Senate Bill 0824c2
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Florida Senate - 1998 CS for CS for SB 824
By the Committees on Rules and Calendar; Governmental Reform
and Oversight; and Senator Williams
305-2174-98
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," "incentive,"
5 "performance-based program appropriation," and
6 "performance ledger" for purposes of budgeting
7 and state fiscal affairs; amending s. 216.0166,
8 F.S.; revising guidelines and requirements for
9 state agencies in submitting performance-based
10 budget requests, programs, and performance
11 measures; amending s. 216.0172, F.S.; revising
12 the schedule for submission of
13 performance-based program budget legislative
14 budget requests; amending s. 216.0235, F.S.;
15 requiring that additional information be
16 included in program budget instructions;
17 amending s. 216.031, F.S.; revising information
18 to be contained in legislative budget requests;
19 amending s. 216.163, F.S.; prescribing
20 additional incentives and disincentives that
21 may be included in the Governor's recommended
22 budget; amending s. 216.167, F.S.; requiring
23 that the Governor's recommendations include a
24 financial schedule that provides information on
25 revenues in the Budget Stabilization Fund;
26 amending s. 216.178, F.S.; providing a date for
27 the final budget report; amending s. 216.292,
28 F.S.; providing an exception to nontransferable
29 appropriations; amending 186.022, F.S.;
30 revising requirements for state agency
31 strategic plans; amending s. 121.051, F.S.;
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1 conforming a cross-reference to changes made by
2 the act; amending s. 215.32, F.S.; including
3 the Budget Stabilization Fund in the list of
4 funds in which state moneys are deposited;
5 amending s. 216.221, F.S.; providing
6 legislative intent for use of the Budget
7 Stabilization Fund; amending s. 20.055, F.S.;
8 requiring inspectors general to review and
9 assess the validity of performance measures
10 prior to submission to the Executive Office of
11 the Governor; amending s. 252.37, F.S.;
12 providing legislative intent regarding the
13 order of recourse in use of state funds for
14 emergencies; repealing s. 186.021(5), F.S.,
15 relating to state agency strategic plans;
16 repealing s. 212.081(3), F.S., relating to
17 legislative intent; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (1) of section 216.011, Florida
23 Statutes, is amended to read:
24 216.011 Definitions.--
25 (1) For the purpose of fiscal affairs of the state,
26 appropriations acts, legislative budgets, and approved
27 budgets, each of the following terms has the meaning
28 indicated:
29 (a) "Annual salary rate" means the salary estimated to
30 be paid or actually paid a position or positions on an
31 annualized basis. In calculating salary rate, a vacant
2
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1 position shall be calculated at the minimum of the pay grade
2 for that position.
3 (b) "Appropriation" means a legal authorization to
4 make expenditures for specific purposes within the amounts
5 authorized in the appropriations act.
6 (c) "Appropriations act" means the authorization of
7 the Legislature, based upon legislative budgets or based upon
8 legislative findings of the necessity for an authorization
9 when no legislative budget is filed, for the expenditure of
10 amounts of money by an agency, the judicial branch, and the
11 legislative branch for stated purposes in the performance of
12 the functions it is authorized by law to perform.
13 (d) "Authorized position" means a position included in
14 an approved budget. In counting the number of authorized
15 positions, part-time positions shall be converted to full-time
16 equivalents.
17 (e) "Budget entity" means a unit or function at the
18 lowest level to which funds are specifically appropriated in
19 the appropriations act.
20 (f) "Consultation" means to deliberate and seek advice
21 in an open and forthright manner with the full committee, a
22 subcommittee thereof, the chair, or the staff as deemed
23 appropriate by the chair of the respective appropriations
24 committee.
25 (g) "Continuing appropriation" means an appropriation
26 automatically renewed without further legislative action,
27 period after period, until altered or revoked by the
28 Legislature.
29 (h) "Data processing services" means electronic data
30 processing services provided by or to state agencies or the
31 judicial branch, which services include, but are not limited
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1 to, systems design, software development, or time-sharing by
2 other governmental units or budget entities.
3 (i) "Disbursement" means the payment of an
4 expenditure.
5 (j) "Disincentive" means a sanction as described in s.
6 216.163.
7 (k)(j) "Established position" means an authorized
8 position which has been classified in accordance with a
9 classification and pay plan as provided by law.
10 (l)(k) "Expenditure" means the creation or incurring
11 of a legal obligation to disburse money.
12 (m)(l) "Expense" means the usual, ordinary, and
13 incidental expenditures by an agency or the judicial branch,
14 including, but not limited to, such items as contractual
15 services, commodities, and supplies of a consumable nature,
16 current obligations, and fixed charges, and excluding
17 expenditures classified as operating capital outlay. Payments
18 to other funds or local, state, or federal agencies are
19 included in this budget classification of expenditures.
20 (n)(m) "Fiscal year of the state" means a period of
21 time beginning July 1 and ending on the following June 30,
22 both dates inclusive.
23 (o)(n) "Fixed capital outlay" means real property
24 (land, buildings, including appurtenances, fixtures and fixed
25 equipment, structures, etc.), including additions,
26 replacements, major repairs, and renovations to real property
27 which materially extend its useful life or materially improve
28 or change its functional use and including furniture and
29 equipment necessary to furnish and operate a new or improved
30 facility, when appropriated by the Legislature in the fixed
31 capital outlay appropriation category.
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1 (p)(o) "Full-time position" means a position
2 authorized for the entire normally established work period,
3 daily, weekly, monthly, or annually.
4 (q)(p) "Grants and aids" means contributions to units
5 of governments or nonprofit organizations to be used for one
6 or more specified purposes, activities, or facilities. Funds
7 appropriated under this category may be advanced.
8 (r) "Incentive" means a mechanism, as described in s.
9 216.163, for recognizing the achievement of performance
10 standards or for motivating performance that exceeds
11 performance standards.
12 (s)(q) "Independent judgment" means an evaluation of
13 actual needs made separately and apart from the legislative
14 budget request of any other agency or of the judicial branch,
15 or any assessments by the Governor. Such evaluation shall not
16 be limited by revenue estimates of the Revenue Estimating
17 Conference.
18 (t)(r) "Judicial branch" means all officers,
19 employees, and offices of the Supreme Court, district courts
20 of appeal, circuit courts, county courts, and the Judicial
21 Qualifications Commission.
22 (u)(s) "Legislative branch" means the various
23 officers, committees, and other units of the legislative
24 branch of state government.
25 (v)(t) "Legislative budget" means a request to the
26 Legislature, filed pursuant to s. 216.023, or supplemental
27 detailed requests filed with the Legislature, for the amounts
28 of money such agency or branch believes will be needed in the
29 performance of the functions that it is authorized, or which
30 it is requesting authorization by law, to perform.
31
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1 (w)(u) "Lump-sum appropriation" means funds
2 appropriated to accomplish a specific activity or project
3 which must be transferred to one or more appropriation
4 categories for expenditure.
