Senate Bill 0832e1
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    CS for SB 832                                  First Engrossed
  1                      A bill to be entitled
  2         An act relating to public business and
  3         financial matters; amending s. 216.011, F.S.;
  4         defining 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.;
                                  1
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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; amending s. 186.021, F.S.;
18         providing that certain information resources
19         management projects are not required in agency
20         strategic plans; amending s. 216.181, F.S.;
21         providing that certain information resource
22         management projects are not subject to the
23         mandatory notice and review requirements for
24         amendments to agencies' original approved
25         operating budgets; amending s. 186.022, F.S.;
26         providing that certain coordinating councils
27         and boards are required to develop annual
28         performance reports; amending s. 282.3063,
29         F.S.; modifying the date for submission of the
30         Agency Annual Information Resources Management
31         Report; amending s. 282.310, F.S.; modifying
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  1         the date by which the State Annual Report on
  2         Information Resources Management must be
  3         developed; requiring the inclusion of specified
  4         information within the report; amending s.
  5         282.3091, F.S.; authorizing members of the
  6         State Technology Council to appoint designees
  7         to serve on their behalf; amending s. 282.322,
  8         F.S.; requiring the submission of quarterly
  9         reports for information resource projects
10         designated for special monitoring; providing an
11         additional recipient of project monitors' final
12         reports; amending s. 282.404, F.S.; removing
13         the chair of the Geographic Information
14         Advisory Council as an ex officio member of the
15         Geographic Information Board; requiring the
16         chair to attend all meetings of the Geographic
17         Information Board on behalf of the council;
18         revising duties of the Geographic Information
19         Board; providing that the board shall serve as
20         coordinator for census activities; amending s.
21         215.96, F.S.; providing a technical correction;
22         providing an effective date.
23
24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  Subsection (1) of section 216.011, Florida
27  Statutes, is amended to read:
28         216.011  Definitions.--
29         (1)  For the purpose of fiscal affairs of the state,
30  appropriations acts, legislative budgets, and approved
31
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    CS for SB 832                                  First Engrossed
  1  budgets, each of the following terms has the meaning
  2  indicated:
  3         (a)  "Annual salary rate" means the salary estimated to
  4  be paid or actually paid a position or positions on an
  5  annualized basis.  In calculating salary rate, a vacant
  6  position shall be calculated at the minimum of the pay grade
  7  for that position.
  8         (b)  "Appropriation" means a legal authorization to
  9  make expenditures for specific purposes within the amounts
10  authorized in the appropriations act.
11         (c)  "Appropriations act" means the authorization of
12  the Legislature, based upon legislative budgets or based upon
13  legislative findings of the necessity for an authorization
14  when no legislative budget is filed, for the expenditure of
15  amounts of money by an agency, the judicial branch, and the
16  legislative branch for stated purposes in the performance of
17  the functions it is authorized by law to perform.
18         (d)  "Authorized position" means a position included in
19  an approved budget.  In counting the number of authorized
20  positions, part-time positions shall be converted to full-time
21  equivalents.
22         (e)  "Budget entity" means a unit or function at the
23  lowest level to which funds are specifically appropriated in
24  the appropriations act.
25         (f)  "Consultation" means to deliberate and seek advice
26  in an open and forthright manner with the full committee, a
27  subcommittee thereof, the chair, or the staff as deemed
28  appropriate by the chair of the respective appropriations
29  committee.
30         (g)  "Continuing appropriation" means an appropriation
31  automatically renewed without further legislative action,
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  1  period after period, until altered or revoked by the
  2  Legislature.
  3         (h)  "Data processing services" means electronic data
  4  processing services provided by or to state agencies or the
  5  judicial branch, which services include, but are not limited
  6  to, systems design, software development, or time-sharing by
  7  other governmental units or budget entities.
  8         (i)  "Disbursement" means the payment of an
  9  expenditure.
10         (j)  "Disincentive" means a sanction as described in s.
11  216.163.
12         (k)(j)  "Established position" means an authorized
13  position which has been classified in accordance with a
14  classification and pay plan as provided by law.
15         (l)(k)  "Expenditure" means the creation or incurring
16  of a legal obligation to disburse money.
17         (m)(l)  "Expense" means the usual, ordinary, and
18  incidental expenditures by an agency or the judicial branch,
19  including, but not limited to, such items as contractual
20  services, commodities, and supplies of a consumable nature,
21  current obligations, and fixed charges, and excluding
22  expenditures classified as operating capital outlay.  Payments
23  to other funds or local, state, or federal agencies are
24  included in this budget classification of expenditures.
25         (n)(m)  "Fiscal year of the state" means a period of
26  time beginning July 1 and ending on the following June 30,
27  both dates inclusive.
28         (o)(n)  "Fixed capital outlay" means real property
29  (land, buildings, including appurtenances, fixtures and fixed
30  equipment, structures, etc.), including additions,
31  replacements, major repairs, and renovations to real property
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  1  which materially extend its useful life or materially improve
  2  or change its functional use and including furniture and
  3  equipment necessary to furnish and operate a new or improved
  4  facility, when appropriated by the Legislature in the fixed
  5  capital outlay appropriation category.
  6         (p)(o)  "Full-time position" means a position
  7  authorized for the entire normally established work period,
  8  daily, weekly, monthly, or annually.
  9         (q)(p)  "Grants and aids" means contributions to units
10  of governments or nonprofit organizations to be used for one
11  or more specified purposes, activities, or facilities.  Funds
12  appropriated under this category may be advanced.
13         (r)  "Incentive" means a mechanism, as described in s.
14  216.163, for recognizing the achievement of performance
15  standards or for motivating performance that exceeds
16  performance standards.
17         (s)(q)  "Independent judgment" means an evaluation of
18  actual needs made separately and apart from the legislative
19  budget request of any other agency or of the judicial branch,
20  or any assessments by the Governor.  Such evaluation shall not
21  be limited by revenue estimates of the Revenue Estimating
22  Conference.
23         (t)(r)  "Judicial branch" means all officers,
24  employees, and offices of the Supreme Court, district courts
25  of appeal, circuit courts, county courts, and the Judicial
26  Qualifications Commission.
27         (u)(s)  "Legislative branch" means the various
28  officers, committees, and other units of the legislative
29  branch of state government.
30         (v)(t)  "Legislative budget" means a request to the
31  Legislature, filed pursuant to s. 216.023, or supplemental
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  1  detailed requests filed with the Legislature, for the amounts
  2  of money such agency or branch believes will be needed in the
  3  performance of the functions that it is authorized, or which
  4  it is requesting authorization by law, to perform.
  5         (w)(u)  "Lump-sum appropriation" means funds
  6  appropriated to accomplish a specific activity or project
  7  which must be transferred to one or more appropriation
  8  categories for expenditure.
  9         (x)(v)  "Operating capital outlay" means equipment,
10  fixtures, and other tangible personal property of a
11  nonconsumable and nonexpendable nature, the value or cost of
12  which is $500 or more and the normal expected life of which is
13  1 year or more, and hardback-covered bound books that are
14  circulated to students or the general public, the value or
15  cost of which is $25 or more, and hardback-covered bound
16  books, the value or cost of which is $100 or more.
17         (y)(w)  "Original approved budget" means the approved
18  plan of operation of an agency or of the judicial branch
19  consistent with the General Appropriations Act or special
20  appropriations acts.
21         (z)(x)  "Other personal services" means the
22  compensation for services rendered by a person who is not a
23  regular or full-time employee filling an established position.
24  This definition includes, but is not limited to, services of
25  temporary employees, student or graduate assistants, persons
26  on fellowships, part-time academic employees, board members,
27  and consultants and other services specifically budgeted by
28  each agency, or by the judicial branch, in this category.
29         1.  In distinguishing between payments to be made from
30  salaries appropriations and other-personal-services
31  appropriations, those persons filling established positions
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    CS for SB 832                                  First Engrossed
  1  shall be paid from salaries appropriations and those persons
  2  performing services for a state agency or for the judicial
  3  branch, but who are not filling established positions, shall
  4  be paid from other-personal-services appropriations.
  5         2.  It is further intended that those persons paid from
  6  salaries appropriations shall be state officers or employees
  7  and shall be eligible for membership in a state retirement
  8  system and those paid from other-personal-services
  9  appropriations shall not be eligible for such membership.
10         (aa)(y)  "Part-time position" means a position
11  authorized for less than the entire normally established work
12  period, daily, weekly, monthly, or annually.
13         (bb)(z)  "Pay plan" means a document which formally
14  describes the philosophy, methods, procedures, and salary
15  schedule for compensating employees for work performed.
16         (cc)(aa)  "Perquisites" means those things, or the use
17  thereof, or services of a kind which confer on the officers or
18  employees receiving same some benefit that is in the nature of
19  additional compensation, or which reduces to some extent the
20  normal personal expenses of the officer or employee receiving
21  the same, and shall include, but not be limited to, such
22  things as quarters, subsistence, utilities, laundry services,
23  medical service, use of state-owned vehicles for other than
24  state purposes, servants paid by the state, and other similar
25  things.
26         (dd)(bb)  "Position" means the work, consisting of
27  duties and responsibilities, assigned to be performed by an
28  officer or employee.
29         (ee)(cc)  "Position number" means the identification
30  number assigned to an established position.
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  1         (ff)(dd)  "Program component" means an aggregation of
  2  generally related objectives which, because of their special
  3  character, related workload, and interrelated output, can
  4  logically be considered an entity for purposes of
  5  organization, management, accounting, reporting, and
  6  budgeting.
