Bill Text: FL S2502 | 2014 | Regular Session | Introduced
Bill Title: Implementing the General Appropriations Act
Spectrum: Committee Bill
Status: (Introduced - Dead) 2014-04-03 - Laid on Table, companion bill(s) passed, see HB 5001 (Ch. 2014-51), HB 5003 (Ch. 2014-53), HB 5101 (Ch. 2014-56) [S2502 Detail]
Download: Florida-2014-S2502-Introduced.html
Florida Senate - 2014 SB 2502
By the Committee on Appropriations
576-03311-14 20142502__
1 A bill to be entitled
2 An act relating to implementing the General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program for the 2014-2015
6 fiscal year; providing that funds for instructional
7 materials shall be released and expended as required
8 in specified proviso language, notwithstanding other
9 provisions of law; amending s. 1011.62, F.S.;
10 increasing the number of schools eligible for
11 categorical funding for supplemental academic
12 instruction and for the research-based reading
13 instruction allocation; suspending for the 2014-2015
14 fiscal year a provision authorizing the Legislature to
15 provide a virtual education contribution to the
16 Florida Education Finance Program; amending s.
17 1002.32, F.S.; requiring that eligible lab schools
18 that have a permanent high school center receive a
19 proportional share of the sparsity supplement;
20 amending s. 1013.64, F.S.; revising the basis for
21 allocating fixed-capital outlay funds for existing
22 satisfactory facilities; incorporating by reference
23 certain calculations of the Medicaid Low-Income Pool
24 and Disproportionate Share Hospital programs for the
25 2014-2015 fiscal year; providing requirements
26 governing the continuation of the Department of
27 Health’s Florida Onsite Sewage Nitrogen Reduction
28 Strategies Study; specifying certain prohibitions
29 before completion of the study; prioritizing which
30 categories of individuals on the Agency for Persons
31 with Disabilities wait list will be offered a slot on
32 the Medicaid home and community-based waiver programs;
33 allowing an individual to continue receiving waiver
34 services if his or her parent or guardian is an
35 active-duty service member transferred to Florida;
36 providing that individuals remaining on the wait list
37 are not entitled to an administrative proceeding;
38 prohibiting behavioral health managing entities
39 contracting with the Department of Children and
40 Families from conducting provider network procurements
41 during the 2014-2015 fiscal year; amending s. 216.262,
42 F.S.; authorizing the Department of Corrections to
43 submit a budget amendment for additional positions to
44 operate additional prison bed capacity under certain
45 circumstances; authorizing the Department of Legal
46 Affairs to spend certain appropriated funds on
47 programs that were funded by the department from
48 specific appropriations in general appropriations acts
49 in previous years; requiring the Department of
50 Juvenile Justice to comply with specified
51 reimbursement limitations with respect to payments to
52 hospitals or health care providers for health care
53 services; authorizing certain payments pursuant to a
54 contracted rate only until the contract expires or is
55 renewed; defining the term “hospital” for purposes of
56 such limitations; directing the Department of
57 Management Services to use a tenant broker to
58 renegotiate or reprocure leases for office or storage
59 space and provide a report to the Legislature;
60 reenacting s. 624.502, F.S., relating to a requirement
61 that fees for service of process upon the Chief
62 Financial Officer or Office of Insurance Regulation be
63 deposited into the Administrative Trust Fund; amending
64 s. 161.143, F.S.; providing an allocation in the
65 General Appropriations Act for inlet management
66 funding; amending s. 216.181, F.S.; authorizing the
67 Legislative Budget Commission to increase amounts
68 appropriated to the Fish and Wildlife Conservation
69 Commission or the Department of Environmental
70 Protection for fixed capital outlay projects; amending
71 s. 259.032, F.S.; authorizing the transfer of moneys
72 in the Conservation and Recreation Lands Trust Fund to
73 the Save Our Everglades Trust Fund to support certain
74 Everglades restoration projects; amending s. 375.041,
75 F.S.; providing for the transfer of moneys from the
76 Land Acquisition Trust Fund to support the Total
77 Maximum Daily Loads Program; providing for the
78 transfer of moneys in the Land Acquisition Trust Fund
79 to the Save Our Everglades Trust Fund to support
80 certain Everglades restoration projects; amending s.
81 373.59, F.S.; revising the allocation of moneys from
82 the Water Management Lands Trust Fund; authorizing
83 specified funds to be deposited into the Save Our
84 Everglades Trust Fund to support certain Everglades
85 restoration projects; amending s. 376.30711, F.S.;
86 requiring that all task assignments, work orders, and
87 contracts for providers under the Petroleum
88 Restoration Program must meet certain requirements;
89 amending s. 403.7095, F.S.; requiring the Department
90 of Environmental Protection to award a specified
91 amount in grants to certain counties for solid waste
92 programs; authorizing the Fish and Wildlife
93 Conservation Commission to pay a bounty for captured
94 and destroyed lionfish; amending s. 339.135, F.S.;
95 authorizing the Department of Transportation to use
96 appropriated funds to support the establishment of a
97 statewide system of interconnected multiuse trails and
98 related facilities; amending s. 335.065, F.S.;
99 authorizing the Department of Transportation to use
100 certain funds to support the establishment of a
101 statewide system of interconnected multiuse trails and
102 related facilities; providing criteria for
103 prioritizing trail projects; providing for the
104 reversion of unobligated funds appropriated for
105 certain transportation and economic development
106 projects; prohibiting a state agency from initiating a
107 competitive solicitation for a product or service
108 under certain circumstances; authorizing the Executive
109 Office of the Governor to transfer funds between
110 departments for purposes of aligning amounts paid for
111 risk management premiums and for purposes of aligning
112 amounts paid for human resource management services;
113 amending s. 112.24, F.S.; providing conditions on the
114 assignment of an employee of a state agency; providing
115 that the annual salary of the members of the
116 Legislature be maintained at a specified level;
117 reenacting s. 215.32(2)(b), F.S., relating to the
118 source and use of certain trust funds; providing a
119 legislative determination that the issuance of new
120 debt is in the best interests of the state and
121 necessary to address a critical state emergency;
122 limiting the use of travel funds to activities that
123 are critical to an agency’s mission; providing
124 exceptions; authorizing certain agencies to request
125 the transfer of resources between Data Processing
126 Services appropriation categories and appropriation
127 categories for operation based upon changes to the
128 data center services consolidation schedule;
129 authorizing the Executive Office of the Governor to
130 transfer funds for use by the state’s designated
131 primary data centers; prohibiting an agency from
132 transferring funds from a data processing category to
133 another category; reenacting and amending s.
134 110.12315(2)(b) and (7)(a), F.S., relating to the
135 state employee prescription drug program; updating
136 provisions specifying copayment amounts; providing for
137 the effect of a veto of one or more specific
138 appropriations or proviso to which implementing
139 language refers; providing for the continued operation
140 of certain provisions notwithstanding a future repeal
141 or expiration provided by this act; providing for
142 severability; providing effective dates.
143
144 Be It Enacted by the Legislature of the State of Florida:
145
146 Section 1. It is the intent of the Legislature that the
147 implementing and administering provisions of this act apply to
148 the General Appropriations Act for the 2014-2015 fiscal year.