5 (x)(v) "Operating capital outlay" means equipment,
6 fixtures, and other tangible personal property of a
7 nonconsumable and nonexpendable nature, the value or cost of
8 which is $500 or more and the normal expected life of which is
9 1 year or more, and hardback-covered bound books that are
10 circulated to students or the general public, the value or
11 cost of which is $25 or more, and hardback-covered bound
12 books, the value or cost of which is $100 or more.
13 (y)(w) "Original approved budget" means the approved
14 plan of operation of an agency or of the judicial branch
15 consistent with the General Appropriations Act or special
16 appropriations acts.
17 (z)(x) "Other personal services" means the
18 compensation for services rendered by a person who is not a
19 regular or full-time employee filling an established position.
20 This definition includes, but is not limited to, services of
21 temporary employees, student or graduate assistants, persons
22 on fellowships, part-time academic employees, board members,
23 and consultants and other services specifically budgeted by
24 each agency, or by the judicial branch, in this category.
25 1. In distinguishing between payments to be made from
26 salaries appropriations and other-personal-services
27 appropriations, those persons filling established positions
28 shall be paid from salaries appropriations and those persons
29 performing services for a state agency or for the judicial
30 branch, but who are not filling established positions, shall
31 be paid from other-personal-services appropriations.
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1 2. It is further intended that those persons paid from
2 salaries appropriations shall be state officers or employees
3 and shall be eligible for membership in a state retirement
4 system and those paid from other-personal-services
5 appropriations shall not be eligible for such membership.
6 (aa)(y) "Part-time position" means a position
7 authorized for less than the entire normally established work
8 period, daily, weekly, monthly, or annually.
9 (bb)(z) "Pay plan" means a document which formally
10 describes the philosophy, methods, procedures, and salary
11 schedule for compensating employees for work performed.
12 (cc)(aa) "Perquisites" means those things, or the use
13 thereof, or services of a kind which confer on the officers or
14 employees receiving same some benefit that is in the nature of
15 additional compensation, or which reduces to some extent the
16 normal personal expenses of the officer or employee receiving
17 the same, and shall include, but not be limited to, such
18 things as quarters, subsistence, utilities, laundry services,
19 medical service, use of state-owned vehicles for other than
20 state purposes, servants paid by the state, and other similar
21 things.
22 (dd)(bb) "Position" means the work, consisting of
23 duties and responsibilities, assigned to be performed by an
24 officer or employee.
25 (ee)(cc) "Position number" means the identification
26 number assigned to an established position.
27 (ff)(dd) "Program component" means an aggregation of
28 generally related objectives which, because of their special
29 character, related workload, and interrelated output, can
30 logically be considered an entity for purposes of
31
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1 organization, management, accounting, reporting, and
2 budgeting.
3 (gg)(ee) "Proviso" means language that qualifies or
4 restricts a specific appropriation and which can be logically
5 and directly related to the specific appropriation.
6 (hh)(ff) "Reclassification" means changing an
7 established position in one class in a series to the next
8 higher or lower class in the same series or to a class in a
9 different series which is the result of a natural change in
10 the duties and responsibilities of the position.
11 (ii)(gg) "Revolving fund" means a cash fund maintained
12 within or outside of the State Treasury and established from
13 an appropriation, to be used by an agency or the judicial
14 branch in making authorized expenditures.
15 (jj)(hh) "Salary" means the cash compensation for
16 services rendered for a specific period of time.
17 (kk)(ii) "Salary schedule" means an official document
18 which contains a complete list of classes and their assigned
19 salary ranges.
20 (ll)(jj) "Special category" means amounts appropriated
21 for a specific need or classification of expenditures.
22 (mm)(kk) "State agency" or "agency" means any
23 official, officer, commission, board, authority, council,
24 committee, or department of the executive branch of state
25 government. For purposes of this chapter and chapter 215,
26 "state agency" or "agency" includes state attorneys, public
27 defenders, the Capital Collateral Representative, and the
28 Justice Administrative Commission.
29 (nn)(ll) "State revenue sharing" means statutory or
30 constitutional distributions to local units of government.
31
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1 (oo)(mm) "Title of position," or "class of positions"
2 means the official name assigned to a position or class of
3 positions.
4 (pp)(nn) "Grants and Aids to Local Governments and
5 Nonprofit Organizations-Fixed Capital Outlay" means that
6 appropriation category which includes:
7 1. Grants to local units of governments and nonprofit
8 organizations for the acquisition of real property (land,
9 buildings, including appurtenances, fixtures and fixed
10 equipment, structures, etc.); additions, replacements, major
11 repairs, and renovations to real property which materially
12 extend its useful life or materially improve or change its
13 functional use; and operating capital outlay necessary to
14 furnish and operate a new or improved facility; and
15 2. Grants to local units of government for their
16 respective infrastructure and growth management needs related
17 to local government comprehensive plans.
18
19 Funds appropriated under this category may be advanced in part
20 or in whole.
21 (qq)(oo) "Baseline data" means indicators of a state
22 agency's current performance level, pursuant to guidelines
23 established by the Executive Office of the Governor, in
24 consultation with legislative appropriations and appropriate
25 substantive committees.
26 (rr)(pp) "Outcome" means an indicator of the actual
27 impact or public benefit of a program.
28 (ss)(qq) "Output" means the actual service or product
29 delivered by a state agency.
30
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1 (tt)(rr) "Performance-based program budget" means a
2 budget that incorporates approved programs and performance
3 measures.
4 (uu)(ss) "Performance measure" means a quantitative or
5 qualitative indicator used to assess state agency performance.
6 (vv)(tt) "Program" means a set of activities
7 undertaken in accordance with a plan of action organized to
8 realize identifiable goals and objectives based on legislative
9 authorization.
10 (ww)(uu) "Standard" means the level of performance of
11 an outcome or output.
12 (xx) "Performance-based program appropriation" means
13 funds appropriated for a specific set of activities or
14 classification of expenditure within an approved
15 performance-based program.
16 (yy) "Performance ledger" means the official
17 compilation of information about state agency
18 performance-based programs and measures, including approved
19 programs, approved outputs and outcomes, baseline data,
20 approved standards for each performance measure and any
21 approved adjustments thereto, as well as actual agency
22 performance for each measure.
23 Section 2. Section 216.0166, Florida Statutes, is
24 amended to read:
25 216.0166 Submission by state agencies of
26 performance-based budget requests, programs, and performance
27 measures.--
28 (1) Prior to September 1 October 15 of the fiscal year
29 prior to in which a state agency is required to submit a
30 performance-based program budget request pursuant to s.
