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House Bill 1867e2

HB 1867, Second Engrossed 1 A bill to be entitled 2 An act relating to the executive branch of 3 state government; amending ss. 20.21 and 20.37, 4 F.S.; providing that the head of the Department 5 of Revenue and the Department of Veterans' 6 Affairs shall be a secretary appointed by the 7 Governor, subject to confirmation by the 8 Senate; amending s. 20.10, F.S.; repealing s. 9 20.24, F.S.; creating s. 20.241, F.S.; 10 abolishing the Department of Highway Safety and 11 Motor Vehicles and creating a Department of 12 Highway Safety; transferring the Division of 13 Driver Licenses and Division of Motor Vehicles 14 to the Department of State; transferring the 15 Florida Highway Patrol to the Department of 16 Highway Safety; providing for transfer of 17 positions and trust funds and for interagency 18 agreements; providing for availability of 19 driver's license information to the Department 20 of Highway Safety; directing that reviser's 21 bills be prepared to conform the Florida 22 Statutes; amending s. 322.125, F.S.; providing 23 for appointment of members of the Medical 24 Advisory Board within the Department of State 25 by the Secretary of State; amending ss. 20.32, 26 947.02, 947.021, 947.03, and 947.04, F.S.; 27 providing for appointment of the Parole 28 Commission, parole qualifications committees, 29 and officers thereof by the Governor, rather 30 than the Governor and Cabinet; amending s. 31 110.181, F.S.; providing for appointment of 1 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 seven members of the Florida State Employees' 2 Charitable Campaign steering committee by the 3 Governor and Cabinet members rather than the 4 Administration Commission; amending ss. 5 110.112, 110.161, 110.209, 110.21, 110.211, and 6 110.219, F.S.; removing the requirement that 7 the Administration Commission approve rules 8 relating to agency affirmative action plans, 9 the pretax benefits program, pay plans, shared 10 employment, recruitment, and attendance and 11 leave; amending s. 110.1225, F.S.; providing 12 that the Governor, rather than the 13 Administration Commission, may propose employee 14 furlough plans; providing that a Cabinet member 15 may propose such plans for his or her agency; 16 amending s. 110.205, F.S.; removing the 17 requirement that the Administration Commission 18 approve certain positions exempt from the 19 Career Service System; amending s. 110.209, 20 F.S.; providing that the Governor, rather than 21 the Administration Commission, shall review 22 actions relating to pay grade assignments; 23 amending s. 112.175, F.S.; providing that the 24 Department of Management Services, rather than 25 the Administration Commission, shall adopt 26 rules relating to withholding of wages to repay 27 educational loans; amending ss. 215.18 and 28 215.32, F.S.; providing that the Governor, 29 rather than the Administration Commission, 30 shall order certain transfers between funds and 31 approve trust fund consolidations; amending ss. 2 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 216.177, 216.179, 216.181, 216.182, 216.192, 2 216.195, 216.221, 216.231, 216.241, 216.251, 3 216.262, 216.292, and 240.513, F.S.; providing 4 that the Governor, rather than the 5 Administration Commission, shall have 6 responsibilities in the following areas 7 relating to appropriations and budgeting: 8 appropriations act review and objection 9 procedures, authorization of expenditures, 10 amendments to approved operating budgets, 11 review of determinations relating to fixed 12 capital outlay program plans, review of plans 13 for releases of funds, impoundment of funds, 14 implementing certain deficit reduction plans, 15 release of funds classified as "deficiency," 16 approval of new programs or program changes, 17 setting of certain salaries, certain 18 adjustments to authorized positions, and 19 authorization of certain fund transfers; 20 amending s. 195.087, F.S.; removing provisions 21 which allow property appraisers to appeal 22 budget decisions to the Administration 23 Commission; amending s. 213.055, F.S.; 24 providing that the Governor, rather than the 25 Governor and Cabinet, may grant certain fuel 26 tax refunds in an emergency; amending s. 27 336.025, F.S.; providing that the Governor, 28 rather than the Administration Commission, 29 shall resolve disputes relating to 30 determination of distribution proportions for 31 the local option fuel tax for county 3 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 transportation systems; amending ss. 212.0599, 2 213.065, and 213.066, F.S.; removing references 3 to adoption by the Governor and Cabinet of 4 certain implementing rules of the Department of 5 Revenue; amending ss. 161.101 and 366.055, 6 F.S.; providing that the Governor, rather than 7 the Governor and Cabinet, shall have 8 responsibility for declaration of a shoreline 9 emergency and declaration of an energy 10 emergency; amending s. 339.135, F.S.; removing 11 responsibilities of the Administration 12 Commission with respect to approval of proposed 13 amendments by the Department of Transportation 14 to an adopted work program when objection has 15 been made thereto; amending s. 945.6035, F.S.; 16 providing for appeals to the Governor, rather 17 than the Administration Commission, for 18 resolution of disputes between the Department 19 of Corrections and the Correctional Medical 20 Authority; providing effective dates. 21 22 WHEREAS, the Citizens Commission on Cabinet Reform was 23 established by resolution of the Governor and Cabinet to 24 review the hundreds of statutory responsibilities now assigned 25 to the Governor and Cabinet and to determine whether 26 modifications were needed, and 27 WHEREAS, the Commission, led by its Chair, Honorable 28 Reubin O'D. Askew, and Vice Chair, Honorable Bob Martinez, 29 presented a Final Report to the Governor and Cabinet on 30 December 12, 1995, and 31 4 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 WHEREAS, the Commission determined that certain 2 administrative responsibilities now assigned to the Governor 3 and Cabinet could be transferred or eliminated so that the 4 Governor and Cabinet could focus on important questions of 5 statewide policy, and 6 WHEREAS, the transfer or elimination of such duties 7 would enhance governmental accountability and efficiency, NOW, 8 THEREFORE, 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsections (1) and (5) of section 20.21, 13 Florida Statutes, as amended by section 16 of chapter 95-272, 14 Laws of Florida, are amended to read: 15 20.21 Department of Revenue.--There is created a 16 Department of Revenue. 17 (1) The head of the Department of Revenue is the 18 Secretary of Revenue Governor and Cabinet. The secretary 19 shall be appointed by the Governor, subject to confirmation by 20 the Senate. The secretary shall serve at the pleasure of the 21 Governor. 22 (5) The position of taxpayers' rights advocate is 23 created within the Department of Revenue. The taxpayers' 24 rights advocate shall be appointed by and report to the 25 secretary executive director of the department. The 26 responsibilities of the taxpayers' rights advocate include, 27 but are not limited to, the following: 28 (a) Facilitating the resolution of taxpayer complaints 29 and problems which have not been resolved through normal 30 administrative channels within the department, including any 31 5 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 taxpayer complaints regarding unsatisfactory treatment of 2 taxpayers by employees of the department. 3 (b) Issuing a stay action on behalf of a taxpayer who 4 has suffered or is about to suffer irreparable loss as a 5 result of action by the department. 6 Section 2. Subsection (1) of section 20.37, Florida 7 Statutes, is amended to read: 8 20.37 Department of Veterans' Affairs.--There is 9 created a Department of Veterans' Affairs. 10 (1) The head of the department is the Secretary of 11 Veterans' Affairs Governor and Cabinet. The secretary 12 executive director of the department shall be appointed by the 13 Governor, with the approval of three members of the Cabinet 14 and subject to confirmation by the Senate. The secretary 15 executive director shall serve at the pleasure of the Governor 16 and Cabinet. 17 Section 3. The Division of Statutory Revision of the 18 Joint Legislative Management Committee is directed to conform 19 provisions of the Florida Statutes to reflect the changes made 20 by this act relating to the heads of the Department of Revenue 21 and the Department of Veterans' Affairs. The division shall 22 prepare reviser's bills to implement this section in 23 consultation with the appropriate committees of the 24 Legislature. 25 Section 4. The Department of Highway Safety and Motor 26 Vehicles is abolished. 27 (1) All statutory powers, duties, functions, records, 28 personnel, property, and unexpended balances of 29 appropriations, allocations, or other funds of the Division of 30 Motor Vehicles and the Division of Driver Licenses of the 31 department, and all existing authority and actions of those 6 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 divisions, including, but not limited to, all pending and 2 completed actions on orders and rules, all enforcement 3 matters, and delegations, interagency agreements, and 4 contracts with federal, state, regional, and local governments 5 and private entities, are transferred to the Department of 6 State. 