Senate Bill 0824
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Florida Senate - 1998 SB 824
By Senator Williams
4-650-98
1 A bill to be entitled
2 An act relating to state planning and
3 budgeting; amending s. 216.011, F.S.; defining
4 the terms "disincentive" and "incentive" for
5 purposes of budgeting and state fiscal affairs;
6 amending s. 216.0166, F.S.; revising guidelines
7 and requirements for state agencies to submit
8 performance-based budget requests; providing
9 for inclusion of incentives and disincentives
10 in budget documentation; amending s. 216.0172,
11 F.S.; revising the schedule for submission of
12 performance-based program budget legislative
13 budget requests; amending s. 216.0235, F.S.;
14 requiring additional information to be included
15 in program budget instructions; amending s.
16 216.031, F.S.; revising information to be
17 contained in legislative budget requests;
18 amending s. 216.163, F.S.; prescribing
19 additional incentives and disincentives that
20 may be included in the Governor's recommended
21 budget; amending s. 186.021, 186.022, F.S.;
22 revising requirements for state agency
23 strategic plans; amending s. 121.051, F.S.;
24 conforming a cross-reference to changes made by
25 the act; repealing s. 186.031, F.S., relating
26 to the annual report by the Governor in his
27 capacity as chief planning and budgeting
28 officer of the state; providing an effective
29 date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (1) of section 216.011, Florida
2 Statutes, is amended to read:
3 216.011 Definitions.--
4 (1) For the purpose of fiscal affairs of the state,
5 appropriations acts, legislative budgets, and approved
6 budgets, each of the following terms has the meaning
7 indicated:
8 (a) "Annual salary rate" means the salary estimated to
9 be paid or actually paid a position or positions on an
10 annualized basis. In calculating salary rate, a vacant
11 position shall be calculated at the minimum of the pay grade
12 for that position.
13 (b) "Appropriation" means a legal authorization to
14 make expenditures for specific purposes within the amounts
15 authorized in the appropriations act.
16 (c) "Appropriations act" means the authorization of
17 the Legislature, based upon legislative budgets or based upon
18 legislative findings of the necessity for an authorization
19 when no legislative budget is filed, for the expenditure of
20 amounts of money by an agency, the judicial branch, and the
21 legislative branch for stated purposes in the performance of
22 the functions it is authorized by law to perform.
23 (d) "Authorized position" means a position included in
24 an approved budget. In counting the number of authorized
25 positions, part-time positions shall be converted to full-time
26 equivalents.
27 (e) "Budget entity" means a unit or function at the
28 lowest level to which funds are specifically appropriated in
29 the appropriations act.
30 (f) "Consultation" means to deliberate and seek advice
31 in an open and forthright manner with the full committee, a
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1 subcommittee thereof, the chair, or the staff as deemed
2 appropriate by the chair of the respective appropriations
3 committee.
4 (g) "Continuing appropriation" means an appropriation
5 automatically renewed without further legislative action,
6 period after period, until altered or revoked by the
7 Legislature.
8 (h) "Data processing services" means electronic data
9 processing services provided by or to state agencies or the
10 judicial branch, which services include, but are not limited
11 to, systems design, software development, or time-sharing by
12 other governmental units or budget entities.
13 (i) "Disbursement" means the payment of an
14 expenditure.
15 (j) "Disincentive" means a mechanism, as described in
16 s. 216.163, for deterring agency failure to meet required
17 performance standards.
18 (k)(j) "Established position" means an authorized
19 position which has been classified in accordance with a
20 classification and pay plan as provided by law.
21 (l)(k) "Expenditure" means the creation or incurring
22 of a legal obligation to disburse money.
23 (m)(l) "Expense" means the usual, ordinary, and
24 incidental expenditures by an agency or the judicial branch,
25 including, but not limited to, such items as contractual
26 services, commodities, and supplies of a consumable nature,
27 current obligations, and fixed charges, and excluding
28 expenditures classified as operating capital outlay. Payments
29 to other funds or local, state, or federal agencies are
30 included in this budget classification of expenditures.