31 216.0172, such state agency shall identify and submit to the
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1 Executive Office of the Governor a list of proposed state
2 agency programs and performance measures. The agency may also
3 provide a list of statutes or rules affecting its performance
4 which may be addressed as incentives or disincentives for the
5 performance-based program budget. The list should be
6 accompanied by recommended legislation to implement the
7 requested changes for potential incentives. Such
8 identification shall be conducted after discussion with
9 legislative appropriations and appropriate substantive
10 committees and shall be approved by the Executive Office of
11 the Governor. State agencies selected by the Governor pursuant
12 to s. 216.0172(1) shall submit such lists prior to May 15,
13 1994. The Executive Office of the Governor, after discussion
14 with legislative appropriations and appropriate substantive
15 committees and the Office of Program Policy Analysis and
16 Government Accountability, shall review the list of programs
17 and performance measures, may make any changes or require the
18 agency to resubmit the list, and shall make a final
19 recommendation of programs and associated performance measures
20 to the Legislature approve or disapprove a list within 60 30
21 days after of receipt, to be used in the preparation and
22 submission of the state agency's final legislative budget
23 request pursuant to s. 216.023(5). The Executive Office of the
24 Governor may also recommend legislation to implement any or
25 all of the proposed incentives. Agencies continuing under
26 performance-based program budgeting may provide as part of
27 their legislative budget request a list of statutes or rules
28 affecting their program performance which may be addressed as
29 incentives or disincentives for the performance-based program
30 budget. The Executive Office of the Governor shall provide
31 the approved program list to the Legislature.
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1 (2) The following documentation shall accompany the
2 list of proposed programs and measures submitted by the state
3 agency:
4 (a) The constitutional or statutory direction and
5 authority for each program.
6 (b) Identification of the customers, clients, and
7 users of each program.
8 (c) The purpose of each program or the benefit derived
9 by the customers, clients, and users of the program.
10 (d) Direct and indirect costs of each program.
11 (e) Information on fees collected and the adequacy of
12 those fees in funding each program for which the fees are
13 collected.
14 (e)(f) An assessment of whether each program is
15 conducive to performance-based program budgeting.
16 (f)(g) An assessment of the time needed to develop
17 meaningful performance measures for each program.
18 (g) Any proposed legislation necessary to implement
19 the incentives or disincentives requested pursuant to this
20 subsection.
21 (h) A comparison of the agency's existing budget
22 structure to the proposed budget structure.
23 (i) A description of the use of performance measures
24 in agency decisionmaking, agency actions to allocate funds and
25 manage programs, and the agency strategic plan.
26 (3) The Executive Office of the Governor, after
27 discussion with legislative appropriations committees,
28 appropriate substantive committees, and the Legislative
29 Auditing Committee, shall jointly develop instructions for the
30 development of performance measures for each program on the
31 list approved pursuant to this section and shall submit such
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1 instructions to the state agencies prior to December 1 of the
2 fiscal year preceding the year in which a state agency is
3 required to submit a performance-based program budget request
4 pursuant to s. 216.0172.
5 (4) Prior to June 1, each state agency is required to
6 submit to the executive Office of the Governor performance
7 measures for each program on the approved list required
8 pursuant to subsection (1). State agencies shall also identify
9 (j) The outputs produced by each proposed approved
10 program, the outcomes resulting from each proposed approved
11 program, and baseline data associated with each performance
12 measure. Agencies must submit documentation for each output
13 and outcome measure which explains the validity, reliability,
14 and appropriateness of each performance measure. Such
15 documentation must be prepared by the agency in consultation
16 with its inspector general. Performance measures shall be
17 reviewed, after discussion with legislative appropriations and
18 appropriate substantive committees and the Office of Program
19 Policy Analysis and Government Accountability, revised as
20 necessary, and approved or disapproved by the Executive Office
21 of the Governor within 30 days of receipt. For those state
22 agencies selected by the Governor pursuant to s. 216.0172(1),
23 performance measures, outputs, outcomes, and baseline data
24 shall be submitted prior to July 1, 1994.
25 (3)(5) The agency shall submit a performance-based
26 program legislative budget request pursuant to s. 216.0172,
27 using the programs and performance measures adopted by the
28 Legislature, or, if none are adopted, those recommended by the
29 Executive Office of the Governor. Notwithstanding the
30 programs, performance measures, and standards requested in
31 each state agency's final legislative budget request or the
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1 Governor's budget recommendations, the Legislature shall have
2 final approval of all programs, performance measures, and
3 standards through the General Appropriations Act or
4 legislation implementing the General Appropriations Act.
5 (6) Each state agency shall submit documentation to
6 the Executive Office of the Governor regarding the validity,
7 reliability, and appropriateness of each performance measure.
8 In addition, each state agency shall indicate how the
9 performance measure relates to its strategic plan and how it
10 is used in management decisionmaking and other agency
11 processes.
12 (4)(7) Annually, no later than 45 days after the
13 General Appropriations Act becomes law, state agencies may
14 submit to the Executive Office of the Governor any adjustments
15 to their performance standards based on the amounts
16 appropriated for each program by the Legislature. When such
17 adjustment is made, all performance standards, including any
18 adjustments made, shall be submitted to and reviewed and
19 revised as necessary by the Executive Office of the Governor,
20 and, upon approval, submitted to the Legislature pursuant to
21 the review and approval process provided in s. 216.177. The
22 Executive Office of the Governor shall maintain both the
23 official record of adjustments to the performance standards as
24 part of the agency's approved operating budget and the
25 official performance ledger.
26 (5)(8) A state agency operating under a
27 performance-based program budget pursuant to s. 216.0172 shall
28 not have the authority to amend approved or establish programs
29 or performance measures. However, a state agency may propose
30 revisions a revision to the list of approved programs or
31 performance measures used in its legislative budget request.
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1 Such revisions are revision is subject to review and approval
2 by the Executive Office of the Governor and the Legislature
3 and shall be submitted to the Executive Office of the Governor
4 prior to February 1 April 15 of the year in which the state
5 agency proposes intends to incorporate these changes into its
6 legislative budget request. The submission must include the
7 documentation required by s. 216.0166(2), where applicable.
8 The Executive Office of the Governor shall have 30 days to
9 review act on the proposed revisions and make a recommendation
10 to the Legislature. All approved revisions must Revised
11 performance measures, standards, and baseline data shall be
12 submitted along with the agency's preliminary legislative
13 budget request. Any new programs or performance measures
14 proposed by the agency must be submitted pursuant to s.
15 216.0166(1) and must include the documentation required by s.
16 216.0166(2), where applicable.
17 Section 3. Section 216.0172, Florida Statutes, is
18 amended to read:
19 216.0172 Schedule for submission of performance-based
20 program budgets.--In order to implement the provisions of
21 chapter 94-249, Laws of Florida, state agencies shall submit
22 performance-based program budget legislative budget requests
23 budgets for programs approved pursuant to s. 216.0166 to the
24 Executive Office of the Governor and the Legislature based on
25 the following schedule:
26 (1) By September 1, 1994, for the 1995-1996 fiscal
27 year, two state agencies selected by the Governor, subject to
28 the review and approval process pursuant to s. 216.177.
