Florida Senate - 2016                                    SB 2502
       
       
        
       By the Committee on Appropriations
       
       576-03007-16                                          20162502__
    1                        A bill to be entitled                      
    2         An act implementing the 2016-2017 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         specifying the required ad valorem tax millage
    9         contribution by certain district school boards for
   10         certain funded construction projects; amending s.
   11         1011.62, F.S.; revising the method for allocating
   12         funds for exceptional student education programs;
   13         extending by 1 fiscal year the requirement that
   14         specified school districts use certain funds toward
   15         additional intensive reading instruction; specifying
   16         the method for determining the 300 lowest-performing
   17         elementary schools; requiring categorical funds for
   18         supplemental academic instruction to be provided for
   19         in the Florida Education Finance Program; specifying
   20         the method of determining the allocation of
   21         categorical funding; providing for the recalculation
   22         of categorical funding; requiring an allocation to be
   23         prorated if certain conditions exist; revising the
   24         computation of the district sparsity index for
   25         districts that meet certain criteria; deleting
   26         obsolete language; creating a federally connected
   27         student supplement for school districts; specifying
   28         eligibility requirements and calculations for
   29         allocations of the supplement; conforming cross
   30         references; amending s. 1011.71, F.S.; conforming a
   31         cross-reference; providing for the future expiration
   32         and reversion of specified statutory text; amending s.
   33         1004.935, F.S.; extending the date by which the Adults
   34         with Disabilities Workforce Education Pilot Program
   35         may operate; providing for the future expiration and
   36         reversion of specified statutory text; amending s.
   37         1013.74, F.S.; authorizing a university board of
   38         trustees to expend certain reserve or carry forward
   39         balances from a prior year for specified capital
   40         outlay projects if certain conditions are met;
   41         amending s. 1001.92, F.S.; revising requirements for
   42         the performance-based metrics adopted by the Board of
   43         Governors of the State University System for purposes
   44         of the State University System Performance-Based
   45         Incentive; requiring the Board of Governors to
   46         establish eligibility thresholds to determine a state
   47         university’s eligibility to receive performance
   48         funding; creating s. 1001.66, F.S.; requiring a
   49         Florida College System Performance-Based Incentive to
   50         be awarded to Florida College System institutions
   51         using certain performance-based metrics and benchmarks
   52         adopted by the State Board of Education; specifying
   53         allocation of the funds; requiring the State Board of
   54         Education to establish eligibility thresholds to
   55         determine an institution’s eligibility to receive
   56         performance funding; requiring certain funds to be
   57         withheld from, and certain improvement plans to be
   58         submitted to the State Board of Education by,
   59         institutions based on specified performance;
   60         specifying monitoring and reporting requirements for
   61         improvement plans; requiring the Commissioner of
   62         Education to withhold disbursement of specified funds
   63         until certain conditions are met; specifying
   64         requirements regarding the distribution of funds;
   65         requiring the State Board of Education to report to
   66         the Governor and the Legislature regarding the
   67         performance funding allocation; amending s. 1012.75,
   68         F.S.; extending by 1 fiscal year provisions
   69         authorizing the Department of Education to administer
   70         an educator liability insurance program; creating s.
   71         1001.67, F.S.; establishing the Distinguished Florida
   72         College System institution program; specifying the
   73         excellence standards for purposes of the program;
   74         prescribing minimum criteria for an institution to
   75         receive a distinguished college designation;
   76         specifying that designated institutions are eligible
   77         for funding as provided in the General Appropriations
   78         Act; amending s. 1001.7065, F.S., and reenacting
   79         subsection (1), relating to the preeminent state
   80         research universities program; revising academic and
   81         research excellence standards for the preeminent state
   82         research universities program; requiring the Board of
   83         Governors to designate a state university that meets
   84         certain criteria as an “emerging preeminent state
   85         research university”; revising provisions governing
   86         the award of funds to a designated preeminent state
   87         research university; requiring an emerging preeminent
   88         state research university to submit a benchmark plan
   89         to the board; specifying the method of determining
   90         funding amounts; deleting a provision establishing the
   91         Preeminent State Research University Enhancement
   92         Initiative; removing authority for a state research
   93         university to establish special course requirements;
   94         providing for the future expiration and reversion of
   95         specified statutory text; authorizing the Agency for
   96         Health Care Administration to submit a budget
   97         amendment to realign funding based upon a specified
   98         model, methodology, and framework; specifying
   99         requirements for such realignment; requiring the
  100         Agency for Persons with Disabilities to offer
  101         enrollment in the Medicaid home and community-based
  102         waiver to certain individuals; specifying criteria for
  103         enrollment prioritization; requiring an individual to
  104         be allowed to receive home and community-based
  105         services if his or her parent or legal guardian is an
  106         active-duty servicemember transferred to this state
  107         under certain circumstances; providing that
  108         individuals remaining on the wait list are not
  109         entitled to a hearing in accordance with federal law
  110         or an administrative proceeding under state law;
  111         specifying the requirements that apply to the iBudgets
  112         of clients on the home and community-based services
  113         waiver until the Agency for Persons with Disabilities
  114         adopts a new allocation algorithm and methodology by
  115         final rule; providing for application of the new
  116         allocation algorithm and methodology after adoption of
  117         the final rule; providing requirements for an increase
  118         in iBudget funding allocations; amending s. 296.37,
  119         F.S.; extending for 1 fiscal year the requirement that
  120         certain residents of a veterans’ nursing home
  121         contribute to their maintenance and support; requiring
  122         the Agency for Health Care Administration to ensure
  123         that nursing facility residents who are eligible for
  124         funds to transition to home and community-based
  125         services waivers have resided in a skilled nursing
  126         facility residency for a specified period; requiring
  127         the Agency for Health Care Administration and the
  128         Department of Elderly Affairs to prioritize
  129         individuals for enrollment in the Medicaid Long-Term
  130         Care Waiver program using a certain frailty-based
  131         screening; authorizing the Agency for Health Care
  132         Administration to adopt rules and enter into certain
  133         interagency agreements with respect to program
  134         enrollment; authorizing the delegation of certain
  135         responsibilities with respect to program enrollment;
  136         authorizing the Agency for Health Care Administration,
  137         in consultation with the Department of Health, to
  138         submit a budget amendment to reflect certain
  139         enrollment changes within the Children’s Medical
  140         Services Network; authorizing the agency to submit a
  141         request for nonoperating budget authority to transfer
  142         federal funds to the Department of Health under
  143         certain circumstances; incorporating by reference
  144         certain calculations of the Medicaid Low-Income Pool,
  145         Disproportionate Share Hospital, and hospital
  146         reimbursement programs for the 2016-2017 fiscal year;
  147         amending s. 893.055, F.S.; extending for 1 fiscal year
  148         the authority of the Department of Health to use
  149         certain funds to administer the prescription drug
  150         monitoring program; prohibiting the use of funds
  151         received from a settlement agreement to administer the
  152         program; amending s. 216.262, F.S.; extending for 1
  153         fiscal year the authority of the Department of
  154         Corrections to submit a budget amendment for
  155         additional positions and appropriations under certain
  156         circumstances; authorizing the Department of Legal
  157         Affairs to expend certain appropriated funds on
  158         programs that were funded by the department from
  159         specific appropriations in general appropriations acts
  160         in previous years; amending s. 932.7055, F.S.;
  161         extending for 1 fiscal year the authority for a
  162         municipality to expend funds from its special law
  163         enforcement trust fund to reimburse its general fund
  164         for certain moneys; amending s. 215.18, F.S.;
  165         extending for 1 fiscal year the authority and related
  166         repayment requirements for trust fund loans to the
  167         state court system which are sufficient to meet the
  168         system’s appropriation; prohibiting the Department of
  169         Corrections from transferring funds from a salaries
  170         and benefits category to another category unless
  171         approved by the Legislative Budget Commission;
  172         requiring the Department of Juvenile Justice to review
  173         county juvenile detention payments to determine if the
  174         county has met specified financial responsibilities;
  175         requiring amounts owed by the county for such
  176         financial responsibilities to be deducted from certain
  177         county funds; requiring the Department of Revenue to
  178         ensure that such deductions do not reduce
  179         distributions below amounts necessary for certain
  180         payments relating to bonds; requiring the Department
  181         of Revenue to notify the Department of Juvenile
  182         Justice if bond payment requirements require a
  183         reduction in deductions for amounts owed by a county;
  184         amending s. 27.5304, F.S.; revising certain
  185         limitations on compensation for private court
  186         appointed counsel; providing for the future expiration
  187         and reversion of specified statutory text; amending s.
  188         28.36, F.S.; prescribing procedures regarding the
  189         distribution of funds appropriated in the General
  190         Appropriations Act for the clerks of the court for the
  191         2015-2016 and the 2016-2017 county fiscal years;
  192         specifying the manner in which funds must be released;
  193         requiring the Department of Management Services to use
  194         tenant broker services to renegotiate or reprocure
  195         private lease agreements for office or storage space;
  196         requiring the Department of Management Services to
  197         provide a report to the Governor and the Legislature
  198         by a specified date; reenacting s. 624.502, F.S.,
  199         relating to the deposit of fees for service of process
  200         made upon the Chief Financial Officer or the Director
  201         of the Office of Insurance Regulation into the
  202         Administrative Trust Fund; providing for the future
  203         expiration and reversion of specified statutory text;
  204         reenacting s. 282.709(2)(a), F.S., relating to the
  205         creation and membership of the Joint Task Force on
  206         State Agency Law Enforcement Communications; providing
  207         for the future expiration and reversion of specified
  208         statutory text; specifying the amount of the
  209         transaction fee to be collected for use of the online
  210         procurement system; amending s. 259.105, F.S.;
  211         revising the distribution of certain proceeds from
  212         cash payments or bonds issued pursuant to the Florida
  213         Forever Act for the 2016-2017 fiscal year; requiring
  214         that a minimum allocation of funds for the Florida
  215         Communities Trust be applied towards projects
  216         acquiring conservation or recreation lands to enhance
  217         recreational opportunities for individuals with unique
  218         abilities; amending s. 375.075, F.S.; requiring that a
  219         minimum amount of funds for the Florida Recreation
  220         Development Assistance Program be used towards
  221         projects providing recreational enhancements and
  222         opportunities for individuals with unique abilities;
  223         requiring the Department of Environmental Protection
  224         to award grants by a specified date; revising the
  225         limitation on the number of grant applications a local
  226         government may submit; requiring the department to
  227         prioritize certain projects; amending s. 380.507,
  228         F.S.; revising the powers of the Florida Communities
  229         Trust to authorize the undertaking, coordination, and
  230         funding of projects that provide accessibility,
  231         availability, or adaptability of conservation or
  232         recreation lands for individuals with unique
  233         abilities; amending s. 216.181, F.S.; extending by 1
  234         fiscal year the authority for the Legislative Budget
  235         Commission to increase amounts appropriated to the
  236         Fish and Wildlife Conservation Commission or the
  237         Department of Environmental Protection for certain
  238         fixed capital outlay projects; amending s. 206.9935,
  239         F.S.; exempting specified revenues from the
  240         calculation of the unobligated balance of the Water
  241         Quality Assurance Trust Fund; providing for the future
  242         expiration and reversion of specified statutory text;
  243         amending s. 403.709, F.S.; extending by 1 fiscal year
  244         provisions governing the establishment of a solid
  245         waste landfill closure account within the Solid Waste
  246         Management Trust Fund; reviving, reenacting, and
  247         amending s. 403.7095(5), F.S.; requiring the
  248         Department of Environmental Protection to award a
  249         certain sum of grant funds for specified solid waste
  250         management programs to counties that meet certain
  251         criteria; amending s. 215.18, F.S.; extending by 1
  252         fiscal year the authority for the Governor to transfer
  253         funds from other trust funds in the State Treasury as
  254         a temporary loan to certain land acquisition trust
  255         funds with a deficit; requiring the Department of
  256         Environmental Protection to transfer revenues
  257         deposited in the Land Acquisition Trust Fund within
  258         the department to land acquisition trust funds in the
  259         Department of Agriculture and Consumer Services, the
  260         Department of State, and the Fish and Wildlife
  261         Conservation Commission according to specified
  262         parameters and calculations; defining the term
  263         “department”; requiring the department to retain a
  264         proportionate share of revenues; specifying a limit on
  265         distributions; amending s. 376.3071, F.S.; specifying
  266         that earned interest may be transferred between the
  267         Inland Protection Trust Fund and the Water Quality
  268         Assurance Trust Fund as authorized by the General
  269         Appropriations Act; providing for the future
  270         expiration and reversion of specified statutory text;
  271         amending s. 288.047, F.S.; specifying requirements and
  272         limitations with respect to the approval of
  273         applications, the execution of agreements, and
  274         reimbursement amounts under the Quick-Response
  275         Training Program; requiring the Department of Economic
  276         Opportunity to transfer funds to CareerSource Florida,
  277         Inc., if certain conditions exist; authorizing
  278         CareerSource Florida, Inc., to request an advance of
  279         the appropriation for the program; requiring
  280         CareerSource Florida, Inc., to set aside a specified
  281         percent of a certain appropriation to fund
  282         instructional programs for businesses located in a
  283         rural area of opportunity under certain circumstances;
  284         authorizing, rather than requiring, an educational
  285         institution receiving program funding to be included
  286         in the grant agreement prepared by CareerSource
  287         Florida, Inc.; authorizing certain matching
  288         contributions to be counted toward the private sector
  289         support of Enterprise Florida, Inc.; providing for the
  290         future expiration and reversion of specified statutory
  291         text; amending s. 339.135, F.S., and reviving,
  292         reenacting, and amending paragraphs (4)(j) and (5)(c);
  293         extending by 1 fiscal year provisions requiring the
  294         Department of Transportation to use appropriated funds
  295         for purposes related to the establishment of a
  296         multiuse trail system; authorizing the department to
  297         use up to a certain amount of appropriated funds for
  298         strategic and regionally significant transportation
  299         projects; amending s. 339.2818, F.S.; redefining the
  300         term “small county” for purposes of the Small County
  301         Outreach Program; reenacting s. 341.302(10), F.S.,
  302         relating to the Department of Transportation’s duties
  303         and responsibilities for the rail program; providing
  304         for the future expiration and reversion of specified
  305         statutory text; amending s. 339.2816, F.S.; specifying
  306         the amount of funding from the State Transportation
  307         Trust Fund that may be used for the Small County Road
  308         Assistance Program for the 2016-2017 fiscal year;
  309         providing for the future expiration and reversion of
  310         specified statutory text; amending s. 420.9072, F.S.;
  311         extending by 1 fiscal year provisions authorizing each
  312         county and eligible municipality to use its portion of
  313         the local housing distribution for certain purposes;
  314         amending s. 420.5087, F.S.; extending by 1 fiscal year
  315         provisions specifying the reservation of funds for the
  316         tenant groups within each notice of fund availability
  317         with respect to the State Apartment Incentive Loan
  318         Program; requiring the Florida Housing Finance
  319         Corporation to issue a notice of fund availability for
  320         loans to be used for certain purposes; amending s.
  321         427.013, F.S.; requiring the Commission for the
  322         Transportation Disadvantaged to allocate and award
  323         appropriated funds for specified purposes; reenacting
  324         s. 216.292(2)(a), F.S., relating to exceptions for
  325         nontransferable appropriations; providing for the
  326         future expiration and reversion of specified statutory
  327         text; prohibiting a state agency from initiating a
  328         competitive solicitation for a product or service
  329         under certain circumstances; providing an exception;
  330         authorizing the Executive Office of the Governor to
  331         transfer funds between departments for purposes of
  332         aligning amounts paid for risk management premiums and
  333         for human resource management services; amending s.
  334         112.24, F.S.; extending by 1 fiscal year the
  335         authorization, subject to specified requirements, for
  336         the assignment of an employee of a state agency under
  337         an employee interchange agreement; providing that the
  338         annual salaries of the members of the Legislature
  339         shall be maintained at a specified level; reenacting
  340         s. 215.32(2)(b), F.S., relating to the source and use
  341         of certain trust funds; providing for the future
  342         expiration and reversion of specified statutory text;
  343         providing a legislative determination that the
  344         issuance of new debt is in the best interests of the
  345         state; limiting the use of travel funds to activities
  346         that are critical to an agency’s mission; providing
  347         exceptions; authorizing the Executive Office of the
  348         Governor to transfer funds appropriated for data
  349         processing between agencies for a specified purpose;
  350         authorizing the Executive Office of the Governor to
  351         transfer funds appropriated for certain data
  352         processing services between departments for a
  353         specified purpose; prohibiting an agency from
  354         transferring funds from a data processing category to
  355         another category that is not a data processing
  356         category; authorizing the Executive Office of the
  357         Governor to transfer certain funds between agencies in
  358         order to allocate a reduction relating to SUNCOM
  359         Network services; reenacting s. 110.12315, F.S.,
  360         relating to the state employees’ prescription drug
  361         program; providing for the future expiration and
  362         reversion of specified statutory text; providing for
  363         the effect of a veto of one or more specific
  364         appropriations or proviso to which implementing
  365         language refers; providing for the continued operation
  366         of certain provisions notwithstanding a future repeal
  367         or expiration provided by the act; providing for
  368         severability; providing effective dates.
  369          
  370  Be It Enacted by the Legislature of the State of Florida:
  371  
  372         Section 1. It is the intent of the Legislature that the
  373  implementing and administering provisions of this act apply to
  374  the General Appropriations Act for the 2016-2017 fiscal year.
