SB 2502 — Implementing the 2018-2019 General Appropriations Act

requiring the department to ensure that petroleum storage systems approved after a specified date meet certain standards;

amending s.

256291 Be It Enacted by the Legislature of the State of Florida:

258293 Section 1. It is the intent of the Legislature that the implementing and administering provisions of this act apply to the General Appropriations Act for the 2018-2019 fiscal year.

The Florida Education Finance Program,” dated JanuaryFebruary 26,1, 2018, and filed with the Secretary of the Senate, are incorporated by reference for the purpose of displaying the calculations used by the Legislature, consistent with the requirements of state law, in making appropriations for the Florida Education Finance Program.

Section 4. In order to implement Specific Appropriations 6 and 92 of the 2018-2019 General Appropriations Act, presentparagraphs subsections(b) (16) and (17)(c) of section 1011.62, Florida Statutes, are renumbered as subsections (18) and (19), respectively, paragraph (a) of subsection (4)(10) and subsection (14) of that section are1002.333, amended,Florida andStatutes, new subsections (16) and (17) are addedamended to that section, to read:

1002.333 Persistently low-performing schools.— (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program is created within the Department of Education.

(b) A traditional public school that is required to submit a plan for implementation pursuant to s.

1008.33(4) is eligible to receive funding for services authorized up to $2,000 per full-time equivalent student from the hope supplemental services allocation established under s.

1011.62(16) Schools of Hope Program based upon the strength of the school’s plan for implementation and its focus on evidence-based interventions that lead to student success by providing wrap-around services that leverage community assets, improve school and community collaboration, and develop family and community partnerships.

Wrap-around services include, but are not limited to, tutorial and after-school programs, student counseling, nutrition education, parental counseling, and adult education.

Plans for implementation may also include models that develop a culture of attending college, high academic expectations, character development, dress codes, and an extended school day and school year.

At a minimum, a plan for implementation must:

1. Establish wrap-around services that develop family and community partnerships.

2. Establish clearly defined and measurable high academic and character standards.

3. Increase parental involvement and engagement in the child’s education.

4. Describe how the school district will identify, recruit, retain, and reward instructional personnel.

The state board may waive the requirements of s.

1012.22(1)(c)5., and suspend the requirements of s.

1012.34, to facilitate implementation of the plan.

5. Identify a knowledge-rich curriculum that the school will use that focuses on developing a student’s background knowledge.

6. Provide professional development that focuses on academic rigor, direct instruction, and creating high academic and character standards.

(c) For the 2017-2018 fiscal year, the state board shall:

1. Provide awards for up to 25 schools and prioritize awards for implementation plans submitted pursuant to paragraph (b) that are based on whole school transformation and that are developed in consultation with the school’s principal.

2. Annually report on the implementation of this subsection in the report required by s. 1008.345(5), and provide summarized academic performance reports of each traditional public school receiving funds.

Section 5. The amendments made by this act to s.

1002.33(10)(b)-(c), Florida Statutes, expire July 1, 2019, and the text of those paragraphs shall revert to that in existence on June 30, 2018, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.

Section 6.  In order to implement Specific Appropriations 6 and 92 of the 2018-2019 General Appropriations Act, present subsections (16) and (17) of section 1011.62, Florida Statutes, are renumbered as subsections (19) and (20), respectively, new subsections (16) and (17) and subsection (18) are added to that section, and paragraph (a) of subsection (4) and subsection (14) of that section are amended, to read:

The value certified shall be the taxable value for school purposes for that year, and no further adjustments shall be made, except those made pursuant to paragraphs (c) and (d), or an assessment roll change required by final judicial decisions as specified in paragraph (18)(b)(19)(b) (16)(b).

The guarantee shall be calculated from prior year base funding per unweighted FTE student which shall include the adjusted FTE dollars as provided in subsection (18)(19) (16), quality guarantee funds, and actual nonvoted discretionary local effort from taxes.

The current year funds from which the guarantee shall be determined shall include the adjusted FTE dollars as provided in subsection (18)(19) (16) and potential nonvoted discretionary local effort from taxes.

(16) MENTAL(16) HOPE HEALTHSUPPLEMENTAL ASSISTANCESERVICES ALLOCATION.—The mentalhope healthsupplemental assistanceservices allocation is created to provide supplementaldistrict fundingmanaged toturnaround assistschools, schoolas districtsrequired inunder establishings. or expanding comprehensive school-based mental health programs that increase awareness of mental health issues among children and school-age youth;

training1008.33(4)(a), educators and othercharter schoolschools staffauthorized inunder detectings. and responding to mental health issues;

and1008.33(4)(b), connectingwith children,funds youth,to andoffer familiesservices whodesigned mayto experienceimprove behavioralthe healthoverall issuesacademic withand appropriatecommunity services.welfare of the schools’ students and their families.

