Florida Senate - 2015 (PROPOSED BILL) SPB 2502
FOR CONSIDERATION By the Committee on Appropriations
576-01908D-15 20152502pb
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 Legislature; reenacting s.
99 624.502, F.S., relating to the deposit of fees for
100 service of process made upon the Chief Financial
101 Officer or Office of Insurance Regulation; providing
102 for deposit of such fees into the Administrative Trust
103 Fund rather than the Insurance Regulatory Trust Fund;
104 authorizing the Agency for Persons with Disabilities,
105 the Department of Agriculture and Consumer Services,
106 the Department of Environmental Protection, the Fish
107 and Wildlife Commission, and the Department of State
108 to submit a budget amendment to realign funding, to
109 increase certain budget authority from trust funds, or
110 to transfer trust funds in order to implement
111 specified law; amending s. 403.7095, F.S.; requiring
112 the Department of Environmental Protection to award a
113 specified amount in grants to certain small counties
114 for waste tire and litter prevention, recycling
115 education, and solid waste programs; amending s.
116 259.105, F.S.; providing that certain funds in the
117 Florida Forever Trust Fund shall be distributed to
118 Division of State Lands within the Department of
119 Environmental Protection for the Board of Trustees
120 Florida Forever Priority List land acquisition
121 project; authorizing certain funds in the Florida
122 Forever Trust Fund to be provided to the water
123 management districts for certain land acquisitions;
124 amending s. 216.181, F.S.; authorizing the Legislative
125 Budget Commission to increase amounts appropriated to
126 the Fish and Wildlife Conservation Commission or the
127 Department of Environmental Protection for fixed
128 capital outlay projects; providing direction to
129 agencies for submitting budget amendments; amending s.
130 215.18, F.S.; authorizing the Governor, if there is a
131 specified deficiency in the Land Acquisition Trust
132 Fund in the Department of Environmental Protection, to
133 transfer funds from other trust funds in the State
134 Treasury as a temporary loan to the Land Acquisition
135 Trust Fund; providing procedures for such transfer and
136 the repayment of the loan; providing a legislative
137 determination that the repayment of the temporary loan
138 is a constitutionally allowable use of such moneys;
139 amending s. 376.307, F.S.; authorizing moneys in the
140 Water Quality Assurance Trust Fund to be used for the
141 payment of debt service on, or to fund other amounts
142 payable with respect to, certain bonds issued before a
143 specified date by the South Florida Water Management
144 District and St. Johns River Water Management
145 District; authorizing the Department of Highway Safety
146 and Motor Vehicles to extend its existing contract for
147 driver license equipment and consumables under
148 specified circumstances; amending s. 339.135, F.S.;
149 requiring the Department of Transportation to use
150 appropriated funds to support the establishment of a
151 statewide system of interconnected multiuse trails and
152 related facilities; prohibiting these funds from
153 causing the deferral, deletion, or reduction of other
154 funded existing projects; reenacting s. 341.302(10),
155 F.S., relating to the rail program; revising
156 provisions related to the Department of
157 Transportation’s responsibilities for requiring and
158 administering quiet zones as part of the statewide
159 rail program; amending s. 339.2816, F.S.; authorizing
160 certain funds from the State Transportation Trust Fund
161 to be used for the Small County Road Assistance
162 Program; reenacting s. 216.292(2)(a), F.S., relating
163 to exceptions for nontransferable appropriations;
164 removing a restriction on the type of review a
165 legislative appropriations committee may make when
166 reviewing certain notices of proposed transfers by
167 state agencies; prohibiting a state agency from
168 initiating a competitive solicitation for a product or
169 service under certain circumstances; authorizing the
170 Executive Office of the Governor to transfer funds
171 between departments for purposes of aligning amounts
172 paid for risk management premiums and aligning amounts
173 paid for human resource management services; amending
174 s. 112.24, F.S.; providing conditions on the
175 assignment of an employee of a state agency under an
176 employee interchange agreement; providing that the
177 annual salaries of the members of the Legislature
178 shall be maintained at a specified level; reenacting
179 s. 215.32(2)(b), F.S., relating to the source and use
180 of certain trust funds; authorizing the transfer of
181 unappropriated cash balances to the general revenue or
182 budget stabilization funds from certain trust funds;
183 providing a legislative determination that the
184 issuance of new debt is in the best interests of the
185 state; limiting the use of travel funds to activities
186 that are critical to an agency’s mission; providing
187 exceptions; authorizing the Executive Office of the
188 Governor to transfer funds for use by the state’s
189 designated primary data centers; prohibiting an agency
190 from transferring funds from a data processing
191 category to another category that is not a data
192 processing category; authorizing the Executive Office
193 of the Governor to transfer funds between agencies in
194 order to allocate a reduction relating to SUNCOM
195 Network services; reenacting s. 110.12315, F.S.,
196 relating to the state employees’ prescription drug
197 program; requiring a 90-day supply limit for
198 maintenance prescription drug purchases; requiring the
199 Department of Management Services to negotiate the
200 pharmacy dispensing fee; revising pharmacy
201 reimbursement rates; requiring the department to
202 maintain the preferred brand name drug list and
203 maintenance drug list; revising the copayment amounts
204 for the state employees’ prescription drug program;
205 specifying the requirements for filling certain types
206 of prescriptions; revising prescription drug copayment
207 amounts; providing for the effect of a veto of one or
208 more specific appropriations or proviso to which
209 implementing language refers; providing for the
210 continued operation of certain provisions
211 notwithstanding a future repeal or expiration provided
212 by this act; providing severability; providing
213 effective dates.
214
215 Be It Enacted by the Legislature of the State of Florida:
216
217 Section 1. It is the intent of the Legislature that the
218 implementing and administering provisions of this act apply to
219 the General Appropriations Act for the 2015-2016 fiscal year.
220 Section 2. In order to implement Specific Appropriations 7,
221 8, 9, 90, and 91 of the 2015-2016 General Appropriations Act,
222 the calculations of the Florida Education Finance Program for
223 the 2015-2016 fiscal year in the document titled “Public School
224 Funding-The Florida Education Finance Program,” dated March ,
225 2015, and filed with the Secretary of the Senate, are
226 incorporated by reference for the purpose of displaying the
227 calculations used by the Legislature, consistent with the
228 requirements of state law, in making appropriations for the
229 Florida Education Finance Program. This section expires July 1,
230 2016.
231 Section 3. In order to implement Specific Appropriations 7
232 and 90 of the 2015-2016 General Appropriations Act and
233 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
234 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
235 expenditure of funds provided for instructional materials, for
236 the 2015-2016 fiscal year, funds provided for instructional
237 materials shall be released and expended as required in the
238 proviso language for Specific Appropriation 90 of the 2015-2016
239 General Appropriations Act. This section expires July 1, 2016.
240 Section 4. In order to implement Specific Appropriation 18
241 of the 2015-2016 General Appropriations Act, paragraph (a) of
242 subsection (1) of section 1013.64, Florida Statutes, is amended
243 to read:
244 1013.64 Funds for comprehensive educational plant needs;
245 construction cost maximums for school district capital
246 projects.—Allocations from the Public Education Capital Outlay
247 and Debt Service Trust Fund to the various boards for capital
248 outlay projects shall be determined as follows:
249 (1)(a)1. Funds for remodeling, renovation, maintenance,
250 repairs, and site improvement for existing satisfactory
251 facilities shall be given priority consideration by the
252 Legislature for appropriations allocated to the boards from the
253 total amount of the Public Education Capital Outlay and Debt
254 Service Trust Fund appropriated. These funds shall be calculated
255 pursuant to the following basic formula: the building value
256 times the building age over the sum of the years’ digits
257 assuming a 50-year building life. For modular noncombustible
258 facilities, a 35-year life shall be used, and for relocatable
259 facilities, a 20-year life shall be used. “Building value” is
260 calculated by multiplying each building’s total assignable
261 square feet times the appropriate net-to-gross conversion rate
262 found in state board rules and that product times the current
263 average new construction cost. “Building age” is calculated by
264 multiplying the prior year’s building age times 1 minus the
265 prior year’s sum received from this subsection divided by the
266 prior year’s building value. To the net result shall be added
267 the number 1. Each board shall receive the percentage generated
268 by the preceding formula of the total amount appropriated for
269 the purposes of this section.
270 2. Notwithstanding subparagraph 1., and for the 2015-2016
271 2014-2015 fiscal year only, funds appropriated for remodeling,
272 renovation, maintenance, repairs, and site improvement for
273 existing satisfactory facilities shall be allocated by prorating
274 the total appropriation based on each school district’s share of
275 the 2014-2015 2013-2014 reported fixed capital outlay full-time
276 equivalent student. This subparagraph expires July 1, 2016 2015.
277 Section 5. In order to implement Specific Appropriation 22
278 of the 2015-2016 General Appropriations Act and notwithstanding
279 s. 1013.64(2), Florida Statutes, any district school board that
280 generates less than $1 million in revenue from a 1-mill levy of
281 ad valorem tax shall contribute 0.75 mills for fiscal year 2015
282 2016 toward the cost of funded special facilities construction
283 projects. This section expires July 1, 2016.
284 Section 6. In order to implement Specific Appropriations 7
285 and 90 of the 2015-2016 General Appropriations Act, paragraphs
286 (f) and (o) of subsection (1), paragraph (a) of subsection (4),
287 subsection (5), paragraph (b) of subsection (7), paragraph (a)
288 of subsection (9), subsection (11), and present subsection (13)
289 of section 1011.62, Florida Statutes, are amended, present
290 subsections (13), (14), and (15) of that section are
291 redesignated as subsections (14), (15), and (16), respectively,
292 and a new subsection (13) is added to that section, to read:
293 1011.62 Funds for operation of schools.—If the annual
294 allocation from the Florida Education Finance Program to each
295 district for operation of schools is not determined in the
296 annual appropriations act or the substantive bill implementing
297 the annual appropriations act, it shall be determined as
298 follows:
299 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
300 OPERATION.—The following procedure shall be followed in
301 determining the annual allocation to each district for
302 operation:
303 (f) Supplemental academic instruction; categorical fund.—
304 1. There is created a categorical fund to provide
305 supplemental academic instruction to students in kindergarten
306 through grade 12. This paragraph may be cited as the
307 “Supplemental Academic Instruction Categorical Fund.”
