House Bill 0001e1

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                                          CS/HB 1, First Engrossed



  1                      A bill to be entitled

  2         An act relating to state finances; amending s.

  3         186.022, F.S.; requiring each state agency

  4         annual performance report to include an

  5         assessment of performance measures approved by

  6         the Legislature and established in the General

  7         Appropriations Act or implementing legislation

  8         for the General Appropriations Act for the

  9         previous fiscal year and a summary of all

10         moneys that were expended or encumbered by the

11         agency, or for which the agency is otherwise

12         responsible, during the preceding fiscal year

13         and an estimate of such moneys for the current

14         fiscal year; providing requirements for the

15         reporting of such information; providing for a

16         reduction in funding for failure to submit the

17         required state agency annual performance

18         report; amending s. 216.0235, F.S.; requiring

19         instructions with respect to such information

20         to be included in the performance-based

21         legislative program budget instructions;

22         requiring the Florida Financial Management

23         Information System Coordinating Council to

24         submit to the Governor and Legislature a

25         report, with recommendations, relating to the

26         reporting of such information; amending s.

27         216.241, F.S.; prohibiting the expenditure of

28         revenues generated by any tax or fee imposed

29         pursuant to amendment to the State Constitution

30         after a specified date except pursuant to

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                                          CS/HB 1, First Engrossed



  1         legislative appropriation; providing an

  2         effective date.

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  4  Be It Enacted by the Legislature of the State of Florida:

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  6         Section 1.  Subsection (8) of section 186.022, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         186.022  State agency strategic plans; preparation,

  9  form, and review.--

10         (8)  Each agency shall submit by September 1 of each

11  year an annual performance report to the Executive Office of

12  the Governor, with copies to the President of the Senate, the

13  Speaker of the House of Representatives, and the Auditor

14  General, and the Office of Program Policy Analysis and

15  Government Accountability. The purpose of this report is to

16  evaluate the attainment of the agency objectives in the agency

17  strategic plan and the performance measures approved by the

18  Legislature pursuant to s. 216.0166(3) and established in the

19  General Appropriations Act or implementing legislation for the

20  General Appropriations Act for the previous fiscal year. In

21  addition, each state agency must include a one-page summary of

22  all moneys that were expended or encumbered by the agency, or

23  for which the agency was otherwise responsible, during the

24  preceding fiscal year and an estimate of such moneys projected

25  by the agency for the current fiscal year. All such

26  expenditures and estimates of such expenditures must be

27  divided by program and expressed in line items by unit costs

28  for each output measure approved pursuant to s. 216.0166(3)

29  for those agencies and programs operating under

30  performance-based program budgeting and for major services and

31  products for those agencies and programs operating under


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                                          CS/HB 1, First Engrossed



  1  traditional line-item budgeting. Unit-cost totals must equal

  2  the total amount of moneys that were expended or projected to

  3  be expended by each agency and must include expenditures or

  4  projected expenditures of state funds by subordinate

  5  governmental entities and contractors, as applicable. Moneys

  6  that agencies receive but are not responsible for, such as

  7  reversions or pass-throughs to entities over which the agency

  8  has no authority or responsibility, shall be shown in separate

  9  line items and expressed in total amounts only. At the regular

10  session immediately following the submission of the agency

11  performance report, the Legislature shall reduce in the

12  General Appropriations Act for the ensuing fiscal year, by an

13  amount equal to at least 10 percent of the allocation for the

14  fiscal year preceding the current fiscal year, the funding of

15  each state agency that fails to submit the report required by

16  this subsection. All reports must be submitted in the form and

17  manner prescribed by the instructions prepared pursuant to

18  subsection (2) and s. 216.0235(3).

19         Section 2.  Subsection (3) of section 216.0235, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         216.0235  Performance-based legislative program budget

22  requests to be furnished by agencies.--

23         (3)  The Executive Office of the Governor and the

24  legislative appropriations committees shall jointly develop

25  legislative program budget instructions from which each agency

26  that has an approved program and the judicial branch, pursuant

27  to ss. 216.0166 and 216.043, shall prepare its legislative

28  program budget request. The program budget instructions must

29  be consistent with s. 216.141 and must be transmitted to each

30  agency and to the judicial branch no later than June 15 of

31  each year. The budget instructions must also include


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                                          CS/HB 1, First Engrossed



  1  instructions for agencies in submitting performance measures

  2  and standards as required by s. 216.0166. The budget

  3  instructions must also include instructions for agencies in

  4  submitting the assessment of performance measures and the

  5  unit-cost information required to be included in the agency

  6  annual performance report under s. 186.022(8). The Executive

  7  Office of the Governor, in consultation with the Office of

  8  Program Policy Analysis and Government Accountability, the

  9  Auditor General, the Department of Banking and Finance, and

10  the legislative appropriations committees, shall develop

11  instructions as to the calculation of the unit-cost

12  information and the format and presentation of the summary

13  required under s. 186.022(8).  For fiscal year 1999 - 2000,

14  the Executive Office of the Governor may provide interim

15  instructions which allow for a phased-in implementation of

16  unit cost reporting by agencies.  Full implementation of unit

17  cost reporting shall be effective with the submission of the

18  September 1, 2000 agency performance report.  In the event

19  that agreement cannot be reached between the Executive Office

20  of the Governor and the legislative appropriations committees

21  regarding legislative program budget instructions, the issue

22  shall be resolved by the Governor, the President of the

23  Senate, and the Speaker of the House of Representatives.

24         Section 3.  The Florida Financial Management

25  Information System Coordinating Council shall submit to the

26  Governor, the President of the Senate, and the Speaker of the

27  House of Representatives by October 1, 1999, a report, with

28  recommendations, on the necessity and feasibility of, and the

29  costs associated with, enhancements to the Florida Accounting

30  Information Resource Subsystem required to support state

31  agencies in providing the unit-cost information required to be


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                                          CS/HB 1, First Engrossed



  1  reported under s. 186.022(8), Florida Statutes, as amended by

  2  this act.

  3         Section 4.  Subsection (3) is added to section 216.241,

  4  Florida Statutes, to read:

  5         216.241  Initiation or commencement of new programs;

  6  approval.--

  7         (3)  Any revenues generated by any tax or fee imposed

  8  by amendment to the State Constitution after October 1, 1999,

  9  shall not be expended by any agency, as defined in s.

10  120.52(1), except pursuant to appropriation by the

11  Legislature.

12         Section 5.  This act shall take effect July 1, 1999.

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