House Bill 0001e2

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                                         CS/HB 1, Second 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

31         legislative appropriation; amending s. 216.023,


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                                         CS/HB 1, Second Engrossed



  1         F.S.; revising the date for submission of final

  2         legislative budget requests; amending ss.

  3         216.0166, 216.0172, 216.0235, 240.2601, and

  4         240.383, F.S., to conform; amending s. 216.131,

  5         F.S.; making certain public hearings on

  6         legislative budget requests by the Governor and

  7         Chief Justice optional; amending s. 216.181,

  8         F.S.; revising requirements for approval of

  9         amendments to original approved operating

10         budgets involving certain information resources

11         management projects or initiatives; amending s.

12         216.192, F.S.; revising requirements relating

13         to release of appropriations; amending s.

14         216.231, F.S.; revising requirements relating

15         to release of funds for emergencies or

16         deficiencies; removing a public hearing

17         requirement; amending s. 216.262, F.S.;

18         revising requirements for adding or deleting

19         authorized positions; removing public hearing

20         requirements; amending s. 216.292, F.S.;

21         revising requirements relating to transfer of

22         funds between agencies; providing for

23         appropriation of federal funds for fixed

24         capital outlay projects for the Department of

25         Military Affairs; providing for redistribution

26         of the approved operating budget for the

27         special category of risk management; amending

28         s. 255.25, F.S.; providing requirements for a

29         replacement lease of space in privately owned

30         buildings; providing an effective date.

31


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                                         CS/HB 1, Second Engrossed



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

  2

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

  4  Statutes, 1998 Supplement, is amended to read:

  5         186.022  State agency strategic plans; preparation,

  6  form, and review.--

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

  8  year an annual performance report to the Executive Office of

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

10  Speaker of the House of Representatives, and the Auditor

11  General, and the Office of Program Policy Analysis and

12  Government Accountability. The purpose of this report is to

13  evaluate the attainment of the agency objectives in the agency

14  strategic plan and the performance measures approved by the

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

16  General Appropriations Act or implementing legislation for the

17  General Appropriations Act for the previous fiscal year. In

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

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

20  for which the agency was otherwise responsible, during the

21  preceding fiscal year and an estimate of such moneys projected

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

23  expenditures and estimates of such expenditures must be

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

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

26  for those agencies and programs operating under

27  performance-based program budgeting and for major services and

28  products for those agencies and programs operating under

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

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

31  be expended by each agency and must include expenditures or


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                                         CS/HB 1, Second Engrossed



  1  projected expenditures of state funds by subordinate

  2  governmental entities and contractors, as applicable. Moneys

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

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

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

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

  7  session immediately following the submission of the agency

  8  performance report, the Legislature shall reduce in the

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

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

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

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

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

14  manner prescribed by the instructions prepared pursuant to

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

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

17  Statutes, 1998 Supplement, is amended to read:

18         216.0235  Performance-based legislative program budget

19  requests to be furnished by agencies.--

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

21  legislative appropriations committees shall jointly develop

22  legislative program budget instructions from which each agency

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

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

25  program budget request. The program budget instructions must

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

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

28  each year. The budget instructions must also include

29  instructions for agencies in submitting performance measures

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

31  instructions must also include instructions for agencies in


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                                         CS/HB 1, Second Engrossed



  1  submitting the assessment of performance measures and the

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

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

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

  5  Program Policy Analysis and Government Accountability, the

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

  7  the legislative appropriations committees, shall develop

  8  instructions as to the calculation of the unit-cost

  9  information and the format and presentation of the summary

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

11  the Executive Office of the Governor may provide interim

12  instructions which allow for a phased-in implementation of

13  unit cost reporting by agencies.  Full implementation of unit

14  cost reporting shall be effective with the submission of the

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

16  that agreement cannot be reached between the Executive Office

17  of the Governor and the legislative appropriations committees

18  regarding legislative program budget instructions, the issue

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

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

21         Section 3.  The Florida Financial Management

22  Information System Coordinating Council shall submit to the

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

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

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

26  costs associated with, enhancements to the Florida Accounting

27  Information Resource Subsystem required to support state

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

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

30  this act.