  375         Section 2. In order to implement Specific Appropriations 7,
  376  8, 9, 94, and 95 of the 2016-2017 General Appropriations Act,
  377  the calculations of the Florida Education Finance Program for
  378  the 2016-2017 fiscal year in the document titled “Public School
  379  Funding: The Florida Education Finance Program,” dated XX, 2016,
  380  and filed with the Secretary of the Senate, are incorporated by
  381  reference for the purpose of displaying the calculations used by
  382  the Legislature, consistent with the requirements of state law,
  383  in making appropriations for the Florida Education Finance
  384  Program. This section expires July 1, 2017.
  385         Section 3. In order to implement Specific Appropriations 7
  386  and 94 of the 2016-2017 General Appropriations Act and
  387  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  388  1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
  389  expenditure of funds provided for instructional materials, for
  390  the 2016-2017 fiscal year, funds provided for instructional
  391  materials shall be released and expended as required in the
  392  proviso language for Specific Appropriation 94 of the 2016-2017
  393  General Appropriations Act. This section expires July 1, 2017.
  394         Section 4. In order to implement Specific Appropriation 23
  395  of the 2016-2017 General Appropriations Act and notwithstanding
  396  s. 1013.64(2), Florida Statutes, any district school board that
  397  generates less than $2 million in revenue from a 1-mill levy of
  398  ad valorem tax shall contribute 0.75 mill for the 2016-2017
  399  fiscal year toward the cost of funded special facilities
  400  construction projects. This section expires July 1, 2017.
  401         Section 5. In order to implement Specific Appropriations 7
  402  and 94 of the 2016-2017 General Appropriations Act, paragraphs
  403  (e) and (f) of subsection (1), paragraph (a) of subsection (4),
  404  paragraph (b) of subsection (7), paragraph (a) of subsection
  405  (9), and present subsection (13) of section 1011.62, Florida
  406  Statutes, are amended, present subsections (13), (14), and (15)
  407  of that section are renumbered as subsections (14), (15), and
  408  (16), respectively, and a new subsection (13) is added to that
  409  section, to read:
  410         1011.62 Funds for operation of schools.—If the annual
  411  allocation from the Florida Education Finance Program to each
  412  district for operation of schools is not determined in the
  413  annual appropriations act or the substantive bill implementing
  414  the annual appropriations act, it shall be determined as
  415  follows:
  416         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  417  OPERATION.—The following procedure shall be followed in
  418  determining the annual allocation to each district for
  419  operation:
  420         (e) Funding model for exceptional student education
  421  programs.—
  422         1.a. The funding model uses basic, at-risk, support levels
  423  IV and V for exceptional students and career Florida Education
  424  Finance Program cost factors, and a guaranteed allocation for
  425  exceptional student education programs. Exceptional education
  426  cost factors are determined by using a matrix of services to
  427  document the services that each exceptional student will
  428  receive. The nature and intensity of the services indicated on
  429  the matrix shall be consistent with the services described in
  430  each exceptional student’s individual educational plan. The
  431  Department of Education shall review and revise the descriptions
  432  of the services and supports included in the matrix of services
  433  for exceptional students and shall implement those revisions
  434  before the beginning of the 2012-2013 school year.
  435         b. In order to generate funds using one of the two weighted
  436  cost factors, a matrix of services must be completed at the time
  437  of the student’s initial placement into an exceptional student
  438  education program and at least once every 3 years by personnel
  439  who have received approved training. Nothing listed in the
  440  matrix shall be construed as limiting the services a school
  441  district must provide in order to ensure that exceptional
  442  students are provided a free, appropriate public education.
  443         c. Students identified as exceptional, in accordance with
  444  chapter 6A-6, Florida Administrative Code, who do not have a
  445  matrix of services as specified in sub-subparagraph b. shall
  446  generate funds on the basis of full-time-equivalent student
  447  membership in the Florida Education Finance Program at the same
  448  funding level per student as provided for basic students.
  449  Additional funds for these exceptional students will be provided
  450  through the guaranteed allocation designated in subparagraph 2.
  451         2. For students identified as exceptional who do not have a
  452  matrix of services and students who are gifted in grades K
  453  through 8, there is created a guaranteed allocation to provide
  454  these students with a free appropriate public education, in
  455  accordance with s. 1001.42(4)(l) and rules of the State Board of
  456  Education, which shall be allocated initially annually to each
  457  school district in the amount provided in the General
  458  Appropriations Act. These funds shall be supplemental in
  459  addition to the funds appropriated for the basic funding level
  460  on the basis of FTE student membership in the Florida Education
  461  Finance Program, and the amount allocated for each school
  462  district shall not be recalculated once during the year, based
  463  on actual student membership from the October FTE survey. Upon
  464  recalculation, if the generated allocation is greater than the
  465  amount provided in the General Appropriations Act, the total
  466  shall be prorated to the level of the appropriation based on
  467  each district’s share of the total recalculated amount. These
  468  funds shall be used to provide special education and related
  469  services for exceptional students and students who are gifted in
  470  grades K through 8. Beginning with the 2007-2008 fiscal year, A
  471  district’s expenditure of funds from the guaranteed allocation
  472  for students in grades 9 through 12 who are gifted may not be
  473  greater than the amount expended during the 2006-2007 fiscal
  474  year for gifted students in grades 9 through 12.
  475         (f) Supplemental academic instruction; categorical fund.—
  476         1. There is created a categorical fund to provide
  477  supplemental academic instruction to students in kindergarten
  478  through grade 12. This paragraph may be cited as the
  479  “Supplemental Academic Instruction Categorical Fund.”
  480         2. The categorical fund funds for supplemental academic
  481  instruction shall be allocated annually to each school district
  482  in the amount provided in the General Appropriations Act. These
  483  funds shall be in addition to the funds appropriated on the
  484  basis of FTE student membership in the Florida Education Finance
  485  Program and shall be included in the total potential funds of
  486  each district. These funds shall be used to provide supplemental
  487  academic instruction to students enrolled in the K-12 program.
  488  For the 2016-2017 2014-2015 fiscal year, each school district
  489  that has one or more of the 300 lowest-performing elementary
  490  schools based on the state reading assessment shall use these
  491  funds, together with the funds provided in the district’s
  492  research-based reading instruction allocation and other
  493  available funds, to provide an additional hour of instruction
  494  beyond the normal school day for each day of the entire school
  495  year for intensive reading instruction for the students in each
  496  of these schools. This additional hour of instruction must be
  497  provided by teachers or reading specialists who are effective in
  498  teaching reading or by a K-5 mentoring reading program that is
  499  supervised by a teacher who is effective in at teaching reading.
  500  Students enrolled in these schools who have level 5 assessment
  501  scores may participate in the additional hour of instruction on
  502  an optional basis. Exceptional student education centers may
  503  shall not be included in the 300 schools. For the 2016-2017
  504  fiscal year, the 300 lowest-performing elementary schools shall
  505  be based on the 2015-2016 state reading assessment. After this
  506  requirement has been met, supplemental instruction strategies
  507  may include, but are not limited to: use of a modified
  508  curriculum, reading instruction, after-school instruction,
  509  tutoring, mentoring, a reduction in class size reduction, an
  510  extended school year, intensive skills development in summer
  511  school, and other methods of for improving student achievement.
  512  Supplemental instruction may be provided to a student in any
  513  manner and at any time during or beyond the regular 180-day term
  514  identified by the school as being the most effective and
  515  efficient way to best help that student progress from grade to
  516  grade and to graduate.
  517         3.Categorical funds for supplemental academic instruction
  518  shall be provided annually in the Florida Education Finance
  519  Program as specified in the General Appropriations Act. These
  520  funds shall be provided as a supplement to the funds
  521  appropriated for the basic funding level and shall be included
  522  in the total funds of each district. The allocation shall
  523  consist of a base amount that shall have a workload adjustment
  524  based on changes in unweighted FTE. In addition, districts that
  525  have elementary schools included in the 300 lowest-performing
  526  schools designation shall be allocated additional funds to
  527  assist those districts in providing intensive reading
  528  instruction to students in those schools. The amount provided
  529  shall be based on each district’s level of per-student funding
  530  in the reading instruction allocation and the supplemental
  531  academic instruction categorical fund and on the total FTE for
  532  each of the schools. The categorical funding shall be
  533  recalculated once during the fiscal year following an updated
  534  designation of the 300 lowest-performing elementary schools and
  535  shall be based on actual student membership from the October FTE
  536  survey. Upon recalculation of funding for the supplemental
  537  academic instruction categorical fund, if the total allocation
  538  is greater than the amount provided in the General
  539  Appropriations Act, the allocation shall be prorated to the
  540  level provided to support the appropriation, based on each
  541  district’s share of the total.
  542         4.3. Effective with the 1999-2000 fiscal year, funding on
  543  the basis of FTE membership beyond the 180-day regular term
  544  shall be provided in the FEFP only for students enrolled in
  545  juvenile justice education programs or in education programs for
  546  juveniles placed in secure facilities or programs under s.
  547  985.19. Funding for instruction beyond the regular 180-day
  548  school year for all other K-12 students shall be provided
  549  through the supplemental academic instruction categorical fund
  550  and other state, federal, and local fund sources with ample
  551  flexibility for schools to provide supplemental instruction to
  552  assist students in progressing from grade to grade and
  553  graduating.
  554         5.4. The Florida State University School, as a lab school,
  555  is authorized to expend from its FEFP or Lottery Enhancement
  556  Trust Fund allocation the cost to the student of remediation in
  557  reading, writing, or mathematics for any graduate who requires
  558  remediation at a postsecondary educational institution.
  559         6.5. Beginning in the 1999-2000 school year, dropout
  560  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  561  (b), and (c), and 1003.54 shall be included in group 1 programs
  562  under subparagraph (d)3.
  563         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  564  Legislature shall prescribe the aggregate required local effort
  565  for all school districts collectively as an item in the General
  566  Appropriations Act for each fiscal year. The amount that each
  567  district shall provide annually toward the cost of the Florida
  568  Education Finance Program for kindergarten through grade 12
  569  programs shall be calculated as follows:
  570         (a) Estimated taxable value calculations.—
  571         1.a. Not later than 2 working days prior to July 19, the
  572  Department of Revenue shall certify to the Commissioner of
  573  Education its most recent estimate of the taxable value for
  574  school purposes in each school district and the total for all
  575  school districts in the state for the current calendar year
  576  based on the latest available data obtained from the local
  577  property appraisers. The value certified shall be the taxable
  578  value for school purposes for that year, and no further
  579  adjustments shall be made, except those made pursuant to
  580  paragraphs (c) and (d), or an assessment roll change required by
  581  final judicial decisions as specified in paragraph (15)(b)
  582  (14)(b). Not later than July 19, the Commissioner of Education
  583  shall compute a millage rate, rounded to the next highest one
  584  one-thousandth of a mill, which, when applied to 96 percent of
  585  the estimated state total taxable value for school purposes,
  586  would generate the prescribed aggregate required local effort
  587  for that year for all districts. The Commissioner of Education
  588  shall certify to each district school board the millage rate,
  589  computed as prescribed in this subparagraph, as the minimum
  590  millage rate necessary to provide the district required local
  591  effort for that year.
  592         b. The General Appropriations Act shall direct the
  593  computation of the statewide adjusted aggregate amount for
  594  required local effort for all school districts collectively from
  595  ad valorem taxes to ensure that no school district’s revenue
  596  from required local effort millage will produce more than 90
  597  percent of the district’s total Florida Education Finance
  598  Program calculation as calculated and adopted by the
  599  Legislature, and the adjustment of the required local effort
  600  millage rate of each district that produces more than 90 percent
  601  of its total Florida Education Finance Program entitlement to a
  602  level that will produce only 90 percent of its total Florida
  603  Education Finance Program entitlement in the July calculation.
  604         2. On the same date as the certification in sub
  605  subparagraph 1.a., the Department of Revenue shall certify to
  606  the Commissioner of Education for each district:
  607         a. Each year for which the property appraiser has certified
  608  the taxable value pursuant to s. 193.122(2) or (3), if
  609  applicable, since the prior certification under sub-subparagraph
  610  1.a.
  611         b. For each year identified in sub-subparagraph a., the
  612  taxable value certified by the appraiser pursuant to s.
  613  193.122(2) or (3), if applicable, since the prior certification
  614  under sub-subparagraph 1.a. This is the certification that
  615  reflects all final administrative actions of the value
  616  adjustment board.
  617         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
  618         (b) The district sparsity index shall be computed by
  619  dividing the total number of full-time equivalent students in
  620  all programs in the district by the number of senior high school
  621  centers in the district, not in excess of three, which centers
  622  are approved as permanent centers by a survey made by the
  623  Department of Education. For districts with a full-time
  624  equivalent student membership of at least 20,000, but no more
  625  than 24,000, the index shall be computed by dividing the total
  626  number of full-time equivalent students in all programs by the
  627  number of permanent senior high school centers in the district,
  628  not in excess of four.
  629         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  630         (a) The research-based reading instruction allocation is
  631  created to provide comprehensive reading instruction to students
  632  in kindergarten through grade 12. For the 2016-2017 2014-2015
  633  fiscal year, in each school district that has one or more of the
  634  300 lowest-performing elementary schools based on the state
  635  reading assessment, priority shall be given to providing an
  636  additional hour per day of intensive reading instruction beyond
  637  the normal school day for each day of the entire school year for
  638  the students in each school. For the 2016-2017 fiscal year, the
  639  300 lowest-performing elementary schools shall be based on the
  640  2015-2016 state reading assessment. Students enrolled in these
  641  schools who have level 5 assessment scores may participate in
  642  the additional hour of instruction on an optional basis.
  643  Exceptional student education centers may shall not be included
  644  in the 300 schools. The intensive reading instruction delivered
  645  in this additional hour and for other students shall include:
  646  research-based reading instruction that has been proven to
  647  accelerate progress of students exhibiting a reading deficiency;
  648  differentiated instruction based on student assessment data to
  649  meet students’ specific reading needs; explicit and systematic
  650  reading development in phonemic awareness, phonics, fluency,
  651  vocabulary, and comprehension, with more extensive opportunities
  652  for guided practice, error correction, and feedback; and the
  653  integration of social studies, science, and mathematics-text
  654  reading, text discussion, and writing in response to reading.
  655  For the 2012-2013 and 2013-2014 fiscal years, a school district
  656  may not hire more reading coaches than were hired during the
  657  2011-2012 fiscal year unless all students in kindergarten
  658  through grade 5 who demonstrate a reading deficiency, as
  659  determined by district and state assessments, including students
  660  scoring Level 1 or Level 2 on the statewide, standardized
  661  reading assessment or, upon implementation, the English Language
  662  Arts assessment, are provided an additional hour per day of
  663  intensive reading instruction beyond the normal school day for
  664  each day of the entire school year.
  665         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  666  connected student supplement is created to provide supplemental
  667  funding for school districts to support the education of
  668  students connected with federally owned military installations,
  669  National Aeronautics and Space Administration (NASA) real
  670  property, and Indian lands. To be eligible for this supplement,
  671  the district must be eligible for federal Impact Aid Program
  672  funds under s. 8003 of Title VIII of the Elementary and
  673  Secondary Education Act of 1965. The supplement shall be
  674  allocated annually to each eligible school district in the
  675  amount provided in the General Appropriations Act. The
  676  supplement shall be the sum of the student allocation and an
  677  exempt property allocation.
  678         (a)The student allocation shall be calculated based on the
  679  number of students reported for federal Impact Aid Program
  680  funds, including students with disabilities, who meet one of the
  681  following criteria:
  682         1.The student has a parent who is on active duty in the
  683  uniformed services or is an accredited foreign government
  684  official and military officer. Students with disabilities shall
  685  also be reported separately for this category.
  686         2.The student resides on eligible federally owned Indian
  687  lands. Students with disabilities shall also be reported
  688  separately for this category.
  689         3.The student resides with a civilian parent who lives or
  690  works on eligible federal property connected with a military
  691  installation or NASA. The number of these students shall be
  692  multiplied by a factor of 0.5.
  693         (b)The total number of federally connected students
  694  calculated under paragraph (a) shall be multiplied by a
  695  percentage of the base student allocation as provided in the
  696  General Appropriations Act. The total of the number of students
  697  with disabilities as reported separately under subparagraphs
  698  (a)1. and (a)2. shall be multiplied by an additional percentage
  699  of the base student allocation as provided in the General
  700  Appropriations Act. The base amount and the amount for students
  701  with disabilities shall be summed to provide the student
  702  allocation.
  703         (c)The exempt property allocation shall be equal to the
  704  tax-exempt value of federal impact aid lands reserved as
  705  military installations, real property owned by NASA, or eligible
  706  federally owned Indian lands located in the district, as of
  707  January 1 of the previous year, multiplied by the millage
  708  authorized and levied under s. 1011.71(2).
  709         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  710  annually in the General Appropriations Act determine a
  711  percentage increase in funds per K-12 unweighted FTE as a
  712  minimum guarantee to each school district. The guarantee shall
  713  be calculated from prior year base funding per unweighted FTE
  714  student which shall include the adjusted FTE dollars as provided
  715  in subsection (15) (14), quality guarantee funds, and actual
  716  nonvoted discretionary local effort from taxes. From the base
  717  funding per unweighted FTE, the increase shall be calculated for
  718  the current year. The current year funds from which the
  719  guarantee shall be determined shall include the adjusted FTE
  720  dollars as provided in subsection (15) (14) and potential
  721  nonvoted discretionary local effort from taxes. A comparison of
  722  current year funds per unweighted FTE to prior year funds per
  723  unweighted FTE shall be computed. For those school districts
  724  which have less than the legislatively assigned percentage
  725  increase, funds shall be provided to guarantee the assigned
  726  percentage increase in funds per unweighted FTE student. Should
  727  appropriated funds be less than the sum of this calculated
  728  amount for all districts, the commissioner shall prorate each
  729  district’s allocation. This provision shall be implemented to
  730  the extent specifically funded.
  731         Section 6. In order to implement Specific Appropriations 7
  732  and 94 of the 2016-2017 General Appropriations Act, subsection
  733  (1) of section 1011.71, Florida Statutes, is amended to read:
  734         1011.71 District school tax.—
  735         (1) If the district school tax is not provided in the
  736  General Appropriations Act or the substantive bill implementing
  737  the General Appropriations Act, each district school board
  738  desiring to participate in the state allocation of funds for
  739  current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
  740  shall levy on the taxable value for school purposes of the
  741  district, exclusive of millage voted under the provisions of s.
  742  9(b) or s. 12, Art. VII of the State Constitution, a millage
  743  rate not to exceed the amount certified by the commissioner as
  744  the minimum millage rate necessary to provide the district
  745  required local effort for the current year, pursuant to s.
