Florida Senate - 2015                                  SB 2502-A
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00027-15A                                         20152502A__
    1                        A bill to be entitled                      
    2         An act relating to implementing the 2015-2016 General
    3         Appropriations Act; providing legislative intent;
    4         incorporating by reference certain calculations of the
    5         Florida Education Finance Program; providing that
    6         funds for instructional materials must be released and
    7         expended as required in specified proviso language,
    8         notwithstanding other provisions of law; amending s.
    9         1013.64, F.S.; revising the basis for allocating fixed
   10         capital outlay funds for existing satisfactory
   11         facilities; providing the required ad valorem tax
   12         millage contribution by certain district school boards
   13         for funded construction projects; amending s. 1011.62,
   14         F.S.; requiring supplemental academic instruction
   15         categorical funds and research-based reading
   16         instruction allocation funds to be used by a school
   17         district with at least one of certain lowest
   18         performing elementary schools for additional intensive
   19         reading instruction at such school during the summer
   20         program in addition to the school year; providing that
   21         the additional instruction requirements continue in
   22         the subsequent year for certain students; revising the
   23         funding of full-time equivalent values for students
   24         who earn CAPE industry certifications through dual
   25         enrollment; increasing the bonus awarded to teachers
   26         who provided instruction in courses that led to
   27         certain CAPE industry certifications; specifying a
   28         maximum bonus amount per teacher per school year;
   29         revising the calculation of the discretionary millage
   30         compression supplement amount; revising the
   31         computation of district sparsity index for districts
   32         with a specified full-time equivalent student
   33         membership; deleting obsolete language; revising the
   34         calculation of the virtual education contribution;
   35         creating a federally connected student supplement for
   36         school districts; specifying eligibility requirements
   37         and calculations for the supplement; amending s.
   38         1011.71, F.S.; conforming a cross-reference;
   39         authorizing enterprise resource software to be
   40         acquired by certain fees and agreements; requiring the
   41         Board of Governors and the State Board of Education to
   42         base state performance funds for the State University
   43         System and the Florida College System, respectively,
   44         on specified metrics adopted by each board; specifying
   45         allocation of the funds; requiring certain funds to be
   46         withheld from an institution based on specified
   47         performance; requiring the boards to submit reports by
   48         a specified time to the Governor and the Legislature;
   49         incorporating by reference certain calculations for
   50         the Medicaid Low-Income Pool and Disproportionate
   51         Share Hospital programs; requiring the Agency for
   52         Health Care Administration to retroactively adjust
   53         hospital payment rates to align payments with
   54         available intergovernmental transfer funding under
   55         certain circumstances; amending s. 20.435, F.S.;
   56         revising the authorized uses of funding in the Medical
   57         Quality Assurance Trust Fund; prioritizing which
   58         categories of individuals on the wait list of the
   59         Agency for Persons with Disabilities shall be offered
   60         slots in the Medicaid home and community-based waiver
   61         programs; requiring the agency to allow an individual
   62         to receive waiver services if his or her parent or
   63         guardian is an active duty servicemember transferred
   64         to Florida and previously received these services in
   65         another state; providing that individuals remaining on
   66         the wait list are not entitled to a hearing in
   67         accordance with federal law or administrative
   68         proceeding under state law; amending s. 296.37, F.S.;
   69         requiring certain residents of a veterans’ nursing
   70         home to contribute to his or her maintenance and
   71         support; authorizing the Agency for Health Care
   72         Administration, in consultation with the Department of
   73         Health, to submit a budget amendment to reflect
   74         certain enrollment changes within the Children’s
   75         Medical Services network; providing that certain funds
   76         provided for training purposes shall be allocated to
   77         community-based lead agencies based on a training
   78         needs assessment conducted by the Department of
   79         Children and Families; amending s. 216.262, F.S.;
   80         authorizing the Department of Corrections under
   81         certain circumstances to submit a budget amendment for
   82         additional positions; authorizing the Department of
   83         Legal Affairs to expend certain appropriated funds on
   84         programs that were funded by the department from
   85         specific appropriations in general appropriations acts
   86         in previous years; amending s. 932.7055, F.S.;
   87         authorizing a municipality to expend funds from its
   88         special law enforcement trust fund to reimburse the
   89         municipality’s general fund for moneys advanced from
   90         the general fund before a certain date; amending s.
   91         215.18, F.S.; providing for trust fund loans to the
   92         state court system sufficient to meet its
   93         appropriation; providing procedures for accessing and
   94         repaying the loan; directing the Department of
   95         Management Services to use tenant broker services to
   96         renegotiate or reprocure leases for office or storage
   97         space; requiring the Department of Management Services
   98         to provide a report to the Governor and the
   99         Legislature; reenacting s. 624.502, F.S., relating to
  100         the deposit of fees for service of process made upon
  101         the Chief Financial Officer or Office of Insurance
  102         Regulation; providing for deposit of such fees into
  103         the Administrative Trust Fund rather than the
  104         Insurance Regulatory Trust Fund; authorizing the
  105         Agency for Persons with Disabilities, the Department
  106         of Agriculture and Consumer Services, the Department
  107         of Environmental Protection, the Fish and Wildlife
  108         Commission, and the Department of State to submit a
  109         budget amendment to realign funding, to increase
  110         certain budget authority from trust funds, or to
  111         transfer trust funds in order to implement specified
  112         law; amending s. 403.7095, F.S.; requiring the
  113         Department of Environmental Protection to award a
  114         specified amount in grants to certain small counties
  115         for waste tire and litter prevention, recycling
  116         education, and solid waste programs; amending s.
  117         259.105, F.S.; providing that certain funds in the
  118         Florida Forever Trust Fund shall be distributed to
  119         only the Division of State Lands within the Department
  120         of Environmental Protection for the Board of Trustees
  121         Florida Forever Priority List land acquisition
  122         projects; amending s. 216.181, F.S.; authorizing the
  123         Legislative Budget Commission to increase amounts
  124         appropriated to the Fish and Wildlife Conservation
  125         Commission or the Department of Environmental
  126         Protection for fixed capital outlay projects;
  127         providing direction to agencies for submitting budget
  128         amendments; amending s. 215.18, F.S.; authorizing the
  129         Governor, if there is a specified deficiency in the
  130         Land Acquisition Trust Fund in the Department of
  131         Environmental Protection, to transfer funds from other
  132         trust funds in the State Treasury as a temporary loan
  133         to the Land Acquisition Trust Fund; providing
  134         procedures for such transfer and the repayment of the
  135         loan; providing a legislative determination that the
  136         repayment of the temporary loan is a constitutionally
  137         allowable use of such moneys; amending s. 376.307,
  138         F.S.; authorizing moneys in the Water Quality
  139         Assurance Trust Fund to be used for the payment of
  140         debt service on, or to fund other amounts payable with
  141         respect to, certain bonds issued before a specified
  142         date by the South Florida Water Management District
  143         and St. Johns River Water Management District;
  144         authorizing the Department of Highway Safety and Motor
  145         Vehicles to extend its existing contract for driver
  146         license equipment and consumables under specified
  147         circumstances; amending s. 339.135, F.S.; requiring
  148         the Department of Transportation to use appropriated
  149         funds to support the establishment of a statewide
  150         system of interconnected multiuse trails and related
  151         facilities; prohibiting these funds from causing the
  152         deferral, deletion, or reduction of other funded
  153         existing projects; reenacting s. 341.302(10), F.S.,
  154         relating to the rail program; revising provisions
  155         related to the Department of Transportation’s
  156         responsibilities for requiring and administering quiet
  157         zones as part of the statewide rail program; amending
  158         s. 339.2816, F.S.; authorizing certain funds from the
  159         State Transportation Trust Fund to be used for the
  160         Small County Road Assistance Program; reenacting s.
  161         216.292(2)(a), F.S., relating to exceptions for
  162         nontransferable appropriations; removing a restriction
  163         on the type of review a legislative appropriations
  164         committee may make when reviewing certain notices of
  165         proposed transfers by state agencies; prohibiting a
  166         state agency from initiating a competitive
  167         solicitation for a product or service under certain
  168         circumstances; authorizing the Executive Office of the
  169         Governor to transfer funds between departments for
  170         purposes of aligning amounts paid for risk management
  171         premiums and aligning amounts paid for human resource
  172         management services; amending s. 112.24, F.S.;
  173         providing conditions on the assignment of an employee
  174         of a state agency under an employee interchange
  175         agreement; providing that the annual salaries of the
  176         members of the Legislature shall be maintained at a
  177         specified level; reenacting s. 215.32(2)(b), F.S.,
  178         relating to the source and use of certain trust funds;
  179         authorizing the transfer of unappropriated cash
  180         balances to the general revenue or budget
  181         stabilization funds from certain trust funds;
  182         providing a legislative determination that the
  183         issuance of new debt is in the best interests of the
  184         state; limiting the use of travel funds to activities
  185         that are critical to an agency’s mission; providing
  186         exceptions; authorizing the Executive Office of the
  187         Governor to transfer funds for use by the state’s
  188         designated primary data centers; prohibiting an agency
  189         from transferring funds from a data processing
  190         category to another category that is not a data
  191         processing category; authorizing the Executive Office
  192         of the Governor to transfer funds between agencies in
  193         order to allocate a reduction relating to SUNCOM
  194         Network services; reenacting s. 110.12315, F.S.,
  195         relating to the state employees’ prescription drug
  196         program; requiring a 90-day supply limit for
  197         maintenance prescription drug purchases; requiring the
  198         Department of Management Services to negotiate the
  199         pharmacy dispensing fee; revising pharmacy
  200         reimbursement rates; requiring the department to
  201         maintain the preferred brand name drug list and
  202         maintenance drug list; specifying the requirements for
  203         filling certain types of prescriptions; specifying
  204         prescription drug copayment amounts; providing for the
  205         effect of a veto of one or more specific
  206         appropriations or proviso to which implementing
  207         language refers; providing for the continued operation
  208         of certain provisions notwithstanding a future repeal
  209         or expiration provided by this act; providing
  210         severability; providing effective dates.
  211          
  212  Be It Enacted by the Legislature of the State of Florida:
  213  
  214         Section 1. It is the intent of the Legislature that the
  215  implementing and administering provisions of this act apply to
  216  the General Appropriations Act for the 2015-2016 fiscal year.
  217         Section 2. In order to implement Specific Appropriations 7,
  218  8, 9, 90, and 91 of the 2015-2016 General Appropriations Act,
  219  the calculations of the Florida Education Finance Program for
  220  the 2015-2016 fiscal year in the document titled “Public School
  221  Funding-The Florida Education Finance Program,” dated _____,
  222  2015, and filed with the Secretary of the Senate, are
  223  incorporated by reference for the purpose of displaying the
  224  calculations used by the Legislature, consistent with the
  225  requirements of state law, in making appropriations for the
  226  Florida Education Finance Program. This section expires July 1,
  227  2016.