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                                         CS/HB 1, Second Engrossed



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

  2  Florida Statutes, to read:

  3         216.241  Initiation or commencement of new programs;

  4  approval.--

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

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

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

  8  120.52(1), except pursuant to appropriation by the

  9  Legislature.

10         Section 5.  Subsections (1) and (2) and paragraph (a)

11  of subsection (7) of section 216.023, Florida Statutes, are

12  amended to read:

13         216.023  Legislative budget requests to be furnished by

14  agencies.--

15         (1)  The head of each state agency shall submit a final

16  legislative budget request to the Legislature and to the

17  Governor, as chief budget officer of the state, in the form

18  and manner prescribed in the budget instructions and at such

19  time as specified by the Executive Office of the Governor,

20  based on the agency's independent judgment of its needs.

21  However, no state agency shall submit its final legislative

22  budget request later than September 15 1 of each year.

23         (2)  The judicial branch and the Division of

24  Administrative Hearings shall submit their final legislative

25  budget requests directly to the Legislature with a copy to the

26  Governor, as chief budget officer of the state, in the form

27  and manner as prescribed in the budget instructions.  However,

28  the final legislative budget requests shall be submitted no

29  later than September 15 1 of each year.

30         (7)(a)  The provisions of subsections (1) and (2) to

31  the contrary notwithstanding, each agency subject to the


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                                         CS/HB 1, Second Engrossed



  1  provisions of this section shall submit its legislative budget

  2  request no later than September 15 1 of the year in which the

  3  agency is required to submit its point-by-point response

  4  pursuant to s. 216.0165(1)(d).

  5         Section 6.  Subsection (1) of section 216.0166, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         216.0166  Submission by state agencies of

  8  performance-based budget requests, programs, and performance

  9  measures.--

10         (1)  Prior to September 15 1 of the fiscal year prior

11  to which a state agency is required to submit a

12  performance-based program budget request pursuant to s.

13  216.0172, such state agency shall identify and submit to the

14  Executive Office of the Governor a list of proposed state

15  agency programs and performance measures. The agency may also

16  provide a list of statutes or rules affecting its performance

17  which may be addressed as incentives or disincentives for the

18  performance-based program budget.  The list should be

19  accompanied by recommended legislation to implement the

20  requested changes for potential incentives. Such

21  identification shall be conducted after discussion with

22  legislative appropriations and appropriate substantive

23  committees and shall be approved by the Executive Office of

24  the Governor. The Executive Office of the Governor, after

25  discussion with legislative appropriations and appropriate

26  substantive committees and the Office of Program Policy

27  Analysis and Government Accountability, shall review the list

28  of programs and performance measures, may make any changes or

29  require the agency to resubmit the list, and shall make a

30  final recommendation of programs and associated performance

31  measures to the Legislature within 60 days after receipt, to


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                                         CS/HB 1, Second Engrossed



  1  be used in the preparation and submission of the state

  2  agency's final legislative budget request pursuant to s.

  3  216.023(5). The Executive Office of the Governor may also

  4  recommend legislation to implement any or all of the proposed

  5  incentives.  Agencies continuing under performance-based

  6  program budgeting may provide as part of their legislative

  7  budget request a list of statutes or rules affecting their

  8  program performance which may be addressed as incentives or

  9  disincentives for the performance-based program budget.

10         Section 7.  Subsections (6), (7), and (8) of section

11  216.0172, Florida Statutes, 1998 Supplement, are amended to

12  read:

13         216.0172  Schedule for submission of performance-based

14  program budgets.--In order to implement the provisions of

15  chapter 94-249, Laws of Florida, state agencies shall submit

16  performance-based program budget legislative budget requests

17  for programs approved pursuant to s. 216.0166 to the Executive

18  Office of the Governor and the Legislature based on the

19  following schedule:

20         (6)  By September 15 1, 1999, for the 2000-2001 fiscal

21  year, by the following:

22         (a)  Division of Administrative Hearings.

23         (b)  Department of Business and Professional

24  Regulation.

25         (c)  Parole and Probation Commission.

26         (d)  Public Service Commission.

27         (e)  Department of Health.

28         (f)  Department of Education (all remaining programs).

29         (7)  By September 15 1, 2000, for the 2001-2002 fiscal

30  year, by the following:

31         (a)  Department of Citrus.


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                                         CS/HB 1, Second Engrossed



  1         (b)  Department of Community Affairs.

  2         (c)  Department of Insurance.

  3         (d)  Department of Veterans' Affairs.

  4         (e)  State attorneys.

  5         (f)  Public defenders.

  6         (g)  Justice Administrative Commission and capital

  7  collateral counsel.

  8         (8)  Any new agency or portion thereof created after

  9  September 15 1, 2000, shall submit a performance-based program

10  budget request for programs approved pursuant to s. 216.0166

11  to the Executive Office of the Governor and the Legislature by

12  September 15 1 of the year following the creation of the

13  agency or portion thereof.

