Bill Amendment: FL H5003 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Implementing the 2016-2017 General Appropriations Act
Status: 2016-03-18 - Chapter No. 2016-62, companion bill(s) passed, see CS/CS/HB 499 (Ch. 2016-128), CS/CS/CS/HB 589 (Ch. 2016-130), CS/CS/HB 719 (Ch. 2016-58), CS/HB 837 (Ch. 2016-137), CS/CS/HB 1083 (Ch. 2016-140), CS/HB 1335 (Ch. 2016-147), HB 5001 (Ch. 2016-66), HB 5101 (Ch. 2016-65), CS/HB 7003 (Ch. 2016-3), HB 7027 (Ch. 2016-181), CS/CS/HB 7029 (Ch. 2016-237), CS/CS/HB 7061 (Ch. 2016-239), CS/SB 1322 (Ch. 2016-152) [H5003 Detail]
Download: Florida-2016-H5003-Senate_Floor_Amendment_Delete_All_951174.html
Bill Title: Implementing the 2016-2017 General Appropriations Act
Status: 2016-03-18 - Chapter No. 2016-62, companion bill(s) passed, see CS/CS/HB 499 (Ch. 2016-128), CS/CS/CS/HB 589 (Ch. 2016-130), CS/CS/HB 719 (Ch. 2016-58), CS/HB 837 (Ch. 2016-137), CS/CS/HB 1083 (Ch. 2016-140), CS/HB 1335 (Ch. 2016-147), HB 5001 (Ch. 2016-66), HB 5101 (Ch. 2016-65), CS/HB 7003 (Ch. 2016-3), HB 7027 (Ch. 2016-181), CS/CS/HB 7029 (Ch. 2016-237), CS/CS/HB 7061 (Ch. 2016-239), CS/SB 1322 (Ch. 2016-152) [H5003 Detail]
Download: Florida-2016-H5003-Senate_Floor_Amendment_Delete_All_951174.html
Florida Senate - 2016 SENATOR AMENDMENT Bill No. HB 5003 Ì951174*Î951174 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 02/11/2016 03:31 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 initiallyannuallyto each 90 school district in the amount provided in the General 91 Appropriations Act. These funds shall be supplementalin92additionto the funds appropriated for the basic funding level 93on the basis of FTE student membership in the Florida Education94Finance Program, and the amount allocated for each school 95 district shallnotbe 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 fundfunds for supplemental academic114instruction shall be allocated annually to each school district115in the amount provided in the General Appropriations Act. These116fundsshall 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 2016-20172014-2015fiscal 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 inatteaching 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 136shallnot 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 sizereduction, an 143 extended school year, intensive skills development in summer 144 school, and other methods offorimproving 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 2016-20172014-2015266 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 mayshallnot 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. 288For the 2012-2013 and 2013-2014 fiscal years, a school district289may not hire more reading coaches than were hired during the2902011-2012 fiscal year unless all students in kindergarten291through grade 5 who demonstrate a reading deficiency, as292determined by district and state assessments, including students293scoring Level 1 or Level 2 on the statewide, standardized294reading assessment or, upon implementation, the English Language295Arts assessment, are provided an additional hour per day of296intensive reading instruction beyond the normal school day for297each 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, 20172016, 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 modelmetricsshall consist of the state’s 465 investment inappropriation forperformance funding, including466increases in base fundingplus 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 modelmetrics. 478 (3)(a) A state university that fails to meet the Board of 479 Governors’ minimum institutional investment performance funding 480 eligibility threshold shall havea portion ofits institutional 481 investment withheld by the board and must submit an improvement 482 plan to the board whichthatspecifies 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 universitythat isdetermined by the board to be making 496 satisfactory progress on implementing the improvement plan may 497 notshallreceivenomore 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, 20172016. 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, 20172016. 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.—Effective694July 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 RESEARCHUNIVERSITY DESIGNATION.— The 737 Board of Governors shall designate each stateresearch738 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) PROGRAMPREEMINENT STATE RESEARCHUNIVERSITYSUPPORT.— 746 (a) A stateresearchuniversity designated as a preeminent 747 state research universitythat, as of July 1, 2013, meets all 12748of the academic and research excellence standards identified in749subsection (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 sectionan amount specified in the General757Appropriations Act to be provided annually throughout the 5-year758period. Funding for this purpose is contingent upon specific759appropriation 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 ENHANCEMENT783INITIATIVE.—A state research university that, as of July 1,7842013, meets 11 of the 12 academic and research excellence785standards identified in subsection (2), as verified by the Board786of Governors, shall submit to the Board of Governors a 5-year787benchmark plan with target rankings on key performance metrics788for national excellence. Upon the university’s meeting the789benchmark plan goals annually, the Board of Governors shall790award the university an amount specified in the General791Appropriations Act to be provided annually throughout the 5-year792period for the purpose of recruiting National Academy Members,793expediting the provision of a master’s degree in cloud794virtualization, and instituting an entrepreneurs-in-residence795program throughout its campus. Funding for this purpose is796contingent upon specific appropriation in the General797Appropriations Act.798(7) PREEMINENT STATE RESEARCH UNIVERSITY SPECIAL COURSE799REQUIREMENT AUTHORITY.