Florida Senate - 2015 CONFERENCE COMMITTEE AMENDMENT
Bill No. SB 2502-A
Ì651318)Î651318
LEGISLATIVE ACTION
Senate . House
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Floor: AD/CR . Floor: C
06/19/2015 05:44 PM . 06/19/2015 06:41 PM
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The Conference Committee on SB 2502-A recommended the following:
1 Senate Conference Committee Amendment (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. It is the intent of the Legislature that the
7 implementing and administering provisions of this act apply to
8 the General Appropriations Act for the 2015-2016 fiscal year.
9 Section 2. In order to implement Specific Appropriations 7,
10 8, 9, 90, and 91 of the 2015-2016 General Appropriations Act,
11 the calculations of the Florida Education Finance Program for
12 the 2015-2016 fiscal year in the document titled “Public School
13 Funding: The Florida Education Finance Program,” dated June 16,
14 2015, and filed with the Secretary of the Senate, are
15 incorporated by reference for the purpose of displaying the
16 calculations used by the Legislature, consistent with the
17 requirements of state law, in making appropriations for the
18 Florida Education Finance Program. This section expires July 1,
19 2016.
20 Section 3. In order to implement Specific Appropriations 7
21 and 90 of the 2015-2016 General Appropriations Act and
22 notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
23 1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
24 expenditure of funds provided for instructional materials, for
25 the 2015-2016 fiscal year, funds provided for instructional
26 materials shall be released and expended as required in the
27 proviso language for Specific Appropriation 90 of the 2015-2016
28 General Appropriations Act. This section expires July 1, 2016.
29 Section 4. In order to implement Specific Appropriation 22
30 of the 2015-2016 General Appropriations Act and notwithstanding
31 s. 1013.64(2), Florida Statutes, any district school board that
32 generates less than $2 million in revenue from a 1-mill levy of
33 ad valorem tax shall contribute 0.75 mill for the 2015-2016
34 fiscal year toward the cost of funded special facilities
35 construction projects. This section expires July 1, 2016.
36 Section 5. In order to implement Specific Appropriation 105
37 of the 2015-2016 General Appropriations Act, paragraph (d) of
38 subsection (2), paragraph (a) of subsection (3), paragraph (a)
39 of subsection (4), subsection (5), paragraph (e) of subsection
40 (9), paragraph (a) of subsection (10), paragraphs (a), (d), and
41 (f) of subsection (12), and paragraphs (a), (b), (d), and (e) of
42 subsection (13) of section 1002.385, Florida Statutes, are
43 amended to read:
44 1002.385 Florida personal learning scholarship accounts.—
45 (2) DEFINITIONS.—As used in this section, the term:
46 (d) “Disability” means, for a 3- or 4-year-old child or for
47 a student in kindergarten to grade 12, autism spectrum disorder,
48 as defined in the Diagnostic and Statistical Manual of Mental
49 Disorders, Fifth Edition, published by the American Psychiatric
50 Association as defined in s. 393.063(3); cerebral palsy, as
51 defined in s. 393.063(4); Down syndrome, as defined in s.
52 393.063(13); an intellectual disability, as defined in s.
53 393.063(21); Prader-Willi syndrome, as defined in s.
54 393.063(25); or spina bifida, as defined in s. 393.063(36); for
55 a student in kindergarten, being a high-risk child, as defined
56 in s. 393.063(20)(a); muscular dystrophy; and Williams syndrome.
57 (3) PROGRAM ELIGIBILITY.—A parent of a student with a
58 disability may request and receive from the state a Florida
59 personal learning scholarship account for the purposes specified
60 in subsection (5) if:
61 (a) The student:
62 1. Is a resident of this state;
63 2. Is or will be 3 or 4 years old on or before September 1
64 of the year in which the student applies for program
65 participation, or is eligible to enroll in kindergarten through
66 grade 12 in a public school in this state;
67 3. Has a disability as defined in paragraph (2)(d); and
68 4. Is the subject of an IEP written in accordance with
69 rules of the State Board of Education or has received a
70 diagnosis of a disability as defined in subsection (2) from a
71 physician who is licensed under chapter 458 or chapter 459 or a
72 psychologist who is licensed in this state.
73 (4) PROGRAM PROHIBITIONS.—
74 (a) A student is not eligible for the program while he or
75 she is:
76 1. Enrolled in a public school, including, but not limited
77 to, the Florida School for the Deaf and the Blind; the Florida
78 Virtual School; the College-Preparatory Boarding Academy; a
79 developmental research school authorized under s. 1002.32; a
80 charter school authorized under s. 1002.33, s. 1002.331, or s.
81 1002.332; or a virtual education program authorized under s.
82 1002.45;
83 2. Enrolled in the Voluntary Prekindergarten Education
84 Program authorized under part V of this chapter;
85 3.2. Enrolled in a school operating for the purpose of
86 providing educational services to youth in the Department of
87 Juvenile Justice commitment programs;
88 4.3. Receiving a scholarship pursuant to the Florida Tax
89 Credit Scholarship Program under s. 1002.395 or the John M.
90 McKay Scholarships for Students with Disabilities Program under
91 s. 1002.39; or
92 5.4. Receiving any other educational scholarship pursuant
93 to this chapter.
94
95 For purposes of subparagraph 1., a 3- or 4-year-old child who
96 receives services that are funded through the Florida Education
97 Finance Program is considered to be a student enrolled in a
98 public school.
99 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
100 used to meet the individual educational needs of an eligible
101 student and may be spent for the following purposes:
102 (a) Instructional materials, including digital devices,
103 digital periphery devices, and assistive technology devices that
104 allow a student to access instruction or instructional content.
105 (b) Curriculum as defined in paragraph (2)(b).
106 (c) Specialized services by approved providers that are
107 selected by the parent. These specialized services may include,
108 but are not limited to:
109 1. Applied behavior analysis services as provided in ss.
110 627.6686 and 641.31098.
111 2. Services provided by speech-language pathologists as
112 defined in s. 468.1125.
113 3. Occupational therapy services as defined in s. 468.203.
114 4. Services provided by physical therapists as defined in
115 s. 486.021.
116 5. Services provided by listening and spoken language
117 specialists and an appropriate acoustical environment for a
118 child who is deaf or hard of hearing and who has received an
119 implant or assistive hearing device.
120 (d) Enrollment in, or tuition or fees associated with
121 enrollment in, an eligible private school, an eligible
122 postsecondary educational institution, a private tutoring
123 program authorized under s. 1002.43, a virtual program offered
124 by a department-approved private online provider that meets the
125 provider qualifications specified in s. 1002.45(2)(a), the
126 Florida Virtual School as a private paying student, or an
127 approved online course offered pursuant to s. 1003.499 or s.
128 1004.0961.
129 (e) Fees for nationally standardized, norm-referenced
130 achievement tests, Advanced Placement Examinations, industry
131 certification examinations, assessments related to postsecondary
132 education, or other assessments.
133 (f) Contributions to the Stanley G. Tate Florida Prepaid
134 College Program pursuant to s. 1009.98, for the benefit of the
135 eligible student.
136 (g) Contracted services provided by a public school or
137 school district, including classes. A student who receives
138 services under a contract under this paragraph is not considered
139 enrolled in a public school for eligibility purposes as
140 specified in subsection (4).
141 (h) Tuition and fees for part-time tutoring services
142 provided by a person who holds a valid Florida educator’s
143 certificate pursuant to s. 1012.56, a person who holds an
144 adjunct teaching certificate pursuant to s. 1012.57, or a person
145 who has demonstrated a mastery of subject area knowledge
146 pursuant to s. 1012.56(5). The term “part-time tutoring
147 services” as used in this paragraph does not meet the definition
148 of the term “regular school attendance” in s. 1003.01(13)(e).
149
150 A specialized service provider, eligible private school,
151 eligible postsecondary educational institution, private tutoring
152 program provider, online or virtual program provider, public
153 school, school district, or other entity receiving payments
154 pursuant to this subsection may not share, refund, or rebate any
155 moneys from the Florida Personal learning scholarship account
156 with the parent or participating student in any manner.
157 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
158 shall:
159 (e) Compare the list of students participating in the
160 program with the public school student enrollment lists and the
161 list of students participating in school choice scholarship
162 programs established pursuant to ss. 1002.38, 1002.39, and
163 1002.395, throughout the school year, before each program
164 payment to avoid duplicate payments and confirm program
165 eligibility.
166 (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
167 (a) The Commissioner of Education:
168 1. Shall deny, suspend, or revoke a student’s participation
169 in the program if the health, safety, or welfare of the student
170 is threatened or fraud is suspected.
171 2. Shall deny, suspend, or revoke an authorized use of
172 program funds if the health, safety, or welfare of the student
173 is threatened or fraud is suspected.
174 3. May deny, suspend, or revoke an authorized use of
175 program funds for material failure to comply with this section
176 and applicable department rules if the noncompliance is
177 correctable within a reasonable period of time. Otherwise, the
178 commissioner shall deny, suspend, or revoke an authorized use
179 for failure to materially comply with the law and rules adopted
180 under this section.
181 4. Shall require compliance by the appropriate party by a
182 date certain for all nonmaterial failures to comply with this
183 section and applicable department rules.
184 5. Notwithstanding other provisions of this section, the
185 commissioner may deny, suspend, or revoke program participation
186 or use of program funds by the student; or participation or
187 eligibility of an organization, eligible private school,
188 eligible postsecondary educational institution, approved
189 provider, or other appropriate party, for a violation of this
190 section. The commissioner may determine the length of, and
191 conditions for lifting, the suspension or revocation specified
192 in this paragraph. The length of suspension or revocation may
193 not exceed 5 years, except for instances of fraud, in which case
194 the length of suspension or revocation may not exceed 10 years.
195 The commissioner may employ mechanisms allowed by law to recover
196 unexpended program funds or withhold payment of an equal amount
197 of program funds to recover program funds that were not
198 authorized for use under this section thereafter.
199 (12) ADMINISTRATION OF PERSONAL LEARNING SCHOLARSHIP
200 ACCOUNTS.—An eligible nonprofit scholarship-funding organization
201 participating in the Florida Tax Credit Scholarship Program
202 established under s. 1002.395 may establish personal learning
203 scholarship accounts for eligible students by:
204 (a) Receiving applications and determining student
205 eligibility in accordance with the requirements of this section.
206 1. First priority shall be provided to eligible student
207 renewals from the 2014-2015 school year. For initial program
208 participation, preference must first be provided to students
209 retained on a wait list created by the organization in the order
210 that completed applications are approved. The organization shall
211 notify the department of the applicants for the program by March
212 1 before the school year in which the student intends to
213 participate.
214 2. When an application is received, the scholarship-funding
215 scholarship funding organization must provide the department
216 with information provided by the parent on the student to enable
217 the department to report the student for funding in accordance
218 with subsection (13). Such information must include, as a final
219 condition of eligibility, one of the following verifiable
220 documents:
221 a. A filed public school withdrawal form;
222 b. A letter of admission or enrollment in an eligible
223 private school;
224 c. Documentation consisting of a notice to establish and
225 maintain a home education program or a copy of the student’s
226 annual educational evaluation pursuant to s. 1002.41; or
227 d. A formal notification from a private school that has
228 withdrawn the student from a program identified in s. 1002.38,
229 s. 1002.39, or s. 1002.395.
230 (d) Establishing a date and process by which students on
231 the wait list or late-filing applicants may be allowed to
232 participate in the program during the school year, within the
233 amount of funds provided for this program in the General
234 Appropriations Act. The process must allow timely filed,
235 completed applications to take precedence before late-filed,
236 completed applications for purposes of creating a wait list for
237 participation in the program.
238 (f) Verifying qualifying expenditures pursuant to the
239 requirements of subsection (5) paragraph (8)(b).
240 (13) FUNDING AND PAYMENT.—
241 (a)1. The maximum funding amount granted for an eligible
242 student with a disability, pursuant to this section subsection
243 (3), shall be equivalent to the base student allocation in the
244 Florida Education Finance Program multiplied by the appropriate
245 cost factor for the educational program which would have been
246 provided for the student in the district school to which he or
247 she would have been assigned, multiplied by the district cost
248 differential.
249 2. In addition, an amount equivalent to a share of the
250 guaranteed allocation for exceptional students in the Florida
251 Education Finance Program shall be determined and added to the
252 amount in subparagraph 1. The calculation shall be based on the
253 methodology and the data used to calculate the guaranteed
254 allocation for exceptional students for each district in chapter
255 2000-166, Laws of Florida. Except as provided in subparagraph
256 3., the calculation shall be based on the student’s grade, the
257 matrix level of services, and the difference between the 2000
258 2001 basic program and the appropriate level of services cost
259 factor, multiplied by the 2000-2001 base student allocation and
260 the 2000-2001 district cost differential for the sending
261 district. The calculated amount must also include an amount
262 equivalent to the per-student share of supplemental academic
263 instruction funds, instructional materials funds, technology
264 funds, and other categorical funds as provided in the General
265 Appropriations Act.
266 3. Except as otherwise provided, the calculation for all
267 students participating in the program shall be based on the
268 matrix that assigns the student to support Level III of
269 services. If a parent chooses to request and receive a matrix of
270 services from the school district, when the school district
271 completes the matrix, the amount of the payment shall be
272 adjusted as needed.
273 (b) The amount of the awarded funds shall be 90 percent of
274 the calculated amount. One hundred percent of the funds
275 appropriated for the program shall be released to the department
276 at the beginning of the first quarter of each fiscal year.
277 Program funds include both the awarded funds and the accrued
278 interest. Once student eligibility has been confirmed by the
279 scholarship funding organization and communicated to the
280 department, notwithstanding paragraph (9)(e), the department
281 shall make payment of the awarded funds in full to the
282 scholarship-funding organization for deposit into the student’s
283 account.
284 (d) The eligible nonprofit scholarship-funding organization
285 shall develop a system for payment of benefits by electronic
286 funds transfer, including, but not limited to, debit cards,
287 electronic payment cards, or any other means of electronic
288 payment that the department deems to be commercially viable or
289 cost-effective. Commodities or services related to the
290 development of such a system shall be procured by competitive
291 solicitation unless they are purchased from a state term
292 contract pursuant to s. 287.056.
293 (e) Moneys received pursuant to this section do not
294 constitute taxable income to the student or parent of the
295 qualified student.
296 Section 6. In order to implement Specific Appropriation 105
297 of the 2015-2016 General Appropriations Act, paragraphs (a) and
298 (b) of subsection (16) of section 1002.395, Florida Statutes,
299 are amended to read:
300 1002.395 Florida Tax Credit Scholarship Program.—
301 (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
302 APPLICATION.—In order to participate in the scholarship program
303 created under this section, a charitable organization that seeks
304 to be a nonprofit scholarship-funding organization must submit
305 an application for initial approval or renewal to the Office of
306 Independent Education and Parental Choice no later than
307 September 1 of each year before the school year for which the
308 organization intends to offer scholarships.
309 (a) An application for initial approval must include:
310 1. A copy of the organization’s incorporation documents and
311 registration with the Division of Corporations of the Department
312 of State.
313 2. A copy of the organization’s Internal Revenue Service
314 determination letter as a s. 501(c)(3) not-for-profit
315 organization.
316 3. A description of the organization’s financial plan that
317 demonstrates sufficient funds to operate throughout the school
318 year.
319 4. A description of the geographic region that the
320 organization intends to serve and an analysis of the demand and
321 unmet need for eligible students in that area.
322 5. The organization’s organizational chart.
323 6. A description of the criteria and methodology that the
324 organization will use to evaluate scholarship eligibility.
325 7. A description of the application process, including
326 deadlines and any associated fees.
327 8. A description of the deadlines for attendance
328 verification and scholarship payments.
329 9. A copy of the organization’s policies on conflict of
330 interest and whistleblowers.
331 10. A copy of a surety bond or letter of credit in an
332 amount equal to 25 percent of the scholarship funds anticipated
333 for each school year or $100,000, whichever is greater,
334 specifying that any claim against the bond or letter of credit
335 may be made only by an eligible nonprofit scholarship-funding
336 organization to provide scholarships to and on behalf of
337 students who would have had scholarships funded but for the
338 diversion of funds giving rise to the claim against the bond or
339 letter of credit.
340 (b) In addition to the information required by
341 subparagraphs (a)1.-9., an application for renewal must include:
342 1. A surety bond or letter of credit equal to the amount of
343 undisbursed donations held by the organization based on the
344 annual report submitted pursuant to paragraph (6)(m). The amount
345 of the surety bond or letter of credit must be at least
346 $100,000, but not more than $25 million, specifying that any
347 claim against the bond or letter of credit may be made only by
348 an eligible nonprofit scholarship-funding organization to
349 provide scholarships to and on behalf of students who would have
350 had scholarships funded but for the diversion of funds giving
351 rise to the claim against the bond or letter of credit.
352 2. The organization’s completed Internal Revenue Service
353 Form 990 submitted no later than November 30 of the year before
354 the school year that the organization intends to offer the
355 scholarships, notwithstanding the September 1 application
356 deadline.
357 3. A copy of the statutorily required audit to the
358 Department of Education and Auditor General.
359 4. An annual report that includes:
360 a. The number of students who completed applications, by
361 county and by grade.
362 b. The number of students who were approved for
363 scholarships, by county and by grade.
364 c. The number of students who received funding for
365 scholarships within each funding category, by county and by
366 grade.
367 d. The amount of funds received, the amount of funds
368 distributed in scholarships, and an accounting of remaining
369 funds and the obligation of those funds.
370 e. A detailed accounting of how the organization spent the
371 administrative funds allowable under paragraph (6)(j).
372 Section 7. In order to implement Specific Appropriations 7
373 and 90 of the 2015-2016 General Appropriations Act, paragraph
374 (f) of subsection (1), paragraphs (a) and (e) of subsection (4),
375 paragraph (b) of subsection (7), paragraph (a) of subsection
376 (9), paragraphs (b) and (c) of subsection (12), and present
377 subsection (13) of section 1011.62, Florida Statutes, are
378 amended, paragraph (g) is added to subsection (12) of that
379 section, present subsections (13), (14), and (15) of that
380 section are redesignated as subsections (14), (15), and (16),
381 respectively, and a new subsection (13) is added to that
382 section, to read:
383 1011.62 Funds for operation of schools.—If the annual
384 allocation from the Florida Education Finance Program to each
385 district for operation of schools is not determined in the
386 annual appropriations act or the substantive bill implementing
387 the annual appropriations act, it shall be determined as
388 follows:
389 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
390 OPERATION.—The following procedure shall be followed in
391 determining the annual allocation to each district for
392 operation:
393 (f) Supplemental academic instruction; categorical fund.—
394 1. There is created a categorical fund to provide
395 supplemental academic instruction to students in kindergarten
396 through grade 12. This paragraph may be cited as the
397 “Supplemental Academic Instruction Categorical Fund.”
