Senate Bill 1466c1
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Florida Senate - 2000 CS for SB 1466
By the Committee on Fiscal Policy
309-1984-00
1 A bill to be entitled
2 An act relating to the state budgetary process;
3 revising procedures used in submitting and
4 reviewing requests for state funds; amending s.
5 216.011,F.S.; revising, deleting, and adding
6 definitions; creating s. 216.013, F.S.;
7 requiring agencies to submit long-range program
8 plans; amending s. 216.015, F.S.; revising
9 legislative findings; amending s. 216.0152,
10 F.S.; changing the date for publishing a
11 certain report; amending s. 216.0158, F.S.;
12 revising procedures for determination of
13 facility needs; amending s. 216.016, F.S.;
14 requiring additional information in the
15 Governor's recommended budget; amending s.
16 216.023, F.S.; prescribing procedures for
17 submitting agency budget requests to the
18 Legislature; amending s. 216.031, F.S.;
19 revising procedures relating to legislative
20 budget requests; amending s. 216.044, F.S.;
21 revising procedures relating to budget
22 evaluation by the Department of Management
23 Services; amending s. 216.0446, F.S.; revising
24 procedures relating to review of information
25 resources management needs; amending s.
26 216.052, F.S.; providing procedure for
27 submitting community budget requests; amending
28 s. 216.081, F.S.; revising the schedule for
29 submission of data relating to the judicial and
30 legislative branches; amending s. 216.131,
31 F.S.; revising procedures relating to public
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1 hearings; amending s. 216.133, F.S.; revising,
2 deleting, and adding definitions; amending s.
3 216.134, F.S.; revising procedures to be used
4 by estimating conferences; amending s. 216.136,
5 F.S.; revising duties of the Economic
6 Estimating Conference; abolishing the
7 Transportation Estimating Conference; creating
8 the Self-Insurance Estimating Conference and
9 the Florida Retirement System Actuarial
10 Assumption Conference; amending s. 216.141,
11 F.S.; revising provisions relating to the
12 planning and budgeting system; amending s.
13 216.151, F.S.; revising duties of the Executive
14 Office of the Governor; amending s. 216.162,
15 F.S.; revising procedures relating to
16 furnishing legislators with copies of the
17 Governor's recommended budget; amending s.
18 216.163, F.S.; revising provisions relating to
19 form and content of the Governor's recommended
20 budget; amending s. 216.177, F.S.; revising
21 provisions relating to appropriation act
22 statements of intent and to required notices of
23 budgetary action; amending s. 216.178, F.S.;
24 requiring additional notice before the vote on
25 an appropriations act; revising duties of the
26 Governor with respect to statements of costs of
27 state debts and obligations; amending s.
28 216.179, F.S.; prohibiting reinstatement by a
29 state agency of vetoed appropriations
30 administratively; amending s. 216.181, F.S.;
31 revising procedures relating to approved
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1 budgets for operations and fixed capital
2 outlay; revising restrictions on increases on
3 salary rate; prescribing procedures with
4 respect to nonoperating budgets; deleting
5 obsolete provisions; creating s. 216.1825,
6 F.S.; requiring zero-based budgeting reviews;
7 providing for use of zero-based budgeting
8 principles; amending s. 216.183, F.S.; revising
9 provisions relating to development of charts of
10 accounts; amending s. 216.192, F.S.; revising
11 procedures relating to release of
12 appropriations; amending s. 216.195, F.S.;
13 defining the term "impoundment" for purposes of
14 impoundment of funds; amending s. 216.212,
15 F.S.; revising duties of the Executive Office
16 of the Governor and the Office of the
17 Comptroller with respect to budgets for federal
18 funds; creating s. 216.216, F.S.; prescribing
19 procedures to be used with respect to funds
20 subject to a court settlement negotiated by the
21 state; amending s. 212.221, F.S.; revising
22 procedures to be used in the event of budget
23 deficits; amending s. 216.251, F.S.; revising
24 procedures relating to salary appropriations
25 for certain employees; amending s. 216.262,
26 F.S.; revising provisions relating to increases
27 in authorized positions; defining the term
28 "perquisites" for purposes of limiting the
29 furnishing thereof; amending s. 216.271, F.S.;
30 defining the term "revolving fund"; amending s.
31 216.292, F.S.; revising provisions relating to
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1 limits on and procedures for transfers of
2 appropriations; amending s. 216.321, F.S.;
3 conforming terminology to changes made by the
4 act; amending s. 11.45, F.S.; prescribing
5 duties of the Auditor General with respect to
6 direct-support and citizen support
7 organizations; creating s. 11.90, F.S.;
8 creating the Legislative Budget Commission;
9 amending s. 120.65, F.S.; deleting 21-day time
10 limitation on action by the Executive Office of
11 the Governor; amending s. 121.031, F.S.;
12 deleting provisions relating to the Florida
13 Retirement System Actuarial Assumption
14 Conference; amending s. 186.002, F.S.; changing
15 "state agency strategic" plan to "long-range
16 program" plan; amending s. 186.003, F.S.;
17 redefining the term "state agency"; amending s.
18 186.021, F.S.; requiring each state agency to
19 develop a long-range program plan annually;
20 amending s. 186.022, F.S.; requiring submission
21 of information resource strategic plans;
22 amending s. 186.901, F.S.; revising provisions
23 relating to production of population estimates;
24 amending s. 215.18, F.S.; providing authority
25 for the Governor to approve transfers between
26 funds to avoid deficits; amending s. 215.22,
27 F.S.; exempting Tobacco Settlement Trust Funds
28 from service charge to general revenue;
29 amending s. 215.32, F.S.; authorizing the
30 Governor to combine trust funds under certain
31 conditions; amending ss. 240.209, 240.20941,
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1 240.279, 288.7091, 320.20, 337.023, 339.135,
2 376.15, 392.69, F.S., to conform terminology
3 and references to changes made by the act;
4 transferring, renumbering, and amending s.
5 216.3491, F.S.; providing for the Florida
6 Single Audit Act; renumbering s. 216.331, F.S.,
7 relating to disbursement of state moneys;
8 renumbering s. 216.3505, F.S., relating to
9 refinancing of bonds; repealing s. 216.001,
10 F.S., relating to definitions; repealing s.
11 216.0154, F.S., relating to assessment of
12 trends and conditions affecting need for
13 capital facilities; repealing s. 216.0162,
14 F.S., relating to monitoring and evaluation of
15 capital facilities planning and budgeting;
16 repealing s. 216.0166, F.S., relating to
17 submission of performance-based budget
18 requests, programs, and performance measures;
19 repealing s. 216.0172, F.S., relating to the
20 schedule for submission of performance-based
21 program budgets; repealing s. 216.0235, F.S.,
22 relating to furnishing of performance-based
23 legislative program budget requests; repealing
24 s. 216.0315, F.S., relating to budgets of state
25 agencies that have international programs;
26 repealing s. 216.091, F.S., relating to
27 statements by the Comptroller; repealing s.
28 216.111, F.S., relating to financial statements
29 and schedules and other reports; repealing s.
30 216.281, F.S., relating to construction of
31 terms; repealing s. 216.286, F.S., relating to
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1 release of funds under the Florida Employment
2 Opportunity Act; providing applicability;
3 providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 216.011, Florida Statutes, is
8 amended to read:
9 216.011 Definitions.--
10 (1) For the purpose of fiscal affairs of the state,
11 appropriations acts, agency legislative budgets, and approved
12 budgets, each of the following terms has the meaning
13 indicated:
14 (a) "Annual salary rate" means the monetary
15 compensation authorized salary estimated to be paid or
16 actually paid a position or positions on an annualized basis.
17 The term does not include moneys authorized for benefits
18 associated with the position. In calculating salary rate, a
19 vacant position shall be calculated at the minimum of the pay
20 grade for that position.
21 (b) "Appropriation" means a legal authorization to
22 make expenditures for specific purposes within the amounts
23 authorized in the appropriations act.
24 (c) "Appropriations act" means the authorization of
25 the Legislature, based upon agency legislative budgets or
26 based upon legislative findings of the necessity for an
27 authorization when no agency legislative budget is filed, for
28 the expenditure of amounts of money by an agency, the judicial
29 branch, and the legislative branch for stated purposes in the
30 performance of the functions it is authorized by law to
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1 perform. The categories contained in the appropriations act
2 include, but are not limited to:
3 1. Data processing services.
4 2. Expense.
5 3. Fixed capital outlay.
6 4. Food products.
7 5. Grants and aids.
8 6. Grants and aids to local governments and nonstate
9 entities-fixed capital outlay.
10 7. Lump sum.
11 8. Other personal services.
12 9. Operating capital outlay.
13 10. Salaries and benefits.
14 11. Special categories.
15 (d) "Authorized position" means a position included in
16 an approved budget. In counting the number of authorized
17 positions, part-time positions shall be converted to full-time
18 equivalents.
19 (e) "Service" "Budget entity" means a unit or function
20 at the lowest level to which funds are specifically
21 appropriated in the appropriations act.
22 (f) "Consultation" means to deliberate and seek advice
23 in an open and forthright manner with the full committee, a
24 subcommittee thereof, the chair, or the staff as deemed
25 appropriate by the chair of the respective appropriations
26 committee.
27 (g) "Continuing appropriation" means an appropriation
28 automatically renewed without further legislative action,
29 period after period, until altered or revoked by the
30 Legislature.
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1 (h) "Data processing services" means the category used
2 to fund electronic data processing services provided by or to
3 state agencies or the judicial branch, which services include,
4 but are not limited to, systems design, software development,
5 or time-sharing by other governmental units or budget
6 entities.
7 (i) "Disbursement" means the payment of an
8 expenditure.
9 (j) "Disincentive" means a sanction as described in s.
10 216.163.
11 (k) "Established position" means an authorized
12 position which has been classified in accordance with a
13 classification and pay plan as provided by law.
14 (l) "Expenditure" means the creation or incurring of a
15 legal obligation to disburse money.
16 (m) "Expense" means the category used to fund the
17 usual, ordinary, and incidental expenditures by an agency or
18 the judicial branch, including, but not limited to, such items
19 as contractual services, commodities, and supplies of a
20 consumable nature, current obligations, and fixed charges, and
21 excluding expenditures classified as operating capital outlay.
22 Payments to other funds or local, state, or federal agencies
23 may be are included in this category budget classification of
24 expenditures.
25 (n) "Fiscal year of the state" means a period of time
26 beginning July 1 and ending on the following June 30, both
27 dates inclusive.
28 (o) "Fixed capital outlay" means the category used to
29 fund real property (land, buildings, including appurtenances,
30 fixtures and fixed equipment, structures, etc.), including
31 additions, replacements, major repairs, and renovations to
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1 real property which materially extend its useful life or
2 materially improve or change its functional use and including
3 furniture and equipment necessary to furnish and operate a new
4 or improved facility, when appropriated by the Legislature in
5 the fixed capital outlay appropriation category.
6 (p) "Full-time position" means a position authorized
7 for the entire normally established work period, daily,
8 weekly, monthly, or annually.
9 (q) "Grants and aids" means the category used to fund
10 contributions to units of governments or nonstate entities
11 nonprofit organizations to be used for one or more specified
12 purposes or, activities, or facilities. Funds appropriated to
13 units of government and nonprofit entities under this category
14 may be advanced.
15 (r) "Incentive" means a mechanism, as described in s.
16 216.163, for recognizing the achievement of performance
17 standards or for motivating performance that exceeds
18 performance standards.
19 (s) "Independent judgment" means an evaluation of
20 actual needs made separately and apart from the agency
21 legislative budget request of any other agency or of the
22 judicial branch, or any assessments by the Governor. Such
23 evaluation shall not be limited by revenue estimates of the
24 Revenue Estimating Conference.
25 (t) "Judicial branch" means all officers, employees,
26 and offices of the Supreme Court, district courts of appeal,
27 circuit courts, county courts, and the Judicial Qualifications
28 Commission.
29 (u) "Legislative branch" means the various officers,
30 committees, and other units of the legislative branch of state
31 government.
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1 (v) "Agency Legislative budget request" means a
2 request to the Legislature, filed pursuant to s. 216.023, or
3 supplemental detailed requests filed with the Legislature, for
4 the amounts of money such agency or branch believes will be
5 needed in the performance of the functions that it is
6 authorized, or which it is requesting authorization by law, to
7 perform.
8 (w) "Lump-sum appropriation" means the category used
9 to fund funds appropriated to accomplish a specific activity
10 or project which must be transferred to one or more
11 appropriation categories for expenditure.
12 (x) "Operating capital outlay" means the category used
13 to fund equipment, fixtures, and other tangible personal
14 property of a nonconsumable and nonexpendable nature, the
15 value or cost of which is $1,000 or more and the normal
16 expected life of which is 1 year or more, and hardback-covered
17 bound books that are circulated to students or the general
18 public, the value or cost of which is $25 or more, and
19 hardback-covered bound books, the value or cost of which is
20 $250 or more.
21 (y) "Original approved budget" means the approved plan
22 of operation of an agency or of the judicial branch consistent
23 with the General Appropriations Act or special appropriations
24 acts.
25 (z) "Other personal services" means the category used
26 to fund the compensation for services rendered by a person who
27 is not a regular or full-time employee filling an established
28 position. This definition includes, but is not limited to,
29 services of temporary employees, student or graduate
30 assistants, persons on fellowships, part-time academic
31 employees, board members, and consultants and other services
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1 specifically budgeted by each agency, or by the judicial
2 branch, in this category.
3 1. In distinguishing between payments to be made from
4 salaries and benefits appropriations and
5 other-personal-services appropriations:,
6 1. Those persons filling established positions shall
7 be paid from salaries and benefits appropriations and those
8 persons performing services for a state agency or for the
9 judicial branch, but who are not filling established
10 positions, shall be paid from other-personal-services
11 appropriations.
12 2. It is further intended that Those persons paid from
13 salaries and benefits appropriations shall be state officers
14 or employees and shall be eligible for membership in a state
15 retirement system and those paid from other-personal-services
16 appropriations shall not be eligible for such membership.
17 (aa) "Part-time position" means a position authorized
18 for less than the entire normally established work period,
19 daily, weekly, monthly, or annually.
20 (aa)(bb) "Pay plan" means a document which formally
21 describes the philosophy, methods, procedures, and salary
22 schedule for compensating employees for work performed.
23 (cc) "Perquisites" means those things, or the use
24 thereof, or services of a kind which confer on the officers or
25 employees receiving same some benefit that is in the nature of
26 additional compensation, or which reduces to some extent the
27 normal personal expenses of the officer or employee receiving
28 the same, and shall include, but not be limited to, such
29 things as quarters, subsistence, utilities, laundry services,
30 medical service, use of state-owned vehicles for other than
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1 state purposes, servants paid by the state, and other similar
2 things.
3 (bb)(dd) "Position" means the work, consisting of
4 duties and responsibilities, assigned to be performed by an
5 officer or employee.
6 (cc)(ee) "Position number" means the identification
7 number assigned to an established position.
8 (dd)(ff) "Program component" means an aggregation of
9 generally related services objectives which, because of their
10 special character, related workload, and interrelated output,
11 can logically be considered an entity for purposes of
12 organization, management, accounting, reporting, and
13 budgeting.
14 (ee)(gg) "Proviso" means language that qualifies or
15 restricts a specific appropriation and which can be logically
16 and directly related to the specific appropriation.
17 (ff)(hh) "Reclassification" means changing an
18 established position in one class in a series to the next
19 higher or lower class in the same series or to a class in a
20 different series which is the result of a natural change in
21 the duties and responsibilities of the position.
22 (ii) "Revolving fund" means a cash fund maintained
23 within or outside of the State Treasury and established from
24 an appropriation, to be used by an agency or the judicial
25 branch in making authorized expenditures.
26 (gg)(jj) "Salary" means the cash compensation for
27 services rendered for a specific period of time.
28 (hh)(kk) "Salary schedule" means an official document
29 which contains a complete list of classes and their assigned
30 salary ranges.
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1 (ii)(ll) "Special category" means the category used to
2 fund amounts appropriated for a specific need or
3 classification of expenditures.
4 (jj)(mm) "State agency" or "agency" means any
5 official, officer, commission, board, authority, council,
6 committee, or department of the executive branch of state
7 government. For purposes of this chapter and chapter 215,
8 "state agency" or "agency" includes, but is not limited to,
9 state attorneys, public defenders, the Capital Collateral
10 Regional Counsels Representative, and the Justice
11 Administrative Commission, the Florida Housing Finance
12 Corporation, and the Public Service Commission.
13 (nn) "State revenue sharing" means statutory or
14 constitutional distributions to local units of government.
15 (kk)(oo) "Title of position," or "class of positions"
16 means the official name assigned to a position or class of
17 positions.
18 (ll)(pp) "Grants and Aids to Local Governments and
19 Nonstate Entities-Fixed Nonprofit Organizations-Fixed Capital
20 Outlay" means the that appropriation category used to fund
21 which includes:
22 1. Grants to local units of governments or nonstate
23 entities and nonprofit organizations for the acquisition of
24 real property (land, buildings, including appurtenances,
25 fixtures and fixed equipment, structures, etc.); additions,
26 replacements, major repairs, and renovations to real property
27 which materially extend its useful life or materially improve
28 or change its functional use; and operating capital outlay
29 necessary to furnish and operate a new or improved facility;
30 and
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1 2. Grants to local units of government for their
2 respective infrastructure and growth management needs related
3 to local government comprehensive plans.
4
5 Funds appropriated to local units of government and nonprofit
6 organizations under this category may be advanced in part or
7 in whole.
8 (mm)(qq) "Baseline data" means indicators of a state
9 agency's current performance level, pursuant to guidelines
10 established by the Executive Office of the Governor, in
11 consultation with legislative appropriations and appropriate
12 substantive committees.
13 (nn)(rr) "Outcome" means an indicator of the actual
14 impact or public benefit of a program.
15 (oo)(ss) "Output" means the actual service or product
16 delivered by a state agency.
17 (pp)(tt) "Performance-based program budget" means a
18 budget that incorporates approved programs and performance
19 measures.
20 (qq)(uu) "Performance measure" means a quantitative or
21 qualitative indicator used to assess state agency performance.
22 (rr)(vv) "Program" means a set of activities
23 undertaken in accordance with a plan of action organized to
24 realize identifiable goals and objectives based on legislative
25 authorization.
26 (ss)(ww) "Standard" means the level of performance of
27 an outcome or output.
28 (tt) "Food products" means the category used to fund
29 food consumed and purchased in state-run facilities that
30 provide housing to individuals.
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1 (uu) "Salaries and benefits" means the category used
2 to fund the monetary or cash-equivalent compensation for work
3 performed by state employees for a specific period of time.
4 Benefits shall be as provided by law.
5 (vv) "Agency budget instructions" means the annual set
6 of instructions developed to assist agencies in submitting
7 budget requests to the Legislature and to generate information
8 necessary for budgetary decisionmaking. Such instructions may
9 include program-based performance budget instructions.
10 (xx) "Performance-based program appropriation" means
11 funds appropriated for a specific set of activities or
12 classification of expenditure within an approved
13 performance-based program.
14 (yy) "Performance ledger" means the official
15 compilation of information about state agency
16 performance-based programs and measures, including approved
17 programs, approved outputs and outcomes, baseline data,
18 approved standards for each performance measure and any
19 approved adjustments thereto, as well as actual agency
20 performance for each measure.
21 (2) For purposes of this chapter, the term:
22 (a) "Approved operating budget" or "approved budget"
23 means the plan of operations consisting of the original
24 approved operating budget and statement of intent.
25 (b) "Commission" means the Legislative Budget
26 Administration Commission created in s. 11.90 composed of the
27 Governor and Cabinet.
28 (c) "Emergency situation" means a set of conditions
29 that were unforeseen at the time the General Appropriations
30 Act was adopted and that are essential to correct in order to
31 continue the operation of government, or a set of conditions
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1 that were not considered in the General Appropriations Act and
2 that constitute an imminent threat to public health, safety,
3 or welfare. This definition shall not apply to the emergency
4 provisions of chapter 252.
5 (d) "Impoundment" means the omission of any
6 appropriation or part of an appropriation in the approved
7 operating plan prepared pursuant to the provisions of s.
8 216.181 or in the schedule of releases prepared pursuant to
9 the provisions of s. 216.192 or the failure of any state
10 agency or the judicial branch to spend an appropriation for
11 the stated purposes authorized in the approved operating
12 budget.
13 Section 2. Section 216.013, Florida Statutes, is
14 created to read:
15 216.013 Long-range program plan.--
16 (1) State agencies shall develop long-range program
17 plans to achieve state goals using an interagency planning
18 process that includes the development of integrated agency
19 program service outcomes. The plan shall cover a period of 5
20 fiscal years and shall become effective July 1 each year.
21 Long-range program plans shall provide the framework for the
22 development of agency budget requests and shall:
23 (a) Identify agency programs and address how agency
24 programs will be used to implement state policy and achieve
25 state goals and program component objectives;
26 (b) Identify and describe agency services and how they
27 will be used to achieve designated outcomes;
28 (c) Identify activities and associated demand, output,
29 and total costs and unit costs for each activity;
30 (d) Provide information regarding performance
31 measurement, which includes, but is not limited to, how data
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1 is collected, the methodology used to measure a performance
2 indicator, the validity and reliability of a measure, the
3 appropriateness of a measure, and whether the agency inspector
4 general has assessed the reliability and validity of agency
5 performance measures, pursuant to s. 20.055(2);
6 (e) Identify and justify facility and fixed capital
7 outlay projects and their associated costs; and
8 (f) Identify and justify information technology
9 infrastructure and applications and their associated costs for
10 information technology projects or initiatives.
