House Bill 0001er

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    1999 Legislature                      CS/HB 1, Third Engrossed



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  2         An act relating to governmental agencies;

  3         amending s. 20.41, F.S.; providing that area

  4         agencies on aging are subject to ch. 119 and

  5         ss. 286.011-286.012, F.S., as specified;

  6         amending s. 186.022, F.S.; requiring each state

  7         agency annual performance report to include an

  8         assessment of performance measures approved by

  9         the Legislature and established in the General

10         Appropriations Act or implementing legislation

11         for the General Appropriations Act for the

12         previous fiscal year and a summary of all

13         moneys that were expended or encumbered by the

14         agency, or for which the agency is otherwise

15         responsible, during the preceding fiscal year

16         and an estimate of such moneys for the current

17         fiscal year; providing requirements for the

18         reporting of such information; providing for a

19         reduction in funding for failure to submit the

20         required state agency annual performance

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

22         instructions with respect to such information

23         to be included in the performance-based

24         legislative program budget instructions;

25         requiring the Florida Financial Management

26         Information System Coordinating Council to

27         submit to the Governor and Legislature a

28         report, with recommendations, relating to the

29         reporting of such information; amending s.

30         216.241, F.S.; prohibiting the expenditure of

31         revenues generated by any tax or fee imposed


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    1999 Legislature                      CS/HB 1, Third Engrossed



  1         pursuant to amendment to the State Constitution

  2         after a specified date except pursuant to

  3         legislative appropriation; providing an

  4         effective date.

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

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

  9  Statutes, 1998 Supplement, is amended to read:

10         186.022  State agency strategic plans; preparation,

11  form, and review.--

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

13  year an annual performance report to the Executive Office of

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

15  Speaker of the House of Representatives, and the Auditor

16  General, and the Office of Program Policy Analysis and

17  Government Accountability. The purpose of this report is to

18  evaluate the attainment of the agency objectives in the agency

19  strategic plan and the performance measures approved by the

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

21  General Appropriations Act or implementing legislation for the

22  General Appropriations Act for the previous fiscal year. In

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

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

25  for which the agency was otherwise responsible, during the

26  preceding fiscal year and an estimate of such moneys projected

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

28  expenditures and estimates of such expenditures must be

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

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

31  for those agencies and programs operating under


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    1999 Legislature                      CS/HB 1, Third Engrossed



  1  performance-based program budgeting and for major services and

  2  products for those agencies and programs operating under

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

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

  5  be expended by each agency and must include expenditures or

  6  projected expenditures of state funds by subordinate

  7  governmental entities and contractors, as applicable. Moneys

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

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

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

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

12  session immediately following the submission of the agency

13  performance report, the Legislature shall reduce in the

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

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

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

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

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

19  manner prescribed by the instructions prepared pursuant to

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

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

22  Statutes, 1998 Supplement, is amended to read:

23         216.0235  Performance-based legislative program budget

24  requests to be furnished by agencies.--

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

26  legislative appropriations committees shall jointly develop

27  legislative program budget instructions from which each agency

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

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

30  program budget request. The program budget instructions must

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


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    1999 Legislature                      CS/HB 1, Third Engrossed



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

  2  each year. The budget instructions must also include

  3  instructions for agencies in submitting performance measures

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

  5  instructions must also include instructions for agencies in

  6  submitting the assessment of performance measures and the

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

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

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

10  Program Policy Analysis and Government Accountability, the

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

12  the legislative appropriations committees, shall develop

13  instructions as to the calculation of the unit-cost

14  information and the format and presentation of the summary

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

16  the Executive Office of the Governor may provide interim

17  instructions which allow for a phased-in implementation of

18  unit cost reporting by agencies.  Full implementation of unit

19  cost reporting shall be effective with the submission of the

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

21  that agreement cannot be reached between the Executive Office

22  of the Governor and the legislative appropriations committees

23  regarding legislative program budget instructions, the issue

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

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

26         Section 3.  The Florida Financial Management

27  Information System Coordinating Council shall submit to the

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

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

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

31  costs associated with, enhancements to the Florida Accounting


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    1999 Legislature                      CS/HB 1, Third Engrossed



  1  Information Resource Subsystem required to support state

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

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

  4  this act.

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

  6  Florida Statutes, to read:

  7         216.241  Initiation or commencement of new programs;

  8  approval.--

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

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

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

12  120.52(1), except pursuant to appropriation by the

13  Legislature.

14         Section 5.  Subsection (9) is added to section 20.41,

15  Florida Statutes, to read:

16         20.41  Department of Elderly Affairs.--There is created

17  a Department of Elderly Affairs.

18         (9)  Area agencies on aging are subject to chapter 119,

19  relating to public records, and, when considering any

20  contracts requiring the expenditure of funds, are subject to

21  ss. 286.011-286.012, relating to public meetings.

22         Section 6.  This act shall take effect July 1, 1999.

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