Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. HB 5003
       
       
       
       
       
       
                                Ì951174*Î951174                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/R/CR          .                                
             03/11/2016 05:09 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. It is the intent of the Legislature that the
    6  implementing and administering provisions of this act apply to
    7  the General Appropriations Act for the 2016-2017 fiscal year.
    8         Section 2. In order to implement Specific Appropriations 7,
    9  8, 9, 94, and 95 of the 2016-2017 General Appropriations Act,
   10  the calculations of the Florida Education Finance Program for
   11  the 2016-2017 fiscal year in the document titled “Public School
   12  Funding: The Florida Education Finance Program,” dated XX, 2016,
   13  and filed with the Secretary of the Senate, are incorporated by
   14  reference for the purpose of displaying the calculations used by
   15  the Legislature, consistent with the requirements of state law,
   16  in making appropriations for the Florida Education Finance
   17  Program. This section expires July 1, 2017.
   18         Section 3. In order to implement Specific Appropriations 7
   19  and 94 of the 2016-2017 General Appropriations Act and
   20  notwithstanding ss. 1002.20, 1003.02, 1006.28-1006.42,
   21  1011.62(6)(b)5., and 1011.67, Florida Statutes, relating to the
   22  expenditure of funds provided for instructional materials, for
   23  the 2016-2017 fiscal year, funds provided for instructional
   24  materials shall be released and expended as required in the
   25  proviso language for Specific Appropriation 94 of the 2016-2017
   26  General Appropriations Act. This section expires July 1, 2017.
   27         Section 4. In order to implement Specific Appropriation 23
   28  of the 2016-2017 General Appropriations Act and notwithstanding
   29  s. 1013.64(2), Florida Statutes, any district school board that
   30  generates less than $2 million in revenue from a 1-mill levy of
   31  ad valorem tax shall contribute 0.75 mill for the 2016-2017
   32  fiscal year toward the cost of funded special facilities
   33  construction projects. This section expires July 1, 2017.
   34         Section 5. In order to implement Specific Appropriations 7
   35  and 94 of the 2016-2017 General Appropriations Act, paragraphs
   36  (e) and (f) of subsection (1), paragraph (a) of subsection (4),
   37  paragraph (b) of subsection (7), paragraph (a) of subsection
   38  (9), and present subsection (13) of section 1011.62, Florida
   39  Statutes, are amended, present subsections (13), (14), and (15)
   40  of that section are renumbered as subsections (14), (15), and
   41  (16), respectively, and a new subsection (13) is added to that
   42  section, to read:
   43         1011.62 Funds for operation of schools.—If the annual
   44  allocation from the Florida Education Finance Program to each
   45  district for operation of schools is not determined in the
   46  annual appropriations act or the substantive bill implementing
   47  the annual appropriations act, it shall be determined as
   48  follows:
   49         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
   50  OPERATION.—The following procedure shall be followed in
   51  determining the annual allocation to each district for
   52  operation:
   53         (e) Funding model for exceptional student education
   54  programs.—
   55         1.a. The funding model uses basic, at-risk, support levels
   56  IV and V for exceptional students and career Florida Education
   57  Finance Program cost factors, and a guaranteed allocation for
   58  exceptional student education programs. Exceptional education
   59  cost factors are determined by using a matrix of services to
   60  document the services that each exceptional student will
   61  receive. The nature and intensity of the services indicated on
   62  the matrix shall be consistent with the services described in
   63  each exceptional student’s individual educational plan. The
   64  Department of Education shall review and revise the descriptions
   65  of the services and supports included in the matrix of services
   66  for exceptional students and shall implement those revisions
   67  before the beginning of the 2012-2013 school year.
   68         b. In order to generate funds using one of the two weighted
   69  cost factors, a matrix of services must be completed at the time
   70  of the student’s initial placement into an exceptional student
   71  education program and at least once every 3 years by personnel
   72  who have received approved training. Nothing listed in the
   73  matrix shall be construed as limiting the services a school
   74  district must provide in order to ensure that exceptional
   75  students are provided a free, appropriate public education.
   76         c. Students identified as exceptional, in accordance with
   77  chapter 6A-6, Florida Administrative Code, who do not have a
   78  matrix of services as specified in sub-subparagraph b. shall
   79  generate funds on the basis of full-time-equivalent student
   80  membership in the Florida Education Finance Program at the same
   81  funding level per student as provided for basic students.
   82  Additional funds for these exceptional students will be provided
   83  through the guaranteed allocation designated in subparagraph 2.
   84         2. For students identified as exceptional who do not have a
   85  matrix of services and students who are gifted in grades K
   86  through 8, there is created a guaranteed allocation to provide
   87  these students with a free appropriate public education, in
   88  accordance with s. 1001.42(4)(l) and rules of the State Board of
   89  Education, which shall be allocated initially annually to each
   90  school district in the amount provided in the General
   91  Appropriations Act. These funds shall be supplemental in
   92  addition to the funds appropriated for the basic funding level
   93  on the basis of FTE student membership in the Florida Education
   94  Finance Program, and the amount allocated for each school
   95  district shall not be recalculated once during the year, based
   96  on actual student membership from the October FTE survey. Upon
   97  recalculation, if the generated allocation is greater than the
   98  amount provided in the General Appropriations Act, the total
   99  shall be prorated to the level of the appropriation based on
  100  each district’s share of the total recalculated amount. These
  101  funds shall be used to provide special education and related
  102  services for exceptional students and students who are gifted in
  103  grades K through 8. Beginning with the 2007-2008 fiscal year, A
  104  district’s expenditure of funds from the guaranteed allocation
  105  for students in grades 9 through 12 who are gifted may not be
  106  greater than the amount expended during the 2006-2007 fiscal
  107  year for gifted students in grades 9 through 12.
  108         (f) Supplemental academic instruction; categorical fund.—
  109         1. There is created a categorical fund to provide
  110  supplemental academic instruction to students in kindergarten
  111  through grade 12. This paragraph may be cited as the
  112  “Supplemental Academic Instruction Categorical Fund.”
  113         2. The categorical fund funds for supplemental academic
  114  instruction shall be allocated annually to each school district
  115  in the amount provided in the General Appropriations Act. These
  116  funds shall be in addition to the funds appropriated on the
  117  basis of FTE student membership in the Florida Education Finance
  118  Program and shall be included in the total potential funds of
  119  each district. These funds shall be used to provide supplemental
  120  academic instruction to students enrolled in the K-12 program.
  121  For the 2016-2017 2014-2015 fiscal year, each school district
  122  that has one or more of the 300 lowest-performing elementary
  123  schools based on the state reading assessment shall use these
  124  funds, together with the funds provided in the district’s
  125  research-based reading instruction allocation and other
  126  available funds, to provide an additional hour of instruction
  127  beyond the normal school day for each day of the entire school
  128  year for intensive reading instruction for the students in each
  129  of these schools. This additional hour of instruction must be
  130  provided by teachers or reading specialists who are effective in
  131  teaching reading or by a K-5 mentoring reading program that is
  132  supervised by a teacher who is effective in at teaching reading.
  133  Students enrolled in these schools who have level 5 assessment
  134  scores may participate in the additional hour of instruction on
  135  an optional basis. Exceptional student education centers may
  136  shall not be included in the 300 schools. For the 2016-2017
  137  fiscal year, the 300 lowest-performing elementary schools shall
  138  be based on the 2015-2016 state reading assessment. After this
  139  requirement has been met, supplemental instruction strategies
  140  may include, but are not limited to: use of a modified
  141  curriculum, reading instruction, after-school instruction,
  142  tutoring, mentoring, a reduction in class size reduction, an
  143  extended school year, intensive skills development in summer
  144  school, and other methods of for improving student achievement.
  145  Supplemental instruction may be provided to a student in any
  146  manner and at any time during or beyond the regular 180-day term
  147  identified by the school as being the most effective and
  148  efficient way to best help that student progress from grade to
  149  grade and to graduate.
  150         3.Categorical funds for supplemental academic instruction
  151  shall be provided annually in the Florida Education Finance
  152  Program as specified in the General Appropriations Act. These
  153  funds shall be provided as a supplement to the funds
  154  appropriated for the basic funding level and shall be included
  155  in the total funds of each district. The allocation shall
  156  consist of a base amount that shall have a workload adjustment
  157  based on changes in unweighted FTE. In addition, districts that
  158  have elementary schools included in the 300 lowest-performing
  159  schools designation shall be allocated additional funds to
  160  assist those districts in providing intensive reading
  161  instruction to students in those schools. The amount provided
  162  shall be based on each district’s level of per-student funding
  163  in the reading instruction allocation and the supplemental
  164  academic instruction categorical fund and on the total FTE for
  165  each of the schools. The categorical funding shall be
  166  recalculated once during the fiscal year following an updated
  167  designation of the 300 lowest-performing elementary schools and
  168  shall be based on actual student membership from the October FTE
  169  survey. Upon recalculation of funding for the supplemental
  170  academic instruction categorical fund, if the total allocation
  171  is greater than the amount provided in the General
  172  Appropriations Act, the allocation shall be prorated to the
  173  level provided to support the appropriation, based on each
  174  district’s share of the total.
  175         4.3. Effective with the 1999-2000 fiscal year, funding on
  176  the basis of FTE membership beyond the 180-day regular term
  177  shall be provided in the FEFP only for students enrolled in
  178  juvenile justice education programs or in education programs for
  179  juveniles placed in secure facilities or programs under s.
  180  985.19. Funding for instruction beyond the regular 180-day
  181  school year for all other K-12 students shall be provided
  182  through the supplemental academic instruction categorical fund
  183  and other state, federal, and local fund sources with ample
  184  flexibility for schools to provide supplemental instruction to
  185  assist students in progressing from grade to grade and
  186  graduating.
  187         5.4. The Florida State University School, as a lab school,
  188  is authorized to expend from its FEFP or Lottery Enhancement
  189  Trust Fund allocation the cost to the student of remediation in
  190  reading, writing, or mathematics for any graduate who requires
  191  remediation at a postsecondary educational institution.
  192         6.5. Beginning in the 1999-2000 school year, dropout
  193  prevention programs as defined in ss. 1003.52, 1003.53(1)(a),
  194  (b), and (c), and 1003.54 shall be included in group 1 programs
  195  under subparagraph (d)3.
  196         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  197  Legislature shall prescribe the aggregate required local effort
  198  for all school districts collectively as an item in the General
  199  Appropriations Act for each fiscal year. The amount that each
  200  district shall provide annually toward the cost of the Florida
  201  Education Finance Program for kindergarten through grade 12
  202  programs shall be calculated as follows:
  203         (a) Estimated taxable value calculations.—
  204         1.a. Not later than 2 working days prior to July 19, the
  205  Department of Revenue shall certify to the Commissioner of
  206  Education its most recent estimate of the taxable value for
  207  school purposes in each school district and the total for all
  208  school districts in the state for the current calendar year
  209  based on the latest available data obtained from the local
  210  property appraisers. The value certified shall be the taxable
  211  value for school purposes for that year, and no further
  212  adjustments shall be made, except those made pursuant to
  213  paragraphs (c) and (d), or an assessment roll change required by
  214  final judicial decisions as specified in paragraph (15)(b)
  215  (14)(b). Not later than July 19, the Commissioner of Education
  216  shall compute a millage rate, rounded to the next highest one
  217  one-thousandth of a mill, which, when applied to 96 percent of
  218  the estimated state total taxable value for school purposes,
  219  would generate the prescribed aggregate required local effort
  220  for that year for all districts. The Commissioner of Education
  221  shall certify to each district school board the millage rate,
  222  computed as prescribed in this subparagraph, as the minimum
  223  millage rate necessary to provide the district required local
  224  effort for that year.
  225         b. The General Appropriations Act shall direct the
  226  computation of the statewide adjusted aggregate amount for
  227  required local effort for all school districts collectively from
  228  ad valorem taxes to ensure that no school district’s revenue
  229  from required local effort millage will produce more than 90
  230  percent of the district’s total Florida Education Finance
  231  Program calculation as calculated and adopted by the
  232  Legislature, and the adjustment of the required local effort
  233  millage rate of each district that produces more than 90 percent
  234  of its total Florida Education Finance Program entitlement to a
  235  level that will produce only 90 percent of its total Florida
  236  Education Finance Program entitlement in the July calculation.
  237         2. On the same date as the certification in sub
  238  subparagraph 1.a., the Department of Revenue shall certify to
  239  the Commissioner of Education for each district:
  240         a. Each year for which the property appraiser has certified
  241  the taxable value pursuant to s. 193.122(2) or (3), if
  242  applicable, since the prior certification under sub-subparagraph
  243  1.a.
  244         b. For each year identified in sub-subparagraph a., the
  245  taxable value certified by the appraiser pursuant to s.
  246  193.122(2) or (3), if applicable, since the prior certification
  247  under sub-subparagraph 1.a. This is the certification that
  248  reflects all final administrative actions of the value
  249  adjustment board.
  250         (7) DETERMINATION OF SPARSITY SUPPLEMENT.—
  251         (b) The district sparsity index shall be computed by
  252  dividing the total number of full-time equivalent students in
  253  all programs in the district by the number of senior high school
  254  centers in the district, not in excess of three, which centers
  255  are approved as permanent centers by a survey made by the
  256  Department of Education. For districts with a full-time
  257  equivalent student membership of at least 20,000, but no more
  258  than 24,000, the index shall be computed by dividing the total
  259  number of full-time equivalent students in all programs by the
  260  number of permanent senior high school centers in the district,
  261  not in excess of four.
  262         (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.—
  263         (a) The research-based reading instruction allocation is
  264  created to provide comprehensive reading instruction to students
  265  in kindergarten through grade 12. For the 2016-2017 2014-2015
  266  fiscal year, in each school district that has one or more of the
  267  300 lowest-performing elementary schools based on the state
  268  reading assessment, priority shall be given to providing an
  269  additional hour per day of intensive reading instruction beyond
  270  the normal school day for each day of the entire school year for
  271  the students in each school. For the 2016-2017 fiscal year, the
  272  300 lowest-performing elementary schools shall be based on the
  273  2015-2016 state reading assessment. Students enrolled in these
  274  schools who have level 5 assessment scores may participate in
  275  the additional hour of instruction on an optional basis.
  276  Exceptional student education centers may shall not be included
  277  in the 300 schools. The intensive reading instruction delivered
  278  in this additional hour and for other students shall include:
  279  research-based reading instruction that has been proven to
  280  accelerate progress of students exhibiting a reading deficiency;
  281  differentiated instruction based on student assessment data to
  282  meet students’ specific reading needs; explicit and systematic
  283  reading development in phonemic awareness, phonics, fluency,
  284  vocabulary, and comprehension, with more extensive opportunities
  285  for guided practice, error correction, and feedback; and the
  286  integration of social studies, science, and mathematics-text
  287  reading, text discussion, and writing in response to reading.
  288  For the 2012-2013 and 2013-2014 fiscal years, a school district
  289  may not hire more reading coaches than were hired during the
  290  2011-2012 fiscal year unless all students in kindergarten
  291  through grade 5 who demonstrate a reading deficiency, as
  292  determined by district and state assessments, including students
  293  scoring Level 1 or Level 2 on the statewide, standardized
  294  reading assessment or, upon implementation, the English Language
  295  Arts assessment, are provided an additional hour per day of
  296  intensive reading instruction beyond the normal school day for
  297  each day of the entire school year.
  298         (13)FEDERALLY CONNECTED STUDENT SUPPLEMENT.—The federally
  299  connected student supplement is created to provide supplemental
  300  funding for school districts to support the education of
  301  students connected with federally owned military installations,
  302  National Aeronautics and Space Administration (NASA) real
  303  property, and Indian lands. To be eligible for this supplement,
  304  the district must be eligible for federal Impact Aid Program
  305  funds under s. 8003 of Title VIII of the Elementary and
  306  Secondary Education Act of 1965. The supplement shall be
  307  allocated annually to each eligible school district in the
  308  amount provided in the General Appropriations Act. The
  309  supplement shall be the sum of the student allocation and an
  310  exempt property allocation.
  311         (a)The student allocation shall be calculated based on the
  312  number of students reported for federal Impact Aid Program
  313  funds, including students with disabilities, who meet one of the
  314  following criteria:
  315         1.The student has a parent who is on active duty in the
  316  uniformed services or is an accredited foreign government
  317  official and military officer. Students with disabilities shall
  318  also be reported separately for this category.
  319         2.The student resides on eligible federally owned Indian
  320  lands. Students with disabilities shall also be reported
  321  separately for this category.
  322         3.The student resides with a civilian parent who lives or
  323  works on eligible federal property connected with a military
  324  installation or NASA. The number of these students shall be
  325  multiplied by a factor of 0.5.
  326         (b)The total number of federally connected students
  327  calculated under paragraph (a) shall be multiplied by a
  328  percentage of the base student allocation as provided in the
  329  General Appropriations Act. The total of the number of students
  330  with disabilities as reported separately under subparagraphs
  331  (a)1. and (a)2. shall be multiplied by an additional percentage
  332  of the base student allocation as provided in the General
  333  Appropriations Act. The base amount and the amount for students
  334  with disabilities shall be summed to provide the student
  335  allocation.
  336         (c)The exempt property allocation shall be equal to the
  337  tax-exempt value of federal impact aid lands reserved as
  338  military installations, real property owned by NASA, or eligible
  339  federally owned Indian lands located in the district, as of
  340  January 1 of the previous year, multiplied by the millage
  341  authorized and levied under s. 1011.71(2).
  342         (14)(13) QUALITY ASSURANCE GUARANTEE.—The Legislature may
  343  annually in the General Appropriations Act determine a
  344  percentage increase in funds per K-12 unweighted FTE as a
  345  minimum guarantee to each school district. The guarantee shall
  346  be calculated from prior year base funding per unweighted FTE
  347  student which shall include the adjusted FTE dollars as provided
  348  in subsection (15) (14), quality guarantee funds, and actual
  349  nonvoted discretionary local effort from taxes. From the base
  350  funding per unweighted FTE, the increase shall be calculated for
  351  the current year. The current year funds from which the
  352  guarantee shall be determined shall include the adjusted FTE
  353  dollars as provided in subsection (15) (14) and potential
  354  nonvoted discretionary local effort from taxes. A comparison of
  355  current year funds per unweighted FTE to prior year funds per
  356  unweighted FTE shall be computed. For those school districts
  357  which have less than the legislatively assigned percentage
  358  increase, funds shall be provided to guarantee the assigned
  359  percentage increase in funds per unweighted FTE student. Should
  360  appropriated funds be less than the sum of this calculated
  361  amount for all districts, the commissioner shall prorate each
  362  district’s allocation. This provision shall be implemented to
  363  the extent specifically funded.