149 Section 2. In order to implement Specific Appropriations 9,
150 10, 11, 96, and 97 of the 2014-2015 General Appropriations Act,
151 the calculations of the Florida Education Finance Program for
152 the 2014-2015 fiscal year in the document entitled “Public
153 School Funding-The Florida Education Finance Program,” dated____
154 ____, 2014, and filed with the Secretary of the Senate, are
155 incorporated by reference for the purpose of displaying the
156 calculations used by the Legislature, consistent with the
157 requirements of state law, in making appropriations for the
158 Florida Education Finance Program. This section expires July 1,
159 2015.
160 Section 3. In order to implement Specific Appropriations 9
161 and 96 of the 2014-2015 General Appropriations Act and
162 notwithstanding the provisions of ss. 1006.28 through 1006.42,
163 1002.20, 1003.02, 1011.62(6)(b)5., and 1011.67, Florida
164 Statutes, relating to the expenditure of funds provided for
165 instructional materials, for the 2014-2015 fiscal year, funds
166 provided for instructional materials shall be released and
167 expended as required in the proviso language attached to
168 Specific Appropriation 96. This section expires July 1, 2015.
169 Section 4. In order to implement Specific Appropriations 9
170 and 96 of the 2014-2015, General Appropriations Act, paragraph
171 (f) of subsection (1), paragraphs (a) and (c) of subsection (9),
172 and subsection (11) of section 1011.62, Florida Statutes, are
173 amended to read:
174 1011.62 Funds for operation of schools.—If the annual
175 allocation from the Florida Education Finance Program to each
176 district for operation of schools is not determined in the
177 annual appropriations act or the substantive bill implementing
178 the annual appropriations act, it shall be determined as
179 follows:
180 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
181 OPERATION.—The following procedure shall be followed in
182 determining the annual allocation to each district for
183 operation:
184 (f) Supplemental academic instruction; categorical fund.—
185 1. There is created a categorical fund to provide
186 supplemental academic instruction to students in kindergarten
187 through grade 12. This paragraph may be cited as the
188 “Supplemental Academic Instruction Categorical Fund.”
189 2. Categorical funds for supplemental academic instruction
190 shall be allocated annually to each school district in the
191 amount provided in the General Appropriations Act. These funds
192 are shall be in addition to the funds appropriated on the basis
193 of FTE student membership in the Florida Education Finance
194 Program and shall be included in the total potential funds of
195 each district. These funds shall be used to provide supplemental
196 academic instruction to students enrolled in the K-12 program.
197 For the 2012-2013, 2013-2014, and 2014-2015 fiscal year years,
198 each school district that has one or more of the 300 100 lowest
199 performing elementary schools based on the state reading
200 assessment shall use these funds, together with the funds
201 provided in the district’s research-based reading instruction
202 allocation and other available funds, to provide an additional
203 hour of instruction beyond the normal school day for each day of
204 the entire school year for intensive reading instruction for the
205 students in each of these schools. This additional hour of
206 instruction must be provided only by teachers or reading
207 specialists who are effective in teaching reading. Students
208 enrolled in these schools who have level 5 assessment scores may
209 participate in the additional hour of instruction on an optional
210 basis. Exceptional student education centers are shall not be
211 included in the 300 100 schools. After this requirement has been
212 met, supplemental instruction strategies may include, but are
213 not limited to: modified curriculum, reading instruction, after
214 school instruction, tutoring, mentoring, class size reduction,
215 extended school year, intensive skills development in summer
216 school, and other methods for improving student achievement.
217 Supplemental instruction may be provided to a student in any
218 manner and at any time during or beyond the regular 180-day term
219 identified by the school as being the most effective and
220 efficient way to best help that student progress from grade to
221 grade and to graduate.
222 3. Effective with the 1999-2000 fiscal year, Funding on the
223 basis of FTE membership beyond the 180-day regular term shall be
224 provided in the FEFP only for students enrolled in juvenile
225 justice education programs or in education programs for
226 juveniles placed in secure facilities or programs under s.
227 985.19. Funding for instruction beyond the regular 180-day
228 school year for all other K-12 students shall be provided
229 through the supplemental academic instruction categorical fund
230 and other state, federal, and local fund sources with ample
231 flexibility for schools to provide supplemental instruction to
232 assist students in progressing from grade to grade and
233 graduating.
234 4. The Florida State University School, as a lab school, is
235 authorized to expend from its FEFP or Lottery Enhancement Trust
236 Fund allocation the cost to the student of remediation in
237 reading, writing, or mathematics for any graduate who requires
238 remediation at a postsecondary educational institution.
239 5. Beginning in the 1999-2000 school year, Dropout
240 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
241 (b), and (c), and 1003.54 shall be included in group 1 programs
242 under subparagraph (d)3.
243 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
244 (a) The research-based reading instruction allocation is
245 created to provide comprehensive reading instruction to students
246 in kindergarten through grade 12. For the 2012-2013, 2013-2014,
247 and 2014-2015 fiscal year years, in each school district that
248 has one or more of the 300 100 lowest-performing elementary
249 schools based on the state reading assessment, priority shall be
250 given to providing an additional hour per day of intensive
251 reading instruction beyond the normal school day for each day of
252 the entire school year for the students in each school. Students
253 enrolled in these schools who have level 5 assessment scores may
254 participate in the additional hour of instruction on an optional
255 basis. Exceptional student education centers are shall not be
256 included in the 300 100 schools. The intensive reading
257 instruction delivered in this additional hour and for other
258 students shall include: research-based reading instruction that
259 has been proven to accelerate progress of students exhibiting a
260 reading deficiency; differentiated instruction based on student
261 assessment data to meet students’ specific reading needs;
262 explicit and systematic reading development in phonemic
263 awareness, phonics, fluency, vocabulary, and comprehension, with
264 more extensive opportunities for guided practice, error
265 correction, and feedback; and the integration of social studies,
266 science, and mathematics-text reading, text discussion, and
267 writing in response to reading. For the 2012-2013 and 2013-2014
268 fiscal years, a school district may not hire more reading
269 coaches than were hired during the 2011-2012 fiscal year unless
270 all students in kindergarten through grade 5 who demonstrate a
271 reading deficiency, as determined by district and state
272 assessments, including students scoring Level 1 or Level 2 on
273 FCAT Reading, are provided an additional hour per day of
274 intensive reading instruction beyond the normal school day for
275 each day of the entire school year.
276 (c) Funds allocated under this subsection must be used to
277 provide a system of comprehensive reading instruction to
278 students enrolled in the K-12 programs, which may include the
279 following:
280 1. The provision of an additional hour per day of intensive
281 reading instruction to students in the 300 100 lowest-performing
282 elementary schools by teachers and reading specialists who are
283 effective in teaching reading.
284 2. Kindergarten through grade 5 reading intervention
285 teachers to provide intensive intervention during the school day
286 and in the required extra hour for students identified as having
287 a reading deficiency.
288 3. The provision of highly qualified reading coaches to
289 specifically support teachers in making instructional decisions
290 based on student data, and improve teacher delivery of effective
291 reading instruction, intervention, and reading in the content
292 areas based on student need.
293 4. Professional development for school district teachers in
294 scientifically based reading instruction, including strategies
295 to teach reading in content areas and with an emphasis on
296 technical and informational text.
297 5. The provision of summer reading camps for all students
298 in kindergarten through grade 2 who demonstrate a reading
299 deficiency as determined by district and state assessments, and
300 students in grades 3 through 5 who score at Level 1 on FCAT
301 Reading.
302 6. The provision of supplemental instructional materials
303 that are grounded in scientifically based reading research.
304 7. The provision of intensive interventions for students in
305 kindergarten through grade 12 who have been identified as having
306 a reading deficiency or who are reading below grade level as
307 determined by the FCAT.
