Senate Bill sb2548c1

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    Florida Senate - 2006                           CS for SB 2548

    By the Committee on Ways and Means; and Senator Carlton





    576-2134-06

  1                      A bill to be entitled

  2         An act relating to state financial matters;

  3         amending s. 11.243, F.S.; providing for the

  4         moneys collected from the sale of the Florida

  5         Statutes or other publications to be deposited

  6         in a specified trust fund; amending s. 11.513,

  7         F.S.; requiring the Chief Justice of the

  8         Supreme Court to develop program monitoring

  9         plans; requiring that additional data be

10         included in the plans for monitoring major

11         programs of state agencies and the judicial

12         branch and in the reviews of those programs;

13         providing for the Office of Program Policy

14         Analysis and Government Accountability to

15         review agency and judicial branch performance

16         standards and report to the Governor, the

17         Legislature, and the Legislative Budget

18         Commission; amending s. 20.435, F.S.; revising

19         a provision relating to certain undisbursed

20         balances of appropriations from the Biomedical

21         Research Trust Fund; amending s. 215.18, F.S.;

22         requiring that the Governor provide prior

23         notice of transfers between certain funds;

24         amending s. 215.3206, F.S.; replacing

25         references to a 6-digit fund code in the

26         Florida Accounting Information Resource

27         Subsystem with a classification scheme

28         consistent with the Department of Financial

29         Services' financial systems; amending s.

30         215.3208, F.S.; revising references to conform;

31         amending s. 215.35, F.S.; revising a provision

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 1         relating to the numbering of warrants issued by

 2         the Chief Financial Officer; amending s.

 3         215.422, F.S.; replacing a reference to certain

 4         vouchers with the terms "invoice" or

 5         "invoices"; clarifying that agencies or the

 6         judicial branch must record and approve certain

 7         invoices by a specified date; revising

 8         provisions relating to the Department of

 9         Financial Services' approval of payment of

10         certain invoices; providing that a vendor who

11         does not submit the appropriate federal

12         taxpayer identification documentation to the

13         department will be deemed an error on the part

14         of the vendor; revising references to conform;

15         amending s. 215.97, F.S.; removing a reference

16         to the appropriations act in a provision

17         relating to the purposes of the Florida Single

18         Audit Act; amending s. 216.011, F.S.; revising

19         the definition of "operating capital outlay";

20         defining the terms "incurred obligation" and

21         "salary rate reserve" for purposes of state

22         fiscal affairs, appropriations, and budgets;

23         amending s. 216.013, F.S.; revising

24         requirements for information regarding

25         performance measures to be included in the

26         long-range program plans of state agencies and

27         the judicial branch; revising a provision

28         relating to making adjustments to long-range

29         program plans; amending s. 216.023, F.S.;

30         revising certain requirements for legislative

31         budget requests; deleting a provision requiring

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    Florida Senate - 2006                           CS for SB 2548
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 1         agencies to maintain a certain performance

 2         accountability system and provide a list of

 3         performance measures; deleting a provision

 4         relating to adjustments to executive agency

 5         performance standards; deleting a provision

 6         relating to adjustments to judicial branch

 7         performance standards; amending s. 216.134,

 8         F.S.; providing for the responsibility of

 9         presiding over sessions of consensus estimating

10         conferences; providing for the Governor, the

11         coordinator of the Office of Economic and

12         Demographic Research, the President of the

13         Senate, and the Speaker of the House of

14         Representatives to designate principals;

15         amending s. 216.136, F.S.; deleting provisions

16         providing for the appointment of principals of

17         consensus estimating conferences; revising the

18         duties of certain agencies relating to the

19         Criminal Justice Estimating Conference, the

20         Social Services Estimating Conference, and the

21         Workforce Estimating Conference; amending s.

22         216.177, F.S.; clarifying the circumstances

23         under which the Executive Office of the

24         Governor and the Chief Justice of the Supreme

25         Court are required to provide notice to the

26         chair and vice chair of the Legislative Budget

27         Commission; amending s. 216.181, F.S.;

28         providing that amendments to certain approved

29         operating budgets are subject to objection

30         procedures; requiring that state agencies

31         submit to the chair and vice chair of the

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 1         Legislative Budget Commission a plan for

 2         allocating any lump-sum appropriation in a

 3         budget amendment; creating s. 216.1811, F.S.;

 4         providing requirements for the Governor and the

 5         Chief Financial Officer relating to certain

 6         approved operating budgets for the legislative

 7         branch and appropriations made to the

 8         legislative branch; amending s. 216.1815, F.S.;

 9         revising certain requirements for the

10         performance standards included in an amended

11         operating budget plan and request submitted to

12         the Legislative Budget Commission; creating s.

13         216.1827, F.S.; requiring that each state

14         agency and the judicial branch maintain a

15         performance accountability system; requiring

16         agencies and the judicial branch to submit

17         specified information to the Executive Office

18         of the Governor and the Legislature or the

19         Office of Program Policy Analysis and

20         Government Accountability for review; providing

21         guidelines for requests to delete or amend

22         existing approved performance measures and

23         standards; specifying authority of the

24         Legislature relating to agency and judicial

25         branch performance measures and standards;

26         amending s. 216.251, F.S.; prohibiting an

27         agency from providing salary increases or pay

28         additives for certain positions without

29         legislative authorization; amending s. 216.292,

30         F.S.; providing that certain transfers between

31         budget entities are subject to objection

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 1         procedures; clarifying provisions authorizing

 2         certain transfers of appropriations from trust

 3         funds; providing that requirements of specified

 4         provisions relating to appropriations being

 5         nontransferable do not apply to legislative

 6         branch budgets; amending s. 216.301, F.S.;

 7         revising the requirements for undisbursed

 8         balances of appropriations; revising a

 9         procedure for identifying and paying incurred

10         obligations; clarifying requirements governing

11         unexpended balances of appropriations; removing

12         a provision relating to notification to retain

13         certain balances from legislative budget

14         entities; amending s. 252.37, F.S.; providing

15         that a transfer of moneys with a budget

16         amendment following a state of emergency is

17         subject to approval by the Legislative Budget

18         Commission; amending s. 273.02, F.S.; revising

19         a definition; requiring the Chief Financial

20         Officer to establish certain requirements by

21         rule relating to the recording and inventory of

22         certain state-owned property; creating s.

23         273.025, F.S.; requiring the Chief Financial

24         Officer to establish by rule certain

25         requirements relating to the capitalization of

26         certain property; amending s. 273.055, F.S.;

27         revising responsibility for rules relating to

28         maintaining records as to disposition of

29         state-owned tangible personal property;

30         revising a provision relating to use of moneys

31         received from the disposition of state-owned

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 1         tangible personal property; amending s. 274.02,

 2         F.S.; revising a definition; requiring the

 3         Chief Financial Officer to establish by rule

 4         requirements relating to the recording and

 5         inventory of certain property owned by local

 6         governments; amending s. 338.2216, F.S.;

 7         revising requirements relating to unexpended

 8         funds appropriated or provided for the Florida

 9         Turnpike Enterprise; amending s. 1011.57, F.S.;

10         revising requirements relating to unexpended

11         funds appropriated to the Florida School for

12         the Deaf and the Blind; repealing s. 215.29,

13         F.S., relating to the classification of Chief

14         Financial Officer's warrants; providing

15         effective dates.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsection (3) of section 11.243, Florida

20  Statutes, is amended to read:

21         11.243  Publishing Florida Statutes; price, sale.--

22         (3)  All moneys collected from the sale of the Florida

23  Statutes or other publications shall be deposited in the

24  Grants and Donations Trust Fund within the Legislature State

25  Treasury and credited to the appropriation for legislative

26  expense.

27         Section 2.  Subsections (2) and (3) of section 11.513,

28  Florida Statutes, are amended, present subsections (5) and (6)

29  of that section are renumbered as subsections (6) and (7),

30  respectively, and a new subsection (5) is added to that

31  section, to read:

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 1         11.513  Program evaluation and justification review.--

 2         (2)  A state agency's inspector general, internal

 3  auditor, or other person designated by the agency head or the

 4  Chief Justice of the Supreme Court shall develop, in

 5  consultation with the Office of Program Policy Analysis and

 6  Government Accountability, a plan for monitoring and reviewing

 7  the state agency's or the judicial branch's major programs to

 8  ensure that performance measures and standards, as well as

 9  baseline and previous-year performance data, are maintained

10  and supported by agency records.

11         (3)  The program evaluation and justification review

12  shall be conducted on major programs, but may include other

13  programs. The review shall be comprehensive in its scope but,

14  at a minimum, must be conducted in such a manner as to

15  specifically determine the following, and to consider and

16  determine what changes, if any, are needed with respect

17  thereto:

18         (a)  The identifiable cost of each program.

19         (b)  The specific purpose of each program, as well as

20  the specific public benefit derived therefrom.

21         (c)  Progress toward achieving the outputs and outcomes

22  associated with each program.

23         (d)  An explanation of circumstances contributing to

24  the state agency's ability to achieve, not achieve, or exceed

25  its projected outputs and outcomes, as defined in s. 216.011,

26  associated with each program.