11 (2) All agency programs, services, and activities and
12 their costs shall be carefully evaluated and justified by the
13 agency. The justification must clearly demonstrate the needs
14 of agency customers and clients and why the agency is
15 proposing programs, services, and activities and their
16 associated costs to address the needs based on state
17 priorities, the agency mission, and legislative authorization.
18 Further, the justification must show how agency programs,
19 services, and activities are integrated and contribute to the
20 overall achievement of state goals. Facilities, fixed capital
21 outlay and information technology infrastructure, and
22 applications shall be evaluated pursuant to ss. 216.0158,
23 216.043, and 216.0446, respectively.
24 (3) Long-range program plans shall be submitted to the
25 Executive Office of the Governor by August 1 each year in a
26 form and manner prescribed in written instructions prepared by
27 the Executive Office of the Governor in consultation with
28 legislative appropriations committees.
29 (4) The Executive Office of the Governor shall review
30 the long-range program plans to ensure that they are
31 consistent with the state's goals and objectives and other
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1 requirements as specified in the written instructions and that
2 they provide the framework and context for the agency's budget
3 request. In its review, the Executive Office of the Governor
4 shall consider the findings of the Technology Review Workgroup
5 as to the consistency of the information technology portion of
6 long-range program plans with the State Annual Report on
7 Information Resources Management and statewide policies
8 recommended by the State Technology Council and the state's
9 plan for facility needs pursuant to s. 216.0158. Based on the
10 results of the review, the Executive Office of the Governor
11 may require an agency to revise the plan.
12 (5) Agencies shall incorporate all revisions required
13 by the Governor within 14 working days.
14 (6) Any differences between state agencies regarding
15 the programs, policies, or long-range program plans of such
16 agencies shall be mediated by the Executive Office of the
17 Governor.
18 (7) Each agency shall transmit copies of its
19 long-range program plan and all written comments on its plan
20 to the President of the Senate and the Speaker of the House of
21 Representatives not later than 60 days prior to the next
22 regular session of the Legislature.
23 (8) Long-range program plans developed pursuant to
24 this chapter are not rules and therefore are not subject to
25 the provisions of chapter 120.
26 (9) Agencies shall make appropriate adjustments to
27 their long-range program plans to be consistent with the
28 appropriations and performance measures in the General
29 Appropriations Act. Agencies have until June 15 to make
30 adjustments to their plans and submit the adjusted plans to
31 the Executive Office of the Governor for review.
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1 Section 3. Subsections (2) and (4) of section 216.015,
2 Florida Statutes, are amended to read:
3 216.015 Capital facilities planning and budgeting
4 process.--
5 (2) The Legislature finds that:
6 (a) The condition of the state's infrastructure,
7 including its roads, water and sewer facilities, state office
8 buildings, bridges, ports, airports, canals, prisons,
9 educational facilities, park and recreational facilities, and
10 other capital assets, are in need of repair, expansion, and
11 replacement at a time when the fiscal resources of the state
12 are increasingly being strained by the competing demands for
13 state services and capital improvements.
14 (b) The high degree of coordination among the various
15 branches of state government, local government, and public
16 benefit corporations which is necessary to maximize the
17 potential public benefits to be derived from the limited
18 financial resources which will be dedicated to public capital
19 improvements within this state in the future is lacking.
20 (c) There is a need to establish a comprehensive
21 capital facilities planning and budgeting process that which
22 is fully integrated with the state financial planning and debt
23 management activities and that which incorporates the
24 long-range plans of all state agencies and the judicial branch
25 and major public benefit corporations to ensure that projects
26 with the greatest potential for improving the prosperity and
27 well-being of the people of the state receive their proper
28 allocation of limited resources.
29 (d) There is currently no mechanism in place for
30 managing the debt structure of the state by matching the
31 capital facility needs of the state with the amounts and
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1 sources of funds which could be made available to meet those
2 needs.
3
4 It is, therefore, the intent of the Legislature in enacting
5 this legislation that a comprehensive capital facilities
6 planning and budgeting process be established and maintained
7 to enable the state to better meet the demands for new and
8 properly maintained infrastructure in a fiscally responsible
9 manner.
10 (4) In order to carry out this act, the Executive
11 Office of the Governor is designated as the agency responsible
12 for the coordination, development, and direction, monitoring,
13 and evaluation of the comprehensive capital facilities
14 planning and budgeting process, including the plans revised
15 pursuant to that process. The Executive Office of the Governor
16 shall publish an annual report of the progress being made by
17 the state toward meeting the state goals and objectives of the
18 plans.
19 Section 4. Subsection (3) of section 216.0152, Florida
20 Statutes, is amended to read:
21 216.0152 Inventory of state-owned facilities or
22 state-occupied facilities.--
23 (3) The Department of Management Services shall, every
24 3 years, publish a complete report detailing this inventory
25 and shall publish an annual update of the report. The
26 department shall furnish the updated report to the Executive
27 Office of the Governor and the Legislature no later than
28 September 15 1 of each year.
29 Section 5. Subsections (2), (4), and (5) of section
30 216.0158, Florida Statutes, are amended to read:
31 216.0158 Assessment of facility needs.--
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1 (2) On or before September 15 1 of each year, each
2 state agency, as defined in s. 216.011, shall submit to the
3 Executive Office of the Governor, and each district court of
4 appeal and the Marshal of the Supreme Court shall submit to
5 the Chief Justice of the Supreme Court, in a manner prescribed
6 by the agency legislative budget instructions, a short-term
7 plan for facility needs covering the next 5-year period. The
8 short-term plan shall list the agency's or judicial branch's
9 facility needs in order of priority and shall include
10 preventive maintenance strategies, expected replacement of
11 existing facilities, expected improvements or additions to
12 facilities on a specific project-by-project basis, estimated
13 cost, and other information as prescribed by the agency
14 legislative budget instructions. At the same time, when
15 directed in the legislative budget instructions as provided in
16 s. 216.023(3), each agency shall submit to the Executive
17 Office of the Governor, and each district court of appeal and
18 the Marshal of the Supreme Court shall submit to the Chief
19 Justice of the Supreme Court, who shall submit copies to the
20 legislative appropriations committees, in a format prescribed
21 by the instructions, a long-term plan for the 5 years
22 following the period of the short-term plan. The long-term
23 plan shall outline forecasted agency facility needs. The
24 Chief Justice shall certify the final approved plan for the
25 judicial branch to the Executive Office of the Governor which
26 shall include the plan, without modification, in the state
27 comprehensive plan.
28 (4) Each of The first year 2 years of the plan
29 referred to in subsection (2) shall comport with the
30 requirements of s. 216.043.
31
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1 (5) Each plan for years 2 3 through 5 shall provide
2 the following information:
3 (a) A full explanation of the basis for each project,
4 including a description of the function which requires the
5 facility; an explanation of the inability of existing
6 facilities to meet such requirements; historical background;
7 alternatives; and anticipated changes in both initial and
8 continuing operating costs.
9 (b) An application of standards and criteria to
10 establish the scope of each project.
11 (c) An application of cost factors to all elements of
12 each project to establish an estimate of funding requirements.
13 (d) A request for a legislative appropriation to
14 provide such funding in the appropriate fiscal year, including
15 the need for advance funding of programming and design
16 activities.
17 Section 6. Paragraph (a) of subsection (2) of section
18 216.016, Florida Statutes, is amended to read:
19 216.016 Evaluation of plans; determination of
20 financing method.--
21 (2)(a) The Executive Office of the Governor shall
22 develop a finance plan for meeting the state's infrastructure
23 and fixed capital outlay needs, which shall be incorporated
24 into the Governor's recommended budget submitted to the
25 Legislature pursuant to s. 216.162.
26 Section 7. Section 216.023, Florida Statutes, is
27 amended to read:
28 216.023 Agency Legislative budget requests to be
29 furnished to Legislature by agencies.--
30 (1) The head of each state agency shall submit an
31 agency a final legislative budget request to the Legislature
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1 and to the Governor, as chief budget officer of the state, in
2 the form and manner prescribed in the budget instructions and
3 at such time as specified by the Executive Office of the
4 Governor, based on the agency's independent judgment of its
5 needs. However, no state agency shall submit its complete
6 agency final legislative budget request, including all
7 supporting forms and schedules required by this chapter, later
8 than September 15 1 of each year.
9 (2) The judicial branch and the Division of
10 Administrative Hearings shall submit their complete agency
11 final legislative budget requests directly to the Legislature
12 with a copy to the Governor, as chief budget officer of the
13 state, in the form and manner as prescribed in the budget
14 instructions. However, the complete agency final legislative
15 budget requests, including all supporting forms and schedules
16 required by this chapter, shall be submitted no later than
17 September 15 1 of each year.
18 (3) The Executive Office of the Governor and the
19 appropriations committees of the Legislature shall jointly
20 develop agency legislative budget instructions for preparing
21 the exhibits and schedules that make up the agency budget from
22 which each agency and the judicial branch, pursuant to ss.
23 216.031 and 216.043, shall prepare their legislative budget
24 request. The budget instructions shall be consistent with s.
25 216.141 and shall be transmitted to each agency and to the
26 judicial branch no later than June 15 of each year. In the
27 event that agreement cannot be reached between the Executive
28 Office of the Governor and the appropriations committees of
29 the Legislature regarding agency legislative budget
30 instructions, the issue shall be resolved by the Governor, the
31
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1 President of the Senate, and the Speaker of the House of
2 Representatives.
3 (4) The agency budget request must contain for each
4 program:
5 (a) The constitutional or statutory authority for a
6 program, a brief purpose statement, and approved program
7 components.
8 (b) Information on expenditures for 3 fiscal years
9 (actual prior-year expenditures, current-year estimated
10 expenditures, and agency budget requested expenditures for the
11 next fiscal year) by appropriation category.
12 (c) Details on trust funds and fees.
13 (d) The total number of positions (authorized, fixed,
14 or requested).
15 (e) An issue narrative describing and justifying
16 changes in amounts and positions requested for current and
17 proposed programs for the next fiscal year.
18 (f) Information resource requests.
19 (g) Legislatively approved output and outcome
20 performance measures and any proposed revisions to measures.
21 (h) Proposed performance standards for each
22 performance measure and justification for the standards and
23 the sources of data to be used for measurement.
24 (i) Prior-year performance data on approved
25 performance measures and an explanation of deviation from
26 expected performance. Performance data must be assessed for
27 reliability in accordance with s. 20.055.
28 (j) Unit costs for approved output measures pursuant
29 to s. 186.022.
30 (k) Proposed performance incentives and disincentives.
31
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1 (5) Agencies must maintain a comprehensive performance
2 accountability system and provide a list of performance
3 measures maintained by the agency which are in addition to the
4 measures approved by the Legislature.
5 (6) Annually, no later than 45 days after the General
6 Appropriations Act becomes law, state agencies shall submit to
7 the Executive Office of the Governor adjustments to their
8 performance standards based on the amounts appropriated for
9 each program by the Legislature. When such an adjustment is
10 made, all performance standards, including any adjustments
11 made, shall be reviewed and revised as necessary by the
12 Executive Office of the Governor and, upon approval, submitted
13 to the Legislature pursuant to the review and approval process
14 provided in s. 216.177. The Senate Committee on Fiscal Policy
15 and the House of Representatives Fiscal Responsibility Council
16 shall advise Senate substantive committees and House of
17 Representatives substantive committees, respectively, of all
18 adjustments made to performance standards or measures. The
19 Executive Office of the Governor shall maintain both the
20 official record of adjustments to the performance standards as
21 part of the agency's approved operating budget and the
22 official performance ledger. As used in this section,
23 "performance ledger" means the official compilation of
24 information about state agency performance-based programs and
25 measures, including approved programs, approved outputs and
26 outcomes, baseline data, approved standards for each
27 performance measure and any approved adjustments thereto, as
28 well as actual agency performance for each measure.
29 (4) Each agency and the judicial branch shall submit
30 for review a preliminary legislative budget request to the
31 Executive Office of the Governor, in the form and manner
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1 prescribed in ss. 216.031 and 216.043, in accordance with the
2 legislative budget instructions, and at such time as may be
3 prescribed by the Executive Office of the Governor.
4 (7)(5) The Executive Office of the Governor shall
5 review the agency preliminary legislative budget request for
6 technical compliance with the budget format provided for in
7 the budget instructions. The Executive Office of the Governor
8 shall notify the agency or the judicial branch of any
9 adjustment required. The agency or judicial branch shall make
10 the appropriate corrections as requested in preparing its
11 final legislative budget request. If the appropriate
12 technical corrections are not made as requested in the final
13 legislative budget requests, the Executive Office of the
14 Governor shall may adjust the budget request to incorporate
15 the appropriate technical corrections in the format of the
16 request.
17 (8)(6) At any time after the Governor and the Chief
18 Justice submit their recommended agency budgets to the
19 Legislature, the head of the agency or judicial branch may
20 amend his or her request by transmitting to the Governor and
21 the Legislature an amended request in the form and manner
22 prescribed in the legislative budget instructions.
23 (9) The budget request from each agency and from the
24 judicial branch shall be reviewed by the Legislature. The
25 review may allow for the opportunity to have information or
26 testimony by the agency, the judicial branch, the Auditor
27 General, the Office of Program Policy Analysis and Government
28 Accountability, the Governor's Office of Planning and
29 Budgeting, and the public regarding the proper level of
30 funding for the agency in order to carry out its mission.
31
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1 (10) In order to ensure an integrated state planning
2 and budgeting process, the agency long-range plan should be
3 reviewed by the Legislature.
4 (7)(a) The provisions of subsections (1) and (2) to
5 the contrary notwithstanding, each agency subject to the
6 provisions of this section shall submit its legislative budget
7 request no later than September 1 of the year in which the
8 agency is required to submit its point-by-point response
9 pursuant to s. 216.0165(1)(d).
10 (b) Each agency and branch subject to the provisions
11 of this section and s. 216.0165 shall provide as part of its
12 budget request a point-by-point response to all funding
13 recommendations prepared and submitted by the Director of the
14 Office of Program Policy Analysis and Government
15 Accountability pursuant to s. 11.513. If the recommendations
16 of the director contain recommendations that specifically
17 apply to an agency or branch other than the agency or branch
18 that is the subject of the evaluation and review, the agency
19 that is not the subject of the evaluation and review shall
20 provide as part of its budget request a point-by-point
21 response to any funding recommendations which apply to such
22 agency or branch. The point-by-point response to the
23 director's recommended funding levels shall be displayed
24 numerically as major issues in the agency's legislative budget
25 request. Each point-by-point response to the director's
26 funding recommendations shall be specifically cross-referenced
27 to the agency's responses to the director's recommendations
28 required in s. 216.0165(1)(d).
29 (c) The budget instructions required pursuant to
30 subsection (3) shall include requirements that agency or
31 judicial branch responses, major issue summaries contained in
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1 the Governor's recommended budget, and the Letter of Intent
2 issued with the General Appropriations Act set the
3 point-by-point responses apart as major issues in the
4 following manner:
5 1. The director's recommendations for reduced funding
6 shall be separately identified as the director's
7 recommendations and treated as nonrecurring expenditures.
8 2. Agency requests to restore the director's
9 recommendations for reduced funding shall be separately
10 identified as agency requests to restore the director's
11 recommendations and treated as improved programs.
12 3. The director's recommendations for increased
13 funding shall be separately identified as the director's
14 recommendations and treated as major issues for continuation
15 of current programs.
16 4. All other agency requests that would provide
17 funding levels above the director's recommendations shall be
18 separately identified as agency requests for funding above the
19 director's recommendations and treated as new or improved
20 programs.
21 (d) By March 1 of the year following the submittal of
22 an agency's budget request in accordance with the operation of
23 this subsection and the evaluation and review of the agency
24 pursuant to ss. 11.513 and 216.0165, the appropriate
25 substantive committees of the Senate and the House of
26 Representatives shall review the report of the consultant and
27 the recommendations of the director submitted pursuant to s.
28 11.513 and the responses to the director's recommendations by
29 the agencies that are the subject of the report and
30 recommendations, and shall make recommendations for
31 continuation, modification, or repeal of any of the agencies'
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1 programs that are affected by the consultant's report or the
2 recommendations of the director. In developing their
3 recommendations, such committees also shall consider the
4 recommendations and responses made in the agencies'
5 legislative budget requests as required by this subsection and
6 in the Governor's recommended budget.
7 Section 8. Section 216.031, Florida Statutes, is
8 amended to read:
9 216.031 Target budget request Budgets for operational
10 expenditures.--A legislative budget request, reflecting the
11 independent judgment of the head of the state agency, and of
12 the Chief Justice of the Supreme Court, with respect to the
13 needs of the agency and the judicial branch for operational
14 expenditures during the next fiscal year, shall be submitted
15 by each head of a state agency and by the Chief Justice of the
16 Supreme Court and shall contain the following:
17 (1) For each budget entity, a summary exhibit showing,
18 for each appropriation category, for each fund, 1 prior year's
19 appropriations for general revenue, 1 prior year's actual
20 expenditures and 1 current year's estimated expenditures, and
21 the requested expenditures for the next fiscal year. The
22 total number of positions for the budget entity shall be shown
23 for each fiscal year of data for which positions are
24 authorized, fixed, or requested. However, the agency budget
25 request for the State University System shall be expressed in
26 terms of the amounts for the various programs as prescribed in
27 s. 240.271 and in terms of the specified appropriation
28 categories, including the special units' budgets, prescribed
29 in the prior appropriations act.
30 (2) For each program component within the budget
31 entity, an exhibit showing, for each appropriation category,
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1 the summary explanation of expenditures for each detail issue
2 describing the amounts and positions for the next fiscal year
3 for continuation of current programs, for improved programs,
4 and for new programs, with a summary showing totals by fund
5 for the next fiscal year.
6 (3) For each trust fund within the budget entity, a
7 schedule showing the trust funds available, providing the
8 source of receipts, detail of nonoperating disbursements,
9 operating expenditures, fixed capital outlay, and unencumbered
10 cash balances, for 1 prior year's actual, the current year's
11 estimated, and the request for the next fiscal year. In
12 addition, for each trust fund established in connection with
13 legislative action authorizing the collection of a fee or
14 other charge to support a governmental service or activity
15 being performed by the agency involved, there shall be
16 submitted a schedule showing the full cost of such service or
17 activity, the total fees or charges collected to fund such
18 costs, and the amount of excess collections or any deficit.
19 The sources and amounts of any funds used to cover a deficit
20 shall also be shown. The service or activity being performed
21 shall be reviewed by the appropriations committees in the
22 Senate and House of Representatives for the express purpose of
23 making adjustments in fees or other charges in order to make
24 such activities as nearly self-supporting as possible.
25 (4) For each budget entity, a schedule showing detail
26 of positions, providing for each class of positions within
27 discrete organizational activities, by the collective
28 bargaining unit and program component for the next fiscal
29 year, the number of full-time equivalent positions, the
30 estimated rate of salary, the amounts requested for new
31 positions, and the number of new positions requested.
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1 (5) Detailed information for the next fiscal year
2 necessary for the Legislature and the Governor to evaluate:
3 (a) The effectiveness of current programs, including
4 justification for those programs.
5 (b) The justification for increasing costs to continue
6 the operations of current programs.
7 (c) The justification for proposed improvements in
8 existing programs.
9 (d) The justification for proposed new programs.
10 (e) The projected cost of the requested program for
11 the following fiscal year.
12 (f) The needs of the agency or of the judicial branch
13 for operational expenditures, by order of priority.
14 (6) Additional information providing a detailed
15 description of the request of the agency and the corresponding
16 calculations needed to support the request.
17 (7) Workload and other performance indicators, as
18 prescribed by the legislative budget instructions.
19 (8) An information resources management schedule
20 showing the agency's or judicial branch's total budget request
21 for information resources management. The schedule shall be
22 in the format provided for in the legislative budget
23 instructions. The budget request for information resources
24 management shall identify, if applicable, which parts of the
25 request are in response to any information resources
26 management issues included in the legislative budget
27 instructions. This subsection is applicable only to those
28 state agencies which are under the purview of ss.
29 282.303-282.313 and to the judicial branch.
30 (9) A report separately listing the sources of
31 receipts into each trust fund and the amounts of such
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1 receipts. In addition, the report shall identify the
2 administrative and program costs expended from the trust fund,
3 including salaries, other personal services, operating capital
4 outlay, fixed capital outlay, other expenses, contractual
5 services, and transfers to other trust funds.
6 (10) For those agencies or the judicial branch
7 operating programs under a performance-based program budget,
8 an evaluation of the agency's progress in meeting the
9 performance standards for programs approved pursuant to s.
10 216.0166. Such evaluation shall be developed as prescribed by
11 the budget instructions, and shall include any responses by
12 the agency or the Chief Justice to the findings of the Office
13 of Program Policy Analysis and Government Accountability
14 pursuant to s. 11.513.
15 (11) For performance-based program budgets, the
16 baseline data, outcome measures, output measures, and
17 standards for program measures, including justification for
18 those programs in the format required by the legislative
19 budget instructions.
20 (12) A prioritized listing of planned expenditures for
21 review and possible reduction in the event of revenue
22 shortfalls, as provided for in s. 216.221. Such list shall be
23 in the format provided in the planning and budgeting
24 instructions.
25
26 Either chair of a legislative appropriations committee, or the
27 Executive Office of the Governor for state agencies, may
28 require the agency or the Chief Justice to address major
29 issues separate from those outlined in s. 216.023, this
30 section, and s. 216.043 for inclusion in the requests of the
31 agency or of the judicial branch. The issues shall be
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1 submitted to the agency no later than July 30 of each year and
2 shall be displayed in its requests as provided in the budget
3 instructions. The Executive Office of the Governor may
4 request an agency, or the chair of the appropriations
5 committees of the Senate or House of Representatives may
6 request any agency or the judicial branch, to submit no later
7 than September 30 15 of each year a budget plan with respect
8 to targets established by the Governor or either chair. The
9 target budget shall require each entity to establish an order
10 of priorities for its budget issues and may include requests
11 for multiple options for the budget issues. The target budget
12 may also require each entity to submit a program budget or a
13 performance-based budget in the format prescribed by the
14 Executive Office of the Governor or either chair; provided,
15 however, the target budget format shall be compatible with the
16 planning and budgeting system requirements set out in s.