308 (11) VIRTUAL EDUCATION CONTRIBUTION.—Except for the 2014
309 2015 fiscal year, the Legislature may annually provide in the
310 Florida Education Finance Program a virtual education
311 contribution. The amount of the virtual education contribution
312 shall be the difference between the amount per FTE established
313 in the General Appropriations Act for virtual education and the
314 amount per FTE for each district and the Florida Virtual School,
315 which may be calculated by taking the sum of the base FEFP
316 allocation, the discretionary local effort, the state-funded
317 discretionary contribution, the discretionary millage
318 compression supplement, the research-based reading instruction
319 allocation, and the instructional materials allocation, and then
320 dividing by the total unweighted FTE. This difference shall be
321 multiplied by the virtual education unweighted FTE for programs
322 and options identified in s. 1002.455(3) and the Florida Virtual
323 School and its franchises to equal the virtual education
324 contribution and shall be included as a separate allocation in
325 the funding formula.
326 Section 5. The amendments to s. 1011.62(1)(f), (9)(a) and
327 (c), and (11), Florida Statutes, made by this act expire July 1,
328 2015, and the text of those subsections and paragraphs shall
329 revert to that in existence on June 30, 2014, except that any
330 amendments to such text enacted other than by this act shall be
331 preserved and continue to operate to the extent that such
332 amendments are not dependent upon the portions of text which
333 expire pursuant to this section.
334 Section 6. In order to implement Specific Appropriations 9
335 and 96 of the 2014-2015 General Appropriations Act, paragraph
336 (a) of subsection (9) of section 1002.32, Florida Statutes, is
337 amended to read:
338 1002.32 Developmental research (laboratory) schools.—
339 (9) FUNDING.—Funding for a lab school, including a charter
340 lab school, shall be provided as follows:
341 (a) Each lab school shall be allocated its proportional
342 share of operating funds from the Florida Education Finance
343 Program as provided in s. 1011.62 based on the county in which
344 the lab school is located and the General Appropriations Act.
345 The nonvoted ad valorem millage that would otherwise be required
346 for lab schools shall be allocated from state funds. The
347 required local effort funds calculated pursuant to s. 1011.62
348 shall be allocated from state funds to the schools as a part of
349 the allocation of operating funds pursuant to s. 1011.62. Each
350 eligible lab school in operation as of September 1, 2013 2002,
351 which has a permanent high school center must shall also receive
352 a proportional share of the sparsity supplement as calculated
353 pursuant to s. 1011.62. In addition, each lab school shall
354 receive its proportional share of all categorical funds, with
355 the exception of s. 1011.68, and new categorical funds enacted
356 after July 1, 1994, for the purpose of elementary or secondary
357 academic program enhancement. The sum of funds available as
358 provided in this paragraph shall be included annually in the
359 Florida Education Finance Program and appropriate categorical
360 programs funded in the General Appropriations Act.
361 Section 7. The amendments to s. 1002.32(9)(a), Florida
362 Statutes, made by this act expire July 1, 2015, and the text of
363 that paragraph shall revert to that in existence on June 30,
364 2014, except that any amendments to such text enacted other than
365 by this act shall be preserved and continue to operate to the
366 extent that such amendments are not dependent upon the portions
367 of text which expire pursuant to this section.
368 Section 8. In order to implement Specific Appropriation 25
369 of the 2014-2015 General Appropriations Act, paragraph (a) of
370 subsection (1) of section 1013.64, Florida Statutes, is amended
371 to read:
372 1013.64 Funds for comprehensive educational plant needs;
373 construction cost maximums for school district capital
374 projects.—Allocations from the Public Education Capital Outlay
375 and Debt Service Trust Fund to the various boards for capital
376 outlay projects shall be determined as follows:
377 (1)(a)1. Funds for remodeling, renovation, maintenance,
378 repairs, and site improvement for existing satisfactory
379 facilities shall be given priority consideration by the
380 Legislature for appropriations allocated to the boards from the
381 total amount of the Public Education Capital Outlay and Debt
382 Service Trust Fund appropriated. These funds shall be calculated
383 pursuant to the following basic formula: the building value
384 times the building age over the sum of the years’ digits
385 assuming a 50-year building life. For modular noncombustible
386 facilities, a 35-year life shall be used, and for relocatable
387 facilities, a 20-year life shall be used. “Building value” is
388 calculated by multiplying each building’s total assignable
389 square feet times the appropriate net-to-gross conversion rate
390 found in state board rules and that product times the current
391 average new construction cost. “Building age” is calculated by
392 multiplying the prior year’s building age times 1 minus the
393 prior year’s sum received from this subsection divided by the
394 prior year’s building value. To the net result shall be added
395 the number 1. Each board shall receive the percentage generated
396 by the preceding formula of the total amount appropriated for
397 the purposes of this section.
398 2. Notwithstanding subparagraph 1., and for the 2014-2015
399 fiscal year only, funds appropriated for remodeling, renovation,
400 maintenance, repairs, and site improvement for existing
401 satisfactory facilities shall be allocated by prorating the
402 total appropriation based on each school district’s share of the
403 2013-2014 reported fixed capital outlay FTE. This subparagraph
404 expires July 1, 2015.
405 Section 9. In order to implement Specific Appropriations
406 203, 210, 211, 212, and 215 of the 2014-2015 General
407 Appropriations Act, the calculations for the Medicaid Low-Income
408 Pool and Disproportionate Share Hospital programs, and the
409 parameters and calculations for the diagnosis-related group
410 (DRG) methodology for hospital reimbursement, for the 2014-2015
411 fiscal year contained in the document entitled “Medicaid
412 Hospital Funding Programs,” dated __________, 2014, and filed
413 with the Secretary of the Senate, are incorporated by reference
414 for the purpose of displaying the calculations used by the
415 Legislature, consistent with the requirements of state law, in
416 making appropriations for the Medicaid Low-Income Pool and
417 Disproportionate Share Hospital programs, and the parameters and
418 calculations for the DRG methodology for hospital reimbursement.
419 This section expires July 1, 2015.
420 Section 10. (1) In order to implement Specific
421 Appropriation 490 of the 2014-2015 General Appropriations Act,
422 the following requirements govern the continuation of the
423 Department of Health’s Florida Onsite Sewage Nitrogen Reduction
424 Strategies Study:
425 (a) The Department of Health’s underlying contract for the
426 study remains in full force and effect and funding for
427 continuation of the study is provided through the department.
428 (b) The Department of Health, the Department of Health’s
429 Research Review and Advisory Committee, and the Department of
430 Environmental Protection shall work together to provide the
431 necessary technical oversight of the continuation of the study.
432 (c) Management and oversight of the continuation of the
433 study must be consistent with the terms of the existing
434 contract. However, the main focus and priority to be completed
435 is testing and recommending cost-effective passive technology
436 design criteria for nitrogen reduction. Notwithstanding any
437 other law, before the study is completed, a state agency may not
438 adopt or implement a rule or policy that:
439 1. Mandates, establishes, or implements more restrictive
440 nitrogen reduction standards to existing or new onsite sewage
441 treatment systems or modification of such systems; or
442 2. Directly or indirectly, such as through an
443 administrative order developed by the Department of
444 Environmental Protection as part of a basin management action
445 plan adopted pursuant to s. 403.067, Florida Statutes, requires
446 the use of performance-based treatment systems or similar
447 technology. However, more restrictive nitrogen reduction
448 standards for onsite systems may be required through a basin
449 management action plan if such plan is phased in after
450 completion of the study.