  364         Section 6. In order to implement Specific Appropriations 7
  365  and 94 of the 2016-2017 General Appropriations Act, subsection
  366  (1) of section 1011.71, Florida Statutes, is amended to read:
  367         1011.71 District school tax.—
  368         (1) If the district school tax is not provided in the
  369  General Appropriations Act or the substantive bill implementing
  370  the General Appropriations Act, each district school board
  371  desiring to participate in the state allocation of funds for
  372  current operation as prescribed by s. 1011.62(15) s. 1011.62(14)
  373  shall levy on the taxable value for school purposes of the
  374  district, exclusive of millage voted under the provisions of s.
  375  9(b) or s. 12, Art. VII of the State Constitution, a millage
  376  rate not to exceed the amount certified by the commissioner as
  377  the minimum millage rate necessary to provide the district
  378  required local effort for the current year, pursuant to s.
  379  1011.62(4)(a)1. In addition to the required local effort millage
  380  levy, each district school board may levy a nonvoted current
  381  operating discretionary millage. The Legislature shall prescribe
  382  annually in the appropriations act the maximum amount of millage
  383  a district may levy.
  384         Section 7. The amendments made by this act to ss. 1011.62
  385  and 1011.71, Florida Statutes, expire July 1, 2017, and the text
  386  of those sections shall revert to that in existence on June 30,
  387  2015, except that any amendments to such text enacted other than
  388  by this act shall be preserved and continue to operate to the
  389  extent that such amendments are not dependent upon the portions
  390  of text which expire pursuant to this section.
  391         Section 8. In order to implement Specific Appropriations 10
  392  and 122 of the 2016-2017 General Appropriations Act, subsection
  393  (1) of section 1004.935, Florida Statutes, is amended to read:
  394         1004.935 Adults with Disabilities Workforce Education Pilot
  395  Program.—
  396         (1) The Adults with Disabilities Workforce Education Pilot
  397  Program is established in the Department of Education through
  398  June 30, 2017 2016, in Hardee, DeSoto, Manatee, and Sarasota
  399  Counties to provide the option of receiving a scholarship for
  400  instruction at private schools for up to 30 students who:
  401         (a) Have a disability;
  402         (b) Are 22 years of age;
  403         (c) Are receiving instruction from an instructor in a
  404  private school to meet the high school graduation requirements
  405  in s. 1002.3105(5) or s. 1003.4282;
  406         (d) Do not have a standard high school diploma or a special
  407  high school diploma; and
  408         (e) Receive “supported employment services,” which means
  409  employment that is located or provided in an integrated work
  410  setting with earnings paid on a commensurate wage basis and for
  411  which continued support is needed for job maintenance.
  412  
  413  As used in this section, the term “student with a disability”
  414  includes a student who is documented as having an intellectual
  415  disability; a speech impairment; a language impairment; a
  416  hearing impairment, including deafness; a visual impairment,
  417  including blindness; a dual sensory impairment; an orthopedic
  418  impairment; another health impairment; an emotional or
  419  behavioral disability; a specific learning disability,
  420  including, but not limited to, dyslexia, dyscalculia, or
  421  developmental aphasia; a traumatic brain injury; a developmental
  422  delay; or autism spectrum disorder.
  423         Section 9. The amendment made by this act to s.
  424  1004.935(1), Florida Statutes, expires July 1, 2017, and the
  425  text of that subsection shall revert to that in existence on
  426  June 30, 2016, except that any amendments to such text enacted
  427  other than by this act shall be preserved and continue to
  428  operate to the extent that such amendments are not dependent
  429  upon the portions of text which expire pursuant to this section.
  430         Section 10. In order to implement Specific Appropriations
  431  13 and 142 through 150 of the 2016-2017 General Appropriations
  432  Act, subsection (7) is added to section 1013.74, Florida
  433  Statutes, to read:
  434         1013.74 University authorization for fixed capital outlay
  435  projects.—
  436         (7) For the 2016-2017 fiscal year, a university board of
  437  trustees may expend reserve or carry forward balances from prior
  438  year operational and programmatic appropriations for fixed
  439  capital outlay projects approved by the Board of Governors which
  440  include significant academic instructional space or critical
  441  deferred maintenance needs in this area. This subsection expires
  442  July 1, 2017.
  443         Section 11. In order to implement Specific Appropriation
  444  142 of the 2016-2017 General Appropriations Act, section
  445  1001.92, Florida Statutes, is amended to read:
  446         1001.92 State University System Performance-Based
  447  Incentive.—
  448         (1) A State University System Performance-Based Incentive
  449  shall be awarded to state universities using performance-based
  450  metrics adopted by the Board of Governors of the State
  451  University System. The performance-based metrics must include
  452  graduation rates;, retention rates;, postgraduation education
  453  rates;, degree production;, affordability;, postgraduation
  454  employment and salaries, including wage thresholds that reflect
  455  the added value of a baccalaureate degree; access;, and other
  456  metrics approved by the board in a formally noticed meeting. The
  457  board shall adopt benchmarks to evaluate each state university’s
  458  performance on the metrics to measure the state university’s
  459  achievement of institutional excellence or need for improvement
  460  and minimum requirements for eligibility to receive performance
  461  funding.
  462         (2) Each fiscal year, the amount of funds available for
  463  allocation to the state universities based on the performance
  464  based funding model metrics shall consist of the state’s
  465  investment in appropriation for performance funding, including
  466  increases in base funding plus institutional investments
  467  consisting of funds deducted from the base funding of each state
  468  university in the State University System, in an amount provided
  469  in the General Appropriations Act. The Board of Governors shall
  470  establish minimum performance funding eligibility thresholds for
  471  the state’s investment and the institutional investments. A
  472  state university that fails to meet the minimum state investment
  473  performance funding eligibility threshold is ineligible for a
  474  share of the state’s investment in performance funding. The
  475  institutional investment shall be restored for each institution
  476  eligible for the state’s investment under the performance-based
  477  funding model metrics.
  478         (3)(a) A state university that fails to meet the Board of
  479  Governors’ minimum institutional investment performance funding
  480  eligibility threshold shall have a portion of its institutional
  481  investment withheld by the board and must submit an improvement
  482  plan to the board which that specifies the activities and
  483  strategies for improving the state university’s performance. The
  484  board must review and approve the improvement plan and, if the
  485  plan is approved, must monitor the state university’s progress
  486  in implementing the activities and strategies specified in the
  487  improvement plan. The state university shall submit monitoring
  488  reports to the board by December 31 and May 31 of each year in
  489  which an improvement plan is in place. The ability of a state
  490  university to submit an improvement plan to the board is limited
  491  to 1 fiscal year.
  492         (b) The Chancellor of the State University System shall
  493  withhold disbursement of the institutional investment until the
  494  monitoring report is approved by the Board of Governors. A state
  495  university that is determined by the board to be making
  496  satisfactory progress on implementing the improvement plan may
  497  not shall receive no more than one-half of the withheld
  498  institutional investment in January and the balance of the
  499  withheld institutional investment in June. A state university
  500  that fails to make satisfactory progress may not have its full
  501  institutional investment restored. Any institutional investment
  502  funds that are not restored shall be redistributed in accordance
  503  with the board’s performance-based metrics.
  504         (4) Distributions of performance funding, as provided in
  505  this section, shall be made to each of the state universities
  506  listed in the Education and General Activities category in the
  507  General Appropriations Act.
  508         (5) By October 1 of each year, the Board of Governors shall
  509  submit to the Governor, the President of the Senate, and the
  510  Speaker of the House of Representatives a report on the previous
  511  fiscal year’s performance funding allocation, which must reflect
  512  the rankings and award distributions.
  513         (6) This section expires July 1, 2017 2016.
  514         Section 12. In order to implement Specific Appropriation
  515  126 of the 2016-2017 General Appropriations Act, section
  516  1001.66, Florida Statutes, is created to read:
  517         1001.66 Florida College System Performance-Based
  518  Incentive.—
  519         (1)A Florida College System Performance-Based Incentive
  520  shall be awarded to Florida College System institutions using
  521  performance-based metrics adopted by the State Board of
  522  Education. The performance-based metrics must include retention
  523  rates; program completion and graduation rates; postgraduation
  524  employment, salaries, and continuing education for workforce
  525  education and baccalaureate programs, with wage thresholds that
  526  reflect the added value of the certificate or degree; and
  527  outcome measures appropriate for associate of arts degree
  528  recipients. The State Board of Education shall adopt benchmarks
  529  to evaluate each institution’s performance on the metrics to
  530  measure the institution’s achievement of institutional
  531  excellence or need for improvement and minimum requirements for
  532  eligibility to receive performance funding.
  533         (2)Each fiscal year, the amount of funds available for
  534  allocation to the Florida College System institutions based on
  535  the performance-based funding model shall consist of the state’s
  536  investment in performance funding plus institutional investments
  537  consisting of funds to be redistributed from the base funding of
  538  the Florida College System Program Fund as determined in the
  539  General Appropriations Act. The State Board of Education shall
  540  establish minimum performance funding eligibility thresholds for
  541  the state’s investment and the institutional investments. An
  542  institution that fails to meet the minimum state investment
  543  performance funding eligibility threshold is ineligible for a
  544  share of the state’s investment in performance funding. The
  545  institutional investment shall be restored for all institutions
  546  eligible for the state’s investment under the performance-based
  547  funding model.
  548         (3)(a)Each Florida College System institution’s share of
  549  the performance funding shall be calculated based on its
  550  relative performance on the established metrics in conjunction
  551  with the institutional size and scope.
  552         (b)A Florida College System institution that fails to meet
  553  the State Board of Education’s minimum institutional investment
  554  performance funding eligibility threshold shall have its
  555  institutional investment withheld by the state board and must
  556  submit an improvement plan to the state board which specifies
  557  the activities and strategies for improving the institution’s
  558  performance. The state board must review and approve the
  559  improvement plan and, if the plan is approved, must monitor the
  560  institution’s progress in implementing the activities and
  561  strategies specified in the improvement plan. The institution
  562  shall submit monitoring reports to the state board by December
  563  31 and May 31 of each year in which an improvement plan is in
  564  place. The ability of an institution to submit an improvement
  565  plan to the state board is limited to 1 fiscal year.
  566         (c)The Commissioner of Education shall withhold
  567  disbursement of the institutional investment until the
  568  monitoring report is approved by the State Board of Education. A
  569  Florida College System institution determined by the state board
  570  to be making satisfactory progress on implementing the
  571  improvement plan may not receive more than one-half of the
  572  withheld institutional investment in January and the balance of
  573  the withheld institutional investment in June. An institution
  574  that fails to make satisfactory progress may not have its full
  575  institutional investment restored. Any institutional investment
  576  funds that are not restored shall be redistributed in accordance
  577  with the state board’s performance-based metrics.
  578         (4)Distributions of performance funding, as provided in
  579  this section, shall be made to each of the Florida College
  580  System institutions listed in the Florida Colleges category in
  581  the General Appropriations Act.
  582         (5)By October 1 of each year, the State Board of Education
  583  shall submit to the Governor, the President of the Senate, and
  584  the Speaker of the House of Representatives a report on the
  585  previous fiscal year’s performance funding allocation, which
  586  must reflect the rankings and award distributions.
  587         (6) This section expires July 1, 2017.
  588         Section 13. In order to implement Specific Appropriation
  589  104 of the 2016-2017 General Appropriations Act, subsection (3)
  590  of section 1012.75, Florida Statutes, is amended to read:
  591         1012.75 Liability of teacher or principal; excessive
  592  force.—
  593         (3) The Department of Education shall administer an
  594  educator liability insurance program, as provided in the General
  595  Appropriations Act, to protect full-time instructional personnel
  596  from liability for monetary damages and the costs of defending
  597  actions resulting from claims made against the instructional
  598  personnel arising out of occurrences in the course of activities
  599  within the instructional personnel’s professional capacity. For
  600  purposes of this subsection, the terms “full-time,” “part-time,”
  601  and “administrative personnel” shall be defined by the
  602  individual district school board. For purposes of this
  603  subsection, the term “instructional personnel” has the same
  604  meaning as provided in s. 1012.01(2).
  605         (a) Liability coverage of at least $2 million shall be
  606  provided to all full-time instructional personnel. Liability
  607  coverage may be provided to the following individuals who choose
  608  to participate in the program, at cost: part-time instructional
  609  personnel, administrative personnel, and students enrolled in a
  610  state-approved teacher preparation program pursuant to s.
  611  1012.39(3).
  612         (b) By August 1, the department shall notify the personnel
  613  specified in paragraph (a) of the pending procurement for
  614  liability coverage. By September 1, each district school board
  615  shall notify the personnel specified in paragraph (a) of the
  616  liability coverage provided pursuant to this subsection. The
  617  department shall develop the form of the notice which shall be
  618  used by each district school board. The notice must be on an 8
  619  1/2-inch by 5 1/2-inch postcard and include the amount of
  620  coverage, a general description of the nature of the coverage,
  621  and the contact information for coverage and claims questions.
  622  The notification shall be provided separately from any other
  623  correspondence. Each district school board shall certify to the
  624  department, by September 15, that the notification required by
  625  this paragraph has been provided.
  626         (c) The department shall consult with the Department of
  627  Financial Services to select the most economically prudent and
  628  cost-effective means of implementing the program through self
  629  insurance, a risk management program, or competitive
  630  procurement.
  631         (d) This subsection expires July 1, 2017 2016.
  632         Section 14. In order to implement Specific Appropriation
  633  126 of the 2016-2017 General Appropriations Act, section
  634  1001.67, Florida Statutes, is created to read:
  635         1001.67 Distinguished Florida College System institution
  636  program.—A collaborative partnership is established between the
  637  State Board of Education and the Legislature to recognize the
  638  excellence of Florida’s highest-performing Florida College
  639  System institutions.
  640         (1)EXCELLENCE STANDARDS.—The following excellence
  641  standards are established for the program:
  642         (a)A 150 percent-of-normal-time completion rate of 50
  643  percent or higher, as calculated by the Division of Florida
  644  Colleges.
  645         (b)A 150 percent-of-normal-time completion rate for Pell
  646  Grant recipients of 40 percent or higher, as calculated by the
  647  Division of Florida Colleges.
  648         (c)A retention rate of 70 percent or higher, as calculated
  649  by the Division of Florida Colleges.
  650         (d)A continuing education, or transfer, rate of 72 percent
  651  or higher for students graduating with an associate of arts
  652  degree, as reported by the Florida Education and Training
  653  Placement Information Program (FETPIP).
  654         (e)A licensure passage rate on the National Council
  655  Licensure Examination for Registered Nurses (NCLEX-RN) of 90
  656  percent or higher for first-time exam takers, as reported by the
  657  Board of Nursing.
  658         (f)A job placement or continuing education rate of 88
  659  percent or higher for workforce programs, as reported by FETPIP.
  660         (g)A time-to-degree for students graduating with an
  661  associate of arts degree of 2.25 years or less for first-time
  662  in-college students with accelerated college credits, as
  663  reported by the Southern Regional Education Board.
  664         (2)DISTINGUISHED COLLEGE DESIGNATION.—The State Board of
  665  Education shall designate each Florida College System
  666  institution that meets five of the seven standards identified in
  667  subsection (1) as a distinguished college.
  668         (3)DISTINGUISHED COLLEGE SUPPORT.—A Florida College System
  669  institution designated as a distinguished college by the State
  670  Board of Education is eligible for funding as specified in the
  671  General Appropriations Act.
  672         (4) EXPIRATION.—This section expires July 1, 2017.
  673         Section 15. In order to implement Specific Appropriation
  674  142 of the 2016-2017 General Appropriations Act, subsection (1)
  675  of section 1001.7065, Florida Statutes, is reenacted, and
  676  subsections (2), (3), and (5) through (9) of that section are
  677  amended, to read:
  678         1001.7065 Preeminent state research universities program.—
  679         (1) STATE UNIVERSITY SYSTEM SHARED GOVERNANCE
  680  COLLABORATION.—A collaborative partnership is established
  681  between the Board of Governors and the Legislature to elevate
  682  the academic and research preeminence of Florida’s highest
  683  performing state research universities in accordance with this
  684  section. The partnership stems from the State University System
  685  Governance Agreement executed on March 24, 2010, wherein the
  686  Board of Governors and leaders of the Legislature agreed to a
  687  framework for the collaborative exercise of their joint
  688  authority and shared responsibility for the State University
  689  System. The governance agreement confirmed the commitment of the
  690  Board of Governors and the Legislature to continue collaboration
  691  on accountability measures, the use of data, and recommendations
  692  derived from such data.
  693         (2) ACADEMIC AND RESEARCH EXCELLENCE STANDARDS.—Effective
  694  July 1, 2013, The following academic and research excellence
  695  standards are established for the preeminent state research
  696  universities program:
  697         (a) An average weighted grade point average of 4.0 or
  698  higher on a 4.0 scale and an average SAT score of 1800 or higher
  699  on a 2400-point scale or 1200 or higher on a 1600-point scale
  700  for fall semester incoming freshmen, as reported annually.
  701         (b) A top-50 ranking on at least two well-known and highly
  702  respected national public university rankings, reflecting
  703  national preeminence, which includes, but is not limited to, the
  704  U.S. News and World Report rankings, using most recent rankings.
  705         (c) A freshman retention rate of 90 percent or higher for
  706  full-time, first-time-in-college students, as reported annually
  707  to the Integrated Postsecondary Education Data System (IPEDS).
  708         (d) A 6-year graduation rate of 70 percent or higher for
  709  full-time, first-time-in-college students, as reported annually
  710  to the IPEDS.
  711         (e) Six or more faculty members at the state university who
  712  are members of a national academy, as reported by the Center for
  713  Measuring University Performance in the Top American Research
  714  Universities (TARU) annual report or the official membership
  715  directories maintained by each national academy.
  716         (f) Total annual research expenditures, including federal
  717  research expenditures, of $200 million or more, as reported
  718  annually by the National Science Foundation (NSF).
  719         (g) Total annual research expenditures in diversified
  720  nonmedical sciences of $150 million or more, based on data
  721  reported annually by the NSF.
  722         (h) A top-100 university national ranking for research
  723  expenditures in five or more science, technology, engineering,
  724  or mathematics fields of study, as reported annually by the NSF.