  7         (gg)(ee)  "Proviso" means language that qualifies or
  8  restricts a specific appropriation and which can be logically
  9  and directly related to the specific appropriation.
10         (hh)(ff)  "Reclassification" means changing an
11  established position in one class in a series to the next
12  higher or lower class in the same series or to a class in a
13  different series which is the result of a natural change in
14  the duties and responsibilities of the position.
15         (ii)(gg)  "Revolving fund" means a cash fund maintained
16  within or outside of the State Treasury and established from
17  an appropriation, to be used by an agency or the judicial
18  branch in making authorized expenditures.
19         (jj)(hh)  "Salary" means the cash compensation for
20  services rendered for a specific period of time.
21         (kk)(ii)  "Salary schedule" means an official document
22  which contains a complete list of classes and their assigned
23  salary ranges.
24         (ll)(jj)  "Special category" means amounts appropriated
25  for a specific need or classification of expenditures.
26         (mm)(kk)  "State agency" or "agency" means any
27  official, officer, commission, board, authority, council,
28  committee, or department of the executive branch of state
29  government.  For purposes of this chapter and chapter 215,
30  "state agency" or "agency" includes state attorneys, public
31
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  1  defenders, the Capital Collateral Representative, and the
  2  Justice Administrative Commission.
  3         (nn)(ll)  "State revenue sharing" means statutory or
  4  constitutional distributions to local units of government.
  5         (oo)(mm)  "Title of position," or "class of positions"
  6  means the official name assigned to a position or class of
  7  positions.
  8         (pp)(nn)  "Grants and Aids to Local Governments and
  9  Nonprofit Organizations-Fixed Capital Outlay" means that
10  appropriation category which includes:
11         1.  Grants to local units of governments and nonprofit
12  organizations for the acquisition of real property (land,
13  buildings, including appurtenances, fixtures and fixed
14  equipment, structures, etc.); additions, replacements, major
15  repairs, and renovations to real property which materially
16  extend its useful life or materially improve or change its
17  functional use; and operating capital outlay necessary to
18  furnish and operate a new or improved facility; and
19         2.  Grants to local units of government for their
20  respective infrastructure and growth management needs related
21  to local government comprehensive plans.
22
23  Funds appropriated under this category may be advanced in part
24  or in whole.
25         (qq)(oo)  "Baseline data" means indicators of a state
26  agency's current performance level, pursuant to guidelines
27  established by the Executive Office of the Governor, in
28  consultation with legislative appropriations and appropriate
29  substantive committees.
30         (rr)(pp)  "Outcome" means an indicator of the actual
31  impact or public benefit of a program.
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  1         (ss)(qq)  "Output" means the actual service or product
  2  delivered by a state agency.
  3         (tt)(rr)  "Performance-based program budget" means a
  4  budget that incorporates approved programs and performance
  5  measures.
  6         (uu)(ss)  "Performance measure" means a quantitative or
  7  qualitative indicator used to assess state agency performance.
  8         (vv)(tt)  "Program" means a set of activities
  9  undertaken in accordance with a plan of action organized to
10  realize identifiable goals and objectives based on legislative
11  authorization.
12         (ww)(uu)  "Standard" means the level of performance of
13  an outcome or output.
14         (xx)  "Performance-based program appropriation" means
15  funds appropriated for a specific set of activities or
16  classification of expenditure within an approved
17  performance-based program.
18         (yy)  "Performance ledger" means the official
19  compilation of information about state agency
20  performance-based programs and measures, including approved
21  programs, approved outputs and outcomes, baseline data,
22  approved standards for each performance measure and any
23  approved adjustments thereto, as well as actual agency
24  performance for each measure.
25         Section 2.  Section 216.0166, Florida Statutes, is
26  amended to read:
27         216.0166  Submission by state agencies of
28  performance-based budget requests, programs, and performance
29  measures.--
30         (1)  Prior to September 1 October 15 of the fiscal year
31  prior to in which a state agency is required to submit a
                                  11
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    CS for SB 832                                  First Engrossed
  1  performance-based program budget request pursuant to s.
  2  216.0172, such state agency shall identify and submit to the
  3  Executive Office of the Governor a list of proposed state
  4  agency programs and performance measures. The agency may also
  5  provide a list of statutes or rules affecting its performance
  6  which may be addressed as incentives or disincentives for the
  7  performance-based program budget.  The list should be
  8  accompanied by recommended legislation to implement the
  9  requested changes for potential incentives. Such
10  identification shall be conducted after discussion with
11  legislative appropriations and appropriate substantive
12  committees and shall be approved by the Executive Office of
13  the Governor. State agencies selected by the Governor pursuant
14  to s. 216.0172(1) shall submit such lists prior to May 15,
15  1994. The Executive Office of the Governor, after discussion
16  with legislative appropriations and appropriate substantive
17  committees and the Office of Program Policy Analysis and
18  Government Accountability, shall review the list of programs
19  and performance measures, may make any changes or require the
20  agency to resubmit the list, and shall make a final
21  recommendation of programs and associated performance measures
22  to the Legislature approve or disapprove a list within 60 30
23  days after of receipt, to be used in the preparation and
24  submission of the state agency's final legislative budget
25  request pursuant to s. 216.023(5). The Executive Office of the
26  Governor may also recommend legislation to implement any or
27  all of the proposed incentives.  Agencies continuing under
28  performance-based program budgeting may provide as part of
29  their legislative budget request a list of statutes or rules
30  affecting their program performance which may be addressed as
31  incentives or disincentives for the performance-based program
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  1  budget.  The Executive Office of the Governor shall provide
  2  the approved program list to the Legislature.
  3         (2)  The following documentation shall accompany the
  4  list of proposed programs and measures submitted by the state
  5  agency:
  6         (a)  The constitutional or statutory direction and
  7  authority for each program.
  8         (b)  Identification of the customers, clients, and
  9  users of each program.
10         (c)  The purpose of each program or the benefit derived
11  by the customers, clients, and users of the program.
12         (d)  Direct and indirect costs of each program.
13         (e)  Information on fees collected and the adequacy of
14  those fees in funding each program for which the fees are
15  collected.
16         (e)(f)  An assessment of whether each program is
17  conducive to performance-based program budgeting.
18         (f)(g)  An assessment of the time needed to develop
19  meaningful performance measures for each program.
20         (g)  Any proposed legislation necessary to implement
21  the incentives or disincentives requested pursuant to this
22  subsection.
23         (h)  A comparison of the agency's existing budget
24  structure to the proposed budget structure.
25         (i)  A description of the use of performance measures
26  in agency decisionmaking, agency actions to allocate funds and
27  manage programs, and the agency strategic plan.
28         (3)  The Executive Office of the Governor, after
29  discussion with legislative appropriations committees,
30  appropriate substantive committees, and the Legislative
31  Auditing Committee, shall jointly develop instructions for the
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    CS for SB 832                                  First Engrossed
  1  development of performance measures for each program on the
  2  list approved pursuant to this section and shall submit such
  3  instructions to the state agencies prior to December 1 of the
  4  fiscal year preceding the year in which a state agency is
  5  required to submit a performance-based program budget request
  6  pursuant to s. 216.0172.
  7         (4)  Prior to June 1, each state agency is required to
  8  submit to the executive Office of the Governor performance
  9  measures for each program on the approved list required
10  pursuant to subsection (1). State agencies shall also identify
11         (j)  The outputs produced by each proposed approved
12  program, the outcomes resulting from each proposed approved
13  program, and baseline data associated with each performance
14  measure. Agencies must submit documentation for each output
15  and outcome measure which explains the validity, reliability,
16  and appropriateness of each performance measure. Such
17  documentation must be prepared by the agency in consultation
18  with its inspector general. Performance measures shall be
19  reviewed, after discussion with legislative appropriations and
20  appropriate substantive committees and the Office of Program
21  Policy Analysis and Government Accountability, revised as
22  necessary, and approved or disapproved by the Executive Office
23  of the Governor within 30 days of receipt. For those state
24  agencies selected by the Governor pursuant to s. 216.0172(1),
25  performance measures, outputs, outcomes, and baseline data
26  shall be submitted prior to July 1, 1994.
27         (3)(5)  The agency shall submit a performance-based
28  program legislative budget request pursuant to s. 216.0172,
29  using the programs and performance measures adopted by the
30  Legislature, or, if none are adopted, those recommended by the
31  Executive Office of the Governor. Notwithstanding the
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  1  programs, performance measures, and standards requested in
  2  each state agency's final legislative budget request or the
  3  Governor's budget recommendations, the Legislature shall have
  4  final approval of all programs, performance measures, and
  5  standards through the General Appropriations Act or
  6  legislation implementing the General Appropriations Act.
  7         (6)  Each state agency shall submit documentation to
  8  the Executive Office of the Governor regarding the validity,
  9  reliability, and appropriateness of each performance measure.
10  In addition, each state agency shall indicate how the
11  performance measure relates to its strategic plan and how it
12  is used in management decisionmaking and other agency
13  processes.
14         (4)(7)  Annually, no later than 45 days after the
15  General Appropriations Act becomes law, state agencies may
16  submit to the Executive Office of the Governor any adjustments
17  to their performance standards based on the amounts
18  appropriated for each program by the Legislature. When such
19  adjustment is made, all performance standards, including any
20  adjustments made, shall be submitted to and reviewed and
21  revised as necessary by the Executive Office of the Governor,
22  and, upon approval, submitted to the Legislature pursuant to
23  the review and approval process provided in s. 216.177. The
24  Executive Office of the Governor shall maintain both the
25  official record of adjustments to the performance standards as
26  part of the agency's approved operating budget and the
27  official performance ledger.