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1 (n)(m) "Fiscal year of the state" means a period of
2 time beginning July 1 and ending on the following June 30,
3 both dates inclusive.
4 (o)(n) "Fixed capital outlay" means real property
5 (land, buildings, including appurtenances, fixtures and fixed
6 equipment, structures, etc.), including additions,
7 replacements, major repairs, and renovations to real property
8 which materially extend its useful life or materially improve
9 or change its functional use and including furniture and
10 equipment necessary to furnish and operate a new or improved
11 facility, when appropriated by the Legislature in the fixed
12 capital outlay appropriation category.
13 (p)(o) "Full-time position" means a position
14 authorized for the entire normally established work period,
15 daily, weekly, monthly, or annually.
16 (q)(p) "Grants and aids" means contributions to units
17 of governments or nonprofit organizations to be used for one
18 or more specified purposes, activities, or facilities. Funds
19 appropriated under this category may be advanced.
20 (r) "Incentive" means a mechanism, as described in s.
21 216.163, for motivating agencies to achieve required
22 performance standards.
23 (s)(q) "Independent judgment" means an evaluation of
24 actual needs made separately and apart from the legislative
25 budget request of any other agency or of the judicial branch,
26 or any assessments by the Governor. Such evaluation shall not
27 be limited by revenue estimates of the Revenue Estimating
28 Conference.
29 (t)(r) "Judicial branch" means all officers,
30 employees, and offices of the Supreme Court, district courts
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1 of appeal, circuit courts, county courts, and the Judicial
2 Qualifications Commission.
3 (u)(s) "Legislative branch" means the various
4 officers, committees, and other units of the legislative
5 branch of state government.
6 (v)(t) "Legislative budget" means a request to the
7 Legislature, filed pursuant to s. 216.023, or supplemental
8 detailed requests filed with the Legislature, for the amounts
9 of money such agency or branch believes will be needed in the
10 performance of the functions that it is authorized, or which
11 it is requesting authorization by law, to perform.
12 (w)(u) "Lump-sum appropriation" means funds
13 appropriated to accomplish a specific activity or project
14 which must be transferred to one or more appropriation
15 categories for expenditure.
16 (x)(v) "Operating capital outlay" means equipment,
17 fixtures, and other tangible personal property of a
18 nonconsumable and nonexpendable nature, the value or cost of
19 which is $500 or more and the normal expected life of which is
20 1 year or more, and hardback-covered bound books that are
21 circulated to students or the general public, the value or
22 cost of which is $25 or more, and hardback-covered bound
23 books, the value or cost of which is $100 or more.
24 (y)(w) "Original approved budget" means the approved
25 plan of operation of an agency or of the judicial branch
26 consistent with the General Appropriations Act or special
27 appropriations acts.
28 (z)(x) "Other personal services" means the
29 compensation for services rendered by a person who is not a
30 regular or full-time employee filling an established position.
31 This definition includes, but is not limited to, services of
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1 temporary employees, student or graduate assistants, persons
2 on fellowships, part-time academic employees, board members,
3 and consultants and other services specifically budgeted by
4 each agency, or by the judicial branch, in this category.
5 1. In distinguishing between payments to be made from
6 salaries appropriations and other-personal-services
7 appropriations, those persons filling established positions
8 shall be paid from salaries appropriations and those persons
9 performing services for a state agency or for the judicial
10 branch, but who are not filling established positions, shall
11 be paid from other-personal-services appropriations.
12 2. It is further intended that those persons paid from
13 salaries appropriations shall be state officers or employees
14 and shall be eligible for membership in a state retirement
15 system and those paid from other-personal-services
16 appropriations shall not be eligible for such membership.
17 (aa)(y) "Part-time position" means a position
18 authorized for less than the entire normally established work
19 period, daily, weekly, monthly, or annually.