  725         (i) One hundred or more total patents awarded by the United
  726  States Patent and Trademark Office for the most recent 3-year
  727  period.
  728         (j) Four hundred or more doctoral degrees awarded annually,
  729  including professional doctoral degrees awarded in medical and
  730  health care disciplines, as reported in the Board of Governors
  731  Annual Accountability Report.
  732         (k) Two hundred or more postdoctoral appointees annually,
  733  as reported in the TARU annual report.
  734         (l) An endowment of $500 million or more, as reported in
  735  the Board of Governors Annual Accountability Report.
  736         (3) PREEMINENT STATE RESEARCH UNIVERSITY DESIGNATION.— The
  737  Board of Governors shall designate each state research
  738  university that annually meets:
  739         (a) At least 11 of the 12 academic and research excellence
  740  standards identified in subsection (2) as a preeminent state
  741  research university.
  742         (b) At least 6 of the 12 academic and research excellence
  743  standards identified in subsection (2) as an “emerging
  744  preeminent state research university.”
  745         (5) PROGRAM PREEMINENT STATE RESEARCH UNIVERSITY SUPPORT.—
  746         (a) A state research university designated as a preeminent
  747  state research university that, as of July 1, 2013, meets all 12
  748  of the academic and research excellence standards identified in
  749  subsection (2), as verified by the Board of Governors, shall
  750  submit to the Board of Governors a 5-year benchmark plan with
  751  target rankings on key performance metrics for national
  752  excellence. Upon approval by the Board of Governors, and upon
  753  the university’s meeting the benchmark plan goals annually, the
  754  Board of Governors shall award the university its proportionate
  755  share of any funds provided annually to support the program
  756  created under this section an amount specified in the General
  757  Appropriations Act to be provided annually throughout the 5-year
  758  period. Funding for this purpose is contingent upon specific
  759  appropriation in the General Appropriations Act.
  760         (b)A state university designated as an emerging preeminent
  761  state research university shall submit to the Board of Governors
  762  a 5-year benchmark plan with target rankings on key performance
  763  metrics for national excellence. Upon approval by the Board of
  764  Governors, and upon the university’s meeting the benchmark plan
  765  goals annually, the Board of Governors shall award the
  766  university its proportionate share of any funds provided
  767  annually to support the program created under this section.
  768         (c)The award of funds under this subsection is contingent
  769  upon funding provided in the General Appropriations Act to
  770  support the preeminent state research universities program
  771  created under this section. Funding increases appropriated
  772  beyond the amounts funded in the previous fiscal year shall be
  773  distributed as follows:
  774         1.Each designated preeminent state research university
  775  that meets the criteria in paragraph (a) shall receive an equal
  776  amount of funding.
  777         2.Each designated emerging preeminent state research
  778  university that meets the criteria in paragraph (b) shall
  779  receive an amount of funding that is equal to one-half of the
  780  total increased amount awarded to each designated preeminent
  781  state research university.
  782         (6) PREEMINENT STATE RESEARCH UNIVERSITY ENHANCEMENT
  783  INITIATIVE.—A state research university that, as of July 1,
  784  2013, meets 11 of the 12 academic and research excellence
  785  standards identified in subsection (2), as verified by the Board
  786  of Governors, shall submit to the Board of Governors a 5-year
  787  benchmark plan with target rankings on key performance metrics
  788  for national excellence. Upon the university’s meeting the
  789  benchmark plan goals annually, the Board of Governors shall
  790  award the university an amount specified in the General
  791  Appropriations Act to be provided annually throughout the 5-year
  792  period for the purpose of recruiting National Academy Members,
  793  expediting the provision of a master’s degree in cloud
  794  virtualization, and instituting an entrepreneurs-in-residence
  795  program throughout its campus. Funding for this purpose is
  796  contingent upon specific appropriation in the General
  797  Appropriations Act.
  798         (7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE
  799  REQUIREMENT AUTHORITY.—In order to provide a jointly shared
  800  educational experience, a university that is designated a
  801  preeminent state research university may require its incoming
  802  first-time-in-college students to take a 9-to-12-credit set of
  803  unique courses specifically determined by the university and
  804  published on the university’s website. The university may
  805  stipulate that credit for such courses may not be earned through
  806  any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271
  807  or any other transfer credit. All accelerated credits earned up
  808  to the limits specified in ss. 1007.27 and 1007.271 shall be
  809  applied toward graduation at the student’s request.
  810         (6)(8) PREEMINENT STATE RESEARCH UNIVERSITY FLEXIBILITY
  811  AUTHORITY.—The Board of Governors is encouraged to identify and
  812  grant all reasonable, feasible authority and flexibility to
  813  ensure that a designated preeminent state research university is
  814  free from unnecessary restrictions.
  815         (7)(9) PROGRAMS OF EXCELLENCE THROUGHOUT THE STATE
  816  UNIVERSITY SYSTEM.—The Board of Governors is encouraged to
  817  establish standards and measures whereby individual programs in
  818  state universities that objectively reflect national excellence
  819  can be identified and make recommendations to the Legislature as
  820  to how any such programs could be enhanced and promoted.
  821         Section 16. The amendment made by this act to s. 1001.7065,
  822  Florida Statutes, expires July 1, 2017, and the text of that
  823  section shall revert to that in existence on June 30, 2016,
  824  except that any amendments to such text enacted other than by
  825  this act shall be preserved and continue to operate to the
  826  extent that such amendments are not dependent upon the portions
  827  of text which expire pursuant to this section.
  828         Section 17. In order to implement Specific Appropriations
  829  199, 206, 207, 208, 211, and 218 of the 2016-2017 General
  830  Appropriations Act, the Agency for Health Care Administration is
  831  authorized to submit a budget amendment pursuant to chapter 216,
  832  Florida Statutes, to realign funding based on the model,
  833  methodology, and framework in the “Medicaid Hospital Funding
  834  Programs” document incorporated by reference in Senate Proposed
  835  Bill 2502. Funding changes shall be consistent with the intent
  836  of the model, methodology, and framework displayed,
  837  demonstrated, and explained in the “Medicaid Hospital Funding
  838  Programs” document, while allowing for the appropriate
  839  realignment to appropriation categories related to Medicaid Low
  840  Income Pool, Disproportionate Share Hospital, Graduate Medical
  841  Education, Inpatient Hospital and Outpatient Hospital programs,
  842  Prepaid Health Plans, and the diagnosis related groups (DRG)
  843  methodology for hospital reimbursement for the 2016-2017 fiscal
  844  year, including requests for additional trust fund budget
  845  authority. Notwithstanding s. 216.177, Florida Statutes, if the
  846  chair or vice chair of the Legislative Budget Commission or the
  847  President of the Senate or the Speaker of the House of
  848  Representatives timely advises the Executive Office of the
  849  Governor, in writing, that the budget amendment exceeds the
  850  delegated authority of the Executive Office of the Governor or
  851  is contrary to legislative policy or intent, the Executive
  852  Office of the Governor shall void the action. This section
  853  expires July 1, 2017.
  854         Section 18. (1) In order to implement Specific
  855  Appropriation 259 of the 2016-2017 General Appropriations Act,
  856  and notwithstanding s. 393.065(5), Florida Statutes, the Agency
  857  for Persons with Disabilities shall offer enrollment in the
  858  Medicaid home and community-based waiver program in the
  859  following order of priority:
  860         (a) Individuals in category 1, which includes clients
  861  deemed to be in crisis as described in rule.
  862         (b) Individuals in category 2, which includes:
  863         1. Individuals on the wait list who are from the child
  864  welfare system with an open case in the Department of Children
  865  and Families’ statewide automated child welfare information
  866  system and who are:
  867         a. Transitioning out of the child welfare system at the
  868  finalization of an adoption, a reunification with family
  869  members, a permanent placement with a relative, or a
  870  guardianship with a nonrelative; or
  871         b. At least 18 years old but not yet 22 years old and need
  872  both waiver services and extended foster care services.
  873         2. Individuals on the wait list who are at least 18 years
  874  old but not yet 22 years old and who withdrew consent pursuant
  875  to s. 39.6251(5)(c), Florida Statutes, to remain in the extended
  876  foster care system.
  877  
  878  For individuals who are at least 18 years old but not yet 22
  879  years old and who are eligible under sub-subparagraph 1.b., the
  880  Agency for Persons with Disabilities shall provide waiver
  881  services, including residential habilitation; and the community
  882  based care lead agency shall fund room and board at the rate
  883  established in s. 409.145(4), Florida Statutes, and provide case
  884  management and related services as defined in s. 409.986(3)(e),
  885  Florida Statutes. Individuals may receive both waiver services
  886  and services under s. 39.6251, Florida Statutes. Services may
  887  not duplicate services available through the Medicaid state
  888  plan.
  889         (c) Individuals in categories 3 and 4 in an order based on
  890  the Agency for Persons with Disabilities Waitlist Prioritization
  891  Tool, dated March 15, 2013. Using the tool, the agency shall
  892  move those individuals whose needs score highest to the waiver
  893  during the 2016-2017 fiscal year, to the extent funds are
  894  available.
  895         (d) Individuals in category 6 shall be moved to the waiver
  896  during the 2016-2017 fiscal year, to the extent funds are
  897  available, based on meeting the following criteria:
  898         1. The individual is 30 years of age or older;
  899         2. The individual resides in the family home;
  900         3. The individual has been on the wait list for waiver
  901  services for at least 10 continuous years; and
  902         4. The individual is classified at a level of need equal to
  903  Level 3, Level 4, or Level 5 based on the Questionnaire for
  904  Situational Information.
  905         (2) The agency shall allow an individual who meets the
  906  eligibility requirements under s. 393.065(1), Florida Statutes,
  907  to receive home and community-based services in this state if
  908  the individual’s parent or legal guardian is an active-duty
  909  military servicemember and, at the time of the servicemember’s
  910  transfer to this state, the individual was receiving home and
  911  community-based services in another state.
  912         (3) Upon the placement of individuals on the waiver
  913  pursuant to subsection (1), individuals remaining on the wait
  914  list are deemed not to have been substantially affected by
  915  agency action and are, therefore, not entitled to a hearing
  916  under s. 393.125, Florida Statutes, or an administrative
  917  proceeding under chapter 120, Florida Statutes.
  918         (4) This section expires July 1, 2017.
  919         Section 19. In order to implement Specific Appropriation
  920  259 of the 2016-2017 General Appropriations Act:
  921         (1) Until the Agency for Persons with Disabilities adopts a
  922  new allocation algorithm and methodology by final rule pursuant
  923  to s. 393.0662, Florida Statutes:
  924         (a) Each client’s iBudget in effect as of July 1, 2016,
  925  shall remain at its July 1, 2016, funding level.
  926         (b) The Agency for Persons with Disabilities shall
  927  determine the iBudget for a client newly enrolled on the home
  928  and community-based services waiver on or after July 1, 2016,
  929  using the same allocation algorithm and methodology used for the
  930  iBudgets in effect as of July 1, 2016.
  931         (2) After a new algorithm and methodology is adopted by
  932  final rule, a client’s new iBudget shall be determined based on
  933  the new allocation algorithm and methodology and shall take
  934  effect as of the client’s next support plan update.
  935         (3) Funding allocated under subsections (1) and (2) may be
  936  increased pursuant to s. 393.0662(1)(b), Florida Statutes. A
  937  client’s funding allocation may also be increased if the client
  938  has a significant need for transportation services to a waiver
  939  funded adult day training program or to a waiver-funded
  940  supported employment where such need cannot be accommodated
  941  within the funding authorized by the client’s iBudget amount
  942  without affecting the health and safety of the client, where
  943  public transportation is not an option due to the unique needs
  944  of the client, and where no other transportation resources are
  945  reasonably available. However, such increases may not result in
  946  the total of all clients’ projected annual iBudget expenditures
  947  exceeding the agency’s appropriation for waiver services.
  948         (4) This section expires July 1, 2017.
  949         Section 20. In order to implement Specific Appropriations
  950  569 through 578 of the 2016-2017 General Appropriations Act,
  951  subsection (3) of section 296.37, Florida Statutes, is amended
  952  to read:
  953         296.37 Residents; contribution to support.—
  954         (3) Notwithstanding subsection (1), each resident of the
  955  home who receives a pension, compensation, or gratuity from the
  956  United States Government, or income from any other source, of
  957  more than $105 per month shall contribute to his or her
  958  maintenance and support while a resident of the home in
  959  accordance with a payment schedule determined by the
  960  administrator and approved by the director. The total amount of
  961  such contributions shall be to the fullest extent possible, but,
  962  in no case, shall exceed the actual cost of operating and
  963  maintaining the home. This subsection expires July 1, 2017 2016.
  964         Section 21. In order to implement Specific Appropriation
  965  231 of the 2016-2017 General Appropriations Act, the Agency for
  966  Health Care Administration shall ensure that nursing facility
  967  residents who are eligible for funds to transition to home and
  968  community-based services waivers must first have resided in a
  969  skilled nursing facility for at least 60 consecutive days. This
  970  section expires July 1, 2017.
  971         Section 22. In order to implement Specific Appropriation
  972  232 of the 2016-2017 General Appropriations Act, the Agency for
  973  Health Care Administration and the Department of Elderly Affairs
  974  shall prioritize individuals for enrollment in the Medicaid
  975  Long-Term Care Waiver program using a frailty-based screening
  976  that provides a priority score (the “scoring process”) and shall
  977  enroll individuals in the program according to the assigned
  978  priority score as funds are available. The agency may adopt
  979  rules, pursuant to s. 409.919, Florida Statutes, and enter into
  980  interagency agreements necessary to administer s. 409.979(3),
  981  Florida Statutes. Such rules or interagency agreements adopted
  982  by the agency relating to the scoring process may delegate to
  983  the Department of Elderly Affairs, pursuant to s. 409.978,
  984  Florida Statutes, the responsibility for implementing and
  985  administering the scoring process, providing notice of Medicaid
  986  fair hearing rights, and the responsibility for defending, as
  987  needed, the scores assigned to persons on the program wait list
  988  in any resulting Medicaid fair hearings. The Department of
  989  Elderly Affairs may delegate the provision of notice of Medicaid
  990  fair hearing rights to its contractors. This section expires
  991  July 1, 2017.
  992         Section 23. In order to implement Specific Appropriations
  993  192A through 226 and 541 of the 2016-2017 General Appropriations
  994  Act and notwithstanding ss. 216.181 and 216.292, Florida
  995  Statutes, the Agency for Health Care Administration, in
  996  consultation with the Department of Health, may submit a budget
  997  amendment, subject to the notice, review, and objection
  998  procedures of s. 216.177, Florida Statutes, to realign funding
  999  within and between agencies based on implementation of the
 1000  Managed Medical Assistance component of the Statewide Medicaid
 1001  Managed Care program for the Children’s Medical Services program
 1002  of the Department of Health. The funding realignment shall
 1003  reflect the actual enrollment changes due to the transfer of
 1004  beneficiaries from fee-for-service to the capitated Children’s
 1005  Medical Services Network. The Agency for Health Care
 1006  Administration may submit a request for nonoperating budget
 1007  authority to transfer the federal funds to the Department of
 1008  Health, pursuant to s. 216.181(12), Florida Statutes. This
 1009  section expires July 1, 2017.
 1010         Section 24. In order to implement Specific Appropriations
 1011  199, 206, 207, 208, 211, and 218 of the 2016-2017 General
 1012  Appropriations Act, the calculations of the Medicaid Low-Income
 1013  Pool, Disproportionate Share Hospital, and hospital
 1014  reimbursement programs for the 2016-2017 fiscal year contained
 1015  in the document titled “Medicaid Hospital Funding Programs,”
 1016  dated XX, 2016, and filed with the Secretary of the Senate, are
 1017  incorporated by reference for the purpose of displaying the
 1018  calculations used by the Legislature, consistent with the
 1019  requirements of state law, in making appropriations for the
 1020  Medicaid Low-Income Pool, Disproportionate Share Hospital, and
 1021  hospital reimbursement programs. This section expires July 1,
 1022  2017.
 1023         Section 25. In order to implement Specific Appropriation
 1024  524 of the 2016-2017 General Appropriations Act, subsection (17)
 1025  of section 893.055, Florida Statutes, is amended to read:
 1026         893.055 Prescription drug monitoring program.—
 1027         (17) Notwithstanding subsection (10), and for the 2016-2017
 1028  2015-2016 fiscal year only, the department may use state funds
 1029  appropriated in the 2016-2017 2015-2016 General Appropriations
 1030  Act to administer the prescription drug monitoring program.
 1031  Neither the Attorney General nor the department may use funds
 1032  received as part of a settlement agreement to administer the
 1033  prescription drug monitoring program. This subsection expires
 1034  July 1, 2017 2016.
 1035         Section 26. In order to implement Specific Appropriations
 1036  599 through 706 and 721 through 755 of the 2016-2017 General
 1037  Appropriations Act, subsection (4) of section 216.262, Florida
 1038  Statutes, is amended to read:
 1039         216.262 Authorized positions.—
 1040         (4) Notwithstanding the provisions of this chapter relating
 1041  to increasing the number of authorized positions, and for the
 1042  2016-2017 2015-2016 fiscal year only, if the actual inmate
 1043  population of the Department of Corrections exceeds the inmate
 1044  population projections of the December 17, 2015 February 27,
 1045  2015, Criminal Justice Estimating Conference by 1 percent for 2
 1046  consecutive months or 2 percent for any month, the Executive
 1047  Office of the Governor, with the approval of the Legislative
 1048  Budget Commission, shall immediately notify the Criminal Justice
 1049  Estimating Conference, which shall convene as soon as possible
 1050  to revise the estimates. The Department of Corrections may then
 1051  submit a budget amendment requesting the establishment of
 1052  positions in excess of the number authorized by the Legislature
 1053  and additional appropriations from unallocated general revenue
 1054  sufficient to provide for essential staff, fixed capital
 1055  improvements, and other resources to provide classification,
 1056  security, food services, health services, and other variable
 1057  expenses within the institutions to accommodate the estimated
 1058  increase in the inmate population. All actions taken pursuant to
 1059  this subsection are subject to review and approval by the
 1060  Legislative Budget Commission. This subsection expires July 1,
 1061  2017 2016.
 1062         Section 27. In order to implement Specific Appropriations
 1063  1283 and 1284 of the 2016-2017 General Appropriations Act, the
 1064  Department of Legal Affairs may expend appropriated funds in
 1065  those specific appropriations on the same programs that were
 1066  funded by the department pursuant to specific appropriations
 1067  made in general appropriations acts in previous years. This
 1068  section expires July 1, 2017.