28         (5)(8)  A state agency operating under a
29  performance-based program budget pursuant to s. 216.0172 shall
30  not have the authority to amend approved or establish programs
31  or performance measures. However, a state agency may propose
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  1  revisions a revision to the list of approved programs or
  2  performance measures used in its legislative budget request.
  3  Such revisions are revision is subject to review and approval
  4  by the Executive Office of the Governor and the Legislature
  5  and shall be submitted to the Executive Office of the Governor
  6  prior to February 1 April 15 of the year in which the state
  7  agency proposes intends to incorporate these changes into its
  8  legislative budget request. The submission must include the
  9  documentation required by s. 216.0166(2), where applicable.
10  The Executive Office of the Governor shall have 30 days to
11  review act on the proposed revisions and make a recommendation
12  to the Legislature. All approved revisions must Revised
13  performance measures, standards, and baseline data shall be
14  submitted along with the agency's preliminary legislative
15  budget request. Any new programs or performance measures
16  proposed by the agency must be submitted pursuant to s.
17  216.0166(1) and must include the documentation required by s.
18  216.0166(2), where applicable.
19         Section 3.  Section 216.0172, Florida Statutes, is
20  amended to read:
21         216.0172  Schedule for submission of performance-based
22  program budgets.--In order to implement the provisions of
23  chapter 94-249, Laws of Florida, state agencies shall submit
24  performance-based program budget legislative budget requests
25  budgets for programs approved pursuant to s. 216.0166 to the
26  Executive Office of the Governor and the Legislature based on
27  the following schedule:
28         (1)  By September 1, 1994, for the 1995-1996 fiscal
29  year, two state agencies selected by the Governor, subject to
30  the review and approval process pursuant to s. 216.177.
31
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    CS for SB 832                                  First Engrossed
  1         (2)  By September 1, 1995, for the 1996-1997 fiscal
  2  year:
  3         (a)  Department of Education (Community Colleges).
  4         (b)  Department of Health and Rehabilitative Services
  5  (Alcohol, Drug Abuse, Mental Health).
  6         (c)  Department of Labor and Employment Security.
  7         (d)  Department of Law Enforcement.
  8         (e)  Department of Management Services.
  9         (f)  Division of Retirement.
10         (3)  By September 1, 1996, for the 1997-1998 fiscal
11  year, by the following:
12         (a)  Agency for Health Care Administration.
13         (b)  Department of Education (State University System).
14         (c)  Game and Fresh Water Fish Commission.
15         (d)  Department of Highway Safety and Motor Vehicles.
16         (e)  Department of Revenue.
17         (f)  Department of State.
18         (g)  Department of Transportation.
19         (4)  By September 1, 1997, for the 1998-1999 fiscal
20  year, by the following:
21         (a)  Department of Banking and Finance.
22         (b)  Department of Corrections.
23         (c)  Department of Education (Public Schools).
24         (d)  Department of Environmental Protection.
25         (e)  Executive Office of the Governor.
26         (f)  Department of Children and Family Health and
27  Rehabilitative Services.
28         (g)  Department of Legal Affairs.
29         (h)  Department of Juvenile Justice.
30         (5)  By September 1, 1998, for the 1999-2000 fiscal
31  year, by the following:
                                  17
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    CS for SB 832                                  First Engrossed
  1         (a)  Department of Agriculture and Consumer Services.
  2         (b)  Department of Commerce.
  3         (b)(c)  Department of Elderly Affairs.
  4         (c)(d)  Department of the Lottery.
  5         (d)(e)  Department of Military Affairs.
  6         (6)  By September 1, 1999, for the 2000-2001 fiscal
  7  year, by the following:
  8         (a)  Division of Administrative Hearings.
  9         (b)  Department of Business and Professional
10  Regulation.
11         (c)  Parole and Probation Commission.
12         (d)  Public Service Commission.
13         (e)  Department of Health.
14         (f)  Department of Education (all remaining programs).
15         (7)  By September 1, 2000, for the 2001-2002 fiscal
16  year, by the following:
17         (a)  Department of Citrus.
18         (b)  Department of Community Affairs.
19         (c)  Department of Insurance.
20         (d)  Department of Veterans' Affairs.
21         (e)  State attorneys.
22         (f)  Public defenders.
23         (g)  Justice Administrative Commission and capital
24  collateral counsel.
25         (8)  Any new agency or portion thereof created after
26  September 1, 2000, shall submit a performance-based program
27  budget request for programs approved pursuant to s. 216.0166
28  to the Executive Office of the Governor and the Legislature by
29  September 1 of the year following the creation of the agency
30  or portion thereof.
31
                                  18
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    CS for SB 832                                  First Engrossed
  1         (9)(8)  The schedule set forth in subsections (2)
  2  through (7) may be amended by the Legislative Auditing
  3  Committee, the General Appropriations Act, or upon the
  4  recommendation of the Governor, which recommendation is
  5  subject to the review and approval process provided in s.
  6  216.177.
  7         (10)  Beginning in fiscal year 1998-1999, the Executive
  8  Office of the Governor shall, for any agency that fails to
  9  meet the requirements set forth in s. 216.0166 according to
10  the schedule set forth in s. 216.0172 or within three years
11  thereafter, recommend programs and performance measures to the
12  Legislature on behalf of that agency.
13         Section 4.  Subsection (3) of section 216.0235, Florida
14  Statutes, is amended to read:
15         216.0235  Performance-based legislative program budget
16  requests to be furnished by agencies.--
17         (3)  The Executive Office of the Governor and the
18  legislative appropriations committees shall jointly develop
19  legislative program budget instructions from which each agency
20  that has an approved program and the judicial branch, pursuant
21  to ss. 216.0166 and 216.043, shall prepare its legislative
22  program budget request. The program budget instructions must
23  be consistent with s. 216.141 and must be transmitted to each
24  agency and to the judicial branch no later than June 15 of
25  each year. The budget instructions must also include
26  instructions for agencies in submitting performance measures
27  and standards as required by s. 216.0166. In the event that
28  agreement cannot be reached between the Executive Office of
29  the Governor and the legislative appropriations committees
30  regarding legislative program budget instructions, the issue
31
                                  19
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    CS for SB 832                                  First Engrossed
  1  shall be resolved by the Governor, the President of the
  2  Senate, and the Speaker of the House of Representatives.
  3         Section 5.  Subsection (11) of section 216.031, Florida
  4  Statutes, is amended and subsection (12) is added to that
  5  section to read:
  6         216.031  Budgets for operational expenditures.--A
  7  legislative budget request, reflecting the independent
  8  judgment of the head of the state agency, and of the Chief
  9  Justice of the Supreme Court, with respect to the needs of the
10  agency and the judicial branch for operational expenditures
11  during the next fiscal year, shall be submitted by each head
12  of a state agency and by the Chief Justice of the Supreme
13  Court and shall contain the following:
14         (11)  For performance-based program budgets, the
15  baseline data, outcome measures outcomes, output performance
16  measures, and standards for program measures current programs,
17  including justification for those programs in the format
18  required by the legislative budget instructions.
19         (12)  A prioritized listing of planned expenditures for
20  review and possible reduction in the event of revenue
21  shortfalls, as provided for in s. 216.221. Such list shall be
22  in the format provided in the planning and budgeting
23  instructions.
24
25  Either chair of a legislative appropriations committee, or the
26  Executive Office of the Governor for state agencies, may
27  require the agency or the Chief Justice to address major
28  issues separate from those outlined in s. 216.023, this
29  section, and s. 216.043 for inclusion in the requests of the
30  agency or of the judicial branch.  The issues shall be
31  submitted to the agency no later than July 30 of each year and
                                  20
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    CS for SB 832                                  First Engrossed
  1  shall be displayed in its requests as provided in the budget
  2  instructions.  The Executive Office of the Governor may
  3  request an agency, or the chair of the appropriations
  4  committees of the Senate or House of Representatives may
  5  request any agency or the judicial branch, to submit no later
  6  than September 15 of each year a budget plan with respect to
  7  targets established by the Governor or either chair. The
  8  target budget shall require each entity to establish an order
  9  of priorities for its budget issues and may include requests
10  for multiple options for the budget issues.  The target budget
11  may also require each entity to submit a program budget or a
12  performance-based budget in the format prescribed by the
13  Executive Office of the Governor or either chair; provided,
14  however, the target budget format shall be compatible with the
15  planning and budgeting system requirements set out in s.
16  216.141.  Such a request shall not influence the agencies' or
17  judicial branch's independent judgment in making legislative
18  budget requests, as required by law.
19         Section 6.  Subsection (4) of section 216.163, Florida
20  Statutes, is amended to read:
21         216.163  Governor's recommended budget; form and
22  content; declaration of collective bargaining impasses.--
23         (4)  The Executive Office of the Governor shall review
24  the evaluation report required by s. 216.031(10) and the
25  findings of the Office of Program Policy Analysis and
26  Government Accountability, to the extent they are available,
27  request any reports or additional analyses as necessary, and
28  submit a recommendation, pursuant to paragraph (2)(g) which
29  may include a recommendation regarding incentives or
30  disincentives for agency performance. Incentives or
31  disincentives may apply to all or part of a state agency.
