Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7092
FOR CONSIDERATION By the Committee on Appropriations
576-02887-14 20147092__
1 A bill to be entitled
2 An act relating to implementing the General
3 Appropriations Act; providing legislative intent;
4 incorporating by reference certain calculations of the
5 Florida Education Finance Program for the 2014-2015
6 fiscal year; providing that funds for instructional
7 materials shall be released and expended as required
8 in specified proviso language, notwithstanding other
9 provisions of law; amending s. 1011.62, F.S.;
10 increasing the number of schools eligible for
11 categorical funding for supplemental academic
12 instruction and for the research-based reading
13 instruction allocation; suspending for the 2014-2015
14 fiscal year a provision authorizing the Legislature to
15 provide a virtual education contribution to the
16 Florida Education Finance Program; amending s.
17 1002.32, F.S.; requiring that eligible lab schools
18 that have a permanent high school center receive a
19 proportional share of the sparsity supplement;
20 amending s. 1013.64, F.S.; revising the basis for
21 allocating fixed-capital outlay funds for existing
22 satisfactory facilities; incorporating by reference
23 certain calculations of the Medicaid Low-Income Pool
24 and Disproportionate Share Hospital programs for the
25 2014-2015 fiscal year; providing requirements
26 governing the continuation of the Department of
27 Health’s Florida Onsite Sewage Nitrogen Reduction
28 Strategies Study; specifying certain prohibitions
29 before completion of the study; prioritizing which
30 categories of individuals on the Agency for Persons
31 with Disabilities wait list will be offered a slot on
32 the Medicaid home and community-based waiver programs;
33 allowing an individual to continue receiving waiver
34 services if his or her parent or guardian is an
35 active-duty service member transferred to Florida;
36 providing that individuals remaining on the wait list
37 are not entitled to an administrative proceeding;
38 prohibiting behavioral health managing entities
39 contracting with the Department of Children and
40 Families from conducting provider network procurements
41 during the 2014-2015 fiscal year; amending s. 216.262,
42 F.S.; authorizing the Department of Corrections to
43 submit a budget amendment for additional positions to
44 operate additional prison bed capacity under certain
45 circumstances; authorizing the Department of Legal
46 Affairs to spend certain appropriated funds on
47 programs that were funded by the department from
48 specific appropriations in general appropriations acts
49 in previous years; requiring the Department of
50 Juvenile Justice to comply with specified
51 reimbursement limitations with respect to payments to
52 hospitals or health care providers for health care
53 services; authorizing certain payments pursuant to a
54 contracted rate only until the contract expires or is
55 renewed; defining the term “hospital” for purposes of
56 such limitations; directing the Department of
57 Management Services to use a tenant broker to
58 renegotiate or reprocure leases for office or storage
59 space and provide a report to the Legislature;
60 reenacting s. 624.502, F.S., relating to a requirement
61 that fees for service of process upon the Chief
62 Financial Officer or Office of Insurance Regulation be
63 deposited into the Administrative Trust Fund; amending
64 s. 161.143, F.S.; providing an allocation in the
65 General Appropriations Act for inlet management
66 funding; amending s. 216.181, F.S.; authorizing the
67 Legislative Budget Commission to increase amounts
68 appropriated to the Fish and Wildlife Conservation
69 Commission or the Department of Environmental
70 Protection for fixed capital outlay projects; amending
71 s. 259.032, F.S.; authorizing the transfer of moneys
72 in the Conservation and Recreation Lands Trust Fund to
73 the Save Our Everglades Trust Fund to support certain
74 Everglades restoration projects; amending s. 375.041,
75 F.S.; providing for the transfer of moneys from the
76 Land Acquisition Trust Fund to support the Total
77 Maximum Daily Loads Program; providing for the
78 transfer of moneys in the Land Acquisition Trust Fund
79 to the Save Our Everglades Trust Fund to support
80 certain Everglades restoration projects; amending s.
81 373.59, F.S.; revising the allocation of moneys from
82 the Water Management Lands Trust Fund; authorizing
83 specified funds to be deposited into the Save Our
84 Everglades Trust Fund to support certain Everglades
85 restoration projects; amending s. 376.30711, F.S.;
86 requiring that all task assignments, work orders, and
87 contracts for providers under the Petroleum
88 Restoration Program must meet certain requirements;
89 amending s. 403.7095, F.S.; requiring the Department
90 of Environmental Protection to award a specified
91 amount in grants to certain counties for solid waste
92 programs; authorizing the Fish and Wildlife Commission
93 to pay a bounty for captured and destroyed lionfish;
94 amending s. 339.135, F.S.; authorizing the Department
95 of Transportation to use appropriated funds to support
96 the establishment of a statewide system of
97 interconnected multiuse trails and related facilities;
98 amending s. 335.065, F.S.; authorizing the Department
99 of Transportation to use certain funds to support the
100 establishment of a statewide system of interconnected
101 multiuse trails and related facilities; providing
102 criteria for prioritizing trail projects; providing
103 for the reversion of unobligated funds appropriated
104 for certain transportation and economic development
105 projects; prohibiting a state agency from initiating a
106 competitive solicitation for a product or service
107 under certain circumstances; authorizing the Executive
108 Office of the Governor to transfer funds between
109 departments for purposes of aligning amounts paid for
110 risk management premiums and for purposes of aligning
111 amounts paid for human resource management services;
112 amending s. 112.24, F.S.; providing conditions on the
113 assignment of an employee of a state agency; providing
114 that the annual salary of the members of the
115 Legislature be maintained at a specified level;
116 reenacting s. 215.32(2)(b), F.S., relating to the
117 source and use of certain trust funds; providing a
118 legislative determination that the issuance of new
119 debt is in the best interests of the state and
120 necessary to address a critical state emergency;
121 limiting the use of travel funds to activities that
122 are critical to an agency’s mission; providing
123 exceptions; authorizing certain agencies to request
124 the transfer of resources between Data Processing
125 Services appropriation categories and appropriation
126 categories for operation based upon changes to the
127 data center services consolidation schedule;
128 authorizing the Executive Office of the Governor to
129 transfer funds for use by the state’s designated
130 primary data centers; prohibiting an agency from
131 transferring funds from a data processing category to
132 another category; reenacting and amending s.
133 110.12315(2)(b) and (7)(a), F.S., relating to the
134 state employee prescription drug program; updating
135 provisions specifying copayment amounts; providing for
136 the effect of a veto of one or more specific
137 appropriations or proviso to which implementing
138 language refers; providing for the continued operation
139 of certain provisions notwithstanding a future repeal
140 or expiration provided by this act; providing for
141 severability; providing effective dates.
142
143 Be It Enacted by the Legislature of the State of Florida:
144
145 Section 1. It is the intent of the Legislature that the
146 implementing and administering provisions of this act apply to
147 the General Appropriations Act for the 2014-2015 fiscal year.
148 Section 2. In order to implement Specific Appropriations 9,
149 10, 11, 96, and 97 of the 2014-2015 General Appropriations Act,
150 the calculations of the Florida Education Finance Program for
151 the 2014-2015 fiscal year in the document entitled “Public
152 School Funding-The Florida Education Finance Program,” dated____
153 ____, 2014, and filed with the Secretary of the Senate, are
154 incorporated by reference for the purpose of displaying the
155 calculations used by the Legislature, consistent with the
156 requirements of state law, in making appropriations for the
157 Florida Education Finance Program. This section expires July 1,
158 2015.