20 (bb)(z) "Pay plan" means a document which formally
21 describes the philosophy, methods, procedures, and salary
22 schedule for compensating employees for work performed.
23 (cc)(aa) "Perquisites" means those things, or the use
24 thereof, or services of a kind which confer on the officers or
25 employees receiving same some benefit that is in the nature of
26 additional compensation, or which reduces to some extent the
27 normal personal expenses of the officer or employee receiving
28 the same, and shall include, but not be limited to, such
29 things as quarters, subsistence, utilities, laundry services,
30 medical service, use of state-owned vehicles for other than
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1 state purposes, servants paid by the state, and other similar
2 things.
3 (dd)(bb) "Position" means the work, consisting of
4 duties and responsibilities, assigned to be performed by an
5 officer or employee.
6 (ee)(cc) "Position number" means the identification
7 number assigned to an established position.
8 (ff)(dd) "Program component" means an aggregation of
9 generally related objectives which, because of their special
10 character, related workload, and interrelated output, can
11 logically be considered an entity for purposes of
12 organization, management, accounting, reporting, and
13 budgeting.
14 (gg)(ee) "Proviso" means language that qualifies or
15 restricts a specific appropriation and which can be logically
16 and directly related to the specific appropriation.
17 (hh)(ff) "Reclassification" means changing an
18 established position in one class in a series to the next
19 higher or lower class in the same series or to a class in a
20 different series which is the result of a natural change in
21 the duties and responsibilities of the position.
22 (ii)(gg) "Revolving fund" means a cash fund maintained
23 within or outside of the State Treasury and established from
24 an appropriation, to be used by an agency or the judicial
25 branch in making authorized expenditures.
26 (jj)(hh) "Salary" means the cash compensation for
27 services rendered for a specific period of time.
28 (kk)(ii) "Salary schedule" means an official document
29 which contains a complete list of classes and their assigned
30 salary ranges.
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1 (ll)(jj) "Special category" means amounts appropriated
2 for a specific need or classification of expenditures.
3 (mm)(kk) "State agency" or "agency" means any
4 official, officer, commission, board, authority, council,
5 committee, or department of the executive branch of state
6 government. For purposes of this chapter and chapter 215,
7 "state agency" or "agency" includes state attorneys, public
8 defenders, the Capital Collateral Representative, and the
9 Justice Administrative Commission.
10 (nn)(ll) "State revenue sharing" means statutory or
11 constitutional distributions to local units of government.
12 (oo)(mm) "Title of position," or "class of positions"
13 means the official name assigned to a position or class of
14 positions.
15 (pp)(nn) "Grants and Aids to Local Governments and
16 Nonprofit Organizations-Fixed Capital Outlay" means that
17 appropriation category which includes:
18 1. Grants to local units of governments and nonprofit
19 organizations for the acquisition of real property (land,
20 buildings, including appurtenances, fixtures and fixed
21 equipment, structures, etc.); additions, replacements, major
22 repairs, and renovations to real property which materially
23 extend its useful life or materially improve or change its
24 functional use; and operating capital outlay necessary to
25 furnish and operate a new or improved facility; and
26 2. Grants to local units of government for their
27 respective infrastructure and growth management needs related
28 to local government comprehensive plans.
29
30 Funds appropriated under this category may be advanced in part
31 or in whole.
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1 (qq)(oo) "Baseline data" means indicators of a state
2 agency's current performance level, pursuant to guidelines
3 established by the Executive Office of the Governor, in
4 consultation with legislative appropriations and appropriate
5 substantive committees.
6 (rr)(pp) "Outcome" means an indicator of the actual
7 impact or public benefit of a program.
8 (ss)(qq) "Output" means the actual service or product
9 delivered by a state agency.
10 (tt)(rr) "Performance-based program budget" means a
11 budget that incorporates approved programs and performance
12 measures.
