CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Williams moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 11,
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16 insert:
17 Section 1. Subsection (1) of section 216.011, Florida
18 Statutes, is amended to read:
19 216.011 Definitions.--
20 (1) For the purpose of fiscal affairs of the state,
21 appropriations acts, legislative budgets, and approved
22 budgets, each of the following terms has the meaning
23 indicated:
24 (a) "Annual salary rate" means the salary estimated to
25 be paid or actually paid a position or positions on an
26 annualized basis. In calculating salary rate, a vacant
27 position shall be calculated at the minimum of the pay grade
28 for that position.
29 (b) "Appropriation" means a legal authorization to
30 make expenditures for specific purposes within the amounts
31 authorized in the appropriations act.
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1 (c) "Appropriations act" means the authorization of
2 the Legislature, based upon legislative budgets or based upon
3 legislative findings of the necessity for an authorization
4 when no legislative budget is filed, for the expenditure of
5 amounts of money by an agency, the judicial branch, and the
6 legislative branch for stated purposes in the performance of
7 the functions it is authorized by law to perform.
8 (d) "Authorized position" means a position included in
9 an approved budget. In counting the number of authorized
10 positions, part-time positions shall be converted to full-time
11 equivalents.
12 (e) "Budget entity" means a unit or function at the
13 lowest level to which funds are specifically appropriated in
14 the appropriations act.
15 (f) "Consultation" means to deliberate and seek advice
16 in an open and forthright manner with the full committee, a
17 subcommittee thereof, the chair, or the staff as deemed
18 appropriate by the chair of the respective appropriations
19 committee.
20 (g) "Continuing appropriation" means an appropriation
21 automatically renewed without further legislative action,
22 period after period, until altered or revoked by the
23 Legislature.
24 (h) "Data processing services" means electronic data
25 processing services provided by or to state agencies or the
26 judicial branch, which services include, but are not limited
27 to, systems design, software development, or time-sharing by
28 other governmental units or budget entities.
29 (i) "Disbursement" means the payment of an
30 expenditure.
31 (j) "Disincentive" means a sanction as described in s.
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1 216.163.
2 (k)(j) "Established position" means an authorized
3 position which has been classified in accordance with a
4 classification and pay plan as provided by law.
5 (l)(k) "Expenditure" means the creation or incurring
6 of a legal obligation to disburse money.
7 (m)(l) "Expense" means the usual, ordinary, and
8 incidental expenditures by an agency or the judicial branch,
9 including, but not limited to, such items as contractual
10 services, commodities, and supplies of a consumable nature,
11 current obligations, and fixed charges, and excluding
12 expenditures classified as operating capital outlay. Payments
13 to other funds or local, state, or federal agencies are
14 included in this budget classification of expenditures.
15 (n)(m) "Fiscal year of the state" means a period of
16 time beginning July 1 and ending on the following June 30,
17 both dates inclusive.
18 (o)(n) "Fixed capital outlay" means real property
19 (land, buildings, including appurtenances, fixtures and fixed
20 equipment, structures, etc.), including additions,
21 replacements, major repairs, and renovations to real property
22 which materially extend its useful life or materially improve
23 or change its functional use and including furniture and
24 equipment necessary to furnish and operate a new or improved
25 facility, when appropriated by the Legislature in the fixed
26 capital outlay appropriation category.
27 (p)(o) "Full-time position" means a position
28 authorized for the entire normally established work period,
29 daily, weekly, monthly, or annually.
30 (q)(p) "Grants and aids" means contributions to units
31 of governments or nonprofit organizations to be used for one
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1 or more specified purposes, activities, or facilities. Funds
2 appropriated under this category may be advanced.
3 (r) "Incentive" means a mechanism, as described in s.
4 216.163, for recognizing the achievement of performance
5 standards or for motivating performance that exceeds
6 performance standards.
7 (s)(q) "Independent judgment" means an evaluation of
8 actual needs made separately and apart from the legislative
9 budget request of any other agency or of the judicial branch,
10 or any assessments by the Governor. Such evaluation shall not
11 be limited by revenue estimates of the Revenue Estimating
12 Conference.
13 (t)(r) "Judicial branch" means all officers,
14 employees, and offices of the Supreme Court, district courts
15 of appeal, circuit courts, county courts, and the Judicial
16 Qualifications Commission.
17 (u)(s) "Legislative branch" means the various
18 officers, committees, and other units of the legislative
19 branch of state government.
20 (v)(t) "Legislative budget" means a request to the
21 Legislature, filed pursuant to s. 216.023, or supplemental
22 detailed requests filed with the Legislature, for the amounts
23 of money such agency or branch believes will be needed in the
24 performance of the functions that it is authorized, or which
25 it is requesting authorization by law, to perform.
26 (w)(u) "Lump-sum appropriation" means funds
27 appropriated to accomplish a specific activity or project
28 which must be transferred to one or more appropriation
29 categories for expenditure.
30 (x)(v) "Operating capital outlay" means equipment,
31 fixtures, and other tangible personal property of a
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1 nonconsumable and nonexpendable nature, the value or cost of
2 which is $500 or more and the normal expected life of which is
3 1 year or more, and hardback-covered bound books that are
4 circulated to students or the general public, the value or
5 cost of which is $25 or more, and hardback-covered bound
6 books, the value or cost of which is $100 or more.
7 (y)(w) "Original approved budget" means the approved
8 plan of operation of an agency or of the judicial branch
9 consistent with the General Appropriations Act or special
10 appropriations acts.
11 (z)(x) "Other personal services" means the
12 compensation for services rendered by a person who is not a
13 regular or full-time employee filling an established position.
14 This definition includes, but is not limited to, services of
15 temporary employees, student or graduate assistants, persons
16 on fellowships, part-time academic employees, board members,
17 and consultants and other services specifically budgeted by
18 each agency, or by the judicial branch, in this category.
19 1. In distinguishing between payments to be made from
20 salaries appropriations and other-personal-services
21 appropriations, those persons filling established positions
22 shall be paid from salaries appropriations and those persons
23 performing services for a state agency or for the judicial
24 branch, but who are not filling established positions, shall
25 be paid from other-personal-services appropriations.
26 2. It is further intended that those persons paid from
27 salaries appropriations shall be state officers or employees
28 and shall be eligible for membership in a state retirement
29 system and those paid from other-personal-services
30 appropriations shall not be eligible for such membership.
31 (aa)(y) "Part-time position" means a position
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1 authorized for less than the entire normally established work
2 period, daily, weekly, monthly, or annually.
3 (bb)(z) "Pay plan" means a document which formally
4 describes the philosophy, methods, procedures, and salary
5 schedule for compensating employees for work performed.
6 (cc)(aa) "Perquisites" means those things, or the use
7 thereof, or services of a kind which confer on the officers or
8 employees receiving same some benefit that is in the nature of
9 additional compensation, or which reduces to some extent the
10 normal personal expenses of the officer or employee receiving
11 the same, and shall include, but not be limited to, such
12 things as quarters, subsistence, utilities, laundry services,
13 medical service, use of state-owned vehicles for other than
14 state purposes, servants paid by the state, and other similar
15 things.