17 216.141. Such a request shall not influence the agencies' or
18 judicial branch's independent judgment in making agency
19 legislative budget requests, as required by law.
20 Section 9. Section 216.044, Florida Statutes, is
21 amended to read:
22 216.044 Budget evaluation by Department of Management
23 Services.--
24 (1) Any state agency or judicial branch entity
25 requesting a fixed capital outlay project to be managed by the
26 Department of Management Services shall consult with that
27 department during the budget-development process. The
28 Department of Management Services shall provide
29 recommendations regarding construction requirements, cost of
30 the project, and project alternatives to be incorporated in
31
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1 the agency's or entity's proposed fixed capital outlay budget
2 request and narrative justification.
3 (2)(1) Concurrently with the submission of the fixed
4 capital outlay agency legislative budget request to the
5 Executive Office of the Governor or to the Chief Justice of
6 the Supreme Court, the agency or judicial branch shall submit
7 a copy of the agency legislative budget request to the
8 Department of Management Services for evaluation.
9 (3)(2) The Department of Management Services shall
10 advise the Executive Office of the Governor, the Chief
11 Justice, and the Legislature regarding alternatives to the
12 proposed fixed capital outlay project and make recommendations
13 relating to the construction requirements and cost of the
14 project. These recommendations shall be provided to the
15 Legislature and Executive Office of the Governor at a time
16 specified by the Governor, but not less than 90 days prior to
17 the regular session of the Legislature. When evaluating
18 alternatives, the Department of Management Services shall
19 include information as to whether it would be more
20 cost-efficient to lease private property or facilities, to
21 construct facilities on property presently owned by the state,
22 or to acquire property on which to construct the facilities.
23 In determining the cost to the state of constructing
24 facilities on property presently owned by the state or the
25 cost of acquiring property on which to construct facilities,
26 the Department of Management Services shall include the costs
27 which would be incurred by a private person in acquiring the
28 property and constructing the facilities, including, but not
29 limited to, taxes and return on investment.
30 (3) The Department of Management Services shall
31 provide assistance to any state agency, the judicial branch,
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1 and the Executive Office of the Governor in fulfilling the
2 requirements of s. 216.0442 as developed pursuant to ss.
3 216.031 and 216.043.
4 Section 10. Section 216.0446, Florida Statutes, is
5 amended to read:
6 216.0446 Review of information resources management
7 needs.--
8 (1) The Legislative Budget Commission shall Executive
9 Office of the Governor may contract with the Legislature to
10 provide a mechanism for review of and recommendations with
11 respect to the portion of agencies' strategic plans which
12 pertains to information resources management needs and with
13 respect to agencies' legislative budget requests for
14 information resources management. This mechanism shall be
15 referred to as the Technology Review Workgroup, which shall be
16 headed by a senior-level manager.
17 (2) In addition to its primary duty specified in
18 subsection (1), the Technology Review Workgroup shall have
19 powers and duties that include, but are not limited to, the
20 following:
21 (a) To evaluate the information resource management
22 needs identified in the agency strategic plans for consistency
23 with the State Annual Report on Information Resources
24 Management and statewide policies recommended by the State
25 Technology Council, and make recommendations to the Executive
26 Office of the Governor, pursuant to s. 186.022(3).
27 (b) To review and make recommendations to the
28 Executive Office of the Governor and the chairs of the
29 legislative fiscal committees on proposed budget amendments
30 and agency transfers associated with notices of proposed
31 action for budget items with respect to information resources
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1 management initiatives or projects that involve more than one
2 agency, that have an outcome that impacts another agency, or
3 that exceed $500,000 in total cost over a 1-year period.
4 (c) To make recommendations to the Executive Office of
5 the Governor on guidelines and best practices for information
6 resources management based on information received from the
7 State Technology Council.
8 Section 11. Section 216.052, Florida Statutes, is
9 amended to read:
10 216.052 Community Legislative budget requests;
11 appropriations; grants.--
12 (1) The budget request from each agency and from the
13 judicial branch shall be reviewed by the Legislature. The
14 review may allow for the opportunity to have information or
15 testimony by the agency, the judicial branch, the Auditor
16 General's Office, the Governor's Office of Planning and
17 Budgeting, and the public regarding the proper level of
18 funding for the agency in order to carry out its mission.
19 (2) In order to ensure an integrated state planning
20 and budgeting process, the strategic plan should be reviewed
21 by the Legislature.
22 (1)(3) Members of the Legislature may submit requests
23 to appropriate state funds to a state, local, county, or
24 regional governmental entity government, private organization,
25 or nonprofit organization requesting a state appropriation for
26 a program, service, or capital outlay initiative that is local
27 or regional in scope, is intended to meet a documented need,
28 addresses a statewide interest, is intended to produce
29 measureable results, and has tangible community support. has
30 not been formally recommended under procedures established by
31 law or that has been formally recommended under such
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1 procedures but has not been recommended by an agency or by the
2 judicial branch, or that promotes only a local or regional
3 interest, may be allowed the opportunity to provide
4 information or testimony to the appropriate subcommittee of
5 each appropriations committee. Each such request must include
6 a fiscal note that shows the estimated cost of operations and
7 capital outlay for the project. The fiscal note shall
8 indicate the percentage of the projected costs of operations
9 and capital outlay that is to be provided through state funds.
10 (2)(4) Each appropriation to a local government, a
11 private organization, or a nonprofit organization made
12 pursuant to a community budget request for a program, service,
13 or capital outlay initiative that promotes a solely local or
14 regional interest shall require that the community's support
15 be tangibly demonstrated by evidence that the program or
16 service will expects to operate in a financially sound manner.
17 Any other appropriation to a local government, a private
18 organization, or a nonprofit organization made pursuant to
19 this section a request as provided in subsection (3) should
20 generally require local matching funds. The match must be
21 based on the size and scope of the project and the applicant's
22 ability to provide the match. In addition, the granting of
23 state funds shall be used to encourage the establishment of
24 community-based partnerships between the public sector and the
25 private sector.
26 (3) Each community budget request submitted pursuant
27 to this section must receive a hearing before a body of duly
28 elected public officials before being submitted to the Senate
29 or the House of Representatives for consideration.
30 (4) Community budget requests shall be submitted in
31 the form and manner prescribed jointly by the President of the
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1 Senate and the Speaker of the House of Representatives. If the
2 President of the Senate and the Speaker of the House of
3 Representatives do not agree on a form and manner of
4 submission to be used by both houses, each may prescribe a
5 form and manner of submission to be used in his or her house.
6 (5) Community budget requests shall be submitted to
7 the Governor and either to the Chairman of the Senate Budget
8 Committee or to the Chairman of the House Fiscal
9 Responsibility Council in accordance with the schedule
10 established jointly by the President of the Senate and the
11 Speaker of the House of Representatives. If the President of
12 the Senate and the Speaker of the House of Representatives do
13 not agree on a schedule to be used by both houses, each may
14 prescribe a schedule to be used in his or her house.
15 (6) The Governor shall address each community budget
16 request submitted pursuant to this section in his budget
17 recommendations to the Legislature. In addressing each
18 request, the Governor shall provide such documentation as is
19 necessary to determine:
20 (a) The amount of funding being recommended for the
21 request;
22 (b) The budget entity and program component in which
23 funding for the request appears; and
24 (c) When no funding is being recommended, the
25 justification for failing to fund the request and the manner
26 in which the Governor intends to address the need to which the
27 request was directed.
28 (7)(5) The retention of interest earned on state funds
29 or the amount of interest income earned shall be applied
30 against the state entity's obligation to pay the appropriated
31 contracted amount.
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1 (8)(6) Whenever possible, a loan must be made in lieu
2 of a grant to a local government, a private organization, or a
3 nonprofit organization. It is the intent of the Legislature
4 that a revolving loan program shall be established so that the
5 loan amount plus interest is paid back by the recipient to the
6 state.
7 (9)(7) Any private or nonprofit organization that is
8 to receive funds through a community budget request requesting
9 funding shall, at the time of application for such funds,
10 provide information regarding its organization, including a
11 copy of its current budget, and a list of its board of
12 directors, and a copy of its most recent annual audit report
13 prepared by an independent certified public accountant
14 licensed in this state, including management letters or other
15 documents associated with the audit report.
16 (8) In addition to any other provision of law granting
17 access to records and accounts, the Auditor General may,
18 pursuant to his or her own authority hereby granted in this
19 subsection or at the direction of the Legislative Auditing
20 Committee, conduct audits of any direct-support organization
21 or citizen support organization authorized by law.
22 Independent audits of direct-support organizations and citizen
23 support organizations conducted by certified public
24 accountants shall be performed in accordance with rules
25 promulgated by the Auditor General.
26 Section 12. Subsection (1) of section 216.081, Florida
27 Statutes, is amended to read:
28 216.081 Data on legislative and judicial branch
29 expenses.--
30 (1) On or before September 1 in each year, In
31 sufficient time to be included in the Governor's recommended
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1 budget, estimates of the financial needs of the legislative
2 branch and the judicial branch during the ensuing fiscal year
3 shall be furnished to the Governor pursuant to chapter 11.
4 Section 13. Section 216.131, Florida Statutes, is
5 amended to read:
6 216.131 Public hearings on agency legislative
7 budgets.--The Governor and the Chief Justice of the Supreme
8 Court shall each provide for at least one public hearing prior
9 to submission of budget recommendations to the Legislature on
10 issues contained in agency legislative budget requests or in
11 the judicial branch budget request and issues that which may
12 be included in budget recommendations to the Legislature,
13 which hearing shall be held at such time as the Governor or
14 the Chief Justice may fix. The Governor may require the
15 attendance or participation, or both, at his or her hearings
16 of the heads or responsible representatives of all state
17 agencies supported by any form of taxation or licenses, fees,
18 imposts, or exactions. The Governor and the Chief Justice may
19 provide these hearings simultaneously via electronic format,
20 such as teleconference, Internet, etc., provided that a means
21 for active participation and questions by the audience is
22 accommodated.
23 Section 14. Section 216.133, Florida Statutes, is
24 amended to read:
25 216.133 Definitions; ss. 216.133-216.137.--As used in
26 ss. 216.133-216.137:
27 (1) "Consensus estimating conference" includes the
28 Economic Estimating Conference, the Demographic Estimating
29 Conference, the Revenue Estimating Conference, the Education
30 Estimating Conference, the Criminal Justice Estimating
31 Conference, the Juvenile Justice Estimating Conference, and
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1 the Social Services Estimating Conference, and the
2 Transportation Estimating Conference.
3 (2) "Official information" means the data, forecasts,
4 estimates, analyses, studies, and other information which the
5 principals of a consensus estimating conference unanimously
6 adopt for purposes of the state planning and budgeting system.
7 (3) "Consensus" means the unanimous consent of all of
8 the principals of a consensus estimating conference.
9 (3) "State planning and budgeting system" refers to
10 the processes and functions prescribed in chapter 186 and this
11 chapter and ss. 215.32, 215.93, 215.94, and 944.096.
12 Section 15. Section 216.134, Florida Statutes, is
13 amended to read:
14 216.134 Consensus estimating conferences; general
15 provisions.--
16 (1) Each consensus estimating conference shall develop
17 such official information within its area of responsibility as
18 the conference determines, by consensus, is needed for
19 purposes of the state planning and budgeting system. Unless
20 otherwise provided by law or decided by unanimous agreement of
21 the principals of the conference, all official information
22 developed by the conference shall be based on the assumption
23 that current law and current administrative practices will
24 remain in effect throughout the period for which the official
25 information is to be used. The official information developed
26 by each consensus estimating conference shall include
27 forecasts for a period of at least 10 years, unless the
28 principals of the conference unanimously agree otherwise.
29 (2) Whenever an estimating conference is convened, an
30 official estimate does not exist until a new consensus is
31 reached.
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1 (3)(2) The official information developed by the
2 Economic Estimating Conference and the official information
3 developed by the Demographic Estimating Conference shall be
4 used by all other consensus estimating conferences in
5 developing their official information.
6 (4)(3) The membership of each consensus estimating
7 conference consists of principals and participants.
8 (a) A person designated by law as a principal may
9 preside over conference sessions, convene conference sessions,
10 request information, specify topics to be included on the
11 conference agenda, agree or withhold agreement on whether
12 information is to be official information of the conference,
13 release official information of the conference, interpret
14 official information of the conference, and monitor errors in
15 official information of the conference.
16 (b) A participant is any person who is invited to
17 participate in the consensus estimating conference by a
18 principal. A participant shall, at the request of any
19 principal before or during any session of the conference,
20 develop alternative forecasts, collect and supply data,
21 perform analyses, or provide other information needed by the
22 conference. The conference shall consider information provided
23 by participants in developing its official information.
24 (5)(4) All sessions and meetings of a consensus
25 estimating conference shall be open to the public as provided
26 in chapter 286.
27 Section 16. Section 216.136, Florida Statutes, is
28 amended to read:
29 216.136 Consensus estimating conferences; duties and
30 principals.--
31 (1) ECONOMIC ESTIMATING CONFERENCE.--
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1 (a) Duties.--
2 1. The Economic Estimating Conference shall develop
3 such official information with respect to the national and
4 state economies as the conference determines is needed for the
5 state planning and budgeting system. The basic, long-term
6 forecasts which are a part of its official information shall
7 be trend forecasts. However, the conference may include cycle
8 forecasts as a part of its official information if the subject
9 matter of the forecast warrants a cycle forecast and if such
10 forecast is developed in a special impact session of the
11 conference.
12 2. Prior to the submission of the Governor's budget
13 recommendations to the Legislature pursuant to s. 216.162, and
14 again prior to each Regular Session of the Legislature, the
15 Economic Estimating Conference shall evaluate and project the
16 financial condition of the employee group health
17 self-insurance plan. This analysis shall also consider any
18 financial impact of the state's use of health maintenance
19 organizations on the funding of the self-insurance plan. The
20 conference shall indicate whether the current plan premium
21 rates are sufficient to fund projected plan claims and other
22 expenses during the fiscal year.
23 (b) Principals.--The Executive Office of the Governor,
24 the coordinator of the Office of Economic and Demographic
25 Research, and professional staff of the Senate and House of
26 Representatives who have forecasting expertise, or their
27 designees, are the principals of the Economic Estimating
28 Conference. The responsibility of presiding over sessions of
29 the conference shall be rotated among the principals.
30 (2) DEMOGRAPHIC ESTIMATING CONFERENCE.--
31
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1 (a) Duties.--The Demographic Estimating Conference
2 shall develop such official information with respect to the
3 population of the nation and state by age, race, and sex as
4 the conference determines is needed for the state planning and
5 budgeting system. The conference shall use the official
6 population estimates provided under s. 186.901 in developing
7 its official information.
8 (b) Principals.--The Executive Office of the Governor,
9 the coordinator of the Office of Economic and Demographic
10 Research, and professional staff of the Senate and House of
11 Representatives who have forecasting expertise, or their
12 designees, are the principals of the Demographic Estimating
13 Conference. The responsibility of presiding over sessions of
14 the conference shall be rotated among the principals.
15 (3) REVENUE ESTIMATING CONFERENCE.--
16 (a) Duties.--The Revenue Estimating Conference shall
17 develop such official information with respect to anticipated
18 state and local government revenues as the conference
19 determines is needed for the state planning and budgeting
20 system. Any principal may request the conference to review
21 and estimate revenues for any trust fund.
22 (b) Principals.--The Executive Office of the Governor,
23 the coordinator of the Office of Economic and Demographic
24 Research, and professional staff of the Senate and House of
25 Representatives who have forecasting expertise, or their
26 designees, are the principals of the Revenue Estimating
27 Conference. The responsibility of presiding over sessions of
28 the conference shall be rotated among the principals.
29 (4) EDUCATION ESTIMATING CONFERENCE.--
30 (a) Duties.--The Education Estimating Conference shall
31 develop such official information relating to the state public
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1 educational system, including forecasts of student
2 enrollments, the number of students qualified for state
3 financial aid programs and the appropriation required to fund
4 the full award amounts for each program, fixed capital outlay
5 needs, and Florida Education Finance Program formula needs, as
6 the conference determines is needed for the state planning and
7 budgeting system. The conference's initial projections of
8 enrollments in public schools shall be forwarded by the
9 conference to each school district no later than 2 months
10 prior to the start of the regular session of the Legislature.
11 Each school district may, in writing, request adjustments to
12 the initial projections. Any adjustment request shall be
13 submitted to the conference no later than 1 month prior to the
14 start of the regular session of the Legislature and shall be
15 considered by the principals of the conference. A school
16 district may amend its adjustment request, in writing, during
17 the first 3 weeks of the legislative session, and such amended
18 adjustment request shall be considered by the principals of
19 the conference. For any adjustment so requested, the district
20 shall indicate and explain, using definitions adopted by the
21 conference, the components of anticipated enrollment changes
22 that correspond to continuation of current programs with
23 workload changes; program improvement; program reduction or
24 elimination; initiation of new programs; and any other
25 information that may be needed by the Legislature. For public
26 schools, the conference shall submit its full-time equivalent
27 student consensus estimate to the Legislature no later than 1
28 month after the start of the regular session of the
29 Legislature. No conference estimate may be changed without the
30 agreement of the full conference.
31
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1 (b) Adjustments.--No later than 2 months prior to the
2 start of the regular session of the Legislature, the
3 conference shall forward to each eligible postsecondary
4 education institution its initial projections of the number of
5 students qualified for state financial aid programs and the
6 appropriation required to fund those students at the full
7 award amount. Each postsecondary education institution may
8 request, in writing, adjustments to the initial projection.
9 Any adjustment request must be submitted to the conference no
10 later than 1 month prior to the start of the regular session
11 of the Legislature and shall be considered by the principals
12 of the conference. For any adjustment so requested, the
13 postsecondary education institution shall indicate and
14 explain, using definitions adopted by the conference, the
15 components of anticipated changes that correspond to
16 continuation of current programs with enrollment changes,
17 program reduction or elimination, initiation of new programs,
18 award amount increases or decreases, and any other information
19 that is considered by the conference. The conference shall
20 submit its consensus estimate to the Legislature no later than
21 1 month after the start of the regular session of the
22 Legislature. No conference estimate may be changed without the
23 agreement of the full conference.
24 (c) Principals.--The Associate Deputy Commissioner for
25 Educational Management, the Executive Office of the Governor,
26 the coordinator of the Office of Economic and Demographic
27 Research, and professional staff of the Senate and House of
28 Representatives who have forecasting expertise, or their
29 designees, are the principals of the Education Estimating
30 Conference. The Associate Deputy Commissioner for Educational
31
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1 Management or his or her designee shall preside over sessions
2 of the conference.
3 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
4 (a) Duties.--The Criminal Justice Estimating
5 Conference shall develop such official information relating to
6 the criminal justice system, including forecasts of prison
7 admissions by offense categories specified in Rule 3.701,
8 Florida Rules of Criminal Procedure, as the conference
9 determines is needed for the state planning and budgeting
10 system.
11 (b) Principals.--The Executive Office of the Governor,
12 the coordinator of the Office of Economic and Demographic
13 Research, and professional staff, who have forecasting
14 expertise, from the Senate, the House of Representatives, and
15 the Supreme Court, or their designees, are the principals of
16 the Criminal Justice Estimating Conference. The principal
17 representing the Executive Office of the Governor shall
18 preside over sessions of the conference.
19 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.--
20 (a) Duties.--
21 1. The Social Services Estimating Conference shall
22 develop such official information relating to the social
23 services system of the state, including forecasts of social
24 services caseloads, as the conference determines is needed for
25 the state planning and budgeting system. Such official
26 information shall include, but not be limited to, subsidized
27 child care caseloads mandated by the Family Support Act of
28 1988.
29 2. In addition, the Social Services Estimating
30 Conference shall develop estimates and forecasts of the
31 unduplicated count of children eligible for subsidized child
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1 care as defined in s. 402.3015(1). These estimates and
2 forecasts shall not include children enrolled in the
3 prekindergarten early intervention program established in s.
4 230.2305.
5 3. The Department of Children and Family Services and
6 the Department of Education shall provide information on
7 caseloads and waiting lists for the subsidized child care and
8 prekindergarten early intervention programs requested by the
9 Social Services Estimating Conference or individual conference
10 principals, in a timely manner.
11 (b) Principals.--The Executive Office of the Governor,
12 the coordinator of the Office of Economic and Demographic
13 Research, and professional staff, who have forecasting
14 expertise, from the Department of Children and Family
15 Services, the Senate, and the House of Representatives, or
16 their designees, are the principals of the Social Services
17 Estimating Conference. The principal representing the
18 Executive Office of the Governor shall preside over sessions
19 of the conference.
20 (7) TRANSPORTATION ESTIMATING CONFERENCE.--
21 (a) Duties.--The Transportation Estimating Conference
22 shall develop such official budget information relating to
23 transportation planning and budgeting as is determined by the
24 conference principals to be needed for the state planning and
25 budgeting system. This information shall include estimates of
26 transportation cost indices and other budget-related
27 estimates. This conference shall not address estimates of
28 transportation revenues.
29 (b) Principals.--The Executive Office of the Governor,
30 the coordinator of the Office of Economic and Demographic
31 Research, and professional staff with budgeting expertise from
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1 the Department of Transportation, the Senate, and the House of
2 Representatives are the principals of the Transportation
3 Estimating Conference. The principal representing the
4 Executive Office of the Governor shall preside over sessions
5 of the conference.
