Bill Text: FL S2502 | 2015 | Regular Session | Engrossed
Bill Title: Implementing the General Appropriations Act
Spectrum: Committee Bill
Status: (Failed) 2015-05-01 - Died in returning Messages [S2502 Detail]
Download: Florida-2015-S2502-Engrossed.html
SB 2502 First Engrossed (ntc)
20152502e1
1 A bill to be entitled
2 An act relating to implementing the 2015-2016 General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program; providing that
6 funds for instructional materials must be released and
7 expended as required in specified proviso language,
8 notwithstanding other provisions of law; amending s.
9 1013.64, F.S.; revising the basis for allocating fixed
10 capital outlay funds for existing satisfactory
11 facilities; providing the required ad valorem tax
12 millage contribution by certain district school boards
13 for funded construction projects; amending s. 1011.62,
14 F.S.; requiring supplemental academic instruction
15 categorical funds and research-based reading
16 instruction allocation funds to be used by a school
17 district with at least one of certain lowest
18 performing elementary schools for additional intensive
19 reading instruction at such school during the summer
20 program in addition to the school year; providing that
21 the additional instruction requirements continue in
22 the subsequent year for certain students; revising the
23 funding of full-time equivalent values for students
24 who earn CAPE industry certifications through dual
25 enrollment; increasing the bonus awarded to teachers
26 who provided instruction in courses that led to
27 certain CAPE industry certifications; specifying a
28 maximum bonus amount per teacher per school year;
29 revising the calculation of the discretionary millage
30 compression supplement amount; revising the
31 computation of district sparsity index for districts
32 with a specified full-time equivalent student
33 membership; deleting obsolete language; revising the
34 calculation of the virtual education contribution;
35 creating a federally connected student supplement for
36 school districts; specifying eligibility requirements
37 and calculations for the supplement; amending s.
38 1011.71, F.S.; conforming a cross-reference;
39 authorizing enterprise resource software to be
40 acquired by certain fees and agreements; requiring the
41 Board of Governors and the State Board of Education to
42 base state performance funds for the State University
43 System and the Florida College System, respectively,
44 on specified metrics adopted by each board; specifying
45 allocation of the funds; requiring certain funds to be
46 withheld from an institution based on specified
47 performance; requiring the boards to submit reports by
48 a specified time to the Governor and the Legislature;
49 incorporating by reference certain calculations for
50 the Medicaid Low-Income Pool and Disproportionate
51 Share Hospital programs; requiring the Agency for
52 Health Care Administration to retroactively adjust
53 hospital payment rates to align payments with
54 available intergovernmental transfer funding under
55 certain circumstances; amending s. 20.435, F.S.;
56 revising the authorized uses of funding in the Medical
57 Quality Assurance Trust Fund; prioritizing which
58 categories of individuals on the wait list of the
59 Agency for Persons with Disabilities shall be offered
60 slots in the Medicaid home and community-based waiver
61 programs; requiring the agency to allow an individual
62 to receive waiver services if his or her parent or
63 guardian is an active duty servicemember transferred
64 to Florida and previously received these services in
65 another state; providing that individuals remaining on
66 the wait list are not entitled to a hearing in
67 accordance with federal law or administrative
68 proceeding under state law; amending s. 296.37, F.S.;
69 requiring certain residents of a veterans’ nursing
70 home to contribute to his or her maintenance and
71 support; authorizing the Agency for Health Care
72 Administration, in consultation with the Department of
73 Health, to submit a budget amendment to reflect
74 certain enrollment changes within the Children’s
75 Medical Services network; providing that certain funds
76 provided for training purposes shall be allocated to
77 community-based lead agencies based on a training
78 needs assessment conducted by the Department of
79 Children and Families; amending s. 216.262, F.S.;
80 authorizing the Department of Corrections under
81 certain circumstances to submit a budget amendment for
82 additional positions; authorizing the Department of
83 Legal Affairs to expend certain appropriated funds on
84 programs that were funded by the department from
85 specific appropriations in general appropriations acts
86 in previous years; amending s. 932.7055, F.S.;
87 authorizing a municipality to expend funds from its
88 special law enforcement trust fund to reimburse the
89 municipality’s general fund for moneys advanced from
90 the general fund before a certain date; amending s.
91 215.18, F.S.; providing for trust fund loans to the
92 state court system sufficient to meet its
93 appropriation; providing procedures for accessing and
94 repaying the loan; directing the Department of
95 Management Services to use tenant broker services to
96 renegotiate or reprocure leases for office or storage
97 space; requiring the Department of Management Services
98 to provide a report to the Governor and the
99 Legislature; reenacting s. 624.502, F.S., relating to
100 the deposit of fees for service of process made upon
101 the Chief Financial Officer or Office of Insurance
102 Regulation; providing for deposit of such fees into
103 the Administrative Trust Fund rather than the
104 Insurance Regulatory Trust Fund; authorizing the
105 Agency for Persons with Disabilities, the Department
106 of Agriculture and Consumer Services, the Department
107 of Environmental Protection, the Fish and Wildlife
108 Commission, and the Department of State to submit a
109 budget amendment to realign funding, to increase
110 certain budget authority from trust funds, or to
111 transfer trust funds in order to implement specified
112 law; amending s. 403.7095, F.S.; requiring the
113 Department of Environmental Protection to award a
114 specified amount in grants to certain small counties
115 for waste tire and litter prevention, recycling
116 education, and solid waste programs; amending s.
117 259.105, F.S.; providing that certain funds in the
118 Florida Forever Trust Fund shall be distributed to
119 only the Division of State Lands within the Department
120 of Environmental Protection for the Board of Trustees
121 Florida Forever Priority List land acquisition
122 projects; amending s. 216.181, F.S.; authorizing the
123 Legislative Budget Commission to increase amounts
124 appropriated to the Fish and Wildlife Conservation
125 Commission or the Department of Environmental
126 Protection for fixed capital outlay projects;
127 providing direction to agencies for submitting budget
128 amendments; amending s. 215.18, F.S.; authorizing the
129 Governor, if there is a specified deficiency in the
130 Land Acquisition Trust Fund in the Department of
131 Environmental Protection, to transfer funds from other
132 trust funds in the State Treasury as a temporary loan
133 to the Land Acquisition Trust Fund; providing
134 procedures for such transfer and the repayment of the
135 loan; providing a legislative determination that the
136 repayment of the temporary loan is a constitutionally
137 allowable use of such moneys; amending s. 376.307,
138 F.S.; authorizing moneys in the Water Quality
139 Assurance Trust Fund to be used for the payment of
140 debt service on, or to fund other amounts payable with
141 respect to, certain bonds issued before a specified
142 date by the South Florida Water Management District
143 and St. Johns River Water Management District;
144 authorizing the Department of Highway Safety and Motor
145 Vehicles to extend its existing contract for driver
146 license equipment and consumables under specified
147 circumstances; amending s. 339.135, F.S.; requiring
148 the Department of Transportation to use appropriated
149 funds to support the establishment of a statewide
150 system of interconnected multiuse trails and related
151 facilities; prohibiting these funds from causing the
152 deferral, deletion, or reduction of other funded
153 existing projects; reenacting s. 341.302(10), F.S.,
154 relating to the rail program; revising provisions
155 related to the Department of Transportation’s
156 responsibilities for requiring and administering quiet
157 zones as part of the statewide rail program; amending
158 s. 339.2816, F.S.; authorizing certain funds from the
159 State Transportation Trust Fund to be used for the
160 Small County Road Assistance Program; reenacting s.
161 216.292(2)(a), F.S., relating to exceptions for
162 nontransferable appropriations; removing a restriction
163 on the type of review a legislative appropriations
164 committee may make when reviewing certain notices of
165 proposed transfers by state agencies; prohibiting a
166 state agency from initiating a competitive
167 solicitation for a product or service under certain
168 circumstances; authorizing the Executive Office of the
169 Governor to transfer funds between departments for
170 purposes of aligning amounts paid for risk management
171 premiums and aligning amounts paid for human resource
172 management services; amending s. 112.24, F.S.;
173 providing conditions on the assignment of an employee
174 of a state agency under an employee interchange
175 agreement; providing that the annual salaries of the
176 members of the Legislature shall be maintained at a
177 specified level; reenacting s. 215.32(2)(b), F.S.,
178 relating to the source and use of certain trust funds;
179 authorizing the transfer of unappropriated cash
180 balances to the general revenue or budget
181 stabilization funds from certain trust funds;
182 providing a legislative determination that the
183 issuance of new debt is in the best interests of the
184 state; limiting the use of travel funds to activities
185 that are critical to an agency’s mission; providing
186 exceptions; authorizing the Executive Office of the
187 Governor to transfer funds for use by the state’s
188 designated primary data centers; prohibiting an agency
189 from transferring funds from a data processing
190 category to another category that is not a data
191 processing category; authorizing the Executive Office
192 of the Governor to transfer funds between agencies in
193 order to allocate a reduction relating to SUNCOM
194 Network services; reenacting s. 110.12315, F.S.,
195 relating to the state employees’ prescription drug
196 program; requiring a 90-day supply limit for
197 maintenance prescription drug purchases; requiring the
198 Department of Management Services to negotiate the
199 pharmacy dispensing fee; revising pharmacy
200 reimbursement rates; requiring the department to
201 maintain the preferred brand name drug list and
202 maintenance drug list; specifying the requirements for
203 filling certain types of prescriptions; specifying
204 prescription drug copayment amounts; providing for the
205 effect of a veto of one or more specific
206 appropriations or proviso to which implementing
207 language refers; providing for the continued operation
208 of certain provisions notwithstanding a future repeal
209 or expiration provided by this act; providing
210 severability; providing effective dates.
211
212 Be It Enacted by the Legislature of the State of Florida:
213
214 Section 1. It is the intent of the Legislature that the
215 implementing and administering provisions of this act apply to
216 the General Appropriations Act for the 2015-2016 fiscal year.
217 Section 2. In order to implement Specific Appropriations 7,
218 8, 9, 90, and 91 of the 2015-2016 General Appropriations Act,
219 the calculations of the Florida Education Finance Program for
220 the 2015-2016 fiscal year in the document titled “Public School
221 Funding-The Florida Education Finance Program,” dated _____,
222 2015, and filed with the Secretary of the Senate, are
223 incorporated by reference for the purpose of displaying the
224 calculations used by the Legislature, consistent with the
225 requirements of state law, in making appropriations for the
226 Florida Education Finance Program. This section expires July 1,
227 2016.