  746  1011.62(4)(a)1. In addition to the required local effort millage
  747  levy, each district school board may levy a nonvoted current
  748  operating discretionary millage. The Legislature shall prescribe
  749  annually in the appropriations act the maximum amount of millage
  750  a district may levy.
  751         Section 7. The amendments made by this act to ss. 1011.62
  752  and 1011.71, Florida Statutes, expire July 1, 2017, and the text
  753  of those sections shall revert to that in existence on June 30,
  754  2015, except that any amendments to such text enacted other than
  755  by this act shall be preserved and continue to operate to the
  756  extent that such amendments are not dependent upon the portions
  757  of text which expire pursuant to this section.
  758         Section 8. In order to implement Specific Appropriations 10
  759  and 122 of the 2016-2017 General Appropriations Act, subsection
  760  (1) of section 1004.935, Florida Statutes, is amended to read:
  761         1004.935 Adults with Disabilities Workforce Education Pilot
  762  Program.—
  763         (1) The Adults with Disabilities Workforce Education Pilot
  764  Program is established in the Department of Education through
  765  June 30, 2017 2016, in Hardee, DeSoto, Manatee, and Sarasota
  766  Counties to provide the option of receiving a scholarship for
  767  instruction at private schools for up to 30 students who:
  768         (a) Have a disability;
  769         (b) Are 22 years of age;
  770         (c) Are receiving instruction from an instructor in a
  771  private school to meet the high school graduation requirements
  772  in s. 1002.3105(5) or s. 1003.4282;
  773         (d) Do not have a standard high school diploma or a special
  774  high school diploma; and
  775         (e) Receive “supported employment services,” which means
  776  employment that is located or provided in an integrated work
  777  setting with earnings paid on a commensurate wage basis and for
  778  which continued support is needed for job maintenance.
  779  
  780  As used in this section, the term “student with a disability”
  781  includes a student who is documented as having an intellectual
  782  disability; a speech impairment; a language impairment; a
  783  hearing impairment, including deafness; a visual impairment,
  784  including blindness; a dual sensory impairment; an orthopedic
  785  impairment; another health impairment; an emotional or
  786  behavioral disability; a specific learning disability,
  787  including, but not limited to, dyslexia, dyscalculia, or
  788  developmental aphasia; a traumatic brain injury; a developmental
  789  delay; or autism spectrum disorder.
  790         Section 9. The amendment made by this act to s.
  791  1004.935(1), Florida Statutes, expires July 1, 2017, and the
  792  text of that subsection shall revert to that in existence on
  793  June 30, 2016, except that any amendments to such text enacted
  794  other than by this act shall be preserved and continue to
  795  operate to the extent that such amendments are not dependent
  796  upon the portions of text which expire pursuant to this section.
  797         Section 10. In order to implement Specific Appropriations
  798  13 and 142 through 150 of the 2016-2017 General Appropriations
  799  Act, subsection (7) is added to section 1013.74, Florida
  800  Statutes, to read:
  801         1013.74 University authorization for fixed capital outlay
  802  projects.—
  803         (7) For the 2016-2017 fiscal year, a university board of
  804  trustees may expend reserve or carry forward balances from prior
  805  year operational and programmatic appropriations for fixed
  806  capital outlay projects approved by the Board of Governors which
  807  include significant academic instructional space or critical
  808  deferred maintenance needs in this area. This subsection expires
  809  July 1, 2017.
  810         Section 11. In order to implement Specific Appropriation
  811  142 of the 2016-2017 General Appropriations Act, section
  812  1001.92, Florida Statutes, is amended to read:
  813         1001.92 State University System Performance-Based
  814  Incentive.—
  815         (1) A State University System Performance-Based Incentive
  816  shall be awarded to state universities using performance-based
  817  metrics adopted by the Board of Governors of the State
  818  University System. The performance-based metrics must include
  819  graduation rates;, retention rates;, postgraduation education
  820  rates;, degree production;, affordability;, postgraduation
  821  employment and salaries, including wage thresholds that reflect
  822  the added value of a baccalaureate degree; access;, and other
  823  metrics approved by the board in a formally noticed meeting. The
  824  board shall adopt benchmarks to evaluate each state university’s
  825  performance on the metrics to measure the state university’s
  826  achievement of institutional excellence or need for improvement
  827  and minimum requirements for eligibility to receive performance
  828  funding.
  829         (2) Each fiscal year, the amount of funds available for
  830  allocation to the state universities based on the performance
  831  based funding model metrics shall consist of the state’s
  832  investment in appropriation for performance funding, including
  833  increases in base funding plus institutional investments
  834  consisting of funds deducted from the base funding of each state
  835  university in the State University System, in an amount provided
  836  in the General Appropriations Act. The Board of Governors shall
  837  establish minimum performance funding eligibility thresholds for
  838  the state’s investment and the institutional investments. A
  839  state university that fails to meet the minimum state investment
  840  performance funding eligibility threshold is ineligible for a
  841  share of the state’s investment in performance funding. The
  842  institutional investment shall be restored for each institution
  843  eligible for the state’s investment under the performance-based
  844  funding model metrics.
  845         (3)(a) A state university that fails to meet the Board of
  846  Governors’ minimum institutional investment performance funding
  847  eligibility threshold shall have a portion of its institutional
  848  investment withheld by the board and must submit an improvement
  849  plan to the board which that specifies the activities and
  850  strategies for improving the state university’s performance. The
  851  board must review and approve the improvement plan and, if the
  852  plan is approved, must monitor the state university’s progress
  853  in implementing the activities and strategies specified in the
  854  improvement plan. The state university shall submit monitoring
  855  reports to the board by December 31 and May 31 of each year in
  856  which an improvement plan is in place. The ability of a state
  857  university to submit an improvement plan to the board is limited
  858  to 1 fiscal year.
  859         (b) The Chancellor of the State University System shall
  860  withhold disbursement of the institutional investment until the
  861  monitoring report is approved by the Board of Governors. A state
  862  university that is determined by the board to be making
  863  satisfactory progress on implementing the improvement plan may
  864  not shall receive no more than one-half of the withheld
  865  institutional investment in January and the balance of the
  866  withheld institutional investment in June. A state university
  867  that fails to make satisfactory progress may not have its full
  868  institutional investment restored. Any institutional investment
  869  funds that are not restored shall be redistributed in accordance
  870  with the board’s performance-based metrics.
  871         (4) Distributions of performance funding, as provided in
  872  this section, shall be made to each of the state universities
  873  listed in the Education and General Activities category in the
  874  General Appropriations Act.
  875         (5) By October 1 of each year, the Board of Governors shall
  876  submit to the Governor, the President of the Senate, and the
  877  Speaker of the House of Representatives a report on the previous
  878  fiscal year’s performance funding allocation, which must reflect
  879  the rankings and award distributions.
  880         (6) This section expires July 1, 2017 2016.
  881         Section 12. In order to implement Specific Appropriation
  882  126 of the 2016-2017 General Appropriations Act, section
  883  1001.66, Florida Statutes, is created to read:
  884         1001.66 Florida College System Performance-Based
  885  Incentive.—
  886         (1)A Florida College System Performance-Based Incentive
  887  shall be awarded to Florida College System institutions using
  888  performance-based metrics adopted by the State Board of
  889  Education. The performance-based metrics must include retention
  890  rates; program completion and graduation rates; postgraduation
  891  employment, salaries, and continuing education for workforce
  892  education and baccalaureate programs, with wage thresholds that
  893  reflect the added value of the certificate or degree; and
  894  outcome measures appropriate for associate of arts degree
  895  recipients. The State Board of Education shall adopt benchmarks
  896  to evaluate each institution’s performance on the metrics to
  897  measure the institution’s achievement of institutional
  898  excellence or need for improvement and minimum requirements for
  899  eligibility to receive performance funding.
  900         (2)Each fiscal year, the amount of funds available for
  901  allocation to the Florida College System institutions based on
  902  the performance-based funding model shall consist of the state’s
  903  investment in performance funding plus institutional investments
  904  consisting of funds to be redistributed from the base funding of
  905  the Florida College System Program Fund as determined in the
  906  General Appropriations Act. The State Board of Education shall
  907  establish minimum performance funding eligibility thresholds for
  908  the state’s investment and the institutional investments. An
  909  institution that fails to meet the minimum state investment
  910  performance funding eligibility threshold is ineligible for a
  911  share of the state’s investment in performance funding. The
  912  institutional investment shall be restored for all institutions
  913  eligible for the state’s investment under the performance-based
  914  funding model.
  915         (3)(a)Each Florida College System institution’s share of
  916  the performance funding shall be calculated based on its
  917  relative performance on the established metrics in conjunction
  918  with the institutional size and scope.
  919         (b)A Florida College System institution that fails to meet
  920  the State Board of Education’s minimum institutional investment
  921  performance funding eligibility threshold shall have its
  922  institutional investment withheld by the state board and must
  923  submit an improvement plan to the state board which specifies
  924  the activities and strategies for improving the institution’s
  925  performance. The state board must review and approve the
  926  improvement plan and, if the plan is approved, must monitor the
  927  institution’s progress in implementing the activities and
  928  strategies specified in the improvement plan. The institution
  929  shall submit monitoring reports to the state board by December
  930  31 and May 31 of each year in which an improvement plan is in
  931  place. The ability of an institution to submit an improvement
  932  plan to the state board is limited to 1 fiscal year.
  933         (c)The Commissioner of Education shall withhold
  934  disbursement of the institutional investment until the
  935  monitoring report is approved by the State Board of Education. A
  936  Florida College System institution determined by the state board
  937  to be making satisfactory progress on implementing the
  938  improvement plan may not receive more than one-half of the
  939  withheld institutional investment in January and the balance of
  940  the withheld institutional investment in June. An institution
  941  that fails to make satisfactory progress may not have its full
  942  institutional investment restored. Any institutional investment
  943  funds that are not restored shall be redistributed in accordance
  944  with the state board’s performance-based metrics.
  945         (4)Distributions of performance funding, as provided in
  946  this section, shall be made to each of the Florida College
  947  System institutions listed in the Florida Colleges category in
  948  the General Appropriations Act.
  949         (5)By October 1 of each year, the State Board of Education
  950  shall submit to the Governor, the President of the Senate, and
  951  the Speaker of the House of Representatives a report on the
  952  previous fiscal year’s performance funding allocation, which
  953  must reflect the rankings and award distributions.
  954         (6) This section expires July 1, 2017.
  955         Section 13. In order to implement Specific Appropriation
  956  104 of the 2016-2017 General Appropriations Act, subsection (3)
  957  of section 1012.75, Florida Statutes, is amended to read:
  958         1012.75 Liability of teacher or principal; excessive
  959  force.—
  960         (3) The Department of Education shall administer an
  961  educator liability insurance program, as provided in the General
  962  Appropriations Act, to protect full-time instructional personnel
  963  from liability for monetary damages and the costs of defending
  964  actions resulting from claims made against the instructional
  965  personnel arising out of occurrences in the course of activities
  966  within the instructional personnel’s professional capacity. For
  967  purposes of this subsection, the terms “full-time,” “part-time,”
  968  and “administrative personnel” shall be defined by the
  969  individual district school board. For purposes of this
  970  subsection, the term “instructional personnel” has the same
  971  meaning as provided in s. 1012.01(2).
  972         (a) Liability coverage of at least $2 million shall be
  973  provided to all full-time instructional personnel. Liability
  974  coverage may be provided to the following individuals who choose
  975  to participate in the program, at cost: part-time instructional
  976  personnel, administrative personnel, and students enrolled in a
  977  state-approved teacher preparation program pursuant to s.
  978  1012.39(3).
  979         (b) By August 1, the department shall notify the personnel
  980  specified in paragraph (a) of the pending procurement for
  981  liability coverage. By September 1, each district school board
  982  shall notify the personnel specified in paragraph (a) of the
  983  liability coverage provided pursuant to this subsection. The
  984  department shall develop the form of the notice which shall be
  985  used by each district school board. The notice must be on an 8
  986  1/2-inch by 5 1/2-inch postcard and include the amount of
  987  coverage, a general description of the nature of the coverage,
  988  and the contact information for coverage and claims questions.
  989  The notification shall be provided separately from any other
  990  correspondence. Each district school board shall certify to the
  991  department, by September 15, that the notification required by
  992  this paragraph has been provided.
  993         (c) The department shall consult with the Department of
  994  Financial Services to select the most economically prudent and
  995  cost-effective means of implementing the program through self
  996  insurance, a risk management program, or competitive
  997  procurement.
  998         (d) This subsection expires July 1, 2017 2016.
  999         Section 14. In order to implement Specific Appropriation
 1000  126 of the 2016-2017 General Appropriations Act, section
 1001  1001.67, Florida Statutes, is created to read:
 1002         1001.67 Distinguished Florida College System institution
 1003  program.—A collaborative partnership is established between the
 1004  State Board of Education and the Legislature to recognize the
 1005  excellence of Florida’s highest-performing Florida College
 1006  System institutions.
 1007         (1)EXCELLENCE STANDARDS.—The following excellence
 1008  standards are established for the program:
 1009         (a)A 150 percent-of-normal-time completion rate of 50
 1010  percent or higher, as calculated by the Division of Florida
 1011  Colleges.
 1012         (b)A 150 percent-of-normal-time completion rate for Pell
 1013  Grant recipients of 40 percent or higher, as calculated by the
 1014  Division of Florida Colleges.
 1015         (c)A retention rate of 70 percent or higher, as calculated
 1016  by the Division of Florida Colleges.
 1017         (d)A continuing education, or transfer, rate of 72 percent
 1018  or higher for students graduating with an associate of arts
 1019  degree, as reported by the Florida Education and Training
 1020  Placement Information Program (FETPIP).
 1021         (e)A licensure passage rate on the National Council
 1022  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
 1023  percent or higher for first-time exam takers, as reported by the
 1024  Board of Nursing.
 1025         (f)A job placement or continuing education rate of 88
 1026  percent or higher for workforce programs, as reported by FETPIP.
 1027         (g)A time-to-degree for students graduating with an
 1028  associate of arts degree of 2.25 years or less for first-time
 1029  in-college students with accelerated college credits, as
 1030  reported by the Southern Regional Education Board.
 1031         (2)DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
 1032  Education shall designate each Florida College System
 1033  institution that meets five of the seven standards identified in
 1034  subsection (1) as a distinguished college.
 1035         (3)DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
 1036  institution designated as a distinguished college by the State
 1037  Board of Education is eligible for funding as specified in the
 1038  General Appropriations Act.
 1039         (4) EXPIRATION.—This section expires July 1, 2017.
 1040         Section 15. In order to implement Specific Appropriation
 1041  142 of the 2016-2017 General Appropriations Act, subsection (1)
 1042  of section 1001.7065, Florida Statutes, is reenacted, and
 1043  subsections (2), (3), and (5) through (9) of that section are
 1044  amended, to read:
 1045         1001.7065 Preeminent state research universities program.—
 1046         (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
 1047  COLLABORATION.—A collaborative partnership is established
 1048  between the Board of Governors and the Legislature to elevate
 1049  the academic and research preeminence of Florida’s highest
 1050  performing state research universities in accordance with this
 1051  section. The partnership stems from the State University System
 1052  Governance Agreement executed on March 24, 2010, wherein the
 1053  Board of Governors and leaders of the Legislature agreed to a
 1054  framework for the collaborative exercise of their joint
 1055  authority and shared responsibility for the State University
 1056  System. The governance agreement confirmed the commitment of the
 1057  Board of Governors and the Legislature to continue collaboration
 1058  on accountability measures, the use of data, and recommendations
 1059  derived from such data.
 1060         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
 1061  July 1, 2013, The following academic and research excellence
 1062  standards are established for the preeminent state research
 1063  universities program:
 1064         (a) An average weighted grade point average of 4.0 or
 1065  higher on a 4.0 scale and an average SAT score of 1800 or higher
 1066  on a 2400-point scale or 1200 or higher on a 1600-point scale
 1067  for fall semester incoming freshmen, as reported annually.
 1068         (b) A top-50 ranking on at least two well-known and highly
 1069  respected national public university rankings, reflecting
 1070  national preeminence, which includes, but is not limited to, the
 1071  U.S. News and World Report rankings, using most recent rankings.
 1072         (c) A freshman retention rate of 90 percent or higher for
 1073  full-time, first-time-in-college students, as reported annually
 1074  to the Integrated Postsecondary Education Data System (IPEDS).
 1075         (d) A 6-year graduation rate of 70 percent or higher for
 1076  full-time, first-time-in-college students, as reported annually
 1077  to the IPEDS.
 1078         (e) Six or more faculty members at the state university who
 1079  are members of a national academy, as reported by the Center for
 1080  Measuring University Performance in the Top American Research
 1081  Universities (TARU) annual report or the official membership
 1082  directories maintained by each national academy.
 1083         (f) Total annual research expenditures, including federal
 1084  research expenditures, of $200 million or more, as reported
 1085  annually by the National Science Foundation (NSF).
 1086         (g) Total annual research expenditures in diversified
 1087  nonmedical sciences of $150 million or more, based on data
 1088  reported annually by the NSF.
 1089         (h) A top-100 university national ranking for research
 1090  expenditures in five or more science, technology, engineering,
 1091  or mathematics fields of study, as reported annually by the NSF.
 1092         (i) One hundred or more total patents awarded by the United
 1093  States Patent and Trademark Office for the most recent 3-year
 1094  period.
 1095         (j) Four hundred or more doctoral degrees awarded annually,
 1096  including professional doctoral degrees awarded in medical and
 1097  health care disciplines, as reported in the Board of Governors
 1098  Annual Accountability Report.
 1099         (k) Two hundred or more postdoctoral appointees annually,
 1100  as reported in the TARU annual report.
 1101         (l) An endowment of $500 million or more, as reported in
 1102  the Board of Governors Annual Accountability Report.
 1103         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.— The
 1104  Board of Governors shall designate each state research
 1105  university that annually meets:
 1106         (a) At least 11 of the 12 academic and research excellence
 1107  standards identified in subsection (2) as a preeminent state
 1108  research university.
 1109         (b) At least 6 of the 12 academic and research excellence
 1110  standards identified in subsection (2) as an “emerging
 1111  preeminent state research university.”