13 (uu)(ss) "Performance measure" means a quantitative or
14 qualitative indicator used to assess state agency performance.
15 (vv)(tt) "Program" means a set of activities
16 undertaken in accordance with a plan of action organized to
17 realize identifiable goals and objectives based on legislative
18 authorization.
19 (ww)(uu) "Standard" means the level of performance of
20 an outcome or output.
21 Section 2. Section 216.0166, Florida Statutes, is
22 amended to read:
23 216.0166 Submission by state agencies of
24 performance-based budget requests, programs, and performance
25 measures.--
26 (1) Prior to November 1 October 15 of the fiscal year
27 prior to in which a state agency is required to submit a
28 performance-based program budget request pursuant to s.
29 216.0172, such state agency shall identify and submit to the
30 Executive Office of the Governor a list of proposed state
31 agency programs and performance measures. The agency may also
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1 provide a list of statutes or rules affecting its performance
2 which may be addressed as incentives or disincentives for the
3 performance-based program budget. The list should be
4 accompanied by recommended legislation to implement the
5 requested changes for potential incentives. Such
6 identification shall be conducted after discussion with
7 legislative appropriations and appropriate substantive
8 committees and the Office of Program Policy Analysis and
9 Government Accountability and shall be approved by the
10 Executive Office of the Governor. State agencies selected by
11 the Governor pursuant to s. 216.0172(1) shall submit such
12 lists prior to May 15, 1994. The Executive Office of the
13 Governor, after discussion with legislative appropriations and
14 appropriate substantive committees and the Office of Program
15 Policy Analysis and Government Accountability, shall review
16 the list of programs and performance measures, may make any
17 changes or require the agency to resubmit the list, and shall
18 make a final recommendation of programs and associated
19 performance measures to the Legislature approve or disapprove
20 a list within 60 30 days after of receipt, to be used in the
21 preparation and submission of the state agency's final
22 legislative budget request pursuant to s. 216.023(5). After
23 discussion with legislative appropriations and substantive
24 committees, the Executive Office of the Governor may also
25 recommend legislation to implement any or all of the proposed
26 incentives. Agencies continuing under performance-based
27 program budgeting may provide as part of their legislative
28 budget request a list of statutes or rules affecting their
29 program performance which may be addressed as incentives or
30 disincentives for the performance-based program budget. The
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1 Executive Office of the Governor shall provide the approved
2 program list to the Legislature.
3 (2) The following documentation shall accompany the
4 list of proposed programs and measures submitted by the state
5 agency:
6 (a) The constitutional or statutory direction and
7 authority for each program.
8 (b) Identification of the customers, clients, and
9 users of each program.
10 (c) The purpose of each program or the benefit derived
11 by the customers, clients, and users of the program.
12 (d) Direct and indirect costs of each program.
13 (e) Information on fees collected and the adequacy of
14 those fees in funding each program for which the fees are
15 collected.
16 (e)(f) An assessment of whether each program is
17 conducive to performance-based program budgeting.
18 (f)(g) An assessment of the time needed to develop
19 meaningful performance measures for each program.
20 (g)(f) Any proposed legislation necessary to implement
21 the incentives or disincentives requested pursuant to this
22 subsection.
23 (h)(g) A comparison of the agency's existing budget
24 structure to the proposed budget structure.
25 (i)(h) A description of the use of performance
26 measures in agency decisionmaking, agency actions to allocate
27 funds and manage programs, and the agency strategic plan.
28 (3) The Executive Office of the Governor, after
29 discussion with legislative appropriations committees,
30 appropriate substantive committees, and the Legislative
31 Auditing Committee, shall jointly develop instructions for the
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1 development of performance measures for each program on the
2 list approved pursuant to this section and shall submit such
3 instructions to the state agencies prior to December 1 of the
4 fiscal year preceding the year in which a state agency is
5 required to submit a performance-based program budget request
6 pursuant to s. 216.0172.