7 (2) All statutory powers, duties, functions, records, 8 personnel, property, and unexpended balances of 9 appropriations, allocations, or other funds of the Florida 10 Highway Patrol of the department, and all existing legal 11 authorities and actions of the Florida Highway Patrol, 12 including, but not limited to, all pending and completed 13 action on orders and rules, all enforcement matters, and all 14 delegations, interagency agreements, and contracts with 15 federal, state, regional, and local governments and private 16 entities are transferred to the Department of Highway Safety. 17 Those positions primarily supporting the Division of the 18 Florida Highway Patrol within the Department of Highway Safety 19 and Motor Vehicles are hereby transferred to the Department of 20 Highway Safety. 21 (3) The Governor is hereby granted the specific 22 authority to shift positions, consistent with the notice and 23 review requirements of s. 216.177, Florida Statutes, between 24 the former Department of Highway Safety and Motor Vehicles now 25 located within the Department of State and the Department of 26 Highway Safety as created by this act to promote the efficient 27 and effective operation of both departments. 28 (4) The Department of State and the Department of 29 Highway Safety shall have the authority to enter into 30 interagency agreements with each other concerning any matter 31 affected by the transfer of the Department of Highway Safety 7 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 and Motor Vehicles to the Department of State and the creation 2 of the Department of Highway Safety to promote the efficient 3 and effective operation of both departments. 4 (5) Those trust funds or portions of trust funds which 5 were used to fund the operation of the Division of the Florida 6 Highway Patrol within the Department of Highway Safety and 7 Motor Vehicles are transferred to the Administration Trust 8 Fund of the Department of Highway Safety. 9 Section 5. Paragraphs (h) and (i) are added to 10 subsection (2) of section 20.10, Florida Statutes, and 11 subsection (3) is added to said section, to read: 12 20.10 Department of State.--There is created a 13 Department of State. 14 (2) The following divisions of the Department of State 15 are established: 16 (h) Division of Driver Licenses. 17 (i) Division of Motor Vehicles. 18 (3) Driver license information obtained by the 19 Department of State shall be available on a priority basis to 20 the Department of Highway Safety for any purposes necessary to 21 carry out the responsibilities of the Department of Highway 22 Safety. 23 Section 6. Section 20.24, Florida Statutes, is hereby 24 repealed. 25 Section 7. Section 20.241, Florida Statutes, is 26 created to read: 27 20.241 Department of Highway Safety.--There is created 28 a Department of Highway Safety. 29 (1) The head of the department is the Secretary of 30 Highway Safety. The secretary shall be appointed by the 31 Governor with the approval of three members of the Cabinet, 8 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 subject to confirmation by the Senate. The secretary shall 2 serve at the pleasure of the Governor. 3 (2) The following divisions of the Department of 4 Highway Safety are established: 5 (a) Division of Administration. 6 (b) Division of the Florida Highway Patrol. 7 (3) Bureaus may be established as deemed necessary to 8 promote efficient and effective operation of the department, 9 pursuant to s. 20.04. 10 Section 8. The Division of Statutory Revision of the 11 Joint Legislative Management Committee is directed to conform 12 provisions of the Florida Statutes to reflect the abolition of 13 the Department of Highway Safety and Motor Vehicles, creation 14 of the Department of Highway Safety, and transfer of the 15 Florida Highway Patrol, Division of Motor Vehicles, and 16 Division of Driver Licenses by this act. The division shall 17 prepare a reviser's bill to implement this section in 18 consultation with the appropriate committees of the 19 Legislature. 20 Section 9. Subsection (1) of section 322.125, Florida 21 Statutes, 1996 Supplement, is amended to read: 22 322.125 Medical Advisory Board.-- 23 (1) There shall be a Medical Advisory Board 24 established within the Department of State to be composed of 25 not fewer than 12 or more than 25 members, at least one of 26 whom must be 60 years of age or older and all but one of whose 27 medical and other specialties must relate to driving 28 abilities, which number must include a doctor of medicine who 29 is employed by the Department of State Highway Safety and 30 Motor Vehicles in Tallahassee, who shall serve as 31 administrative officer for the board. The directors of the 9 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Division of Motor Vehicles and the Division of Driver Licenses 2 executive director of the Department of Highway Safety and 3 Motor Vehicles shall recommend persons to serve as board 4 members. Every member but two must be a doctor of medicine 5 licensed to practice medicine in this or any other state and 6 must be a member in good standing of the Florida Medical 7 Association or the Florida Osteopathic Association. One 8 member must be an optometrist licensed to practice optometry 9 in this state and must be a member in good standing of the 10 Florida Optometric Association. One member must be a 11 chiropractor licensed to practice chiropractic in this state. 12 Members shall be appointed approved by the Secretary of State 13 Cabinet and shall serve 4-year staggered terms. The board 14 membership must, to the maximum extent possible, consist of 15 equal representation of the disciplines of the medical 16 community treating the mental or physical disabilities that 17 could affect the safe operation of motor vehicles. 18 Section 10. Subsection (2) of section 20.32, Florida 19 Statutes, 1996 Supplement, is amended to read: 20 20.32 Parole Commission.-- 21 (2) All powers, duties, and functions relating to the 22 appointment of the Parole Commission as provided in s. 947.02 23 or s. 947.021 shall be exercised and performed by the Governor 24 and the Cabinet. Except as provided in s. 947.021, each 25 appointment shall be made from among the first three eligible 26 persons on the list of the persons eligible for said position. 27 Section 11. Section 947.02, Florida Statutes, 1996 28 Supplement, is amended to read: 29 947.02 Parole Commission; members, appointment.-- 30 (1) Except as provided in s. 947.021, the members of 31 the Parole Commission shall be appointed by the Governor and 10 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Cabinet from a list of eligible applicants submitted by a 2 parole qualifications committee. The appointments of members 3 of the commission shall be certified to the Senate by the 4 Governor and Cabinet for confirmation, and the membership of 5 the commission shall include representation from minority 6 persons as defined in s. 288.703. 7 (2) A parole qualifications committee shall consist of 8 five persons who are appointed by the Governor and Cabinet. 9 One member shall be designated as chairman by the Governor and 10 Cabinet. The committee shall provide for statewide 11 advertisement and the receiving of applications for any 12 position or positions on the commission and shall devise a 13 plan for the determination of the qualifications of the 14 applicants by investigations and comprehensive evaluations, 15 including, but not limited to, investigation and evaluation of 16 the character, habits, and philosophy of each applicant. Each 17 parole qualifications committee shall exist for 2 years. If 18 additional vacancies on the commission occur during this 19 2-year period, the committee may advertise and accept 20 additional applications; however, all previously submitted 21 applications shall be considered along with the new 22 applications according to the previously established plan for 23 the evaluation of the qualifications of applicants. 24 (3) Within 90 days before an anticipated vacancy by 25 expiration of term pursuant to s. 947.03 or upon any other 26 vacancy, the Governor and Cabinet shall appoint a parole 27 qualifications committee if one has not been appointed during 28 the previous 2 years. The committee shall consider 29 applications for the commission seat, including the 30 application of an incumbent commissioner if he applies, 31 according to the provisions of subsection (2). The committee 11 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 shall submit a list of three eligible applicants, which may 2 include the incumbent if the committee so decides, without 3 recommendation, to the Governor and Cabinet for appointment to 4 the commission. In the case of an unexpired term, the 5 appointment must be for the remainder of the unexpired term 6 and until a successor is appointed and qualified. If more than 7 one seat is vacant, the committee shall submit a list of 8 eligible applicants, without recommendation, containing a 9 number of names equal to three times the number of vacant 10 seats; however, the names submitted shall not be distinguished 11 by seat, and each submitted applicant shall be considered 12 eligible for each vacancy. 