451 (2) This section expires July 1, 2015.
452 Section 11. (1) In order to implement Specific
453 Appropriation 268 of the 2014-2015 General Appropriations Act,
454 and notwithstanding s. 393.065(5), Florida Statutes, individuals
455 from the Medicaid home and community-based waiver programs wait
456 list shall be offered a slot on the waiver as follows:
457 (a) Individuals in category 1, which includes clients
458 deemed to be in crisis as described in rule, shall be given top
459 priority in moving from the wait list to the waiver.
460 (b) Individuals in category 2, at the time of finalization
461 of an adoption with placement in the family home, reunification
462 with family members with placement in a family home, or
463 permanent placement with a relative in a family home, shall be
464 moved to the waiver.
465 (c) In selecting individuals in category 3 or category 4,
466 the Agency for Persons with Disabilities shall use the Agency
467 for Persons with Disabilities Wait List Prioritization Tool,
468 dated March 15, 2013. Those individuals whose needs score
469 highest on the Wait List Prioritization Tool shall be moved to
470 the waiver during the 2014-2015 fiscal year, to the extent funds
471 are available.
472 (2) The agency shall allow an individual who meets the
473 eligibility requirements provided under s. 393.065(1), Florida
474 Statutes, to receive home and community-based services in this
475 state if the individual’s parent or legal guardian is an active
476 duty military service member and, at the time of the service
477 member’s transfer to Florida, the individual was receiving home
478 and community-based services in another state.
479 (3) Upon the placement of individuals on the waiver
480 pursuant to subsection (1), individuals remaining on the wait
481 list are deemed not to have been substantially affected by
482 agency action and are, therefore, not entitled to a hearing
483 under s. 393.125, Florida Statutes, or administrative proceeding
484 under chapter 120, Florida Statutes. This section expires July
485 1, 2015.
486 Section 12. In order to implement Specific Appropriations
487 350 through 366D and 371 through 374 of the 2014-2015 General
488 Appropriations Act, and notwithstanding any other law, in order
489 to provide consistency and continuity in the provision of mental
490 health and substance abuse treatment services to individuals
491 throughout the state, behavioral health managing entities
492 contracting with the Department of Children and Families
493 pursuant to s. 394.9082, Florida Statutes, may not conduct
494 provider network procurements during the 2014-2015 fiscal year.
495 The department shall amend its contracts with each managing
496 entity if necessary to remove contractual provisions that have
497 the effect of requiring a managing entity to conduct a provider
498 network procurement during the 2014-2015 fiscal year. This
499 section expires July 1, 2015.
500 Section 13. In order to implement Specific Appropriations
501 625 through 734 and 747 through 786 of the 2014-2015 General
502 Appropriations Act, subsection (4) of section 216.262, Florida
503 Statutes, is amended to read:
504 216.262 Authorized positions.—
505 (4) Notwithstanding the provisions of this chapter relating
506 to increasing the number of authorized positions, and for the
507 2014-2015 2013-2014 fiscal year only, if the actual inmate
508 population of the Department of Corrections exceeds the inmate
509 population projections of the February 27, 2014 February 19,
510 2013, Criminal Justice Estimating Conference by 1 percent for 2
511 consecutive months or 2 percent for any month, the Executive
512 Office of the Governor, with the approval of the Legislative
513 Budget Commission, shall immediately notify the Criminal Justice
514 Estimating Conference, which shall convene as soon as possible
515 to revise the estimates. The Department of Corrections may then
516 submit a budget amendment requesting the establishment of
517 positions in excess of the number authorized by the Legislature
518 and additional appropriations from unallocated general revenue
519 sufficient to provide for essential staff, fixed capital
520 improvements, and other resources to provide classification,
521 security, food services, health services, and other variable
522 expenses within the institutions to accommodate the estimated
523 increase in the inmate population. All actions taken pursuant to
524 this subsection are subject to review and approval by the
525 Legislative Budget Commission. This subsection expires July 1,
526 2015 2014.
527 Section 14. In order to implement Specific Appropriations
528 1322 and 1323 of the 2014-2015 General Appropriations Act, the
529 Department of Legal Affairs may expend appropriated funds in
530 those specific appropriations on the same programs that were
531 funded by the department pursuant to specific appropriations
532 made in general appropriations acts in previous years. This
533 section expires July 1, 2015.
534 Section 15. (1) In order to implement Specific
535 Appropriations 1130, 1135, 1136, 1142, 1143, 1147, 1148, 1184,
536 1186, 1192, 1193, 1194, 1205, and 1210 of the 2014-2015 General
537 Appropriations Act, the Department of Juvenile Justice must
538 comply with the following reimbursement limitations:
539 (a) Payments to a hospital or a health care provider may
540 not exceed 110 percent of the Medicare allowable rate for any
541 health care services provided if there is no contract between
542 the department and the hospital or the health care provider
543 providing services at a hospital;
544 (b) The department may continue to make payments for health
545 care services at the currently contracted rates through the
546 current term of the contract if a contract has been executed
547 between the department and a hospital or a health care provider
548 providing services at a hospital; however, payments may not
549 exceed 110 percent of the Medicare allowable rate after the
550 current term of the contract expires or after the contract is
551 renewed during the 2014-2015 fiscal year;
552 (c) Payments may not exceed 110 percent of the Medicare
553 allowable rate under a contract executed on or after July 1,
554 2014, between the department and a hospital or a health care
555 provider providing services at a hospital; and
556 (d) Notwithstanding paragraphs (a)-(c), the department may
557 pay up to 125 percent of the Medicare allowable rate for health
558 care services at a hospital that reports or has reported a
559 negative operating margin for the previous fiscal year to the
560 Agency for Health Care Administration through hospital-audited
561 financial data.
562 (2) As used in this section, the term “hospital” means a
563 hospital licensed under chapter 395, Florida Statutes.
564 (3) This section expires July 1, 2015.
565 Section 16. In order to implement appropriations used for
566 the payment of existing lease contracts for private lease space
567 in excess of 2,000 square feet in the 2014-2015 General
568 Appropriations Act, the Department of Management Services, with
569 the cooperation of the agencies having the existing lease
570 contracts for office or storage space, shall use tenant broker
571 services to renegotiate or reprocure all private lease
572 agreements for office or storage space expiring between July 1,
573 2015, and June 30, 2017, in order to reduce costs in future
574 years. The department shall incorporate this initiative into its
575 2014 Master Leasing Report and may use tenant broker services to
576 explore the possibilities of colocating office or storage space,
577 to review the space needs of each agency, and to review the
578 length and terms of potential renewals or renegotiations. The
579 department shall provide a report to the Executive Office of the
580 Governor, the President of the Senate, and the Speaker of the
581 House of Representatives by November 1, 2014, which lists each
582 lease contract for private office or storage space, the status
583 of renegotiations, and the savings achieved. This section
584 expires July 1, 2015.
585 Section 17. In order to implement Specific Appropriations
586 2277 through 2285 of the 2014-2015 General Appropriations Act,
587 section 624.502, Florida Statutes, is reenacted to read:
588 624.502 Service of process fee.—In all instances as
589 provided in any section of the insurance code and s. 48.151(3)
590 in which service of process is authorized to be made upon the
591 Chief Financial Officer or the director of the office, the
592 plaintiff shall pay to the department or office a fee of $15 for
593 such service of process, which fee shall be deposited into the
594 Administrative Trust Fund.
595 Section 18. The amendment to s. 624.502, Florida Statutes,
596 as carried forward by this act from chapter 2013-41, Laws of
597 Florida, expires July 1, 2015, and the text of that section
598 shall revert to that in existence on June 30, 2013, except that
599 any amendments to such text enacted other than by this act shall
600 be preserved and continue to operate to the extent that such
601 amendments are not dependent upon the portions of text which
602 expire pursuant to this section.