159 Section 3. In order to implement Specific Appropriations 9
160 and 96 of the 2014-2015 General Appropriations Act and
161 notwithstanding the provisions of ss. 1006.28 through 1006.42,
162 1002.20, 1003.02, 1011.62(6)(b)5., and 1011.67, Florida
163 Statutes, relating to the expenditure of funds provided for
164 instructional materials, for the 2014-2015 fiscal year, funds
165 provided for instructional materials shall be released and
166 expended as required in the proviso language attached to
167 Specific Appropriation 96. This section expires July 1, 2015.
168 Section 4. In order to implement Specific Appropriations 9
169 and 96 of the 2014-2015, General Appropriations Act, paragraph
170 (f) of subsection (1), paragraphs (a) and (c) of subsection (9),
171 and subsection (11) of section 1011.62, Florida Statutes, are
172 amended to read:
173 1011.62 Funds for operation of schools.—If the annual
174 allocation from the Florida Education Finance Program to each
175 district for operation of schools is not determined in the
176 annual appropriations act or the substantive bill implementing
177 the annual appropriations act, it shall be determined as
178 follows:
179 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
180 OPERATION.—The following procedure shall be followed in
181 determining the annual allocation to each district for
182 operation:
183 (f) Supplemental academic instruction; categorical fund.—
184 1. There is created a categorical fund to provide
185 supplemental academic instruction to students in kindergarten
186 through grade 12. This paragraph may be cited as the
187 “Supplemental Academic Instruction Categorical Fund.”
188 2. Categorical funds for supplemental academic instruction
189 shall be allocated annually to each school district in the
190 amount provided in the General Appropriations Act. These funds
191 are shall be in addition to the funds appropriated on the basis
192 of FTE student membership in the Florida Education Finance
193 Program and shall be included in the total potential funds of
194 each district. These funds shall be used to provide supplemental
195 academic instruction to students enrolled in the K-12 program.
196 For the 2012-2013, 2013-2014, and 2014-2015 fiscal year years,
197 each school district that has one or more of the 300 100 lowest
198 performing elementary schools based on the state reading
199 assessment shall use these funds, together with the funds
200 provided in the district’s research-based reading instruction
201 allocation and other available funds, to provide an additional
202 hour of instruction beyond the normal school day for each day of
203 the entire school year for intensive reading instruction for the
204 students in each of these schools. This additional hour of
205 instruction must be provided only by teachers or reading
206 specialists who are effective in teaching reading. Students
207 enrolled in these schools who have level 5 assessment scores may
208 participate in the additional hour of instruction on an optional
209 basis. Exceptional student education centers are shall not be
210 included in the 300 100 schools. After this requirement has been
211 met, supplemental instruction strategies may include, but are
212 not limited to: modified curriculum, reading instruction, after
213 school instruction, tutoring, mentoring, class size reduction,
214 extended school year, intensive skills development in summer
215 school, and other methods for improving student achievement.
216 Supplemental instruction may be provided to a student in any
217 manner and at any time during or beyond the regular 180-day term
218 identified by the school as being the most effective and
219 efficient way to best help that student progress from grade to
220 grade and to graduate.
221 3. Effective with the 1999-2000 fiscal year, Funding on the
222 basis of FTE membership beyond the 180-day regular term shall be
223 provided in the FEFP only for students enrolled in juvenile
224 justice education programs or in education programs for
225 juveniles placed in secure facilities or programs under s.
226 985.19. Funding for instruction beyond the regular 180-day
227 school year for all other K-12 students shall be provided
228 through the supplemental academic instruction categorical fund
229 and other state, federal, and local fund sources with ample
230 flexibility for schools to provide supplemental instruction to
231 assist students in progressing from grade to grade and
232 graduating.
233 4. The Florida State University School, as a lab school, is
234 authorized to expend from its FEFP or Lottery Enhancement Trust
235 Fund allocation the cost to the student of remediation in
236 reading, writing, or mathematics for any graduate who requires
237 remediation at a postsecondary educational institution.
238 5. Beginning in the 1999-2000 school year, Dropout
239 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
240 (b), and (c), and 1003.54 shall be included in group 1 programs
241 under subparagraph (d)3.
242 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
243 (a) The research-based reading instruction allocation is
244 created to provide comprehensive reading instruction to students
245 in kindergarten through grade 12. For the 2012-2013, 2013-2014,
246 and 2014-2015 fiscal year years, in each school district that
247 has one or more of the 300 100 lowest-performing elementary
248 schools based on the state reading assessment, priority shall be
249 given to providing an additional hour per day of intensive
250 reading instruction beyond the normal school day for each day of
251 the entire school year for the students in each school. Students
252 enrolled in these schools who have level 5 assessment scores may
253 participate in the additional hour of instruction on an optional
254 basis. Exceptional student education centers are shall not be
255 included in the 300 100 schools. The intensive reading
256 instruction delivered in this additional hour and for other
257 students shall include: research-based reading instruction that
258 has been proven to accelerate progress of students exhibiting a
259 reading deficiency; differentiated instruction based on student
260 assessment data to meet students’ specific reading needs;
261 explicit and systematic reading development in phonemic
262 awareness, phonics, fluency, vocabulary, and comprehension, with
263 more extensive opportunities for guided practice, error
264 correction, and feedback; and the integration of social studies,
265 science, and mathematics-text reading, text discussion, and
266 writing in response to reading. For the 2012-2013 and 2013-2014
267 fiscal years, a school district may not hire more reading
268 coaches than were hired during the 2011-2012 fiscal year unless
269 all students in kindergarten through grade 5 who demonstrate a
270 reading deficiency, as determined by district and state
271 assessments, including students scoring Level 1 or Level 2 on
272 FCAT Reading, are provided an additional hour per day of
273 intensive reading instruction beyond the normal school day for
274 each day of the entire school year.
275 (c) Funds allocated under this subsection must be used to
276 provide a system of comprehensive reading instruction to
277 students enrolled in the K-12 programs, which may include the
278 following:
279 1. The provision of an additional hour per day of intensive
280 reading instruction to students in the 300 100 lowest-performing
281 elementary schools by teachers and reading specialists who are
282 effective in teaching reading.
283 2. Kindergarten through grade 5 reading intervention
284 teachers to provide intensive intervention during the school day
285 and in the required extra hour for students identified as having
286 a reading deficiency.
287 3. The provision of highly qualified reading coaches to
288 specifically support teachers in making instructional decisions
289 based on student data, and improve teacher delivery of effective
290 reading instruction, intervention, and reading in the content
291 areas based on student need.
292 4. Professional development for school district teachers in
293 scientifically based reading instruction, including strategies
294 to teach reading in content areas and with an emphasis on
295 technical and informational text.
296 5. The provision of summer reading camps for all students
297 in kindergarten through grade 2 who demonstrate a reading
298 deficiency as determined by district and state assessments, and
299 students in grades 3 through 5 who score at Level 1 on FCAT
300 Reading.
301 6. The provision of supplemental instructional materials
302 that are grounded in scientifically based reading research.
303 7. The provision of intensive interventions for students in
304 kindergarten through grade 12 who have been identified as having
305 a reading deficiency or who are reading below grade level as
306 determined by the FCAT.