                                  21
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    CS for SB 832                                  First Engrossed
  1         (a)  Incentives may include, but are not limited to:
  2         1.  Additional flexibility in budget management, such
  3  as, but not limited to, the use of lump sums, special
  4  categories, or performance-based program appropriation;
  5  consolidation of budget entities or program components;
  6  consolidation of appropriation categories; and increased
  7  agency transfer authority between appropriation categories or
  8  budget entities.
  9         2.  Additional flexibility in salary rate and position
10  management.
11         3.  Retention of up to 50 percent of all unexpended and
12  unencumbered balances of appropriations as of June 30, or
13  undisbursed balances as of December 31, excluding special
14  categories and grants and aids, which may be used for
15  nonrecurring purposes including, but not limited to, lump-sum
16  bonuses, employee training, or productivity enhancements,
17  including technology and other improvements.
18         4.  Additional funds to be used for, but not limited
19  to, lump-sum bonuses, employee training, or productivity
20  enhancements, including technology and other improvements.
21         5.  Additional funds provided pursuant to law to be
22  released to an agency quarterly or incrementally contingent
23  upon the accomplishment of units of output or outcome
24  specified in the General Appropriations Act.
25         (b)  Disincentives may include, but are not limited to:
26         1.  Mandatory quarterly reports to the Executive Office
27  of the Governor and the Legislature on the agency's progress
28  in meeting performance standards.
29         2.  Mandatory quarterly appearances before the
30  Legislature, the Governor, or the Governor and Cabinet to
31
                                  22
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    CS for SB 832                                  First Engrossed
  1  report on the agency's progress in meeting performance
  2  standards.
  3         3.  Elimination or restructuring of the program, which
  4  may include, but not be limited to transfer of the program or
  5  outsourcing all or a portion of the program.
  6         4.  Reduction of total positions for a program.
  7         5.  Restriction on or reduction of the spending
  8  authority provided in s. 216.292(2) and (4) s. 216.292(2)(c).
  9         6.  Reduction of managerial salaries.
10         Section 7.  Section 216.167, Florida Statutes, is
11  amended to read:
12         216.167  Governor's recommendations.--The Governor's
13  recommendations shall include a financial schedule that
14  provides which shall provide:
15         (1)  The Governor's estimate of the recommended
16  recurring revenues available in the Budget Stabilization Fund,
17  in the Working Capital Fund, and the General Revenue Fund.
18         (2)  The Governor's estimate of the recommended
19  nonrecurring revenues available in the Budget Stabilization
20  Fund, in the Working Capital Fund, and the General Revenue
21  Fund.
22         (3)  The Governor's recommended recurring and
23  nonrecurring appropriations from the Budget Stabilization
24  Fund, the Working Capital Fund, and the General Revenue Fund.
25         (4)  The Governor's estimates of any interfund loans or
26  temporary obligations of the Budget Stabilization Fund, the
27  Working Capital Fund, or trust funds, which loans or
28  obligations are needed to implement his or her recommended
29  budget.
30         (5)(a)  For any recommendation to be funded by a
31  proposed state debt or obligation as defined in s. 216.0442,
                                  23
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    CS for SB 832                                  First Engrossed
  1  the documents set forth in s. 216.0442(2) and a 5-year
  2  estimate of the program operational costs associated with any
  3  proposed fixed capital outlay project to be funded by the
  4  proposed state debt or obligation.
  5         (b)  The Governor's estimates of the debt service and
  6  reserve requirements for any recommended new bond issues or
  7  reissues and his or her recommended debt service
  8  appropriations for all outstanding fixed capital outlay bond
  9  issues.
10         Section 8.  Subsection (2) of section 216.178, Florida
11  Statutes, is amended to read:
12         216.178  General Appropriations Act; format; procedure;
13  cost statement for new debt or obligation.--
14         (2)  Effective June 30, 1993, the Office of Planning
15  and Budgeting shall develop a final budget report that
16  reflects the net appropriations for each budget item.  The
17  report shall reflect actual expenditures for each of the 2
18  preceding fiscal years and the estimated expenditures for the
19  current fiscal year.  In addition, the report must contain the
20  actual revenues and cash balances for the preceding 2 fiscal
21  years and the estimated revenues and cash balances for the
22  current fiscal year.  The report may also contain expenditure
23  data, program objectives, and program measures for each state
24  agency program.  The report must be produced by October 15
25  each year within 90 days after the beginning of the fiscal
26  year.  A copy of the report must be made available to each
27  member of the Legislature, to the head of each state agency,
28  to the Auditor General, and to the public.
29         Section 9.  Section 216.292, Florida Statutes, is
30  amended to read:
31         216.292  Appropriations nontransferable; exceptions.--
                                  24
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    CS for SB 832                                  First Engrossed
  1         (1)(a)  Funds provided in the General Appropriations
  2  Act or as otherwise expressly provided by law shall be
  3  expended only for the purpose for which appropriated, except
  4  that if deemed necessary such moneys may be transferred as
  5  provided in subsections (3), and (4), and (5) when it is
  6  determined to be in the best interest of the state.
  7  Appropriations for fixed capital outlay may not be expended
  8  for any other purpose, and appropriations may not be
  9  transferred between state agencies, or between a state agency
10  and the judicial branch, unless specifically authorized by
11  law.
12         (b)  For the 1997-1998 fiscal year only, the Department
13  of Children and Family Services and the Agency for Health Care
14  Administration may transfer general revenue funds as necessary
15  to comply with any provision of the General Appropriations Act
16  that requires or specifically authorizes the transfer of
17  general revenue funds between these two agencies. This
18  paragraph is repealed on July 1, 1998.
19         (2)  A lump sum appropriated for a performance-based
20  program must be distributed by the Governor for state agencies
21  or the Chief Justice for the judicial branch into the
22  traditional expenditure categories in accordance with s.
23  216.181(5)(b) s. 216.181(4)(b).  At any time during the year,
24  the agency head or Chief Justice may transfer funds between
25  those categories with no limit on the amount of the transfer.
26  Authorized revisions of the original approved operating
27  budget, together with related changes, if any, must be
28  transmitted by the state agency or by the judicial branch to
29  the Executive Office of the Governor or the Chief Justice, the
30  chairs of the legislative appropriations committees, the
31  Office of Program Policy Analysis and Government
                                  25
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    CS for SB 832                                  First Engrossed
  1  Accountability, and the Auditor General. Such authorized
  2  revisions shall be consistent with the intent of the approved
  3  operating budget, shall be consistent with legislative policy
  4  and intent, and shall not conflict with specific spending
  5  policies specified in the General Appropriations Act. The
  6  Executive Office of the Governor shall forward a copy of the
  7  revisions within 7 working days to the Comptroller for entry
  8  in his or her records in the manner and format prescribed by
  9  the Executive Office of the Governor in consultation with the
10  Comptroller. Authorized revisions of the original approved
11  operating budget, together with related changes, if any, must
12  be transmitted by the state agency or by the judicial branch
13  to the Comptroller for entry in his or her records in the
14  manner and format prescribed by the Executive Office of the
15  Governor in consultation with the Comptroller.  A copy of such
16  revisions shall be furnished, within 7 working days, to the
17  Executive Office of the Governor or the Chief Justice, the
18  chairs of the legislative appropriations committees, the
19  Office of Program Policy Analysis and Government
20  Accountability, and the Auditor General. Such authorized
21  revisions shall be consistent with the intent of the approved
22  operating budget, shall be consistent with legislative policy
23  and intent, and shall not conflict with specific spending
24  policies specified in the General Appropriations Act.
25  Additionally, subsection (3) shall not apply to programs
26  operating under performance-based program budgeting where a
27  lump sum was appropriated program-performance based budgets.
28         (3)  The head of each department or the Chief Justice
29  of the Supreme Court, whenever it is deemed necessary by
30  reason of changed conditions, may transfer appropriations
31  funded from identical funding sources, except appropriations
                                  26
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    CS for SB 832                                  First Engrossed
  1  for fixed capital outlay, and transfer the amounts included
  2  within the total original approved budget and releases as
  3  furnished pursuant to ss. 216.181 and 216.192, as follows:
  4         (a)  Between categories of appropriations within a
  5  budget entity, if no category of appropriation is increased or
  6  decreased by more than 5 percent of the original approved
  7  budget or $25,000, whichever is greater, by all action taken
  8  under this subsection.
  9         (b)  Additionally, between budget entities within
10  identical categories of appropriations, if no category of
11  appropriation is increased or decreased by more than 5 percent
12  of the original approved budget or $25,000, whichever is
13  greater, by all action taken under this subsection.
14         (c)  Such authorized revisions must be consistent with
15  the intent of the approved operating budget, must be
16  consistent with legislative policy and intent, and must not
17  conflict with specific spending policies specified in the
18  General Appropriations Act.
19
20  Such authorized revisions, together with related changes, if
21  any, in the plan for release of appropriations, shall be
22  transmitted by the state agency or by the judicial branch to
23  the Comptroller for entry in the Comptroller's records in the
24  manner and format prescribed by the Executive Office of the
25  Governor in consultation with the Comptroller.  A copy of such
26  revision shall be furnished to the Executive Office of the
27  Governor or the Chief Justice, the chairs of the legislative
28  committees, and the Auditor General.
29         (4)  The head of each department or the Chief Justice
30  of the Supreme Court, whenever it is deemed necessary by
31  reason of changed conditions, may transfer funds, positions,
                                  27
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    CS for SB 832                                  First Engrossed
  1  and salary rate within and between program budget entities
  2  with performance-based program appropriations as defined in s.