6 (7)(8) CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
7 (a) Duties.--The Child Welfare System Estimating
8 Conference shall develop such official information relating to
9 the child welfare system of the state, including forecasts of
10 child welfare caseloads, as the conference determines is
11 needed for the state planning and budgeting system. Such
12 official information may include, but is not limited to:
13 1. Estimates and projections of the number of initial
14 and additional reports of child abuse, abandonment, or neglect
15 made to the central abuse hotline maintained by the Department
16 of Children and Family Services as established in s.
17 39.201(4). Projections may take into account other factors
18 that may influence the number of future reports to the abuse
19 hotline.
20 2. Estimates and projections of the number of children
21 who are alleged to be victims of child abuse, abandonment, or
22 neglect and are in need of emergency shelter, foster care,
23 residential group care, adoptive services, or other
24 appropriate care.
25
26 In addition, the conference shall develop other official
27 information relating to the child welfare system of the state
28 which the conference determines is needed for the state
29 planning and budgeting system. The Department of Children and
30 Family Services shall provide information on the child welfare
31 system requested by the Child Welfare System Estimating
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1 Conference, or individual conference principals, in a timely
2 manner.
3 (b) Principals.--The Executive Office of the Governor,
4 the coordinator of the Office of Economic and Demographic
5 Research, and professional staff who have forecasting
6 expertise from the Department of Children and Family Services,
7 the Senate, and the House of Representatives, or their
8 designees, are the principals of the Child Welfare System
9 Estimating Conference. The principal representing the
10 Executive Office of the Governor shall preside over sessions
11 of the conference.
12 (8)(9) JUVENILE JUSTICE ESTIMATING CONFERENCE.--
13 (a) Duties.--The Juvenile Justice Estimating
14 Conference shall develop such official information relating to
15 the juvenile justice system of the state as is determined by
16 the conference principals to be needed for the state planning
17 and budgeting system. This information shall include, but is
18 not limited to: estimates of juvenile delinquency caseloads
19 and workloads; estimates for secure, nonsecure, and home
20 juvenile detention placements; estimates of workloads in the
21 juvenile sections in the offices of the state attorneys and
22 public defenders; estimates of mental health and substance
23 abuse treatment relating to juveniles; and such other
24 information as is determined by the conference principals to
25 be needed for the state planning and budgeting system.
26 (b) Principals.--The Executive Office of the Governor,
27 the Office of Economic and Demographic Research, and
28 professional staff who have forecasting expertise from the
29 Department of Juvenile Justice, the Department of Children and
30 Family Services Alcohol, Drug Abuse, and Mental Health Program
31 Office, the Department of Law Enforcement, the Senate
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1 Appropriations Committee staff, the House of Representatives
2 Appropriations Committee staff, or their designees, are the
3 principals of the Juvenile Justice Estimating Conference. The
4 responsibility of presiding over sessions of the conference
5 shall be rotated among the principals. To facilitate policy
6 and legislative recommendations, the conference may call upon
7 professional staff of the Juvenile Justice Accountability
8 Board and appropriate legislative staff.
9 (9)(10) OCCUPATIONAL FORECASTING CONFERENCE.--
10 (a) Duties.--The Occupational Forecasting Conference
11 shall develop such official information on the workforce
12 development system planning process as it relates to the
13 personnel needs of current, new, and emerging industries as
14 the conference determines is needed by the state planning and
15 budgeting system. Such information must include at least:
16 short-term and long-term forecasts of employment demand for
17 high-skills/high-wage jobs by occupation and industry;
18 relative wage forecasts among those occupations; and estimates
19 of the supply of trained and qualified individuals available
20 for employment in those occupations.
21 (b) Principals.--The Commissioner of Education, the
22 Executive Office of the Governor, the director of the Office
23 of Tourism, Trade, and Economic Development, the Secretary of
24 Labor, and the coordinator of the Office of Economic and
25 Demographic Research, or their designees, are the principals
26 of the Occupational Forecasting Conference. The Commissioner
27 of Education, or the commissioner's designee, shall preside
28 over the sessions of the conference.
29 (10)(11) SCHOOL READINESS PROGRAM ESTIMATING
30 CONFERENCE.--
31 (a) Duties.--
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1 1. The School Readiness Program Estimating Conference
2 shall develop such estimates and forecasts of the number of
3 individuals eligible for school readiness programs in
4 accordance with the standards of eligibility established by
5 state or federal statute or administrative rule as the
6 conference determines are needed to support the state
7 planning, budgeting, and appropriations processes.
8 2. In addition, the School Readiness Program
9 Estimating Conference shall estimate the unduplicated count of
10 children who are eligible for services under the school
11 readiness program.
12 3. The Florida Partnership for School Readiness shall
13 provide information on needs and waiting lists for school
14 readiness program services requested by the School Readiness
15 Program Estimating Conference or individual conference
16 principals in a timely manner.
17 (b) Principals.--The Executive Office of the Governor,
18 the Director of Economic and Demographic Research, and
19 professional staff who have forecasting expertise from the
20 Florida Partnership for School Readiness, the Department of
21 Children and Family Services, the Department of Education, the
22 Senate, and the House of Representatives, or their designees,
23 are the principals of the School Readiness Program Estimating
24 Conference. The principal representing the Executive Office of
25 the Governor shall preside over sessions of the conference.
26 (11) SELF-INSURANCE ESTIMATING CONFERENCE.--
27 (a) Duties.--The Self-Insurance Estimating Conference
28 shall develop such official information on self-insurance
29 related issues as the conference determines is needed by the
30 state planning and budgeting system.
31
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1 (b) Principals.--The Executive Office of the Governor,
2 the coordinator of the Office of Economic and Demographic
3 Research, and staff directors of the committees of the Senate
4 and the House of Representatives which have primary
5 responsibility for legislation dealing with taxation, or their
6 designees, are the principals of the Self-Insurance Estimating
7 Conference. The responsibility of presiding over sessions of
8 the conference shall be rotated among the principals.
9 (12) FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
10 CONFERENCE.--
11 (a) Duties.--The Florida Retirement System Actuarial
12 Assumption Conference shall develop official information with
13 respect to the economic and noneconomic assumptions and
14 funding methods of the Florida Retirement System necessary to
15 perform the system actuarial study undertaken pursuant to s.
16 121.031(3). Such information shall include: an analysis of
17 the actuarial assumptions and actuarial methods used in the
18 study and a determination of whether changes to the
19 assumptions or methods need to be made due to experience
20 changes or revised future forecasts.
21 (b) Principals.--The Executive Office of the Governor,
22 the coordinator of the Office of Economic and Demographic
23 Research, and professional staff of the Senate and House of
24 Representatives who have forecasting expertise, or their
25 designees, are the principals of the Florida Retirement System
26 Actuarial Assumption Conference. The Executive Office of the
27 Governor shall have the responsibility of presiding over the
28 sessions of the conference. The State Board of Administration
29 and the Division of Retirement shall be participants in the
30 conference.
31
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1 Section 17. Subsection (1) of section 216.141, Florida
2 Statutes, is amended to read:
3 216.141 Budget system procedures; planning and
4 programming by state agencies.--
5 (1) The Executive Office of the Governor, in
6 consultation with the appropriations committees of the Senate
7 and House of Representatives, and by utilizing the Florida
8 Financial Management Information System management data and
9 the Comptroller's chart of accounts, shall prescribe a
10 planning and budgeting system, pursuant to s. 215.94(1), to
11 provide for continuous planning and programming and for
12 effective management practices for the efficient operations of
13 all state agencies and the judicial branch. However, the
14 planning and budgeting system shall be limited to the
15 processing of information related to ss. 216.023, 216.0235,
16 216.031, 216.043, 216.121, 216.181, 216.182, and 216.192 and
17 those applications relating to part I of chapter 23 and part I
18 of chapter 252 which are funded by the Legislature. The
19 Legislature Executive Office of the Governor may contract with
20 the Executive Office of the Governor Legislature to develop
21 the planning and budgeting system and to provide services to
22 the Legislature for the support and use of the legislative
23 appropriations system. The contract shall include the
24 policies and procedures for combining the legislative
25 appropriations system with the planning and budgeting
26 information system established pursuant to s. 215.94(1). At a
27 minimum, the contract shall require the use of common data
28 codes. The combined legislative appropriations and planning
29 and budgeting information subsystem shall support the
30 legislative appropriations and legislative oversight functions
31 without data code conversion or modification.
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1 Section 18. Subsections (1) and (2) of section
2 216.151, Florida Statutes, are amended to read:
3 216.151 Duties of the Executive Office of the
4 Governor.--It shall be the duty of the Executive Office of the
5 Governor to:
6 (1) Make a detailed study, as necessary, of each of
7 the several state agencies, with a view toward ascertaining
8 and determining the needs thereof; whether changes should be
9 made in existing organizations, their activities and methods
10 of operation; what appropriation should be made therefor;
11 whether the operations and activities of different agencies or
12 within the same agencies should be combined, consolidated, or
13 integrated or should be regrouped and rearranged, all to the
14 end of securing greater economy without sacrificing efficiency
15 in the operations of such agencies. In order to accomplish
16 this type of study, the Executive Office of the Governor may
17 request any or all agencies to submit a budget plan with
18 respect to targets established by the Governor. Such a
19 request shall not influence the agencies' independent
20 judgments in making agency legislative budget requests, as
21 required by law.
22 (2) Prepare an analysis of the agency legislative
23 budget requests submitted by state agencies and the judicial
24 branch covering their respective operational and fixed capital
25 outlay requirements.
26 Section 19. Subsection (1) of section 216.162, Florida
27 Statutes, is amended to read:
28 216.162 Governor's recommended budget to be furnished
29 Legislature; copies to members.--
30 (1) At least 45 days before the scheduled annual
31 legislative session in each odd-numbered year, the Governor
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1 shall furnish each senator and representative a copy of his or
2 her recommended balanced budget for the state, based on the
3 Governor's own conclusions and judgment; provided, however,
4 that in his or her first year in office a new Governor may
5 request, subject to approval of the President of the Senate
6 and the Speaker of the House of Representatives, that his or
7 her recommended balanced budget be submitted at a later time
8 prior to the Governor's first regular legislative session.
9 Section 20. Section 216.163, Florida Statutes, is
10 amended to read:
11 216.163 Governor's recommended budget; form and
12 content; declaration of collective bargaining impasses.--
13 (1) The Governor's recommended budget shall be
14 referenced to the agency legislative budget requests
15 prescribed in ss. 216.023 216.031 and 216.043 and shall be
16 consistent with the format of the current fiscal year General
17 Appropriations Act or shall be distinctly separated into four
18 sections. If separated into four sections, Section One of the
19 budget shall be entitled "Operations"; Section Two shall be
20 entitled "Revenue Sharing, Distributions and Transfers";
21 Section Three shall be entitled "Fixed Capital Outlay"; and
22 Section Four shall be entitled "Debt Service."
23 (2) The Governor's recommended budget shall also
24 include:
25 (a) The Governor's recommendations for operating each
26 state agency, and those of the Chief Justice of the Supreme
27 Court for operating the judicial branch, for the next fiscal
28 year. These recommendations shall be displayed by
29 appropriation category within each budget entity, with detail
30 by program component within each budget entity, and shall also
31 include the agency legislative budget request of the
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1 corresponding agency and community budget requests related to
2 each agency.
3 (b)1. The Governor's recommendations and those of the
4 Chief Justice for fixed capital outlay appropriations for the
5 next fiscal year. These recommendations shall be displayed by
6 budget entity and shall also include the agency legislative
7 budget request of the corresponding agency.
8 2. For each specific fixed capital outlay project or
9 group of projects or operating capital outlay requests
10 recommended to be funded from a proposed state debt or
11 obligation, he or she shall make available pursuant to s.
12 216.164(1)(a) the documents set forth in s. 216.0442(2).
13 (c) The evaluation of the fixed capital outlay request
14 of each agency and the judicial branch and alternatives to the
15 proposed projects as made by the Department of Management
16 Services pursuant to s. 216.044.
17 (d) A summary statement of the amount of
18 appropriations requested by each state agency and as
19 recommended by the Governor and by the judicial branch.
20 (e) A distinct listing of all nonrecurring
21 appropriations recommended by the Governor or the Chief
22 Justice.
23 (f) A listing of the general policies used to
24 calculate the amounts required for salaries, other personal
25 services, expenses, operating capital outlay, electronic data
26 processing, and food products recommended by the Governor or
27 the Chief Justice.
28 (g) Explanations and justification, expressed in terms
29 of program-effectiveness measures, program-efficiency
30 measures, workload, productivity adjustments, staffing
31 standards, and any other criteria needed to evaluate the
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1 delivery of governmental services and to explain the
2 Governor's recommendations or the Chief Justice's
3 recommendations, and such other supporting schedules and
4 exhibits as may be determined by the Governor or the Chief
5 Justice.
6 (h) With respect to the Department of Transportation,
7 a reconciliation of the Governor's recommendations for the
8 funding of the agency budget and tentative work program with
9 the budget and tentative work program submitted by the
10 department pursuant to s. 339.135 by project, by project
11 phase, by department district, and by appropriation category.
12 (f)(i) The Governor's recommendations for critical
13 information resource management projects which should be
14 subject to special monitoring under s. 282.322. These
15 recommendations shall include proviso language which specifies
16 whether funds are specifically provided to contract for
17 project monitoring, or whether the Auditor General will
18 conduct such project monitoring. When funds are recommended
19 for contracting with a project monitor, such funds may equal 1
20 percent to 5 percent of the project's estimated total costs.
21 These funds shall be specifically appropriated and
22 nonrecurring.
23 (g)(j) Any additional information which the Governor
24 or Chief Justice feels is needed to justify his or her
25 recommendations.
26 (3) The Governor shall provide to the Legislature a
27 performance-based program budget for approved programs
28 according to the schedule provided in s. 216.0172. Information
29 submitted to the Legislature shall be provided in a fashion
30 that will allow comparison of the requested information with
31 the agency request and legislative appropriation by the
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1 automated legislative appropriation planning and budgeting
2 system.
3 (4) The Executive Office of the Governor shall review
4 the evaluation report required by s. 216.031(10) and the
5 findings of the Office of Program Policy Analysis and
6 Government Accountability, to the extent they are available,
7 request any reports or additional analyses as necessary, and
8 submit a recommendation, which may include a recommendation
9 regarding incentives or disincentives for agency performance.
10 Incentives or disincentives may apply to all or part of a
11 state agency.
12 (a) Incentives may include, but are not limited to:
13 1. Additional flexibility in budget management, such
14 as, but not limited to, the use of lump sums or, special
15 categories, or performance-based program appropriation;
16 consolidation of budget entities or program components;
17 consolidation of appropriation categories; and increased
18 agency transfer authority between appropriation categories or
19 budget entities.
20 2. Additional flexibility in salary rate and position
21 management.
22 3. Retention of up to 50 percent of all unencumbered
23 balances of appropriations as of June 30, or undisbursed
24 balances as of December 31, excluding special categories and
25 grants and aids, which may be used for nonrecurring purposes
26 including, but not limited to, lump-sum bonuses, employee
27 training, or productivity enhancements, including technology
28 and other improvements.
29 4. Additional funds to be used for, but not limited
30 to, lump-sum bonuses, employee training, or productivity
31 enhancements, including technology and other improvements.
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1 5. Additional funds provided pursuant to law to be
2 released to an agency quarterly or incrementally contingent
3 upon the accomplishment of units of output or outcome
4 specified in the General Appropriations Act.
5 (b) Disincentives may include, but are not limited to:
6 1. Mandatory quarterly reports to the Executive Office
7 of the Governor and the Legislature on the agency's progress
8 in meeting performance standards.
9 2. Mandatory quarterly appearances before the
10 Legislature, the Governor, or the Governor and Cabinet to
11 report on the agency's progress in meeting performance
12 standards.
13 3. Elimination or restructuring of the program, which
14 may include, but not be limited to, transfer of the program or
15 outsourcing all or a portion of the program.
16 4. Reduction of total positions for a program.
17 5. Restriction on or reduction of the spending
18 authority provided in s. 216.292(2) and (4).
19 6. Reduction of managerial salaries.
20 (5) At the same time that the Governor furnishes each
21 senator and representative with a copy of his or her
22 recommended balanced budget under s. 216.162(1), the Executive
23 Office of the Governor shall electronically transmit to the
24 legislative appropriations committees the Governor's
25 recommended budget, the Exhibit B, Major Issues, and D-3a's.
26 (6) At the time the Governor is required to furnish
27 copies of his or her recommended budget to each senator and
28 representative under s. 216.162(1), the Governor shall declare
29 an impasse in all collective bargaining negotiations for which
30 he or she is deemed to be the public employer and for which a
31 collective bargaining agreement has not been executed. Within
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1 14 days thereafter, the Governor shall furnish the legislative
2 appropriations committees with documentation relating to the
3 last offer he or she made during such collective bargaining
4 negotiations or recommended to a mediator or special master
5 appointed to resolve the impasse.
6 Section 21. Subsections (1) and (2) of section
7 216.177, Florida Statutes, are amended to read:
8 216.177 Appropriations acts, statement of intent,
9 violation, notice, review and objection procedures.--
10 (1) When an appropriations act is delivered to the
11 Governor after the Legislature has adjourned sine die, as soon
12 as practicable, but no later than the 10th day before the end
13 of the period allowed by law for veto consideration in any
14 year in which an appropriation is made, the chairs of the
15 legislative appropriations committees shall jointly transmit:
16 (a) A statement of intent, including performance and
17 workload measures as appropriate;
18 (a)(b) The official list of General Revenue Fund
19 appropriations determined in consultation with the Executive
20 Office of the Governor to be nonrecurring; and
21 (b)(c) The documents set forth in s. 216.0442(2)(a)
22 and (c),
23
24 to the Executive Office of the Governor, the Comptroller, the
25 Auditor General, the Chief Justice of the Supreme Court, and
26 each state agency. The statement of intent constitutes a
27 manifestation of how the Legislature, in its considered
28 opinion as a representative of the people, thinks
29 appropriations should be spent. The statement of intent is
30 not a law and may not allocate or appropriate any funds, or
31 amend or correct any provision, in the General Appropriations
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1 Act, but the statement of intent may provide additional
2 explanation to the Executive Office of the Governor, the
3 judicial branch, the Administration Commission, and each
4 affected state agency relative to the purpose, objectives,
5 spending philosophy, and restrictions associated with any
6 specific appropriation. The statement of intent shall compare
7 the request of the agency or of the judicial branch or the
8 recommendation of the Governor to the funds appropriated for
9 the purpose of establishing intent in the development of the
10 approved operating budget. A request for additional
11 explanation and direction regarding the legislative intent of
12 the General Appropriations Act during the fiscal year may be
13 made only by and through the Executive Office of the Governor
14 for state agencies, and by and through the Chief Justice of
15 the Supreme Court for the judicial branch, as is deemed
16 necessary. However, the Comptroller may also request further
17 clarification of legislative intent pursuant to the
18 Comptroller's responsibilities related to his or her preaudit
19 function of expenditures.
20 (2)(a) Whenever notice of action to be taken by the
21 Executive Office of the Governor or, the Chief Justice of the
22 Supreme Court, or the commission is required by this chapter,
23 such notice shall be given to the chair of the Legislative
24 Budget Commission chairs of the legislative appropriations
25 committees in writing, and shall be delivered to both such
26 chairs at least 14 consecutive days prior to the action
27 referred to, unless a shorter period is approved in writing by
28 the chair both such chairs. If the action is solely for the
29 release of funds appropriated by the Legislature, the notice
30 shall be delivered at least 3 days before the effective date
31 of the action. Action shall not be taken on any budget item
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1 for which this chapter requires notice to the Legislative
2 Budget Commission appropriations committees without such
3 notice having been provided, even though there may be good
4 cause for considering such item.
5 (b) If the chair of the Legislative Budget Commission
6 chairs of the legislative appropriations committees or the
7 President of the Senate and the Speaker of the House of
8 Representatives timely advise, in writing, the Executive
9 Office of the Governor or, the Chief Justice of the Supreme
10 Court, or the Administration Commission that an action or a
11 proposed action subject to the notice and review requirements
12 of this chapter exceeds the delegated authority of the
13 Executive Office of the Governor for the executive branch or,
14 the Chief Justice for the judicial branch, or the
15 Administration Commission, respectively, or is contrary to
16 legislative policy and intent, the Governor or, the Chief
17 Justice of the Supreme Court, or the Administration Commission
18 shall void such action and instruct the affected state agency
19 or entity of the judicial branch to change immediately its
20 spending action or spending proposal until the Legislature
21 addresses the issue. The written documentation shall indicate
22 the specific reasons that an action or proposed action exceeds
23 the delegated authority or is contrary to legislative policy
24 and intent.
25 (c) The House of Representatives and the Senate shall
26 provide by rule that any member of the House of
27 Representatives or Senate may request, in writing, of either
28 the President of the Senate or the Speaker of the House of
29 Representatives or the chair of the respective Legislative
30 Budget Commission appropriations committee to initiate the
31 procedures of paragraph (b).
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1 Section 22. Section 216.178, Florida Statutes, is
2 amended to read:
3 216.178 General Appropriations Act; format; procedure;
4 cost statement for new debt or obligation.--
5 (1) Any information contained in a conference
6 committee report on a general or supplemental appropriations
7 bill, on any other bill adopted by the same conference
8 committee to implement a general or supplemental
9 appropriations bill and effective for the same period as such
10 appropriations bill, or on a revenue bill during any regular
11 or special legislative session must be made available to the
12 members of the Legislature and to the public at least 72 48
13 hours before the report may be voted on by the Senate or the
14 House of Representatives.
15 (2) Effective June 30, 1993, The Office of Planning
16 and Budgeting shall develop a final budget report that
17 reflects the net appropriations for each budget item. The
18 report shall reflect actual expenditures for each of the 2
19 preceding fiscal years and the estimated expenditures for the
20 current fiscal year. In addition, the report must contain the
21 actual revenues and cash balances for the preceding 2 fiscal
22 years and the estimated revenues and cash balances for the
23 current fiscal year. The report may also contain expenditure
24 data, program objectives, and program measures for each state
25 agency program. The report must be produced by October 15 each
26 year. A copy of the report must be made available to each
27 member of the Legislature, to the head of each state agency,
28 to the Auditor General, and to the public.