398 2. Categorical funds for supplemental academic instruction
399 shall be allocated annually to each school district in the
400 amount provided in the General Appropriations Act. These funds
401 shall be in addition to the funds appropriated on the basis of
402 FTE student membership in the Florida Education Finance Program
403 and shall be included in the total potential funds of each
404 district. These funds shall be used to provide supplemental
405 academic instruction to students enrolled in the K-12 program.
406 For the 2015-2016 2014-2015 fiscal year, each school district
407 that has one or more of the 300 lowest-performing elementary
408 schools based on the state reading assessment shall use these
409 funds, together with the funds provided in the district’s
410 research-based reading instruction allocation and other
411 available funds, to provide an additional hour of instruction
412 beyond the normal school day for each day of the entire school
413 year for intensive reading instruction for the students in each
414 of these schools. This additional hour of instruction must be
415 provided by teachers or reading specialists who are effective in
416 teaching reading or by a K-5 mentoring reading program that is
417 supervised by a teacher who is effective at teaching reading.
418 Students enrolled in these schools who have Level 5 assessment
419 scores may participate in the additional hour of instruction on
420 an optional basis. Exceptional student education centers may
421 shall not be included in the 300 schools. For the 2015-2016
422 fiscal year, the 300 lowest-performing schools shall be the same
423 schools as identified for the 2014-2015 fiscal year. After this
424 requirement has been met, supplemental instruction strategies
425 may include, but are not limited to: modified curriculum,
426 reading instruction, after-school instruction, tutoring,
427 mentoring, class size reduction, extended school year, intensive
428 skills development in summer school, and other methods for
429 improving student achievement. Supplemental instruction may be
430 provided to a student in any manner and at any time during or
431 beyond the regular 180-day term identified by the school as
432 being the most effective and efficient way to best help that
433 student progress from grade to grade and to graduate.
434 3. Effective with the 1999-2000 fiscal year, funding on the
435 basis of FTE membership beyond the 180-day regular term shall be
436 provided in the FEFP only for students enrolled in juvenile
437 justice education programs or in education programs for
438 juveniles placed in secure facilities or programs under s.
439 985.19. Funding for instruction beyond the regular 180-day
440 school year for all other K-12 students shall be provided
441 through the supplemental academic instruction categorical fund
442 and other state, federal, and local fund sources with ample
443 flexibility for schools to provide supplemental instruction to
444 assist students in progressing from grade to grade and
445 graduating.
446 4. The Florida State University School, as a lab school, is
447 authorized to expend from its FEFP or Lottery Enhancement Trust
448 Fund allocation the cost to the student of remediation in
449 reading, writing, or mathematics for any graduate who requires
450 remediation at a postsecondary educational institution.
451 5. Beginning in the 1999-2000 school year, dropout
452 prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
453 (b), and (c), and 1003.54 shall be included in group 1 programs
454 under subparagraph (d)3.
455 (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
456 Legislature shall prescribe the aggregate required local effort
457 for all school districts collectively as an item in the General
458 Appropriations Act for each fiscal year. The amount that each
459 district shall provide annually toward the cost of the Florida
460 Education Finance Program for kindergarten through grade 12
461 programs shall be calculated as follows:
462 (a) Estimated taxable value calculations.—
463 1.a. Not later than 2 working days prior to July 19, the
464 Department of Revenue shall certify to the Commissioner of
465 Education its most recent estimate of the taxable value for
466 school purposes in each school district and the total for all
467 school districts in the state for the current calendar year
468 based on the latest available data obtained from the local
469 property appraisers. The value certified shall be the taxable
470 value for school purposes for that year, and no further
471 adjustments shall be made, except those made pursuant to
472 paragraphs (c) and (d), or an assessment roll change required by
473 final judicial decisions as specified in paragraph (15)(b)
474 (14)(b). Not later than July 19, the Commissioner of Education
475 shall compute a millage rate, rounded to the next highest one
476 one-thousandth of a mill, which, when applied to 96 percent of
477 the estimated state total taxable value for school purposes,
478 would generate the prescribed aggregate required local effort
479 for that year for all districts. The Commissioner of Education
480 shall certify to each district school board the millage rate,
481 computed as prescribed in this subparagraph, as the minimum
482 millage rate necessary to provide the district required local
483 effort for that year.
484 b. The General Appropriations Act shall direct the
485 computation of the statewide adjusted aggregate amount for
486 required local effort for all school districts collectively from
487 ad valorem taxes to ensure that no school district’s revenue
488 from required local effort millage will produce more than 90
489 percent of the district’s total Florida Education Finance
490 Program calculation as calculated and adopted by the
491 Legislature, and the adjustment of the required local effort
492 millage rate of each district that produces more than 90 percent
493 of its total Florida Education Finance Program entitlement to a
494 level that will produce only 90 percent of its total Florida
495 Education Finance Program entitlement in the July calculation.
496 2. On the same date as the certification in sub
497 subparagraph 1.a., the Department of Revenue shall certify to
498 the Commissioner of Education for each district:
499 a. Each year for which the property appraiser has certified
500 the taxable value pursuant to s. 193.122(2) or (3), if
501 applicable, since the prior certification under sub-subparagraph
502 1.a.
503 b. For each year identified in sub-subparagraph a., the
504 taxable value certified by the appraiser pursuant to s.
505 193.122(2) or (3), if applicable, since the prior certification
506 under sub-subparagraph 1.a. This is the certification that
507 reflects all final administrative actions of the value
508 adjustment board.
509 (e) Prior period funding adjustment millage.—
510 1. There shall be an additional millage to be known as the
511 Prior Period Funding Adjustment Millage levied by a school
512 district if the prior period unrealized required local effort
513 funds are greater than zero. The Commissioner of Education shall
514 calculate the amount of the prior period unrealized required
515 local effort funds as specified in subparagraph 2. and the
516 millage required to generate that amount as specified in this
517 subparagraph. The Prior Period Funding Adjustment Millage shall
518 be the quotient of the prior period unrealized required local
519 effort funds divided by the current year taxable value certified
520 to the Commissioner of Education pursuant to sub-subparagraph
521 (a)1.a. This levy shall be in addition to the required local
522 effort millage certified pursuant to this subsection. Such
523 millage shall not affect the calculation of the current year’s
524 required local effort, and the funds generated by such levy
525 shall not be included in the district’s Florida Education
526 Finance Program allocation for that fiscal year. For purposes of
527 the millage to be included on the Notice of Proposed Taxes, the
528 Commissioner of Education shall adjust the required local effort
529 millage computed pursuant to paragraph (a) as adjusted by
530 paragraph (b) for the current year for any district that levies
531 a Prior Period Funding Adjustment Millage to include all Prior
532 Period Funding Adjustment Millage. For the purpose of this
533 paragraph, there shall be a Prior Period Funding Adjustment
534 Millage levied for each year certified by the Department of
535 Revenue pursuant to sub-subparagraph (a)2.a. since the previous
536 year certification and for which the calculation in sub
537 subparagraph 2.b. is greater than zero.
538 2.a. As used in this subparagraph, the term:
539 (I) “Prior year” means a year certified under sub
540 subparagraph (a)2.a.
541 (II) “Preliminary taxable value” means:
542 (A) If the prior year is the 2009-2010 fiscal year or
543 later, the taxable value certified to the Commissioner of
544 Education pursuant to sub-subparagraph (a)1.a.
545 (B) If the prior year is the 2008-2009 fiscal year or
546 earlier, the taxable value certified pursuant to the final
547 calculation as specified in former paragraph (b) as that
548 paragraph existed in the prior year.
549 (III) “Final taxable value” means the district’s taxable
550 value as certified by the property appraiser pursuant to s.
551 193.122(2) or (3), if applicable. This is the certification that
552 reflects all final administrative actions of the value
553 adjustment board.
554 b. For purposes of this subsection and with respect to each
555 year certified pursuant to sub-subparagraph (a)2.a., if the
556 district’s prior year preliminary taxable value is greater than
557 the district’s prior year final taxable value, the prior period
558 unrealized required local effort funds are the difference
559 between the district’s prior year preliminary taxable value and
560 the district’s prior year final taxable value, multiplied by the
561 prior year district required local effort millage. If the
562 district’s prior year preliminary taxable value is less than the
563 district’s prior year final taxable value, the prior period
564 unrealized required local effort funds are zero.
565 c. For the 2015-2016 2014-2015 fiscal year only, if a
566 district’s prior period unrealized required local effort funds
567 and prior period district required local effort millage cannot
568 be determined because such district’s final taxable value has
569 not yet been certified pursuant to s. 193.122(2) or (3), for the
570 2015 2014 tax levy, the Prior Period Funding Adjustment Millage
571 for such fiscal year shall be levied, if not previously levied,
572 in 2015 2014 in an amount equal to 75 percent of such district’s
573 most recent unrealized required local effort for which a Prior
574 Period Funding Adjustment Millage was determined as provided in
575 this section. Upon certification of the final taxable value for
576 the 2012, 2013, or 2014 tax rolls roll in accordance with s.
577 193.122(2) or (3), the Prior Period Funding Adjustment Millage
578 levied in 2015 and 2016 shall be adjusted to include any
579 shortfall or surplus in the prior period unrealized required
580 local effort funds that would have been levied in 2014 or 2015,
581 had the district’s final taxable value been certified pursuant
582 to s. 193.122(2) or (3) for the 2014 or 2015 tax levy. If this
583 adjustment is made for a surplus, the reduction in prior period
584 millage may not exceed the prior period funding adjustment
585 millage calculated pursuant to subparagraph 1. and sub
586 subparagraphs a. and b. and any additional reduction shall be
587 carried forward to the subsequent fiscal year This provision
588 shall be implemented by a district only if the millage
589 calculated pursuant to this paragraph when added to the millage
590 levied by the district for all purposes for the 2014-2015 fiscal
591 year is less than or equal to the total millage levied for the
592 2013-2014 fiscal year. This sub-subparagraph expires July 1,
593 2015.
594 (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
595 (b) The district sparsity index shall be computed by
596 dividing the total number of full-time equivalent students in
597 all programs in the district by the number of senior high school
598 centers in the district, not in excess of three, which centers
599 are approved as permanent centers by a survey made by the
600 Department of Education. For districts with a full-time
601 equivalent student membership of at least 20,000, but no more
602 than 24,000, the index shall be computed by dividing the total
603 number of full-time equivalent students in all programs by the
604 number of permanent senior high school centers in the district,
605 not to exceed four.
606 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
607 (a) The research-based reading instruction allocation is
608 created to provide comprehensive reading instruction to students
609 in kindergarten through grade 12. For the 2015-2016 2014-2015
610 fiscal year, in each school district that has one or more of the
611 300 lowest-performing elementary schools based on the state
612 reading assessment, priority shall be given to providing an
613 additional hour per day of intensive reading instruction beyond
614 the normal school day for each day of the entire school year for
615 the students in each school. For the 2015-2016 fiscal year, the
616 300 lowest-performing schools shall be the same schools as
617 identified for the 2014-2015 fiscal year. Students enrolled in
618 these schools who have Level 5 assessment scores may participate
619 in the additional hour of instruction on an optional basis.
620 Exceptional student education centers may shall not be included
621 in the 300 schools. The intensive reading instruction delivered
622 in this additional hour and for other students shall include:
623 research-based reading instruction that has been proven to
624 accelerate progress of students exhibiting a reading deficiency;
625 differentiated instruction based on student assessment data to
626 meet students’ specific reading needs; explicit and systematic
627 reading development in phonemic awareness, phonics, fluency,
628 vocabulary, and comprehension, with more extensive opportunities
629 for guided practice, error correction, and feedback; and the
630 integration of social studies, science, and mathematics-text
631 reading, text discussion, and writing in response to reading.
632 For the 2012-2013 and 2013-2014 fiscal years, a school district
633 may not hire more reading coaches than were hired during the
634 2011-2012 fiscal year unless all students in kindergarten
635 through grade 5 who demonstrate a reading deficiency, as
636 determined by district and state assessments, including students
637 scoring Level 1 or Level 2 on the statewide, standardized
638 reading assessment or, upon implementation, the English Language
639 Arts assessment, are provided an additional hour per day of
640 intensive reading instruction beyond the normal school day for
641 each day of the entire school year.
642 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
643 (b) Each district school board shall adopt a district
644 digital classrooms plan that meets the unique needs of students,
645 schools, and personnel and submit the plan for approval to the
646 Department of Education. In addition, each district school board
647 must, at a minimum, seek input from the district’s
648 instructional, curriculum, and information technology staff to
649 develop the district digital classrooms plan. The district’s
650 plan must be within the general parameters established in the
651 Florida digital classrooms plan pursuant to s. 1001.20. In
652 addition, if the district participates in federal technology
653 initiatives and grant programs, the district digital classrooms
654 plan must include a plan for meeting requirements of such
655 initiatives and grant programs. Funds allocated under this
656 subsection must be used to support implementation of district
657 digital classrooms plans. By October 1, 2015 2014, for the 2015
658 2016 fiscal year, and by October March 1 of each year
659 thereafter, on a date determined by the department, each
660 district school board shall submit to the department, in a
661 format prescribed by the department, a digital classrooms plan.
662 At a minimum, such plan must include, and be annually updated to
663 reflect, the following:
664 1. Measurable student performance outcomes. Outcomes
665 related to student performance, including outcomes for students
666 with disabilities, must be tied to the efforts and strategies to
667 improve outcomes related to student performance by integrating
668 technology in classroom teaching and learning. Results of the
669 outcomes shall be reported at least annually for the current
670 school year and subsequent 3 years and be accompanied by an
671 independent evaluation and validation of the reported results.
672 2. Digital learning and technology infrastructure purchases
673 and operational activities. Such purchases and activities must
674 be tied to the measurable outcomes under subparagraph 1.,
675 including, but not limited to, connectivity, broadband access,
676 wireless capacity, Internet speed, and data security, all of
677 which must meet or exceed minimum requirements and protocols
678 established by the department. For each year that the district
679 uses funds for infrastructure, a third-party, independent
680 evaluation of the district’s technology inventory and
681 infrastructure needs must accompany the district’s plan.
682 3. Professional development purchases and operational
683 activities. Such purchases and activities must be tied to the
684 measurable outcomes under subparagraph 1., including, but not
685 limited to, using technology in the classroom and improving
686 digital literacy and competency.
687 4. Digital tool purchases and operational activities. Such
688 purchases and activities must be tied to the measurable outcomes
689 under subparagraph 1., including, but not limited to,
690 competency-based credentials that measure and demonstrate
691 digital competency and certifications; third-party assessments
692 that demonstrate acquired knowledge and use of digital
693 applications; and devices that meet or exceed minimum
694 requirements and protocols established by the department.
695 5. Online assessment-related purchases and operational
696 activities. Such purchases and activities must be tied to the
697 measurable outcomes under subparagraph 1., including, but not
698 limited to, expanding the capacity to administer assessments and
699 compatibility with minimum assessment protocols and requirements
700 established by the department.
701 (c) The Legislature shall annually provide in the General
702 Appropriations Act the FEFP allocation for implementation of the
703 Florida digital classrooms plan to be calculated in an amount up
704 to 1 percent of the base student allocation multiplied by the
705 total K-12 full-time equivalent student enrollment included in
706 the FEFP calculations for the legislative appropriation or as
707 provided in the General Appropriations Act. Each school district
708 shall be provided a minimum of $250,000, with the remaining
709 balance of the allocation to be distributed based on each
710 district’s proportion of the total K-12 full-time equivalent
711 student enrollment. Distribution of 2015-2016 funds for the
712 Florida digital classrooms allocation shall begin following
713 submittal of each district’s digital classrooms plan, which must
714 include formal verification of the superintendent’s receipt
715 approval of the digital classrooms plan of each charter school
716 in the district using a streamlined format prescribed by the
717 department, and approval of the plan by the department. Prior to
718 the distribution of the 2015-2016 Florida digital classrooms
719 allocation funds, the department shall confirm that each
720 district school superintendent has certified shall certify to
721 the Commissioner of Education that the district school board has
722 approved a comprehensive district digital classrooms plan that
723 supports the fidelity of implementation of the Florida digital
724 classrooms allocation; the district has participated in the
725 digital readiness gap analysis assessment conducted pursuant to
726 paragraph (g); and the district’s digital classrooms plan
727 reflects the district’s commitment to prioritizing the use of
728 2015-2016 funds to address gaps identified through the digital
729 readiness gap analysis assessment. District allocations shall be
730 recalculated during the fiscal year consistent with the periodic
731 recalculation of the FEFP. School districts shall provide a
732 proportionate share of the digital classrooms allocation to each
733 charter school in the district, as required for categorical
734 programs in s. 1002.33(17)(b). A school district may use a
735 competitive process to distribute funds for the Florida digital
736 classrooms allocation to the schools within the school district.
737 (g) For the 2015-2016 fiscal year, notwithstanding
738 paragraph (e), the department, in consultation with the Agency
739 for State Technology, shall contract by September 1, 2015, with
740 an independent third-party entity to conduct an assessment of
741 the digital readiness of each school district and public school
742 for the purpose of implementing the distribution of the 2015
743 2016 Florida digital classrooms allocation funds. The contract
744 must require the contracted entity to:
745 1. Collaborate with the department and the Agency for State
746 Technology to review and recommend improvements to the state’s
747 5-year digital classrooms strategic plan developed pursuant to
748 s. 1001.20(4) and establish minimum information technology
749 architecture standards upon which the digital readiness of
750 school districts and public schools will be assessed as a basis
751 to implement digital classrooms. The standards must include, but
752 are not limited to requirements for devices, security, network
753 and wireless connectivity, and browsers. The contracted entity
754 must consider, at minimum, technology requirements associated
755 with implementation of ss. 1006.29(4) and 1008.22(3).
756 2. Conduct digital readiness gap analysis assessments that
757 evaluate the current status of digital readiness, and identify
758 gaps in the digital readiness, of school districts and schools
759 in meeting the minimum information technology architecture
760 standards established pursuant to subparagraph 1.
761 3. Report to the Governor, the President of the Senate, and
762 the Speaker of the House of Representatives on the status and
763 results of digital readiness gap analysis assessments of school
764 districts and schools conducted pursuant to subparagraph 2.
765 following the timelines specified in this subparagraph. Each
766 report must include, at a minimum, a summary of each district’s
767 and school’s gaps and the status of compliance with current
768 minimum standards and the minimum information technology
769 architecture standards established pursuant to subparagraph 1.
770 The contracted entity shall report:
771 a. By December 1, 2015, on the status of a representative
772 sample of school districts and schools.
773 b. By February 1, 2016, on the status of digital readiness
774 assessment activities, including a report on districts and
775 schools assessed by that date. The report must also include a
776 summary of activities provided by the department to facilitate
777 school district and school implementation of digital classrooms
778 plans.
779 c. By May 1, 2016, on the contracted entity’s completed
780 assessment of all school districts for the purposes of providing
781 districts with the information necessary to receive digital
782 classrooms allocation funds pursuant to paragraph (c). The
783 report must, at a minimum, provide a statewide summary of
784 findings; identify existing funding options to address gaps,
785 including e-rate options; and provide recommendations for
786 improving cost efficiencies.
