Senate Bill 2004

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    Florida Senate - 1999                                  SB 2004

    By Senator Cowin





    11-1361-99                                          See HB 497

  1                      A bill to be entitled

  2         An act relating to the executive branch of

  3         state government; amending ss. 20.21, 20.37,

  4         F.S.; providing that the head of the Department

  5         of Revenue and the Department of Veterans'

  6         Affairs shall be a secretary appointed by the

  7         Governor, subject to confirmation by the

  8         Senate; amending s. 20.10, F.S.; repealing s.

  9         20.24, F.S.; creating s. 20.241, F.S.;

10         abolishing the Department of Highway Safety and

11         Motor Vehicles and creating a Department of

12         Highway Safety; transferring the Division of

13         Driver Licenses and Division of Motor Vehicles

14         to the Department of State; transferring the

15         Florida Highway Patrol to the Department of

16         Highway Safety; providing for transfer of

17         positions and trust funds and for interagency

18         agreements; providing for availability of

19         driver's license information to the Department

20         of Highway Safety; directing that reviser's

21         bills be prepared to conform the Florida

22         Statutes; amending s. 322.125, F.S.; providing

23         for appointment of members of the Medical

24         Advisory Board within the Department of State

25         by the Secretary of State; amending ss. 20.32,

26         947.02, 947.021, 947.03, 947.04, F.S.;

27         providing for appointment of the Parole

28         Commission, parole qualifications committees,

29         and officers thereof by the Governor, rather

30         than the Governor and Cabinet; amending s.

31         110.181, F.S.; providing for appointment of

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         seven members of the Florida State Employees'

  2         Charitable Campaign steering committee by the

  3         Governor and Cabinet members rather than the

  4         Administration Commission; amending ss.

  5         110.112, 110.161, 110.209, 110.21, 110.211,

  6         110.219, F.S.; removing the requirement that

  7         the Administration Commission approve rules

  8         relating to agency affirmative action plans,

  9         the pretax benefits program, pay plans, shared

10         employment, recruitment, and attendance and

11         leave; amending s. 110.1225, F.S.; providing

12         that the Governor, rather than the

13         Administration Commission, may propose employee

14         furlough plans; providing that a Cabinet member

15         may propose such plans for his or her agency;

16         amending s. 110.205, F.S.; removing the

17         requirement that the Administration Commission

18         approve certain positions exempt from the

19         Career Service System; amending s. 110.209,

20         F.S.; providing that the Governor, rather than

21         the Administration Commission, shall review

22         actions relating to pay grade assignments;

23         amending s. 112.175, F.S.; providing that the

24         Department of Management Services, rather than

25         the Administration Commission, shall adopt

26         rules relating to withholding of wages to repay

27         educational loans; amending ss. 215.18 and

28         215.32, F.S.; providing that the Governor,

29         rather than the Administration Commission,

30         shall order certain transfers between funds and

31         approve trust fund consolidations; amending ss.

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         216.177, 216.179, 216.181, 216.182, 216.192,

  2         216.195, 216.221, 216.231, 216.241, 216.251,

  3         216.262, 216.292, 240.513, F.S.; providing that

  4         the Governor, rather than the Administration

  5         Commission, shall have responsibilities in the

  6         following areas relating to appropriations and

  7         budgeting:  appropriations act review and

  8         objection procedures, authorization of

  9         expenditures, amendments to approved operating

10         budgets, review of determinations relating to

11         fixed capital outlay program plans, review of

12         plans for releases of funds, impoundment of

13         funds, implementing certain deficit reduction

14         plans, release of funds classified as

15         "deficiency," approval of new programs or

16         program changes, setting of certain salaries,

17         certain adjustments to authorized positions,

18         and authorization of certain fund transfers;

19         amending s. 195.087, F.S.; removing provisions

20         which allow property appraisers to appeal

21         budget decisions to the Administration

22         Commission; amending s. 213.055, F.S.;

23         providing that the Governor, rather than the

24         Governor and Cabinet, may grant certain fuel

25         tax refunds in an emergency; amending s.

26         336.025, F.S.; providing that the Governor,

27         rather than the Administration Commission,

28         shall resolve disputes relating to

29         determination of distribution proportions for

30         the local option fuel tax for county

31         transportation systems; amending ss. 212.0599,

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         213.065, 213.066, F.S.; removing references to

  2         adoption by the Governor and Cabinet of certain

  3         implementing rules of the Department of

  4         Revenue; amending ss. 161.101, 366.055, F.S.;

  5         providing that the Governor, rather than the

  6         Governor and Cabinet, shall have responsibility

  7         for declaration of a shoreline emergency and

  8         declaration of an energy emergency; amending s.

  9         339.135, F.S.; removing responsibilities of the

10         Administration Commission with respect to

11         approval of proposed amendments by the

12         Department of Transportation to an adopted work

13         program when objection has been made thereto;

14         amending s. 945.6035, F.S.; providing for

15         appeals to the Governor, rather than the

16         Administration Commission, for resolution of

17         disputes between the Department of Corrections

18         and the Correctional Medical Authority;

19         providing effective dates.

20

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

22

23         Section 1.  Subsections (1) and (5) of section 20.21,

24  Florida Statutes, are amended to read:

25         20.21  Department of Revenue.--There is created a

26  Department of Revenue.

27         (1)  The head of the Department of Revenue is the

28  Secretary of Revenue Governor and Cabinet.  The secretary

29  shall be appointed by the Governor, subject to confirmation by

30  the Senate.  The secretary shall serve at the pleasure of the

31  Governor.

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         (5)  The position of taxpayers' rights advocate is

  2  created within the Department of Revenue.  The taxpayers'

  3  rights advocate shall be appointed by and report to the

  4  secretary executive director of the department. The

  5  responsibilities of the taxpayers' rights advocate include,

  6  but are not limited to, the following:

  7         (a)  Facilitating the resolution of taxpayer complaints

  8  and problems which have not been resolved through normal

  9  administrative channels within the department, including any

10  taxpayer complaints regarding unsatisfactory treatment of

11  taxpayers by employees of the department.

12         (b)  Issuing a stay action on behalf of a taxpayer who

13  has suffered or is about to suffer irreparable loss as a

14  result of action by the department.

15         Section 2.  Subsection (1) of section 20.37, Florida

16  Statutes, is amended to read:

17         20.37  Department of Veterans' Affairs.--There is

18  created a Department of Veterans' Affairs.

19         (1)  The head of the department is the Secretary of

20  Veterans' Affairs Governor and Cabinet.  The secretary

21  executive director of the department shall be appointed by the

22  Governor, with the approval of three members of the Cabinet

23  and subject to confirmation by the Senate.  The secretary

24  executive director shall serve at the pleasure of the Governor

25  and Cabinet.

26         Section 3.  The Division of Statutory Revision of the

27  Joint Legislative Management Committee is directed to conform

28  provisions of the Florida Statutes to reflect the changes made

29  by this act relating to the heads of the Department of Revenue

30  and the Department of Veterans' Affairs.  The division shall

31  prepare reviser's bills to implement this section in

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  consultation with the appropriate committees of the

  2  Legislature.

  3         Section 4.  The Department of Highway Safety and Motor

  4  Vehicles is abolished.

  5         (1)  All statutory powers, duties, functions, records,

  6  personnel, property, and unexpended balances of

  7  appropriations, allocations, or other funds of the Division of

  8  Motor Vehicles and the Division of Driver Licenses of the

  9  department, and all existing authority and actions of those

10  divisions, including, but not limited to, all pending and

11  completed actions on orders and rules, all enforcement

12  matters, and delegations, interagency agreements, and

13  contracts with federal, state, regional, and local governments

14  and private entities, are transferred to the Department of

15  State.

16         (2)  All statutory powers, duties, functions, records,

17  personnel, property, and unexpended balances of

18  appropriations, allocations, or other funds of the Florida

19  Highway Patrol of the department, and all existing legal

20  authorities and actions of the Florida Highway Patrol,

21  including, but not limited to, all pending and completed

22  action on orders and rules, all enforcement matters, and all

23  delegations, interagency agreements, and contracts with

24  federal, state, regional, and local governments and private

25  entities are transferred to the Department of Highway Safety.