These(a) Services fundsfunded mayby be allocated annually in the Generalallocation Appropriationsmay Actinclude, tobut eachare eligiblenot schoollimited districtto, tutorial and developmentalafter-school researchprograms, schoolstudent basedcounseling, onnutrition eacheducation, entity’sand proportionateparental sharecounseling. of FEFP base funding.

In addition, services may also include models that develop a culture that encourages students to complete high school and to attend college or career training, set high academic expectations, inspire character development, and include an extended school day and school year.

(b) Prior to distribution of the allocation, a school district, for a district turnaround school, or the charter school governing board for a charter school, as applicable, shall develop and submit a plan for implementation to its respective governing body for approval no later than August 1 of the fiscal year.

(c) At a minimum, the plans required under paragraph (b) must:

1. Establish comprehensive support services that develop family and community partnerships;

2. Establish clearly defined and measurable high academic and character standards;

3. Increase parental involvement and engagement in the child’s education;

4. Describe how instructional personnel will be identified, recruited, retained, and rewarded;

5. Provide professional development that focuses on academic rigor, direct instruction, and creating high academic and character standards;

and 6. Provide focused instruction to improve student academic proficiency, which may include additional instruction time beyond the normal school day or school year.

(d) Each school district and hope operator shall submit approved plans to the commissioner by September 1 of each fiscal year.

(e) For the 2018-2019 fiscal year, a school that is selected to receive funding in the 2017-2018 fiscal year pursuant to s.

1002.333(10)(c) shall receive $2,000 per FTE.

A district-managed turnaround school required under s.

1008.33(4)(a) and a charter school authorized under s.

1008.33(4)(b) are eligible for the remaining funds based on the school’s unweighted FTE, up to $2,000 per FTE or as provided in the General Appropriations Act.

511 This subsection expires July 1, 2019.

(17) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health assistance allocation is created to provide supplemental funding to assist school districts in establishing or expanding comprehensive school-based mental health programs that increase awareness of mental health issues among children and school-age youth;

train educators and other school staff in detecting and responding to mental health issues;

and connect children, youth, and families who may experience behavioral health issues with appropriate services.

These funds may be allocated annually in the General Appropriations Act to each eligible school district and developmental research school based on each entity’s proportionate share of Florida Education Finance Program base funding.

(a) Before(a) Prior theto distribution of the allocation:

1. The school district must annually develop and submit a detailed plan outlining the local program and planned expenditures to the district school board for approval.

2. A charter school must annually develop and submit a detailed plan outlining the local program and planned expenditures of the funds in the plan to its governing boardbody for approval.

After the plan is approved by the governing board,body, it must be provided to theits appropriate school district for submission to the commissioner.

(b) Plans(b) The plans required under paragraph (a) must,must include, at a minimum, includeall of the following elements:

and 6. Training opportunities for school personnel regardingin the techniques and supports needed to identify students who have trauma histories and who have or are at risk of having a mental illness, and in the use of referral mechanisms that effectively link such students to appropriate treatment and intervention services in the school and in the community.

(c) School(c) The districts mustshall submit plans approved byplans the district school board to the commissioner by August 1 of each fiscal year.

(d) Beginning569 SeptemberThis 30, 2019, and by each September 30 thereafter, each entity that receives an allocation under this subsection shallexpires submitJuly a1, final2019. report on its program outcomes and its expenditures for each element of the program, in a format prescribed by the department, to the commissioner.

433(18) FUNDING ThisCOMPRESSION subsectionALLOCATION.—The expiresLegislature Julymay 1,provide 2019.an annual funding compression allocation in the General Appropriations Act.

(17) FUNDING COMPRESSION ALLOCATION.—The Legislature may provide an annual funding compression allocation in the General Appropriations Act.

Using the most recent prior year FEFP calculation for each eligible school district, the total funds per FTE shall be subtracted from the state average funds per FTE, not including any adjustments made pursuant to paragraph (18)(b).(19)(b).

The resulting funds per FTE difference, or a portion thereof, as designated in the General Appropriations Act, mustshall then be multiplied by the school district’s total unweighted FTE to provide the allocation.

588 This subsection expires July 1, 2019.

Section 5. In7. In order to implement Specific AppropriationAppropriations 2006 and 92 of the 2018-2019 General Appropriations Act, theparagraph calculations(c) for the Medicaid Disproportionate Share Hospital program for the 2018-2019 fiscal year contained in the document titled “Medicaid Hospital Funding Program,” dated January 26, 2018, and filed with the Secretary of thesubsection Senate,(3) are incorporated by reference for the purpose of displayingsection the1012.731, calculationsFlorida usedStatutes, byis theamended Legislature,to consistentread: with the requirements of state law, in making appropriations for the Medicaid Disproportionate Share Hospital program.