787 (13) FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
788 connected student supplement is created to provide supplemental
789 funding for school districts to support the education of
790 students connected with federally owned military installations,
791 National Aeronautics and Space Administration (NASA) property,
792 and Indian lands. To be eligible for this supplement, the
793 district must be eligible for federal Impact Aid Program funds
794 under s. 8003 of Title VIII of the Elementary and Secondary
795 Education Act of 1965. The supplement shall be allocated
796 annually to each eligible school district in the amount provided
797 in the General Appropriations Act. The supplement shall be the
798 sum of the student allocation and an exempt property allocation.
799 (a) The student allocation shall be calculated based on the
800 number of students reported for federal Impact Aid Program
801 funds, including students with disabilities, who meet one of the
802 following criteria:
803 1. Resides with a parent who is on active duty in the
804 uniformed services or is an accredited foreign government
805 official and military officer. Students with disabilities shall
806 also be reported separately for this condition.
807 2. Resides on eligible federally owned Indian lands.
808 Students with disabilities shall also be reported separately for
809 this condition.
810 3. Resides with a civilian parent who lives or works on
811 eligible federal property connected with a military installation
812 or NASA. The number of these students shall be multiplied by a
813 factor of 0.5.
814 (b) The total number of federally connected students
815 calculated under paragraph (a) shall be multiplied by a
816 percentage of the base student allocation as provided in the
817 General Appropriations Act. The total of the number of students
818 with disabilities as reported separately under subparagraphs
819 (a)1. and (a)2. shall be multiplied by an additional percentage
820 of the base student allocation as provided in the General
821 Appropriations Act. The base amount and the amount for students
822 with disabilities shall be summed to provide the student
823 allocation.
824 (c) The exempt property allocation shall be equal to the
825 tax-exempt value of federal impact aid lands reserved as
826 military installations, real property owned by NASA, or eligible
827 federally owned Indian lands located in the district, as of
828 January 1 of the previous year, multiplied by the millage
829 authorized and levied under s. 1011.71(2).
830 (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
831 annually in the General Appropriations Act determine a
832 percentage increase in funds per K-12 unweighted FTE as a
833 minimum guarantee to each school district. The guarantee shall
834 be calculated from prior year base funding per unweighted FTE
835 student which shall include the adjusted FTE dollars as provided
836 in subsection (15) (14), quality guarantee funds, and actual
837 nonvoted discretionary local effort from taxes. From the base
838 funding per unweighted FTE, the increase shall be calculated for
839 the current year. The current year funds from which the
840 guarantee shall be determined shall include the adjusted FTE
841 dollars as provided in subsection (15) (14) and potential
842 nonvoted discretionary local effort from taxes. A comparison of
843 current year funds per unweighted FTE to prior year funds per
844 unweighted FTE shall be computed. For those school districts
845 which have less than the legislatively assigned percentage
846 increase, funds shall be provided to guarantee the assigned
847 percentage increase in funds per unweighted FTE student. Should
848 appropriated funds be less than the sum of this calculated
849 amount for all districts, the commissioner shall prorate each
850 district’s allocation. This provision shall be implemented to
851 the extent specifically funded.
852 Section 8. In order to implement Specific Appropriations 7
853 and 90 of the 2015-2016 General Appropriations Act, subsection
854 (1) of section 1011.71, Florida Statutes, is amended to read:
855 1011.71 District school tax.—
856 (1) If the district school tax is not provided in the
857 General Appropriations Act or the substantive bill implementing
858 the General Appropriations Act, each district school board
859 desiring to participate in the state allocation of funds for
860 current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
861 shall levy on the taxable value for school purposes of the
862 district, exclusive of millage voted under the provisions of s.
863 9(b) or s. 12, Art. VII of the State Constitution, a millage
864 rate not to exceed the amount certified by the commissioner as
865 the minimum millage rate necessary to provide the district
866 required local effort for the current year, pursuant to s.
867 1011.62(4)(a)1. In addition to the required local effort millage
868 levy, each district school board may levy a nonvoted current
869 operating discretionary millage. The Legislature shall prescribe
870 annually in the appropriations act the maximum amount of millage
871 a district may levy.
872 Section 9. The amendments made by this act to ss. 1002.385,
873 1002.395, 1011.62, and 1011.71, Florida Statutes, expire July 1,
874 2016, and the text of those sections shall revert to that in
875 existence on June 30, 2015, except that any amendments to such
876 text enacted other than by this act shall be preserved and
877 continue to operate to the extent that such amendments are not
878 dependent upon the portions of text which expire pursuant to
879 this section.
880 Section 10. In order to implement Specific Appropriation
881 99B of the 2015-2016 General Appropriations Act, subsection (3)
882 is added to section 1012.75, Florida Statutes, to read:
883 1012.75 Liability of teacher or principal; excessive
884 force.—
885 (3) The Department of Education shall administer an
886 educator liability insurance program, as provided in the General
887 Appropriations Act, to protect full-time instructional personnel
888 from liability for monetary damages and the costs of defending
889 actions resulting from claims made against the instructional
890 personnel arising out of occurrences in the course of activities
891 within the instructional personnel’s professional capacity. For
892 purposes of this subsection, the terms “full-time,” “part-time,”
893 and “administrative personnel” shall be defined by the
894 individual district school board. For purposes of this
895 subsection, the term “instructional personnel” has the same
896 meaning as provided in s. 1012.01(2).
897 (a) Liability coverage of at least $2 million shall be
898 provided to all full-time instructional personnel. Liability
899 coverage may be provided to the following individuals who choose
900 to participate in the program, at cost: part-time instructional
901 personnel, administrative personnel, and students enrolled in a
902 state-approved teacher preparation program pursuant to s.
903 1012.39(3).
904 (b) By August 1, the department shall notify the personnel
905 specified in paragraph (a) of the pending procurement for
906 liability coverage. By September 1, each district school board
907 shall notify the personnel specified in paragraph (a) of the
908 liability coverage provided pursuant to this subsection. The
909 department shall develop the form of the notice which shall be
910 used by each district school board. The notice must be on an 8
911 1/2-inch by 5 1/2-inch postcard and include the amount of
912 coverage, a general description of the nature of the coverage,
913 and the contact information for coverage and claims questions.
914 The notification shall be provided separately from any other
915 correspondence. Each district school board shall certify to the
916 department, by September 15th, that the notification required by
917 this paragraph has been provided.
918 (c) The department shall consult with the Department of
919 Financial Services to select the most economically prudent and
920 cost-effective means of implementing the program through self
921 insurance, a risk management program, or competitive
922 procurement.
923 (d) This subsection expires July 1, 2016.
924 Section 11. In order to implement Specific Appropriation 4
925 of the 2015-2016 General Appropriations Act, and notwithstanding
926 ss. 1009.534, 1009.535, and 1009.536, Florida Statutes, relating
927 to community service work requirements for Florida Bright
928 Futures Scholarship Program eligibility, for the 2015-2016
929 fiscal year, a student shall be considered to have met the
930 community service work requirement if the student completes a
931 program of volunteer service work, as approved by the district
932 school board, the administrators of a nonpublic school, or the
933 Department of Education for home education program students. The
934 student must identify a social or civic issue or a professional
935 area that interests him or her, develop a plan for his or her
936 personal involvement in addressing the issue or learning about
937 the area, and, through papers or other presentations, evaluate
938 and reflect upon his or her experience. Except for credit earned
939 through service-learning courses adopted pursuant to s.
940 1003.497, the student may not receive remuneration or academic
941 credit for the volunteer service work performed. Such work may
942 include, but is not limited to, a business or government
943 internship, work for a nonprofit community service organization,
944 or activity on behalf of a candidate for public office. The
945 hours of volunteer service must be documented in writing, and
946 the document must be signed by the student, the student’s parent
947 or guardian, and a representative of the organization for which
948 the student performed the volunteer service work. This section
949 expires July 1, 2016.
950 Section 12. In order to implement Specific Appropriation
951 149 of the 2015-2016 General Appropriations Act, subsection (1)
952 of section 1008.46, Florida Statutes, is amended to read:
953 1008.46 State university accountability process.—It is the
954 intent of the Legislature that an accountability process be
955 implemented that provides for the systematic, ongoing evaluation
956 of quality and effectiveness of state universities. It is
957 further the intent of the Legislature that this accountability
958 process monitor performance at the system level in each of the
959 major areas of instruction, research, and public service, while
960 recognizing the differing missions of each of the state
961 universities. The accountability process shall provide for the
962 adoption of systemwide performance standards and performance
963 goals for each standard identified through a collaborative
964 effort involving state universities, the Board of Governors, the
965 Legislature, and the Governor’s Office, consistent with
966 requirements specified in s. 1001.706. These standards and goals
967 shall be consistent with s. 216.011(1) to maintain congruity
968 with the performance-based budgeting process. This process
969 requires that university accountability reports reflect measures
970 defined through performance-based budgeting. The performance
971 based budgeting measures must also reflect the elements of
972 teaching, research, and service inherent in the missions of the
973 state universities.
974 (1) By March 15 December 31 of each year, the Board of
975 Governors shall submit an annual accountability report providing
976 information on the implementation of performance standards,
977 actions taken to improve university achievement of performance
978 goals, the achievement of performance goals during the prior
979 year, and initiatives to be undertaken during the next year. The
980 accountability reports shall be designed in consultation with
981 the Governor’s Office, the Office of Program Policy Analysis and
982 Government Accountability, and the Legislature.
983 Section 13. The amendment made by this act to s.
984 1008.46(1), Florida Statutes, expires July 1, 2016, and the text
985 of that subsection shall revert to that in existence on June 30,
986 2015, except that any amendments to such text enacted other than
987 by this act shall be preserved and continue to operate to the
988 extent that such amendments are not dependent upon the portions
989 of text which expire pursuant to this section.
990 Section 14. In order to implement Specific Appropriation
991 138 of the 2015-2016 General Appropriations Act, section
992 1001.92, Florida Statutes, is created to read:
993 1001.92 State University System Performance-Based
994 Incentive.—
995 (1) A State University System Performance-Based Incentive
996 shall be awarded to state universities using performance-based
997 metrics adopted by the Board of Governors of the State
998 University System. The performance-based metrics must include
999 graduation rates, retention rates, postgraduation education
1000 rates, degree production, affordability, postgraduation
1001 employment and salaries, access, and other metrics approved by
1002 the board in a formally noticed meeting. The board shall adopt
1003 benchmarks to evaluate each state university’s performance on
1004 the metrics to measure the state university’s achievement of
1005 institutional excellence or need for improvement and minimum
1006 requirements for eligibility to receive performance funding.
1007 (2) Each fiscal year, the amount of funds available for
1008 allocation to the state universities based on the performance
1009 based metrics shall consist of the state’s appropriation for
1010 performance funding, including increases in base funding plus
1011 institutional investments consisting of funds deducted from the
1012 base funding of each state university in the State University
1013 System, in an amount provided in the General Appropriations Act.
1014 The institutional investment shall be restored for each
1015 institution eligible for the state’s investment under the
1016 performance-based metrics.
1017 (3)(a) A state university that fails to meet the Board of
1018 Governors’ minimum performance funding threshold shall have a
1019 portion of its institutional investment withheld by the board
1020 and must submit an improvement plan to the board that specifies
1021 the activities and strategies for improving the state
1022 university’s performance. The board must review and approve the
1023 improvement plan and, if the plan is approved, must monitor the
1024 state university’s progress in implementing the activities and
1025 strategies specified in the improvement plan. The state
1026 university shall submit monitoring reports to the board by
1027 December 31 and May 31 of each year in which an improvement plan
1028 is in place. The ability of a state university to submit an
1029 improvement plan to the board is limited to 1 fiscal year.
1030 (b) The Chancellor of the State University System shall
1031 withhold disbursement of the institutional investment until the
1032 monitoring report is approved by the Board of Governors. A state
1033 university that is determined by the board to be making
1034 satisfactory progress on implementing the improvement plan shall
1035 receive no more than one-half of the withheld institutional
1036 investment in January and the balance of the withheld
1037 institutional investment in June. A state university that fails
1038 to make satisfactory progress may not have its full
1039 institutional investment restored. Any institutional investment
1040 funds that are not restored shall be redistributed in accordance
1041 with the board’s performance-based metrics.
1042 (4) Distributions of performance funding, as provided in
1043 this section, shall be made to each of the state universities
1044 listed in the Education and General Activities category in the
1045 General Appropriations Act.
1046 (5) By October 1 of each year, the Board of Governors shall
1047 submit to the Governor, the President of the Senate, and the
1048 Speaker of the House of Representatives a report on the previous
1049 fiscal year’s performance funding allocation which must reflect
1050 the rankings and award distributions.
1051 (6) This section expires July 1, 2016.
1052 Section 15. (1) In order to implement Specific
1053 Appropriation 122 of the 2015-2016 General Appropriations Act,
1054 the Florida College System Performance-Based Incentive must be
1055 based on indicators of institutional attainment of performance
1056 metrics adopted by the State Board of Education. The
1057 performance-based funding metrics must be limited to metrics
1058 that measure retention; program completion and graduation rates;
1059 job placement; and postgraduation employment, salaries, or
1060 further education.
1061 (2) The State Board of Education shall evaluate the
1062 institutions’ performance on the metrics based on benchmarks
1063 adopted by the board which measure the achievement of
1064 institutional excellence or improvement. The amount of funds
1065 available for allocation to the institutions each fiscal year
1066 based on the performance funding model shall be composed of the
1067 state’s investment in performance funding, plus an institutional
1068 investment consisting of funds to be redistributed from the base
1069 funding of the Florida College System Program Fund, as
1070 determined in the General Appropriations Act. The board shall
1071 establish a minimum performance threshold that the institutions
1072 must meet in order to be eligible for the state’s investment in
1073 performance funds. The institutional investment shall be
1074 restored for all institutions eligible for the state’s
1075 investment under the performance funding model. An institution
1076 that fails to meet the board’s minimum performance funding
1077 threshold is not eligible for the state’s investment, shall have
1078 a portion of its institutional investment withheld, and shall
1079 submit an improvement plan to the board which specifies the
1080 activities and strategies for improving the institution’s
1081 performance.
1082 (3) The State Board of Education must review the
1083 improvement plan and, if approved, must monitor the
1084 institution’s progress on implementing the specified activities
1085 and strategies. The institutions shall submit monitoring reports
1086 to the board no later than December 31, 2015, and May 31, 2016.
1087 (4) The Commissioner of Education shall withhold
1088 disbursement of the institutional investment until such time as
1089 the monitoring report for the institution is approved by the
1090 State Board of Education. An institution that fails to make
1091 satisfactory progress will not have its full institutional
1092 investment restored. If all institutional investment funds are
1093 not restored, any remaining funds shall be redistributed in
1094 accordance with the board’s performance funding model.
1095 (5) This section expires July 1, 2016.
1096 Section 16. In order to implement Specific Appropriation 81
1097 and section 22 of the 2015-2016 General Appropriations Act and
1098 notwithstanding s. 1002.94, Florida Statutes, relating to the
1099 disbursement of funds provided for the Child Care Executive
1100 Partnership Program, for the 2015-2016 fiscal year, the Office
1101 of Early Learning may allocate or reallocate funds held by the
1102 Child Care Executive Partnership Program to prevent
1103 disenrollment of children from the school readiness program or
1104 child care funded through the Child Care Executive Partnership
1105 Program. The funds provided for the Child Care Executive
1106 Partnership Program shall be released and expended as required
1107 in the proviso language for Specific Appropriation 81 of the
1108 2015-2016 General Appropriations Act. This section expires July
1109 1, 2016.
1110 Section 17. (1) In order to implement Specific
1111 Appropriation 470 of the 2015-2016 General Appropriations Act,
1112 the following requirements govern the continuation of the
1113 Department of Health’s Florida Onsite Sewage Nitrogen Reduction
1114 Strategies Study:
1115 (a) Funding for completion of the study is through the
1116 Department of Health. Notwithstanding s. 287.057, Florida
1117 Statutes, the current contract may be extended until the study
1118 is completed.
1119 (b) The Department of Health, the Research Review and
1120 Advisory Committee of the Department of Health, and the
1121 Department of Environmental Protection shall work together to
1122 provide the necessary technical oversight to complete the study.
1123 (c) Management and oversight of the completion of the study
1124 must be consistent with the terms of the existing contract.
1125 However, the main focus and priority shall be developing,
1126 testing, and recommending cost-effective passive technology
1127 design criteria for nitrogen reduction. Notwithstanding any
1128 other provision of law, before the study is completed, a state
1129 agency may not adopt or implement a rule or policy that:
1130 1. Mandates, establishes, or implements more restrictive
1131 nitrogen reduction standards for existing or new onsite sewage
1132 treatment systems or modification of such systems; or
1133 2. Directly or indirectly, such as through an
1134 administrative order issued by the Department of Environmental
1135 Protection as part of a basin management action plan adopted
1136 pursuant to s. 403.067, Florida Statutes, requires the use of
1137 performance-based treatment systems or similar technologies.
1138 However, more restrictive nitrogen reduction standards for
1139 onsite systems may be required through a basin management action
1140 plan if such plan is phased in after the study is completed.
1141 (d) Any systems installed at home sites are experimental in
1142 nature and shall be installed with significant field testing and
1143 monitoring. The Department of Health is specifically authorized
1144 to allow installation of these experimental systems.
1145 (2) This section expires July 1, 2016.
1146 Section 18. In order to implement sections 49 and 52 of the
1147 2015-2016 General Appropriations Act, paragraph (a) of
1148 subsection (4) of section 20.435, Florida Statutes, is amended
1149 to read:
1150 20.435 Department of Health; trust funds.—The following
1151 trust funds shall be administered by the Department of Health:
1152 (4) Medical Quality Assurance Trust Fund.
1153 (a)1. Funds to be credited to the trust fund shall consist
1154 of fees and fines related to the licensing of health care
1155 professionals. Funds shall be used for the purpose of providing
1156 administrative support for the regulation of health care
1157 professionals and for other such purposes as may be appropriate
1158 and shall be expended only pursuant to legislative appropriation
1159 or an approved amendment to the department’s operating budget
1160 pursuant to the provisions of chapter 216.
1161 2. For the 2015-2016 fiscal year, the uses authorized under
1162 subparagraph 1. include the provision of health care services to
1163 department clients. This subparagraph expires July 1, 2016.
1164 Section 19. In order to implement Specific Appropriations
1165 194, 200, 201, 202, 203, 206, and 213 of the 2015-2016 General
1166 Appropriations Act, the Agency for Health Care Administration is
1167 authorized to submit a budget amendment pursuant to chapter 216,
1168 Florida Statutes, to realign funding based on the model,
1169 methodology, and framework in the “Medicaid Hospital Funding
1170 Programs” document incorporated by reference in Senate Bill
1171 2508-A. Funding changes shall be consistent with the intent of
1172 the model, methodology, and framework displayed, demonstrated,
1173 and explained in the “Medicaid Hospital Funding Programs”
1174 document, while allowing for the appropriate realignment to
1175 appropriation categories related to Medicaid Low-Income Pool,
1176 Disproportionate Share Hospital, Graduate Medical Education,
1177 Inpatient Hospital and Outpatient Hospital programs, Prepaid
1178 Health Plans, and the diagnosis related groups (DRG) methodology
1179 for hospital reimbursement for the 2015-2016 fiscal year,
1180 including requests for additional trust fund budget authority.