14         Section 8.  Subsections (1) and (2) of section

15  216.0235, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         216.0235  Performance-based legislative program budget

18  requests to be furnished by agencies.--

19         (1)  The head of each state agency shall submit a final

20  legislative program budget request to the Legislature and to

21  the Governor, as chief budget officer of the state, in the

22  form and manner prescribed in the program budget instructions

23  and at such time as specified by the Executive Office of the

24  Governor, based on the agency's independent judgment of its

25  needs. However, a state agency may not submit its final

26  legislative program budget request later than September 15 1

27  of each year. The provisions of s. 216.023 do not apply to

28  programs within state agencies that have been approved to

29  operate under a performance-based program budget.

30         (2)  The judicial branch shall submit its final

31  legislative program budget request directly to the Legislature


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                                         CS/HB 1, Second Engrossed



  1  with a copy to the Governor, as chief budget officer of the

  2  state, in the form and manner prescribed in the program budget

  3  instructions. However, the final legislative program budget

  4  requests shall be submitted no later than September 15 1 of

  5  each year.

  6         Section 9.  Subsection (7) of section 240.2601, Florida

  7  Statutes, is amended to read:

  8         240.2601  State University System Facility Enhancement

  9  Challenge Grant Program.--

10         (7)  By September 15 1 of each year, the Board of

11  Regents shall transmit to the Legislature a list of projects

12  which meet all eligibility requirements to participate in the

13  Alec P. Courtelis Capital Facilities Matching Trust Fund and a

14  budget request which includes the recommended schedule

15  necessary to complete each project.

16         Section 10.  Subsection (8) of section 240.383, Florida

17  Statutes, is amended to read:

18         240.383  State Community College System Facility

19  Enhancement Challenge Grant Program.--

20         (8)  By September 15 1 of each year, the Division of

21  Community Colleges shall transmit to the Legislature a list of

22  projects which meet all eligibility requirements to

23  participate in the State Community College System Facility

24  Enhancement Challenge Grant Program and a budget request which

25  includes the recommended schedule necessary to complete each

26  project.

27         Section 11.  Section 216.131, Florida Statutes, is

28  amended to read:

29         216.131  Public hearings on legislative budgets.--The

30  Governor and the Chief Justice of the Supreme Court may shall

31  each provide for at least one public hearing prior to


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                                         CS/HB 1, Second Engrossed



  1  submission of budget recommendations to the Legislature on

  2  issues contained in agency legislative budget requests or in

  3  the judicial branch budget request and issues which may be

  4  included in budget recommendations to the Legislature, which

  5  shall be held at such time as the Governor or the Chief

  6  Justice may fix. The Governor may require the attendance at

  7  his or her hearings of the heads or responsible

  8  representatives of all state agencies supported by any form of

  9  taxation or licenses, fees, imposts, or exactions.

10         Section 12.  Subsection (4) of section 216.181, Florida

11  Statutes, 1998 Supplement, 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 the Technology Review

18  Workgroup Administration Commission as provided in this

19  chapter for the executive branch and the Chief Justice for the

20  judicial branch if the amendment is for an information

21  resources management project or initiative that involves more

22  than one agency, has an outcome that impacts another agency,

23  or exceeds $500,000 in total cost over a 1-year period, except

24  for those projects that are a continuation of hardware or

25  software maintenance or software licensing agreements, or that

26  are for desktop replacement that is similar to the technology

27  currently in use.

28         Section 13.  Subsection (1) of section 216.192, Florida

29  Statutes, is amended to read:

30         216.192  Release of appropriations; revision of

31  budgets.--


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                                         CS/HB 1, Second Engrossed