228 Section 3. In order to implement Specific Appropriations 7
229 and 90 of the 2015-2016 General Appropriations Act and
230 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
231 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
232 expenditure of funds provided for instructional materials, for
233 the 2015-2016 fiscal year, funds provided for instructional
234 materials shall be released and expended as required in the
235 proviso language for Specific Appropriation 90 of the 2015-2016
236 General Appropriations Act. This section expires July 1, 2016.
237 Section 4. In order to implement Specific Appropriation 18
238 of the 2015-2016 General Appropriations Act, paragraph (a) of
239 subsection (1) of section 1013.64, Florida Statutes, is amended
240 to read:
241 1013.64 Funds for comprehensive educational plant needs;
242 construction cost maximums for school district capital
243 projects.—Allocations from the Public Education Capital Outlay
244 and Debt Service Trust Fund to the various boards for capital
245 outlay projects shall be determined as follows:
246 (1)(a)1. Funds for remodeling, renovation, maintenance,
247 repairs, and site improvement for existing satisfactory
248 facilities shall be given priority consideration by the
249 Legislature for appropriations allocated to the boards from the
250 total amount of the Public Education Capital Outlay and Debt
251 Service Trust Fund appropriated. These funds shall be calculated
252 pursuant to the following basic formula: the building value
253 times the building age over the sum of the years’ digits
254 assuming a 50-year building life. For modular noncombustible
255 facilities, a 35-year life shall be used, and for relocatable
256 facilities, a 20-year life shall be used. “Building value” is
257 calculated by multiplying each building’s total assignable
258 square feet times the appropriate net-to-gross conversion rate
259 found in state board rules and that product times the current
260 average new construction cost. “Building age” is calculated by
261 multiplying the prior year’s building age times 1 minus the
262 prior year’s sum received from this subsection divided by the
263 prior year’s building value. To the net result shall be added
264 the number 1. Each board shall receive the percentage generated
265 by the preceding formula of the total amount appropriated for
266 the purposes of this section.
267 2. Notwithstanding subparagraph 1., and for the 2015-2016
268 2014-2015 fiscal year only, funds appropriated for remodeling,
269 renovation, maintenance, repairs, and site improvement for
270 existing satisfactory facilities shall be allocated by prorating
271 the total appropriation based on each school district’s share of
272 the 2014-2015 2013-2014 reported fixed capital outlay full-time
273 equivalent student. This subparagraph expires July 1, 2016 2015.
274 Section 5. In order to implement Specific Appropriation 22
275 of the 2015-2016 General Appropriations Act and notwithstanding
276 s. 1013.64(2), Florida Statutes, any district school board that
277 generates less than $2 million in revenue from a 1-mill levy of
278 ad valorem tax shall contribute 0.75 mills for fiscal year 2015
279 2016 toward the cost of funded special facilities construction
280 projects. This section expires July 1, 2016.
281 Section 6. In order to implement Specific Appropriations 7
282 and 90 of the 2015-2016 General Appropriations Act, paragraphs
283 (f) and (o) of subsection (1), paragraph (a) of subsection (4),
284 subsection (5), paragraph (b) of subsection (7), paragraph (a)
285 of subsection (9), subsection (11), and present subsection (13)
286 of section 1011.62, Florida Statutes, are amended, present
287 subsections (13), (14), and (15) of that section are
288 redesignated as subsections (14), (15), and (16), respectively,
289 and a new subsection (13) is added to that section, to read:
290 1011.62 Funds for operation of schools.—If the annual
291 allocation from the Florida Education Finance Program to each
292 district for operation of schools is not determined in the
293 annual appropriations act or the substantive bill implementing
294 the annual appropriations act, it shall be determined as
295 follows:
296 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
297 OPERATION.—The following procedure shall be followed in
298 determining the annual allocation to each district for
299 operation:
300 (f) Supplemental academic instruction; categorical fund.—
301 1. There is created a categorical fund to provide
302 supplemental academic instruction to students in kindergarten
303 through grade 12. This paragraph may be cited as the
304 “Supplemental Academic Instruction Categorical Fund.”
305 2. Categorical funds for supplemental academic instruction
306 shall be allocated annually to each school district in the
307 amount provided in the General Appropriations Act. These funds
308 shall be in addition to the funds appropriated on the basis of
309 FTE student membership in the Florida Education Finance Program
310 and shall be included in the total potential funds of each
311 district. These funds shall be used to provide supplemental
312 academic instruction to students enrolled in the K-12 program.
313 For the 2014-2015 and 2015-2016 fiscal years year, each school
314 district that has one or more of the 300 lowest-performing
315 elementary schools based on the state reading assessment shall
316 use these funds, together with the funds provided in the
317 district’s research-based reading instruction allocation and
318 other available funds, to provide an additional hour of
319 instruction beyond the normal school day for each day of the
320 entire school year, and to provide the equivalent hours of
321 instruction in a summer program, for intensive reading
322 instruction for the students in each of these schools. If a
323 participating school is no longer classified as one of the 300
324 lowest-performing elementary schools in the subsequent year, the
325 school must continue to provide the additional hour of intensive
326 reading instruction to all students who have Level 1 or Level 2
327 reading assessment scores. This additional hour of instruction
328 must be provided by teachers or reading specialists who are
329 effective in teaching reading or by a K-5 mentoring reading
330 program that is supervised by a teacher who is effective at
331 teaching reading. Students enrolled in these schools who have
332 level 5 assessment scores may participate in the additional hour
333 of instruction on an optional basis. Exceptional student
334 education centers may shall not be included in the 300 schools.
335 After this requirement has been met, supplemental instruction
336 strategies may include, but are not limited to: modified
337 curriculum, reading instruction, after-school instruction,
338 tutoring, mentoring, class size reduction, extended school year,
339 intensive skills development in summer school, and other methods
340 for improving student achievement. Supplemental instruction may
341 be provided to a student in any manner and at any time during or
342 beyond the regular 180-day term identified by the school as
343 being the most effective and efficient way to best help that
344 student progress from grade to grade and to graduate.
345 3. Effective with the 1999-2000 fiscal year, funding on the
346 basis of FTE membership beyond the 180-day regular term shall be
347 provided in the FEFP only for students enrolled in juvenile
348 justice education programs or in education programs for
349 juveniles placed in secure facilities or programs under s.
350 985.19. Funding for instruction beyond the regular 180-day
351 school year for all other K-12 students shall be provided
352 through the supplemental academic instruction categorical fund
353 and other state, federal, and local fund sources with ample
354 flexibility for schools to provide supplemental instruction to
355 assist students in progressing from grade to grade and
356 graduating.
357 4. The Florida State University School, as a lab school, is
358 authorized to expend from its FEFP or Lottery Enhancement Trust
359 Fund allocation the cost to the student of remediation in
360 reading, writing, or mathematics for any graduate who requires
361 remediation at a postsecondary educational institution.
362 5. Beginning in the 1999-2000 school year, dropout
363 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
364 (b), and (c), and 1003.54 shall be included in group 1 programs
365 under subparagraph (d)3.
366 (o) Calculation of additional full-time equivalent
367 membership based on successful completion of a career-themed
368 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
369 courses with embedded CAPE industry certifications or CAPE
370 Digital Tool certificates, and issuance of industry
371 certification identified on the CAPE Industry Certification
372 Funding List pursuant to rules adopted by the State Board of
373 Education or CAPE Digital Tool certificates pursuant to s.
374 1003.4203.—
375 1.a. A value of 0.025 full-time equivalent student
376 membership shall be calculated for CAPE Digital Tool
377 certificates earned by students in elementary and middle school
378 grades.
379 b. A value of 0.1 or 0.2 full-time equivalent student
380 membership shall be calculated for each student who completes a
381 course as defined in s. 1003.493(1)(b) or courses with embedded
382 CAPE industry certifications and who is issued an industry
383 certification identified annually on the CAPE Industry
384 Certification Funding List approved under rules adopted by the
385 State Board of Education. A value of 0.2 full-time equivalent
386 membership shall be calculated for each student who is issued a
387 CAPE industry certification that has a statewide articulation
388 agreement for college credit approved by the State Board of
389 Education. For CAPE industry certifications that do not
390 articulate for college credit, the Department of Education shall
391 assign a full-time equivalent value of 0.1 for each
392 certification. Middle grades students who earn additional FTE
393 membership for a CAPE Digital Tool certificate pursuant to sub
394 subparagraph a. may not use the previously funded examination to
395 satisfy the requirements for earning an industry certification
396 under this sub-subparagraph. Additional FTE membership for an
397 elementary or middle grades student may shall not exceed 0.1 for
398 certificates or certifications earned within the same fiscal
399 year. The State Board of Education shall include the assigned
400 values on the CAPE Industry Certification Funding List under
401 rules adopted by the state board. Such value shall be added to
402 the total full-time equivalent student membership for grades 6
403 through 12 in the subsequent year for courses that were not
404 provided through dual enrollment. CAPE industry certifications
405 earned through dual enrollment must be reported and funded
406 pursuant to s. 1011.80. However, if a student earns a
407 certification through a dual enrollment course and the
408 certification is not a fundable certification on the
409 postsecondary certification funding list, or the dual enrollment
410 certification is earned as a result of an agreement between a
411 school district and a nonpublic postsecondary institution, the
412 bonus value shall be funded in the same manner as for other
413 nondual enrollment course industry certifications. In such
414 cases, the school district may provide for an agreement between
415 the high school and the technical center, or the school district
416 and the postsecondary institution may enter into an agreement
417 for equitable distribution of the bonus funds.
418 c. A value of 0.3 full-time equivalent student membership
419 shall be calculated for student completion of the courses and
420 the embedded certifications identified on the CAPE Industry
421 Certification Funding List and approved by the commissioner
422 pursuant to ss. 1003.4203(5)(a) and 1008.44.
423 d. A value of 0.5 full-time equivalent student membership
424 shall be calculated for CAPE Acceleration Industry
425 Certifications that articulate for 15 to 29 college credit
426 hours, and 1.0 full-time equivalent student membership shall be
427 calculated for CAPE Acceleration Industry Certifications that
428 articulate for 30 or more college credit hours pursuant to CAPE
429 Acceleration Industry Certifications approved by the
430 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
431 2. Each district must allocate at least 80 percent of the
432 funds provided for CAPE industry certification, in accordance
433 with this paragraph, to the program that generated the funds.
434 This allocation may not be used to supplant funds provided for
435 basic operation of the program.
436 3. For CAPE industry certifications earned in the 2013-2014
437 school year and in subsequent years, the school district shall
438 distribute to each classroom teacher who provided direct
439 instruction toward the attainment of a CAPE industry
440 certification that qualified for additional full-time equivalent
441 membership under subparagraph 1.:
442 a. A bonus in the amount of $25 for each student taught by
443 a teacher who provided instruction in a course that led to the
444 attainment of a CAPE industry certification on the CAPE Industry
445 Certification Funding List with a weight of 0.1.
446 b. A bonus in the amount of $50 for each student taught by
447 a teacher who provided instruction in a course that led to the
448 attainment of a CAPE industry certification on the CAPE Industry
449 Certification Funding List with a weight of 0.2, 0.3, 0.5, and
450 1.0.