307 (11) VIRTUAL EDUCATION CONTRIBUTION.—Except for the 2014
308 2015 fiscal year, the Legislature may annually provide in the
309 Florida Education Finance Program a virtual education
310 contribution. The amount of the virtual education contribution
311 shall be the difference between the amount per FTE established
312 in the General Appropriations Act for virtual education and the
313 amount per FTE for each district and the Florida Virtual School,
314 which may be calculated by taking the sum of the base FEFP
315 allocation, the discretionary local effort, the state-funded
316 discretionary contribution, the discretionary millage
317 compression supplement, the research-based reading instruction
318 allocation, and the instructional materials allocation, and then
319 dividing by the total unweighted FTE. This difference shall be
320 multiplied by the virtual education unweighted FTE for programs
321 and options identified in s. 1002.455(3) and the Florida Virtual
322 School and its franchises to equal the virtual education
323 contribution and shall be included as a separate allocation in
324 the funding formula.
325 Section 5. The amendments to s. 1011.62(1)(f), (9)(a) and
326 (c), and (11), Florida Statutes, made by this act expire July 1,
327 2015, and the text of those subsections and paragraphs shall
328 revert to that in existence on June 30, 2014, except that any
329 amendments to such text enacted other than by this act shall be
330 preserved and continue to operate to the extent that such
331 amendments are not dependent upon the portions of text which
332 expire pursuant to this section.
333 Section 6. In order to implement Specific Appropriations 9
334 and 96 of the 2014-2015 General Appropriations Act, paragraph
335 (a) of subsection (9) of section 1002.32, Florida Statutes, is
336 amended to read:
337 1002.32 Developmental research (laboratory) schools.—
338 (9) FUNDING.—Funding for a lab school, including a charter
339 lab school, shall be provided as follows:
340 (a) Each lab school shall be allocated its proportional
341 share of operating funds from the Florida Education Finance
342 Program as provided in s. 1011.62 based on the county in which
343 the lab school is located and the General Appropriations Act.
344 The nonvoted ad valorem millage that would otherwise be required
345 for lab schools shall be allocated from state funds. The
346 required local effort funds calculated pursuant to s. 1011.62
347 shall be allocated from state funds to the schools as a part of
348 the allocation of operating funds pursuant to s. 1011.62. Each
349 eligible lab school in operation as of September 1, 2013 2002,
350 which has a permanent high school center must shall also receive
351 a proportional share of the sparsity supplement as calculated
352 pursuant to s. 1011.62. In addition, each lab school shall
353 receive its proportional share of all categorical funds, with
354 the exception of s. 1011.68, and new categorical funds enacted
355 after July 1, 1994, for the purpose of elementary or secondary
356 academic program enhancement. The sum of funds available as
357 provided in this paragraph shall be included annually in the
358 Florida Education Finance Program and appropriate categorical
359 programs funded in the General Appropriations Act.
360 Section 7. The amendments to s. 1002.32(9)(a), Florida
361 Statutes, made by this act expire July 1, 2015, and the text of
362 that paragraph shall revert to that in existence on June 30,
363 2014, except that any amendments to such text enacted other than
364 by this act shall be preserved and continue to operate to the
365 extent that such amendments are not dependent upon the portions
366 of text which expire pursuant to this section.
367 Section 8. In order to implement Specific Appropriation 25
368 of the 2014-2015 General Appropriations Act, paragraph (a) of
369 subsection (1) of section 1013.64, Florida Statutes, is amended
370 to read:
371 1013.64 Funds for comprehensive educational plant needs;
372 construction cost maximums for school district capital
373 projects.—Allocations from the Public Education Capital Outlay
374 and Debt Service Trust Fund to the various boards for capital
375 outlay projects shall be determined as follows:
376 (1)(a)1. Funds for remodeling, renovation, maintenance,
377 repairs, and site improvement for existing satisfactory
378 facilities shall be given priority consideration by the
379 Legislature for appropriations allocated to the boards from the
380 total amount of the Public Education Capital Outlay and Debt
381 Service Trust Fund appropriated. These funds shall be calculated
382 pursuant to the following basic formula: the building value
383 times the building age over the sum of the years’ digits
384 assuming a 50-year building life. For modular noncombustible
385 facilities, a 35-year life shall be used, and for relocatable
386 facilities, a 20-year life shall be used. “Building value” is
387 calculated by multiplying each building’s total assignable
388 square feet times the appropriate net-to-gross conversion rate
389 found in state board rules and that product times the current
390 average new construction cost. “Building age” is calculated by
391 multiplying the prior year’s building age times 1 minus the
392 prior year’s sum received from this subsection divided by the
393 prior year’s building value. To the net result shall be added
394 the number 1. Each board shall receive the percentage generated
395 by the preceding formula of the total amount appropriated for
396 the purposes of this section.
397 2. Notwithstanding subparagraph 1., and for the 2014-2015
398 fiscal year only, funds appropriated for remodeling, renovation,
399 maintenance, repairs, and site improvement for existing
400 satisfactory facilities shall be allocated by prorating the
401 total appropriation based on each school district’s share of the
402 2013-2014 reported fixed capital outlay FTE. This subparagraph
403 expires July 1, 2015.
404 Section 9. In order to implement Specific Appropriations
405 203, 210, 211, 212, and 215 of the 2014-2015 General
406 Appropriations Act, the calculations for the Medicaid Low-Income
407 Pool and Disproportionate Share Hospital programs, and the
408 parameters and calculations for the diagnosis-related group
409 (DRG) methodology for hospital reimbursement, for the 2014-2015
410 fiscal year contained in the document entitled “Medicaid
411 Hospital Funding Programs,” dated __________, 2014, and filed
412 with the Secretary of the Senate, are incorporated by reference
413 for the purpose of displaying the calculations used by the
414 Legislature, consistent with the requirements of state law, in
415 making appropriations for the Medicaid Low-Income Pool and
416 Disproportionate Share Hospital programs, and the parameters and
417 calculations for the DRG methodology for hospital reimbursement.
418 This section expires July 1, 2015.
419 Section 10. (1) In order to implement Specific
420 Appropriation 490 of the 2014-2015 General Appropriations Act,
421 the following requirements govern the continuation of the
422 Department of Health’s Florida Onsite Sewage Nitrogen Reduction
423 Strategies Study:
424 (a) The Department of Health’s underlying contract for the
425 study remains in full force and effect and funding for
426 continuation of the study is provided through the department.
427 (b) The Department of Health, the Department of Health’s
428 Research Review and Advisory Committee, and the Department of
429 Environmental Protection shall work together to provide the
430 necessary technical oversight of the continuation of the study.
431 (c) Management and oversight of the continuation of the
432 study must be consistent with the terms of the existing
433 contract. However, the main focus and priority to be completed
434 is testing and recommending cost-effective passive technology
435 design criteria for nitrogen reduction. Notwithstanding any
436 other law, before the study is completed, a state agency may not
437 adopt or implement a rule or policy that:
438 1. Mandates, establishes, or implements more restrictive
439 nitrogen reduction standards to existing or new onsite sewage
440 treatment systems or modification of such systems; or
441 2. Directly or indirectly, such as through an
442 administrative order developed by the Department of
443 Environmental Protection as part of a basin management action
444 plan adopted pursuant to s. 403.067, Florida Statutes, requires
445 the use of performance-based treatment systems or similar
446 technology. However, more restrictive nitrogen reduction
447 standards for onsite systems may be required through a basin
448 management action plan if such plan is phased in after
449 completion of the study.
450 (2) This section expires July 1, 2015.