26  Those positions primarily supporting the Division of the

27  Florida Highway Patrol within the Department of Highway Safety

28  and Motor Vehicles are hereby transferred to the Department of

29  Highway Safety.

30         (3)  The Governor is hereby granted the specific

31  authority to shift positions, consistent with the notice and

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  review requirements of section 216.177, Florida Statutes,

  2  between the former Department of Highway Safety and Motor

  3  Vehicles now located within the Department of State and the

  4  Department of Highway Safety as created by this act to promote

  5  the efficient and effective operation of both departments.

  6         (4)  The Department of State and the Department of

  7  Highway Safety shall have the authority to enter into

  8  interagency agreements with each other concerning any matter

  9  affected by the transfer of the Department of Highway Safety

10  and Motor Vehicles to the Department of State and the creation

11  of the Department of Highway Safety to promote the efficient

12  and effective operation of both departments.

13         (5)  Those trust funds or portions of trust funds which

14  were used to fund the operation of the Division of the Florida

15  Highway Patrol within the Department of Highway Safety and

16  Motor Vehicles are transferred to the Administration Trust

17  Fund of the Department of Highway Safety.

18         Section 5.  Paragraphs (h) and (i) are added to

19  subsection (2) of section 20.10, Florida Statutes, and

20  subsection (3) is added to that section, to read:

21         20.10  Department of State.--There is created a

22  Department of State.

23         (2)  The following divisions of the Department of State

24  are established:

25         (h)  Division of Driver Licenses.

26         (i)  Division of Motor Vehicles.

27         (3)  Driver license information obtained by the

28  Department of State shall be available on a priority basis to

29  the Department of Highway Safety for any purposes necessary to

30  carry out the responsibilities of the Department of Highway

31  Safety.

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         Section 6.  Section 20.24, Florida Statutes, is hereby

  2  repealed.

  3         Section 7.  Section 20.241, Florida Statutes, is

  4  created to read:

  5         20.241  Department of Highway Safety.--There is created

  6  a Department of Highway Safety.

  7         (1)  The head of the department is the Secretary of

  8  Highway Safety.  The secretary shall be appointed by the

  9  Governor with the approval of three members of the Cabinet,

10  subject to confirmation by the Senate.  The secretary shall

11  serve at the pleasure of the Governor.

12         (2)  The following divisions of the Department of

13  Highway Safety are established:

14         (a)  Division of Administration.

15         (b)  Division of the Florida Highway Patrol.

16         (3)  Bureaus may be established as deemed necessary to

17  promote efficient and effective operation of the department,

18  pursuant to s. 20.04.

19         Section 8.  The Division of Statutory Revision of the

20  Joint Legislative Management Committee is directed to conform

21  provisions of the Florida Statutes to reflect the abolition of

22  the Department of Highway Safety and Motor Vehicles, creation

23  of the Department of Highway Safety, and transfer of the

24  Florida Highway Patrol, Division of Motor Vehicles, and

25  Division of Driver Licenses by this act.  The division shall

26  prepare a reviser's bill to implement this section in

27  consultation with the appropriate committees of the

28  Legislature.

29         Section 9.  Subsection (1) of section 322.125, Florida

30  Statutes, 1998 Supplement, is amended to read:

31         322.125  Medical Advisory Board.--

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         (1)  There shall be a Medical Advisory Board

  2  established within the Department of State to be composed of

  3  not fewer than 12 or more than 25 members, at least one of

  4  whom must be 60 years of age or older and all but one of whose

  5  medical and other specialties must relate to driving

  6  abilities, which number must include a doctor of medicine who

  7  is employed by the Department of State Highway Safety and

  8  Motor Vehicles in Tallahassee, who shall serve as

  9  administrative officer for the board.  The directors of the

10  Division of Motor Vehicles and the Division of Driver Licenses

11  executive director of the Department of Highway Safety and

12  Motor Vehicles shall recommend persons to serve as board

13  members.  Every member but two must be a doctor of medicine

14  licensed to practice medicine in this or any other state and

15  must be a member in good standing of the Florida Medical

16  Association or the Florida Osteopathic Association.  One

17  member must be an optometrist licensed to practice optometry

18  in this state and must be a member in good standing of the

19  Florida Optometric Association.  One member must be a

20  chiropractic physician licensed to practice chiropractic

21  medicine in this state.  Members shall be appointed approved

22  by the Secretary of State Cabinet and shall serve 4-year

23  staggered terms.  The board membership must, to the maximum

24  extent possible, consist of equal representation of the

25  disciplines of the medical community treating the mental or

26  physical disabilities that could affect the safe operation of

27  motor vehicles.

28         Section 10.  Subsection (2) of section 20.32, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         20.32  Parole Commission.--

31

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         (2)  All powers, duties, and functions relating to the

  2  appointment of the Parole Commission as provided in s. 947.02

  3  or s. 947.021 shall be exercised and performed by the Governor

  4  and the Cabinet.  Except as provided in s. 947.021, each

  5  appointment shall be made from among the first three eligible

  6  persons on the list of the persons eligible for said position.

  7         Section 11.  Section 947.02, Florida Statutes, is

  8  amended to read:

  9         947.02  Parole Commission; members, appointment.--

10         (1)  Except as provided in s. 947.021, the members of

11  the Parole Commission shall be appointed by the Governor and

12  Cabinet from a list of eligible applicants submitted by a

13  parole qualifications committee.  The appointments of members

14  of the commission shall be certified to the Senate by the

15  Governor and Cabinet for confirmation, and the membership of

16  the commission shall include representation from minority

17  persons as defined in s. 288.703.

18         (2)  A parole qualifications committee shall consist of

19  five persons who are appointed by the Governor and Cabinet.

20  One member shall be designated as chairman by the Governor and

21  Cabinet. The committee shall provide for statewide

22  advertisement and the receiving of applications for any

23  position or positions on the commission and shall devise a

24  plan for the determination of the qualifications of the

25  applicants by investigations and comprehensive evaluations,

26  including, but not limited to, investigation and evaluation of

27  the character, habits, and philosophy of each applicant.  Each

28  parole qualifications committee shall exist for 2 years.  If

29  additional vacancies on the commission occur during this

30  2-year period, the committee may advertise and accept

31  additional applications; however, all previously submitted

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  applications shall be considered along with the new

  2  applications according to the previously established plan for

  3  the evaluation of the qualifications of applicants.

  4         (3)  Within 90 days before an anticipated vacancy by

  5  expiration of term pursuant to s. 947.03 or upon any other

  6  vacancy, the Governor and Cabinet shall appoint a parole

  7  qualifications committee if one has not been appointed during

  8  the previous 2 years.  The committee shall consider

  9  applications for the commission seat, including the

10  application of an incumbent commissioner if he applies,

11  according to the provisions of subsection (2).  The committee

12  shall submit a list  of three eligible applicants, which may

13  include the incumbent if the committee so decides, without

14  recommendation, to the Governor and Cabinet for appointment to

15  the commission.  In the case of an unexpired term, the

16  appointment must be for the remainder of the unexpired term

17  and until a successor is appointed and qualified. If more than

18  one seat is vacant, the committee shall submit a list of

19  eligible applicants, without recommendation, containing a

20  number of names equal to three times the number of vacant

21  seats; however, the names submitted shall not be distinguished

22  by seat, and each submitted applicant shall be considered

23  eligible for each vacancy.

24         (4)  Upon receiving a list of eligible persons from the

25  parole qualifications committee, the Governor and Cabinet may

26  reject the list.  If the list is rejected, the committee shall

27  reinitiate the application and examination procedure according

28  to the provisions of subsection (2).

29         (5)  The provisions of s. 120.525 and chapters 119 and

30  286 apply to all activities and proceedings of a parole

31  qualifications committee.

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         Section 12.  Section 947.021, Florida Statutes, is

  2  amended to read:

  3         947.021  Parole Commission; expedited

  4  appointments.--Whenever the Legislature decreases the

  5  membership of the commission, all terms of office shall

  6  expire, notwithstanding any law to the contrary.  Under such

  7  circumstances, the Governor and Cabinet shall expedite the

  8  appointment of commissioners. Notwithstanding the parole

  9  qualifications committee procedure in s. 947.02, members shall

10  be directly appointed by the Governor and Cabinet. Members

11  appointed to the commission may be selected from incumbents.