27         (e)  Alternate courses of action that would result in

28  administration of the same program in a more efficient or

29  effective manner. The courses of action to be considered must

30  include, but are not limited to:

31  

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 1         1.  Whether the program could be organized in a more

 2  efficient and effective manner, whether the program's mission,

 3  goals, or objectives should be redefined, or, when the state

 4  agency cannot demonstrate that its efforts have had a positive

 5  effect, whether the program should be reduced in size or

 6  eliminated.

 7         2.  Whether the program could be administered more

 8  efficiently or effectively to avoid duplication of activities

 9  and ensure that activities are adequately coordinated.

10         3.  Whether the program could be performed more

11  efficiently or more effectively by another unit of government

12  or a private entity, or whether a program performed by a

13  private entity could be performed more efficiently and

14  effectively by a state agency.

15         4.  When compared to costs, whether effectiveness

16  warrants elimination of the program or, if the program serves

17  a limited interest, whether it should be redesigned to require

18  users to finance program costs.

19         5.  Whether the cost to administer the program exceeds

20  license and other fee revenues paid by those being regulated.

21         6.  Whether other changes could improve the efficiency

22  and effectiveness of the program.

23         (f)  The consequences of discontinuing such program. If

24  any discontinuation is recommended, such recommendation must

25  be accompanied by a description of alternatives to implement

26  such recommendation, including an implementation schedule for

27  discontinuation and recommended procedures for assisting state

28  agency employees affected by the discontinuation.

29         (g)  Determination as to public policy, which may

30  include recommendations as to whether it would be sound public

31  

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 1  policy to continue or discontinue funding the program, either

 2  in whole or in part, in the existing manner.

 3         (h)  Whether current performance measures and standards

 4  should be reviewed or amended to assist agencies' and the

 5  judicial branch's efforts in achieving outputs and outcome

 6  measures.

 7         (i)(h)  Whether the information reported as part of the

 8  state's performance-based program budgeting system has

 9  relevance and utility for the evaluation of each program.

10         (j)(i)  Whether state agency management has established

11  control systems sufficient to ensure that performance data are

12  maintained and supported by state agency records and

13  accurately presented in state agency performance reports.

14         (5)  The Office of Program Policy Analysis and

15  Government Accountability may perform evaluation and

16  justification reviews when necessary and as directed by the

17  Legislature in order to determine whether current agency and

18  judicial branch performance measures and standards are

19  adequate. Reports concerning the evaluation and review of

20  agency performance measures and standards shall be submitted

21  to the Executive Office of the Governor, the President of the

22  Senate, the Speaker of the House of Representatives, and the

23  chair and vice chair of the Legislative Budget Commission.

24         Section 3.  Paragraph (h) of subsection (1) of section

25  20.435, Florida Statutes, is amended to read:

26         20.435  Department of Health; trust funds.--

27         (1)  The following trust funds are hereby created, to

28  be administered by the Department of Health:

29         (h)  Biomedical Research Trust Fund.

30         1.  Funds to be credited to the trust fund shall

31  consist of funds deposited pursuant to s. 215.5601. Funds

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 1  shall be used for the purposes of the James and Esther King

 2  Biomedical Research Program as specified in ss. 215.5602 and

 3  288.955. The trust fund is exempt from the service charges

 4  imposed by s. 215.20.

 5         2.  Notwithstanding the provisions of s. 216.301 and

 6  pursuant to s. 216.351, any balance in the trust fund at the

 7  end of any fiscal year shall remain in the trust fund at the

 8  end of the year and shall be available for carrying out the

 9  purposes of the trust fund. The department may invest these

10  funds independently through the Chief Financial Officer or may

11  negotiate a trust agreement with the State Board of

12  Administration for the investment management of any balance in

13  the trust fund.

14         3.  Notwithstanding s. 216.301 and pursuant to s.

15  216.351, any balance of any appropriation from the Biomedical

16  Research Trust Fund which is not disbursed but which is

17  obligated pursuant to contract or committed to be expended may

18  be carried forward certified by the Governor for up to 3 years

19  following the effective date of the original appropriation.

20         4.  The trust fund shall, unless terminated sooner, be

21  terminated on July 1, 2008.

22         Section 4.  Section 215.18, Florida Statutes, is

23  amended to read:

24         215.18  Transfers between funds; limitation.--Whenever

25  there exists in any fund provided for by s. 215.32 a

26  deficiency which would render such fund insufficient to meet

27  its just requirements, and there shall exist in the other

28  funds in the State Treasury moneys which are for the time

29  being or otherwise in excess of the amounts necessary to meet

30  the just requirements of such last-mentioned funds, the

31  Governor may order a temporary transfer of moneys from one

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 1  fund to another in order to meet temporary deficiencies in a

 2  particular fund without resorting to the necessity of

 3  borrowing money and paying interest thereon. Any action

 4  proposed under this section is subject to the notice and

 5  objection procedures set forth in s. 216.177, and the Governor

 6  shall provide notice of such action at least 7 days prior to

 7  the effective date of the transfer of funds.

 8         (1)  Except as otherwise provided in s.

 9  216.222(1)(a)2., the fund from which any money is temporarily

10  transferred shall be repaid the amount transferred from it not

11  later than the end of the fiscal year in which such transfer

12  is made, the date of repayment to be specified in the order of

13  the Governor.

14         (2)  Notwithstanding subsection (1) and for the

15  2005-2006 fiscal year only, the repayment period for funds

16  temporarily transferred in fiscal year 2004-2005 to meet

17  deficiencies resulting from hurricanes striking this state in

18  2004 may be extended until grants awarded by the Federal

19  Emergency Management Agency for FEMA Disaster Declarations

20  1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and 1561-DR-FL are

21  received. This subsection expires July 1, 2006.

22         Section 5.  Subsections (2) and (4) of section

23  215.3206, Florida Statutes, are amended to read:

24         215.3206  Trust funds; termination or re-creation.--

25         (2)  If the trust fund is terminated and not

26  immediately re-created, all cash balances and income of the

27  trust fund shall be deposited into the General Revenue Fund.

28  The agency or Chief Justice shall pay any outstanding debts of

29  the trust fund as soon as practicable, and the Chief Financial

30  Officer shall close out and remove the trust fund from the

31  various state financial accounting systems, using generally

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 1  accepted accounting practices concerning warrants outstanding,

 2  assets, and liabilities. No appropriation or budget amendment

 3  shall be construed to authorize any encumbrance of funds from

 4  a trust fund after the date on which the trust fund is

 5  terminated or is judicially determined to be invalid.

 6         (4)  For the purposes of this section, the Governor,

 7  Chief Justice, and agencies shall review the trust funds as

 8  they are identified by a classification scheme set out in the

 9  legislative budget request instructions pursuant to s. 216.023

10  consistent with the Department of Financial Services'

11  financial systems by a unique 6-digit code in the Florida

12  Accounting Information Resource Subsystem at a level composed

13  of the 2-digit organization level 1, the 1-digit state fund

14  type 2, and the first three digits of the fund identifier. The

15  Governor, Chief Justice, and agencies may also conduct their

16  review and make recommendations concerning accounts within

17  such trust funds.

18         Section 6.  Subsection (1) and paragraph (a) of

19  subsection (2) of section 215.3208, Florida Statutes, are

20  amended to read:

21         215.3208  Trust funds; legislative review.--

22         (1)  In order to implement s. 19(f), Art. III of the

23  State Constitution, for the purpose of reviewing trust funds

24  prior to their automatic termination pursuant to the

25  provisions of s. 19(f)(2), Art. III of the State Constitution,

26  the Legislature shall review all state trust funds at least

27  once every 4 years. The schedule for such review may be

28  included in the legislative budget instructions developed

29  pursuant to the requirements of s. 216.023. The Legislature

30  shall review trust funds as they are identified by a

31  classification scheme set out in the legislative budget

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 1  request instructions pursuant to s. 216.023 consistent with

 2  the Department of Financial Services' financial systems by a

 3  unique 6-digit code in the Florida Accounting Information

 4  Resource Subsystem at a level composed of the 2-digit

 5  organization level 1, the 1-digit state fund type 2, and the

 6  first three digits of the fund identifier. When a statutorily

 7  created trust fund that was in existence on November 4, 1992,

 8  has more than one fund 6-digit code in the financial systems,

 9  the Legislature may treat it as a single trust fund for the

10  purposes of this section. The Legislature may also conduct its

11  review concerning accounts within such trust funds.

12         (2)(a)  When the Legislature terminates a trust fund,

13  the agency or branch of state government that administers the

14  trust fund shall pay any outstanding debts or obligations of

15  the trust fund as soon as practicable, and the Chief Financial

16  Officer shall close out and remove the trust fund from the

17  various state financial accounting systems, using generally

18  accepted accounting principles concerning assets, liabilities,

19  and warrants outstanding.

20         Section 7.  Section 215.35, Florida Statutes, is

21  amended to read:

22         215.35  State funds; warrants and their issuance.--All

23  warrants issued by the Chief Financial Officer shall be

24  numbered in a manner that uniquely identifies each warrant for

25  audit and reconciliation purposes chronological order

26  commencing with number one in each fiscal year and each

27  warrant shall refer to the Chief Financial Officer's voucher

28  by the number thereof, which voucher shall also be numbered as

29  above set forth. Each warrant shall state the name of the

30  payee thereof and the amount allowed, and said warrant shall

31  be stated in words at length. No warrant shall issue until

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 1  same has been authorized by an appropriation made by law but

 2  such warrant need not state or set forth such authorization.