1181 Notwithstanding s. 216.177, Florida Statutes, if the chair or
1182 vice chair of the Legislative Budget Commission or the President
1183 of the Senate or the Speaker of the House of Representatives
1184 timely advises the Executive Office of the Governor, in writing,
1185 that the budget amendment exceeds the delegated authority of the
1186 Executive Office of the Governor or is contrary to legislative
1187 policy or intent, the Executive Office of the Governor shall
1188 void the action. This section expires July 1, 2016.
1189 Section 20. (1) In order to implement Specific
1190 Appropriation 251 of the 2015-2016 General Appropriations Act,
1191 and notwithstanding s. 393.065(5), Florida Statutes, individuals
1192 on the Medicaid home and community-based waiver programs wait
1193 list shall be offered a slot in the waiver as follows:
1194 (a) Individuals in category 1, which includes clients
1195 deemed to be in crisis as described in rule, shall be given
1196 first priority in moving from the wait list to the waiver.
1197 (b) Category 2 shall include:
1198 1. Individuals on the wait list who are from the child
1199 welfare system with an open case in the Department of Children
1200 and Families’ statewide automated child welfare information
1201 system who are:
1202 a. Individuals transitioning out of the child welfare
1203 system at the finalization of an adoption, a reunification with
1204 family members, a permanent placement with a relative, or a
1205 guardianship with a nonrelative; or
1206 b. Individuals who are at least 18 years old but not yet 22
1207 years old and who need both waiver services and extended foster
1208 care services.
1209 2. Individuals on the wait list who are at least 18 years
1210 old but not yet 22 years old and who withdrew consent pursuant
1211 to s. 39.6251(5)(c), Florida Statutes, to remain in the extended
1212 foster care system.
1213
1214 For individuals who are at least 18 years old but not yet 22
1215 years old and who are eligible under sub-subparagraph 1.b., the
1216 Agency for Persons with Disabilities shall provide waiver
1217 services, including residential habilitation, and the community
1218 based care lead agency shall fund room and board at the rate
1219 established in s. 409.145(4), Florida Statutes, and provide case
1220 management and related services as defined in s. 409.986(3)(e),
1221 Florida Statutes. Individuals may receive both waiver services
1222 and services under s. 39.6251, Florida Statutes. Services may
1223 not duplicate services available through the Medicaid state
1224 plan.
1225 (c) In selecting individuals in category 3, category 4, or
1226 category 5, the Agency for Persons with Disabilities shall use
1227 the Agency for Persons with Disabilities Waitlist Prioritization
1228 Tool, dated March 15, 2013. Those individuals whose needs score
1229 highest on the Waitlist Prioritization Tool shall be moved to
1230 the waiver during the 2015-2016 fiscal year, to the extent funds
1231 are available.
1232 (2) The agency shall allow an individual who meets the
1233 eligibility requirements under s. 393.065(1), Florida Statutes,
1234 to receive home and community-based services in this state if
1235 the individual’s parent or legal guardian is an active-duty
1236 military servicemember and, at the time of the servicemember’s
1237 transfer to this state, the individual was receiving home and
1238 community-based services in another state.
1239 (3) Upon the placement of individuals on the waiver
1240 pursuant to subsection (1), individuals remaining on the wait
1241 list are deemed not to have been substantially affected by
1242 agency action and are, therefore, not entitled to a hearing
1243 under s. 393.125, Florida Statutes, or administrative proceeding
1244 under chapter 120, Florida Statutes. This section expires July
1245 1, 2016.
1246 Section 21. In order to implement Specific Appropriation
1247 251 of the 2015-2016 General Appropriations Act:
1248 (1) Until the Agency for Persons with Disabilities adopts a
1249 new allocation algorithm and methodology by final rule pursuant
1250 to s. 393.0662, Florida Statutes:
1251 (a) Each client’s iBudget in effect as of July 1, 2015,
1252 shall remain at its July 1, 2015, funding level.
1253 (b) The Agency for Persons with Disabilities shall
1254 determine the iBudget for a client newly enrolled on the home
1255 and community-based services waiver on or after July 1, 2015,
1256 using the same allocation algorithm and methodology used for the
1257 iBudgets in effect as of July 1, 2015.
1258 (2) After a new algorithm and methodology is adopted by
1259 final rule, a client’s new iBudget shall be determined based on
1260 the new allocation algorithm and methodology and shall take
1261 effect as of the client’s next support plan update.
1262 (3) Funding allocated under subsections (1) and (2) may be
1263 increased pursuant to s. 393.0662(1)(b), Florida Statute. A
1264 client’s funding allocation may also be increased if the client
1265 has a significant need for transportation services to a waiver
1266 funded adult day training program or to a waiver-funded
1267 supported employment where such need cannot be accommodated
1268 within the funding authorized by the client’s iBudget amount
1269 without affecting the health and safety of the client, where
1270 public transportation is not an option due to the unique needs
1271 of the client, and where no other transportation resources are
1272 reasonably available. However, such increases may not result in
1273 the total of all clients’ projected annual iBudget expenditures
1274 exceeding the agency’s appropriation for waiver services.
1275 (4) This section expires July 1, 2016.
1276 Section 22. In order to implement Specific Appropriations
1277 554 through 563 of the 2015-2016 General Appropriations Act,
1278 subsection (3) of section 296.37, Florida Statutes, is amended
1279 to read:
1280 296.37 Residents; contribution to support.—
1281 (3) Notwithstanding subsection (1), each resident of the
1282 home who receives a pension, compensation, or gratuity from the
1283 United States Government, or income from any other source, of
1284 more than $105 per month shall contribute to his or her
1285 maintenance and support while a resident of the home in
1286 accordance with a payment schedule determined by the
1287 administrator and approved by the director. The total amount of
1288 such contributions shall be to the fullest extent possible, but,
1289 in no case, shall exceed the actual cost of operating and
1290 maintaining the home. This subsection expires July 1, 2016 2015.
1291 Section 23. In order to implement Specific Appropriation
1292 251 of the 2015-2016 General Appropriations Act, subsection (15)
1293 of section 393.067, Florida Statutes, is amended to read:
1294 393.067 Facility licensure.—
1295 (15) The agency is not required to contract with new
1296 facilities licensed after October 1, 1989, pursuant to this
1297 chapter. Pursuant to chapter 287, the agency shall continue to
1298 contract within available resources for residential services
1299 with facilities licensed prior to October 1, 1989, if such
1300 facilities comply with the provisions of this chapter and all
1301 other applicable laws and regulations.
1302 Section 24. The amendment made by this act to s.
1303 393.067(15), Florida Statutes, expires July 1, 2016, and the
1304 text of that subsection shall revert to that in existence on
1305 June 30, 2015, except that any amendments to such text enacted
1306 other than by this act shall be preserved and continue to
1307 operate to the extent that such amendments are not dependent
1308 upon the portions of text which expire pursuant to this section.
1309 Section 25. In order to implement Specific Appropriation
1310 251 of the 2015-2016 General Appropriations Act, subsections
1311 (4), (5), and (6) of section 393.18, Florida Statutes, are
1312 amended to read:
1313 393.18 Comprehensive transitional education program.—A
1314 comprehensive transitional education program is a group of
1315 jointly operating centers or units, the collective purpose of
1316 which is to provide a sequential series of educational care,
1317 training, treatment, habilitation, and rehabilitation services
1318 to persons who have developmental disabilities and who have
1319 severe or moderate maladaptive behaviors. However, this section
1320 does not require such programs to provide services only to
1321 persons with developmental disabilities. All such services shall
1322 be temporary in nature and delivered in a structured residential
1323 setting, having the primary goal of incorporating the principle
1324 of self-determination in establishing permanent residence for
1325 persons with maladaptive behaviors in facilities that are not
1326 associated with the comprehensive transitional education
1327 program. The staff shall include behavior analysts and teachers,
1328 as appropriate, who shall be available to provide services in
1329 each component center or unit of the program. A behavior analyst
1330 must be certified pursuant to s. 393.17.
1331 (4) For comprehensive transitional education programs, the
1332 total number of residents persons with maladaptive behaviors who
1333 are being provided with services in a comprehensive transitional
1334 education program may not in any instance exceed the licensed
1335 capacity of 120 residents and each residential unit within the
1336 component centers of the program authorized under this section
1337 may not in any instance exceed 15 residents. However, a program
1338 that was authorized to operate residential units with more than
1339 15 residents before July 1, 2015, may continue to operate such
1340 units.
1341 (5) Licensure is authorized for comprehensive transitional
1342 education programs which by July 1, 1989:
1343 (a) Were in actual operation; or
1344 (b) Owned a fee simple interest in real property for which
1345 a county or city government has approved zoning allowing for the
1346 placement of the facilities described in this subsection, and
1347 have registered an intent with the agency to operate a
1348 comprehensive transitional education program. However, nothing
1349 prohibits the assignment by such a registrant to another entity
1350 at a different site within the state, if there is compliance
1351 with the criteria of this program and local zoning requirements
1352 and each residential facility within the component centers or
1353 units of the program authorized under this paragraph does not
1354 exceed a capacity of 15 persons.
1355 (6) Notwithstanding subsection (5), in order to maximize
1356 federal revenues and provide for children needing special
1357 behavioral services, the agency may authorize the licensure of a
1358 facility that:
1359 (a) Provides residential services for children who have
1360 developmental disabilities along with intensive behavioral
1361 problems as defined by the agency; and
1362 (b) As of July 1, 2010, serve children who were served by
1363 the child welfare system and who have an open case in the
1364 automated child welfare system of the Department of Children and
1365 Families.
1366
1367 The facility must be in compliance with all program criteria and
1368 local zoning requirements and may not exceed a capacity of 15
1369 children.
1370 Section 26. The amendment made by this act to s. 393.18,
1371 Florida Statutes, expires July 1, 2016, and the text of that
1372 section shall revert to that in existence on June 30, 2015,
1373 except that any amendments to such text enacted other than by
1374 this act shall be preserved and continue to operate to the
1375 extent that such amendments are not dependent upon the portions
1376 of text which expire pursuant to this section.
1377 Section 27. In order to implement Specific Appropriation
1378 225 of the 2015-2016 General Appropriations Act, the Agency for
1379 Health Care Administration shall ensure that nursing facility
1380 residents who are eligible for funds to transition to home and
1381 community-based services waivers must first have resided in a
1382 skilled nursing facility for at least 60 consecutive days. This
1383 section expires July 1, 2016.
1384 Section 28. In order to implement Specific Appropriation
1385 226 of the 2015-2016 General Appropriations Act, the Agency for
1386 Health Care Administration and the Department of Elderly Affairs
1387 shall prioritize individuals for enrollment in the Medicaid
1388 Long-Term Care Waiver program using a frailty-based screening
1389 that provides a priority score (the “scoring process”) and shall
1390 enroll individuals in the program according to the assigned
1391 priority score as funds are available. The agency may adopt
1392 rules, pursuant to s. 409.919, Florida Statutes, and enter into
1393 interagency agreements necessary to administer s. 409.979(3),
1394 Florida Statutes. Such rules or interagency agreements adopted
1395 by the agency relating to the scoring process may delegate to
1396 the Department of Elderly Affairs, pursuant to s. 409.978,
1397 Florida Statutes, the responsibility for implementing and
1398 administering the scoring process, providing notice of Medicaid
1399 fair hearing rights, and the responsibility for defending, as
1400 needed, the scores assigned to persons on the program wait list
1401 in any resulting Medicaid fair hearings. The Department of
1402 Elderly Affairs may delegate the provision of notice of Medicaid
1403 fair hearing rights to its contractors. This section expires
1404 July 1, 2016.
1405 Section 29. In order to implement Specific Appropriations
1406 187A through 220A and 524 of the 2015-2016 General
1407 Appropriations Act and notwithstanding ss. 216.181 and 216.292,
1408 Florida Statutes, the Agency for Health Care Administration, in
1409 consultation with the Department of Health, may submit a budget
1410 amendment, subject to the notice, review, and objection
1411 procedures of s. 216.177, Florida Statutes, to realign funding
1412 within and between agencies based on implementation of the
1413 Managed Medical Assistance component of the Statewide Medicaid
1414 Managed Care program for the Children’s Medical Services program
1415 of the Department of Health. The funding realignment shall
1416 reflect the actual enrollment changes due to the transfer of
1417 beneficiaries from fee-for-service to the capitated Children’s
1418 Medical Services Network. The Agency for Health Care
1419 Administration may submit a request for nonoperating budget
1420 authority to transfer the federal funds to the Department of
1421 Health, pursuant to s. 216.181(12), Florida Statutes. This
1422 section expires July 1, 2016.
1423 Section 30. In order to implement Specific Appropriation
1424 323 of the 2015-2016 General Appropriations Act, and
1425 notwithstanding s. 409.991, Florida Statutes, for the 2015-2016
1426 fiscal year, funds provided for training purposes shall be
1427 allocated to community-based care lead agencies based on a
1428 training needs assessment conducted by the Department of
1429 Children and Families. This section expires July 1, 2016.
1430 Section 31. In order to implement Specific Appropriation
1431 400 of the 2015-2016 General Appropriations Act, subject to
1432 federal approval, a current Program of All-Inclusive Care for
1433 the Elderly (PACE) organization that is authorized to provide
1434 PACE services in Southeast Florida and that is granted authority
1435 under section 18 of chapter 2012-33, Laws of Florida, for up to
1436 150 enrollee slots to serve frail elders residing in Broward
1437 County, may also use those PACE slots for enrollees residing in
1438 Miami-Dade County, subject to a contract amendment with the
1439 Agency for Health Care Administration. This section expires July
1440 1, 2016.
1441 Section 32. In order to implement Specific Appropriation
1442 503 of the 2015-2016 General Appropriations Act, subsection (17)
1443 is added to section 893.055, Florida Statutes, to read:
1444 893.055 Prescription drug monitoring program.—
1445 (17) Notwithstanding subsection (10), and for the 2015-2016
1446 fiscal year only, the department may use state funds
1447 appropriated in the 2015-2016 General Appropriations Act to
1448 administer the prescription drug monitoring program. Neither the
1449 Attorney General nor the department may use funds received as
1450 part of a settlement agreement to administer the prescription
1451 drug monitoring program. This subsection expires July 1, 2016.
1452 Section 33. In order to implement Specific Appropriations
1453 583 through 720A and 733 through 771 of the 2015-2016 General
1454 Appropriations Act, subsection (4) of section 216.262, Florida
1455 Statutes, is amended to read:
1456 216.262 Authorized positions.—
1457 (4) Notwithstanding the provisions of this chapter relating
1458 to increasing the number of authorized positions, and for the
1459 2015-2016 2014-2015 fiscal year only, if the actual inmate
1460 population of the Department of Corrections exceeds the inmate
1461 population projections of the February 27, 2015 2014, Criminal
1462 Justice Estimating Conference by 1 percent for 2 consecutive
1463 months or 2 percent for any month, the Executive Office of the
1464 Governor, with the approval of the Legislative Budget
1465 Commission, shall immediately notify the Criminal Justice
1466 Estimating Conference, which shall convene as soon as possible
1467 to revise the estimates. The Department of Corrections may then
1468 submit a budget amendment requesting the establishment of
1469 positions in excess of the number authorized by the Legislature
1470 and additional appropriations from unallocated general revenue
1471 sufficient to provide for essential staff, fixed capital
1472 improvements, and other resources to provide classification,
1473 security, food services, health services, and other variable
1474 expenses within the institutions to accommodate the estimated
1475 increase in the inmate population. All actions taken pursuant to
1476 this subsection are subject to review and approval by the
1477 Legislative Budget Commission. This subsection expires July 1,
1478 2016 2015.
1479 Section 34. In order to implement Specific Appropriations
1480 1319 and 1320 of the 2015-2016 General Appropriations Act, the
1481 Department of Legal Affairs may expend appropriated funds in
1482 those specific appropriations on the same programs that were
1483 funded by the department pursuant to specific appropriations
1484 made in general appropriations acts in previous years. This
1485 section expires July 1, 2016.
1486 Section 35. In order to implement Specific Appropriations
1487 1254 and 1259 of the 2015-2016 General Appropriations Act,
1488 paragraph (d) of subsection (4) of section 932.7055, Florida
1489 Statutes, is amended to read:
1490 932.7055 Disposition of liens and forfeited property.—
1491 (4) The proceeds from the sale of forfeited property shall
1492 be disbursed in the following priority:
1493 (d) Notwithstanding any other provision of this subsection,
1494 and for the 2015-2016 2014-2015 fiscal year only, the funds in a
1495 special law enforcement trust fund established by the governing
1496 body of a municipality may be expended to reimburse the general
1497 fund of the municipality for moneys advanced from the general
1498 fund to the special law enforcement trust fund before October 1,
1499 2001. This paragraph expires July 1, 2016 2015.
1500 Section 36. In order to implement section 7 of the 2015
1501 2016 General Appropriations Act, subsection (2) of section
1502 215.18, Florida Statutes, is amended to read:
1503 215.18 Transfers between funds; limitation.—
1504 (2) The Chief Justice of the Supreme Court may receive one
1505 or more trust fund loans to ensure that the state court system
1506 has funds sufficient to meet its appropriations in the 2015-2016
1507 2014-2015 General Appropriations Act. If the Chief Justice
1508 accesses the loan, he or she must notify the Governor and the
1509 chairs of the legislative appropriations committees in writing.
1510 The loan must come from other funds in the State Treasury which
1511 are for the time being or otherwise in excess of the amounts
1512 necessary to meet the just requirements of such last-mentioned
1513 funds. The Governor shall order the transfer of funds within 5
1514 days after the written notification from the Chief Justice. If
1515 the Governor does not order the transfer, the Chief Financial
1516 Officer shall transfer the requested funds. The loan of funds
1517 from which any money is temporarily transferred must be repaid
1518 by the end of the 2015-2016 2014-2015 fiscal year. This
1519 subsection expires July 1, 2016 2015.
1520 Section 37. In order to implement appropriations for
1521 salaries and benefits in the 2015-2016 General Appropriations
1522 Act for the Department of Corrections and notwithstanding s.
1523 216.292, Florida Statutes, the Department of Corrections may not
1524 transfer funds from a salaries and benefits category to any
1525 other category within the department other than a salaries and
1526 benefits category without approval of the Legislative Budget
1527 Commission. This section expires July 1, 2016.
1528 Section 38. (1) In order to implement Specific
1529 Appropriations 1124 through 1136 of the 2015-2016 General
1530 Appropriations Act, the Department of Juvenile Justice is
1531 required to review county juvenile detention payments for the
1532 purpose of ensuring that counties fulfill their financial
1533 responsibilities required in s. 985.686, Florida Statutes. If
1534 the Department of Juvenile Justice determines that a county has
1535 not met its obligations, the department shall direct the
1536 Department of Revenue to deduct the amount owed to the
1537 Department of Juvenile Justice from the funds provided to the
1538 county under s. 218.23, Florida Statutes. The Department of
1539 Revenue shall transfer the funds withheld to the Shared
1540 County/State Juvenile Detention Trust Fund.
1541 (2) As an assurance to holders of bonds issued by counties
1542 before July 1, 2015, for which distributions made pursuant to s.