12  Members shall be certified to the Senate by the Governor and

13  Cabinet for confirmation, and the membership of the commission

14  shall include representation from minority persons as defined

15  in s. 288.703.

16         Section 13.  Section 947.03, Florida Statutes, is

17  amended to read:

18         947.03  Commissioners; tenure and removal.--

19         (1)  Unless otherwise provided by law, each

20  commissioner serving on July 1, 1983, shall be permitted to

21  remain in office until completion of his current term.  Upon

22  the expiration of the term, a successor shall be appointed in

23  the manner prescribed pursuant to the provisions of this

24  section, unless otherwise provided by law. Members appointed

25  by the Governor and Cabinet shall be appointed for terms of 6

26  years, unless otherwise provided by law.  No person is

27  eligible to be appointed for more than two consecutive 6-year

28  terms.

29         (2)  Vacancies in the membership of the commission

30  shall be filled by the Governor and Cabinet for the unexpired

31  term in the manner provided for in s. 947.02.

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         (3)  Each member appointed by the Governor and Cabinet

  2  is accountable to the Governor and Cabinet for the proper

  3  performance of the duties of his office.  The Governor and

  4  Cabinet may remove from office any such member for

  5  malfeasance, misfeasance, neglect of duty, drunkenness,

  6  incompetence, or permanent inability to perform official

  7  duties or for pleading guilty or nolo contendere to, or being

  8  found guilty of, a felony. All such removals shall be

  9  submitted to the Senate for its consent as provided by the

10  constitution.

11         Section 14.  Subsection (1) of section 947.04, Florida

12  Statutes, is amended to read:

13         947.04  Organization of commission; officers;

14  offices.--

15         (1)  Before July 1 of each even-numbered year, the

16  Governor and Cabinet shall select a chairman who shall serve

17  for a period of 2 years and until a successor is selected and

18  qualified. The Governor and Cabinet shall, at the same time

19  that a chairman is selected, select a vice chairman to serve

20  during the same 2-year period as the chairman, in the absence

21  of the chairman. The chairman may not succeed himself.  The

22  chairman, as chief administrative officer of the commission,

23  has the authority and responsibility to plan, direct,

24  coordinate, and execute the powers, duties, and

25  responsibilities assigned to the commission, except those of

26  granting and revoking parole as provided for in this chapter.

27  Subject to approval by the Governor and the Cabinet, the

28  chairman may assign consenting retired commissioners or former

29  commissioners to temporary duty when there is a workload need.

30  Any such commissioner shall be paid $100 for each day or

31  portion of a day spent on the work of the commission and shall

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  be reimbursed for travel expenses as provided in s. 112.061.

  2  The chairman is authorized to provide or disseminate

  3  information relative to parole by means of documents,

  4  seminars, programs, or otherwise as he determines necessary.

  5  The chairman shall establish, execute, and be held accountable

  6  for all administrative policy decisions. However, decisions to

  7  grant or revoke parole shall be made in accordance with the

  8  provisions of ss. 947.172, 947.174, and 947.23. The

  9  commissioners shall be directly accountable to the chairman in

10  the execution of their duties as commissioners, and the

11  chairman has authority to recommend to the Governor suspension

12  of a commissioner who fails to perform the duties provided for

13  by statute.

14         Section 15.  Subsection (4) of section 110.181, Florida

15  Statutes, is amended to read:

16         110.181  Florida State Employees' Charitable

17  Campaign.--

18         (4)  FLORIDA STATE EMPLOYEES' CHARITABLE CAMPAIGN

19  STEERING COMMITTEE.--A Florida State Employees' Charitable

20  Campaign steering committee shall be established with nine

21  seven members.  The chair shall be appointed by the Governor

22  and each Cabinet officer shall appoint a member. appointed by

23  members of the administration commission, and Two members

24  shall be appointed by the secretary of the department from

25  among applications submitted from other agencies or

26  departments. The committee, whose members shall serve

27  staggered terms, shall meet at the call of the secretary.

28  Members shall serve without compensation, but shall be

29  entitled to receive reimbursement for travel and per diem

30  expenses as provided in s. 112.061.

31

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         Section 16.  Paragraph (a) of subsection (2) of section

  2  110.112, Florida Statutes, is amended to read:

  3         110.112  Affirmative action; equal employment

  4  opportunity.--

  5         (2)(a)  The head of each executive agency shall develop

  6  and implement an affirmative action plan in accordance with

  7  rules adopted by the department and approved by a majority

  8  vote of the Administration Commission before their adoption.

  9         Section 17.  Section 110.1225, Florida Statutes, is

10  amended to read:

11         110.1225  Furloughs.--When a deficit is projected by

12  the Revenue Estimating Conference pursuant to s. 216.136(3),

13  in any fund that supports salary and benefit appropriations to

14  an agency headed by the Governor or when such deficit is

15  projected in any fund or funds that support salary and benefit

16  appropriations to all agencies, the Governor Administration

17  Commission may propose a furlough plan to the Legislature,

18  which must approve or disapprove such plan.  The plan must

19  identify all affected positions and ensure that all affected

20  employees are subject to the same reduction of hours for the

21  same number of pay periods with a commensurate reduction in

22  pay. In the case of a projected deficit which is limited to a

23  fund that supports salary and benefits within a single agency

24  headed by a Cabinet member, that member may propose a furlough

25  plan to the Legislature, which must approve or disapprove such

26  plan.

27         Section 18.  Subsection (5) of section 110.161, Florida

28  Statutes, is amended to read:

29         110.161  State employees; pretax benefits program.--

30         (5)  The Department of Management Services shall

31  develop rules for the pretax benefits program, which shall

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  specify the benefits to be offered under the program, the

  2  continuing tax-exempt status of the program, and any other

  3  matters deemed necessary by the department to implement this

  4  section. The rules must be approved by a majority vote of the

  5  Administration Commission.

  6         Section 19.  Paragraph (m) of subsection (2) of section

  7  110.205, Florida Statutes, is amended to read:

  8         110.205  Career service; exemptions.--

  9         (2)  EXEMPT POSITIONS.--The exempt positions which are

10  not covered by this part include the following, provided that

11  no position, except for positions established for a limited

12  period of time pursuant to paragraph (h), shall be exempted if

13  the position reports to a position in the career service:

14         (m)1.  In addition to those positions exempted by other

15  paragraphs of this subsection, each department head may

16  designate a maximum of 20 policymaking or managerial

17  positions, as defined by the department and approved by the

18  Administration Commission, as being exempt from the Career

19  Service System.  Career service employees who occupy a

20  position designated as a position in the Selected Exempt

21  Service under this paragraph shall have the right to remain in

22  the Career Service System by opting to serve in a position not

23  exempted by the employing agency.  Unless otherwise fixed by

24  law, the department shall set the salary and benefits of these

25  positions in accordance with the rules of the Selected Exempt

26  Service; provided, however, that if the agency head determines

27  that the general counsel, chief Cabinet aide, public

28  information administrator or comparable position for a Cabinet

29  officer, inspector general, or legislative affairs director

30  has both policymaking and managerial responsibilities and if

31  the department determines that any such position has both

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  policymaking and managerial responsibilities, the salary and

  2  benefits for each such position shall be established by the

  3  department in accordance with the rules of the Senior

  4  Management Service.

  5         2.  If otherwise exempt, employees of the Public

  6  Employees Relations Commission, the Commission on Human

  7  Relations, and the Unemployment Appeals Commission, upon the

  8  certification of their respective commission heads, may be

  9  provided for under this paragraph as members of the Senior

10  Management Service, if otherwise qualified.  However, the

11  deputy general counsels of the Public Employees Relations

12  Commission shall be compensated as members of the Selected

13  Exempt Service.

14         Section 20.  Paragraph (f) of subsection (2) and

15  subsection (3) of section 110.209, Florida Statutes, are

16  amended to read:

17         110.209  Pay plan.--

18         (2)

19         (f)  Any action taken by the department in regard to

20  the revision or establishment of a pay grade assignment which

21  affects a department headed by a Cabinet officer or by the

22  Governor and Cabinet may be reviewed and changed by the

23  Governor Administration Commission, and the department's

24  decision may be changed by a majority vote of the

25  Administration Commission.

26         (3)  The department shall adopt any rules necessary to

27  implement the provisions of this section; however, such rules

28  shall be approved by the Administration Commission prior to

29  their adoption by the department.