603 Section 19. In order to implement Specific Appropriation
604 1653 of the 2014-2015 General Appropriations Act, paragraph (e)
605 of subsection (5) of section 161.143, Florida Statutes, is
606 amended to read:
607 161.143 Inlet management; planning, prioritizing, funding,
608 approving, and implementing projects.—
609 (5) The department shall annually provide an inlet
610 management project list, in priority order, to the Legislature
611 as part of the department’s budget request. The list must
612 include studies, projects, or other activities that address the
613 management of at least 10 separate inlets and that are ranked
614 according to the criteria established under subsection (2).
615 (e) Notwithstanding paragraphs (a) and (b), and for the
616 2014-2015 2013-2014 fiscal year only, the amount allocated for
617 inlet management funding is provided in the General
618 Appropriations Act. This paragraph expires July 1, 2015 2014.
619 Section 20. In order to implement Specific Appropriations
620 1727A, 1727B, 1777A, and 1843A of the 2014-2015 General
621 Appropriations Act, paragraph (d) is added to subsection (11) of
622 section 216.181, Florida Statutes, to read:
623 216.181 Approved budgets for operations and fixed capital
624 outlay.—
625 (11)
626 (d) Notwithstanding paragraphs (b) and (2)(b), and for the
627 2014-2015 fiscal year only, the Legislative Budget Commission
628 may authorize increases of the amounts appropriated to the Fish
629 and Wildlife Conservation Commission or the Department of
630 Environmental Protection for fixed capital outlay projects,
631 including additional fixed capital outlay projects, using funds
632 provided to the state from the Gulf Environmental Benefit Fund
633 administered by the National Fish and Wildlife Foundation; funds
634 provided to the state from the Gulf Coast Restoration Trust Fund
635 related to the Resources and Ecosystems Sustainability, Tourist
636 Opportunities, and Revived Economies of the Gulf Coast Act of
637 2012 (RESTORE Act); or funds provided by the British Petroleum
638 Corporation (BP) for natural resources damage assessment early
639 restoration projects. Concurrent with submission of an amendment
640 to the Legislative Budget Commission pursuant to this paragraph,
641 any project that carries a continuing commitment for future
642 appropriations by the Legislature must be specifically
643 identified, together with the projected amount of the future
644 commitment associated with the project and the fiscal years in
645 which the commitment is expected to commence. This paragraph
646 expires July 1, 2015.
647
648 The provisions of this subsection are subject to the notice and
649 objection procedures set forth in s. 216.177.
650 Section 21. In order to implement Specific Appropriation
651 1627A and section 38 of the 2014-2015 General Appropriations
652 Act, paragraph (f) is added to subsection (11) of section
653 259.032, Florida Statutes, to read:
654 259.032 Conservation and Recreation Lands Trust Fund;
655 purpose.—
656 (11)
657 (f) For the 2014-2015 fiscal year only, moneys in the
658 Conservation and Recreation Lands Trust Fund may be transferred
659 pursuant to s. 216.181(12) to the Save Our Everglades Trust Fund
660 to support Everglades restoration projects included in the final
661 report of the Select Committee on Indian River Lagoon and Lake
662 Okeechobee Basin, dated November 8, 2013. This paragraph expires
663 July 1, 2015.
664 Section 22. In order to implement Specific Appropriations
665 1627A and 1646 and section 38 of the 2013-2014 General
666 Appropriations Act, paragraphs (b) and (c) of subsection (3) of
667 section 375.041, Florida Statutes, are amended to read:
668 375.041 Land Acquisition Trust Fund.—
669 (3)
670 (b) In addition to the uses allowed under paragraph (a),
671 for the 2014-2015 2013-2014 fiscal year, moneys in the Land
672 Acquisition Trust Fund may be transferred to support the Total
673 Maximum Daily Loads Program as provided in the General
674 Appropriations Act. This paragraph expires July 1, 2015 2014.
675 (c) For the 2014-2015 2013-2014 fiscal year only, moneys in
676 the Land Acquisition Trust Fund may be transferred to the Save
677 Our Everglades Trust Fund for Everglades restoration pursuant to
678 s. 216.181(12) to support Everglades restoration projects
679 included in the final report of the Select Committee on Indian
680 River Lagoon and Lake Okeechobee Basin, dated November 8, 2013.
681 This paragraph expires July 1, 2015 2014.
682 Section 23. In order to implement Specific Appropriations
683 1625 and 1627A and section 38 of the 2014-2015 General
684 Appropriations Act, subsection (12) of section 373.59, Florida
685 Statutes, is amended to read:
686 373.59 Water Management Lands Trust Fund.—
687 (12) Notwithstanding subsection (8), and for the 2014-2015
688 2013-2014 fiscal year only, the moneys from the Water Management
689 Lands Trust Fund are allocated as follows:
690 (a) An amount necessary to pay debt service on bonds issued
691 before February 1, 2009, by the South Florida Water Management
692 District and the St. Johns River Water Management District,
693 which are secured by revenues provided pursuant to this section,
694 or to fund debt service reserve funds, rebate obligations, or
695 other amounts payable with respect to such bonds.
696 (b) Eight million dollars to be transferred to the General
697 Revenue Fund.
698 (c) Three million dollars may be transferred pursuant to s.
699 216.181(12) to the Save Our Everglades Trust Fund to support
700 Everglades restoration projects included in the final report of
701 the Select Committee on Indian River Lagoon and Lake Okeechobee
702 Basin, dated November 8, 2013.
703 (d) Any remaining funds to be provided in accordance with
704 the General Appropriations Act.
705 (c) Three million dollars to be distributed to the Suwannee
706 River Water Management District for springs restoration and
707 protection projects.
708 (d) Three million dollars to be distributed to the
709 Northwest Florida Water Management District for Apalachicola Bay
710 water quality improvement projects.
711 (e) Four million dollars to be distributed to the South
712 Florida Water Management District for J.W. Corbett Levee system
713 improvements.
714 (f) One million dollars to be distributed to the Southwest
715 Florida Water Management District for Duck Slough/Thousand Oaks
716 flood mitigation.
717 (g) The remaining appropriation to be distributed to the
718 Suwannee River Water Management District.
719
720 This subsection expires July 1, 2015 2014.
721 Section 24. In order to implement Specific Appropriation
722 1627 of the 2014-2015 General Appropriations Act, the recurring
723 $12 million appropriated from the General Revenue Fund and the
724 recurring $20 million appropriated from the Water Management
725 Lands Trust Fund to the Department of Environmental Protection
726 for the Restoration Strategies Regional Water Quality Plan
727 provided in chapter 2013-59, Laws of Florida, shall be deposited
728 into the Save Our Everglades Trust Fund within the department to
729 support Everglades restoration projects included in the final
730 report of the Select Committee on Indian River Lagoon and Lake
731 Okeechobee Basin, dated November 8, 2013. This section expires
732 July 1, 2015.
733 Section 25. In order to implement Specific Appropriation
734 1697A of the 2014-2015 General Appropriations Act, paragraphs
735 (d) and (e) of subsection (2) of section 376.30711, Florida
736 Statutes, are amended to read:
737 376.30711 Preapproved site rehabilitation, effective March
738 29, 1995.—
739 (2)
740 (d) All task assignments, work orders, and contracts for
741 providers under the Petroleum Restoration Program entered into
742 by the department on or after July 1, 2013, pursuant to this
743 section and ss. 376.3071 and 376.30713 must:
744 1. Be procured through competitive bidding pursuant to s.