  228         Section 3. In order to implement Specific Appropriations 7
  229  and 90 of the 2015-2016 General Appropriations Act and
  230  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
  231  1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
  232  expenditure of funds provided for instructional materials, for
  233  the 2015-2016 fiscal year, funds provided for instructional
  234  materials shall be released and expended as required in the
  235  proviso language for Specific Appropriation 90 of the 2015-2016
  236  General Appropriations Act. This section expires July 1, 2016.
  237         Section 4. In order to implement Specific Appropriation 18
  238  of the 2015-2016 General Appropriations Act, paragraph (a) of
  239  subsection (1) of section 1013.64, Florida Statutes, is amended
  240  to read:
  241         1013.64 Funds for comprehensive educational plant needs;
  242  construction cost maximums for school district capital
  243  projects.—Allocations from the Public Education Capital Outlay
  244  and Debt Service Trust Fund to the various boards for capital
  245  outlay projects shall be determined as follows:
  246         (1)(a)1. Funds for remodeling, renovation, maintenance,
  247  repairs, and site improvement for existing satisfactory
  248  facilities shall be given priority consideration by the
  249  Legislature for appropriations allocated to the boards from the
  250  total amount of the Public Education Capital Outlay and Debt
  251  Service Trust Fund appropriated. These funds shall be calculated
  252  pursuant to the following basic formula: the building value
  253  times the building age over the sum of the years’ digits
  254  assuming a 50-year building life. For modular noncombustible
  255  facilities, a 35-year life shall be used, and for relocatable
  256  facilities, a 20-year life shall be used. “Building value” is
  257  calculated by multiplying each building’s total assignable
  258  square feet times the appropriate net-to-gross conversion rate
  259  found in state board rules and that product times the current
  260  average new construction cost. “Building age” is calculated by
  261  multiplying the prior year’s building age times 1 minus the
  262  prior year’s sum received from this subsection divided by the
  263  prior year’s building value. To the net result shall be added
  264  the number 1. Each board shall receive the percentage generated
  265  by the preceding formula of the total amount appropriated for
  266  the purposes of this section.
  267         2. Notwithstanding subparagraph 1., and for the 2015-2016
  268  2014-2015 fiscal year only, funds appropriated for remodeling,
  269  renovation, maintenance, repairs, and site improvement for
  270  existing satisfactory facilities shall be allocated by prorating
  271  the total appropriation based on each school district’s share of
  272  the 2014-2015 2013-2014 reported fixed capital outlay full-time
  273  equivalent student. This subparagraph expires July 1, 2016 2015.
  274         Section 5. In order to implement Specific Appropriation 22
  275  of the 2015-2016 General Appropriations Act and notwithstanding
  276  s. 1013.64(2), Florida Statutes, any district school board that
  277  generates less than $2 million in revenue from a 1-mill levy of
  278  ad valorem tax shall contribute 0.75 mills for fiscal year 2015
  279  2016 toward the cost of funded special facilities construction
  280  projects. This section expires July 1, 2016.
  281         Section 6. In order to implement Specific Appropriations 7
  282  and 90 of the 2015-2016 General Appropriations Act, paragraphs
  283  (f) and (o) of subsection (1), paragraph (a) of subsection (4),
  284  subsection (5), paragraph (b) of subsection (7), paragraph (a)
  285  of subsection (9), subsection (11), and present subsection (13)
  286  of section 1011.62, Florida Statutes, are amended, present
  287  subsections (13), (14), and (15) of that section are
  288  redesignated as subsections (14), (15), and (16), respectively,
  289  and a new subsection (13) is added to that section, to read:
  290         1011.62 Funds for operation of schools.—If the annual
  291  allocation from the Florida Education Finance Program to each
  292  district for operation of schools is not determined in the
  293  annual appropriations act or the substantive bill implementing
  294  the annual appropriations act, it shall be determined as
  295  follows:
  296         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  297  OPERATION.—The following procedure shall be followed in
  298  determining the annual allocation to each district for
  299  operation:
  300         (f) Supplemental academic instruction; categorical fund.—
  301         1. There is created a categorical fund to provide
  302  supplemental academic instruction to students in kindergarten
  303  through grade 12. This paragraph may be cited as the
  304  “Supplemental Academic Instruction Categorical Fund.”
  305         2. Categorical funds for supplemental academic instruction
  306  shall be allocated annually to each school district in the
  307  amount provided in the General Appropriations Act. These funds
  308  shall be in addition to the funds appropriated on the basis of
  309  FTE student membership in the Florida Education Finance Program
  310  and shall be included in the total potential funds of each
  311  district. These funds shall be used to provide supplemental
  312  academic instruction to students enrolled in the K-12 program.
  313  For the 2014-2015 and 2015-2016 fiscal years year, each school
  314  district that has one or more of the 300 lowest-performing
  315  elementary schools based on the state reading assessment shall
  316  use these funds, together with the funds provided in the
  317  district’s research-based reading instruction allocation and
  318  other available funds, to provide an additional hour of
  319  instruction beyond the normal school day for each day of the
  320  entire school year, and to provide the equivalent hours of
  321  instruction in a summer program, for intensive reading
  322  instruction for the students in each of these schools. If a
  323  participating school is no longer classified as one of the 300
  324  lowest-performing elementary schools in the subsequent year, the
  325  school must continue to provide the additional hour of intensive
  326  reading instruction to all students who have Level 1 or Level 2
  327  reading assessment scores. This additional hour of instruction
  328  must be provided by teachers or reading specialists who are
  329  effective in teaching reading or by a K-5 mentoring reading
  330  program that is supervised by a teacher who is effective at
  331  teaching reading. Students enrolled in these schools who have
  332  level 5 assessment scores may participate in the additional hour
  333  of instruction on an optional basis. Exceptional student
  334  education centers may shall not be included in the 300 schools.
  335  After this requirement has been met, supplemental instruction
  336  strategies may include, but are not limited to: modified
  337  curriculum, reading instruction, after-school instruction,
  338  tutoring, mentoring, class size reduction, extended school year,
  339  intensive skills development in summer school, and other methods
  340  for improving student achievement. Supplemental instruction may
  341  be provided to a student in any manner and at any time during or
  342  beyond the regular 180-day term identified by the school as
  343  being the most effective and efficient way to best help that
  344  student progress from grade to grade and to graduate.
  345         3. Effective with the 1999-2000 fiscal year, funding on the
  346  basis of FTE membership beyond the 180-day regular term shall be
  347  provided in the FEFP only for students enrolled in juvenile
  348  justice education programs or in education programs for
  349  juveniles placed in secure facilities or programs under s.
  350  985.19. Funding for instruction beyond the regular 180-day
  351  school year for all other K-12 students shall be provided
  352  through the supplemental academic instruction categorical fund
  353  and other state, federal, and local fund sources with ample
  354  flexibility for schools to provide supplemental instruction to
  355  assist students in progressing from grade to grade and
  356  graduating.
  357         4. The Florida State University School, as a lab school, is
  358  authorized to expend from its FEFP or Lottery Enhancement Trust
  359  Fund allocation the cost to the student of remediation in
  360  reading, writing, or mathematics for any graduate who requires
  361  remediation at a postsecondary educational institution.
  362         5. Beginning in the 1999-2000 school year, dropout
  363  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  364  (b), and (c), and 1003.54 shall be included in group 1 programs
  365  under subparagraph (d)3.
  366         (o) Calculation of additional full-time equivalent
  367  membership based on successful completion of a career-themed
  368  course pursuant to ss. 1003.491, 1003.492, and 1003.493, or
  369  courses with embedded CAPE industry certifications or CAPE
  370  Digital Tool certificates, and issuance of industry
  371  certification identified on the CAPE Industry Certification
  372  Funding List pursuant to rules adopted by the State Board of
  373  Education or CAPE Digital Tool certificates pursuant to s.
  374  1003.4203.—
  375         1.a. A value of 0.025 full-time equivalent student
  376  membership shall be calculated for CAPE Digital Tool
  377  certificates earned by students in elementary and middle school
  378  grades.
  379         b. A value of 0.1 or 0.2 full-time equivalent student
  380  membership shall be calculated for each student who completes a
  381  course as defined in s. 1003.493(1)(b) or courses with embedded
  382  CAPE industry certifications and who is issued an industry
  383  certification identified annually on the CAPE Industry
  384  Certification Funding List approved under rules adopted by the
  385  State Board of Education. A value of 0.2 full-time equivalent
  386  membership shall be calculated for each student who is issued a
  387  CAPE industry certification that has a statewide articulation
  388  agreement for college credit approved by the State Board of
  389  Education. For CAPE industry certifications that do not
  390  articulate for college credit, the Department of Education shall
  391  assign a full-time equivalent value of 0.1 for each
  392  certification. Middle grades students who earn additional FTE
  393  membership for a CAPE Digital Tool certificate pursuant to sub
  394  subparagraph a. may not use the previously funded examination to
  395  satisfy the requirements for earning an industry certification
  396  under this sub-subparagraph. Additional FTE membership for an
  397  elementary or middle grades student may shall not exceed 0.1 for
  398  certificates or certifications earned within the same fiscal
  399  year. The State Board of Education shall include the assigned
  400  values on the CAPE Industry Certification Funding List under
  401  rules adopted by the state board. Such value shall be added to
  402  the total full-time equivalent student membership for grades 6
  403  through 12 in the subsequent year for courses that were not
  404  provided through dual enrollment. CAPE industry certifications
  405  earned through dual enrollment must be reported and funded
  406  pursuant to s. 1011.80. However, if a student earns a
  407  certification through a dual enrollment course and the
  408  certification is not a fundable certification on the
  409  postsecondary certification funding list, or the dual enrollment
  410  certification is earned as a result of an agreement between a
  411  school district and a nonpublic postsecondary institution, the
  412  bonus value shall be funded in the same manner as for other
  413  nondual enrollment course industry certifications. In such
  414  cases, the school district may provide for an agreement between
  415  the high school and the technical center, or the school district
  416  and the postsecondary institution may enter into an agreement
  417  for equitable distribution of the bonus funds.
  418         c. A value of 0.3 full-time equivalent student membership
  419  shall be calculated for student completion of the courses and
  420  the embedded certifications identified on the CAPE Industry
  421  Certification Funding List and approved by the commissioner
  422  pursuant to ss. 1003.4203(5)(a) and 1008.44.
  423         d. A value of 0.5 full-time equivalent student membership
  424  shall be calculated for CAPE Acceleration Industry
  425  Certifications that articulate for 15 to 29 college credit
  426  hours, and 1.0 full-time equivalent student membership shall be
  427  calculated for CAPE Acceleration Industry Certifications that
  428  articulate for 30 or more college credit hours pursuant to CAPE
  429  Acceleration Industry Certifications approved by the
  430  commissioner pursuant to ss. 1003.4203(5)(b) and 1008.44.
  431         2. Each district must allocate at least 80 percent of the
  432  funds provided for CAPE industry certification, in accordance
  433  with this paragraph, to the program that generated the funds.
  434  This allocation may not be used to supplant funds provided for
  435  basic operation of the program.
  436         3. For CAPE industry certifications earned in the 2013-2014
  437  school year and in subsequent years, the school district shall
  438  distribute to each classroom teacher who provided direct
  439  instruction toward the attainment of a CAPE industry
  440  certification that qualified for additional full-time equivalent
  441  membership under subparagraph 1.:
  442         a. A bonus in the amount of $25 for each student taught by
  443  a teacher who provided instruction in a course that led to the
  444  attainment of a CAPE industry certification on the CAPE Industry
  445  Certification Funding List with a weight of 0.1.
  446         b. A bonus in the amount of $50 for each student taught by
  447  a teacher who provided instruction in a course that led to the
  448  attainment of a CAPE industry certification on the CAPE Industry
  449  Certification Funding List with a weight of 0.2, 0.3, 0.5, and
  450  1.0.