30         Section 21.  Subsection (5) of section 110.21, Florida

31  Statutes, is amended to read:

                                  17

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    11-1361-99                                          See HB 497




  1         110.21  Shared employment.--In order to promote

  2  part-time career employment opportunities at all levels in the

  3  career service, the department shall establish and maintain a

  4  plan for shared employment applicable to all classes in the

  5  career service and shall be responsible for the overall

  6  review, coordination, and administration of the

  7  shared-employment plan.

  8         (5)  The department shall adopt any rules necessary to

  9  implement the provisions of this section; however, such rules

10  shall be approved by the Administration Commission prior to

11  their adoption by the department.

12         Section 22.  Subsection (6) of section 110.211, Florida

13  Statutes, is amended to read:

14         110.211  Recruitment.--

15         (6)  The department shall develop model recruitment

16  rules which may be used by employing agencies.  Such rules

17  must be approved by the Administration Commission before their

18  adoption by the department. Employing agencies electing to

19  adopt recruitment rules that are inconsistent with the model

20  rules must consult with and submit such rules to the

21  department for review and approval.  Such rules must also be

22  approved by the Administration Commission before their

23  adoption by the employing agencies.

24         Section 23.  Subsection (5) of section 110.219, Florida

25  Statutes, is amended to read:

26         110.219  Attendance and leave; general policies.--

27         (5)  Rules shall be adopted by the department in

28  cooperation and consultation with the agencies to implement

29  the provisions of this section; however, such rules must be

30  approved by the Administration Commission prior to their

31

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    11-1361-99                                          See HB 497




  1  adoption. Such rules must provide for, but need not be limited

  2  to:

  3         (a)  The maximum responsibility and authority resting

  4  with each agency head to administer attendance and leave

  5  matters in the agency within the parameters of the rules

  6  adopted by the department.

  7         (b)  Creditable service in which 1 month of service

  8  credit is awarded for each calendar month that the employee is

  9  on the payroll of a state agency or during which the employee

10  is on authorized leave without pay.

11         (c)  Holidays as provided in s. 110.117.

12         (d)  Overtime provisions.

13         (e)  Annual leave provisions.

14         (f)  Sick leave provisions.

15         (g)  Parental leave provisions.

16         (h)  Family medical leave provisions.

17         (i)  Disability leave provisions.

18         (j)  Compulsory disability leave provisions.

19         (k)  Administrative leave provisions.

20         (l)  Military leave provisions.

21         (m)  Educational leave with pay provisions.

22         (n)  Leave of absence without pay provisions.

23         Section 24.  Subsection (2) of section 112.175, Florida

24  Statutes, is amended to read:

25         112.175  Employee wages; withholding to repay

26  educational loan.--

27         (2)  The Department of Management Services

28  Administration Commission shall adopt rules to implement this

29  section, which shall include, but not be limited to, a

30  standard method of calculating amounts to be withheld from

31  employees who have failed to establish a repayment schedule

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    11-1361-99                                          See HB 497




  1  within the specified period of time or failed to meet the

  2  terms and conditions of the agreed to or approved repayment

  3  schedule provided for in this section.  Such method shall

  4  consider the following factors:

  5         (a)  The amount of the loan which remains outstanding;

  6         (b)  The income of the employee who owes such amount;

  7  and

  8         (c)  Other factors such as the number of dependents

  9  supported by the employee.

10         Section 25.  Section 215.18, Florida Statutes, is

11  amended to read:

12         215.18  Transfers between funds; limitation.--Whenever

13  there exists in any fund provided for by s. 215.32 a

14  deficiency which would render such fund insufficient to meet

15  its just requirements, and there shall exist in the other

16  funds in the State Treasury moneys which are for the time

17  being or otherwise in excess of the amounts necessary to meet

18  the just requirements of such last-mentioned funds, the

19  Administration Commission, with the concurrence of the

20  Governor, may order a temporary transfer of moneys from one

21  fund to another in order to meet temporary deficiencies in a

22  particular fund without resorting to the necessity of

23  borrowing money and paying interest thereon. The fund from

24  which any money is temporarily transferred shall be repaid the

25  amount transferred from it not later than the end of the

26  fiscal year in which such transfer is made, the date of

27  repayment to be specified in the order of the Governor

28  Administration Commission.

29         Section 26.  Paragraphs (b), (c), and (d) of subsection

30  (2) of section 215.32, Florida Statutes, 1998 Supplement, is

31  amended to read:

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    11-1361-99                                          See HB 497




  1         215.32  State funds; segregation.--

  2         (2)  The source and use of each of these funds shall be

  3  as follows:

  4         (b)1.  The trust funds shall consist of moneys received

  5  by the state which under law or under trust agreement are

  6  segregated for a purpose authorized by law.  The state agency

  7  or branch of state government receiving or collecting such

  8  moneys shall be responsible for their proper expenditure as

  9  provided by law.  Upon the request of the state agency or

10  branch of state government responsible for the administration

11  of the trust fund, the Comptroller may establish accounts

12  within the trust fund at a level considered necessary for

13  proper accountability. Once an account is established within a

14  trust fund, the Comptroller may authorize payment from that

15  account only upon determining that there is sufficient cash

16  and releases at the level of the account.

17         2.  In order to maintain a minimum number of trust

18  funds in the State Treasury, each state agency or the judicial

19  branch may consolidate, if permitted under the terms and

20  conditions of their receipt, the trust funds administered by

21  it; provided, however, the agency or judicial branch employs

22  effectively a uniform system of accounts sufficient to

23  preserve the integrity of such trust funds; and provided,

24  further, that consolidation of trust funds is approved by the

25  Governor Administration Commission or the Chief Justice.

26         3.  All such moneys are hereby appropriated to be

27  expended in accordance with the law or trust agreement under

28  which they were received, subject always to the provisions of

29  chapter 216 relating to the appropriation of funds and to the

30  applicable laws relating to the deposit or expenditure of

31  moneys in the State Treasury.

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  1         4.a.  Notwithstanding any provision of law restricting

  2  the use of trust funds to specific purposes, unappropriated

  3  cash balances from selected trust funds may be authorized by

  4  the Legislature for transfer to the Budget Stabilization Fund

  5  and Working Capital Fund in the General Appropriations Act.

  6         b.  This subparagraph does not apply to trust funds

  7  required by federal programs or mandates; trust funds

  8  established for bond covenants, indentures, or resolutions

  9  whose revenues are legally pledged by the state or public body

10  to meet debt service or other financial requirements of any

11  debt obligations of the state or any public body; the State

12  Transportation Trust Fund; the trust fund containing the net

13  annual proceeds from the Florida Education Lotteries; the

14  Florida Retirement Trust Fund; trust funds under the

15  management of the Board of Regents, where such trust funds are

16  for auxiliary enterprises, self-insurance, and contracts,

17  grants, and donations, as those terms are defined by general

18  law; trust funds that serve as clearing funds or accounts for

19  the Comptroller or state agencies; trust funds that account

20  for assets held by the state in a trustee capacity as an agent

21  or fiduciary for individuals, private organizations, or other

22  governmental units; and other trust funds authorized by the

23  State Constitution.

24         (c)1.  The Budget Stabilization Fund shall consist of

25  amounts equal to at least 5 percent of net revenue collections

26  for the General Revenue Fund during the last completed fiscal

27  year. The Budget Stabilization Fund's principal balance shall

28  not exceed an amount equal to 10 percent of the last completed

29  fiscal year's net revenue collections for the General Revenue

30  Fund. As used in this paragraph, the term "last completed

31  fiscal year" means the most recently completed fiscal year

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    11-1361-99                                          See HB 497




  1  prior to the regular legislative session at which the

  2  Legislature considers the General Appropriations Act for the

  3  year in which the transfer to the Budget Stabilization Fund

  4  must be made under this paragraph.