  3  216.011(1)(xx). Such transfers may include appropriations from
  4  any operating category, except appropriations for fixed
  5  capital outlay. However, the total program funds, positions,
  6  and salary rate shall not be increased or decreased by more
  7  than 5 percent by all action taken under this section.
  8  Authorized revisions of the original approved operating
  9  budget, together with related changes, if any, must be
10  transmitted by the state agency or by the judicial branch to
11  the 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 legislative policy and
16  intent, and shall not conflict with specific spending policies
17  specified in the General Appropriations Act. The Executive
18  Office of the Governor shall forward a copy of the revisions
19  within 7 working days to the Comptroller for entry in his or
20  her records in the manner and format prescribed by the
21  Executive Office of the Governor in consultation with the
22  Comptroller.
23         (5)(4)(a)  Transfers of appropriations for operations
24  from the General Revenue Fund in excess of those provided in
25  subsections subsection (3) and (4) but within a state agency
26  or within the judicial branch may be authorized by the
27  commission for the executive branch and the Chief Justice for
28  the judicial branch, pursuant to the request of the agency
29  filed with the Executive Office of the Governor, or pursuant
30  to the request of an entity of the judicial branch filed with
31  the Chief Justice of the Supreme Court, if deemed necessary
                                  28
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    CS for SB 832                                  First Engrossed
  1  and in the best interest of the state and consistent with
  2  legislative policy and intent.  The provisions of this
  3  paragraph are subject to the notice, review, and objection
  4  procedures set forth in s. 216.177.
  5         (b)  When an appropriation for a named fixed capital
  6  outlay project is found to be in excess of that needed to
  7  complete that project, at the request of the Executive Office
  8  of the Governor for state agencies or the Chief Justice of the
  9  Supreme Court for the judicial branch the excess may be
10  transferred, with the approval of the commission or the Chief
11  Justice, to another project for which there has been an
12  appropriation in the same fiscal year from the same fund and
13  within the same department where a deficiency is found to
14  exist.  Further, a fixed capital outlay project may not be
15  initiated without a specific legislative appropriation, nor
16  may the scope of a fixed capital outlay project be changed by
17  the transfer of funds.  The provisions of this paragraph are
18  subject to the notice, review, and objection procedures set
19  forth in s. 216.177.
20         (6)(5)  Upon request of a department to, and approval
21  by, the Comptroller, funds appropriated may be transferred to
22  accounts established for disbursement purposes upon release of
23  such appropriation.  Such transfer may only be made to the
24  same appropriation category and the same funding source from
25  which the funds are transferred.
26         (7)(6)  Any transfers from the Working Capital Fund to
27  the General Revenue Fund may be approved provided such
28  transfers were identified or contemplated by the Legislature
29  in the original approved budget.
30         (8)(7)(a)  Should any state agency or the judicial
31  branch become more than 90 days delinquent on reimbursements
                                  29
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    CS for SB 832                                  First Engrossed
  1  due to the Unemployment Compensation Trust Fund, the
  2  Department of Labor and Employment Security shall certify to
  3  the Comptroller the amount due; and the Comptroller shall
  4  transfer the amount due to the Unemployment Compensation Trust
  5  Fund from any funds of the agency available.
  6         (b)  Should any state agency or the judicial branch
  7  become more than 90 days delinquent in paying the Division of
  8  Risk Management of the Department of Insurance for insurance
  9  coverage, the Department of Insurance may certify to the
10  Comptroller the amount due; and the Comptroller shall transfer
11  the amount due to the Division of Risk Management from any
12  funds of the agency or the judicial branch available.
13         (9)(8)  Moneys appropriated in the General
14  Appropriations Act for the purpose of paying for services
15  provided by the state communications system in the Division of
16  Communications of the Department of Management Services shall
17  be paid by the user agencies, or the judicial branch, within
18  45 days after the billing date.  Billed amounts not paid by
19  the user agencies, or by the judicial branch, shall be
20  transferred by the Comptroller from the user agencies to the
21  Communications Working Capital Trust Fund.
22         (10)(9)  The Comptroller shall report all such
23  transfers and the reasons for such transfers to the
24  legislative appropriations committees.
25         (11)(10)  Where any reorganization has been authorized
26  by the Legislature and the necessary adjustments of
27  appropriations and positions have not been provided in the
28  General Appropriations Act, the Administration Commission may
29  approve, consistent with legislative policy and intent, the
30  necessary transfers to accomplish the purposes of such
31  reorganization within state agencies.  The Chief Justice of
                                  30
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    CS for SB 832                                  First Engrossed
  1  the Supreme Court may approve such transfers for the judicial
  2  branch.
  3         Section 10.  Subsection (2) of section 186.022, Florida
  4  Statutes, is amended to read:
  5         186.022  State agency strategic plans; preparation,
  6  form, and review.--
  7         (2)  Each agency strategic plan must be in a form and
  8  manner prescribed in written instructions prepared by the
  9  Executive Office of the Governor after consultation with the
10  President of the Senate and the Speaker of the House of
11  Representatives.  Each agency strategic plan must identify the
12  specific legislative authority necessary to implement the
13  provisions of the plan.  An agency may only implement those
14  portions of its strategic plan that are consistent with
15  existing statutory or constitutional authority and for which
16  funding, if needed, is available consistent with the
17  provisions of chapter 216.  An agency's budget request
18  prescribed in s. 216.023(1) shall identify the financial
19  resources necessary to further the provisions of the agency's
20  strategic plan. Performance measures, as defined in s. 216.011
21  and proposed by the agency pursuant to s. 216.0166(1), must be
22  consistent with the objectives in the draft agency strategic
23  plan and shall represent 1-year implementation efforts
24  necessary to meet the 5-year agency strategic plan objectives.
25  State agency strategic plans shall be amended by the agency,
26  as necessary, to ensure consistency with the legislative
27  actions prior to the effective date of the agency strategic
28  plan.
29         Section 11.  Subsection (8) of section 121.051, Florida
30  Statutes, is amended to read:
31         121.051  Participation in the system.--
                                  31
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    CS for SB 832                                  First Engrossed
  1         (8)  DIVISION OF REHABILITATION AND LIQUIDATION
  2  EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
  3  receivership employees of the Division of Rehabilitation and
  4  Liquidation who are assigned to established positions and are
  5  subject to established rules and regulations regarding
  6  discipline, pay, classification, and time and attendance are
  7  hereby declared to be state employees within the meaning of
  8  this chapter and shall be compulsory members in compliance
  9  with this chapter, the provisions of s. 216.011(1)(z)2. s.
10  216.011(1)(x)2., notwithstanding. Employment performed before
11  July 1, 1994, as such a receivership employee may be claimed
12  as creditable retirement service upon payment by the employee
13  or employer of contributions required in s. 121.081(1), as
14  applicable for the period claimed.
15         Section 12.  Section 215.32, Florida Statutes, is
16  amended to read:
17         215.32  State funds; segregation.--
18         (1)  All moneys received by the state shall be
19  deposited in the State Treasury unless specifically provided
20  otherwise by law and shall be deposited in and accounted for
21  by the Treasurer and the Department of Banking and Finance
22  within the following funds, which funds are hereby created and
23  established:
24         (a)  General Revenue Fund.
25         (b)  Trust funds.
26         (c)  Working Capital Fund.
27         (d)  Budget Stabilization Fund.
28         (2)  The source and use of each of these funds shall be
29  as follows:
30         (a)  The General Revenue Fund shall consist of all
31  moneys received by the state from every source whatsoever,
                                  32
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    CS for SB 832                                  First Engrossed
  1  except as provided in paragraphs (b) and (c).  Such moneys
  2  shall be expended pursuant to General Revenue Fund
  3  appropriations acts or transferred as provided in paragraph
  4  (c).  Annually, at least 5 percent of the estimated increase
  5  in General Revenue Fund receipts for the upcoming fiscal year
  6  over the current year General Revenue Fund effective
  7  appropriations shall be appropriated for state-level capital
  8  outlay, including infrastructure improvement and general
  9  renovation, maintenance, and repairs.
10         (b)1.  The trust funds shall consist of moneys received
11  by the state which under law or under trust agreement are
12  segregated for a purpose authorized by law.  The state agency
13  or branch of state government receiving or collecting such
14  moneys shall be responsible for their proper expenditure as
15  provided by law.  Upon the request of the state agency or
16  branch of state government responsible for the administration
17  of the trust fund, the Comptroller may establish accounts
18  within the trust fund at a level considered deemed necessary
19  for proper accountability.  Once an account is established
20  within a trust fund, the Comptroller may shall authorize
21  payment from that account only upon determining that there is
22  sufficient cash and releases at the level of the account.
23         2.  In order to maintain a minimum number of trust
24  funds in the State Treasury, each state agency or the judicial
25  branch may consolidate, if permitted under the terms and
26  conditions of their receipt, the trust funds administered by
27  it; provided, however, the agency or judicial branch employs
28  effectively a uniform system of accounts sufficient to
29  preserve the integrity of such trust funds; and provided,
30  further, that consolidation of trust funds is approved by the
31  Administration Commission or the Chief Justice.
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    CS for SB 832                                  First Engrossed
  1         3.  All such moneys are hereby appropriated to be
  2  expended in accordance with the law or trust agreement under
  3  which they were received, subject always to the provisions of
  4  chapter 216 relating to the appropriation of funds and to the
  5  applicable laws relating to the deposit or expenditure of
  6  moneys in the State Treasury.