13 (4) Upon receiving a list of eligible persons from the 14 parole qualifications committee, the Governor and Cabinet may 15 reject the list. If the list is rejected, the committee shall 16 reinitiate the application and examination procedure according 17 to the provisions of subsection (2). 18 (5) The provisions of s. 120.525 and chapters 119 and 19 286 apply to all activities and proceedings of a parole 20 qualifications committee. 21 Section 12. Section 947.021, Florida Statutes, 1996 22 Supplement, is amended to read: 23 947.021 Parole Commission; expedited 24 appointments.--Whenever the Legislature decreases the 25 membership of the commission, all terms of office shall 26 expire, notwithstanding any law to the contrary. Under such 27 circumstances, the Governor and Cabinet shall expedite the 28 appointment of commissioners. Notwithstanding the parole 29 qualifications committee procedure in s. 947.02, members shall 30 be directly appointed by the Governor and Cabinet. Members 31 appointed to the commission may be selected from incumbents. 12 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Members shall be certified to the Senate by the Governor and 2 Cabinet for confirmation, and the membership of the commission 3 shall include representation from minority persons as defined 4 in s. 288.703. 5 Section 13. Section 947.03, Florida Statutes, 1996 6 Supplement, is amended to read: 7 947.03 Commissioners; tenure and removal.-- 8 (1) Unless otherwise provided by law, each 9 commissioner serving on July 1, 1983, shall be permitted to 10 remain in office until completion of his current term. Upon 11 the expiration of the term, a successor shall be appointed in 12 the manner prescribed pursuant to the provisions of this 13 section, unless otherwise provided by law. Members appointed 14 by the Governor and Cabinet shall be appointed for terms of 6 15 years, unless otherwise provided by law. No person is 16 eligible to be appointed for more than two consecutive 6-year 17 terms. 18 (2) Vacancies in the membership of the commission 19 shall be filled by the Governor and Cabinet for the unexpired 20 term in the manner provided for in s. 947.02. 21 (3) Each member appointed by the Governor and Cabinet 22 is accountable to the Governor and Cabinet for the proper 23 performance of the duties of his office. The Governor and 24 Cabinet may remove from office any such member for 25 malfeasance, misfeasance, neglect of duty, drunkenness, 26 incompetence, or permanent inability to perform official 27 duties or for pleading guilty or nolo contendere to, or being 28 found guilty of, a felony. All such removals shall be 29 submitted to the Senate for its consent as provided by the 30 constitution. 31 13 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Section 14. Subsection (1) of section 947.04, Florida 2 Statutes, 1996 Supplement, is amended to read: 3 947.04 Organization of commission; officers; 4 offices.-- 5 (1) Before July 1 of each even-numbered year, the 6 Governor and Cabinet shall select a chairman who shall serve 7 for a period of 2 years and until a successor is selected and 8 qualified. The Governor and Cabinet shall, at the same time 9 that a chairman is selected, select a vice chairman to serve 10 during the same 2-year period as the chairman, in the absence 11 of the chairman. The chairman may not succeed himself. The 12 chairman, as chief administrative officer of the commission, 13 has the authority and responsibility to plan, direct, 14 coordinate, and execute the powers, duties, and 15 responsibilities assigned to the commission, except those of 16 granting and revoking parole as provided for in this chapter. 17 Subject to approval by the Governor and the Cabinet, the 18 chairman may assign consenting retired commissioners or former 19 commissioners to temporary duty when there is a workload need. 20 Any such commissioner shall be paid $100 for each day or 21 portion of a day spent on the work of the commission and shall 22 be reimbursed for travel expenses as provided in s. 112.061. 23 The chairman is authorized to provide or disseminate 24 information relative to parole by means of documents, 25 seminars, programs, or otherwise as he determines necessary. 26 The chairman shall establish, execute, and be held accountable 27 for all administrative policy decisions. However, decisions to 28 grant or revoke parole shall be made in accordance with the 29 provisions of ss. 947.172, 947.174, and 947.23. The 30 commissioners shall be directly accountable to the chairman in 31 the execution of their duties as commissioners, and the 14 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 chairman has authority to recommend to the Governor suspension 2 of a commissioner who fails to perform the duties provided for 3 by statute. 4 Section 15. Subsection (4) of section 110.181, Florida 5 Statutes, is amended to read: 6 110.181 Florida State Employees' Charitable 7 Campaign.-- 8 (4) FLORIDA STATE EMPLOYEES' CHARITABLE CAMPAIGN 9 STEERING COMMITTEE.--A Florida State Employees' Charitable 10 Campaign steering committee shall be established with nine 11 seven members. The chair shall be appointed by the Governor 12 and each Cabinet officer shall appoint a member. appointed by 13 members of the administration commission, and Two members 14 shall be appointed by the secretary of the department from 15 among applications submitted from other agencies or 16 departments. The committee, whose members shall serve 17 staggered terms, shall meet at the call of the secretary. 18 Members shall serve without compensation, but shall be 19 entitled to receive reimbursement for travel and per diem 20 expenses as provided in s. 112.061. 21 Section 16. Paragraph (a) of subsection (2) of section 22 110.112, Florida Statutes, 1996 Supplement, is amended to 23 read: 24 110.112 Affirmative action; equal employment 25 opportunity.-- 26 (2)(a) The head of each executive agency shall develop 27 and implement an affirmative action plan in accordance with 28 rules adopted by the department and approved by a majority 29 vote of the Administration Commission before their adoption. 30 Section 17. Section 110.1225, Florida Statutes, is 31 amended to read: 15 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 110.1225 Furloughs.--When a deficit is projected by 2 the Revenue Estimating Conference pursuant to s. 216.136(3), 3 in any fund that supports salary and benefit appropriations to 4 an agency headed by the Governor or when such deficit is 5 projected in any fund or funds that support salary and benefit 6 appropriations to all agencies, the Governor Administration 7 Commission may propose a furlough plan to the Legislature, 8 which must approve or disapprove such plan. The plan must 9 identify all affected positions and ensure that all affected 10 employees are subject to the same reduction of hours for the 11 same number of pay periods with a commensurate reduction in 12 pay. In the case of a projected deficit which is limited to a 13 fund that supports salary and benefits within a single agency 14 headed by a Cabinet member, that member may propose a furlough 15 plan to the Legislature, which must approve or disapprove such 16 plan. 17 Section 18. Subsection (5) of section 110.161, Florida 18 Statutes, is amended to read: 19 110.161 State employees; pretax benefits program.-- 20 (5) The Department of Management Services shall 21 develop rules for the pretax benefits program, which shall 22 specify the benefits to be offered under the program, the 23 continuing tax-exempt status of the program, and any other 24 matters deemed necessary by the department to implement this 25 section. The rules must be approved by a majority vote of the 26 Administration Commission. 27 Section 19. Paragraph (m) of subsection (2) of section 28 110.205, Florida Statutes, 1996 Supplement, is amended to 29 read: 30 110.205 Career service; exemptions.-- 31 16 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 (2) EXEMPT POSITIONS.--The exempt positions which are 2 not covered by this part include the following, provided that 3 no position, except for positions established for a limited 4 period of time pursuant to paragraph (h), shall be exempted if 5 the position reports to a position in the career service: 6 (m)1. In addition to those positions exempted by other 7 paragraphs of this subsection, each department head may 8 designate a maximum of 20 policymaking or managerial 9 positions, as defined by the department and approved by the 10 Administration Commission, as being exempt from the Career 11 Service System. Career service employees who occupy a 12 position designated as a position in the Selected Exempt 13 Service under this paragraph shall have the right to remain in 14 the Career Service System by opting to serve in a position not 15 exempted by the employing agency. Unless otherwise fixed by 16 law, the department shall set the salary and benefits of these 17 positions in accordance with the rules of the Selected Exempt 18 Service; provided, however, that if the agency head determines 19 that the general counsel, chief Cabinet aide, public 20 information administrator or comparable position for a Cabinet 21 officer, inspector general, or legislative affairs director 22 has both policymaking and managerial responsibilities and if 23 the department determines that any such position has both 24 policymaking and managerial responsibilities, the salary and 25 benefits for each such position shall be established by the 26 department in accordance with the rules of the Senior 27 Management Service. 