  5         2.  By September 15 of each year, the Governor shall

  6  authorize the Comptroller to transfer, and the Comptroller

  7  shall transfer pursuant to appropriations made by law, to the

  8  Budget Stabilization Fund the amount of money needed for the

  9  balance of that fund to equal the amount specified in

10  subparagraph 1., less any amounts expended and not restored.

11  The moneys needed for this transfer may be appropriated by the

12  Legislature from any funds.

13         3.  Unless otherwise provided in this subparagraph, an

14  expenditure from the Budget Stabilization Fund must be

15  restored pursuant to a restoration schedule that provides for

16  making five equal annual transfers from the General Revenue

17  Fund, beginning in the fiscal year following that in which the

18  expenditure was made. For any Budget Stabilization Fund

19  expenditure, the Legislature may establish by law a different

20  restoration schedule and such change may be made at any time

21  during the restoration period. Moneys are hereby appropriated

22  for transfers pursuant to this subparagraph.

23         4.  The Budget Stabilization Fund and the Working

24  Capital Fund may be used as revolving funds for transfers as

25  provided in s. 18.125; however, any interest earned must be

26  deposited in the General Revenue Fund.

27         (d)  The Working Capital Fund shall consist of moneys

28  in the General Revenue Fund which are in excess of the amount

29  needed to meet General Revenue Fund appropriations for the

30  current fiscal year. Each year, no later than the publishing

31  date of the annual financial statements for the state by the

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  1  Comptroller under s. 216.102, funds shall be transferred

  2  between the Working Capital Fund and the General Revenue Fund

  3  to establish the balance of the Working Capital Fund for that

  4  fiscal year at the amount determined pursuant to this

  5  paragraph.

  6         Section 27.  Section 216.177, Florida Statutes, is

  7  amended to read:

  8         216.177  Appropriations acts, statement of intent,

  9  violation, notice, review and objection procedures.--

10         (1)  As soon as practicable, but no later than the 10th

11  day before the end of the period allowed by law for veto

12  consideration in any year in which an appropriation is made,

13  the chairs of the legislative appropriations committees shall

14  jointly transmit:

15         (a)  A statement of intent, including performance and

16  workload measures as appropriate;

17         (b)  The official list of General Revenue Fund

18  appropriations determined in consultation with the Executive

19  Office of the Governor to be nonrecurring; and

20         (c)  The documents set forth in s. 216.0442(2)(a) and

21  (c),

22

23  to the Executive Office of the Governor, the Comptroller, the

24  Auditor General, the Chief Justice of the Supreme Court, and

25  each state agency.  The statement of intent constitutes a

26  manifestation of how the Legislature, in its considered

27  opinion as a representative of the people, thinks

28  appropriations should be spent.  The statement of intent is

29  not a law and may not allocate or appropriate any funds, or

30  amend or correct any provision, in the General Appropriations

31  Act, but the statement of intent may provide additional

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  1  explanation to the Executive Office of the Governor, the

  2  judicial branch, the Governor Administration Commission, and

  3  each affected state agency relative to the purpose,

  4  objectives, spending philosophy, and restrictions associated

  5  with any specific appropriation.  The statement of intent

  6  shall compare the request of the agency or of the judicial

  7  branch or the recommendation of the Governor to the funds

  8  appropriated for the purpose of establishing intent in the

  9  development of the approved operating budget.  A request for

10  additional explanation and direction regarding the legislative

11  intent of the General Appropriations Act during the fiscal

12  year may be made only by and through the Executive Office of

13  the Governor for state agencies, and by and through the Chief

14  Justice of the Supreme Court for the judicial branch, as is

15  deemed necessary.  However, the Comptroller may also request

16  further clarification of legislative intent pursuant to the

17  Comptroller's responsibilities related to his or her preaudit

18  function of expenditures.

19         (2)(a)  Whenever notice of action to be taken by the

20  Executive Office of the Governor, the Chief Justice of the

21  Supreme Court, or the Governor commission is required by this

22  chapter, such notice shall be given to the chairs of the

23  legislative appropriations committees in writing, and shall be

24  delivered to both such chairs at least 14 consecutive days

25  prior to the action referred to, unless a shorter period is

26  approved in writing by both such chairs. Action shall not be

27  taken on any budget item for which this chapter requires

28  notice to the legislative appropriations committees without

29  such notice having been provided, even though there may be

30  good cause for considering such item.

31

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  1         (b)  If the chairs of the legislative appropriations

  2  committees or the President of the Senate and the Speaker of

  3  the House of Representatives timely advise, in writing, the

  4  Executive Office of the Governor, the Chief Justice of the

  5  Supreme Court, or the Governor Administration Commission that

  6  an action or a proposed action subject to the notice and

  7  review requirements of this chapter exceeds the delegated

  8  authority of the Executive Office of the Governor for the

  9  executive branch, the Chief Justice for the judicial branch,

10  or the Governor Administration Commission, respectively, or is

11  contrary to legislative policy and intent, the Governor or,

12  the Chief Justice of the Supreme Court, or the Administration

13  Commission shall void such action and instruct the affected

14  state agency or entity of the judicial branch to change

15  immediately its spending action or spending proposal until the

16  Legislature addresses the issue.  The written documentation

17  shall indicate the specific reasons that an action or proposed

18  action exceeds the delegated authority or is contrary to

19  legislative policy and intent.

20         (c)  The House of Representatives and the Senate shall

21  provide by rule that any member of the House of

22  Representatives or Senate may request, in writing, of either

23  the President of the Senate or the Speaker of the House of

24  Representatives or the chair of the respective legislative

25  appropriations committee to initiate the procedures of

26  paragraph (b).

27         (3)  The Legislature may annually specify any

28  incentives and disincentives for agencies operating programs

29  under performance-based program budgets pursuant to this

30  chapter in the General Appropriations Act or legislation

31  implementing the General Appropriations Act.

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  1         Section 28.  Section 216.179, Florida Statutes, is

  2  amended to read:

  3         216.179  Reinstatement of vetoed appropriations by

  4  administrative means prohibited.--After the Governor has

  5  vetoed a specific appropriation for an agency or the judicial

  6  branch, neither the Governor, the Administration Commission,

  7  nor the Chief Justice of the Supreme Court, in their various

  8  statutory and constitutional roles, may authorize expenditures

  9  for or implementation in any manner of the programs that were

10  authorized by the vetoed appropriation.

11         Section 29.  Subsections (1), (2), and (4) of section

12  216.181, Florida Statutes, 1998 Supplement, are amended to

13  read:

14         216.181  Approved budgets for operations and fixed

15  capital outlay.--

16         (1)  The General Appropriations Act and any other acts

17  containing appropriations shall be considered the original

18  approved operating budgets for operational and fixed capital

19  expenditures. Amendments to the approved operating budgets for

20  operational and fixed capital outlay expenditures from state

21  agencies may be requested only through the Executive Office of

22  the Governor and approved by the Governor or Administration

23  Commission as provided in this chapter. Amendments from the

24  judicial branch may be requested only through, and approved

25  by, the Chief Justice of the Supreme Court.  This includes

26  amendments which are necessary to implement the provisions of

27  s. 216.212 or s. 216.221.

28         (2)  Amendments to the original approved operating

29  budgets for operational and fixed capital outlay expenditures

30  must comply with the following guidelines in order to be

31  approved by the Governor or Administration Commission as

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  1  provided in this chapter for the executive branch and the

  2  Chief Justice for the judicial branch:

  3         (a)  The amendment must be consistent with legislative

  4  policy and intent.

  5         (b)  The amendment may not initiate or commence a new

  6  program, except as authorized by this chapter, or eliminate an

  7  existing program.

  8         (c)  Except as authorized in s. 216.292 or other

  9  provisions of this chapter, the amendment may not provide

10  funding or increased funding for items which were funded by

11  the Legislature in an amount less than that requested by the

12  agency or Governor in the legislative budget request or which

13  were vetoed by the Governor.

14         (d)  For amendments that involve trust funds, there

15  must be adequate and appropriate revenues available in the

16  trust fund and the amendment must be consistent with the laws

17  authorizing such trust funds and the laws relating to the use

18  of the trust funds. However, a trust fund shall not be

19  increased in excess of the original approved budget, except as

20  provided in subsection (10).