29 (2) By September 1, 1995, for the 1996-1997 fiscal
30 year:
31 (a) Department of Education (Community Colleges).
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1 (b) Department of Health and Rehabilitative Services
2 (Alcohol, Drug Abuse, Mental Health).
3 (c) Department of Labor and Employment Security.
4 (d) Department of Law Enforcement.
5 (e) Department of Management Services.
6 (f) Division of Retirement.
7 (3) By September 1, 1996, for the 1997-1998 fiscal
8 year, by the following:
9 (a) Agency for Health Care Administration.
10 (b) Department of Education (State University System).
11 (c) Game and Fresh Water Fish Commission.
12 (d) Department of Highway Safety and Motor Vehicles.
13 (e) Department of Revenue.
14 (f) Department of State.
15 (g) Department of Transportation.
16 (4) By September 1, 1997, for the 1998-1999 fiscal
17 year, by the following:
18 (a) Department of Banking and Finance.
19 (b) Department of Corrections.
20 (c) Department of Education (Public Schools).
21 (d) Department of Environmental Protection.
22 (e) Executive Office of the Governor.
23 (f) Department of Children and Family Health and
24 Rehabilitative Services.
25 (g) Department of Legal Affairs.
26 (h) Department of Juvenile Justice.
27 (5) By September 1, 1998, for the 1999-2000 fiscal
28 year, by the following:
29 (a) Department of Agriculture and Consumer Services.
30 (b) Department of Commerce.
31 (b)(c) Department of Elderly Affairs.
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1 (c)(d) Department of the Lottery.
2 (d)(e) Department of Military Affairs.
3 (6) By September 1, 1999, for the 2000-2001 fiscal
4 year, by the following:
5 (a) Division of Administrative Hearings.
6 (b) Department of Business and Professional
7 Regulation.
8 (c) Parole and Probation Commission.
9 (d) Public Service Commission.
10 (e) Department of Health.
11 (f) Department of Education (all remaining programs).
12 (7) By September 1, 2000, for the 2001-2002 fiscal
13 year, by the following:
14 (a) Department of Citrus.
15 (b) Department of Community Affairs.
16 (c) Department of Insurance.
17 (d) Department of Veterans' Affairs.
18 (e) State attorneys.
19 (f) Public defenders.
20 (g) Justice Administrative Commission and capital
21 collateral counsel.
22 (8) Any new agency or portion thereof created after
23 September 1, 2000, shall submit a performance-based program
24 budget request for programs approved pursuant to s. 216.0166
25 to the Executive Office of the Governor and the Legislature by
26 September 1 of the year following the creation of the agency
27 or portion thereof.
28 (9)(8) The schedule set forth in subsections (2)
29 through (7) may be amended by the Legislative Auditing
30 Committee, the General Appropriations Act, or upon the
31 recommendation of the Governor, which recommendation is
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1 subject to the review and approval process provided in s.
2 216.177.
3 (10) Beginning in fiscal year 1998-1999, the Executive
4 Office of the Governor shall, for any agency that fails to
5 meet the requirements set forth in s. 216.0166 according to
6 the schedule set forth in s. 216.0172 or within three years
7 thereafter, recommend programs and performance measures to the
8 Legislature on behalf of that agency.
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 and subsection (12) is added to that
31 section 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) For performance-based program budgets, the
10 baseline data, outcome measures outcomes, output performance
11 measures, and standards for program measures current programs,
12 including justification for those programs in the format
13 required by the legislative budget instructions.
14 (12) A prioritized listing of planned expenditures for
15 review and possible reduction in the event of revenue
16 shortfalls, as provided for in s. 216.221. Such list shall be
17 in the format provided in the planning and budgeting
18 instructions.
19
20 Either chair of a legislative appropriations committee, or the
21 Executive Office of the Governor for state agencies, may
22 require the agency or the Chief Justice to address major
23 issues separate from those outlined in s. 216.023, this
24 section, and s. 216.043 for inclusion in the requests of the
25 agency or of the judicial branch. The issues shall be
26 submitted to the agency no later than July 30 of each year and
27 shall be displayed in its requests as provided in the budget
28 instructions. The Executive Office of the Governor may
29 request an agency, or the chair of the appropriations
30 committees of the Senate or House of Representatives may
31 request any agency or the judicial branch, to submit no later
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1 than September 15 of each year a budget plan with respect to
2 targets established by the Governor or either chair. The
3 target budget shall require each entity to establish an order
4 of priorities for its budget issues and may include requests
5 for multiple options for the budget issues. The target budget
6 may also require each entity to submit a program budget or a
7 performance-based budget in the format prescribed by the
8 Executive Office of the Governor or either chair; provided,
9 however, the target budget format shall be compatible with the
10 planning and budgeting system requirements set out in s.
11 216.141. Such a request shall not influence the agencies' or
12 judicial branch's independent judgment in making legislative
13 budget requests, as required by law.
14 Section 6. Subsection (4) of section 216.163, Florida
15 Statutes, is amended to read:
16 216.163 Governor's recommended budget; form and
17 content; declaration of collective bargaining impasses.--
18 (4) The Executive Office of the Governor shall review
19 the evaluation report required by s. 216.031(10) and the
20 findings of the Office of Program Policy Analysis and
21 Government Accountability, to the extent they are available,
22 request any reports or additional analyses as necessary, and
23 submit a recommendation, pursuant to paragraph (2)(g) which
24 may include a recommendation regarding incentives or
25 disincentives for agency performance. Incentives or
26 disincentives may apply to all or part of a state agency.
27 (a) Incentives may include, but are not limited to:
28 1. Additional flexibility in budget management, such
29 as, but not limited to, the use of lump sums, special
30 categories, or performance-based program appropriation;
31 consolidation of budget entities or program components;
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1 consolidation of appropriation categories; and increased
2 agency transfer authority between appropriation categories or
3 budget entities.
4 2. Additional flexibility in salary rate and position
5 management.
6 3. Retention of up to 50 percent of all unexpended and
7 unencumbered balances of appropriations as of June 30, or
8 undisbursed balances as of December 31, excluding special
9 categories and grants and aids, which may be used for
10 nonrecurring purposes including, but not limited to, lump-sum
11 bonuses, employee training, or productivity enhancements,
12 including technology and other improvements.
13 4. Additional funds to be used for, but not limited
14 to, lump-sum bonuses, employee training, or productivity
15 enhancements, including technology and other improvements.
16 5. Additional funds provided pursuant to law to be
17 released to an agency quarterly or incrementally contingent
18 upon the accomplishment of units of output or outcome
19 specified in the General Appropriations Act.
20 (b) Disincentives may include, but are not limited to:
21 1. Mandatory quarterly reports to the Executive Office
22 of the Governor and the Legislature on the agency's progress
23 in meeting performance standards.
24 2. Mandatory quarterly appearances before the
25 Legislature, the Governor, or the Governor and Cabinet to
26 report on the agency's progress in meeting performance
27 standards.