  7         4.a.  Notwithstanding any provision of law restricting
  8  the use of trust funds to specific purposes, unappropriated
  9  cash balances from selected trust funds may be authorized by
10  the Legislature for transfer to the Budget Stabilization and
11  Working Capital Fund in the General Appropriations Act.
12         b.  The provisions of This subparagraph does shall not
13  apply to trust funds required by federal programs or mandates;
14  trust funds established for bond covenants, indentures, or
15  resolutions whose revenues are legally pledged by the state or
16  public body to meet debt service or other financial
17  requirements of any debt obligations of the state or any
18  public body; the State Transportation Trust Fund; the trust
19  fund containing the net annual proceeds from the Florida
20  Education Lotteries; the Florida Retirement Trust Fund; trust
21  funds under the management of the Board of Regents, where such
22  trust funds are for auxiliary enterprises, self-insurance, and
23  contracts, grants, and donations, as those terms are defined
24  by general law; trust funds that serve as clearing funds or
25  accounts for the Comptroller or state agencies; trust funds
26  that account for assets held by the state in a trustee
27  capacity as an agent or fiduciary for individuals, private
28  organizations, or other governmental units; and other trust
29  funds authorized by the State Constitution.
30         (c)1.  The Budget Stabilization Fund shall consist of
31  amounts equal to at least 5 percent of net revenue collections
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    CS for SB 832                                  First Engrossed
  1  for the General Revenue Fund during the last completed fiscal
  2  year. The Budget Stabilization Fund's principal balance shall
  3  not exceed an amount equal to 10 percent of the last completed
  4  fiscal year's net revenue collections for the General Revenue
  5  Fund. As used in this paragraph, the term "last completed
  6  fiscal year" means the most recently completed fiscal year
  7  prior to the regular legislative session at which the
  8  Legislature considers the General Appropriations Act for the
  9  year in which the transfer to the Budget Stabilization Fund
10  must be made under this paragraph.
11         2.  By September 15 of each year, the Governor shall
12  authorize the Comptroller to transfer, and the Comptroller
13  shall transfer pursuant to appropriations made by law, to the
14  Budget Stabilization Fund the amount of money needed for the
15  balance of that fund to equal the amount specified in
16  subparagraph 1., less any amounts expended and not restored.
17  The moneys needed for this transfer may be appropriated by the
18  Legislature from any funds.
19         3.  Unless otherwise provided in this subparagraph, an
20  expenditure from the Budget Stabilization Fund must be
21  restored pursuant to a restoration schedule that provides for
22  making five equal annual transfers from the General Revenue
23  Fund, beginning in the fiscal year following that in which the
24  expenditure was made. For any Budget Stabilization Fund
25  expenditure, the Legislature may establish by law a different
26  restoration schedule and such change may be made at any time
27  during the restoration period. Moneys are hereby appropriated
28  for transfers pursuant to this subparagraph.
29         4.  The Budget Stabilization Fund and the Working
30  Capital Fund may be used as revolving funds for transfers as
31
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    CS for SB 832                                  First Engrossed
  1  provided in s. 18.125; however, any interest earned must be
  2  deposited in the General Revenue Fund.
  3         (d)  The Working Capital Fund shall consist of moneys
  4  in the General Revenue Fund which are in excess of the amount
  5  needed to meet General Revenue Fund appropriations for the
  6  current fiscal year. Each year, no later than the publishing
  7  date of the annual financial statements for the state by the
  8  Comptroller under s. 216.102, funds shall be transferred
  9  between the Working Capital Fund and the General Revenue Fund
10  to establish the balance of the Working Capital Fund for that
11  fiscal year at the amount determined pursuant to this
12  paragraph.
13         1.  The amount of moneys in the General Revenue Fund
14  shall be determined at the beginning of the fiscal year based
15  on the Revenue Estimating Conference's estimate of funds
16  available.  This amount shall be adjusted upon determination
17  of the previous year's appropriations which remain unspent
18  after certifications are completed pursuant to s. 216.301.
19         2.  The Working Capital Fund shall consist of an
20  amount, not more than 10 percent of the amount of net revenue
21  of the General Revenue Fund for the preceding fiscal year,
22  which accrues from moneys in the General Revenue Fund which
23  are in excess of the amount needed to meet the General Revenue
24  Fund appropriations acts. The Legislature shall have as a goal
25  that the Working Capital Fund for fiscal year 1994-1995 have
26  not less than 2 percent of the amount of net revenue of the
27  General Revenue Fund for the preceding fiscal year, that the
28  Working Capital Fund for fiscal year 1995-1996 have not less
29  than 3 percent of the amount of net revenue of the General
30  Revenue Fund for the preceding fiscal year, that the Working
31  Capital Fund for fiscal year 1996-1997 have not less than 4
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    CS for SB 832                                  First Engrossed
  1  percent of the amount of net revenue of the General Revenue
  2  Fund for the preceding fiscal year, and that the Working
  3  Capital Fund for fiscal year 1997-1998 and each fiscal year
  4  thereafter have not less than 5 percent of the amount of net
  5  revenue of the General Revenue Fund for the preceding fiscal
  6  year.  By September 15 of each year, the Executive Office of
  7  the Governor shall transfer the excess funds that are in the
  8  General Revenue Fund to the Working Capital Fund. Whenever the
  9  Governor determines that revenue collections in the General
10  Revenue Fund will be insufficient to meet General Revenue Fund
11  appropriations, he or she shall certify the amount of the
12  deficit and transfer up to the amount specified in the General
13  Appropriations Act from the Working Capital Fund to the
14  General Revenue Fund pursuant to s. 216.221. When not required
15  to meet General Revenue Fund appropriations, such moneys shall
16  be used as a revolving fund for transfers as provided by s.
17  215.18; and when the Comptroller determines that such moneys
18  are not needed for either type of transfer, they may be
19  temporarily invested as provided in s. 18.125.
20         3.  The provisions of subparagraph 1. notwithstanding,
21  the Comptroller shall pay from the Working Capital Fund such
22  claims as are authorized pursuant to s. 265.55.
23         Section 13.  Subsections (2), (5), and (7) of section
24  216.221, Florida Statutes, are amended to read:
25         216.221  Appropriations as maximum appropriations;
26  adjustment of budgets to avoid or eliminate deficits.--
27         (2)  The Legislature shall annually provide direction
28  in the General Appropriations Act regarding use of the Budget
29  Stabilization Fund and Working Capital Fund to offset General
30  Revenue Fund deficits.
31
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    CS for SB 832                                  First Engrossed
  1         (5)(a)  If, in the opinion of the Governor, after
  2  consultation with the Revenue Estimating Conference, a deficit
  3  will occur in the General Revenue Fund, he or she shall so
  4  certify to the commission and to the Chief Justice of the
  5  Supreme Court.  No more than 30 days after certifying that a
  6  deficit will occur in the General Revenue Fund, the Governor
  7  shall develop for the executive branch, and the Chief Justice
  8  of the Supreme Court shall develop for the judicial branch,
  9  and provide to the commission and to the Legislature plans of
10  action to eliminate the deficit.
11         (b)  In developing a plan of action to prevent deficits
12  in accordance with subsection (7), the Governor and Chief
13  Justice shall, to the extent possible, preserve legislative
14  policy and intent, and, absent any specific direction to the
15  contrary in the General Appropriations Act, the Governor and
16  Chief Justice shall comply with the following guidelines for
17  reductions in the approved operating budgets of the executive
18  branch and the judicial branch:
19         1.  Entire statewide programs previously established by
20  the Legislature should not be eliminated.
21         2.  Education budgets should not be reduced more than
22  provided for in s. 215.16(2).
23         3.  The use of nonrecurring funds to solve recurring
24  deficits should be minimized.
25         4.  Newly created programs that are not fully
26  implemented and programs with critical audits should receive
27  first consideration for reductions.
28         5.  No agencies or branches of government receiving
29  appropriations should be exempt from reductions.
30         6.  When reductions in positions are required, the
31  focus should be initially on vacant positions.
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    CS for SB 832                                  First Engrossed
  1         7.  Any reductions applied to all agencies and branches
  2  should be uniformly applied.
  3         8.  Reductions that would cause substantial losses of
  4  federal funds should be minimized.
  5         9.  To the greatest extent possible, across-the-board,
  6  prorated reductions should be considered.
  7         10.  Reductions to statewide programs should occur only
  8  after review of programs that provide only local benefits.
  9         11.  Reductions in administrative and support functions
10  should be considered before reductions in direct-support
11  services.
12         12.  Maximum reductions should be considered in budgets
13  for expenses including travel and in budgets for equipment
14  replacement, outside consultants, and contracts.
15         13.  Reductions in salaries for elected state officials
16  should be considered.
17         14.  Reductions that adversely affect the public
18  health, safety, and welfare should be minimized.
19         15.  The Budget Stabilization Fund Working Capital Fund
20  should not be reduced to a level that would impair the
21  financial stability of this state.
22         16.  Reductions in programs that are traditionally
23  funded by the private sector and that may be assumed by
24  private enterprise should be considered.
25         17.  Reductions in programs that are duplicated among
26  state agencies or branches of government should be considered.
27         (7)  Deficits in the General Revenue Fund that do not
28  meet the amounts specified by subsection (6) shall be resolved
29  by the commission for the executive branch and the Chief
30  Justice of the Supreme Court for the judicial branch. The
31  commission and Chief Justice shall implement any directions
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    CS for SB 832                                  First Engrossed
  1  provided in the General Appropriations Act related to
  2  eliminating deficits and to reducing reduce agency and
  3  judicial branch budgets, including the use of those
  4  legislative appropriations voluntarily placed in reserve.  In
  5  addition, the commission shall implement any directions in the
  6  General Appropriations Act relating to the resolution of use
  7  of the Working Capital Fund in deficit situations.  When
  8  reducing state agency or judicial branch budgets, the
  9  commission or the Chief Justice, respectively, shall use the
10  guidelines prescribed in subsection (5).  The Executive Office
11  of the Governor for the commission, and the Chief Justice for
12  the judicial branch, shall implement the deficit reduction
13  plans through amendments to the approved operating budgets in
14  accordance with s. 216.181.