 1112         (5) PROGRAM PREEMINENT STATE RESEARCH UNIVERSITY SUPPORT.—
 1113         (a) A state research university designated as a preeminent
 1114  state research university that, as of July 1, 2013, meets all 12
 1115  of the academic and research excellence standards identified in
 1116  subsection (2), as verified by the Board of Governors, shall
 1117  submit to the Board of Governors a 5-year benchmark plan with
 1118  target rankings on key performance metrics for national
 1119  excellence. Upon approval by the Board of Governors, and upon
 1120  the university’s meeting the benchmark plan goals annually, the
 1121  Board of Governors shall award the university its proportionate
 1122  share of any funds provided annually to support the program
 1123  created under this section an amount specified in the General
 1124  Appropriations Act to be provided annually throughout the 5-year
 1125  period. Funding for this purpose is contingent upon specific
 1126  appropriation in the General Appropriations Act.
 1127         (b)A state university designated as an emerging preeminent
 1128  state research university shall submit to the Board of Governors
 1129  a 5-year benchmark plan with target rankings on key performance
 1130  metrics for national excellence. Upon approval by the Board of
 1131  Governors, and upon the university’s meeting the benchmark plan
 1132  goals annually, the Board of Governors shall award the
 1133  university its proportionate share of any funds provided
 1134  annually to support the program created under this section.
 1135         (c)The award of funds under this subsection is contingent
 1136  upon funding provided in the General Appropriations Act to
 1137  support the preeminent state research universities program
 1138  created under this section. Funding increases appropriated
 1139  beyond the amounts funded in the previous fiscal year shall be
 1140  distributed as follows:
 1141         1.Each designated preeminent state research university
 1142  that meets the criteria in paragraph (a) shall receive an equal
 1143  amount of funding.
 1144         2.Each designated emerging preeminent state research
 1145  university that meets the criteria in paragraph (b) shall
 1146  receive an amount of funding that is equal to one-half of the
 1147  total increased amount awarded to each designated preeminent
 1148  state research university.
 1149         (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
 1150  INITIATIVE.—A state research university that, as of July 1,
 1151  2013, meets 11 of the 12 academic and research excellence
 1152  standards identified in subsection (2), as verified by the Board
 1153  of Governors, shall submit to the Board of Governors a 5-year
 1154  benchmark plan with target rankings on key performance metrics
 1155  for national excellence. Upon the university’s meeting the
 1156  benchmark plan goals annually, the Board of Governors shall
 1157  award the university an amount specified in the General
 1158  Appropriations Act to be provided annually throughout the 5-year
 1159  period for the purpose of recruiting National Academy Members,
 1160  expediting the provision of a master’s degree in cloud
 1161  virtualization, and instituting an entrepreneurs-in-residence
 1162  program throughout its campus. Funding for this purpose is
 1163  contingent upon specific appropriation in the General
 1164  Appropriations Act.
 1165         (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
 1166  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
 1167  educational experience, a university that is designated a
 1168  preeminent state research university may require its incoming
 1169  first-time-in-college students to take a 9-to-12-credit set of
 1170  unique courses specifically determined by the university and
 1171  published on the university’s website. The university may
 1172  stipulate that credit for such courses may not be earned through
 1173  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
 1174  or any other transfer credit. All accelerated credits earned up
 1175  to the limits specified in ss. 1007.27 and 1007.271 shall be
 1176  applied toward graduation at the student’s request.
 1177         (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
 1178  AUTHORITY.—The Board of Governors is encouraged to identify and
 1179  grant all reasonable, feasible authority and flexibility to
 1180  ensure that a designated preeminent state research university is
 1181  free from unnecessary restrictions.
 1182         (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
 1183  UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
 1184  establish standards and measures whereby individual programs in
 1185  state universities that objectively reflect national excellence
 1186  can be identified and make recommendations to the Legislature as
 1187  to how any such programs could be enhanced and promoted.
 1188         Section 16. The amendment made by this act to s. 1001.7065,
 1189  Florida Statutes, expires July 1, 2017, and the text of that
 1190  section shall revert to that in existence on June 30, 2016,
 1191  except that any amendments to such text enacted other than by
 1192  this act shall be preserved and continue to operate to the
 1193  extent that such amendments are not dependent upon the portions
 1194  of text which expire pursuant to this section.
 1195         Section 17. In order to implement Specific Appropriations
 1196  199, 206, 207, 208, 211, and 218 of the 2016-2017 General
 1197  Appropriations Act, the Agency for Health Care Administration is
 1198  authorized to submit a budget amendment pursuant to chapter 216,
 1199  Florida Statutes, to realign funding based on the model,
 1200  methodology, and framework in the “Medicaid Hospital Funding
 1201  Programs” document incorporated by reference in Senate Proposed
 1202  Bill 2502. Funding changes shall be consistent with the intent
 1203  of the model, methodology, and framework displayed,
 1204  demonstrated, and explained in the “Medicaid Hospital Funding
 1205  Programs” document, while allowing for the appropriate
 1206  realignment to appropriation categories related to Medicaid Low
 1207  Income Pool, Disproportionate Share Hospital, Graduate Medical
 1208  Education, Inpatient Hospital and Outpatient Hospital programs,
 1209  Prepaid Health Plans, and the diagnosis related groups (DRG)
 1210  methodology for hospital reimbursement for the 2016-2017 fiscal
 1211  year, including requests for additional trust fund budget
 1212  authority. Notwithstanding s. 216.177, Florida Statutes, if the
 1213  chair or vice chair of the Legislative Budget Commission or the
 1214  President of the Senate or the Speaker of the House of
 1215  Representatives timely advises the Executive Office of the
 1216  Governor, in writing, that the budget amendment exceeds the
 1217  delegated authority of the Executive Office of the Governor or
 1218  is contrary to legislative policy or intent, the Executive
 1219  Office of the Governor shall void the action. This section
 1220  expires July 1, 2017.
 1221         Section 18. (1) In order to implement Specific
 1222  Appropriation 259 of the 2016-2017 General Appropriations Act,
 1223  and notwithstanding s. 393.065(5), Florida Statutes, the Agency
 1224  for Persons with Disabilities shall offer enrollment in the
 1225  Medicaid home and community-based waiver program in the
 1226  following order of priority:
 1227         (a) Individuals in category 1, which includes clients
 1228  deemed to be in crisis as described in rule.
 1229         (b) Individuals in category 2, which includes:
 1230         1. Individuals on the wait list who are from the child
 1231  welfare system with an open case in the Department of Children
 1232  and Families’ statewide automated child welfare information
 1233  system and who are:
 1234         a. Transitioning out of the child welfare system at the
 1235  finalization of an adoption, a reunification with family
 1236  members, a permanent placement with a relative, or a
 1237  guardianship with a nonrelative; or
 1238         b. At least 18 years old but not yet 22 years old and need
 1239  both waiver services and extended foster care services.
 1240         2. Individuals on the wait list who are at least 18 years
 1241  old but not yet 22 years old and who withdrew consent pursuant
 1242  to s. 39.6251(5)(c), Florida Statutes, to remain in the extended
 1243  foster care system.
 1244  
 1245  For individuals who are at least 18 years old but not yet 22
 1246  years old and who are eligible under sub-subparagraph 1.b., the
 1247  Agency for Persons with Disabilities shall provide waiver
 1248  services, including residential habilitation; and the community
 1249  based care lead agency shall fund room and board at the rate
 1250  established in s. 409.145(4), Florida Statutes, and provide case
 1251  management and related services as defined in s. 409.986(3)(e),
 1252  Florida Statutes. Individuals may receive both waiver services
 1253  and services under s. 39.6251, Florida Statutes. Services may
 1254  not duplicate services available through the Medicaid state
 1255  plan.
 1256         (c) Individuals in categories 3 and 4 in an order based on
 1257  the Agency for Persons with Disabilities Waitlist Prioritization
 1258  Tool, dated March 15, 2013. Using the tool, the agency shall
 1259  move those individuals whose needs score highest to the waiver
 1260  during the 2016-2017 fiscal year, to the extent funds are
 1261  available.
 1262         (d) Individuals in category 6 shall be moved to the waiver
 1263  during the 2016-2017 fiscal year, to the extent funds are
 1264  available, based on meeting the following criteria:
 1265         1. The individual is 30 years of age or older;
 1266         2. The individual resides in the family home;
 1267         3. The individual has been on the wait list for waiver
 1268  services for at least 10 continuous years; and
 1269         4. The individual is classified at a level of need equal to
 1270  Level 3, Level 4, or Level 5 based on the Questionnaire for
 1271  Situational Information.
 1272         (2) The agency shall allow an individual who meets the
 1273  eligibility requirements under s. 393.065(1), Florida Statutes,
 1274  to receive home and community-based services in this state if
 1275  the individual’s parent or legal guardian is an active-duty
 1276  military servicemember and, at the time of the servicemember’s
 1277  transfer to this state, the individual was receiving home and
 1278  community-based services in another state.
 1279         (3) Upon the placement of individuals on the waiver
 1280  pursuant to subsection (1), individuals remaining on the wait
 1281  list are deemed not to have been substantially affected by
 1282  agency action and are, therefore, not entitled to a hearing
 1283  under s. 393.125, Florida Statutes, or an administrative
 1284  proceeding under chapter 120, Florida Statutes.
 1285         (4) This section expires July 1, 2017.
 1286         Section 19. In order to implement Specific Appropriation
 1287  259 of the 2016-2017 General Appropriations Act:
 1288         (1) Until the Agency for Persons with Disabilities adopts a
 1289  new allocation algorithm and methodology by final rule pursuant
 1290  to s. 393.0662, Florida Statutes:
 1291         (a) Each client’s iBudget in effect as of July 1, 2016,
 1292  shall remain at its July 1, 2016, funding level.
 1293         (b) The Agency for Persons with Disabilities shall
 1294  determine the iBudget for a client newly enrolled on the home
 1295  and community-based services waiver on or after July 1, 2016,
 1296  using the same allocation algorithm and methodology used for the
 1297  iBudgets in effect as of July 1, 2016.
 1298         (2) After a new algorithm and methodology is adopted by
 1299  final rule, a client’s new iBudget shall be determined based on
 1300  the new allocation algorithm and methodology and shall take
 1301  effect as of the client’s next support plan update.
 1302         (3) Funding allocated under subsections (1) and (2) may be
 1303  increased pursuant to s. 393.0662(1)(b), Florida Statutes. A
 1304  client’s funding allocation may also be increased if the client
 1305  has a significant need for transportation services to a waiver
 1306  funded adult day training program or to a waiver-funded
 1307  supported employment where such need cannot be accommodated
 1308  within the funding authorized by the client’s iBudget amount
 1309  without affecting the health and safety of the client, where
 1310  public transportation is not an option due to the unique needs
 1311  of the client, and where no other transportation resources are
 1312  reasonably available. However, such increases may not result in
 1313  the total of all clients’ projected annual iBudget expenditures
 1314  exceeding the agency’s appropriation for waiver services.
 1315         (4) This section expires July 1, 2017.
 1316         Section 20. In order to implement Specific Appropriations
 1317  569 through 578 of the 2016-2017 General Appropriations Act,
 1318  subsection (3) of section 296.37, Florida Statutes, is amended
 1319  to read:
 1320         296.37 Residents; contribution to support.—
 1321         (3) Notwithstanding subsection (1), each resident of the
 1322  home who receives a pension, compensation, or gratuity from the
 1323  United States Government, or income from any other source, of
 1324  more than $105 per month shall contribute to his or her
 1325  maintenance and support while a resident of the home in
 1326  accordance with a payment schedule determined by the
 1327  administrator and approved by the director. The total amount of
 1328  such contributions shall be to the fullest extent possible, but,
 1329  in no case, shall exceed the actual cost of operating and
 1330  maintaining the home. This subsection expires July 1, 2017 2016.
 1331         Section 21. In order to implement Specific Appropriation
 1332  231 of the 2016-2017 General Appropriations Act, the Agency for
 1333  Health Care Administration shall ensure that nursing facility
 1334  residents who are eligible for funds to transition to home and
 1335  community-based services waivers must first have resided in a
 1336  skilled nursing facility for at least 60 consecutive days. This
 1337  section expires July 1, 2017.
 1338         Section 22. In order to implement Specific Appropriation
 1339  232 of the 2016-2017 General Appropriations Act, the Agency for
 1340  Health Care Administration and the Department of Elderly Affairs
 1341  shall prioritize individuals for enrollment in the Medicaid
 1342  Long-Term Care Waiver program using a frailty-based screening
 1343  that provides a priority score (the “scoring process”) and shall
 1344  enroll individuals in the program according to the assigned
 1345  priority score as funds are available. The agency may adopt
 1346  rules, pursuant to s. 409.919, Florida Statutes, and enter into
 1347  interagency agreements necessary to administer s. 409.979(3),
 1348  Florida Statutes. Such rules or interagency agreements adopted
 1349  by the agency relating to the scoring process may delegate to
 1350  the Department of Elderly Affairs, pursuant to s. 409.978,
 1351  Florida Statutes, the responsibility for implementing and
 1352  administering the scoring process, providing notice of Medicaid
 1353  fair hearing rights, and the responsibility for defending, as
 1354  needed, the scores assigned to persons on the program wait list
 1355  in any resulting Medicaid fair hearings. The Department of
 1356  Elderly Affairs may delegate the provision of notice of Medicaid
 1357  fair hearing rights to its contractors. This section expires
 1358  July 1, 2017.
 1359         Section 23. In order to implement Specific Appropriations
 1360  192A through 226 and 541 of the 2016-2017 General Appropriations
 1361  Act and notwithstanding ss. 216.181 and 216.292, Florida
 1362  Statutes, the Agency for Health Care Administration, in
 1363  consultation with the Department of Health, may submit a budget
 1364  amendment, subject to the notice, review, and objection
 1365  procedures of s. 216.177, Florida Statutes, to realign funding
 1366  within and between agencies based on implementation of the
 1367  Managed Medical Assistance component of the Statewide Medicaid
 1368  Managed Care program for the Children’s Medical Services program
 1369  of the Department of Health. The funding realignment shall
 1370  reflect the actual enrollment changes due to the transfer of
 1371  beneficiaries from fee-for-service to the capitated Children’s
 1372  Medical Services Network. The Agency for Health Care
 1373  Administration may submit a request for nonoperating budget
 1374  authority to transfer the federal funds to the Department of
 1375  Health, pursuant to s. 216.181(12), Florida Statutes. This
 1376  section expires July 1, 2017.
 1377         Section 24. In order to implement Specific Appropriations
 1378  199, 206, 207, 208, 211, and 218 of the 2016-2017 General
 1379  Appropriations Act, the calculations of the Medicaid Low-Income
 1380  Pool, Disproportionate Share Hospital, and hospital
 1381  reimbursement programs for the 2016-2017 fiscal year contained
 1382  in the document titled “Medicaid Hospital Funding Programs,”
 1383  dated XX, 2016, and filed with the Secretary of the Senate, are
 1384  incorporated by reference for the purpose of displaying the
 1385  calculations used by the Legislature, consistent with the
 1386  requirements of state law, in making appropriations for the
 1387  Medicaid Low-Income Pool, Disproportionate Share Hospital, and
 1388  hospital reimbursement programs. This section expires July 1,
 1389  2017.
 1390         Section 25. In order to implement Specific Appropriation
 1391  524 of the 2016-2017 General Appropriations Act, subsection (17)
 1392  of section 893.055, Florida Statutes, is amended to read:
 1393         893.055 Prescription drug monitoring program.—
 1394         (17) Notwithstanding subsection (10), and for the 2016-2017
 1395  2015-2016 fiscal year only, the department may use state funds
 1396  appropriated in the 2016-2017 2015-2016 General Appropriations
 1397  Act to administer the prescription drug monitoring program.
 1398  Neither the Attorney General nor the department may use funds
 1399  received as part of a settlement agreement to administer the
 1400  prescription drug monitoring program. This subsection expires
 1401  July 1, 2017 2016.
 1402         Section 26. In order to implement Specific Appropriations
 1403  599 through 706 and 721 through 755 of the 2016-2017 General
 1404  Appropriations Act, subsection (4) of section 216.262, Florida
 1405  Statutes, is amended to read:
 1406         216.262 Authorized positions.—
 1407         (4) Notwithstanding the provisions of this chapter relating
 1408  to increasing the number of authorized positions, and for the
 1409  2016-2017 2015-2016 fiscal year only, if the actual inmate
 1410  population of the Department of Corrections exceeds the inmate
 1411  population projections of the December 17, 2015 February 27,
 1412  2015, Criminal Justice Estimating Conference by 1 percent for 2
 1413  consecutive months or 2 percent for any month, the Executive
 1414  Office of the Governor, with the approval of the Legislative
 1415  Budget Commission, shall immediately notify the Criminal Justice
 1416  Estimating Conference, which shall convene as soon as possible
 1417  to revise the estimates. The Department of Corrections may then
 1418  submit a budget amendment requesting the establishment of
 1419  positions in excess of the number authorized by the Legislature
 1420  and additional appropriations from unallocated general revenue
 1421  sufficient to provide for essential staff, fixed capital
 1422  improvements, and other resources to provide classification,
 1423  security, food services, health services, and other variable
 1424  expenses within the institutions to accommodate the estimated
 1425  increase in the inmate population. All actions taken pursuant to
 1426  this subsection are subject to review and approval by the
 1427  Legislative Budget Commission. This subsection expires July 1,
 1428  2017 2016.
 1429         Section 27. In order to implement Specific Appropriations
 1430  1283 and 1284 of the 2016-2017 General Appropriations Act, the
 1431  Department of Legal Affairs may expend appropriated funds in
 1432  those specific appropriations on the same programs that were
 1433  funded by the department pursuant to specific appropriations
 1434  made in general appropriations acts in previous years. This
 1435  section expires July 1, 2017.