21         (e)  The amendment shall not conflict with any

22  provision of law.

23         (f)  The amendment must not provide funding for any

24  issue which was requested by the agency or branch in their

25  legislative budget request and not funded in the General

26  Appropriations Act.

27         (g)  The amendment must include a written description

28  of the purpose of the proposed change, an indication of why

29  interim budget action is necessary, and the intended recipient

30  of any funds for contracted services.

31

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  1         (h)  The amendment must not provide general salary

  2  increases which the Legislature has not authorized in the

  3  General Appropriations Act or other laws.

  4         (4)  All amendments to the original approved operating

  5  budgets, regardless of funding source, are subject to the

  6  notice and review procedures set forth in s. 216.177 and must

  7  be approved by the Governor and Administration Commission as

  8  provided in this chapter for the executive branch and the

  9  Chief Justice for the judicial branch if the amendment is for

10  an information resources management project or initiative that

11  involves more than one agency, has an outcome that impacts

12  another agency, or exceeds $500,000 in total cost over a

13  1-year period, except for those projects that are a

14  continuation of hardware or software maintenance or software

15  licensing agreements, or that are for desktop replacement that

16  is similar to the technology currently in use.

17         Section 30.  Subsection (2) of section 216.182, Florida

18  Statutes, is amended to read:

19         216.182  Approval of fixed capital outlay program

20  plan.--

21         (2)  Any department under the direct supervision of a

22  member of the Cabinet or of a board consisting of the Governor

23  and members of the Cabinet which contends that the

24  determination of the program plan by the Executive Office of

25  the Governor pursuant to subsection (1) is contrary to the

26  orderly implementation of legislative authorization shall have

27  the right to have the issue reviewed by the Governor

28  Administration Commission, which shall decide such issue by

29  majority vote.  The appropriations committees of the

30  Legislature may advise the Governor Administration Commission

31  on the issue.

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  1         Section 31.  Subsection (2) of section 216.192, Florida

  2  Statutes, is amended to read:

  3         216.192  Release of appropriations; revision of

  4  budgets.--

  5         (2)  Any department under the direct supervision of a

  6  member of the Cabinet or of a board consisting of the Governor

  7  and members of the Cabinet which contends that the plan for

  8  releases of funds appropriated to it is contrary to the

  9  approved operating budget shall have the right to have the

10  issue reviewed by the Governor, who Administration Commission

11  which shall decide such issue by majority vote.  The

12  appropriations committees of the Legislature may advise the

13  Governor Administration Commission on the issue.

14         Section 32.  Section 216.195, Florida Statutes, is

15  amended to read:

16         216.195  Impoundment of funds; restricted.--The

17  Executive Office of the Governor, the Chief Justice of the

18  Supreme Court, any member of the Cabinet, the Administration

19  Commission, or any state agency shall not impound any

20  appropriation except as necessary to avoid or eliminate a

21  deficit pursuant to the provisions of s. 216.221.  The

22  provisions of this section are subject to the notice and

23  review procedures of s. 216.177.  The Governor or either house

24  of the Legislature may seek judicial review of any action or

25  proposed action which violates the provisions of this section.

26         Section 33.  Paragraph (a) of subsection (5) and

27  subsection (7) of section 216.221, Florida Statutes, 1998

28  Supplement, are amended to read:

29         216.221  Appropriations as maximum appropriations;

30  adjustment of budgets to avoid or eliminate deficits.--

31

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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         (7)  Deficits in the General Revenue Fund that do not

12  meet the amounts specified by subsection (6) shall be resolved

13  by the Governor commission for the executive branch and the

14  Chief Justice of the Supreme Court for the judicial branch.

15  The Governor commission and Chief Justice shall implement any

16  directions provided in the General Appropriations Act related

17  to eliminating deficits and to reducing agency and judicial

18  branch budgets, including the use of those legislative

19  appropriations voluntarily placed in reserve.  In addition,

20  the Governor commission shall implement any directions in the

21  General Appropriations Act relating to the resolution of

22  deficit situations.  When reducing state agency or judicial

23  branch budgets, the Governor commission or the Chief Justice,

24  respectively, shall use the guidelines prescribed in

25  subsection (5). The Executive Office of the Governor for the

26  Governor commission, and the Chief Justice for the judicial

27  branch, shall implement the deficit reduction plans through

28  amendments to the approved operating budgets in accordance

29  with s. 216.181.

30         Section 34.  Subsection (2) of section 216.231, Florida

31  Statutes, is amended to read:

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  1         216.231  Release of certain classified

  2  appropriations.--

  3         (2)  The release of appropriated funds classified as

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

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

  6  judicial branch is inadequate because the workload or cost of

  7  the operation exceeds that anticipated by the Legislature and

  8  a determination has been made by the Governor commission that

  9  the deficiency will result in an impairment of the activities

10  of an agency or of the judicial branch to the extent that the

11  agency is unable to carry out its program as provided by the

12  Legislature in the general appropriations acts. These funds

13  may not be used for creation of any new agency or program, for

14  increases of salary, or for the construction or equipping of

15  additional buildings.

16         Section 35.  Subsection (1) of section 216.241, Florida

17  Statutes, is amended to read:

18         216.241  Initiation or commencement of new programs;

19  approval.--

20         (1)  A state agency or the judicial branch may not

21  initiate or commence any new program, including any new

22  federal program or initiative, or make changes in its current

23  programs, as provided for in the appropriations act, that

24  require additional financing unless funds have been

25  specifically appropriated by the Legislature or unless the

26  Governor commission or the Chief Justice of the Supreme Court

27  expressly approves such new program or changes.  The Governor

28  commission and the Chief Justice shall give notice as provided

29  in s. 216.177 prior to approving such new program or changes.

30

31

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  1         Section 36.  Paragraph (a) of subsection (2) of section

  2  216.251, Florida Statutes, 1998 Supplement, is amended to

  3  read:

  4         216.251  Salary appropriations; limitations.--

  5         (2)(a)  The salary for each position not specifically

  6  indicated in the appropriations acts shall be as provided in

  7  one of the following subparagraphs:

  8         1.  Within the classification and pay plans provided

  9  for in chapter 110.

10         2.  Within the classification and pay plans established

11  by the Board of Trustees for the Florida School for the Deaf

12  and the Blind of the Department of Education and approved by

13  the State Board of Education for academic and academic

14  administrative personnel.

15         3.  Within the classification and pay plan approved and

16  administered by the Board of Regents for those positions in

17  the State University System.

18         4.  Within the classification and pay plan approved by

19  the President of the Senate and the Speaker of the House of

20  Representatives, or by the Legislative Auditing Committee, as

21  the case may be, for employees of the Legislature.

22         5.  Within the approved classification and pay plan for

23  the judicial branch.

24         6.  The salary of all positions not specifically

25  included in this subsection shall be set by the Governor

26  commission or by the Chief Justice for the judicial branch.

27         Section 37.  Paragraphs (a) and (b) of subsection (1)

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

29  amended to read:

30         216.262  Authorized positions.--

31

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




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

  2  total number of authorized positions may not exceed the total

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

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

  5  of positions so provided is not sufficient to administer its

  6  authorized programs, it may file an application with the

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

  8  the office or Chief Justice certifies that there are no

  9  authorized positions available for addition, deletion, or

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

11  recommends an increase in the number of positions, the

12  Governor commission or the Chief Justice may, after a public

13  hearing, authorize an increase in the number of positions for

14  the following reasons only:

15         1.  To implement or provide for continuing federal

16  grants or changes in grants not previously anticipated;

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

18         3.  To satisfy new federal regulations or changes

19  therein;

20         4.  To take advantage of opportunities to reduce

21  operating expenditures or to increase the revenues of the

22  state or local government; and

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

24  Legislature through error in drafting the appropriations acts.

25

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

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

28  application, the certification, and the final authorization

29  shall be filed with the legislative appropriations committees

30  and with the Auditor General.

31

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1         (b)  The Governor Administration Commission and the

  2  Chief Justice may, after a public hearing, delete supervisory

  3  or managerial positions within a department and establish

  4  direct service delivery positions in excess of the number of

  5  supervisory or managerial positions deleted.  The salary rate

  6  for all positions authorized under this paragraph may not

  7  exceed the salary rate for all positions deleted under this

  8  paragraph. Positions affected by changes made under this

  9  paragraph may be funded only from identical funding sources.