308 2. Categorical funds for supplemental academic instruction
309 shall be allocated annually to each school district in the
310 amount provided in the General Appropriations Act. These funds
311 shall be in addition to the funds appropriated on the basis of
312 FTE student membership in the Florida Education Finance Program
313 and shall be included in the total potential funds of each
314 district. These funds shall be used to provide supplemental
315 academic instruction to students enrolled in the K-12 program.
316 For the 2014-2015 and 2015-2016 fiscal years year, each school
317 district that has one or more of the 300 lowest-performing
318 elementary schools based on the state reading assessment shall
319 use these funds, together with the funds provided in the
320 district’s research-based reading instruction allocation and
321 other available funds, to provide an additional hour of
322 instruction beyond the normal school day for each day of the
323 entire school year, and to provide the equivalent hours of
324 instruction in a summer program, for intensive reading
325 instruction for the students in each of these schools. If a
326 participating school is no longer classified as one of the 300
327 lowest-performing elementary schools in the subsequent year, the
328 school must continue to provide the additional hour of intensive
329 reading instruction to all students who have Level 1 or Level 2
330 reading assessment scores. This additional hour of instruction
331 must be provided by teachers or reading specialists who are
332 effective in teaching reading or by a K-5 mentoring reading
333 program that is supervised by a teacher who is effective at
334 teaching reading. Students enrolled in these schools who have
335 level 5 assessment scores may participate in the additional hour
336 of instruction on an optional basis. Exceptional student
337 education centers may shall not be included in the 300 schools.
338 After this requirement has been met, supplemental instruction
339 strategies may include, but are not limited to: modified
340 curriculum, reading instruction, after-school instruction,
341 tutoring, mentoring, class size reduction, extended school year,
342 intensive skills development in summer school, and other methods
343 for improving student achievement. Supplemental instruction may
344 be provided to a student in any manner and at any time during or
345 beyond the regular 180-day term identified by the school as
346 being the most effective and efficient way to best help that
347 student progress from grade to grade and to graduate.
348 3. Effective with the 1999-2000 fiscal year, funding on the
349 basis of FTE membership beyond the 180-day regular term shall be
350 provided in the FEFP only for students enrolled in juvenile
351 justice education programs or in education programs for
352 juveniles placed in secure facilities or programs under s.
353 985.19. Funding for instruction beyond the regular 180-day
354 school year for all other K-12 students shall be provided
355 through the supplemental academic instruction categorical fund
356 and other state, federal, and local fund sources with ample
357 flexibility for schools to provide supplemental instruction to
358 assist students in progressing from grade to grade and
359 graduating.
360 4. The Florida State University School, as a lab school, is
361 authorized to expend from its FEFP or Lottery Enhancement Trust
362 Fund allocation the cost to the student of remediation in
363 reading, writing, or mathematics for any graduate who requires
364 remediation at a postsecondary educational institution.
365 5. Beginning in the 1999-2000 school year, dropout
366 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
367 (b), and (c), and 1003.54 shall be included in group 1 programs
368 under subparagraph (d)3.
369 (o) Calculation of additional full-time equivalent
370 membership based on successful completion of a career-themed
371 course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
372 courses with embedded CAPE industry certifications or CAPE
373 Digital Tool certificates, and issuance of industry
374 certification identified on the CAPE Industry Certification
375 Funding List pursuant to rules adopted by the State Board of
376 Education or CAPE Digital Tool certificates pursuant to s.
377 1003.4203.—
378 1.a. A value of 0.025 full-time equivalent student
379 membership shall be calculated for CAPE Digital Tool
380 certificates earned by students in elementary and middle school
381 grades.
382 b. A value of 0.1 or 0.2 full-time equivalent student
383 membership shall be calculated for each student who completes a
384 course as defined in s. 1003.493(1)(b) or courses with embedded
385 CAPE industry certifications and who is issued an industry
386 certification identified annually on the CAPE Industry
387 Certification Funding List approved under rules adopted by the
388 State Board of Education. A value of 0.2 full-time equivalent
389 membership shall be calculated for each student who is issued a
390 CAPE industry certification that has a statewide articulation
391 agreement for college credit approved by the State Board of
392 Education. For CAPE industry certifications that do not
393 articulate for college credit, the Department of Education shall
394 assign a full-time equivalent value of 0.1 for each
395 certification. Middle grades students who earn additional FTE
396 membership for a CAPE Digital Tool certificate pursuant to sub
397 subparagraph a. may not use the previously funded examination to
398 satisfy the requirements for earning an industry certification
399 under this sub-subparagraph. Additional FTE membership for an
400 elementary or middle grades student may shall not exceed 0.1 for
401 certificates or certifications earned within the same fiscal
402 year. The State Board of Education shall include the assigned
403 values on the CAPE Industry Certification Funding List under
404 rules adopted by the state board. Such value shall be added to
405 the total full-time equivalent student membership for grades 6
406 through 12 in the subsequent year for courses that were not
407 provided through dual enrollment. CAPE industry certifications
408 earned through dual enrollment must be reported and funded
409 pursuant to s. 1011.80. However, if a student earns a
410 certification through a dual enrollment course and the
411 certification is not a fundable certification on the
412 postsecondary certification funding list, or the dual enrollment
413 certification is earned as a result of an agreement between a
414 school district and a nonpublic postsecondary institution, the
415 bonus value shall be funded in the same manner as for other
416 nondual enrollment course industry certifications. In such
417 cases, the school district may provide for an agreement between
418 the high school and the technical center, or the school district
419 and the postsecondary institution may enter into an agreement
420 for equitable distribution of the bonus funds.
421 c. A value of 0.3 full-time equivalent student membership
422 shall be calculated for student completion of the courses and
423 the embedded certifications identified on the CAPE Industry
424 Certification Funding List and approved by the commissioner
425 pursuant to ss. 1003.4203(5)(a) and 1008.44.
426 d. A value of 0.5 full-time equivalent student membership
427 shall be calculated for CAPE Acceleration Industry
428 Certifications that articulate for 15 to 29 college credit
429 hours, and 1.0 full-time equivalent student membership shall be
430 calculated for CAPE Acceleration Industry Certifications that
431 articulate for 30 or more college credit hours pursuant to CAPE
432 Acceleration Industry Certifications approved by the
433 commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
434 2. Each district must allocate at least 80 percent of the
435 funds provided for CAPE industry certification, in accordance
436 with this paragraph, to the program that generated the funds.
437 This allocation may not be used to supplant funds provided for
438 basic operation of the program.
439 3. For CAPE industry certifications earned in the 2013-2014
440 school year and in subsequent years, the school district shall
441 distribute to each classroom teacher who provided direct
442 instruction toward the attainment of a CAPE industry
443 certification that qualified for additional full-time equivalent
444 membership under subparagraph 1.:
445 a. A bonus in the amount of $25 for each student taught by
446 a teacher who provided instruction in a course that led to the
447 attainment of a CAPE industry certification on the CAPE Industry
448 Certification Funding List with a weight of 0.1.
449 b. A bonus in the amount of $50 for each student taught by
450 a teacher who provided instruction in a course that led to the
451 attainment of a CAPE industry certification on the CAPE Industry
452 Certification Funding List with a weight of 0.2, 0.3, 0.5, and
453 1.0.
454 c. A bonus of $75 for each student taught by a teacher who
455 provided instruction in a course that led to the attainment of a
456 CAPE industry certification on the CAPE Industry Certification
457 Funding List with a weight of 0.3.
458 d. A bonus of $100 for each student taught by a teacher who
459 provided instruction in a course that led to the attainment of a
460 CAPE industry certification on the CAPE Industry Certification
461 Funding List with a weight of 0.5 or 1.0.
462
463 Bonuses awarded pursuant to this paragraph shall be provided to
464 teachers who are employed by the district in the year in which
465 the additional FTE membership calculation is included in the
466 calculation. Bonuses shall be calculated based upon the
467 associated weight of a CAPE industry certification on the CAPE
468 Industry Certification Funding List for the year in which the
469 certification is earned by the student. In a single school year,
470 a Any bonus awarded to a teacher under sub-subparagraph 3.a. or
471 sub-subparagraph 3.b. this paragraph may not exceed $2,000 or
472 under sub-subparagraph 3.c. or sub-subparagraph 3.d. may not
473 exceed $4,000. The maximum bonus that may be awarded to a
474 teacher under this paragraph is $4,000 in a single school year.
475 This bonus in any given school year and is in addition to any
476 regular wage or other bonus the teacher received or is scheduled
477 to receive.
478 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
479 Legislature shall prescribe the aggregate required local effort
480 for all school districts collectively as an item in the General
481 Appropriations Act for each fiscal year. The amount that each
482 district shall provide annually toward the cost of the Florida
483 Education Finance Program for kindergarten through grade 12
484 programs shall be calculated as follows:
485 (a) Estimated taxable value calculations.—
486 1.a. Not later than 2 working days prior to July 19, the
487 Department of Revenue shall certify to the Commissioner of
488 Education its most recent estimate of the taxable value for
489 school purposes in each school district and the total for all
490 school districts in the state for the current calendar year
491 based on the latest available data obtained from the local
492 property appraisers. The value certified shall be the taxable
493 value for school purposes for that year, and no further
494 adjustments shall be made, except those made pursuant to
495 paragraphs (c) and (d), or an assessment roll change required by
496 final judicial decisions as specified in paragraph (15)(b)
497 (14)(b). Not later than July 19, the Commissioner of Education
498 shall compute a millage rate, rounded to the next highest one
499 one-thousandth of a mill, which, when applied to 96 percent of
500 the estimated state total taxable value for school purposes,
501 would generate the prescribed aggregate required local effort
502 for that year for all districts. The Commissioner of Education
503 shall certify to each district school board the millage rate,
504 computed as prescribed in this subparagraph, as the minimum
505 millage rate necessary to provide the district required local
506 effort for that year.
507 b. The General Appropriations Act shall direct the
508 computation of the statewide adjusted aggregate amount for
509 required local effort for all school districts collectively from
510 ad valorem taxes to ensure that no school district’s revenue
511 from required local effort millage will produce more than 90
512 percent of the district’s total Florida Education Finance
513 Program calculation as calculated and adopted by the
514 Legislature, and the adjustment of the required local effort
515 millage rate of each district that produces more than 90 percent
516 of its total Florida Education Finance Program entitlement to a
517 level that will produce only 90 percent of its total Florida
518 Education Finance Program entitlement in the July calculation.
519 2. On the same date as the certification in sub
520 subparagraph 1.a., the Department of Revenue shall certify to
521 the Commissioner of Education for each district:
522 a. Each year for which the property appraiser has certified
523 the taxable value pursuant to s. 193.122(2) or (3), if
524 applicable, since the prior certification under sub-subparagraph
525 1.a.