1543 218.23, Florida Statutes, are pledged, or bonds issued to refund
1544 such bonds which mature no later than the bonds they refunded
1545 and which result in a reduction of debt service payable in each
1546 fiscal year, the amount available for distribution to a county
1547 shall remain as provided by law and continue to be subject to
1548 any lien or claim on behalf of the bondholders. The Department
1549 of Revenue must ensure, based on information provided by an
1550 affected county, that any reduction in amounts distributed
1551 pursuant to subsection (1) does not reduce the amount of
1552 distribution to a county below the amount necessary for the
1553 timely payment of principal and interest when due on the bonds
1554 and the amount necessary to comply with any covenant under the
1555 bond resolution or other documents relating to the issuance of
1556 the bonds. If a reduction to a county’s monthly distribution
1557 must be decreased in order to comply with this subsection, the
1558 Department of Revenue must notify the Department of Juvenile
1559 Justice of the amount of the decrease, and the Department of
1560 Juvenile Justice must send a bill for payment of such amount to
1561 the affected county.
1562 (3) This section expires July 1, 2016.
1563 Section 39. In order to implement appropriations used for
1564 the payments of existing lease contracts for private lease space
1565 in excess of 2,000 square feet in the 2015-2016 General
1566 Appropriations Act, the Department of Management Services, with
1567 the cooperation of the agencies having the existing lease
1568 contracts for office or storage space, shall use tenant broker
1569 services to renegotiate or reprocure all private lease
1570 agreements for office or storage space expiring between July 1,
1571 2016, and June 30, 2018, in order to reduce costs in future
1572 years. The department shall incorporate this initiative into its
1573 2015 master leasing report required under s. 255.249(7), Florida
1574 Statutes, and may use tenant broker services to explore the
1575 possibilities of collocating office or storage space, to review
1576 the space needs of each agency, and to review the length and
1577 terms of potential renewals or renegotiations. The department
1578 shall provide a report to the Executive Office of the Governor,
1579 the President of the Senate, and the Speaker of the House of
1580 Representatives by November 1, 2015, which lists each lease
1581 contract for private office or storage space, the status of
1582 renegotiations, and the savings achieved. This section expires
1583 July 1, 2016.
1584 Section 40. In order to implement Specific Appropriations
1585 2270 through 2278 of the 2015-2016 General Appropriations Act,
1586 section 624.502, Florida Statutes, is reenacted to read:
1587 624.502 Service of process fee.—In all instances as
1588 provided in any section of the insurance code and s. 48.151(3)
1589 in which service of process is authorized to be made upon the
1590 Chief Financial Officer or the director of the office, the
1591 plaintiff shall pay to the department or office a fee of $15 for
1592 such service of process, which fee shall be deposited into the
1593 Administrative Trust Fund.
1594 Section 41. The amendment to s. 624.502, Florida Statutes,
1595 as carried forward by this act from chapter 2013-41, Laws of
1596 Florida, expires July 1, 2016, and the text of that section
1597 shall revert to that in existence on June 30, 2013, except that
1598 any amendments to such text enacted other than by this act shall
1599 be preserved and continue to operate to the extent that such
1600 amendments are not dependent upon the portions of text which
1601 expire pursuant to this section.
1602 Section 42. In order to implement Specific Appropriations
1603 2848 through 2859 of the 2015-2016 General Appropriations Act,
1604 paragraph (a) of subsection (2) of section 282.709, Florida
1605 Statutes, is reenacted to read:
1606 282.709 State agency law enforcement radio system and
1607 interoperability network.—
1608 (2) The Joint Task Force on State Agency Law Enforcement
1609 Communications is created adjunct to the department to advise
1610 the department of member-agency needs relating to the planning,
1611 designing, and establishment of the statewide communication
1612 system.
1613 (a) The Joint Task Force on State Agency Law Enforcement
1614 Communications shall consist of the following members:
1615 1. A representative of the Division of Alcoholic Beverages
1616 and Tobacco of the Department of Business and Professional
1617 Regulation who shall be appointed by the secretary of the
1618 department.
1619 2. A representative of the Division of Florida Highway
1620 Patrol of the Department of Highway Safety and Motor Vehicles
1621 who shall be appointed by the executive director of the
1622 department.
1623 3. A representative of the Department of Law Enforcement
1624 who shall be appointed by the executive director of the
1625 department.
1626 4. A representative of the Fish and Wildlife Conservation
1627 Commission who shall be appointed by the executive director of
1628 the commission.
1629 5. A representative of the Department of Corrections who
1630 shall be appointed by the secretary of the department.
1631 6. A representative of the Division of State Fire Marshal
1632 of the Department of Financial Services who shall be appointed
1633 by the State Fire Marshal.
1634 7. A representative of the Department of Agriculture and
1635 Consumer Services who shall be appointed by the Commissioner of
1636 Agriculture.
1637 Section 43. The amendment to s. 282.709(2)(a), Florida
1638 Statutes, as carried forward by this act from chapter 2014-53,
1639 Laws of Florida, expires July 1, 2016, and the text of that
1640 paragraph shall revert to that in existence on June 30, 2014,
1641 except that any amendments to such text enacted other than by
1642 this act shall be preserved and continue to operate to the
1643 extent that such amendments are not dependent upon the portions
1644 of text that expire pursuant to this section.
1645 Section 44. Effective November 1, 2015, in order to
1646 implement Specific Appropriations 2753 through 2765 of the 2015
1647 2016 General Appropriations Act, and notwithstanding rule 60A
1648 1.031, Florida Administrative Code, the transaction fee
1649 collected for use of the online procurement system, authorized
1650 in ss. 287.042(1)(h)1. and 287.057(22)(c), Florida Statutes,
1651 shall be seven-tenths of 1 percent for the 2015-2016 fiscal year
1652 only. The Department of Management Services shall determine an
1653 economical and effective means of notifying vendors of the fee
1654 change. This section expires July 1, 2016.
1655 Section 45. In order to implement Specific Appropriation
1656 2920A of the 2015-2016 General Appropriations Act, subsection
1657 (8) is added to section 216.292, Florida Statutes, to read:
1658 216.292 Appropriations nontransferable; exceptions.—
1659 (8) Notwithstanding subsections (2), (3), and (4), and for
1660 the 2015-2016 fiscal year only, the Agency for State Technology,
1661 with the approval of the Executive Office of the Governor, and
1662 after 14 days prior notice, may transfer up to $2.5 million of
1663 recurring funds from the Working Capital Trust Fund within the
1664 Agency for State Technology between appropriations categories
1665 for operations, as needed, to realign funds, based upon the
1666 final report of the third-party assessment required by January
1667 15, 2016, to begin migration of cloud-ready applications at the
1668 State Data Center to a cloud solution that complies with all
1669 applicable federal and state security and privacy requirements,
1670 to the extent feasible within available resources, while
1671 continuing to provide computing services for existing data
1672 center applications, until those applications can be cloud
1673 ready. Such transfers are subject to the notice and objection
1674 provisions of s. 216.177. This subsection expires July 1, 2016.
1675 Section 46. In order to implement Specific Appropriation
1676 1647 of the 2015-2016 General Appropriations Act, paragraph (e)
1677 of subsection (5) of section 161.143, Florida Statutes, is
1678 amended to read:
1679 161.143 Inlet management; planning, prioritizing, funding,
1680 approving, and implementing projects.—
1681 (5) The department shall annually provide an inlet
1682 management project list, in priority order, to the Legislature
1683 as part of the department’s budget request. The list must
1684 include studies, projects, or other activities that address the
1685 management of at least 10 separate inlets and that are ranked
1686 according to the criteria established under subsection (2).
1687 (e) Notwithstanding paragraphs (a) and (b), and for the
1688 2015-2016 2014-2015 fiscal year only, the amount allocated for
1689 inlet management funding is provided in the 2015-2016 2014-2015
1690 General Appropriations Act. This paragraph expires July 1, 2016
1691 2015.
1692 Section 47. In order to implement Specific Appropriations
1693 1569A and 1570 of the 2015-2016 General Appropriations Act,
1694 paragraph (m) of subsection (3) of section 259.105, Florida
1695 Statutes, is amended to read:
1696 259.105 The Florida Forever Act.—
1697 (3) Less the costs of issuing and the costs of funding
1698 reserve accounts and other costs associated with bonds, the
1699 proceeds of cash payments or bonds issued pursuant to this
1700 section shall be deposited into the Florida Forever Trust Fund
1701 created by s. 259.1051. The proceeds shall be distributed by the
1702 Department of Environmental Protection in the following manner:
1703 (m) Notwithstanding paragraphs (a)-(j) and for the 2015
1704 2016 2014-2015 fiscal year only, $17.4 million to only the
1705 Division of State Lands within the Department of Environmental
1706 Protection for the Board of Trustees Florida Forever Priority
1707 List land acquisition projects. This paragraph expires July 1,
1708 2016:
1709 1. Five million dollars to the Department of Agriculture
1710 and Consumer Services for the acquisition of agricultural lands
1711 through perpetual conservation easements and other perpetual
1712 less-than-fee techniques, which will achieve the objectives of
1713 Florida Forever and s. 570.71.
1714 2. The remaining moneys appropriated from the Florida
1715 Forever Trust Fund shall be distributed only to the Division of
1716 State Lands within the Department of Environmental Protection
1717 for land acquisitions that are less-than-fee interest, for
1718 partnerships in which the state’s portion of the acquisition
1719 cost is no more than 50 percent, or for conservation lands
1720 needed for military buffering or springs or water resources
1721 protection.
1722
1723 This paragraph expires July 1, 2015.
1724 Section 48. In order to implement Specific Appropriations
1725 1707B, 1724A, 1724B, and 1817A of the 2015-2016 General
1726 Appropriations Act, paragraph (d) of subsection (11) of section
1727 216.181, Florida Statutes, is amended to read:
1728 216.181 Approved budgets for operations and fixed capital
1729 outlay.—
1730 (11)
1731 (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
1732 for the 2015-2016 2014-2015 fiscal year only, the Legislative
1733 Budget Commission may increase the amounts appropriated to the
1734 Fish and Wildlife Conservation Commission or the Department of
1735 Environmental Protection for fixed capital outlay projects,
1736 including additional fixed capital outlay projects, using funds
1737 provided to the state from the Gulf Environmental Benefit Fund
1738 administered by the National Fish and Wildlife Foundation; funds
1739 provided to the state from the Gulf Coast Restoration Trust Fund
1740 related to the Resources and Ecosystems Sustainability, Tourist
1741 Opportunities, and Revived Economies of the Gulf Coast Act of
1742 2012 (RESTORE Act); or funds provided by the British Petroleum
1743 Corporation (BP) for natural resource damage assessment early
1744 restoration projects. Concurrent with submission of an amendment
1745 to the Legislative Budget Commission pursuant to this paragraph,
1746 any project that carries a continuing commitment for future
1747 appropriations by the Legislature must be specifically
1748 identified, together with the projected amount of the future
1749 commitment associated with the project and the fiscal years in
1750 which the commitment is expected to commence. This paragraph
1751 expires July 1, 2016 2015.
1752
1753 The provisions of this subsection are subject to the notice and
1754 objection procedures set forth in s. 216.177.
1755 Section 49. In order to implement Specific Appropriation
1756 1690 of the 2015-2016 General Appropriations Act, paragraph (q)
1757 is added to subsection (4) of section 376.3071, Florida
1758 Statutes, to read:
1759 376.3071 Inland Protection Trust Fund; creation; purposes;
1760 funding.—
1761 (4) USES.—Whenever, in its determination, incidents of
1762 inland contamination related to the storage of petroleum or
1763 petroleum products may pose a threat to the public health,
1764 safety, or welfare, water resources, or the environment, the
1765 department shall obligate moneys available in the fund to
1766 provide for:
1767 (q) Payments for program deductibles, copayments, and
1768 limited contamination assessment reports that otherwise would be
1769 paid by another state agency for state-funded petroleum
1770 contamination site rehabilitation. This paragraph expires July
1771 1, 2016.
1772
1773 The Inland Protection Trust Fund may only be used to fund the
1774 activities in ss. 376.30-376.317 except ss. 376.3078 and
1775 376.3079. Amounts on deposit in the fund in each fiscal year
1776 shall first be applied or allocated for the payment of amounts
1777 payable by the department pursuant to paragraph (n) under a
1778 service contract entered into by the department pursuant to s.
1779 376.3075 and appropriated in each year by the Legislature before
1780 making or providing for other disbursements from the fund. This
1781 subsection does not authorize the use of the fund for cleanup of
1782 contamination caused primarily by a discharge of solvents as
1783 defined in s. 206.9925(6), or polychlorinated biphenyls when
1784 their presence causes them to be hazardous wastes, except
1785 solvent contamination which is the result of chemical or
1786 physical breakdown of petroleum products and is otherwise
1787 eligible. Facilities used primarily for the storage of motor or
1788 diesel fuels as defined in ss. 206.01 and 206.86 are not
1789 excluded from eligibility pursuant to this section.
1790 Section 50. In order to implement Specific Appropriation
1791 1633 of the 2015-2016 General Appropriations Act, subsection (6)
1792 of section 381.0065, Florida Statutes, is amended to read:
1793 381.0065 Onsite sewage treatment and disposal systems;
1794 regulation.—
1795 (6) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective June
1796 30 January 1, 2016, the land application of septage from onsite
1797 sewage treatment and disposal systems is prohibited.
1798 Section 51. The amendment made by this act to s.
1799 381.0065(6), Florida Statutes, expires July 1, 2016, and the
1800 text of that subsection shall revert to that in existence on
1801 June 30, 2015, except that any amendments to such text enacted
1802 other than by this act shall be preserved and continue to
1803 operate to the extent that such amendments are not dependent
1804 upon the portions of text which expire pursuant to this section.
1805 Section 52. In order to implement Specific Appropriation
1806 1439 of the 2015-2016 General Appropriations Act, subsection (4)
1807 of section 388.261, Florida Statutes, is amended to read:
1808 388.261 State aid to counties and districts for arthropod
1809 control; distribution priorities and limitations.—
1810 (4)(a) Up to 20 percent of the annual funds appropriated to
1811 local governments for arthropod control may be used for
1812 arthropod control research or demonstration projects as approved
1813 by the department.
1814 (b) Notwithstanding paragraph (a), and for the 2015-2016
1815 fiscal year only, up to 40 percent of the annual funds
1816 appropriated to local governments for arthropod control may be
1817 used for arthropod control research or demonstration projects as
1818 approved by the department. This paragraph expires July 1, 2016.
1819 Section 53. In order to implement Specific Appropriation
1820 1689A of the 2015-2016 General Appropriations Act, subsection
1821 (5) is added to section 403.709, Florida Statutes, to read:
1822 403.709 Solid Waste Management Trust Fund; use of waste
1823 tire fees.—There is created the Solid Waste Management Trust
1824 Fund, to be administered by the department.
1825 (5)(a) Notwithstanding subsection (1), a solid waste
1826 landfill closure account is established within the Solid Waste
1827 Management Trust Fund to provide funding for the closing and
1828 long-term care of solid waste management facilities. The
1829 department may use funds from the account to contract with a
1830 third party for the closing and long-term care of a solid waste
1831 management facility if:
1832 1. The facility has or had a department permit to operate
1833 the facility;
1834 2. The permittee provided proof of financial assurance for
1835 closure in the form of an insurance certificate;
1836 3. The facility is deemed to be abandoned or was ordered to
1837 close by the department;
1838 4. Closure is accomplished in substantial accordance with a
1839 closure plan approved by the department; and
1840 5. The department has written documentation that the
1841 insurance company issuing the closure insurance policy will
1842 provide or reimburse the funds required to complete closing and
1843 long-term care of the facility.
1844 (b) The department shall deposit the funds received from
1845 the insurance company as reimbursement for the costs of closing
1846 or long-term care of the facility into the solid waste landfill
1847 closure account.
1848 (c) This subsection expires July 1, 2016.
1849 Section 54. Effective upon becoming a law, in order to
1850 implement specific appropriations from the land acquisition
1851 trust funds within the Department of Agriculture and Consumer
1852 Services, the Department of Environmental Protection, the
1853 Department of State, and the Fish and Wildlife Conservation
1854 Commission which are contained in the 2015-2016 General
1855 Appropriations Act, subsection (3) is added to section 215.18,
1856 Florida Statutes, to read:
1857 215.18 Transfers between funds; limitation.—
1858 (3) Notwithstanding subsection (1) and only with respect to
1859 a land acquisition trust fund in the Department of Agriculture
1860 and Consumer Services, the Department of Environmental
1861 Protection, the Department of State, or the Fish and Wildlife
1862 Conservation Commission, whenever there is a deficiency in a
1863 land acquisition trust fund which would render that trust fund
1864 temporarily insufficient to meet its just requirements,
1865 including the timely payment of appropriations from that trust
1866 fund, and other trust funds in the State Treasury have moneys
1867 that are for the time being or otherwise in excess of the
1868 amounts necessary to meet the just requirements, including
1869 appropriated obligations, of those other trust funds, the
1870 Governor may order a temporary transfer of moneys from one or
1871 more of the other trust funds to a land acquisition trust fund
1872 in the Department of Agriculture and Consumer Services, the
1873 Department of Environmental Protection, the Department of State,
1874 or the Fish and Wildlife Conservation Commission. Any action
1875 proposed pursuant to this subsection is subject to the notice,
1876 review, and objection procedures of s. 216.177, and the Governor
1877 shall provide notice of such action at least 7 days before the
1878 effective date of the transfer of trust funds, except that
1879 during July 2015, notice of such action shall be provided at
1880 least 3 days before the effective date of a transfer unless such
1881 3-day notice is waived by the chair and vice-chair of the
1882 Legislative Budget Commission. Any transfer of trust funds to a
1883 land acquisition trust fund in the Department of Agriculture and
1884 Consumer Services, the Department of Environmental Protection,
1885 the Department of State, or the Fish and Wildlife Conservation
1886 Commission must be repaid to the trust funds from which the
1887 moneys were loaned by the end of the 2015-2016 fiscal year. The
1888 Legislature has determined that the repayment of the other trust
1889 fund moneys temporarily loaned to a land acquisition trust fund
1890 in the Department of Agriculture and Consumer Services, the
1891 Department of Environmental Protection, the Department of State,
1892 or the Fish and Wildlife Conservation Commission pursuant to
1893 this subsection is an allowable use of the moneys in a land
1894 acquisition trust fund because the moneys from other trust funds
1895 temporarily loaned to a land acquisition trust fund shall be
1896 expended solely and exclusively in accordance with s. 28, Art. X
1897 of the State Constitution. This subsection expires July 1, 2016.