745 287.056, s. 287.057, or s. 287.0595.
746 2. Require that a statement under oath be executed and
747 provided to the department concurrently with the execution of
748 the task assignments, work orders, or contracts by:
749 a. All owners, responsible parties, and cleanup contractors
750 and subcontractors, that no compensation, remuneration, or gift
751 of any kind, directly or indirectly, has been solicited,
752 offered, accepted, paid, or received in exchange for designation
753 or employment in connection with the cleanup of an eligible
754 site, except for the compensation paid by the department to the
755 contractor for the cleanup.
756 b. All cleanup contractors and subcontractors receiving
757 compensation for cleanup of eligible sites, that they have never
758 paid, offered, or provided any compensation in exchange for
759 being designated or hired to do cleanup work, except for
760 compensation for the cleanup work.
761
762 This paragraph expires June 30, 2015 2014.
763 (e) Any owner, responsible party, or cleanup contractor or
764 subcontractor who falsely executes a statement required pursuant
765 to subparagraph (d)2. is prohibited from participating in the
766 Petroleum Restoration Program. This paragraph expires June 30,
767 2015 2014.
768 Section 26. In order to implement Specific Appropriation
769 1700 of the 2014-2015 General Appropriations Act, subsection (5)
770 of section 403.7095, Florida Statutes, is amended to read:
771 403.7095 Solid waste management grant program.—
772 (5) Notwithstanding any other provision of this section,
773 and for the 2014-2015 2013-2014 fiscal year only, the Department
774 of Environmental Protection shall award the sum of $3 million in
775 grants equally to counties having populations of fewer than
776 100,000 for waste tire and litter prevention, recycling
777 education, and general solid waste programs. This subsection
778 expires July 1, 2015 2014.
779 Section 27. In order to implement Specific Appropriation
780 1839A of the 2014-2015 General Appropriations Act, the Fish and
781 Wildlife Conservation Commission may pay a bounty for each
782 lionfish captured and destroyed from state or adjacent federal
783 waters during participating lionfish derbies. This section
784 expires July 1, 2015.
785 Section 28. In order to implement Specific Appropriation
786 1913 of the 2014-2015 General Appropriations Act, paragraph (i)
787 is added to subsection (4) of section 339.135, Florida Statutes,
788 and subsection (5) of that section is amended, to read:
789 339.135 Work program; legislative budget request;
790 definitions; preparation, adoption, execution, and amendment.—
791 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
792 (i) Notwithstanding paragraph (a), and for the 2014-2015
793 fiscal year only, the Department of Transportation may use
794 appropriated funds to support the establishment of a statewide
795 system of interconnected multiuse trails and to pay the costs of
796 planning, land acquisition, design, and construction of such
797 trails and related facilities. Funds specifically appropriated
798 for this purpose may not reduce, delete, or defer any existing
799 projects funded as of July 1, 2014, in the Department of
800 Transportation 5-year work program. This paragraph expires July
801 1, 2015.
802 (5) ADOPTION OF THE WORK PROGRAM.—
803 (a) The original approved budget for operational and fixed
804 capital expenditures for the department shall be the Governor’s
805 budget recommendation and the first year of the tentative work
806 program, as both are amended by the General Appropriations Act
807 and any other act containing appropriations. In accordance with
808 the appropriations act, the department shall, before the
809 beginning of the fiscal year, adopt a final work program that
810 includes which shall only include the original approved budget
811 for the department for the ensuing fiscal year, together with
812 any roll forwards approved pursuant to paragraph (6)(c), and the
813 portion of the tentative work program for the following 4 fiscal
814 years revised in accordance with the original approved budget
815 for the department for the ensuing fiscal year together with the
816 roll forwards. The adopted work program may include only those
817 projects submitted as part of the tentative work program
818 developed under the provisions of subsection (4), plus any
819 projects that which are separately identified by specific
820 appropriation in the General Appropriations Act and any roll
821 forwards approved pursuant to paragraph (6)(c). However, any
822 transportation project of the department which is identified by
823 specific appropriation in the General Appropriations Act shall
824 be deducted from the funds annually distributed to the
825 respective district pursuant to paragraph (4)(a). In addition,
826 the department may shall not in any year include any project or
827 allocate funds to a program in the adopted work program that is
828 contrary to existing law for that particular year. Projects may
829 shall not be undertaken unless they are listed in the adopted
830 work program.
831 (b) Notwithstanding paragraph (a), and for the 2014-2015
832 fiscal year only, the Department of Transportation may use
833 appropriated funds to support the establishment of a statewide
834 system of interconnected multiuse trails and to pay the costs of
835 planning, land acquisition, design, and construction of such
836 trails and related facilities. Funds specifically appropriated
837 for this purpose may not reduce, delete, or defer any existing
838 projects funded as of July 1, 2014, in the Department of
839 Transportation 5-year work program. This paragraph expires July
840 1, 2015.
841 Section 29. In order to implement Specific Appropriation
842 1913 of the 2014-2015 General Appropriations Act, subsections
843 (4) and (5) are added to section 335.065, Florida Statutes, to
844 read:
845 335.065 Bicycle and pedestrian ways along state roads and
846 transportation facilities.—
847 (4) The department may use appropriated funds to support
848 the establishment of a statewide system of interconnected
849 multiuse trails and to pay the costs of planning, land
850 acquisition, design, and construction of such trails and related
851 facilities. The department shall give funding priority to
852 projects that:
853 (a) Are identified by the Florida Greenways and Trails
854 Council as priorities within the Florida Greenways and Trails
855 System pursuant to chapter 260.
856 (b) Support the transportation needs of bicyclists and
857 pedestrians.
858 (c) Have national, statewide, or regional importance.
859 (d) Facilitate an interconnected system of trails by
860 completing gaps in existing trails.
861 (5) A project funded under subsection (4) shall:
862 (a) Be included in the department’s work program developed
863 pursuant to s. 339.135.
864 (b) Be operated and maintained by an entity other than the
865 department upon completion of construction. The department is
866 not obligated to provide funds for the operation and maintenance
867 of the project.
868
869 This subsection expires July 1, 2015.
870 Section 30. In order to implement Specific Appropriation
871 1913 of the 2014-2015 General Appropriations Act, and
872 notwithstanding s. 339.135(6)(c), Florida Statutes, the
873 unobligated funds appropriated for transportation and economic
874 development projects in Specific Appropriation 1891, Chapter
875 2013-40, Laws of Florida, shall revert immediately. For the
876 purposes of this section, the term “unobligated funds” does not
877 include funding for projects for which grant agreements have
878 been executed for specific transportation economic development
879 projects.
880 Section 31. In order to implement the appropriation of
881 funds in the contracted services and expense categories of the
882 2014-2015 General Appropriations Act, no state agency may
883 initiate a competitive solicitation for a product or service if
884 the completion of such competitive solicitation would:
885 (1) Require a change in law; or
886 (2) Require a change to the agency’s budget other than a
887 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
888 unless the initiation of such competitive solicitation is
889 specifically authorized in law, in the General Appropriations
890 Act, or by the Legislative Budget Commission.
891
892 This section does not apply to a competitive solicitation for
893 which the agency head certifies that a valid emergency exists.