526 b. For each year identified in sub-subparagraph a., the
527 taxable value certified by the appraiser pursuant to s.
528 193.122(2) or (3), if applicable, since the prior certification
529 under sub-subparagraph 1.a. This is the certification that
530 reflects all final administrative actions of the value
531 adjustment board.
532 (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
533 Legislature shall prescribe in the General Appropriations Act,
534 pursuant to s. 1011.71(1), the rate of nonvoted current
535 operating discretionary millage that shall be used to calculate
536 a discretionary millage compression supplement. If the
537 prescribed millage generates an amount of funds per unweighted
538 FTE for the district that is less than 105 percent of the state
539 average, the district shall receive an amount per FTE that, when
540 added to the funds per FTE generated by the designated levy,
541 shall equal 105 percent of the state average.
542 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
543 (b) The district sparsity index shall be computed by
544 dividing the total number of full-time equivalent students in
545 all programs in the district by the number of senior high school
546 centers in the district, not in excess of three, which centers
547 are approved as permanent centers by a survey made by the
548 Department of Education. For districts with a full-time
549 equivalent student membership of at least 20,000, but no more
550 than 24,000, the index shall be computed by dividing the total
551 number of full-time equivalent students in all programs by the
552 number of permanent senior high school centers in the district,
553 not to exceed four.
554 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
555 (a) The research-based reading instruction allocation is
556 created to provide comprehensive reading instruction to students
557 in kindergarten through grade 12. For the 2014-2015 and 2015
558 2016 fiscal years year, in each school district that has one or
559 more of the 300 lowest-performing elementary schools based on
560 the state reading assessment, priority shall be given to
561 providing an additional hour per day of intensive reading
562 instruction beyond the normal school day for each day of the
563 entire school year, and to providing the equivalent hours of
564 intensive reading instruction in a summer program, for the
565 students in each school. If a participating school is no longer
566 classified as one of the 300 lowest-performing elementary
567 schools in the subsequent year, the school must continue to
568 provide the additional hour of intensive reading instruction to
569 all students who have Level 1 or Level 2 reading assessment
570 scores. Students enrolled in these schools who have level 5
571 assessment scores may participate in the additional hour of
572 instruction on an optional basis. Exceptional student education
573 centers may shall not be included in the 300 schools. The
574 intensive reading instruction delivered in this additional hour
575 and for other students shall include: research-based reading
576 instruction that has been proven to accelerate progress of
577 students exhibiting a reading deficiency; differentiated
578 instruction based on student assessment data to meet students’
579 specific reading needs; explicit and systematic reading
580 development in phonemic awareness, phonics, fluency, vocabulary,
581 and comprehension, with more extensive opportunities for guided
582 practice, error correction, and feedback; and the integration of
583 social studies, science, and mathematics-text reading, text
584 discussion, and writing in response to reading. For the 2012
585 2013 and 2013-2014 fiscal years, a school district may not hire
586 more reading coaches than were hired during the 2011-2012 fiscal
587 year unless all students in kindergarten through grade 5 who
588 demonstrate a reading deficiency, as determined by district and
589 state assessments, including students scoring Level 1 or Level 2
590 on the statewide, standardized reading assessment or, upon
591 implementation, the English Language Arts assessment, are
592 provided an additional hour per day of intensive reading
593 instruction beyond the normal school day for each day of the
594 entire school year.
595 (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
596 annually provide in the Florida Education Finance Program a
597 virtual education contribution. The amount of the virtual
598 education contribution shall be the difference between the
599 amount per FTE established in the General Appropriations Act for
600 virtual education and the amount per FTE for each district and
601 the Florida Virtual School, which may be calculated by taking
602 the sum of the base FEFP allocation, the declining enrollment
603 supplement, the discretionary local effort, the state-funded
604 discretionary contribution, the discretionary millage
605 compression supplement, the research-based reading instruction
606 allocation, the exceptional student education guaranteed
607 allocation, and the instructional materials allocation, and then
608 dividing by the total unweighted FTE. This difference shall be
609 multiplied by the virtual education unweighted FTE for programs
610 and options identified in s. 1002.455(3) and the Florida Virtual
611 School and its franchises to equal the virtual education
612 contribution and shall be included as a separate allocation in
613 the funding formula.
614 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
615 connected student supplement is created to provide supplemental
616 funding for school districts to support the education of
617 students connected with federally owned military installations,
618 National Aeronautics and Space Administration (NASA) property,
619 and Indian lands. To be eligible for this supplement, the
620 district must be eligible for federal Impact Aid Program funds
621 under Title VIII of the Elementary and Secondary Education Act
622 of 1965. The supplement shall be the sum of the student
623 allocation and an exempt property allocation.
624 (a) The student allocation shall be calculated based on the
625 number of students reported for federal Impact Aid Program
626 funds, including students with disabilities, who meet one of the
627 following criteria:
628 1. Resides with a parent who is on active duty in the
629 uniformed services or is an accredited foreign government
630 official and military officer. Students with disabilities shall
631 also be reported separately for this condition.
632 2. Resides on eligible federally owned Indian lands.
633 Students with disabilities shall also be reported separately for
634 this condition.
635 3. Resides with a civilian parent who lives or works on
636 eligible federal property connected with a military installation
637 or NASA. The number of these students shall be multiplied by a
638 factor of 0.5.
639 (b) The total number of federally connected students
640 calculated under paragraph (a) shall be multiplied by a
641 percentage of the base student allocation as provided in the
642 General Appropriations Act. The total of the number of students
643 with disabilities as reported separately under subparagraphs
644 (a)1. and (a)2. shall be multiplied by an additional percentage
645 of the base student allocation as provided in the General
646 Appropriations Act. The base amount and the amount for students
647 with disabilities shall be summed to provide the student
648 allocation.
649 (c) The exempt-property allocation shall be equal to the
650 tax-exempt value of federal impact aid lands reserved as
651 military installations, real property owned by NASA, or eligible
652 federally owned Indian lands located in the district, as of
653 January 1 of the previous year, multiplied by the millage
654 authorized and levied under s. 1011.71(2).
655 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
656 annually in the General Appropriations Act determine a
657 percentage increase in funds per K-12 unweighted FTE as a
658 minimum guarantee to each school district. The guarantee shall
659 be calculated from prior year base funding per unweighted FTE
660 student which shall include the adjusted FTE dollars as provided
661 in subsection (15)(14), quality guarantee funds, and actual
662 nonvoted discretionary local effort from taxes. From the base
663 funding per unweighted FTE, the increase shall be calculated for
664 the current year. The current year funds from which the
665 guarantee shall be determined shall include the adjusted FTE
666 dollars as provided in subsection (15)(14) and potential
667 nonvoted discretionary local effort from taxes. A comparison of
668 current year funds per unweighted FTE to prior year funds per
669 unweighted FTE shall be computed. For those school districts
670 which have less than the legislatively assigned percentage
671 increase, funds shall be provided to guarantee the assigned
672 percentage increase in funds per unweighted FTE student. Should
673 appropriated funds be less than the sum of this calculated
674 amount for all districts, the commissioner shall prorate each
675 district’s allocation. This provision shall be implemented to
676 the extent specifically funded.
677 Section 7. In order to implement Specific Appropriations 7
678 and 90 of the 2015-2016 General Appropriations Act, subsection
679 (1) of section 1011.71, Florida Statutes, is amended to read:
680 1011.71 District school tax.—
681 (1) If the district school tax is not provided in the
682 General Appropriations Act or the substantive bill implementing
683 the General Appropriations Act, each district school board
684 desiring to participate in the state allocation of funds for
685 current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
686 shall levy on the taxable value for school purposes of the
687 district, exclusive of millage voted under the provisions of s.
688 9(b) or s. 12, Art. VII of the State Constitution, a millage
689 rate not to exceed the amount certified by the commissioner as
690 the minimum millage rate necessary to provide the district
691 required local effort for the current year, pursuant to s.
692 1011.62(4)(a)1. In addition to the required local effort millage
693 levy, each district school board may levy a nonvoted current
694 operating discretionary millage. The Legislature shall prescribe
695 annually in the appropriations act the maximum amount of millage
696 a district may levy.
697 Section 8. The amendments made by this act to ss. 1011.62
698 and 1011.71(1), Florida Statutes, expire July 1, 2016, and the
699 text of ss. 1011.62 and 1011.71(1), Florida Statutes, shall
700 revert to that in existence on June 30, 2015, except that any
701 amendments to such text enacted other than by this act shall be
702 preserved and continue to operate to the extent that such
703 amendments are not dependent upon the portions of text which
704 expire pursuant to this section.
705 Section 9. In order to implement Specific Appropriations 7
706 and 90 of the 2015-2016 General Appropriations Act, paragraph
707 (d) of subsection (2) of section 1011.71, Florida Statutes, is
708 amended to read:
709 1011.71 District school tax.—
710 (2) In addition to the maximum millage levy as provided in
711 subsection (1), each school board may levy not more than 1.5
712 mills against the taxable value for school purposes for district
713 schools, including charter schools at the discretion of the
714 school board, to fund:
715 (d)1. The purchase, lease-purchase, or lease of new and
716 replacement equipment; computer hardware, including electronic
717 hardware and other hardware devices necessary for gaining access
718 to or enhancing the use of electronic content and resources or
719 to facilitate the access to and the use of a school district’s
720 digital classrooms plan pursuant to s. 1011.62, excluding
721 software other than the operating system necessary to operate
722 the hardware or device; and enterprise resource software
723 applications that are classified as capital assets in accordance
724 with definitions of the Governmental Accounting Standards Board,
725 have a useful life of at least 5 years, and are used to support
726 districtwide administration or state-mandated reporting
727 requirements.
728 2. Notwithstanding subparagraph 1., enterprise resource
729 software may be acquired by annual license fees, maintenance
730 fees, or lease agreements. This subparagraph expires July 1,
731 2016.