16 (dd)(bb) "Position" means the work, consisting of
17 duties and responsibilities, assigned to be performed by an
18 officer or employee.
19 (ee)(cc) "Position number" means the identification
20 number assigned to an established position.
21 (ff)(dd) "Program component" means an aggregation of
22 generally related objectives which, because of their special
23 character, related workload, and interrelated output, can
24 logically be considered an entity for purposes of
25 organization, management, accounting, reporting, and
26 budgeting.
27 (gg)(ee) "Proviso" means language that qualifies or
28 restricts a specific appropriation and which can be logically
29 and directly related to the specific appropriation.
30 (hh)(ff) "Reclassification" means changing an
31 established position in one class in a series to the next
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1 higher or lower class in the same series or to a class in a
2 different series which is the result of a natural change in
3 the duties and responsibilities of the position.
4 (ii)(gg) "Revolving fund" means a cash fund maintained
5 within or outside of the State Treasury and established from
6 an appropriation, to be used by an agency or the judicial
7 branch in making authorized expenditures.
8 (jj)(hh) "Salary" means the cash compensation for
9 services rendered for a specific period of time.
10 (kk)(ii) "Salary schedule" means an official document
11 which contains a complete list of classes and their assigned
12 salary ranges.
13 (ll)(jj) "Special category" means amounts appropriated
14 for a specific need or classification of expenditures.
15 (mm)(kk) "State agency" or "agency" means any
16 official, officer, commission, board, authority, council,
17 committee, or department of the executive branch of state
18 government. For purposes of this chapter and chapter 215,
19 "state agency" or "agency" includes state attorneys, public
20 defenders, the Capital Collateral Representative, and the
21 Justice Administrative Commission.
22 (nn)(ll) "State revenue sharing" means statutory or
23 constitutional distributions to local units of government.
24 (oo)(mm) "Title of position," or "class of positions"
25 means the official name assigned to a position or class of
26 positions.
27 (pp)(nn) "Grants and Aids to Local Governments and
28 Nonprofit Organizations-Fixed Capital Outlay" means that
29 appropriation category which includes:
30 1. Grants to local units of governments and nonprofit
31 organizations for the acquisition of real property (land,
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1 buildings, including appurtenances, fixtures and fixed
2 equipment, structures, etc.); additions, replacements, major
3 repairs, and renovations to real property which materially
4 extend its useful life or materially improve or change its
5 functional use; and operating capital outlay necessary to
6 furnish and operate a new or improved facility; and
7 2. Grants to local units of government for their
8 respective infrastructure and growth management needs related
9 to local government comprehensive plans.
10
11 Funds appropriated under this category may be advanced in part
12 or in whole.
13 (qq)(oo) "Baseline data" means indicators of a state
14 agency's current performance level, pursuant to guidelines
15 established by the Executive Office of the Governor, in
16 consultation with legislative appropriations and appropriate
17 substantive committees.
18 (rr)(pp) "Outcome" means an indicator of the actual
19 impact or public benefit of a program.
20 (ss)(qq) "Output" means the actual service or product
21 delivered by a state agency.
22 (tt)(rr) "Performance-based program budget" means a
23 budget that incorporates approved programs and performance
24 measures.
25 (uu)(ss) "Performance measure" means a quantitative or
26 qualitative indicator used to assess state agency performance.
27 (vv)(tt) "Program" means a set of activities
28 undertaken in accordance with a plan of action organized to
29 realize identifiable goals and objectives based on legislative
30 authorization.
31 (ww)(uu) "Standard" means the level of performance of
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Amendment No.
1 an outcome or output.
2 (xx) "Performance-based program appropriation" means
3 funds appropriated for a specific set of activities or
4 classification of expenditure within an approved
5 performance-based program.
6 (yy) "Performance ledger" means the official
7 compilation of information about state agency
8 performance-based programs and measures, including approved
9 programs, approved outputs and outcomes, baseline data,
10 approved standards for each performance measure and any
11 approved adjustments thereto, as well as actual agency
12 performance for each measure.
13 Section 2. Section 216.0166, Florida Statutes, is
14 amended to read:
15 216.0166 Submission by state agencies of
16 performance-based budget requests, programs, and performance
17 measures.--
18 (1) Prior to September 1 October 15 of the fiscal year
19 prior to in which a state agency is required to submit a
20 performance-based program budget request pursuant to s.
21 216.0172, such state agency shall identify and submit to the
22 Executive Office of the Governor a list of proposed state
23 agency programs and performance measures. The agency may also
24 provide a list of statutes or rules affecting its performance
25 which may be addressed as incentives or disincentives for the
26 performance-based program budget. The list should be
27 accompanied by recommended legislation to implement the
28 requested changes for potential incentives. Such
29 identification shall be conducted after discussion with
30 legislative appropriations and appropriate substantive
31 committees and shall be approved by the Executive Office of
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1 the Governor. State agencies selected by the Governor pursuant
2 to s. 216.0172(1) shall submit such lists prior to May 15,
3 1994. The Executive Office of the Governor, after discussion
4 with legislative appropriations and appropriate substantive
5 committees and the Office of Program Policy Analysis and
6 Government Accountability, shall review the list of programs
7 and performance measures, may make any changes or require the
8 agency to resubmit the list, and shall make a final
9 recommendation of programs and associated performance measures
10 to the Legislature approve or disapprove a list within 60 30
11 days after of receipt, to be used in the preparation and
12 submission of the state agency's final legislative budget
13 request pursuant to s. 216.023(5). The Executive Office of the
14 Governor may also recommend legislation to implement any or
15 all of the proposed incentives. Agencies continuing under
16 performance-based program budgeting may provide as part of
17 their legislative budget request a list of statutes or rules
18 affecting their program performance which may be addressed as
19 incentives or disincentives for the performance-based program
20 budget. The Executive Office of the Governor shall provide
21 the approved program list to the Legislature.
22 (2) The following documentation shall accompany the
23 list of proposed programs and measures submitted by the state
24 agency:
25 (a) The constitutional or statutory direction and
26 authority for each program.
27 (b) Identification of the customers, clients, and
28 users of each program.
29 (c) The purpose of each program or the benefit derived
30 by the customers, clients, and users of the program.
31 (d) Direct and indirect costs of each program.
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1 (e) Information on fees collected and the adequacy of
2 those fees in funding each program for which the fees are
3 collected.
4 (e)(f) An assessment of whether each program is
5 conducive to performance-based program budgeting.
6 (f)(g) An assessment of the time needed to develop
7 meaningful performance measures for each program.
8 (g) Any proposed legislation necessary to implement
9 the incentives or disincentives requested pursuant to this
10 subsection.
11 (h) A comparison of the agency's existing budget
12 structure to the proposed budget structure.
13 (i) A description of the use of performance measures
14 in agency decisionmaking, agency actions to allocate funds and
15 manage programs, and the agency strategic plan.
16 (3) The Executive Office of the Governor, after
17 discussion with legislative appropriations committees,
18 appropriate substantive committees, and the Legislative
19 Auditing Committee, shall jointly develop instructions for the
20 development of performance measures for each program on the
21 list approved pursuant to this section and shall submit such
22 instructions to the state agencies prior to December 1 of the
23 fiscal year preceding the year in which a state agency is
24 required to submit a performance-based program budget request
25 pursuant to s. 216.0172.
