CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Webster moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, between lines 23 and 24,
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16 insert:
17 Section 4. Subsections (1) and (2) and paragraph (a)
18 of subsection (7) of section 216.023, Florida Statutes, are
19 amended to read:
20 216.023 Legislative budget requests to be furnished by
21 agencies.--
22 (1) The head of each state agency shall submit a final
23 legislative budget request to the Legislature and to the
24 Governor, as chief budget officer of the state, in the form
25 and manner prescribed in the budget instructions and at such
26 time as specified by the Executive Office of the Governor,
27 based on the agency's independent judgment of its needs.
28 However, no state agency shall submit its final legislative
29 budget request later than September 15 1 of each year.
30 (2) The judicial branch and the Division of
31 Administrative Hearings shall submit their final legislative
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 budget requests directly to the Legislature with a copy to the
2 Governor, as chief budget officer of the state, in the form
3 and manner as prescribed in the budget instructions. However,
4 the final legislative budget requests shall be submitted no
5 later than September 15 1 of each year.
6 (7)(a) The provisions of subsections (1) and (2) to
7 the contrary notwithstanding, each agency subject to the
8 provisions of this section shall submit its legislative budget
9 request no later than September 15 1 of the year in which the
10 agency is required to submit its point-by-point response
11 pursuant to s. 216.0165(1)(d).
12 Section 5. Subsection (1) of section 216.0166, Florida
13 Statutes, 1998 Supplement, is amended to read:
14 216.0166 Submission by state agencies of
15 performance-based budget requests, programs, and performance
16 measures.--
17 (1) Prior to September 15 1 of the fiscal year prior
18 to which a state agency is required to submit a
19 performance-based program budget request pursuant to s.
20 216.0172, such state agency shall identify and submit to the
21 Executive Office of the Governor a list of proposed state
22 agency programs and performance measures. The agency may also
23 provide a list of statutes or rules affecting its performance
24 which may be addressed as incentives or disincentives for the
25 performance-based program budget. The list should be
26 accompanied by recommended legislation to implement the
27 requested changes for potential incentives. Such
28 identification shall be conducted after discussion with
29 legislative appropriations and appropriate substantive
30 committees and shall be approved by the Executive Office of
31 the Governor. The Executive Office of the Governor, after
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 discussion with legislative appropriations and appropriate
2 substantive committees and the Office of Program Policy
3 Analysis and Government Accountability, shall review the list
4 of programs and performance measures, may make any changes or
5 require the agency to resubmit the list, and shall make a
6 final recommendation of programs and associated performance
7 measures to the Legislature within 60 days after receipt, to
8 be used in the preparation and submission of the state
9 agency's final legislative budget request pursuant to s.
10 216.023(5). The Executive Office of the Governor may also
11 recommend legislation to implement any or all of the proposed
12 incentives. Agencies continuing under performance-based
13 program budgeting may provide as part of their legislative
14 budget request a list of statutes or rules affecting their
15 program performance which may be addressed as incentives or
16 disincentives for the performance-based program budget.
17 Section 6. Subsections (6), (7), and (8) of section
18 216.0172, Florida Statutes, 1998 Supplement, are amended to
19 read:
20 216.0172 Schedule for submission of performance-based
21 program budgets.--In order to implement the provisions of
22 chapter 94-249, Laws of Florida, state agencies shall submit
23 performance-based program budget legislative budget requests
24 for programs approved pursuant to s. 216.0166 to the Executive
25 Office of the Governor and the Legislature based on the
26 following schedule:
27 (6) By September 15 1, 1999, for the 2000-2001 fiscal
28 year, by the following:
29 (a) Division of Administrative Hearings.
30 (b) Department of Business and Professional
31 Regulation.
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Amendment No.
1 (c) Parole and Probation Commission.
2 (d) Public Service Commission.
3 (e) Department of Health.
4 (f) Department of Education (all remaining programs).