732 Section 10. (1) In order to implement Specific
733 Appropriation 138 of the 2015-2016 General Appropriations Act,
734 the State University System Performance Based Incentive shall be
735 based on indicators of institutional attainment of performance
736 metrics adopted by the Board of Governors. The performance-based
737 funding metrics must include, but are not limited to, metrics
738 that measure graduation and retention rates; degree production;
739 affordability; postgraduation employment, salaries, or further
740 education; student loan default rates; access; and any other
741 metrics approved by the board.
742 (2) The Board of Governors shall evaluate the institutions’
743 performance on the metrics based on benchmarks adopted by the
744 board which measure the achievement of institutional excellence
745 or improvement. Each fiscal year, the amount of funds available
746 for allocation to the institutions based on the performance
747 funding model shall consist of the state’s investment in
748 performance funding, plus an institutional investment consisting
749 of funds to be redistributed from the base funding of the State
750 University System, as determined in the General Appropriations
751 Act. The institutional investment shall be restored for all
752 institutions that meet the board’s minimum performance threshold
753 under the performance funding model. An institution that is one
754 of the bottom three institutions or fails to meet the board’s
755 minimum performance funding threshold is not eligible for the
756 state’s investment, shall have a portion of its institutional
757 investment withheld, and shall submit an improvement plan to the
758 board which specifies the activities and strategies for
759 improving the institution’s performance.
760 (3) By October 1, 2015, the Board of Governors shall submit
761 to the Governor, the President of the Senate, and the Speaker of
762 the House of Representatives a report on the previous year’s
763 performance funding allocation which reflects the rankings and
764 award distributions.
765 (4) This section expires July 1, 2016.
766 Section 11. (1) In order to implement Specific
767 Appropriation 122 of the 2015-2016 General Appropriations Act,
768 the Florida College System Performance Based Incentive shall be
769 based on indicators of institutional attainment of performance
770 metrics adopted by the State Board of Education. The
771 performance-based funding metrics must be limited to metrics
772 that measure retention; program completion and graduation rates;
773 student loan default rates; job placement; and postgraduation
774 employment, salaries, or further education.
775 (2) The State Board of Education shall evaluate the
776 institutions’ performance on the metrics based on benchmarks
777 adopted by the board which measure the achievement of
778 institutional excellence or improvement. Each fiscal year, the
779 amount of funds available for allocation to the institutions
780 based on the performance funding model shall consist of the
781 state’s investment in performance funding, plus an institutional
782 investment consisting of funds to be redistributed from the base
783 funding of the Florida College System Program Fund, as
784 determined in the General Appropriations Act. The board shall
785 establish a minimum performance threshold that the institutions
786 must meet in order to be eligible for the state’s investment in
787 performance funds. The institutional investment shall be
788 restored for all institutions eligible for the state’s
789 investment under the performance funding model. An institution
790 that fails to meet the board’s minimum performance funding
791 threshold is not eligible for the state’s investment, shall have
792 a portion of its institutional investment withheld, and shall
793 submit an improvement plan to the board which specifies the
794 activities and strategies for improving the institution’s
795 performance.
796 (3) The State Board of Education must review the
797 improvement plan and, if approved, must monitor the
798 institution’s progress on implementing the specified activities
799 and strategies. The institutions shall submit monitoring reports
800 to the board no later than December 31 and May 31 of each year.
801 (4) The Commissioner of Education shall withhold
802 disbursement of the institutional investment until such time as
803 the monitoring report for the institution is approved by the
804 State Board of Education. An institution that fails to make
805 satisfactory progress may not have its full institutional
806 investment restored. If all institutional investment funds are
807 not restored, any remaining funds shall be redistributed in
808 accordance with the board’s performance funding model.
809 (5) By October 1, 2015, the State Board of Education shall
810 submit to the Governor, the President of the Senate, and the
811 Speaker of the House of Representatives a report on the previous
812 year’s performance funding allocation which reflects the
813 rankings and award distributions.
814 (6) This section expires July 1, 2016.
815 Section 12. In order to implement Specific Appropriations
816 194, 201, 202, 203, and 206 of the 2015-2016 General
817 Appropriations Act, and contingent on SB 7044 or similar
818 legislation becoming law, the calculations for the Medicaid Low
819 Income Pool and Disproportionate Share Hospital programs for the
820 2015-2016 fiscal year contained in the document entitled
821 “Medicaid Hospital Funding Programs,” dated March__, 2015, and
822 filed with the Secretary of the Senate, are incorporated by
823 reference for the purpose of displaying the calculations used by
824 the Legislature, consistent with the requirements of state law,
825 in making appropriations for the Medicaid Low-Income Pool and
826 Disproportionate Share Hospital programs. This section expires
827 July 1, 2016.
828 Section 13. In order to implement Specific Appropriations
829 201 and 206 and notwithstanding s. 409.905, Florida Statutes, if
830 the Agency for Health Care Administration determines that the
831 providers’ average per-discharge Automatic Intergovernmental
832 Transfer payments and LIP-6 Intergovernmental Transfer payments
833 used in paying hospitals during state fiscal year 2014-2015
834 differs from appropriated state fiscal year 2014-2015
835 intergovernmental transfer allocations, the agency shall
836 retroactively adjust hospital payment rates to align payments
837 with available intergovernmental transfer funding by
838 reprocessing all hospital claims for state fiscal year 2014
839 2015. Adjustments must cover differences between actual
840 intergovernmental transfer payments and appropriated
841 intergovernmental transfer amounts up to a limit equal to full
842 hospital Medicaid inpatient cost. This section expires July 1,
843 2016.
844 Section 14. In order to implement Section 9 of the 2015
845 2016 General Appropriations Act, paragraph (c) is added to
846 subsection (4) of section 20.435, Florida Statutes, to read:
847 20.435 Department of Health; trust funds.—The following
848 trust funds shall be administered by the Department of Health:
849 (4) Medical Quality Assurance Trust Fund.
850 (c) For the 2015-2016 fiscal year, the uses authorized
851 under paragraph (a) include providing health care services to
852 department clients. This paragraph expires July 1, 2016.
853 Section 15. (1) In order to implement Specific
854 Appropriation 251 of the 2015-2016 General Appropriations Act
855 and notwithstanding s. 393.065(5), Florida Statutes, individuals
856 from the Medicaid home and community-based waiver programs wait
857 list shall be offered a slot on the waiver as follows:
858 (a) Individuals in category 1, which includes clients
859 deemed to be in crisis as described in rule, shall be given
860 first priority in moving from the wait list to the waiver.
861 (b) Under category 2, the Agency for Persons with
862 Disabilities shall provide waiver services that are not
863 otherwise available under the State Medicaid Plan or through the
864 child welfare system under s. 409.986, Florida Statutes, and,
865 for an eligible individual at least 18 years old but not yet 22
866 years old, the agency shall also provide residential
867 habilitation services, such as supervision and training, to
868 assist the individual improve skills related to activities of
869 daily living. Individuals eligible under category 2 shall be
870 moved into waiver services if they have an open case in the
871 Department of Children and Families’ statewide automated child
872 welfare information system and:
873 1. Are transitioning out of the child welfare system at the
874 finalization of an adoption, a reunification with family
875 members, a permanent placement with a relative, or a
876 guardianship with a nonrelative; or
877 2. Are at least 18 years old but not yet 22 years old.
878 (c) In selecting individuals in category 3, category 4, or
879 category 5, the Agency for Persons with Disabilities shall use
880 the Agency for Persons with Disabilities Wait List
881 Prioritization Tool, dated March 15, 2013. Those individuals
882 whose needs score highest on the Wait List Prioritization Tool
883 shall be moved to the waiver during the 2015-2016 fiscal year,
884 to the extent funds are available.
885 (2) The agency shall allow an individual who meets the
886 eligibility requirements provided under s. 393.065(1), Florida
887 Statutes, to receive home and community-based services in this
888 state if the individual’s parent or legal guardian is an active
889 duty military servicemember and, at the time of the
890 servicemember’s transfer to Florida, the individual was
891 receiving home and community-based services in another state.
892 (3) Upon the placement of individuals on the waiver
893 pursuant to subsection (1), individuals remaining on the wait
894 list are deemed not to have been substantially affected by
895 agency action and are, therefore, not entitled to a hearing
896 under s. 393.125, Florida Statutes, or administrative proceeding
897 under chapter 120, Florida Statutes.
898 (4) This section expires July 1, 2016.
899 Section 16. In order to implement Specific Appropriations
900 554 through 563 of the 2015-2016 General Appropriations Act,
901 subsection (3) of section 296.37, Florida Statutes, is amended
902 to read:
903 296.37 Residents; contribution to support.—
904 (3) Notwithstanding subsection (1), each resident of the
905 home who receives a pension, compensation, or gratuity from the
906 United States Government, or income from any other source, of
907 more than $105 per month shall contribute to his or her
908 maintenance and support while a resident of the home in
909 accordance with a payment schedule determined by the
910 administrator and approved by the director. The total amount of
911 such contributions shall be to the fullest extent possible, but,
912 in no case, shall exceed the actual cost of operating and
913 maintaining the home. This subsection expires July 1, 2016 2015.
914 Section 17. In order to implement Specific Appropriations
915 187B through 220A and 524 of the 2015-2016 General
916 Appropriations Act and notwithstanding ss. 216.181 and 216.292,
917 Florida Statutes, the Agency for Health Care Administration, in
918 consultation with the Department of Health, may submit a budget
919 amendment, subject to the notice, review, and objection
920 procedures of s. 216.177, Florida Statutes, to realign funding
921 within and between agencies based on implementation of the
922 Statewide Medicaid Managed Care Medical Assistance program for
923 the Children’s Medical Services Program of the Department of
924 Health. The funding realignment shall reflect the actual
925 enrollment changes due to the transfer of beneficiaries from
926 fee-for-service to the capitated Children’s Medical Services
927 network. The Agency for Health Care Administration may submit a
928 request for nonoperating budget authority to transfer the
929 federal funds to the Department of Health, pursuant to s.
930 216.181(12), Florida Statutes. This section expires July 1,
931 2016.