1012.731 The Florida Best and Brightest Teacher Scholarship Program.— (3) (c) Notwithstanding the requirements of this subsection, for the 2017-2018, 2018-2019, and 2019-2020 school years, any classroom teacher who:

1. Was evaluated as highly effective pursuant to s.

1012.34 in the school year immediately preceding the year in which the scholarship will be awarded shall receive a scholarship of $1200, including a classroom teacher who received an award pursuant to paragraph (a).

2. Was evaluated as effective pursuant to s.

1012.34 in the school year immediately preceding the year in which the scholarship will be awarded a scholarship of up to $800.

If the number of eligible classroom teachers under this subparagraph exceeds the total allocation, the department shall prorate the per-teacher scholarship amount.

611 This paragraph expires July 1, 2020.

Section 8. In order to implement Specific Appropriation 200 of the 2018-2019 General Appropriations Act, the calculations for the Medicaid Disproportionate Share Hospital program for the 2018-2019 fiscal year contained in the document titled “Medicaid Hospital Funding Program,” dated January 26, 2018, and filed with the Secretary of the Senate, are incorporated by reference for the purpose of displaying the calculations used by the Legislature, consistent with the requirements of state law, in making appropriations for the Medicaid Disproportionate Share Hospital program.

Section 6. In9. In order to implement Specific Appropriations 193 through 220 and 524 of the 2018-2019 General Appropriations Act, and notwithstanding ss.

Section 7. In10. In order to implement Specific Appropriation 242 of the 2018-2019 General Appropriations Act:

Section 8. In11. Effective October 1, 2018, in order to implement Specific AppropriationAppropriations 200217 and 218 of the 2018-2019 General Appropriations Act, subsectionssection (2)8 and (10) of sectionchapter 409.911,2017-129, FloridaLaws Statutes,of areFlorida, is amended to read:

Section 8. Effective October 1, 2018, subsection (2) of section 409.908, Florida Statutes, is amended to read:

409.908 Reimbursement of Medicaid providers.—Subject to specific appropriations, the agency shall reimburse Medicaid providers, in accordance with state and federal law, according to methodologies set forth in the rules of the agency and in policy manuals and handbooks incorporated by reference therein.

These methodologies may include fee schedules, reimbursement methods based on cost reporting, negotiated fees, competitive bidding pursuant to s.

287.057, and other mechanisms the agency considers efficient and effective for purchasing services or goods on behalf of recipients.

If a provider is reimbursed based on cost reporting and submits a cost report late and that cost report would have been used to set a lower reimbursement rate for a rate semester, then the provider’s rate for that semester shall be retroactively calculated using the new cost report, and full payment at the recalculated rate shall be effected retroactively.

Medicare-granted extensions for filing cost reports, if applicable, shall also apply to Medicaid cost reports.

Payment for Medicaid compensable services made on behalf of Medicaid eligible persons is subject to the availability of moneys and any limitations or directions provided for in the General Appropriations Act or chapter 216.

Further, nothing in this section shall be construed to prevent or limit the agency from adjusting fees, reimbursement rates, lengths of stay, number of visits, or number of services, or making any other adjustments necessary to comply with the availability of moneys and any limitations or directions provided for in the General Appropriations Act, provided the adjustment is consistent with legislative intent.

(2)(a)1. Reimbursement to nursing homes licensed under part II of chapter 400 and state-owned-and-operated intermediate care facilities for the developmentally disabled licensed under part VIII of chapter 400 must be made prospectively.

2. Unless otherwise limited or directed in the General Appropriations Act, reimbursement to hospitals licensed under part I of chapter 395 for the provision of swing-bed nursing home services must be made on the basis of the average statewide nursing home payment, and reimbursement to a hospital licensed under part I of chapter 395 for the provision of skilled nursing services must be made on the basis of the average nursing home payment for those services in the county in which the hospital is located.

When a hospital is located in a county that does not have any community nursing homes, reimbursement shall be determined by averaging the nursing home payments in counties that surround the county in which the hospital is located.

Reimbursement to hospitals, including Medicaid payment of Medicare copayments, for skilled nursing services shall be limited to 30 days, unless a prior authorization has been obtained from the agency.

Medicaid reimbursement may be extended by the agency beyond 30 days, and approval must be based upon verification by the patient’s physician that the patient requires short-term rehabilitative and recuperative services only, in which case an extension of no more than 15 days may be approved.

Reimbursement to a hospital licensed under part I of chapter 395 for the temporary provision of skilled nursing services to nursing home residents who have been displaced as the result of a natural disaster or other emergency may not exceed the average county nursing home payment for those services in the county in which the hospital is located and is limited to the period of time which the agency considers necessary for continued placement of the nursing home residents in the hospital.