 1436         Section 28. In order to implement Specific Appropriations
 1437  1219 and 1224 of the 2016-2017 General Appropriations Act,
 1438  paragraph (d) of subsection (4) of section 932.7055, Florida
 1439  Statutes, is amended to read:
 1440         932.7055 Disposition of liens and forfeited property.—
 1441         (4) The proceeds from the sale of forfeited property shall
 1442  be disbursed in the following priority:
 1443         (d) Notwithstanding any other provision of this subsection,
 1444  and for the 2016-2017 2015-2016 fiscal year only, the funds in a
 1445  special law enforcement trust fund established by the governing
 1446  body of a municipality may be expended to reimburse the general
 1447  fund of the municipality for moneys advanced from the general
 1448  fund to the special law enforcement trust fund before October 1,
 1449  2001. This paragraph expires July 1, 2017 2016.
 1450         Section 29. In order to implement section 7 of the 2016
 1451  2017 General Appropriations Act, subsection (2) of section
 1452  215.18, Florida Statutes, is amended to read:
 1453         215.18 Transfers between funds; limitation.—
 1454         (2) The Chief Justice of the Supreme Court may receive one
 1455  or more trust fund loans to ensure that the state court system
 1456  has funds sufficient to meet its appropriations in the 2016-2017
 1457  2015-2016 General Appropriations Act. If the Chief Justice
 1458  accesses the loan, he or she must notify the Governor and the
 1459  chairs of the legislative appropriations committees in writing.
 1460  The loan must come from other funds in the State Treasury which
 1461  are for the time being or otherwise in excess of the amounts
 1462  necessary to meet the just requirements of such last-mentioned
 1463  funds. The Governor shall order the transfer of funds within 5
 1464  days after the written notification from the Chief Justice. If
 1465  the Governor does not order the transfer, the Chief Financial
 1466  Officer shall transfer the requested funds. The loan of funds
 1467  from which any money is temporarily transferred must be repaid
 1468  by the end of the 2016-2017 2015-2016 fiscal year. This
 1469  subsection expires July 1, 2017 2016.
 1470         Section 30. In order to implement appropriations for
 1471  salaries and benefits in the 2016-2017 General Appropriations
 1472  Act for the Department of Corrections and notwithstanding s.
 1473  216.292, Florida Statutes, the Department of Corrections may not
 1474  transfer funds from a salaries and benefits category to any
 1475  other category within the department other than a salaries and
 1476  benefits category without approval of the Legislative Budget
 1477  Commission. This section expires July 1, 2017.
 1478         Section 31. (1) In order to implement Specific
 1479  Appropriations 1093 through 1105 of the 2016-2017 General
 1480  Appropriations Act, the Department of Juvenile Justice shall
 1481  review county juvenile detention payments for the purpose of
 1482  ensuring that counties fulfill their financial responsibilities
 1483  required in s. 985.686, Florida Statutes. If the Department of
 1484  Juvenile Justice determines that a county has not met its
 1485  obligations, the department shall direct the Department of
 1486  Revenue to deduct the amount owed to the Department of Juvenile
 1487  Justice from the funds provided to the county under s. 218.23,
 1488  Florida Statutes. The Department of Revenue shall transfer the
 1489  funds withheld to the Shared County/State Juvenile Detention
 1490  Trust Fund.
 1491         (2) As an assurance to holders of bonds issued by counties
 1492  before July 1, 2015, for which distributions made pursuant to s.
 1493  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1494  such bonds which mature no later than the bonds they refunded
 1495  and which result in a reduction of debt service payable in each
 1496  fiscal year, the amount available for distribution to a county
 1497  shall remain as provided by law and continue to be subject to
 1498  any lien or claim on behalf of the bondholders. The Department
 1499  of Revenue must ensure, based on information provided by an
 1500  affected county, that any reduction in amounts distributed
 1501  pursuant to subsection (1) does not reduce the amount of
 1502  distribution to a county below the amount necessary for the
 1503  timely payment of principal and interest when due on the bonds
 1504  and the amount necessary to comply with any covenant under the
 1505  bond resolution or other documents relating to the issuance of
 1506  the bonds. If a reduction to a county’s monthly distribution
 1507  must be decreased in order to comply with this subsection, the
 1508  Department of Revenue must notify the Department of Juvenile
 1509  Justice of the amount of the decrease, and the Department of
 1510  Juvenile Justice must send a bill for payment of such amount to
 1511  the affected county.
 1512         (3) This section expires July 1, 2017.
 1513         Section 32. In order to implement Specific Appropriation
 1514  780 of the 2016-2017 General Appropriations Act, subsection (5)
 1515  of section 27.5304, Florida Statutes, is amended to read:
 1516         27.5304 Private court-appointed counsel; compensation;
 1517  notice.—
 1518         (5) The compensation for representation in a criminal
 1519  proceeding may shall not exceed the following:
 1520         (a) For misdemeanors and juveniles represented at the trial
 1521  level: $1,000.
 1522         (b) For noncapital, nonlife felonies represented at the
 1523  trial level: $15,000 $6,000.
 1524         (c) For life felonies represented at the trial level:
 1525  $15,000 $9,000.
 1526         (d) For capital cases represented at the trial level:
 1527  $25,000. For purposes of this paragraph, a “capital case” is any
 1528  offense for which the potential sentence is death and the state
 1529  has not waived seeking the death penalty.
 1530         (e) For representation on appeal: $9,000.
 1531         Section 33. The amendment made by this act to s.
 1532  27.5304(5), Florida Statutes, expires July 1, 2017, and the text
 1533  of that subsection shall revert to that in existence on June 30,
 1534  2016, except that any amendments to such text enacted other than
 1535  by this act shall be preserved and continue to operate to the
 1536  extent that such amendments are not dependent upon the portions
 1537  of text which expire pursuant to this section.
 1538         Section 34. Effective upon becoming a law and in order to
 1539  implement Specific Appropriation 3023 and sections 35 and 36 of
 1540  the 2016-2017 General Appropriations Act, subsections (5) and
 1541  (6) are added to section 28.36, Florida Statutes, to read:
 1542         28.36 Budget procedure.—There is established a budget
 1543  procedure for the court-related functions of the clerks of the
 1544  court.
 1545         (5) Funds appropriated in the General Appropriations Act to
 1546  augment the revenues received from fines, fees, service charges,
 1547  and costs for court-related functions by the clerks of the court
 1548  during the 2015-2016 county fiscal year shall be distributed by
 1549  the Department of Revenue to clerks of the court in accordance
 1550  with this subsection. The Florida Clerks of Court Operations
 1551  Corporation shall certify to the Department of Revenue a
 1552  proposed distribution of a portion of the appropriated funds for
 1553  each clerk with a deficit after retaining all of the projected
 1554  collections from the court-related fines, fees, service charges,
 1555  and costs and for which a distribution under subsection (3) is
 1556  not available to relieve that deficit; however, each clerk’s
 1557  expenditures may not exceed the amount approved for the 2015
 1558  2016 county fiscal year by the Legislative Budget Commission.
 1559  The Department of Revenue shall certify the amount needed for
 1560  each individual clerk to the Executive Office of the Governor
 1561  and request release authority for such amounts from the Clerks
 1562  of Court Trust Fund. Notwithstanding s. 216.192, the Executive
 1563  Officer of the Governor may approve the release of funds in
 1564  accordance with the notice, review, and objection procedures set
 1565  forth in s. 216.177 and provide notice to the Department of
 1566  Revenue and the Chief Financial Officer. The Department of
 1567  Revenue and the Chief Financial Officer shall release the funds
 1568  to each clerk in accordance with the release approved by the
 1569  Governor. This subsection expires July 1, 2017.
 1570         (6) Funds appropriated in the General Appropriations Act
 1571  for the clerks of the court for the 2016-2017 county fiscal year
 1572  shall augment the amount of revenues projected to be received
 1573  from fines, fees, service charges, and costs for court-related
 1574  functions by the clerks of the court when each clerk of the
 1575  court prepares, summarizes, and submits their budget to the
 1576  Florida Clerks of Court Operations Corporation pursuant to
 1577  subsection (2). The Florida Clerks of Court Operations
 1578  Corporation shall determine the portion of the appropriated
 1579  funds which shall be included in each individual clerk’s
 1580  proposed budget submitted pursuant to subsection (2). The
 1581  proposed budgets for each clerk of court submitted to the
 1582  Legislative Budget Commission pursuant to s. 28.35(2)(h) shall
 1583  separately identify the amount of the appropriated funds
 1584  proposed to be distributed to each clerk of the court. During
 1585  consideration of the clerks’ of the court budget pursuant to s.
 1586  28.35(2)(h), the Legislative Budget Commission shall consider
 1587  the proposed distribution of the appropriated funds and shall
 1588  approve, disapprove, or amend and approve the distribution of
 1589  appropriated funds as a part of the clerks combined budgets or
 1590  any individual clerk’s budget. If the Legislative Budget
 1591  Commission fails to approve or amend and approve the clerks
 1592  combined budgets or amend and approve each individual clerk’s
 1593  budget, including the appropriated funds, before October 1,
 1594  2016, the corporation shall certify to the Department of Revenue
 1595  a proposed distribution of a portion of the appropriated funds
 1596  for each clerk with a deficit after retaining all of the
 1597  projected collections from the court-related fines, fees,
 1598  service charges, and costs and for which a distribution under
 1599  subsection (3) is not available to relieve that deficit;
 1600  however, each clerk’s expenditures may not exceed the amount
 1601  approved by the Legislative Budget Commission for the 2015-2016
 1602  county fiscal year. The Department of Revenue shall certify the
 1603  amount needed for each individual clerk to the Executive Office
 1604  of the Governor and request release authority for such amounts
 1605  from the Clerks of Court Trust Fund. Notwithstanding s. 216.192,
 1606  the Executive Officer of the Governor may approve the release of
 1607  funds in accordance with the notice, review, and objection
 1608  procedures set forth in s. 216.177 and provide notice to the
 1609  Department of Revenue and the Chief Financial Officer. The
 1610  Department of Revenue and the Chief Financial Officer shall
 1611  release the funds to each clerk in accordance with the release
 1612  approved by the Governor. This subsection expires July 1, 2017.
 1613         Section 35. In order to implement appropriations used for
 1614  the payments of existing lease contracts for private lease space
 1615  in excess of 2,000 square feet in the 2016-2017 General
 1616  Appropriations Act, the Department of Management Services, with
 1617  the cooperation of the agencies having the existing lease
 1618  contracts for office or storage space, shall use tenant broker
 1619  services to renegotiate or reprocure all private lease
 1620  agreements for office or storage space expiring between July 1,
 1621  2017, and June 30, 2019, in order to reduce costs in future
 1622  years. The department shall incorporate this initiative into its
 1623  2016 master leasing report required under s. 255.249(7), Florida
 1624  Statutes, and may use tenant broker services to explore the
 1625  possibilities of collocating office or storage space, to review
 1626  the space needs of each agency, and to review the length and
 1627  terms of potential renewals or renegotiations. The department
 1628  shall provide a report to the Executive Office of the Governor,
 1629  the President of the Senate, and the Speaker of the House of
 1630  Representatives by November 1, 2016, which lists each lease
 1631  contract for private office or storage space, the status of
 1632  renegotiations, and the savings achieved. This section expires
 1633  July 1, 2017.
 1634         Section 36. In order to implement Specific Appropriations
 1635  2257 through 2265 of the 2016-2017 General Appropriations Act,
 1636  section 624.502, Florida Statutes, is reenacted to read:
 1637         624.502 Service of process fee.—In all instances as
 1638  provided in any section of the insurance code and s. 48.151(3)
 1639  in which service of process is authorized to be made upon the
 1640  Chief Financial Officer or the director of the office, the
 1641  plaintiff shall pay to the department or office a fee of $15 for
 1642  such service of process, which fee shall be deposited into the
 1643  Administrative Trust Fund.
 1644         Section 37. The amendment to s. 624.502, Florida Statutes,
 1645  as carried forward by this act from chapter 2013-41, Laws of
 1646  Florida, expires July 1, 2017, and the text of that section
 1647  shall revert to that in existence on June 30, 2013, except that
 1648  any amendments to such text enacted other than by this act shall
 1649  be preserved and continue to operate to the extent that such
 1650  amendments are not dependent upon the portions of text which
 1651  expire pursuant to this section.
 1652         Section 38. In order to implement Specific Appropriations
 1653  2834 through 2845 of the 2016-2017 General Appropriations Act,
 1654  paragraph (a) of subsection (2) of section 282.709, Florida
 1655  Statutes, is reenacted to read:
 1656         282.709 State agency law enforcement radio system and
 1657  interoperability network.—
 1658         (2) The Joint Task Force on State Agency Law Enforcement
 1659  Communications is created adjunct to the department to advise
 1660  the department of member-agency needs relating to the planning,
 1661  designing, and establishment of the statewide communication
 1662  system.
 1663         (a) The Joint Task Force on State Agency Law Enforcement
 1664  Communications shall consist of the following members:
 1665         1. A representative of the Division of Alcoholic Beverages
 1666  and Tobacco of the Department of Business and Professional
 1667  Regulation who shall be appointed by the secretary of the
 1668  department.
 1669         2. A representative of the Division of Florida Highway
 1670  Patrol of the Department of Highway Safety and Motor Vehicles
 1671  who shall be appointed by the executive director of the
 1672  department.
 1673         3. A representative of the Department of Law Enforcement
 1674  who shall be appointed by the executive director of the
 1675  department.
 1676         4. A representative of the Fish and Wildlife Conservation
 1677  Commission who shall be appointed by the executive director of
 1678  the commission.
 1679         5. A representative of the Department of Corrections who
 1680  shall be appointed by the secretary of the department.
 1681         6. A representative of the Division of State Fire Marshal
 1682  of the Department of Financial Services who shall be appointed
 1683  by the State Fire Marshal.
 1684         7. A representative of the Department of Agriculture and
 1685  Consumer Services who shall be appointed by the Commissioner of
 1686  Agriculture.
 1687         Section 39. The amendment to s. 282.709(2)(a), Florida
 1688  Statutes, as carried forward by this act from chapter 2014-53,
 1689  Laws of Florida, expires July 1, 2017, and the text of that
 1690  paragraph shall revert to that in existence on June 30, 2014,
 1691  except that any amendments to such text enacted other than by
 1692  this act shall be preserved and continue to operate to the
 1693  extent that such amendments are not dependent upon the portions
 1694  of text which expire pursuant to this section.
 1695         Section 40. In order to implement Specific Appropriations
 1696  2740 through 2752 of the 2016-2017 General Appropriations Act,
 1697  and notwithstanding rule 60A-1.031, Florida Administrative Code,
 1698  the transaction fee collected for use of the online procurement
 1699  system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
 1700  Florida Statutes, shall be seven-tenths of 1 percent for the
 1701  2016-2017 fiscal year only. This section expires July 1, 2017.
 1702         Section 41. In order to implement Specific Appropriations
 1703  1533 and 1534 of the 2016-2017 General Appropriations Act,
 1704  paragraph (m) of subsection (3) of section 259.105, Florida
 1705  Statutes, is amended, and paragraph (n) is added to that
 1706  subsection, to read:
 1707         259.105 The Florida Forever Act.—
 1708         (3) Less the costs of issuing and the costs of funding
 1709  reserve accounts and other costs associated with bonds, the
 1710  proceeds of cash payments or bonds issued pursuant to this
 1711  section shall be deposited into the Florida Forever Trust Fund
 1712  created by s. 259.1051. The proceeds shall be distributed by the
 1713  Department of Environmental Protection in the following manner:
 1714         (m) Notwithstanding paragraphs (a)-(j) and for the 2016
 1715  2017 2015-2016 fiscal year only, $22,256,206 $17.4 million to
 1716  only the Division of State Lands within the Department of
 1717  Environmental Protection for the Board of Trustees Florida
 1718  Forever Priority List land acquisition projects and $30 million
 1719  to the Florida Communities Trust. This paragraph expires July 1,
 1720  2017 2016.
 1721         (n)1. For the 2016-2017 fiscal year:
 1722         a. Notwithstanding any allocation required pursuant to
 1723  paragraph (c), 66.67 percent of the funds available to the
 1724  Florida Communities Trust shall be allocated for projects
 1725  acquiring conservation or recreation lands to enhance
 1726  recreational opportunities for individuals with unique
 1727  abilities.
 1728         b. The Department of Environmental Protection may waive the
 1729  local government matching fund requirement in paragraph (c) for
 1730  projects acquiring conservation or recreation lands to enhance
 1731  recreational opportunities for individuals with unique
 1732  abilities.
 1733         2. This paragraph expires July 1, 2017.
 1734         Section 42. In order to implement Specific Appropriation
 1735  1698A of the 2016-2017 General Appropriations Act, subsection
 1736  (4) is added to section 375.075, Florida Statutes, to read:
 1737         375.075 Outdoor recreation; financial assistance to local
 1738  governments.—
 1739         (4)(a)For the 2016-2017 fiscal year:
 1740         1. Notwithstanding any other provision of this section, at
 1741  least 30 percent of the program funds for projects must be used
 1742  exclusively for projects that provide recreational enhancements
 1743  and opportunities for individuals with unique abilities. The
 1744  department shall conduct a separate grant application process
 1745  exclusively for such projects. The department shall make the
 1746  schedule for the grant application process for projects that
 1747  provide recreational enhancements and opportunities for
 1748  individuals with unique abilities publicly available and shall
 1749  award the grants for such projects by December 31, 2016.
 1750         2. Notwithstanding subsection (3), a local government may
 1751  submit up to three grant applications for projects, if at least
 1752  one of those projects provides recreational enhancements and
 1753  opportunities for individuals with unique abilities. The maximum
 1754  project grant for each project application that provides
 1755  recreational enhancements and opportunities for individuals with
 1756  unique abilities may not exceed $500,000 in state funds.
 1757         (b) The selection criteria used by the department for grant
 1758  applications submitted pursuant to this subsection shall
 1759  prioritize projects that allocate the greatest share of state
 1760  funds to provide recreational enhancements and opportunities for
 1761  individuals with unique abilities.
 1762         (c) This subsection expires July 1, 2017.