7 (4) Prior to June 1, each state agency is required to
8 submit to the executive Office of the Governor performance
9 measures for each program on the approved list required
10 pursuant to subsection (1). State agencies shall also identify
11 (j)(i) The outputs produced by each approved program,
12 the outcomes resulting from each approved program, and
13 baseline data associated with each performance measure.
14 Performance measures shall be reviewed, after discussion with
15 legislative appropriations and appropriate substantive
16 committees and the Office of Program Policy Analysis and
17 Government Accountability, revised as necessary, and approved
18 or disapproved by the Executive Office of the Governor within
19 30 days of receipt. For those state agencies selected by the
20 Governor pursuant to s. 216.0172(1), performance measures,
21 outputs, outcomes, and baseline data shall be submitted prior
22 to July 1, 1994.
23 (3)(5) Notwithstanding the programs, performance
24 measures, and standards requested in each state agency's final
25 legislative budget request or the Governor's budget
26 recommendations, the Legislature shall have final approval of
27 all programs, performance measures, and standards through the
28 General Appropriations Act or legislation implementing the
29 General Appropriations Act. It is the intent that the
30 Legislature approve programs and performance measures along
31 with any associated incentives or disincentives and
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1 implementing legislation before agency development of a
2 performance-based program budget legislative budget request.
3 Unless notice is provided by the Legislature before completion
4 of the official annual legislative session preceding the
5 agency's required submittal of a performance-based program
6 budget legislative budget request pursuant to s. 216.0172, the
7 agency shall use the programs and performance measures
8 approved by the Executive Office of the Governor and any
9 incentives or disincentives that do not require amendments to
10 the statutes and have been approved by the Executive Office of
11 the Governor when submitting its legislative budget request.
12 (4)(6) Each state agency in consultation with its
13 inspector general shall submit documentation to the Executive
14 Office of the Governor regarding the validity, reliability,
15 and appropriateness of each performance measure. In addition,
16 each state agency shall indicate how the performance measure
17 relates to its strategic plan and how it is used in management
18 decisionmaking and other agency processes.
19 (5)(7) Annually, no later than 45 days after the
20 General Appropriations Act becomes law, state agencies may
21 submit to the Executive Office of the Governor any adjustments
22 to their performance standards based on the amounts
23 appropriated for each program by the Legislature. When such
24 adjustment is made, all performance standards, including any
25 adjustments made, shall be submitted to and reviewed and
26 revised as necessary by the Executive Office of the Governor,
27 and, upon approval, submitted to the Legislature pursuant to
28 the review and approval process provided in s. 216.177. The
29 Executive Office of the Governor shall maintain the official
30 record of adjustments to the performance standards as part of
31 the agency's approved operating budget.
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1 (6)(8) A state agency operating under a
2 performance-based program budget pursuant to s. 216.0172 shall
3 not have the authority to amend or establish programs or
4 performance measures. However, a state agency may propose a
5 revision to the list of approved programs or performance
6 measures used in its legislative budget request. Such revision
7 is subject to review and approval by the Executive Office of
8 the Governor and the Legislature after consultation with the
9 Office of Program Policy Analysis and Government
10 Accountability and shall be submitted to the Executive Office
11 of the Governor prior to April 15 of the year in which the
12 state agency intends to incorporate these changes into its
13 legislative budget request. The Executive Office of the
14 Governor shall have 30 days to act on the proposed revisions.
15 Revised performance measures, standards, and baseline data
16 shall be submitted along with the preliminary legislative
17 budget request.
18 Section 3. Section 216.0172, Florida Statutes, is
19 amended to read:
20 216.0172 Schedule for submission of performance-based
21 program budgets.--In order to implement the provisions of
22 chapter 94-249, Laws of Florida, state agencies shall submit
23 performance-based program budget legislative budget requests
24 budgets for programs approved pursuant to s. 216.0166 to the
25 Executive Office of the Governor and the Legislature based on
26 the following schedule:
27 (1) By September 1, 1994, for the 1995-1996 fiscal
28 year, two state agencies selected by the Governor, subject to
29 the review and approval process pursuant to s. 216.177.