(b) Subject to any limitations or directions in the General Appropriations Act, the agency shall establish and implement a state Title XIX Long-Term Care Reimbursement Plan for nursing home care in order to provide care and services in conformance with the applicable state and federal laws, rules, regulations, and quality and safety standards and to ensure that individuals eligible for medical assistance have reasonable geographic access to such care.

1. The agency shall amend the long-term care reimbursement plan and cost reporting system to create direct care and indirect care subcomponents of the patient care component of the per diem rate.

These two subcomponents together shall equal the patient care component of the per diem rate.

Separate prices shall be calculated for each patient care subcomponent, initially based on the September 2016 rate setting cost reports and subsequently based on the most recently audited cost report used during a rebasing year.

The direct care subcomponent of the per diem rate for any providers still being reimbursed on a cost basis shall be limited by the cost-based class ceiling, and the indirect care subcomponent may be limited by the lower of the cost-based class ceiling, the target rate class ceiling, or the individual provider target.

The ceilings and targets apply only to providers being reimbursed on a cost-based system.

Effective October 1, 2018, a prospective payment methodology shall be implemented for rate setting purposes with the following parameters:

a. Peer Groups, including:

(I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee Counties;

and (II) South-SMMC Regions 10-11, plus Palm Beach and Okeechobee Counties.

b. Percentage of Median Costs based on the cost reports used for September 2016 rate setting:

(I) Direct Care Costs....................105 100 percent.

(II) Indirect Care Costs......................92 percent.

(III) Operating Costs.........................86 percent.

c. Floors:

(I) Direct Care Component.....................95 percent.

(II) Indirect Care Component................92.5 percent.

(III) Operating Component...........................None.

d. Pass-through PaymentsReal Estate and Personal Property Taxes and Property Insurance.

e. Quality Incentive Program Payment Pool7.5 6 percent of September 2016 non-property related payments of included facilities.

f. Quality Score Threshold to Quality for Quality Incentive Payment..................20th percentile of included facilities.

g. Fair Rental Value System Payment Parameters:

(I) Building Value per Square Foot based on 2018 RS Means.

(II) Land Valuation...10 percent of Gross Building value.

(III) Facility Square Footage......Actual Square Footage.

(IV) Moveable Equipment Allowance.........$8,000 per bed.

(V) Obsolescence Factor......................1.5 percent.

(VI) Fair Rental Rate of Return................8 percent.

(VII) Minimum Occupancy.......................90 percent.

(VIII) Maximum Facility Age.....................40 years.

(IX) Minimum Square Footage per Bed..................350.

(X) Maximum Square Footage for Bed...................500.

(XI) Minimum Cost of a renovation/replacements$500 per bed.

h. Ventilator Supplemental payment of $200 per Medicaid day of 40,000 ventilator Medicaid days per fiscal year.

2. The direct care subcomponent shall include salaries and benefits of direct care staff providing nursing services including registered nurses, licensed practical nurses, and certified nursing assistants who deliver care directly to residents in the nursing home facility, allowable therapy costs, and dietary costs.

This excludes nursing administration, staff development, the staffing coordinator, and the administrative portion of the minimum data set and care plan coordinators.

The direct care subcomponent also includes medically necessary dental care, vision care, hearing care, and podiatric care.

3. All other patient care costs shall be included in the indirect care cost subcomponent of the patient care per diem rate, including complex medical equipment, medical supplies, and other allowable ancillary costs.

Costs may not be allocated directly or indirectly to the direct care subcomponent from a home office or management company.

4. On July 1 of each year, the agency shall report to the Legislature direct and indirect care costs, including average direct and indirect care costs per resident per facility and direct care and indirect care salaries and benefits per category of staff member per facility.

5. Every fourth year, the agency shall rebase nursing home prospective payment rates to reflect changes in cost based on the most recently audited cost report for each participating provider.

6. A direct care supplemental payment may be made to providers whose direct care hours per patient day are above the 80th percentile and who provide Medicaid services to a larger percentage of Medicaid patients than the state average.

7. For the period beginning on October 1, 2018, and ending on September 30, 2021, the agency shall reimburse providers the greater of their September 2016 cost-based rate or their prospective payment rate.

Effective October 1, 2021, the agency shall reimburse providers the greater of 95 percent of their cost-based rate or their rebased prospective payment rate, using the most recently audited cost report for each facility.

This subparagraph shall expire September 30, 2023.

8. Pediatric, Florida Department of Veterans Affairs, and government-owned facilities are exempt from the pricing model established in this subsection and shall remain on a cost-based prospective payment system.