28 3. Elimination or restructuring of the program, which
29 may include, but not be limited to transfer of the program or
30 outsourcing all or a portion of the program.
31 4. Reduction of total positions for a program.
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1 5. Restriction on or reduction of the spending
2 authority provided in s. 216.292(2) and (4) s. 216.292(2)(c).
3 6. Reduction of managerial salaries.
4 Section 7. Section 216.167, Florida Statutes, is
5 amended to read:
6 216.167 Governor's recommendations.--The Governor's
7 recommendations shall include a financial schedule that
8 provides which shall provide:
9 (1) The Governor's estimate of the recommended
10 recurring revenues available in the Budget Stabilization Fund,
11 in the Working Capital Fund, and the General Revenue Fund.
12 (2) The Governor's estimate of the recommended
13 nonrecurring revenues available in the Budget Stabilization
14 Fund, in the Working Capital Fund, and the General Revenue
15 Fund.
16 (3) The Governor's recommended recurring and
17 nonrecurring appropriations from the Budget Stabilization
18 Fund, the Working Capital Fund, and the General Revenue Fund.
19 (4) The Governor's estimates of any interfund loans or
20 temporary obligations of the Budget Stabilization Fund, the
21 Working Capital Fund, or trust funds, which loans or
22 obligations are needed to implement his or her recommended
23 budget.
24 (5)(a) For any recommendation to be funded by a
25 proposed state debt or obligation as defined in s. 216.0442,
26 the documents set forth in s. 216.0442(2) and a 5-year
27 estimate of the program operational costs associated with any
28 proposed fixed capital outlay project to be funded by the
29 proposed state debt or obligation.
30 (b) The Governor's estimates of the debt service and
31 reserve requirements for any recommended new bond issues or
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1 reissues and his or her recommended debt service
2 appropriations for all outstanding fixed capital outlay bond
3 issues.
4 Section 8. Subsection (2) of section 216.178, Florida
5 Statutes, is amended to read:
6 216.178 General Appropriations Act; format; procedure;
7 cost statement for new debt or obligation.--
8 (2) Effective June 30, 1993, the Office of Planning
9 and Budgeting shall develop a final budget report that
10 reflects the net appropriations for each budget item. The
11 report shall reflect actual expenditures for each of the 2
12 preceding fiscal years and the estimated expenditures for the
13 current fiscal year. In addition, the report must contain the
14 actual revenues and cash balances for the preceding 2 fiscal
15 years and the estimated revenues and cash balances for the
16 current fiscal year. The report may also contain expenditure
17 data, program objectives, and program measures for each state
18 agency program. The report must be produced by October 15
19 each year within 90 days after the beginning of the fiscal
20 year. A copy of the report must be made available to each
21 member of the Legislature, to the head of each state agency,
22 to the Auditor General, and to the public.
23 Section 9. Section 216.292, Florida Statutes, is
24 amended to read:
25 216.292 Appropriations nontransferable; exceptions.--
26 (1)(a) Funds provided in the General Appropriations
27 Act or as otherwise expressly provided by law shall be
28 expended only for the purpose for which appropriated, except
29 that if deemed necessary such moneys may be transferred as
30 provided in subsections (3), and (4), and (5) when it is
31 determined to be in the best interest of the state.
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1 Appropriations for fixed capital outlay may not be expended
2 for any other purpose, and appropriations may not be
3 transferred between state agencies, or between a state agency
4 and the judicial branch, unless specifically authorized by
5 law.
6 (b) For the 1997-1998 fiscal year only, the Department
7 of Children and Family Services and the Agency for Health Care
8 Administration may transfer general revenue funds as necessary
9 to comply with any provision of the General Appropriations Act
10 that requires or specifically authorizes the transfer of
11 general revenue funds between these two agencies. This
12 paragraph is repealed on July 1, 1998.
13 (2) A lump sum appropriated for a performance-based
14 program must be distributed by the Governor for state agencies
15 or the Chief Justice for the judicial branch into the
16 traditional expenditure categories in accordance with s.
17 216.181(5)(b) s. 216.181(4)(b). At any time during the year,
18 the agency head or Chief Justice may transfer funds between
19 those categories with no limit on the amount of the transfer.
20 Authorized revisions of the original approved operating
21 budget, together with related changes, if any, must be
22 transmitted by the state agency or by the judicial branch to
23 the Executive Office of the Governor or the Chief Justice, the
24 chairs of the legislative appropriations committees, the
25 Office of Program Policy Analysis and Government
26 Accountability, and the Auditor General. Such authorized
27 revisions shall be consistent with the intent of the approved
28 operating budget, shall be consistent with legislative policy
29 and intent, and shall not conflict with specific spending
30 policies specified in the General Appropriations Act. The
31 Executive Office of the Governor shall forward a copy of the
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1 revisions within 7 working days to the Comptroller for entry
2 in his or her records in the manner and format prescribed by
3 the Executive Office of the Governor in consultation with the
4 Comptroller. Authorized revisions of the original approved
5 operating budget, together with related changes, if any, must
6 be transmitted by the state agency or by the judicial branch
7 to the Comptroller for entry in his or her records in the
8 manner and format prescribed by the Executive Office of the
9 Governor in consultation with the Comptroller. A copy of such
10 revisions shall be furnished, within 7 working days, to the
11 Executive Office of the Governor or the Chief Justice, the
12 chairs of the legislative appropriations committees, the
13 Office of Program Policy Analysis and Government
14 Accountability, and the Auditor General. Such authorized
15 revisions shall be consistent with the intent of the approved
16 operating budget, shall be consistent with legislative policy
17 and intent, and shall not conflict with specific spending
18 policies specified in the General Appropriations Act.
19 Additionally, subsection (3) shall not apply to programs
20 operating under performance-based program budgeting where a
21 lump sum was appropriated program-performance based budgets.
22 (3) The head of each department or the Chief Justice
23 of the Supreme Court, whenever it is deemed necessary by
24 reason of changed conditions, may transfer appropriations
25 funded from identical funding sources, except appropriations
26 for fixed capital outlay, and transfer the amounts included
27 within the total original approved budget and releases as
28 furnished pursuant to ss. 216.181 and 216.192, as follows:
29 (a) Between categories of appropriations within a
30 budget entity, if no category of appropriation is increased or
31 decreased by more than 5 percent of the original approved
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1 budget or $25,000, whichever is greater, by all action taken
2 under this subsection.
3 (b) Additionally, between budget entities within
4 identical categories of appropriations, if no category of
5 appropriation is increased or decreased by more than 5 percent
6 of the original approved budget or $25,000, whichever is
7 greater, by all action taken under this subsection.