26 (4) Prior to June 1, each state agency is required to
27 submit to the executive Office of the Governor performance
28 measures for each program on the approved list required
29 pursuant to subsection (1). State agencies shall also identify
30 (j) The outputs produced by each proposed approved
31 program, the outcomes resulting from each proposed approved
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1 program, and baseline data associated with each performance
2 measure. Agencies must submit documentation for each output
3 and outcome measure which explains the validity, reliability,
4 and appropriateness of each performance measure. Such
5 documentation must be prepared by the agency in consultation
6 with its inspector general. Performance measures shall be
7 reviewed, after discussion with legislative appropriations and
8 appropriate substantive committees and the Office of Program
9 Policy Analysis and Government Accountability, revised as
10 necessary, and approved or disapproved by the Executive Office
11 of the Governor within 30 days of receipt. For those state
12 agencies selected by the Governor pursuant to s. 216.0172(1),
13 performance measures, outputs, outcomes, and baseline data
14 shall be submitted prior to July 1, 1994.
15 (3)(5) The agency shall submit a performance-based
16 program legislative budget request pursuant to s. 216.0172,
17 using the programs and performance measures adopted by the
18 Legislature, or, if none are adopted, those recommended by the
19 Executive Office of the Governor. Notwithstanding the
20 programs, performance measures, and standards requested in
21 each state agency's final legislative budget request or the
22 Governor's budget recommendations, the Legislature shall have
23 final approval of all programs, performance measures, and
24 standards through the General Appropriations Act or
25 legislation implementing the General Appropriations Act.
26 (6) Each state agency shall submit documentation to
27 the Executive Office of the Governor regarding the validity,
28 reliability, and appropriateness of each performance measure.
29 In addition, each state agency shall indicate how the
30 performance measure relates to its strategic plan and how it
31 is used in management decisionmaking and other agency
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1 processes.
2 (4)(7) Annually, no later than 45 days after the
3 General Appropriations Act becomes law, state agencies may
4 submit to the Executive Office of the Governor any adjustments
5 to their performance standards based on the amounts
6 appropriated for each program by the Legislature. When such
7 adjustment is made, all performance standards, including any
8 adjustments made, shall be submitted to and reviewed and
9 revised as necessary by the Executive Office of the Governor,
10 and, upon approval, submitted to the Legislature pursuant to
11 the review and approval process provided in s. 216.177. The
12 Executive Office of the Governor shall maintain both the
13 official record of adjustments to the performance standards as
14 part of the agency's approved operating budget and the
15 official performance ledger.
16 (5)(8) A state agency operating under a
17 performance-based program budget pursuant to s. 216.0172 shall
18 not have the authority to amend approved or establish programs
19 or performance measures. However, a state agency may propose
20 revisions a revision to the list of approved programs or
21 performance measures used in its legislative budget request.
22 Such revisions are revision is subject to review and approval
23 by the Executive Office of the Governor and the Legislature
24 and shall be submitted to the Executive Office of the Governor
25 prior to February 1 April 15 of the year in which the state
26 agency proposes intends to incorporate these changes into its
27 legislative budget request. The submission must include the
28 documentation required by s. 216.0166(2), where applicable.
29 The Executive Office of the Governor shall have 30 days to
30 review act on the proposed revisions and make a recommendation
31 to the Legislature. All approved revisions must Revised
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1 performance measures, standards, and baseline data shall be
2 submitted along with the agency's preliminary legislative
3 budget request. Any new programs or performance measures
4 proposed by the agency must be submitted pursuant to s.
5 216.0166(1) and must include the documentation required by s.
6 216.0166(2), where applicable.
7 Section 3. Section 216.0172, Florida Statutes, is
8 amended to read:
9 216.0172 Schedule for submission of performance-based
10 program budgets.--In order to implement the provisions of
11 chapter 94-249, Laws of Florida, state agencies shall submit
12 performance-based program budget legislative budget requests
13 budgets for programs approved pursuant to s. 216.0166 to the
14 Executive Office of the Governor and the Legislature based on
15 the following schedule:
16 (1) By September 1, 1994, for the 1995-1996 fiscal
17 year, two state agencies selected by the Governor, subject to
18 the review and approval process pursuant to s. 216.177.
19 (2) By September 1, 1995, for the 1996-1997 fiscal
20 year:
21 (a) Department of Education (Community Colleges).
22 (b) Department of Health and Rehabilitative Services
23 (Alcohol, Drug Abuse, Mental Health).
24 (c) Department of Labor and Employment Security.
25 (d) Department of Law Enforcement.
26 (e) Department of Management Services.
27 (f) Division of Retirement.
28 (3) By September 1, 1996, for the 1997-1998 fiscal
29 year, by the following:
30 (a) Agency for Health Care Administration.
31 (b) Department of Education (State University System).
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1 (c) Game and Fresh Water Fish Commission.
2 (d) Department of Highway Safety and Motor Vehicles.
3 (e) Department of Revenue.
4 (f) Department of State.
5 (g) Department of Transportation.
6 (4) By September 1, 1997, for the 1998-1999 fiscal
7 year, by the following:
8 (a) Department of Banking and Finance.
9 (b) Department of Corrections.
10 (c) Department of Education (Public Schools).
11 (d) Department of Environmental Protection.
12 (e) Executive Office of the Governor.
13 (f) Department of Children and Family Health and
14 Rehabilitative Services.
15 (g) Department of Legal Affairs.
16 (h) Department of Juvenile Justice.
17 (5) By September 1, 1998, for the 1999-2000 fiscal
18 year, by the following:
19 (a) Department of Agriculture and Consumer Services.
20 (b) Department of Commerce.
21 (b)(c) Department of Elderly Affairs.
22 (c)(d) Department of the Lottery.
23 (d)(e) Department of Military Affairs.
24 (6) By September 1, 1999, for the 2000-2001 fiscal
25 year, by the following:
26 (a) Division of Administrative Hearings.
27 (b) Department of Business and Professional
28 Regulation.
29 (c) Parole and Probation Commission.
30 (d) Public Service Commission.
31 (e) Department of Health.
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1 (f) Department of Education (all remaining programs).
2 (7) By September 1, 2000, for the 2001-2002 fiscal
3 year, by the following:
4 (a) Department of Citrus.
5 (b) Department of Community Affairs.
6 (c) Department of Insurance.
7 (d) Department of Veterans' Affairs.
8 (e) State attorneys.
9 (f) Public defenders.
10 (g) Justice Administrative Commission and capital
11 collateral counsel.
12 (8) Any new agency or portion thereof created after
13 September 1, 2000, shall submit a performance-based program
14 budget request for programs approved pursuant to s. 216.0166
15 to the Executive Office of the Governor and the Legislature by
16 September 1 of the year following the creation of the agency
17 or portion thereof.
18 (9)(8) The schedule set forth in subsections (2)
19 through (7) may be amended by the Legislative Auditing
20 Committee, the General Appropriations Act, or upon the
21 recommendation of the Governor, which recommendation is
22 subject to the review and approval process provided in s.
23 216.177.