Effective October 1, 2018, the agency shall set rates for all facilities remaining on a cost based prospective payment system using each facility’s most recently audited cost report, eliminating retroactive settlements.

839 It is the intent of the Legislature that the reimbursement plan achieve the goal of providing access to health care for nursing home residents who require large amounts of care while encouraging diversion services as an alternative to nursing home care for residents who can be served within the community.

The agency shall base the establishment of any maximum rate of payment, whether overall or component, on the available moneys as provided for in the General Appropriations Act.

The agency may base the maximum rate of payment on the results of scientifically valid analysis and conclusions derived from objective statistical data pertinent to the particular maximum rate of payment.

Section 12. Effective October 1, 2018, in order to implement Specific Appropriations 217 and 218 of the 2018-2019 General Appropriations Act, subsection (23) of section 409.908, Florida Statutes, is amended to read:

409.908 Reimbursement of Medicaid providers.—Subject to specific appropriations, the agency shall reimburse Medicaid providers, in accordance with state and federal law, according to methodologies set forth in the rules of the agency and in policy manuals and handbooks incorporated by reference therein.

These methodologies may include fee schedules, reimbursement methods based on cost reporting, negotiated fees, competitive bidding pursuant to s.

287.057, and other mechanisms the agency considers efficient and effective for purchasing services or goods on behalf of recipients.

If a provider is reimbursed based on cost reporting and submits a cost report late and that cost report would have been used to set a lower reimbursement rate for a rate semester, then the provider’s rate for that semester shall be retroactively calculated using the new cost report, and full payment at the recalculated rate shall be effected retroactively.

Medicare-granted extensions for filing cost reports, if applicable, shall also apply to Medicaid cost reports.

Payment for Medicaid compensable services made on behalf of Medicaid eligible persons is subject to the availability of moneys and any limitations or directions provided for in the General Appropriations Act or chapter 216.

Further, nothing in this section shall be construed to prevent or limit the agency from adjusting fees, reimbursement rates, lengths of stay, number of visits, or number of services, or making any other adjustments necessary to comply with the availability of moneys and any limitations or directions provided for in the General Appropriations Act, provided the adjustment is consistent with legislative intent.

(23)(a) The agency shall establish rates at a level that ensures no increase in statewide expenditures resulting from a change in unit costs for county health departments effective July 1, 2011.

Reimbursement rates shall be as provided in the General Appropriations Act.

(b)1. Base rate reimbursement for inpatient services under a diagnosis-related group payment methodology shall be provided in the General Appropriations Act.

2.(c) Base rate reimbursement for outpatient services under an enhanced ambulatory payment group methodology shall be provided in the General Appropriations Act.

3. Prospective payment system reimbursement for nursing home services shall be as provided in subsection (2) and in the General Appropriations Act (d) This subsection applies to the following provider types:

1. Nursing homes.

2. County health departments.

(e) The agency shall apply the effect of this subsection to the reimbursement rates for nursing home diversion programs.

Section 13. The amendments made by this act to ss.

409.908(2) and (23), Florida Statutes, expire July 1, 2019, and the text of those subsections shall revert to that in existence on October 1, 2018, not including any amendments made by this act, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.

Section 14. Effective upon this act becoming a law, in order to implement Specific Appropriations 199, 203, 204, 206, 208, and 217 of the 2018-2019 General Appropriations Act, the Agency for Health Care Administration shall seek authorization from the federal Centers for Medicare and Medicaid Services to modify the period of retroactive Medicaid eligibility from 90 days to 30 days in a manner that ensures that the modification becomes effective on July 1, 2018.

Section 15. In order to implement Specific Appropriation 200 of the 2018-2019 General Appropriations Act, subsections (2) and (10) of section 409.911, Florida Statutes, are amended to read:

Section 9. In16. In order to implement Specific Appropriation 200 of the 2018-2019 General Appropriations Act, subsection (3) of section 409.9113, Florida Statutes, is amended to read:

Section 10. In17. In order to implement Specific Appropriation 200 of the 2018-2019 General Appropriations Act, subsection (4) of section 409.9119, Florida Statutes, is amended to read:

Section 11. In18. In order to implement Specific Appropriations 583 through 692 and 711 through 745 of the 2018-2019 General Appropriations Act, subsection (4) of section 216.262, Florida Statutes, is amended to read:

Section 12. In19. In order to implement Specific Appropriations 3127 through 3194 of the 2018-2019 General Appropriations Act, subsection (2) of section 215.18, Florida Statutes, is amended to read:

Section 13. In20. In order to implement Specific Appropriation 716 of the 2018-2019 General Appropriations Act, and notwithstanding s.