 3  The Chief Financial Officer shall register and maintain a

 4  record of each warrant in his or her office. The record shall

 5  show the funds, accounts, purposes, and departments involved

 6  in the issuance of each warrant. In those instances where the

 7  expenditure of funds of regulatory boards or commissions has

 8  been provided for by laws other than the annual appropriations

 9  bill, warrants shall be issued upon requisition to the Chief

10  Financial Officer by the governing body of such board or

11  commission.

12         Section 8.  Subsections (1) and (2), paragraphs (a) and

13  (b) of subsection (3), and subsection (6) of section 215.422,

14  Florida Statutes, are amended to read:

15         215.422  Payments, warrants, vouchers, and invoices;

16  processing time limits; dispute resolution; agency or judicial

17  branch compliance.--

18         (1)  The voucher authorizing payment of An invoice

19  submitted to an agency of the state or the judicial branch,

20  required by law to be filed with the Chief Financial Officer,

21  shall be recorded in the financial systems of the state,

22  approved for payment by the agency or the judicial branch, and

23  filed with the Chief Financial Officer not later than 20 days

24  after receipt of the invoice and receipt, inspection, and

25  approval of the goods or services, except that in the case of

26  a bona fide dispute the invoice recorded in the financial

27  systems of the state voucher shall contain a statement of the

28  dispute and authorize payment only in the amount not disputed.

29  The Chief Financial Officer may establish dollar thresholds

30  and other criteria for all invoices and may delegate to a

31  state agency or the judicial branch responsibility for

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 1  maintaining the official invoices vouchers and documents for

 2  invoices which do not exceed the thresholds or which meet the

 3  established criteria. Such records shall be maintained in

 4  accordance with the requirements established by the Secretary

 5  of State. The transmission of an approved invoice recorded in

 6  the financial systems of the state electronic payment request

 7  transmission to the Chief Financial Officer shall constitute

 8  filing of a request voucher for payment of invoices for which

 9  the Chief Financial Officer has delegated to an agency custody

10  of official records. Approval and inspection of goods or

11  services shall take no longer than 5 working days unless the

12  bid specifications, purchase order, or contract specifies

13  otherwise. If an invoice a voucher filed within the 20-day

14  period is returned by the Department of Financial Services

15  because of an error, it shall nevertheless be deemed timely

16  filed. The 20-day filing requirement may be waived in whole or

17  in part by the Department of Financial Services on a showing

18  of exceptional circumstances in accordance with rules and

19  regulations of the department. For the purposes of determining

20  the receipt of invoice date, the agency or the judicial branch

21  is deemed to receive an invoice on the date on which a proper

22  invoice is first received at the place designated by the

23  agency or the judicial branch. The agency or the judicial

24  branch is deemed to receive an invoice on the date of the

25  invoice if the agency or the judicial branch has failed to

26  annotate the invoice with the date of receipt at the time the

27  agency or the judicial branch actually received the invoice or

28  failed at the time the order is placed or contract made to

29  designate a specific location to which the invoice must be

30  delivered.

31  

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 1         (2)  The Department of Financial Services shall approve

 2  payment of an invoice no later than 10 days after the agency's

 3  filing of the approved invoice The warrant in payment of an

 4  invoice submitted to an agency of the state or the judicial

 5  branch shall be issued not later than 10 days after filing of

 6  the voucher authorizing payment. However, this requirement may

 7  be waived in whole or in part by the Department of Financial

 8  Services on a showing of exceptional circumstances in

 9  accordance with rules and regulations of the department. If

10  the 10-day period contains fewer than 6 working days, the

11  Department of Financial Services shall be deemed in compliance

12  with this subsection if the payment is approved warrant is

13  issued within 6 working days without regard to the actual

14  number of calendar days. For purposes of this section, a

15  payment is deemed to be issued on the first working day that

16  payment is available for delivery or mailing to the vendor.

17         (3)(a)  Each agency of the state or the judicial branch

18  which is required by law to file invoices vouchers with the

19  Chief Financial Officer shall keep a record of the date of

20  receipt of the invoice; dates of receipt, inspection, and

21  approval of the goods or services; date of filing of the

22  approved invoice voucher; and date of issuance of the warrant

23  in payment thereof. If the invoice voucher is not filed or the

24  warrant is not issued within the time required, an explanation

25  in writing by the agency head or the Chief Justice shall be

26  submitted to the Department of Financial Services in a manner

27  prescribed by it. Agencies and the judicial branch shall

28  continue to deliver or mail state payments promptly.

29         (b)  If a warrant in payment of an invoice is not

30  issued within 40 days after receipt of the invoice and

31  receipt, inspection, and approval of the goods and services,

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 1  the agency or judicial branch shall pay to the vendor, in

 2  addition to the amount of the invoice, interest at a rate as

 3  established pursuant to s. 55.03(1) on the unpaid balance from

 4  the expiration of such 40-day period until such time as the

 5  warrant is issued to the vendor. Such interest shall be added

 6  to the invoice at the time of submission to the Chief

 7  Financial Officer for payment whenever possible. If addition

 8  of the interest penalty is not possible, the agency or

 9  judicial branch shall pay the interest penalty payment within

10  15 days after issuing the warrant. The provisions of this

11  paragraph apply only to undisputed amounts for which payment

12  has been authorized. Disputes shall be resolved in accordance

13  with rules developed and adopted by the Chief Justice for the

14  judicial branch, and rules adopted by the Department of

15  Financial Services or in a formal administrative proceeding

16  before an administrative law judge of the Division of

17  Administrative Hearings for state agencies, provided that, for

18  the purposes of ss. 120.569 and 120.57(1), no party to a

19  dispute involving less than $1,000 in interest penalties shall

20  be deemed to be substantially affected by the dispute or to

21  have a substantial interest in the decision resolving the

22  dispute. In the case of an error on the part of the vendor,

23  the 40-day period shall begin to run upon receipt by the

24  agency or the judicial branch of a corrected invoice or other

25  remedy of the error. For purposes of this section, the

26  non-submittal of the appropriate federal taxpayer

27  identification documentation to the Department of Financial

28  Services by the vendor will be deemed an error on the part of

29  the vendor and the vendor will be required to submit the

30  appropriate federal taxpayer documentation in order to remedy

31  the error. The provisions of this paragraph do not apply when

                                  17

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 1  the filing requirement under subsection (1) or subsection (2)

 2  has been waived in whole by the Department of Financial

 3  Services. The various state agencies and the judicial branch

 4  shall be responsible for initiating the penalty payments

 5  required by this subsection and shall use this subsection as

 6  authority to make such payments. The budget request submitted

 7  to the Legislature shall specifically disclose the amount of

 8  any interest paid by any agency or the judicial branch

 9  pursuant to this subsection. The temporary unavailability of

10  funds to make a timely payment due for goods or services does

11  not relieve an agency or the judicial branch from the

12  obligation to pay interest penalties under this section.

13         (6)  The Department of Financial Services shall monitor

14  each agency's and the judicial branch's compliance with the

15  time limits and interest penalty provisions of this section.

16  The department shall provide a report to an agency or to the

17  judicial branch if the department determines that the agency

18  or the judicial branch has failed to maintain an acceptable

19  rate of compliance with the time limits and interest penalty

20  provisions of this section. The department shall establish

21  criteria for determining acceptable rates of compliance. The

22  report shall also include a list of late invoices vouchers or

23  payments, the amount of interest owed or paid, and any

24  corrective actions recommended. The department shall perform

25  monitoring responsibilities, pursuant to this section, using

26  the Department of Financial Services' financial systems

27  Management Services and Purchasing Subsystem or the Florida

28  Accounting Information Resource Subsystem provided in s.

29  215.94. Each agency and the judicial branch shall be

30  responsible for the accuracy of information entered into the

31  Department of Management Services' procurement system

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 1  Management Services and Purchasing Subsystem and the

 2  Department of Financial Services' financial systems Florida

 3  Accounting Information Resource Subsystem for use in this

 4  monitoring.

 5         Section 9.  Paragraph (d) of subsection (1) of section

 6  215.97, Florida Statutes, is amended to read:

 7         215.97  Florida Single Audit Act.--

 8         (1)  The purposes of the section are to:

 9         (d)  Provide for identification of state financial

10  assistance transactions in the appropriations act, state

11  accounting records, and recipient organization records.

12         Section 10.  Effective upon this act becoming a law,

13  paragraph (bb) of subsection (1) of section 216.011, Florida

14  Statutes, is amended, and paragraphs (tt) and (uu) are added

15  to that subsection, to read:

16         216.011  Definitions.--

17         (1)  For the purpose of fiscal affairs of the state,

18  appropriations acts, legislative budgets, and approved

19  budgets, each of the following terms has the meaning

20  indicated:

21         (bb)  "Operating capital outlay" means the

22  appropriation category used to fund equipment, fixtures, and

23  other tangible personal property of a nonconsumable and

24  nonexpendable nature under s. 273.025, according to the value

25  or cost specified in s. 273.02.