29 (3) The Governor shall submit to the Secretary of
30 State, along with the signed General Appropriations Act, a
31 statement which sets forth the estimated cost of each new
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1 proposed state debt or obligation contained in the act. Each
2 statement shall be written in substantially the following
3 form:
4
5 The General Appropriations Act for fiscal year
6 ...(insert years)... authorizes the issuance of $ ...(insert
7 principal)... of debt or obligation at a forecasted interest
8 rate of ...(insert rate of interest).... The total interest
9 paid over the life of this debt or obligation will be $
10 ...(insert sum of interest payments).... Additionally, it is
11 estimated that the 5-year operational costs associated with
12 those capital outlay projects to be funded by the incurrence
13 of this debt or obligation will be $ ...(insert costs)....
14 Section 23. Section 216.179, Florida Statutes, is
15 amended to read:
16 216.179 Reinstatement of vetoed appropriations by
17 administrative means prohibited.--After the Governor has
18 vetoed a specific appropriation for an agency or the judicial
19 branch, neither the Governor, the Administration Commission,
20 nor the Chief Justice of the Supreme Court, nor a state
21 agency, in their various statutory and constitutional roles,
22 may authorize expenditures for or implementation in any manner
23 of the programs that were authorized by the vetoed
24 appropriation.
25 Section 24. Section 216.181, Florida Statutes, is
26 amended to read:
27 216.181 Approved budgets for operations and fixed
28 capital outlay.--
29 (1) The General Appropriations Act and any other acts
30 containing appropriations shall be considered the original
31 approved operating budgets for operational and fixed capital
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1 expenditures. Amendments to the approved operating budgets for
2 operational and fixed capital outlay expenditures from state
3 agencies may be requested only through the Executive Office of
4 the Governor and approved by the Governor or Administration
5 Commission as provided in this chapter. Amendments from the
6 judicial branch may be requested only through, and approved
7 by, the Chief Justice of the Supreme Court. This includes
8 amendments which are necessary to implement the provisions of
9 s. 216.212 or s. 216.221.
10 (2) Amendments to the original approved operating
11 budgets for operational and fixed capital outlay expenditures
12 must comply with the following guidelines in order to be
13 approved by the Governor or Administration Commission as
14 provided in this chapter for the executive branch and the
15 Chief Justice for the judicial branch:
16 (a) The amendment must be consistent with legislative
17 policy and intent.
18 (b) The amendment may not initiate or commence a new
19 program, except as authorized by this chapter, or eliminate an
20 existing program.
21 (c) Except as authorized in s. 216.292 or other
22 provisions of this chapter, the amendment may not provide
23 funding or increased funding for items which were funded by
24 the Legislature in an amount less than that requested by the
25 agency or Governor in the legislative budget request or which
26 were vetoed by the Governor.
27 (d) For amendments that involve trust funds, there
28 must be adequate and appropriate revenues available in the
29 trust fund and the amendment must be consistent with the laws
30 authorizing such trust funds and the laws relating to the use
31 of the trust funds. However, a trust fund shall not be
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1 increased in excess of the original approved budget, except as
2 provided in subsection (11).
3 (e) The amendment shall not conflict with any
4 provision of law.
5 (f) The amendment must not provide funding for any
6 issue which was requested by the agency or branch in their
7 agency legislative budget request and not funded in the
8 General Appropriations Act.
9 (g) The amendment must include a written description
10 of the purpose of the proposed change, an indication of why
11 interim budget action is necessary, and the intended recipient
12 of any funds for contracted services.
13 (h) The amendment must not provide general salary
14 increases which the Legislature has not authorized in the
15 General Appropriations Act or other laws.
16 (3) All amendments to original approved operating
17 budgets, regardless of funding source, are subject to the
18 notice and review procedures set forth in s. 216.177.
19 (4) To the extent possible, individual members of the
20 Senate and the House of Representatives should be advised of
21 budget amendments requested by the executive branch.
22 (5)(4) An All amendments to the original approved
23 operating budgets, regardless of funding source, are subject
24 to the notice and review procedures set forth in s. 216.177
25 and must be approved by the Governor and Administration
26 Commission as provided in this chapter for the executive
27 branch and the Chief Justice for the judicial branch if the
28 amendment is for an information resources management project
29 or initiative that involves more than one agency, has an
30 outcome that impacts another agency, or exceeds $500,000 in
31 total cost over a 1-year period, except for those projects
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1 that are a continuation of hardware or software maintenance or
2 software licensing agreements, or that are for desktop
3 replacement that is similar to the technology currently in use
4 must be reviewed by the Technology Review Workgroup pursuant
5 to s. 216.0466 and approved by the Executive Office of the
6 Governor for the executive branch or by the Chief Justice for
7 the judicial branch, and shall be subject to the notice and
8 review procedures set forth in s. 216.177.
9 (6)(5)(a) The Executive Office of the Governor or the
10 Chief Justice of the Supreme Court may require the submission
11 of a detailed plan from the agency or entity of the judicial
12 branch affected, consistent with the General Appropriations
13 Act, special appropriations acts, and the statement of intent
14 before transferring and releasing the balance of a lump-sum
15 appropriation. The provisions of this paragraph are subject to
16 the notice and review procedures set forth in s. 216.177.
17 (b) The Executive Office of the Governor may amend,
18 without approval of the Legislative Budget Administration
19 Commission, state agency budgets to reflect the transferred
20 funds based on the approved plans for lump-sum appropriations.
21
22 The Executive Office of the Governor shall transmit to each
23 state agency and the Comptroller, and the Chief Justice shall
24 transmit to each judicial branch component and the
25 Comptroller, any approved amendments to the approved operating
26 budgets.
27 (7)(6) The Executive Office of the Governor may, for
28 the purpose of improved contract administration, authorize the
29 consolidation of two or more fixed capital outlay
30 appropriations for an agency, and the Chief Justice of the
31 Supreme Court for the judicial branch, except for projects
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1 authorized under chapter 235, provided the original scope and
2 purpose of each project are not changed.
3 (7) The original approved annual salary rate for the
4 Division of Administrative Hearings shall be as set forth in
5 the General Appropriations Act. This rate may be adjusted by
6 the Executive Office of the Governor subject to the provisions
7 of s. 120.65(2).
8 (8) As part of the approved operating budget, the
9 Executive Office of the Governor shall furnish to each state
10 agency, and the Chief Justice of the Supreme Court shall
11 furnish to the entity of the judicial branch, an approved
12 annual salary rate for each budget entity containing a salary
13 appropriation. This rate shall be based upon the actual salary
14 rate and shall be consistent with the General Appropriations
15 Act or special appropriations acts. The annual salary rate
16 shall be:
17 (a) Calculated based on the actual salary rate in
18 effect on June 30, and the salary policy and the number of
19 authorized positions as specified in the General
20 Appropriations Act and special appropriations acts, or as
21 provided pursuant to s. 216.177.
22 (b) Controlled by department or agency; except for the
23 Department of Education, which shall be controlled by division
24 budget entity.
25 (c) Assigned to the number of authorized positions,
26 which may not be transferred between budget entities unless
27 the associated positions are also transferred pursuant to s.
28 216.262(1)(c).
29 (9)(a) The calculation for the annual salary rate for
30 vacant and newly authorized positions shall be at no more than
31
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1 the midpoint of the range of the pay grade for the position or
2 as provided in the General Appropriations Act.
3 (b) No agency or the judicial branch may exceed its
4 maximum approved annual salary rate for the fiscal year.
5 However, at any time during the fiscal year, an agency or
6 entity of the judicial branch may exceed its approved rate for
7 all budget entities by no more than 5 percent, provided that,
8 by June 30 of every fiscal year, the agency or entity of the
9 judicial branch has reduced its salary rate so that the salary
10 rate for each budget entity is within the approved rate limit
11 for that budget entity.
12 (10)(a) The Executive Office of the Governor and the
13 Chief Justice of the Supreme Court may increase or decrease
14 the approved salary rate for positions for the purpose of
15 implementing the General Appropriations Act, special
16 appropriations acts, and actions pursuant to s. 216.262 other
17 adjustments if they are deemed to be necessary and in the best
18 interest of the state and consistent with legislative intent
19 and policy. The provisions of this paragraph are subject to
20 the notice and review procedures set forth in s. 216.177.
21 (b) Lump-sum salary bonuses may be provided only if
22 specifically appropriated.
23 (11) The Executive Office of the Governor may approve
24 transfers of appropriations in the General Appropriations Act
25 within any state trust fund of an agency, and the Chief
26 Justice of the Supreme Court may approve such transfers for
27 the judicial branch. The Governor and the Chief Justice of
28 the Supreme Court may establish nonoperating budgets if deemed
29 necessary and in the best interest of the state and consistent
30 with legislative intent and policy. The Executive Office of
31 the Governor and the Chief Justice of the Supreme Court may
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1 approve changes in the amounts appropriated from state trust
2 funds in excess of those in the approved operating budget only
3 pursuant to the federal funds provisions of s. 216.212, when
4 grants and donations are received after April 1, or when
5 deemed necessary due to a set of conditions that were
6 unforeseen at the time the General Appropriations Act was
7 adopted and that are essential to correct in order to continue
8 the operation of government. The provisions of this subsection
9 are subject to the notice, review, and objection procedures
10 set forth in s. 216.177.
11 (12) There is appropriated nonoperating budget for
12 refunds, payments to the U.S. Treasury, payments of the
13 service charge to the General Revenue Fund, and transfers of
14 funds specifically required by law. Such authorized budget,
15 together with related releases, shall be transmitted by the
16 state agency or by the judicial branch to the Comptroller for
17 entry in the Comptroller's records in the manner and format
18 prescribed by the Executive Office of the Governor in
19 consultation with the Comptroller. A copy of such authorized
20 budgets shall be furnished to the Executive Office of the
21 Governor or the Chief Justice, the chairs of the legislative
22 committees responsible for developing the general
23 appropriations acts, and the Auditor General. The Governor may
24 withhold approval of nonoperating investment authority for
25 certain trust funds when deemed in the best interest of the
26 state. The Governor for the executive branch, and the Chief
27 Justice for the judicial branch, may establish nonoperating
28 budgets for transfers, purchase of investments, special
29 expenses, distributions, and any other nonoperating budget
30 categories they deem necessary and in the best interest of the
31 state and consistent with legislative intent and policy. The
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1 provisions of this subsection are subject to the notice,
2 review, and objection procedures set forth in s. 216.177. For
3 purposes of this section, the term "nonoperating budgets"
4 means nonoperating disbursement authority for purchase of
5 investments, refunds, payments to the U.S. Treasury, transfers
6 of funds specifically required by law, distributions of assets
7 held by the state in a trustee capacity as an agent of
8 fiduciary, special expenses, and other nonoperating budget
9 categories as determined necessary by the Executive Office of
10 the Governor, not otherwise appropriated in the General
11 Appropriations Act.
12 (13)(12) Each state agency and the judicial branch
13 shall develop the internal management procedures and budgets
14 necessary to assure compliance with the approved operating
15 budget.
16 (14)(13) The Executive Office of the Governor and the
17 Chief Justice of the Supreme Court shall certify the amounts
18 approved for operations and fixed capital outlay, together
19 with any relevant supplementary materials or information, to
20 the Comptroller; and such certification shall be the
21 Comptroller's guide with reference to the expenditures of each
22 state agency pursuant to s. 216.192.
23 (15)(14) The provisions of this section do not apply
24 to the budgets for the legislative branch.
25 (16)(15)(a) Funds provided in any specific
26 appropriation in the General Appropriations Act may be
27 advanced if the General Appropriations Act specifically so
28 provides.
29 (b) Any agency, or the judicial branch, that has been
30 authorized by the General Appropriations Act or expressly
31 authorized by other law to make advances for program startup
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1 or advances for contracted services, in total or periodically,
2 shall limit such disbursements to other governmental entities
3 and not-for-profit corporations. The amount which may be
4 advanced shall not exceed the expected cash needs of the
5 contractor or recipient within the initial 3 months.
6 Thereafter, disbursements shall only be made on a
7 reimbursement basis. Any agreement that provides for
8 advancements may contain a clause that permits the contractor
9 or recipient to temporarily invest the proceeds, provided that
10 any interest income shall either be returned to the agency or
11 be applied against the agency's obligation to pay the contract
12 amount. This paragraph does not constitute lawful authority
13 to make any advance payment not otherwise authorized by laws
14 relating to a particular agency or general laws relating to
15 the expenditure or disbursement of public funds. The
16 Comptroller may, after consultation with the legislative
17 appropriations committees, advance funds beyond a 3-month
18 requirement waive the requirements of this paragraph which
19 apply to advances if it is determined to be consistent with
20 the intent of the approved operating budget.
21 (c) For the 1999-2000 fiscal year only, funds
22 appropriated to the Department of Children and Family Services
23 in Specific Appropriations 292 through 425 and the Department
24 of Health in Specific Appropriations 445 through 540 of the
25 1999-2000 General Appropriations Act may be advanced, unless
26 specifically prohibited in such General Appropriations Act,
27 for those contracted services that were approved for
28 advancement by the Comptroller in fiscal year 1993-1994,
29 including those services contracted on a fixed-price or unit
30 cost basis. This paragraph is repealed on July 1, 2000.
31
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1 (16) Notwithstanding any provision of this section to
2 the contrary and for the 1999-2000 fiscal year only, the
3 Department of Children and Family Services is authorized to
4 use operating funds budgeted for Developmental Services
5 Institutions for fixed capital outlay expenditures as needed
6 to bring any currently unlicensed beds up to Federal
7 Intermediate Care Facility for the Developmentally Disabled
8 licensure standards. This subsection is repealed on July 1,
9 2000.
10 (17) Notwithstanding any other provision of this
11 section to the contrary, and for the 1999-2000 fiscal year
12 only, the Florida Department of Law Enforcement may transfer
13 up to 20 positions and associated budget between budget
14 entities, provided the same funding source is used throughout
15 each transfer. The department may also transfer up to 10
16 percent of the initial approved salary rate between budget
17 entities, provided the same funding source is used throughout
18 each transfer. The department must provide notice to the
19 Executive Office of the Governor, the chair of the Senate
20 Budget Committee, and the chair of the House Committee on
21 Criminal Justice Appropriations for all transfers of positions
22 or salary rate. This subsection is repealed on July 1, 2000.
23 (18) Notwithstanding any other provision of this
24 chapter to the contrary, the Florida Department of
25 Transportation, in order to facilitate the transfer of
26 personnel to the new turnpike headquarters location in Orange
27 County, may transfer salary rate to the turnpike budget entity
28 from other departmental budget entities. The department must
29 provide documentation of all transfers to the Executive Office
30 of the Governor, the Chairman of the Senate Budget Committee,
31 and the Chairman of the House of Representatives Committee on
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1 Transportation and Economic Development Appropriations. This
2 subsection expires July 1, 2000.
3 Section 25. Section 216.1825, Florida Statutes, is
4 created to read:
5 216.1825 Zero-based budgeting.--
6 (1) Beginning July 1, 2000, and continuing thereafter,
7 the Legislative Budget Commission shall apply zero-based
8 budgeting principles in reviewing the budget of each state
9 agency at least once every 8 years.
10 (2) No later than July 1 of each year, the commission
11 shall issue instructions to the agencies whose budgets are to
12 be reviewed prior to the next legislative session. Dates of
13 submission for information required by the commission will be
14 included in the instructions.
15 (3) The commission shall provide its reports of
16 zero-based budgeting reviews to the President of the Senate
17 and the Speaker of the House of Representatives on or before
18 December 31.
19 (4) For fiscal year 2001-2002, budgets of the
20 Department of Revenue and the Department of Law Enforcement
21 shall be the subject of zero-based budgeting review by the
22 commission. The commission shall, by February 1, 2001, provide
23 to the President of the Senate and the Speaker of the House of
24 Representatives, a schedule for completing zero-based
25 budgeting reviews of all remaining state agencies prior to
26 December 31, 2008.
27 (5) In addition to its permanent staff, the commission
28 is authorized to request assistance from the staff of any
29 joint standing committee of the Legislature and from the staff
30 of any standing committee of the Senate or the House of
31
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1 Representatives if required to perform the zero-based
2 budgeting reviews required by this section.
3 Section 26. Section 216.183, Florida Statutes, is
4 amended to read:
5 216.183 Entities using performance-based program
6 budgets; chart of accounts.--State agencies and the judicial
7 branch for which a performance-based program budget has been
8 appropriated shall utilize the chart of accounts used by the
9 Florida Accounting Information Resource Subsystem in the
10 manner described in s. 215.93(3). The chart of accounts for
11 state agencies and the judicial branch for which a
12 performance-based program budget has been appropriated shall
13 be developed and amended, if necessary, in consultation with
14 the Department of Banking and Finance, and the Executive
15 Office of the Governor, and the chairs of the Legislative
16 Budget Commission.
17 Section 27. Subsection (1) of section 216.192, Florida
18 Statutes, is amended to read:
19 216.192 Release of appropriations; revision of
20 budgets.--
21 (1) Unless otherwise provided in the General
22 Appropriations Act, on July 1 of each fiscal year, up to 25 20
23 percent of the original approved operating budget of each
24 agency and of the judicial branch may shall be released until
25 such time as annual plans for quarterly releases for all
26 appropriations have been developed, approved, and furnished to
27 the Comptroller by the Executive Office of the Governor for
28 state agencies and by the Chief Justice of the Supreme Court
29 for the judicial branch. The plans, including appropriate
30 plans of releases for fixed capital outlay projects that
31 correspond with each project schedule, shall attempt to
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1 maximize the use of trust funds and shall be transmitted to
2 the Comptroller by August 1 of each fiscal year. Such releases
3 shall at no time exceed the total appropriations available to
4 a state agency or to the judicial branch, or the approved
5 budget for such agency or the judicial branch if less. The
6 Comptroller shall enter such releases in his or her records in
7 accordance with the release plans prescribed by the Executive
8 Office of the Governor and the Chief Justice, unless otherwise
9 amended as provided by law. The Executive Office of the
10 Governor and the Chief Justice shall transmit a copy of the
11 approved annual releases to the head of the state agency, the
12 chair of the Legislative Budget Commission chairs of the
13 legislative appropriations committees, and the Auditor
14 General. The Comptroller shall authorize all expenditures to
15 be made from the appropriations on the basis of such releases
16 and in accordance with the approved budget, and not otherwise.
17 Expenditures shall be authorized only in accordance with
18 legislative authorizations. Nothing herein precludes periodic
19 reexamination and revision by the Executive Office of the
20 Governor or by the Chief Justice of the annual plans for
21 release of appropriations and the notifications of the parties
22 of all such revisions.
23 Section 28. Section 216.195, Florida Statutes, is
24 amended to read:
25 216.195 Impoundment of funds; restricted.--The
26 Executive Office of the Governor, the Chief Justice of the
27 Supreme Court, any member of the Cabinet, the Administration
28 Commission, or any state agency shall not impound any
29 appropriation except as necessary to avoid or eliminate a
30 deficit pursuant to the provisions of s. 216.221. As used in
31 this section, the term "impoundment" means the omission of any
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1 appropriation or part of an appropriation in the approved
2 operating plan prepared pursuant to s. 216.181 or in the
3 schedule of releases prepared pursuant to s. 216.192 or the
4 failure of any state agency or the judicial branch to spend an
5 appropriation for the stated purposes authorized in the
6 approved operating budget. The provisions of this section are
7 subject to the notice and review procedures of s. 216.177.
8 The Governor or either house of the Legislature may seek
9 judicial review of any action or proposed action which
10 violates the provisions of this section.
11 Section 29. Section 216.212, Florida Statutes, is
12 amended to read:
13 216.212 Budgets for federal funds; restrictions on
14 expenditure of federal funds.--
15 (1) The Executive Office of the Governor, the office
16 of the Comptroller, and the office of the Treasurer shall
17 develop and implement procedures for accelerating the drawdown
18 of, and minimizing the payment of interest on, federal funds.
19 The Executive Office of the Governor shall establish a
20 clearinghouse for federal programs and activities. The
21 clearinghouse shall develop the capacity to respond to federal
22 grant opportunities and to coordinate the use of federal funds
23 in the state.
24 (a) Every state agency, when making a request or
25 preparing a budget to be submitted to the Federal Government
26 for funds, equipment, material, or services, shall submit such
27 request or budget to the Executive Office of the Governor for
28 review approval before submitting it to the proper federal
29 authority. However, the Executive Office of the Governor may
30 specifically authorize any agency to submit specific types of
31 grant proposals directly to the Federal Government.
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1 (b) Every office or court of the judicial branch, when
2 making a request or preparing a budget to be submitted to the
3 Federal Government for funds, equipment, material, or
4 services, shall submit such request or budget to the Chief
5 Justice of the Supreme Court for approval before submitting it
6 to the proper federal authority. However, the Chief Justice
7 may specifically authorize any court to submit specific types
8 of grant proposals directly to the Federal Government.
9 (2) When such federal authority has approved the
10 request or budget, the state agency or the judicial branch
11 shall submit to the Executive Office of the Governor such
12 documentation showing approval as that office prescribes.