30 (2) By September 1, 1995, for the 1996-1997 fiscal
31 year:
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1 (a) Department of Education (Community Colleges).
2 (b) Department of Health and Rehabilitative Services
3 (Alcohol, Drug Abuse, Mental Health).
4 (c) Department of Labor and Employment Security.
5 (d) Department of Law Enforcement.
6 (e) Department of Management Services.
7 (f) Division of Retirement.
8 (3) By September 1, 1996, for the 1997-1998 fiscal
9 year, by the following:
10 (a) Agency for Health Care Administration.
11 (b) Department of Education (State University System).
12 (c) Game and Fresh Water Fish Commission.
13 (d) Department of Highway Safety and Motor Vehicles.
14 (e) Department of Revenue.
15 (f) Department of State.
16 (g) Department of Transportation.
17 (4) By September 1, 1997, for the 1998-1999 fiscal
18 year, by the following:
19 (a) Department of Banking and Finance.
20 (b) Department of Corrections.
21 (c) Department of Education (Public Schools).
22 (d) Department of Environmental Protection.
23 (e) Executive Office of the Governor.
24 (f) Department of Children and Family Health and
25 Rehabilitative Services.
26 (g) Department of Legal Affairs.
27 (h) Department of Juvenile Justice.
28 (5) By September 1, 1998, for the 1999-2000 fiscal
29 year, by the following:
30 (a) Department of Agriculture and Consumer Services.
31 (b) Department of Commerce.
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1 (b)(c) Department of Elderly Affairs.
2 (c) Department of Education.
3 (d) Department of the Lottery.
4 (e) Department of Military Affairs.
5 (6) By September 1, 1999, for the 2000-2001 fiscal
6 year, by the following:
7 (a) Division of Administrative Hearings.
8 (b) Department of Business and Professional
9 Regulation.
10 (c) Parole and Probation Commission.
11 (d) Public Service Commission.
12 (e) Department of Health.
13 (f) Department of the Lottery.
14 (g) Department of Military Affairs.
15 (7) By September 1, 2000, for the 2001-2002 fiscal
16 year, by the following:
17 (a) Department of Citrus.
18 (b) Department of Community Affairs.
19 (c) Department of Insurance.
20 (d) Department of Veterans' Affairs.
21 (e) State attorneys, public defenders, the Justice
22 Administrative Commission, and capital collateral counsel.
23 (8) The schedule set forth in subsections (2) through
24 (7) may be amended by the Legislative Auditing Committee, the
25 General Appropriations Act, or upon the recommendation of the
26 Governor, which recommendation is subject to the review and
27 approval process provided in s. 216.177.
28 (9) Beginning in fiscal year 1998-1999, all agencies
29 must complete implementation of performance-based program
30 budgeting, excluding administrative service functions, within
31 3 fiscal years after the initial fiscal year provided by the
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1 schedule set forth in this section, except as specifically