24 (10) Beginning in fiscal year 1998-1999, the Executive
25 Office of the Governor shall, for any agency that fails to
26 meet the requirements set forth in s. 216.0166 according to
27 the schedule set forth in s. 216.0172 or within three years
28 thereafter, recommend programs and performance measures to the
29 Legislature on behalf of that agency.
30 Section 4. Subsection (3) of section 216.0235, Florida
31 Statutes, is amended to read:
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1 216.0235 Performance-based legislative program budget
2 requests to be furnished by agencies.--
3 (3) The Executive Office of the Governor and the
4 legislative appropriations committees shall jointly develop
5 legislative program budget instructions from which each agency
6 that has an approved program and the judicial branch, pursuant
7 to ss. 216.0166 and 216.043, shall prepare its legislative
8 program budget request. The program budget instructions must
9 be consistent with s. 216.141 and must be transmitted to each
10 agency and to the judicial branch no later than June 15 of
11 each year. The budget instructions must also include
12 instructions for agencies in submitting performance measures
13 and standards as required by s. 216.0166. In the event that
14 agreement cannot be reached between the Executive Office of
15 the Governor and the legislative appropriations committees
16 regarding legislative program budget instructions, the issue
17 shall be resolved by the Governor, the President of the
18 Senate, and the Speaker of the House of Representatives.
19 Section 5. Subsection (11) of section 216.031, Florida
20 Statutes, is amended and subsection (12) is added to that
21 section to read:
22 216.031 Budgets for operational expenditures.--A
23 legislative budget request, reflecting the independent
24 judgment of the head of the state agency, and of the Chief
25 Justice of the Supreme Court, with respect to the needs of the
26 agency and the judicial branch for operational expenditures
27 during the next fiscal year, shall be submitted by each head
28 of a state agency and by the Chief Justice of the Supreme
29 Court and shall contain the following:
30 (11) For performance-based program budgets, the
31 baseline data, outcome measures outcomes, output performance
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1 measures, and standards for program measures current programs,
2 including justification for those programs in the format
3 required by the legislative budget instructions.
4 (12) A prioritized listing of planned expenditures for
5 review and possible reduction in the event of revenue
6 shortfalls, as provided for in s. 216.221. Such list shall be
7 in the format provided in the planning and budgeting
8 instructions.
9
10 Either chair of a legislative appropriations committee, or the
11 Executive Office of the Governor for state agencies, may
12 require the agency or the Chief Justice to address major
13 issues separate from those outlined in s. 216.023, this
14 section, and s. 216.043 for inclusion in the requests of the
15 agency or of the judicial branch. The issues shall be
16 submitted to the agency no later than July 30 of each year and
17 shall be displayed in its requests as provided in the budget
18 instructions. The Executive Office of the Governor may
19 request an agency, or the chair of the appropriations
20 committees of the Senate or House of Representatives may
21 request any agency or the judicial branch, to submit no later
22 than September 15 of each year a budget plan with respect to
23 targets established by the Governor or either chair. The
24 target budget shall require each entity to establish an order
25 of priorities for its budget issues and may include requests
26 for multiple options for the budget issues. The target budget
27 may also require each entity to submit a program budget or a
28 performance-based budget in the format prescribed by the
29 Executive Office of the Governor or either chair; provided,
30 however, the target budget format shall be compatible with the
31 planning and budgeting system requirements set out in s.
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1 216.141. Such a request shall not influence the agencies' or
2 judicial branch's independent judgment in making legislative
3 budget requests, as required by law.
4 Section 6. Subsection (4) of section 216.163, Florida
5 Statutes, is amended to read:
6 216.163 Governor's recommended budget; form and
7 content; declaration of collective bargaining impasses.--
8 (4) The Executive Office of the Governor shall review
9 the evaluation report required by s. 216.031(10) and the
10 findings of the Office of Program Policy Analysis and
11 Government Accountability, to the extent they are available,
12 request any reports or additional analyses as necessary, and
13 submit a recommendation, pursuant to paragraph (2)(g) which
14 may include a recommendation regarding incentives or
15 disincentives for agency performance. Incentives or
16 disincentives may apply to all or part of a state agency.
17 (a) Incentives may include, but are not limited to:
18 1. Additional flexibility in budget management, such
19 as, but not limited to, the use of lump sums, special
20 categories, or performance-based program appropriation;
21 consolidation of budget entities or program components;
22 consolidation of appropriation categories; and increased
23 agency transfer authority between appropriation categories or
24 budget entities.
25 2. Additional flexibility in salary rate and position
26 management.
27 3. Retention of up to 50 percent of all unexpended and
28 unencumbered balances of appropriations as of June 30, or
29 undisbursed balances as of December 31, excluding special
30 categories and grants and aids, which may be used for
31 nonrecurring purposes including, but not limited to, lump-sum
19
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 bonuses, employee training, or productivity enhancements,
2 including technology and other improvements.
3 4. Additional funds to be used for, but not limited
4 to, lump-sum bonuses, employee training, or productivity
5 enhancements, including technology and other improvements.
6 5. Additional funds provided pursuant to law to be
7 released to an agency quarterly or incrementally contingent
8 upon the accomplishment of units of output or outcome
9 specified in the General Appropriations Act.
10 (b) Disincentives may include, but are not limited to:
11 1. Mandatory quarterly reports to the Executive Office
12 of the Governor and the Legislature on the agency's progress
13 in meeting performance standards.
14 2. Mandatory quarterly appearances before the
15 Legislature, the Governor, or the Governor and Cabinet to
16 report on the agency's progress in meeting performance
17 standards.
18 3. Elimination or restructuring of the program, which
19 may include, but not be limited to transfer of the program or
20 outsourcing all or a portion of the program.
21 4. Reduction of total positions for a program.
22 5. Restriction on or reduction of the spending
23 authority provided in s. 216.292(2) and (4) s. 216.292(2)(c).
24 6. Reduction of managerial salaries.
25 Section 7. Section 216.167, Florida Statutes, is
26 amended to read:
27 216.167 Governor's recommendations.--The Governor's
28 recommendations shall include a financial schedule that
29 provides which shall provide:
30 (1) The Governor's estimate of the recommended
31 recurring revenues available in the Budget Stabilization Fund,
20
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 in the Working Capital Fund, and the General Revenue Fund.
2 (2) The Governor's estimate of the recommended
3 nonrecurring revenues available in the Budget Stabilization
4 Fund, in the Working Capital Fund, and the General Revenue
5 Fund.
6 (3) The Governor's recommended recurring and
7 nonrecurring appropriations from the Budget Stabilization
8 Fund, the Working Capital Fund, and the General Revenue Fund.
9 (4) The Governor's estimates of any interfund loans or
10 temporary obligations of the Budget Stabilization Fund, the
11 Working Capital Fund, or trust funds, which loans or
12 obligations are needed to implement his or her recommended
13 budget.
14 (5)(a) For any recommendation to be funded by a
15 proposed state debt or obligation as defined in s. 216.0442,
16 the documents set forth in s. 216.0442(2) and a 5-year
17 estimate of the program operational costs associated with any
18 proposed fixed capital outlay project to be funded by the
19 proposed state debt or obligation.