8 (c) Such authorized revisions must be consistent with
9 the intent of the approved operating budget, must be
10 consistent with legislative policy and intent, and must not
11 conflict with specific spending policies specified in the
12 General Appropriations Act.
13
14 Such authorized revisions, together with related changes, if
15 any, in the plan for release of appropriations, shall be
16 transmitted by the state agency or by the judicial branch to
17 the Comptroller for entry in the Comptroller's records in the
18 manner and format prescribed by the Executive Office of the
19 Governor in consultation with the Comptroller. A copy of such
20 revision shall be furnished to the Executive Office of the
21 Governor or the Chief Justice, the chairs of the legislative
22 committees, and the Auditor General.
23 (4) The head of each department or the Chief Justice
24 of the Supreme Court, whenever it is deemed necessary by
25 reason of changed conditions, may transfer funds, positions,
26 and salary rate within and between program budget entities
27 with performance-based program appropriations as defined in s.
28 216.011(1)(xx). Such transfers may include appropriations from
29 any operating category, except appropriations for fixed
30 capital outlay. However, the total program funds, positions,
31 and salary rate shall not be increased or decreased by more
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1 than 5 percent by all action taken under this section.
2 Authorized revisions of the original approved operating
3 budget, together with related changes, if any, must be
4 transmitted by the state agency or by the judicial branch to
5 the Executive Office of the Governor or the Chief Justice, the
6 chairs of the legislative appropriations committees, the
7 Office of Program Policy Analysis and Government
8 Accountability, and the Auditor General. Such authorized
9 revisions shall be consistent with legislative policy and
10 intent, and shall not conflict with specific spending policies
11 specified in the General Appropriations Act. The Executive
12 Office of the Governor shall forward a copy of the revisions
13 within 7 working days to the Comptroller for entry in his or
14 her records in the manner and format prescribed by the
15 Executive Office of the Governor in consultation with the
16 Comptroller.
17 (5)(4)(a) Transfers of appropriations for operations
18 from the General Revenue Fund in excess of those provided in
19 subsections subsection (3) and (4) but within a state agency
20 or within the judicial branch may be authorized by the
21 commission for the executive branch and the Chief Justice for
22 the judicial branch, pursuant to the request of the agency
23 filed with the Executive Office of the Governor, or pursuant
24 to the request of an entity of the judicial branch filed with
25 the Chief Justice of the Supreme Court, if deemed necessary
26 and in the best interest of the state and consistent with
27 legislative policy and intent. The provisions of this
28 paragraph are subject to the notice, review, and objection
29 procedures set 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
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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 commission or the Chief
5 Justice, to another project for which there has been an
6 appropriation in the same fiscal year from the same fund and
7 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 (6)(5) Upon request of a department to, and approval
15 by, the Comptroller, funds appropriated may be transferred to
16 accounts established for disbursement purposes upon release of
17 such appropriation. Such transfer may only be made to the
18 same appropriation category and the same funding source from
19 which the funds are transferred.
20 (7)(6) Any transfers from the Working Capital Fund to
21 the General Revenue Fund may be approved provided such
22 transfers were identified or contemplated by the Legislature
23 in the original approved budget.
24 (8)(7)(a) Should any state agency or the judicial
25 branch become more than 90 days delinquent on reimbursements
26 due to the Unemployment Compensation Trust Fund, the
27 Department of Labor and Employment Security shall certify to
28 the Comptroller the amount due; and the Comptroller shall
29 transfer the amount due to the Unemployment Compensation Trust
30 Fund from any funds of the agency available.
31
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1 (b) Should any state agency or the judicial branch
2 become more than 90 days delinquent in paying the Division of
3 Risk Management of the Department of Insurance for insurance
4 coverage, the Department of Insurance may certify to the
5 Comptroller the amount due; and the Comptroller shall transfer
6 the amount due to the Division of Risk Management from any
7 funds of the agency or the judicial branch available.
8 (9)(8) Moneys appropriated in the General
9 Appropriations Act for the purpose of paying for services
10 provided by the state communications system in the Division of
11 Communications of the Department of Management Services shall
12 be paid by the user agencies, or the judicial branch, within
13 45 days after the billing date. Billed amounts not paid by
14 the user agencies, or by the judicial branch, shall be
15 transferred by the Comptroller from the user agencies to the
16 Communications Working Capital Trust Fund.
17 (10)(9) The Comptroller shall report all such
18 transfers and the reasons for such transfers to the
19 legislative appropriations committees.
20 (11)(10) Where any reorganization has been authorized
21 by the Legislature and the necessary adjustments of
22 appropriations and positions have not been provided in the
23 General Appropriations Act, the Administration Commission may
24 approve, consistent with legislative policy and intent, the
25 necessary transfers to accomplish the purposes of such
26 reorganization within state agencies. The Chief Justice of
27 the Supreme Court may approve such transfers for the judicial
28 branch.
29 Section 10. Subsection (2) of section 186.022, Florida
30 Statutes, is amended to read:
31
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1 186.022 State agency strategic plans; preparation,
2 form, and review.--
3 (2) Each agency strategic plan must be in a form and
4 manner prescribed in written instructions prepared by the
5 Executive Office of the Governor after consultation with the
6 President of the Senate and the Speaker of the House of
7 Representatives. Each agency strategic plan must identify the
8 specific legislative authority necessary to implement the
9 provisions of the plan. An agency may only implement those
10 portions of its strategic plan that are consistent with
11 existing statutory or constitutional authority and for which
12 funding, if needed, is available consistent with the
13 provisions of chapter 216. An agency's budget request
14 prescribed in s. 216.023(1) shall identify the financial
15 resources necessary to further the provisions of the agency's
16 strategic plan. Performance measures, as defined in s. 216.011
17 and proposed by the agency pursuant to s. 216.0166(1), must be
18 consistent with the objectives in the draft agency strategic
19 plan and shall represent 1-year implementation efforts
20 necessary to meet the 5-year agency strategic plan objectives.
21 State agency strategic plans shall be amended by the agency,
22 as necessary, to ensure consistency with the legislative
23 actions prior to the effective date of the agency strategic
24 plan.
25 Section 11. Subsection (8) of section 121.051, Florida
26 Statutes, is amended to read:
27 121.051 Participation in the system.--
28 (8) DIVISION OF REHABILITATION AND LIQUIDATION
29 EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
30 receivership employees of the Division of Rehabilitation and
31 Liquidation who are assigned to established positions and are
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1 subject to established rules and regulations regarding
2 discipline, pay, classification, and time and attendance are
3 hereby declared to be state employees within the meaning of
4 this chapter and shall be compulsory members in compliance
5 with this chapter, the provisions of s. 216.011(1)(z)2. s.
6 216.011(1)(x)2., notwithstanding. Employment performed before
7 July 1, 1994, as such a receivership employee may be claimed
8 as creditable retirement service upon payment by the employee
9 or employer of contributions required in s. 121.081(1), as
10 applicable for the period claimed.
11 Section 12. Section 215.32, Florida Statutes, is
12 amended to read:
13 215.32 State funds; segregation.--
14 (1) All moneys received by the state shall be
15 deposited in the State Treasury unless specifically provided
16 otherwise by law and shall be deposited in and accounted for
17 by the Treasurer and the Department of Banking and Finance
18 within the following funds, which funds are hereby created and
19 established:
20 (a) General Revenue Fund.