13 Beginning July 1, 1993, The Executive Office of the Governor
14 must acknowledge each approved request or budget by entering
15 that approval into an Automated Grant Management System
16 developed in consultation with the chairs of the House of
17 Representatives and Senate appropriations committees.
18 (3) Federal money appropriated by Congress or received
19 from court settlements to be used for state purposes, whether
20 by itself or in conjunction with moneys appropriated by the
21 Legislature, may not be expended unless appropriated by the
22 Legislature. However, the Executive Office of the Governor or
23 the Chief Justice of the Supreme Court may, after consultation
24 with the legislative appropriations committees, approve the
25 receipt and expenditure of funds from federal sources by state
26 agencies or by the judicial branch. Any federal programs
27 requiring state matching funds which funds were eliminated, or
28 were requested and were not approved, by the Legislature may
29 not be implemented during the interim. However, federal and
30 other fund sources for the State University System which do
31
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1 not carry a continuing commitment on future appropriations are
2 hereby appropriated for the purpose received.
3 (4) The Office of the Comptroller and the Executive
4 Office of the Governor, in consultation with the Office of the
5 Treasurer and the Office of the Auditor General, shall develop
6 and maintain a means to ensure the compatibility of the
7 Florida Accounting Information Resource Subsystem and the
8 Federal Aid Tracking System. Any successive systems serving
9 identical or similar functions shall preserve such
10 compatibility.
11 Section 30. Section 216.216, Florida Statutes, is
12 created to read:
13 216.216 Court settlement funds negotiated by the
14 state.--In any court settlement in which a state agency or
15 officer or any other counsel representing the interests of the
16 state negotiates settlement amounts to be expended on any
17 state operational or fixed capital issue in the judicial
18 branch or the executive branch, such funds may not be expended
19 unless appropriated by the Legislature to the appropriate
20 agency responsible for the operational or fixed capital issue.
21 When a state agency or officer settles an action in which the
22 state will receive moneys, the funds shall be placed in the
23 General Revenue Fund or in the trust fund that is associated
24 with the agency's or officer's authority to pursue the legal
25 action. The provisions of this section are subject to the
26 notice and review procedures set forth in s. 216.177.
27 Section 31. Subsections (2) and (6) of section
28 216.221, Florida Statutes, 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 (2) The Legislature may shall annually provide
2 direction in the General Appropriations Act regarding use of
3 the Budget Stabilization Fund and Working Capital Fund to
4 offset General Revenue Fund deficits.
5 (6) If the Revenue Estimating Conference projects a
6 deficit in the General Revenue Fund in excess of 1.5 percent
7 of the moneys appropriated from the General Revenue Fund $300
8 million during a fiscal year or when the cumulative total of a
9 series of projected deficits in the General Revenue Fund
10 exceeds 1.5 percent of the moneys appropriated from the
11 General Revenue Fund $300 million, the deficit shall be
12 resolved by the Legislature.
13 Section 32. Paragraph (a) of subsection (2) of section
14 216.251, Florida Statutes, is amended to read:
15 216.251 Salary appropriations; limitations.--
16 (2)(a) The salary for each position not specifically
17 indicated in the appropriations acts shall be as provided in
18 one of the following subparagraphs:
19 1. Within the classification and pay plans provided
20 for in chapter 110.
21 2. Within the classification and pay plans established
22 by the Board of Trustees for the Florida School for the Deaf
23 and the Blind of the Department of Education and approved by
24 the State Board of Education for academic and academic
25 administrative personnel.
26 3. Within the classification and pay plan approved and
27 administered by the Board of Regents for those positions in
28 the State University System.
29 4. Within the classification and pay plan approved by
30 the President of the Senate and the Speaker of the House of
31
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1 Representatives, or by the Legislative Auditing Committee, as
2 the case may be, for employees of the Legislature.
3 5. Within the approved classification and pay plan for
4 the judicial branch.
5 6. The salary of all positions not specifically
6 included in this subsection shall be set by the commission or
7 by the Chief Justice for the judicial branch.
8 Section 33. Paragraphs (a), (b), and (f) of subsection
9 (1) of section 216.262, Florida Statutes, are amended to read:
10 216.262 Authorized positions.--
11 (1)(a) Unless otherwise expressly provided by law, the
12 total number of authorized positions may not exceed the total
13 provided in the appropriations acts. In the event any state
14 agency or entity of the judicial branch finds that the number
15 of positions so provided is not sufficient to administer its
16 authorized programs, it may file an application with the
17 Executive Office of the Governor or the Chief Justice; and, if
18 the office or Chief Justice certifies that there are no
19 authorized positions available for addition, deletion, or
20 transfer within the agency as provided in paragraph (c) and
21 recommends an increase in the number of positions, the
22 Governor commission or the Chief Justice may, after a public
23 hearing, authorize an increase in the number of positions for
24 the following reasons only:
25 1. To implement or provide for continuing federal
26 grants or changes in grants not previously anticipated;
27 2. To meet emergencies pursuant to s. 252.36;
28 3. To satisfy new federal regulations or changes
29 therein;
30
31
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1 4. To take advantage of opportunities to reduce
2 operating expenditures or to increase the revenues of the
3 state or local government; and
4 5. To authorize positions which were not fixed by the
5 Legislature through error in drafting the appropriations acts.
6
7 The provisions of this paragraph are subject to the notice and
8 review procedures set forth in s. 216.177. A copy of the
9 application, the certification, and the final authorization
10 shall be filed with the Legislative Budget Commission
11 appropriations committees and with the Auditor General.
12 (b) The Governor Administration Commission and the
13 Chief Justice may, after a public hearing, delete supervisory
14 or managerial positions within a department and establish
15 direct service delivery positions in excess of the number of
16 supervisory or managerial positions deleted. The salary rate
17 for all positions authorized under this paragraph may not
18 exceed the salary rate for all positions deleted under this
19 paragraph. Positions affected by changes made under this
20 paragraph may be funded only from identical funding sources.
21 (f) Perquisites may not be furnished by a state agency
22 or by the judicial branch unless approved by the Department of
23 Management Services, or otherwise delegated to the agency
24 head, or by the Chief Justice, respectively, during each
25 fiscal year. Whenever a state agency or the judicial branch is
26 to furnish perquisites, the Department of Management Services
27 or the agency head to which the approval has been delegated or
28 the Chief Justice, respectively, must approve the kind and
29 monetary value of such perquisites before they may be
30 furnished. Perquisites may be furnished only when in the best
31 interest of the state due to the exceptional or unique
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1 requirements of the position. The value of a perquisite may
2 not be used to compute an employee's base rate of pay or
3 regular rate of pay unless required by the Fair Labor
4 Standards Act. Permissible perquisites include, but are not
5 limited to, moving expenses, clothing, use of vehicles and
6 other transportation, domestic services, groundskeeping
7 services, telephone services, medical services, housing,
8 utilities, and meals. The Department of Management Services
9 may adopt uniform rules applicable to the executive branch
10 agencies to implement its responsibilities under this
11 paragraph, which rules may specify additional perquisites,
12 establish additional criteria for each kind of perquisite,
13 provide the procedure to be used by executive agencies in
14 applying for approvals, and establish the required
15 justification. As used in this section, the term "perquisites"
16 means those things, or the use thereof, or services of a kind
17 that confer on the officers or employees receiving them some
18 benefit that is in the nature of additional compensation, or
19 that reduce to some extent the normal personal expenses of the
20 officer or employee receiving them. The term includes, but is
21 not limited to, such things as quarters, subsistence,
22 utilities, laundry services, medical service, use of
23 state-owned vehicles for other than state purposes, and
24 servants paid by the state.
25 Section 34. Subsection (1) of section 216.271, Florida
26 Statutes, is amended to read:
27 216.271 Revolving funds.--
28 (1) No revolving fund may be established or increased
29 in amount pursuant to s. 18.101(2), unless approved by the
30 Comptroller. The purpose and uses of a revolving fund may not
31 be changed without the prior approval of the Comptroller. As
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1 used in this section, the term "revolving fund" means a cash
2 fund maintained within or outside the State Treasury and
3 established from an appropriation, to be used by an agency or
4 the judicial branch in making authorized expenditures.
5 Section 35. Section 216.292, Florida Statutes, is
6 amended to read:
7 216.292 Appropriations nontransferable; exceptions.--
8 (1)(a) Funds provided in the General Appropriations
9 Act or as otherwise expressly provided by law shall be
10 expended only for the purpose for which appropriated, except
11 that if deemed necessary such moneys may be transferred as
12 provided in subsections (3) and, (4), and (5) when it is
13 determined to be in the best interest of the state.
14 Appropriations for fixed capital outlay may not be expended
15 for any other purpose, and appropriations may not be
16 transferred between state agencies, or between a state agency
17 and the judicial branch, unless specifically authorized by
18 law.
19 (b) For the 1998-1999 fiscal year only, The Department
20 of Children and Family Services and the Agency for Health Care
21 Administration may transfer general revenue funds as necessary
22 to comply with any provision of the General Appropriations Act
23 that requires or specifically authorizes the transfer of
24 general revenue funds between these two agencies. This
25 paragraph is repealed on July 1, 1999.
26 (2) A lump sum appropriated for a performance-based
27 program must be distributed by the Governor for state agencies
28 or the Chief Justice for the judicial branch into the
29 traditional expenditure categories in accordance with s.
30 216.181(6)(b) s. 216.181(5)(b). At any time during the year,
31 the agency head or Chief Justice may transfer funds between
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1 those categories with no limit on the amount of the transfer.
2 Authorized revisions of the original approved operating
3 budget, together with related changes, if any, must be
4 transmitted by the state agency or by the judicial branch to
5 the Executive Office of the Governor or the Chief Justice, the
6 chair of the Legislative Budget Commission chairs of the
7 legislative appropriations committees, the Office of Program
8 Policy Analysis and Government Accountability, and the Auditor
9 General. Such authorized revisions shall be consistent with
10 the intent of the approved operating budget, shall be
11 consistent with legislative policy and intent, and shall not
12 conflict with specific spending policies specified in the
13 General Appropriations Act. The Executive Office of the
14 Governor shall forward a copy of the revisions within 7
15 working days to the Comptroller for entry in his or her
16 records in the manner and format prescribed by the Executive
17 Office of the Governor in consultation with the Comptroller.
18 Such authorized revisions shall be consistent with the intent
19 of the approved operating budget, shall be consistent with
20 legislative policy and intent, and shall not conflict with
21 specific spending policies specified in the General
22 Appropriations Act. Additionally, subsection (3) shall not
23 apply to programs operating under performance-based program
24 budgeting where a lump sum was appropriated.
25 (3) The head of each department or the Chief Justice
26 of the Supreme Court, whenever it is deemed necessary by
27 reason of changed conditions, may transfer appropriations
28 funded from identical funding sources, except appropriations
29 for fixed capital outlay, and transfer the amounts included
30 within the total original approved budget and releases as
31 furnished pursuant to ss. 216.181 and 216.192, as follows:
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1 (a) Between categories of appropriations within a
2 budget entity, if no category of appropriation is increased or
3 decreased by more than 5 percent of the original approved
4 budget or $150,000 $25,000, whichever is greater, by all
5 action taken under this subsection.
6 (b) Additionally, between budget entities within
7 identical categories of appropriations, if no category of
8 appropriation is increased or decreased by more than 5 percent
9 of the original approved budget or $150,000 $25,000, whichever
10 is greater, by all action taken under this subsection.
11 (c) Such authorized revisions must be consistent with
12 the intent of the approved operating budget, must be
13 consistent with legislative policy and intent, and must not
14 conflict with specific spending policies specified in the
15 General Appropriations Act.
16
17 Such authorized revisions, together with related changes, if
18 any, in the plan for release of appropriations, shall be
19 transmitted by the state agency or by the judicial branch to
20 the Comptroller for entry in the Comptroller's records in the
21 manner and format prescribed by the Executive Office of the
22 Governor in consultation with the Comptroller. A copy of such
23 revision shall be furnished to the Executive Office of the
24 Governor or the Chief Justice, the chair of the Legislative
25 Budget Commission chairs of the legislative committees, and
26 the Auditor General.
27 (4)(a) The head of each department or the Chief
28 Justice of the Supreme Court may transfer funds within
29 programs identified in the General Appropriations Act from
30 identical funding sources between the following appropriation
31 categories without limitation so long as such a transfer does
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1 not result in an increase to the total recurring general
2 revenue or trust fund cost of the agency or entity of the
3 judicial branch in the subsequent fiscal year: other personal
4 services, expenses, operating capital outlay,
5 performance-based program budgeting lump sums, acquisition of
6 motor vehicles, data processing services, operating and
7 maintenance of patrol vehicles, overtime payments, salary
8 incentive payments, compensation to retired judges, law
9 libraries, and juror and witness payments. Such transfers must
10 be consistent with legislative policy and intent and must not
11 adversely affect achievement of approved performance outcomes
12 or outputs in any program. Notice of proposed transfers under
13 this authority shall be provided to the Executive Office of
14 the Governor and the chairs of the legislative appropriations
15 committees at least 5 working days prior to their
16 implementation.
17 (b) The head of each department or the Chief Justice
18 of the Supreme Court may transfer funds from identical funding
19 sources between salaries and benefits appropriation categories
20 within programs identified in the General Appropriations Act.
21 Such transfers must be consistent with legislative policy and
22 intent and must not adversely affect achievement of approved
23 performance outcomes or outputs in any program. Notice of
24 proposed transfers under this authority shall be provided to
25 the Executive Office of the Governor and the chairs of the
26 legislative appropriations committees at least 5 working days
27 prior to their implementation.
28 (4) The head of each department or the Chief Justice
29 of the Supreme Court, whenever it is deemed necessary by
30 reason of changed conditions, may transfer funds, positions,
31 and salary rate within and between program budget entities
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1 with performance-based program appropriations as defined in s.
2 216.011(1)(xx). Such transfers may include appropriations from
3 any operating category, except appropriations for fixed
4 capital outlay. However, the total program funds, positions,
5 and salary rate shall not be increased or decreased by more
6 than 5 percent by all action taken under this section.
7 Authorized revisions of the original approved operating
8 budget, together with related changes, if any, must be
9 transmitted by the state agency or by the judicial branch to
10 the Executive Office of the Governor or the Chief Justice, the
11 chairs of the legislative appropriations committees, the
12 Office of Program Policy Analysis and Government
13 Accountability, and the Auditor General. Such authorized
14 revisions shall be consistent with legislative policy and
15 intent and shall not conflict with specific spending policies
16 specified in the General Appropriations Act. The Executive
17 Office of the Governor shall forward a copy of the revisions
18 within 7 working days to the Comptroller for entry in his or
19 her records in the manner and format prescribed by the
20 Executive Office of the Governor in consultation with the
21 Comptroller.
22 (5)(a) Transfers of appropriations for operations from
23 the General Revenue Fund in excess of those provided in
24 subsections (3) and (4) but within a state agency or within
25 the judicial branch may be authorized by the commission for
26 the executive branch and the Chief Justice for the judicial
27 branch, pursuant to the request of the agency filed with the
28 Executive Office of the Governor, or pursuant to the request
29 of an entity of the judicial branch filed with the Chief
30 Justice of the Supreme Court, if deemed necessary and in the
31 best interest of the state and consistent with legislative
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1 policy and intent. The provisions of this paragraph are
2 subject to the notice, review, and objection procedures set
3 forth in s. 216.177.
4 (b) When an appropriation for a named fixed capital
5 outlay project is found to be in excess of that needed to
6 complete that project, at the request of the Executive Office
7 of the Governor for state agencies or the Chief Justice of the
8 Supreme Court for the judicial branch the excess may be
9 transferred, with the approval of the commission or the Chief
10 Justice, to another project for which there has been an
11 appropriation in the same fiscal year from the same fund and
12 within the same department where a deficiency is found to
13 exist. Further, a fixed capital outlay project may not be
14 initiated without a specific legislative appropriation, nor
15 may the scope of a fixed capital outlay project be changed by
16 the transfer of funds. The provisions of this paragraph are
17 subject to the notice, review, and objection procedures set
18 forth in s. 216.177.
19 (c) Federal funds for fixed capital outlay projects
20 for the Department of Military Affairs which do not carry a
21 continuing commitment on future appropriations by the
22 Legislature may be approved by the Executive Office of the
23 Governor for the purpose received. The provisions of this
24 paragraph are subject to the notice, review, and objection
25 procedures set forth in s. 216.177.
26 (6) Upon request of a department to, and approval by,
27 the Comptroller, funds appropriated may be transferred to
28 accounts established for disbursement purposes upon release of
29 such appropriation. Such transfer may only be made to the
30 same appropriation category and the same funding source from
31 which the funds are transferred.
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1 (7) Any transfers from the Working Capital Fund to the
2 General Revenue Fund may be approved provided such transfers
3 were identified or contemplated by the Legislature in the
4 original approved budget.
5 (8)(a) Should any state agency or the judicial branch
6 become more than 90 days delinquent on reimbursements due to
7 the Unemployment Compensation Trust Fund, the Department of
8 Labor and Employment Security shall certify to the Comptroller
9 the amount due; and the Comptroller shall transfer the amount
10 due to the Unemployment Compensation Trust Fund from any funds
11 of the agency available. (b) Should any state agency or the
12 judicial branch become more than 90 days delinquent in paying
13 the Division of Risk Management of the Department of Insurance
14 for insurance coverage, the Department of Insurance may
15 certify to the Comptroller the amount due; and the Comptroller
16 shall transfer the amount due to the Division of Risk
17 Management from any funds of the agency or the judicial branch
18 available.
19 (9) Moneys appropriated in the General Appropriations
20 Act for the purpose of paying for services provided by the
21 state communications system in the Department of Management
22 Services shall be paid by the user agencies, or the judicial
23 branch, within 45 days after the billing date. Billed amounts
24 not paid by the user agencies, or by the judicial branch,
25 shall be transferred by the Comptroller from the user agencies
26 to the Communications Working Capital Trust Fund.
27 (10) The Comptroller shall report all such transfers
28 and the reasons for such transfers to the legislative
29 appropriations committees and the Executive Office of the
30 Governor.
31
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1 (11) Where any reorganization has been authorized by
2 the Legislature and the necessary adjustments of
3 appropriations and positions have not been provided in the
4 General Appropriations Act, the Legislative Budget
5 Administration Commission may approve, consistent with
6 legislative policy and intent, the necessary transfers to
7 accomplish the purposes of such reorganization within state
8 agencies. The Chief Justice of the Supreme Court may approve
9 such transfers for the judicial branch.
10 Section 36. Section 216.321, Florida Statutes, is
11 amended to read:
12 216.321 Construction of chapter 216 as unauthorized
13 expenditures and disbursements.--Nothing contained in any
14 agency legislative budget or operating budget shall be
15 construed to be an administrative or legislative construction
16 affirming the existence then of the lawful authority to make
17 an expenditure or disbursement for any purpose not otherwise
18 authorized by laws of the particular agency, judicial branch,
19 or legislative branch and the general laws relating to the
20 expenditure or disbursement of public funds.
21 Section 37. Subsection (11) is added to section 11.45,
22 Florida Statutes, to read:
23 11.45 Definitions; duties; audits; reports.--
24 (11) In addition to any other provision of law
25 granting access to records and accounts, the Auditor General
26 may, pursuant to his or her own authority granted in this
27 subsection or at the direction of the Legislative Auditing
28 Committee, conduct audits of any direct-support organization
29 or citizen-support organization authorized by law. Independent
30 audits of direct-support organizations and citizen-support
31 organizations conducted by certified public accountants shall
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1 be performed in accordance with rules adopted by the Auditor
2 General.
3 Section 38. Section 11.90, Florida Statutes, is
4 created to read:
5 11.90 Legislative Budgeting Commission.--
6 (1) There is created a standing joint committee of the
7 Legislature designated the Legislative Budgeting Commission,
8 composed of 14 members as follows: 7 members of the Senate
9 appointed by the President of the Senate, to include the
10 Chairman of the Senate Budget Committee or its successor, and
11 7 members of the House of Representatives appointed by the
12 Speaker of the House of Representatives, to include the
13 Chairman of the Fiscal Responsibility Council or its
14 successor. The terms of members shall be for 2 years and shall
15 run from the organization of one Legislature to the
16 organization of the next Legislature. Vacancies occurring
17 during the interim period shall be filled in the same manner
18 as the original appointment. The members of the committee
19 shall elect a chair and vice chair. During the 2-year term, a
20 member of each house shall serve as chair for 1 year.
21 (2) The Legislative Budget Commission shall be
22 governed by joint rules of the Senate and the House of
23 Representatives which shall remain in effect until repealed or
24 amended by concurrent resolution.
25 (3) The commission shall meet at least quarterly and
26 more frequently at the direction of the presiding officers or
27 upon call of the chairman. A quorum shall consist of a
28 majority of members from each house, plus one additional
29 member from either house.
30 (4) The commission may conduct its meetings through
31 teleconferences or other similar means.
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1 Section 39. Subsection (2) of section 120.65, Florida
2 Statutes, is amended to read:
3 120.65 Administrative law judges.--
4 (2) The director has the right to appeal actions by
5 the Executive Office of the Governor that affect amendments to
6 the division's approved operating budget or any personnel
7 actions pursuant to chapter 216 to the Administration
8 Commission, which shall decide such issue by majority vote.
9 The appropriations committees may advise the Administration
10 Commission on the issue. If the President of the Senate and
11 the Speaker of the House of Representatives object in writing
12 to the effects of the appeal, the appeal may be affirmed by
13 the affirmative vote of two-thirds of the commission members
14 present. The failure of the Executive Office of the Governor
15 to act on a request for action by the director within 21 days
16 after receiving a written request constitutes approval of the
17 request.