Section 14. (1) In21. (1) In order to implement Specific Appropriations 1104 through 1114 of the 2018-2019 General Appropriations Act, the Department of Juvenile Justice must review county juvenile detention payments to ensure that counties fulfill their financial responsibilities required in s.

Section 15. In22. In order to implement Specific Appropriations 1104 through 1114 of the 2018-2019 General Appropriations Act, the Department of Juvenile Justice may not provide, make, pay, or deduct, and a nonfiscally constrained county may not apply, deduct, or receive any reimbursement or any credit for any previous overpayment of juvenile detention care costs related to or for any previous state fiscal year, against the juvenile detention care costs due from the nonfiscally constrained county in the 2018-2019 fiscal year pursuant to s.

Section 16. In23. In order to implement Specific Appropriation 772 of the 2018-2019 General Appropriations Act, subsection (13) of section 27.5304, Florida Statutes, is amended to read:

7231139 (f) This subsection expires July 1, 2019 2018.

Section 17. In24. In order to implement Specific Appropriation 732 of the 2018-2019 General Appropriations Act, paragraph (b) of subsection (7) of section 1011.80, Florida Statutes, is amended to read:

Section 18. In25. In order to implement Specific Appropriation 3129 of the 2018-2019 General Appropriations Act, and notwithstanding s.

Section 19. In26. In order to implement appropriations used to pay existing lease contracts for private lease space in excess of 2,000 square feet in the 2018-2019 General Appropriations Act, the Department of Management Services, with the cooperation of the agencies having the existing lease contracts for office or storage space, shall use tenant broker services to renegotiate or reprocure all private lease agreements for office or storage space expiring between July 1, 2019, and June 30, 2021, in order to reduce costs in future years.

Section 20. In27. In order to implement Specific Appropriations 2758 through 2770 of the 2018-2019 General Appropriations Act, and notwithstanding rule 60A-1.031, Florida Administrative Code, the transaction fee collected for use of the online procurement system, authorized in ss.

Section 21. In28. In order to implement appropriations authorized in the 2018-2019 General Appropriations Act for data center services, and notwithstanding s.

Section 22. In29. In order to implement the appropriation of funds in the appropriation category “Data Processing Assessment Agency for State Technology” in the 2018-2019 General Appropriations Act, and pursuant to the notice, review, and objection procedures of s.

Section 23. In30. In order to implement the appropriation of funds in the appropriation category “Special Categories-Risk Management Insurance” in the 2018-2019 General Appropriations Act, and pursuant to the notice, review, and objection procedures of s.

Section 24. In31. In order to implement the appropriation of funds in the appropriation category “Special Categories-Transfer to Department of Management Services-Human Resources Services Purchased per Statewide Contract” in the 2018-2019 General Appropriations Act, and pursuant to the notice, review, and objection procedures of s.

Section 25. In32. In order to implement Specific Appropriation 2333 of the 2018-2019 General Appropriations Act:

Section 26. In33. In order to implement Specific Appropriation 2908 of the 2018-2019 General Appropriations Act, paragraph (b) of subsection (11) of section 282.0051, Florida Statutes, is amended to read:

Section 27. The34. The amendment made by this act to s.

Section 28. In35. In order to implement Specific Appropriations 1591, 1592, and 1593 of the 2018-2019 General Appropriations Act, paragraph (d) of subsection (11) of section 216.181, Florida Statutes, is amended to read:

9791395 The provisions of this subsection are subject to the notice and objection procedures set forth in s.

Section 29. In36. In order to implement specific appropriations from the land acquisition trust funds within the Department of Agriculture and Consumer Services, the Department of Environmental Protection, the Department of State, and the Fish and Wildlife Conservation Commission, which are contained in the 2018-2019 General Appropriations Act, subsection (3) of section 215.18, Florida Statutes, is amended to read:

Section 30. In37. In order to implement Section 63 of the 2018 2019 General Appropriations Act, paragraph (b) of subsection (3) of section 375.041, Florida Statutes, is amended to read:

Section 31. In38. In order to implement Specific Appropriation 1581 of the 2018-2019 General Appropriations Act, and notwithstanding the expiration date contained in section 39 of chapter 2017-71, Laws of Florida, paragraph (a) of subsection (6) of section 373.470, Florida Statutes, is reenacted to read:

Section 32. The39. The amendment to s.

Section 33. In40. In order to implement Specific Appropriation 1719 of the 2018-2019 General Appropriations Act, paragraph (e) of subsection (11) of section 216.181, Florida Statutes, is amended to read:

11641580 The provisions of this subsection are subject to the notice and objection procedures set forth in s.

Section 34. (1) In41. (1) In order to implement specific appropriations from the land acquisition trust funds within the Department of Agriculture and Consumer Services, the Department of Environmental Protection, the Department of State, and the Fish and Wildlife Conservation Commission, which are contained in the 2018-2019 General Appropriations Act, the Department of Environmental Protection shall transfer revenues from the Land Acquisition Trust Fund within the department to the land acquisition trust funds within the Department of Agriculture and Consumer Services, the Department of State, and the Fish and Wildlife Conservation Commission, as provided in this section.