21 (b) Trust funds.
22 (c) Working Capital Fund.
23 (d) Budget Stabilization Fund.
24 (2) The source and use of each of these funds shall be
25 as follows:
26 (a) The General Revenue Fund shall consist of all
27 moneys received by the state from every source whatsoever,
28 except as provided in paragraphs (b) and (c). Such moneys
29 shall be expended pursuant to General Revenue Fund
30 appropriations acts or transferred as provided in paragraph
31 (c). Annually, at least 5 percent of the estimated increase
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1 in General Revenue Fund receipts for the upcoming fiscal year
2 over the current year General Revenue Fund effective
3 appropriations shall be appropriated for state-level capital
4 outlay, including infrastructure improvement and general
5 renovation, maintenance, and repairs.
6 (b)1. The trust funds shall consist of moneys received
7 by the state which under law or under trust agreement are
8 segregated for a purpose authorized by law. The state agency
9 or branch of state government receiving or collecting such
10 moneys shall be responsible for their proper expenditure as
11 provided by law. Upon the request of the state agency or
12 branch of state government responsible for the administration
13 of the trust fund, the Comptroller may establish accounts
14 within the trust fund at a level considered deemed necessary
15 for proper accountability. Once an account is established
16 within a trust fund, the Comptroller may shall authorize
17 payment from that account only upon determining that there is
18 sufficient cash and releases at the level of the account.
19 2. In order to maintain a minimum number of trust
20 funds in the State Treasury, each state agency or the judicial
21 branch may consolidate, if permitted under the terms and
22 conditions of their receipt, the trust funds administered by
23 it; provided, however, the agency or judicial branch employs
24 effectively a uniform system of accounts sufficient to
25 preserve the integrity of such trust funds; and provided,
26 further, that consolidation of trust funds is approved by the
27 Administration Commission or the Chief Justice.
28 3. All such moneys are hereby appropriated to be
29 expended in accordance with the law or trust agreement under
30 which they were received, subject always to the provisions of
31 chapter 216 relating to the appropriation of funds and to the
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1 applicable laws relating to the deposit or expenditure of
2 moneys in the State Treasury.
3 4.a. Notwithstanding any provision of law restricting
4 the use of trust funds to specific purposes, unappropriated
5 cash balances from selected trust funds may be authorized by
6 the Legislature for transfer to the Budget Stabilization and
7 Working Capital Fund in the General Appropriations Act.
8 b. The provisions of This subparagraph does shall not
9 apply to trust funds required by federal programs or mandates;
10 trust funds established for bond covenants, indentures, or
11 resolutions whose revenues are legally pledged by the state or
12 public body to meet debt service or other financial
13 requirements of any debt obligations of the state or any
14 public body; the State Transportation Trust Fund; the trust
15 fund containing the net annual proceeds from the Florida
16 Education Lotteries; the Florida Retirement Trust Fund; trust
17 funds under the management of the Board of Regents, where such
18 trust funds are for auxiliary enterprises, self-insurance, and
19 contracts, grants, and donations, as those terms are defined
20 by general law; trust funds that serve as clearing funds or
21 accounts for the Comptroller or state agencies; trust funds
22 that account for assets held by the state in a trustee
23 capacity as an agent or fiduciary for individuals, private
24 organizations, or other governmental units; and other trust
25 funds authorized by the State Constitution.
26 (c)1. The Budget Stabilization Fund shall consist of
27 amounts equal to at least 5 percent of net revenue collections
28 for the General Revenue Fund during the last completed fiscal
29 year. The Budget Stabilization Fund's principal balance shall
30 not exceed an amount equal to 10 percent of the last completed
31 fiscal year's net revenue collections for the General Revenue
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1 Fund. As used in this paragraph, the term "last completed
2 fiscal year" means the most recently completed fiscal year
3 prior to the regular legislative session at which the
4 Legislature considers the General Appropriations Act for the
5 year in which the transfer to the Budget Stabilization Fund
6 must be made under this paragraph.
7 2. By September 15 of each year, the Governor shall
8 authorize the Comptroller to transfer, and the Comptroller
9 shall transfer pursuant to appropriations made by law, to the
10 Budget Stabilization Fund the amount of money needed for the
11 balance of that fund to equal the amount specified in
12 subparagraph 1., less any amounts expended and not restored.
13 The moneys needed for this transfer may be appropriated by the
14 Legislature from any funds.
15 3. Unless otherwise provided in this subparagraph, an
16 expenditure from the Budget Stabilization Fund must be
17 restored pursuant to a restoration schedule that provides for
18 making five equal annual transfers from the General Revenue
19 Fund, beginning in the fiscal year following that in which the
20 expenditure was made. For any Budget Stabilization Fund
21 expenditure, the Legislature may establish by law a different
22 restoration schedule and such change may be made at any time
23 during the restoration period. Moneys are hereby appropriated
24 for transfers pursuant to this subparagraph.
25 4. The Budget Stabilization Fund and the Working
26 Capital Fund may be used as revolving funds for transfers as
27 provided in s. 18.125; however, any interest earned must be
28 deposited in the General Revenue Fund.
29 (d) The Working Capital Fund shall consist of moneys
30 in the General Revenue Fund which are in excess of the amount
31 needed to meet General Revenue Fund appropriations for the
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1 current fiscal year. Each year, no later than the publishing
2 date of the annual financial statements for the state by the
3 Comptroller under s. 216.102, funds shall be transferred
4 between the Working Capital Fund and the General Revenue Fund
5 to establish the balance of the Working Capital Fund for that
6 fiscal year at the amount determined pursuant to this
7 paragraph.
8 1. The amount of moneys in the General Revenue Fund
9 shall be determined at the beginning of the fiscal year based
10 on the Revenue Estimating Conference's estimate of funds
11 available. This amount shall be adjusted upon determination
12 of the previous year's appropriations which remain unspent
13 after certifications are completed pursuant to s. 216.301.
14 2. The Working Capital Fund shall consist of an
15 amount, not more than 10 percent of the amount of net revenue
16 of the General Revenue Fund for the preceding fiscal year,
17 which accrues from moneys in the General Revenue Fund which
18 are in excess of the amount needed to meet the General Revenue
19 Fund appropriations acts. The Legislature shall have as a goal
20 that the Working Capital Fund for fiscal year 1994-1995 have
21 not less than 2 percent of the amount of net revenue of the
22 General Revenue Fund for the preceding fiscal year, that the
23 Working Capital Fund for fiscal year 1995-1996 have not less
24 than 3 percent of the amount of net revenue of the General
25 Revenue Fund for the preceding fiscal year, that the Working
26 Capital Fund for fiscal year 1996-1997 have not less than 4
27 percent of the amount of net revenue of the General Revenue
28 Fund for the preceding fiscal year, and that the Working
29 Capital Fund for fiscal year 1997-1998 and each fiscal year
30 thereafter have not less than 5 percent of the amount of net
31 revenue of the General Revenue Fund for the preceding fiscal
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1 year. By September 15 of each year, the Executive Office of
2 the Governor shall transfer the excess funds that are in the
3 General Revenue Fund to the Working Capital Fund. Whenever the
4 Governor determines that revenue collections in the General
5 Revenue Fund will be insufficient to meet General Revenue Fund
6 appropriations, he or she shall certify the amount of the
7 deficit and transfer up to the amount specified in the General
8 Appropriations Act from the Working Capital Fund to the
9 General Revenue Fund pursuant to s. 216.221. When not required
10 to meet General Revenue Fund appropriations, such moneys shall
11 be used as a revolving fund for transfers as provided by s.