451 c. A bonus of $75 for each student taught by a teacher who
452 provided instruction in a course that led to the attainment of a
453 CAPE industry certification on the CAPE Industry Certification
454 Funding List with a weight of 0.3.
455 d. A bonus of $100 for each student taught by a teacher who
456 provided instruction in a course that led to the attainment of a
457 CAPE industry certification on the CAPE Industry Certification
458 Funding List with a weight of 0.5 or 1.0.
459
460 Bonuses awarded pursuant to this paragraph shall be provided to
461 teachers who are employed by the district in the year in which
462 the additional FTE membership calculation is included in the
463 calculation. Bonuses shall be calculated based upon the
464 associated weight of a CAPE industry certification on the CAPE
465 Industry Certification Funding List for the year in which the
466 certification is earned by the student. In a single school year,
467 a Any bonus awarded to a teacher under sub-subparagraph 3.a. or
468 sub-subparagraph 3.b. this paragraph may not exceed $2,000 or
469 under sub-subparagraph 3.c. or sub-subparagraph 3.d. may not
470 exceed $4,000. The maximum bonus that may be awarded to a
471 teacher under this paragraph is $4,000 in a single school year.
472 This bonus in any given school year and is in addition to any
473 regular wage or other bonus the teacher received or is scheduled
474 to receive.
475 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
476 Legislature shall prescribe the aggregate required local effort
477 for all school districts collectively as an item in the General
478 Appropriations Act for each fiscal year. The amount that each
479 district shall provide annually toward the cost of the Florida
480 Education Finance Program for kindergarten through grade 12
481 programs shall be calculated as follows:
482 (a) Estimated taxable value calculations.—
483 1.a. Not later than 2 working days prior to July 19, the
484 Department of Revenue shall certify to the Commissioner of
485 Education its most recent estimate of the taxable value for
486 school purposes in each school district and the total for all
487 school districts in the state for the current calendar year
488 based on the latest available data obtained from the local
489 property appraisers. The value certified shall be the taxable
490 value for school purposes for that year, and no further
491 adjustments shall be made, except those made pursuant to
492 paragraphs (c) and (d), or an assessment roll change required by
493 final judicial decisions as specified in paragraph (15)(b)
494 (14)(b). Not later than July 19, the Commissioner of Education
495 shall compute a millage rate, rounded to the next highest one
496 one-thousandth of a mill, which, when applied to 96 percent of
497 the estimated state total taxable value for school purposes,
498 would generate the prescribed aggregate required local effort
499 for that year for all districts. The Commissioner of Education
500 shall certify to each district school board the millage rate,
501 computed as prescribed in this subparagraph, as the minimum
502 millage rate necessary to provide the district required local
503 effort for that year.
504 b. The General Appropriations Act shall direct the
505 computation of the statewide adjusted aggregate amount for
506 required local effort for all school districts collectively from
507 ad valorem taxes to ensure that no school district’s revenue
508 from required local effort millage will produce more than 90
509 percent of the district’s total Florida Education Finance
510 Program calculation as calculated and adopted by the
511 Legislature, and the adjustment of the required local effort
512 millage rate of each district that produces more than 90 percent
513 of its total Florida Education Finance Program entitlement to a
514 level that will produce only 90 percent of its total Florida
515 Education Finance Program entitlement in the July calculation.
516 2. On the same date as the certification in sub
517 subparagraph 1.a., the Department of Revenue shall certify to
518 the Commissioner of Education for each district:
519 a. Each year for which the property appraiser has certified
520 the taxable value pursuant to s. 193.122(2) or (3), if
521 applicable, since the prior certification under sub-subparagraph
522 1.a.
523 b. For each year identified in sub-subparagraph a., the
524 taxable value certified by the appraiser pursuant to s.
525 193.122(2) or (3), if applicable, since the prior certification
526 under sub-subparagraph 1.a. This is the certification that
527 reflects all final administrative actions of the value
528 adjustment board.
529 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
530 Legislature shall prescribe in the General Appropriations Act,
531 pursuant to s. 1011.71(1), the rate of nonvoted current
532 operating discretionary millage that shall be used to calculate
533 a discretionary millage compression supplement. If the
534 prescribed millage generates an amount of funds per unweighted
535 FTE for the district that is less than 105 percent of the state
536 average, the district shall receive an amount per FTE that, when
537 added to the funds per FTE generated by the designated levy,
538 shall equal 105 percent of the state average.
539 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
540 (b) The district sparsity index shall be computed by
541 dividing the total number of full-time equivalent students in
542 all programs in the district by the number of senior high school
543 centers in the district, not in excess of three, which centers
544 are approved as permanent centers by a survey made by the
545 Department of Education. For districts with a full-time
546 equivalent student membership of at least 20,000, but no more
547 than 24,000, the index shall be computed by dividing the total
548 number of full-time equivalent students in all programs by the
549 number of permanent senior high school centers in the district,
550 not to exceed four.
551 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
552 (a) The research-based reading instruction allocation is
553 created to provide comprehensive reading instruction to students
554 in kindergarten through grade 12. For the 2014-2015 and 2015
555 2016 fiscal years year, in each school district that has one or
556 more of the 300 lowest-performing elementary schools based on
557 the state reading assessment, priority shall be given to
558 providing an additional hour per day of intensive reading
559 instruction beyond the normal school day for each day of the
560 entire school year, and to providing the equivalent hours of
561 intensive reading instruction in a summer program, for the
562 students in each school. If a participating school is no longer
563 classified as one of the 300 lowest-performing elementary
564 schools in the subsequent year, the school must continue to
565 provide the additional hour of intensive reading instruction to
566 all students who have Level 1 or Level 2 reading assessment
567 scores. Students enrolled in these schools who have level 5
568 assessment scores may participate in the additional hour of
569 instruction on an optional basis. Exceptional student education
570 centers may shall not be included in the 300 schools. The
571 intensive reading instruction delivered in this additional hour
572 and for other students shall include: research-based reading
573 instruction that has been proven to accelerate progress of
574 students exhibiting a reading deficiency; differentiated
575 instruction based on student assessment data to meet students’
576 specific reading needs; explicit and systematic reading
577 development in phonemic awareness, phonics, fluency, vocabulary,
578 and comprehension, with more extensive opportunities for guided
579 practice, error correction, and feedback; and the integration of
580 social studies, science, and mathematics-text reading, text
581 discussion, and writing in response to reading. For the 2012
582 2013 and 2013-2014 fiscal years, a school district may not hire
583 more reading coaches than were hired during the 2011-2012 fiscal
584 year unless all students in kindergarten through grade 5 who
585 demonstrate a reading deficiency, as determined by district and
586 state assessments, including students scoring Level 1 or Level 2
587 on the statewide, standardized reading assessment or, upon
588 implementation, the English Language Arts assessment, are
589 provided an additional hour per day of intensive reading
590 instruction beyond the normal school day for each day of the
591 entire school year.
592 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
593 annually provide in the Florida Education Finance Program a
594 virtual education contribution. The amount of the virtual
595 education contribution shall be the difference between the
596 amount per FTE established in the General Appropriations Act for
597 virtual education and the amount per FTE for each district and
598 the Florida Virtual School, which may be calculated by taking
599 the sum of the base FEFP allocation, the declining enrollment
600 supplement, the discretionary local effort, the state-funded
601 discretionary contribution, the discretionary millage
602 compression supplement, the research-based reading instruction
603 allocation, the exceptional student education guaranteed
604 allocation, and the instructional materials allocation, and then
605 dividing by the total unweighted FTE. This difference shall be
606 multiplied by the virtual education unweighted FTE for programs
607 and options identified in s. 1002.455(3) and the Florida Virtual
608 School and its franchises to equal the virtual education
609 contribution and shall be included as a separate allocation in
610 the funding formula.
611 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
612 connected student supplement is created to provide supplemental
613 funding for school districts to support the education of
614 students connected with federally owned military installations,
615 National Aeronautics and Space Administration (NASA) property,
616 and Indian lands. To be eligible for this supplement, the
617 district must be eligible for federal Impact Aid Program funds
618 under Title VIII of the Elementary and Secondary Education Act
619 of 1965. The supplement shall be the sum of the student
620 allocation and an exempt property allocation.
621 (a) The student allocation shall be calculated based on the
622 number of students reported for federal Impact Aid Program
623 funds, including students with disabilities, who meet one of the
624 following criteria:
625 1. Resides with a parent who is on active duty in the
626 uniformed services or is an accredited foreign government
627 official and military officer. Students with disabilities shall
628 also be reported separately for this condition.
629 2. Resides on eligible federally owned Indian lands.
630 Students with disabilities shall also be reported separately for
631 this condition.
632 3. Resides with a civilian parent who lives or works on
633 eligible federal property connected with a military installation
634 or NASA. The number of these students shall be multiplied by a
635 factor of 0.5.
636 (b) The total number of federally connected students
637 calculated under paragraph (a) shall be multiplied by a
638 percentage of the base student allocation as provided in the
639 General Appropriations Act. The total of the number of students
640 with disabilities as reported separately under subparagraphs
641 (a)1. and (a)2. shall be multiplied by an additional percentage
642 of the base student allocation as provided in the General
643 Appropriations Act. The base amount and the amount for students
644 with disabilities shall be summed to provide the student
645 allocation.
646 (c) The exempt-property allocation shall be equal to the
647 tax-exempt value of federal impact aid lands reserved as
648 military installations, real property owned by NASA, or eligible
649 federally owned Indian lands located in the district, as of
650 January 1 of the previous year, multiplied by the millage
651 authorized and levied under s. 1011.71(2).
652 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
653 annually in the General Appropriations Act determine a
654 percentage increase in funds per K-12 unweighted FTE as a
655 minimum guarantee to each school district. The guarantee shall
656 be calculated from prior year base funding per unweighted FTE
657 student which shall include the adjusted FTE dollars as provided
658 in subsection (15)(14), quality guarantee funds, and actual
659 nonvoted discretionary local effort from taxes. From the base
660 funding per unweighted FTE, the increase shall be calculated for
661 the current year. The current year funds from which the
662 guarantee shall be determined shall include the adjusted FTE
663 dollars as provided in subsection (15)(14) and potential
664 nonvoted discretionary local effort from taxes. A comparison of
665 current year funds per unweighted FTE to prior year funds per
666 unweighted FTE shall be computed. For those school districts
667 which have less than the legislatively assigned percentage
668 increase, funds shall be provided to guarantee the assigned
669 percentage increase in funds per unweighted FTE student. Should
670 appropriated funds be less than the sum of this calculated
671 amount for all districts, the commissioner shall prorate each
672 district’s allocation. This provision shall be implemented to
673 the extent specifically funded.
674 Section 7. In order to implement Specific Appropriations 7
675 and 90 of the 2015-2016 General Appropriations Act, subsection
676 (1) of section 1011.71, Florida Statutes, is amended to read:
677 1011.71 District school tax.—
678 (1) If the district school tax is not provided in the
679 General Appropriations Act or the substantive bill implementing
680 the General Appropriations Act, each district school board
681 desiring to participate in the state allocation of funds for
682 current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
683 shall levy on the taxable value for school purposes of the
684 district, exclusive of millage voted under the provisions of s.