894 This section expires July 1, 2015.
895 Section 32. In order to implement the appropriation of
896 funds in the appropriation category “Special Categories-Risk
897 Management Insurance” in the 2014-2015 General Appropriations
898 Act, and pursuant to the notice, review, and objection
899 procedures of s. 216.177, Florida Statutes, the Executive Office
900 of the Governor may transfer funds appropriated in that category
901 between departments in order to align the budget authority
902 granted with the premiums paid by each department for risk
903 management insurance. This section expires July 1, 2015.
904 Section 33. In order to implement the appropriation of
905 funds in the appropriation category “Special Categories-Transfer
906 to Department of Management Services-Human Resources Services
907 Purchased per Statewide Contract” in the 2014-2015 General
908 Appropriations Act, and pursuant to the notice, review, and
909 objection procedures of s. 216.177, Florida Statutes, the
910 Executive Office of the Governor may transfer funds appropriated
911 in that category between departments in order to align the
912 budget authority granted with the assessments that must be paid
913 by each agency to the Department of Management Services for
914 human resource management services. This section expires July 1,
915 2015.
916 Section 34. In order to implement appropriations for
917 salaries and benefits in the 2014-2015 General Appropriations
918 Act, subsection (6) of section 112.24, Florida Statutes, is
919 amended to read:
920 112.24 Intergovernmental interchange of public employees.
921 To encourage economical and effective utilization of public
922 employees in this state, the temporary assignment of employees
923 among agencies of government, both state and local, and
924 including school districts and public institutions of higher
925 education is authorized under terms and conditions set forth in
926 this section. State agencies, municipalities, and political
927 subdivisions are authorized to enter into employee interchange
928 agreements with other state agencies, the Federal Government,
929 another state, a municipality, or a political subdivision
930 including a school district, or with a public institution of
931 higher education. State agencies are also authorized to enter
932 into employee interchange agreements with private institutions
933 of higher education and other nonprofit organizations under the
934 terms and conditions provided in this section. In addition, the
935 Governor or the Governor and Cabinet may enter into employee
936 interchange agreements with a state agency, the Federal
937 Government, another state, a municipality, or a political
938 subdivision including a school district, or with a public
939 institution of higher learning to fill, subject to the
940 requirements of chapter 20, appointive offices which are within
941 the executive branch of government and which are filled by
942 appointment by the Governor or the Governor and Cabinet. Under
943 no circumstances shall employee interchange agreements be
944 utilized for the purpose of assigning individuals to participate
945 in political campaigns. Duties and responsibilities of
946 interchange employees shall be limited to the mission and goals
947 of the agencies of government.
948 (6) For the 2014-2015 2013-2014 fiscal year only, the
949 assignment of an employee of a state agency as provided in this
950 section may be made if recommended by the Governor or Chief
951 Justice, as appropriate, and approved by the chairs of the
952 legislative appropriations committees. Such actions shall be
953 deemed approved if neither chair provides written notice of
954 objection within 14 days after receiving notice of the action
955 pursuant to s. 216.177. This subsection expires July 1, 2015
956 2014.
957 Section 35. In order to implement Specific Appropriations
958 2674 and 2675 of the 2014-2015 General Appropriations Act and
959 notwithstanding s. 11.13(1), Florida Statutes, the authorized
960 salaries for members of the Legislature for the 2014-2015 fiscal
961 year shall be set at the same level in effect on July 1, 2010.
962 This section expires July 1, 2015.
963 Section 36. In order to implement the transfer of funds to
964 the General Revenue Fund from trust funds in the 2014-2015
965 General Appropriations Act, paragraph (b) of subsection (2) of
966 section 215.32, Florida Statutes, is reenacted to read:
967 215.32 State funds; segregation.—
968 (2) The source and use of each of these funds shall be as
969 follows:
970 (b)1. The trust funds shall consist of moneys received by
971 the state which under law or under trust agreement are
972 segregated for a purpose authorized by law. The state agency or
973 branch of state government receiving or collecting such moneys
974 is responsible for their proper expenditure as provided by law.
975 Upon the request of the state agency or branch of state
976 government responsible for the administration of the trust fund,
977 the Chief Financial Officer may establish accounts within the
978 trust fund at a level considered necessary for proper
979 accountability. Once an account is established, the Chief
980 Financial Officer may authorize payment from that account only
981 upon determining that there is sufficient cash and releases at
982 the level of the account.
983 2. In addition to other trust funds created by law, to the
984 extent possible, each agency shall use the following trust funds
985 as described in this subparagraph for day-to-day operations:
986 a. Operations or operating trust fund, for use as a
987 depository for funds to be used for program operations funded by
988 program revenues, with the exception of administrative
989 activities when the operations or operating trust fund is a
990 proprietary fund.
991 b. Operations and maintenance trust fund, for use as a
992 depository for client services funded by third-party payors.
993 c. Administrative trust fund, for use as a depository for
994 funds to be used for management activities that are departmental
995 in nature and funded by indirect cost earnings and assessments
996 against trust funds. Proprietary funds are excluded from the
997 requirement of using an administrative trust fund.
998 d. Grants and donations trust fund, for use as a depository
999 for funds to be used for allowable grant or donor agreement
1000 activities funded by restricted contractual revenue from private
1001 and public nonfederal sources.
1002 e. Agency working capital trust fund, for use as a
1003 depository for funds to be used pursuant to s. 216.272.
1004 f. Clearing funds trust fund, for use as a depository for
1005 funds to account for collections pending distribution to lawful
1006 recipients.
1007 g. Federal grant trust fund, for use as a depository for
1008 funds to be used for allowable grant activities funded by
1009 restricted program revenues from federal sources.
1010
1011 To the extent possible, each agency must adjust its internal
1012 accounting to use existing trust funds consistent with the
1013 requirements of this subparagraph. If an agency does not have
1014 trust funds listed in this subparagraph and cannot make such
1015 adjustment, the agency must recommend the creation of the
1016 necessary trust funds to the Legislature no later than the next
1017 scheduled review of the agency’s trust funds pursuant to s.
1018 215.3206.
1019 3. All such moneys are hereby appropriated to be expended
1020 in accordance with the law or trust agreement under which they
1021 were received, subject always to the provisions of chapter 216
1022 relating to the appropriation of funds and to the applicable
1023 laws relating to the deposit or expenditure of moneys in the
1024 State Treasury.
1025 4.a. Notwithstanding any provision of law restricting the
1026 use of trust funds to specific purposes, unappropriated cash
1027 balances from selected trust funds may be authorized by the
1028 Legislature for transfer to the Budget Stabilization Fund and
1029 General Revenue Fund in the General Appropriations Act.
1030 b. This subparagraph does not apply to trust funds required
1031 by federal programs or mandates; trust funds established for
1032 bond covenants, indentures, or resolutions whose revenues are
1033 legally pledged by the state or public body to meet debt service
1034 or other financial requirements of any debt obligations of the
1035 state or any public body; the Division of Licensing Trust Fund
1036 in the Department of Agriculture and Consumer Services; the
1037 State Transportation Trust Fund; the trust fund containing the
1038 net annual proceeds from the Florida Education Lotteries; the
1039 Florida Retirement System Trust Fund; trust funds under the
1040 management of the State Board of Education or the Board of
1041 Governors of the State University System, where such trust funds
1042 are for auxiliary enterprises, self-insurance, and contracts,
1043 grants, and donations, as those terms are defined by general
1044 law; trust funds that serve as clearing funds or accounts for
1045 the Chief Financial Officer or state agencies; trust funds that
1046 account for assets held by the state in a trustee capacity as an
1047 agent or fiduciary for individuals, private organizations, or
1048 other governmental units; and other trust funds authorized by
1049 the State Constitution.