  1         (1)  Unless otherwise provided in the General

  2  Appropriations Act, on July 1 of each fiscal year, 25 20

  3  percent of the original approved operating budget of each

  4  agency and of the judicial branch shall be released and the

  5  until such time as annual plans for quarterly releases for all

  6  appropriations shall be have been developed, approved, and

  7  furnished to the Comptroller by the Executive Office of the

  8  Governor for state agencies and by the Chief Justice of the

  9  Supreme Court for the judicial branch.  The plans, including

10  appropriate plans of releases for fixed capital outlay

11  projects that correspond with each project schedule, shall

12  attempt to maximize the use of trust funds and shall be

13  transmitted to the Comptroller by August 1 of each fiscal

14  year. Such releases shall at no time exceed the total

15  appropriations available to a state agency or to the judicial

16  branch, or the approved budget for such agency or the judicial

17  branch if less. The Comptroller shall enter such releases in

18  his or her records in accordance with the release plans

19  prescribed by the Executive Office of the Governor and the

20  Chief Justice, unless otherwise amended as provided by law.

21  The Executive Office of the Governor and the Chief Justice

22  shall transmit a copy of the approved annual releases to the

23  head of the state agency, the chairs of the legislative

24  appropriations committees, and the Auditor General. The

25  Comptroller shall authorize all expenditures to be made from

26  the appropriations on the basis of such releases and in

27  accordance with the approved budget, and not otherwise.

28  Expenditures shall be authorized only in accordance with

29  legislative authorizations. Nothing herein precludes periodic

30  reexamination and revision by the Executive Office of the

31  Governor or by the Chief Justice of the annual plans for


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                                         CS/HB 1, Second Engrossed



  1  release of appropriations and the notifications of the parties

  2  of all such revisions.

  3         Section 14.  Subsections (1) and (2) of section

  4  216.231, Florida Statutes, are amended to read:

  5         216.231  Release of certain classified

  6  appropriations.--

  7         (1)(a)  Any appropriation to the Executive Office of

  8  the Governor which is classified as "emergency," as defined in

  9  s. 252.34(3), may be released only with the approval of the

10  Governor. The state agency, or the judicial branch, desiring

11  the use of the emergency appropriation shall submit to the

12  Executive Office of the Governor application therefor in

13  writing setting forth the facts from which the alleged need

14  arises.  The Executive Office of the Governor shall, at a

15  public hearing, review such application promptly and approve

16  or disapprove the applications as the circumstances may

17  warrant. The provisions of this paragraph are subject to the

18  notice, review, and objection procedures set forth in s.

19  216.177. All actions of the Executive Office of the Governor

20  shall be reported to the legislative appropriations

21  committees, and the committees may advise the Executive Office

22  of the Governor relative to the release of such funds.

23         (b)  The release of appropriated funds classified as

24  "emergency" shall be approved only when an act or circumstance

25  caused by an act of God, civil disturbance, natural disaster,

26  or other circumstance of an emergency nature threatens,

27  endangers, or damages the property, safety, health, or welfare

28  of the state or its citizens, which condition has not been

29  provided for in appropriation acts of the Legislature. Funds

30  allocated for this purpose may be used to pay overtime pay to

31  personnel of agencies called upon to perform extra duty


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                                         CS/HB 1, Second Engrossed



  1  because of any civil disturbance or other emergency as defined

  2  in s. 252.34(3) and to provide the required state match for

  3  federal grants under the federal Disaster Relief Act.

  4         (2)  The release of appropriated funds classified as

  5  "deficiency" shall be approved only when a General Revenue

  6  Fund appropriation for operations of a state agency or of the

  7  judicial branch is inadequate because the workload or cost of

  8  the operation exceeds that anticipated by the Legislature and

  9  a determination has been made by the Executive Office of the

10  Governor commission that the deficiency will result in an

11  impairment of the activities of an agency or of the judicial

12  branch to the extent that the agency is unable to carry out

13  its program as provided by the Legislature in the general

14  appropriations acts. These funds may not be used for creation

15  of any new agency or program, for increases of salary, or for

16  the construction or equipping of additional buildings. The

17  provisions of this subsection are subject to the notice,

18  review, and objection procedures set forth in s. 216.177.

19         Section 15.  Paragraphs (a) and (b) of subsection (1)

20  of section 216.262, Florida Statutes, 1998 Supplement, are

21  amended to read:

22         216.262  Authorized positions.--

23         (1)(a)  Unless otherwise expressly provided by law, the

24  total number of authorized positions may not exceed the total

25  provided in the appropriations acts.  In the event any state

26  agency or entity of the judicial branch finds that the number

27  of positions so provided is not sufficient to administer its

28  authorized programs, it may file an application with the

29  Executive Office of the Governor or the Chief Justice; and, if

30  the office or Chief Justice certifies that there are no

31  authorized positions available for addition, deletion, or


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                                         CS/HB 1, Second Engrossed



  1  transfer within the agency as provided in paragraph (c) and

  2  recommends an increase in the number of positions, the

  3  Executive Office of the Governor commission or the Chief

  4  Justice may, after a public hearing, authorize an increase in

  5  the number of positions for the following reasons only:

  6         1.  To implement or provide for continuing federal

  7  grants or changes in grants not previously anticipated;

  8         2.  To meet emergencies pursuant to s. 252.36;

  9         3.  To satisfy new federal regulations or changes

10  therein;

11         4.  To take advantage of opportunities to reduce

12  operating expenditures or to increase the revenues of the

13  state or local government; and

14         5.  To authorize positions which were not fixed by the

15  Legislature through error in drafting the appropriations acts.

16

17  The provisions of this paragraph are subject to the notice and

18  review procedures set forth in s. 216.177.  A copy of the

19  application, the certification, and the final authorization

20  shall be filed with the legislative appropriations committees

21  and with the Auditor General.

22         (b)  The Executive Office of the Governor

23  Administration Commission and the Chief Justice may, after a

24  public hearing, delete supervisory or managerial positions

25  within a department and establish direct service delivery

26  positions in excess of the number of supervisory or managerial

27  positions deleted.  The salary rate for all positions

28  authorized under this paragraph may not exceed the salary rate

29  for all positions deleted under this paragraph. Positions

30  affected by changes made under this paragraph may be funded

31  only from identical funding sources.


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                                         CS/HB 1, Second Engrossed



  1         Section 16.  Subsections (2), (3), and (5) and

  2  paragraph (b) of subsection (8) of section 216.292, Florida

  3  Statutes, 1998 Supplement, are amended to read:

  4         216.292  Appropriations nontransferable; exceptions.--

  5         (2)  A lump sum appropriated for a performance-based

  6  program must be distributed by the Governor for state agencies

  7  or the Chief Justice for the judicial branch into the

  8  traditional expenditure categories in accordance with s.

  9  216.181(5)(b).  At any time during the year, the agency head

10  or Chief Justice may transfer funds between those categories

11  with no limit on the amount of the transfer. Authorized

12  revisions of the original approved operating budget, together

13  with related changes, if any, must be transmitted by the state

14  agency or by the judicial branch to the Executive Office of

15  the Governor or the Chief Justice, the chairs of the

16  legislative appropriations committees, the Office of Program

17  Policy Analysis and Government Accountability, and the Auditor

18  General. Such authorized revisions shall be consistent with

19  the intent of the approved operating budget, shall be

20  consistent with legislative policy and intent, and shall not

21  conflict with specific spending policies specified in the

22  General Appropriations Act. The Executive Office of the

23  Governor shall forward a copy of the revisions within 7

24  working days to the Comptroller for entry in his or her

25  records in the manner and format prescribed by the Executive

26  Office of the Governor in consultation with the Comptroller.

27  Such authorized revisions shall be consistent with the intent

28  of the approved operating budget, shall be consistent with

29  legislative policy and intent, and shall not conflict with

30  specific spending policies specified in the General

31  Appropriations Act. Additionally, subsection (3) shall not


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                                         CS/HB 1, Second Engrossed



  1  apply to programs operating under performance-based program

  2  budgeting where a lump sum was appropriated.

  3         (3)  The head of each department or the Chief Justice

  4  of the Supreme Court, whenever it is deemed necessary by

  5  reason of changed conditions, may transfer appropriations

  6  funded from identical funding sources, except appropriations

  7  for fixed capital outlay, and transfer the amounts included

  8  within the total original approved budget and releases as

  9  furnished pursuant to ss. 216.181 and 216.192, as follows:

10         (a)  Between categories of appropriations within a

11  budget entity, if no category of appropriation is increased or

12  decreased by more than 5 percent of the original approved

13  budget or $150,000 $25,000, whichever is greater, by all

14  action taken under this subsection.

15         (b)  Additionally, between budget entities within

16  identical categories of appropriations, if no category of

17  appropriation is increased or decreased by more than 5 percent

18  of the original approved budget or $150,000 $25,000, whichever

19  is greater, by all action taken under this subsection.

20

21  (c)  Such authorized revisions must be consistent with the

22  intent of the approved operating budget, must be consistent

23  with legislative policy and intent, and must not conflict with

24  specific spending policies specified in the General

25  Appropriations Act. Such authorized revisions, together with

26  related changes, if any, in the plan for release of

27  appropriations, shall be transmitted by the state agency or by

28  the judicial branch to the Comptroller for entry in the

29  Comptroller's records in the manner and format prescribed by

30  the Executive Office of the Governor in consultation with the

31  Comptroller.  A copy of such revision shall be furnished to


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                                         CS/HB 1, Second Engrossed



  1  the Executive Office of the Governor or the Chief Justice, the

  2  chairs of the legislative committees, and the Auditor General.