1898 Section 55. In order to implement specific appropriations
1899 from trust funds within the Department of Agriculture and
1900 Consumer Services, the Department of Environmental Protection,
1901 the Department of State, and the Fish and Wildlife Conservation
1902 Commission which are contained in the 2015-2016 General
1903 Appropriations Act and notwithstanding s. 216.292, Florida
1904 Statutes, the Department of Agriculture and Consumer Services,
1905 the Department of Environmental Protection, the Department of
1906 State, and the Fish and Wildlife Conservation Commission may
1907 submit one or more budget amendments, as necessary, to realign
1908 funding, to increase operating or nonoperating budget authority
1909 from trust funds, or to transfer trust funds, between agencies
1910 or budget entities, as needed to implement provisions of SB
1911 2516-A, 2520-A, or 2522-A or similar legislation enacted during
1912 the 2015 Regular Session of the Legislature or the 2015 Special
1913 Session A, including any extension thereof, to implement s. 28,
1914 Article X of the State Constitution. A budget amendment is
1915 subject to the notice, review, and objection procedures of s.
1916 216.177, Florida Statutes. This section expires July 1, 2016.
1917 Section 56. (1) In order to implement specific
1918 appropriations from the land acquisition trust funds within the
1919 Department of Agriculture and Consumer Services, the Department
1920 of Environmental Protection, the Department of State, and the
1921 Fish and Wildlife Conservation Commission which are contained in
1922 the 2015-2016 General Appropriations Act, the Department of
1923 Environmental Protection shall transfer revenues deposited into
1924 the Land Acquisition Trust Fund within the department to the
1925 land acquisition trust funds within the Department of
1926 Agriculture and Consumer Services, the Department of State, and
1927 the Fish and Wildlife Conservation Commission, as provided in
1928 this section. As used in this section, the term “department”
1929 means the Department of Environmental Protection.
1930 (2) After subtracting any required debt service payments,
1931 the proportionate share of revenues to be transferred to a land
1932 acquisition trust fund shall be calculated by dividing the
1933 appropriations from each of the land acquisition trust funds for
1934 the fiscal year by the total appropriations from the Land
1935 Acquisition Trust Fund within the department and the land
1936 acquisition trust funds within the Department of Agriculture and
1937 Consumer Services, the Department of State, and the Fish and
1938 Wildlife Commission for the fiscal year. The department shall
1939 transfer a proportionate share of the revenues deposited into
1940 the Land Acquisition Trust Fund within the department on a
1941 monthly basis to the land acquisition trust funds within the
1942 Department of Agriculture and Consumer Services, the Department
1943 of State, and the Fish and Wildlife Commission and shall retain
1944 a proportionate share of the revenues in the Land Acquisition
1945 Trust Fund within the department. Total distributions to a land
1946 acquisition trust fund within the Department of Agriculture and
1947 Consumer Services, the Department of State, and the Fish and
1948 Wildlife Commission may not exceed the total appropriations from
1949 such trust fund for the fiscal year.
1950 (3) This section expires July 1, 2016.
1951 Section 57. In order to implement Specific Appropriation
1952 1489B of the 2015-2016 General Appropriations Act and
1953 notwithstanding chapter 253, Florida Statutes, and s. 270.22,
1954 Florida Statutes, the Board of Trustees of the Internal
1955 Improvement Trust Fund is directed to sell, through a
1956 competitive solicitation, a portion of the property described as
1957 the land lying south of Carroll Street in Osceola County
1958 described as the north half of the northeast quarter of the
1959 southwest quarter of section nine, township twenty-five south,
1960 range twenty-nine east for not less than the property’s
1961 appraised value. All net proceeds from the sale shall be
1962 deposited into the General Inspection Trust Fund within the
1963 Department of Agriculture and Consumer Services. This section
1964 expires July 1, 2016.
1965 Section 58. In order to implement Specific Appropriation
1966 1568A of the 2015-2016 General Appropriations Act and
1967 notwithstanding chapter 253 and s. 270.22, Florida Statutes, the
1968 Board of Trustees of the Internal Improvement Trust Fund shall
1969 provide the University of South Florida Sarasota-Manatee with
1970 the proceeds from the sale of a parcel of state land involving
1971 the University of South Florida Sarasota-Manatee’s campus
1972 bookstore/Viking property to the Sarasota Manatee Airport
1973 Authority. This section expires July 1, 2016.
1974 Section 59. In order to implement Specific Appropriation
1975 2644 of the 2015-2016 General Appropriations Act and
1976 notwithstanding s. 287.057, Florida Statutes, the Department of
1977 Highway Safety and Motor Vehicles may extend its existing
1978 contract for driver license equipment and consumables through
1979 December 31, 2017, provided the price of each driver license and
1980 identification card as of March 1, 2015, does not increase. The
1981 contract extension must be executed on behalf of the department
1982 and the contractor no later than August 1, 2015. This section
1983 expires July 1, 2016.
1984 Section 60. In order to implement Specific Appropriation
1985 2645 of the 2015-2016 General Appropriations Act, the Department
1986 of Highway Safety and Motor Vehicles shall contract with the
1987 corporation organized pursuant to part II of chapter 946,
1988 Florida Statutes, to manufacture the current or newly redesigned
1989 license plates, such contract being in the same manner and for
1990 the same price as that paid by the department during the 2013
1991 2014 fiscal year. The corporation shall seek sealed bids for the
1992 reflectorized sheeting used in the manufacture of such license
1993 plates, and in the event the sealed bids result in any savings
1994 in the sheeting costs, the corporation shall credit to the
1995 department an amount equal to 70 percent of the savings. The
1996 name of the county may not appear on any redesigned license
1997 plate. This section expires July 1, 2016.
1998 Section 61. In order to implement Specific Appropriation
1999 1916 of the 2015-2016 General Appropriations Act, paragraph (i)
2000 of subsection (4) and paragraph (b) of subsection (5) of section
2001 339.135, Florida Statutes, are amended to read:
2002 339.135 Work program; legislative budget request;
2003 definitions; preparation, adoption, execution, and amendment.—
2004 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
2005 (i) Notwithstanding paragraph (a), and for the 2015-2016
2006 2014-2015 fiscal year only, the Department of Transportation
2007 shall may use appropriated funds to support the establishment of
2008 a statewide system of interconnected multiuse trails and to pay
2009 the costs of planning, land acquisition, design, and
2010 construction of such trails and related facilities. Funds
2011 specifically appropriated for this purpose may not reduce,
2012 delete, or defer any existing projects funded as of July 1, 2015
2013 2014, in the department’s 5-year work program. This paragraph
2014 expires July 1, 2016 2015.
2015 (5) ADOPTION OF THE WORK PROGRAM.—
2016 (b) Notwithstanding paragraph (a), and for the 2015-2016
2017 2014-2015 fiscal year only, the department shall may use
2018 appropriated funds to support the establishment of a statewide
2019 system of interconnected multiuse trails and to pay the costs of
2020 planning, land acquisition, design, and construction of such
2021 trails and related facilities. Funds specifically appropriated
2022 for this purpose may not reduce, delete, or defer any existing
2023 projects funded as of July 1, 2015 2014, in the department’s 5
2024 year work program. This paragraph expires July 1, 2016 2015.
2025 Section 62. In order to implement Specific Appropriation
2026 1911 of the 2015-2016 General Appropriations Act, subsection (2)
2027 of section 339.2818, Florida Statutes, is amended to read:
2028 339.2818 Small County Outreach Program.—
2029 (2)(a) For the purposes of this section, the term “small
2030 county” means any county that has a population of 150,000 or
2031 less as determined by the most recent official estimate pursuant
2032 to s. 186.901.
2033 (b) Notwithstanding paragraph (a), for the 2015-2016 fiscal
2034 year, for purposes of this section, the term “small county”
2035 means any county that has a population of 165,000 or less as
2036 determined by the most recent official estimate pursuant to s.
2037 186.901. This paragraph expires July 1, 2016.
2038 Section 63. In order to implement Specific Appropriation
2039 1894 of the 2015-2016 General Appropriations Act, subsection
2040 (10) of section 341.302, Florida Statutes, is reenacted to read:
2041 341.302 Rail program; duties and responsibilities of the
2042 department.—The department, in conjunction with other
2043 governmental entities, including the rail enterprise and the
2044 private sector, shall develop and implement a rail program of
2045 statewide application designed to ensure the proper maintenance,
2046 safety, revitalization, and expansion of the rail system to
2047 assure its continued and increased availability to respond to
2048 statewide mobility needs. Within the resources provided pursuant
2049 to chapter 216, and as authorized under federal law, the
2050 department shall:
2051 (10)(a) Administer rail operating and construction
2052 programs, which programs shall include the regulation of maximum
2053 train operating speeds, the opening and closing of public grade
2054 crossings, the construction and rehabilitation of public grade
2055 crossings, the installation of traffic control devices at public
2056 grade crossings, the approval and implementation of quiet zones,
2057 and administration of the programs by the department, including
2058 participation in the cost of the programs.
2059 (b) Provide grant funding to assist with the implementation
2060 of quiet zones that have been approved by the department, which
2061 funding may not exceed 50 percent of the nonfederal and
2062 nonprivate share of the total costs of any quiet zone capital
2063 improvement project.
2064 (c) Coordinate and work closely with local, state, and
2065 federal agencies to provide technical support to local agencies
2066 for the development of quiet zone plans.
2067 (d) Monitor crossing incidents at approved quiet zone
2068 locations and suspend the operation of a quiet zone at any time
2069 the department determines that a significant deterioration in
2070 safety is resulting from quiet zone implementation.
2071 Section 64. The amendment to s. 341.302(10), Florida
2072 Statutes, as carried forward by this act from chapter 2014-53,
2073 Laws of Florida, expires July 1, 2016, and the text of that
2074 subsection shall revert to that in existence on June 30, 2014,
2075 except that any amendments to such text enacted other than by
2076 this act shall be preserved and continue to operate to the
2077 extent that such amendments are not dependent upon the portions
2078 of text which expire pursuant to this section.
2079 Section 65. In order to implement Specific Appropriation
2080 1910 of the 2015-2016 General Appropriations Act, subsection (3)
2081 of section 339.2816, Florida Statutes, is amended to read:
2082 339.2816 Small County Road Assistance Program.—
2083 (3) In the 2015-2016 fiscal year Beginning with fiscal year
2084 1999-2000 until fiscal year 2009-2010, and beginning again with
2085 fiscal year 2012-2013, up to $50 $25 million annually from the
2086 State Transportation Trust Fund may be used for the purposes of
2087 funding the Small County Road Assistance Program as described in
2088 this section.
2089 Section 66. The amendment made by this act to s.
2090 339.2816(3), Florida Statutes, expires July 1, 2016, and the
2091 text of that subsection shall revert to that in existence on
2092 June 30, 2015, except that any amendments to such text enacted
2093 other than by this act shall be preserved and continue to
2094 operate to the extent that such amendments are not dependent
2095 upon the portions of text which expire pursuant to this section.
2096 Section 67. In order to implement Specific Appropriation
2097 2241 of the 2015-2016 General Appropriations Act, subsection
2098 (10) is added to section 420.9072, Florida Statutes, to read:
2099 420.9072 State Housing Initiatives Partnership Program.—The
2100 State Housing Initiatives Partnership Program is created for the
2101 purpose of providing funds to counties and eligible
2102 municipalities as an incentive for the creation of local housing
2103 partnerships, to expand production of and preserve affordable
2104 housing, to further the housing element of the local government
2105 comprehensive plan specific to affordable housing, and to
2106 increase housing-related employment.
2107 (10) Notwithstanding ss. 420.9071(26) and 420.9075(5) and
2108 subsection (7), for the 2015-2016 fiscal year:
2109 (a) The term “rent subsidies” means ongoing monthly rental
2110 assistance.
2111 (b) Up to 25 percent of the funds made available in each
2112 county and each eligible municipality from the local housing
2113 distribution may be used for rental assistance and rent
2114 subsidies as provided in paragraph (c).
2115 (c) A county or an eligible municipality may expend its
2116 portion of the local housing distribution to provide the
2117 following types of rental assistance and rent subsidies:
2118 1. Security and utility deposit assistance.
2119 2. Eviction prevention subsidies not to exceed 6 months’
2120 rent.
2121 3. Rent subsidies for very-low-income households with at
2122 least one adult who is a person with special needs as defined in
2123 s. 420.0004 or a person who is homeless as defined in s. 420.621
2124 when the person initially qualified for a rent subsidy. The
2125 period of rental subsidy may not exceed 12 months for any
2126 eligible household or person.
2127 (d) This subsection expires July 1, 2016.
2128 Section 68. In order to implement Specific Appropriation
2129 2240 of the 2015-2016 General Appropriations Act, subsection
2130 (10) is added to section 420.5087, Florida Statutes, to read:
2131 420.5087 State Apartment Incentive Loan Program.—There is
2132 hereby created the State Apartment Incentive Loan Program for
2133 the purpose of providing first, second, or other subordinated
2134 mortgage loans or loan guarantees to sponsors, including for
2135 profit, nonprofit, and public entities, to provide housing
2136 affordable to very-low-income persons.
2137 (10)(a) Notwithstanding subsection (3), for the 2015-2016
2138 fiscal year, the reservation of funds for the tenant groups
2139 within each notice of fund availability shall be:
2140 1. Not less than 10 percent of the funds available at that
2141 time for the following tenant groups:
2142 a. Families;
2143 b. Persons who are homeless;
2144 c. Persons with special needs; and
2145 d. Elderly persons.
2146 2. Not less than 5 percent of the funds available at that
2147 time for the commercial fishing workers and farmworkers tenant
2148 group.
2149 (b) This subsection expires July 1, 2016.
2150 Section 69. (1) In order to implement Specific
2151 Appropriation 2250 of the 2015-2016 General Appropriations Act
2152 and notwithstanding any provision of the Florida Building Code
2153 or other provision of law, the following provisions shall not
2154 take effect until June 30, 2016:
2155 (a) Mandatory blower door testing for residential buildings
2156 or dwelling units as contained in Section R402.4.1.2 of the
2157 Florida Building Code, 5th Edition (2014) Energy Conservation
2158 Volume;
2159 (b) A second fire service access elevator as contained in
2160 Section 403.6.1 of the Florida Building Code, 5th Edition (2014)
2161 Building Volume; and
2162 (c) Mechanical ventilation for residential buildings or
2163 dwelling units as contained in Section R303.4 of the Florida
2164 Building Code, 5th Edition (2014) Residential Volume.
2165 (2) This section shall expire July 1, 2016.
2166 Section 70. In order to implement the salaries and
2167 benefits, expenses, other personal services, contracted
2168 services, special categories, and operating capital outlay
2169 categories of the 2015-2016 General Appropriations Act,
2170 paragraph (a) of subsection (2) of section 216.292, Florida
2171 Statutes, is reenacted to read:
2172 216.292 Appropriations nontransferable; exceptions.—
2173 (2) The following transfers are authorized to be made by
2174 the head of each department or the Chief Justice of the Supreme
2175 Court whenever it is deemed necessary by reason of changed
2176 conditions:
2177 (a) The transfer of appropriations funded from identical
2178 funding sources, except appropriations for fixed capital outlay,
2179 and the transfer of amounts included within the total original
2180 approved budget and plans of releases of appropriations as
2181 furnished pursuant to ss. 216.181 and 216.192, as follows:
2182 1. Between categories of appropriations within a budget
2183 entity, if no category of appropriation is increased or
2184 decreased by more than 5 percent of the original approved budget
2185 or $250,000, whichever is greater, by all action taken under
2186 this subsection.
2187 2. Between budget entities within identical categories of
2188 appropriations, if no category of appropriation is increased or
2189 decreased by more than 5 percent of the original approved budget
2190 or $250,000, whichever is greater, by all action taken under
2191 this subsection.
2192 3. Any agency exceeding salary rate established pursuant to
2193 s. 216.181(8) on June 30th of any fiscal year shall not be
2194 authorized to make transfers pursuant to subparagraphs 1. and 2.
2195 in the subsequent fiscal year.
2196 4. Notice of proposed transfers under subparagraphs 1. and
2197 2. shall be provided to the Executive Office of the Governor and
2198 the chairs of the legislative appropriations committees at least
2199 3 days prior to agency implementation in order to provide an
2200 opportunity for review.
2201 Section 71. The amendment to s. 216.292(2)(a), Florida
2202 Statutes, as carried forward by this act from chapter 2014-53,
2203 Laws of Florida, expires July 1, 2016, and the text of that
2204 paragraph shall revert to that in existence on June 30, 2014,
2205 except that any amendments to such text enacted other than by
2206 this act shall be preserved and continue to operate to the
2207 extent that such amendments are not dependent upon the portions
2208 of text which expire pursuant to this section.
2209 Section 72. In order to implement the appropriation of
2210 funds in the contracted services and expenses categories of the
2211 2015-2016 General Appropriations Act, a state agency may not
2212 initiate a competitive solicitation for a product or service if
2213 the completion of such competitive solicitation would:
2214 (1) Require a change in law; or
2215 (2) Require a change to the agency’s budget other than a
2216 transfer authorized in s. 216.292(2) or (3), Florida Statutes,
2217 unless the initiation of such competitive solicitation is
2218 specifically authorized in law, in the General Appropriations
2219 Act, or by the Legislative Budget Commission.
2220
2221 This section does not apply to a competitive solicitation for
2222 which the agency head certifies that a valid emergency exists.
2223 This section expires July 1, 2016.
2224 Section 73. In order to implement the appropriation of
2225 funds in the appropriation category “Special Categories-Risk
2226 Management Insurance” in the 2015-2016 General Appropriations
2227 Act, and pursuant to the notice, review, and objection
2228 procedures of s. 216.177, Florida Statutes, the Executive Office
2229 of the Governor may transfer funds appropriated in that category
2230 between departments in order to align the budget authority
2231 granted with the premiums paid by each department for risk
2232 management insurance. This section expires July 1, 2016.
2233 Section 74. In order to implement the appropriation of
2234 funds in the appropriation category “Special Categories-Transfer
2235 to Department of Management Services-Human Resources Services
2236 Purchased per Statewide Contract” in the 2015-2016 General
2237 Appropriations Act, and pursuant to the notice, review, and
2238 objection procedures of s. 216.177, Florida Statutes, the
2239 Executive Office of the Governor may transfer funds appropriated
2240 in that category between departments in order to align the
2241 budget authority granted with the assessments that must be paid
2242 by each agency to the Department of Management Services for
2243 human resource management services. This section expires July 1,
2244 2016.
2245 Section 75. In order to implement appropriations for
2246 salaries and benefits in the 2015-2016 General Appropriations
2247 Act, subsection (6) of section 112.24, Florida Statutes, is
2248 amended to read:
2249 112.24 Intergovernmental interchange of public employees.