 1069         Section 28. In order to implement Specific Appropriations
 1070  1219 and 1224 of the 2016-2017 General Appropriations Act,
 1071  paragraph (d) of subsection (4) of section 932.7055, Florida
 1072  Statutes, is amended to read:
 1073         932.7055 Disposition of liens and forfeited property.—
 1074         (4) The proceeds from the sale of forfeited property shall
 1075  be disbursed in the following priority:
 1076         (d) Notwithstanding any other provision of this subsection,
 1077  and for the 2016-2017 2015-2016 fiscal year only, the funds in a
 1078  special law enforcement trust fund established by the governing
 1079  body of a municipality may be expended to reimburse the general
 1080  fund of the municipality for moneys advanced from the general
 1081  fund to the special law enforcement trust fund before October 1,
 1082  2001. This paragraph expires July 1, 2017 2016.
 1083         Section 29. In order to implement section 7 of the 2016
 1084  2017 General Appropriations Act, subsection (2) of section
 1085  215.18, Florida Statutes, is amended to read:
 1086         215.18 Transfers between funds; limitation.—
 1087         (2) The Chief Justice of the Supreme Court may receive one
 1088  or more trust fund loans to ensure that the state court system
 1089  has funds sufficient to meet its appropriations in the 2016-2017
 1090  2015-2016 General Appropriations Act. If the Chief Justice
 1091  accesses the loan, he or she must notify the Governor and the
 1092  chairs of the legislative appropriations committees in writing.
 1093  The loan must come from other funds in the State Treasury which
 1094  are for the time being or otherwise in excess of the amounts
 1095  necessary to meet the just requirements of such last-mentioned
 1096  funds. The Governor shall order the transfer of funds within 5
 1097  days after the written notification from the Chief Justice. If
 1098  the Governor does not order the transfer, the Chief Financial
 1099  Officer shall transfer the requested funds. The loan of funds
 1100  from which any money is temporarily transferred must be repaid
 1101  by the end of the 2016-2017 2015-2016 fiscal year. This
 1102  subsection expires July 1, 2017 2016.
 1103         Section 30. In order to implement appropriations for
 1104  salaries and benefits in the 2016-2017 General Appropriations
 1105  Act for the Department of Corrections and notwithstanding s.
 1106  216.292, Florida Statutes, the Department of Corrections may not
 1107  transfer funds from a salaries and benefits category to any
 1108  other category within the department other than a salaries and
 1109  benefits category without approval of the Legislative Budget
 1110  Commission. This section expires July 1, 2017.
 1111         Section 31. (1) In order to implement Specific
 1112  Appropriations 1093 through 1105 of the 2016-2017 General
 1113  Appropriations Act, the Department of Juvenile Justice shall
 1114  review county juvenile detention payments for the purpose of
 1115  ensuring that counties fulfill their financial responsibilities
 1116  required in s. 985.686, Florida Statutes. If the Department of
 1117  Juvenile Justice determines that a county has not met its
 1118  obligations, the department shall direct the Department of
 1119  Revenue to deduct the amount owed to the Department of Juvenile
 1120  Justice from the funds provided to the county under s. 218.23,
 1121  Florida Statutes. The Department of Revenue shall transfer the
 1122  funds withheld to the Shared County/State Juvenile Detention
 1123  Trust Fund.
 1124         (2) As an assurance to holders of bonds issued by counties
 1125  before July 1, 2015, for which distributions made pursuant to s.
 1126  218.23, Florida Statutes, are pledged, or bonds issued to refund
 1127  such bonds which mature no later than the bonds they refunded
 1128  and which result in a reduction of debt service payable in each
 1129  fiscal year, the amount available for distribution to a county
 1130  shall remain as provided by law and continue to be subject to
 1131  any lien or claim on behalf of the bondholders. The Department
 1132  of Revenue must ensure, based on information provided by an
 1133  affected county, that any reduction in amounts distributed
 1134  pursuant to subsection (1) does not reduce the amount of
 1135  distribution to a county below the amount necessary for the
 1136  timely payment of principal and interest when due on the bonds
 1137  and the amount necessary to comply with any covenant under the
 1138  bond resolution or other documents relating to the issuance of
 1139  the bonds. If a reduction to a county’s monthly distribution
 1140  must be decreased in order to comply with this subsection, the
 1141  Department of Revenue must notify the Department of Juvenile
 1142  Justice of the amount of the decrease, and the Department of
 1143  Juvenile Justice must send a bill for payment of such amount to
 1144  the affected county.
 1145         (3) This section expires July 1, 2017.
 1146         Section 32. In order to implement Specific Appropriation
 1147  780 of the 2016-2017 General Appropriations Act, subsection (5)
 1148  of section 27.5304, Florida Statutes, is amended to read:
 1149         27.5304 Private court-appointed counsel; compensation;
 1150  notice.—
 1151         (5) The compensation for representation in a criminal
 1152  proceeding may shall not exceed the following:
 1153         (a) For misdemeanors and juveniles represented at the trial
 1154  level: $1,000.
 1155         (b) For noncapital, nonlife felonies represented at the
 1156  trial level: $15,000 $6,000.
 1157         (c) For life felonies represented at the trial level:
 1158  $15,000 $9,000.
 1159         (d) For capital cases represented at the trial level:
 1160  $25,000. For purposes of this paragraph, a “capital case” is any
 1161  offense for which the potential sentence is death and the state
 1162  has not waived seeking the death penalty.
 1163         (e) For representation on appeal: $9,000.
 1164         Section 33. The amendment made by this act to s.
 1165  27.5304(5), Florida Statutes, expires July 1, 2017, and the text
 1166  of that subsection shall revert to that in existence on June 30,
 1167  2016, except that any amendments to such text enacted other than
 1168  by this act shall be preserved and continue to operate to the
 1169  extent that such amendments are not dependent upon the portions
 1170  of text which expire pursuant to this section.
 1171         Section 34. Effective upon becoming a law and in order to
 1172  implement Specific Appropriation 3023 and sections 35 and 36 of
 1173  the 2016-2017 General Appropriations Act, subsections (5) and
 1174  (6) are added to section 28.36, Florida Statutes, to read:
 1175         28.36 Budget procedure.—There is established a budget
 1176  procedure for the court-related functions of the clerks of the
 1177  court.
 1178         (5) Funds appropriated in the General Appropriations Act to
 1179  augment the revenues received from fines, fees, service charges,
 1180  and costs for court-related functions by the clerks of the court
 1181  during the 2015-2016 county fiscal year shall be distributed by
 1182  the Department of Revenue to clerks of the court in accordance
 1183  with this subsection. The Florida Clerks of Court Operations
 1184  Corporation shall certify to the Department of Revenue a
 1185  proposed distribution of a portion of the appropriated funds for
 1186  each clerk with a deficit after retaining all of the projected
 1187  collections from the court-related fines, fees, service charges,
 1188  and costs and for which a distribution under subsection (3) is
 1189  not available to relieve that deficit; however, each clerk’s
 1190  expenditures may not exceed the amount approved for the 2015
 1191  2016 county fiscal year by the Legislative Budget Commission.
 1192  The Department of Revenue shall certify the amount needed for
 1193  each individual clerk to the Executive Office of the Governor
 1194  and request release authority for such amounts from the Clerks
 1195  of Court Trust Fund. Notwithstanding s. 216.192, the Executive
 1196  Office of the Governor may approve the release of funds in
 1197  accordance with the notice, review, and objection procedures set
 1198  forth in s. 216.177 and provide notice to the Department of
 1199  Revenue and the Chief Financial Officer. The Department of
 1200  Revenue and the Chief Financial Officer shall release the funds
 1201  to each clerk in accordance with the release approved by the
 1202  Governor. This subsection expires July 1, 2017.
 1203         (6) Funds appropriated in the General Appropriations Act
 1204  for the clerks of the court for the 2016-2017 county fiscal year
 1205  shall augment the amount of revenues projected to be received
 1206  from fines, fees, service charges, and costs for court-related
 1207  functions by the clerks of the court when each clerk of the
 1208  court prepares, summarizes, and submits their budget to the
 1209  Florida Clerks of Court Operations Corporation pursuant to
 1210  subsection (2). The Florida Clerks of Court Operations
 1211  Corporation shall determine the portion of the appropriated
 1212  funds which shall be included in each individual clerk’s
 1213  proposed budget submitted pursuant to subsection (2). The
 1214  proposed budgets for each clerk of court submitted to the
 1215  Legislative Budget Commission pursuant to s. 28.35(2)(h) shall
 1216  separately identify the amount of the appropriated funds
 1217  proposed to be distributed to each clerk of the court. During
 1218  consideration of the clerks’ of the court budget pursuant to s.
 1219  28.35(2)(h), the Legislative Budget Commission shall consider
 1220  the proposed distribution of the appropriated funds and shall
 1221  approve, disapprove, or amend and approve the distribution of
 1222  appropriated funds as a part of the clerks combined budgets or
 1223  any individual clerk’s budget. If the Legislative Budget
 1224  Commission fails to approve or amend and approve the clerks
 1225  combined budgets or amend and approve each individual clerk’s
 1226  budget, including the appropriated funds, before October 1,
 1227  2016, the corporation shall certify to the Department of Revenue
 1228  a proposed distribution of a portion of the appropriated funds
 1229  for each clerk with a deficit after retaining all of the
 1230  projected collections from the court-related fines, fees,
 1231  service charges, and costs and for which a distribution under
 1232  subsection (3) is not available to relieve that deficit;
 1233  however, each clerk’s expenditures may not exceed the amount
 1234  approved by the Legislative Budget Commission for the 2015-2016
 1235  county fiscal year. The Department of Revenue shall certify the
 1236  amount needed for each individual clerk to the Executive Office
 1237  of the Governor and request release authority for such amounts
 1238  from the Clerks of Court Trust Fund. Notwithstanding s. 216.192,
 1239  the Executive Office of the Governor may approve the release of
 1240  funds in accordance with the notice, review, and objection
 1241  procedures set forth in s. 216.177 and provide notice to the
 1242  Department of Revenue and the Chief Financial Officer. The
 1243  Department of Revenue and the Chief Financial Officer shall
 1244  release the funds to each clerk in accordance with the release
 1245  approved by the Governor. This subsection expires July 1, 2017.
 1246         Section 35. In order to implement appropriations used for
 1247  the payments of existing lease contracts for private lease space
 1248  in excess of 2,000 square feet in the 2016-2017 General
 1249  Appropriations Act, the Department of Management Services, with
 1250  the cooperation of the agencies having the existing lease
 1251  contracts for office or storage space, shall use tenant broker
 1252  services to renegotiate or reprocure all private lease
 1253  agreements for office or storage space expiring between July 1,
 1254  2017, and June 30, 2019, in order to reduce costs in future
 1255  years. The department shall incorporate this initiative into its
 1256  2016 master leasing report required under s. 255.249(7), Florida
 1257  Statutes, and may use tenant broker services to explore the
 1258  possibilities of collocating office or storage space, to review
 1259  the space needs of each agency, and to review the length and
 1260  terms of potential renewals or renegotiations. The department
 1261  shall provide a report to the Executive Office of the Governor,
 1262  the President of the Senate, and the Speaker of the House of
 1263  Representatives by November 1, 2016, which lists each lease
 1264  contract for private office or storage space, the status of
 1265  renegotiations, and the savings achieved. This section expires
 1266  July 1, 2017.
 1267         Section 36. In order to implement Specific Appropriations
 1268  2257 through 2265 of the 2016-2017 General Appropriations Act,
 1269  section 624.502, Florida Statutes, is reenacted to read:
 1270         624.502 Service of process fee.—In all instances as
 1271  provided in any section of the insurance code and s. 48.151(3)
 1272  in which service of process is authorized to be made upon the
 1273  Chief Financial Officer or the director of the office, the
 1274  plaintiff shall pay to the department or office a fee of $15 for
 1275  such service of process, which fee shall be deposited into the
 1276  Administrative Trust Fund.
 1277         Section 37. The amendment to s. 624.502, Florida Statutes,
 1278  as carried forward by this act from chapter 2013-41, Laws of
 1279  Florida, expires July 1, 2017, and the text of that section
 1280  shall revert to that in existence on June 30, 2013, except that
 1281  any amendments to such text enacted other than by this act shall
 1282  be preserved and continue to operate to the extent that such
 1283  amendments are not dependent upon the portions of text which
 1284  expire pursuant to this section.
 1285         Section 38. In order to implement Specific Appropriations
 1286  2834 through 2845 of the 2016-2017 General Appropriations Act,
 1287  paragraph (a) of subsection (2) of section 282.709, Florida
 1288  Statutes, is reenacted to read:
 1289         282.709 State agency law enforcement radio system and
 1290  interoperability network.—
 1291         (2) The Joint Task Force on State Agency Law Enforcement
 1292  Communications is created adjunct to the department to advise
 1293  the department of member-agency needs relating to the planning,
 1294  designing, and establishment of the statewide communication
 1295  system.
 1296         (a) The Joint Task Force on State Agency Law Enforcement
 1297  Communications shall consist of the following members:
 1298         1. A representative of the Division of Alcoholic Beverages
 1299  and Tobacco of the Department of Business and Professional
 1300  Regulation who shall be appointed by the secretary of the
 1301  department.
 1302         2. A representative of the Division of Florida Highway
 1303  Patrol of the Department of Highway Safety and Motor Vehicles
 1304  who shall be appointed by the executive director of the
 1305  department.
 1306         3. A representative of the Department of Law Enforcement
 1307  who shall be appointed by the executive director of the
 1308  department.
 1309         4. A representative of the Fish and Wildlife Conservation
 1310  Commission who shall be appointed by the executive director of
 1311  the commission.
 1312         5. A representative of the Department of Corrections who
 1313  shall be appointed by the secretary of the department.
 1314         6. A representative of the Division of State Fire Marshal
 1315  of the Department of Financial Services who shall be appointed
 1316  by the State Fire Marshal.
 1317         7. A representative of the Department of Agriculture and
 1318  Consumer Services who shall be appointed by the Commissioner of
 1319  Agriculture.
 1320         Section 39. The amendment to s. 282.709(2)(a), Florida
 1321  Statutes, as carried forward by this act from chapter 2014-53,
 1322  Laws of Florida, expires July 1, 2017, and the text of that
 1323  paragraph shall revert to that in existence on June 30, 2014,
 1324  except that any amendments to such text enacted other than by
 1325  this act shall be preserved and continue to operate to the
 1326  extent that such amendments are not dependent upon the portions
 1327  of text which expire pursuant to this section.
 1328         Section 40. In order to implement Specific Appropriations
 1329  2740 through 2752 of the 2016-2017 General Appropriations Act,
 1330  and notwithstanding rule 60A-1.031, Florida Administrative Code,
 1331  the transaction fee collected for use of the online procurement
 1332  system, authorized in ss. 287.042(1)(h)1. and 287.057(22)(c),
 1333  Florida Statutes, shall be seven-tenths of 1 percent for the
 1334  2016-2017 fiscal year only. This section expires July 1, 2017.
 1335         Section 41. In order to implement Specific Appropriations
 1336  1533 and 1534 of the 2016-2017 General Appropriations Act,
 1337  paragraph (m) of subsection (3) of section 259.105, Florida
 1338  Statutes, is amended, and paragraph (n) is added to that
 1339  subsection, to read:
 1340         259.105 The Florida Forever Act.—
 1341         (3) Less the costs of issuing and the costs of funding
 1342  reserve accounts and other costs associated with bonds, the
 1343  proceeds of cash payments or bonds issued pursuant to this
 1344  section shall be deposited into the Florida Forever Trust Fund
 1345  created by s. 259.1051. The proceeds shall be distributed by the
 1346  Department of Environmental Protection in the following manner:
 1347         (m) Notwithstanding paragraphs (a)-(j) and for the 2016
 1348  2017 2015-2016 fiscal year only, $22,256,206 $17.4 million to
 1349  only the Division of State Lands within the Department of
 1350  Environmental Protection for the Board of Trustees Florida
 1351  Forever Priority List land acquisition projects and $30 million
 1352  to the Florida Communities Trust. This paragraph expires July 1,
 1353  2017 2016.
 1354         (n)1.For the 2016-2017 fiscal year:
 1355         a. Notwithstanding any allocation required pursuant to
 1356  paragraph (c), 66.67 percent of the funds available to the
 1357  Florida Communities Trust shall be allocated for projects
 1358  acquiring conservation or recreation lands to enhance
 1359  recreational opportunities for individuals with unique
 1360  abilities.
 1361         b. The Department of Environmental Protection may waive the
 1362  local government matching fund requirement in paragraph (c) for
 1363  projects acquiring conservation or recreation lands to enhance
 1364  recreational opportunities for individuals with unique
 1365  abilities.
 1366         c. Notwithstanding sub-subparagraphs a. and b., any funds
 1367  required to be used to acquire conservation or recreation lands
 1368  to enhance recreational opportunities for individuals with
 1369  unique abilities which have not been awarded for those purposes
 1370  by May 1, 2017, may be awarded to redevelop or renew outdoor
 1371  recreational facilities on public lands, including recreational
 1372  trails, parks, and urban open spaces, together with improvements
 1373  required to enhance recreational enjoyment and public access to
 1374  public lands, if such redevelopment and renewal is primarily
 1375  geared toward enhancing recreational opportunities for
 1376  individuals with unique abilities. The department may waive the
 1377  local matching requirement in paragraph (c) for such
 1378  redevelopment and renewal projects.
 1379         2. This paragraph expires July 1, 2017.
 1380         Section 42. In order to implement Specific Appropriation
 1381  1698A of the 2016-2017 General Appropriations Act, subsection
 1382  (4) is added to section 375.075, Florida Statutes, to read:
 1383         375.075 Outdoor recreation; financial assistance to local
 1384  governments.—
 1385         (4)(a)For the 2016-2017 fiscal year:
 1386         1. Notwithstanding any other provision of this section, at
 1387  least 30 percent of the program funds for projects must be used
 1388  exclusively for projects that provide recreational enhancements
 1389  and opportunities for individuals with unique abilities. The
 1390  department shall conduct a separate grant application process
 1391  exclusively for such projects. The department shall make the
 1392  schedule for the grant application process for projects that
 1393  provide recreational enhancements and opportunities for
 1394  individuals with unique abilities publicly available and shall
 1395  award the grants for such projects by December 31, 2016.