  3         (5)(a)  Transfers of appropriations for operations from

  4  the General Revenue Fund in excess of those provided in

  5  subsections (3) and (4) but within a state agency or within

  6  the judicial branch may be authorized by the Executive Office

  7  of the Governor commission for the executive branch and the

  8  Chief Justice for the judicial branch, pursuant to the request

  9  of the agency filed with the Executive Office of the Governor,

10  or pursuant to the request of an entity of the judicial branch

11  filed with the Chief Justice of the Supreme Court, if deemed

12  necessary and in the best interest of the state and consistent

13  with legislative policy and intent.  The provisions of this

14  paragraph are subject to the notice, review, and objection

15  procedures set forth in s. 216.177.

16         (b)  When an appropriation for a named fixed capital

17  outlay project is found to be in excess of that needed to

18  complete that project, at the request of the Executive Office

19  of the Governor for state agencies or the Chief Justice of the

20  Supreme Court for the judicial branch the excess may be

21  transferred, with the approval of the commission or the Chief

22  Justice, to another project for which there has been an

23  appropriation in the same fiscal year from the same fund and

24  within the same department where a deficiency is found to

25  exist. Further, a fixed capital outlay project may not be

26  initiated without a specific legislative appropriation, nor

27  may the scope of a fixed capital outlay project be changed by

28  the transfer of funds. However, federal funds for fixed

29  capital outlay projects for the Department of Military Affairs

30  which do not carry a continuing commitment on future

31  appropriations are hereby appropriated for the purpose


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                                         CS/HB 1, Second Engrossed



  1  received. The provisions of this paragraph are subject to the

  2  notice, review, and objection procedures set forth in s.

  3  216.177.

  4         (8)

  5         (b)  Should any state agency or the judicial branch

  6  become more than 90 days delinquent in paying the Division of

  7  Risk Management of the Department of Insurance for insurance

  8  coverage, the Department of Insurance may certify to the

  9  Comptroller the amount due; and the Comptroller shall transfer

10  the amount due to the Division of Risk Management from any

11  funds of the agency or the judicial branch available. The

12  Executive Office of the Governor is authorized to redistribute

13  the approved operating budget for the special category for

14  risk management as part of the initial approved financial plan

15  based on the total appropriation for the Florida Casualty

16  Insurance Risk Management Trust Fund and distributed in

17  accordance with the cost allocation schedules provided by the

18  Division of Risk Management, which includes all state

19  agencies, the judicial branch, and the legislative branch.

20         Section 17.  Paragraphs (a) and (b) of subsection (3)

21  of section 255.25, Florida Statutes, 1998 Supplement, are

22  amended to read:

23         255.25  Approval required prior to construction or

24  lease of buildings.--

25         (3)(a)  Except as provided in paragraph (b) and

26  subsection (10), no state agency shall enter into a lease as

27  lessee for the use of 3,000 square feet or more of space in a

28  privately owned building except upon advertisement for and

29  receipt of competitive bids and award to the lowest and best

30  bidder.  The Department of Management Services shall have the

31  authority to approve a lease for 3,000 square feet or more of


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                                         CS/HB 1, Second Engrossed



  1  space that covers more than 1 fiscal year, subject to the

  2  provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503,

  3  if such lease is, in the judgment of the department, in the

  4  best interests of the state. This paragraph does not apply to

  5  buildings or facilities of any size leased for the purpose of

  6  providing care and living space for persons.

  7         (b)  The Department of Management Services may approve

  8  extensions of an existing lease of 3,000 square feet or more

  9  of space if such extensions are determined to be in the best

10  interests of the state, but in no case shall the total of such

11  extensions exceed 11 months.  If at the end of the 11th month

12  an agency still needs space, such space it shall be procured

13  by competitive bid in accordance with s. 255.249(2)(b); or, if

14  an agency determines that it is in its best interest to remain

15  in the space it currently occupies, the agency may negotiate a

16  replacement lease with the lessor if an independent market

17  analysis demonstrates that the rates offered are within market

18  rates for the space offered, and if the cost of the new lease

19  does not exceed the cost of a comparable lease plus documented

20  moving costs. A present value analysis and the consumer price

21  index shall be used in the calculation of lease costs. The

22  term of the replacement lease shall not exceed the base term

23  of the expiring lease.

24         Section 18.  This act shall take effect July 1, 1999.

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