5 (7) By September 15 1, 2000, for the 2001-2002 fiscal
6 year, by the following:
7 (a) Department of Citrus.
8 (b) Department of Community Affairs.
9 (c) Department of Insurance.
10 (d) Department of Veterans' Affairs.
11 (e) State attorneys.
12 (f) Public defenders.
13 (g) Justice Administrative Commission and capital
14 collateral counsel.
15 (8) Any new agency or portion thereof created after
16 September 15 1, 2000, shall submit a performance-based program
17 budget request for programs approved pursuant to s. 216.0166
18 to the Executive Office of the Governor and the Legislature by
19 September 15 1 of the year following the creation of the
20 agency or portion thereof.
21 Section 7. Subsections (1) and (2) of section
22 216.0235, Florida Statutes, 1998 Supplement, are amended to
23 read:
24 216.0235 Performance-based legislative program budget
25 requests to be furnished by agencies.--
26 (1) The head of each state agency shall submit a final
27 legislative program budget request to the Legislature and to
28 the Governor, as chief budget officer of the state, in the
29 form and manner prescribed in the program budget instructions
30 and at such time as specified by the Executive Office of the
31 Governor, based on the agency's independent judgment of its
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 needs. However, a state agency may not submit its final
2 legislative program budget request later than September 15 1
3 of each year. The provisions of s. 216.023 do not apply to
4 programs within state agencies that have been approved to
5 operate under a performance-based program budget.
6 (2) The judicial branch shall submit its final
7 legislative program budget request directly to the Legislature
8 with a copy to the Governor, as chief budget officer of the
9 state, in the form and manner prescribed in the program budget
10 instructions. However, the final legislative program budget
11 requests shall be submitted no later than September 15 1 of
12 each year.
13 Section 8. Subsection (7) of section 240.2601, Florida
14 Statutes, is amended to read:
15 240.2601 State University System Facility Enhancement
16 Challenge Grant Program.--
17 (7) By September 15 1 of each year, the Board of
18 Regents shall transmit to the Legislature a list of projects
19 which meet all eligibility requirements to participate in the
20 Alec P. Courtelis Capital Facilities Matching Trust Fund and a
21 budget request which includes the recommended schedule
22 necessary to complete each project.
23 Section 9. Subsection (8) of section 240.383, Florida
24 Statutes, is amended to read:
25 240.383 State Community College System Facility
26 Enhancement Challenge Grant Program.--
27 (8) By September 15 1 of each year, the Division of
28 Community Colleges shall transmit to the Legislature a list of
29 projects which meet all eligibility requirements to
30 participate in the State Community College System Facility
31 Enhancement Challenge Grant Program and a budget request which
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Bill No. CS for SB 228
Amendment No.
1 includes the recommended schedule necessary to complete each
2 project.
3 Section 10. Section 216.131, Florida Statutes, is
4 amended to read:
5 216.131 Public hearings on legislative budgets.--The
6 Governor and the Chief Justice of the Supreme Court may shall
7 each provide for at least one public hearing prior to
8 submission of budget recommendations to the Legislature on
9 issues contained in agency legislative budget requests or in
10 the judicial branch budget request and issues which may be
11 included in budget recommendations to the Legislature, which
12 shall be held at such time as the Governor or the Chief
13 Justice may fix. The Governor may require the attendance at
14 his or her hearings of the heads or responsible
15 representatives of all state agencies supported by any form of
16 taxation or licenses, fees, imposts, or exactions.
17 Section 11. Subsection (4) of section 216.181, Florida
18 Statutes, 1998 Supplement, is amended to read:
19 216.181 Approved budgets for operations and fixed
20 capital outlay.--
21 (4) All amendments to the original approved operating
22 budgets, regardless of funding source, are subject to the
23 notice and review procedures set forth in s. 216.177 and must
24 be approved by the Governor and the Technology Review
25 Workgroup Administration Commission as provided in this
26 chapter for the executive branch and the Chief Justice for the
27 judicial branch if the amendment is for an information
28 resources management project or initiative that involves more
29 than one agency, has an outcome that impacts another agency,
30 or exceeds $500,000 in total cost over a 1-year period, except
31 for those projects that are a continuation of hardware or
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 software maintenance or software licensing agreements, or that
2 are for desktop replacement that is similar to the technology
3 currently in use.