28 2. If otherwise exempt, employees of the Public 29 Employees Relations Commission, the Commission on Human 30 Relations, and the Unemployment Appeals Commission, upon the 31 certification of their respective commission heads, may be 17 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 provided for under this paragraph as members of the Senior 2 Management Service, if otherwise qualified. However, the 3 deputy general counsels of the Public Employees Relations 4 Commission shall be compensated as members of the Selected 5 Exempt Service. 6 Section 20. Paragraph (f) of subsection (2) and 7 subsection (3) of section 110.209, Florida Statutes, 1996 8 Supplement, are amended to read: 9 110.209 Pay plan.-- 10 (2) 11 (f) Any action taken by the department in regard to 12 the revision or establishment of a pay grade assignment which 13 affects a department headed by a Cabinet officer or by the 14 Governor and Cabinet may be reviewed and changed by the 15 Governor Administration Commission, and the department's 16 decision may be changed by a majority vote of the 17 Administration Commission. 18 (3) The department shall adopt any rules necessary to 19 implement the provisions of this section; however, such rules 20 shall be approved by the Administration Commission prior to 21 their adoption by the department. 22 Section 21. Subsection (5) of section 110.21, Florida 23 Statutes, 1996 Supplement, is amended to read: 24 110.21 Shared employment.--In order to promote 25 part-time career employment opportunities at all levels in the 26 career service, the department shall establish and maintain a 27 plan for shared employment applicable to all classes in the 28 career service and shall be responsible for the overall 29 review, coordination, and administration of the 30 shared-employment plan. 31 18 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 (5) The department shall adopt any rules necessary to 2 implement the provisions of this section; however, such rules 3 shall be approved by the Administration Commission prior to 4 their adoption by the department. 5 Section 22. Subsection (6) of section 110.211, Florida 6 Statutes, is amended to read: 7 110.211 Recruitment.-- 8 (6) The department shall develop model recruitment 9 rules which may be used by employing agencies. Such rules 10 must be approved by the Administration Commission before their 11 adoption by the department. Employing agencies electing to 12 adopt recruitment rules that are inconsistent with the model 13 rules must consult with and submit such rules to the 14 department for review and approval. Such rules must also be 15 approved by the Administration Commission before their 16 adoption by the employing agencies. 17 Section 23. Subsection (5) of section 110.219, Florida 18 Statutes, 1996 Supplement, is amended to read: 19 110.219 Attendance and leave; general policies.-- 20 (5) Rules shall be adopted by the department in 21 cooperation and consultation with the agencies to implement 22 the provisions of this section; however, such rules must be 23 approved by the Administration Commission prior to their 24 adoption. Such rules must provide for, but need not be limited 25 to: 26 (a) The maximum responsibility and authority resting 27 with each agency head to administer attendance and leave 28 matters in the agency within the parameters of the rules 29 adopted by the department. 30 (b) Creditable service in which 1 month of service 31 credit is awarded for each calendar month that the employee is 19 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 on the payroll of a state agency or during which the employee 2 is on authorized leave without pay. 3 (c) Holidays as provided in s. 110.117. 4 (d) Overtime provisions. 5 (e) Annual leave provisions. 6 (f) Sick leave provisions. 7 (g) Parental leave provisions. 8 (h) Family medical leave provisions. 9 (i) Disability leave provisions. 10 (j) Compulsory disability leave provisions. 11 (k) Administrative leave provisions. 12 (l) Military leave provisions. 13 (m) Educational leave with pay provisions. 14 (n) Leave of absence without pay provisions. 15 Section 24. Subsection (2) of section 112.175, Florida 16 Statutes, is amended to read: 17 112.175 Employee wages; withholding to repay 18 educational loan.-- 19 (2) The Department of Management Services 20 Administration Commission shall adopt rules to implement this 21 section, which shall include, but not be limited to, a 22 standard method of calculating amounts to be withheld from 23 employees who have failed to establish a repayment schedule 24 within the specified period of time or failed to meet the 25 terms and conditions of the agreed to or approved repayment 26 schedule provided for in this section. Such method shall 27 consider the following factors: 28 (a) The amount of the loan which remains outstanding; 29 (b) The income of the employee who owes such amount; 30 and 31 20 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 (c) Other factors such as the number of dependents 2 supported by the employee. 3 Section 25. Section 215.18, Florida Statutes, is 4 amended to read: 5 215.18 Transfers between funds; limitation.--Whenever 6 there exists in any fund provided for by s. 215.32 a 7 deficiency which would render such fund insufficient to meet 8 its just requirements, and there shall exist in the other 9 funds in the State Treasury moneys which are for the time 10 being or otherwise in excess of the amounts necessary to meet 11 the just requirements of such last-mentioned funds, the 12 Administration Commission, with the concurrence of the 13 Governor, may order a temporary transfer of moneys from one 14 fund to another in order to meet temporary deficiencies in a 15 particular fund without resorting to the necessity of 16 borrowing money and paying interest thereon. The fund from 17 which any money is temporarily transferred shall be repaid the 18 amount transferred from it not later than the end of the 19 fiscal year in which such transfer is made, the date of 20 repayment to be specified in the order of the Governor 21 Administration Commission. 22 Section 26. Paragraph (b) of subsection (2) of section 23 215.32, Florida Statutes, is amended to read: 24 215.32 State funds; segregation.-- 25 (2) The source and use of each of these funds shall be 26 as follows: 27 (b)1. The trust funds shall consist of moneys received 28 by the state which under law or under trust agreement are 29 segregated for a purpose authorized by law. The state agency 30 or branch of state government receiving or collecting such 31 moneys shall be responsible for their proper expenditure as 21 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 provided by law. Upon the request of the state agency or 2 branch of state government responsible for the administration 3 of the trust fund, the Comptroller may establish accounts 4 within the trust fund at a level deemed necessary for proper 5 accountability. Once an account is established within a trust 6 fund, the Comptroller shall authorize payment from that 7 account only upon determining that there is sufficient cash 8 and releases at the level of the account. 9 2. In order to maintain a minimum number of trust 10 funds in the State Treasury, each state agency or the judicial 11 branch may consolidate, if permitted under the terms and 12 conditions of their receipt, the trust funds administered by 13 it; provided, however, the agency or judicial branch employs 14 effectively a uniform system of accounts sufficient to 15 preserve the integrity of such trust funds; and provided, 16 further, that consolidation of trust funds is approved by the 17 Governor Administration Commission or the Chief Justice. 18 3. All such moneys are hereby appropriated to be 19 expended in accordance with the law or trust agreement under 20 which they were received, subject always to the provisions of 21 chapter 216 relating to the appropriation of funds and to the 22 applicable laws relating to the deposit or expenditure of 23 moneys in the State Treasury. 24 4.a. Notwithstanding any provision of law restricting 25 the use of trust funds to specific purposes, unappropriated 26 cash balances from selected trust funds may be authorized by 27 the Legislature for transfer to the Working Capital Fund in 28 the General Appropriations Act. 29 b. The provisions of this subparagraph shall not apply 30 to trust funds required by federal programs or mandates; trust 31 funds established for bond covenants, indentures, or 22 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 resolutions whose revenues are legally pledged by the state or 2 public body to meet debt service or other financial 3 requirements of any debt obligations of the state or any 4 public body; the State Transportation Trust Fund; the trust 5 fund containing the net annual proceeds from the Florida 6 Education Lotteries; the Florida Retirement Trust Fund; trust 7 funds under the management of the Board of Regents, where such 8 trust funds are for auxiliary enterprises, self-insurance, and 9 contracts, grants, and donations, as those terms are defined 10 by general law; trust funds that serve as clearing funds or 11 accounts for the Comptroller or state agencies; trust funds 12 that account for assets held by the state in a trustee 13 capacity as an agent or fiduciary for individuals, private 14 organizations, or other governmental units; and other trust 15 funds authorized by the State Constitution. 