1050 Section 37. The amendment to s. 215.32(2)(b), Florida
1051 Statutes, as carried forward by this act from chapter 2011-47,
1052 Laws of Florida, expires July 1, 2015, and the text of that
1053 paragraph shall revert to that in existence on June 30, 2011,
1054 except that any amendments to such text enacted other than by
1055 this act shall be preserved and continue to operate to the
1056 extent that such amendments are not dependent upon the portions
1057 of text which expire pursuant to this section.
1058 Section 38. In order to implement the issuance of new debt
1059 authorized in the 2014-2015 General Appropriations Act, and
1060 pursuant to s. 215.98, Florida Statutes, the Legislature
1061 determines that the authorization and issuance of debt for the
1062 2014-2015 fiscal year should be implemented, is in the best
1063 interest of the state, and is necessary to address a critical
1064 state emergency. This section expires July 1, 2015.
1065 Section 39. In order to implement appropriations in the
1066 2014-2015 General Appropriations Act for state employee travel,
1067 the funds appropriated to each state agency, which may be used
1068 for travel by state employees, shall be limited during the 2014
1069 2015 fiscal year to travel for activities that are critical to
1070 each state agency’s mission. Funds may not be used for travel by
1071 state employees to foreign countries, other states, conferences,
1072 staff-training activities, or other administrative functions
1073 unless the agency head has approved, in writing, that such
1074 activities are critical to the agency’s mission. The agency head
1075 shall consider using teleconferencing and other forms of
1076 electronic communication to meet the needs of the proposed
1077 activity before approving mission-critical travel. This section
1078 does not apply to travel for law enforcement purposes, military
1079 purposes, emergency management activities, or public health
1080 activities. This section expires July 1, 2015.
1081 Section 40. In order to implement appropriations authorized
1082 in the 2014-2015 General Appropriations Act for data center
1083 services scheduled for consolidation in the 2014-2015 fiscal
1084 year, and pursuant to the notice, review, and objection
1085 procedures of s. 216.177, Florida Statutes, the consolidating
1086 agencies may request the transfer of resources between Data
1087 Processing Services appropriation categories and the
1088 appropriation categories for operations based upon changes to
1089 the consolidation schedule. This section expires July 1, 2015.
1090 Section 41. In order to implement appropriations authorized
1091 in the 2014-2015 General Appropriations Act for each of the
1092 state’s designated primary data centers funded from the data
1093 processing appropriation category for computing services of user
1094 agencies, and pursuant to the notice, review, and objection
1095 procedures of s. 216.177, Florida Statutes, the Executive Office
1096 of the Governor may transfer funds appropriated for data
1097 processing in the 2014-2015 General Appropriations Act between
1098 agencies in order to align the budget authority granted with the
1099 utilization rate of each department. This section expires July
1100 1, 2015.
1101 Section 42. In order to implement appropriations authorized
1102 in the 2014-2015 General Appropriations Act for data center
1103 services, and notwithstanding s. 216.292(2)(a), Florida
1104 Statutes, except as authorized in sections 40 and 41 of this
1105 act, no agency may transfer funds from a data processing
1106 category to a category other than another data processing
1107 category. This section expires July 1, 2015.
1108 Section 43. In order to implement section 8 of the 2014
1109 2015 General Appropriations Act, paragraph (b) of subsection (2)
1110 of section 110.12315, Florida Statutes, is reenacted, and
1111 paragraph (a) of subsection (7) of that section is reenacted and
1112 amended, to read:
1113 110.12315 Prescription drug program.—The state employees’
1114 prescription drug program is established. This program shall be
1115 administered by the Department of Management Services, according
1116 to the terms and conditions of the plan as established by the
1117 relevant provisions of the annual General Appropriations Act and
1118 implementing legislation, subject to the following conditions:
1119 (2) In providing for reimbursement of pharmacies for
1120 prescription medicines dispensed to members of the state group
1121 health insurance plan and their dependents under the state
1122 employees’ prescription drug program:
1123 (b) There shall be a 30-day supply limit for prescription
1124 card purchases and 90-day supply limit for mail order or mail
1125 order prescription drug purchases. The Department of Management
1126 Services may implement a 90-day supply limit program for certain
1127 maintenance drugs as determined by the department at retail
1128 pharmacies participating in the program if the department
1129 determines it to be in the best financial interest of the state.
1130 (7) Under the state employees’ prescription drug program
1131 copayments must be made as follows:
1132 (a) Effective January 1, 2014 2013, for the State Group
1133 Health Insurance Standard Plan:
1134 1. For generic drug with card $7.
1135 2. For preferred brand name drug with card $30.
1136 3. For nonpreferred brand name drug with card $50.
1137 4. For generic mail order drug $14.
1138 5. For preferred brand name mail order drug $60.
1139 6. For nonpreferred brand name mail order drug $100.
1140 Section 44. (1) The amendment to s. 110.12315(2)(b),
1141 Florida Statutes, as carried forward by this act from chapter
1142 2013-41, Laws of Florida, expires July 1, 2015, and the text of
1143 that paragraph shall revert to that in existence on June 30,
1144 2012, except that any amendments to such text enacted other than
1145 by this act shall be preserved and continue to operate to the
1146 extent that such amendments are not dependent upon the portions
1147 of text which expire pursuant to this section.
1148 (2) The amendment to s. 110.12315(7)(a), Florida Statutes,
1149 as carried forward by this act from chapter 2013-41, Laws of
1150 Florida, expires July 1, 2015, and the text of that paragraph
1151 shall revert to that in existence on December 31, 2010, except
1152 that any amendments to such text enacted other than by this act
1153 shall be preserved and continue to operate to the extent that
1154 such amendments are not dependent upon the portions of text
1155 which expire pursuant to this section.
1156 Section 45. Any section of this act which implements a
1157 specific appropriation or specifically identified proviso
1158 language in the 2014-2015 General Appropriations Act is void if
1159 the specific appropriation or specifically identified proviso
1160 language is vetoed. Any section of this act which implements
1161 more than one specific appropriation or more than one portion of
1162 specifically identified proviso language in the 2014-2015
1163 General Appropriations Act is void if all the specific
1164 appropriations or portions of specifically identified proviso
1165 language are vetoed.
1166 Section 46. If any other act passed during the 2014 Regular
1167 Session contains a provision that is substantively the same as a
1168 provision in this act, but that removes or is otherwise not
1169 subject to the future repeal applied to such provision by this
1170 act, the Legislature intends that the provision in the other act
1171 takes precedence and continues to operate, notwithstanding the
1172 future repeal provided by this act.
1173 Section 47. If any provision of this act or its application
1174 to any person or circumstance is held invalid, the invalidity
1175 does not affect other provisions or applications of the act
1176 which can be given effect without the invalid provision or
1177 application, and to this end the provisions of this act are
1178 severable.
1179 Section 48. Except as otherwise expressly provided in this
1180 act and except for this section, which shall take effect upon
1181 this act becoming a law, this act shall take effect July 1,
1182 2014; or, if this act fails to become a law until after that
1183 date, it shall take effect upon becoming a law and operate
1184 retroactively to July 1, 2014.