932 Section 18. In order to implement Specific Appropriation
933 323 of the 2015-2016 General Appropriations Act, and
934 notwithstanding s. 409.991, Florida Statutes, for the 2015-2016
935 fiscal year, funds provided for training purposes shall be
936 allocated to community-based lead agencies based on a training
937 needs assessment conducted by the Department of Children and
938 Families. This section expires July 1, 2016.
939 Section 19. In order to implement Specific Appropriations
940 583 through 720 and 733 through 771 of the 2015-2016 General
941 Appropriations Act, subsection (4) of section 216.262, Florida
942 Statutes, is amended to read:
943 216.262 Authorized positions.—
944 (4) Notwithstanding the provisions of this chapter relating
945 to increasing the number of authorized positions, and for the
946 2015-2016 2014-2015 fiscal year only, if the actual inmate
947 population of the Department of Corrections exceeds the inmate
948 population projections of the February 27, 2015 2014, Criminal
949 Justice Estimating Conference by 1 percent for 2 consecutive
950 months or 2 percent for any month, the Executive Office of the
951 Governor, with the approval of the Legislative Budget
952 Commission, shall immediately notify the Criminal Justice
953 Estimating Conference, which shall convene as soon as possible
954 to revise the estimates. The Department of Corrections may then
955 submit a budget amendment requesting the establishment of
956 positions in excess of the number authorized by the Legislature
957 and additional appropriations from unallocated general revenue
958 sufficient to provide for essential staff, fixed capital
959 improvements, and other resources to provide classification,
960 security, food services, health services, and other variable
961 expenses within the institutions to accommodate the estimated
962 increase in the inmate population. All actions taken pursuant to
963 this subsection are subject to review and approval by the
964 Legislative Budget Commission. This subsection expires July 1,
965 2016 2015.
966 Section 20. In order to implement Specific Appropriations
967 1319 and 1320 of the 2015-2016 General Appropriations Act, the
968 Department of Legal Affairs may expend appropriated funds in
969 those specific appropriations on the same programs that were
970 funded by the department pursuant to specific appropriations
971 made in general appropriations acts in previous years. This
972 section expires July 1, 2016.
973 Section 21. In order to implement Specific Appropriations
974 1254 and 1259 of the 2015-2016 General Appropriations Act,
975 paragraph (d) of subsection (4) of section 932.7055, Florida
976 Statutes, is amended to read:
977 932.7055 Disposition of liens and forfeited property.—
978 (4) The proceeds from the sale of forfeited property shall
979 be disbursed in the following priority:
980 (d) Notwithstanding any other provision of this subsection,
981 and for the 2015-2016 2014-2015 fiscal year only, the funds in a
982 special law enforcement trust fund established by the governing
983 body of a municipality may be expended to reimburse the general
984 fund of the municipality for moneys advanced from the general
985 fund to the special law enforcement trust fund before October 1,
986 2001. This paragraph expires July 1, 2016 2015.
987 Section 22. In order to implement section 7 of the 2015
988 2016 General Appropriations Act, subsection (2) of section
989 215.18, Florida Statutes, is amended to read:
990 215.18 Transfers between funds; limitation.—
991 (2) The Chief Justice of the Supreme Court may receive one
992 or more trust fund loans to ensure that the state court system
993 has funds sufficient to meet its appropriations in the 2015-2016
994 2014-2015 General Appropriations Act. If the Chief Justice
995 accesses the loan, he or she must notify the Governor and the
996 chairs of the legislative appropriations committees in writing.
997 The loan must come from other funds in the State Treasury which
998 are for the time being or otherwise in excess of the amounts
999 necessary to meet the just requirements of such last-mentioned
1000 funds. The Governor shall order the transfer of funds within 5
1001 days after the written notification from the Chief Justice. If
1002 the Governor does not order the transfer, the Chief Financial
1003 Officer shall transfer the requested funds. The loan of funds
1004 from which any money is temporarily transferred must be repaid
1005 by the end of the 2015-2016 2014-2015 fiscal year. This
1006 subsection expires July 1, 2016 2015.
1007 Section 23. In order to implement appropriations used for
1008 the payments of existing lease contracts for private lease space
1009 in excess of 2,000 square feet in the 2015-2016 General
1010 Appropriations Act, the Department of Management Services, with
1011 the cooperation of the agencies having the existing lease
1012 contracts for office or storage space, shall use tenant broker
1013 services to renegotiate or reprocure all private lease
1014 agreements for office or storage space expiring between July 1,
1015 2016, and June 30, 2018, in order to reduce costs in future
1016 years. The department shall incorporate this initiative into its
1017 2015 master leasing report required under s. 255.249(7), Florida
1018 Statutes, and may use tenant broker services to explore the
1019 possibilities of collocating office or storage space, to review
1020 the space needs of each agency, and to review the length and
1021 terms of potential renewals or renegotiations. The department
1022 shall provide a report to the Executive Office of the Governor,
1023 the President of the Senate, and the Speaker of the House of
1024 Representatives by November 1, 2015, which lists each lease
1025 contract for private office or storage space, the status of
1026 renegotiations, and the savings achieved. This section expires
1027 July 1, 2016.
1028 Section 24. In order to implement Specific Appropriations
1029 2270 through 2278 of the 2015-2016 General Appropriations Act,
1030 section 624.502, Florida Statutes, is reenacted to read:
1031 624.502 Service of process fee.—In all instances as
1032 provided in any section of the insurance code and s. 48.151(3)
1033 in which service of process is authorized to be made upon the
1034 Chief Financial Officer or the director of the office, the
1035 plaintiff shall pay to the department or office a fee of $15 for
1036 such service of process, which fee shall be deposited into the
1037 Administrative Trust Fund.
1038 Section 25. The amendment to s. 624.502, Florida Statutes,
1039 as carried forward by this act from chapter 2013-41, Laws of
1040 Florida, expires July 1, 2016, and the text of that section
1041 shall revert to that in existence on June 30, 2013, except that
1042 any amendments to such text enacted other than by this act shall
1043 be preserved and continue to operate to the extent that such
1044 amendments are not dependent upon the portions of text which
1045 expire pursuant to this section.
1046 Section 26. In order to implement Specific Appropriations
1047 1368 through 1514, 1516 through 1739, 1740 through 1858A, 277A
1048 through 277C, 277F, 277K, 3056, 3081 through 3085, 3087 through
1049 3092, 3113 through 3115, 3119, and 3122 of the 2015-2016 General
1050 Appropriations Act and notwithstanding s. 216.292, Florida
1051 Statutes, the Agency for Persons with Disabilities, the
1052 Department of Agriculture and Consumer Services, the Department
1053 of Environmental Protection, the Fish and Wildlife Conservation
1054 Commission, and the Department of State, may submit one or more
1055 budget amendments, as necessary, to realign funding, to increase
1056 operating, nonoperating, or fixed capital outlay budget
1057 authority from trust funds, or to transfer trust funds, between
1058 agencies or budget entities, as needed to implement provisions
1059 of SB 576, SB 578, SB 580, SB 582, or SB 584, or similar
1060 legislation enacted during the 2015 Regular Session of the
1061 Legislature or an extension thereof, to implement s. 28, Article
1062 X of the State Constitution. A budget amendment is subject to
1063 the notice, review, and objection procedures of s. 216.177,
1064 Florida Statutes. This section expires July 1, 2016.
1065 Section 27. In order to implement Specific Appropriation
1066 1693 of the 2015-2016 General Appropriations Act, subsection (5)
1067 of section 403.7095, Florida Statutes, is amended to read:
1068 403.7095 Solid waste management grant program.—
1069 (5) Notwithstanding any other provision of this section,
1070 and for the 2015-2016 2014-2015 fiscal year only, the Department
1071 of Environmental Protection shall award the sum of $3 million in
1072 grants equally to counties having populations of fewer than
1073 100,000 for waste tire and litter prevention, recycling
1074 education, and general solid waste programs. This subsection
1075 expires July 1, 2016 2015.
1076 Section 28. In order to implement Specific Appropriations
1077 1569A and 1570 and section 56 of the 2015-2016 General
1078 Appropriations Act, paragraph (m) of subsection (3) of section
1079 259.105, Florida Statutes, is amended, to read:
1080 259.105 The Florida Forever Act.—
1081 (3) Less the costs of issuing and the costs of funding
1082 reserve accounts and other costs associated with bonds, the
1083 proceeds of cash payments or bonds issued pursuant to this
1084 section shall be deposited into the Florida Forever Trust Fund
1085 created by s. 259.1051. The proceeds shall be distributed by the
1086 Department of Environmental Protection in the following manner:
1087 (m) Notwithstanding paragraphs (a)-(j) and for the 2015
1088 2016 2014-2015 fiscal year only, $2 million to only the Division
1089 of State Lands within the Department of Environmental Protection
1090 for the Board of Trustees Florida Forever Priority List land
1091 acquisition projects. This paragraph expires July 1, 2016:
1092 1. Five million dollars to the Department of Agriculture
1093 and Consumer Services for the acquisition of agricultural lands
1094 through perpetual conservation easements and other perpetual
1095 less-than-fee techniques, which will achieve the objectives of
1096 Florida Forever and s. 570.71.
1097 2. The remaining moneys appropriated from the Florida
1098 Forever Trust Fund shall be distributed only to the Division of
1099 State Lands within the Department of Environmental Protection
1100 for land acquisitions that are less-than-fee interest, for
1101 partnerships in which the state’s portion of the acquisition
1102 cost is no more than 50 percent, or for conservation lands
1103 needed for military buffering or springs or water resources
1104 protection.
1105
1106 This paragraph expires July 1, 2015.
1107 Section 29. In order to implement Specific Appropriations
1108 1724A, 1724B, and 1817A of the 2015-2016 General Appropriations
1109 Act, paragraph (d) of subsection (11) of section 216.181,
1110 Florida Statutes, is amended to read:
1111 216.181 Approved budgets for operations and fixed capital
1112 outlay.—
1113 (11)
1114 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
1115 for the 2015-2016 2014-2015 fiscal year only, the Legislative
1116 Budget Commission may increase the amounts appropriated to the
1117 Fish and Wildlife Conservation Commission or the Department of
1118 Environmental Protection for fixed capital outlay projects,
1119 including additional fixed capital outlay projects, using funds
1120 provided to the state from the Gulf Environmental Benefit Fund
1121 administered by the National Fish and Wildlife Foundation; funds
1122 provided to the state from the Gulf Coast Restoration Trust Fund
1123 related to the Resources and Ecosystems Sustainability, Tourist
1124 Opportunities, and Revived Economies of the Gulf Coast Act of
1125 2012 (RESTORE Act); or funds provided by the British Petroleum
1126 Corporation (BP) for natural resource damage assessment early
1127 restoration projects. Concurrent with submission of an amendment
1128 to the Legislative Budget Commission pursuant to this paragraph,
1129 any project that carries a continuing commitment for future
1130 appropriations by the Legislature must be specifically
1131 identified, together with the projected amount of the future
1132 commitment associated with the project and the fiscal years in
1133 which the commitment is expected to commence. This paragraph
1134 expires July 1, 2016 2015.
