purposes set forth in this subparagraph. 1689 4. The sum of $64 million is appropriated and shall be 1690 transferred to the Everglades Trust Fund for the 2018 -2019 1691 fiscal year, and each fiscal year thereafter, for the EAA 1692 reservoir project pursuant to s. 373.4598. Any funds remaining 1693 in any fiscal year shall be made available only for Phase II of 1694 the C-51 reservoir project or projects identified in 1695 subparagraph 1. and must be used in accordance with laws 1696 relating to such projects.

Any funds made available for such 1697 purposes in a fiscal year are in addition to the amount 1698 appropriated under subparagraph 1. This distribution shall be 1699 reduced by an amount equal to the debt service paid pursuant to 1700 paragraph (

a) on bonds issued after July 1, 2017, for the 1701 purposes set forth in this subparagraph. 1702 5. The sum of $50 million shall be appropriated annually to 1703 the South Florida Water Management District for the Lake 1704 Okeechobee Watershed Restoration Project in accordance with s. 1705

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 60 of 79 CODING: Words stricken are deletions; words underlined are additions. 373.4599. This distribution must be reduced by an amount equal 1706 to the debt service paid pursuant to paragraph (

a) on bonds 1707 issued after July 1, 2021, for the purposes set forth in this 1708 subparagraph. 1709 6. Notwithstanding subparagraph 3., for the 2022-2023 2021-1710 2022 fiscal year, funds shall be appropriated as provided in the 1711 General Appropriations Act. This subparagraph expires July 1, 1712 2023 2022. 1713

Section 50. In order to implement Specific Appropriation 1714 1713 of the 2022-2023 General Appropriations Act, and 1715 notwithstanding the expiration date in

section 48 of

chapter 1716 2021-37, Laws of Florida, paragraph (

g) of subsection (15) of 1717

section 376.3071, Florida Statutes, is reenacted to read: 1718 376.3071 Inland Protection Trust Fund; creation; purposes; 1719 funding.— 1720

(15) ETHANOL OR BIODIESEL DAMAGE; PREVENTIVE MEASURES.—The 1721 department shall pay, pursuant to this subsection, up to $10 1722 million each fiscal year from the fund for the costs of labor 1723 and equipment to repair or replace petroleum storage systems 1724 that may have been damaged due to the storage of fuels blended 1725 with ethanol or biodiesel, or for preventive measures to reduce 1726 the potential for such damage. 1727 (

g) Payments may not be made for the following: 1728 1. Proposal costs or costs related to preparation of the 1729 application and required documentation; 1730 2. Certified public accountant costs; 1731 3. Except as provided in paragraph (j), any costs in excess 1732 of the amount approved by the department under paragraph (

b) or 1733 which are not in substantial compliance with the purchase order; 1734

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 61 of 79 CODING: Words stricken are deletions; words underlined are additions. 4. Costs associated with storage tanks, piping, or 1735 ancillary equipment that has previously been repaired or 1736 replaced for which costs have been paid under this section; 1737 5. Facilities that are not in compliance with department 1738 storage tank rules, until the noncompliance issues have been 1739 resolved; or 1740 6. Costs associated with damage to petroleum storage 1741 systems caused in whole or in part by causes other than the 1742 storage of fuels blended with ethanol or biodiesel. 1743

Section 51. The amendment to s. 376.3071(15)(g), Florida 1744 Statutes, as carried forward from

chapter 2020-114, Laws of 1745 Florida, by this act, expires July 1, 2023, and the text of that 1746 paragraph shall revert to that in existence on July 1, 2020, not 1747 including any amendments made by this act or

chapter 2020 -114, 1748 Laws of Florida, except that any amendments to such text enacted 1749 other than by this act shall be preserved and continue to 1750 operate to the extent that such amendments are not dependent 1751 upon the portion of text which expires pursuant to this section. 1752

Section 52. In order to implement Specific Appropriation 1753 2923 of the 2022-2023 General Appropriations Act, and 1754 notwithstanding the expiration date in

section 70 of

chapter 1755 2021-37, Laws of Florida, subsection (3) of

section 282.709, 1756 Florida Statutes, is reenacted to read: 1757 282.709 State agency law enforcement radio system and 1758 interoperability network.— 1759

(3) In recognition of the critical nature of the statewide 1760 law enforcement radio communications system, the Legislature 1761 finds that there is an immediate danger to the pub lic health, 1762 safety, and welfare, and that it is in the best interest of the 1763

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 62 of 79 CODING: Words stricken are deletions; words underlined are additions. state to continue partnering with the system’s current operator. 1764 The Legislature finds that continuity of coverage is critical to 1765 supporting law enforcement, first responders, and other public 1766 safety users. The potential for a loss in coverage or a lack of 1767 interoperability between users requires emergency action and is 1768 a serious concern for officers’ safety and their ability to 1769 communicate and respond to various disasters and events . 1770 (

a) The department, pursuant to s. 287.057(10), shall enter 1771 into a 15-year contract with the entity that was operating the 1772 statewide radio communications system on January 1, 2021. The 1773 contract must include: 1774 1. The purchase of radios; 1775 2. The upgrade to the Project 25 communications standard; 1776 3. Increased system capacity and enhanced coverage for 1777 system users; 1778 4. Operations, maintenance, and support at a fixed annual 1779 rate; 1780 5. The conveyance of communications towers to the 1781 department; and 1782 6. The assignment of communications tower leases to the 1783 department. 1784 (

b) The State Agency Law Enforcement Radio System Trust 1785 Fund is established in the department and funded from surcharges 1786 collected under ss. 318.18, 320.0802, and 328.72. Upon 1787 appropriation, moneys in the trust fund may be used by the 1788 department to acquire the equipment, software, and engineering, 1789 administrative, and maintenance services it needs to construct, 1790 operate, and maintain the statewide radio system. Moneys in the 1791 trust fund from surcharges shall be used to help fund the costs 1792