(3) In addition, the department shall transfer from the Land Acquisition Trust Fund to land acquisition trust funds within the Department of Agriculture and Consumer Services, the Department of State, and the Fish and Wildlife Conservation Commission amounts equal to the difference between the amounts appropriated in chapter 2016-66,2017-70, Laws of Florida, to the department’s Land Acquisition Trust Fund and the other land acquisition trust funds, and the amounts actually transferred between those trust funds during the 2016-20172017-2018 fiscal year.

Section 35. In42. In order to implement Specific Appropriations 1393A, 1393B, 1549, 1549A, 1549B, 1550A, 1681A, 1681B, 1686A, and 1802A of the 2018-2019 General Appropriations Act, the Department of Environmental Protection shall distribute any moneys transferred from the Land Acquisition Trust Fund into the Florida Forever Trust Fund using the distribution formula specified in s.

Section 36. In43. In order to implement Specific Appropriation 1686A of the 2018-2019 General Appropriations Act, subsection (5) is added to section 375.075, Florida Statutes, to read:

Section 37. In44. In order to implement Specific Appropriation 5821660 of the 2018-2019 General Appropriations Act, paragraph (r) is added to subsection (4) of section 295.23,376.3071, Florida Statutes, is amended to read:

376.3071 Inland Protection Trust Fund;

creation;

purposes;

funding.— (4) USES.—Whenever, in its determination, incidents of inland contamination related to the storage of petroleum or petroleum products may pose a threat to the public health, safety, or welfare, water resources, or the environment, the department shall obligate moneys available in the fund to provide for:

(r) Notwithstanding paragraph (j), $10 million is allocated for the 2018-2019 fiscal year for the payment of the repair or the replacement of, or other preventive measures for, storage tanks, piping, or system components.

Such costs may include equipment, preventive measures, excavation, electrical work, site restoration, and maintenance protocols.

Owners or operators may submit an application for funding on forms developed by the department.

1. The application must include:

a. An affidavit by a petroleum storage system specialty contractor and supporting documentation demonstrating that the storage tank system may have been damaged or is subject to damage by incompatibility with fuel blended with ethanol or biodiesel;

b. A proposed scope of work and cost;

and c. For proposals to replace tanks or piping, a statement from a certified public accountant which indicates the depreciated value of the equipment.

The depreciated value is the maximum allowable replacement cost.

Tanks and piping that are 20 years old or older are deemed to have no replacement value.

2. The department must review the application for completeness, accuracy, and reasonableness of costs and scope of work.

Upon approval of an application, the department must issue a purchase order to the applicant.

The department may not issue a purchase order unless funds remain for the current fiscal year.

The purchase order must include a deductible of 25 percent of the total cost.

Except for preventative maintenance contracts, the specified work must be substantially completed within 180 days after the date of issuance of the purchase order.

3. Applications shall be funded on a first-come, first served basis.

Except for preventative maintenance contracts, the specified work must be substantially completed within 180 days after the date of issuance of the purchase order.

After such time, the purchase order is void.

An owner or operator may not cancel a preventative maintenance contract without cause.

Following submission of proof to the department that the approved scope of work;

or, in the case of preventative maintenance contracts, the first service event is complete;

the applicant may request payment.

A petroleum storage system owner or operator may not receive more than $200,000 per fiscal year for any single facility or $500,000 per fiscal year for all the facilities it owns or operates.

4. Owners or operators who have incurred costs for repair, replacement, or other preventative measures as described in this paragraph from July 1, 2015, through June 30, 2018, may apply to request payment for such costs from the department using the procedure specified in this paragraph.

The department may not disburse payments for approved applications for such work until all purchase orders for previously approved applications submitted after July 1, 2018, have been paid and funds remain available for the fiscal year.

Such payment is subject to a deductible of 25 percent of the approved cost.

5. Payment may not be provided for:

a. Any costs for which an application for repair, replacement, or preventative measures is not approved in accordance with this paragraph;

b. Proposal costs or costs related to preparation of the application and required documentation;

c. Costs associated with the services of a certified public accountant;

d. Costs associated with storage tanks, piping, or ancillary equipment that has been previously repaired or replaced with funds that have been paid pursuant to this section;

e. Facilities that are not in compliance with department storage tank rules, until the facility has been brought into compliance with such rules;

or f. Costs associated with damage to petroleum storage systems caused in whole or in part by causes other than the storage of fuels blended with ethanol or biodiesel.