20 (b) The Governor's estimates of the debt service and
21 reserve requirements for any recommended new bond issues or
22 reissues and his or her recommended debt service
23 appropriations for all outstanding fixed capital outlay bond
24 issues.
25 Section 8. Subsection (2) of section 216.178, Florida
26 Statutes, is amended to read:
27 216.178 General Appropriations Act; format; procedure;
28 cost statement for new debt or obligation.--
29 (2) Effective June 30, 1993, the Office of Planning
30 and Budgeting shall develop a final budget report that
31 reflects the net appropriations for each budget item. The
21
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 report shall reflect actual expenditures for each of the 2
2 preceding fiscal years and the estimated expenditures for the
3 current fiscal year. In addition, the report must contain the
4 actual revenues and cash balances for the preceding 2 fiscal
5 years and the estimated revenues and cash balances for the
6 current fiscal year. The report may also contain expenditure
7 data, program objectives, and program measures for each state
8 agency program. The report must be produced by October 15
9 each year within 90 days after the beginning of the fiscal
10 year. A copy of the report must be made available to each
11 member of the Legislature, to the head of each state agency,
12 to the Auditor General, and to the public.
13 Section 9. Section 216.292, Florida Statutes, is
14 amended to read:
15 216.292 Appropriations nontransferable; exceptions.--
16 (1)(a) Funds provided in the General Appropriations
17 Act or as otherwise expressly provided by law shall be
18 expended only for the purpose for which appropriated, except
19 that if deemed necessary such moneys may be transferred as
20 provided in subsections (3), and (4), and (5) when it is
21 determined to be in the best interest of the state.
22 Appropriations for fixed capital outlay may not be expended
23 for any other purpose, and appropriations may not be
24 transferred between state agencies, or between a state agency
25 and the judicial branch, unless specifically authorized by
26 law.
27 (b) For the 1997-1998 fiscal year only, the Department
28 of Children and Family Services and the Agency for Health Care
29 Administration may transfer general revenue funds as necessary
30 to comply with any provision of the General Appropriations Act
31 that requires or specifically authorizes the transfer of
22
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Bill No. CS for SB 832
Amendment No.
1 general revenue funds between these two agencies. This
2 paragraph is repealed on July 1, 1998.
3 (2) A lump sum appropriated for a performance-based
4 program must be distributed by the Governor for state agencies
5 or the Chief Justice for the judicial branch into the
6 traditional expenditure categories in accordance with s.
7 216.181(5)(b) s. 216.181(4)(b). At any time during the year,
8 the agency head or Chief Justice may transfer funds between
9 those categories with no limit on the amount of the transfer.
10 Authorized revisions of the original approved operating
11 budget, together with related changes, if any, must be
12 transmitted by the state agency or by the judicial branch to
13 the Executive Office of the Governor or the Chief Justice, the
14 chairs of the legislative appropriations committees, the
15 Office of Program Policy Analysis and Government
16 Accountability, and the Auditor General. Such authorized
17 revisions shall be consistent with the intent of the approved
18 operating budget, shall be consistent with legislative policy
19 and intent, and shall not conflict with specific spending
20 policies specified in the General Appropriations Act. The
21 Executive Office of the Governor shall forward a copy of the
22 revisions within 7 working days to the Comptroller for entry
23 in his or her records in the manner and format prescribed by
24 the Executive Office of the Governor in consultation with the
25 Comptroller. Authorized revisions of the original approved
26 operating budget, together with related changes, if any, must
27 be transmitted by the state agency or by the judicial branch
28 to the Comptroller for entry in his or her records in the
29 manner and format prescribed by the Executive Office of the
30 Governor in consultation with the Comptroller. A copy of such
31 revisions shall be furnished, within 7 working days, to the
23
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 Executive Office of the Governor or the Chief Justice, the
2 chairs of the legislative appropriations committees, the
3 Office of Program Policy Analysis and Government
4 Accountability, and the Auditor General. Such authorized
5 revisions shall be consistent with the intent of the approved
6 operating budget, shall be consistent with legislative policy
7 and intent, and shall not conflict with specific spending
8 policies specified in the General Appropriations Act.
9 Additionally, subsection (3) shall not apply to programs
10 operating under performance-based program budgeting where a
11 lump sum was appropriated program-performance based budgets.
12 (3) The head of each department or the Chief Justice
13 of the Supreme Court, whenever it is deemed necessary by
14 reason of changed conditions, may transfer appropriations
15 funded from identical funding sources, except appropriations
16 for fixed capital outlay, and transfer the amounts included
17 within the total original approved budget and releases as
18 furnished pursuant to ss. 216.181 and 216.192, as follows:
19 (a) Between categories of appropriations within a
20 budget entity, if no category of appropriation is increased or
21 decreased by more than 5 percent of the original approved
22 budget or $25,000, whichever is greater, by all action taken
23 under this subsection.
24 (b) Additionally, between budget entities within
25 identical categories of appropriations, if no category of
26 appropriation is increased or decreased by more than 5 percent
27 of the original approved budget or $25,000, whichever is
28 greater, by all action taken under this subsection.
29 (c) Such authorized revisions must be consistent with
30 the intent of the approved operating budget, must be
31 consistent with legislative policy and intent, and must not
24
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Bill No. CS for SB 832
Amendment No.
1 conflict with specific spending policies specified in the
2 General Appropriations Act.
3
4 Such authorized revisions, together with related changes, if
5 any, in the plan for release of appropriations, shall be
6 transmitted by the state agency or by the judicial branch to
7 the Comptroller for entry in the Comptroller's 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 revision shall be furnished to the Executive Office of the
11 Governor or the Chief Justice, the chairs of the legislative
12 committees, and the Auditor General.
13 (4) The head of each department or the Chief Justice
14 of the Supreme Court, whenever it is deemed necessary by
15 reason of changed conditions, may transfer funds, positions,
16 and salary rate within and between program budget entities
17 with performance-based program appropriations as defined in s.
18 216.011(1)(xx). Such transfers may include appropriations from
19 any operating category, except appropriations for fixed
20 capital outlay. However, the total program funds, positions,
21 and salary rate shall not be increased or decreased by more
22 than 5 percent by all action taken under this section.
23 Authorized revisions of the original approved operating
24 budget, together with related changes, if any, must be
25 transmitted by the state agency or by the judicial branch to
26 the Executive Office of the Governor or the Chief Justice, the
27 chairs of the legislative appropriations committees, the
28 Office of Program Policy Analysis and Government
29 Accountability, and the Auditor General. Such authorized
30 revisions shall be consistent with legislative policy and
31 intent, and shall not conflict with specific spending policies
25
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 specified in the General Appropriations Act. The Executive
2 Office of the Governor shall forward a copy of the revisions
3 within 7 working days to the Comptroller for entry in his or
4 her records in the manner and format prescribed by the
5 Executive Office of the Governor in consultation with the
6 Comptroller.
7 (5)(4)(a) Transfers of appropriations for operations
8 from the General Revenue Fund in excess of those provided in
9 subsections subsection (3) and (4) but within a state agency
10 or within the judicial branch may be authorized by the
11 commission for the executive branch and the Chief Justice for
12 the judicial branch, pursuant to the request of the agency
13 filed with the Executive Office of the Governor, or pursuant
14 to the request of an entity of the judicial branch filed with
15 the Chief Justice of the Supreme Court, if deemed necessary
16 and in the best interest of the state and consistent with
17 legislative policy and intent. The provisions of this
18 paragraph are subject to the notice, review, and objection
19 procedures set forth in s. 216.177.