685 9(b) or s. 12, Art. VII of the State Constitution, a millage
686 rate not to exceed the amount certified by the commissioner as
687 the minimum millage rate necessary to provide the district
688 required local effort for the current year, pursuant to s.
689 1011.62(4)(a)1. In addition to the required local effort millage
690 levy, each district school board may levy a nonvoted current
691 operating discretionary millage. The Legislature shall prescribe
692 annually in the appropriations act the maximum amount of millage
693 a district may levy.
694 Section 8. The amendments made by this act to ss. 1011.62
695 and 1011.71(1), Florida Statutes, expire July 1, 2016, and the
696 text of ss. 1011.62 and 1011.71(1), Florida Statutes, shall
697 revert to that in existence on June 30, 2015, except that any
698 amendments to such text enacted other than by this act shall be
699 preserved and continue to operate to the extent that such
700 amendments are not dependent upon the portions of text which
701 expire pursuant to this section.
702 Section 9. In order to implement Specific Appropriations 7
703 and 90 of the 2015-2016 General Appropriations Act, paragraph
704 (d) of subsection (2) of section 1011.71, Florida Statutes, is
705 amended to read:
706 1011.71 District school tax.—
707 (2) In addition to the maximum millage levy as provided in
708 subsection (1), each school board may levy not more than 1.5
709 mills against the taxable value for school purposes for district
710 schools, including charter schools at the discretion of the
711 school board, to fund:
712 (d)1. The purchase, lease-purchase, or lease of new and
713 replacement equipment; computer hardware, including electronic
714 hardware and other hardware devices necessary for gaining access
715 to or enhancing the use of electronic content and resources or
716 to facilitate the access to and the use of a school district’s
717 digital classrooms plan pursuant to s. 1011.62, excluding
718 software other than the operating system necessary to operate
719 the hardware or device; and enterprise resource software
720 applications that are classified as capital assets in accordance
721 with definitions of the Governmental Accounting Standards Board,
722 have a useful life of at least 5 years, and are used to support
723 districtwide administration or state-mandated reporting
724 requirements.
725 2. Notwithstanding subparagraph 1., enterprise resource
726 software may be acquired by annual license fees, maintenance
727 fees, or lease agreements. This subparagraph expires July 1,
728 2016.
729 Section 10. (1) In order to implement Specific
730 Appropriation 138 of the 2015-2016 General Appropriations Act,
731 the State University System Performance Based Incentive shall be
732 based on indicators of institutional attainment of performance
733 metrics adopted by the Board of Governors. The performance-based
734 funding metrics must include, but are not limited to, metrics
735 that measure graduation and retention rates; degree production;
736 affordability; postgraduation employment, salaries, or further
737 education; student loan default rates; access; and any other
738 metrics approved by the board.
739 (2) The Board of Governors shall evaluate the institutions’
740 performance on the metrics based on benchmarks adopted by the
741 board which measure the achievement of institutional excellence
742 or improvement. Each fiscal year, the amount of funds available
743 for allocation to the institutions based on the performance
744 funding model shall consist of the state’s investment in
745 performance funding, plus an institutional investment consisting
746 of funds to be redistributed from the base funding of the State
747 University System, as determined in the General Appropriations
748 Act. The institutional investment shall be restored for all
749 institutions that meet the board’s minimum performance threshold
750 under the performance funding model. An institution that is one
751 of the bottom three institutions or fails to meet the board’s
752 minimum performance funding threshold is not eligible for the
753 state’s investment, shall have a portion of its institutional
754 investment withheld, and shall submit an improvement plan to the
755 board which specifies the activities and strategies for
756 improving the institution’s performance.
757 (3) By October 1, 2015, the Board of Governors shall submit
758 to the Governor, the President of the Senate, and the Speaker of
759 the House of Representatives a report on the previous year’s
760 performance funding allocation which reflects the rankings and
761 award distributions.
762 (4) This section expires July 1, 2016.
763 Section 11. (1) In order to implement Specific
764 Appropriation 122 of the 2015-2016 General Appropriations Act,
765 the Florida College System Performance Based Incentive shall be
766 based on indicators of institutional attainment of performance
767 metrics adopted by the State Board of Education. The
768 performance-based funding metrics must be limited to metrics
769 that measure retention; program completion and graduation rates;
770 student loan default rates; job placement; and postgraduation
771 employment, salaries, or further education.
772 (2) The State Board of Education shall evaluate the
773 institutions’ performance on the metrics based on benchmarks
774 adopted by the board which measure the achievement of
775 institutional excellence or improvement. Each fiscal year, the
776 amount of funds available for allocation to the institutions
777 based on the performance funding model shall consist of the
778 state’s investment in performance funding, plus an institutional
779 investment consisting of funds to be redistributed from the base
780 funding of the Florida College System Program Fund, as
781 determined in the General Appropriations Act. The board shall
782 establish a minimum performance threshold that the institutions
783 must meet in order to be eligible for the state’s investment in
784 performance funds. The institutional investment shall be
785 restored for all institutions eligible for the state’s
786 investment under the performance funding model. An institution
787 that fails to meet the board’s minimum performance funding
788 threshold is not eligible for the state’s investment, shall have
789 a portion of its institutional investment withheld, and shall
790 submit an improvement plan to the board which specifies the
791 activities and strategies for improving the institution’s
792 performance.
793 (3) The State Board of Education must review the
794 improvement plan and, if approved, must monitor the
795 institution’s progress on implementing the specified activities
796 and strategies. The institutions shall submit monitoring reports
797 to the board no later than December 31 and May 31 of each year.
798 (4) The Commissioner of Education shall withhold
799 disbursement of the institutional investment until such time as
800 the monitoring report for the institution is approved by the
801 State Board of Education. An institution that fails to make
802 satisfactory progress may not have its full institutional
803 investment restored. If all institutional investment funds are
804 not restored, any remaining funds shall be redistributed in
805 accordance with the board’s performance funding model.
806 (5) By October 1, 2015, the State Board of Education shall
807 submit to the Governor, the President of the Senate, and the
808 Speaker of the House of Representatives a report on the previous
809 year’s performance funding allocation which reflects the
810 rankings and award distributions.
811 (6) This section expires July 1, 2016.
812 Section 12. In order to implement Specific Appropriations
813 194, 201, 202, 203, and 206 of the 2015-2016 General
814 Appropriations Act, and contingent on SB 7044 or similar
815 legislation becoming law, the calculations for the Medicaid Low
816 Income Pool and Disproportionate Share Hospital programs for the
817 2015-2016 fiscal year contained in the document entitled
818 “Medicaid Hospital Funding Programs,” dated _____, 2015, and
819 filed with the Secretary of the Senate, are incorporated by
820 reference for the purpose of displaying the calculations used by
821 the Legislature, consistent with the requirements of state law,
822 in making appropriations for the Medicaid Low-Income Pool and
823 Disproportionate Share Hospital programs. This section expires
824 July 1, 2016.
825 Section 13. In order to implement Specific Appropriations
826 201 and 206 and notwithstanding s. 409.905, Florida Statutes, if
827 the Agency for Health Care Administration determines that the
828 providers’ average per-discharge Automatic Intergovernmental
829 Transfer payments and LIP-6 Intergovernmental Transfer payments
830 used in paying hospitals during state fiscal year 2014-2015
831 differs from appropriated state fiscal year 2014-2015
832 intergovernmental transfer allocations, the agency shall
833 retroactively adjust hospital payment rates to align payments
834 with available intergovernmental transfer funding by
835 reprocessing all hospital claims for state fiscal year 2014
836 2015. Adjustments must cover differences between actual
837 intergovernmental transfer payments and appropriated
838 intergovernmental transfer amounts up to a limit equal to full
839 hospital Medicaid inpatient cost. This section expires July 1,
840 2016.
841 Section 14. In order to implement Section 9 of the 2015
842 2016 General Appropriations Act, paragraph (c) is added to
843 subsection (4) of section 20.435, Florida Statutes, to read:
844 20.435 Department of Health; trust funds.—The following
845 trust funds shall be administered by the Department of Health:
846 (4) Medical Quality Assurance Trust Fund.
847 (c) For the 2015-2016 fiscal year, the uses authorized
848 under paragraph (a) include providing health care services to
849 department clients. This paragraph expires July 1, 2016.
850 Section 15. (1) In order to implement Specific
851 Appropriation 251 of the 2015-2016 General Appropriations Act
852 and notwithstanding s. 393.065(5), Florida Statutes, individuals
853 from the Medicaid home and community-based waiver programs wait
854 list shall be offered a slot on the waiver as follows:
855 (a) Individuals in category 1, which includes clients
856 deemed to be in crisis as described in rule, shall be given
857 first priority in moving from the wait list to the waiver.
858 (b) Under category 2, the Agency for Persons with
859 Disabilities shall provide waiver services that are not
860 otherwise available under the State Medicaid Plan or through the
861 child welfare system under s. 409.986, Florida Statutes, and,
862 for an eligible individual at least 18 years old but not yet 22
863 years old, the agency shall also provide residential
864 habilitation services, such as supervision and training, to
865 assist the individual improve skills related to activities of
866 daily living. Individuals eligible under category 2 shall be
867 moved into waiver services if they have an open case in the
868 Department of Children and Families’ statewide automated child
869 welfare information system and:
870 1. Are transitioning out of the child welfare system at the
871 finalization of an adoption, a reunification with family
872 members, a permanent placement with a relative, or a
873 guardianship with a nonrelative; or
874 2. Are at least 18 years old but not yet 22 years old.
875 (c) In selecting individuals in category 3, category 4, or
876 category 5, the Agency for Persons with Disabilities shall use
877 the Agency for Persons with Disabilities Wait List
878 Prioritization Tool, dated March 15, 2013. Those individuals
879 whose needs score highest on the Wait List Prioritization Tool
880 shall be moved to the waiver during the 2015-2016 fiscal year,
881 to the extent funds are available.
882 (2) The agency shall allow an individual who meets the
883 eligibility requirements provided under s. 393.065(1), Florida
884 Statutes, to receive home and community-based services in this
885 state if the individual’s parent or legal guardian is an active
886 duty military servicemember and, at the time of the
887 servicemember’s transfer to Florida, the individual was
888 receiving home and community-based services in another state.
889 (3) Upon the placement of individuals on the waiver
890 pursuant to subsection (1), individuals remaining on the wait
891 list are deemed not to have been substantially affected by
892 agency action and are, therefore, not entitled to a hearing
893 under s. 393.125, Florida Statutes, or administrative proceeding
894 under chapter 120, Florida Statutes.
895 (4) This section expires July 1, 2016.