 1763         Section 43. In order to implement Specific Appropriation
 1764  1534 of the 2016-2017 General Appropriations Act, paragraph (h)
 1765  is added to subsection (2) of section 380.507, Florida Statutes,
 1766  to read:
 1767         380.507 Powers of the trust.—The trust shall have all the
 1768  powers necessary or convenient to carry out the purposes and
 1769  provisions of this part, including:
 1770         (2) To undertake, coordinate, or fund activities and
 1771  projects which will help bring local comprehensive plans into
 1772  compliance and help implement the goals, objectives, and
 1773  policies of the conservation, recreation and open space, and
 1774  coastal elements of local comprehensive plans, or which will
 1775  otherwise serve to conserve natural resources and resolve land
 1776  use conflicts, including, but not limited to:
 1777         (h) Projects that provide accessibility, availability, or
 1778  adaptability of conservation or recreation lands for individuals
 1779  with unique abilities. This paragraph expires July 1, 2017.
 1780         Section 44. In order to implement Specific Appropriations
 1781  1599, 1599A, 1599B, and 1748 of the 2016-2017 General
 1782  Appropriations Act, paragraph (d) of subsection (11) of section
 1783  216.181, Florida Statutes, is amended to read:
 1784         216.181 Approved budgets for operations and fixed capital
 1785  outlay.—
 1786         (11)
 1787         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1788  for the 2016-2017 2015-2016 fiscal year only, the Legislative
 1789  Budget Commission may increase the amounts appropriated to the
 1790  Fish and Wildlife Conservation Commission or the Department of
 1791  Environmental Protection for fixed capital outlay projects,
 1792  including additional fixed capital outlay projects, using funds
 1793  provided to the state from the Gulf Environmental Benefit Fund
 1794  administered by the National Fish and Wildlife Foundation; funds
 1795  provided to the state from the Gulf Coast Restoration Trust Fund
 1796  related to the Resources and Ecosystems Sustainability, Tourist
 1797  Opportunities, and Revived Economies of the Gulf Coast Act of
 1798  2012 (RESTORE Act); or funds provided by the British Petroleum
 1799  Corporation (BP) for natural resource damage assessment early
 1800  restoration projects. Concurrent with submission of an amendment
 1801  to the Legislative Budget Commission pursuant to this paragraph,
 1802  any project that carries a continuing commitment for future
 1803  appropriations by the Legislature must be specifically
 1804  identified, together with the projected amount of the future
 1805  commitment associated with the project and the fiscal years in
 1806  which the commitment is expected to commence. This paragraph
 1807  expires July 1, 2017 2016.
 1808  
 1809  The provisions of this subsection are subject to the notice and
 1810  objection procedures set forth in s. 216.177.
 1811         Section 45. In order to implement specific appropriations
 1812  from the Water Quality Assurance Trust Fund within the
 1813  Department of Environmental Protection contained in the 2016
 1814  2017 General Appropriations Act, paragraph (b) of subsection (2)
 1815  of section 206.9935, Florida Statutes, is amended to read:
 1816         206.9935 Taxes imposed.—
 1817         (2) TAX FOR WATER QUALITY.—
 1818         (b) The excise tax shall be the applicable rate as
 1819  specified in subparagraph 1. per barrel or per unit of
 1820  pollutant, or equivalent measure as established by the
 1821  department, produced in or imported into the state. If the
 1822  unobligated balance of the Water Quality Assurance Trust Fund is
 1823  or falls below $3 million, the tax shall be increased to the
 1824  applicable rates specified in subparagraph 2. and shall remain
 1825  at said rates until the unobligated balance in the fund exceeds
 1826  $5 million, at which time the tax shall be imposed at the rates
 1827  specified in subparagraph 1. If the unobligated balance of the
 1828  fund exceeds $12 million, the levy of the tax shall be
 1829  discontinued until the unobligated balance of the fund falls
 1830  below $5 million, at which time the tax shall be imposed at the
 1831  rates specified in subparagraph 1. Changes in the tax rates
 1832  pursuant to this paragraph shall take effect on the first day of
 1833  the month after 30 days’ notification to the Department of
 1834  Revenue when the unobligated balance of the fund falls below or
 1835  exceeds a limit set pursuant to this paragraph. The unobligated
 1836  balance of the Water Quality Assurance Trust Fund as it relates
 1837  to determination of the applicable excise tax rate shall exclude
 1838  the unobligated balances of funds of the Dry Cleaning, Operator
 1839  Certification, and nonagricultural nonpoint source programs, and
 1840  other required reservations of fund balance. The unobligated
 1841  balance in the Water Quality Assurance Trust Fund is based upon
 1842  the current unreserved fund balance, projected revenues,
 1843  authorized legislative appropriations, and funding for the
 1844  department’s base budget for the subsequent fiscal year.
 1845  Revenues for penalties collected pursuant to s. 403.121(11) and
 1846  all moneys recovered under s. 373.430(7) are exempt from the
 1847  calculation of the unobligated balance of the Water Quality
 1848  Assurance Trust Fund. Determination of the unobligated balance
 1849  of the Water Quality Assurance Trust Fund shall be performed
 1850  annually subsequent to the annual legislative appropriations
 1851  becoming law.
 1852         1. As provided in this paragraph, the tax shall be 2.36
 1853  cents per gallon of solvents, 1 cent per gallon of motor oil or
 1854  other lubricants, and 2 cents per barrel of petroleum products,
 1855  pesticides, ammonia, and chlorine.
 1856         2. As provided in this paragraph, the tax shall be 5.9
 1857  cents per gallon of solvents, 2.5 cents per gallon of motor oil
 1858  or other lubricants, 2 cents per barrel of ammonia, and 5 cents
 1859  per barrel of petroleum products, pesticides, and chlorine.
 1860         Section 46. The amendment made by this act to s.
 1861  206.9935(2)(b), Florida Statutes, expires July 1, 2017, and the
 1862  text of that paragraph shall revert to that in existence on June
 1863  30, 2016, except that any amendments to such text enacted other
 1864  than by this act shall be preserved and continue to operate to
 1865  the extent that such amendments are not dependent upon the
 1866  portions of text which expire pursuant to this section.
 1867         Section 47. In order to implement Specific Appropriation
 1868  1670 of the 2016-2017 General Appropriations Act, subsection (5)
 1869  of section 403.709, Florida Statutes, is amended to read:
 1870         403.709 Solid Waste Management Trust Fund; use of waste
 1871  tire fees.—There is created the Solid Waste Management Trust
 1872  Fund, to be administered by the department.
 1873         (5)(a) Notwithstanding subsection (1), a solid waste
 1874  landfill closure account is established within the Solid Waste
 1875  Management Trust Fund to provide funding for the closing and
 1876  long-term care of solid waste management facilities. The
 1877  department may use funds from the account to contract with a
 1878  third party for the closing and long-term care of a solid waste
 1879  management facility if:
 1880         1. The facility has or had a department permit to operate
 1881  the facility;
 1882         2. The permittee provided proof of financial assurance for
 1883  closure in the form of an insurance certificate;
 1884         3. The facility is deemed to be abandoned or was ordered to
 1885  close by the department;
 1886         4. Closure is accomplished in substantial accordance with a
 1887  closure plan approved by the department; and
 1888         5. The department has written documentation that the
 1889  insurance company issuing the closure insurance policy will
 1890  provide or reimburse the funds required to complete closing and
 1891  long-term care of the facility.
 1892         (b) The department shall deposit the funds received from
 1893  the insurance company as reimbursement for the costs of closing
 1894  or long-term care of the facility into the solid waste landfill
 1895  closure account.
 1896         (c) This subsection expires July 1, 2017 2016.
 1897         Section 48. Effective upon becoming a law and in order to
 1898  implement Specific Appropriation 1674 and section 49 of the
 1899  2016-2017 General Appropriations Act, and notwithstanding the
 1900  expiration of subsection (5) of section 403.7095, Florida
 1901  Statutes, which occurred on July 1, 2015, that subsection is
 1902  revived, reenacted, and amended to read:
 1903         403.7095 Solid waste management grant program.—
 1904         (5) Notwithstanding any other provision of this section,
 1905  and for the 2015-2016 and 2016-2017 2014-2015 fiscal years year
 1906  only, the Department of Environmental Protection shall award the
 1907  sum of $1,500,000 in grants in the 2015-2016 fiscal year and the
 1908  sum of $3,750,000 $3 million in grants in the 2016-2017 fiscal
 1909  year equally to counties having populations of fewer than
 1910  100,000 for waste tire and litter prevention, recycling
 1911  education, and general solid waste programs. This subsection
 1912  expires July 1, 2017 2015.
 1913         Section 49. In order to implement specific appropriations
 1914  from the land acquisition trust funds within the Department of
 1915  Agriculture and Consumer Services, the Department of
 1916  Environmental Protection, the Department of State, and the Fish
 1917  and Wildlife Conservation Commission which are contained in the
 1918  2016-2017 General Appropriations Act, subsection (3) of section
 1919  215.18, Florida Statutes, is amended to read:
 1920         215.18 Transfers between funds; limitation.—
 1921         (3) Notwithstanding subsection (1) and only with respect to
 1922  a land acquisition trust fund in the Department of Agriculture
 1923  and Consumer Services, the Department of Environmental
 1924  Protection, the Department of State, or the Fish and Wildlife
 1925  Conservation Commission, whenever there is a deficiency in a
 1926  land acquisition trust fund which would render that trust fund
 1927  temporarily insufficient to meet its just requirements,
 1928  including the timely payment of appropriations from that trust
 1929  fund, and other trust funds in the State Treasury have moneys
 1930  that are for the time being or otherwise in excess of the
 1931  amounts necessary to meet the just requirements, including
 1932  appropriated obligations, of those other trust funds, the
 1933  Governor may order a temporary transfer of moneys from one or
 1934  more of the other trust funds to a land acquisition trust fund
 1935  in the Department of Agriculture and Consumer Services, the
 1936  Department of Environmental Protection, the Department of State,
 1937  or the Fish and Wildlife Conservation Commission. Any action
 1938  proposed pursuant to this subsection is subject to the notice,
 1939  review, and objection procedures of s. 216.177, and the Governor
 1940  shall provide notice of such action at least 7 days before the
 1941  effective date of the transfer of trust funds, except that
 1942  during July 2016 2015, notice of such action shall be provided
 1943  at least 3 days before the effective date of a transfer unless
 1944  such 3-day notice is waived by the chair and vice-chair of the
 1945  Legislative Budget Commission. Any transfer of trust funds to a
 1946  land acquisition trust fund in the Department of Agriculture and
 1947  Consumer Services, the Department of Environmental Protection,
 1948  the Department of State, or the Fish and Wildlife Conservation
 1949  Commission must be repaid to the trust funds from which the
 1950  moneys were loaned by the end of the 2016-2017 2015-2016 fiscal
 1951  year. The Legislature has determined that the repayment of the
 1952  other trust fund moneys temporarily loaned to a land acquisition
 1953  trust fund in the Department of Agriculture and Consumer
 1954  Services, the Department of Environmental Protection, the
 1955  Department of State, or the Fish and Wildlife Conservation
 1956  Commission pursuant to this subsection is an allowable use of
 1957  the moneys in a land acquisition trust fund because the moneys
 1958  from other trust funds temporarily loaned to a land acquisition
 1959  trust fund shall be expended solely and exclusively in
 1960  accordance with s. 28, Art. X of the State Constitution. This
 1961  subsection expires July 1, 2017 2016.
 1962         Section 50. (1) In order to implement specific
 1963  appropriations from the land acquisition trust funds within the
 1964  Department of Agriculture and Consumer Services, the Department
 1965  of Environmental Protection, the Department of State, and the
 1966  Fish and Wildlife Conservation Commission which are contained in
 1967  the 2016-2017 General Appropriations Act, the Department of
 1968  Environmental Protection shall transfer revenues in the Land
 1969  Acquisition Trust Fund within the department to the land
 1970  acquisition trust funds within the Department of Agriculture and
 1971  Consumer Services, the Department of State, and the Fish and
 1972  Wildlife Conservation Commission, as provided in this section.
 1973  As used in this section, the term “department” means the
 1974  Department of Environmental Protection.
 1975         (2)After subtracting any required debt service payments,
 1976  the proportionate share of revenues to be transferred to a land
 1977  acquisition trust fund shall be calculated by dividing the
 1978  appropriations from each of the land acquisition trust funds for
 1979  the fiscal year by the total appropriations from the Land
 1980  Acquisition Trust Fund within the department and the land
 1981  acquisition trust funds within the Department of Agriculture and
 1982  Consumer Services, the Department of State, and the Fish and
 1983  Wildlife Commission for the fiscal year. The department shall
 1984  transfer a proportionate share of the revenues deposited into
 1985  the Land Acquisition Trust Fund within the department on a
 1986  monthly basis to the land acquisition trust funds within the
 1987  Department of Agriculture and Consumer Services, the Department
 1988  of State, and the Fish and Wildlife Commission and shall retain
 1989  a proportionate share of the revenues in the Land Acquisition
 1990  Trust Fund within the department. Total distributions to a land
 1991  acquisition trust fund within the Department of Agriculture and
 1992  Consumer Services, the Department of State, and the Fish and
 1993  Wildlife Commission may not exceed the total appropriations from
 1994  such trust fund for the fiscal year.
 1995         (3)This section expires July 1, 2017.
 1996         Section 51. In order to implement Specific Appropriation
 1997  1623B of the 2016-2017 General Appropriations Act, subsection
 1998  (9) of section 376.3071, Florida Statutes, is amended to read:
 1999         376.3071 Inland Protection Trust Fund; creation; purposes;
 2000  funding.—
 2001         (9) INVESTMENTS; INTEREST.—Moneys in the fund which are not
 2002  needed currently to meet the obligations of the department in
 2003  the exercise of its responsibilities under this section and s.
 2004  376.3073 shall be deposited with the Chief Financial Officer to
 2005  the credit of the fund and may be invested in such manner as
 2006  provided by law. The interest received on such investment shall
 2007  be credited to the fund. Any provisions of law to the contrary
 2008  notwithstanding, such interest may be freely transferred between
 2009  the trust fund and the Water Quality Assurance Trust Fund in the
 2010  discretion of the department or as authorized in the General
 2011  Appropriations Act.
 2012         Section 52. The amendment made by this act to s.
 2013  376.3071(9), Florida Statutes, expires July 1, 2017, and the
 2014  text of that subsection shall revert to that in existence on
 2015  June 30, 2016, except that any amendments to such text enacted
 2016  other than by this act shall be preserved and continue to
 2017  operate to the extent that such amendments are not dependent
 2018  upon the portions of text which expire pursuant to this section.
 2019         Section 53. In order to implement Specific Appropriation
 2020  2198 of the 2016-2017 General Appropriations Act, subsections
 2021  (4), (5), and (9) of section 288.047, Florida Statutes, are
 2022  amended to read:
 2023         288.047 Quick-response training for economic development.—
 2024         (4)(a)1. CareerSource Florida, Inc., may approve
 2025  applications and execute agreements with terms not to exceed 24
 2026  months under the Quick-Response Training Program as provided in
 2027  this section. However, the total amount of contractual
 2028  obligations at any given time may not exceed $30,000,000
 2029  million.
 2030         2. The total amount of reimbursements approved for payment
 2031  by CareerSource Florida, Inc., based on actual performance under
 2032  the grant agreement, may not exceed the amount appropriated to
 2033  CareerSource Florida, Inc., for such purposes in fiscal year
 2034  2016-2017. The department shall transfer funds to CareerSource
 2035  Florida, Inc., as needed to make reimbursement payments.
 2036  CareerSource Florida, Inc., may request an advance of the
 2037  appropriation for the Quick-Response Training Program in an
 2038  amount sufficient to reimburse estimated claims for the first
 2039  quarter of fiscal year 2016-2017.
 2040         (b) For the first 6 months of each fiscal year,
 2041  CareerSource Florida, Inc., shall set aside 30 percent of the
 2042  amount appropriated by the Legislature for the Quick-Response
 2043  Training Program to fund instructional programs for businesses
 2044  located in a rural area of opportunity an enterprise zone or
 2045  brownfield area. Any unencumbered funds remaining undisbursed
 2046  from this set-aside at the end of the 6-month period may be used
 2047  to provide funding for a program that qualifies for funding
 2048  pursuant to this section.
 2049         (5) Prior to the allocation of funds for a request made
 2050  pursuant to this section, CareerSource Florida, Inc., shall
 2051  prepare a grant agreement with between the business or industry
 2052  requesting funds, the educational institution receiving funding
 2053  through the program, and CareerSource Florida, Inc. Such
 2054  agreement may include an educational institution receiving
 2055  funding through the program and must include, but is not limited
 2056  to:
 2057         (a) An identification of the personnel necessary to conduct
 2058  the instructional program, the qualifications of such personnel,
 2059  and the respective responsibilities of the parties for paying
 2060  costs associated with the employment of such personnel.
 2061         (b) An identification of the estimated length of the
 2062  instructional program.
 2063         (c) An identification of all direct, training-related
 2064  costs, including tuition and fees, curriculum development, books
 2065  and classroom materials, and overhead or indirect costs, not to
 2066  exceed 5 percent of the grant amount.
 2067         (d) An identification of special program requirements that
 2068  are not addressed otherwise in the agreement.
 2069         (e) Permission to access information specific to the wages
 2070  and performance of participants upon the completion of
 2071  instruction for evaluation purposes. Information which, if
 2072  released, would disclose the identity of the person to whom the
 2073  information pertains or disclose the identity of the person’s
 2074  employer is confidential and exempt from the provisions of s.
 2075  119.07(1). The agreement must specify that any evaluations
 2076  published subsequent to the instruction may not identify the
 2077  employer or any individual participant.
 2078         (9) Notwithstanding any other provision of law, eligible
 2079  matching contributions received during the fiscal year from a
 2080  business or an industry participating in under this section from
 2081  the Quick-Response Training Program may be counted toward the
 2082  private sector support of Enterprise Florida, Inc., under s.
 2083  288.904.
 2084         Section 54. The amendments made by this act to s.
 2085  288.047(4), (5), and (9), Florida Statutes, expire July 1, 2017,
 2086  and the text of those subsections shall revert to that in
 2087  existence on June 30, 2016, except that any amendments to such
 2088  text enacted other than by this act shall be preserved and
 2089  continue to operate to the extent that such amendments are not
 2090  dependent upon the portions of text which expire pursuant to
 2091  this section.