20 (b) When an appropriation for a named fixed capital
21 outlay project is found to be in excess of that needed to
22 complete that project, at the request of the Executive Office
23 of the Governor for state agencies or the Chief Justice of the
24 Supreme Court for the judicial branch the excess may be
25 transferred, with the approval of the commission or the Chief
26 Justice, to another project for which there has been an
27 appropriation in the same fiscal year from the same fund and
28 within the same department where a deficiency is found to
29 exist. Further, a fixed capital outlay project may not be
30 initiated without a specific legislative appropriation, nor
31 may the scope of a fixed capital outlay project be changed by
26
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 the transfer of funds. The provisions of this paragraph are
2 subject to the notice, review, and objection procedures set
3 forth in s. 216.177.
4 (6)(5) Upon request of a department to, and approval
5 by, the Comptroller, funds appropriated may be transferred to
6 accounts established for disbursement purposes upon release of
7 such appropriation. Such transfer may only be made to the
8 same appropriation category and the same funding source from
9 which the funds are transferred.
10 (7)(6) Any transfers from the Working Capital Fund to
11 the General Revenue Fund may be approved provided such
12 transfers were identified or contemplated by the Legislature
13 in the original approved budget.
14 (8)(7)(a) Should any state agency or the judicial
15 branch become more than 90 days delinquent on reimbursements
16 due to the Unemployment Compensation Trust Fund, the
17 Department of Labor and Employment Security shall certify to
18 the Comptroller the amount due; and the Comptroller shall
19 transfer the amount due to the Unemployment Compensation Trust
20 Fund from any funds of the agency available.
21 (b) Should any state agency or the judicial branch
22 become more than 90 days delinquent in paying the Division of
23 Risk Management of the Department of Insurance for insurance
24 coverage, the Department of Insurance may certify to the
25 Comptroller the amount due; and the Comptroller shall transfer
26 the amount due to the Division of Risk Management from any
27 funds of the agency or the judicial branch available.
28 (9)(8) Moneys appropriated in the General
29 Appropriations Act for the purpose of paying for services
30 provided by the state communications system in the Division of
31 Communications of the Department of Management Services shall
27
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 be paid by the user agencies, or the judicial branch, within
2 45 days after the billing date. Billed amounts not paid by
3 the user agencies, or by the judicial branch, shall be
4 transferred by the Comptroller from the user agencies to the
5 Communications Working Capital Trust Fund.
6 (10)(9) The Comptroller shall report all such
7 transfers and the reasons for such transfers to the
8 legislative appropriations committees.
9 (11)(10) Where any reorganization has been authorized
10 by the Legislature and the necessary adjustments of
11 appropriations and positions have not been provided in the
12 General Appropriations Act, the Administration Commission may
13 approve, consistent with legislative policy and intent, the
14 necessary transfers to accomplish the purposes of such
15 reorganization within state agencies. The Chief Justice of
16 the Supreme Court may approve such transfers for the judicial
17 branch.
18 Section 10. Subsection (2) of section 186.022, Florida
19 Statutes, is amended to read:
20 186.022 State agency strategic plans; preparation,
21 form, and review.--
22 (2) Each agency strategic plan must be in a form and
23 manner prescribed in written instructions prepared by the
24 Executive Office of the Governor after consultation with the
25 President of the Senate and the Speaker of the House of
26 Representatives. Each agency strategic plan must identify the
27 specific legislative authority necessary to implement the
28 provisions of the plan. An agency may only implement those
29 portions of its strategic plan that are consistent with
30 existing statutory or constitutional authority and for which
31 funding, if needed, is available consistent with the
28
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 provisions of chapter 216. An agency's budget request
2 prescribed in s. 216.023(1) shall identify the financial
3 resources necessary to further the provisions of the agency's
4 strategic plan. Performance measures, as defined in s. 216.011
5 and proposed by the agency pursuant to s. 216.0166(1), must be
6 consistent with the objectives in the draft agency strategic
7 plan and shall represent 1-year implementation efforts
8 necessary to meet the 5-year agency strategic plan objectives.
9 State agency strategic plans shall be amended by the agency,
10 as necessary, to ensure consistency with the legislative
11 actions prior to the effective date of the agency strategic
12 plan.
13 Section 11. Subsection (8) of section 121.051, Florida
14 Statutes, is amended to read:
15 121.051 Participation in the system.--
16 (8) DIVISION OF REHABILITATION AND LIQUIDATION
17 EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
18 receivership employees of the Division of Rehabilitation and
19 Liquidation who are assigned to established positions and are
20 subject to established rules and regulations regarding
21 discipline, pay, classification, and time and attendance are
22 hereby declared to be state employees within the meaning of
23 this chapter and shall be compulsory members in compliance
24 with this chapter, the provisions of s. 216.011(1)(z)2. s.
25 216.011(1)(x)2., notwithstanding. Employment performed before
26 July 1, 1994, as such a receivership employee may be claimed
27 as creditable retirement service upon payment by the employee
28 or employer of contributions required in s. 121.081(1), as
29 applicable for the period claimed.
30 Section 12. Section 215.32, Florida Statutes, is
31 amended to read:
29
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 215.32 State funds; segregation.--
2 (1) All moneys received by the state shall be
3 deposited in the State Treasury unless specifically provided
4 otherwise by law and shall be deposited in and accounted for
5 by the Treasurer and the Department of Banking and Finance
6 within the following funds, which funds are hereby created and
7 established:
8 (a) General Revenue Fund.
9 (b) Trust funds.
10 (c) Working Capital Fund.
11 (d) Budget Stabilization Fund.
12 (2) The source and use of each of these funds shall be
13 as follows:
14 (a) The General Revenue Fund shall consist of all
15 moneys received by the state from every source whatsoever,
16 except as provided in paragraphs (b) and (c). Such moneys
17 shall be expended pursuant to General Revenue Fund
18 appropriations acts or transferred as provided in paragraph
19 (c). Annually, at least 5 percent of the estimated increase
20 in General Revenue Fund receipts for the upcoming fiscal year
21 over the current year General Revenue Fund effective
22 appropriations shall be appropriated for state-level capital
23 outlay, including infrastructure improvement and general
24 renovation, maintenance, and repairs.
25 (b)1. The trust funds shall consist of moneys received
26 by the state which under law or under trust agreement are
27 segregated for a purpose authorized by law. The state agency
28 or branch of state government receiving or collecting such
29 moneys shall be responsible for their proper expenditure as
30 provided by law. Upon the request of the state agency or
31 branch of state government responsible for the administration
30
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 of the trust fund, the Comptroller may establish accounts
2 within the trust fund at a level considered deemed necessary
3 for proper accountability. Once an account is established
4 within a trust fund, the Comptroller may shall authorize
5 payment from that account only upon determining that there is
6 sufficient cash and releases at the level of the account.
