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