 1396         2. Notwithstanding subsection (3), a local government may
 1397  submit up to three grant applications for projects, if at least
 1398  one of those projects provides recreational enhancements and
 1399  opportunities for individuals with unique abilities. The maximum
 1400  project grant for each project application that provides
 1401  recreational enhancements and opportunities for individuals with
 1402  unique abilities may not exceed $500,000 in state funds.
 1403         (b) The selection criteria used by the department for grant
 1404  applications submitted pursuant to this subsection shall
 1405  prioritize projects that allocate the greatest share of state
 1406  funds to provide recreational enhancements and opportunities for
 1407  individuals with unique abilities.
 1408         (c) This subsection expires July 1, 2017.
 1409         Section 43. In order to implement Specific Appropriation
 1410  1534 of the 2016-2017 General Appropriations Act, paragraph (h)
 1411  is added to subsection (2) of section 380.507, Florida Statutes,
 1412  to read:
 1413         380.507 Powers of the trust.—The trust shall have all the
 1414  powers necessary or convenient to carry out the purposes and
 1415  provisions of this part, including:
 1416         (2) To undertake, coordinate, or fund activities and
 1417  projects which will help bring local comprehensive plans into
 1418  compliance and help implement the goals, objectives, and
 1419  policies of the conservation, recreation and open space, and
 1420  coastal elements of local comprehensive plans, or which will
 1421  otherwise serve to conserve natural resources and resolve land
 1422  use conflicts, including, but not limited to:
 1423         (h) Projects that provide accessibility, availability, or
 1424  adaptability of conservation or recreation lands for individuals
 1425  with unique abilities. This paragraph expires July 1, 2017.
 1426         Section 44. In order to implement Specific Appropriations
 1427  1599, 1599A, 1599B, and 1748 of the 2016-2017 General
 1428  Appropriations Act, paragraph (d) of subsection (11) of section
 1429  216.181, Florida Statutes, is amended to read:
 1430         216.181 Approved budgets for operations and fixed capital
 1431  outlay.—
 1432         (11)
 1433         (d) Notwithstanding paragraph (b) and paragraph (2)(b), and
 1434  for the 2016-2017 2015-2016 fiscal year only, the Legislative
 1435  Budget Commission may increase the amounts appropriated to the
 1436  Fish and Wildlife Conservation Commission or the Department of
 1437  Environmental Protection for fixed capital outlay projects,
 1438  including additional fixed capital outlay projects, using funds
 1439  provided to the state from the Gulf Environmental Benefit Fund
 1440  administered by the National Fish and Wildlife Foundation; funds
 1441  provided to the state from the Gulf Coast Restoration Trust Fund
 1442  related to the Resources and Ecosystems Sustainability, Tourist
 1443  Opportunities, and Revived Economies of the Gulf Coast Act of
 1444  2012 (RESTORE Act); or funds provided by the British Petroleum
 1445  Corporation (BP) for natural resource damage assessment early
 1446  restoration projects. Concurrent with submission of an amendment
 1447  to the Legislative Budget Commission pursuant to this paragraph,
 1448  any project that carries a continuing commitment for future
 1449  appropriations by the Legislature must be specifically
 1450  identified, together with the projected amount of the future
 1451  commitment associated with the project and the fiscal years in
 1452  which the commitment is expected to commence. This paragraph
 1453  expires July 1, 2017 2016.
 1454  
 1455  The provisions of this subsection are subject to the notice and
 1456  objection procedures set forth in s. 216.177.
 1457         Section 45. In order to implement specific appropriations
 1458  from the Water Quality Assurance Trust Fund within the
 1459  Department of Environmental Protection contained in the 2016
 1460  2017 General Appropriations Act, paragraph (b) of subsection (2)
 1461  of section 206.9935, Florida Statutes, is amended to read:
 1462         206.9935 Taxes imposed.—
 1463         (2) TAX FOR WATER QUALITY.—
 1464         (b) The excise tax shall be the applicable rate as
 1465  specified in subparagraph 1. per barrel or per unit of
 1466  pollutant, or equivalent measure as established by the
 1467  department, produced in or imported into the state. If the
 1468  unobligated balance of the Water Quality Assurance Trust Fund is
 1469  or falls below $3 million, the tax shall be increased to the
 1470  applicable rates specified in subparagraph 2. and shall remain
 1471  at said rates until the unobligated balance in the fund exceeds
 1472  $5 million, at which time the tax shall be imposed at the rates
 1473  specified in subparagraph 1. If the unobligated balance of the
 1474  fund exceeds $12 million, the levy of the tax shall be
 1475  discontinued until the unobligated balance of the fund falls
 1476  below $5 million, at which time the tax shall be imposed at the
 1477  rates specified in subparagraph 1. Changes in the tax rates
 1478  pursuant to this paragraph shall take effect on the first day of
 1479  the month after 30 days’ notification to the Department of
 1480  Revenue when the unobligated balance of the fund falls below or
 1481  exceeds a limit set pursuant to this paragraph. The unobligated
 1482  balance of the Water Quality Assurance Trust Fund as it relates
 1483  to determination of the applicable excise tax rate shall exclude
 1484  the unobligated balances of funds of the Dry Cleaning, Operator
 1485  Certification, and nonagricultural nonpoint source programs, and
 1486  other required reservations of fund balance. The unobligated
 1487  balance in the Water Quality Assurance Trust Fund is based upon
 1488  the current unreserved fund balance, projected revenues,
 1489  authorized legislative appropriations, and funding for the
 1490  department’s base budget for the subsequent fiscal year.
 1491  Revenues for penalties collected pursuant to s. 403.121(11) and
 1492  all moneys recovered under s. 373.430(7) are exempt from the
 1493  calculation of the unobligated balance of the Water Quality
 1494  Assurance Trust Fund. Determination of the unobligated balance
 1495  of the Water Quality Assurance Trust Fund shall be performed
 1496  annually subsequent to the annual legislative appropriations
 1497  becoming law.
 1498         1. As provided in this paragraph, the tax shall be 2.36
 1499  cents per gallon of solvents, 1 cent per gallon of motor oil or
 1500  other lubricants, and 2 cents per barrel of petroleum products,
 1501  pesticides, ammonia, and chlorine.
 1502         2. As provided in this paragraph, the tax shall be 5.9
 1503  cents per gallon of solvents, 2.5 cents per gallon of motor oil
 1504  or other lubricants, 2 cents per barrel of ammonia, and 5 cents
 1505  per barrel of petroleum products, pesticides, and chlorine.
 1506         Section 46. The amendment made by this act to s.
 1507  206.9935(2)(b), Florida Statutes, expires July 1, 2017, and the
 1508  text of that paragraph shall revert to that in existence on June
 1509  30, 2016, except that any amendments to such text enacted other
 1510  than by this act shall be preserved and continue to operate to
 1511  the extent that such amendments are not dependent upon the
 1512  portions of text which expire pursuant to this section.
 1513         Section 47. In order to implement Specific Appropriation
 1514  1670 of the 2016-2017 General Appropriations Act, subsection (5)
 1515  of section 403.709, Florida Statutes, is amended to read:
 1516         403.709 Solid Waste Management Trust Fund; use of waste
 1517  tire fees.—There is created the Solid Waste Management Trust
 1518  Fund, to be administered by the department.
 1519         (5)(a) Notwithstanding subsection (1), a solid waste
 1520  landfill closure account is established within the Solid Waste
 1521  Management Trust Fund to provide funding for the closing and
 1522  long-term care of solid waste management facilities. The
 1523  department may use funds from the account to contract with a
 1524  third party for the closing and long-term care of a solid waste
 1525  management facility if:
 1526         1. The facility has or had a department permit to operate
 1527  the facility;
 1528         2. The permittee provided proof of financial assurance for
 1529  closure in the form of an insurance certificate;
 1530         3. The facility is deemed to be abandoned or was ordered to
 1531  close by the department;
 1532         4. Closure is accomplished in substantial accordance with a
 1533  closure plan approved by the department; and
 1534         5. The department has written documentation that the
 1535  insurance company issuing the closure insurance policy will
 1536  provide or reimburse the funds required to complete closing and
 1537  long-term care of the facility.
 1538         (b) The department shall deposit the funds received from
 1539  the insurance company as reimbursement for the costs of closing
 1540  or long-term care of the facility into the solid waste landfill
 1541  closure account.
 1542         (c) This subsection expires July 1, 2017 2016.
 1543         Section 48. Effective upon becoming a law and in order to
 1544  implement Specific Appropriation 1674 and section 49 of the
 1545  2016-2017 General Appropriations Act, and notwithstanding the
 1546  expiration of subsection (5) of section 403.7095, Florida
 1547  Statutes, which occurred on July 1, 2015, that subsection is
 1548  revived, reenacted, and amended to read:
 1549         403.7095 Solid waste management grant program.—
 1550         (5) Notwithstanding any other provision of this section,
 1551  and for the 2015-2016 and 2016-2017 2014-2015 fiscal years year
 1552  only, the Department of Environmental Protection shall award the
 1553  sum of $1,500,000 in grants in the 2015-2016 fiscal year and the
 1554  sum of $3,750,000 $3 million in grants in the 2016-2017 fiscal
 1555  year equally to counties having populations of fewer than
 1556  100,000 for waste tire and litter prevention, recycling
 1557  education, and general solid waste programs. This subsection
 1558  expires July 1, 2017 2015.
 1559         Section 49. In order to implement specific appropriations
 1560  from the land acquisition trust funds within the Department of
 1561  Agriculture and Consumer Services, the Department of
 1562  Environmental Protection, the Department of State, and the Fish
 1563  and Wildlife Conservation Commission which are contained in the
 1564  2016-2017 General Appropriations Act, subsection (3) of section
 1565  215.18, Florida Statutes, is amended to read:
 1566         215.18 Transfers between funds; limitation.—
 1567         (3) Notwithstanding subsection (1) and only with respect to
 1568  a land acquisition trust fund in the Department of Agriculture
 1569  and Consumer Services, the Department of Environmental
 1570  Protection, the Department of State, or the Fish and Wildlife
 1571  Conservation Commission, whenever there is a deficiency in a
 1572  land acquisition trust fund which would render that trust fund
 1573  temporarily insufficient to meet its just requirements,
 1574  including the timely payment of appropriations from that trust
 1575  fund, and other trust funds in the State Treasury have moneys
 1576  that are for the time being or otherwise in excess of the
 1577  amounts necessary to meet the just requirements, including
 1578  appropriated obligations, of those other trust funds, the
 1579  Governor may order a temporary transfer of moneys from one or
 1580  more of the other trust funds to a land acquisition trust fund
 1581  in the Department of Agriculture and Consumer Services, the
 1582  Department of Environmental Protection, the Department of State,
 1583  or the Fish and Wildlife Conservation Commission. Any action
 1584  proposed pursuant to this subsection is subject to the notice,
 1585  review, and objection procedures of s. 216.177, and the Governor
 1586  shall provide notice of such action at least 7 days before the
 1587  effective date of the transfer of trust funds, except that
 1588  during July 2016 2015, notice of such action shall be provided
 1589  at least 3 days before the effective date of a transfer unless
 1590  such 3-day notice is waived by the chair and vice-chair of the
 1591  Legislative Budget Commission. Any transfer of trust funds to a
 1592  land acquisition trust fund in the Department of Agriculture and
 1593  Consumer Services, the Department of Environmental Protection,
 1594  the Department of State, or the Fish and Wildlife Conservation
 1595  Commission must be repaid to the trust funds from which the
 1596  moneys were loaned by the end of the 2016-2017 2015-2016 fiscal
 1597  year. The Legislature has determined that the repayment of the
 1598  other trust fund moneys temporarily loaned to a land acquisition
 1599  trust fund in the Department of Agriculture and Consumer
 1600  Services, the Department of Environmental Protection, the
 1601  Department of State, or the Fish and Wildlife Conservation
 1602  Commission pursuant to this subsection is an allowable use of
 1603  the moneys in a land acquisition trust fund because the moneys
 1604  from other trust funds temporarily loaned to a land acquisition
 1605  trust fund shall be expended solely and exclusively in
 1606  accordance with s. 28, Art. X of the State Constitution. This
 1607  subsection expires July 1, 2017 2016.
 1608         Section 50. (1) In order to implement specific
 1609  appropriations from the land acquisition trust funds within the
 1610  Department of Agriculture and Consumer Services, the Department
 1611  of Environmental Protection, the Department of State, and the
 1612  Fish and Wildlife Conservation Commission which are contained in
 1613  the 2016-2017 General Appropriations Act, the Department of
 1614  Environmental Protection shall transfer revenues in the Land
 1615  Acquisition Trust Fund within the department to the land
 1616  acquisition trust funds within the Department of Agriculture and
 1617  Consumer Services, the Department of State, and the Fish and
 1618  Wildlife Conservation Commission, as provided in this section.
 1619  As used in this section, the term “department” means the
 1620  Department of Environmental Protection.
 1621         (2)After subtracting any required debt service payments,
 1622  the proportionate share of revenues to be transferred to a land
 1623  acquisition trust fund shall be calculated by dividing the
 1624  appropriations from each of the land acquisition trust funds for
 1625  the fiscal year by the total appropriations from the Land
 1626  Acquisition Trust Fund within the department and the land
 1627  acquisition trust funds within the Department of Agriculture and
 1628  Consumer Services, the Department of State, and the Fish and
 1629  Wildlife Conservation Commission for the fiscal year. The
 1630  department shall transfer a proportionate share of the revenues
 1631  deposited into the Land Acquisition Trust Fund within the
 1632  department on a monthly basis to the land acquisition trust
 1633  funds within the Department of Agriculture and Consumer
 1634  Services, the Department of State, and the Fish and Wildlife
 1635  Conservation Commission and shall retain a proportionate share
 1636  of the revenues in the Land Acquisition Trust Fund within the
 1637  department. Total distributions to a land acquisition trust fund
 1638  within the Department of Agriculture and Consumer Services, the
 1639  Department of State, and the Fish and Wildlife Conservation
 1640  Commission may not exceed the total appropriations from such
 1641  trust fund for the fiscal year.
 1642         (3)This section expires July 1, 2017.
 1643         Section 51. In order to implement Specific Appropriation
 1644  1623B of the 2016-2017 General Appropriations Act, subsection
 1645  (9) of section 376.3071, Florida Statutes, is amended to read:
 1646         376.3071 Inland Protection Trust Fund; creation; purposes;
 1647  funding.—
 1648         (9) INVESTMENTS; INTEREST.—Moneys in the fund which are not
 1649  needed currently to meet the obligations of the department in
 1650  the exercise of its responsibilities under this section and s.
 1651  376.3073 shall be deposited with the Chief Financial Officer to
 1652  the credit of the fund and may be invested in such manner as
 1653  provided by law. The interest received on such investment shall
 1654  be credited to the fund. Any provisions of law to the contrary
 1655  notwithstanding, such interest may be freely transferred between
 1656  the trust fund and the Water Quality Assurance Trust Fund in the
 1657  discretion of the department or as authorized in the General
 1658  Appropriations Act.
 1659         Section 52. The amendment made by this act to s.
 1660  376.3071(9), Florida Statutes, expires July 1, 2017, and the
 1661  text of that subsection shall revert to that in existence on
 1662  June 30, 2016, except that any amendments to such text enacted
 1663  other than by this act shall be preserved and continue to
 1664  operate to the extent that such amendments are not dependent
 1665  upon the portions of text which expire pursuant to this section.
 1666         Section 53. In order to implement Specific Appropriation
 1667  2198 of the 2016-2017 General Appropriations Act, subsections
 1668  (4), (5), and (9) of section 288.047, Florida Statutes, are
 1669  amended to read:
 1670         288.047 Quick-response training for economic development.—
 1671         (4)(a)1. CareerSource Florida, Inc., may approve
 1672  applications and execute agreements with terms not to exceed 24
 1673  months under the Quick-Response Training Program as provided in
 1674  this section. However, the total amount of contractual
 1675  obligations at any given time may not exceed $30 million.
 1676         2. The total amount of reimbursements approved for payment
 1677  by CareerSource Florida, Inc., based on actual performance under
 1678  the grant agreement, may not exceed the amount appropriated to
 1679  CareerSource Florida, Inc., for such purposes in fiscal year
 1680  2016-2017. The department shall transfer funds to CareerSource
 1681  Florida, Inc., as needed to make reimbursement payments.
 1682  CareerSource Florida, Inc., may request an advance of the
 1683  appropriation for the Quick-Response Training Program in an
 1684  amount sufficient to reimburse estimated claims for the first
 1685  quarter of fiscal year 2016-2017.
 1686         (b) For the first 6 months of each fiscal year,
 1687  CareerSource Florida, Inc., shall set aside 30 percent of the
 1688  amount appropriated by the Legislature for the Quick-Response
 1689  Training Program to fund instructional programs for businesses
 1690  located in a rural area of opportunity an enterprise zone or
 1691  brownfield area. Any unencumbered funds remaining undisbursed
 1692  from this set-aside at the end of the 6-month period may be used
 1693  to provide funding for a program that qualifies for funding
 1694  pursuant to this section.
 1695         (5) Prior to the allocation of funds for a request made
 1696  pursuant to this section, CareerSource Florida, Inc., shall
 1697  prepare a grant agreement with between the business or industry
 1698  requesting funds, the educational institution receiving funding
 1699  through the program, and CareerSource Florida, Inc. Such
 1700  agreement may include an educational institution receiving
 1701  funding through the program and must include, but is not limited
 1702  to:
 1703         (a) An identification of the personnel necessary to conduct
 1704  the instructional program, the qualifications of such personnel,
 1705  and the respective responsibilities of the parties for paying
 1706  costs associated with the employment of such personnel.
 1707         (b) An identification of the estimated length of the
 1708  instructional program.
 1709         (c) An identification of all direct, training-related
 1710  costs, including tuition and fees, curriculum development, books
 1711  and classroom materials, and overhead or indirect costs, not to
 1712  exceed 5 percent of the grant amount.
 1713         (d) An identification of special program requirements that
 1714  are not addressed otherwise in the agreement.
 1715         (e) Permission to access information specific to the wages
 1716  and performance of participants upon the completion of
 1717  instruction for evaluation purposes. Information which, if
 1718  released, would disclose the identity of the person to whom the
 1719  information pertains or disclose the identity of the person’s
 1720  employer is confidential and exempt from the provisions of s.
 1721  119.07(1). The agreement must specify that any evaluations
 1722  published subsequent to the instruction may not identify the
 1723  employer or any individual participant.