  451         c.A bonus of $75 for each student taught by a teacher who
  452  provided instruction in a course that led to the attainment of a
  453  CAPE industry certification on the CAPE Industry Certification
  454  Funding List with a weight of 0.3.
  455         d.A bonus of $100 for each student taught by a teacher who
  456  provided instruction in a course that led to the attainment of a
  457  CAPE industry certification on the CAPE Industry Certification
  458  Funding List with a weight of 0.5 or 1.0.
  459  
  460  Bonuses awarded pursuant to this paragraph shall be provided to
  461  teachers who are employed by the district in the year in which
  462  the additional FTE membership calculation is included in the
  463  calculation. Bonuses shall be calculated based upon the
  464  associated weight of a CAPE industry certification on the CAPE
  465  Industry Certification Funding List for the year in which the
  466  certification is earned by the student. In a single school year,
  467  a Any bonus awarded to a teacher under sub-subparagraph 3.a. or
  468  sub-subparagraph 3.b. this paragraph may not exceed $2,000 or
  469  under sub-subparagraph 3.c. or sub-subparagraph 3.d. may not
  470  exceed $4,000. The maximum bonus that may be awarded to a
  471  teacher under this paragraph is $4,000 in a single school year.
  472  This bonus in any given school year and is in addition to any
  473  regular wage or other bonus the teacher received or is scheduled
  474  to receive.
  475         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  476  Legislature shall prescribe the aggregate required local effort
  477  for all school districts collectively as an item in the General
  478  Appropriations Act for each fiscal year. The amount that each
  479  district shall provide annually toward the cost of the Florida
  480  Education Finance Program for kindergarten through grade 12
  481  programs shall be calculated as follows:
  482         (a) Estimated taxable value calculations.—
  483         1.a. Not later than 2 working days prior to July 19, the
  484  Department of Revenue shall certify to the Commissioner of
  485  Education its most recent estimate of the taxable value for
  486  school purposes in each school district and the total for all
  487  school districts in the state for the current calendar year
  488  based on the latest available data obtained from the local
  489  property appraisers. The value certified shall be the taxable
  490  value for school purposes for that year, and no further
  491  adjustments shall be made, except those made pursuant to
  492  paragraphs (c) and (d), or an assessment roll change required by
  493  final judicial decisions as specified in paragraph (15)(b)
  494  (14)(b). Not later than July 19, the Commissioner of Education
  495  shall compute a millage rate, rounded to the next highest one
  496  one-thousandth of a mill, which, when applied to 96 percent of
  497  the estimated state total taxable value for school purposes,
  498  would generate the prescribed aggregate required local effort
  499  for that year for all districts. The Commissioner of Education
  500  shall certify to each district school board the millage rate,
  501  computed as prescribed in this subparagraph, as the minimum
  502  millage rate necessary to provide the district required local
  503  effort for that year.
  504         b. The General Appropriations Act shall direct the
  505  computation of the statewide adjusted aggregate amount for
  506  required local effort for all school districts collectively from
  507  ad valorem taxes to ensure that no school district’s revenue
  508  from required local effort millage will produce more than 90
  509  percent of the district’s total Florida Education Finance
  510  Program calculation as calculated and adopted by the
  511  Legislature, and the adjustment of the required local effort
  512  millage rate of each district that produces more than 90 percent
  513  of its total Florida Education Finance Program entitlement to a
  514  level that will produce only 90 percent of its total Florida
  515  Education Finance Program entitlement in the July calculation.
  516         2. On the same date as the certification in sub
  517  subparagraph 1.a., the Department of Revenue shall certify to
  518  the Commissioner of Education for each district:
  519         a. Each year for which the property appraiser has certified
  520  the taxable value pursuant to s. 193.122(2) or (3), if
  521  applicable, since the prior certification under sub-subparagraph
  522  1.a.
  523         b. For each year identified in sub-subparagraph a., the
  524  taxable value certified by the appraiser pursuant to s.
  525  193.122(2) or (3), if applicable, since the prior certification
  526  under sub-subparagraph 1.a. This is the certification that
  527  reflects all final administrative actions of the value
  528  adjustment board.
  529         (5) DISCRETIONARY MILLAGE COMPRESSION SUPPLEMENT.—The
  530  Legislature shall prescribe in the General Appropriations Act,
  531  pursuant to s. 1011.71(1), the rate of nonvoted current
  532  operating discretionary millage that shall be used to calculate
  533  a discretionary millage compression supplement. If the
  534  prescribed millage generates an amount of funds per unweighted
  535  FTE for the district that is less than 105 percent of the state
  536  average, the district shall receive an amount per FTE that, when
  537  added to the funds per FTE generated by the designated levy,
  538  shall equal 105 percent of the state average.
  539         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
  540         (b) The district sparsity index shall be computed by
  541  dividing the total number of full-time equivalent students in
  542  all programs in the district by the number of senior high school
  543  centers in the district, not in excess of three, which centers
  544  are approved as permanent centers by a survey made by the
  545  Department of Education. For districts with a full-time
  546  equivalent student membership of at least 20,000, but no more
  547  than 24,000, the index shall be computed by dividing the total
  548  number of full-time equivalent students in all programs by the
  549  number of permanent senior high school centers in the district,
  550  not to exceed four.
  551         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  552         (a) The research-based reading instruction allocation is
  553  created to provide comprehensive reading instruction to students
  554  in kindergarten through grade 12. For the 2014-2015 and 2015
  555  2016 fiscal years year, in each school district that has one or
  556  more of the 300 lowest-performing elementary schools based on
  557  the state reading assessment, priority shall be given to
  558  providing an additional hour per day of intensive reading
  559  instruction beyond the normal school day for each day of the
  560  entire school year, and to providing the equivalent hours of
  561  intensive reading instruction in a summer program, for the
  562  students in each school. If a participating school is no longer
  563  classified as one of the 300 lowest-performing elementary
  564  schools in the subsequent year, the school must continue to
  565  provide the additional hour of intensive reading instruction to
  566  all students who have Level 1 or Level 2 reading assessment
  567  scores. Students enrolled in these schools who have level 5
  568  assessment scores may participate in the additional hour of
  569  instruction on an optional basis. Exceptional student education
  570  centers may shall not be included in the 300 schools. The
  571  intensive reading instruction delivered in this additional hour
  572  and for other students shall include: research-based reading
  573  instruction that has been proven to accelerate progress of
  574  students exhibiting a reading deficiency; differentiated
  575  instruction based on student assessment data to meet students’
  576  specific reading needs; explicit and systematic reading
  577  development in phonemic awareness, phonics, fluency, vocabulary,
  578  and comprehension, with more extensive opportunities for guided
  579  practice, error correction, and feedback; and the integration of
  580  social studies, science, and mathematics-text reading, text
  581  discussion, and writing in response to reading. For the 2012
  582  2013 and 2013-2014 fiscal years, a school district may not hire
  583  more reading coaches than were hired during the 2011-2012 fiscal
  584  year unless all students in kindergarten through grade 5 who
  585  demonstrate a reading deficiency, as determined by district and
  586  state assessments, including students scoring Level 1 or Level 2
  587  on the statewide, standardized reading assessment or, upon
  588  implementation, the English Language Arts assessment, are
  589  provided an additional hour per day of intensive reading
  590  instruction beyond the normal school day for each day of the
  591  entire school year.
  592         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
  593  annually provide in the Florida Education Finance Program a
  594  virtual education contribution. The amount of the virtual
  595  education contribution shall be the difference between the
  596  amount per FTE established in the General Appropriations Act for
  597  virtual education and the amount per FTE for each district and
  598  the Florida Virtual School, which may be calculated by taking
  599  the sum of the base FEFP allocation, the declining enrollment
  600  supplement, the discretionary local effort, the state-funded
  601  discretionary contribution, the discretionary millage
  602  compression supplement, the research-based reading instruction
  603  allocation, the exceptional student education guaranteed
  604  allocation, and the instructional materials allocation, and then
  605  dividing by the total unweighted FTE. This difference shall be
  606  multiplied by the virtual education unweighted FTE for programs
  607  and options identified in s. 1002.455(3) and the Florida Virtual
  608  School and its franchises to equal the virtual education
  609  contribution and shall be included as a separate allocation in
  610  the funding formula.
  611         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  612  connected student supplement is created to provide supplemental
  613  funding for school districts to support the education of
  614  students connected with federally owned military installations,
  615  National Aeronautics and Space Administration (NASA) property,
  616  and Indian lands. To be eligible for this supplement, the
  617  district must be eligible for federal Impact Aid Program funds
  618  under Title VIII of the Elementary and Secondary Education Act
  619  of 1965. The supplement shall be the sum of the student
  620  allocation and an exempt property allocation.
  621         (a)The student allocation shall be calculated based on the
  622  number of students reported for federal Impact Aid Program
  623  funds, including students with disabilities, who meet one of the
  624  following criteria:
  625         1.Resides with a parent who is on active duty in the
  626  uniformed services or is an accredited foreign government
  627  official and military officer. Students with disabilities shall
  628  also be reported separately for this condition.
  629         2.Resides on eligible federally owned Indian lands.
  630  Students with disabilities shall also be reported separately for
  631  this condition.
  632         3.Resides with a civilian parent who lives or works on
  633  eligible federal property connected with a military installation
  634  or NASA. The number of these students shall be multiplied by a
  635  factor of 0.5.
  636         (b)The total number of federally connected students
  637  calculated under paragraph (a) shall be multiplied by a
  638  percentage of the base student allocation as provided in the
  639  General Appropriations Act. The total of the number of students
  640  with disabilities as reported separately under subparagraphs
  641  (a)1. and (a)2. shall be multiplied by an additional percentage
  642  of the base student allocation as provided in the General
  643  Appropriations Act. The base amount and the amount for students
  644  with disabilities shall be summed to provide the student
  645  allocation.
  646         (c)The exempt-property allocation shall be equal to the
  647  tax-exempt value of federal impact aid lands reserved as
  648  military installations, real property owned by NASA, or eligible
  649  federally owned Indian lands located in the district, as of
  650  January 1 of the previous year, multiplied by the millage
  651  authorized and levied under s. 1011.71(2).
  652         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  653  annually in the General Appropriations Act determine a
  654  percentage increase in funds per K-12 unweighted FTE as a
  655  minimum guarantee to each school district. The guarantee shall
  656  be calculated from prior year base funding per unweighted FTE
  657  student which shall include the adjusted FTE dollars as provided
  658  in subsection (15)(14), quality guarantee funds, and actual
  659  nonvoted discretionary local effort from taxes. From the base
  660  funding per unweighted FTE, the increase shall be calculated for
  661  the current year. The current year funds from which the
  662  guarantee shall be determined shall include the adjusted FTE
  663  dollars as provided in subsection (15)(14) and potential
  664  nonvoted discretionary local effort from taxes. A comparison of
  665  current year funds per unweighted FTE to prior year funds per
  666  unweighted FTE shall be computed. For those school districts
  667  which have less than the legislatively assigned percentage
  668  increase, funds shall be provided to guarantee the assigned
  669  percentage increase in funds per unweighted FTE student. Should
  670  appropriated funds be less than the sum of this calculated
  671  amount for all districts, the commissioner shall prorate each
  672  district’s allocation. This provision shall be implemented to
  673  the extent specifically funded.