4 Section 12. Subsection (1) of section 216.192, Florida
5 Statutes, is amended to read:
6 216.192 Release of appropriations; revision of
7 budgets.--
8 (1) Unless otherwise provided in the General
9 Appropriations Act, on July 1 of each fiscal year, 25 20
10 percent of the original approved operating budget of each
11 agency and of the judicial branch shall be released and the
12 until such time as annual plans for quarterly releases for all
13 appropriations shall be have been developed, approved, and
14 furnished to the Comptroller by the Executive Office of the
15 Governor for state agencies and by the Chief Justice of the
16 Supreme Court for the judicial branch. The plans, including
17 appropriate plans of releases for fixed capital outlay
18 projects that correspond with each project schedule, shall
19 attempt to maximize the use of trust funds and shall be
20 transmitted to the Comptroller by August 1 of each fiscal
21 year. Such releases shall at no time exceed the total
22 appropriations available to a state agency or to the judicial
23 branch, or the approved budget for such agency or the judicial
24 branch if less. The Comptroller shall enter such releases in
25 his or her records in accordance with the release plans
26 prescribed by the Executive Office of the Governor and the
27 Chief Justice, unless otherwise amended as provided by law.
28 The Executive Office of the Governor and the Chief Justice
29 shall transmit a copy of the approved annual releases to the
30 head of the state agency, the chairs of the legislative
31 appropriations committees, and the Auditor General. The
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 Comptroller shall authorize all expenditures to be made from
2 the appropriations on the basis of such releases and in
3 accordance with the approved budget, and not otherwise.
4 Expenditures shall be authorized only in accordance with
5 legislative authorizations. Nothing herein precludes periodic
6 reexamination and revision by the Executive Office of the
7 Governor or by the Chief Justice of the annual plans for
8 release of appropriations and the notifications of the parties
9 of all such revisions.
10 Section 13. Subsections (1) and (2) of section
11 216.231, Florida Statutes, are amended to read:
12 216.231 Release of certain classified
13 appropriations.--
14 (1)(a) Any appropriation to the Executive Office of
15 the Governor which is classified as "emergency," as defined in
16 s. 252.34(3), may be released only with the approval of the
17 Governor. The state agency, or the judicial branch, desiring
18 the use of the emergency appropriation shall submit to the
19 Executive Office of the Governor application therefor in
20 writing setting forth the facts from which the alleged need
21 arises. The Executive Office of the Governor shall, at a
22 public hearing, review such application promptly and approve
23 or disapprove the applications as the circumstances may
24 warrant. The provisions of this paragraph are subject to the
25 notice, review, and objection procedures set forth in s.
26 216.177. All actions of the Executive Office of the Governor
27 shall be reported to the legislative appropriations
28 committees, and the committees may advise the Executive Office
29 of the Governor relative to the release of such funds.
30 (b) The release of appropriated funds classified as
31 "emergency" shall be approved only when an act or circumstance
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 caused by an act of God, civil disturbance, natural disaster,
2 or other circumstance of an emergency nature threatens,
3 endangers, or damages the property, safety, health, or welfare
4 of the state or its citizens, which condition has not been
5 provided for in appropriation acts of the Legislature. Funds
6 allocated for this purpose may be used to pay overtime pay to
7 personnel of agencies called upon to perform extra duty
8 because of any civil disturbance or other emergency as defined
9 in s. 252.34(3) and to provide the required state match for
10 federal grants under the federal Disaster Relief Act.