451 Section 11. (1) In order to implement Specific
452 Appropriation 268 of the 2014-2015 General Appropriations Act,
453 and notwithstanding s. 393.065(5), Florida Statutes, individuals
454 from the Medicaid home and community-based waiver programs wait
455 list shall be offered a slot on the waiver as follows:
456 (a) Individuals in category 1, which includes clients
457 deemed to be in crisis as described in rule, shall be given top
458 priority in moving from the wait list to the waiver.
459 (b) Individuals in category 2, at the time of finalization
460 of an adoption with placement in the family home, reunification
461 with family members with placement in a family home, or
462 permanent placement with a relative in a family home, shall be
463 moved to the waiver.
464 (c) In selecting individuals in category 3 or category 4,
465 the Agency for Persons with Disabilities shall use the Agency
466 for Persons with Disabilities Wait List Prioritization Tool,
467 dated March 15, 2013. Those individuals whose needs score
468 highest on the Wait List Prioritization Tool shall be moved to
469 the waiver during the 2014-2015 fiscal year, to the extent funds
470 are available.
471 (2) The agency shall allow an individual who meets the
472 eligibility requirements provided under s. 393.065(1), Florida
473 Statutes, to receive home and community-based services in this
474 state if the individual’s parent or legal guardian is an active
475 duty military service member and, at the time of the service
476 member’s transfer to Florida, the individual was receiving home
477 and community-based services in another state.
478 (3) Upon the placement of individuals on the waiver
479 pursuant to subsection (1), individuals remaining on the wait
480 list are deemed not to have been substantially affected by
481 agency action and are, therefore, not entitled to a hearing
482 under s. 393.125, Florida Statutes, or administrative proceeding
483 under chapter 120, Florida Statutes. This section expires July
484 1, 2015.
485 Section 12. In order to implement Specific Appropriations
486 350 through 366D and 371 through 374 of the 2014-2015 General
487 Appropriations Act, and notwithstanding any other law, in order
488 to provide consistency and continuity in the provision of mental
489 health and substance abuse treatment services to individuals
490 throughout the state, behavioral health managing entities
491 contracting with the Department of Children and Families
492 pursuant to s. 394.9082, Florida Statutes, may not conduct
493 provider network procurements during the 2014-2015 fiscal year.
494 The department shall amend its contracts with each managing
495 entity if necessary to remove contractual provisions that have
496 the effect of requiring a managing entity to conduct a provider
497 network procurement during the 2014-2015 fiscal year. This
498 section expires July 1, 2015.
499 Section 13. In order to implement Specific Appropriations
500 625 through 734 and 747 through 786 of the 2014-2015 General
501 Appropriations Act, subsection (4) of section 216.262, Florida
502 Statutes, is amended to read:
503 216.262 Authorized positions.—
504 (4) Notwithstanding the provisions of this chapter relating
505 to increasing the number of authorized positions, and for the
506 2014-2015 2013-2014 fiscal year only, if the actual inmate
507 population of the Department of Corrections exceeds the inmate
508 population projections of the February 27, 2014 February 19,
509 2013, Criminal Justice Estimating Conference by 1 percent for 2
510 consecutive months or 2 percent for any month, the Executive
511 Office of the Governor, with the approval of the Legislative
512 Budget Commission, shall immediately notify the Criminal Justice
513 Estimating Conference, which shall convene as soon as possible
514 to revise the estimates. The Department of Corrections may then
515 submit a budget amendment requesting the establishment of
516 positions in excess of the number authorized by the Legislature
517 and additional appropriations from unallocated general revenue
518 sufficient to provide for essential staff, fixed capital
519 improvements, and other resources to provide classification,
520 security, food services, health services, and other variable
521 expenses within the institutions to accommodate the estimated
522 increase in the inmate population. All actions taken pursuant to
523 this subsection are subject to review and approval by the
524 Legislative Budget Commission. This subsection expires July 1,
525 2015 2014.
526 Section 14. In order to implement Specific Appropriations
527 1322 and 1323 of the 2014-2015 General Appropriations Act, the
528 Department of Legal Affairs may expend appropriated funds in
529 those specific appropriations on the same programs that were
530 funded by the department pursuant to specific appropriations
531 made in general appropriations acts in previous years. This
532 section expires July 1, 2015.
533 Section 15. (1) In order to implement Specific
534 Appropriations 1130, 1135, 1136, 1142, 1143, 1147, 1148, 1184,
535 1186, 1192, 1193, 1194, 1205, and 1210 of the 2014-2015 General
536 Appropriations Act, the Department of Juvenile Justice must
537 comply with the following reimbursement limitations:
538 (a) Payments to a hospital or a health care provider may
539 not exceed 110 percent of the Medicare allowable rate for any
540 health care services provided if there is no contract between
541 the department and the hospital or the health care provider
542 providing services at a hospital;
543 (b) The department may continue to make payments for health
544 care services at the currently contracted rates through the
545 current term of the contract if a contract has been executed
546 between the department and a hospital or a health care provider
547 providing services at a hospital; however, payments may not
548 exceed 110 percent of the Medicare allowable rate after the
549 current term of the contract expires or after the contract is
550 renewed during the 2014-2015 fiscal year;
551 (c) Payments may not exceed 110 percent of the Medicare
552 allowable rate under a contract executed on or after July 1,
553 2014, between the department and a hospital or a health care
554 provider providing services at a hospital;
555 (d) Notwithstanding paragraphs (a)-(c), the department may
556 pay up to 125 percent of the Medicare allowable rate for health
557 care services at a hospital that reports or has reported a
558 negative operating margin for the previous fiscal year to the
559 Agency for Health Care Administration through hospital-audited
560 financial data; and
561 (2) As used in this section, the term “hospital” means a
562 hospital licensed under chapter 395, Florida Statutes.
563 (3) This section expires July 1, 2015.
564 Section 16. In order to implement appropriations used for
565 the payment of existing lease contracts for private lease space
566 in excess of 2,000 square feet in the 2014-2015 General
567 Appropriations Act, the Department of Management Services, with
568 the cooperation of the agencies having the existing lease
569 contracts for office or storage space, shall use tenant broker
570 services to renegotiate or reprocure all private lease
571 agreements for office or storage space expiring between July 1,
572 2015, and June 30, 2017, in order to reduce costs in future
573 years. The department shall incorporate this initiative into its
574 2014 Master Leasing Report and may use tenant broker services to
575 explore the possibilities of colocating office or storage space,
576 to review the space needs of each agency, and to review the
577 length and terms of potential renewals or renegotiations. The
578 department shall provide a report to the Executive Office of the
579 Governor, the President of the Senate, and the Speaker of the
580 House of Representatives by November 1, 2014, which lists each
581 lease contract for private office or storage space, the status
582 of renegotiations, and the savings achieved. This section
583 expires July 1, 2015.
584 Section 17. In order to implement Specific Appropriations
585 2277 through 2285 of the 2014-2015 General Appropriations Act,
586 section 624.502, Florida Statutes, is reenacted to read:
587 624.502 Service of process fee.—In all instances as
588 provided in any section of the insurance code and s. 48.151(3)
589 in which service of process is authorized to be made upon the
590 Chief Financial Officer or the director of the office, the
591 plaintiff shall pay to the department or office a fee of $15 for
592 such service of process, which fee shall be deposited into the
593 Administrative Trust Fund.
594 Section 18. The amendment to s. 624.502, Florida Statutes,
595 as carried forward by this act from chapter 2013-41, Laws of
596 Florida, expires July 1, 2015, and the text of that paragraph
597 shall revert to that in existence on June 30, 2013, except that
598 any amendments to such text enacted other than by this act shall
599 be preserved and continue to operate to the extent that such
600 amendments are not dependent upon the portions of text which
601 expire pursuant to this section.