  674         Section 7. In order to implement Specific Appropriations 7
  675  and 90 of the 2015-2016 General Appropriations Act, subsection
  676  (1) of section 1011.71, Florida Statutes, is amended to read:
  677         1011.71 District school tax.—
  678         (1) If the district school tax is not provided in the
  679  General Appropriations Act or the substantive bill implementing
  680  the General Appropriations Act, each district school board
  681  desiring to participate in the state allocation of funds for
  682  current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
  683  shall levy on the taxable value for school purposes of the
  684  district, exclusive of millage voted under the provisions of s.
  685  9(b) or s. 12, Art. VII of the State Constitution, a millage
  686  rate not to exceed the amount certified by the commissioner as
  687  the minimum millage rate necessary to provide the district
  688  required local effort for the current year, pursuant to s.
  689  1011.62(4)(a)1. In addition to the required local effort millage
  690  levy, each district school board may levy a nonvoted current
  691  operating discretionary millage. The Legislature shall prescribe
  692  annually in the appropriations act the maximum amount of millage
  693  a district may levy.
  694         Section 8. The amendments made by this act to ss. 1011.62
  695  and 1011.71(1), Florida Statutes, expire July 1, 2016, and the
  696  text of ss. 1011.62 and 1011.71(1), Florida Statutes, shall
  697  revert to that in existence on June 30, 2015, except that any
  698  amendments to such text enacted other than by this act shall be
  699  preserved and continue to operate to the extent that such
  700  amendments are not dependent upon the portions of text which
  701  expire pursuant to this section.
  702         Section 9. In order to implement Specific Appropriations 7
  703  and 90 of the 2015-2016 General Appropriations Act, paragraph
  704  (d) of subsection (2) of section 1011.71, Florida Statutes, is
  705  amended to read:
  706         1011.71 District school tax.—
  707         (2) In addition to the maximum millage levy as provided in
  708  subsection (1), each school board may levy not more than 1.5
  709  mills against the taxable value for school purposes for district
  710  schools, including charter schools at the discretion of the
  711  school board, to fund:
  712         (d)1. The purchase, lease-purchase, or lease of new and
  713  replacement equipment; computer hardware, including electronic
  714  hardware and other hardware devices necessary for gaining access
  715  to or enhancing the use of electronic content and resources or
  716  to facilitate the access to and the use of a school district’s
  717  digital classrooms plan pursuant to s. 1011.62, excluding
  718  software other than the operating system necessary to operate
  719  the hardware or device; and enterprise resource software
  720  applications that are classified as capital assets in accordance
  721  with definitions of the Governmental Accounting Standards Board,
  722  have a useful life of at least 5 years, and are used to support
  723  districtwide administration or state-mandated reporting
  724  requirements.
  725         2.Notwithstanding subparagraph 1., enterprise resource
  726  software may be acquired by annual license fees, maintenance
  727  fees, or lease agreements. This subparagraph expires July 1,
  728  2016.
  729         Section 10. (1) In order to implement Specific
  730  Appropriation 138 of the 2015-2016 General Appropriations Act,
  731  the State University System Performance Based Incentive shall be
  732  based on indicators of institutional attainment of performance
  733  metrics adopted by the Board of Governors. The performance-based
  734  funding metrics must include, but are not limited to, metrics
  735  that measure graduation and retention rates; degree production;
  736  affordability; postgraduation employment, salaries, or further
  737  education; student loan default rates; access; and any other
  738  metrics approved by the board.
  739         (2)The Board of Governors shall evaluate the institutions’
  740  performance on the metrics based on benchmarks adopted by the
  741  board which measure the achievement of institutional excellence
  742  or improvement. Each fiscal year, the amount of funds available
  743  for allocation to the institutions based on the performance
  744  funding model shall consist of the state’s investment in
  745  performance funding, plus an institutional investment consisting
  746  of funds to be redistributed from the base funding of the State
  747  University System, as determined in the General Appropriations
  748  Act. The institutional investment shall be restored for all
  749  institutions that meet the board’s minimum performance threshold
  750  under the performance funding model. An institution that is one
  751  of the bottom three institutions or fails to meet the board’s
  752  minimum performance funding threshold is not eligible for the
  753  state’s investment, shall have a portion of its institutional
  754  investment withheld, and shall submit an improvement plan to the
  755  board which specifies the activities and strategies for
  756  improving the institution’s performance.
  757         (3)By October 1, 2015, the Board of Governors shall submit
  758  to the Governor, the President of the Senate, and the Speaker of
  759  the House of Representatives a report on the previous year’s
  760  performance funding allocation which reflects the rankings and
  761  award distributions.
  762         (4)This section expires July 1, 2016.
  763         Section 11. (1) In order to implement Specific
  764  Appropriation 122 of the 2015-2016 General Appropriations Act,
  765  the Florida College System Performance Based Incentive shall be
  766  based on indicators of institutional attainment of performance
  767  metrics adopted by the State Board of Education. The
  768  performance-based funding metrics must be limited to metrics
  769  that measure retention; program completion and graduation rates;
  770  student loan default rates; job placement; and postgraduation
  771  employment, salaries, or further education.
  772         (2) The State Board of Education shall evaluate the
  773  institutions’ performance on the metrics based on benchmarks
  774  adopted by the board which measure the achievement of
  775  institutional excellence or improvement. Each fiscal year, the
  776  amount of funds available for allocation to the institutions
  777  based on the performance funding model shall consist of the
  778  state’s investment in performance funding, plus an institutional
  779  investment consisting of funds to be redistributed from the base
  780  funding of the Florida College System Program Fund, as
  781  determined in the General Appropriations Act. The board shall
  782  establish a minimum performance threshold that the institutions
  783  must meet in order to be eligible for the state’s investment in
  784  performance funds. The institutional investment shall be
  785  restored for all institutions eligible for the state’s
  786  investment under the performance funding model. An institution
  787  that fails to meet the board’s minimum performance funding
  788  threshold is not eligible for the state’s investment, shall have
  789  a portion of its institutional investment withheld, and shall
  790  submit an improvement plan to the board which specifies the
  791  activities and strategies for improving the institution’s
  792  performance.
  793         (3) The State Board of Education must review the
  794  improvement plan and, if approved, must monitor the
  795  institution’s progress on implementing the specified activities
  796  and strategies. The institutions shall submit monitoring reports
  797  to the board no later than December 31 and May 31 of each year.
  798         (4) The Commissioner of Education shall withhold
  799  disbursement of the institutional investment until such time as
  800  the monitoring report for the institution is approved by the
  801  State Board of Education. An institution that fails to make
  802  satisfactory progress may not have its full institutional
  803  investment restored. If all institutional investment funds are
  804  not restored, any remaining funds shall be redistributed in
  805  accordance with the board’s performance funding model.
  806         (5) By October 1, 2015, the State Board of Education shall
  807  submit to the Governor, the President of the Senate, and the
  808  Speaker of the House of Representatives a report on the previous
  809  year’s performance funding allocation which reflects the
  810  rankings and award distributions.
  811         (6) This section expires July 1, 2016.
  812         Section 12. In order to implement Specific Appropriations
  813  194, 201, 202, 203, and 206 of the 2015-2016 General
  814  Appropriations Act, and contingent on SB 7044 or similar
  815  legislation becoming law, the calculations for the Medicaid Low
  816  Income Pool and Disproportionate Share Hospital programs for the
  817  2015-2016 fiscal year contained in the document entitled
  818  “Medicaid Hospital Funding Programs,” dated _____, 2015, and
  819  filed with the Secretary of the Senate, are incorporated by
  820  reference for the purpose of displaying the calculations used by
  821  the Legislature, consistent with the requirements of state law,
  822  in making appropriations for the Medicaid Low-Income Pool and
  823  Disproportionate Share Hospital programs. This section expires
  824  July 1, 2016.
  825         Section 13. In order to implement Specific Appropriations
  826  201 and 206 and notwithstanding s. 409.905, Florida Statutes, if
  827  the Agency for Health Care Administration determines that the
  828  providers’ average per-discharge Automatic Intergovernmental
  829  Transfer payments and LIP-6 Intergovernmental Transfer payments
  830  used in paying hospitals during state fiscal year 2014-2015
  831  differs from appropriated state fiscal year 2014-2015
  832  intergovernmental transfer allocations, the agency shall
  833  retroactively adjust hospital payment rates to align payments
  834  with available intergovernmental transfer funding by
  835  reprocessing all hospital claims for state fiscal year 2014
  836  2015. Adjustments must cover differences between actual
  837  intergovernmental transfer payments and appropriated
  838  intergovernmental transfer amounts up to a limit equal to full
  839  hospital Medicaid inpatient cost. This section expires July 1,
  840  2016.
  841         Section 14. In order to implement Section 9 of the 2015
  842  2016 General Appropriations Act, paragraph (c) is added to
  843  subsection (4) of section 20.435, Florida Statutes, to read:
  844         20.435 Department of Health; trust funds.—The following
  845  trust funds shall be administered by the Department of Health:
  846         (4) Medical Quality Assurance Trust Fund.
  847         (c) For the 2015-2016 fiscal year, the uses authorized
  848  under paragraph (a) include providing health care services to
  849  department clients. This paragraph expires July 1, 2016.
  850         Section 15. (1) In order to implement Specific
  851  Appropriation 251 of the 2015-2016 General Appropriations Act
  852  and notwithstanding s. 393.065(5), Florida Statutes, individuals
  853  from the Medicaid home and community-based waiver programs wait
  854  list shall be offered a slot on the waiver as follows:
  855         (a) Individuals in category 1, which includes clients
  856  deemed to be in crisis as described in rule, shall be given
  857  first priority in moving from the wait list to the waiver.
  858         (b) Under category 2, the Agency for Persons with
  859  Disabilities shall provide waiver services that are not
  860  otherwise available under the State Medicaid Plan or through the
  861  child welfare system under s. 409.986, Florida Statutes, and,
  862  for an eligible individual at least 18 years old but not yet 22
  863  years old, the agency shall also provide residential
  864  habilitation services, such as supervision and training, to
  865  assist the individual improve skills related to activities of
  866  daily living. Individuals eligible under category 2 shall be
  867  moved into waiver services if they have an open case in the
  868  Department of Children and Families’ statewide automated child
  869  welfare information system and:
  870         1. Are transitioning out of the child welfare system at the
  871  finalization of an adoption, a reunification with family
  872  members, a permanent placement with a relative, or a
  873  guardianship with a nonrelative; or
  874         2. Are at least 18 years old but not yet 22 years old.
  875         (c) In selecting individuals in category 3, category 4, or
  876  category 5, the Agency for Persons with Disabilities shall use
  877  the Agency for Persons with Disabilities Wait List
  878  Prioritization Tool, dated March 15, 2013. Those individuals
  879  whose needs score highest on the Wait List Prioritization Tool
  880  shall be moved to the waiver during the 2015-2016 fiscal year,
  881  to the extent funds are available.
  882         (2) The agency shall allow an individual who meets the
  883  eligibility requirements provided under s. 393.065(1), Florida
  884  Statutes, to receive home and community-based services in this
  885  state if the individual’s parent or legal guardian is an active
  886  duty military servicemember and, at the time of the
  887  servicemember’s transfer to Florida, the individual was
  888  receiving home and community-based services in another state.
  889         (3) Upon the placement of individuals on the waiver
  890  pursuant to subsection (1), individuals remaining on the wait
  891  list are deemed not to have been substantially affected by
  892  agency action and are, therefore, not entitled to a hearing
  893  under s. 393.125, Florida Statutes, or administrative proceeding
  894  under chapter 120, Florida Statutes.