18 Section 40. Subsection (3) of section 121.031, Florida
19 Statutes, is amended to read:
20 121.031 Administration of system; appropriation;
21 oaths; actuarial studies; public records.--
22 (3) The administrator shall cause an actuarial study
23 of the system to be made at least once every 2 years and shall
24 report the results of such study to the Legislature by
25 February 1 prior to the next legislative session.
26 (a) The study shall, at a minimum, conform to the
27 requirements of s. 112.63, with the following exceptions and
28 additions:
29 (a)1. The valuation of plan assets shall be based on a
30 5-year averaging methodology such as that specified in the
31 United States Department of Treasury Regulations, 26 C.F.R. s.
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1 1.412(c)(2)-1, or a similar accepted approach designed to
2 attenuate fluctuations in asset values.
3 (b)2. The study shall include a narrative explaining
4 the changes in the covered group over the period between
5 actuarial valuations and the impact of those changes on
6 actuarial results.
7 (c)3. When substantial changes in actuarial
8 assumptions have been made, the study shall reflect the
9 results of an actuarial assumption as of the current date
10 based on the assumptions utilized in the prior actuarial
11 report.
12 (d)4. The study shall include an analysis of the
13 changes in actuarial valuation results by the factors
14 generating those changes. Such analysis shall reconcile the
15 current actuarial valuation results with those results from
16 the prior valuation.
17 (e)5. The study shall include measures of funding
18 status and funding progress designed to facilitate the
19 assessment of trends over several actuarial valuations with
20 respect to the overall solvency of the system. Such measures
21 shall be adopted by the division and shall be used
22 consistently in all actuarial valuations performed on the
23 system.
24 (b) The Florida Retirement System Actuarial Assumption
25 Conference which is hereby created shall by consensus develop
26 official information with respect to the economic and
27 noneconomic assumptions and funding methods of the Florida
28 Retirement System necessary to perform the study. Such
29 information shall include: an analysis of the actuarial
30 assumptions and actuarial methods and a determination of
31 whether changes to the assumptions or methods need to be made
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1 due to experience changes or revised future forecasts. The
2 members of the conference shall include the Executive Office
3 of the Governor, the coordinator of the Office of Economic and
4 Demographic Research, and professional staff of the Senate and
5 House of Representatives who have forecasting expertise, or
6 their designees. The Executive Office of the Governor shall
7 have the responsibility of presiding over the sessions of the
8 conference. The State Board of Administration and the
9 Division of Retirement shall be participants, as defined in s.
10 216.134, in the conference.
11 Section 41. Subsection (2) of section 186.002, Florida
12 Statutes, is amended to read:
13 186.002 Findings and intent.--
14 (2) It is the intent of the Legislature that:
15 (a) The state planning process provide direction for
16 the delivery of governmental services, a means for defining
17 and achieving the specific goals and objectives of the state,
18 and a method for evaluating the accomplishment of those goals
19 and objectives.
20 (b) The state comprehensive plan shall provide basic
21 policy direction to all levels of government regarding the
22 orderly social, economic, and physical growth of the state.
23 (c) Long-range program State agency strategic plans
24 shall be effectively coordinated to ensure the establishment
25 of appropriate agency priorities and facilitate the orderly,
26 positive management of agency activities consistent with the
27 public interest. It is also intended that the implementation
28 of state and regional plans enhance the quality of life of the
29 citizens of the state.
30 (d) The state planning process shall be informed and
31 guided by the experience of public officials at all levels of
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1 government. In preparing any plans or proposed revisions or
2 amendments required by this chapter, the Governor shall
3 consider the experience of and information provided by local
4 governments in their evaluation and appraisal reports pursuant
5 to s. 163.3191.
6 (e) All agencies and levels of government involved in
7 the integrated planning process shall provide sufficient
8 opportunities for meaningful public participation in the
9 preparation, implementation, evaluation, and revision of all
10 plans and programs.
11 Section 42. Section 186.003, Florida Statutes, is
12 amended to read:
13 186.003 Definitions.--As used in ss. 186.001-186.031
14 and 186.801-186.901, the term:
15 (1) "Executive Office of the Governor" means the
16 Office of Planning and Budgeting of the Executive Office of
17 the Governor.
18 (2) "Goal" means the long-term end toward which
19 programs and activities are ultimately directed.
20 (3) "Objective" means a specific, measurable,
21 intermediate end that is achievable and marks progress toward
22 a goal.
23 (4) "Policy" means the way in which programs and
24 activities are conducted to achieve an identified goal.
25 (5) "Regional planning agency" means the regional
26 planning council created pursuant to ss. 186.501-186.515 to
27 exercise responsibilities under ss. 186.001-186.031 and
28 186.801-186.901 in a particular region of the state.
29 (6) "State agency" or "agency" means any official,
30 officer, commission, board, authority, council, committee, or
31 department of the executive branch of state government. For
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1 purposes of this chapter, "state agency" or "agency" includes
2 state attorneys, public defenders, the Capital Collateral
3 Regional Counsels, the Justice Administrative Commission, and
4 the Public Service Commission. each executive department, the
5 Fish and Wildlife Conservation Commission, the Parole
6 Commission, and the Department of Military Affairs.
7 (7) "State agency strategic plan" means the statement
8 of priority directions that an agency will take to carry out
9 its mission within the context of the state comprehensive plan
10 and within the context of any other statutory mandates and
11 authorizations given to the agency, pursuant to ss.
12 186.021-186.022.
13 (7)(8) "State comprehensive plan" means the state
14 planning document required in s. 19, Art. III of the State
15 Constitution and published as ss. 187.101 and 187.201.
16 Section 43. Section 186.021, Florida Statutes, is
17 amended to read:
18 186.021 Long-range program State agency strategic
19 plans.--Pursuant to s. 216.013, each state agency shall
20 develop a long-range program plan on an annual basis. The plan
21 shall provide the framework and context for designing and
22 interpreting the agency budget request. The plan will be
23 developed through careful examination and justification of
24 programs, services, and activities and their associated costs.
25 It shall be used by the agency to implement the state's goals
26 and objectives. Indicators shall be developed to measure
27 service and activity performance.
28 (1) A state agency strategic plan shall be a statement
29 of the priority directions an agency will take to carry out
30 its mission within the context of the state comprehensive plan
31 and any other statutory mandates and authorizations given to
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1 the agency. Each state agency strategic plan must identify
2 infrastructure needs, capital improvement needs, and
3 information resources management projects or initiatives that
4 involve more than one agency, that have an outcome that
5 impacts another agency, or that exceed $500,000 in total cost
6 over a 1-year period, except for those projects that are a
7 continuation of hardware or software maintenance or software
8 licensing agreements, or that are for desktop replacement that
9 is similar to the technology currently in use. Each agency
10 strategic plan shall specify those objectives against which
11 will be judged the agency's achievement of its goals and the
12 goals of the state comprehensive plan. The state agency
13 strategic plan shall be consistent with and shall further the
14 goals of the state comprehensive plan.
15 (2) A state agency strategic plan shall be developed
16 with a 5-year outlook and shall provide the strategic
17 framework within which an agency's legislative budget request
18 is developed. An agency's budget shall be designed to further
19 the agency's strategic plan.
20 (3) All amendments, revisions, or updates to a state
21 agency strategic plan shall be prepared in the same manner as
22 the original and shall be prepared as needed because of
23 changes in the state comprehensive plan or changes in the
24 statutory authority and responsibility of the agency.
25 (4) The Department of Environmental Protection, with
26 regard to the plan required by s. 373.036, and the state land
27 planning agency, with regard to the plan defined in s.
28 380.031(17), shall prepare revisions to such plans no later
29 than 6 months after the adoption of revisions to the growth
30 management portion of the state comprehensive plan or by June
31 1 of each even-numbered year, whichever is later.
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1 (5) Notwithstanding the provisions of this section and
2 ss. 186.009 and 186.022, the short-range component of the
3 Florida Transportation Plan and annual performance report
4 developed pursuant to s. 339.155 shall serve as the state
5 agency strategic plan and annual performance report for the
6 Department of Transportation.
7 Section 44. Section 186.022, Florida Statutes, is
8 amended to read:
9 186.022 Information resource State agency strategic
10 plans; preparation, form, and review.--
11 (1) Beginning in 1992, 3 months prior to the annual
12 submission of its final agency legislative budget request
13 pursuant to s. 216.023(1), each state agency shall prepare and
14 submit its agency strategic plan to the Executive Office of
15 the Governor. Prior to the submission of its agency strategic
16 plan to the Governor, each agency shall hold public workshops
17 on the proposed agency strategic plan, and shall allow at
18 least a 21-day period for public comment. At a minimum,
19 adequate public notice must be assured by publication of
20 notice of the hearing and comment period in the Florida
21 Administrative Weekly. Public participation must be further
22 encouraged through procedures and instructions.
23 (2) Each agency strategic plan must be in a form and
24 manner prescribed in written instructions prepared by the
25 Executive Office of the Governor after consultation with the
26 President of the Senate and the Speaker of the House of
27 Representatives. Each agency strategic plan must identify the
28 specific legislative authority necessary to implement the
29 provisions of the plan. An agency may only implement those
30 portions of its strategic plan that are consistent with
31 existing statutory or constitutional authority and for which
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1 funding, if needed, is available consistent with the
2 provisions of chapter 216. An agency's budget request
3 prescribed in s. 216.023(1) shall identify the financial
4 resources necessary to further the provisions of the agency's
5 strategic plan. Performance measures, as defined in s. 216.011
6 and proposed by the agency pursuant to s. 216.0166(1), must be
7 consistent with the objectives in the draft agency strategic
8 plan and shall represent 1-year implementation efforts
9 necessary to meet the 5-year agency strategic plan objectives.
10 State agency strategic plans shall be amended by the agency,
11 as necessary, to ensure consistency with the legislative
12 actions prior to the effective date of the agency strategic
13 plan.
14 (3) The Executive Office of the Governor shall review
15 the state agency strategic plans to ensure that they are
16 consistent with the state comprehensive plan and other
17 requirements as specified in the written instructions. In its
18 review, the Executive Office of the Governor shall consider
19 all comments received in formulating required revisions. This
20 shall include:
21 (a) The findings of the Technology Review Workgroup as
22 to the consistency of the information resources management
23 portion of agency strategic plans with the State Annual Report
24 on Information Resources Management and statewide policies
25 recommended by the State Technology Council; and
26 (b) The findings and recommendations of the Criminal
27 and Juvenile Justice Information Systems Council's review with
28 respect to public safety system strategic information
29 resources management issues.
30
31
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1 Within 60 days, reviewed plans shall be returned to the
2 agency, together with any required revisions. However, any
3 required revisions relating to information resources
4 management needs identified in the agency strategic plans are
5 subject to the notice and review procedures set forth in s.
6 216.177 and must be approved by the Administration Commission
7 for the executive branch and the Chief Justice for the
8 judicial branch.
9 (4) The state agency shall, within 30 days of the
10 return of its state agency strategic plan, incorporate all
11 revisions required by the Governor, or shall petition the
12 Administration Commission to resolve any disputes regarding
13 the consistency of the state agency strategic plan or the
14 revisions recommended by the Governor with the state
15 comprehensive plan or the written instructions. The
16 Administration Commission shall resolve any disputes within 60
17 days of the petition.
18 (5) Any differences between state agencies regarding
19 the programs, policies, or strategic plans of such agencies
20 shall be mediated by the Executive Office of the Governor.
21 (6) Each agency shall transmit copies of its strategic
22 plan and all written comments on its plan to the President of
23 the Senate and the Speaker of the House of Representatives not
24 later than 30 days prior to the next regular session of the
25 Legislature.
26 (7) Agency strategic plans developed pursuant to this
27 chapter are not rules and therefore are not subject to the
28 provisions of chapter 120.
29 (8) Each agency shall submit by September 1 of each
30 year an annual performance report to the Executive Office of
31 the Governor, with copies to the President of the Senate, the
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1 Speaker of the House of Representatives, the Auditor General,
2 and the Office of Program Policy Analysis and Government
3 Accountability. The purpose of this report is to evaluate the
4 attainment of the agency objectives in the agency strategic
5 plan and the performance measures approved by the Legislature
6 pursuant to s. 216.0166(3) and established in the General
7 Appropriations Act or implementing legislation for the General
8 Appropriations Act for the previous fiscal year. In addition,
9 each state agency must include a one-page summary of all
10 moneys that were expended or encumbered by the agency, or for
11 which the agency was otherwise responsible, during the
12 preceding fiscal year and an estimate of such moneys projected
13 by the agency for the current fiscal year. All such
14 expenditures and estimates of such expenditures must be
15 divided by program and expressed in line items by unit costs
16 for each output measure approved pursuant to s. 216.0166(3)
17 for those agencies and programs operating under
18 performance-based program budgeting and for major services and
19 products for those agencies and programs operating under
20 traditional line-item budgeting. Unit cost totals must equal
21 the total amount of moneys that were expended or projected to
22 be expended by each agency and must include expenditures or
23 projected expenditures of state funds by subordinate
24 governmental entities and contractors, as applicable. Moneys
25 that agencies receive but are not responsible for, such as
26 reversions or pass-throughs to entities over which the agency
27 has no authority or responsibility, shall be shown in separate
28 line items and expressed in total amounts only. At the regular
29 session immediately following the submission of the agency
30 performance report, the Legislature shall reduce in the
31 General Appropriations Act for the ensuing fiscal year, by an
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1 amount equal to at least 10 percent of the allocation for the
2 fiscal year preceding the current fiscal year, the funding of
3 each state agency that fails to submit the report required by
4 this subsection. All reports must be submitted in the form and
5 manner prescribed by the instructions prepared pursuant to
6 subsection (2) and s. 216.0235(3).
7 (9) By June March 1 of each year, the Geographic
8 Information Board, the Financial Management Information Board,
9 the Criminal and Juvenile Justice Information Systems Council,
10 and the Health Information Systems Council shall each develop
11 and submit an information resource a strategic plan to the
12 Executive Office of the Governor in a form and manner
13 prescribed in written instructions prepared by the Executive
14 Office of the Governor in consultation with the legislative
15 appropriation committees. The Executive Office of the Governor
16 shall review the strategic plan and may provide comments
17 within 30 days. In its review, the Executive Office of the
18 Governor shall consider all comments and findings of the
19 Technology Review Workgroup as to whether the plan is
20 consistent with the State Annual Report on Information
21 Resources Management and statewide policies recommended by the
22 State Technology Council. If revisions are required, boards
23 and councils have 30 days to incorporate those revisions and
24 return the plan to the Executive Office of the Governor.
25 following the general statutory requirements that are
26 applicable to agencies pursuant to s. 186.021(1), (2), and
27 (3). The strategic plan shall be subject to the requirements,
28 and the review and approval processes, set forth in
29 subsections (2) through (8), with the following exceptions:
30 (a) The Executive Office of the Governor, after
31 consultation with the President of the Senate and the Speaker
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1 of the House of Representatives, may prescribe a specific
2 format and content for the strategic plans of coordinating
3 boards and councils.
4 (b) The time periods for review and return of any
5 required strategic plan revisions, incorporation of such
6 revisions by the boards or councils, and resolution of
7 disputes shall be established by the Executive Office of the
8 Governor, after consultation with the President of the Senate
9 and the Speaker of the House of Representatives.
10 Section 45. Subsection (1) of section 186.901, Florida
11 Statutes, is amended to read:
12 186.901 Population census determination.--
13 (1) The Office of Economic and Demographic Research
14 shall annually provide to the Executive Office of the
15 Governor, either through its own resources or by contract,
16 shall produce population estimates of local governmental units
17 as of April 1 of each year, utilizing accepted statistical
18 practices. The population of local governments provided by the
19 Office of Economic and Demographic Research, as determined by
20 the Executive Office of the Governor, shall apply to any
21 revenue-sharing formula with local governments under the
22 provisions of ss. 218.20-218.26, part II of chapter 218. The
23 Office of Economic and Demographic Research shall additionally
24 provide the Executive Office of the Governor population
25 estimates for municipal annexations or consolidations
26 occurring during the period April 1 through February 28, and
27 the Executive Office of the Governor shall determine the
28 population count of the annexed areas as of April 1 and
29 include these estimates such in its certification to the
30 Department of Revenue for the annual revenue-sharing
31 calculation.
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1 Section 46. Section 215.18, Florida Statutes, is
2 amended to read:
3 215.18 Transfers between funds; limitation.--Whenever
4 there exists in any fund provided for by s. 215.32 a
5 deficiency which would render such fund insufficient to meet
6 its just requirements, and there shall exist in the other
7 funds in the State Treasury moneys which are for the time
8 being or otherwise in excess of the amounts necessary to meet
9 the just requirements of such last-mentioned funds, the
10 Administration Commission, with the concurrence of the
11 Governor, may order a temporary transfer of moneys from one
12 fund to another in order to meet temporary deficiencies in a
13 particular fund without resorting to the necessity of
14 borrowing money and paying interest thereon. The fund from
15 which any money is temporarily transferred shall be repaid the
16 amount transferred from it not later than the end of the
17 fiscal year in which such transfer is made, the date of
18 repayment to be specified in the order of the Governor
19 Administration Commission.
20 Section 47. Subsection (1) of section 215.22, Florida
21 Statutes, is amended to read:
22 215.22 Certain income and certain trust funds
23 exempt.--
24 (1) The following income of a revenue nature or the
25 following trust funds shall be exempt from the deduction
26 required by s. 215.20(1):
27 (a) Student financial aid or prepaid tuition receipts.
28 (b) Trust funds administered by the Department of the
29 Lottery.
30 (c) Departmental administrative assessments for
31 administrative divisions.
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1 (d) Funds charged by a state agency for services
2 provided to another state agency, by a state agency for
3 services provided to the judicial branch, or by the judicial
4 branch for services provided to a state agency.
5 (e) State, agency, or political subdivision
6 investments by the Treasurer.
7 (f) Retirement or employee benefit funds.
8 (g) Self-insurance programs administered by the
9 Treasurer.
10 (h) Funds held for the payment of citrus canker
11 eradication and compensation.
12 (i) Medicaid, Medicare, or third-party receipts for
13 client custodial care.
14 (j) Bond proceeds or revenues dedicated for bond
15 repayment, except for the Documentary Stamp Clearing Trust
16 Fund administered by the Department of Revenue.
17 (k) Trust funds administered by the Department of
18 Education.
19 (l) Trust funds administered by the Department of
20 Transportation.
21 (m) Trust funds administered by the Department of
22 Agriculture and Consumer Services.
23 (n) The Motor Vehicle License Clearing Trust Fund.
24 (o) The Solid Waste Management Trust Fund.
25 (p) The Coconut Grove Playhouse Trust Fund.
26 (q) The Communications Working Capital Trust Fund of
27 the Department of Management Services.
28 (r) The Camp Blanding Management Trust Fund.
29 (s) The Indigent Criminal Defense Trust Fund.
30
31
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1 (t) That portion of the Highway Safety Operating Trust
2 Fund funded by the motorcycle safety education fee collected
3 pursuant to s. 320.08(1)(d).
4 (u) The Save the Manatee Trust Fund.
5 (v) Tobacco Settlement Trust Funds administered by any
6 agency.
7 Section 48. Paragraph (b) of subsection (2) of section
8 215.32, Florida Statutes, is amended to read:
9 215.32 State funds; segregation.--
10 (2) The source and use of each of these funds shall be
11 as follows:
12 (b)1. The trust funds shall consist of moneys received
13 by the state which under law or under trust agreement are
14 segregated for a purpose authorized by law. The state agency
15 or branch of state government receiving or collecting such
16 moneys shall be responsible for their proper expenditure as
17 provided by law. Upon the request of the state agency or
18 branch of state government responsible for the administration
19 of the trust fund, the Comptroller may establish accounts
20 within the trust fund at a level considered necessary for
21 proper accountability. Once an account is established within a
22 trust fund, the Comptroller may authorize payment from that
23 account only upon determining that there is sufficient cash
24 and releases at the level of the account.
25 2. In order to maintain a minimum number of trust
26 funds in the State Treasury, each state agency or the judicial
27 branch may consolidate, if permitted under the terms and
28 conditions of their receipt, the trust funds administered by
29 it; provided, however, the agency or judicial branch employs
30 effectively a uniform system of accounts sufficient to
31 preserve the integrity of such trust funds; and provided,
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1 further, that consolidation of trust funds is approved by the
2 Governor Administration Commission or the Chief Justice.
3 3. All such moneys are hereby appropriated to be
4 expended in accordance with the law or trust agreement under
5 which they were received, subject always to the provisions of
6 chapter 216 relating to the appropriation of funds and to the
7 applicable laws relating to the deposit or expenditure of
8 moneys in the State Treasury.
9 4.a. Notwithstanding any provision of law restricting
10 the use of trust funds to specific purposes, unappropriated
11 cash balances from selected trust funds may be authorized by
12 the Legislature for transfer to the Budget Stabilization Fund
13 and Working Capital Fund in the General Appropriations Act.