896 Section 16. In order to implement Specific Appropriations
897 554 through 563 of the 2015-2016 General Appropriations Act,
898 subsection (3) of section 296.37, Florida Statutes, is amended
899 to read:
900 296.37 Residents; contribution to support.—
901 (3) Notwithstanding subsection (1), each resident of the
902 home who receives a pension, compensation, or gratuity from the
903 United States Government, or income from any other source, of
904 more than $105 per month shall contribute to his or her
905 maintenance and support while a resident of the home in
906 accordance with a payment schedule determined by the
907 administrator and approved by the director. The total amount of
908 such contributions shall be to the fullest extent possible, but,
909 in no case, shall exceed the actual cost of operating and
910 maintaining the home. This subsection expires July 1, 2016 2015.
911 Section 17. In order to implement Specific Appropriations
912 187B through 220A and 524 of the 2015-2016 General
913 Appropriations Act and notwithstanding ss. 216.181 and 216.292,
914 Florida Statutes, the Agency for Health Care Administration, in
915 consultation with the Department of Health, may submit a budget
916 amendment, subject to the notice, review, and objection
917 procedures of s. 216.177, Florida Statutes, to realign funding
918 within and between agencies based on implementation of the
919 Statewide Medicaid Managed Care Medical Assistance program for
920 the Children’s Medical Services Program of the Department of
921 Health. The funding realignment shall reflect the actual
922 enrollment changes due to the transfer of beneficiaries from
923 fee-for-service to the capitated Children’s Medical Services
924 network. The Agency for Health Care Administration may submit a
925 request for nonoperating budget authority to transfer the
926 federal funds to the Department of Health, pursuant to s.
927 216.181(12), Florida Statutes. This section expires July 1,
928 2016.
929 Section 18. In order to implement Specific Appropriation
930 323 of the 2015-2016 General Appropriations Act, and
931 notwithstanding s. 409.991, Florida Statutes, for the 2015-2016
932 fiscal year, funds provided for training purposes shall be
933 allocated to community-based lead agencies based on a training
934 needs assessment conducted by the Department of Children and
935 Families. This section expires July 1, 2016.
936 Section 19. In order to implement Specific Appropriations
937 583 through 720 and 733 through 771 of the 2015-2016 General
938 Appropriations Act, subsection (4) of section 216.262, Florida
939 Statutes, is amended to read:
940 216.262 Authorized positions.—
941 (4) Notwithstanding the provisions of this chapter relating
942 to increasing the number of authorized positions, and for the
943 2015-2016 2014-2015 fiscal year only, if the actual inmate
944 population of the Department of Corrections exceeds the inmate
945 population projections of the February 27, 2015 2014, Criminal
946 Justice Estimating Conference by 1 percent for 2 consecutive
947 months or 2 percent for any month, the Executive Office of the
948 Governor, with the approval of the Legislative Budget
949 Commission, shall immediately notify the Criminal Justice
950 Estimating Conference, which shall convene as soon as possible
951 to revise the estimates. The Department of Corrections may then
952 submit a budget amendment requesting the establishment of
953 positions in excess of the number authorized by the Legislature
954 and additional appropriations from unallocated general revenue
955 sufficient to provide for essential staff, fixed capital
956 improvements, and other resources to provide classification,
957 security, food services, health services, and other variable
958 expenses within the institutions to accommodate the estimated
959 increase in the inmate population. All actions taken pursuant to
960 this subsection are subject to review and approval by the
961 Legislative Budget Commission. This subsection expires July 1,
962 2016 2015.
963 Section 20. In order to implement Specific Appropriations
964 1319 and 1320 of the 2015-2016 General Appropriations Act, the
965 Department of Legal Affairs may expend appropriated funds in
966 those specific appropriations on the same programs that were
967 funded by the department pursuant to specific appropriations
968 made in general appropriations acts in previous years. This
969 section expires July 1, 2016.
970 Section 21. In order to implement Specific Appropriations
971 1254 and 1259 of the 2015-2016 General Appropriations Act,
972 paragraph (d) of subsection (4) of section 932.7055, Florida
973 Statutes, is amended to read:
974 932.7055 Disposition of liens and forfeited property.—
975 (4) The proceeds from the sale of forfeited property shall
976 be disbursed in the following priority:
977 (d) Notwithstanding any other provision of this subsection,
978 and for the 2015-2016 2014-2015 fiscal year only, the funds in a
979 special law enforcement trust fund established by the governing
980 body of a municipality may be expended to reimburse the general
981 fund of the municipality for moneys advanced from the general
982 fund to the special law enforcement trust fund before October 1,
983 2001. This paragraph expires July 1, 2016 2015.
984 Section 22. In order to implement section 7 of the 2015
985 2016 General Appropriations Act, subsection (2) of section
986 215.18, Florida Statutes, is amended to read:
987 215.18 Transfers between funds; limitation.—
988 (2) The Chief Justice of the Supreme Court may receive one
989 or more trust fund loans to ensure that the state court system
990 has funds sufficient to meet its appropriations in the 2015-2016
991 2014-2015 General Appropriations Act. If the Chief Justice
992 accesses the loan, he or she must notify the Governor and the
993 chairs of the legislative appropriations committees in writing.
994 The loan must come from other funds in the State Treasury which
995 are for the time being or otherwise in excess of the amounts
996 necessary to meet the just requirements of such last-mentioned
997 funds. The Governor shall order the transfer of funds within 5
998 days after the written notification from the Chief Justice. If
999 the Governor does not order the transfer, the Chief Financial
1000 Officer shall transfer the requested funds. The loan of funds
1001 from which any money is temporarily transferred must be repaid
1002 by the end of the 2015-2016 2014-2015 fiscal year. This
1003 subsection expires July 1, 2016 2015.
1004 Section 23. In order to implement appropriations used for
1005 the payments of existing lease contracts for private lease space
1006 in excess of 2,000 square feet in the 2015-2016 General
1007 Appropriations Act, the Department of Management Services, with
1008 the cooperation of the agencies having the existing lease
1009 contracts for office or storage space, shall use tenant broker
1010 services to renegotiate or reprocure all private lease
1011 agreements for office or storage space expiring between July 1,
1012 2016, and June 30, 2018, in order to reduce costs in future
1013 years. The department shall incorporate this initiative into its
1014 2015 master leasing report required under s. 255.249(7), Florida
1015 Statutes, and may use tenant broker services to explore the
1016 possibilities of collocating office or storage space, to review
1017 the space needs of each agency, and to review the length and
1018 terms of potential renewals or renegotiations. The department
1019 shall provide a report to the Executive Office of the Governor,
1020 the President of the Senate, and the Speaker of the House of
1021 Representatives by November 1, 2015, which lists each lease
1022 contract for private office or storage space, the status of
1023 renegotiations, and the savings achieved. This section expires
1024 July 1, 2016.
1025 Section 24. In order to implement Specific Appropriations
1026 2270 through 2278 of the 2015-2016 General Appropriations Act,
1027 section 624.502, Florida Statutes, is reenacted to read:
1028 624.502 Service of process fee.—In all instances as
1029 provided in any section of the insurance code and s. 48.151(3)
1030 in which service of process is authorized to be made upon the
1031 Chief Financial Officer or the director of the office, the
1032 plaintiff shall pay to the department or office a fee of $15 for
1033 such service of process, which fee shall be deposited into the
1034 Administrative Trust Fund.
1035 Section 25. The amendment to s. 624.502, Florida Statutes,
1036 as carried forward by this act from chapter 2013-41, Laws of
1037 Florida, expires July 1, 2016, and the text of that section
1038 shall revert to that in existence on June 30, 2013, except that
1039 any amendments to such text enacted other than by this act shall
1040 be preserved and continue to operate to the extent that such
1041 amendments are not dependent upon the portions of text which
1042 expire pursuant to this section.
1043 Section 26. In order to implement Specific Appropriations
1044 1368 through 1514, 1516 through 1739, 1740 through 1858A, 277A
1045 through 277C, 277F, 277K, 3056, 3081 through 3085, 3087 through
1046 3092, 3113 through 3115, 3119, and 3122 of the 2015-2016 General
1047 Appropriations Act and notwithstanding s. 216.292, Florida
1048 Statutes, the Agency for Persons with Disabilities, the
1049 Department of Agriculture and Consumer Services, the Department
1050 of Environmental Protection, the Fish and Wildlife Conservation
1051 Commission, and the Department of State, may submit one or more
1052 budget amendments, as necessary, to realign funding, to increase
1053 operating, nonoperating, or fixed capital outlay budget
1054 authority from trust funds, or to transfer trust funds, between
1055 agencies or budget entities, as needed to implement provisions
1056 of SB 576, SB 578, SB 580, SB 582, or SB 584, or similar
1057 legislation enacted during the 2015 Regular Session of the
1058 Legislature or an extension thereof, to implement s. 28, Article
1059 X of the State Constitution. A budget amendment is subject to
1060 the notice, review, and objection procedures of s. 216.177,
1061 Florida Statutes. This section expires July 1, 2016.
1062 Section 27. In order to implement Specific Appropriation
1063 1693 of the 2015-2016 General Appropriations Act, subsection (5)
1064 of section 403.7095, Florida Statutes, is amended to read:
1065 403.7095 Solid waste management grant program.—
1066 (5) Notwithstanding any other provision of this section,
1067 and for the 2015-2016 2014-2015 fiscal year only, the Department
1068 of Environmental Protection shall award the sum of $3 million in
1069 grants equally to counties having populations of fewer than
1070 100,000 for waste tire and litter prevention, recycling
1071 education, and general solid waste programs. This subsection
1072 expires July 1, 2016 2015.
1073 Section 28. In order to implement Specific Appropriations
1074 1569A and 1570 and section 56 of the 2015-2016 General
1075 Appropriations Act, paragraph (m) of subsection (3) of section
1076 259.105, Florida Statutes, is amended to read:
1077 259.105 The Florida Forever Act.—
1078 (3) Less the costs of issuing and the costs of funding
1079 reserve accounts and other costs associated with bonds, the
1080 proceeds of cash payments or bonds issued pursuant to this
1081 section shall be deposited into the Florida Forever Trust Fund
1082 created by s. 259.1051. The proceeds shall be distributed by the
1083 Department of Environmental Protection in the following manner:
1084 (m) Notwithstanding paragraphs (a)-(j) and for the 2015
1085 2016 2014-2015 fiscal year only, $2 million to only the Division
1086 of State Lands within the Department of Environmental Protection
1087 for the Board of Trustees Florida Forever Priority List land
1088 acquisition projects. This paragraph expires July 1, 2016:
1089 1. Five million dollars to the Department of Agriculture
1090 and Consumer Services for the acquisition of agricultural lands
1091 through perpetual conservation easements and other perpetual
1092 less-than-fee techniques, which will achieve the objectives of
1093 Florida Forever and s. 570.71.
1094 2. The remaining moneys appropriated from the Florida
1095 Forever Trust Fund shall be distributed only to the Division of
1096 State Lands within the Department of Environmental Protection
1097 for land acquisitions that are less-than-fee interest, for
1098 partnerships in which the state’s portion of the acquisition
1099 cost is no more than 50 percent, or for conservation lands
1100 needed for military buffering or springs or water resources
1101 protection.