602 Section 19. In order to implement Specific Appropriation
603 1653 of the 2014-2015 General Appropriations Act, paragraph (e)
604 of subsection (5) of section 161.143, Florida Statutes, is
605 amended to read:
606 161.143 Inlet management; planning, prioritizing, funding,
607 approving, and implementing projects.—
608 (5) The department shall annually provide an inlet
609 management project list, in priority order, to the Legislature
610 as part of the department’s budget request. The list must
611 include studies, projects, or other activities that address the
612 management of at least 10 separate inlets and that are ranked
613 according to the criteria established under subsection (2).
614 (e) Notwithstanding paragraphs (a) and (b), and for the
615 2014-2015 2013-2014 fiscal year only, the amount allocated for
616 inlet management funding is provided in the General
617 Appropriations Act. This paragraph expires July 1, 2015 2014.
618 Section 20. In order to implement Specific Appropriations
619 1727A, 1727B, 1777A, and 1843A of the 2014-2015 General
620 Appropriations Act, paragraph (d) is added to subsection (11) of
621 section 216.181, Florida Statutes, to read:
622 216.181 Approved budgets for operations and fixed capital
623 outlay.—
624 (11)
625 (d) Notwithstanding paragraphs (b) and (2)(b), and for the
626 2014-2015 fiscal year only, the Legislative Budget Commission
627 may authorize increases of the amounts appropriated to the Fish
628 and Wildlife Conservation Commission or the Department of
629 Environmental Protection for fixed capital outlay projects,
630 including additional fixed capital outlay projects, using funds
631 provided to the state from the Gulf Environmental Benefit Fund
632 administered by the National Fish and Wildlife Foundation; funds
633 provided to the state from the Gulf Coast Restoration Trust Fund
634 related to the Resources and Ecosystems Sustainability, Tourist
635 Opportunities, and Revived Economies of the Gulf Coast Act of
636 2012 (RESTORE Act); or funds provided by the British Petroleum
637 Corporation (BP) for natural resources damage assessment early
638 restoration projects. Concurrent with submission of an amendment
639 to the Legislative Budget Commission pursuant to this paragraph,
640 any project that carries a continuing commitment for future
641 appropriations by the Legislature must be specifically
642 identified, together with the projected amount of the future
643 commitment associated with the project and the fiscal years in
644 which the commitment is expected to commence. This paragraph
645 expires July 1, 2015.
646
647 The provisions of this subsection are subject to the notice and
648 objection procedures set forth in s. 216.177.
649 Section 21. In order to implement Specific Appropriation
650 1627A and section 38 of the 2014-2015 General Appropriations
651 Act, paragraph (f) is added to subsection (11) of section
652 259.032, Florida Statutes, to read:
653 259.032 Conservation and Recreation Lands Trust Fund;
654 purpose.—
655 (11)
656 (f) For the 2014-2015 fiscal year only, moneys in the
657 Conservation and Recreation Lands Trust Fund may be transferred
658 pursuant to s. 216.181(12) to the Save Our Everglades Trust Fund
659 to support Everglades restoration projects included in the final
660 report of the Select Committee on Indian River Lagoon and Lake
661 Okeechobee Basin, dated November 8, 2013. This paragraph expires
662 July 1, 2015.
663 Section 22. In order to implement Specific Appropriations
664 1627A and 1646 and section 38 of the 2013-2014 General
665 Appropriations Act, paragraphs (b) and (c) of subsection (3) of
666 section 375.041, Florida Statutes, are amended to read:
667 375.041 Land Acquisition Trust Fund.—
668 (3)
669 (b) In addition to the uses allowed under paragraph (a),
670 for the 2014-2015 2013-2014 fiscal year, moneys in the Land
671 Acquisition Trust Fund may be transferred to support the Total
672 Maximum Daily Loads Program as provided in the General
673 Appropriations Act. This paragraph expires July 1, 2015 2014.
674 (c) For the 2014-2015 2013-2014 fiscal year only, moneys in
675 the Land Acquisition Trust Fund may be transferred to the Save
676 Our Everglades Trust Fund for Everglades restoration pursuant to
677 s. 216.181(12) to support Everglades restoration projects
678 included in the final report of the Select Committee on Indian
679 River Lagoon and Lake Okeechobee Basin, dated November 8, 2013.
680 This paragraph expires July 1, 2015 2014.
681 Section 23. In order to implement Specific Appropriations
682 1625 and 1627A and section 38 of the 2014-2015 General
683 Appropriations Act, subsection (12) of section 373.59, Florida
684 Statutes, is amended to read:
685 373.59 Water Management Lands Trust Fund.—
686 (12) Notwithstanding subsection (8), and for the 2014-2015
687 2013-2014 fiscal year only, the moneys from the Water Management
688 Lands Trust Fund are allocated as follows:
689 (a) An amount necessary to pay debt service on bonds issued
690 before February 1, 2009, by the South Florida Water Management
691 District and the St. Johns River Water Management District,
692 which are secured by revenues provided pursuant to this section,
693 or to fund debt service reserve funds, rebate obligations, or
694 other amounts payable with respect to such bonds.
695 (b) Eight million dollars to be transferred to the General
696 Revenue Fund.
697 (c) Three million dollars may be transferred pursuant to s.
698 216.181(12) to the Save Our Everglades Trust Fund to support
699 Everglades restoration projects included in the final report of
700 the Select Committee on Indian River Lagoon and Lake Okeechobee
701 Basin, dated November 8, 2013.
702 (d) Any remaining funds to be provided in accordance with
703 the General Appropriations Act.
704 (c) Three million dollars to be distributed to the Suwannee
705 River Water Management District for springs restoration and
706 protection projects.
707 (d) Three million dollars to be distributed to the
708 Northwest Florida Water Management District for Apalachicola Bay
709 water quality improvement projects.
710 (e) Four million dollars to be distributed to the South
711 Florida Water Management District for J.W. Corbett Levee system
712 improvements.
713 (f) One million dollars to be distributed to the Southwest
714 Florida Water Management District for Duck Slough/Thousand Oaks
715 flood mitigation.
716 (g) The remaining appropriation to be distributed to the
717 Suwannee River Water Management District.
718
719 This subsection expires July 1, 2015 2014.
720 Section 24. In order to implement Specific Appropriation
721 1627 of the 2014-2015 General Appropriations Act, the recurring
722 $12 million appropriated from the General Revenue Fund and the
723 recurring $20 million appropriated from the Water Management
724 Lands Trust Fund to the Department of Environmental Protection
725 for the Restoration Strategies Regional Water Quality Plan
726 provided in chapter 2013-59, Laws of Florida, shall be deposited
727 into the Save Our Everglades Trust Fund within the department to
728 support Everglades restoration projects included in the final
729 report of the Select Committee on Indian River Lagoon and Lake
730 Okeechobee Basin, dated November 8, 2013. This paragraph expires
731 July 1, 2015.
732 Section 25. In order to implement Specific Appropriation
733 1697A of the 2014-2015 General Appropriations Act, paragraphs
734 (d) and (e) of subsection (2) of section 376.30711, Florida
735 Statutes, are amended to read:
736 376.30711 Preapproved site rehabilitation, effective March
737 29, 1995.—
738 (2)
739 (d) All task assignments, work orders, and contracts for
740 providers under the Petroleum Restoration Program entered into
741 by the department on or after July 1, 2013, pursuant to this
742 section and ss. 376.3071 and 376.30713 must:
743 1. Be procured through competitive bidding pursuant to s.