1135
1136 The provisions of this subsection are subject to the notice and
1137 objection procedures set forth in s. 216.177.
1138 Section 30. In order to implement Specific Appropriations
1139 1368 through 1514, 1516 through 1739, 1740 through 1858A, 277A
1140 through 277C, 277F, 277K, 3056, 3081 through 3085, 3087 through
1141 3092, 3113 through 3115, 3119, and 3122 of the 2015-2016 General
1142 Appropriations Act, subsection (3) is added to section 215.18,
1143 Florida Statutes, to read:
1144 215.18 Transfers between funds; limitation.—
1145 (3) Notwithstanding subsection (1) and only with respect to
1146 the Land Acquisition Trust Fund in the Department of
1147 Environmental Protection, whenever there is a deficiency in the
1148 Land Acquisition Trust Fund which would render that trust fund
1149 temporarily insufficient to meet its just requirements,
1150 including the timely payment of appropriations from that trust
1151 fund, and other trust funds in the State Treasury have moneys
1152 that are for the time being or otherwise in excess of the
1153 amounts necessary to meet the just requirements, including
1154 appropriated obligations, of those other trust funds, the
1155 Governor may order a temporary transfer of moneys from one or
1156 more of the other trust funds to the Land Acquisition Trust Fund
1157 in the Department of Environmental Protection. Any action
1158 proposed pursuant to this subsection is subject to the notice,
1159 review, and objection procedures of s. 216.177, and the Governor
1160 shall provide notice of such action at least 7 days before the
1161 effective date of the transfer of trust funds. Any transfer of
1162 trust funds to the Land Acquisition Trust Fund in the Department
1163 of Environmental Protection must be repaid to the trust funds
1164 from which the moneys were loaned by the end of the 2015-2016
1165 fiscal year. The Legislature has determined that the repayment
1166 of the other trust fund moneys temporarily loaned to the Land
1167 Acquisition Trust Fund in the Department Environmental
1168 Protection pursuant to this subsection is an allowable use of
1169 the moneys in the Land Acquisition Trust Fund because the moneys
1170 from other trust funds temporarily loaned to the Land
1171 Acquisition Trust Fund will be expended solely and exclusively
1172 in accordance with s. 28, Art. X of the State Constitution. This
1173 subsection expires July 1, 2016.
1174 Section 31. In order to implement Specific Appropriation
1175 1619 of the 2015-2016 General Appropriations Act, paragraph (g)
1176 is added to subsection (1) of section 376.307, Florida Statutes,
1177 to read:
1178 376.307 Water Quality Assurance Trust Fund.—
1179 (1) The Water Quality Assurance Trust Fund is intended to
1180 serve as a broad-based fund for use in responding to incidents
1181 of contamination that pose a serious danger to the quality of
1182 groundwater and surface water resources or otherwise pose a
1183 serious danger to the public health, safety, or welfare. Moneys
1184 in this fund may be used:
1185 (g) To pay the outstanding and final debt service on bonds
1186 issued before February 1, 2009, by the South Florida Water
1187 Management District and the St. Johns River Water Management
1188 District which are secured by revenues provided pursuant to
1189 former s. 373.59, Florida Statutes 2014, or to fund debt service
1190 reserve funds, rebate obligations, or other amounts payable with
1191 respect to such bonds. This paragraph expires July 1, 2016.
1192 Section 32. In order to implement Specific Appropriation
1193 2644 of the 2015-2016 General Appropriations Act and
1194 notwithstanding s. 287.057, Florida Statutes, the Department of
1195 Highway Safety and Motor Vehicles may extend its existing
1196 contract for driver license equipment and consumables through
1197 December 31, 2017, provided the price of each driver license and
1198 identification card as of March 1, 2015, does not increase. The
1199 contract extension must be executed on behalf of the department
1200 and the contractor no later than August 1, 2015. This section
1201 expires July 1, 2016.
1202 Section 33. In order to implement Specific Appropriation
1203 1916 of the 2015-2016 General Appropriations Act, paragraph (i)
1204 of subsection (4) and paragraph (b) of subsection (5) of section
1205 339.135, Florida Statutes, are amended to read:
1206 339.135 Work program; legislative budget request;
1207 definitions; preparation, adoption, execution, and amendment.—
1208 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
1209 (i) Notwithstanding paragraph (a), and for the 2015-2016
1210 2014-2015 fiscal year only, the Department of Transportation
1211 shall may use appropriated funds to support the establishment of
1212 a statewide system of interconnected multiuse trails and to pay
1213 the costs of planning, land acquisition, design, and
1214 construction of such trails and related facilities. Funds
1215 specifically appropriated for this purpose may not reduce,
1216 delete, or defer any existing projects funded as of July 1, 2015
1217 2014, in the department’s 5-year work program. This paragraph
1218 expires July 1, 2016 2015.
1219 (5) ADOPTION OF THE WORK PROGRAM.—
1220 (b) Notwithstanding paragraph (a), and for the 2015-2016
1221 2014-2015 fiscal year only, the department shall may use
1222 appropriated funds to support the establishment of a statewide
1223 system of interconnected multiuse trails and to pay the costs of
1224 planning, land acquisition, design, and construction of such
1225 trails and related facilities. Funds specifically appropriated
1226 for this purpose may not reduce, delete, or defer any existing
1227 projects funded as of July 1, 2015 2014, in the department’s 5
1228 year work program. This paragraph expires July 1, 2016 2015.
1229 Section 34. In order to implement Specific Appropriation
1230 1894 of the 2015-2016 General Appropriations Act, subsection
1231 (10) of section 341.302, Florida Statutes, is reenacted to read:
1232 341.302 Rail program; duties and responsibilities of the
1233 department.—The department, in conjunction with other
1234 governmental entities, including the rail enterprise and the
1235 private sector, shall develop and implement a rail program of
1236 statewide application designed to ensure the proper maintenance,
1237 safety, revitalization, and expansion of the rail system to
1238 assure its continued and increased availability to respond to
1239 statewide mobility needs. Within the resources provided pursuant
1240 to chapter 216, and as authorized under federal law, the
1241 department shall:
1242 (10)(a) Administer rail operating and construction
1243 programs, which programs shall include the regulation of maximum
1244 train operating speeds, the opening and closing of public grade
1245 crossings, the construction and rehabilitation of public grade
1246 crossings, the installation of traffic control devices at public
1247 grade crossings, the approval and implementation of quiet zones,
1248 and administration of the programs by the department, including
1249 participation in the cost of the programs.
1250 (b) Provide grant funding to assist with the implementation
1251 of quiet zones that have been approved by the department, which
1252 funding may not exceed 50 percent of the nonfederal and
1253 nonprivate share of the total costs of any quiet zone capital
1254 improvement project.
1255 (c) Coordinate and work closely with local, state, and
1256 federal agencies to provide technical support to local agencies
1257 for the development of quiet zone plans.
1258 (d) Monitor crossing incidents at approved quiet zone
1259 locations and suspend the operation of a quiet zone at any time
1260 the department determines that a significant deterioration in
1261 safety is resulting from quiet zone implementation.
1262 Section 35. The amendment to s. 341.302(10), Florida
1263 Statutes, as carried forward by this act from chapter 2014-53,
1264 Laws of Florida, expires July 1, 2016, and the text of that
1265 paragraph shall revert to that in existence on June 30, 2014,
1266 except that any amendments to such text enacted other than by
1267 this act shall be preserved and continue to operate to the
1268 extent that such amendments are not dependent upon the portions
1269 of text which expire pursuant to this section.
1270 Section 36. In order to implement Specific Appropriation
1271 1910 of the 2015-2016 General Appropriations Act, subsection (3)
1272 of section 339.2816, Florida Statutes, is amended to read:
1273 339.2816 Small County Road Assistance Program.—
1274 (3) Beginning with fiscal year 1999-2000 until fiscal year
1275 2009-2010, and beginning again with fiscal year 2012-2013 In
1276 fiscal year 2015-2016, up to $50 $25 million annually from the
1277 State Transportation Trust Fund may be used for the purposes of
1278 funding the Small County Road Assistance Program as described in
1279 this section.
1280 Section 37. The amendment made by this act to s. 339.2816,
1281 Florida Statutes, expires July 1, 2016, and the text of that
1282 section shall revert to that in existence on June 30, 2015,
1283 except that any amendments to such text enacted other than by
1284 this act shall be preserved and continue to operate to the
1285 extent that such amendments are not dependent upon the portions
1286 of text which expire pursuant to this section.
1287 Section 38. In order to implement the salary and benefits,
1288 expenses, other personal services, contracted services, special
1289 categories and operating capital outlay categories of the 2015
1290 2016 General Appropriations Act, paragraph (a) of subsection (2)
1291 of section 216.292, Florida Statutes, is reenacted to read:
1292 216.292 Appropriations nontransferable; exceptions.—
1293 (2) The following transfers are authorized to be made by
1294 the head of each department or the Chief Justice of the Supreme
1295 Court whenever it is deemed necessary by reason of changed
1296 conditions:
1297 (a) The transfer of appropriations funded from identical
1298 funding sources, except appropriations for fixed capital outlay,
1299 and the transfer of amounts included within the total original
1300 approved budget and plans of releases of appropriations as
1301 furnished pursuant to ss. 216.181 and 216.192, as follows:
1302 1. Between categories of appropriations within a budget
1303 entity, if no category of appropriation is increased or
1304 decreased by more than 5 percent of the original approved budget
1305 or $250,000, whichever is greater, by all action taken under
1306 this subsection.
1307 2. Between budget entities within identical categories of
1308 appropriations, if no category of appropriation is increased or
1309 decreased by more than 5 percent of the original approved budget
1310 or $250,000, whichever is greater, by all action taken under
1311 this subsection.
1312 3. Any agency exceeding salary rate established pursuant to
1313 s. 216.181(8) on June 30th of any fiscal year shall not be
1314 authorized to make transfers pursuant to subparagraphs 1. and 2.
1315 in the subsequent fiscal year.