11 (2) The release of appropriated funds classified as
12 "deficiency" shall be approved only when a General Revenue
13 Fund appropriation for operations of a state agency or of the
14 judicial branch is inadequate because the workload or cost of
15 the operation exceeds that anticipated by the Legislature and
16 a determination has been made by the Executive Office of the
17 Governor commission that the deficiency will result in an
18 impairment of the activities of an agency or of the judicial
19 branch to the extent that the agency is unable to carry out
20 its program as provided by the Legislature in the general
21 appropriations acts. These funds may not be used for creation
22 of any new agency or program, for increases of salary, or for
23 the construction or equipping of additional buildings. The
24 provisions of this subsection are subject to the notice,
25 review, and objection procedures set forth in s. 216.177.
26 Section 14. Paragraphs (a) and (b) of subsection (1)
27 of section 216.262, Florida Statutes, 1998 Supplement, are
28 amended to read:
29 216.262 Authorized positions.--
30 (1)(a) Unless otherwise expressly provided by law, the
31 total number of authorized positions may not exceed the total
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Bill No. CS for SB 228
Amendment No.
1 provided in the appropriations acts. In the event any state
2 agency or entity of the judicial branch finds that the number
3 of positions so provided is not sufficient to administer its
4 authorized programs, it may file an application with the
5 Executive Office of the Governor or the Chief Justice; and, if
6 the office or Chief Justice certifies that there are no
7 authorized positions available for addition, deletion, or
8 transfer within the agency as provided in paragraph (c) and
9 recommends an increase in the number of positions, the
10 Executive Office of the Governor commission or the Chief
11 Justice may, after a public hearing, authorize an increase in
12 the number of positions for the following reasons only:
13 1. To implement or provide for continuing federal
14 grants or changes in grants not previously anticipated;
15 2. To meet emergencies pursuant to s. 252.36;
16 3. To satisfy new federal regulations or changes
17 therein;
18 4. To take advantage of opportunities to reduce
19 operating expenditures or to increase the revenues of the
20 state or local government; and
21 5. To authorize positions which were not fixed by the
22 Legislature through error in drafting the appropriations acts.
23
24 The provisions of this paragraph are subject to the notice and
25 review procedures set forth in s. 216.177. A copy of the
26 application, the certification, and the final authorization
27 shall be filed with the legislative appropriations committees
28 and with the Auditor General.
29 (b) The Executive Office of the Governor
30 Administration Commission and the Chief Justice may, after a
31 public hearing, delete supervisory or managerial positions
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Bill No. CS for SB 228
Amendment No.
1 within a department and establish direct service delivery
2 positions in excess of the number of supervisory or managerial
3 positions deleted. The salary rate for all positions
4 authorized under this paragraph may not exceed the salary rate
5 for all positions deleted under this paragraph. Positions
6 affected by changes made under this paragraph may be funded
7 only from identical funding sources.
8 Section 15. Subsections (2), (3), and (5) and
9 paragraph (b) of subsection (8) of section 216.292, Florida
10 Statutes, 1998 Supplement, are amended to read:
11 216.292 Appropriations nontransferable; exceptions.--
12 (2) A lump sum appropriated for a performance-based
13 program must be distributed by the Governor for state agencies
14 or the Chief Justice for the judicial branch into the
15 traditional expenditure categories in accordance with s.
16 216.181(5)(b). At any time during the year, the agency head
17 or Chief Justice may transfer funds between those categories
18 with no limit on the amount of the transfer. Authorized
19 revisions of the original approved operating budget, together
20 with related changes, if any, must be transmitted by the state
21 agency or by the judicial branch to the Executive Office of
22 the Governor or the Chief Justice, the chairs of the
23 legislative appropriations committees, the Office of Program
24 Policy Analysis and Government Accountability, and the Auditor
25 General. Such authorized revisions shall be consistent with
26 the intent of the approved operating budget, shall be
27 consistent with legislative policy and intent, and shall not
28 conflict with specific spending policies specified in the
29 General Appropriations Act. The Executive Office of the
30 Governor shall forward a copy of the revisions within 7
31 working days to the Comptroller for entry in his or her
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Amendment No.