16 Section 27. Section 216.177, Florida Statutes, is 17 amended to read: 18 216.177 Appropriations acts, statement of intent, 19 violation, notice, review and objection procedures.-- 20 (1) As soon as practicable, but no later than the 10th 21 day before the end of the period allowed by law for veto 22 consideration in any year in which an appropriation is made, 23 the chairs of the legislative appropriations committees shall 24 jointly transmit: 25 (a) A statement of intent, including performance and 26 workload measures as appropriate; 27 (b) The official list of General Revenue Fund 28 appropriations determined in consultation with the Executive 29 Office of the Governor to be nonrecurring; and 30 (c) The documents set forth in s. 216.0442(2)(a) and 31 (c), 23 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 2 to the Executive Office of the Governor, the Comptroller, the 3 Auditor General, the Chief Justice of the Supreme Court, and 4 each state agency. The statement of intent constitutes a 5 manifestation of how the Legislature, in its considered 6 opinion as a representative of the people, thinks 7 appropriations should be spent. The statement of intent is 8 not a law and may not allocate or appropriate any funds, or 9 amend or correct any provision, in the General Appropriations 10 Act, but the statement of intent may provide additional 11 explanation to the Executive Office of the Governor, the 12 judicial branch, the Governor Administration Commission, and 13 each affected state agency relative to the purpose, 14 objectives, spending philosophy, and restrictions associated 15 with any specific appropriation. The statement of intent 16 shall compare the request of the agency or of the judicial 17 branch or the recommendation of the Governor to the funds 18 appropriated for the purpose of establishing intent in the 19 development of the approved operating budget. A request for 20 additional explanation and direction regarding the legislative 21 intent of the General Appropriations Act during the fiscal 22 year may be made only by and through the Executive Office of 23 the Governor for state agencies, and by and through the Chief 24 Justice of the Supreme Court for the judicial branch, as is 25 deemed necessary. However, the Comptroller may also request 26 further clarification of legislative intent pursuant to the 27 Comptroller's responsibilities related to his or her preaudit 28 function of expenditures. 29 (2)(a) Whenever notice of action to be taken by the 30 Executive Office of the Governor, the Chief Justice of the 31 Supreme Court, or the Governor commission is required by this 24 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 chapter, such notice shall be given to the chairs of the 2 legislative appropriations committees in writing, and shall be 3 delivered to both such chairs at least 14 consecutive days 4 prior to the action referred to, unless a shorter period is 5 approved in writing by both such chairs. Action shall not be 6 taken on any budget item for which this chapter requires 7 notice to the legislative appropriations committees without 8 such notice having been provided, even though there may be 9 good cause for considering such item. 10 (b) If the chairs of the legislative appropriations 11 committees or the President of the Senate and the Speaker of 12 the House of Representatives timely advise, in writing, the 13 Executive Office of the Governor, the Chief Justice of the 14 Supreme Court, or the Governor Administration Commission that 15 an action or a proposed action subject to the notice and 16 review requirements of this chapter exceeds the delegated 17 authority of the Executive Office of the Governor for the 18 executive branch, the Chief Justice for the judicial branch, 19 or the Governor Administration Commission, respectively, or is 20 contrary to legislative policy and intent, the Governor or, 21 the Chief Justice of the Supreme Court, or the Administration 22 Commission shall void such action and instruct the affected 23 state agency or entity of the judicial branch to change 24 immediately its spending action or spending proposal until the 25 Legislature addresses the issue. The written documentation 26 shall indicate the specific reasons that an action or proposed 27 action exceeds the delegated authority or is contrary to 28 legislative policy and intent. 29 (c) The House of Representatives and the Senate shall 30 provide by rule that any member of the House of 31 Representatives or Senate may request, in writing, of either 25 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 the President of the Senate or the Speaker of the House of 2 Representatives or the chair of the respective legislative 3 appropriations committee to initiate the procedures of 4 paragraph (b). 5 (3) The Legislature may annually specify any 6 incentives and disincentives for agencies operating programs 7 under performance-based program budgets pursuant to this 8 chapter in the General Appropriations Act or legislation 9 implementing the General Appropriations Act. 10 Section 28. Section 216.179, Florida Statutes, is 11 amended to read: 12 216.179 Reinstatement of vetoed appropriations by 13 administrative means prohibited.--After the Governor has 14 vetoed a specific appropriation for an agency or the judicial 15 branch, neither the Governor, the Administration Commission, 16 nor the Chief Justice of the Supreme Court, in their various 17 statutory and constitutional roles, may authorize expenditures 18 for or implementation in any manner of the programs that were 19 authorized by the vetoed appropriation. 20 Section 29. Subsections (1) and (2) and paragraph (b) 21 of subsection (4) of section 216.181, Florida Statutes, 1996 22 Supplement, are amended to read: 23 216.181 Approved budgets for operations and fixed 24 capital outlay.-- 25 (1) The General Appropriations Act and any other acts 26 containing appropriations shall be considered the original 27 approved operating budgets for operational and fixed capital 28 expenditures. Amendments to the approved operating budgets for 29 operational and fixed capital outlay expenditures from state 30 agencies may be requested only through the Executive Office of 31 the Governor and approved by the Governor or Administration 26 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Commission as provided in this chapter. Amendments from the 2 judicial branch may be requested only through, and approved 3 by, the Chief Justice of the Supreme Court. This includes 4 amendments which are necessary to implement the provisions of 5 s. 216.212 or s. 216.221. 6 (2) Amendments to the original approved operating 7 budgets for operational and fixed capital outlay expenditures 8 must comply with the following guidelines in order to be 9 approved by the Governor or Administration Commission as 10 provided in this chapter for the executive branch and the 11 Chief Justice for the judicial branch: 12 (a) The amendment must be consistent with legislative 13 policy and intent. 14 (b) The amendment may not initiate or commence a new 15 program, except as authorized by this chapter, or eliminate an 16 existing program. 17 (c) Except as authorized in s. 216.292 or other 18 provisions of this chapter, the amendment may not provide 19 funding or increased funding for items which were funded by 20 the Legislature in an amount less than that requested by the 21 agency or Governor in the legislative budget request or which 22 were vetoed by the Governor. 23 (d) For amendments that involve trust funds, there 24 must be adequate and appropriate revenues available in the 25 trust fund and the amendment must be consistent with the laws 26 authorizing such trust funds and the laws relating to the use 27 of the trust funds. However, a trust fund shall not be 28 increased in excess of the original approved budget, except as 29 provided in subsection (10). 30 (e) The amendment shall not conflict with any 31 provision of law. 27 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 (f) The amendment must not provide funding for any 2 issue which was requested by the agency or branch in their 3 legislative budget request and not funded in the General 4 Appropriations Act. 5 (g) The amendment must include a written description 6 of the purpose of the proposed change, an indication of why 7 interim budget action is necessary, and the intended recipient 8 of any funds for contracted services. 9 (h) The amendment must not provide general salary 10 increases which the Legislature has not authorized in the 11 General Appropriations Act or other laws. 12 (4) 13 (b) The Executive Office of the Governor may amend, 14 without approval of the Governor Administration Commission, 15 state agency budgets to reflect the transferred funds based on 16 the approved plans for lump-sum appropriations. 