744 287.056, s. 287.057, or s. 287.0595.
745 2. Require that a statement under oath be executed and
746 provided to the department concurrently with the execution of
747 the task assignments, work orders, or contracts by:
748 a. All owners, responsible parties, and cleanup contractors
749 and subcontractors, that no compensation, remuneration, or gift
750 of any kind, directly or indirectly, has been solicited,
751 offered, accepted, paid, or received in exchange for designation
752 or employment in connection with the cleanup of an eligible
753 site, except for the compensation paid by the department to the
754 contractor for the cleanup.
755 b. All cleanup contractors and subcontractors receiving
756 compensation for cleanup of eligible sites, that they have never
757 paid, offered, or provided any compensation in exchange for
758 being designated or hired to do cleanup work, except for
759 compensation for the cleanup work.
760
761 This paragraph expires June 30, 2015 2014.
762 (e) Any owner, responsible party, or cleanup contractor or
763 subcontractor who falsely executes a statement required pursuant
764 to subparagraph (d)2. is prohibited from participating in the
765 Petroleum Restoration Program. This paragraph expires June 30,
766 2015 2014.
767 Section 26. In order to implement Specific Appropriation
768 1700 of the 2014-2015 General Appropriations Act, subsection (5)
769 of section 403.7095, Florida Statutes, is amended to read:
770 403.7095 Solid waste management grant program.—
771 (5) Notwithstanding any other provision of this section,
772 and for the 2014-2015 2013-2014 fiscal year only, the Department
773 of Environmental Protection shall award the sum of $3 million in
774 grants equally to counties having populations of fewer than
775 100,000 for waste tire and litter prevention, recycling
776 education, and general solid waste programs. This subsection
777 expires July 1, 2015 2014.
778 Section 27. In order to implement Specific Appropriation
779 1839A of the 2014-2015 General Appropriations Act, the Fish and
780 Wildlife Conservation Commission may pay a bounty for each
781 lionfish captured and destroyed from state or adjacent federal
782 waters during participating lionfish derbies. This section
783 expires July 1, 2015.
784 Section 28. In order to implement Specific Appropriation
785 1913 of the 2014-2015 General Appropriations Act, paragraph (i)
786 is added to subsection (4) of section 339.135, Florida Statutes,
787 and subsection (5) of that section is amended, to read:
788 339.135 Work program; legislative budget request;
789 definitions; preparation, adoption, execution, and amendment.—
790 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
791 (i) Notwithstanding paragraph (a), and for the 2014-2015
792 fiscal year only, the Department of Transportation may use
793 appropriated funds to support the establishment of a statewide
794 system of interconnected multiuse trails and to pay the costs of
795 planning, land acquisition, design, and construction of such
796 trails and related facilities. Funds specifically appropriated
797 for this purpose may not reduce, delete, or defer any existing
798 projects funded as of July 1, 2014, in the Department of
799 Transportation 5-year work program. This paragraph expires July
800 1, 2015.
801 (5) ADOPTION OF THE WORK PROGRAM.—
802 (a) The original approved budget for operational and fixed
803 capital expenditures for the department shall be the Governor’s
804 budget recommendation and the first year of the tentative work
805 program, as both are amended by the General Appropriations Act
806 and any other act containing appropriations. In accordance with
807 the appropriations act, the department shall, before the
808 beginning of the fiscal year, adopt a final work program that
809 includes which shall only include the original approved budget
810 for the department for the ensuing fiscal year, together with
811 any roll forwards approved pursuant to paragraph (6)(c), and the
812 portion of the tentative work program for the following 4 fiscal
813 years revised in accordance with the original approved budget
814 for the department for the ensuing fiscal year together with the
815 roll forwards. The adopted work program may include only those
816 projects submitted as part of the tentative work program
817 developed under the provisions of subsection (4), plus any
818 projects that which are separately identified by specific
819 appropriation in the General Appropriations Act and any roll
820 forwards approved pursuant to paragraph (6)(c). However, any
821 transportation project of the department which is identified by
822 specific appropriation in the General Appropriations Act shall
823 be deducted from the funds annually distributed to the
824 respective district pursuant to paragraph (4)(a). In addition,
825 the department may shall not in any year include any project or
826 allocate funds to a program in the adopted work program that is
827 contrary to existing law for that particular year. Projects may
828 shall not be undertaken unless they are listed in the adopted
829 work program.
830 (b) Notwithstanding paragraph (a), and for the 2014-2015
831 fiscal year only, the Department of Transportation may use
832 appropriated funds to support the establishment of a statewide
833 system of interconnected multiuse trails and to pay the costs of
834 planning, land acquisition, design, and construction of such
835 trails and related facilities. Funds specifically appropriated
836 for this purpose may not reduce, delete, or defer any existing
837 projects funded as of July 1, 2014, in the Department of
838 Transportation 5-year work program. This paragraph expires July
839 1, 2015.
840 Section 29. In order to implement Specific Appropriation
841 1913 of the 2014-2015 General Appropriations Act, subsections
842 (4) and (5) are added to section 335.065, Florida Statutes, to
843 read:
844 335.065 Bicycle and pedestrian ways along state roads and
845 transportation facilities.—
846 (4) The department may use appropriated funds to support
847 the establishment of a statewide system of interconnected
848 multiuse trails and to pay the costs of planning, land
849 acquisition, design, and construction of such trails and related
850 facilities. The department shall give funding priority to
851 projects that:
852 (a) Are identified by the Florida Greenways and Trails
853 Council as priorities within the Florida Greenways and Trails
854 System pursuant to chapter 260.
855 (b) Support the transportation needs of bicyclists and
856 pedestrians.
857 (c) Have national, statewide, or regional importance.
858 (d) Facilitate an interconnected system of trails by
859 completing gaps in existing trails.
860 (5) A project funded under subsection (4) shall:
861 (a) Be included in the department’s work program developed
862 pursuant to s. 339.135.
863 (b) Be operated and maintained by an entity other than the
864 department upon completion of construction. The department is
865 not obligated to provide funds for the operation and maintenance
866 of the project.
867
868 This subsection expires July 1, 2015.
869 Section 30. In order to implement Specific Appropriation
870 1913 of the 2014-2015 General Appropriations Act, and
871 notwithstanding s. 339.135(6)(c), Florida Statutes, the
872 unobligated funds appropriated for transportation and economic
873 development projects in Specific Appropriation 1891, Chapter
874 2013-40, Laws of Florida shall revert immediately. For the
875 purposes of this section, unobligated funds does not include
876 funding for projects for which grant agreements have been
877 executed for specific transportation economic development
878 projects.
879 Section 31. In order to implement the appropriation of
880 funds in the contracted services and expense categories of the
881 2014-2015 General Appropriations Act, no state agency may
882 initiate a competitive solicitation for a product or service if
883 the completion of such competitive solicitation would:
884 (1) Require a change in law; or
885 (2) Require a change to the agency’s budget other than a
886 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
887 unless the initiation of such competitive solicitation is
888 specifically authorized in law, in the General Appropriations
889 Act, or by the Legislative Budget Commission.
890
891 This section does not apply to a competitive solicitation for
892 which the agency head certifies that a valid emergency exists.