 2092         Section 55. In order to implement Specific Appropriation
 2093  1895 of the 2016-2017 General Appropriations Act, paragraph (i)
 2094  of subsection (4) and paragraph (b) of subsection (5) of section
 2095  339.135, Florida Statutes, are amended, and notwithstanding the
 2096  expiration of paragraph (j) of subsection (4) and paragraph (c)
 2097  of subsection (5) of that section, which occurred on July 1,
 2098  2015, those paragraphs are revived, reenacted, and amended, to
 2099  read:
 2100         339.135 Work program; legislative budget request;
 2101  definitions; preparation, adoption, execution, and amendment.—
 2102         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 2103         (i) Notwithstanding paragraph (a), and for the 2016-2017
 2104  2015-2016 fiscal year only, the Department of Transportation
 2105  shall use appropriated funds to support the establishment of a
 2106  statewide system of interconnected multiuse trails and to pay
 2107  the costs of planning, land acquisition, design, and
 2108  construction of such trails and related facilities. Funds
 2109  specifically appropriated for this purpose may not reduce,
 2110  delete, or defer any existing projects funded as of July 1, 2016
 2111  2015, in the department’s 5-year work program. This paragraph
 2112  expires July 1, 2017 2016.
 2113         (j) Notwithstanding paragraph (a) and for the 2016-2017
 2114  2014-2015 fiscal year only, the department may use up to $15
 2115  million of appropriated funds to pay the costs of strategic and
 2116  regionally significant transportation projects. Funds may be
 2117  used to provide up to 75 percent of project costs for
 2118  production-ready eligible projects. Preference shall be given to
 2119  projects that support the state’s economic regions, or that have
 2120  been identified as regionally significant in accordance with s.
 2121  339.155(4)(c), (d), and (e), and that have an increased level of
 2122  nonstate match. This paragraph expires July 1, 2017 2015.
 2123         (5) ADOPTION OF THE WORK PROGRAM.—
 2124         (b) Notwithstanding paragraph (a), and for the 2016-2017
 2125  2015-2016 fiscal year only, the department shall use
 2126  appropriated funds to support the establishment of a statewide
 2127  system of interconnected multiuse trails and to pay the costs of
 2128  planning, land acquisition, design, and construction of such
 2129  trails and related facilities. Funds specifically appropriated
 2130  for this purpose may not reduce, delete, or defer any existing
 2131  projects funded as of July 1, 2016 2015, in the department’s 5
 2132  year work program. This paragraph expires July 1, 2017 2016.
 2133         (c) Notwithstanding paragraph (a), and for the 2016-2017
 2134  2014-2015 fiscal year only, the department may use appropriated
 2135  funds to pay the costs of strategic and regionally significant
 2136  transportation projects as provided in paragraph (4)(j). Funds
 2137  specifically appropriated for this purpose may not reduce,
 2138  delete, or defer any existing projects funded as of July 1, 2016
 2139  2014, in the department’s 5-year work program. This paragraph
 2140  expires July 1, 2017 2015.
 2141         Section 56. In order to implement Specific Appropriation
 2142  1890 of the 2016-2017 General Appropriations Act, subsection (2)
 2143  of section 339.2818, Florida Statutes, is amended to read:
 2144         339.2818 Small County Outreach Program.—
 2145         (2)(a) For the purposes of this section, the term “small
 2146  county” means any county that has a population of 150,000 or
 2147  less as determined by the most recent official estimate pursuant
 2148  to s. 186.901.
 2149         (b) Notwithstanding paragraph (a), for the 2016-2017 2015
 2150  2016 fiscal year, for purposes of this section, the term “small
 2151  county” means any county that has a population of 170,000
 2152  165,000 or less as determined by the most recent official
 2153  estimate pursuant to s. 186.901. This paragraph expires July 1,
 2154  2017 2016.
 2155         Section 57. In order to implement Specific Appropriation
 2156  1874 of the 2016-2017 General Appropriations Act, subsection
 2157  (10) of section 341.302, Florida Statutes, is reenacted to read:
 2158         341.302 Rail program; duties and responsibilities of the
 2159  department.—The department, in conjunction with other
 2160  governmental entities, including the rail enterprise and the
 2161  private sector, shall develop and implement a rail program of
 2162  statewide application designed to ensure the proper maintenance,
 2163  safety, revitalization, and expansion of the rail system to
 2164  assure its continued and increased availability to respond to
 2165  statewide mobility needs. Within the resources provided pursuant
 2166  to chapter 216, and as authorized under federal law, the
 2167  department shall:
 2168         (10)(a) Administer rail operating and construction
 2169  programs, which programs shall include the regulation of maximum
 2170  train operating speeds, the opening and closing of public grade
 2171  crossings, the construction and rehabilitation of public grade
 2172  crossings, the installation of traffic control devices at public
 2173  grade crossings, the approval and implementation of quiet zones,
 2174  and administration of the programs by the department, including
 2175  participation in the cost of the programs.
 2176         (b) Provide grant funding to assist with the implementation
 2177  of quiet zones that have been approved by the department, which
 2178  funding may not exceed 50 percent of the nonfederal and
 2179  nonprivate share of the total costs of any quiet zone capital
 2180  improvement project.
 2181         (c) Coordinate and work closely with local, state, and
 2182  federal agencies to provide technical support to local agencies
 2183  for the development of quiet zone plans.
 2184         (d) Monitor crossing incidents at approved quiet zone
 2185  locations and suspend the operation of a quiet zone at any time
 2186  the department determines that a significant deterioration in
 2187  safety is resulting from quiet zone implementation.
 2188         Section 58. The amendment to s. 341.302(10), Florida
 2189  Statutes, as carried forward by this act from chapter 2014-53,
 2190  Laws of Florida, expires July 1, 2017, and the text of that
 2191  subsection shall revert to that in existence on June 30, 2014,
 2192  except that any amendments to such text enacted other than by
 2193  this act shall be preserved and continue to operate to the
 2194  extent that such amendments are not dependent upon the portions
 2195  of text which expire pursuant to this section.
 2196         Section 59. In order to implement Specific Appropriation
 2197  1889 of the 2016-2017 General Appropriations Act, subsection (3)
 2198  of section 339.2816, Florida Statutes is amended to read:
 2199         339.2816 Small County Road Assistance Program.—
 2200         (3) In the 2016-2017 fiscal year Beginning with fiscal year
 2201  1999-2000 until fiscal year 2009-2010, and beginning again with
 2202  fiscal year 2012-2013, up to $50 $25 million annually from the
 2203  State Transportation Trust Fund may be used for the purposes of
 2204  funding the Small County Road Assistance Program as described in
 2205  this section.
 2206         Section 60. The amendment made by this act to s.
 2207  339.2816(3), Florida Statutes, expires July 1, 2017, and the
 2208  text of that subsection shall revert to that in existence on
 2209  June 30, 2015, except that any amendments to such text enacted
 2210  other than by this act shall be preserved and continue to
 2211  operate to the extent that such amendments are not dependent
 2212  upon the portions of text which expire pursuant to this section.
 2213         Section 61. In order to implement Specific Appropriation
 2214  2224 of the 2016-2017 General Appropriations Act, subsection
 2215  (10) of section 420.9072, Florida Statutes, is amended to read:
 2216         420.9072 State Housing Initiatives Partnership Program.—The
 2217  State Housing Initiatives Partnership Program is created for the
 2218  purpose of providing funds to counties and eligible
 2219  municipalities as an incentive for the creation of local housing
 2220  partnerships, to expand production of and preserve affordable
 2221  housing, to further the housing element of the local government
 2222  comprehensive plan specific to affordable housing, and to
 2223  increase housing-related employment.
 2224         (10) Notwithstanding ss. 420.9071(26) and 420.9075(5) and
 2225  subsection (7), for the 2016-2017 2015-2016 fiscal year:
 2226         (a) The term “rent subsidies” means ongoing monthly rental
 2227  assistance.
 2228         (b) Up to 25 percent of the funds made available in each
 2229  county and each eligible municipality from the local housing
 2230  distribution may be used for rental assistance and rent
 2231  subsidies as provided in paragraph (c).
 2232         (c) A county or an eligible municipality may expend its
 2233  portion of the local housing distribution to provide the
 2234  following types of rental assistance and rent subsidies:
 2235         1. Security and utility deposit assistance.
 2236         2. Eviction prevention subsidies not to exceed 6 months’
 2237  rent.
 2238         3. Rent subsidies for very-low-income households with at
 2239  least one adult who is a person with special needs as defined in
 2240  s. 420.0004 or a person who is homeless as defined in s. 420.621
 2241  when the person initially qualified for a rent subsidy. The
 2242  period of rental subsidy may not exceed 12 months for any
 2243  eligible household or person.
 2244         (d) This subsection expires July 1, 2017 2016.
 2245         Section 62. In order to implement Specific Appropriation
 2246  2223 of the 2016-2017 General Appropriations Act, subsection
 2247  (10) of section 420.5087, Florida Statutes, is amended to read:
 2248         420.5087 State Apartment Incentive Loan Program.—There is
 2249  hereby created the State Apartment Incentive Loan Program for
 2250  the purpose of providing first, second, or other subordinated
 2251  mortgage loans or loan guarantees to sponsors, including for
 2252  profit, nonprofit, and public entities, to provide housing
 2253  affordable to very-low-income persons.
 2254         (10)(a) Notwithstanding subsection (3), for the 2016-2017
 2255  2015-2016 fiscal year, the reservation of funds for the tenant
 2256  groups within each notice of fund availability shall be:
 2257         1. Not less than 10 percent of the funds available at that
 2258  time for the following tenant groups:
 2259         a. Families;
 2260         b. Persons who are homeless;
 2261         c. Persons with special needs; and
 2262         d. Elderly persons.
 2263         2. Not less than 5 percent of the funds available at that
 2264  time for the commercial fishing workers and farmworkers tenant
 2265  group.
 2266         (b) Notwithstanding the provisions of this section which
 2267  require program funds be used for housing for very-low income
 2268  persons and the provisions of subparagraph (6)(c)4. which
 2269  require that specified percentages of the units in a project be
 2270  reserved for persons or families of specified income levels, for
 2271  the 2016-2017 fiscal year, the corporation shall issue a notice
 2272  of fund availability for $20 million for loans for the
 2273  construction of workforce housing to serve primarily low-income
 2274  persons, as defined in s. 420.0004.
 2275         (c) This subsection expires July 1, 2017 2016.
 2276         Section 63. In order to implement Specific Appropriation
 2277  1856 of the 2016-2017 General Appropriations Act, subsection
 2278  (30) is added to section 427.013, Florida Statutes, to read:
 2279         427.013 The Commission for the Transportation
 2280  Disadvantaged; purpose and responsibilities.—The purpose of the
 2281  commission is to accomplish the coordination of transportation
 2282  services provided to the transportation disadvantaged. The goal
 2283  of this coordination is to assure the cost-effective provision
 2284  of transportation by qualified community transportation
 2285  coordinators or transportation operators for the transportation
 2286  disadvantaged without any bias or presumption in favor of
 2287  multioperator systems or not-for-profit transportation operators
 2288  over single operator systems or for-profit transportation
 2289  operators. In carrying out this purpose, the commission shall:
 2290         (30) For the 2016-2017 fiscal year and notwithstanding any
 2291  other provision of this section:
 2292         (a) Allocate, from funds provided in the General
 2293  Appropriations Act, to community transportation coordinators who
 2294  do not receive Urbanized Area Formula funds pursuant to 49
 2295  U.S.C. s. 5307 to provide transportation services for persons
 2296  with disabilities, older adults, and low-income persons so they
 2297  may access health care, employment, education, and other life
 2298  sustaining activities. Funds allocated for this purpose shall be
 2299  distributed among community transportation coordinators based
 2300  upon the Transportation Disadvantaged Trip and Equipment
 2301  allocation methodology established by the commission.
 2302         (b) Award, from funds provided in the General
 2303  Appropriations Act, competitive grants to community
 2304  transportation coordinators to address unique transportation
 2305  challenges of persons with disabilities, older adults, and low
 2306  income persons seeking to obtain or maintain employment; to
 2307  allow residents of inner-city, urban, or rural neighborhoods to
 2308  access jobs; and to provide transportation services for persons
 2309  who work late at night or on weekends when conventional transit
 2310  services are reduced or unavailable.
 2311         (c) Award, from funds provided in the General
 2312  Appropriations Act, competitive grants to community
 2313  transportation coordinators to support transportation projects
 2314  to:
 2315         1. Enhance access to health care, shopping, education,
 2316  employment, public services, and recreation;
 2317         2. Assist in the development, improvement, and use of
 2318  transportation systems in nonurbanized areas;
 2319         3. Promote the efficient coordination of services;
 2320         4. Support inner-city bus transportation; and
 2321         5. Encourage private transportation providers to
 2322  participate.
 2323         (d) This subsection expires July 1, 2017.
 2324         Section 64. In order to implement the salaries and
 2325  benefits, expenses, other personal services, contracted
 2326  services, special categories, and operating capital outlay
 2327  categories of the 2016-2017 General Appropriations Act,
 2328  paragraph (a) of subsection (2) of section 216.292, Florida
 2329  Statutes, is reenacted to read:
 2330         216.292 Appropriations nontransferable; exceptions.—
 2331         (2) The following transfers are authorized to be made by
 2332  the head of each department or the Chief Justice of the Supreme
 2333  Court whenever it is deemed necessary by reason of changed
 2334  conditions:
 2335         (a) The transfer of appropriations funded from identical
 2336  funding sources, except appropriations for fixed capital outlay,
 2337  and the transfer of amounts included within the total original
 2338  approved budget and plans of releases of appropriations as
 2339  furnished pursuant to ss. 216.181 and 216.192, as follows:
 2340         1. Between categories of appropriations within a budget
 2341  entity, if no category of appropriation is increased or
 2342  decreased by more than 5 percent of the original approved budget
 2343  or $250,000, whichever is greater, by all action taken under
 2344  this subsection.
 2345         2. Between budget entities within identical categories of
 2346  appropriations, if no category of appropriation is increased or
 2347  decreased by more than 5 percent of the original approved budget
 2348  or $250,000, whichever is greater, by all action taken under
 2349  this subsection.
 2350         3. Any agency exceeding salary rate established pursuant to
 2351  s. 216.181(8) on June 30th of any fiscal year shall not be
 2352  authorized to make transfers pursuant to subparagraphs 1. and 2.
 2353  in the subsequent fiscal year.
 2354         4. Notice of proposed transfers under subparagraphs 1. and
 2355  2. shall be provided to the Executive Office of the Governor and
 2356  the chairs of the legislative appropriations committees at least
 2357  3 days prior to agency implementation in order to provide an
 2358  opportunity for review.
 2359         Section 65. The amendment to s. 216.292(2)(a), Florida
 2360  Statutes, as carried forward by this act from chapter 2014-53,
 2361  Laws of Florida, expires July 1, 2017, and the text of that
 2362  paragraph shall revert to that in existence on June 30, 2014,
 2363  except that any amendments to such text enacted other than by
 2364  this act shall be preserved and continue to operate to the
 2365  extent that such amendments are not dependent upon the portions
 2366  of text which expire pursuant to this section.
 2367         Section 66. In order to implement the appropriation of
 2368  funds in the contracted services and expenses categories of the
 2369  2016-2017 General Appropriations Act, a state agency may not
 2370  initiate a competitive solicitation for a product or service if
 2371  the completion of such competitive solicitation would:
 2372         (1) Require a change in law; or
 2373         (2) Require a change to the agency’s budget other than a
 2374  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2375  unless the initiation of such competitive solicitation is
 2376  specifically authorized in law, in the General Appropriations
 2377  Act, or by the Legislative Budget Commission.
 2378  
 2379  This section does not apply to a competitive solicitation for
 2380  which the agency head certifies that a valid emergency exists.
 2381  This section expires July 1, 2017.
 2382         Section 67. In order to implement the appropriation of
 2383  funds in the appropriation category “Special Categories-Risk
 2384  Management Insurance” in the 2016-2017 General Appropriations
 2385  Act, and pursuant to the notice, review, and objection
 2386  procedures of s. 216.177, Florida Statutes, the Executive Office
 2387  of the Governor may transfer funds appropriated in that category
 2388  between departments in order to align the budget authority
 2389  granted with the premiums paid by each department for risk
 2390  management insurance. This section expires July 1, 2017.
 2391         Section 68. In order to implement the appropriation of
 2392  funds in the appropriation category “Special Categories-Transfer
 2393  to Department of Management Services-Human Resources Services
 2394  Purchased per Statewide Contract” in the 2016-2017 General
 2395  Appropriations Act, and pursuant to the notice, review, and
 2396  objection procedures of s. 216.177, Florida Statutes, the
 2397  Executive Office of the Governor may transfer funds appropriated
 2398  in that category between departments in order to align the
 2399  budget authority granted with the assessments that must be paid
 2400  by each agency to the Department of Management Services for
 2401  human resource management services. This section expires July 1,
 2402  2017.
 2403         Section 69. In order to implement appropriations for
 2404  salaries and benefits in the 2016-2017 General Appropriations
 2405  Act, subsection (6) of section 112.24, Florida Statutes, is
 2406  amended to read:
 2407         112.24 Intergovernmental interchange of public employees.
 2408  To encourage economical and effective utilization of public
 2409  employees in this state, the temporary assignment of employees
 2410  among agencies of government, both state and local, and
 2411  including school districts and public institutions of higher
 2412  education is authorized under terms and conditions set forth in
 2413  this section. State agencies, municipalities, and political
 2414  subdivisions are authorized to enter into employee interchange
 2415  agreements with other state agencies, the Federal Government,
 2416  another state, a municipality, or a political subdivision
 2417  including a school district, or with a public institution of
 2418  higher education. State agencies are also authorized to enter
 2419  into employee interchange agreements with private institutions
 2420  of higher education and other nonprofit organizations under the
 2421  terms and conditions provided in this section. In addition, the
 2422  Governor or the Governor and Cabinet may enter into employee
 2423  interchange agreements with a state agency, the Federal
 2424  Government, another state, a municipality, or a political
 2425  subdivision including a school district, or with a public
 2426  institution of higher learning to fill, subject to the
 2427  requirements of chapter 20, appointive offices which are within
 2428  the executive branch of government and which are filled by
 2429  appointment by the Governor or the Governor and Cabinet. Under
 2430  no circumstances shall employee interchange agreements be
 2431  utilized for the purpose of assigning individuals to participate
 2432  in political campaigns. Duties and responsibilities of
 2433  interchange employees shall be limited to the mission and goals
 2434  of the agencies of government.