15         Section 14.  Subsections (1) and (2) of section 252.37,
16  Florida Statutes, are amended to read:
17         252.37  Financing.--
18         (1)  It is the intent of The Legislature intends and
19  declares it declared to be the policy of the state that funds
20  to be prepared for and meet emergencies shall always be
21  available.
22         (2)  It is the legislative intent that the first
23  recourse shall be made to funds regularly appropriated to
24  state and local agencies.  If the Governor finds that the
25  demands placed upon these funds in coping with a particular
26  disaster are unreasonably great, she or he may make funds
27  available by transferring and expending moneys appropriated
28  for other purposes, by transferring and expending moneys or
29  out of any unappropriated surplus funds, or from the Budget
30  Stabilization Fund or Working Capital Fund.
31
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    CS for SB 832                                  First Engrossed
  1         Section 15.  Paragraph (b) of subsection (2) of section
  2  20.055, Florida Statutes, is amended to read:
  3         20.055  Agency inspectors general.--
  4         (2)  The Office of Inspector General is hereby
  5  established in each state agency to provide a central point
  6  for coordination of and responsibility for activities that
  7  promote accountability, integrity, and efficiency in
  8  government. It shall be the duty and responsibility of each
  9  inspector general, with respect to the state agency in which
10  the office is established, to:
11         (b)  Assess the reliability and validity of the
12  information provided by the state agency on performance
13  measures and standards, and make recommendations for
14  improvement, if necessary, prior to submission of those
15  measures and standards to the Executive Office of the Governor
16  pursuant to s. 216.0166(1).
17         Section 16.  Subsection (3) of section 212.081, Florida
18  Statutes, and subsection (5) of section 186.021, Florida
19  Statutes, are repealed.
20         Section 17.  Subsection (1) of section 186.021, Florida
21  Statutes, is amended to read:
22         186.021  State agency strategic plans.--
23         (1)  A state agency strategic plan shall be a statement
24  of the priority directions an agency will take to carry out
25  its mission within the context of the state comprehensive plan
26  and any other statutory mandates and authorizations given to
27  the agency. Each state agency strategic plan must identify
28  infrastructure needs, capital improvement needs, and
29  information resources management projects or initiatives that
30  involve more than one agency, that have an outcome that
31  impacts another agency, or that exceed $500,000 in total cost
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    CS for SB 832                                  First Engrossed
  1  over a 1-year period, except for those projects that are a
  2  continuation of hardware or software maintenance or software
  3  licensing agreements, or that are for desktop replacement that
  4  is similar to the technology currently in use. Each agency
  5  strategic plan shall specify those objectives against which
  6  will be judged the agency's achievement of its goals and the
  7  goals of the state comprehensive plan. The state agency
  8  strategic plan shall be consistent with and shall further the
  9  goals of the state comprehensive plan.
10         Section 18.  Subsection (4) of section 216.181, Florida
11  Statutes, is amended to read:
12         216.181  Approved budgets for operations and fixed
13  capital outlay.--
14         (4)  All amendments to the original approved operating
15  budgets, regardless of funding source, are subject to the
16  notice and review procedures set forth in s. 216.177 and must
17  be approved by the Governor and Administration Commission as
18  provided in this chapter for the executive branch and the
19  Chief Justice for the judicial branch if the amendment is for
20  an information resources management project or initiative that
21  involves more than one agency, has an outcome that impacts
22  another agency, or exceeds $500,000 in total cost over a
23  1-year period, except for those projects that are a
24  continuation of hardware or software maintenance or software
25  licensing agreements, or that are for desktop replacement that
26  is similar to the technology currently in use.
27         Section 19.  Subsection (9) of section 186.022, Florida
28  Statutes, is amended to read:
29         186.022  State agency strategic plans; preparation,
30  form, and review.--
31
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    CS for SB 832                                  First Engrossed
  1         (8)  Each agency shall submit by September 1 of each
  2  year an annual performance report to the Executive Office of
  3  the Governor, with copies to the President of the Senate, the
  4  Speaker of the House of Representatives, and the Auditor
  5  General.  The purpose of this report is to evaluate the
  6  attainment of the agency objectives in the agency strategic
  7  plan.
  8         (9)  By March 1 of each year, the Geographic
  9  Information Board, the Financial Management Information Board,
10  the Criminal and Juvenile Justice Information Systems Council,
11  and the Health Information Systems Council shall each develop
12  a strategic plan following the general statutory requirements
13  that are applicable to agencies pursuant to s. 186.021(1),
14  (2), and (3).  The strategic plan shall be subject to the
15  requirements, and the review and approval processes, set forth
16  in subsections (2) through (8) (7), with the following
17  exceptions:
18         (a)  The Executive Office of the Governor, after
19  consultation with the President of the Senate and the Speaker
20  of the House of Representatives, may prescribe a specific
21  format and content for the strategic plans of coordinating
22  boards and councils.
23         (b)  The time periods for review and return of any
24  required strategic plan revisions, incorporation of such
25  revisions by the boards or councils, and resolution of
26  disputes shall be established by the Executive Office of the
27  Governor, after consultation with the President of the Senate
28  and the Speaker of the House of Representatives.
29         Section 20.  Subsection (1) of section 282.3063,
30  Florida Statutes, is amended to read:
31
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    CS for SB 832                                  First Engrossed
  1         282.3063  Agency Annual Information Resources
  2  Management Report.--
  3         (1)  By September 1 November 1 of each year, and for
  4  the State University System within 90 days after completion of
  5  the expenditure analysis developed pursuant to s. 240.271(4),
  6  each Chief Information Officer shall prepare and submit to the
  7  State Technology Office an Agency Annual Information Resources
  8  Management Report.  Following consultation with the State
  9  Technology Council and the Chief Information Officers Council,
10  the Executive Office of the Governor and the fiscal committees
11  of the Legislature shall jointly develop and issue
12  instructions for the format and contents of the report.
13         Section 21.  Subsections (1) and (2) of section
14  282.310, Florida Statutes, are amended to read:
15         282.310  State Annual Report on Information Resources
16  Management.--
17         (1)  By January 15 March 1 of each year, the State
18  Technology Office shall develop a State Annual Report on
19  Information Resources Management.
20         (2)  The State Annual Report on Information Resources
21  Management shall contain, at a minimum, the following:
22         (a)  The state vision for information resources
23  management.
24         (b)  A forecast of the state information resources
25  management priorities and initiatives for the ensuing 2 years.
26         (c)  A summary of major statewide policies recommended
27  by the State Technology Council for information resources
28  management.
29         (d)  A summary of memoranda issued by the Executive
30  Office of the Governor.
31
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    CS for SB 832                                  First Engrossed
  1         (e)  An assessment of the overall progress on state
  2  information resources management initiatives and priorities
  3  for the past fiscal year.
  4         (f)  A summary of major statewide issues related to
  5  improving information resources management by the state.
  6         (g)  An inventory list, by major categories, of state
  7  information technology resources.
  8         (h)  A summary of the total expenditures for
  9  information resources management by each state agency.
10         (i)  A summary of the opportunities for government
11  agencies or entities to share information resources management
12  projects or initiatives with other governmental or private
13  sector entities.
14         (j)  A list of the information resources management
15  issues that have been identified as statewide or critical
16  issues for which the State Technology Council could provide
17  leadership or assistance.
18
19  The state annual report shall also include information
20  resources management information from the annual reports
21  prepared by the Board of Regents for the State University
22  System, from the State Board of Community Colleges for the
23  State Community College System, from the Supreme Court for the
24  judicial branch, and from the Justice Administrative
25  Commission on behalf of the each state attorneys attorney and
26  public defenders defender. Expenditure information shall be
27  taken from each agency's annual report as well as the annual
28  reports of the Board of Regents, the State Board of Community
29  Colleges, the Supreme Court, and the Justice Administrative
30  Commission the state attorneys, and the public defenders.
31
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    CS for SB 832                                  First Engrossed
  1         Section 22.  Subsection (3) of section 282.3091,
  2  Florida Statutes, is amended to read:
  3         282.3091  State Technology Council; creation.--
  4         (3)  The council shall be composed of nine members as
  5  follows:
  6         (a)  The director of the Governor's Office of Planning
  7  and Budgeting, who shall serve as chair of the council.
  8         (b)  The Comptroller.
  9         (c)  The Commissioner of Education.
10         (d)  The Secretary of State.
11         (e)  The secretary of the Department of Management
12  Services.
13         (f)  Two state agency heads appointed by the Governor.
14         (g)  Two private sector representatives, one appointed
15  by the Speaker of the House of Representatives and one
16  appointed by the President of the Senate, who are not current
17  members of the Legislature.  Private sector representatives
18  shall, at a minimum, have a general knowledge of or experience
19  in managing information technology resources.  However,
20  representatives of information technology resource vendors or
21  any of their subsidiaries that sell products or services to
22  the state shall not be appointed to serve as a private sector
23  representative.
24
25  Members may appoint designees to serve on their behalf;
26  however, such designees must be in a position that reports
27  directly to the member.