 1724         (9) Notwithstanding any other provision of law, eligible
 1725  matching contributions received during the fiscal year from a
 1726  business or an industry participating in under this section from
 1727  the Quick-Response Training Program may be counted toward the
 1728  private sector support of Enterprise Florida, Inc., under s.
 1729  288.904.
 1730         Section 54. The amendments made by this act to s.
 1731  288.047(4), (5), and (9), Florida Statutes, expire July 1, 2017,
 1732  and the text of those subsections shall revert to that in
 1733  existence on June 30, 2016, except that any amendments to such
 1734  text enacted other than by this act shall be preserved and
 1735  continue to operate to the extent that such amendments are not
 1736  dependent upon the portions of text which expire pursuant to
 1737  this section.
 1738         Section 55. In order to implement Specific Appropriation
 1739  1895 of the 2016-2017 General Appropriations Act, paragraph (i)
 1740  of subsection (4) and paragraph (b) of subsection (5) of section
 1741  339.135, Florida Statutes, are amended, and notwithstanding the
 1742  expiration of paragraph (j) of subsection (4) and paragraph (c)
 1743  of subsection (5) of that section, which occurred on July 1,
 1744  2015, those paragraphs are revived, reenacted, and amended, to
 1745  read:
 1746         339.135 Work program; legislative budget request;
 1747  definitions; preparation, adoption, execution, and amendment.—
 1748         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
 1749         (i) Notwithstanding paragraph (a), and for the 2016-2017
 1750  2015-2016 fiscal year only, the Department of Transportation
 1751  shall use appropriated funds to support the establishment of a
 1752  statewide system of interconnected multiuse trails and to pay
 1753  the costs of planning, land acquisition, design, and
 1754  construction of such trails and related facilities. Funds
 1755  specifically appropriated for this purpose may not reduce,
 1756  delete, or defer any existing projects funded as of July 1, 2016
 1757  2015, in the department’s 5-year work program. This paragraph
 1758  expires July 1, 2017 2016.
 1759         (j) Notwithstanding paragraph (a) and for the 2016-2017
 1760  2014-2015 fiscal year only, the department may use up to $15
 1761  million of appropriated funds to pay the costs of strategic and
 1762  regionally significant transportation projects. Funds may be
 1763  used to provide up to 75 percent of project costs for
 1764  production-ready eligible projects. Preference shall be given to
 1765  projects that support the state’s economic regions, or that have
 1766  been identified as regionally significant in accordance with s.
 1767  339.155(4)(c), (d), and (e), and that have an increased level of
 1768  nonstate match. This paragraph expires July 1, 2017 2015.
 1769         (5) ADOPTION OF THE WORK PROGRAM.—
 1770         (b) Notwithstanding paragraph (a), and for the 2016-2017
 1771  2015-2016 fiscal year only, the department shall use
 1772  appropriated funds to support the establishment of a statewide
 1773  system of interconnected multiuse trails and to pay the costs of
 1774  planning, land acquisition, design, and construction of such
 1775  trails and related facilities. Funds specifically appropriated
 1776  for this purpose may not reduce, delete, or defer any existing
 1777  projects funded as of July 1, 2016 2015, in the department’s 5
 1778  year work program. This paragraph expires July 1, 2017 2016.
 1779         (c) Notwithstanding paragraph (a), and for the 2016-2017
 1780  2014-2015 fiscal year only, the department may use appropriated
 1781  funds to pay the costs of strategic and regionally significant
 1782  transportation projects as provided in paragraph (4)(j). Funds
 1783  specifically appropriated for this purpose may not reduce,
 1784  delete, or defer any existing projects funded as of July 1, 2016
 1785  2014, in the department’s 5-year work program. This paragraph
 1786  expires July 1, 2017 2015.
 1787         Section 56. In order to implement Specific Appropriation
 1788  1890 of the 2016-2017 General Appropriations Act, subsection (2)
 1789  of section 339.2818, Florida Statutes, is amended to read:
 1790         339.2818 Small County Outreach Program.—
 1791         (2)(a) For the purposes of this section, the term “small
 1792  county” means any county that has a population of 150,000 or
 1793  less as determined by the most recent official estimate pursuant
 1794  to s. 186.901.
 1795         (b) Notwithstanding paragraph (a), for the 2016-2017 2015
 1796  2016 fiscal year, for purposes of this section, the term “small
 1797  county” means any county that has a population of 170,000
 1798  165,000 or less as determined by the most recent official
 1799  estimate pursuant to s. 186.901. This paragraph expires July 1,
 1800  2017 2016.
 1801         Section 57. In order to implement Specific Appropriation
 1802  1874 of the 2016-2017 General Appropriations Act, subsection
 1803  (10) of section 341.302, Florida Statutes, is reenacted to read:
 1804         341.302 Rail program; duties and responsibilities of the
 1805  department.—The department, in conjunction with other
 1806  governmental entities, including the rail enterprise and the
 1807  private sector, shall develop and implement a rail program of
 1808  statewide application designed to ensure the proper maintenance,
 1809  safety, revitalization, and expansion of the rail system to
 1810  assure its continued and increased availability to respond to
 1811  statewide mobility needs. Within the resources provided pursuant
 1812  to chapter 216, and as authorized under federal law, the
 1813  department shall:
 1814         (10)(a) Administer rail operating and construction
 1815  programs, which programs shall include the regulation of maximum
 1816  train operating speeds, the opening and closing of public grade
 1817  crossings, the construction and rehabilitation of public grade
 1818  crossings, the installation of traffic control devices at public
 1819  grade crossings, the approval and implementation of quiet zones,
 1820  and administration of the programs by the department, including
 1821  participation in the cost of the programs.
 1822         (b) Provide grant funding to assist with the implementation
 1823  of quiet zones that have been approved by the department, which
 1824  funding may not exceed 50 percent of the nonfederal and
 1825  nonprivate share of the total costs of any quiet zone capital
 1826  improvement project.
 1827         (c) Coordinate and work closely with local, state, and
 1828  federal agencies to provide technical support to local agencies
 1829  for the development of quiet zone plans.
 1830         (d) Monitor crossing incidents at approved quiet zone
 1831  locations and suspend the operation of a quiet zone at any time
 1832  the department determines that a significant deterioration in
 1833  safety is resulting from quiet zone implementation.
 1834         Section 58. The amendment to s. 341.302(10), Florida
 1835  Statutes, as carried forward by this act from chapter 2014-53,
 1836  Laws of Florida, expires July 1, 2017, and the text of that
 1837  subsection shall revert to that in existence on June 30, 2014,
 1838  except that any amendments to such text enacted other than by
 1839  this act shall be preserved and continue to operate to the
 1840  extent that such amendments are not dependent upon the portions
 1841  of text which expire pursuant to this section.
 1842         Section 59. In order to implement Specific Appropriation
 1843  1889 of the 2016-2017 General Appropriations Act, subsection (3)
 1844  of section 339.2816, Florida Statutes, is amended to read:
 1845         339.2816 Small County Road Assistance Program.—
 1846         (3) In the 2016-2017 fiscal year Beginning with fiscal year
 1847  1999-2000 until fiscal year 2009-2010, and beginning again with
 1848  fiscal year 2012-2013, up to $50 $25 million annually from the
 1849  State Transportation Trust Fund may be used for the purposes of
 1850  funding the Small County Road Assistance Program as described in
 1851  this section.
 1852         Section 60. The amendment made by this act to s.
 1853  339.2816(3), Florida Statutes, expires July 1, 2017, and the
 1854  text of that subsection shall revert to that in existence on
 1855  June 30, 2015, except that any amendments to such text enacted
 1856  other than by this act shall be preserved and continue to
 1857  operate to the extent that such amendments are not dependent
 1858  upon the portions of text which expire pursuant to this section.
 1859         Section 61. In order to implement Specific Appropriation
 1860  2224 of the 2016-2017 General Appropriations Act, subsection
 1861  (10) of section 420.9072, Florida Statutes, is amended to read:
 1862         420.9072 State Housing Initiatives Partnership Program.—The
 1863  State Housing Initiatives Partnership Program is created for the
 1864  purpose of providing funds to counties and eligible
 1865  municipalities as an incentive for the creation of local housing
 1866  partnerships, to expand production of and preserve affordable
 1867  housing, to further the housing element of the local government
 1868  comprehensive plan specific to affordable housing, and to
 1869  increase housing-related employment.
 1870         (10) Notwithstanding ss. 420.9071(26) and 420.9075(5) and
 1871  subsection (7), for the 2016-2017 2015-2016 fiscal year:
 1872         (a) The term “rent subsidies” means ongoing monthly rental
 1873  assistance.
 1874         (b) Up to 25 percent of the funds made available in each
 1875  county and each eligible municipality from the local housing
 1876  distribution may be used for rental assistance and rent
 1877  subsidies as provided in paragraph (c).
 1878         (c) A county or an eligible municipality may expend its
 1879  portion of the local housing distribution to provide the
 1880  following types of rental assistance and rent subsidies:
 1881         1. Security and utility deposit assistance.
 1882         2. Eviction prevention subsidies not to exceed 6 months’
 1883  rent.
 1884         3. Rent subsidies for very-low-income households with at
 1885  least one adult who is a person with special needs as defined in
 1886  s. 420.0004 or a person who is homeless as defined in s. 420.621
 1887  when the person initially qualified for a rent subsidy. The
 1888  period of rental subsidy may not exceed 12 months for any
 1889  eligible household or person.
 1890         (d) This subsection expires July 1, 2017 2016.
 1891         Section 62. In order to implement Specific Appropriation
 1892  2223 of the 2016-2017 General Appropriations Act, subsection
 1893  (10) of section 420.5087, Florida Statutes, is amended to read:
 1894         420.5087 State Apartment Incentive Loan Program.—There is
 1895  hereby created the State Apartment Incentive Loan Program for
 1896  the purpose of providing first, second, or other subordinated
 1897  mortgage loans or loan guarantees to sponsors, including for
 1898  profit, nonprofit, and public entities, to provide housing
 1899  affordable to very-low-income persons.
 1900         (10)(a) Notwithstanding subsection (3), for the 2016-2017
 1901  2015-2016 fiscal year, the reservation of funds for the tenant
 1902  groups within each notice of fund availability shall be:
 1903         1. Not less than 10 percent of the funds available at that
 1904  time for the following tenant groups:
 1905         a. Families;
 1906         b. Persons who are homeless;
 1907         c. Persons with special needs; and
 1908         d. Elderly persons.
 1909         2. Not less than 5 percent of the funds available at that
 1910  time for the commercial fishing workers and farmworkers tenant
 1911  group.
 1912         (b) Notwithstanding the provisions of this section which
 1913  require program funds be used for housing for very-low-income
 1914  persons and the provisions of subparagraph (6)(c)4. which
 1915  require that specified percentages of the units in a project be
 1916  reserved for persons or families of specified income levels, for
 1917  the 2016-2017 fiscal year, the corporation shall issue a notice
 1918  of fund availability for $20 million for loans for the
 1919  construction of workforce housing to serve primarily low-income
 1920  persons, as defined in s. 420.0004.
 1921         (c) This subsection expires July 1, 2017 2016.
 1922         Section 63. In order to implement Specific Appropriation
 1923  1856 of the 2016-2017 General Appropriations Act, subsection
 1924  (30) is added to section 427.013, Florida Statutes, to read:
 1925         427.013 The Commission for the Transportation
 1926  Disadvantaged; purpose and responsibilities.—The purpose of the
 1927  commission is to accomplish the coordination of transportation
 1928  services provided to the transportation disadvantaged. The goal
 1929  of this coordination is to assure the cost-effective provision
 1930  of transportation by qualified community transportation
 1931  coordinators or transportation operators for the transportation
 1932  disadvantaged without any bias or presumption in favor of
 1933  multioperator systems or not-for-profit transportation operators
 1934  over single operator systems or for-profit transportation
 1935  operators. In carrying out this purpose, the commission shall:
 1936         (30) For the 2016-2017 fiscal year and notwithstanding any
 1937  other provision of this section:
 1938         (a) Allocate, from funds provided in the General
 1939  Appropriations Act, to community transportation coordinators who
 1940  do not receive Urbanized Area Formula funds pursuant to 49
 1941  U.S.C. s. 5307 to provide transportation services for persons
 1942  with disabilities, older adults, and low-income persons so they
 1943  may access health care, employment, education, and other life
 1944  sustaining activities. Funds allocated for this purpose shall be
 1945  distributed among community transportation coordinators based
 1946  upon the Transportation Disadvantaged Trip and Equipment
 1947  allocation methodology established by the commission.
 1948         (b) Award, from funds provided in the General
 1949  Appropriations Act, competitive grants to community
 1950  transportation coordinators to address unique transportation
 1951  challenges of persons with disabilities, older adults, and low
 1952  income persons seeking to obtain or maintain employment; to
 1953  allow residents of inner-city, urban, or rural neighborhoods to
 1954  access jobs; and to provide transportation services for persons
 1955  who work late at night or on weekends when conventional transit
 1956  services are reduced or unavailable.
 1957         (c) Award, from funds provided in the General
 1958  Appropriations Act, competitive grants to community
 1959  transportation coordinators to support transportation projects
 1960  to:
 1961         1. Enhance access to health care, shopping, education,
 1962  employment, public services, and recreation;
 1963         2. Assist in the development, improvement, and use of
 1964  transportation systems in nonurbanized areas;
 1965         3. Promote the efficient coordination of services;
 1966         4. Support inner-city bus transportation; and
 1967         5. Encourage private transportation providers to
 1968  participate.
 1969         (d) This subsection expires July 1, 2017.
 1970         Section 64. In order to implement the salaries and
 1971  benefits, expenses, other personal services, contracted
 1972  services, special categories, and operating capital outlay
 1973  categories of the 2016-2017 General Appropriations Act,
 1974  paragraph (a) of subsection (2) of section 216.292, Florida
 1975  Statutes, is reenacted to read:
 1976         216.292 Appropriations nontransferable; exceptions.—
 1977         (2) The following transfers are authorized to be made by
 1978  the head of each department or the Chief Justice of the Supreme
 1979  Court whenever it is deemed necessary by reason of changed
 1980  conditions:
 1981         (a) The transfer of appropriations funded from identical
 1982  funding sources, except appropriations for fixed capital outlay,
 1983  and the transfer of amounts included within the total original
 1984  approved budget and plans of releases of appropriations as
 1985  furnished pursuant to ss. 216.181 and 216.192, as follows:
 1986         1. Between categories of appropriations within a budget
 1987  entity, if no category of appropriation is increased or
 1988  decreased by more than 5 percent of the original approved budget
 1989  or $250,000, whichever is greater, by all action taken under
 1990  this subsection.
 1991         2. Between budget entities within identical categories of
 1992  appropriations, if no category of appropriation is increased or
 1993  decreased by more than 5 percent of the original approved budget
 1994  or $250,000, whichever is greater, by all action taken under
 1995  this subsection.
 1996         3. Any agency exceeding salary rate established pursuant to
 1997  s. 216.181(8) on June 30th of any fiscal year shall not be
 1998  authorized to make transfers pursuant to subparagraphs 1. and 2.
 1999  in the subsequent fiscal year.
 2000         4. Notice of proposed transfers under subparagraphs 1. and
 2001  2. shall be provided to the Executive Office of the Governor and
 2002  the chairs of the legislative appropriations committees at least
 2003  3 days prior to agency implementation in order to provide an
 2004  opportunity for review.
 2005         Section 65. The amendment to s. 216.292(2)(a), Florida
 2006  Statutes, as carried forward by this act from chapter 2014-53,
 2007  Laws of Florida, expires July 1, 2017, and the text of that
 2008  paragraph shall revert to that in existence on June 30, 2014,
 2009  except that any amendments to such text enacted other than by
 2010  this act shall be preserved and continue to operate to the
 2011  extent that such amendments are not dependent upon the portions
 2012  of text which expire pursuant to this section.
 2013         Section 66. In order to implement the appropriation of
 2014  funds in the contracted services and expenses categories of the
 2015  2016-2017 General Appropriations Act, a state agency may not
 2016  initiate a competitive solicitation for a product or service if
 2017  the completion of such competitive solicitation would:
 2018         (1) Require a change in law; or
 2019         (2) Require a change to the agency’s budget other than a
 2020  transfer authorized in s. 216.292(2) or (3), Florida Statutes,
 2021  unless the initiation of such competitive solicitation is
 2022  specifically authorized in law, in the General Appropriations
 2023  Act, or by the Legislative Budget Commission.
 2024  
 2025  This section does not apply to a competitive solicitation for
 2026  which the agency head certifies that a valid emergency exists.
 2027  This section expires July 1, 2017.
 2028         Section 67. In order to implement the appropriation of
 2029  funds in the appropriation category “Special Categories-Risk
 2030  Management Insurance” in the 2016-2017 General Appropriations
 2031  Act, and pursuant to the notice, review, and objection
 2032  procedures of s. 216.177, Florida Statutes, the Executive Office
 2033  of the Governor may transfer funds appropriated in that category
 2034  between departments in order to align the budget authority
 2035  granted with the premiums paid by each department for risk
 2036  management insurance. This section expires July 1, 2017.
 2037         Section 68. In order to implement the appropriation of
 2038  funds in the appropriation category “Special Categories-Transfer
 2039  to Department of Management Services-Human Resources Services
 2040  Purchased per Statewide Contract” in the 2016-2017 General
 2041  Appropriations Act, and pursuant to the notice, review, and
 2042  objection procedures of s. 216.177, Florida Statutes, the
 2043  Executive Office of the Governor may transfer funds appropriated
 2044  in that category between departments in order to align the
 2045  budget authority granted with the assessments that must be paid
 2046  by each agency to the Department of Management Services for
 2047  human resource management services. This section expires July 1,
 2048  2017.
 2049         Section 69. In order to implement appropriations for
 2050  salaries and benefits in the 2016-2017 General Appropriations
 2051  Act, subsection (6) of section 112.24, Florida Statutes, is
 2052  amended to read:
 2053         112.24 Intergovernmental interchange of public employees.