 2435         (6) For the 2016-2017 2015-2016 fiscal year only, the
 2436  assignment of an employee of a state agency as provided in this
 2437  section may be made if recommended by the Governor or Chief
 2438  Justice, as appropriate, and approved by the chairs of the
 2439  legislative appropriations committees. Such actions shall be
 2440  deemed approved if neither chair provides written notice of
 2441  objection within 14 days after receiving notice of the action
 2442  pursuant to s. 216.177. This subsection expires July 1, 2017
 2443  2016.
 2444         Section 70. In order to implement Specific Appropriations
 2445  2652 and 2653 of the 2016-2017 General Appropriations Act and
 2446  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2447  salaries for members of the Legislature for the 2016-2017 fiscal
 2448  year shall be set at the same level in effect on July 1, 2010.
 2449  This section expires July 1, 2017.
 2450         Section 71. In order to implement the transfer of funds to
 2451  the General Revenue Fund from trust funds in the 2016-2017
 2452  General Appropriations Act, paragraph (b) of subsection (2) of
 2453  section 215.32, Florida Statutes, is reenacted to read:
 2454         215.32 State funds; segregation.—
 2455         (2) The source and use of each of these funds shall be as
 2456  follows:
 2457         (b)1. The trust funds shall consist of moneys received by
 2458  the state which under law or under trust agreement are
 2459  segregated for a purpose authorized by law. The state agency or
 2460  branch of state government receiving or collecting such moneys
 2461  is responsible for their proper expenditure as provided by law.
 2462  Upon the request of the state agency or branch of state
 2463  government responsible for the administration of the trust fund,
 2464  the Chief Financial Officer may establish accounts within the
 2465  trust fund at a level considered necessary for proper
 2466  accountability. Once an account is established, the Chief
 2467  Financial Officer may authorize payment from that account only
 2468  upon determining that there is sufficient cash and releases at
 2469  the level of the account.
 2470         2. In addition to other trust funds created by law, to the
 2471  extent possible, each agency shall use the following trust funds
 2472  as described in this subparagraph for day-to-day operations:
 2473         a. Operations or operating trust fund, for use as a
 2474  depository for funds to be used for program operations funded by
 2475  program revenues, with the exception of administrative
 2476  activities when the operations or operating trust fund is a
 2477  proprietary fund.
 2478         b. Operations and maintenance trust fund, for use as a
 2479  depository for client services funded by third-party payors.
 2480         c. Administrative trust fund, for use as a depository for
 2481  funds to be used for management activities that are departmental
 2482  in nature and funded by indirect cost earnings and assessments
 2483  against trust funds. Proprietary funds are excluded from the
 2484  requirement of using an administrative trust fund.
 2485         d. Grants and donations trust fund, for use as a depository
 2486  for funds to be used for allowable grant or donor agreement
 2487  activities funded by restricted contractual revenue from private
 2488  and public nonfederal sources.
 2489         e. Agency working capital trust fund, for use as a
 2490  depository for funds to be used pursuant to s. 216.272.
 2491         f. Clearing funds trust fund, for use as a depository for
 2492  funds to account for collections pending distribution to lawful
 2493  recipients.
 2494         g. Federal grant trust fund, for use as a depository for
 2495  funds to be used for allowable grant activities funded by
 2496  restricted program revenues from federal sources.
 2497  
 2498  To the extent possible, each agency must adjust its internal
 2499  accounting to use existing trust funds consistent with the
 2500  requirements of this subparagraph. If an agency does not have
 2501  trust funds listed in this subparagraph and cannot make such
 2502  adjustment, the agency must recommend the creation of the
 2503  necessary trust funds to the Legislature no later than the next
 2504  scheduled review of the agency’s trust funds pursuant to s.
 2505  215.3206.
 2506         3. All such moneys are hereby appropriated to be expended
 2507  in accordance with the law or trust agreement under which they
 2508  were received, subject always to the provisions of chapter 216
 2509  relating to the appropriation of funds and to the applicable
 2510  laws relating to the deposit or expenditure of moneys in the
 2511  State Treasury.
 2512         4.a. Notwithstanding any provision of law restricting the
 2513  use of trust funds to specific purposes, unappropriated cash
 2514  balances from selected trust funds may be authorized by the
 2515  Legislature for transfer to the Budget Stabilization Fund and
 2516  General Revenue Fund in the General Appropriations Act.
 2517         b. This subparagraph does not apply to trust funds required
 2518  by federal programs or mandates; trust funds established for
 2519  bond covenants, indentures, or resolutions whose revenues are
 2520  legally pledged by the state or public body to meet debt service
 2521  or other financial requirements of any debt obligations of the
 2522  state or any public body; the Division of Licensing Trust Fund
 2523  in the Department of Agriculture and Consumer Services; the
 2524  State Transportation Trust Fund; the trust fund containing the
 2525  net annual proceeds from the Florida Education Lotteries; the
 2526  Florida Retirement System Trust Fund; trust funds under the
 2527  management of the State Board of Education or the Board of
 2528  Governors of the State University System, where such trust funds
 2529  are for auxiliary enterprises, self-insurance, and contracts,
 2530  grants, and donations, as those terms are defined by general
 2531  law; trust funds that serve as clearing funds or accounts for
 2532  the Chief Financial Officer or state agencies; trust funds that
 2533  account for assets held by the state in a trustee capacity as an
 2534  agent or fiduciary for individuals, private organizations, or
 2535  other governmental units; and other trust funds authorized by
 2536  the State Constitution.
 2537         Section 72. The amendment to s. 215.32(2)(b), Florida
 2538  Statutes, as carried forward by this act from chapter 2011-47,
 2539  Laws of Florida, expires July 1, 2017, and the text of that
 2540  paragraph shall revert to that in existence on June 30, 2011,
 2541  except that any amendments to such text enacted other than by
 2542  this act shall be preserved and continue to operate to the
 2543  extent that such amendments are not dependent upon the portions
 2544  of text which expire pursuant to this section.
 2545         Section 73. In order to implement the issuance of new debt
 2546  authorized in the 2016-2017 General Appropriations Act, and
 2547  pursuant to s. 215.98, Florida Statutes, the Legislature
 2548  determines that the authorization and issuance of debt for the
 2549  2016-2017 fiscal year should be implemented and is in the best
 2550  interest of the state. This section expires July 1, 2017.
 2551         Section 74. In order to implement appropriations in the
 2552  2016-2017 General Appropriations Act for state employee travel,
 2553  the funds appropriated to each state agency which may be used
 2554  for travel by state employees shall be limited during the 2016
 2555  2017 fiscal year to travel for activities that are critical to
 2556  each state agency’s mission. Funds may not be used for travel by
 2557  state employees to foreign countries, other states, conferences,
 2558  staff training activities, or other administrative functions
 2559  unless the agency head has approved, in writing, that such
 2560  activities are critical to the agency’s mission. The agency head
 2561  shall consider using teleconferencing and other forms of
 2562  electronic communication to meet the needs of the proposed
 2563  activity before approving mission-critical travel. This section
 2564  does not apply to travel for law enforcement purposes, military
 2565  purposes, emergency management activities, or public health
 2566  activities. This section expires July 1, 2017.
 2567         Section 75. In order to implement Specific Appropriations
 2568  2892 through 2913 of the 2016-2017 General Appropriations Act,
 2569  funded from the data processing appropriation category for
 2570  computing services of user agencies, and pursuant to the notice,
 2571  review, and objection procedures of s. 216.177, Florida
 2572  Statutes, the Executive Office of the Governor may transfer
 2573  funds appropriated for data processing in the 2016-2017 General
 2574  Appropriations Act between agencies in order to align the budget
 2575  authority granted with the utilization rate of each department.
 2576  This section expires July 1, 2017.
 2577         Section 76. In order to implement the appropriation of
 2578  funds in the appropriation category “Data Processing Services
 2579  State Data Center-Agency for State Technology (AST)” in the
 2580  2016-2017 General Appropriations Act, and pursuant to the
 2581  notice, review, and objection procedures of s. 216.177, Florida
 2582  Statutes, the Executive Office of the Governor may transfer
 2583  funds appropriated in that category between departments in order
 2584  to align the budget authority granted based on the estimated
 2585  billing cycle and methodology used by the Agency for State
 2586  Technology for data processing services provided by the State
 2587  Data Center. This section expires July 1, 2017.
 2588         Section 77. In order to implement appropriations authorized
 2589  in the 2016-2017 General Appropriations Act for data center
 2590  services, and notwithstanding s. 216.292(2)(a), Florida
 2591  Statutes, except as authorized in sections 75 and 76 of this
 2592  act, an agency may not transfer funds from a data processing
 2593  category to a category other than another data processing
 2594  category. This section expires July 1, 2017.
 2595         Section 78. In order to implement Specific Appropriation
 2596  2826 of the 2016-2017 General Appropriations Act, the Executive
 2597  Office of the Governor may transfer funds appropriated in the
 2598  appropriation category “Expenses” of the 2016-2017 General
 2599  Appropriations Act between agencies in order to allocate a
 2600  reduction relating to SUNCOM Network services. This section
 2601  expires July 1, 2017.
 2602         Section 79. In order to implement section 8 of the 2015
 2603  2016 General Appropriations Act, section 110.12315, Florida
 2604  Statutes, is reenacted to read:
 2605         110.12315 Prescription drug program.—The state employees’
 2606  prescription drug program is established. This program shall be
 2607  administered by the Department of Management Services, according
 2608  to the terms and conditions of the plan as established by the
 2609  relevant provisions of the annual General Appropriations Act and
 2610  implementing legislation, subject to the following conditions:
 2611         (1) The department shall allow prescriptions written by
 2612  health care providers under the plan to be filled by any
 2613  licensed pharmacy pursuant to contractual claims-processing
 2614  provisions. Nothing in this section may be construed as
 2615  prohibiting a mail order prescription drug program distinct from
 2616  the service provided by retail pharmacies.
 2617         (2) In providing for reimbursement of pharmacies for
 2618  prescription medicines dispensed to members of the state group
 2619  health insurance plan and their dependents under the state
 2620  employees’ prescription drug program:
 2621         (a) Retail pharmacies participating in the program must be
 2622  reimbursed at a uniform rate and subject to uniform conditions,
 2623  according to the terms and conditions of the plan.
 2624         (b) There shall be a 30-day supply limit for prescription
 2625  card purchases, a 90-day supply limit for maintenance
 2626  prescription drug purchases, and a 90-day supply limit for mail
 2627  order or mail order prescription drug purchases.
 2628         (c) The pharmacy dispensing fee shall be negotiated by the
 2629  department.
 2630         (3) Pharmacy reimbursement rates shall be as follows:
 2631         (a) For mail order and specialty pharmacies contracting
 2632  with the department, reimbursement rates shall be as established
 2633  in the contract.
 2634         (b) For retail pharmacies, the reimbursement rate shall be
 2635  at the same rate as mail order pharmacies under contract with
 2636  the department.
 2637         (4) The department shall maintain the preferred brand name
 2638  drug list to be used in the administration of the state
 2639  employees’ prescription drug program.
 2640         (5) The department shall maintain a list of maintenance
 2641  drugs.
 2642         (a) Preferred provider organization health plan members may
 2643  have prescriptions for maintenance drugs filled up to three
 2644  times as a 30-day supply through a retail pharmacy; thereafter,
 2645  prescriptions for the same maintenance drug must be filled as a
 2646  90-day supply either through the department’s contracted mail
 2647  order pharmacy or through a retail pharmacy.
 2648         (b) Health maintenance organization health plan members may
 2649  have prescriptions for maintenance drugs filled as a 90-day
 2650  supply either through a mail order pharmacy or through a retail
 2651  pharmacy.
 2652         (6) Copayments made by health plan members for a 90-day
 2653  supply through a retail pharmacy shall be the same as copayments
 2654  made for a 90-day supply through the department’s contracted
 2655  mail order pharmacy.
 2656         (7) The department shall establish the reimbursement
 2657  schedule for prescription pharmaceuticals dispensed under the
 2658  program. Reimbursement rates for a prescription pharmaceutical
 2659  must be based on the cost of the generic equivalent drug if a
 2660  generic equivalent exists, unless the physician prescribing the
 2661  pharmaceutical clearly states on the prescription that the brand
 2662  name drug is medically necessary or that the drug product is
 2663  included on the formulary of drug products that may not be
 2664  interchanged as provided in chapter 465, in which case
 2665  reimbursement must be based on the cost of the brand name drug
 2666  as specified in the reimbursement schedule adopted by the
 2667  department.
 2668         (8) The department shall conduct a prescription utilization
 2669  review program. In order to participate in the state employees’
 2670  prescription drug program, retail pharmacies dispensing
 2671  prescription medicines to members of the state group health
 2672  insurance plan or their covered dependents, or to subscribers or
 2673  covered dependents of a health maintenance organization plan
 2674  under the state group insurance program, shall make their
 2675  records available for this review.
 2676         (9) The department shall implement such additional cost
 2677  saving measures and adjustments as may be required to balance
 2678  program funding within appropriations provided, including a
 2679  trial or starter dose program and dispensing of long-term
 2680  maintenance medication in lieu of acute therapy medication.
 2681         (10) Participating pharmacies must use a point-of-sale
 2682  device or an online computer system to verify a participant’s
 2683  eligibility for coverage. The state is not liable for
 2684  reimbursement of a participating pharmacy for dispensing
 2685  prescription drugs to any person whose current eligibility for
 2686  coverage has not been verified by the state’s contracted
 2687  administrator or by the department.
 2688         (11) Under the state employees’ prescription drug program
 2689  copayments must be made as follows:
 2690         (a) Effective January 1, 2013, for the State Group Health
 2691  Insurance Standard Plan:
 2692         1. For generic drug with card.........................$7.
 2693         2. For preferred brand name drug with card...........$30.
 2694         3. For nonpreferred brand name drug with card........$50.
 2695         4. For generic mail order drug.......................$14.
 2696         5. For preferred brand name mail order drug..........$60.
 2697         6. For nonpreferred brand name mail order drug......$100.
 2698         (b) Effective January 1, 2006, for the State Group Health
 2699  Insurance High Deductible Plan:
 2700         1. Retail coinsurance for generic drug with card.....30%.
 2701         2. Retail coinsurance for preferred brand name drug with
 2702  card........................................................30%.
 2703         3. Retail coinsurance for nonpreferred brand name drug with
 2704  card........................................................50%.
 2705         4. Mail order coinsurance for generic drug...........30%.
 2706         5. Mail order coinsurance for preferred brand name drug30%.
 2707         6. Mail order coinsurance for nonpreferred brand name
 2708  drug........................................................50%.
 2709         (c) The department shall create a preferred brand name drug
 2710  list to be used in the administration of the state employees’
 2711  prescription drug program.
 2712         Section 80. (1) The amendment to s. 110.12315(2)(b),
 2713  Florida Statutes, as carried forward by this act from chapter
 2714  2014-53, Laws of Florida, expires July 1, 2017, and the text of
 2715  that paragraph shall revert to that in existence on June 30,
 2716  2012, except that any amendments to such text enacted other than
 2717  by this act shall be preserved and continue to operate to the
 2718  extent that such amendments are not dependent upon the portions
 2719  of text which expire pursuant to this section.
 2720         (2) The amendments to s. 110.12315(2)(c) and (3)-(6),
 2721  Florida Statutes, as carried forward by this act from chapter
 2722  2014-53, Laws of Florida, expire July 1, 2017, and the text of
 2723  that paragraph and the text and numbering of those subsections
 2724  shall revert to those in existence on June 30, 2014, except that
 2725  any amendments to such text enacted other than by this act shall
 2726  be preserved and continue to operate to the extent that such
 2727  amendments are not dependent upon the portions of text which
 2728  expire pursuant to this section.
 2729         (3) The amendment to s. 110.12315(7), Florida Statutes, as
 2730  carried forward by this act from chapter 2014-53, Laws of
 2731  Florida, expires July 1, 2017, and the text of that subsection
 2732  shall revert to that in existence on December 31, 2010, except
 2733  that any amendments to such text enacted other than by this act
 2734  shall be preserved and continue to operate to the extent that
 2735  such amendments are not dependent upon the portions of text
 2736  which expire pursuant to this section.
 2737         Section 81. Any section of this act which implements a
 2738  specific appropriation or specifically identified proviso
 2739  language in the 2016-2017 General Appropriations Act is void if
 2740  the specific appropriation or specifically identified proviso
 2741  language is vetoed. Any section of this act which implements
 2742  more than one specific appropriation or more than one portion of
 2743  specifically identified proviso language in the 2016-2017
 2744  General Appropriations Act is void if all the specific
 2745  appropriations or portions of specifically identified proviso
 2746  language are vetoed.
 2747         Section 82. If any other act passed during the 2016 Regular
 2748  Session contains a provision that is substantively the same as a
 2749  provision in this act, but that removes or is otherwise not
 2750  subject to the future repeal applied to such provision by this
 2751  act, the Legislature intends that the provision in the other act
 2752  takes precedence and continues to operate, notwithstanding the
 2753  future repeal provided by this act.
 2754         Section 83. If any provision of this act or its application
 2755  to any person or circumstance is held invalid, the invalidity
 2756  does not affect other provisions or applications of the act
 2757  which can be given effect without the invalid provision or
 2758  application, and to this end the provisions of this act are
 2759  severable.
 2760         Section 84. Except as otherwise expressly provided in this
 2761  act and except for this section, which shall take effect upon
 2762  this act becoming a law, this act shall take effect July 1,
 2763  2016.