893 This section expires July 1, 2015.
894 Section 32. In order to implement the appropriation of
895 funds in the appropriation category “Special Categories-Risk
896 Management Insurance” in the 2014-2015 General Appropriations
897 Act, and pursuant to the notice, review, and objection
898 procedures of s. 216.177, Florida Statutes, the Executive Office
899 of the Governor may transfer funds appropriated in that category
900 between departments in order to align the budget authority
901 granted with the premiums paid by each department for risk
902 management insurance. This section expires July 1, 2015.
903 Section 33. In order to implement the appropriation of
904 funds in the appropriation category “Special Categories-Transfer
905 to Department of Management Services-Human Resources Services
906 Purchased per Statewide Contract” in the 2014-2015 General
907 Appropriations Act, and pursuant to the notice, review, and
908 objection procedures of s. 216.177, Florida Statutes, the
909 Executive Office of the Governor may transfer funds appropriated
910 in that category between departments in order to align the
911 budget authority granted with the assessments that must be paid
912 by each agency to the Department of Management Services for
913 human resource management services. This section expires July 1,
914 2015.
915 Section 34. In order to implement appropriations for
916 salaries and benefits in the 2014-2015 General Appropriations
917 Act, subsection (6) of section 112.24, Florida Statutes, is
918 amended to read:
919 112.24 Intergovernmental interchange of public employees.
920 To encourage economical and effective utilization of public
921 employees in this state, the temporary assignment of employees
922 among agencies of government, both state and local, and
923 including school districts and public institutions of higher
924 education is authorized under terms and conditions set forth in
925 this section. State agencies, municipalities, and political
926 subdivisions are authorized to enter into employee interchange
927 agreements with other state agencies, the Federal Government,
928 another state, a municipality, or a political subdivision
929 including a school district, or with a public institution of
930 higher education. State agencies are also authorized to enter
931 into employee interchange agreements with private institutions
932 of higher education and other nonprofit organizations under the
933 terms and conditions provided in this section. In addition, the
934 Governor or the Governor and Cabinet may enter into employee
935 interchange agreements with a state agency, the Federal
936 Government, another state, a municipality, or a political
937 subdivision including a school district, or with a public
938 institution of higher learning to fill, subject to the
939 requirements of chapter 20, appointive offices which are within
940 the executive branch of government and which are filled by
941 appointment by the Governor or the Governor and Cabinet. Under
942 no circumstances shall employee interchange agreements be
943 utilized for the purpose of assigning individuals to participate
944 in political campaigns. Duties and responsibilities of
945 interchange employees shall be limited to the mission and goals
946 of the agencies of government.
947 (6) For the 2014-2015 2013-2014 fiscal year only, the
948 assignment of an employee of a state agency as provided in this
949 section may be made if recommended by the Governor or Chief
950 Justice, as appropriate, and approved by the chairs of the
951 legislative appropriations committees. Such actions shall be
952 deemed approved if neither chair provides written notice of
953 objection within 14 days after receiving notice of the action
954 pursuant to s. 216.177. This subsection expires July 1, 2015
955 2014.
956 Section 35. In order to implement Specific Appropriations
957 2674 and 2675 of the 2014-2015 General Appropriations Act and
958 notwithstanding s. 11.13(1), Florida Statutes, the authorized
959 salaries for members of the Legislature for the 2014-2015 fiscal
960 year shall be set at the same level in effect on July 1, 2010.
961 This section expires July 1, 2015.
962 Section 36. In order to implement the transfer of funds to
963 the General Revenue Fund from trust funds in the 2014-2015
964 General Appropriations Act, paragraph (b) of subsection (2) of
965 section 215.32, Florida Statutes, is reenacted to read:
966 215.32 State funds; segregation.—
967 (2) The source and use of each of these funds shall be as
968 follows:
969 (b)1. The trust funds shall consist of moneys received by
970 the state which under law or under trust agreement are
971 segregated for a purpose authorized by law. The state agency or
972 branch of state government receiving or collecting such moneys
973 is responsible for their proper expenditure as provided by law.
974 Upon the request of the state agency or branch of state
975 government responsible for the administration of the trust fund,
976 the Chief Financial Officer may establish accounts within the
977 trust fund at a level considered necessary for proper
978 accountability. Once an account is established, the Chief
979 Financial Officer may authorize payment from that account only
980 upon determining that there is sufficient cash and releases at
981 the level of the account.
982 2. In addition to other trust funds created by law, to the
983 extent possible, each agency shall use the following trust funds
984 as described in this subparagraph for day-to-day operations:
985 a. Operations or operating trust fund, for use as a
986 depository for funds to be used for program operations funded by
987 program revenues, with the exception of administrative
988 activities when the operations or operating trust fund is a
989 proprietary fund.
990 b. Operations and maintenance trust fund, for use as a
991 depository for client services funded by third-party payors.
992 c. Administrative trust fund, for use as a depository for
993 funds to be used for management activities that are departmental
994 in nature and funded by indirect cost earnings and assessments
995 against trust funds. Proprietary funds are excluded from the
996 requirement of using an administrative trust fund.
997 d. Grants and donations trust fund, for use as a depository
998 for funds to be used for allowable grant or donor agreement
999 activities funded by restricted contractual revenue from private
1000 and public nonfederal sources.
1001 e. Agency working capital trust fund, for use as a
1002 depository for funds to be used pursuant to s. 216.272.
1003 f. Clearing funds trust fund, for use as a depository for
1004 funds to account for collections pending distribution to lawful
1005 recipients.
1006 g. Federal grant trust fund, for use as a depository for
1007 funds to be used for allowable grant activities funded by
1008 restricted program revenues from federal sources.
1009
1010 To the extent possible, each agency must adjust its internal
1011 accounting to use existing trust funds consistent with the
1012 requirements of this subparagraph. If an agency does not have
1013 trust funds listed in this subparagraph and cannot make such
1014 adjustment, the agency must recommend the creation of the
1015 necessary trust funds to the Legislature no later than the next
1016 scheduled review of the agency’s trust funds pursuant to s.
1017 215.3206.
1018 3. All such moneys are hereby appropriated to be expended
1019 in accordance with the law or trust agreement under which they
1020 were received, subject always to the provisions of chapter 216
1021 relating to the appropriation of funds and to the applicable
1022 laws relating to the deposit or expenditure of moneys in the
1023 State Treasury.
1024 4.a. Notwithstanding any provision of law restricting the
1025 use of trust funds to specific purposes, unappropriated cash
1026 balances from selected trust funds may be authorized by the
1027 Legislature for transfer to the Budget Stabilization Fund and
1028 General Revenue Fund in the General Appropriations Act.
1029 b. This subparagraph does not apply to trust funds required
1030 by federal programs or mandates; trust funds established for
1031 bond covenants, indentures, or resolutions whose revenues are
1032 legally pledged by the state or public body to meet debt service
1033 or other financial requirements of any debt obligations of the
1034 state or any public body; the Division of Licensing Trust Fund
1035 in the Department of Agriculture and Consumer Services; the
1036 State Transportation Trust Fund; the trust fund containing the
1037 net annual proceeds from the Florida Education Lotteries; the
1038 Florida Retirement System Trust Fund; trust funds under the
1039 management of the State Board of Education or the Board of
1040 Governors of the State University System, where such trust funds
1041 are for auxiliary enterprises, self-insurance, and contracts,
1042 grants, and donations, as those terms are defined by general
1043 law; trust funds that serve as clearing funds or accounts for
1044 the Chief Financial Officer or state agencies; trust funds that
1045 account for assets held by the state in a trustee capacity as an
1046 agent or fiduciary for individuals, private organizations, or
1047 other governmental units; and other trust funds authorized by
1048 the State Constitution.