  895         (4) This section expires July 1, 2016.
  896         Section 16. In order to implement Specific Appropriations
  897  554 through 563 of the 2015-2016 General Appropriations Act,
  898  subsection (3) of section 296.37, Florida Statutes, is amended
  899  to read:
  900         296.37 Residents; contribution to support.—
  901         (3) Notwithstanding subsection (1), each resident of the
  902  home who receives a pension, compensation, or gratuity from the
  903  United States Government, or income from any other source, of
  904  more than $105 per month shall contribute to his or her
  905  maintenance and support while a resident of the home in
  906  accordance with a payment schedule determined by the
  907  administrator and approved by the director. The total amount of
  908  such contributions shall be to the fullest extent possible, but,
  909  in no case, shall exceed the actual cost of operating and
  910  maintaining the home. This subsection expires July 1, 2016 2015.
  911         Section 17. In order to implement Specific Appropriations
  912  187B through 220A and 524 of the 2015-2016 General
  913  Appropriations Act and notwithstanding ss. 216.181 and 216.292,
  914  Florida Statutes, the Agency for Health Care Administration, in
  915  consultation with the Department of Health, may submit a budget
  916  amendment, subject to the notice, review, and objection
  917  procedures of s. 216.177, Florida Statutes, to realign funding
  918  within and between agencies based on implementation of the
  919  Statewide Medicaid Managed Care Medical Assistance program for
  920  the Children’s Medical Services Program of the Department of
  921  Health. The funding realignment shall reflect the actual
  922  enrollment changes due to the transfer of beneficiaries from
  923  fee-for-service to the capitated Children’s Medical Services
  924  network. The Agency for Health Care Administration may submit a
  925  request for nonoperating budget authority to transfer the
  926  federal funds to the Department of Health, pursuant to s.
  927  216.181(12), Florida Statutes. This section expires July 1,
  928  2016.
  929         Section 18. In order to implement Specific Appropriation
  930  323 of the 2015-2016 General Appropriations Act, and
  931  notwithstanding s. 409.991, Florida Statutes, for the 2015-2016
  932  fiscal year, funds provided for training purposes shall be
  933  allocated to community-based lead agencies based on a training
  934  needs assessment conducted by the Department of Children and
  935  Families. This section expires July 1, 2016.
  936         Section 19. In order to implement Specific Appropriations
  937  583 through 720 and 733 through 771 of the 2015-2016 General
  938  Appropriations Act, subsection (4) of section 216.262, Florida
  939  Statutes, is amended to read:
  940         216.262 Authorized positions.—
  941         (4) Notwithstanding the provisions of this chapter relating
  942  to increasing the number of authorized positions, and for the
  943  2015-2016 2014-2015 fiscal year only, if the actual inmate
  944  population of the Department of Corrections exceeds the inmate
  945  population projections of the February 27, 2015 2014, Criminal
  946  Justice Estimating Conference by 1 percent for 2 consecutive
  947  months or 2 percent for any month, the Executive Office of the
  948  Governor, with the approval of the Legislative Budget
  949  Commission, shall immediately notify the Criminal Justice
  950  Estimating Conference, which shall convene as soon as possible
  951  to revise the estimates. The Department of Corrections may then
  952  submit a budget amendment requesting the establishment of
  953  positions in excess of the number authorized by the Legislature
  954  and additional appropriations from unallocated general revenue
  955  sufficient to provide for essential staff, fixed capital
  956  improvements, and other resources to provide classification,
  957  security, food services, health services, and other variable
  958  expenses within the institutions to accommodate the estimated
  959  increase in the inmate population. All actions taken pursuant to
  960  this subsection are subject to review and approval by the
  961  Legislative Budget Commission. This subsection expires July 1,
  962  2016 2015.
  963         Section 20. In order to implement Specific Appropriations
  964  1319 and 1320 of the 2015-2016 General Appropriations Act, the
  965  Department of Legal Affairs may expend appropriated funds in
  966  those specific appropriations on the same programs that were
  967  funded by the department pursuant to specific appropriations
  968  made in general appropriations acts in previous years. This
  969  section expires July 1, 2016.
  970         Section 21. In order to implement Specific Appropriations
  971  1254 and 1259 of the 2015-2016 General Appropriations Act,
  972  paragraph (d) of subsection (4) of section 932.7055, Florida
  973  Statutes, is amended to read:
  974         932.7055 Disposition of liens and forfeited property.—
  975         (4) The proceeds from the sale of forfeited property shall
  976  be disbursed in the following priority:
  977         (d) Notwithstanding any other provision of this subsection,
  978  and for the 2015-2016 2014-2015 fiscal year only, the funds in a
  979  special law enforcement trust fund established by the governing
  980  body of a municipality may be expended to reimburse the general
  981  fund of the municipality for moneys advanced from the general
  982  fund to the special law enforcement trust fund before October 1,
  983  2001. This paragraph expires July 1, 2016 2015.
  984         Section 22. In order to implement section 7 of the 2015
  985  2016 General Appropriations Act, subsection (2) of section
  986  215.18, Florida Statutes, is amended to read:
  987         215.18 Transfers between funds; limitation.—
  988         (2) The Chief Justice of the Supreme Court may receive one
  989  or more trust fund loans to ensure that the state court system
  990  has funds sufficient to meet its appropriations in the 2015-2016
  991  2014-2015 General Appropriations Act. If the Chief Justice
  992  accesses the loan, he or she must notify the Governor and the
  993  chairs of the legislative appropriations committees in writing.
  994  The loan must come from other funds in the State Treasury which
  995  are for the time being or otherwise in excess of the amounts
  996  necessary to meet the just requirements of such last-mentioned
  997  funds. The Governor shall order the transfer of funds within 5
  998  days after the written notification from the Chief Justice. If
  999  the Governor does not order the transfer, the Chief Financial
 1000  Officer shall transfer the requested funds. The loan of funds
 1001  from which any money is temporarily transferred must be repaid
 1002  by the end of the 2015-2016 2014-2015 fiscal year. This
 1003  subsection expires July 1, 2016 2015.
 1004         Section 23. In order to implement appropriations used for
 1005  the payments of existing lease contracts for private lease space
 1006  in excess of 2,000 square feet in the 2015-2016 General
 1007  Appropriations Act, the Department of Management Services, with
 1008  the cooperation of the agencies having the existing lease
 1009  contracts for office or storage space, shall use tenant broker
 1010  services to renegotiate or reprocure all private lease
 1011  agreements for office or storage space expiring between July 1,
 1012  2016, and June 30, 2018, in order to reduce costs in future
 1013  years. The department shall incorporate this initiative into its
 1014  2015 master leasing report required under s. 255.249(7), Florida
 1015  Statutes, and may use tenant broker services to explore the
 1016  possibilities of collocating office or storage space, to review
 1017  the space needs of each agency, and to review the length and
 1018  terms of potential renewals or renegotiations. The department
 1019  shall provide a report to the Executive Office of the Governor,
 1020  the President of the Senate, and the Speaker of the House of
 1021  Representatives by November 1, 2015, which lists each lease
 1022  contract for private office or storage space, the status of
 1023  renegotiations, and the savings achieved. This section expires
 1024  July 1, 2016.
 1025         Section 24. In order to implement Specific Appropriations
 1026  2270 through 2278 of the 2015-2016 General Appropriations Act,
 1027  section 624.502, Florida Statutes, is reenacted to read:
 1028         624.502 Service of process fee.—In all instances as
 1029  provided in any section of the insurance code and s. 48.151(3)
 1030  in which service of process is authorized to be made upon the
 1031  Chief Financial Officer or the director of the office, the
 1032  plaintiff shall pay to the department or office a fee of $15 for
 1033  such service of process, which fee shall be deposited into the
 1034  Administrative Trust Fund.
 1035         Section 25. The amendment to s. 624.502, Florida Statutes,
 1036  as carried forward by this act from chapter 2013-41, Laws of
 1037  Florida, expires July 1, 2016, and the text of that section
 1038  shall revert to that in existence on June 30, 2013, except that
 1039  any amendments to such text enacted other than by this act shall
 1040  be preserved and continue to operate to the extent that such
 1041  amendments are not dependent upon the portions of text which
 1042  expire pursuant to this section.
 1043         Section 26. In order to implement Specific Appropriations
 1044  1368 through 1514, 1516 through 1739, 1740 through 1858A, 277A
 1045  through 277C, 277F, 277K, 3056, 3081 through 3085, 3087 through
 1046  3092, 3113 through 3115, 3119, and 3122 of the 2015-2016 General
 1047  Appropriations Act and notwithstanding s. 216.292, Florida
 1048  Statutes, the Agency for Persons with Disabilities, the
 1049  Department of Agriculture and Consumer Services, the Department
 1050  of Environmental Protection, the Fish and Wildlife Conservation
 1051  Commission, and the Department of State, may submit one or more
 1052  budget amendments, as necessary, to realign funding, to increase
 1053  operating, nonoperating, or fixed capital outlay budget
 1054  authority from trust funds, or to transfer trust funds, between
 1055  agencies or budget entities, as needed to implement provisions
 1056  of SB 576, SB 578, SB 580, SB 582, or SB 584, or similar
 1057  legislation enacted during the 2015 Regular Session of the
 1058  Legislature or an extension thereof, to implement s. 28, Article
 1059  X of the State Constitution. A budget amendment is subject to
 1060  the notice, review, and objection procedures of s. 216.177,
 1061  Florida Statutes. This section expires July 1, 2016.
 1062         Section 27. In order to implement Specific Appropriation
 1063  1693 of the 2015-2016 General Appropriations Act, subsection (5)
 1064  of section 403.7095, Florida Statutes, is amended to read:
 1065         403.7095 Solid waste management grant program.—
 1066         (5) Notwithstanding any other provision of this section,
 1067  and for the 2015-2016 2014-2015 fiscal year only, the Department
 1068  of Environmental Protection shall award the sum of $3 million in
 1069  grants equally to counties having populations of fewer than
 1070  100,000 for waste tire and litter prevention, recycling
 1071  education, and general solid waste programs. This subsection
 1072  expires July 1, 2016 2015.
 1073         Section 28. In order to implement Specific Appropriations
 1074  1569A and 1570 and section 56 of the 2015-2016 General
 1075  Appropriations Act, paragraph (m) of subsection (3) of section
 1076  259.105, Florida Statutes, is amended to read:
 1077         259.105 The Florida Forever Act.—
 1078         (3) Less the costs of issuing and the costs of funding
 1079  reserve accounts and other costs associated with bonds, the
 1080  proceeds of cash payments or bonds issued pursuant to this
 1081  section shall be deposited into the Florida Forever Trust Fund
 1082  created by s. 259.1051. The proceeds shall be distributed by the
 1083  Department of Environmental Protection in the following manner:
 1084         (m) Notwithstanding paragraphs (a)-(j) and for the 2015
 1085  2016 2014-2015 fiscal year only, $2 million to only the Division
 1086  of State Lands within the Department of Environmental Protection
 1087  for the Board of Trustees Florida Forever Priority List land
 1088  acquisition projects. This paragraph expires July 1, 2016:
 1089         1. Five million dollars to the Department of Agriculture
 1090  and Consumer Services for the acquisition of agricultural lands
 1091  through perpetual conservation easements and other perpetual
 1092  less-than-fee techniques, which will achieve the objectives of
 1093  Florida Forever and s. 570.71.
 1094         2. The remaining moneys appropriated from the Florida
 1095  Forever Trust Fund shall be distributed only to the Division of
 1096  State Lands within the Department of Environmental Protection
 1097  for land acquisitions that are less-than-fee interest, for
 1098  partnerships in which the state’s portion of the acquisition
 1099  cost is no more than 50 percent, or for conservation lands
 1100  needed for military buffering or springs or water resources
 1101  protection.