28         Section 23.  Section 282.322, Florida Statutes, is
29  amended to read:
30         282.322  Special monitoring process for designated
31  information resources management projects.--For each
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    CS for SB 832                                  First Engrossed
  1  information resources management project which is designated
  2  for special monitoring in the General Appropriations Act, with
  3  a proviso requiring a contract with a project monitor, the
  4  Technology Review Workgroup established pursuant to s.
  5  216.0446, in consultation with each affected agency, shall be
  6  responsible for contracting with the project monitor. Upon
  7  contract award, funds equal to the contract amount shall be
  8  transferred to the Technology Review Workgroup upon request
  9  and subsequent approval of a budget amendment pursuant to s.
10  216.292. With the concurrence of the Legislative Auditing
11  Committee, the office of the Auditor General shall be the
12  project monitor for other projects designated for special
13  monitoring. However, nothing in this section precludes the
14  Auditor General from conducting such monitoring on any project
15  designated for special monitoring. In addition to monitoring
16  and reporting on significant communications between a
17  contracting agency and the appropriate federal authorities,
18  the project monitoring process shall consist of evaluating
19  each major stage of the designated project to determine
20  whether the deliverables have been satisfied and to assess the
21  level of risks associated with proceeding to the next stage of
22  the project. The major stages of each designated project shall
23  be determined based on the agency's information systems
24  development methodology. At the end of each quarter and within
25  20 days after an agency has completed a major stage of its
26  designated project, the project monitor shall issue a written
27  report, including the findings and recommendations for
28  correcting deficiencies, to the agency head, for review and
29  comment. Within 20 days after receipt of the project monitor's
30  report, the agency head shall submit a written statement of
31  explanation or rebuttal concerning the findings and
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    CS for SB 832                                  First Engrossed
  1  recommendations of the project monitor, including any
  2  corrective action to be taken by the agency. The project
  3  monitor shall include the agency's statement in its final
  4  report, which shall be forwarded, within 7 days after receipt
  5  of the agency's statement, to the agency head, the inspector
  6  general's office of the agency, the Executive Office of the
  7  Governor, the appropriations committees of the Legislature,
  8  the Joint Legislative Auditing Committee, the Technology
  9  Review Workgroup, the President of the Senate, the Speaker of
10  the House of Representatives, and the Office of Program Policy
11  Analysis and Government Accountability Legislative Information
12  Technology Resource Committee. The Auditor General shall also
13  receive a copy of the project monitor's report for those
14  projects in which the Auditor General is not the project
15  monitor.
16         Section 24.  Subsections (3), (5), (7), and (8) of
17  section 282.404, Florida Statutes, are amended to read:
18         282.404  Geographic information board; definition;
19  membership; creation; duties; advisory council; membership;
20  duties.--
21         (3)  The board consists of the Director of Planning and
22  Budgeting within the Executive Office of the Governor, the
23  executive director of the Game and Fresh Water Fish
24  Commission, the executive director of the Department of
25  Revenue, and the State Cadastral Surveyor, as defined in s.
26  177.503, or their designees, and the heads of the following
27  agencies, or their designees: the Department of Agriculture
28  and Consumer Services, the Department of Community Affairs,
29  the Department of Environmental Protection, the Department of
30  Transportation, and the Board of Professional Surveyors and
31  Mappers. The Governor shall appoint to the board one member
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    CS for SB 832                                  First Engrossed
  1  each to represent the counties, municipalities, regional
  2  planning councils, water management districts, and county
  3  property appraisers. The Governor shall initially appoint two
  4  members to serve 2-year terms and three members to serve
  5  4-year terms. Thereafter, the terms of all appointed members
  6  must be 4 years and the terms must be staggered. Members may
  7  be appointed to successive terms and incumbent members may
  8  continue to serve the board until a new appointment is made.
  9  The chair of the Geographic Information Advisory Council shall
10  serve without voting rights as an ex officio member on the
11  board.
12         (5)  The board shall:
13         (a)  Promote the sharing of geographic information
14  between the public sector and the private sector;
15         (b)  Conduct a periodic assessments assessment of
16  geographic information and geographic information systems in
17  this state to identify geographic information management
18  activities and available resources in this state;
19         (c)  Increase efficiency and reduce costs redundancy of
20  data acquisition by promoting the coordination of geographic
21  information activities, including, but not limited to,
22  development and maintenance of a data directory in which
23  geographic information is cataloged data collection;
24         (d)  Promote consistency of data elements by
25  establishing standard data definitions and formats;
26         (e)  Promote the adoption and use of standards that
27  have broad application to the public and private sectors;
28         (f)  Develop criteria, policies, and procedures for the
29  prescribed and preplanned electronic transmission of
30  geographic information, including, but not limited to,
31
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    CS for SB 832                                  First Engrossed
  1  transmissions between a local planning agency, as defined in
  2  s. 163.3164, and the state land planning agency;
  3         (f)(g)  By March 1 of each year, develop and approve a
  4  strategic plan pursuant to the requirements set forth in s.
  5  186.022(9).  Copies of the plan shall be transmitted
  6  electronically or in writing to the Executive Office of the
  7  Governor, the Speaker of the House of Representatives, the
  8  President of the Senate, and the members of the Geographic
  9  Information Advisory Council as provided in subsection (7);
10         (h)  Promote the use and coordination of geographic
11  information from sources such as universities, government
12  organizations, nonprofit organizations, and the private
13  sector;
14         (i)  Promote the development and maintenance of a data
15  directory in which geographic information is cataloged;
16         (g)(j)  Serve as liaison between local, regional, and
17  this state government and the Federal Government to promote
18  the sharing of geographic information;
19         (h)(k)  Establish technical advisory committees to
20  assist the board; and
21         (i)  Serve as the coordinator for census activities and
22  facilitate the availability and usability of the data
23  collected by the United States Census Bureau.
24         (l)  Promote regional coordination of geographic
25  information.
26         (7)  The Geographic Information Advisory Council
27  consists of one member each from the Office of Planning and
28  Budgeting within the Executive Office of the Governor, the
29  Game and Fresh Water Fish Commission, the Department of
30  Revenue, the Department of Agriculture and Consumer Services,
31  the Department of Community Affairs, the Department of
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    CS for SB 832                                  First Engrossed
  1  Environmental Protection, the Department of Transportation,
  2  the State Cadastral Surveyor, the State Geologist, the Board
  3  of Professional Surveyors and Mappers, counties,
  4  municipalities, regional planning councils, water management
  5  districts, and property appraisers, as appointed by the
  6  corresponding member of the board, and the State Geologist.
  7  The Governor shall appoint to the council one member each, as
  8  recommended by the respective organization, to represent the
  9  Department of Commerce, the Department of Children and Family
10  Services, the Department of Health, the Florida Survey and
11  Mapping Society, Florida Region of the American Society of
12  Photogrammetry and Remote Sensing, Florida Association of
13  Cadastral Mappers, the The Florida Association of Professional
14  Geologists, Florida Engineering Society, Florida Chapter of
15  the Urban and Regional Information Systems Association, the
16  forestry industry, the State University System survey and
17  mapping academic research programs, and State University
18  System geographic information systems academic research
19  programs; and two members representing utilities, one from a
20  regional utility, and one from a local or municipal utility.
21  These persons must have technical expertise in geographic
22  information issues. The Governor shall initially appoint six
23  members to serve 2-year terms and six members to serve 4-year
24  terms. Thereafter, the terms of all appointed members must be
25  4 years and must be staggered. Members may be appointed to
26  successive terms and incumbent members may continue to serve
27  the council until a successor is appointed. Representatives of
28  the Federal Government may serve as ex officio members without
29  voting rights.
30         (8)  A majority of the membership constitutes a quorum
31  for the conduct of business and shall elect the chair of the
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    CS for SB 832                                  First Engrossed
  1  advisory council biennially. The council shall meet at least
  2  twice a year, and the chair may call meetings as often as
  3  necessary to transact business or as directed by the board.
  4  The chair, or his or her designee, shall attend all board
  5  meetings on behalf of the council. Administrative and clerical
  6  support shall be provided by the Department of Management
  7  Services.
  8         Section 25.  Subsection (2) of section 215.96, Florida
  9  Statutes, is amended to read:
10         215.96  Coordinating council and design and
11  coordination staff.--
12         (2)  The coordinating council shall consist of the
13  Comptroller; the Treasurer; the secretary of the Department of
14  Management Services; and the Director of Planning and
15  Budgeting, Executive Office of the Governor, or their
16  designees. The Comptroller, or his or her designee, shall be
17  chair of the coordinating council, and the design and
18  coordination staff shall provide administrative and clerical
19  support to the council and the board. The design and
20  coordination staff shall maintain the minutes of each meeting
21  and shall make such minutes available to any interested
22  person. The Auditor General, the State Courts Administrator,
23  an executive officer of the Florida Association of State
24  Agency Administrative Services Directors, and an executive
25  officer of the Florida Association of State Budget Officers,
26  or their designees, shall serve without voting rights as ex
27  officio members on the coordinating council. The chair may
28  call meetings of the coordinating council as often as
29  necessary to transact business; however, the coordinating
30  council shall meet at least once a year.  Action of the
31  coordinating council shall be by motion, duly made, seconded
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    CS for SB 832                                  First Engrossed
  1  and passed by a majority of the coordinating council voting in
  2  the affirmative for approval of items that are to be
  3  recommended for approval to the Financial Management
  4  Information Board.
  5         Section 26.  This act shall take effect upon becoming a
  6  law.
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