 2054  To encourage economical and effective utilization of public
 2055  employees in this state, the temporary assignment of employees
 2056  among agencies of government, both state and local, and
 2057  including school districts and public institutions of higher
 2058  education is authorized under terms and conditions set forth in
 2059  this section. State agencies, municipalities, and political
 2060  subdivisions are authorized to enter into employee interchange
 2061  agreements with other state agencies, the Federal Government,
 2062  another state, a municipality, or a political subdivision
 2063  including a school district, or with a public institution of
 2064  higher education. State agencies are also authorized to enter
 2065  into employee interchange agreements with private institutions
 2066  of higher education and other nonprofit organizations under the
 2067  terms and conditions provided in this section. In addition, the
 2068  Governor or the Governor and Cabinet may enter into employee
 2069  interchange agreements with a state agency, the Federal
 2070  Government, another state, a municipality, or a political
 2071  subdivision including a school district, or with a public
 2072  institution of higher learning to fill, subject to the
 2073  requirements of chapter 20, appointive offices which are within
 2074  the executive branch of government and which are filled by
 2075  appointment by the Governor or the Governor and Cabinet. Under
 2076  no circumstances shall employee interchange agreements be
 2077  utilized for the purpose of assigning individuals to participate
 2078  in political campaigns. Duties and responsibilities of
 2079  interchange employees shall be limited to the mission and goals
 2080  of the agencies of government.
 2081         (6) For the 2016-2017 2015-2016 fiscal year only, the
 2082  assignment of an employee of a state agency as provided in this
 2083  section may be made if recommended by the Governor or Chief
 2084  Justice, as appropriate, and approved by the chairs of the
 2085  legislative appropriations committees. Such actions shall be
 2086  deemed approved if neither chair provides written notice of
 2087  objection within 14 days after receiving notice of the action
 2088  pursuant to s. 216.177. This subsection expires July 1, 2017
 2089  2016.
 2090         Section 70. In order to implement Specific Appropriations
 2091  2652 and 2653 of the 2016-2017 General Appropriations Act and
 2092  notwithstanding s. 11.13(1), Florida Statutes, the authorized
 2093  salaries for members of the Legislature for the 2016-2017 fiscal
 2094  year shall be set at the same level in effect on July 1, 2010.
 2095  This section expires July 1, 2017.
 2096         Section 71. In order to implement the transfer of funds to
 2097  the General Revenue Fund from trust funds in the 2016-2017
 2098  General Appropriations Act, paragraph (b) of subsection (2) of
 2099  section 215.32, Florida Statutes, is reenacted to read:
 2100         215.32 State funds; segregation.—
 2101         (2) The source and use of each of these funds shall be as
 2102  follows:
 2103         (b)1. The trust funds shall consist of moneys received by
 2104  the state which under law or under trust agreement are
 2105  segregated for a purpose authorized by law. The state agency or
 2106  branch of state government receiving or collecting such moneys
 2107  is responsible for their proper expenditure as provided by law.
 2108  Upon the request of the state agency or branch of state
 2109  government responsible for the administration of the trust fund,
 2110  the Chief Financial Officer may establish accounts within the
 2111  trust fund at a level considered necessary for proper
 2112  accountability. Once an account is established, the Chief
 2113  Financial Officer may authorize payment from that account only
 2114  upon determining that there is sufficient cash and releases at
 2115  the level of the account.
 2116         2. In addition to other trust funds created by law, to the
 2117  extent possible, each agency shall use the following trust funds
 2118  as described in this subparagraph for day-to-day operations:
 2119         a. Operations or operating trust fund, for use as a
 2120  depository for funds to be used for program operations funded by
 2121  program revenues, with the exception of administrative
 2122  activities when the operations or operating trust fund is a
 2123  proprietary fund.
 2124         b. Operations and maintenance trust fund, for use as a
 2125  depository for client services funded by third-party payors.
 2126         c. Administrative trust fund, for use as a depository for
 2127  funds to be used for management activities that are departmental
 2128  in nature and funded by indirect cost earnings and assessments
 2129  against trust funds. Proprietary funds are excluded from the
 2130  requirement of using an administrative trust fund.
 2131         d. Grants and donations trust fund, for use as a depository
 2132  for funds to be used for allowable grant or donor agreement
 2133  activities funded by restricted contractual revenue from private
 2134  and public nonfederal sources.
 2135         e. Agency working capital trust fund, for use as a
 2136  depository for funds to be used pursuant to s. 216.272.
 2137         f. Clearing funds trust fund, for use as a depository for
 2138  funds to account for collections pending distribution to lawful
 2139  recipients.
 2140         g. Federal grant trust fund, for use as a depository for
 2141  funds to be used for allowable grant activities funded by
 2142  restricted program revenues from federal sources.
 2143  
 2144  To the extent possible, each agency must adjust its internal
 2145  accounting to use existing trust funds consistent with the
 2146  requirements of this subparagraph. If an agency does not have
 2147  trust funds listed in this subparagraph and cannot make such
 2148  adjustment, the agency must recommend the creation of the
 2149  necessary trust funds to the Legislature no later than the next
 2150  scheduled review of the agency’s trust funds pursuant to s.
 2151  215.3206.
 2152         3. All such moneys are hereby appropriated to be expended
 2153  in accordance with the law or trust agreement under which they
 2154  were received, subject always to the provisions of chapter 216
 2155  relating to the appropriation of funds and to the applicable
 2156  laws relating to the deposit or expenditure of moneys in the
 2157  State Treasury.
 2158         4.a. Notwithstanding any provision of law restricting the
 2159  use of trust funds to specific purposes, unappropriated cash
 2160  balances from selected trust funds may be authorized by the
 2161  Legislature for transfer to the Budget Stabilization Fund and
 2162  General Revenue Fund in the General Appropriations Act.
 2163         b. This subparagraph does not apply to trust funds required
 2164  by federal programs or mandates; trust funds established for
 2165  bond covenants, indentures, or resolutions whose revenues are
 2166  legally pledged by the state or public body to meet debt service
 2167  or other financial requirements of any debt obligations of the
 2168  state or any public body; the Division of Licensing Trust Fund
 2169  in the Department of Agriculture and Consumer Services; the
 2170  State Transportation Trust Fund; the trust fund containing the
 2171  net annual proceeds from the Florida Education Lotteries; the
 2172  Florida Retirement System Trust Fund; trust funds under the
 2173  management of the State Board of Education or the Board of
 2174  Governors of the State University System, where such trust funds
 2175  are for auxiliary enterprises, self-insurance, and contracts,
 2176  grants, and donations, as those terms are defined by general
 2177  law; trust funds that serve as clearing funds or accounts for
 2178  the Chief Financial Officer or state agencies; trust funds that
 2179  account for assets held by the state in a trustee capacity as an
 2180  agent or fiduciary for individuals, private organizations, or
 2181  other governmental units; and other trust funds authorized by
 2182  the State Constitution.
 2183         Section 72. The amendment to s. 215.32(2)(b), Florida
 2184  Statutes, as carried forward by this act from chapter 2011-47,
 2185  Laws of Florida, expires July 1, 2017, and the text of that
 2186  paragraph shall revert to that in existence on June 30, 2011,
 2187  except that any amendments to such text enacted other than by
 2188  this act shall be preserved and continue to operate to the
 2189  extent that such amendments are not dependent upon the portions
 2190  of text which expire pursuant to this section.
 2191         Section 73. In order to implement the issuance of new debt
 2192  authorized in the 2016-2017 General Appropriations Act, and
 2193  pursuant to s. 215.98, Florida Statutes, the Legislature
 2194  determines that the authorization and issuance of debt for the
 2195  2016-2017 fiscal year should be implemented and is in the best
 2196  interest of the state. This section expires July 1, 2017.
 2197         Section 74. In order to implement appropriations in the
 2198  2016-2017 General Appropriations Act for state employee travel,
 2199  the funds appropriated to each state agency which may be used
 2200  for travel by state employees shall be limited during the 2016
 2201  2017 fiscal year to travel for activities that are critical to
 2202  each state agency’s mission. Funds may not be used for travel by
 2203  state employees to foreign countries, other states, conferences,
 2204  staff training activities, or other administrative functions
 2205  unless the agency head has approved, in writing, that such
 2206  activities are critical to the agency’s mission. The agency head
 2207  shall consider using teleconferencing and other forms of
 2208  electronic communication to meet the needs of the proposed
 2209  activity before approving mission-critical travel. This section
 2210  does not apply to travel for law enforcement purposes, military
 2211  purposes, emergency management activities, or public health
 2212  activities. This section expires July 1, 2017.
 2213         Section 75. In order to implement Specific Appropriations
 2214  2892 through 2913 of the 2016-2017 General Appropriations Act,
 2215  funded from the data processing appropriation category for
 2216  computing services of user agencies, and pursuant to the notice,
 2217  review, and objection procedures of s. 216.177, Florida
 2218  Statutes, the Executive Office of the Governor may transfer
 2219  funds appropriated for data processing in the 2016-2017 General
 2220  Appropriations Act between agencies in order to align the budget
 2221  authority granted with the utilization rate of each department.
 2222  This section expires July 1, 2017.
 2223         Section 76. In order to implement the appropriation of
 2224  funds in the appropriation category “Data Processing Services
 2225  State Data Center-Agency for State Technology (AST)” in the
 2226  2016-2017 General Appropriations Act, and pursuant to the
 2227  notice, review, and objection procedures of s. 216.177, Florida
 2228  Statutes, the Executive Office of the Governor may transfer
 2229  funds appropriated in that category between departments in order
 2230  to align the budget authority granted based on the estimated
 2231  billing cycle and methodology used by the Agency for State
 2232  Technology for data processing services provided by the State
 2233  Data Center. This section expires July 1, 2017.
 2234         Section 77. In order to implement appropriations authorized
 2235  in the 2016-2017 General Appropriations Act for data center
 2236  services, and notwithstanding s. 216.292(2)(a), Florida
 2237  Statutes, except as authorized in sections 75 and 76 of this
 2238  act, an agency may not transfer funds from a data processing
 2239  category to a category other than another data processing
 2240  category. This section expires July 1, 2017.
 2241         Section 78. In order to implement Specific Appropriation
 2242  2826 of the 2016-2017 General Appropriations Act, the Executive
 2243  Office of the Governor may transfer funds appropriated in the
 2244  appropriation category “Expenses” of the 2016-2017 General
 2245  Appropriations Act between agencies in order to allocate a
 2246  reduction relating to SUNCOM Network services. This section
 2247  expires July 1, 2017.
 2248         Section 79. In order to implement section 8 of the 2016
 2249  2017 General Appropriations Act, section 110.12315, Florida
 2250  Statutes, is reenacted to read:
 2251         110.12315 Prescription drug program.—The state employees’
 2252  prescription drug program is established. This program shall be
 2253  administered by the Department of Management Services, according
 2254  to the terms and conditions of the plan as established by the
 2255  relevant provisions of the annual General Appropriations Act and
 2256  implementing legislation, subject to the following conditions:
 2257         (1) The department shall allow prescriptions written by
 2258  health care providers under the plan to be filled by any
 2259  licensed pharmacy pursuant to contractual claims-processing
 2260  provisions. Nothing in this section may be construed as
 2261  prohibiting a mail order prescription drug program distinct from
 2262  the service provided by retail pharmacies.
 2263         (2) In providing for reimbursement of pharmacies for
 2264  prescription medicines dispensed to members of the state group
 2265  health insurance plan and their dependents under the state
 2266  employees’ prescription drug program:
 2267         (a) Retail pharmacies participating in the program must be
 2268  reimbursed at a uniform rate and subject to uniform conditions,
 2269  according to the terms and conditions of the plan.
 2270         (b) There shall be a 30-day supply limit for prescription
 2271  card purchases, a 90-day supply limit for maintenance
 2272  prescription drug purchases, and a 90-day supply limit for mail
 2273  order or mail order prescription drug purchases.
 2274         (c) The pharmacy dispensing fee shall be negotiated by the
 2275  department.
 2276         (3) Pharmacy reimbursement rates shall be as follows:
 2277         (a) For mail order and specialty pharmacies contracting
 2278  with the department, reimbursement rates shall be as established
 2279  in the contract.
 2280         (b) For retail pharmacies, the reimbursement rate shall be
 2281  at the same rate as mail order pharmacies under contract with
 2282  the department.
 2283         (4) The department shall maintain the preferred brand name
 2284  drug list to be used in the administration of the state
 2285  employees’ prescription drug program.
 2286         (5) The department shall maintain a list of maintenance
 2287  drugs.
 2288         (a) Preferred provider organization health plan members may
 2289  have prescriptions for maintenance drugs filled up to three
 2290  times as a 30-day supply through a retail pharmacy; thereafter,
 2291  prescriptions for the same maintenance drug must be filled as a
 2292  90-day supply either through the department’s contracted mail
 2293  order pharmacy or through a retail pharmacy.
 2294         (b) Health maintenance organization health plan members may
 2295  have prescriptions for maintenance drugs filled as a 90-day
 2296  supply either through a mail order pharmacy or through a retail
 2297  pharmacy.
 2298         (6) Copayments made by health plan members for a 90-day
 2299  supply through a retail pharmacy shall be the same as copayments
 2300  made for a 90-day supply through the department’s contracted
 2301  mail order pharmacy.
 2302         (7) The department shall establish the reimbursement
 2303  schedule for prescription pharmaceuticals dispensed under the
 2304  program. Reimbursement rates for a prescription pharmaceutical
 2305  must be based on the cost of the generic equivalent drug if a
 2306  generic equivalent exists, unless the physician prescribing the
 2307  pharmaceutical clearly states on the prescription that the brand
 2308  name drug is medically necessary or that the drug product is
 2309  included on the formulary of drug products that may not be
 2310  interchanged as provided in chapter 465, in which case
 2311  reimbursement must be based on the cost of the brand name drug
 2312  as specified in the reimbursement schedule adopted by the
 2313  department.
 2314         (8) The department shall conduct a prescription utilization
 2315  review program. In order to participate in the state employees’
 2316  prescription drug program, retail pharmacies dispensing
 2317  prescription medicines to members of the state group health
 2318  insurance plan or their covered dependents, or to subscribers or
 2319  covered dependents of a health maintenance organization plan
 2320  under the state group insurance program, shall make their
 2321  records available for this review.
 2322         (9) The department shall implement such additional cost
 2323  saving measures and adjustments as may be required to balance
 2324  program funding within appropriations provided, including a
 2325  trial or starter dose program and dispensing of long-term
 2326  maintenance medication in lieu of acute therapy medication.
 2327         (10) Participating pharmacies must use a point-of-sale
 2328  device or an online computer system to verify a participant’s
 2329  eligibility for coverage. The state is not liable for
 2330  reimbursement of a participating pharmacy for dispensing
 2331  prescription drugs to any person whose current eligibility for
 2332  coverage has not been verified by the state’s contracted
 2333  administrator or by the department.
 2334         (11) Under the state employees’ prescription drug program
 2335  copayments must be made as follows:
 2336         (a) Effective January 1, 2013, for the State Group Health
 2337  Insurance Standard Plan:
 2338         1. For generic drug with card.........................$7.
 2339         2. For preferred brand name drug with card...........$30.
 2340         3. For nonpreferred brand name drug with card........$50.
 2341         4. For generic mail order drug.......................$14.
 2342         5. For preferred brand name mail order drug..........$60.
 2343         6. For nonpreferred brand name mail order drug......$100.
 2344         (b) Effective January 1, 2006, for the State Group Health
 2345  Insurance High Deductible Plan:
 2346         1. Retail coinsurance for generic drug with card.....30%.
 2347         2. Retail coinsurance for preferred brand name drug with
 2348  card........................................................30%.
 2349         3. Retail coinsurance for nonpreferred brand name drug with
 2350  card........................................................50%.
 2351         4. Mail order coinsurance for generic drug...........30%.
 2352         5. Mail order coinsurance for preferred brand name drug30%.
 2353         6. Mail order coinsurance for nonpreferred brand name
 2354  drug........................................................50%.
 2355         (c) The department shall create a preferred brand name drug
 2356  list to be used in the administration of the state employees’
 2357  prescription drug program.
 2358         Section 80. (1) The amendment to s. 110.12315(2)(b),
 2359  Florida Statutes, as carried forward by this act from chapter
 2360  2014-53, Laws of Florida, expires July 1, 2017, and the text of
 2361  that paragraph shall revert to that in existence on June 30,
 2362  2012, except that any amendments to such text enacted other than
 2363  by this act shall be preserved and continue to operate to the
 2364  extent that such amendments are not dependent upon the portions
 2365  of text which expire pursuant to this section.
 2366         (2) The amendments to s. 110.12315(2)(c) and (3)-(6),
 2367  Florida Statutes, as carried forward by this act from chapter
 2368  2014-53, Laws of Florida, expire July 1, 2017, and the text of
 2369  that paragraph and the text and numbering of those subsections
 2370  shall revert to those in existence on June 30, 2014, except that
 2371  any amendments to such text enacted other than by this act shall
 2372  be preserved and continue to operate to the extent that such
 2373  amendments are not dependent upon the portions of text which
 2374  expire pursuant to this section.
 2375         (3) The amendment to s. 110.12315(7), Florida Statutes, as
 2376  carried forward by this act from chapter 2014-53, Laws of
 2377  Florida, expires July 1, 2017, and the text of that subsection
 2378  shall revert to that in existence on December 31, 2010, except
 2379  that any amendments to such text enacted other than by this act
 2380  shall be preserved and continue to operate to the extent that
 2381  such amendments are not dependent upon the portions of text
 2382  which expire pursuant to this section.
 2383         Section 81. Any section of this act which implements a
 2384  specific appropriation or specifically identified proviso
 2385  language in the 2016-2017 General Appropriations Act is void if
 2386  the specific appropriation or specifically identified proviso
 2387  language is vetoed. Any section of this act which implements
 2388  more than one specific appropriation or more than one portion of
 2389  specifically identified proviso language in the 2016-2017
 2390  General Appropriations Act is void if all the specific
 2391  appropriations or portions of specifically identified proviso
 2392  language are vetoed.
 2393         Section 82. If any other act passed during the 2016 Regular
 2394  Session contains a provision that is substantively the same as a
 2395  provision in this act, but that removes or is otherwise not
 2396  subject to the future repeal applied to such provision by this
 2397  act, the Legislature intends that the provision in the other act
 2398  takes precedence and continues to operate, notwithstanding the
 2399  future repeal provided by this act.
 2400         Section 83. If any provision of this act or its application
 2401  to any person or circumstance is held invalid, the invalidity
 2402  does not affect other provisions or applications of the act
 2403  which can be given effect without the invalid provision or
 2404  application, and to this end the provisions of this act are
 2405  severable.
 2406         Section 84. Except as otherwise expressly provided in this
 2407  act and except for this section, which shall take effect upon
 2408  this act becoming a law, this act shall take effect July 1,
 2409  2016.