17 18 The Executive Office of the Governor shall transmit to each 19 state agency and the Comptroller, and the Chief Justice shall 20 transmit to each judicial branch component and the 21 Comptroller, any approved amendments to the approved operating 22 budgets. 23 Section 30. Subsection (2) of section 216.182, Florida 24 Statutes, is amended to read: 25 216.182 Approval of fixed capital outlay program 26 plan.-- 27 (2) Any department under the direct supervision of a 28 member of the Cabinet or of a board consisting of the Governor 29 and members of the Cabinet which contends that the 30 determination of the program plan by the Executive Office of 31 the Governor pursuant to subsection (1) is contrary to the 28 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 orderly implementation of legislative authorization shall have 2 the right to have the issue reviewed by the Governor 3 Administration Commission, which shall decide such issue by 4 majority vote. The appropriations committees of the 5 Legislature may advise the Governor Administration Commission 6 on the issue. 7 Section 31. Subsection (2) of section 216.192, Florida 8 Statutes, is amended to read: 9 216.192 Release of appropriations; revision of 10 budgets.-- 11 (2) Any department under the direct supervision of a 12 member of the Cabinet or of a board consisting of the Governor 13 and members of the Cabinet which contends that the plan for 14 releases of funds appropriated to it is contrary to the 15 approved operating budget shall have the right to have the 16 issue reviewed by the Governor, who Administration Commission 17 which shall decide such issue by majority vote. The 18 appropriations committees of the Legislature may advise the 19 Governor Administration Commission on the issue. 20 Section 32. Section 216.195, Florida Statutes, is 21 amended to read: 22 216.195 Impoundment of funds; restricted.--The 23 Executive Office of the Governor, the Chief Justice of the 24 Supreme Court, any member of the Cabinet, the Administration 25 Commission, or any state agency shall not impound any 26 appropriation except as necessary to avoid or eliminate a 27 deficit pursuant to the provisions of s. 216.221. The 28 provisions of this section are subject to the notice and 29 review procedures of s. 216.177. The Governor or either house 30 of the Legislature may seek judicial review of any action or 31 proposed action which violates the provisions of this section. 29 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Section 33. Paragraph (a) of subsection (5) and 2 subsection (7) of section 216.221, Florida Statutes, are 3 amended to read: 4 216.221 Appropriations as maximum appropriations; 5 adjustment of budgets to avoid or eliminate deficits.-- 6 (5)(a) If, in the opinion of the Governor, after 7 consultation with the Revenue Estimating Conference, a deficit 8 will occur in the General Revenue Fund, he or she shall so 9 certify to the commission and to the Chief Justice of the 10 Supreme Court. No more than 30 days after certifying that a 11 deficit will occur in the General Revenue Fund, the Governor 12 shall develop for the executive branch, and the Chief Justice 13 of the Supreme Court shall develop for the judicial branch, 14 and provide to the commission and to the Legislature plans of 15 action to eliminate the deficit. 16 (7) Deficits in the General Revenue Fund that do not 17 meet the amounts specified by subsection (6) shall be resolved 18 by the Governor commission for the executive branch and the 19 Chief Justice of the Supreme Court for the judicial branch. 20 The Governor commission and Chief Justice shall implement any 21 directions provided in the General Appropriations Act related 22 to eliminating deficits and to reduce agency and judicial 23 branch budgets, including the use of those legislative 24 appropriations voluntarily placed in reserve. In addition, 25 the Governor commission shall implement any directions in the 26 General Appropriations Act relating to the use of the Working 27 Capital Fund in deficit situations. When reducing state 28 agency or judicial branch budgets, the Governor commission or 29 the Chief Justice, respectively, shall use the guidelines 30 prescribed in subsection (5). The Executive Office of the 31 Governor for the Governor commission, and the Chief Justice 30 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 for the judicial branch, shall implement the deficit reduction 2 plans through amendments to the approved operating budgets in 3 accordance with s. 216.181. 4 Section 34. Subsection (2) of section 216.231, Florida 5 Statutes, is amended to read: 6 216.231 Release of certain classified 7 appropriations.-- 8 (2) The release of appropriated funds classified as 9 "deficiency" shall be approved only when a General Revenue 10 Fund appropriation for operations of a state agency or of the 11 judicial branch is inadequate because the workload or cost of 12 the operation exceeds that anticipated by the Legislature and 13 a determination has been made by the Governor commission that 14 the deficiency will result in an impairment of the activities 15 of an agency or of the judicial branch to the extent that the 16 agency is unable to carry out its program as provided by the 17 Legislature in the general appropriations acts. These funds 18 may not be used for creation of any new agency or program, for 19 increases of salary, or for the construction or equipping of 20 additional buildings. 21 Section 35. Subsection (1) of section 216.241, Florida 22 Statutes, is amended to read: 23 216.241 Initiation or commencement of new programs; 24 approval.-- 25 (1) A state agency or the judicial branch may not 26 initiate or commence any new program, including any new 27 federal program or initiative, or make changes in its current 28 programs, as provided for in the appropriations act, that 29 require additional financing unless funds have been 30 specifically appropriated by the Legislature or unless the 31 Governor commission or the Chief Justice of the Supreme Court 31 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 expressly approves such new program or changes. The Governor 2 commission and the Chief Justice shall give notice as provided 3 in s. 216.177 prior to approving such new program or changes. 4 Section 36. Paragraph (a) of subsection (2) of section 5 216.251, Florida Statutes, is amended to read: 6 216.251 Salary appropriations; limitations.-- 7 (2)(a) The salary for each position not specifically 8 indicated in the appropriations acts shall be as provided in 9 one of the following subparagraphs: 10 1. Within the classification and pay plans provided 11 for in chapter 110. 12 2. Within the classification and pay plans established 13 by the Board of Trustees for the Florida School for the Deaf 14 and the Blind of the Department of Education and approved by 15 the State Board of Education for academic and academic 16 administrative personnel. 17 3. Within the classification and pay plan approved and 18 administered by the Board of Regents for those positions in 19 the State University System. 20 4. Within the classification and pay plan approved by 21 the Senate, the House of Representatives, the Joint 22 Legislative Management Committee, or the Legislative Auditing 23 Committee, as the case may be, for employees of the 24 Legislature. 25 5. Within the approved classification and pay plan for 26 the judicial branch. 27 6. The salary of all positions not specifically 28 included in this subsection shall be set by the Governor 29 commission or by the Chief Justice for the judicial branch. 30 31 32 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Section 37. Paragraphs (a) and (b) of subsection (1) 2 of section 216.262, Florida Statutes, 1996 Supplement, are 3 amended to read: 4 216.262 Authorized positions.-- 5 (1)(a) Unless otherwise expressly provided by law, the 6 total number of authorized positions may not exceed the total 7 provided in the appropriations acts. In the event any state 8 agency or entity of the judicial branch finds that the number 9 of positions so provided is not sufficient to administer its 10 authorized programs, it may file an application with the 11 Executive Office of the Governor or the Chief Justice; and, if 12 the office or Chief Justice certifies that there are no 13 authorized positions available for addition, deletion, or 14 transfer within the agency as provided in paragraph (c) and 15 recommends an increase in the number of positions, the 16 Governor commission or the Chief Justice may, after a public 17 hearing, authorize an increase in the number of positions for 18 the following reasons only: 19 1. To implement or provide for continuing federal 20 grants or changes in grants not previously anticipated; 21 2. To meet emergencies pursuant to s. 252.36; 22 3. To satisfy new federal regulations or changes 23 therein; 24 4. To take advantage of opportunities to reduce 25 operating expenditures or to increase the revenues of the 26 state or local government; and 27 5. To authorize positions which were not fixed by the 28 Legislature through error in drafting the appropriations acts. 29 30 The provisions of this paragraph are subject to the notice and 31 review procedures set forth in s. 216.177. A copy of the 33 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 application, the certification, and the final authorization 2 shall be filed with the legislative appropriations committees 3 and with the Auditor General. 