 1102  
 1103  This paragraph expires July 1, 2015.
 1104         Section 29. In order to implement Specific Appropriations
 1105  1724A, 1724B, and 1817A of the 2015-2016 General Appropriations
 1106  Act, paragraph (d) of subsection (11) of section 216.181,
 1107  Florida Statutes, is amended to read:
 1108         216.181 Approved budgets for operations and fixed capital
 1109  outlay.—
 1110         (11)
 1111         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1112  for the 2015-2016 2014-2015 fiscal year only, the Legislative
 1113  Budget Commission may increase the amounts appropriated to the
 1114  Fish and Wildlife Conservation Commission or the Department of
 1115  Environmental Protection for fixed capital outlay projects,
 1116  including additional fixed capital outlay projects, using funds
 1117  provided to the state from the Gulf Environmental Benefit Fund
 1118  administered by the National Fish and Wildlife Foundation; funds
 1119  provided to the state from the Gulf Coast Restoration Trust Fund
 1120  related to the Resources and Ecosystems Sustainability, Tourist
 1121  Opportunities, and Revived Economies of the Gulf Coast Act of
 1122  2012 (RESTORE Act); or funds provided by the British Petroleum
 1123  Corporation (BP) for natural resource damage assessment early
 1124  restoration projects. Concurrent with submission of an amendment
 1125  to the Legislative Budget Commission pursuant to this paragraph,
 1126  any project that carries a continuing commitment for future
 1127  appropriations by the Legislature must be specifically
 1128  identified, together with the projected amount of the future
 1129  commitment associated with the project and the fiscal years in
 1130  which the commitment is expected to commence. This paragraph
 1131  expires July 1, 2016 2015.
 1132  
 1133  The provisions of this subsection are subject to the notice and
 1134  objection procedures set forth in s. 216.177.
 1135         Section 30. In order to implement Specific Appropriations
 1136  1368 through 1514, 1516 through 1739, 1740 through 1858A, 277A
 1137  through 277C, 277F, 277K, 3056, 3081 through 3085, 3087 through
 1138  3092, 3113 through 3115, 3119, and 3122 of the 2015-2016 General
 1139  Appropriations Act, subsection (3) is added to section 215.18,
 1140  Florida Statutes, to read:
 1141         215.18 Transfers between funds; limitation.—
 1142         (3) Notwithstanding subsection (1) and only with respect to
 1143  the Land Acquisition Trust Fund in the Department of
 1144  Environmental Protection, whenever there is a deficiency in the
 1145  Land Acquisition Trust Fund which would render that trust fund
 1146  temporarily insufficient to meet its just requirements,
 1147  including the timely payment of appropriations from that trust
 1148  fund, and other trust funds in the State Treasury have moneys
 1149  that are for the time being or otherwise in excess of the
 1150  amounts necessary to meet the just requirements, including
 1151  appropriated obligations, of those other trust funds, the
 1152  Governor may order a temporary transfer of moneys from one or
 1153  more of the other trust funds to the Land Acquisition Trust Fund
 1154  in the Department of Environmental Protection. Any action
 1155  proposed pursuant to this subsection is subject to the notice,
 1156  review, and objection procedures of s. 216.177, and the Governor
 1157  shall provide notice of such action at least 7 days before the
 1158  effective date of the transfer of trust funds. Any transfer of
 1159  trust funds to the Land Acquisition Trust Fund in the Department
 1160  of Environmental Protection must be repaid to the trust funds
 1161  from which the moneys were loaned by the end of the 2015-2016
 1162  fiscal year. The Legislature has determined that the repayment
 1163  of the other trust fund moneys temporarily loaned to the Land
 1164  Acquisition Trust Fund in the Department Environmental
 1165  Protection pursuant to this subsection is an allowable use of
 1166  the moneys in the Land Acquisition Trust Fund because the moneys
 1167  from other trust funds temporarily loaned to the Land
 1168  Acquisition Trust Fund will be expended solely and exclusively
 1169  in accordance with s. 28, Art. X of the State Constitution. This
 1170  subsection expires July 1, 2016.
 1171         Section 31. In order to implement Specific Appropriation
 1172  1619 of the 2015-2016 General Appropriations Act, paragraph (g)
 1173  is added to subsection (1) of section 376.307, Florida Statutes,
 1174  to read:
 1175         376.307 Water Quality Assurance Trust Fund.—
 1176         (1) The Water Quality Assurance Trust Fund is intended to
 1177  serve as a broad-based fund for use in responding to incidents
 1178  of contamination that pose a serious danger to the quality of
 1179  groundwater and surface water resources or otherwise pose a
 1180  serious danger to the public health, safety, or welfare. Moneys
 1181  in this fund may be used:
 1182         (g) To pay the outstanding and final debt service on bonds
 1183  issued before February 1, 2009, by the South Florida Water
 1184  Management District and the St. Johns River Water Management
 1185  District which are secured by revenues provided pursuant to
 1186  former s. 373.59, Florida Statutes 2014, or to fund debt service
 1187  reserve funds, rebate obligations, or other amounts payable with
 1188  respect to such bonds. This paragraph expires July 1, 2016.
 1189         Section 32. In order to implement Specific Appropriation
 1190  2644 of the 2015-2016 General Appropriations Act and
 1191  notwithstanding s. 287.057, Florida Statutes, the Department of
 1192  Highway Safety and Motor Vehicles may extend its existing
 1193  contract for driver license equipment and consumables through
 1194  December 31, 2017, provided the price of each driver license and
 1195  identification card as of March 1, 2015, does not increase. The
 1196  contract extension must be executed on behalf of the department
 1197  and the contractor no later than August 1, 2015. This section
 1198  expires July 1, 2016.
 1199         Section 33. In order to implement Specific Appropriation
 1200  1916 of the 2015-2016 General Appropriations Act, paragraph (i)
 1201  of subsection (4) and paragraph (b) of subsection (5) of section
 1202  339.135, Florida Statutes, are amended to read:
 1203         339.135 Work program; legislative budget request;
 1204  definitions; preparation, adoption, execution, and amendment.—
 1205         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 1206         (i) Notwithstanding paragraph (a), and for the 2015-2016
 1207  2014-2015 fiscal year only, the Department of Transportation
 1208  shall may use appropriated funds to support the establishment of
 1209  a statewide system of interconnected multiuse trails and to pay
 1210  the costs of planning, land acquisition, design, and
 1211  construction of such trails and related facilities. Funds
 1212  specifically appropriated for this purpose may not reduce,
 1213  delete, or defer any existing projects funded as of July 1, 2015
 1214  2014, in the department’s 5-year work program. This paragraph
 1215  expires July 1, 2016 2015.
 1216         (5) ADOPTION OF THE WORK PROGRAM.—
 1217         (b) Notwithstanding paragraph (a), and for the 2015-2016
 1218  2014-2015 fiscal year only, the department shall may use
 1219  appropriated funds to support the establishment of a statewide
 1220  system of interconnected multiuse trails and to pay the costs of
 1221  planning, land acquisition, design, and construction of such
 1222  trails and related facilities. Funds specifically appropriated
 1223  for this purpose may not reduce, delete, or defer any existing
 1224  projects funded as of July 1, 2015 2014, in the department’s 5
 1225  year work program. This paragraph expires July 1, 2016 2015.
 1226         Section 34. In order to implement Specific Appropriation
 1227  1894 of the 2015-2016 General Appropriations Act, subsection
 1228  (10) of section 341.302, Florida Statutes, is reenacted to read:
 1229         341.302 Rail program; duties and responsibilities of the
 1230  department.—The department, in conjunction with other
 1231  governmental entities, including the rail enterprise and the
 1232  private sector, shall develop and implement a rail program of
 1233  statewide application designed to ensure the proper maintenance,
 1234  safety, revitalization, and expansion of the rail system to
 1235  assure its continued and increased availability to respond to
 1236  statewide mobility needs. Within the resources provided pursuant
 1237  to chapter 216, and as authorized under federal law, the
 1238  department shall:
 1239         (10)(a) Administer rail operating and construction
 1240  programs, which programs shall include the regulation of maximum
 1241  train operating speeds, the opening and closing of public grade
 1242  crossings, the construction and rehabilitation of public grade
 1243  crossings, the installation of traffic control devices at public
 1244  grade crossings, the approval and implementation of quiet zones,
 1245  and administration of the programs by the department, including
 1246  participation in the cost of the programs.
 1247         (b) Provide grant funding to assist with the implementation
 1248  of quiet zones that have been approved by the department, which
 1249  funding may not exceed 50 percent of the nonfederal and
 1250  nonprivate share of the total costs of any quiet zone capital
 1251  improvement project.
 1252         (c) Coordinate and work closely with local, state, and
 1253  federal agencies to provide technical support to local agencies
 1254  for the development of quiet zone plans.
 1255         (d) Monitor crossing incidents at approved quiet zone
 1256  locations and suspend the operation of a quiet zone at any time
 1257  the department determines that a significant deterioration in
 1258  safety is resulting from quiet zone implementation.
 1259         Section 35. The amendment to s. 341.302(10), Florida
 1260  Statutes, as carried forward by this act from chapter 2014-53,
 1261  Laws of Florida, expires July 1, 2016, and the text of that
 1262  paragraph shall revert to that in existence on June 30, 2014,
 1263  except that any amendments to such text enacted other than by
 1264  this act shall be preserved and continue to operate to the
 1265  extent that such amendments are not dependent upon the portions
 1266  of text which expire pursuant to this section.
 1267         Section 36. In order to implement Specific Appropriation
 1268  1910 of the 2015-2016 General Appropriations Act, subsection (3)
 1269  of section 339.2816, Florida Statutes, is amended to read:
 1270         339.2816 Small County Road Assistance Program.—
 1271         (3) In fiscal year 2015-2016 Beginning with fiscal year
 1272  1999-2000 until fiscal year 2009-2010, and beginning again with
 1273  fiscal year 2012-2013, up to $50 $25 million annually from the
 1274  State Transportation Trust Fund may be used for the purposes of
 1275  funding the Small County Road Assistance Program as described in
 1276  this section.
 1277         Section 37. The amendment made by this act to s. 339.2816,
 1278  Florida Statutes, expires July 1, 2016, and the text of that
 1279  section shall revert to that in existence on June 30, 2015,
 1280  except that any amendments to such text enacted other than by
 1281  this act shall be preserved and continue to operate to the
 1282  extent that such amendments are not dependent upon the portions
 1283  of text which expire pursuant to this section.