1102
1103 This paragraph expires July 1, 2015.
1104 Section 29. In order to implement Specific Appropriations
1105 1724A, 1724B, and 1817A of the 2015-2016 General Appropriations
1106 Act, paragraph (d) of subsection (11) of section 216.181,
1107 Florida Statutes, is amended to read:
1108 216.181 Approved budgets for operations and fixed capital
1109 outlay.—
1110 (11)
1111 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
1112 for the 2015-2016 2014-2015 fiscal year only, the Legislative
1113 Budget Commission may increase the amounts appropriated to the
1114 Fish and Wildlife Conservation Commission or the Department of
1115 Environmental Protection for fixed capital outlay projects,
1116 including additional fixed capital outlay projects, using funds
1117 provided to the state from the Gulf Environmental Benefit Fund
1118 administered by the National Fish and Wildlife Foundation; funds
1119 provided to the state from the Gulf Coast Restoration Trust Fund
1120 related to the Resources and Ecosystems Sustainability, Tourist
1121 Opportunities, and Revived Economies of the Gulf Coast Act of
1122 2012 (RESTORE Act); or funds provided by the British Petroleum
1123 Corporation (BP) for natural resource damage assessment early
1124 restoration projects. Concurrent with submission of an amendment
1125 to the Legislative Budget Commission pursuant to this paragraph,
1126 any project that carries a continuing commitment for future
1127 appropriations by the Legislature must be specifically
1128 identified, together with the projected amount of the future
1129 commitment associated with the project and the fiscal years in
1130 which the commitment is expected to commence. This paragraph
1131 expires July 1, 2016 2015.
1132
1133 The provisions of this subsection are subject to the notice and
1134 objection procedures set forth in s. 216.177.
1135 Section 30. In order to implement Specific Appropriations
1136 1368 through 1514, 1516 through 1739, 1740 through 1858A, 277A
1137 through 277C, 277F, 277K, 3056, 3081 through 3085, 3087 through
1138 3092, 3113 through 3115, 3119, and 3122 of the 2015-2016 General
1139 Appropriations Act, subsection (3) is added to section 215.18,
1140 Florida Statutes, to read:
1141 215.18 Transfers between funds; limitation.—
1142 (3) Notwithstanding subsection (1) and only with respect to
1143 the Land Acquisition Trust Fund in the Department of
1144 Environmental Protection, whenever there is a deficiency in the
1145 Land Acquisition Trust Fund which would render that trust fund
1146 temporarily insufficient to meet its just requirements,
1147 including the timely payment of appropriations from that trust
1148 fund, and other trust funds in the State Treasury have moneys
1149 that are for the time being or otherwise in excess of the
1150 amounts necessary to meet the just requirements, including
1151 appropriated obligations, of those other trust funds, the
1152 Governor may order a temporary transfer of moneys from one or
1153 more of the other trust funds to the Land Acquisition Trust Fund
1154 in the Department of Environmental Protection. Any action
1155 proposed pursuant to this subsection is subject to the notice,
1156 review, and objection procedures of s. 216.177, and the Governor
1157 shall provide notice of such action at least 7 days before the
1158 effective date of the transfer of trust funds. Any transfer of
1159 trust funds to the Land Acquisition Trust Fund in the Department
1160 of Environmental Protection must be repaid to the trust funds
1161 from which the moneys were loaned by the end of the 2015-2016
1162 fiscal year. The Legislature has determined that the repayment
1163 of the other trust fund moneys temporarily loaned to the Land
1164 Acquisition Trust Fund in the Department Environmental
1165 Protection pursuant to this subsection is an allowable use of
1166 the moneys in the Land Acquisition Trust Fund because the moneys
1167 from other trust funds temporarily loaned to the Land
1168 Acquisition Trust Fund will be expended solely and exclusively
1169 in accordance with s. 28, Art. X of the State Constitution. This
1170 subsection expires July 1, 2016.
1171 Section 31. In order to implement Specific Appropriation
1172 1619 of the 2015-2016 General Appropriations Act, paragraph (g)
1173 is added to subsection (1) of section 376.307, Florida Statutes,
1174 to read:
1175 376.307 Water Quality Assurance Trust Fund.—
1176 (1) The Water Quality Assurance Trust Fund is intended to
1177 serve as a broad-based fund for use in responding to incidents
1178 of contamination that pose a serious danger to the quality of
1179 groundwater and surface water resources or otherwise pose a
1180 serious danger to the public health, safety, or welfare. Moneys
1181 in this fund may be used:
1182 (g) To pay the outstanding and final debt service on bonds
1183 issued before February 1, 2009, by the South Florida Water
1184 Management District and the St. Johns River Water Management
1185 District which are secured by revenues provided pursuant to
1186 former s. 373.59, Florida Statutes 2014, or to fund debt service
1187 reserve funds, rebate obligations, or other amounts payable with
1188 respect to such bonds. This paragraph expires July 1, 2016.
1189 Section 32. In order to implement Specific Appropriation
1190 2644 of the 2015-2016 General Appropriations Act and
1191 notwithstanding s. 287.057, Florida Statutes, the Department of
1192 Highway Safety and Motor Vehicles may extend its existing
1193 contract for driver license equipment and consumables through
1194 December 31, 2017, provided the price of each driver license and
1195 identification card as of March 1, 2015, does not increase. The
1196 contract extension must be executed on behalf of the department
1197 and the contractor no later than August 1, 2015. This section
1198 expires July 1, 2016.
1199 Section 33. In order to implement Specific Appropriation
1200 1916 of the 2015-2016 General Appropriations Act, paragraph (i)
1201 of subsection (4) and paragraph (b) of subsection (5) of section
1202 339.135, Florida Statutes, are amended to read:
1203 339.135 Work program; legislative budget request;
1204 definitions; preparation, adoption, execution, and amendment.—
1205 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
1206 (i) Notwithstanding paragraph (a), and for the 2015-2016
1207 2014-2015 fiscal year only, the Department of Transportation
1208 shall may use appropriated funds to support the establishment of
1209 a statewide system of interconnected multiuse trails and to pay
1210 the costs of planning, land acquisition, design, and
1211 construction of such trails and related facilities. Funds
1212 specifically appropriated for this purpose may not reduce,
1213 delete, or defer any existing projects funded as of July 1, 2015
1214 2014, in the department’s 5-year work program. This paragraph
1215 expires July 1, 2016 2015.
1216 (5) ADOPTION OF THE WORK PROGRAM.—
1217 (b) Notwithstanding paragraph (a), and for the 2015-2016
1218 2014-2015 fiscal year only, the department shall may use
1219 appropriated funds to support the establishment of a statewide
1220 system of interconnected multiuse trails and to pay the costs of
1221 planning, land acquisition, design, and construction of such
1222 trails and related facilities. Funds specifically appropriated
1223 for this purpose may not reduce, delete, or defer any existing
1224 projects funded as of July 1, 2015 2014, in the department’s 5
1225 year work program. This paragraph expires July 1, 2016 2015.
1226 Section 34. In order to implement Specific Appropriation
1227 1894 of the 2015-2016 General Appropriations Act, subsection
1228 (10) of section 341.302, Florida Statutes, is reenacted to read:
1229 341.302 Rail program; duties and responsibilities of the
1230 department.—The department, in conjunction with other
1231 governmental entities, including the rail enterprise and the
1232 private sector, shall develop and implement a rail program of
1233 statewide application designed to ensure the proper maintenance,
1234 safety, revitalization, and expansion of the rail system to
1235 assure its continued and increased availability to respond to
1236 statewide mobility needs. Within the resources provided pursuant
1237 to chapter 216, and as authorized under federal law, the
1238 department shall:
1239 (10)(a) Administer rail operating and construction
1240 programs, which programs shall include the regulation of maximum
1241 train operating speeds, the opening and closing of public grade
1242 crossings, the construction and rehabilitation of public grade
1243 crossings, the installation of traffic control devices at public
1244 grade crossings, the approval and implementation of quiet zones,
1245 and administration of the programs by the department, including
1246 participation in the cost of the programs.
1247 (b) Provide grant funding to assist with the implementation
1248 of quiet zones that have been approved by the department, which
1249 funding may not exceed 50 percent of the nonfederal and
1250 nonprivate share of the total costs of any quiet zone capital
1251 improvement project.
1252 (c) Coordinate and work closely with local, state, and
1253 federal agencies to provide technical support to local agencies
1254 for the development of quiet zone plans.
1255 (d) Monitor crossing incidents at approved quiet zone
1256 locations and suspend the operation of a quiet zone at any time
1257 the department determines that a significant deterioration in
1258 safety is resulting from quiet zone implementation.
1259 Section 35. The amendment to s. 341.302(10), Florida
1260 Statutes, as carried forward by this act from chapter 2014-53,
1261 Laws of Florida, expires July 1, 2016, and the text of that
1262 paragraph shall revert to that in existence on June 30, 2014,
1263 except that any amendments to such text enacted other than by
1264 this act shall be preserved and continue to operate to the
1265 extent that such amendments are not dependent upon the portions
1266 of text which expire pursuant to this section.
1267 Section 36. In order to implement Specific Appropriation
1268 1910 of the 2015-2016 General Appropriations Act, subsection (3)
1269 of section 339.2816, Florida Statutes, is amended to read:
1270 339.2816 Small County Road Assistance Program.—
1271 (3) In fiscal year 2015-2016 Beginning with fiscal year
1272 1999-2000 until fiscal year 2009-2010, and beginning again with
1273 fiscal year 2012-2013, up to $50 $25 million annually from the
1274 State Transportation Trust Fund may be used for the purposes of
1275 funding the Small County Road Assistance Program as described in
1276 this section.
1277 Section 37. The amendment made by this act to s. 339.2816,
1278 Florida Statutes, expires July 1, 2016, and the text of that
1279 section shall revert to that in existence on June 30, 2015,
1280 except that any amendments to such text enacted other than by
1281 this act shall be preserved and continue to operate to the
1282 extent that such amendments are not dependent upon the portions
1283 of text which expire pursuant to this section.