4 (b) The Governor Administration Commission and the 5 Chief Justice may, after a public hearing, delete supervisory 6 or managerial positions within a department and establish 7 direct service delivery positions in excess of the number of 8 supervisory or managerial positions deleted. The salary rate 9 for all positions authorized under this paragraph may not 10 exceed the salary rate for all positions deleted under this 11 paragraph. Positions affected by changes made under this 12 paragraph may be funded only from identical funding sources. 13 Section 38. Subsections (4) and (10) of section 14 216.292, Florida Statutes, 1996 Supplement, are amended to 15 read: 16 216.292 Appropriations nontransferable; exceptions.-- 17 (4)(a) Transfers of appropriations for operations from 18 the General Revenue Fund in excess of those provided in 19 subsection (3) but within a state agency or within the 20 judicial branch may be authorized by the Governor commission 21 for the executive branch and the Chief Justice for the 22 judicial branch, pursuant to the request of the agency filed 23 with the Executive Office of the Governor, or pursuant to the 24 request of an entity of the judicial branch filed with the 25 Chief Justice of the Supreme Court, if deemed necessary and in 26 the best interest of the state and consistent with legislative 27 policy and intent. The provisions of this paragraph are 28 subject to the notice, review, and objection procedures set 29 forth in s. 216.177. 30 (b) When an appropriation for a named fixed capital 31 outlay project is found to be in excess of that needed to 34 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 complete that project, at the request of the Executive Office 2 of the Governor for state agencies or the Chief Justice of the 3 Supreme Court for the judicial branch the excess may be 4 transferred, with the approval of the Governor commission or 5 the Chief Justice, to another project for which there has been 6 an appropriation in the same fiscal year from the same fund 7 and within the same department where a deficiency is found to 8 exist. Further, a fixed capital outlay project may not be 9 initiated without a specific legislative appropriation, nor 10 may the scope of a fixed capital outlay project be changed by 11 the transfer of funds. The provisions of this paragraph are 12 subject to the notice, review, and objection procedures set 13 forth in s. 216.177. 14 (10) Where any reorganization has been authorized by 15 the Legislature and the necessary adjustments of 16 appropriations and positions have not been provided in the 17 General Appropriations Act, the Governor Administration 18 Commission may approve, consistent with legislative policy and 19 intent, the necessary transfers to accomplish the purposes of 20 such reorganization within state agencies. The Chief Justice 21 of the Supreme Court may approve such transfers for the 22 judicial branch. 23 Section 39. Paragraph (e) of subsection (4) of section 24 240.513, Florida Statutes, is amended to read: 25 240.513 University of Florida; J. Hillis Miller Health 26 Center.-- 27 (4) 28 (e) In the event that the lease of the hospital 29 facilities to the nonprofit corporation is terminated for any 30 reason, the Board of Regents shall resume management and 31 operation of the hospital facilities. In such event, the 35 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 Governor Administration Commission is authorized to transfer 2 appropriate revenues generated from the operation of the 3 hospital facilities to the Board of Regents to pay the costs 4 and expenses of operating the hospital facility for the 5 remainder of the fiscal year in which such termination occurs. 6 Section 40. Paragraph (b) of subsection (1) of section 7 195.087, Florida Statutes, as amended by section 18 of chapter 8 95-272, Laws of Florida, is amended to read: 9 195.087 Property appraisers and tax collectors to 10 submit budgets to Department of Revenue.-- 11 (1) 12 (b) The Governor and Cabinet, sitting as the 13 Administration Commission, may hear appeals from the final 14 action of the Division of Ad Valorem Tax upon a written 15 request being filed by the property appraiser or the presiding 16 officer of the county commission no later than 15 days after 17 the conclusion of the hearing held pursuant to s. 18 200.065(2)(d). The Administration Commission may amend the 19 budget if it finds that any aspect of the budget is 20 unreasonable in light of the workload of the office of the 21 property appraiser in the county under review. The budget 22 request as approved by the division and as amended by the 23 commission shall become the operating budget of the property 24 appraiser for the ensuing fiscal year beginning October 1, 25 except that the budget so approved may subsequently be amended 26 under the same procedure. After final approval, the property 27 appraiser shall make no transfer of funds between accounts 28 without the written approval of the division. However, all 29 moneys received by property appraisers in complying with 30 chapter 119 shall be accounted for in the same manner as 31 provided for in s. 218.36, for moneys received as county fees 36 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 and commissions, and any such moneys may be used and expended 2 in the same manner and to the same extent as funds budgeted 3 for the office and no budget amendment shall be required. 4 Section 41. Paragraph (a) of subsection (1) of section 5 213.055, Florida Statutes, as amended by section 122 of 6 chapter 95-417, Laws of Florida, is amended to read: 7 213.055 Declared emergency; waiver or suspension of 8 specified revenue laws.--The following actions to waive or 9 suspend a revenue law may be implemented only when the 10 Governor has declared a state of emergency pursuant to s. 11 252.36. 12 (1)(a) The Governor and Cabinet may grant refunds of 13 state and local taxes on motor and diesel fuel donated during 14 a declared state of emergency for official emergency use in 15 cases in which the state solicits the donation. The refunds 16 may be implemented by a vote of the majority of the Governor 17 and Cabinet during a public meeting or by a majority jointly 18 signing a written order. 19 Section 42. Paragraph (b) of subsection (5) of section 20 336.025, Florida Statutes, 1996 Supplement, is amended to 21 read: 22 336.025 County transportation system; levy of local 23 option fuel tax on motor fuel and diesel fuel.-- 24 (5) 25 (b) Any dispute as to the determination by the county 26 of distribution proportions shall be resolved through an 27 appeal to the Governor Administration Commission in accordance 28 with procedures developed by the Executive Office of the 29 Governor commission. Pending final disposition of such 30 proceeding, the tax shall be collected pursuant to this 31 37 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 section, and such funds shall be held in escrow by the clerk 2 of the circuit court of the county until final disposition. 3 Section 43. Section 212.0599, Florida Statutes, 1996 4 Supplement, is amended to read: 5 212.0599 Rules which implement ch. 87-548.--Rules of 6 the Department of Revenue related to and in furtherance of the 7 orderly implementation of chapter 87-548, Laws of Florida, 8 shall not be subject to a s. 120.56(2) rule challenge or a s. 9 120.54(3)(c)2. drawout proceeding, but, once adopted, shall be 10 subject to a s. 120.56(3) invalidity challenge. Such rules 11 shall be adopted by the Governor and Cabinet and shall become 12 effective upon filing with the Department of State, 13 notwithstanding the provisions of s. 120.54(3)(e)6. 14 Section 44. Section 213.065, Florida Statutes, 1996 15 Supplement, is amended to read: 16 213.065 Rule adoption to implement ch. 89-171.--The 17 executive director of the Department of Revenue is hereby 18 authorized to adopt emergency rules pursuant to s. 120.54(4) 19 for purposes of implementing the applicable provisions of 20 chapter 89-171, Laws of Florida. Rules of the Department of 21 Revenue related to and in furtherance of the orderly 22 implementation of the applicable provisions of chapter 89-171, 23 Laws of Florida, shall not be subject to s. 120.54(3)(c)2. 24 drawout proceeding, but, once adopted, shall be subject to s. 25 120.56(3) invalidity challenge. Such rules shall be adopted by 26 the Governor and Cabinet and shall become effective upon 27 filing with the Department of State, notwithstanding the 28 provisions of s. 120.54(3)(e)6. 29 Section 45. Section 213.066, Florida Statutes, 1996 30 Supplement, is amended to read: 31 38 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 213.066 Rule adoption to implement ch. 92-319.