 2410  
 2411  ================= T I T L E  A M E N D M E N T ================
 2412  And the title is amended as follows:
 2413         Delete everything before the enacting clause
 2414  and insert:
 2415                        A bill to be entitled                      
 2416         An act implementing the 2016-2017 General
 2417         Appropriations Act; providing legislative intent;
 2418         incorporating by reference certain calculations of the
 2419         Florida Education Finance Program; providing that
 2420         funds for instructional materials must be released and
 2421         expended as required in specified proviso language;
 2422         specifying the required ad valorem tax millage
 2423         contribution by certain district school boards for
 2424         certain funded construction projects; amending s.
 2425         1011.62, F.S.; revising the method for allocating
 2426         funds for exceptional student education programs;
 2427         extending by 1 fiscal year the requirement that
 2428         specified school districts use certain funds toward
 2429         additional intensive reading instruction; specifying
 2430         the method for determining the 300 lowest-performing
 2431         elementary schools; requiring categorical funds for
 2432         supplemental academic instruction to be provided for
 2433         in the Florida Education Finance Program; specifying
 2434         the method of determining the allocation of
 2435         categorical funding; providing for the recalculation
 2436         of categorical funding; requiring an allocation to be
 2437         prorated if certain conditions exist; revising the
 2438         computation of the district sparsity index for
 2439         districts that meet certain criteria; deleting
 2440         obsolete language; creating a federally connected
 2441         student supplement for school districts; specifying
 2442         eligibility requirements and calculations for
 2443         allocations of the supplement; conforming cross
 2444         references; amending s. 1011.71, F.S.; conforming a
 2445         cross-reference; providing for the future expiration
 2446         and reversion of specified statutory text; amending s.
 2447         1004.935, F.S.; extending the date by which the Adults
 2448         with Disabilities Workforce Education Pilot Program
 2449         may operate; providing for the future expiration and
 2450         reversion of specified statutory text; amending s.
 2451         1013.74, F.S.; authorizing a university board of
 2452         trustees to expend certain reserve or carry forward
 2453         balances from a prior year for specified capital
 2454         outlay projects if certain conditions are met;
 2455         amending s. 1001.92, F.S.; revising requirements for
 2456         the performance-based metrics adopted by the Board of
 2457         Governors of the State University System for purposes
 2458         of the State University System Performance-Based
 2459         Incentive; requiring the Board of Governors to
 2460         establish eligibility thresholds to determine a state
 2461         university’s eligibility to receive performance
 2462         funding; creating s. 1001.66, F.S.; requiring a
 2463         Florida College System Performance-Based Incentive to
 2464         be awarded to Florida College System institutions
 2465         using certain performance-based metrics and benchmarks
 2466         adopted by the State Board of Education; specifying
 2467         allocation of the funds; requiring the State Board of
 2468         Education to establish eligibility thresholds to
 2469         determine an institution’s eligibility to receive
 2470         performance funding; requiring certain funds to be
 2471         withheld from, and certain improvement plans to be
 2472         submitted to the State Board of Education by,
 2473         institutions based on specified performance;
 2474         specifying monitoring and reporting requirements for
 2475         improvement plans; requiring the Commissioner of
 2476         Education to withhold disbursement of specified funds
 2477         until certain conditions are met; specifying
 2478         requirements regarding the distribution of funds;
 2479         requiring the State Board of Education to report to
 2480         the Governor and the Legislature regarding the
 2481         performance funding allocation; amending s. 1012.75,
 2482         F.S.; extending by 1 fiscal year provisions
 2483         authorizing the Department of Education to administer
 2484         an educator liability insurance program; creating s.
 2485         1001.67, F.S.; establishing the Distinguished Florida
 2486         College System institution program; specifying the
 2487         excellence standards for purposes of the program;
 2488         prescribing minimum criteria for an institution to
 2489         receive a distinguished college designation;
 2490         specifying that designated institutions are eligible
 2491         for funding as provided in the General Appropriations
 2492         Act; amending s. 1001.7065, F.S., and reenacting
 2493         subsection (1), relating to the preeminent state
 2494         research universities program; revising academic and
 2495         research excellence standards for the preeminent state
 2496         research universities program; requiring the Board of
 2497         Governors to designate a state university that meets
 2498         certain criteria as an “emerging preeminent state
 2499         research university”; revising provisions governing
 2500         the award of funds to a designated preeminent state
 2501         research university; requiring an emerging preeminent
 2502         state research university to submit a benchmark plan
 2503         to the board; specifying the method of determining
 2504         funding amounts; deleting a provision establishing the
 2505         Preeminent State Research University Enhancement
 2506         Initiative; removing authority for a state research
 2507         university to establish special course requirements;
 2508         providing for the future expiration and reversion of
 2509         specified statutory text; authorizing the Agency for
 2510         Health Care Administration to submit a budget
 2511         amendment to realign funding based upon a specified
 2512         model, methodology, and framework; specifying
 2513         requirements for such realignment; requiring the
 2514         Agency for Persons with Disabilities to offer
 2515         enrollment in the Medicaid home and community-based
 2516         waiver to certain individuals; specifying criteria for
 2517         enrollment prioritization; requiring an individual to
 2518         be allowed to receive home and community-based
 2519         services if his or her parent or legal guardian is an
 2520         active-duty servicemember transferred to this state
 2521         under certain circumstances; providing that
 2522         individuals remaining on the wait list are not
 2523         entitled to a hearing in accordance with federal law
 2524         or an administrative proceeding under state law;
 2525         specifying the requirements that apply to the iBudgets
 2526         of clients on the home and community-based services
 2527         waiver until the Agency for Persons with Disabilities
 2528         adopts a new allocation algorithm and methodology by
 2529         final rule; providing for application of the new
 2530         allocation algorithm and methodology after adoption of
 2531         the final rule; providing requirements for an increase
 2532         in iBudget funding allocations; amending s. 296.37,
 2533         F.S.; extending for 1 fiscal year the requirement that
 2534         certain residents of a veterans’ nursing home
 2535         contribute to their maintenance and support; requiring
 2536         the Agency for Health Care Administration to ensure
 2537         that nursing facility residents who are eligible for
 2538         funds to transition to home and community-based
 2539         services waivers have resided in a skilled nursing
 2540         facility for a specified period; requiring the Agency
 2541         for Health Care Administration and the Department of
 2542         Elderly Affairs to prioritize individuals for
 2543         enrollment in the Medicaid Long-Term Care Waiver
 2544         program using a certain frailty-based screening;
 2545         authorizing the Agency for Health Care Administration
 2546         to adopt rules and enter into certain interagency
 2547         agreements with respect to program enrollment;
 2548         authorizing the delegation of certain responsibilities
 2549         with respect to program enrollment; authorizing the
 2550         Agency for Health Care Administration, in consultation
 2551         with the Department of Health, to submit a budget
 2552         amendment to reflect certain enrollment changes within
 2553         the Children’s Medical Services Network; authorizing
 2554         the agency to submit a request for nonoperating budget
 2555         authority to transfer federal funds to the Department
 2556         of Health under certain circumstances; incorporating
 2557         by reference certain calculations of the Medicaid Low
 2558         Income Pool, Disproportionate Share Hospital, and
 2559         hospital reimbursement programs for the 2016-2017
 2560         fiscal year; amending s. 893.055, F.S.; extending for
 2561         1 fiscal year the authority of the Department of
 2562         Health to use certain funds to administer the
 2563         prescription drug monitoring program; prohibiting the
 2564         use of funds received from a settlement agreement to
 2565         administer the program; amending s. 216.262, F.S.;
 2566         extending for 1 fiscal year the authority of the
 2567         Department of Corrections to submit a budget amendment
 2568         for additional positions and appropriations under
 2569         certain circumstances; authorizing the Department of
 2570         Legal Affairs to expend certain appropriated funds on
 2571         programs that were funded by the department from
 2572         specific appropriations in general appropriations acts
 2573         in previous years; amending s. 932.7055, F.S.;
 2574         extending for 1 fiscal year the authority for a
 2575         municipality to expend funds from its special law
 2576         enforcement trust fund to reimburse its general fund
 2577         for certain moneys; amending s. 215.18, F.S.;
 2578         extending for 1 fiscal year the authority and related
 2579         repayment requirements for trust fund loans to the
 2580         state court system which are sufficient to meet the
 2581         system’s appropriation; prohibiting the Department of
 2582         Corrections from transferring funds from a salaries
 2583         and benefits category to another category unless
 2584         approved by the Legislative Budget Commission;
 2585         requiring the Department of Juvenile Justice to review
 2586         county juvenile detention payments to determine if the
 2587         county has met specified financial responsibilities;
 2588         requiring amounts owed by the county for such
 2589         financial responsibilities to be deducted from certain
 2590         county funds; requiring the Department of Revenue to
 2591         ensure that such deductions do not reduce
 2592         distributions below amounts necessary for certain
 2593         payments relating to bonds; requiring the Department
 2594         of Revenue to notify the Department of Juvenile
 2595         Justice if bond payment requirements require a
 2596         reduction in deductions for amounts owed by a county;
 2597         amending s. 27.5304, F.S.; revising certain
 2598         limitations on compensation for private court
 2599         appointed counsel; providing for the future expiration
 2600         and reversion of specified statutory text; amending s.
 2601         28.36, F.S.; prescribing procedures regarding the
 2602         distribution of funds appropriated in the General
 2603         Appropriations Act for the clerks of the court for the
 2604         2015-2016 and the 2016-2017 county fiscal years;
 2605         specifying the manner in which funds must be released;
 2606         requiring the Department of Management Services to use
 2607         tenant broker services to renegotiate or reprocure
 2608         private lease agreements for office or storage space;
 2609         requiring the Department of Management Services to
 2610         provide a report to the Governor and the Legislature
 2611         by a specified date; reenacting s. 624.502, F.S.,
 2612         relating to the deposit of fees for service of process
 2613         made upon the Chief Financial Officer or the Director
 2614         of the Office of Insurance Regulation into the
 2615         Administrative Trust Fund; providing for the future
 2616         expiration and reversion of specified statutory text;
 2617         reenacting s. 282.709(2)(a), F.S., relating to the
 2618         creation and membership of the Joint Task Force on
 2619         State Agency Law Enforcement Communications; providing
 2620         for the future expiration and reversion of specified
 2621         statutory text; specifying the amount of the
 2622         transaction fee to be collected for use of the online
 2623         procurement system; amending s. 259.105, F.S.;
 2624         revising the distribution of certain proceeds from
 2625         cash payments or bonds issued pursuant to the Florida
 2626         Forever Act for the 2016-2017 fiscal year; requiring
 2627         that a minimum allocation of funds for the Florida
 2628         Communities Trust be applied toward projects acquiring
 2629         conservation or recreation lands to enhance
 2630         recreational opportunities for individuals with unique
 2631         abilities; authorizing such funds to be used toward
 2632         redevelopment and renewal projects if certain
 2633         conditions are met; amending s. 375.075, F.S.;
 2634         requiring that a minimum amount of funds for the
 2635         Florida Recreation Development Assistance Program be
 2636         used toward projects providing recreational
 2637         enhancements and opportunities for individuals with
 2638         unique abilities; requiring the Department of
 2639         Environmental Protection to award grants by a
 2640         specified date; revising the limitation on the number
 2641         of grant applications a local government may submit;
 2642         requiring the department to prioritize certain
 2643         projects; amending s. 380.507, F.S.; revising the
 2644         powers of the Florida Communities Trust to authorize
 2645         the undertaking, coordination, and funding of projects
 2646         that provide accessibility, availability, or
 2647         adaptability of conservation or recreation lands for
 2648         individuals with unique abilities; amending s.
 2649         216.181, F.S.; extending by 1 fiscal year the
 2650         authority for the Legislative Budget Commission to
 2651         increase amounts appropriated to the Fish and Wildlife
 2652         Conservation Commission or the Department of
 2653         Environmental Protection for certain fixed capital
 2654         outlay projects; amending s. 206.9935, F.S.; exempting
 2655         specified revenues from the calculation of the
 2656         unobligated balance of the Water Quality Assurance
 2657         Trust Fund; providing for the future expiration and
 2658         reversion of specified statutory text; amending s.
 2659         403.709, F.S.; extending by 1 fiscal year provisions
 2660         governing the establishment of a solid waste landfill
 2661         closure account within the Solid Waste Management
 2662         Trust Fund; reviving, reenacting, and amending s.
 2663         403.7095(5), F.S.; requiring the Department of
 2664         Environmental Protection to award a certain sum of
 2665         grant funds for specified solid waste management
 2666         programs to counties that meet certain criteria;
 2667         amending s. 215.18, F.S.; extending by 1 fiscal year
 2668         the authority for the Governor to transfer funds from
 2669         other trust funds in the State Treasury as a temporary
 2670         loan to certain land acquisition trust funds with a
 2671         deficit; requiring the Department of Environmental
 2672         Protection to transfer revenues deposited in the Land
 2673         Acquisition Trust Fund within the department to land
 2674         acquisition trust funds in the Department of
 2675         Agriculture and Consumer Services, the Department of
 2676         State, and the Fish and Wildlife Conservation
 2677         Commission according to specified parameters and
 2678         calculations; defining the term “department”;
 2679         requiring the department to retain a proportionate
 2680         share of revenues; specifying a limit on
 2681         distributions; amending s. 376.3071, F.S.; specifying
 2682         that earned interest may be transferred between the
 2683         Inland Protection Trust Fund and the Water Quality
 2684         Assurance Trust Fund as authorized by the General
 2685         Appropriations Act; providing for the future
 2686         expiration and reversion of specified statutory text;
 2687         amending s. 288.047, F.S.; specifying requirements and
 2688         limitations with respect to the approval of
 2689         applications, the execution of agreements, and
 2690         reimbursement amounts under the Quick-Response
 2691         Training Program; requiring the Department of Economic
 2692         Opportunity to transfer funds to CareerSource Florida,
 2693         Inc., if certain conditions exist; authorizing
 2694         CareerSource Florida, Inc., to request an advance of
 2695         the appropriation for the program; requiring
 2696         CareerSource Florida, Inc., to set aside a specified
 2697         percent of a certain appropriation to fund
 2698         instructional programs for businesses located in a
 2699         rural area of opportunity under certain circumstances;
 2700         authorizing, rather than requiring, an educational
 2701         institution receiving program funding to be included
 2702         in the grant agreement prepared by CareerSource
 2703         Florida, Inc.; authorizing certain matching
 2704         contributions to be counted toward the private sector
 2705         support of Enterprise Florida, Inc.; providing for the
 2706         future expiration and reversion of specified statutory
 2707         text; amending s. 339.135, F.S., and reviving,
 2708         reenacting, and amending paragraphs (4)(j) and (5)(c);
 2709         extending by 1 fiscal year provisions requiring the
 2710         Department of Transportation to use appropriated funds
 2711         for purposes related to the establishment of a
 2712         multiuse trail system; authorizing the department to
 2713         use up to a certain amount of appropriated funds for
 2714         strategic and regionally significant transportation
 2715         projects; amending s. 339.2818, F.S.; redefining the
 2716         term “small county” for purposes of the Small County
 2717         Outreach Program; reenacting s. 341.302(10), F.S.,
 2718         relating to the Department of Transportation’s duties
 2719         and responsibilities for the rail program; providing
 2720         for the future expiration and reversion of specified
 2721         statutory text; amending s. 339.2816, F.S.; specifying
 2722         the amount of funding from the State Transportation
 2723         Trust Fund that may be used for the Small County Road
 2724         Assistance Program for the 2016-2017 fiscal year;
 2725         providing for the future expiration and reversion of
 2726         specified statutory text; amending s. 420.9072, F.S.;
 2727         extending by 1 fiscal year provisions authorizing each
 2728         county and eligible municipality to use its portion of
 2729         the local housing distribution for certain purposes;
 2730         amending s. 420.5087, F.S.; extending by 1 fiscal year
 2731         provisions specifying the reservation of funds for the
 2732         tenant groups within each notice of fund availability
 2733         with respect to the State Apartment Incentive Loan
 2734         Program; requiring the Florida Housing Finance
 2735         Corporation to issue a notice of fund availability for
 2736         loans to be used for certain purposes; amending s.
 2737         427.013, F.S.; requiring the Commission for the
 2738         Transportation Disadvantaged to allocate and award
 2739         appropriated funds for specified purposes; reenacting
 2740         s. 216.292(2)(a), F.S., relating to exceptions for
 2741         nontransferable appropriations; providing for the
 2742         future expiration and reversion of specified statutory
 2743         text; prohibiting a state agency from initiating a
 2744         competitive solicitation for a product or service
 2745         under certain circumstances; providing an exception;
 2746         authorizing the Executive Office of the Governor to
 2747         transfer funds between departments for purposes of
 2748         aligning amounts paid for risk management premiums and
 2749         for human resource management services; amending s.
 2750         112.24, F.S.; extending by 1 fiscal year the
 2751         authorization, subject to specified requirements, for
 2752         the assignment of an employee of a state agency under
 2753         an employee interchange agreement; providing that the
 2754         annual salaries of the members of the Legislature
 2755         shall be maintained at a specified level; reenacting
 2756         s. 215.32(2)(b), F.S., relating to the source and use
 2757         of certain trust funds; providing for the future
 2758         expiration and reversion of specified statutory text;
 2759         providing a legislative determination that the
 2760         issuance of new debt is in the best interests of the
 2761         state; limiting the use of travel funds to activities
 2762         that are critical to an agency’s mission; providing
 2763         exceptions; authorizing the Executive Office of the
 2764         Governor to transfer funds appropriated for data
 2765         processing between agencies for a specified purpose;
 2766         authorizing the Executive Office of the Governor to
 2767         transfer funds appropriated for certain data
 2768         processing services between departments for a
 2769         specified purpose; prohibiting an agency from
 2770         transferring funds from a data processing category to
 2771         another category that is not a data processing
 2772         category; authorizing the Executive Office of the
 2773         Governor to transfer certain funds between agencies in
 2774         order to allocate a reduction relating to SUNCOM
 2775         Network services; reenacting s. 110.12315, F.S.,
 2776         relating to the state employees’ prescription drug
 2777         program; providing for the future expiration and
 2778         reversion of specified statutory text; providing for
 2779         the effect of a veto of one or more specific
 2780         appropriations or proviso to which implementing
 2781         language refers; providing for the continued operation
 2782         of certain provisions notwithstanding a future repeal
 2783         or expiration provided by the act; providing for
 2784         severability; providing effective dates.