10         Section 38.  Paragraph (e) of subsection (4) of section

11  240.513, Florida Statutes, is amended to read:

12         240.513  University of Florida; J. Hillis Miller Health

13  Center.--

14         (4)

15         (e)  In the event that the lease of the hospital

16  facilities to the nonprofit corporation is terminated for any

17  reason, the Board of Regents shall resume management and

18  operation of the hospital facilities.  In such event, the

19  Governor Administration Commission is authorized to transfer

20  appropriate revenues generated from the operation of the

21  hospital facilities to the Board of Regents to pay the costs

22  and expenses of operating the hospital facility for the

23  remainder of the fiscal year in which such termination occurs.

24         Section 39.  Paragraph (b) of subsection (1) of section

25  195.087, Florida Statutes, is amended to read:

26         195.087  Property appraisers and tax collectors to

27  submit budgets to Department of Revenue.--

28         (1)

29         (b)  The Governor and Cabinet, sitting as the

30  Administration Commission, may hear appeals from the final

31  action of the Division of Ad Valorem Tax upon a written

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    11-1361-99                                          See HB 497




  1  request being filed by the property appraiser or the presiding

  2  officer of the county commission no later than 15 days after

  3  the conclusion of the hearing held pursuant to s.

  4  200.065(2)(d).  The Administration Commission may amend the

  5  budget if it finds that any aspect of the budget is

  6  unreasonable in light of the workload of the office of the

  7  property appraiser in the county under review.  The budget

  8  request as approved by the division and as amended by the

  9  commission shall become the operating budget of the property

10  appraiser for the ensuing fiscal year beginning October 1,

11  except that the budget so approved may subsequently be amended

12  under the same procedure. After final approval, the property

13  appraiser shall make no transfer of funds between accounts

14  without the written approval of the division. However, all

15  moneys received by property appraisers in complying with

16  chapter 119 shall be accounted for in the same manner as

17  provided for in s. 218.36, for moneys received as county fees

18  and commissions, and any such moneys may be used and expended

19  in the same manner and to the same extent as funds budgeted

20  for the office and no budget amendment shall be required.

21         Section 40.  Paragraph (a) of subsection (1) of section

22  213.055, Florida Statutes, is amended to read:

23         213.055  Declared emergency; waiver or suspension of

24  specified revenue laws.--The following actions to waive or

25  suspend a revenue law may be implemented only when the

26  Governor has declared a state of emergency pursuant to s.

27  252.36.

28         (1)(a)  The Governor and Cabinet may grant refunds of

29  state and local taxes on motor and diesel fuel donated during

30  a declared state of emergency for official emergency use in

31  cases in which the state solicits the donation. The refunds

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    11-1361-99                                          See HB 497




  1  may be implemented by a vote of the majority of the Governor

  2  and Cabinet during a public meeting or by a majority jointly

  3  signing a written order.

  4         Section 41.  Paragraph (b) of subsection (5) of section

  5  336.025, Florida Statutes, is amended to read:

  6         336.025  County transportation system; levy of local

  7  option fuel tax on motor fuel and diesel fuel.--

  8         (5)

  9         (b)  Any dispute as to the determination by the county

10  of distribution proportions shall be resolved through an

11  appeal to the Governor Administration Commission in accordance

12  with procedures developed by the Executive Office of the

13  Governor commission.  Pending final disposition of such

14  proceeding, the tax shall be collected pursuant to this

15  section, and such funds shall be held in escrow by the clerk

16  of the circuit court of the county until final disposition.

17         Section 42.  Section 212.0599, Florida Statutes, is

18  amended to read:

19         212.0599  Rules which implement ch. 87-548.--Rules of

20  the Department of Revenue related to and in furtherance of the

21  orderly implementation of chapter 87-548, Laws of Florida,

22  shall not be subject to a s. 120.56(2) rule challenge or a s.

23  120.54(3)(c)2. drawout proceeding, but, once adopted, shall be

24  subject to a s. 120.56(3) invalidity challenge. Such rules

25  shall be adopted by the Governor and Cabinet and shall become

26  effective upon filing with the Department of State,

27  notwithstanding the provisions of s. 120.54(3)(e)6.

28         Section 43.  Section 213.065, Florida Statutes, is

29  amended to read:

30         213.065  Rule adoption to implement ch. 89-171.--The

31  executive director of the Department of Revenue is hereby

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  authorized to adopt emergency rules pursuant to s. 120.54(4)

  2  for purposes of implementing the applicable provisions of

  3  chapter 89-171, Laws of Florida. Rules of the Department of

  4  Revenue related to and in furtherance of the orderly

  5  implementation of the applicable provisions of chapter 89-171,

  6  Laws of Florida, shall not be subject to s. 120.54(3)(c)2.

  7  drawout proceeding, but, once adopted, shall be subject to s.

  8  120.56(3) invalidity challenge. Such rules shall be adopted by

  9  the Governor and Cabinet and shall become effective upon

10  filing with the Department of State, notwithstanding the

11  provisions of s. 120.54(3)(e)6.

12         Section 44.  Section 213.066, Florida Statutes, is

13  amended to read:

14         213.066  Rule adoption to implement ch. 92-319.--The

15  Legislature hereby finds that the failure to promptly

16  implement the provisions of chapter 92-319, Laws of Florida,

17  would present an immediate threat to the welfare of the state

18  because revenues needed for operation of the state would not

19  be collected. Therefore, the executive director of the

20  Department of Revenue is hereby authorized to adopt emergency

21  rules pursuant to s. 120.54(4) for purposes of implementing

22  chapter 92-319, Laws of Florida. Notwithstanding any other

23  provision of law, such emergency rules shall remain effective

24  for 6 months from the date of adoption. Other rules of the

25  Department of Revenue related to and in furtherance of the

26  orderly implementation of chapter 92-319, Laws of Florida,

27  shall not be subject to a rule challenge pursuant to s.

28  120.56(2) or a drawout proceeding pursuant to s.

29  120.54(3)(c)2., but, once adopted, shall be subject to an

30  invalidity challenge pursuant to s. 120.56(3).  Such rules

31  shall be adopted by the Governor and Cabinet and shall become

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    Florida Senate - 1999                                  SB 2004
    11-1361-99                                          See HB 497




  1  effective upon filing with the Department of State,

  2  notwithstanding the provisions of s. 120.54(3)(e)6.  This

  3  section shall take effect July 8, 1992.

  4         Section 45.  Subsection (16) of section 161.101,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         161.101  State and local participation in authorized

  7  projects and studies relating to beach management and erosion

  8  control.--

  9         (16)  The department may expend funds from the

10  Ecosystem Management and Restoration Trust Fund to alleviate

11  emergency conditions, upon a declaration, after a hearing, by

12  the Governor and Cabinet that a shoreline emergency of state

13  concern exists. Any expenditures made for this purpose shall

14  be pursuant to legislative appropriations or from amendments

15  to original approved operating budgets authorized pursuant to

16  s. 216.181.

17         Section 46.  Paragraph (d) of subsection (7) of section

18  339.135, Florida Statutes, is amended to read:

19         339.135  Work program; legislative budget request;

20  definitions; preparation, adoption, execution, and

21  amendment.--

22         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

23         (d)1.  Whenever the department proposes any amendment

24  to the adopted work program, which amendment is defined in

25  subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or

26  subparagraph (c)4., it shall submit the proposed amendment to

27  the Governor for approval and shall immediately notify the

28  chairs of the legislative appropriations committees, the

29  chairs of the legislative transportation committees, each

30  member of the Legislature who represents a district affected

31  by the proposed amendment, each metropolitan planning

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    11-1361-99                                          See HB 497




  1  organization affected by the proposed amendment, and each unit

  2  of local government affected by the proposed amendment.  Such

  3  proposed amendment shall provide a complete justification of

  4  the need for the proposed amendment.

  5         2.  The Governor shall not approve a proposed amendment

  6  until 14 days following the notification required in

  7  subparagraph 1.