--The 2 Legislature hereby finds that the failure to promptly 3 implement the provisions of chapter 92-319, Laws of Florida, 4 would present an immediate threat to the welfare of the state 5 because revenues needed for operation of the state would not 6 be collected. Therefore, the executive director of the 7 Department of Revenue is hereby authorized to adopt emergency 8 rules pursuant to s. 120.54(4) for purposes of implementing 9 chapter 92-319, Laws of Florida. Notwithstanding any other 10 provision of law, such emergency rules shall remain effective 11 for 6 months from the date of adoption. Other rules of the 12 Department of Revenue related to and in furtherance of the 13 orderly implementation of chapter 92-319, Laws of Florida, 14 shall not be subject to a rule challenge pursuant to s. 15 120.56(2) or a drawout proceeding pursuant to s. 16 120.54(3)(c)2., but, once adopted, shall be subject to an 17 invalidity challenge pursuant to s. 120.56(3). Such rules 18 shall be adopted by the Governor and Cabinet and shall become 19 effective upon filing with the Department of State, 20 notwithstanding the provisions of s. 120.54(3)(e)6. This 21 section shall take effect July 8, 1992. 22 Section 46. Subsection (13) of section 161.101, 23 Florida Statutes, 1996 Supplement, is amended to read: 24 161.101 State and local participation in authorized 25 projects and studies relating to beach management and erosion 26 control.-- 27 (13) The department may expend funds from the 28 Ecosystem Management and Restoration Trust Fund to alleviate 29 emergency conditions, upon a declaration, after a hearing, by 30 the Governor and Cabinet that a shoreline emergency of state 31 concern exists. Any expenditures made for this purpose shall 39 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 be pursuant to legislative appropriations or from amendments 2 to original approved operating budgets authorized pursuant to 3 s. 216.181. 4 Section 47. Paragraph (d) of subsection (7) of section 5 339.135, Florida Statutes, is amended to read: 6 339.135 Work program; legislative budget request; 7 definitions; preparation, adoption, execution, and 8 amendment.-- 9 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.-- 10 (d)1. Whenever the department proposes any amendment 11 to the adopted work program, which amendment is defined in 12 subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or 13 subparagraph (c)4., it shall submit the proposed amendment to 14 the Governor for approval and shall immediately notify the 15 chairs of the legislative appropriations committees, the 16 chairs of the legislative transportation committees, each 17 member of the Legislature who represents a district affected 18 by the proposed amendment, each metropolitan planning 19 organization affected by the proposed amendment, and each unit 20 of local government affected by the proposed amendment. Such 21 proposed amendment shall provide a complete justification of 22 the need for the proposed amendment. 23 2. The Governor shall not approve a proposed amendment 24 until 14 days following the notification required in 25 subparagraph 1. 26 3. If either of the chairs of the legislative 27 appropriations committees or the President of the Senate or 28 the Speaker of the House of Representatives objects in writing 29 to a proposed amendment within 14 days following notification 30 and specifies the reasons for such objection, the Governor 31 shall consider such objections in making a final determination 40 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 of approval or disapproval. disapprove the proposed amendment 2 or shall submit the proposed amendment to the Administration 3 Commission. The proposed amendment may be approved by the 4 Administration Commission by a two-thirds vote of the members 5 present with the Governor voting in the affirmative. In the 6 absence of approval by the commission, the proposed amendment 7 shall be automatically disapproved. 8 Section 48. Subsection (1) of section 366.055, Florida 9 Statutes, is amended to read: 10 366.055 Availability of, and payment for, energy 11 reserves.-- 12 (1) Energy reserves of all utilities in the Florida 13 energy grid shall be available at all times to ensure that 14 grid reliability and integrity are maintained. The commission 15 is authorized to take such action as is necessary to assure 16 compliance. However, prior commitments as to energy use: 17 (a) In interstate commerce, as approved by the Federal 18 Energy Regulatory Commission; 19 (b) Between one electric utility and another, which 20 have been approved by the Federal Energy Regulatory 21 Commission; or 22 (c) Between an electric utility which is a part of the 23 energy grid created herein and another energy grid 24 25 shall not be abridged or altered except during an energy 26 emergency as declared by the Governor and Cabinet. 27 Section 49. Section 945.6035, Florida Statutes, is 28 amended to read: 29 945.6035 Dispute resolution.-- 30 (1) The authority and the Assistant Secretary for 31 Health Services shall attempt to expeditiously resolve any 41 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 disputes arising between the authority and the department 2 regarding the physical and mental health care of inmates. 3 (2) If the authority and the Assistant Secretary for 4 Health Services are unable to resolve a dispute regarding 5 inmate physical or mental health care, the authority may 6 submit a written notice to the Assistant Secretary for Health 7 Services, setting forth each issue in controversy and the 8 position of the authority. The Assistant Secretary for Health 9 Services shall respond to the authority within 30 days after 10 receipt of such written notice. The authority shall place the 11 assistant secretary's response on the agenda of the next 12 regularly scheduled meeting of the authority. If the dispute 13 remains unresolved, the authority may submit a written report 14 to the secretary detailing the authority's objections. The 15 Assistant Secretary for Health Services shall submit a written 16 report setting forth his position to the secretary on the 17 issue or issues raised by the authority within 5 working days 18 after receipt of the submission by the authority. 19 (3) The secretary shall review any disputes between 20 the authority and the Assistant Secretary for Health Services, 21 and shall provide written notice to the authority of his 22 decision regarding such disputes within 40 days after the date 23 when the authority provides written notice of the dispute to 24 the secretary. 25 (4) If, at the end of the 40-day period, no resolution 26 has been reached, the authority is authorized to appeal to the 27 Governor Administration Commission for a review and resolution 28 of the dispute between the department and the authority. 29 (5) The authority, within 30 days after receiving 30 written notice of the action of the secretary or, if no 31 response is received, within 30 days after the secretary's 42 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 response is due pursuant to subsection (3), may file an appeal 2 by petition to the Governor Administration Commission, filed 3 with the Executive Office of the Governor Secretary of the 4 Administration Commission. The petition shall set forth the 5 issues in controversy between the authority and the 6 department, in the form and manner prescribed by the Executive 7 Office of the Governor Administration Commission, and shall 8 contain the reasons for the appeal. The department has 5 days 9 after delivery of a copy of any such petition to file its 10 reply with the Executive Office of the Governor Secretary of 11 the Administration Commission, and the department shall also 12 deliver a copy of its reply to the authority. 13 (6) The issues which may be raised by the authority on 14 appeal to the Governor Administration Commission are: 15 (a) Adoption or implementation by the department of a 16 health care standard which does not conform to the standard of 17 care generally accepted in the professional health community 18 at large. 19 (b) Failure of the department to comply with an 20 adopted health care standard. 21 (c) Failure to timely file a corrective action plan 22 regarding all deficiencies which are determined by the 23 authority to exist at an institution, as required pursuant to 24 s. 945.6031. 25 (d) Failure to implement a corrective action plan 26 filed pursuant to s. 945.6031. 27 (7) Within 30 days after receipt of a petition from 28 the authority, the Executive Office of the Governor Secretary 29 of the Administration Commission, or his designee, shall 30 conduct an informal hearing to consider the matters presented 31 in the petition and the reply, and after the informal hearing 43 CODING: Words stricken are deletions; words underlined are additions. HB 1867, Second Engrossed 1 shall promptly submit a report of the findings and 2 recommendations to the Governor Administration Commission. 3 Within 30 days after the informal hearing, the Governor 4 Administration Commission shall approve either the position of 5 the authority or that of the department. If the position of 6 the authority is approved, the Governor Administration 7 Commission shall set forth whatever remedial measures he or 8 she it deems appropriate and the department shall implement 9 such remedial measures. The decision of the Governor 10 Administration Commission is final and binding on the 11 authority and the department and shall not be subject to 12 appeal pursuant to s. 120.68. 13 Section 50. Except as otherwise provided herein, this 14 act shall take effect July 1, 1997. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 44