1049 Section 37. The amendment to s. 215.32(2)(b), Florida
1050 Statutes, as carried forward by this act from chapter 2011-47,
1051 Laws of Florida, expires July 1, 2015, and the text of that
1052 paragraph shall revert to that in existence on June 30, 2011,
1053 except that any amendments to such text enacted other than by
1054 this act shall be preserved and continue to operate to the
1055 extent that such amendments are not dependent upon the portions
1056 of text which expire pursuant to this section.
1057 Section 38. In order to implement the issuance of new debt
1058 authorized in the 2014-2015 General Appropriations Act, and
1059 pursuant to s. 215.98, Florida Statutes, the Legislature
1060 determines that the authorization and issuance of debt for the
1061 2014-2014 fiscal year should be implemented, is in the best
1062 interest of the state, and is necessary to address a critical
1063 state emergency. This section expires July 1, 2015.
1064 Section 39. In order to implement appropriations in the
1065 2014-2016 General Appropriations Act for state employee travel,
1066 the funds appropriated to each state agency, which may be used
1067 for travel by state employees, shall be limited during the 2014
1068 2015 fiscal year to travel for activities that are critical to
1069 each state agency’s mission. Funds may not be used for travel by
1070 state employees to foreign countries, other states, conferences,
1071 staff-training activities, or other administrative functions
1072 unless the agency head has approved, in writing, that such
1073 activities are critical to the agency’s mission. The agency head
1074 shall consider using teleconferencing and other forms of
1075 electronic communication to meet the needs of the proposed
1076 activity before approving mission-critical travel. This section
1077 does not apply to travel for law enforcement purposes, military
1078 purposes, emergency management activities, or public health
1079 activities. This section expires July 1, 2015.
1080 Section 40. In order to implement appropriations authorized
1081 in the 2014-2015 General Appropriations Act for data center
1082 services scheduled for consolidation in the 2014-2015 fiscal
1083 year, and pursuant to the notice, review, and objection
1084 procedures of s. 216.177, Florida Statutes, the consolidating
1085 agencies may request the transfer of resources between Data
1086 Processing Services appropriation categories and the
1087 appropriation categories for operations based upon changes to
1088 the consolidation schedule. This section expires July 1, 2015.
1089 Section 41. In order to implement appropriations authorized
1090 in the 2014-2015 General Appropriations Act for each of the
1091 state’s designated primary data centers funded from the data
1092 processing appropriation category for computing services of user
1093 agencies, and pursuant to the notice, review, and objection
1094 procedures of s. 216.177, Florida Statutes, the Executive Office
1095 of the Governor may transfer funds appropriated for data
1096 processing in the 2014-2015 General Appropriations Act between
1097 agencies in order to align the budget authority granted with the
1098 utilization rate of each department. This section expires July
1099 1, 2015.
1100 Section 42. In order to implement appropriations authorized
1101 in the 2014-2015 General Appropriations Act for data center
1102 services, and notwithstanding s. 216.292(2)(a), Florida
1103 Statutes, except as authorized in sections 40 and 41 of this
1104 act, no agency may transfer funds from a data processing
1105 category to a category other than another data processing
1106 category. This section expires July 1, 2015.
1107 Section 43. In order to implement section 8 of the 2014
1108 2015 General Appropriations Act, paragraph (b) of subsection (2)
1109 of section 110.12315, Florida Statutes, is reenacted, and
1110 paragraph (a) of subsection (7) of that section is reenacted and
1111 amended, to read:
1112 110.12315 Prescription drug program.—The state employees’
1113 prescription drug program is established. This program shall be
1114 administered by the Department of Management Services, according
1115 to the terms and conditions of the plan as established by the
1116 relevant provisions of the annual General Appropriations Act and
1117 implementing legislation, subject to the following conditions:
1118 (2) In providing for reimbursement of pharmacies for
1119 prescription medicines dispensed to members of the state group
1120 health insurance plan and their dependents under the state
1121 employees’ prescription drug program:
1122 (b) There shall be a 30-day supply limit for prescription
1123 card purchases and 90-day supply limit for mail order or mail
1124 order prescription drug purchases. The Department of Management
1125 Services may implement a 90-day supply limit program for certain
1126 maintenance drugs as determined by the department at retail
1127 pharmacies participating in the program if the department
1128 determines it to be in the best financial interest of the state.
1129 (7) Under the state employees’ prescription drug program
1130 copayments must be made as follows:
1131 (a) Effective January 1, 2014 2013, for the State Group
1132 Health Insurance Standard Plan:
1133 1. For generic drug with card $7.
1134 2. For preferred brand name drug with card $30.
1135 3. For nonpreferred brand name drug with card $50.
1136 4. For generic mail order drug $14.
1137 5. For preferred brand name mail order drug $60.
1138 6. For nonpreferred brand name mail order drug $100.
1139 Section 44. (1) The amendment to s. 110.12315(2)(b),
1140 Florida Statutes, as carried forward by this act from chapter
1141 2013-41, Laws of Florida, expires July 1, 2015, and the text of
1142 that paragraph shall revert to that in existence on June 30,
1143 2012, except that any amendments to such text enacted other than
1144 by this act shall be preserved and continue to operate to the
1145 extent that such amendments are not dependent upon the portions
1146 of text which expire pursuant to this section.
1147 (2) The amendment to s. 110.12315(7)(a), Florida Statutes,
1148 as carried forward by this act from chapter 2013-41, Laws of
1149 Florida, expires July 1, 2015, and the text of that paragraph
1150 shall revert to that in existence on December 31, 2010, except
1151 that any amendments to such text enacted other than by this act
1152 shall be preserved and continue to operate to the extent that
1153 such amendments are not dependent upon the portions of text
1154 which expire pursuant to this section.
1155 Section 45. Any section of this act which implements a
1156 specific appropriation or specifically identified proviso
1157 language in the 2014-2015 General Appropriations Act is void if
1158 the specific appropriation or specifically identified proviso
1159 language is vetoed. Any section of this act which implements
1160 more than one specific appropriation or more than one portion of
1161 specifically identified proviso language in the 2014-2015
1162 General Appropriations Act is void if all the specific
1163 appropriations or portions of specifically identified proviso
1164 language are vetoed.
1165 Section 46. If any other act passed during the 2014 Regular
1166 Session contains a provision that is substantively the same as a
1167 provision in this act, but that removes or is otherwise not
1168 subject to the future repeal applied to such provision by this
1169 act, the Legislature intends that the provision in the other act
1170 takes precedence and continues to operate, notwithstanding the
1171 future repeal provided by this act.
1172 Section 47. If any provision of this act or its application
1173 to any person or circumstance is held invalid, the invalidity
1174 does not affect other provisions or applications of the act
1175 which can be given effect without the invalid provision or
1176 application, and to this end the provisions of this act are
1177 severable.
1178 Section 48. Except as otherwise expressly provided in this
1179 act and except for this section, which shall take effect upon
1180 this act becoming a law, this act shall take effect July 1,
1181 2014; or, if this act fails to become a law until after that
1182 date, it shall take effect upon becoming a law and operate
1183 retroactively to July 1, 2014.