1284 Section 38. In order to implement the salary and benefits,
1285 expenses, other personal services, contracted services, special
1286 categories and operating capital outlay categories of the 2015
1287 2016 General Appropriations Act, paragraph (a) of subsection (2)
1288 of section 216.292, Florida Statutes, is reenacted to read:
1289 216.292 Appropriations nontransferable; exceptions.—
1290 (2) The following transfers are authorized to be made by
1291 the head of each department or the Chief Justice of the Supreme
1292 Court whenever it is deemed necessary by reason of changed
1293 conditions:
1294 (a) The transfer of appropriations funded from identical
1295 funding sources, except appropriations for fixed capital outlay,
1296 and the transfer of amounts included within the total original
1297 approved budget and plans of releases of appropriations as
1298 furnished pursuant to ss. 216.181 and 216.192, as follows:
1299 1. Between categories of appropriations within a budget
1300 entity, if no category of appropriation is increased or
1301 decreased by more than 5 percent of the original approved budget
1302 or $250,000, whichever is greater, by all action taken under
1303 this subsection.
1304 2. Between budget entities within identical categories of
1305 appropriations, if no category of appropriation is increased or
1306 decreased by more than 5 percent of the original approved budget
1307 or $250,000, whichever is greater, by all action taken under
1308 this subsection.
1309 3. Any agency exceeding salary rate established pursuant to
1310 s. 216.181(8) on June 30th of any fiscal year shall not be
1311 authorized to make transfers pursuant to subparagraphs 1. and 2.
1312 in the subsequent fiscal year.
1313 4. Notice of proposed transfers under subparagraphs 1. and
1314 2. shall be provided to the Executive Office of the Governor and
1315 the chairs of the legislative appropriations committees at least
1316 3 days prior to agency implementation in order to provide an
1317 opportunity for review.
1318 Section 39. The amendment to s. 216.292, Florida Statutes,
1319 as carried forward by this act from chapter 2014-53, Laws of
1320 Florida, expires July 1, 2016, and the text of that section
1321 shall revert to that in existence on June 30, 2014, except that
1322 any amendments to such text enacted other than by this act shall
1323 be preserved and continue to operate to the extent that such
1324 amendments are not dependent upon the portions of text which
1325 expire pursuant to this section.
1326 Section 40. In order to implement the appropriation of
1327 funds in the contracted services and expenses categories of the
1328 2015-2016 General Appropriations Act, a state agency may not
1329 initiate a competitive solicitation for a product or service if
1330 the completion of such competitive solicitation would:
1331 (1) Require a change in law; or
1332 (2) Require a change to the agency’s budget other than a
1333 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
1334 unless the initiation of such competitive solicitation is
1335 specifically authorized in law, in the General Appropriations
1336 Act, or by the Legislative Budget Commission.
1337
1338 This section does not apply to a competitive solicitation for
1339 which the agency head certifies that a valid emergency exists.
1340 This section expires July 1, 2016.
1341 Section 41. In order to implement the appropriation of
1342 funds in the appropriation category “Special Categories-Risk
1343 Management Insurance” in the 2015-2016 General Appropriations
1344 Act, and pursuant to the notice, review, and objection
1345 procedures of s. 216.177, Florida Statutes, the Executive Office
1346 of the Governor may transfer funds appropriated in that category
1347 between departments in order to align the budget authority
1348 granted with the premiums paid by each department for risk
1349 management insurance. This section expires July 1, 2016.
1350 Section 42. In order to implement the appropriation of
1351 funds in the appropriation category “Special Categories-Transfer
1352 to Department of Management Services-Human Resources Services
1353 Purchased per Statewide Contract” in the 2015-2016 General
1354 Appropriations Act, and pursuant to the notice, review, and
1355 objection procedures of s. 216.177, Florida Statutes, the
1356 Executive Office of the Governor may transfer funds appropriated
1357 in that category between departments in order to align the
1358 budget authority granted with the assessments that must be paid
1359 by each agency to the Department of Management Services for
1360 human resource management services. This section expires July 1,
1361 2016.
1362 Section 43. In order to implement appropriations for
1363 salaries and benefits of the 2015-2016 General Appropriations
1364 Act, subsection (6) of section 112.24, Florida Statutes, is
1365 amended to read:
1366 112.24 Intergovernmental interchange of public employees.
1367 To encourage economical and effective utilization of public
1368 employees in this state, the temporary assignment of employees
1369 among agencies of government, both state and local, and
1370 including school districts and public institutions of higher
1371 education is authorized under terms and conditions set forth in
1372 this section. State agencies, municipalities, and political
1373 subdivisions are authorized to enter into employee interchange
1374 agreements with other state agencies, the Federal Government,
1375 another state, a municipality, or a political subdivision
1376 including a school district, or with a public institution of
1377 higher education. State agencies are also authorized to enter
1378 into employee interchange agreements with private institutions
1379 of higher education and other nonprofit organizations under the
1380 terms and conditions provided in this section. In addition, the
1381 Governor or the Governor and Cabinet may enter into employee
1382 interchange agreements with a state agency, the Federal
1383 Government, another state, a municipality, or a political
1384 subdivision including a school district, or with a public
1385 institution of higher learning to fill, subject to the
1386 requirements of chapter 20, appointive offices which are within
1387 the executive branch of government and which are filled by
1388 appointment by the Governor or the Governor and Cabinet. Under
1389 no circumstances shall employee interchange agreements be
1390 utilized for the purpose of assigning individuals to participate
1391 in political campaigns. Duties and responsibilities of
1392 interchange employees shall be limited to the mission and goals
1393 of the agencies of government.
1394 (6) For the 2015-2016 2014-2015 fiscal year only, the
1395 assignment of an employee of a state agency as provided in this
1396 section may be made if recommended by the Governor or Chief
1397 Justice, as appropriate, and approved by the chairs of the
1398 legislative appropriations committees. Such actions shall be
1399 deemed approved if neither chair provides written notice of
1400 objection within 14 days after receiving notice of the action
1401 pursuant to s. 216.177. This subsection expires July 1, 2016
1402 2015.
1403 Section 44. In order to implement Specific Appropriations
1404 2665 and 2666 of the 2015-2016 General Appropriations Act and
1405 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1406 salaries for members of the Legislature for the 2015-2016 fiscal
1407 year shall be set at the same level in effect on July 1, 2010.
1408 This section expires July 1, 2016.
1409 Section 45. In order to implement the transfer of funds to
1410 the General Revenue Fund from trust funds in the 2015-2016
1411 General Appropriations Act, paragraph (b) of subsection (2) of
1412 section 215.32, Florida Statutes, is reenacted to read:
1413 215.32 State funds; segregation.—
1414 (2) The source and use of each of these funds shall be as
1415 follows:
1416 (b)1. The trust funds shall consist of moneys received by
1417 the state which under law or under trust agreement are
1418 segregated for a purpose authorized by law. The state agency or
1419 branch of state government receiving or collecting such moneys
1420 is responsible for their proper expenditure as provided by law.
1421 Upon the request of the state agency or branch of state
1422 government responsible for the administration of the trust fund,
1423 the Chief Financial Officer may establish accounts within the
1424 trust fund at a level considered necessary for proper
1425 accountability. Once an account is established, the Chief
1426 Financial Officer may authorize payment from that account only
1427 upon determining that there is sufficient cash and releases at
1428 the level of the account.
1429 2. In addition to other trust funds created by law, to the
1430 extent possible, each agency shall use the following trust funds
1431 as described in this subparagraph for day-to-day operations:
1432 a. Operations or operating trust fund, for use as a
1433 depository for funds to be used for program operations funded by
1434 program revenues, with the exception of administrative
1435 activities when the operations or operating trust fund is a
1436 proprietary fund.
1437 b. Operations and maintenance trust fund, for use as a
1438 depository for client services funded by third-party payors.
1439 c. Administrative trust fund, for use as a depository for
1440 funds to be used for management activities that are departmental
1441 in nature and funded by indirect cost earnings and assessments
1442 against trust funds. Proprietary funds are excluded from the
1443 requirement of using an administrative trust fund.
1444 d. Grants and donations trust fund, for use as a depository
1445 for funds to be used for allowable grant or donor agreement
1446 activities funded by restricted contractual revenue from private
1447 and public nonfederal sources.
1448 e. Agency working capital trust fund, for use as a
1449 depository for funds to be used pursuant to s. 216.272.
1450 f. Clearing funds trust fund, for use as a depository for
1451 funds to account for collections pending distribution to lawful
1452 recipients.
1453 g. Federal grant trust fund, for use as a depository for
1454 funds to be used for allowable grant activities funded by
1455 restricted program revenues from federal sources.
1456
1457 To the extent possible, each agency must adjust its internal
1458 accounting to use existing trust funds consistent with the
1459 requirements of this subparagraph. If an agency does not have
1460 trust funds listed in this subparagraph and cannot make such
1461 adjustment, the agency must recommend the creation of the
1462 necessary trust funds to the Legislature no later than the next
1463 scheduled review of the agency’s trust funds pursuant to s.
1464 215.3206.
1465 3. All such moneys are hereby appropriated to be expended
1466 in accordance with the law or trust agreement under which they
1467 were received, subject always to the provisions of chapter 216
1468 relating to the appropriation of funds and to the applicable
1469 laws relating to the deposit or expenditure of moneys in the
1470 State Treasury.
1471 4.a. Notwithstanding any provision of law restricting the
1472 use of trust funds to specific purposes, unappropriated cash
1473 balances from selected trust funds may be authorized by the
1474 Legislature for transfer to the Budget Stabilization Fund and
1475 General Revenue Fund in the General Appropriations Act.
1476 b. This subparagraph does not apply to trust funds required
1477 by federal programs or mandates; trust funds established for
1478 bond covenants, indentures, or resolutions whose revenues are
1479 legally pledged by the state or public body to meet debt service
1480 or other financial requirements of any debt obligations of the
1481 state or any public body; the Division of Licensing Trust Fund
1482 in the Department of Agriculture and Consumer Services; the
1483 State Transportation Trust Fund; the trust fund containing the
1484 net annual proceeds from the Florida Education Lotteries; the
1485 Florida Retirement System Trust Fund; trust funds under the
1486 management of the State Board of Education or the Board of
1487 Governors of the State University System, where such trust funds
1488 are for auxiliary enterprises, self-insurance, and contracts,
1489 grants, and donations, as those terms are defined by general
1490 law; trust funds that serve as clearing funds or accounts for
1491 the Chief Financial Officer or state agencies; trust funds that
1492 account for assets held by the state in a trustee capacity as an
1493 agent or fiduciary for individuals, private organizations, or
1494 other governmental units; and other trust funds authorized by
1495 the State Constitution.
1496 Section 46. The amendment to s. 215.32(2)(b), Florida
1497 Statutes, as carried forward by this act from chapter 2011-47,
1498 Laws of Florida, expires July 1, 2016, and the text of that
1499 paragraph shall revert to that in existence on June 30, 2011,
1500 except that any amendments to such text enacted other than by
1501 this act shall be preserved and continue to operate to the
1502 extent that such amendments are not dependent upon the portions
1503 of text which expire pursuant to this section.
1504 Section 47. In order to implement the issuance of new debt
1505 authorized in the 2015-2016 General Appropriations Act, and
1506 pursuant to s. 215.98, Florida Statutes, the Legislature
1507 determines that the authorization and issuance of debt for the
1508 2015-2016 fiscal year should be implemented and is in the best
1509 interest of the state. This section expires July 1, 2016.