7 2. In order to maintain a minimum number of trust
8 funds in the State Treasury, each state agency or the judicial
9 branch may consolidate, if permitted under the terms and
10 conditions of their receipt, the trust funds administered by
11 it; provided, however, the agency or judicial branch employs
12 effectively a uniform system of accounts sufficient to
13 preserve the integrity of such trust funds; and provided,
14 further, that consolidation of trust funds is approved by the
15 Administration Commission or the Chief Justice.
16 3. All such moneys are hereby appropriated to be
17 expended in accordance with the law or trust agreement under
18 which they were received, subject always to the provisions of
19 chapter 216 relating to the appropriation of funds and to the
20 applicable laws relating to the deposit or expenditure of
21 moneys in the State Treasury.
22 4.a. Notwithstanding any provision of law restricting
23 the use of trust funds to specific purposes, unappropriated
24 cash balances from selected trust funds may be authorized by
25 the Legislature for transfer to the Budget Stabilization and
26 Working Capital Fund in the General Appropriations Act.
27 b. The provisions of This subparagraph does shall not
28 apply to trust funds required by federal programs or mandates;
29 trust funds established for bond covenants, indentures, or
30 resolutions whose revenues are legally pledged by the state or
31 public body to meet debt service or other financial
31
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 requirements of any debt obligations of the state or any
2 public body; the State Transportation Trust Fund; the trust
3 fund containing the net annual proceeds from the Florida
4 Education Lotteries; the Florida Retirement Trust Fund; trust
5 funds under the management of the Board of Regents, where such
6 trust funds are for auxiliary enterprises, self-insurance, and
7 contracts, grants, and donations, as those terms are defined
8 by general law; trust funds that serve as clearing funds or
9 accounts for the Comptroller or state agencies; trust funds
10 that account for assets held by the state in a trustee
11 capacity as an agent or fiduciary for individuals, private
12 organizations, or other governmental units; and other trust
13 funds authorized by the State Constitution.
14 (c)1. The Budget Stabilization Fund shall consist of
15 amounts equal to at least 5 percent of net revenue collections
16 for the General Revenue Fund during the last completed fiscal
17 year. The Budget Stabilization Fund's principal balance shall
18 not exceed an amount equal to 10 percent of the last completed
19 fiscal year's net revenue collections for the General Revenue
20 Fund. As used in this paragraph, the term "last completed
21 fiscal year" means the most recently completed fiscal year
22 prior to the regular legislative session at which the
23 Legislature considers the General Appropriations Act for the
24 year in which the transfer to the Budget Stabilization Fund
25 must be made under this paragraph.
26 2. By September 15 of each year, the Governor shall
27 authorize the Comptroller to transfer, and the Comptroller
28 shall transfer pursuant to appropriations made by law, to the
29 Budget Stabilization Fund the amount of money needed for the
30 balance of that fund to equal the amount specified in
31 subparagraph 1., less any amounts expended and not restored.
32
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 The moneys needed for this transfer may be appropriated by the
2 Legislature from any funds.
3 3. Unless otherwise provided in this subparagraph, an
4 expenditure from the Budget Stabilization Fund must be
5 restored pursuant to a restoration schedule that provides for
6 making five equal annual transfers from the General Revenue
7 Fund, beginning in the fiscal year following that in which the
8 expenditure was made. For any Budget Stabilization Fund
9 expenditure, the Legislature may establish by law a different
10 restoration schedule and such change may be made at any time
11 during the restoration period. Moneys are hereby appropriated
12 for transfers pursuant to this subparagraph.
13 4. The Budget Stabilization Fund and the Working
14 Capital Fund may be used as revolving funds for transfers as
15 provided in s. 18.125; however, any interest earned must be
16 deposited in the General Revenue Fund.
17 (d) The Working Capital Fund shall consist of moneys
18 in the General Revenue Fund which are in excess of the amount
19 needed to meet General Revenue Fund appropriations for the
20 current fiscal year. Each year, no later than the publishing
21 date of the annual financial statements for the state by the
22 Comptroller under s. 216.102, funds shall be transferred
23 between the Working Capital Fund and the General Revenue Fund
24 to establish the balance of the Working Capital Fund for that
25 fiscal year at the amount determined pursuant to this
26 paragraph.
27 1. The amount of moneys in the General Revenue Fund
28 shall be determined at the beginning of the fiscal year based
29 on the Revenue Estimating Conference's estimate of funds
30 available. This amount shall be adjusted upon determination
31 of the previous year's appropriations which remain unspent
33
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 after certifications are completed pursuant to s. 216.301.
2 2. The Working Capital Fund shall consist of an
3 amount, not more than 10 percent of the amount of net revenue
4 of the General Revenue Fund for the preceding fiscal year,
5 which accrues from moneys in the General Revenue Fund which
6 are in excess of the amount needed to meet the General Revenue
7 Fund appropriations acts. The Legislature shall have as a goal
8 that the Working Capital Fund for fiscal year 1994-1995 have
9 not less than 2 percent of the amount of net revenue of the
10 General Revenue Fund for the preceding fiscal year, that the
11 Working Capital Fund for fiscal year 1995-1996 have not less
12 than 3 percent of the amount of net revenue of the General
13 Revenue Fund for the preceding fiscal year, that the Working
14 Capital Fund for fiscal year 1996-1997 have not less than 4
15 percent of the amount of net revenue of the General Revenue
16 Fund for the preceding fiscal year, and that the Working
17 Capital Fund for fiscal year 1997-1998 and each fiscal year
18 thereafter have not less than 5 percent of the amount of net
19 revenue of the General Revenue Fund for the preceding fiscal
20 year. By September 15 of each year, the Executive Office of
21 the Governor shall transfer the excess funds that are in the
22 General Revenue Fund to the Working Capital Fund. Whenever the
23 Governor determines that revenue collections in the General
24 Revenue Fund will be insufficient to meet General Revenue Fund
25 appropriations, he or she shall certify the amount of the
26 deficit and transfer up to the amount specified in the General
27 Appropriations Act from the Working Capital Fund to the
28 General Revenue Fund pursuant to s. 216.221. When not required
29 to meet General Revenue Fund appropriations, such moneys shall
30 be used as a revolving fund for transfers as provided by s.
31 215.18; and when the Comptroller determines that such moneys
34
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 are not needed for either type of transfer, they may be
2 temporarily invested as provided in s. 18.125.
3 3. The provisions of subparagraph 1. notwithstanding,
4 the Comptroller shall pay from the Working Capital Fund such
5 claims as are authorized pursuant to s. 265.55.
6 Section 13. Subsections (2), (5), and (7) of section
7 216.221, Florida Statutes, are amended to read:
8 216.221 Appropriations as maximum appropriations;
9 adjustment of budgets to avoid or eliminate deficits.--
10 (2) The Legislature shall annually provide direction
11 in the General Appropriations Act regarding use of the Budget
12 Stabilization Fund and Working Capital Fund to offset General
13 Revenue Fund deficits.
14 (5)(a) If, in the opinion of the Governor, after
15 consultation with the Revenue Estimating Conference, a deficit
16 will occur in the General Revenue Fund, he or she shall so
17 certify to the commission and to the Chief Justice of the
18 Supreme Court. No more than 30 days after certifying that a
19 deficit will occur in the General Revenue Fund, the Governor
20 shall develop for the executive branch, and the Chief Justice
21 of the Supreme Court shall develop for the judicial branch,
22 and provide to the commission and to the Legislature plans of
23 action to eliminate the deficit.