1316 4. Notice of proposed transfers under subparagraphs 1. and
1317 2. shall be provided to the Executive Office of the Governor and
1318 the chairs of the legislative appropriations committees at least
1319 3 days prior to agency implementation in order to provide an
1320 opportunity for review.
1321 Section 39. The amendment to s. 216.292, Florida Statutes,
1322 as carried forward by this act from chapter 2014-53, Laws of
1323 Florida, expires July 1, 2016, and the text of that section
1324 shall revert to that in existence on June 30, 2014, except that
1325 any amendments to such text enacted other than by this act shall
1326 be preserved and continue to operate to the extent that such
1327 amendments are not dependent upon the portions of text which
1328 expire pursuant to this section.
1329 Section 40. In order to implement the appropriation of
1330 funds in the contracted services and expenses categories of the
1331 2015-2016 General Appropriations Act, a state agency may not
1332 initiate a competitive solicitation for a product or service if
1333 the completion of such competitive solicitation would:
1334 (1) Require a change in law; or
1335 (2) Require a change to the agency’s budget other than a
1336 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
1337 unless the initiation of such competitive solicitation is
1338 specifically authorized in law, in the General Appropriations
1339 Act, or by the Legislative Budget Commission.
1340
1341 This section does not apply to a competitive solicitation for
1342 which the agency head certifies that a valid emergency exists.
1343 This section expires July 1, 2016.
1344 Section 41. In order to implement the appropriation of
1345 funds in the appropriation category “Special Categories-Risk
1346 Management Insurance” in the 2015-2016 General Appropriations
1347 Act, and pursuant to the notice, review, and objection
1348 procedures of s. 216.177, Florida Statutes, the Executive Office
1349 of the Governor may transfer funds appropriated in that category
1350 between departments in order to align the budget authority
1351 granted with the premiums paid by each department for risk
1352 management insurance. This section expires July 1, 2016.
1353 Section 42. In order to implement the appropriation of
1354 funds in the appropriation category “Special Categories-Transfer
1355 to Department of Management Services-Human Resources Services
1356 Purchased per Statewide Contract” in the 2015-2016 General
1357 Appropriations Act, and pursuant to the notice, review, and
1358 objection procedures of s. 216.177, Florida Statutes, the
1359 Executive Office of the Governor may transfer funds appropriated
1360 in that category between departments in order to align the
1361 budget authority granted with the assessments that must be paid
1362 by each agency to the Department of Management Services for
1363 human resource management services. This section expires July 1,
1364 2016.
1365 Section 43. In order to implement appropriations for
1366 salaries and benefits of the 2015-2016 General Appropriations
1367 Act, subsection (6) of section 112.24, Florida Statutes, is
1368 amended to read:
1369 112.24 Intergovernmental interchange of public employees.
1370 To encourage economical and effective utilization of public
1371 employees in this state, the temporary assignment of employees
1372 among agencies of government, both state and local, and
1373 including school districts and public institutions of higher
1374 education is authorized under terms and conditions set forth in
1375 this section. State agencies, municipalities, and political
1376 subdivisions are authorized to enter into employee interchange
1377 agreements with other state agencies, the Federal Government,
1378 another state, a municipality, or a political subdivision
1379 including a school district, or with a public institution of
1380 higher education. State agencies are also authorized to enter
1381 into employee interchange agreements with private institutions
1382 of higher education and other nonprofit organizations under the
1383 terms and conditions provided in this section. In addition, the
1384 Governor or the Governor and Cabinet may enter into employee
1385 interchange agreements with a state agency, the Federal
1386 Government, another state, a municipality, or a political
1387 subdivision including a school district, or with a public
1388 institution of higher learning to fill, subject to the
1389 requirements of chapter 20, appointive offices which are within
1390 the executive branch of government and which are filled by
1391 appointment by the Governor or the Governor and Cabinet. Under
1392 no circumstances shall employee interchange agreements be
1393 utilized for the purpose of assigning individuals to participate
1394 in political campaigns. Duties and responsibilities of
1395 interchange employees shall be limited to the mission and goals
1396 of the agencies of government.
1397 (6) For the 2015-2016 2014-2015 fiscal year only, the
1398 assignment of an employee of a state agency as provided in this
1399 section may be made if recommended by the Governor or Chief
1400 Justice, as appropriate, and approved by the chairs of the
1401 legislative appropriations committees. Such actions shall be
1402 deemed approved if neither chair provides written notice of
1403 objection within 14 days after receiving notice of the action
1404 pursuant to s. 216.177. This subsection expires July 1, 2016
1405 2015.
1406 Section 44. In order to implement Specific Appropriations
1407 2665 and 2666 of the 2015-2016 General Appropriations Act and
1408 notwithstanding s. 11.13(1), Florida Statutes, the authorized
1409 salaries for members of the Legislature for the 2015-2016 fiscal
1410 year shall be set at the same level in effect on July 1, 2010.
1411 This section expires July 1, 2016.
1412 Section 45. In order to implement the transfer of funds to
1413 the General Revenue Fund from trust funds in the 2015-2016
1414 General Appropriations Act, paragraph (b) of subsection (2) of
1415 section 215.32, Florida Statutes, is reenacted to read:
1416 215.32 State funds; segregation.—
1417 (2) The source and use of each of these funds shall be as
1418 follows:
1419 (b)1. The trust funds shall consist of moneys received by
1420 the state which under law or under trust agreement are
1421 segregated for a purpose authorized by law. The state agency or
1422 branch of state government receiving or collecting such moneys
1423 is responsible for their proper expenditure as provided by law.
1424 Upon the request of the state agency or branch of state
1425 government responsible for the administration of the trust fund,
1426 the Chief Financial Officer may establish accounts within the
1427 trust fund at a level considered necessary for proper
1428 accountability. Once an account is established, the Chief
1429 Financial Officer may authorize payment from that account only
1430 upon determining that there is sufficient cash and releases at
1431 the level of the account.
1432 2. In addition to other trust funds created by law, to the
1433 extent possible, each agency shall use the following trust funds
1434 as described in this subparagraph for day-to-day operations:
1435 a. Operations or operating trust fund, for use as a
1436 depository for funds to be used for program operations funded by
1437 program revenues, with the exception of administrative
1438 activities when the operations or operating trust fund is a
1439 proprietary fund.
1440 b. Operations and maintenance trust fund, for use as a
1441 depository for client services funded by third-party payors.
1442 c. Administrative trust fund, for use as a depository for
1443 funds to be used for management activities that are departmental
1444 in nature and funded by indirect cost earnings and assessments
1445 against trust funds. Proprietary funds are excluded from the
1446 requirement of using an administrative trust fund.
1447 d. Grants and donations trust fund, for use as a depository
1448 for funds to be used for allowable grant or donor agreement
1449 activities funded by restricted contractual revenue from private
1450 and public nonfederal sources.
1451 e. Agency working capital trust fund, for use as a
1452 depository for funds to be used pursuant to s. 216.272.
1453 f. Clearing funds trust fund, for use as a depository for
1454 funds to account for collections pending distribution to lawful
1455 recipients.
1456 g. Federal grant trust fund, for use as a depository for
1457 funds to be used for allowable grant activities funded by
1458 restricted program revenues from federal sources.
1459
1460 To the extent possible, each agency must adjust its internal
1461 accounting to use existing trust funds consistent with the
1462 requirements of this subparagraph. If an agency does not have
1463 trust funds listed in this subparagraph and cannot make such
1464 adjustment, the agency must recommend the creation of the
1465 necessary trust funds to the Legislature no later than the next
1466 scheduled review of the agency’s trust funds pursuant to s.
1467 215.3206.
1468 3. All such moneys are hereby appropriated to be expended
1469 in accordance with the law or trust agreement under which they
1470 were received, subject always to the provisions of chapter 216
1471 relating to the appropriation of funds and to the applicable
1472 laws relating to the deposit or expenditure of moneys in the
1473 State Treasury.
1474 4.a. Notwithstanding any provision of law restricting the
1475 use of trust funds to specific purposes, unappropriated cash
1476 balances from selected trust funds may be authorized by the
1477 Legislature for transfer to the Budget Stabilization Fund and
1478 General Revenue Fund in the General Appropriations Act.
1479 b. This subparagraph does not apply to trust funds required
1480 by federal programs or mandates; trust funds established for
1481 bond covenants, indentures, or resolutions whose revenues are
1482 legally pledged by the state or public body to meet debt service
1483 or other financial requirements of any debt obligations of the
1484 state or any public body; the Division of Licensing Trust Fund
1485 in the Department of Agriculture and Consumer Services; the
1486 State Transportation Trust Fund; the trust fund containing the
1487 net annual proceeds from the Florida Education Lotteries; the
1488 Florida Retirement System Trust Fund; trust funds under the
1489 management of the State Board of Education or the Board of
1490 Governors of the State University System, where such trust funds
1491 are for auxiliary enterprises, self-insurance, and contracts,
1492 grants, and donations, as those terms are defined by general
1493 law; trust funds that serve as clearing funds or accounts for
1494 the Chief Financial Officer or state agencies; trust funds that
1495 account for assets held by the state in a trustee capacity as an
1496 agent or fiduciary for individuals, private organizations, or
1497 other governmental units; and other trust funds authorized by
1498 the State Constitution.
1499 Section 46. The amendment to s. 215.32(2)(b), Florida
1500 Statutes, as carried forward by this act from chapter 2011-47,
1501 Laws of Florida, expires July 1, 2016, and the text of that
1502 paragraph shall revert to that in existence on June 30, 2011,
1503 except that any amendments to such text enacted other than by
1504 this act shall be preserved and continue to operate to the
1505 extent that such amendments are not dependent upon the portions
1506 of text which expire pursuant to this section.
1507 Section 47. In order to implement the issuance of new debt
1508 authorized in the 2015-2016 General Appropriations Act, and
1509 pursuant to s. 215.98, Florida Statutes, the Legislature
1510 determines that the authorization and issuance of debt for the
1511 2015-2016 fiscal year should be implemented and is in the best
1512 interest of the state. This section expires July 1, 2016.