1510 Section 48. In order to implement appropriations in the
1511 2015-2016 General Appropriations Act for state employee travel,
1512 the funds appropriated to each state agency, which may be used
1513 for travel by state employees, shall be limited during the 2015
1514 2016 fiscal year to travel for activities that are critical to
1515 each state agency’s mission. Funds may not be used for travel by
1516 state employees to foreign countries, other states, conferences,
1517 staff training activities, or other administrative functions
1518 unless the agency head has approved, in writing, that such
1519 activities are critical to the agency’s mission. The agency head
1520 shall consider using teleconferencing and other forms of
1521 electronic communication to meet the needs of the proposed
1522 activity before approving mission-critical travel. This section
1523 does not apply to travel for law enforcement purposes, military
1524 purposes, emergency management activities, or public health
1525 activities. This section expires July 1, 2016.
1526 Section 49. In order to implement Specific Appropriations
1527 2906 through 2927 of the 2015-2016 General Appropriations Act,
1528 funded from the data processing appropriation category for
1529 computing services of user agencies, and pursuant to the notice,
1530 review, and objection procedures of s. 216.177, Florida
1531 Statutes, the Executive Office of the Governor may transfer
1532 funds appropriated for data processing in the 2015-2016 General
1533 Appropriations Act between agencies in order to align the budget
1534 authority granted with the utilization rate of each department.
1535 This section expires July 1, 2016.
1536 Section 50. In order to implement appropriations authorized
1537 in the 2015-2016 General Appropriations Act for data center
1538 services, and notwithstanding s. 216.292(2)(a), Florida
1539 Statutes, except as authorized in section 49 of this act, an
1540 agency may not transfer funds from a data processing category to
1541 a category other than another data processing category. This
1542 section expires July 1, 2016.
1543 Section 51. In order to implement Specific Appropriation
1544 2887 of the 2015-2016 General Appropriations Act, the Executive
1545 Office of the Governor may transfer funds appropriated in the
1546 appropriation category “Expenses” of the 2015-2016 General
1547 Appropriations Act between agencies in order to allocate a
1548 reduction relating to SUNCOM Network services. This section
1549 expires July 1, 2016.
1550 Section 52. In order to implement section 8 of the 2015
1551 2016 General Appropriations Act, section 110.12315, Florida
1552 Statutes, is reenacted to read:
1553 110.12315 Prescription drug program.—The state employees’
1554 prescription drug program is established. This program shall be
1555 administered by the Department of Management Services, according
1556 to the terms and conditions of the plan as established by the
1557 relevant provisions of the annual General Appropriations Act and
1558 implementing legislation, subject to the following conditions:
1559 (1) The department shall allow prescriptions written by
1560 health care providers under the plan to be filled by any
1561 licensed pharmacy pursuant to contractual claims-processing
1562 provisions. Nothing in this section may be construed as
1563 prohibiting a mail order prescription drug program distinct from
1564 the service provided by retail pharmacies.
1565 (2) In providing for reimbursement of pharmacies for
1566 prescription medicines dispensed to members of the state group
1567 health insurance plan and their dependents under the state
1568 employees’ prescription drug program:
1569 (a) Retail pharmacies participating in the program must be
1570 reimbursed at a uniform rate and subject to uniform conditions,
1571 according to the terms and conditions of the plan.
1572 (b) There shall be a 30-day supply limit for prescription
1573 card purchases, a 90-day supply limit for maintenance
1574 prescription drug purchases, and a 90-day supply limit for mail
1575 order or mail order prescription drug purchases.
1576 (c) The pharmacy dispensing fee shall be negotiated by the
1577 department.
1578 (3) Pharmacy reimbursement rates shall be as follows:
1579 (a) For mail order and specialty pharmacies contracting
1580 with the department, reimbursement rates shall be as established
1581 in the contract.
1582 (b) For retail pharmacies, the reimbursement rate shall be
1583 at the same rate as mail order pharmacies under contract with
1584 the department.
1585 (4) The department shall maintain the preferred brand name
1586 drug list to be used in the administration of the state
1587 employees’ prescription drug program.
1588 (5) The department shall maintain a list of maintenance
1589 drugs.
1590 (a) Preferred provider organization health plan members may
1591 have prescriptions for maintenance drugs filled up to three
1592 times as a 30-day supply through a retail pharmacy; thereafter,
1593 prescriptions for the same maintenance drug must be filled as a
1594 90-day supply either through the department’s contracted mail
1595 order pharmacy or through a retail pharmacy.
1596 (b) Health maintenance organization health plan members may
1597 have prescriptions for maintenance drugs filled as a 90-day
1598 supply either through a mail order pharmacy or through a retail
1599 pharmacy.
1600 (6) Copayments made by health plan members for a 90-day
1601 supply through a retail pharmacy shall be the same as copayments
1602 made for a 90-day supply through the department’s contracted
1603 mail order pharmacy.
1604 (7) The department shall establish the reimbursement
1605 schedule for prescription pharmaceuticals dispensed under the
1606 program. Reimbursement rates for a prescription pharmaceutical
1607 must be based on the cost of the generic equivalent drug if a
1608 generic equivalent exists, unless the physician prescribing the
1609 pharmaceutical clearly states on the prescription that the brand
1610 name drug is medically necessary or that the drug product is
1611 included on the formulary of drug products that may not be
1612 interchanged as provided in chapter 465, in which case
1613 reimbursement must be based on the cost of the brand name drug
1614 as specified in the reimbursement schedule adopted by the
1615 department.
1616 (8) The department shall conduct a prescription utilization
1617 review program. In order to participate in the state employees’
1618 prescription drug program, retail pharmacies dispensing
1619 prescription medicines to members of the state group health
1620 insurance plan or their covered dependents, or to subscribers or
1621 covered dependents of a health maintenance organization plan
1622 under the state group insurance program, shall make their
1623 records available for this review.
1624 (9) The department shall implement such additional cost
1625 saving measures and adjustments as may be required to balance
1626 program funding within appropriations provided, including a
1627 trial or starter dose program and dispensing of long-term
1628 maintenance medication in lieu of acute therapy medication.
1629 (10) Participating pharmacies must use a point-of-sale
1630 device or an online computer system to verify a participant’s
1631 eligibility for coverage. The state is not liable for
1632 reimbursement of a participating pharmacy for dispensing
1633 prescription drugs to any person whose current eligibility for
1634 coverage has not been verified by the state’s contracted
1635 administrator or by the department.
1636 (11) Under the state employees’ prescription drug program
1637 copayments must be made as follows:
1638 (a) Effective January 1, 2013, for the State Group Health
1639 Insurance Standard Plan:
1640 1. For generic drug with card.........................$7.
1641 2. For preferred brand name drug with card...........$30.
1642 3. For nonpreferred brand name drug with card........$50.
1643 4. For generic mail order drug.......................$14.
1644 5. For preferred brand name mail order drug..........$60.
1645 6. For nonpreferred brand name mail order drug......$100.
1646 (b) Effective January 1, 2006, for the State Group Health
1647 Insurance High Deductible Plan:
1648 1. Retail coinsurance for generic drug with card.....30%.
1649 2. Retail coinsurance for preferred brand name drug with
1650 card........................................................30%.
1651 3. Retail coinsurance for nonpreferred brand name drug with
1652 card........................................................50%.
1653 4. Mail order coinsurance for generic drug...........30%.
1654 5. Mail order coinsurance for preferred brand name drug30%.
1655 6. Mail order coinsurance for nonpreferred brand name
1656 drug........................................................50%.
1657 (c) The department shall create a preferred brand name drug
1658 list to be used in the administration of the state employees’
1659 prescription drug program.
1660 Section 53. (1) The amendments to s. 110.12315(2)(b),
1661 Florida Statutes, as carried forward by this act from chapters
1662 2013-41 and 2014-53, Laws of Florida, expire July 1, 2016, and
1663 the text of that paragraph shall revert to that in existence on
1664 June 30, 2012, except that any amendments to such text enacted
1665 other than by this act shall be preserved and continue to
1666 operate to the extent that such amendments are not dependent
1667 upon the portions of text which expire pursuant to this section.
1668 (2) The amendments to s. 110.12315(2)(c) and (3)-(10),
1669 Florida Statutes, as carried forward by this act from chapter
1670 2014-53, Laws of Florida, expire July 1, 2016, and the text of
1671 present s. 110.12315(2)(c) and (7)-(10), Florida Statutes,
1672 shall, respectively, revert to the former text of s.
1673 110.12315(2)(c) and (3)-(6), Florida Statutes, in existence on
1674 June 30, 2014, except that any amendments to such text enacted
1675 other than by this act shall be preserved and continue to
1676 operate to the extent that such amendments are not dependent
1677 upon the portions of text which expire pursuant to this section.
1678 (3) The amendment to s. 110.12315(7)(a), Florida Statutes,
1679 as carried forward by this act from chapter 2013-41, Laws of
1680 Florida, and the amendment that renumbered that paragraph as s.
1681 110.12315(11)(a), Florida Statutes, as carried forward by this
1682 act from chapter 2014-53, Laws of Florida, expire July 1, 2016,
1683 and the text of that paragraph shall revert to that in existence
1684 on December 31, 2010, except that any amendments to such text
1685 enacted other than by this act shall be preserved and continue
1686 to operate to the extent that such amendments are not dependent
1687 upon the portions of text which expire pursuant to this section.
1688 Section 54. Any section of this act which implements a
1689 specific appropriation or specifically identified proviso
1690 language in the 2015-2016 General Appropriations Act is void if
1691 the specific appropriation or specifically identified proviso
1692 language is vetoed. Any section of this act which implements
1693 more than one specific appropriation or more than one portion of
1694 specifically identified proviso language in the 2015-2016
1695 General Appropriations Act is void if all the specific
1696 appropriations or portions of specifically identified proviso
1697 language are vetoed.
1698 Section 55. If any other act passed during the 2015 Regular
1699 Session contains a provision that is substantively the same as a
1700 provision in this act, but that removes or is otherwise not
1701 subject to the future repeal applied to such provision by this
1702 act, the Legislature intends that the provision in the other act
1703 takes precedence and continues to operate, notwithstanding the
1704 future repeal provided by this act.
1705 Section 56. If any provision of this act or its application
1706 to any person or circumstance is held invalid, the invalidity
1707 does not affect other provisions or applications of the act
1708 which can be given effect without the invalid provision or
1709 application, and to this end the provisions of this act are
1710 severable.
1711 Section 57. Except as otherwise expressly provided in this
1712 act and except for this section, which shall take effect upon
1713 this act becoming a law, this act shall take effect July 1,
1714 2015; or, if this act fails to become a law until after that
1715 date, it shall take effect upon becoming a law and operate
1716 retroactively to July 1, 2015.