2250 To encourage economical and effective utilization of public
2251 employees in this state, the temporary assignment of employees
2252 among agencies of government, both state and local, and
2253 including school districts and public institutions of higher
2254 education is authorized under terms and conditions set forth in
2255 this section. State agencies, municipalities, and political
2256 subdivisions are authorized to enter into employee interchange
2257 agreements with other state agencies, the Federal Government,
2258 another state, a municipality, or a political subdivision
2259 including a school district, or with a public institution of
2260 higher education. State agencies are also authorized to enter
2261 into employee interchange agreements with private institutions
2262 of higher education and other nonprofit organizations under the
2263 terms and conditions provided in this section. In addition, the
2264 Governor or the Governor and Cabinet may enter into employee
2265 interchange agreements with a state agency, the Federal
2266 Government, another state, a municipality, or a political
2267 subdivision including a school district, or with a public
2268 institution of higher learning to fill, subject to the
2269 requirements of chapter 20, appointive offices which are within
2270 the executive branch of government and which are filled by
2271 appointment by the Governor or the Governor and Cabinet. Under
2272 no circumstances shall employee interchange agreements be
2273 utilized for the purpose of assigning individuals to participate
2274 in political campaigns. Duties and responsibilities of
2275 interchange employees shall be limited to the mission and goals
2276 of the agencies of government.
2277 (6) For the 2015-2016 2014-2015 fiscal year only, the
2278 assignment of an employee of a state agency as provided in this
2279 section may be made if recommended by the Governor or Chief
2280 Justice, as appropriate, and approved by the chairs of the
2281 legislative appropriations committees. Such actions shall be
2282 deemed approved if neither chair provides written notice of
2283 objection within 14 days after receiving notice of the action
2284 pursuant to s. 216.177. This subsection expires July 1, 2016
2285 2015.
2286 Section 76. In order to implement Specific Appropriations
2287 2665 and 2666 of the 2015-2016 General Appropriations Act and
2288 notwithstanding s. 11.13(1), Florida Statutes, the authorized
2289 salaries for members of the Legislature for the 2015-2016 fiscal
2290 year shall be set at the same level in effect on July 1, 2010.
2291 This section expires July 1, 2016.
2292 Section 77. In order to implement the transfer of funds to
2293 the General Revenue Fund from trust funds in the 2015-2016
2294 General Appropriations Act, paragraph (b) of subsection (2) of
2295 section 215.32, Florida Statutes, is reenacted to read:
2296 215.32 State funds; segregation.—
2297 (2) The source and use of each of these funds shall be as
2298 follows:
2299 (b)1. The trust funds shall consist of moneys received by
2300 the state which under law or under trust agreement are
2301 segregated for a purpose authorized by law. The state agency or
2302 branch of state government receiving or collecting such moneys
2303 is responsible for their proper expenditure as provided by law.
2304 Upon the request of the state agency or branch of state
2305 government responsible for the administration of the trust fund,
2306 the Chief Financial Officer may establish accounts within the
2307 trust fund at a level considered necessary for proper
2308 accountability. Once an account is established, the Chief
2309 Financial Officer may authorize payment from that account only
2310 upon determining that there is sufficient cash and releases at
2311 the level of the account.
2312 2. In addition to other trust funds created by law, to the
2313 extent possible, each agency shall use the following trust funds
2314 as described in this subparagraph for day-to-day operations:
2315 a. Operations or operating trust fund, for use as a
2316 depository for funds to be used for program operations funded by
2317 program revenues, with the exception of administrative
2318 activities when the operations or operating trust fund is a
2319 proprietary fund.
2320 b. Operations and maintenance trust fund, for use as a
2321 depository for client services funded by third-party payors.
2322 c. Administrative trust fund, for use as a depository for
2323 funds to be used for management activities that are departmental
2324 in nature and funded by indirect cost earnings and assessments
2325 against trust funds. Proprietary funds are excluded from the
2326 requirement of using an administrative trust fund.
2327 d. Grants and donations trust fund, for use as a depository
2328 for funds to be used for allowable grant or donor agreement
2329 activities funded by restricted contractual revenue from private
2330 and public nonfederal sources.
2331 e. Agency working capital trust fund, for use as a
2332 depository for funds to be used pursuant to s. 216.272.
2333 f. Clearing funds trust fund, for use as a depository for
2334 funds to account for collections pending distribution to lawful
2335 recipients.
2336 g. Federal grant trust fund, for use as a depository for
2337 funds to be used for allowable grant activities funded by
2338 restricted program revenues from federal sources.
2339
2340 To the extent possible, each agency must adjust its internal
2341 accounting to use existing trust funds consistent with the
2342 requirements of this subparagraph. If an agency does not have
2343 trust funds listed in this subparagraph and cannot make such
2344 adjustment, the agency must recommend the creation of the
2345 necessary trust funds to the Legislature no later than the next
2346 scheduled review of the agency’s trust funds pursuant to s.
2347 215.3206.
2348 3. All such moneys are hereby appropriated to be expended
2349 in accordance with the law or trust agreement under which they
2350 were received, subject always to the provisions of chapter 216
2351 relating to the appropriation of funds and to the applicable
2352 laws relating to the deposit or expenditure of moneys in the
2353 State Treasury.
2354 4.a. Notwithstanding any provision of law restricting the
2355 use of trust funds to specific purposes, unappropriated cash
2356 balances from selected trust funds may be authorized by the
2357 Legislature for transfer to the Budget Stabilization Fund and
2358 General Revenue Fund in the General Appropriations Act.
2359 b. This subparagraph does not apply to trust funds required
2360 by federal programs or mandates; trust funds established for
2361 bond covenants, indentures, or resolutions whose revenues are
2362 legally pledged by the state or public body to meet debt service
2363 or other financial requirements of any debt obligations of the
2364 state or any public body; the Division of Licensing Trust Fund
2365 in the Department of Agriculture and Consumer Services; the
2366 State Transportation Trust Fund; the trust fund containing the
2367 net annual proceeds from the Florida Education Lotteries; the
2368 Florida Retirement System Trust Fund; trust funds under the
2369 management of the State Board of Education or the Board of
2370 Governors of the State University System, where such trust funds
2371 are for auxiliary enterprises, self-insurance, and contracts,
2372 grants, and donations, as those terms are defined by general
2373 law; trust funds that serve as clearing funds or accounts for
2374 the Chief Financial Officer or state agencies; trust funds that
2375 account for assets held by the state in a trustee capacity as an
2376 agent or fiduciary for individuals, private organizations, or
2377 other governmental units; and other trust funds authorized by
2378 the State Constitution.
2379 Section 78. The amendment to s. 215.32(2)(b), Florida
2380 Statutes, as carried forward by this act from chapter 2011-47,
2381 Laws of Florida, expires July 1, 2016, and the text of that
2382 paragraph shall revert to that in existence on June 30, 2011,
2383 except that any amendments to such text enacted other than by
2384 this act shall be preserved and continue to operate to the
2385 extent that such amendments are not dependent upon the portions
2386 of text which expire pursuant to this section.
2387 Section 79. In order to implement the issuance of new debt
2388 authorized in the 2015-2016 General Appropriations Act, and
2389 pursuant to s. 215.98, Florida Statutes, the Legislature
2390 determines that the authorization and issuance of debt for the
2391 2015-2016 fiscal year should be implemented and is in the best
2392 interest of the state. This section expires July 1, 2016.
2393 Section 80. In order to implement appropriations in the
2394 2015-2016 General Appropriations Act for state employee travel,
2395 the funds appropriated to each state agency which may be used
2396 for travel by state employees shall be limited during the 2015
2397 2016 fiscal year to travel for activities that are critical to
2398 each state agency’s mission. Funds may not be used for travel by
2399 state employees to foreign countries, other states, conferences,
2400 staff training activities, or other administrative functions
2401 unless the agency head has approved, in writing, that such
2402 activities are critical to the agency’s mission. The agency head
2403 shall consider using teleconferencing and other forms of
2404 electronic communication to meet the needs of the proposed
2405 activity before approving mission-critical travel. This section
2406 does not apply to travel for law enforcement purposes, military
2407 purposes, emergency management activities, or public health
2408 activities. This section expires July 1, 2016.
2409 Section 81. In order to implement Specific Appropriations
2410 2906 through 2927 of the 2015-2016 General Appropriations Act,
2411 funded from the data processing appropriation category for
2412 computing services of user agencies, and pursuant to the notice,
2413 review, and objection procedures of s. 216.177, Florida
2414 Statutes, the Executive Office of the Governor may transfer
2415 funds appropriated for data processing in the 2015-2016 General
2416 Appropriations Act between agencies in order to align the budget
2417 authority granted with the utilization rate of each department.
2418 This section expires July 1, 2016.
2419 Section 82. In order to implement the appropriation of
2420 funds in the appropriation category “Data Processing Services
2421 State Data Center-Agency for State Technology (AST)” in the
2422 2015-2016 General Appropriations Act, and pursuant to the
2423 notice, review, and objection procedures of s. 216.177, Florida
2424 Statutes, the Executive Office of the Governor may transfer
2425 funds appropriated in that category between departments in order
2426 to align the budget authority granted based on the estimated
2427 billing cycle and methodology used by the Agency for State
2428 Technology for data processing services provided by the State
2429 Data Center. This section expires July 1, 2016.
2430 Section 83. In order to implement appropriations authorized
2431 in the 2015-2016 General Appropriations Act for data center
2432 services, and notwithstanding s. 216.292(2)(a), Florida
2433 Statutes, except as authorized in sections 81 and 82 of this
2434 act, an agency may not transfer funds from a data processing
2435 category to a category other than another data processing
2436 category. This section expires July 1, 2016.
2437 Section 84. In order to implement Specific Appropriation
2438 2840 of the 2015-2016 General Appropriations Act, the Executive
2439 Office of the Governor may transfer funds appropriated in the
2440 appropriation category “Expenses” of the 2015-2016 General
2441 Appropriations Act between agencies in order to allocate a
2442 reduction relating to SUNCOM Network services. This section
2443 expires July 1, 2016.
2444 Section 85. In order to implement section 8 of the 2015
2445 2016 General Appropriations Act, section 110.12315, Florida
2446 Statutes, is reenacted to read:
2447 110.12315 Prescription drug program.—The state employees’
2448 prescription drug program is established. This program shall be
2449 administered by the Department of Management Services, according
2450 to the terms and conditions of the plan as established by the
2451 relevant provisions of the annual General Appropriations Act and
2452 implementing legislation, subject to the following conditions:
2453 (1) The department shall allow prescriptions written by
2454 health care providers under the plan to be filled by any
2455 licensed pharmacy pursuant to contractual claims-processing
2456 provisions. Nothing in this section may be construed as
2457 prohibiting a mail order prescription drug program distinct from
2458 the service provided by retail pharmacies.
2459 (2) In providing for reimbursement of pharmacies for
2460 prescription medicines dispensed to members of the state group
2461 health insurance plan and their dependents under the state
2462 employees’ prescription drug program:
2463 (a) Retail pharmacies participating in the program must be
2464 reimbursed at a uniform rate and subject to uniform conditions,
2465 according to the terms and conditions of the plan.
2466 (b) There shall be a 30-day supply limit for prescription
2467 card purchases, a 90-day supply limit for maintenance
2468 prescription drug purchases, and a 90-day supply limit for mail
2469 order or mail order prescription drug purchases.
2470 (c) The pharmacy dispensing fee shall be negotiated by the
2471 department.
2472 (3) Pharmacy reimbursement rates shall be as follows:
2473 (a) For mail order and specialty pharmacies contracting
2474 with the department, reimbursement rates shall be as established
2475 in the contract.
2476 (b) For retail pharmacies, the reimbursement rate shall be
2477 at the same rate as mail order pharmacies under contract with
2478 the department.
2479 (4) The department shall maintain the preferred brand name
2480 drug list to be used in the administration of the state
2481 employees’ prescription drug program.
2482 (5) The department shall maintain a list of maintenance
2483 drugs.
2484 (a) Preferred provider organization health plan members may
2485 have prescriptions for maintenance drugs filled up to three
2486 times as a 30-day supply through a retail pharmacy; thereafter,
2487 prescriptions for the same maintenance drug must be filled as a
2488 90-day supply either through the department’s contracted mail
2489 order pharmacy or through a retail pharmacy.
2490 (b) Health maintenance organization health plan members may
2491 have prescriptions for maintenance drugs filled as a 90-day
2492 supply either through a mail order pharmacy or through a retail
2493 pharmacy.
2494 (6) Copayments made by health plan members for a 90-day
2495 supply through a retail pharmacy shall be the same as copayments
2496 made for a 90-day supply through the department’s contracted
2497 mail order pharmacy.
2498 (7) The department shall establish the reimbursement
2499 schedule for prescription pharmaceuticals dispensed under the
2500 program. Reimbursement rates for a prescription pharmaceutical
2501 must be based on the cost of the generic equivalent drug if a
2502 generic equivalent exists, unless the physician prescribing the
2503 pharmaceutical clearly states on the prescription that the brand
2504 name drug is medically necessary or that the drug product is
2505 included on the formulary of drug products that may not be
2506 interchanged as provided in chapter 465, in which case
2507 reimbursement must be based on the cost of the brand name drug
2508 as specified in the reimbursement schedule adopted by the
2509 department.
2510 (8) The department shall conduct a prescription utilization
2511 review program. In order to participate in the state employees’
2512 prescription drug program, retail pharmacies dispensing
2513 prescription medicines to members of the state group health
2514 insurance plan or their covered dependents, or to subscribers or
2515 covered dependents of a health maintenance organization plan
2516 under the state group insurance program, shall make their
2517 records available for this review.
2518 (9) The department shall implement such additional cost
2519 saving measures and adjustments as may be required to balance
2520 program funding within appropriations provided, including a
2521 trial or starter dose program and dispensing of long-term
2522 maintenance medication in lieu of acute therapy medication.
2523 (10) Participating pharmacies must use a point-of-sale
2524 device or an online computer system to verify a participant’s
2525 eligibility for coverage. The state is not liable for
2526 reimbursement of a participating pharmacy for dispensing
2527 prescription drugs to any person whose current eligibility for
2528 coverage has not been verified by the state’s contracted
2529 administrator or by the department.
2530 (11) Under the state employees’ prescription drug program
2531 copayments must be made as follows:
2532 (a) Effective January 1, 2013, for the State Group Health
2533 Insurance Standard Plan:
2534 1. For generic drug with card.........................$7.
2535 2. For preferred brand name drug with card...........$30.
2536 3. For nonpreferred brand name drug with card........$50.
2537 4. For generic mail order drug.......................$14.
2538 5. For preferred brand name mail order drug..........$60.
2539 6. For nonpreferred brand name mail order drug......$100.
2540 (b) Effective January 1, 2006, for the State Group Health
2541 Insurance High Deductible Plan:
2542 1. Retail coinsurance for generic drug with card.....30%.
2543 2. Retail coinsurance for preferred brand name drug with
2544 card........................................................30%.
2545 3. Retail coinsurance for nonpreferred brand name drug with
2546 card........................................................50%.
2547 4. Mail order coinsurance for generic drug...........30%.
2548 5. Mail order coinsurance for preferred brand name drug30%.
2549 6. Mail order coinsurance for nonpreferred brand name
2550 drug........................................................50%.
2551 (c) The department shall create a preferred brand name drug
2552 list to be used in the administration of the state employees’
2553 prescription drug program.
2554 Section 86. (1) The amendment to s. 110.12315(2)(b),
2555 Florida Statutes, as carried forward by this act from chapter
2556 2014-53, Laws of Florida, expires July 1, 2016, and the text of
2557 that paragraph shall revert to that in existence on June 30,
2558 2012, except that any amendments to such text enacted other than
2559 by this act shall be preserved and continue to operate to the
2560 extent that such amendments are not dependent upon the portions
2561 of text which expire pursuant to this section.
2562 (2) The amendments to s. 110.12315(2)(c) and (3)-(6),
2563 Florida Statutes, as carried forward by this act from chapter
2564 2014-53, Laws of Florida, expire July 1, 2016, and the text of
2565 that paragraph and the text and numbering of those subsections
2566 shall revert to that in existence on June 30, 2014, except that
2567 any amendments to such text enacted other than by this act shall
2568 be preserved and continue to operate to the extent that such
2569 amendments are not dependent upon the portions of text that
2570 expire pursuant to this section.
2571 (3) The amendment to s. 110.12315(7), Florida Statutes, as
2572 carried forward by this act from chapter 2014-53, Laws of
2573 Florida, expires July 1, 2016, and shall revert to the text of
2574 that subsection in existence on December 31, 2010, except that
2575 any amendments to such text enacted other than by this act shall
2576 be preserved and continue to operate to the extent that such
2577 amendments are not dependent upon the portions of text which
2578 expire pursuant to this section.
2579 Section 87. Any section of this act which implements a
2580 specific appropriation or specifically identified proviso
2581 language in the 2015-2016 General Appropriations Act is void if
2582 the specific appropriation or specifically identified proviso
2583 language is vetoed. Any section of this act which implements
2584 more than one specific appropriation or more than one portion of
2585 specifically identified proviso language in the 2015-2016
2586 General Appropriations Act is void if all the specific
2587 appropriations or portions of specifically identified proviso
2588 language are vetoed.
2589 Section 88. If any other act passed during the 2015 Special
2590 Session A of the Legislature contains a provision that is
2591 substantively the same as a provision in this act, but that
2592 removes or is otherwise not subject to the future repeal applied
2593 to such provision by this act, the Legislature intends that the
2594 provision in the other act takes precedence and continues to
2595 operate, notwithstanding the future repeal provided by this act.
2596 Section 89. If any law amended by this act was also amended
2597 by a law enacted during the 2015 Regular Session of the
2598 Legislature, such laws shall be construed as if enacted during
2599 the same session of the Legislature, and full effect shall be
2600 given to each if possible.
2601 Section 90. If any provision of this act or its application
2602 to any person or circumstance is held invalid, the invalidity
2603 does not affect other provisions or applications of the act
2604 which can be given effect without the invalid provision or
2605 application, and to this end the provisions of this act are
2606 severable.
2607 Section 91. Except as otherwise expressly provided in this
2608 act and except for this section, which shall take effect upon
2609 this act becoming a law, this act shall take effect July 1,
2610 2015, or, if this act fails to become a law until after that
2611 date, it shall take effect upon becoming a law and operate
2612 retroactively to July 1, 2015.
2613
2614 ================= T I T L E A M E N D M E N T ================
2615 And the title is amended as follows:
2616 Delete everything before the enacting clause
2617 and insert:
2618 A bill to be entitled
2619 An act implementing the 2015-2016 General
2620 Appropriations Act; providing legislative intent;
2621 incorporating by reference certain calculations of the
2622 Florida Education Finance Program; providing that
2623 funds for instructional materials must be released and
2624 expended as required in specified proviso language;
2625 specifying the required ad valorem tax millage
2626 contribution by certain district school boards for
2627 certain funded construction projects; amending s.