2 authorized by the Legislature. For any agency that fails to
3 complete performance-based program budgeting within this time,
4 the Executive Office of the Governor shall develop programs
5 and performance measures for the agency's programs after
6 discussion with legislative appropriations and substantive
7 committees and the Office of Program Policy Analysis and
8 Government Accountability.
9 Section 4. Subsection (3) of section 216.0235, Florida
10 Statutes, is amended to read:
11 216.0235 Performance-based legislative program budget
12 requests to be furnished by agencies.--
13 (3) The Executive Office of the Governor and the
14 legislative appropriations committees shall jointly develop
15 legislative program budget instructions from which each agency
16 that has an approved program and the judicial branch, pursuant
17 to ss. 216.0166 and 216.043, shall prepare its legislative
18 program budget request. The program budget instructions must
19 be consistent with s. 216.141 and must be transmitted to each
20 agency and to the judicial branch no later than June 15 of
21 each year. The budget instructions must also include
22 instructions for agencies in submitting performance measures
23 and standards as required by s. 216.0166. In the event that
24 agreement cannot be reached between the Executive Office of
25 the Governor and the legislative appropriations committees
26 regarding legislative program budget instructions, the issue
27 shall be resolved by the Governor, the President of the
28 Senate, and the Speaker of the House of Representatives.
29 Section 5. Subsection (11) of section 216.031, Florida
30 Statutes, is amended to read:
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1 216.031 Budgets for operational expenditures.--A
2 legislative budget request, reflecting the independent
3 judgment of the head of the state agency, and of the Chief
4 Justice of the Supreme Court, with respect to the needs of the
5 agency and the judicial branch for operational expenditures
6 during the next fiscal year, shall be submitted by each head
7 of a state agency and by the Chief Justice of the Supreme
8 Court and shall contain the following:
9 (11) The baseline data, outcome measures outcomes,
10 output performance measures, and standards for current
11 programs, including justification for those programs in the
12 format approved pursuant to s. 216.0166.
13
14 Either chair of a legislative appropriations committee, or the
15 Executive Office of the Governor for state agencies, may
16 require the agency or the Chief Justice to address major
17 issues separate from those outlined in s. 216.023, this
18 section, and s. 216.043 for inclusion in the requests of the
19 agency or of the judicial branch. The issues shall be
20 submitted to the agency no later than July 30 of each year and
21 shall be displayed in its requests as provided in the budget
22 instructions. The Executive Office of the Governor may
23 request an agency, or the chair of the appropriations
24 committees of the Senate or House of Representatives may
25 request any agency or the judicial branch, to submit no later
26 than September 15 of each year a budget plan with respect to
27 targets established by the Governor or either chair. The
28 target budget shall require each entity to establish an order
29 of priorities for its budget issues and may include requests
30 for multiple options for the budget issues. The target budget
31 may also require each entity to submit a program budget or a
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1 performance-based budget in the format prescribed by the
2 Executive Office of the Governor or either chair; provided,
3 however, the target budget format shall be compatible with the
4 planning and budgeting system requirements set out in s.
5 216.141. Such a request shall not influence the agencies' or
6 judicial branch's independent judgment in making legislative
7 budget requests, as required by law.
8 Section 6. Subsection (4) of section 216.163, Florida
9 Statutes, is amended to read:
10 216.163 Governor's recommended budget; form and
11 content; declaration of collective bargaining impasses.--
12 (4) The Executive Office of the Governor shall review
13 the evaluation report required by s. 216.031(10) and the
14 findings of the Office of Program Policy Analysis and
15 Government Accountability, to the extent they are available,
16 request any reports or additional analyses as necessary, and
17 submit a recommendation pursuant to paragraph (2)(g) which may
18 include a recommendation regarding incentives or disincentives
19 for agency performance. Incentives or disincentives may apply
20 to all or part of a state agency.
21 (a) Incentives may include, but are not limited to:
22 1. Additional flexibility in budget management, such
23 as, but not limited to, the use of lump sums or special
24 categories, consolidation of budget entities and program
25 components, consolidation of appropriation categories, and
26 increased agency transfer authority between appropriation
27 categories or budget entities.
28 2. Additional flexibility in salary rate and position
29 management.
30 3. Retention of up to 50 percent of all unexpended and
31 unencumbered balances of appropriations, excluding special
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1 categories and grants and aids, which may be used for
2 nonrecurring purposes including, but not limited to, lump-sum
3 bonuses, employee training, or productivity enhancements,
4 including technology and other improvements.
5 4. Additional funds to be used for, but not limited
6 to, lump-sum bonuses, employee training, or productivity
7 enhancements, including technology and other improvements.
