Senate Bill 0832er
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1
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
3
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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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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
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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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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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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:
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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.
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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
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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
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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.
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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
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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,
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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.--
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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
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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
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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,
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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
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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
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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
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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.--
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1 (8) DIVISION OF REHABILITATION AND LIQUIDATION
2 EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular
3 receivership employees of the Division of Rehabilitation and
4 Liquidation who are assigned to established positions and are
5 subject to established rules and regulations regarding
6 discipline, pay, classification, and time and attendance are
7 hereby declared to be state employees within the meaning of
8 this chapter and shall be compulsory members in compliance
9 with this chapter, the provisions of s. 216.011(1)(z)2. s.
10 216.011(1)(x)2., notwithstanding. Employment performed before
11 July 1, 1994, as such a receivership employee may be claimed
12 as creditable retirement service upon payment by the employee
13 or employer of contributions required in s. 121.081(1), as
14 applicable for the period claimed.
15 Section 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,
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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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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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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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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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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.
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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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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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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.
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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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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.--
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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:
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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.
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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.
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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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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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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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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,
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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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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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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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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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