  8         3.  If either of the chairs of the legislative

  9  appropriations committees or the President of the Senate or

10  the Speaker of the House of Representatives objects in writing

11  to a proposed amendment within 14 days following notification

12  and specifies the reasons for such objection, the Governor

13  shall consider such objections in making a final determination

14  of approval or disapproval. disapprove the proposed amendment

15  or shall submit the proposed amendment to the Administration

16  Commission.  The proposed amendment may be approved by the

17  Administration Commission by a two-thirds vote of the members

18  present with the Governor voting in the affirmative.  In the

19  absence of approval by the commission, the proposed amendment

20  shall be automatically disapproved.

21         Section 47.  Subsection (1) of section 366.055, Florida

22  Statutes, is amended to read:

23         366.055  Availability of, and payment for, energy

24  reserves.--

25         (1)  Energy reserves of all utilities in the Florida

26  energy grid shall be available at all times to ensure that

27  grid reliability and integrity are maintained.  The commission

28  is authorized to take such action as is necessary to assure

29  compliance.  However, prior commitments as to energy use:

30         (a)  In interstate commerce, as approved by the Federal

31  Energy Regulatory Commission;

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    11-1361-99                                          See HB 497




  1         (b)  Between one electric utility and another, which

  2  have been approved by the Federal Energy Regulatory

  3  Commission; or

  4         (c)  Between an electric utility which is a part of the

  5  energy grid created herein and another energy grid

  6

  7  shall not be abridged or altered except during an energy

  8  emergency as declared by the Governor and Cabinet.

  9         Section 48.  Section 945.6035, Florida Statutes, is

10  amended to read:

11         945.6035  Dispute resolution.--

12         (1)  The authority and the Assistant Secretary for

13  Health Services shall attempt to expeditiously resolve any

14  disputes arising between the authority and the department

15  regarding the physical and mental health care of inmates.

16         (2)  If the authority and the Assistant Secretary for

17  Health Services are unable to resolve a dispute regarding

18  inmate physical or mental health care, the authority may

19  submit a written notice to the Assistant Secretary for Health

20  Services, setting forth each issue in controversy and the

21  position of the authority. The Assistant Secretary for Health

22  Services shall respond to the authority within 30 days after

23  receipt of such written notice.  The authority shall place the

24  assistant secretary's response on the agenda of the next

25  regularly scheduled meeting of the authority. If the dispute

26  remains unresolved, the authority may submit a written report

27  to the secretary detailing the authority's objections.  The

28  Assistant Secretary for Health Services shall submit a written

29  report setting forth his position to the secretary on the

30  issue or issues raised by the authority within 5 working days

31  after receipt of the submission by the authority.

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    11-1361-99                                          See HB 497




  1         (3)  The secretary shall review any disputes between

  2  the authority and the Assistant Secretary for Health Services,

  3  and shall provide written notice to the authority of his

  4  decision regarding such disputes within 40 days after the date

  5  when the authority provides written notice of the dispute to

  6  the secretary.

  7         (4)  If, at the end of the 40-day period, no resolution

  8  has been reached, the authority is authorized to appeal to the

  9  Governor Administration Commission for a review and resolution

10  of the dispute between the department and the authority.

11         (5)  The authority, within 30 days after receiving

12  written notice of the action of the secretary or, if no

13  response is received, within 30 days after the secretary's

14  response is due pursuant to subsection (3), may file an appeal

15  by petition to the Governor Administration Commission, filed

16  with the Executive Office of the Governor Secretary of the

17  Administration Commission.  The petition shall set forth the

18  issues in controversy between the authority and the

19  department, in the form and manner prescribed by the Executive

20  Office of the Governor Administration Commission, and shall

21  contain the reasons for the appeal.  The department has 5 days

22  after delivery of a copy of any such petition to file its

23  reply with the Executive Office of the Governor Secretary of

24  the Administration Commission, and the department shall also

25  deliver a copy of its reply to the authority.

26         (6)  The issues which may be raised by the authority on

27  appeal to the Governor Administration Commission are:

28         (a)  Adoption or implementation by the department of a

29  health care standard which does not conform to the standard of

30  care generally accepted in the professional health community

31  at large.

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    11-1361-99                                          See HB 497




  1         (b)  Failure of the department to comply with an

  2  adopted health care standard.

  3         (c)  Failure to timely file a corrective action plan

  4  regarding all deficiencies which are determined by the

  5  authority to exist at an institution, as required pursuant to

  6  s. 945.6031.

  7         (d)  Failure to implement a corrective action plan

  8  filed pursuant to s. 945.6031.

  9         (7)  Within 30 days after receipt of a petition from

10  the authority, the Executive Office of the Governor Secretary

11  of the Administration Commission, or his designee, shall

12  conduct an informal hearing to consider the matters presented

13  in the petition and the reply, and after the informal hearing

14  shall promptly submit a report of the findings and

15  recommendations to the Governor Administration Commission.

16  Within 30 days after the informal hearing, the Governor

17  Administration Commission shall approve either the position of

18  the authority or that of the department.  If the position of

19  the authority is approved, the Governor Administration

20  Commission shall set forth whatever remedial measures he or

21  she it deems appropriate and the department shall implement

22  such remedial measures.  The decision of the Governor

23  Administration Commission is final and binding on the

24  authority and the department and shall not be subject to

25  appeal pursuant to s. 120.68.

26         Section 49.  This act shall take effect July 1, 1999.

27

28

29

30

31

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    11-1361-99                                          See HB 497




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises various provisions of law relating to the
  4    executive branch of state government to:
           1.  Provide that the head of the Department of
  5    Revenue and the Department of Veterans' Affairs shall be
      a secretary appointed by the Governor, subject to
  6    confirmation by the Senate.
           2.  Abolish the Department of Highway Safety and
  7    Motor Vehicles and to create a Department of Highway
      Safety and to provide for the transfer of the Division of
  8    Driver Licenses and the Division of Motor Vehicles to the
      Department of State and the Florida Highway Patrol to the
  9    Department of Highway Safety.
           3.  Provide for the appointment of members of the
10    Medical Advisory Board within the Department of State by
      the Secretary of State.
11         4.  Provide for the appointment of the Parole
      Commission, parole qualifications committees, and
12    officers thereof by the Governor rather than by the
      Governor and Cabinet.
13         5.  Provide for the appointment of seven members of
      the Florida State Employees' Charitable Campaign steering
14    committee by the Governor and Cabinet members.
           6.  Remove the requirement that the Administration
15    Commission approve rules relating to agency affirmative
      action plans, the pretax benefits program, pay plans,
16    shared employment, recruitment, and attendance and leave.
           7.  Provide that the Governor may propose employee
17    furlough plans and provide that a Cabinet member may
      propose such plans for his or her agency.
18         8.  Provide that the Governor shall review actions
      relating to pay grade assignments.
19         9.  Provide that the Department of Management
      Services shall adopt rules relating to withholding of
20    wages to repay educational loans.
           10.  Provide that the Governor shall have described
21    responsibilities relating to appropriations and
      budgeting, appropriations act review and objection
22    procedures, authorization of expenditures, amendments to
      approved operating budgets, review of determinations
23    relating to fixed capital outlay program plans, review of
      plans for releases of funds, impoundment of funds, the
24    implementation of certain deficit reduction plans,
      release of funds classified as "deficiency" funds,
25    approval of new programs or program changes, setting of
      described salaries, adjustments to authorized positions
26    and authorization of described fund transfers.
           11.  Remove provisions which allow property
27    appraisers to appeal budget decisions to the
      Administration Commission.
28         12.  Provide that the Governor may grant described
      fuel tax refunds in an emergency.
29         13.  Provide that the Governor shall resolve
      disputes relating to determination of distribution
30    proportions for the local fuel tax for county
      transportation systems.
31         14.  Provide that the Governor shall have
      responsibility for declaration of a shoreline emergency
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    11-1361-99                                          See HB 497




  1    and declaration of an energy emergency.
           15.  Remove responsibilities of the Administration
  2    Commission with respect to approval of proposed
      amendments by the Department of Transportation to an
  3    adopted work program when objection has been made
      thereto.
  4         16.  Provide for appeals to the Governor for
      resolution of disputes between the Department of
  5    Corrections and the Correctional Medical Authority.

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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