1 records in the manner and format prescribed by the Executive
2 Office of the Governor in consultation with the Comptroller.
3 Such authorized revisions shall be consistent with the intent
4 of the approved operating budget, shall be consistent with
5 legislative policy and intent, and shall not conflict with
6 specific spending policies specified in the General
7 Appropriations Act. Additionally, subsection (3) shall not
8 apply to programs operating under performance-based program
9 budgeting where a lump sum was appropriated.
10 (3) The head of each department or the Chief Justice
11 of the Supreme Court, whenever it is deemed necessary by
12 reason of changed conditions, may transfer appropriations
13 funded from identical funding sources, except appropriations
14 for fixed capital outlay, and transfer the amounts included
15 within the total original approved budget and releases as
16 furnished pursuant to ss. 216.181 and 216.192, as follows:
17 (a) Between categories of appropriations within a
18 budget entity, if no category of appropriation is increased or
19 decreased by more than 5 percent of the original approved
20 budget or $150,000 $25,000, whichever is greater, by all
21 action taken under this subsection.
22 (b) Additionally, between budget entities within
23 identical categories of appropriations, if no category of
24 appropriation is increased or decreased by more than 5 percent
25 of the original approved budget or $150,000 $25,000, whichever
26 is greater, by all action taken under this subsection.
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28 (c) Such authorized revisions must be consistent with the
29 intent of the approved operating budget, must be consistent
30 with legislative policy and intent, and must not conflict with
31 specific spending policies specified in the General
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 Appropriations Act. Such authorized revisions, together with
2 related changes, if any, in the plan for release of
3 appropriations, shall be transmitted by the state agency or by
4 the judicial branch to the Comptroller for entry in the
5 Comptroller's records in the manner and format prescribed by
6 the Executive Office of the Governor in consultation with the
7 Comptroller. A copy of such revision shall be furnished to
8 the Executive Office of the Governor or the Chief Justice, the
9 chairs of the legislative committees, and the Auditor General.
10 (5)(a) Transfers of appropriations for operations from
11 the General Revenue Fund in excess of those provided in
12 subsections (3) and (4) but within a state agency or within
13 the judicial branch may be authorized by the Executive Office
14 of the Governor commission for the executive branch and the
15 Chief Justice for the judicial branch, pursuant to the request
16 of the agency filed with the Executive Office of the Governor,
17 or pursuant to the request of an entity of the judicial branch
18 filed with the Chief Justice of the Supreme Court, if deemed
19 necessary and in the best interest of the state and consistent
20 with legislative policy and intent. The provisions of this
21 paragraph are subject to the notice, review, and objection
22 procedures set forth in s. 216.177.
23 (b) When an appropriation for a named fixed capital
24 outlay project is found to be in excess of that needed to
25 complete that project, at the request of the Executive Office
26 of the Governor for state agencies or the Chief Justice of the
27 Supreme Court for the judicial branch the excess may be
28 transferred, with the approval of the commission or the Chief
29 Justice, to another project for which there has been an
30 appropriation in the same fiscal year from the same fund and
31 within the same department where a deficiency is found to
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SENATE AMENDMENT
Bill No. CS for SB 228
Amendment No.
1 exist. Further, a fixed capital outlay project may not be
2 initiated without a specific legislative appropriation, nor
3 may the scope of a fixed capital outlay project be changed by
4 the transfer of funds. However, federal funds for fixed
5 capital outlay projects for the Department of Military Affairs
6 which do not carry a continuing commitment on future
7 appropriations are hereby appropriated for the purpose
8 received. The provisions of this paragraph are subject to the
9 notice, review, and objection procedures set forth in s.
10 216.177.