26         (tt)  "Incurred obligation" means a legal obligation

27  for goods or services that have been contracted for, referred

28  to as an encumbrance in the state's financial system, or

29  received or incurred by the state and referred to as a payable

30  in the state's financial system.

31  

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 1         (uu)  "Salary rate reserve" means the withholding of a

 2  portion of the annual salary rate for a specific purpose.

 3         Section 11.  Paragraphs (h) through (k) are added to

 4  subsection (1) of section 216.013, Florida Statutes, and

 5  subsection (5) of that section is amended, to read:

 6         216.013  Long-range program plan.--State agencies and

 7  the judicial branch shall develop long-range program plans to

 8  achieve state goals using an interagency planning process that

 9  includes the development of integrated agency program service

10  outcomes. The plans shall be policy based, priority driven,

11  accountable, and developed through careful examination and

12  justification of all agency and judicial branch programs.

13         (1)  Long-range program plans shall provide the

14  framework for the development of budget requests and shall

15  identify or update:

16         (h)  Legislatively approved output and outcome

17  performance measures.

18         (i)  Performance standards for each performance measure

19  and justification for the standards and the sources of data to

20  be used for measurement.

21         (j)  Prior-year performance data on approved

22  performance measures and an explanation of deviation from

23  expected performance. Performance data must be assessed for

24  reliability in accordance with s. 20.055.

25         (k)  Proposed performance incentives and disincentives.

26         (5)  Following the adoption of the annual General

27  Appropriations Act, The state agencies and the judicial branch

28  shall make appropriate adjustments to their long-range program

29  plans, excluding adjustments to performance measures and

30  standards, to be consistent with the appropriations and

31  performance measures in the General Appropriations Act and

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 1  legislation implementing the General Appropriations Act.

 2  Agencies and the judicial branch have 30 days subsequent to

 3  the effective date of the General Appropriations Act and

 4  implementing legislation until June 30 to make adjustments to

 5  their plans as posted on their Internet websites.

 6         Section 12.  Paragraph (a) of subsection (4) and

 7  subsections (5), (6), and (8) of section 216.023, Florida

 8  Statutes, are amended, and subsections (7), (9), (10), (11),

 9  and (12) are renumbered as subsections (5), (6), (7), (8), and

10  (9), respectively, to read:

11         216.023  Legislative budget requests to be furnished to

12  Legislature by agencies.--

13         (4)(a)  The legislative budget request must contain for

14  each program:

15         1.  The constitutional or statutory authority for a

16  program, a brief purpose statement, and approved program

17  components.

18         2.  Information on expenditures for 3 fiscal years

19  (actual prior-year expenditures, current-year estimated

20  expenditures, and agency budget requested expenditures for the

21  next fiscal year) by appropriation category.

22         3.  Details on trust funds and fees.

23         4.  The total number of positions (authorized, fixed,

24  and requested).

25         5.  An issue narrative describing and justifying

26  changes in amounts and positions requested for current and

27  proposed programs for the next fiscal year.

28         6.  Information resource requests.

29         7.  Legislatively approved Output and outcome

30  performance measures and any proposed revisions to measures.

31  

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 1         8.  Proposed performance standards for each performance

 2  measure and justification for the standards and the sources of

 3  data to be used for measurement.

 4         9.  Prior-year performance data on approved performance

 5  measures and an explanation of deviation from expected

 6  performance. Performance data must be assessed for reliability

 7  in accordance with s. 20.055.

 8         10.  Proposed performance incentives and disincentives.

 9         7.11.  Supporting information, including applicable

10  cost-benefit analyses, business case analyses, performance

11  contracting procedures, service comparisons, and impacts on

12  performance standards for any request to outsource or

13  privatize agency functions.

14         8.12.  An evaluation of any major outsourcing and

15  privatization initiatives undertaken during the last 5 fiscal

16  years having aggregate expenditures exceeding $10 million

17  during the term of the contract. The evaluation shall include

18  an assessment of contractor performance, a comparison of

19  anticipated service levels to actual service levels, and a

20  comparison of estimated savings to actual savings achieved.

21  Consolidated reports issued by the Department of Management

22  Services may be used to satisfy this requirement.

23         (5)  Agencies must maintain a comprehensive performance

24  accountability system and provide a list of performance

25  measures maintained by the agency which are in addition to the

26  measures approved by the Legislature.

27         (6)  Annually, by June 30, executive agencies shall

28  submit to the Executive Office of the Governor adjustments to

29  their performance standards based on the amounts appropriated

30  for each program by the Legislature. When such an adjustment

31  is made, all performance standards, including any adjustments

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 1  made, shall be reviewed and revised as necessary by the

 2  Executive Office of the Governor and, upon approval, submitted

 3  to the Legislature pursuant to the review and approval process

 4  provided in s. 216.177. The Senate and the House of

 5  Representatives appropriations committees shall advise Senate

 6  substantive committees and House of Representatives

 7  substantive committees, respectively, of all adjustments made

 8  to performance standards or measures. The Executive Office of

 9  the Governor shall maintain the official record of adjustments

10  to the performance standards. As used in this section, the

11  term "official record" means the official compilation of

12  information about state agency performance-based programs and

13  measures, including approved programs, approved outputs and

14  outcomes, baseline data, approved standards for each

15  performance measure and any approved adjustments thereto, as

16  well as actual agency performance for each measure.

17         (8)  Annually, by June 30, the judicial branch shall

18  make adjustments to any performance standards for approved

19  programs based on the amount appropriated for each program,

20  which shall be submitted to the Legislature pursuant to the

21  notice and review process provided in s. 216.177. The Senate

22  and the House of Representatives appropriations committees

23  shall advise Senate substantive committees and House

24  substantive committees, respectively, of all adjustments made

25  to performance standards or measures.

26         Section 13.  Paragraph (a) of subsection (4) of section

27  216.134, Florida Statutes, is amended, and paragraph (c) is

28  added to that subsection, to read:

29         216.134  Consensus estimating conferences; general

30  provisions.--

31  

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 1         (4)  Consensus estimating conferences are within the

 2  legislative branch. The membership of each consensus

 3  estimating conference consists of principals and participants.

 4         (a)  A person designated by law as a principal may

 5  preside over conference sessions, convene conference sessions,

 6  request information, specify topics to be included on the

 7  conference agenda, agree or withhold agreement on whether

 8  information is to be official information of the conference,

 9  release official information of the conference, interpret

10  official information of the conference, and monitor errors in

11  official information of the conference. The responsibility of

12  presiding over sessions of the conference shall be rotated

13  among the principals.

14         (c)  The principals of each conference shall be

15  professional staff of the Executive Office of the Governor

16  designated by the Governor, the coordinator of the Office of

17  Economic and Demographic Research, professional staff of the

18  Senate designated by the President of the Senate, and

19  professional staff of the House of Representatives designated

20  by the Speaker of the House of Representatives. The

21  coordinator of the Office of Economic and Demographic Research

22  may designate other professional staff within that office to

23  act as principals on the conferences.

24         Section 14.  Section 216.136, Florida Statutes, is

25  amended to read:

26         216.136  Consensus estimating conferences; duties and

27  principals.--

28         (1)  ECONOMIC ESTIMATING CONFERENCE.--

29         (a)  Duties.--The Economic Estimating Conference shall

30  develop such official information with respect to the national

31  and state economies as the conference determines is needed for

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 1  the state planning and budgeting system. The basic, long-term

 2  forecasts which are a part of its official information shall

 3  be trend forecasts. However, the conference may include cycle

 4  forecasts as a part of its official information if the subject

 5  matter of the forecast warrants a cycle forecast and if such

 6  forecast is developed in a special impact session of the

 7  conference.

 8         (b)  Principals.--The Executive Office of the Governor,

 9  the coordinator of the Office of Economic and Demographic

10  Research, and professional staff of the Senate and House of

11  Representatives who have forecasting expertise, or their

12  designees, are the principals of the Economic Estimating

13  Conference.  The responsibility of presiding over sessions of

14  the conference shall be rotated among the principals.

15         (2)  DEMOGRAPHIC ESTIMATING CONFERENCE.--

16         (a)  Duties.--The Demographic Estimating Conference

17  shall develop such official information with respect to the

18  population of the nation and state by age, race, and sex as

19  the conference determines is needed for the state planning and

20  budgeting system.  The conference shall use the official

21  population estimates provided under s. 186.901 in developing

22  its official information.

23         (b)  Principals.--The Executive Office of the Governor,

24  the coordinator of the Office of Economic and Demographic

25  Research, and professional staff of the Senate and House of

26  Representatives who have forecasting expertise, or their

27  designees, are the principals of the Demographic Estimating

28  Conference.  The responsibility of presiding over sessions of

29  the conference shall be rotated among the principals.

30         (3)  REVENUE ESTIMATING CONFERENCE.--

31  

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 1         (a)  Duties.--The Revenue Estimating Conference shall

 2  develop such official information with respect to anticipated

 3  state and local government revenues as the conference

 4  determines is needed for the state planning and budgeting

 5  system.  Any principal may request the conference to review

 6  and estimate revenues for any trust fund.