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 63 of 79 CODING: Words stricken are deletions; words underlined are additions. of the system. Upon completion of the system, moneys in the 1793 trust fund may also be used by the department for payment of the 1794 recurring maintenance costs of the system. 1795

Section 53. The text of s. 282.709(3), Florida Statutes, as 1796 carried forward from

chapter 2021-37, Laws of Florida, by this 1797 act, expires July 1, 2023, and the text of that subsection shall 1798 revert to that in existence on June 1, 2021, except that any 1799 amendments to such text enacted other than by this act shall be 1800 preserved and continue to operate to the extent that such 1801 amendments are not dependent upon the portions of text which 1802 expire pursuant to this section. 1803

Section 54. In order to implement appropriations relating 1804 to the purchase of equipment and services related to the 1805 Statewide Law Enforcement Radio System (SLERS) as authorized in 1806 the 2022-2023 General Appropriations Act, and notwithstanding s. 1807 287.057, Florida Statutes, state agencies and other eligible 1808 users of the SLERS network may use the Department of Management 1809 Services SLERS contract for purchase of equipment and services. 1810 This

section expires July 1, 2023. 1811

Section 55. In order to implement

section 59 of the 2022-1812 2023 General Appropriations Act, and in order to expedite the 1813 closure of the Piney Point facility located in Manatee County, 1814 the Department of Environmental Protection is ex empt from the 1815 competitive procurement requirements of s. 287.057, Florida 1816 Statutes, for any procurement of commodities or contractual 1817 services in support of the site closure or to address 1818 environmental impacts associated with the system failure. This 1819

section expires July 1, 2023. 1820

Section 56. In order to implement Specific Appropriation 1821

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 64 of 79 CODING: Words stricken are deletions; words underlined are additions. 2656 of the 2022-2023 General Appropriations Act, paragraph (b) 1822 of subsection (3) and subsection (5) of

section 321.04, Florida 1823 Statutes, are amended to read: 1824 321.04 Personnel of the highway patrol; rank 1825 classifications; probationary status of new patrol officers; 1826 subsistence; special assignments.— 1827 (3) 1828 (

b) For the 2022-2023 2021-2022 fiscal year only, upon the 1829 request of the Governor, the Department of Highway Safety and 1830 Motor Vehicles shall assign one or more patrol officers to the 1831 office of the Lieutenant Governor for security services. This 1832 paragraph expires July 1, 2023 2022. 1833

(5) For the 2022-2023 2021-2022 fiscal year only, the 1834 assignment of a patrol officer by the department shall include a 1835 Cabinet member specified in s. 4, Art. IV of the State 1836 Constitution if deemed appropriate by the department or in 1837 response to a threat and upon written request of such Cabinet 1838 member. This subsection expires July 1, 2023 2022. 1839

Section 57. Effective upon becoming a law and in order to 1840 implement Specific Appropriations 2637 and 2645 of the 2022 -2023 1841 General Appropriations Act, subsection (7) of sect ion 215.559, 1842 Florida Statutes, is amended to read: 1843 215.559 Hurricane Loss Mitigation Program.—A Hurricane Loss 1844 Mitigation Program is established in the Division of Emergency 1845 Management. 1846

(7) This

section is repealed June 30, 2023 2022. 1847

Section 58. In order to implement

section 84 of the 2022-1848 2023 General Appropriations Act, subsection (3) of

section 1849 288.80125, Florida Statutes, is amended to read: 1850

Florida Senate - 2022 SB 2502 576-02872A-22 20222502__ Page 65 of 79 CODING: Words stricken are deletions; words underlined are additions. 288.80125 Triumph Gulf Coast Trust Fund.— 1851

(3) For the 2022-2023 2021-2022 fiscal year, funds shall be 1852 used for the Rebuild Florida Revolving Loan Fund program to 1853 provide assistance to businesses impacted by Hurricane Michael 1854 as provided in the General Appropriations Act. This subsection 1855 expires July 1, 2023 2022. 1856

Section 59. In order to implement Specific Appropriations 1857 1940 through 1953, 1962 through 1964, 1972 through 1981, 1983 1858 through 1991, and 2026 through 2039 and

section 104 of the 2022-1859 2023 General Appropriations Act, subsections (4) and (5) of 1860

section 339.08, Florida Statutes, are amended to read: 1861 339.08 Use of moneys in State Transportation Trust Fund. — 1862

(4) Notwithstanding the provisions of this

section and ss. 1863 215.32(2)(b)4. and 339.09(1), and for the 2021-2022 fiscal year 1864 only, funds may be transferred from the State Transportation 1865 Trust Fund to the General Revenue Fund as specified in the 1