11 (8)
12 (b) Should any state agency or the judicial branch
13 become more than 90 days delinquent in paying the Division of
14 Risk Management of the Department of Insurance for insurance
15 coverage, the Department of Insurance may certify to the
16 Comptroller the amount due; and the Comptroller shall transfer
17 the amount due to the Division of Risk Management from any
18 funds of the agency or the judicial branch available. The
19 Executive Office of the Governor is authorized to redistribute
20 the approved operating budget for the special category for
21 risk management as part of the initial approved financial plan
22 based on the total appropriation for the Florida Casualty
23 Insurance Risk Management Trust Fund and distributed in
24 accordance with the cost allocation schedules provided by the
25 Division of Risk Management, which includes all state
26 agencies, the judicial branch, and the legislative branch.
27 Section 16. Paragraphs (a) and (b) of subsection (3)
28 of section 255.25, Florida Statutes, 1998 Supplement, are
29 amended to read:
30 255.25 Approval required prior to construction or
31 lease of buildings.--
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Bill No. CS for SB 228
Amendment No.
1 (3)(a) Except as provided in paragraph (b) and
2 subsection (10), no state agency shall enter into a lease as
3 lessee for the use of 3,000 square feet or more of space in a
4 privately owned building except upon advertisement for and
5 receipt of competitive bids and award to the lowest and best
6 bidder. The Department of Management Services shall have the
7 authority to approve a lease for 3,000 square feet or more of
8 space that covers more than 1 fiscal year, subject to the
9 provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503,
10 if such lease is, in the judgment of the department, in the
11 best interests of the state. This paragraph does not apply to
12 buildings or facilities of any size leased for the purpose of
13 providing care and living space for persons.
14 (b) The Department of Management Services may approve
15 extensions of an existing lease of 3,000 square feet or more
16 of space if such extensions are determined to be in the best
17 interests of the state, but in no case shall the total of such
18 extensions exceed 11 months. If at the end of the 11th month
19 an agency still needs space, such space it shall be procured
20 by competitive bid in accordance with s. 255.249(2)(b); or, if
21 an agency determines that it is in its best interest to remain
22 in the space it currently occupies, the agency may negotiate a
23 replacement lease with the lessor if an independent market
24 analysis demonstrates that the rates offered are within market
25 rates for the space offered, and if the cost of the new lease
26 does not exceed the cost of a comparable lease plus documented
27 moving costs. A present value analysis and the consumer price
28 index shall be used in the calculation of lease costs. The
29 term of the replacement lease shall not exceed the base term
30 of the expiring lease.
31
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Bill No. CS for SB 228
Amendment No.
1 (Redesignate subsequent sections.)
2
3
4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 26, after the semicolon
7
8 insert:
9 amending s. 216.023, F.S.; revising the date
10 for submission of final legislative budget
11 requests; amending ss. 216.0166, 216.0172,
12 216.0235, 240.2601, and 240.383, F.S., to
13 conform; amending s. 216.131, F.S.; making
14 certain public hearings on legislative budget
15 requests by the Governor and Chief Justice
16 optional; amending s. 216.181, F.S.; revising
17 requirements for approval of amendments to
18 original approved operating budgets involving
19 certain information resources management
20 projects or initiatives; amending s. 216.192,
21 F.S.; revising requirements relating to release
22 of appropriations; amending s. 216.231, F.S.;
23 revising requirements relating to release of
24 funds for emergencies or deficiencies; removing
25 a public hearing requirement; amending s.
26 216.262, F.S.; revising requirements for adding
27 or deleting authorized positions; removing
28 public hearing requirements; amending s.
29 216.292, F.S.; revising requirements relating
30 to transfer of funds between agencies;
31 providing for appropriation of federal funds
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Bill No. CS for SB 228
Amendment No.
1 for fixed capital outlay projects for the
2 Department of Military Affairs; providing for
3 redistribution of the approved operating budget
4 for the special category of risk management;
5 amending s. 255.25, F.S.; providing
6 requirements for a replacement lease of space
7 in privately owned buildings;
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