 1284         Section 38. In order to implement the salary and benefits,
 1285  expenses, other personal services, contracted services, special
 1286  categories and operating capital outlay categories of the 2015
 1287  2016 General Appropriations Act, paragraph (a) of subsection (2)
 1288  of section 216.292, Florida Statutes, is reenacted to read:
 1289         216.292 Appropriations nontransferable; exceptions.—
 1290         (2) The following transfers are authorized to be made by
 1291  the head of each department or the Chief Justice of the Supreme
 1292  Court whenever it is deemed necessary by reason of changed
 1293  conditions:
 1294         (a) The transfer of appropriations funded from identical
 1295  funding sources, except appropriations for fixed capital outlay,
 1296  and the transfer of amounts included within the total original
 1297  approved budget and plans of releases of appropriations as
 1298  furnished pursuant to ss. 216.181 and 216.192, as follows:
 1299         1. Between categories of appropriations within a budget
 1300  entity, if no category of appropriation is increased or
 1301  decreased by more than 5 percent of the original approved budget
 1302  or $250,000, whichever is greater, by all action taken under
 1303  this subsection.
 1304         2. Between budget entities within identical categories of
 1305  appropriations, if no category of appropriation is increased or
 1306  decreased by more than 5 percent of the original approved budget
 1307  or $250,000, whichever is greater, by all action taken under
 1308  this subsection.
 1309         3. Any agency exceeding salary rate established pursuant to
 1310  s. 216.181(8) on June 30th of any fiscal year shall not be
 1311  authorized to make transfers pursuant to subparagraphs 1. and 2.
 1312  in the subsequent fiscal year.
 1313         4. Notice of proposed transfers under subparagraphs 1. and
 1314  2. shall be provided to the Executive Office of the Governor and
 1315  the chairs of the legislative appropriations committees at least
 1316  3 days prior to agency implementation in order to provide an
 1317  opportunity for review.
 1318         Section 39. The amendment to s. 216.292, Florida Statutes,
 1319  as carried forward by this act from chapter 2014-53, Laws of
 1320  Florida, expires July 1, 2016, and the text of that section
 1321  shall revert to that in existence on June 30, 2014, except that
 1322  any amendments to such text enacted other than by this act shall
 1323  be preserved and continue to operate to the extent that such
 1324  amendments are not dependent upon the portions of text which
 1325  expire pursuant to this section.
 1326         Section 40. In order to implement the appropriation of
 1327  funds in the contracted services and expenses categories of the
 1328  2015-2016 General Appropriations Act, a state agency may not
 1329  initiate a competitive solicitation for a product or service if
 1330  the completion of such competitive solicitation would:
 1331         (1) Require a change in law; or
 1332         (2) Require a change to the agency’s budget other than a
 1333  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 1334  unless the initiation of such competitive solicitation is
 1335  specifically authorized in law, in the General Appropriations
 1336  Act, or by the Legislative Budget Commission.
 1337  
 1338  This section does not apply to a competitive solicitation for
 1339  which the agency head certifies that a valid emergency exists.
 1340  This section expires July 1, 2016.
 1341         Section 41. In order to implement the appropriation of
 1342  funds in the appropriation category “Special Categories-Risk
 1343  Management Insurance” in the 2015-2016 General Appropriations
 1344  Act, and pursuant to the notice, review, and objection
 1345  procedures of s. 216.177, Florida Statutes, the Executive Office
 1346  of the Governor may transfer funds appropriated in that category
 1347  between departments in order to align the budget authority
 1348  granted with the premiums paid by each department for risk
 1349  management insurance. This section expires July 1, 2016.
 1350         Section 42. In order to implement the appropriation of
 1351  funds in the appropriation category “Special Categories-Transfer
 1352  to Department of Management Services-Human Resources Services
 1353  Purchased per Statewide Contract” in the 2015-2016 General
 1354  Appropriations Act, and pursuant to the notice, review, and
 1355  objection procedures of s. 216.177, Florida Statutes, the
 1356  Executive Office of the Governor may transfer funds appropriated
 1357  in that category between departments in order to align the
 1358  budget authority granted with the assessments that must be paid
 1359  by each agency to the Department of Management Services for
 1360  human resource management services. This section expires July 1,
 1361  2016.
 1362         Section 43. In order to implement appropriations for
 1363  salaries and benefits of the 2015-2016 General Appropriations
 1364  Act, subsection (6) of section 112.24, Florida Statutes, is
 1365  amended to read:
 1366         112.24 Intergovernmental interchange of public employees.
 1367  To encourage economical and effective utilization of public
 1368  employees in this state, the temporary assignment of employees
 1369  among agencies of government, both state and local, and
 1370  including school districts and public institutions of higher
 1371  education is authorized under terms and conditions set forth in
 1372  this section. State agencies, municipalities, and political
 1373  subdivisions are authorized to enter into employee interchange
 1374  agreements with other state agencies, the Federal Government,
 1375  another state, a municipality, or a political subdivision
 1376  including a school district, or with a public institution of
 1377  higher education. State agencies are also authorized to enter
 1378  into employee interchange agreements with private institutions
 1379  of higher education and other nonprofit organizations under the
 1380  terms and conditions provided in this section. In addition, the
 1381  Governor or the Governor and Cabinet may enter into employee
 1382  interchange agreements with a state agency, the Federal
 1383  Government, another state, a municipality, or a political
 1384  subdivision including a school district, or with a public
 1385  institution of higher learning to fill, subject to the
 1386  requirements of chapter 20, appointive offices which are within
 1387  the executive branch of government and which are filled by
 1388  appointment by the Governor or the Governor and Cabinet. Under
 1389  no circumstances shall employee interchange agreements be
 1390  utilized for the purpose of assigning individuals to participate
 1391  in political campaigns. Duties and responsibilities of
 1392  interchange employees shall be limited to the mission and goals
 1393  of the agencies of government.
 1394         (6) For the 2015-2016 2014-2015 fiscal year only, the
 1395  assignment of an employee of a state agency as provided in this
 1396  section may be made if recommended by the Governor or Chief
 1397  Justice, as appropriate, and approved by the chairs of the
 1398  legislative appropriations committees. Such actions shall be
 1399  deemed approved if neither chair provides written notice of
 1400  objection within 14 days after receiving notice of the action
 1401  pursuant to s. 216.177. This subsection expires July 1, 2016
 1402  2015.
 1403         Section 44. In order to implement Specific Appropriations
 1404  2665 and 2666 of the 2015-2016 General Appropriations Act and
 1405  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 1406  salaries for members of the Legislature for the 2015-2016 fiscal
 1407  year shall be set at the same level in effect on July 1, 2010.
 1408  This section expires July 1, 2016.
 1409         Section 45. In order to implement the transfer of funds to
 1410  the General Revenue Fund from trust funds in the 2015-2016
 1411  General Appropriations Act, paragraph (b) of subsection (2) of
 1412  section 215.32, Florida Statutes, is reenacted to read:
 1413         215.32 State funds; segregation.—
 1414         (2) The source and use of each of these funds shall be as
 1415  follows:
 1416         (b)1. The trust funds shall consist of moneys received by
 1417  the state which under law or under trust agreement are
 1418  segregated for a purpose authorized by law. The state agency or
 1419  branch of state government receiving or collecting such moneys
 1420  is responsible for their proper expenditure as provided by law.
 1421  Upon the request of the state agency or branch of state
 1422  government responsible for the administration of the trust fund,
 1423  the Chief Financial Officer may establish accounts within the
 1424  trust fund at a level considered necessary for proper
 1425  accountability. Once an account is established, the Chief
 1426  Financial Officer may authorize payment from that account only
 1427  upon determining that there is sufficient cash and releases at
 1428  the level of the account.
 1429         2. In addition to other trust funds created by law, to the
 1430  extent possible, each agency shall use the following trust funds
 1431  as described in this subparagraph for day-to-day operations:
 1432         a. Operations or operating trust fund, for use as a
 1433  depository for funds to be used for program operations funded by
 1434  program revenues, with the exception of administrative
 1435  activities when the operations or operating trust fund is a
 1436  proprietary fund.
 1437         b. Operations and maintenance trust fund, for use as a
 1438  depository for client services funded by third-party payors.
 1439         c. Administrative trust fund, for use as a depository for
 1440  funds to be used for management activities that are departmental
 1441  in nature and funded by indirect cost earnings and assessments
 1442  against trust funds. Proprietary funds are excluded from the
 1443  requirement of using an administrative trust fund.
 1444         d. Grants and donations trust fund, for use as a depository
 1445  for funds to be used for allowable grant or donor agreement
 1446  activities funded by restricted contractual revenue from private
 1447  and public nonfederal sources.
 1448         e. Agency working capital trust fund, for use as a
 1449  depository for funds to be used pursuant to s. 216.272.
 1450         f. Clearing funds trust fund, for use as a depository for
 1451  funds to account for collections pending distribution to lawful
 1452  recipients.
 1453         g. Federal grant trust fund, for use as a depository for
 1454  funds to be used for allowable grant activities funded by
 1455  restricted program revenues from federal sources.
 1456  
 1457  To the extent possible, each agency must adjust its internal
 1458  accounting to use existing trust funds consistent with the
 1459  requirements of this subparagraph. If an agency does not have
 1460  trust funds listed in this subparagraph and cannot make such
 1461  adjustment, the agency must recommend the creation of the
 1462  necessary trust funds to the Legislature no later than the next
 1463  scheduled review of the agency’s trust funds pursuant to s.
 1464  215.3206.
 1465         3. All such moneys are hereby appropriated to be expended
 1466  in accordance with the law or trust agreement under which they
 1467  were received, subject always to the provisions of chapter 216
 1468  relating to the appropriation of funds and to the applicable
 1469  laws relating to the deposit or expenditure of moneys in the
 1470  State Treasury.
 1471         4.a. Notwithstanding any provision of law restricting the
 1472  use of trust funds to specific purposes, unappropriated cash
 1473  balances from selected trust funds may be authorized by the
 1474  Legislature for transfer to the Budget Stabilization Fund and
 1475  General Revenue Fund in the General Appropriations Act.
 1476         b. This subparagraph does not apply to trust funds required
 1477  by federal programs or mandates; trust funds established for
 1478  bond covenants, indentures, or resolutions whose revenues are
 1479  legally pledged by the state or public body to meet debt service
 1480  or other financial requirements of any debt obligations of the
 1481  state or any public body; the Division of Licensing Trust Fund
 1482  in the Department of Agriculture and Consumer Services; the
 1483  State Transportation Trust Fund; the trust fund containing the
 1484  net annual proceeds from the Florida Education Lotteries; the
 1485  Florida Retirement System Trust Fund; trust funds under the
 1486  management of the State Board of Education or the Board of
 1487  Governors of the State University System, where such trust funds
 1488  are for auxiliary enterprises, self-insurance, and contracts,
 1489  grants, and donations, as those terms are defined by general
 1490  law; trust funds that serve as clearing funds or accounts for
 1491  the Chief Financial Officer or state agencies; trust funds that
 1492  account for assets held by the state in a trustee capacity as an
 1493  agent or fiduciary for individuals, private organizations, or
 1494  other governmental units; and other trust funds authorized by
 1495  the State Constitution.
 1496         Section 46. The amendment to s. 215.32(2)(b), Florida
 1497  Statutes, as carried forward by this act from chapter 2011-47,
 1498  Laws of Florida, expires July 1, 2016, and the text of that
 1499  paragraph shall revert to that in existence on June 30, 2011,
 1500  except that any amendments to such text enacted other than by
 1501  this act shall be preserved and continue to operate to the
 1502  extent that such amendments are not dependent upon the portions
 1503  of text which expire pursuant to this section.
 1504         Section 47. In order to implement the issuance of new debt
 1505  authorized in the 2015-2016 General Appropriations Act, and
 1506  pursuant to s. 215.98, Florida Statutes, the Legislature
 1507  determines that the authorization and issuance of debt for the
 1508  2015-2016 fiscal year should be implemented and is in the best
 1509  interest of the state. This section expires July 1, 2016.
