The Florida Senate

216.163  Governor's recommended budget; form and content; declaration of collective bargaining impasses.--

(1)  The Governor's recommended budget shall be referenced to the legislative budget requests prescribed in ss. 216.031 and 216.043 and shall be consistent with the format of the current fiscal year General Appropriations Act or shall be distinctly separated into four sections. If separated into four sections, Section One of the budget shall be entitled "Operations"; Section Two shall be entitled "Revenue Sharing, Distributions and Transfers"; Section Three shall be entitled "Fixed Capital Outlay"; and Section Four shall be entitled "Debt Service."

(2)  The Governor's recommended budget shall also include:

(a)  The Governor's recommendations for operating each state agency, and those of the Chief Justice of the Supreme Court for operating the judicial branch, for the next fiscal year. These recommendations shall be displayed by appropriation category within each budget entity, with detail by program component within each budget entity, and shall also include the legislative budget request of the corresponding agency.

(b)1.  The Governor's recommendations and those of the Chief Justice for fixed capital outlay appropriations for the next fiscal year. These recommendations shall be displayed by budget entity and shall also include the legislative budget request of the corresponding agency.

2.  For each specific fixed capital outlay project or group of projects or operating capital outlay requests recommended to be funded from a proposed state debt or obligation, he or she shall make available pursuant to s. 216.164(1)(a) the documents set forth in s. 216.0442(2).

(c)  The evaluation of the fixed capital outlay request of each agency and the judicial branch and alternatives to the proposed projects as made by the Department of Management Services pursuant to s. 216.044.

(d)  A summary statement of the amount of appropriations requested by each state agency and as recommended by the Governor and by the judicial branch.

(e)  A distinct listing of all nonrecurring appropriations recommended by the Governor or the Chief Justice.

(f)  A listing of the general policies used to calculate the amounts required for salaries, other personal services, expenses, operating capital outlay, electronic data processing, and food products recommended by the Governor or the Chief Justice.

(g)  Explanations and justification, expressed in terms of program-effectiveness measures, program-efficiency measures, workload, productivity adjustments, staffing standards, and any other criteria needed to evaluate the delivery of governmental services and to explain the Governor's recommendations or the Chief Justice's recommendations, and such other supporting schedules and exhibits as may be determined by the Governor or the Chief Justice.

(h)  With respect to the Department of Transportation, a reconciliation of the Governor's recommendations for the funding of the agency budget and tentative work program with the budget and tentative work program submitted by the department pursuant to s. 339.135 by project, by project phase, by department district, and by appropriation category.

(i)  The Governor's recommendations for critical information resource management projects which should be subject to special monitoring under s. 282.322. These recommendations shall include proviso language which specifies whether funds are specifically provided to contract for project monitoring, or whether the Auditor General will conduct such project monitoring. When funds are recommended for contracting with a project monitor, such funds may equal 1 percent to 5 percent of the project's estimated total costs. These funds shall be specifically appropriated and nonrecurring.

(j)  Any additional information which the Governor or Chief Justice feels is needed to justify his or her recommendations.

(3)  The Governor shall provide to the Legislature a performance-based program budget for approved programs according to the schedule provided in s. 216.0172. Information submitted to the Legislature shall be provided in a fashion that will allow comparison of the requested information with the agency request and legislative appropriation by the automated legislative appropriation planning and budgeting system.

(4)  The Executive Office of the Governor shall review the evaluation report required by s. 216.031(10) and the findings of the Office of Program Policy Analysis and Government Accountability, to the extent they are available, request any reports or additional analyses as necessary, and submit a recommendation, which may include a recommendation regarding incentives or disincentives for agency performance. Incentives or disincentives may apply to all or part of a state agency.

(a)  Incentives may include, but are not limited to:

1.  Additional flexibility in budget management, such as, but not limited to, the use of lump sums, special categories, or performance-based program appropriation; consolidation of budget entities or program components; consolidation of appropriation categories; and increased agency transfer authority between appropriation categories or budget entities.

2.  Additional flexibility in salary rate and position management.

3.  Retention of up to 50 percent of all unencumbered balances of appropriations as of June 30, or undisbursed balances as of December 31, excluding special categories and grants and aids, which may be used for nonrecurring purposes including, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements.

4.  Additional funds to be used for, but not limited to, lump-sum bonuses, employee training, or productivity enhancements, including technology and other improvements.

5.  Additional funds provided pursuant to law to be released to an agency quarterly or incrementally contingent upon the accomplishment of units of output or outcome specified in the General Appropriations Act.

(b)  Disincentives may include, but are not limited to:

1.  Mandatory quarterly reports to the Executive Office of the Governor and the Legislature on the agency's progress in meeting performance standards.

2.  Mandatory quarterly appearances before the Legislature, the Governor, or the Governor and Cabinet to report on the agency's progress in meeting performance standards.

3.  Elimination or restructuring of the program, which may include, but not be limited to, transfer of the program or outsourcing all or a portion of the program.

4.  Reduction of total positions for a program.

5.  Restriction on or reduction of the spending authority provided in s. 216.292(2) and (4).

6.  Reduction of managerial salaries.

(5)  At the same time that the Governor furnishes each senator and representative with a copy of his or her recommended balanced budget under s. 216.162(1), the Executive Office of the Governor shall electronically transmit to the legislative appropriations committees the Governor's recommended budget, the Exhibit B, Major Issues, and D-3a's.

(6)  At the time the Governor is required to furnish copies of his or her recommended budget to each senator and representative under s. 216.162(1), the Governor shall declare an impasse in all collective bargaining negotiations for which he or she is deemed to be the public employer and for which a collective bargaining agreement has not been executed. Within 14 days thereafter, the Governor shall furnish the legislative appropriations committees with documentation relating to the last offer he or she made during such collective bargaining negotiations or recommended to a mediator or special master appointed to resolve the impasse.

History.--s. 12, ch. 80-45; s. 10, ch. 83-49; s. 6, ch. 89-51; s. 3, ch. 89-301; s. 13, ch. 91-109; s. 54, ch. 92-142; s. 159, ch. 92-279; s. 55, ch. 92-326; s. 11, ch. 94-249; s. 8, ch. 94-340; s. 1513, ch. 95-147; s. 6, ch. 98-73.