 7         (b)  Principals.--The Executive Office of the Governor,

 8  the coordinator of the Office of Economic and Demographic

 9  Research, and professional staff of the Senate and House of

10  Representatives who have forecasting expertise, or their

11  designees, are the principals of the Revenue Estimating

12  Conference.  The responsibility of presiding over sessions of

13  the conference shall be rotated among the principals.

14         (4)  EDUCATION ESTIMATING CONFERENCE.--

15         (a)  Duties.--The Education Estimating Conference shall

16  develop such official information relating to the state public

17  and private educational system, including forecasts of student

18  enrollments, the number of students qualified for state

19  financial aid programs and for the William L. Boyd, IV,

20  Florida Resident Access Grant Program and the appropriation

21  required to fund the full award amounts for each program,

22  fixed capital outlay needs, and Florida Education Finance

23  Program formula needs, as the conference determines is needed

24  for the state planning and budgeting system.  The conference's

25  initial projections of enrollments in public schools shall be

26  forwarded by the conference to each school district no later

27  than 2 months prior to the start of the regular session of the

28  Legislature. Each school district may, in writing, request

29  adjustments to the initial projections.  Any adjustment

30  request shall be submitted to the conference no later than 1

31  month prior to the start of the regular session of the

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 1  Legislature and shall be considered by the principals of the

 2  conference.  A school district may amend its adjustment

 3  request, in writing, during the first 3 weeks of the

 4  legislative session, and such amended adjustment request shall

 5  be considered by the principals of the conference.  For any

 6  adjustment so requested, the district shall indicate and

 7  explain, using definitions adopted by the conference, the

 8  components of anticipated enrollment changes that correspond

 9  to continuation of current programs with workload changes;

10  program improvement; program reduction or elimination;

11  initiation of new programs; and any other information that may

12  be needed by the Legislature.  For public schools, the

13  conference shall submit its full-time equivalent student

14  consensus estimate to the Legislature no later than 1 month

15  after the start of the regular session of the Legislature. No

16  conference estimate may be changed without the agreement of

17  the full conference.

18         (b)  Adjustments.--No later than 2 months prior to the

19  start of the regular session of the Legislature, the

20  conference shall forward to each eligible postsecondary

21  education institution its initial projections of the number of

22  students qualified for state financial aid programs and the

23  appropriation required to fund those students at the full

24  award amount. Each postsecondary education institution may

25  request, in writing, adjustments to the initial projection.

26  Any adjustment request must be submitted to the conference no

27  later than 1 month prior to the start of the regular session

28  of the Legislature and shall be considered by the principals

29  of the conference. For any adjustment so requested, the

30  postsecondary education institution shall indicate and

31  explain, using definitions adopted by the conference, the

                                  27

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 1  components of anticipated changes that correspond to

 2  continuation of current programs with enrollment changes,

 3  program reduction or elimination, initiation of new programs,

 4  award amount increases or decreases, and any other information

 5  that is considered by the conference. The conference shall

 6  submit its consensus estimate to the Legislature no later than

 7  1 month after the start of the regular session of the

 8  Legislature. No conference estimate may be changed without the

 9  agreement of the full conference.

10         (c)  Principals.--The Commissioner of Education, the

11  Executive Office of the Governor, the coordinator of the

12  Office of Economic and Demographic Research, and professional

13  staff of the Senate and House of Representatives who have

14  forecasting expertise, or their designees, are the principals

15  of the Education Estimating Conference. The Commissioner of

16  Education or his or her designee shall preside over sessions

17  of the conference.

18         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

19         (a)  Duties.--The Criminal Justice Estimating

20  Conference shall:

21         (a)1.  Develop such official information relating to

22  the criminal justice system, including forecasts of prison

23  admissions and population and of supervised felony offender

24  admissions and population, as the conference determines is

25  needed for the state planning and budgeting system.

26         (b)2.  Develop such official information relating to

27  the number of eligible discharges and the projected number of

28  civil commitments for determining space needs pursuant to the

29  civil proceedings provided under part V of chapter 394.

30         (c)3.  Develop official information relating to the

31  number of sexual offenders and sexual predators who are

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 1  required by law to be placed on community control, probation,

 2  or conditional release who are subject to electronic

 3  monitoring. In addition, the Office of Economic and

 4  Demographic Research shall study the factors relating to the

 5  sentencing of sex offenders from the point of arrest through

 6  the imposition of sanctions by the sentencing court, including

 7  original charges, plea negotiations, trial dispositions, and

 8  sanctions. The Department of Corrections, the Office of the

 9  State Courts Administrator, the Florida Department of Law

10  Enforcement, and the state attorneys shall provide information

11  deemed necessary for the study. The final report shall be

12  provided to the President of the Senate and the Speaker of the

13  House of Representatives by March 1, 2006.

14         (b)  Principals.--The Executive Office of the Governor,

15  the coordinator of the Office of Economic and Demographic

16  Research, and professional staff, who have forecasting

17  expertise, from the Senate, the House of Representatives, and

18  the Supreme Court, or their designees, are the principals of

19  the Criminal Justice Estimating Conference.  The principal

20  representing the Executive Office of the Governor shall

21  preside over sessions of the conference.

22         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--

23         (a)  Duties.--

24         (a)1.  The Social Services Estimating Conference shall

25  develop such official information relating to the social

26  services system of the state, including forecasts of social

27  services caseloads, utilization, and expenditures, as the

28  conference determines is needed for the state planning and

29  budgeting system.  Such official information shall include,

30  but not be limited to, cash assistance and Medicaid caseloads.

31  

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 1         (b)2.  The Social Services Estimating Conference shall

 2  develop information relating to the Florida Kidcare program,

 3  including, but not limited to, outreach impacts, enrollment,

 4  caseload, utilization, and expenditure information that the

 5  conference determines is needed to plan for and project future

 6  budgets and the drawdown of federal matching funds. The

 7  agencies required to collect and analyze Florida Kidcare

 8  program data under s. 409.8134 shall be participants in the

 9  Social Services Estimating Conference for purposes of

10  developing information relating to the Florida Kidcare

11  program.

12         (b)  Principals.--The Executive Office of the Governor,

13  the coordinator of the Office of Economic and Demographic

14  Research, professional staff who have forecasting expertise

15  from the Department of Children and Family Services, the

16  Agency for Health Care Administration, the Senate, and the

17  House of Representatives, or their designees, are the

18  principals of the Social Services Estimating Conference.  The

19  principal representing the Executive Office of the Governor

20  shall preside over sessions of the conference.

21         (7)  WORKFORCE ESTIMATING CONFERENCE.--

22         (a)  Duties.--

23         (a)1.  The Workforce Estimating Conference shall

24  develop such official information on the workforce development

25  system planning process as it relates to the personnel needs

26  of current, new, and emerging industries as the conference

27  determines is needed by the state planning and budgeting

28  system. Such information, using quantitative and qualitative

29  research methods, must include at least: short-term and

30  long-term forecasts of employment demand for jobs by

31  occupation and industry; entry and average wage forecasts

                                  30

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 1  among those occupations; and estimates of the supply of

 2  trained and qualified individuals available or potentially

 3  available for employment in those occupations, with special

 4  focus upon those occupations and industries which require high

 5  skills and have high entry wages and experienced wage levels.

 6  In the development of workforce estimates, the conference

 7  shall use, to the fullest extent possible, local occupational

 8  and workforce forecasts and estimates.

 9         (b)2.  The Workforce Estimating Conference shall review

10  data concerning the local and regional demands for short-term

11  and long-term employment in High-Skills/High-Wage Program

12  jobs, as well as other jobs, which data is generated through

13  surveys conducted as part of the state's Internet-based job

14  matching and labor market information system authorized under

15  s. 445.011. The conference shall consider such data in

16  developing its forecasts for statewide employment demand,

17  including reviewing the local and regional data for common

18  trends and conditions among localities or regions which may

19  warrant inclusion of a particular occupation on the statewide

20  occupational forecasting list developed by the conference.

21  Based upon its review of such survey data, the conference

22  shall also make recommendations semiannually to Workforce

23  Florida, Inc., on additions or deletions to lists of locally

24  targeted occupations approved by Workforce Florida, Inc.

25         3.  During each legislative session, and at other times

26  if necessary, the Workforce Estimating Conference shall meet

27  as the Workforce Impact Conference for the purpose of

28  determining the effects of legislation related to the state's

29  workforce and economic development efforts introduced prior to

30  and during such legislative session. In addition to the

31  designated principals of the impact conference, nonprincipal

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 1  participants of the impact conference shall include a

 2  representative of the Florida Chamber of Commerce and other

 3  interested parties. The impact conference shall use both

 4  quantitative and qualitative research methods to determine the

 5  impact of introduced legislation related to workforce and

 6  economic development issues.

 7         (c)4.  Notwithstanding subparagraph 3., The Workforce

 8  Estimating Conference, for the purposes described in paragraph

 9  (a) subparagraph 1., shall meet no less than 2 times in a

10  calendar year. The first meeting shall be held in February,

11  and the second meeting shall be held in August. Other meetings

12  may be scheduled as needed.