12 215.18; and when the Comptroller determines that such moneys
13 are not needed for either type of transfer, they may be
14 temporarily invested as provided in s. 18.125.
15 3. The provisions of subparagraph 1. notwithstanding,
16 the Comptroller shall pay from the Working Capital Fund such
17 claims as are authorized pursuant to s. 265.55.
18 Section 13. Subsections (2), (5), and (7) of section
19 216.221, Florida Statutes, are amended to read:
20 216.221 Appropriations as maximum appropriations;
21 adjustment of budgets to avoid or eliminate deficits.--
22 (2) The Legislature shall annually provide direction
23 in the General Appropriations Act regarding use of the Budget
24 Stabilization Fund and Working Capital Fund to offset General
25 Revenue Fund deficits.
26 (5)(a) If, in the opinion of the Governor, after
27 consultation with the Revenue Estimating Conference, a deficit
28 will occur in the General Revenue Fund, he or she shall so
29 certify to the commission and to the Chief Justice of the
30 Supreme Court. No more than 30 days after certifying that a
31 deficit will occur in the General Revenue Fund, the Governor
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1 shall develop for the executive branch, and the Chief Justice
2 of the Supreme Court shall develop for the judicial branch,
3 and provide to the commission and to the Legislature plans of
4 action to eliminate the deficit.
5 (b) In developing a plan of action to prevent deficits
6 in accordance with subsection (7), the Governor and Chief
7 Justice shall, to the extent possible, preserve legislative
8 policy and intent, and, absent any specific direction to the
9 contrary in the General Appropriations Act, the Governor and
10 Chief Justice shall comply with the following guidelines for
11 reductions in the approved operating budgets of the executive
12 branch and the judicial branch:
13 1. Entire statewide programs previously established by
14 the Legislature should not be eliminated.
15 2. Education budgets should not be reduced more than
16 provided for in s. 215.16(2).
17 3. The use of nonrecurring funds to solve recurring
18 deficits should be minimized.
19 4. Newly created programs that are not fully
20 implemented and programs with critical audits should receive
21 first consideration for reductions.
22 5. No agencies or branches of government receiving
23 appropriations should be exempt from reductions.
24 6. When reductions in positions are required, the
25 focus should be initially on vacant positions.
26 7. Any reductions applied to all agencies and branches
27 should be uniformly applied.
28 8. Reductions that would cause substantial losses of
29 federal funds should be minimized.
30 9. To the greatest extent possible, across-the-board,
31 prorated reductions should be considered.
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1 10. Reductions to statewide programs should occur only
2 after review of programs that provide only local benefits.
3 11. Reductions in administrative and support functions
4 should be considered before reductions in direct-support
5 services.
6 12. Maximum reductions should be considered in budgets
7 for expenses including travel and in budgets for equipment
8 replacement, outside consultants, and contracts.
9 13. Reductions in salaries for elected state officials
10 should be considered.
11 14. Reductions that adversely affect the public
12 health, safety, and welfare should be minimized.
13 15. The Budget Stabilization Fund Working Capital Fund
14 should not be reduced to a level that would impair the
15 financial stability of this state.
16 16. Reductions in programs that are traditionally
17 funded by the private sector and that may be assumed by
18 private enterprise should be considered.
19 17. Reductions in programs that are duplicated among
20 state agencies or branches of government should be considered.
21 (7) Deficits in the General Revenue Fund that do not
22 meet the amounts specified by subsection (6) shall be resolved
23 by the commission for the executive branch and the Chief
24 Justice of the Supreme Court for the judicial branch. The
25 commission and Chief Justice shall implement any directions
26 provided in the General Appropriations Act related to
27 eliminating deficits and to reducing reduce agency and
28 judicial branch budgets, including the use of those
29 legislative appropriations voluntarily placed in reserve. In
30 addition, the commission shall implement any directions in the
31 General Appropriations Act relating to the resolution of use
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1 of the Working Capital Fund in deficit situations. When
2 reducing state agency or judicial branch budgets, the
3 commission or the Chief Justice, respectively, shall use the
4 guidelines prescribed in subsection (5). The Executive Office
5 of the Governor for the commission, and the Chief Justice for
6 the judicial branch, shall implement the deficit reduction
7 plans through amendments to the approved operating budgets in
8 accordance with s. 216.181.
9 Section 14. Subsections (1) and (2) of section 252.37,
10 Florida Statutes, are amended to read:
11 252.37 Financing.--
12 (1) It is the intent of The Legislature intends and
13 declares it declared to be the policy of the state that funds
14 to be prepared for and meet emergencies shall always be
15 available.
16 (2) It is the legislative intent that the first
17 recourse shall be made to funds regularly appropriated to
18 state and local agencies. If the Governor finds that the
19 demands placed upon these funds in coping with a particular
20 disaster are unreasonably great, she or he may make funds
21 available by transferring and expending moneys appropriated
22 for other purposes, by transferring and expending moneys or
23 out of any unappropriated surplus funds, or from the Budget
24 Stabilization Fund or Working Capital Fund.
25 Section 15. Paragraph (b) of subsection (2) of section
26 20.055, Florida Statutes, is amended to read:
27 20.055 Agency inspectors general.--
28 (2) The Office of Inspector General is hereby
29 established in each state agency to provide a central point
30 for coordination of and responsibility for activities that
31 promote accountability, integrity, and efficiency in
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1 government. It shall be the duty and responsibility of each
2 inspector general, with respect to the state agency in which
3 the office is established, to:
4 (b) Assess the reliability and validity of the
5 information provided by the state agency on performance
6 measures and standards, and make recommendations for
7 improvement, if necessary, prior to submission of those
8 measures and standards to the Executive Office of the Governor
9 pursuant to s. 216.0166(1).
10 Section 16. Subsection (3) of section 212.081, Florida
11 Statutes, and subsection (5) of section 186.021, Florida
12 Statutes, are repealed.
13 Section 17. This act shall take effect upon becoming a
14 law.
15
16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 CS/SB 824
18
19 The Changes made in the Committee Substitute were technical
changes relating to cross referencing and the proper
20 designation of funds. Sections 186.009 and 186.031, F.S. were
not repealed.
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