24 (b) In developing a plan of action to prevent deficits
25 in accordance with subsection (7), the Governor and Chief
26 Justice shall, to the extent possible, preserve legislative
27 policy and intent, and, absent any specific direction to the
28 contrary in the General Appropriations Act, the Governor and
29 Chief Justice shall comply with the following guidelines for
30 reductions in the approved operating budgets of the executive
31 branch and the judicial branch:
35
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 1. Entire statewide programs previously established by
2 the Legislature should not be eliminated.
3 2. Education budgets should not be reduced more than
4 provided for in s. 215.16(2).
5 3. The use of nonrecurring funds to solve recurring
6 deficits should be minimized.
7 4. Newly created programs that are not fully
8 implemented and programs with critical audits should receive
9 first consideration for reductions.
10 5. No agencies or branches of government receiving
11 appropriations should be exempt from reductions.
12 6. When reductions in positions are required, the
13 focus should be initially on vacant positions.
14 7. Any reductions applied to all agencies and branches
15 should be uniformly applied.
16 8. Reductions that would cause substantial losses of
17 federal funds should be minimized.
18 9. To the greatest extent possible, across-the-board,
19 prorated reductions should be considered.
20 10. Reductions to statewide programs should occur only
21 after review of programs that provide only local benefits.
22 11. Reductions in administrative and support functions
23 should be considered before reductions in direct-support
24 services.
25 12. Maximum reductions should be considered in budgets
26 for expenses including travel and in budgets for equipment
27 replacement, outside consultants, and contracts.
28 13. Reductions in salaries for elected state officials
29 should be considered.
30 14. Reductions that adversely affect the public
31 health, safety, and welfare should be minimized.
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 15. The Budget Stabilization Fund Working Capital Fund
2 should not be reduced to a level that would impair the
3 financial stability of this state.
4 16. Reductions in programs that are traditionally
5 funded by the private sector and that may be assumed by
6 private enterprise should be considered.
7 17. Reductions in programs that are duplicated among
8 state agencies or branches of government should be considered.
9 (7) Deficits in the General Revenue Fund that do not
10 meet the amounts specified by subsection (6) shall be resolved
11 by the commission for the executive branch and the Chief
12 Justice of the Supreme Court for the judicial branch. The
13 commission and Chief Justice shall implement any directions
14 provided in the General Appropriations Act related to
15 eliminating deficits and to reducing reduce agency and
16 judicial branch budgets, including the use of those
17 legislative appropriations voluntarily placed in reserve. In
18 addition, the commission shall implement any directions in the
19 General Appropriations Act relating to the resolution of use
20 of the Working Capital Fund in deficit situations. When
21 reducing state agency or judicial branch budgets, the
22 commission or the Chief Justice, respectively, shall use the
23 guidelines prescribed in subsection (5). The Executive Office
24 of the Governor for the commission, and the Chief Justice for
25 the judicial branch, shall implement the deficit reduction
26 plans through amendments to the approved operating budgets in
27 accordance with s. 216.181.
28 Section 14. Subsections (1) and (2) of section 252.37,
29 Florida Statutes, are amended to read:
30 252.37 Financing.--
31 (1) It is the intent of The Legislature intends and
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 declares it declared to be the policy of the state that funds
2 to be prepared for and meet emergencies shall always be
3 available.
4 (2) It is the legislative intent that the first
5 recourse shall be made to funds regularly appropriated to
6 state and local agencies. If the Governor finds that the
7 demands placed upon these funds in coping with a particular
8 disaster are unreasonably great, she or he may make funds
9 available by transferring and expending moneys appropriated
10 for other purposes, by transferring and expending moneys or
11 out of any unappropriated surplus funds, or from the Budget
12 Stabilization Fund or Working Capital Fund.
13 Section 15. Paragraph (b) of subsection (2) of section
14 20.055, Florida Statutes, is amended to read:
15 20.055 Agency inspectors general.--
16 (2) The Office of Inspector General is hereby
17 established in each state agency to provide a central point
18 for coordination of and responsibility for activities that
19 promote accountability, integrity, and efficiency in
20 government. It shall be the duty and responsibility of each
21 inspector general, with respect to the state agency in which
22 the office is established, to:
23 (b) Assess the reliability and validity of the
24 information provided by the state agency on performance
25 measures and standards, and make recommendations for
26 improvement, if necessary, prior to submission of those
27 measures and standards to the Executive Office of the Governor
28 pursuant to s. 216.0166(1).
29 Section 16. Subsection (3) of section 212.081, Florida
30 Statutes, and subsection (5) of section 186.021, Florida
31 Statutes, are repealed.
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1
2 (Redesignate subsequent sections.)
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 1, lines 2 and 3, delete those lines
8
9 and insert:
10 An act relating to public business and
11 financial matters; amending s. 216.011, F.S.;
12 defining the terms "disincentive," "incentive,"
13 "performance-based program appropriation," and
14 "performance ledger" for purposes of budgeting
15 and state fiscal affairs; amending s. 216.0166,
16 F.S.; revising guidelines and requirements for
17 state agencies in submitting performance-based
18 budget requests, programs, and performance
19 measures; amending s. 216.0172, F.S.; revising
20 the schedule for submission of
21 performance-based program budget legislative
22 budget requests; amending s. 216.0235, F.S.;
23 requiring that additional information be
24 included in program budget instructions;
25 amending s. 216.031, F.S.; revising information
26 to be contained in legislative budget requests;
27 amending s. 216.163, F.S.; prescribing
28 additional incentives and disincentives that
29 may be included in the Governor's recommended
30 budget; amending s. 216.167, F.S.; requiring
31 that the Governor's recommendations include a
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SENATE AMENDMENT
Bill No. CS for SB 832
Amendment No.
1 financial schedule that provides information on
2 revenues in the Budget Stabilization Fund;
3 amending s. 216.178, F.S.; providing a date for
4 the final budget report; amending s. 216.292,
5 F.S.; providing an exception to nontransferable
6 appropriations; amending 186.022, F.S.;
7 revising requirements for state agency
8 strategic plans; amending s. 121.051, F.S.;
9 conforming a cross-reference to changes made by
10 the act; amending s. 215.32, F.S.; including
11 the Budget Stabilization Fund in the list of
12 funds in which state moneys are deposited;
13 amending s. 216.221, F.S.; providing
14 legislative intent for use of the Budget
15 Stabilization Fund; amending s. 20.055, F.S.;
16 requiring inspectors general to review and
17 assess the validity of performance measures
18 prior to submission to the Executive Office of
19 the Governor; amending s. 252.37, F.S.;
20 providing legislative intent regarding the
21 order of recourse in use of state funds for
22 emergencies; repealing s. 186.021(5), F.S.,
23 relating to state agency strategic plans;
24 repealing s. 212.081(3), F.S., relating to
25 legislative intent; amending s. 186.021, F.S.;
26
27
28
29
30
31
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