13         (b)  Principals.--The Commissioner of Education, the

14  Executive Office of the Governor, the director of the Office

15  of Tourism, Trade, and Economic Development, the director of

16  the Agency for Workforce Innovation, the executive director of

17  the Commission for Independent Education, the Chancellor of

18  the State University System, the chair of Workforce Florida,

19  Inc., the coordinator of the Office of Economic and

20  Demographic Research, or their designees, and professional

21  staff from the Senate and the House of Representatives who

22  have forecasting and substantive expertise, are the principals

23  of the Workforce Estimating Conference. In addition to the

24  designated principals of the conference, nonprincipal

25  participants of the conference shall include a representative

26  of the Florida Chamber of Commerce and other interested

27  parties. The principal representing the Executive Office of

28  the Governor shall preside over the sessions of the

29  conference.

30         (8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--

31         (a)  Duties.--

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 1         (a)1.  The Early Learning Programs Estimating

 2  Conference shall develop estimates and forecasts of the

 3  unduplicated count of children eligible for school readiness

 4  programs in accordance with the standards of eligibility

 5  established in s. 411.01(6), and of children eligible for the

 6  Voluntary Prekindergarten Education Program in accordance with

 7  s. 1002.53(2), as the conference determines are needed to

 8  support the state planning, budgeting, and appropriations

 9  processes.

10         (b)2.  The Agency for Workforce Innovation shall

11  provide information on needs and waiting lists for school

12  readiness programs, and information on the needs for the

13  Voluntary Prekindergarten Education Program, as requested by

14  the Early Learning Programs Estimating Conference or

15  individual conference principals in a timely manner.

16         (b)  Principals.--The Executive Office of the Governor,

17  the Director of Economic and Demographic Research, and

18  professional staff who have forecasting expertise from the

19  Agency for Workforce Innovation, the Department of Children

20  and Family Services, the Department of Education, the Senate,

21  and the House of Representatives, or their designees, are the

22  principals of the Early Learning Programs Estimating

23  Conference. The principal representing the Executive Office of

24  the Governor shall preside over sessions of the conference.

25         (9)  SELF-INSURANCE ESTIMATING CONFERENCE.--

26         (a)  Duties.--The Self-Insurance Estimating Conference

27  shall develop such official information on self-insurance

28  related issues as the conference determines is needed by the

29  state planning and budgeting system.

30         (b)  Principals.--The Executive Office of the Governor,

31  the coordinator of the Office of Economic and Demographic

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 1  Research, and professional staff of the Senate and the House

 2  of Representatives who have forecasting and substantive

 3  experience, or their designees, are the principals of the

 4  Self-Insurance Estimating Conference. The responsibility of

 5  presiding over sessions of the conference shall be rotated

 6  among the principals.

 7         (10)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

 8  CONFERENCE.--

 9         (a)  Duties.--The Florida Retirement System Actuarial

10  Assumption Conference shall develop official information with

11  respect to the economic and noneconomic assumptions and

12  funding methods of the Florida Retirement System necessary to

13  perform the system actuarial study undertaken pursuant to s.

14  121.031(3). Such information shall include: an analysis of the

15  actuarial assumptions and actuarial methods used in the study

16  and a determination of whether changes to the assumptions or

17  methods need to be made due to experience changes or revised

18  future forecasts.

19         (b)  Principals.--The Executive Office of the Governor,

20  the coordinator of the Office of Economic and Demographic

21  Research, and professional staff of the Senate and House of

22  Representatives who have forecasting and substantive

23  expertise, or their designees, are the principals of the

24  Florida Retirement System Actuarial Assumption Conference. The

25  Executive Office of the Governor shall have the responsibility

26  of presiding over the sessions of the conference. The State

27  Board of Administration and the Division of Retirement shall

28  be participants in the conference.

29         Section 15.  Paragraph (a) of subsection (2) of section

30  216.177, Florida Statutes, is amended to read:

31  

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 1         216.177  Appropriations acts, statement of intent,

 2  violation, notice, review and objection procedures.--

 3         (2)(a)  Whenever notice of action to be taken by the

 4  Executive Office of the Governor or the Chief Justice of the

 5  Supreme Court is required by law this chapter, such notice

 6  shall be given to the chair and vice chair of the Legislative

 7  Budget Commission in writing, and shall be delivered at least

 8  14 days prior to the action referred to, unless a shorter

 9  period is approved in writing by the chair and vice chair or a

10  different period is specified by law. If the action is solely

11  for the release of funds appropriated by the Legislature, the

12  notice shall be delivered at least 3 days before the effective

13  date of the action. Action shall not be taken on any budget

14  item for which this chapter requires notice to the Legislative

15  Budget Commission or the appropriations committees without

16  such notice having been provided, even though there may be

17  good cause for considering such item.

18         Section 16.  Subsections (3), (5), (6), paragraph (a)

19  of subsection (8), paragraph (a) of subsection (10), and

20  subsection (11) of section 216.181, Florida Statutes, are

21  amended to read:

22         216.181  Approved budgets for operations and fixed

23  capital outlay.--

24         (3)  All amendments to original approved operating

25  budgets, regardless of funding source, are subject to the

26  notice and objection review procedures set forth in s.

27  216.177.

28         (5)  An amendment to the original operating budget for

29  an information technology project or initiative that involves

30  more than one agency, has an outcome that impacts another

31  agency, or exceeds $500,000 in total cost over a 1-year

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 1  period, except for those projects that are a continuation of

 2  hardware or software maintenance or software licensing

 3  agreements, or that are for desktop replacement that is

 4  similar to the technology currently in use must be reviewed by

 5  the Technology Review Workgroup pursuant to s. 216.0446 and

 6  approved by the Executive Office of the Governor for the

 7  executive branch or by the Chief Justice for the judicial

 8  branch, and shall be subject to the notice and objection

 9  review procedures set forth in s. 216.177.

10         (6)(a)  A detailed plan allocating a lump-sum

11  appropriation to traditional appropriations categories shall

12  be submitted by the affected agency to the Executive Office of

13  the Governor or the Chief Justice of the Supreme Court. The

14  Executive Office of the Governor and the Chief Justice of the

15  Supreme Court shall submit such plan to the chair and vice

16  chair of the Legislative Budget Commission either before or

17  concurrent with the submission of any budget amendment that

18  recommends the transfer and release of may require the

19  submission of a detailed plan from the agency or entity of the

20  judicial branch affected, consistent with the General

21  Appropriations Act, special appropriations acts, and

22  statements of intent before transferring and releasing the

23  balance of a lump-sum appropriation.

24         (b)  The Executive Office of the Governor and the Chief

25  Justice of the Supreme Court may amend, without approval of

26  the Legislative Budget Commission, state agency and judicial

27  branch entity budgets, respectively, to reflect the

28  transferred funds and to provide the associated increased

29  salary rate based on the approved plans for lump-sum

30  appropriations. Any action proposed pursuant to this paragraph

31  is subject to the procedures set forth in s. 216.177.

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 1  

 2  The Executive Office of the Governor shall transmit to each

 3  state agency and the Chief Financial Officer, and the Chief

 4  Justice shall transmit to each judicial branch component and

 5  the Chief Financial Officer, any approved amendments to the

 6  approved operating budgets.

 7         (8)  As part of the approved operating budget, the

 8  Executive Office of the Governor shall furnish to each state

 9  agency, and the Chief Justice of the Supreme Court shall

10  furnish to the entity of the judicial branch, an approved

11  annual salary rate for each budget entity containing a salary

12  appropriation. This rate shall be based upon the actual salary

13  rate and shall be consistent with the General Appropriations

14  Act or special appropriations acts. The annual salary rate

15  shall be:

16         (a)  Determined by the salary rate specified in the

17  General Appropriations Act and adjusted for reorganizations

18  authorized by law, for any other appropriations made by law,

19  and, subject to s. 216.177, for distributions of lump-sum

20  appropriations and administered funds and for actions that

21  require authorization of salary rate from salary rate reserve

22  and placement of salary rate in salary rate reserve.

23         (10)(a)  The Legislative Budget Commission may

24  authorize increases or decreases in the approved salary rate,

25  except as authorized in s. 216.181(8)(a), for positions

26  pursuant to the request of the agency filed with the Executive

27  Office of the Governor or pursuant to the request of an entity

28  of the judicial branch filed with the Chief Justice of the

29  Supreme Court, if deemed necessary and in the best interest of

30  the state and consistent with legislative policy and intent.

31  

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 1         (11)  The Executive Office of the Governor and the

 2  Chief Justice of the Supreme Court may approve changes in the

 3  amounts appropriated from state trust funds in excess of those

 4  in the approved operating budget up to $1 million only

 5  pursuant to the federal funds provisions of s. 216.212, when

 6  grants and donations are received after April 1, or when

 7  deemed necessary due to a set of conditions that were

 8  unforeseen at the time the General Appropriations Act was

 9  adopted and that are essential to correct in order to continue

10  the operation of government. Changes in the amounts

11  appropriated from state trust funds in excess of those in the

12  approved operating budget which are in excess of $1 million

13  may be approved only by the Legislative Budget Commission

14  pursuant to the request of a state agency filed with the

15  Executive Office of the Governor or pursuant to the request of

16  an entity of the judicial branch filed with the Chief Justice

17  of the Supreme Court. The provisions of this subsection are

18  subject to the notice, review, and objection procedures set

19  forth in s. 216.177.