2628 1002.385, F.S.; revising the definition of the term
2629 “disability” for purposes of the Florida Personal
2630 Learning Scholarship Accounts Program; revising
2631 program eligibility criteria and program prohibitions
2632 for such accounts; requiring that authorized program
2633 funds be used to support the student’s educational
2634 needs; authorizing program funds to be spent for
2635 tuition and fees for certain part-time tutoring
2636 services; revising the obligations of the Department
2637 of Education with respect to the program; revising the
2638 authority of the Commissioner of Education to deny,
2639 suspend, or revoke certain program participation and
2640 use of program funds; specifying maximum periods for
2641 certain suspensions and revocations; authorizing the
2642 commissioner to recover program funds through certain
2643 means; specifying priority for participation in the
2644 program; revising information that must be provided
2645 for the program by scholarship-funding organizations
2646 and parents of applicants; specifying priority for
2647 timely filed applications for wait-list purposes;
2648 requiring verification of expenditures based on
2649 certain requirements; revising funding and payment
2650 provisions for the program; amending s. 1002.395,
2651 F.S.; revising the surety bond or letter of credit
2652 requirements for nonprofit scholarship-funding
2653 organizations submitting initial or renewal
2654 scholarship program participation applications;
2655 amending s. 1011.62, F.S.; extending by 1 fiscal year
2656 the requirement that certain funds be used by school
2657 districts that have at least one of certain lowest
2658 performing elementary schools to provide specified
2659 additional intensive reading instruction; specifying
2660 for purposes of the 2015-2016 fiscal year that certain
2661 lowest-performing elementary schools shall be those
2662 identified during the 2014-2015 fiscal year;
2663 specifying requirements for the calculation of surplus
2664 for the prior period funding adjustment millage;
2665 revising the computation of the district sparsity
2666 index for districts with a specified full-time
2667 equivalent student membership; deleting obsolete
2668 language; revising the dates by which district school
2669 boards shall submit a digital classrooms plan;
2670 requiring the Department of Education to confirm that
2671 districts have completed certain requirements prior to
2672 a specified distribution of Florida digital classrooms
2673 allocation funds; requiring the department, in
2674 consultation with the Agency for State Technology, to
2675 contract with an independent third party entity to
2676 conduct an assessment of the digital readiness of each
2677 school district and public school; specifying
2678 requirements for the contracted entity; creating a
2679 federally connected student supplement for school
2680 districts; specifying eligibility requirements and
2681 calculations for allocations of the supplement;
2682 conforming cross-references; amending s. 1011.71,
2683 F.S.; conforming a cross-reference; providing for the
2684 future expiration and reversion of specified statutory
2685 text; amending s. 1012.75, F.S.; requiring the
2686 Department of Education to administer an educator
2687 liability insurance program for certain full-time
2688 instructional personnel; requiring district school
2689 boards to define certain terms; defining the term
2690 “instructional personnel”; requiring a minimum amount
2691 of coverage for full-time instructional personnel;
2692 authorizing liability coverage for other specified
2693 personnel; providing notification requirements;
2694 requiring the department to consult with the
2695 Department of Financial Services to select specified
2696 means for implementing the insurance program; revising
2697 community service work requirements for the Florida
2698 Bright Futures Scholarship Program; amending s.
2699 1008.46, F.S.; revising the deadline for the annual
2700 accountability report that must be submitted by the
2701 Board of Governors of the State University System;
2702 providing for the future expiration and reversion of
2703 specified statutory text; creating s. 1001.92, F.S.;
2704 requiring a State University System Performance-Based
2705 Incentive to be awarded to state universities using
2706 certain performance-based metrics and benchmarks
2707 adopted by the Board of Governors; specifying
2708 allocation of the funds; requiring certain funds to be
2709 withheld from, and certain improvement plans to be
2710 submitted to the board by, state universities based on
2711 specified performance; specifying monitoring and
2712 reporting requirements for the improvement plans;
2713 providing for the receipt of certain withheld funds by
2714 state universities that make satisfactory progress on
2715 implementing improvement plans; requiring certain
2716 distribution of performance funding; requiring the
2717 board to submit a certain report on the previous
2718 year’s performance funding allocation by a specified
2719 date to the Governor and the Legislature; requiring
2720 the State Board of Education to adopt certain
2721 performance metrics and benchmarks for the Florida
2722 College System Performance-Based Incentive; specifying
2723 allocation of the funds; requiring certain funds to be
2724 withheld from, and certain improvement plans to be
2725 submitted to the board by, institutions based on
2726 specified performance; specifying monitoring and
2727 reporting requirements for the improvement plans;
2728 requiring the withholding of certain funds until a
2729 monitoring report is approved by the board;
2730 authorizing the Office of Early Learning to allocate
2731 or reallocate funds held by the Child Care Executive
2732 Partnership Program for certain purposes related to
2733 child care or school readiness; establishing
2734 requirements for the release and expenditure of such
2735 funds; providing requirements governing the
2736 continuation, management, and oversight of the
2737 Department of Health’s Florida Onsite Sewage Nitrogen
2738 Reduction Strategies Study; authorizing the current
2739 contract to be extended until the study is completed;
2740 prohibiting a state agency from adopting or
2741 implementing certain rules or policies before the
2742 study is completed; authorizing the department to
2743 allow installation of experimental sewage treatment
2744 systems at home sites; amending s. 20.435, F.S.;
2745 revising the authorized uses of funds in the Medical
2746 Quality Assurance Trust Fund; authorizing the Agency
2747 for Health Care Administration to submit a budget
2748 amendment to realign funding based upon a specified
2749 model, methodology, and framework; specifying
2750 requirements for such realignment;
2751 prioritizing which categories of individuals on the
2752 wait list of the Agency for Persons with Disabilities
2753 shall be offered slots in the Medicaid home and
2754 community-based waiver programs; requiring that the
2755 Agency for Persons with Disabilities provide waiver
2756 services and that community-based care lead agencies
2757 provide certain funding and services for specified
2758 individuals who need waiver and extended foster care
2759 services; requiring an individual to be allowed to
2760 receive home and community-based services if his or
2761 her parent or guardian is an active-duty servicemember
2762 transferred to this state under certain circumstances;
2763 providing that individuals remaining on the wait list
2764 are not entitled to a hearing in accordance with
2765 federal law or administrative proceeding under state
2766 law; specifying the requirements that apply to the
2767 iBudgets of clients on the home and community-based
2768 services waiver until the Agency for Persons with
2769 Disabilities adopts a new allocation algorithm and
2770 methodology by final rule; providing for application
2771 of the new allocation algorithm and methodology after
2772 adoption of the final rule; providing requirements for
2773 an increase in iBudget funding allocations; amending
2774 s. 296.37, F.S.; extending for 1 fiscal year the
2775 requirement that certain residents of a veterans’
2776 nursing home contribute to their maintenance and
2777 support; amending s. 393.067, F.S.; deleting obsolete
2778 provisions; specifying that the Agency for Persons
2779 with Disabilities is not required to contract with
2780 certain licensed facilities; providing for the future
2781 expiration and reversion of specified statutory text;
2782 amending s. 393.18, F.S.; revising residency
2783 limitations for comprehensive transitional education
2784 programs; providing applicability; deleting provisions
2785 relating to licensure for such programs and certain
2786 facilities providing residential services for children
2787 who need behavioral services; providing for the future
2788 expiration and reversion of specified statutory text;
2789 requiring the Agency for Health Care Administration to
2790 ensure that nursing facility residents who are
2791 eligible for funds to transition to home and
2792 community-based services waivers have resided in a
2793 skilled nursing facility residency for a specified
2794 period; requiring the Agency for Health Care
2795 Administration and the Department of Elderly Affairs
2796 to prioritize individuals for enrollment in the
2797 Medicaid Long-Term Care Waiver program using a certain
2798 frailty-based screening; authorizing the Agency for
2799 Health Care Administration to adopt rules and enter
2800 into certain interagency agreements with respect to
2801 program enrollment; authorizing the delegation of
2802 certain responsibilities with respect to program
2803 enrollment; authorizing the Agency for Health Care
2804 Administration, in consultation with the Department of
2805 Health, to submit a budget amendment to reflect
2806 certain enrollment changes within the Children’s
2807 Medical Services Network; authorizing the agency to
2808 submit a request for nonoperating budget authority to
2809 transfer federal funds to the Department of Health
2810 under certain circumstances; providing that certain
2811 funds provided for training purposes shall be
2812 allocated to community-based lead agencies based on a
2813 training needs assessment conducted by the Department
2814 of Children and Families; authorizing a Program of
2815 All-Inclusive Care for the Elderly (PACE) organization
2816 granted certain enrollee slots for frail elders
2817 residing in Broward County to use the slots for
2818 enrollees residing in Miami-Dade County under certain
2819 circumstances; amending s. 893.055, F.S.; authorizing
2820 the Department of Health to use certain funds to
2821 administer the prescription drug monitoring program;
2822 prohibiting the use of funds received from a
2823 settlement agreement to administer the program;
2824 amending s. 216.262, F.S.; extending for 1 fiscal year
2825 the authority of the Department of Corrections to
2826 submit a budget amendment for additional positions and
2827 appropriations under certain circumstances;
2828 authorizing the Department of Legal Affairs to expend
2829 certain appropriated funds on programs that were
2830 funded by the department from specific appropriations
2831 in general appropriations acts in previous years;
2832 amending s. 932.7055, F.S.; extending for 1 fiscal
2833 year the authority for a municipality to expend funds
2834 from its special law enforcement trust fund to
2835 reimburse its general fund for certain moneys;
2836 amending s. 215.18, F.S.; extending for 1 fiscal year
2837 the authority and related repayment requirements for
2838 trust fund loans to the state court system which are
2839 sufficient to meet the system’s appropriation;
2840 prohibiting the Department of Corrections from
2841 transferring funds from a salaries and benefits
2842 category to another category unless approved by the
2843 Legislative Budget Commission; requiring the
2844 Department of Juvenile Justice to review county
2845 juvenile detention payments to determine if the county
2846 has met specified financial responsibilities;
2847 requiring amounts owed by the county for such
2848 financial responsibilities to be deducted from certain
2849 county funds; requiring the Department of Revenue to
2850 ensure that such deductions do not reduce
2851 distributions below amounts necessary for certain
2852 payments relating to bonds; requiring the Department
2853 of Revenue to notify the Department of Juvenile
2854 Justice if bond payment requirements require a
2855 reduction in deductions for amounts owed by a county;
2856 directing the Department of Management Services to use
2857 tenant broker services to renegotiate or reprocure
2858 private lease agreements for office or storage space;
2859 requiring the Department of Management Services to
2860 provide a report to the Governor and the Legislature
2861 by a specified date; reenacting s. 624.502, F.S.,
2862 relating to the deposit of fees for service of process
2863 made upon the Chief Financial Officer or the Director
2864 of the Office of Insurance Regulation into the
2865 Administrative Trust Fund; providing for the future
2866 expiration and reversion of specified statutory text;
2867 reenacting s. 282.709(2)(a), F.S., relating to the
2868 creation and membership of the Joint Task Force on
2869 State Agency Law Enforcement Communications; providing
2870 for the future expiration and reversion of specified
2871 statutory text; specifying the amount of the
2872 transaction fee to be collected for use of the online
2873 procurement system; requiring the Department of
2874 Management Services to determine a means of notifying
2875 vendors of the fee change; amending s. 216.292, F.S.;
2876 authorizing the Agency for State Technology under
2877 specified circumstances to transfer certain funds for
2878 purposes related to the migration of cloud-ready
2879 applications to a certain cloud solution; amending s.
2880 161.143, F.S.; extending by 1 fiscal year the
2881 directive that the amount allocated for inlet
2882 management funding is provided in the General
2883 Appropriations Act; amending s. 259.105, F.S.;
2884 revising the distribution of certain proceeds from
2885 cash payments or bonds issued pursuant to the Florida
2886 Forever Act; authorizing certain funds to be
2887 transferred to the Division of State Lands within the
2888 Department of Environmental Protection for a specified
2889 purpose; amending s. 216.181, F.S.; extending by 1
2890 fiscal year the authority for the Legislative Budget
2891 Commission to increase amounts appropriated to the
2892 Fish and Wildlife Conservation Commission or the
2893 Department of Environmental Protection for certain
2894 fixed capital outlay projects; amending s. 376.3071,
2895 F.S.; requiring the Department of Environmental
2896 Protection under specified circumstances to obligate
2897 moneys in the Inland Protection Trust Fund for certain
2898 items that otherwise would be paid by another state
2899 agency for state-funded petroleum contamination site
2900 rehabilitation; amending s. 381.0065, F.S.; revising
2901 the effective date for the future prohibition against
2902 the land application of septage from onsite treatment
2903 and disposal systems; providing for the future
2904 expiration and reversion of specified statutory text;
2905 amending s. 388.261, F.S.; increasing the percentage
2906 of annual funds appropriated for arthropod control
2907 which may be used for certain research and
2908 demonstration projects; amending s. 403.709, F.S.;
2909 establishing a solid waste landfill closure account
2910 within the Solid Waste Management Trust Fund;
2911 specifying the account’s purpose; authorizing the
2912 Department of Environmental Protection to use account
2913 funds to contract with a third party for the closing
2914 and long-term care of a solid waste management
2915 facility under specified circumstances; requiring the
2916 deposit of certain funds received from the closure
2917 insurance policy into the account; amending s. 215.18,
2918 F.S.; authorizing the Governor, if there is a
2919 specified deficiency in a land acquisition trust fund
2920 in the Department of Agriculture and Consumer
2921 Services, the Department of Environmental Protection,
2922 the Department of State, or the Fish and Wildlife
2923 Conservation Commission, to transfer funds from other
2924 trust funds in the State Treasury as a temporary loan
2925 to such trust fund; providing procedures for the
2926 transfer and repayment of the loan; providing a
2927 legislative determination that the repayment of the
2928 temporary loan is a constitutionally allowable use of
2929 such moneys; authorizing the Department of Agriculture
2930 and Consumer Services, the Department of Environmental
2931 Protection, the Department of State, and the Fish and
2932 Wildlife Commission to submit a budget amendment to
2933 realign funding, to increase certain budget authority
2934 from trust funds, or to transfer trust funds in order
2935 to implement specified law; requiring the Department
2936 of Environmental Protection to transfer revenues
2937 deposited in the Land Acquisition Trust Fund within
2938 the department to land acquisition trust funds in the
2939 Department of Agriculture and Consumer Services, the
2940 Department of State, and the Fish and Wildlife
2941 Conservation Commission according to specified
2942 parameters and calculations; defining the term
2943 “department”; requiring the department to retain a
2944 proportionate share of revenues; specifying a limit on
2945 distributions; directing the Board of Trustees of the
2946 Internal Improvement Trust Fund to sell specified land
2947 in Osceola County and to deposit the net proceeds into
2948 a specified trust fund; requiring the Board of
2949 Trustees of the Internal Improvement Trust Fund to
2950 provide the University of South Florida Sarasota
2951 Manatee with the proceeds from the sale of certain
2952 parcel of state land; authorizing the Department of
2953 Highway Safety and Motor Vehicles to extend its
2954 existing contract for driver license equipment and
2955 consumables under specified circumstances; requiring
2956 the Department of Highway Safety and Motor Vehicles to
2957 contract with a specified corporation to manufacture
2958 license plates; specifying requirements to be met by
2959 the corporation in manufacturing such license plates;
2960 prohibiting the name of a county from appearing on
2961 redesigned license plates; amending s. 339.135, F.S.;
2962 requiring the Department of Transportation to use
2963 appropriated funds to support the establishment of a
2964 statewide system of interconnected multiuse trails and
2965 related facilities; prohibiting such funds from
2966 reducing, deleting, or deferring other projects funded
2967 as of a specified date; amending s. 339.2818, F.S.;
2968 revising the definition of the term “small county” for
2969 purposes of the Small County Outreach Program;
2970 reenacting s. 341.302(10), F.S., relating to the
2971 Department of Transportation’s duties and
2972 responsibilities for the rail program; providing for
2973 the future expiration and reversion of specified
2974 statutory text; amending s. 339.2816, F.S.; revising
2975 the amount of funding from the State Transportation
2976 Trust Fund that may be used for the Small County Road
2977 Assistance Program; providing for the future
2978 expiration and reversion of specified statutory text;
2979 amending s. 420.9072, F.S.; defining the term “rent
2980 subsidies”; authorizing a specified maximum percentage
2981 of funding from the local housing distribution to be
2982 used by counties and municipalities for certain rental
2983 assistance and rent subsidies; amending s. 420.5087,
2984 F.S.; specifying the reservation of funds for the
2985 tenant groups within each notice of fund availability
2986 with respect to the State Apartment Incentive Loan
2987 Program; providing applicability for certain
2988 provisions of the Florida Building Code; reenacting s.
2989 216.292(2)(a), F.S., relating to exceptions for
2990 nontransferable appropriations; providing for the
2991 future expiration and reversion of specified statutory
2992 text; prohibiting a state agency from initiating a
2993 competitive solicitation for a product or service
2994 under certain circumstances; providing an exception;
2995 authorizing the Executive Office of the Governor to
2996 transfer funds between departments for purposes of
2997 aligning amounts paid for risk management premiums and
2998 for human resource management services; amending s.
2999 112.24, F.S.; extending by 1 fiscal year the
3000 authorization, subject to specified requirements, for
3001 the assignment of an employee of a state agency under
3002 an employee interchange agreement; providing that the
3003 annual salaries of the members of the Legislature
3004 shall be maintained at a specified level; reenacting
3005 s. 215.32(2)(b), F.S., relating to the source and use
3006 of certain trust funds; providing for the future
3007 expiration and reversion of specified statutory text;
3008 providing a legislative determination that the
3009 issuance of new debt is in the best interests of the
3010 state; limiting the use of travel funds to activities
3011 that are critical to an agency’s mission; providing
3012 exceptions; authorizing the Executive Office of the
3013 Governor to transfer funds appropriated for data
3014 processing between agencies for a specified purpose;
3015 authorizing the Executive Office of the Governor to
3016 transfer funds appropriated for certain data
3017 processing services between departments for a
3018 specified purpose; prohibiting an agency from
3019 transferring funds from a data processing category to
3020 another category that is not a data processing
3021 category; authorizing the Executive Office of the
3022 Governor to transfer certain funds between agencies in
3023 order to allocate a reduction relating to SUNCOM
3024 Network services; reenacting s. 110.12315, F.S.,
3025 relating to the state employees’ prescription drug
3026 program; providing for the future expiration and
3027 reversion of specified statutory text; providing for
3028 the effect of a veto of one or more specific
3029 appropriations or proviso to which implementing
3030 language refers; providing for the continued operation
3031 of certain provisions notwithstanding a future repeal
3032 or expiration provided by the act; providing for
3033 construction of the act in pari materia with laws
3034 enacted during the 2015 Regular Session of the
3035 Legislature; providing severability; providing for
3036 contingent retroactive operation; providing effective
3037 dates.