8 5. Additional funds to be released to an agency
9 quarterly or incrementally contingent upon the accomplishment
10 of units of output or outcome specified in the General
11 Appropriations Act.
12 (b) Disincentives may include, but are not limited to:
13 1. Mandatory quarterly reports to the Executive Office
14 of the Governor and the Legislature on the agency's progress
15 in meeting performance standards.
16 2. Mandatory quarterly appearances before the
17 Legislature, the Governor, or the Governor and Cabinet to
18 report on the agency's progress in meeting performance
19 standards.
20 3. Elimination or restructuring of the program, which
21 may include, but not be limited to transfer of the program or
22 outsourcing all or a portion of the program.
23 4. Reduction of total positions for a program.
24 5. Restriction on or reduction of the spending
25 authority provided in s. 216.292(2)(c).
26 6. Reduction of managerial salaries.
27 7. Reduction of funds to an agency quarterly or
28 incrementally contingent upon the accomplishment of or failure
29 to accomplish units of output or outcome specified in the
30 General Appropriations Act.
31
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1 Section 7. Subsection (2) of section 186.022, Florida
2 Statutes, is amended to read:
3 186.022 State agency strategic plans; preparation,
4 form, and review.--
5 (2) Each agency strategic plan must be in a form and
6 manner prescribed in written instructions prepared by the
7 Executive Office of the Governor after consultation with the
8 President of the Senate and the Speaker of the House of
9 Representatives. Each agency strategic plan must identify the
10 specific legislative authority necessary to implement the
11 provisions of the plan. An agency may only implement those
12 portions of its strategic plan that are consistent with
13 existing statutory or constitutional authority and for which
14 funding, if needed, is available consistent with the
15 provisions of chapter 216. An agency's budget request
16 prescribed in s. 216.023(1) shall identify the financial
17 resources necessary to further the provisions of the agency's
18 strategic plan. State agency program performance measures, as
19 defined in s. 216.011, and requested by the agency pursuant to
20 s. 216.0166(1) and 216.0172 must be consistent with the
21 objectives in the draft agency strategic plan and shall
22 represent 1-year implementation efforts necessary to meet the
23 5-year agency strategic plan objectives. State agency
24 strategic plans shall be amended by the agency, as necessary,
25 to ensure consistency with the legislative actions prior to
26 the effective date of the agency strategic plan.
27 Section 8. Subsection (5) of section 186.021, Florida
28 Statutes, is repealed.
29 Section 9. Subsection (8) of section 121.051, Florida
30 Statutes, is amended to read:
31 121.051 Participation in the system.--
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1 (8) DIVISION OF REHABILITATION AND LIQUIDATION
2 EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
3 receivership employees of the Division of Rehabilitation and
4 Liquidation who are assigned to established positions and are
5 subject to established rules and regulations regarding
6 discipline, pay, classification, and time and attendance are
7 hereby declared to be state employees within the meaning of
8 this chapter and shall be compulsory members in compliance
9 with this chapter, the provisions of s. 216.011(1)(z)2. s.
10 216.011(1)(x)2., notwithstanding. Employment performed before
11 July 1, 1994, as such a receivership employee may be claimed
12 as creditable retirement service upon payment by the employee
13 or employer of contributions required in s. 121.081(1), as
14 applicable for the period claimed.
15 Section 10. Section 186.031, Florida Statutes, is
16 repealed.
17 Section 11. This act shall take effect upon becoming a
18 law.
19
20 *****************************************
21 SENATE SUMMARY
22 Revises various provisions relating to state budgeting,
generally providing for greater use of performance
23 measures and performance incentives and disincentives in
performance-based budgets and budget requests. Provides
24 for agencies and the Executive Office of the Governor to
request legislation to implement incentives and
25 disincentives. Revises the schedule for agencies to
submit performance-based program budgets. Repeals the
26 requirement that the Governor present an annual report in
his capacity as chief planning and budget officer of the
27 state.
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