20         Section 17.  Section 216.1811, Florida Statutes, is

21  created to read:

22         216.1811  Approved operating budgets and appropriations

23  for the legislative branch.--

24         (1)  The Governor and the Chief Financial Officer shall

25  each make changes to the original approved operating budgets

26  for operational and fixed capital expenditures relating to the

27  legislative branch as directed by the presiding officers of

28  the legislative branch.

29         (2)  The Governor and the Chief Financial Officer shall

30  each ensure that any balances of appropriations made to the

31  

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 1  legislative branch are carried forward as directed by the

 2  presiding officers of the legislative branch.

 3         Section 18.  Subsection (2) of section 216.1815,

 4  Florida Statutes, is amended to read:

 5         216.1815  Agency incentive and savings program.--

 6         (2)  To be eligible to retain funds, an agency or the

 7  Chief Justice of the Supreme Court must submit a plan and an

 8  associated request to amend its approved operating budget to

 9  the Legislative Budget Commission specifying:

10         (a)  The modifications to approved programs resulting

11  in efficiencies and cost savings;

12         (b)  The amount and source of the funds and positions

13  saved;

14         (c)  The specific positions, rate, amounts, and sources

15  of funds the agency or the judicial branch wishes to include

16  in its incentive expenditures;

17         (d)  How the agency or the judicial branch will meet

18  the goals and objectives established in its long-range program

19  plan;

20         (e)  How the agency or the judicial branch will meet

21  performance standards, including established by the

22  Legislature and those in its long-range program plan; and

23         (f)  Any other incentive expenditures which the agency

24  or the judicial branch believes will enhance its performance.

25         Section 19.  Section 216.1827, Florida Statutes, is

26  created to read:

27         216.1827  Requirements for performance measures and

28  standards.--

29         (1)  Agencies and the judicial branch shall maintain a

30  comprehensive performance accountability system containing, at

31  a minimum, a list of performance measures and standards that

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 1  are adopted by the Legislature and subsequently amended

 2  pursuant to this section.

 3         (2)(a)  Agencies and the judicial branch shall submit

 4  output and outcome measures and standards, as well as

 5  historical baseline and performance data, to the Executive

 6  Office of the Governor and the Legislature, under s. 216.013.

 7         (b)  Agencies and the judicial branch shall also submit

 8  performance data, measures, and standards to the Office of

 9  Program Policy Analysis and Government Accountability upon

10  request for review of the adequacy of the legislatively

11  approved measures and standards.

12         (3)(a)  An agency may submit requests to delete or

13  amend its existing approved performance measures and standards

14  or submit requests to create additional performance measures

15  and standards to the Executive Office of the Governor for

16  review and approval. The request shall document the

17  justification for the change and ensure that the revision,

18  deletion, or addition is consistent with legislative intent.

19  Revisions or deletions to, or additions of performance

20  measures and standards approved by the Executive Office of the

21  Governor are subject to the review and objection procedure set

22  forth in s. 216.177.

23         (b)  The Chief Justice of the Supreme Court may submit

24  deletions or amendments of the judicial branch's existing

25  approved performance measures and standards or may submit

26  additional performance measures and standards to the Executive

27  Office of the Governor accompanied with justification for the

28  change and ensure that the revision, deletion, or addition is

29  consistent with legislative intent. Revisions or deletions to,

30  or additions of performance measures and standards submitted

31  

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 1  by the Chief Justice of the Supreme Court are subject to the

 2  review and objection procedure set forth in s. 216.177.

 3         (4)(a)  The Legislature may create, amend, and delete

 4  performance measures and standards. The Legislature may confer

 5  with the Executive Office of the Governor for state agencies

 6  and the Chief Justice of the Supreme Court for the judicial

 7  branch prior to any such action.

 8         (b)  The Legislature may require state agencies to

 9  submit requests for revisions, additions, or deletions to

10  approved performance measures and standards to the Executive

11  Office of the Governor for review and approval, subject to the

12  review and objection procedure set forth in s. 216.177.

13         (c)  The Legislature may require the judicial branch to

14  submit revisions, additions, or deletions to approved

15  performance measures and standards to the Executive Office of

16  The Governor, subject to the review and objection procedure

17  set forth in s. 216.177.

18         (d)  Any new agency created by the Legislature is

19  subject to the initial performance measures and standards

20  established by the Legislature. The Legislature may require

21  state agencies and the judicial branch to provide any

22  information necessary to create initial performance measures

23  and standards.

24         Section 20.  Subsection (3) is added to section

25  216.251, Florida Statutes, to read:

26         216.251  Salary appropriations; limitations.--

27         (3)  An agency may not provide general salary increases

28  or pay additives for a cohort of positions sharing the same

29  job classification or job occupations which the Legislature

30  has not authorized in the General Appropriations Act or other

31  laws.

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 1         Section 21.  Subsection (3), paragraph (b) of

 2  subsection (4), and subsection (5) of section 216.292, Florida

 3  Statutes, are amended, and subsection (7) is added to that

 4  section, to read:

 5         216.292  Appropriations nontransferable; exceptions.--

 6         (3)  The following transfers are authorized with the

 7  approval of the Executive Office of the Governor for the

 8  executive branch or the Chief Justice for the judicial branch,

 9  subject to the notice and objection review provisions of s.

10  216.177:

11         (a)  The transfer of appropriations for operations from

12  trust funds in excess of those provided in subsection (2), up

13  to $1 million.

14         (b)  The transfer of positions between budget entities.

15         (4)  The following transfers are authorized with the

16  approval of the Legislative Budget Commission. Unless waived

17  by the chair and vice chair of the commission, notice of such

18  transfers must be provided 14 days before the commission

19  meeting:

20         (b)  The transfer of appropriations for operations from

21  trust funds in excess of those authorized provided in

22  subsection (2) or subsection (3) this section that exceed the

23  greater of 5 percent of the original approved budget or $1

24  million, as recommended by the Executive Office of the

25  Governor or the Chief Justice of the Supreme Court.

26         (5)  A transfer of funds may not result in the

27  initiation of a fixed capital outlay project that has not

28  received a specific legislative appropriation, except that

29  federal funds for fixed capital outlay projects for the

30  Department of Military Affairs, which do not carry a

31  continuing commitment on future appropriations by the

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 1  Legislature, may be approved by the Executive Office of the

 2  Governor for the purpose received, subject to the notice,

 3  review, and objection procedures set forth in s. 216.177.

 4         (7)  The provisions of this section do not apply to the

 5  budgets for the legislative branch.

 6         Section 22.  Effective upon this act becoming a law,

 7  subsections (1) and (3) and paragraph (a) of subsection (2) of

 8  section 216.301, Florida Statutes, as amended by section 40 of

 9  chapter 2005-152, Laws of Florida, are amended to read:

10         216.301  Appropriations; undisbursed balances.--

11         (1)(a)  As of June 30th of each year, for

12  appropriations for operations only, each department and the

13  judicial branch shall identify in the state's financial system

14  any incurred obligation which has not been disbursed, showing

15  in detail the commitment or to whom obligated and the amounts

16  of such commitments or obligations. Any appropriation not

17  identified as an incurred obligation effective June 30th shall

18  revert to the fund from which it was appropriated and shall be

19  available for reappropriation by the Legislature.

20         (b)  The undisbursed release balance of any authorized

21  appropriation, except an appropriation for fixed capital

22  outlay, for any given fiscal year remaining on June 30 of the

23  fiscal year shall be carried forward in an amount equal to the

24  incurred obligations identified in paragraph (a). Any such

25  incurred obligations remaining undisbursed on September 30

26  shall revert to the fund from which appropriated and shall be

27  available for reappropriation by the Legislature. The Chief

28  Financial Officer will monitor changes made to incurred

29  obligations prior to the September 30 reversion to ensure

30  generally accepted accounting procedures and legislative

31  intent are followed.

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 1         (c)  In the event an appropriate identification of an

 2  incurred obligation is not made and an incurred obligation is

 3  proven to be legal, due, and unpaid, then the incurred

 4  obligation shall be paid and charged to the appropriation for

 5  the current fiscal year of the state agency or the legislative

 6  or judicial branch affected.

 7         (1)(a)  Any balance of any appropriation, except an

 8  appropriation for fixed capital outlay, which is not disbursed

 9  but which is expended shall, at the end of each fiscal year,

10  be certified by the head of the affected state agency or the

11  judicial or legislative branches, on or before August 1 of

12  each year, to the Executive Office of the Governor, showing in

13  detail the obligees to whom obligated and the amounts of such

14  obligations. Any such encumbered balance remaining undisbursed

15  on September 30 of the same calendar year in which such

16  certification was made shall revert to the fund from which

17  appropriated, except as provided in subsection (3), and shall

18  be available for reappropriation by the Legislature. In the

19  event such certification is not made and an obligation is

20  proven to be legal, due, and unpaid, then the obligation shall

21  be paid and charged to the appropriation for the current

22  fiscal year of the state agency or the legislative or judicial

23  branch affected.