 1510         Section 48. In order to implement appropriations in the
 1511  2015-2016 General Appropriations Act for state employee travel,
 1512  the funds appropriated to each state agency, which may be used
 1513  for travel by state employees, shall be limited during the 2015
 1514  2016 fiscal year to travel for activities that are critical to
 1515  each state agency’s mission. Funds may not be used for travel by
 1516  state employees to foreign countries, other states, conferences,
 1517  staff training activities, or other administrative functions
 1518  unless the agency head has approved, in writing, that such
 1519  activities are critical to the agency’s mission. The agency head
 1520  shall consider using teleconferencing and other forms of
 1521  electronic communication to meet the needs of the proposed
 1522  activity before approving mission-critical travel. This section
 1523  does not apply to travel for law enforcement purposes, military
 1524  purposes, emergency management activities, or public health
 1525  activities. This section expires July 1, 2016.
 1526         Section 49. In order to implement Specific Appropriations
 1527  2906 through 2927 of the 2015-2016 General Appropriations Act,
 1528  funded from the data processing appropriation category for
 1529  computing services of user agencies, and pursuant to the notice,
 1530  review, and objection procedures of s. 216.177, Florida
 1531  Statutes, the Executive Office of the Governor may transfer
 1532  funds appropriated for data processing in the 2015-2016 General
 1533  Appropriations Act between agencies in order to align the budget
 1534  authority granted with the utilization rate of each department.
 1535  This section expires July 1, 2016.
 1536         Section 50. In order to implement appropriations authorized
 1537  in the 2015-2016 General Appropriations Act for data center
 1538  services, and notwithstanding s. 216.292(2)(a), Florida
 1539  Statutes, except as authorized in section 49 of this act, an
 1540  agency may not transfer funds from a data processing category to
 1541  a category other than another data processing category. This
 1542  section expires July 1, 2016.
 1543         Section 51. In order to implement Specific Appropriation
 1544  2887 of the 2015-2016 General Appropriations Act, the Executive
 1545  Office of the Governor may transfer funds appropriated in the
 1546  appropriation category “Expenses” of the 2015-2016 General
 1547  Appropriations Act between agencies in order to allocate a
 1548  reduction relating to SUNCOM Network services. This section
 1549  expires July 1, 2016.
 1550         Section 52. In order to implement section 8 of the 2015
 1551  2016 General Appropriations Act, section 110.12315, Florida
 1552  Statutes, is reenacted to read:
 1553         110.12315 Prescription drug program.—The state employees’
 1554  prescription drug program is established. This program shall be
 1555  administered by the Department of Management Services, according
 1556  to the terms and conditions of the plan as established by the
 1557  relevant provisions of the annual General Appropriations Act and
 1558  implementing legislation, subject to the following conditions:
 1559         (1) The department shall allow prescriptions written by
 1560  health care providers under the plan to be filled by any
 1561  licensed pharmacy pursuant to contractual claims-processing
 1562  provisions. Nothing in this section may be construed as
 1563  prohibiting a mail order prescription drug program distinct from
 1564  the service provided by retail pharmacies.
 1565         (2) In providing for reimbursement of pharmacies for
 1566  prescription medicines dispensed to members of the state group
 1567  health insurance plan and their dependents under the state
 1568  employees’ prescription drug program:
 1569         (a) Retail pharmacies participating in the program must be
 1570  reimbursed at a uniform rate and subject to uniform conditions,
 1571  according to the terms and conditions of the plan.
 1572         (b) There shall be a 30-day supply limit for prescription
 1573  card purchases, a 90-day supply limit for maintenance
 1574  prescription drug purchases, and a 90-day supply limit for mail
 1575  order or mail order prescription drug purchases.
 1576         (c) The pharmacy dispensing fee shall be negotiated by the
 1577  department.
 1578         (3) Pharmacy reimbursement rates shall be as follows:
 1579         (a) For mail order and specialty pharmacies contracting
 1580  with the department, reimbursement rates shall be as established
 1581  in the contract.
 1582         (b) For retail pharmacies, the reimbursement rate shall be
 1583  at the same rate as mail order pharmacies under contract with
 1584  the department.
 1585         (4) The department shall maintain the preferred brand name
 1586  drug list to be used in the administration of the state
 1587  employees’ prescription drug program.
 1588         (5) The department shall maintain a list of maintenance
 1589  drugs.
 1590         (a) Preferred provider organization health plan members may
 1591  have prescriptions for maintenance drugs filled up to three
 1592  times as a 30-day supply through a retail pharmacy; thereafter,
 1593  prescriptions for the same maintenance drug must be filled as a
 1594  90-day supply either through the department’s contracted mail
 1595  order pharmacy or through a retail pharmacy.
 1596         (b) Health maintenance organization health plan members may
 1597  have prescriptions for maintenance drugs filled as a 90-day
 1598  supply either through a mail order pharmacy or through a retail
 1599  pharmacy.
 1600         (6) Copayments made by health plan members for a 90-day
 1601  supply through a retail pharmacy shall be the same as copayments
 1602  made for a 90-day supply through the department’s contracted
 1603  mail order pharmacy.
 1604         (7) The department shall establish the reimbursement
 1605  schedule for prescription pharmaceuticals dispensed under the
 1606  program. Reimbursement rates for a prescription pharmaceutical
 1607  must be based on the cost of the generic equivalent drug if a
 1608  generic equivalent exists, unless the physician prescribing the
 1609  pharmaceutical clearly states on the prescription that the brand
 1610  name drug is medically necessary or that the drug product is
 1611  included on the formulary of drug products that may not be
 1612  interchanged as provided in chapter 465, in which case
 1613  reimbursement must be based on the cost of the brand name drug
 1614  as specified in the reimbursement schedule adopted by the
 1615  department.
 1616         (8) The department shall conduct a prescription utilization
 1617  review program. In order to participate in the state employees’
 1618  prescription drug program, retail pharmacies dispensing
 1619  prescription medicines to members of the state group health
 1620  insurance plan or their covered dependents, or to subscribers or
 1621  covered dependents of a health maintenance organization plan
 1622  under the state group insurance program, shall make their
 1623  records available for this review.
 1624         (9) The department shall implement such additional cost
 1625  saving measures and adjustments as may be required to balance
 1626  program funding within appropriations provided, including a
 1627  trial or starter dose program and dispensing of long-term
 1628  maintenance medication in lieu of acute therapy medication.
 1629         (10) Participating pharmacies must use a point-of-sale
 1630  device or an online computer system to verify a participant’s
 1631  eligibility for coverage. The state is not liable for
 1632  reimbursement of a participating pharmacy for dispensing
 1633  prescription drugs to any person whose current eligibility for
 1634  coverage has not been verified by the state’s contracted
 1635  administrator or by the department.
 1636         (11) Under the state employees’ prescription drug program
 1637  copayments must be made as follows:
 1638         (a) Effective January 1, 2013, for the State Group Health
 1639  Insurance Standard Plan:
 1640         1. For generic drug with card.........................$7.
 1641         2. For preferred brand name drug with card...........$30.
 1642         3. For nonpreferred brand name drug with card........$50.
 1643         4. For generic mail order drug.......................$14.
 1644         5. For preferred brand name mail order drug..........$60.
 1645         6. For nonpreferred brand name mail order drug......$100.
 1646         (b) Effective January 1, 2006, for the State Group Health
 1647  Insurance High Deductible Plan:
 1648         1. Retail coinsurance for generic drug with card.....30%.
 1649         2. Retail coinsurance for preferred brand name drug with
 1650  card........................................................30%.
 1651         3. Retail coinsurance for nonpreferred brand name drug with
 1652  card........................................................50%.
 1653         4. Mail order coinsurance for generic drug...........30%.
 1654         5. Mail order coinsurance for preferred brand name drug30%.
 1655         6. Mail order coinsurance for nonpreferred brand name
 1656  drug........................................................50%.
 1657         (c) The department shall create a preferred brand name drug
 1658  list to be used in the administration of the state employees’
 1659  prescription drug program.
 1660         Section 53. (1) The amendments to s. 110.12315(2)(b),
 1661  Florida Statutes, as carried forward by this act from chapters
 1662  2013-41 and 2014-53, Laws of Florida, expire July 1, 2016, and
 1663  the text of that paragraph shall revert to that in existence on
 1664  June 30, 2012, except that any amendments to such text enacted
 1665  other than by this act shall be preserved and continue to
 1666  operate to the extent that such amendments are not dependent
 1667  upon the portions of text which expire pursuant to this section.
 1668         (2) The amendments to s. 110.12315(2)(c) and (3)-(10),
 1669  Florida Statutes, as carried forward by this act from chapter
 1670  2014-53, Laws of Florida, expire July 1, 2016, and the text of
 1671  present s. 110.12315(2)(c) and (7)-(10), Florida Statutes,
 1672  shall, respectively, revert to the former text of s.
 1673  110.12315(2)(c) and (3)-(6), Florida Statutes, in existence on
 1674  June 30, 2014, except that any amendments to such text enacted
 1675  other than by this act shall be preserved and continue to
 1676  operate to the extent that such amendments are not dependent
 1677  upon the portions of text which expire pursuant to this section.
 1678         (3) The amendment to s. 110.12315(7)(a), Florida Statutes,
 1679  as carried forward by this act from chapter 2013-41, Laws of
 1680  Florida, and the amendment that renumbered that paragraph as s.
 1681  110.12315(11)(a), Florida Statutes, as carried forward by this
 1682  act from chapter 2014-53, Laws of Florida, expire July 1, 2016,
 1683  and the text of that paragraph shall revert to that in existence
 1684  on December 31, 2010, except that any amendments to such text
 1685  enacted other than by this act shall be preserved and continue
 1686  to operate to the extent that such amendments are not dependent
 1687  upon the portions of text which expire pursuant to this section.
 1688         Section 54. Any section of this act which implements a
 1689  specific appropriation or specifically identified proviso
 1690  language in the 2015-2016 General Appropriations Act is void if
 1691  the specific appropriation or specifically identified proviso
 1692  language is vetoed. Any section of this act which implements
 1693  more than one specific appropriation or more than one portion of
 1694  specifically identified proviso language in the 2015-2016
 1695  General Appropriations Act is void if all the specific
 1696  appropriations or portions of specifically identified proviso
 1697  language are vetoed.
 1698         Section 55. If any other act passed during the 2015 Regular
 1699  Session contains a provision that is substantively the same as a
 1700  provision in this act, but that removes or is otherwise not
 1701  subject to the future repeal applied to such provision by this
 1702  act, the Legislature intends that the provision in the other act
 1703  takes precedence and continues to operate, notwithstanding the
 1704  future repeal provided by this act.
 1705         Section 56. If any provision of this act or its application
 1706  to any person or circumstance is held invalid, the invalidity
 1707  does not affect other provisions or applications of the act
 1708  which can be given effect without the invalid provision or
 1709  application, and to this end the provisions of this act are
 1710  severable.
 1711         Section 57. Except as otherwise expressly provided in this
 1712  act and except for this section, which shall take effect upon
 1713  this act becoming a law, this act shall take effect July 1,
 1714  2015; or, if this act fails to become a law until after that
 1715  date, it shall take effect upon becoming a law and operate
 1716  retroactively to July 1, 2015.