—In order to provide a jointly shared800educational experience, a university that is designated a801preeminent state research university may require its incoming802first-time-in-college students to take a 9-to-12-credit set of803unique courses specifically determined by the university and804published on the university’s website. The university may805stipulate that credit for such courses may not be earned through806any acceleration mechanism pursuant to s. 1007.27 or s. 1007.271807or any other transfer credit. All accelerated credits earned up808to the limits specified in ss. 1007.27 and 1007.271 shall be809applied 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, 20172016. 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 10282015-2016fiscal year only, the department may use state funds 1029 appropriated in the 2016-20172015-2016General 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, 20172016. 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 2016-20172015-2016fiscal year only, if the actual inmate 1043 population of the Department of Corrections exceeds the inmate 1044 population projections of the December 17, 2015February 27,10452015, 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 20172016. 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 2016-20172015-2016fiscal 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, 20172016. 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 10902015-2016General 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 2016-20172015-2016fiscal year. This 1102 subsection expires July 1, 20172016. 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 mayshallnot 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 20172015-2016fiscal year only, $22,256,206$17.4 millionto 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 20172016. 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 2016-20172015-2016fiscal 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, 20172016. 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, 20172016. 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 2016-20172014-2015fiscal yearsyear1552 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 millionin 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, 20172015. 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 20162015, 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 2016-20172015-2016fiscal 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, 20172016. 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 opportunityan enterprise zoneor 1691 brownfield area. Any unencumbered funds remainingundisbursed1692 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 made1696pursuant to this section,CareerSource Florida, Inc., shall 1697 prepare a grant agreement withbetweenthe business or industry 1698 requesting funds, the educational institution receiving funding1699through 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 fromthe provisions ofs. 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,eligible1725 matching contributions received during the fiscal year from a 1726 business or an industry participating inunder this section from1727 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 17502015-2016fiscal 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 17572015, in the department’s 5-year work program. This paragraph 1758 expires July 1, 20172016. 1759 (j) Notwithstanding paragraph (a) and for the 2016-2017 17602014-2015fiscal 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, 20172015. 1769 (5) ADOPTION OF THE WORK PROGRAM.— 1770 (b) Notwithstanding paragraph (a), and for the 2016-2017 17712015-2016fiscal 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, 20162015, in the department’s 5 1778 year work program. This paragraph expires July 1, 20172016. 1779 (c) Notwithstanding paragraph (a), and for the 2016-2017 17802014-2015fiscal 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 17852014, in the department’s 5-year work program. This paragraph 1786 expires July 1, 20172015. 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 2016-2017201517962016fiscal year, for purposes of this section, the term “small 1797 county” means any county that has a population of 170,000 1798165,000or less as determined by the most recent official 1799 estimate pursuant to s. 186.901. This paragraph expires July 1, 1800 20172016. 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 yearBeginning with fiscal year18471999-2000 until fiscal year 2009-2010, and beginning again with1848fiscal year2012-2013, up to $50$25millionannuallyfrom 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 2016-20172015-2016fiscal 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, 20172016. 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 19012015-2016fiscal 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, 20172016. 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 2016-20172015-2016fiscal 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 20892016. 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.