24         (b)  Any balance of any appropriation, except an

25  appropriation for fixed capital outlay, for any given fiscal

26  year remaining after charging against it any lawful

27  expenditure shall revert to the fund from which appropriated

28  and shall be available for reappropriation by the Legislature.

29         (d)(c)  Each department and the judicial branch shall

30  maintain the integrity of the General Revenue Fund.

31  Appropriations from the General Revenue Fund contained in the

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 1  original approved budget may be transferred to the proper

 2  trust fund for disbursement. Any reversion of appropriation

 3  balances from programs which receive funding from the General

 4  Revenue Fund and trust funds shall be transferred to the

 5  General Revenue Fund within 15 days after such reversion,

 6  unless otherwise provided by federal or state law, including

 7  the General Appropriations Act. The Executive Office of the

 8  Governor or the Chief Justice of the Supreme Court shall

 9  determine the state agency or judicial branch programs which

10  are subject to this paragraph. This determination shall be

11  subject to the legislative consultation and objection process

12  in this chapter. The Education Enhancement Trust Fund shall

13  not be subject to the provisions of this section.

14         (2)(a)  The balance of any appropriation for fixed

15  capital outlay which is not disbursed but expended,

16  contracted, or committed to be expended prior to February 1 of

17  the second fiscal year of the appropriation, or the third

18  fiscal year if it is for an educational facility as defined in

19  chapter 1013 or for a construction project of a state

20  university, shall be certified by the head of the affected

21  state agency or the legislative or judicial branch on February

22  1 to the Executive Office of the Governor, showing in detail

23  the commitment or to whom obligated and the amount of the

24  commitment or obligation. The Executive Office of the Governor

25  for the executive branch and the Chief Justice for the

26  judicial branch shall review and approve or disapprove,

27  consistent with criteria jointly developed by the Executive

28  Office of the Governor and the legislative appropriations

29  committees, the continuation of such unexpended balances. The

30  Executive Office of the Governor shall, no later than February

31  28 20 of each year, furnish the Chief Financial Officer, the

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 1  legislative appropriations committees, and the Auditor General

 2  a report listing in detail the items and amounts reverting

 3  under the authority of this subsection, including the fund to

 4  which reverted and the agency affected.

 5         (3)  The President of the Senate and the Speaker of the

 6  House of Representatives may notify the Executive Office of

 7  the Governor to retain certified forward balances from

 8  legislative budget entities until June 30 of the following

 9  fiscal year.

10         Section 23.  Subsection (2) of section 252.37, Florida

11  Statutes, is amended to read:

12         252.37  Financing.--

13         (2)  It is the legislative intent that the first

14  recourse be made to funds regularly appropriated to state and

15  local agencies. If the Governor finds that the demands placed

16  upon these funds in coping with a particular disaster declared

17  by the Governor as a state of emergency are unreasonably

18  great, she or he may make funds available by transferring and

19  expending moneys appropriated for other purposes, by

20  transferring and expending moneys out of any unappropriated

21  surplus funds, or from the Budget Stabilization Fund.

22  Following the expiration or termination of the state of

23  emergency, the Governor may transfer moneys with a budget

24  amendment, subject to approval by the Legislative Budget

25  Commission, process a budget amendment under the notice and

26  review procedures set forth in s. 216.177 to transfer moneys

27  to satisfy the budget authority granted for such emergency.

28         Section 24.  Section 273.02, Florida Statutes, is

29  amended to read:

30         273.02  Record and inventory of certain property.--The

31  word "property" as used in this section means equipment,

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 1  fixtures, and other tangible personal property of a

 2  nonconsumable and nonexpendable nature. The Chief Financial

 3  Officer shall establish by rule the requirements for the

 4  recording of property in the state's financial systems and for

 5  the periodic review of property for inventory purposes., the

 6  value or cost of which is $1,000 or more and the normal

 7  expected life of which is 1 year or more, and hardback-covered

 8  bound books that are circulated to students or the general

 9  public, the value or cost of which is $25 or more, and

10  hardback-covered bound books, the value or cost of which is

11  $250 or more. Each item of property which it is practicable to

12  identify by marking shall be marked in the manner required by

13  the Auditor General. Each custodian shall maintain an adequate

14  record of property in his or her custody, which record shall

15  contain such information as shall be required by the Auditor

16  General. Once each year, on July 1 or as soon thereafter as is

17  practicable, and whenever there is a change of custodian, each

18  custodian shall take an inventory of property in his or her

19  custody. The inventory shall be compared with the property

20  record, and all discrepancies shall be traced and reconciled.

21  All publicly supported libraries shall be exempt from marking

22  hardback-covered bound books, as required by this section. The

23  catalog and inventory control records maintained by each

24  publicly supported library shall constitute the property

25  record of hardback-covered bound books with a value or cost of

26  $25 or more included in each publicly supported library

27  collection and shall serve as a perpetual inventory in lieu of

28  an annual physical inventory. All books identified by these

29  records as missing shall be traced and reconciled, and the

30  library inventory shall be adjusted accordingly.

31  

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 1         Section 25.  Section 273.025, Florida Statutes, is

 2  created to read:

 3         273.025  Financial reporting for recorded

 4  property.--The Chief Financial Officer shall establish by rule

 5  the requirements for the capitalization of property that has

 6  been recorded in the state's financial systems.

 7         Section 26.  Subsections (2) and (5) of section

 8  273.055, Florida Statutes, are amended to read:

 9         273.055  Disposition of state-owned tangible personal

10  property.--

11         (2)  Custodians shall maintain records to identify each

12  property item as to disposition. Such records shall comply

13  with rules issued by the Chief Financial Officer Auditor

14  General.

15         (5)  All moneys received from the disposition of

16  state-owned tangible personal property or from any agreement

17  entered into under this chapter must be retained by the

18  custodian and may be disbursed for the acquisition of exchange

19  and surplus property and for all necessary operating

20  expenditures, and are appropriated for those purposes. The

21  custodian shall maintain records of the accounts into which

22  the money is deposited.

23         Section 27.  Section 274.02, Florida Statutes, is

24  amended to read:

25         274.02  Record and inventory of certain property.--

26         (1)  The word "property" as used in this section means

27  fixtures and other tangible personal property of a

28  nonconsumable nature the value of which is $1,000 or more and

29  the normal expected life of which is 1 year or more.

30         (2)  The Chief Financial Officer shall establish by

31  rule the requirements for the recording of property and for

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 1  the periodic review of property for inventory purposes. Each

 2  item of property which it is practicable to identify by

 3  marking shall be marked in the manner required by the Auditor

 4  General. Each governmental unit shall maintain an adequate

 5  record of its property, which record shall contain such

 6  information as shall be required by the Auditor General. Each

 7  governmental unit shall take an inventory of its property in

 8  the custody of a custodian whenever there is a change in such

 9  custodian. A complete physical inventory of all property shall

10  be taken annually, and the date inventoried shall be entered

11  on the property record. The inventory shall be compared with

12  the property record, and all discrepancies shall be traced and

13  reconciled.

14         Section 28.  Paragraph (b) of subsection (3) of section

15  338.2216, Florida Statutes, is amended to read:

16         338.2216  Florida Turnpike Enterprise; powers and

17  authority.--

18         (3)

19         (b)  Notwithstanding the provisions of s. 216.301 to

20  the contrary and in accordance with s. 216.351, the Executive

21  Office of the Governor shall, on July 1 of each year, certify

22  forward all unexpended funds appropriated or provided pursuant

23  to this section for the turnpike enterprise. Of the unexpended

24  funds certified forward, any unencumbered amounts shall be

25  carried forward. Such funds carried forward shall not exceed 5

26  percent of the original approved total operating budget as

27  defined in s. 216.181(1) of the turnpike enterprise. Funds

28  carried forward pursuant to this section may be used for any

29  lawful purpose, including, but not limited to, promotional and

30  market activities, technology, and training. Any certified

31  

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 1  forward funds remaining undisbursed on September 30 December

 2  31 of each year shall be carried forward.

 3         Section 29.  Subsection (4) of section 1011.57, Florida

 4  Statutes, is amended to read:

 5         1011.57  Florida School for the Deaf and the Blind;

 6  board of trustees; management flexibility.--

 7         (4)  Notwithstanding the provisions of s. 216.301 to

 8  the contrary, the Executive Office of the Governor shall, on

 9  July 1 of each year, certify forward all unexpended funds

10  appropriated for the Florida School for the Deaf and the

11  Blind. The unexpended amounts in any fund shall be carried

12  forward and included as the balance forward for that fund in

13  the approved operating budget for the following year.

14         Section 30.  Section 215.29, Florida Statutes, is

15  repealed.

16         Section 31.  Except as otherwise expressly provided in

17  this act, this act shall take effect July 1, 2006.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2548

21                                 

22  The committee substitute for SB 2548:

23  --   Updates the law regarding financial accounting for the
         state, preparing for the new financial system (ASPIRE).
24  
    --   Sets the composition of the consensus estimating
25       conferences consistently - the principals will include
         staff of the Governor's Office, Economic and Demographic
26       Research, and the House and Senate.

27  --   Prohibits agencies from granting broad brush general
         salary increases without specific legislative
28       authorization.

29  --   Codifies the current budgetary process used for the
         budget of the legislative branch.
30  

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.