1513 Section 48. In order to implement appropriations in the
1514 2015-2016 General Appropriations Act for state employee travel,
1515 the funds appropriated to each state agency, which may be used
1516 for travel by state employees, shall be limited during the 2015
1517 2016 fiscal year to travel for activities that are critical to
1518 each state agency’s mission. Funds may not be used for travel by
1519 state employees to foreign countries, other states, conferences,
1520 staff training activities, or other administrative functions
1521 unless the agency head has approved, in writing, that such
1522 activities are critical to the agency’s mission. The agency head
1523 shall consider using teleconferencing and other forms of
1524 electronic communication to meet the needs of the proposed
1525 activity before approving mission-critical travel. This section
1526 does not apply to travel for law enforcement purposes, military
1527 purposes, emergency management activities, or public health
1528 activities. This section expires July 1, 2016.
1529 Section 49. In order to implement Specific Appropriations
1530 2906 through 2927 of the 2015-2016 General Appropriations Act,
1531 funded from the data processing appropriation category for
1532 computing services of user agencies, and pursuant to the notice,
1533 review, and objection procedures of s. 216.177, Florida
1534 Statutes, the Executive Office of the Governor may transfer
1535 funds appropriated for data processing in the 2015-2016 General
1536 Appropriations Act between agencies in order to align the budget
1537 authority granted with the utilization rate of each department.
1538 This section expires July 1, 2016.
1539 Section 50. In order to implement appropriations authorized
1540 in the 2015-2016 General Appropriations Act for data center
1541 services, and notwithstanding s. 216.292(2)(a), Florida
1542 Statutes, except as authorized in section 49 of this act, an
1543 agency may not transfer funds from a data processing category to
1544 a category other than another data processing category. This
1545 section expires July 1, 2016.
1546 Section 51. In order to implement Specific Appropriation
1547 2887 of the 2015-2016 General Appropriations Act, the Executive
1548 Office of the Governor may transfer funds appropriated in the
1549 appropriation category “Expenses” of the 2015-2016 General
1550 Appropriations Act between agencies in order to allocate a
1551 reduction relating to SUNCOM Network services. This section
1552 expires July 1, 2016.
1553 Section 52. In order to implement section 8 of the 2015
1554 2016 General Appropriations Act, section 110.12315, Florida
1555 Statutes, is reenacted to read:
1556 110.12315 Prescription drug program.—The state employees’
1557 prescription drug program is established. This program shall be
1558 administered by the Department of Management Services, according
1559 to the terms and conditions of the plan as established by the
1560 relevant provisions of the annual General Appropriations Act and
1561 implementing legislation, subject to the following conditions:
1562 (1) The department shall allow prescriptions written by
1563 health care providers under the plan to be filled by any
1564 licensed pharmacy pursuant to contractual claims-processing
1565 provisions. Nothing in this section may be construed as
1566 prohibiting a mail order prescription drug program distinct from
1567 the service provided by retail pharmacies.
1568 (2) In providing for reimbursement of pharmacies for
1569 prescription medicines dispensed to members of the state group
1570 health insurance plan and their dependents under the state
1571 employees’ prescription drug program:
1572 (a) Retail pharmacies participating in the program must be
1573 reimbursed at a uniform rate and subject to uniform conditions,
1574 according to the terms and conditions of the plan.
1575 (b) There shall be a 30-day supply limit for prescription
1576 card purchases, a 90-day supply limit for maintenance
1577 prescription drug purchases, and a 90-day supply limit for mail
1578 order or mail order prescription drug purchases.
1579 (c) The pharmacy dispensing fee shall be negotiated by the
1580 department.
1581 (3) Pharmacy reimbursement rates shall be as follows:
1582 (a) For mail order and specialty pharmacies contracting
1583 with the department, reimbursement rates shall be as established
1584 in the contract.
1585 (b) For retail pharmacies, the reimbursement rate shall be
1586 at the same rate as mail order pharmacies under contract with
1587 the department.
1588 (4) The department shall maintain the preferred brand name
1589 drug list to be used in the administration of the state
1590 employees’ prescription drug program.
1591 (5) The department shall maintain a list of maintenance
1592 drugs.
1593 (a) Preferred provider organization health plan members may
1594 have prescriptions for maintenance drugs filled up to three
1595 times as a 30-day supply through a retail pharmacy; thereafter,
1596 prescriptions for the same maintenance drug must be filled as a
1597 90-day supply either through the department’s contracted mail
1598 order pharmacy or through a retail pharmacy.
1599 (b) Health maintenance organization health plan members may
1600 have prescriptions for maintenance drugs filled as a 90-day
1601 supply either through a mail order pharmacy or through a retail
1602 pharmacy.
1603 (6) Copayments made by health plan members for a 90-day
1604 supply through a retail pharmacy shall be the same as copayments
1605 made for a 90-day supply through the department’s contracted
1606 mail order pharmacy.
1607 (7) The department shall establish the reimbursement
1608 schedule for prescription pharmaceuticals dispensed under the
1609 program. Reimbursement rates for a prescription pharmaceutical
1610 must be based on the cost of the generic equivalent drug if a
1611 generic equivalent exists, unless the physician prescribing the
1612 pharmaceutical clearly states on the prescription that the brand
1613 name drug is medically necessary or that the drug product is
1614 included on the formulary of drug products that may not be
1615 interchanged as provided in chapter 465, in which case
1616 reimbursement must be based on the cost of the brand name drug
1617 as specified in the reimbursement schedule adopted by the
1618 department.
1619 (8) The department shall conduct a prescription utilization
1620 review program. In order to participate in the state employees’
1621 prescription drug program, retail pharmacies dispensing
1622 prescription medicines to members of the state group health
1623 insurance plan or their covered dependents, or to subscribers or
1624 covered dependents of a health maintenance organization plan
1625 under the state group insurance program, shall make their
1626 records available for this review.
1627 (9) The department shall implement such additional cost
1628 saving measures and adjustments as may be required to balance
1629 program funding within appropriations provided, including a
1630 trial or starter dose program and dispensing of long-term
1631 maintenance medication in lieu of acute therapy medication.
1632 (10) Participating pharmacies must use a point-of-sale
1633 device or an online computer system to verify a participant’s
1634 eligibility for coverage. The state is not liable for
1635 reimbursement of a participating pharmacy for dispensing
1636 prescription drugs to any person whose current eligibility for
1637 coverage has not been verified by the state’s contracted
1638 administrator or by the department.
1639 (11) Under the state employees’ prescription drug program
1640 copayments must be made as follows:
1641 (a) Effective January 1, 2013, for the State Group Health
1642 Insurance Standard Plan:
1643 1. For generic drug with card.........................$7.
1644 2. For preferred brand name drug with card...........$30.
1645 3. For nonpreferred brand name drug with card........$50.
1646 4. For generic mail order drug.......................$14.
1647 5. For preferred brand name mail order drug..........$60.
1648 6. For nonpreferred brand name mail order drug......$100.
1649 (b) Effective January 1, 2006, for the State Group Health
1650 Insurance High Deductible Plan:
1651 1. Retail coinsurance for generic drug with card.....30%.
1652 2. Retail coinsurance for preferred brand name drug with
1653 card........................................................30%.
1654 3. Retail coinsurance for nonpreferred brand name drug with
1655 card........................................................50%.
1656 4. Mail order coinsurance for generic drug...........30%.
1657 5. Mail order coinsurance for preferred brand name drug30%.
1658 6. Mail order coinsurance for nonpreferred brand name
1659 drug........................................................50%.
1660 (c) The department shall create a preferred brand name drug
1661 list to be used in the administration of the state employees’
1662 prescription drug program.
1663 Section 53. (1) The amendments to s. 110.12315(2)(b),
1664 Florida Statutes, as carried forward by this act from chapters
1665 2013-41 and 2014-53, Laws of Florida, expire July 1, 2016, and
1666 the text of that paragraph shall revert to that in existence on
1667 June 30, 2012, except that any amendments to such text enacted
1668 other than by this act shall be preserved and continue to
1669 operate to the extent that such amendments are not dependent
1670 upon the portions of text which expire pursuant to this section.
1671 (2) The amendments to s. 110.12315(2)(c) and (3)-(10),
1672 Florida Statutes, as carried forward by this act from chapter
1673 2014-53, Laws of Florida, expire July 1, 2016, and the text of
1674 present s. 110.12315(2)(c) and (7)-(10), Florida Statutes,
1675 shall, respectively, revert to the former text of s.
1676 110.12315(2)(c) and (3)-(6), Florida Statutes, in existence on
1677 June 30, 2014, except that any amendments to such text enacted
1678 other than by this act shall be preserved and continue to
1679 operate to the extent that such amendments are not dependent
1680 upon the portions of text which expire pursuant to this section.
1681 (3) The amendment to s. 110.12315(7)(a), Florida Statutes,
1682 as carried forward by this act from chapter 2013-41, Laws of
1683 Florida, and the amendment that renumbered that paragraph as s.
1684 110.12315(11)(a), Florida Statutes, as carried forward by this
1685 act from chapter 2014-53, Laws of Florida, expire July 1, 2016,
1686 and the text of that paragraph shall revert to that in existence
1687 on December 31, 2010, except that any amendments to such text
1688 enacted other than by this act shall be preserved and continue
1689 to operate to the extent that such amendments are not dependent
1690 upon the portions of text which expire pursuant to this section.
1691 Section 54. Any section of this act which implements a
1692 specific appropriation or specifically identified proviso
1693 language in the 2015-2016 General Appropriations Act is void if
1694 the specific appropriation or specifically identified proviso
1695 language is vetoed. Any section of this act which implements
1696 more than one specific appropriation or more than one portion of
1697 specifically identified proviso language in the 2015-2016
1698 General Appropriations Act is void if all the specific
1699 appropriations or portions of specifically identified proviso
1700 language are vetoed.
1701 Section 55. If any other act passed during the 2015 Regular
1702 Session contains a provision that is substantively the same as a
1703 provision in this act, but that removes or is otherwise not
1704 subject to the future repeal applied to such provision by this
1705 act, the Legislature intends that the provision in the other act
1706 takes precedence and continues to operate, notwithstanding the
1707 future repeal provided by this act.
1708 Section 56. If any provision of this act or its application
1709 to any person or circumstance is held invalid, the invalidity
1710 does not affect other provisions or applications of the act
1711 which can be given effect without the invalid provision or
1712 application, and to this end the provisions of this act are
1713 severable.
1714 Section 57. Except as otherwise expressly provided in this
1715 act and except for this section, which shall take effect upon
1716 this act becoming a law, this act shall take effect July 1,
1717 2015; or, if this act fails to become a law until after that
1718 date, it shall take effect upon becoming a law and operate
1719 retroactively to July 1, 2015.