6. This paragraph does not affect the obligations of facility owners or operators or petroleum storage system owners or operators to timely comply with department rules regarding the maintenance, replacement, and repair of petroleum storage systems in order to prevent a release or discharge of pollutants.

This paragraph does not prevent the department from issuing a purchase order in accordance with this paragraph based on grounds that work had commenced before the issuance of the purchase order.

7. The department shall ensure that petroleum storage systems approved after July 1, 2018, meet applicable standards for compatibility for ethanol blends, biodiesel blends, and other alternative fuels that are likely to be installed in such systems.

8. This paragraph expires July 1, 2019.

1782 The issuance of a site rehabilitation completion order pursuant to subsection (5) or paragraph (12)(b) for contamination eligible for programs funded by this section does not alter the project’s eligibility for state-funded remediation if the department determines that site conditions are not protective of human health under actual or proposed circumstances of exposure under subsection (5).

The Inland Protection Trust Fund may be used only to fund the activities in ss.

376.30-376.317 except ss.

376.3078 and 376.3079.

Amounts on deposit in the fund in each fiscal year must first be applied or allocated for the payment of amounts payable by the department pursuant to paragraph (n) under a service contract entered into by the department pursuant to s.

376.3075 and appropriated in each year by the Legislature before making or providing for other disbursements from the fund.

This subsection does not authorize the use of the fund for cleanup of contamination caused primarily by a discharge of solvents as defined in s.

206.9925(6), or polychlorinated biphenyls when their presence causes them to be hazardous wastes, except solvent contamination which is the result of chemical or physical breakdown of petroleum products and is otherwise eligible.

Facilities used primarily for the storage of motor or diesel fuels as defined in ss.

206.01 and 206.86 are not excluded from eligibility pursuant to this section.

Section 45. In order to implement Specific Appropriation 582 of the 2018-2019 General Appropriations Act, section 295.23, Florida Statutes, is amended to read:

Section 38. In46. In order to implement Specific Appropriation 582 of the 2018-2019 General Appropriations Act, paragraphs (a) and (b) of subsection (3) of section 295.21, Florida Statutes, are amended to read:

Section 39. The47. The amendments made by this act to ss.

Section 40. In48. In order to implement Specific Appropriation 1855 of the 2018-2019 General Appropriations Act, subsection (30) of section 427.013, Florida Statutes, is amended to read:

Section 41. In49. In order to implement Specific Appropriation 2296 of the 2018-2019 General Appropriations Act, subsections (3) and (5) of section 321.04, Florida Statutes, are amended to read:

Section 42. In50. In order to implement Specific Appropriations 1856 through 1869, 1875 through 1878, 1891 through 1910, and 1948 through 1959 of the 2018-2019 General Appropriations Act, paragraphs (d), (e), and (f) of subsection (5) of section 339.135, Florida Statutes, are amended to read:

14782017 This paragraph expires July 1, 2019 2018.

Section 43. In51. In order to implement the salaries and benefits, expenses, other personal services, contracted services, special categories, and operating capital outlay categories of the 2018-2019 General Appropriations Act, paragraph (a) of subsection (2) of section 216.292, Florida Statutes, is amended to read:

Section 44. In52. In order to implement the salaries and benefits, expenses, other personal services, contracted services, special categories, and operating capital outlay categories of the 2018-2019 General Appropriations Act, subsection (6) of section 112.24, Florida Statutes, is amended to read:

Section 45. In53. In order to implement Specific Appropriations 2670 and 2671 of the 2018-2019 General Appropriations Act, and notwithstanding s.

Section 46. In54. In order to implement the transfer of funds to the General Revenue Fund from trust funds for the 2018-2019 General Appropriations Act, paragraph (b) of subsection (2) of section 215.32, Florida Statutes, is reenacted to read:

16172156 To the extent possible, each agency must adjust its internal accounting to use existing trust funds consistent with the requirements of this subparagraph.

Section 47. The55. The amendment to s.

Section 48. In56. In order to implement the appropriation of funds in the special categories, contracted services, and expenses categories of the 2018-2019 General Appropriations Act, a state agency may not enter into a contract containing a nondisclosure clause that prohibits the contractor from disclosing information relevant to the performance of the contract to members or staff of the Senate or the House of Representatives.

Section 49. Any57. Any section of this act which implements a specific appropriation or specifically identified proviso language in the 2018-2019 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed.

Section 50. If58. If any other act passed during the 2018 Regular Session of the Legislature contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act takes precedence and continues to operate, notwithstanding the future repeal provided by this act.

Section 51. If59. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Section 52. Except60. Except as otherwise expressly provided in this act and except for this section, which shall take effect upon this act becoming a law, this act shall take effect July 1, 2018;