14 b. This subparagraph does not apply to trust funds
15 required by federal programs or mandates; trust funds
16 established for bond covenants, indentures, or resolutions
17 whose revenues are legally pledged by the state or public body
18 to meet debt service or other financial requirements of any
19 debt obligations of the state or any public body; the State
20 Transportation Trust Fund; the trust fund containing the net
21 annual proceeds from the Florida Education Lotteries; the
22 Florida Retirement Trust Fund; trust funds under the
23 management of the Board of Regents, where such trust funds are
24 for auxiliary enterprises, self-insurance, and contracts,
25 grants, and donations, as those terms are defined by general
26 law; trust funds that serve as clearing funds or accounts for
27 the Comptroller or state agencies; trust funds that account
28 for assets held by the state in a trustee capacity as an agent
29 or fiduciary for individuals, private organizations, or other
30 governmental units; and other trust funds authorized by the
31 State Constitution.
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1 Section 49. Paragraph (f) of subsection (3) of section
2 240.209, Florida Statutes, is amended to read:
3 240.209 Board of Regents; powers and duties.--
4 (3) The board shall:
5 (f) Establish and maintain systemwide personnel
6 programs for all State University System employees, including
7 a systemwide personnel classification and pay plan,
8 notwithstanding provisions of law that grant authority to the
9 Department of Management Services over such programs for state
10 employees. The board shall consult with the legislative
11 appropriations committees regarding any major policy changes
12 related to classification and pay which are in conflict with
13 those policies in effect for career service employees with
14 similar job classifications and responsibilities. The board
15 may adopt rules delegating its authority to the Chancellor or
16 the universities. The board shall submit, in a manner
17 prescribed by law, any reports concerning State University
18 System personnel programs as shall be required of the
19 Department of Management Services for other state employees.
20 The Department of Management Services shall retain authority
21 over State University System employees for programs
22 established in ss. 110.116, 110.123, 110.1232, 110.1234,
23 110.1235, and 110.1238 and in chapters 121, 122, and 238. The
24 board shall adopt only those rules necessary to provide for a
25 coordinated, efficient systemwide program and shall delegate
26 to the universities all authority necessary for implementation
27 of the program consistent with these coordinating rules so
28 adopted and applicable collective bargaining agreements.
29 Notwithstanding the provisions of s. 216.181(7), The salary
30 rate controls for positions in budgets under the Board of
31
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1 Regents shall separately delineate the general faculty and all
2 other categories.
3 Section 50. Section 240.20941, Florida Statutes, is
4 amended to read:
5 240.20941 Vacant faculty positions.--Notwithstanding
6 the provisions of s. 216.181(8) and (9) s. 216.181(7), (8),
7 and (9), and pursuant to the provisions of s. 216.351, actions
8 to reduce positions, rate, or salaries and benefits, excluding
9 salary lapse calculations, taken by the Legislature or, by the
10 Executive Office of the Governor, or by the Administration
11 Commission which relate specifically to vacant positions, and
12 which are applied on a uniform basis to all state employee
13 positions, may affect the positions within the faculty pay
14 plan approved and administered by the Board of Regents only to
15 the extent that they do so by express reference to this
16 section.
17 Section 51. Subsection (1) of section 240.279, Florida
18 Statutes, is amended to read:
19 240.279 Working capital trust funds established.--
20 (1) The Board of Regents, with the approval of the
21 Legislative Budget Administration Commission, is hereby
22 authorized to establish in the State Treasury a working
23 capital trust fund for each of the individual institutions in
24 the university system for the purpose of providing central
25 financing and cost controls for certain general services
26 necessary to the operation of all departments of the
27 respective universities, including the auxiliary enterprises.
28 Section 52. Section 288.7091, Florida Statutes, is
29 amended to read:
30
31
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1 288.7091 Duties of the Florida Black Business
2 Investment Board.--The Florida Black Business Investment Board
3 shall:
4 (1) Establish certification criteria for black
5 business investment corporations. Certification criteria shall
6 include administrative capacity, fiduciary controls, and, in
7 the case of existing black business investment corporations,
8 solvency and soundness of prior loan decisions;
9 (2) Develop a memorandum of understanding with
10 Enterprise Florida, Inc., that outlines a strategy for
11 collaboration with the programs and boards of Enterprise
12 Florida, Inc.;
13 (3) Include in the criteria for loan decisions,
14 occupational forecasting results set forth in s. 216.136(9) s.
15 216.136(10) which target high growth jobs;
16 (4) Establish, in communities that are not currently
17 served by an existing black business investment corporation,
18 memoranda of understanding with local financial institutions
19 that will provide loan guarantees for loans to black business
20 enterprises;
21 (5) Develop memoranda of understanding with the
22 Departments of Labor and Employment Security, Education,
23 Transportation, and Management Services, as well as the State
24 Board of Regents, detailing efforts of common interest and
25 collaborations to expand black business development;
26 (6) Intensify efforts to increase the number of the
27 black business enterprises in construction and
28 construction-related projects, focusing on federal, state, and
29 local government financed construction projects; and
30 (7) Annually, prepare a report detailing the
31 performance of each black business investment corporation,
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1 addressing the number of jobs created and/or retained, success
2 and failure rates among loan recipients, and the amount of
3 funds leveraged from other sources.
4 Section 53. Paragraph (b) of subsection (5) of section
5 320.20, Florida Statutes, is amended to read:
6 320.20 Disposition of license tax moneys.--The revenue
7 derived from the registration of motor vehicles, including any
8 delinquent fees and excluding those revenues collected and
9 distributed under the provisions of s. 320.081, must be
10 distributed monthly, as collected, as follows:
11 (5)
12 (b) The State Comptroller each month shall deposit in
13 the State Transportation Trust Fund an amount, drawn from
14 other funds in the State Treasury which are not immediately
15 needed or are otherwise in excess of the amount necessary to
16 meet the requirements of the State Treasury, which when added
17 to such remaining revenues each month will equal one-twelfth
18 of the amount of the anticipated annual revenues to be
19 deposited in the State Transportation Trust Fund under
20 paragraph (a) as estimated by the most recent revenue
21 estimating conference held pursuant to s. 216.136(3). The
22 transfers required hereunder may be suspended by action of the
23 Legislative Budget Administration Commission in the event of a
24 significant shortfall of state revenues.
25 Section 54. Section 337.023, Florida Statutes, is
26 amended to read:
27 337.023 Sale of building; acceptance of replacement
28 building.--Notwithstanding the provisions of s. 216.292(4)(b)
29 s. 216.292(5)(b), if the department sells a building, the
30 department may accept the construction of a replacement
31 building, in response to a request for proposals, totally or
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1 partially in lieu of cash, and may do so without a specific
2 legislative appropriation. Such action is subject to the
3 approval of the Executive Office of the Governor, and is
4 subject to the notice, review, and objection procedures under
5 s. 216.177. The replacement building shall be consistent with
6 the current and projected needs of the department as agreed
7 upon by the department and the Department of Management
8 Services.
9 Section 55. Paragraph (a) of subsection (2) of section
10 339.135, Florida Statutes, is amended to read:
11 339.135 Work program; legislative budget request;
12 definitions; preparation, adoption, execution, and
13 amendment.--
14 (2) SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND
15 REQUEST FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--
16 (a) The department shall file the legislative budget
17 request in the manner required by chapter 216, setting forth
18 the department's proposed revenues and expenditures for
19 operational and fixed capital outlay needs to accomplish the
20 objectives of the department in the ensuing fiscal year. The
21 right-of-way, construction, preliminary engineering,
22 maintenance, and all grants and aids programs of the
23 department shall be set forth only in program totals. The
24 legislative budget request must include a balanced 36-month
25 forecast of cash and expenditures and a 5-year finance plan.
26 The legislative budget request shall be amended to conform to
27 the tentative work program. The department may amend its
28 legislative budget request and the tentative work program
29 based on the most recent revenue estimate by the
30 Transportation estimating conference estimate of revenues and
31 the most recent federal aid apportionments.
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1 Section 56. Subsection (3) of section 392.69, Florida
2 Statutes, is amended to read:
3 392.69 Appropriation, sinking, and maintenance trust
4 funds; additional powers of the department.--
5 (3) In the execution of its public health program
6 functions, notwithstanding s. 216.292(4)(b) s. 216.292(5)(b),
7 the department is hereby authorized to use any sums of money
8 which it may heretofore have saved or which it may hereafter
9 save from its regular operating appropriation, or use any sums
10 of money acquired by gift or grant, or any sums of money it
11 may acquire by the issuance of revenue certificates of the
12 hospital to match or supplement any state or federal funds, or
13 any moneys received by said department by gift or otherwise,
14 for the construction or maintenance of additional facilities
15 or improvement to existing facilities, as the department deems
16 necessary.
17 Section 57. Section 216.3491, Florida Statutes, is
18 transferred, renumbered as section 215.97, Florida Statutes,
19 and amended to read:
20 215.97 216.3491 Florida Single Audit Act.--
21 (1) The purposes of the section are to:
22 (a) Establish uniform state audit requirements for
23 state financial assistance provided by state agencies to
24 nonstate entities to carry out state projects.
25 (b) Promote sound financial management, including
26 effective internal controls, with respect to state financial
27 assistance administered by nonstate entities.
28 (c) Promote audit economy and efficiency by relying to
29 the extent possible on already required audits of federal
30 financial assistance provided to nonstate entities.
31
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1 (d) Provide for identification of state financial
2 assistance transactions in the appropriations act, state
3 accounting records, and recipient organization records.
4 (e) Promote improved coordination and cooperation
5 within and between affected state agencies providing making
6 state financial assistance awards and nonstate entities
7 receiving state assistance awards.
8 (f) Ensure, to the maximum extent possible, that state
9 agencies monitor, use, and followup on audits of state
10 financial assistance provided to nonstate entities.
11 (2) Definitions; as used in this section, the term:
12 (a) "Audit threshold" means the amount to use in
13 determining when a state single audit of a nonstate entity
14 shall be conducted in accordance with this section. Each
15 nonstate entity that expends a total amount of state financial
16 assistance awards equal to or in excess of $300,000 in any
17 fiscal year of such nonstate entity shall be required to have
18 a state single audit for such fiscal year in accordance with
19 the requirements of this section. Every 2 years the Auditor
20 General, after consulting with the Executive Office of the
21 Governor, the Comptroller, and all state agencies that provide
22 state financial assistance to nonstate entities, shall review
23 the amount for requiring audits under this section and may
24 adjust such dollar amount consistent with the purpose of this
25 section.
26 (b) "Auditing standards" means the auditing standards
27 as stated in the rules of the Auditor General as applicable to
28 for-profit organizations, nonprofit organizations, or local
29 governmental entities.
30 (c) "Catalog of State Financial Assistance" means a
31 comprehensive listing of all major state projects and other
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1 state projects. The Catalog of State Financial Assistance
2 shall be issued by the Executive Office of the Governor after
3 conferring with the Comptroller and all state agencies that
4 provide state financial assistance to nonstate entities. The
5 Catalog of State Financial Assistance shall include for each
6 listed state project: the responsible state agency; standard
7 state project number identifier; official title; legal
8 authorization; and description of the state project, including
9 objectives, restrictions, application and awarding procedures,
10 and other relevant information determined necessary.
11 (d) "Financial reporting package" means the nonstate
12 entities' financial statements, Schedule of State Financial
13 Assistance, auditor's reports, management letter, auditee's
14 written responses or corrective action plan, correspondence on
15 followup of prior years' corrective actions taken, and such
16 other information determined by the Auditor General to be
17 necessary and consistent with the purposes of this section.
18 (e) "Federal financial assistance" means financial
19 assistance from federal sources passed through the state and
20 provided to nonstate entities to carry out a federal program.
21 "Federal financial assistance" includes all types of federal
22 assistance as defined in applicable United States Office of
23 Management and Budget circulars.
24 (f) "For-profit organization" means any organization
25 or sole proprietor individual that received a state award but
26 is not a local governmental entity or a nonprofit
27 organization.
28 (g) "Independent auditor" means an external state or
29 local government auditor or a certified public accountant who
30 meets the independence standards.
31
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1 (h) "Internal control over state projects" means a
2 process, effected by an entity's management and other
3 personnel, designed to provide reasonable assurance regarding
4 the achievement of objectives in the following categories:
5 1. Effectiveness and efficiency of operations.
6 2. Reliability of financial operations.
7 3. Compliance with applicable laws and regulations.
8 (i) "Local governmental entity" means a county agency,
9 municipality, or special district or any other entity (other
10 than a district school board or community college), however
11 styled, which independently exercises any type of governmental
12 function.
13 (j) "Major state project" means any state project
14 meeting the criteria as stated in the rules of the Executive
15 Office of the Governor. Such criteria shall be established
16 after consultation with the Comptroller and appropriate state
17 agencies that provide make state financial assistance awards
18 and shall consider the amount of state project expenditures or
19 expenses or inherent risks. Each major state project shall be
20 audited in accordance with the requirements of this section.
21 (k) "Nonprofit organization" means any corporation,
22 trust, association, cooperative, or other organization that:
23 1. Is operated primarily for scientific, educational
24 service, charitable, or similar purpose in the public
25 interest;
26 2. Is not organized primarily for profit;
27 3. Uses net proceeds to maintain, improve, or expand
28 the operations of the organization; and
29 4. Has no part of its income or profit distributable
30 to its members, directors, or officers.
31
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1 (l) "Nonstate entity" means a local governmental
2 entity, nonprofit organization, or for-profit organization
3 that receives a state resources award.
4 (m) "Recipient" means a nonstate entity that receives
5 a state financial assistance award directly from a state
6 awarding agency.
7 (n) "Schedule of State Financial Assistance" means a
8 document prepared in accordance with the rules of the
9 Comptroller and included in each financial reporting package
10 required by this section.
11 (o) "State award" means state financial assistance
12 provided to a nonstate entity to carry out a state project.
13 (o)(p) "State awarding agency" means the state agency
14 that provided state financial assistance to the nonstate
15 entity for purposes of carrying out a state project.
16 (p)(q) "State financial assistance" means financial
17 assistance from state resources, not including federal
18 financial assistance and state matching, provided to nonstate
19 entities to carry out a state project. "State financial
20 assistance" includes all types of state assistance as stated
21 in the rules of the Executive Office of the Governor
22 established in consultation with the Comptroller and
23 appropriate state agencies that provide state financial
24 assistance make state awards. It includes state financial
25 assistance provided awards made directly by state awarding
26 agencies or indirectly by recipients of state awards or
27 subrecipients. It does not include procurement contracts,
28 under state awards, used to buy goods or services from
29 vendors. Audits of such procurement contracts with vendors are
30 outside of the scope of this section. Also, audits of
31 contracts to operate state-government-owned and
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1 contractor-operated facilities are excluded from the audit
2 requirements of this section.
3 (q)(r) "State matching" means state resources awards
4 provided to nonstate entities to be used to meet federal
5 financial participation matching requirements of federal
6 programs.
7 (r)(s) "State project" means all state financial
8 assistance awards to a nonstate entity assigned a single state
9 project number identifier in the Catalog of State Financial
10 Assistance.
11 (s)(t) "State Projects Compliance Supplement" means a
12 document issued by the Executive Office of the Governor, in
13 consultation with the Comptroller and all state agencies that
14 provide state financial assistance make state awards. The
15 State Projects Compliance Supplement shall identify each major
16 state project and other state projects, the significant
17 compliance requirements, eligibility requirements, matching
18 requirements, suggested audit procedures, and other relevant
19 information determined necessary.
20 (t)(u) "State project-specific audit" means an audit
21 of a nonstate entity's financial statement of one state
22 project in accordance with the requirements of this section.
23 (u)(v) "State single audit" means an audit of a
24 nonstate entity's financial statements and state financial
25 assistance awards. Such audits shall be conducted in
26 accordance with the auditing standards as stated in the rules
27 of the Auditor General.
28 (v)(w) "Subrecipient" means a nonstate entity that
29 receives a state financial assistance award through another
30 nonstate entity, but does not include an individual who
31 receives state financial assistance through such state awards.
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1 (w)(x) "Vendor" means a dealer, distributor, merchant,
2 or other seller providing goods or services that are required
3 for the conduct of a state project. These goods or services
4 may be for an organization's own use or for the use of
5 beneficiaries of the state project.
6 (3) The Executive Office of the Governor shall:
7 (a) Upon conferring with the Comptroller and all state
8 awarding agencies that make state awards, adopt rules
9 necessary to provide appropriate guidance to state awarding
10 agencies, recipients and subrecipients, and independent
11 auditors of state financial assistance relating to the
12 requirements of this section, including:
13 1. The types or classes of financial assistance
14 considered to be state financial assistance which would be
15 subject to the requirements of this section. This would
16 include guidance to assist in identifying when the state
17 agency or recipient has contracted with a vendor rather than
18 with a recipient or subrecipient.
19 2. The criteria for identifying a major state project.
20 3. The criteria for selecting state projects for
21 audits based on inherent risk.
22 (b) Be responsible for coordinating the initial
23 preparation and subsequent revisions of the Catalog of State
24 Financial Assistance after consultation with the Comptroller
25 and all state awarding agencies that award state financial
26 assistance to nonstate entities.
27 (c) Be responsible for coordinating the initial
28 preparation and subsequent revisions of the State Projects
29 Compliance Supplement, after consultation with the Comptroller
30 and all state awarding agencies that award state financial
31 assistance to nonstate entities.
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1 (4) The Comptroller shall:
2 (a) Make enhancements to the state's accounting system
3 to provide for the:
4 1. Recording of state financial assistance and federal
5 financial assistance appropriations and expenditures as
6 separate categories within the state awarding agencies'
7 operating funds.
8 2. Recording of state project number identifiers, as
9 provided in the Catalog of State Financial Assistance, for
10 state financial assistance awards.
11 3. Establishment and recording of an identification
12 code for each financial transaction, including state agencies'
13 disbursements awards of state financial assistance and federal
14 financial assistance, as to the corresponding type or
15 organization that is party to the transaction (e.g., other
16 governmental agencies, nonprofit organizations, and for-profit
17 organizations).
18 (b) Upon conferring with the Executive Office of the
19 Governor and all state awarding agencies that make state
20 awards, adopt rules necessary to provide appropriate guidance
21 to state awarding agencies, recipients and subrecipients, and
22 independent auditors of state financial assistance relating to
23 the format for the Schedule of State Financial Assistance.
24 (c) Perform any inspections, reviews, investigations,
25 or audits of state financial assistance considered necessary
26 in carrying out the Comptroller's legal responsibilities for
27 state financial assistance or to comply with the requirements
28 of this section.
29 (5) Each state awarding agency that makes state awards
30 shall:
31
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1 (a) Provide for each state award to a recipient
2 information needed by the recipient to comply with the
3 requirements of this section, including:
4 1. The audit and accountability requirements for state
5 projects as stated in this section and applicable rules of the
6 Executive Office of the Governor, rules of the Comptroller,
7 and rules of the Auditor General.
8 2. Information from the Catalog of State Financial
9 Assistance, including the standard state project number
10 identifier; official title; legal authorization; and
11 description of the state project including objectives,
12 restrictions, and other relevant information determined
13 necessary.
14 3. Information from the State Projects Compliance
15 Supplement, including the significant compliance requirements,
16 eligibility requirements, matching requirements, suggested
17 audit procedures, and other relevant information determined
18 necessary.
19 (b) Require the recipient, as a condition of receiving
20 state financial assistance, to allow the state awarding
21 agency, the Comptroller, and the Auditor General access to the
22 recipient's records and the recipient's independent auditor's
23 working papers as necessary for complying with the
24 requirements of this section.
25 (c) Notify the recipient that this section does not
26 limit the authority of the state awarding agency to conduct or
27 arrange for the conduct of additional audits or evaluations of
28 state financial assistance or limit the authority of any state
29 agency inspector general, the Auditor General, or any other
30 state official.
31
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1 (d) Be provided one copy of each financial reporting
2 package prepared in accordance with the requirement of this
3 section.
4 (e) Review the recipient financial reporting package,
5 including the management letters and corrective action plans,
6 to the extent necessary to determine whether timely and
7 appropriate corrective action has been taken with respect to
8 audit findings and recommendations pertaining to state
9 financial assistance provided awards made by the state agency.
10 (6) As a condition of receiving state financial
11 assistance, each recipient that provides state financial
12 assistance to a subrecipient shall:
13 (a) Provide for each state award to a subrecipient
14 information needed by the subrecipient to comply with the
15 requirements of this section, including:
16 1. Identification of the state awarding agency.
17 2. The audit and accountability requirements for state
18 projects as stated in this section and applicable rules of the
19 Executive Office of the Governor, rules of the Comptroller,
20 and rules of the Auditor General.
21 3. Information from the Catalog of State Financial
22 Assistance, including the standard state project number
23 identifier; official title; legal authorization; and
24 description of the state project, including objectives,
25 restrictions, and other relevant information.
26 4. Information from the State Projects Compliance
27 Supplement including the significant compliance requirements,
28 eligibility requirements, matching requirements, and suggested
29 audit procedures, and other relevant information determined
30 necessary.
31
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1 (b) Review the subrecipient audit reports, including
2 the management letters, to the extent necessary to determine
3 whether timely and appropriate corrective action has been
4 taken with respect to audit findings and recommendations
5 pertaining to state financial assistance provided awards made
6 by the state agency.
7 (c) Perform such other procedures as specified in
8 terms and conditions of the written agreement with the state
9 awarding agency including any required monitoring of the
10 subrecipient's use of state financial assistance through
11 onsite visits, limited scope audits, or other specified
12 procedures.
13 (d) Require subrecipients, as a condition of receiving
14 state financial assistance, to permit the independent auditor
15 of the recipient, the state awarding agency, the Comptroller,
16 and the Auditor General access to the subrecipient's records
17 and the subrecipient's independent auditor's working papers as
18 necessary to comply with the requirements of this section.
19 (7) Each recipient or subrecipient of state financial
20 assistance shall comply obtain an audit that complies with the
21 following:
22 (a) Each nonstate entity that receives state financial
23 assistance awards and meets audit threshold requirements, in
24 any fiscal year of the nonstate entity, as stated in the rules
25 of the Auditor General, shall have a state single audit
26 conducted for such fiscal year in accordance with the
27 requirements of this act and with additional requirements
28 established in rules of the Executive Office of the Governor,
29 rules of the Comptroller, and rules of the Auditor General. If
30 only one state project is involved in a nonstate entity's
31 fiscal year, the nonstate entity may elect to have require
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1 only a state project-specific compliance audit of the state
2 project for that fiscal year.
3 (b) Each nonstate entity that receives state financial
4 assistance awards and does not meet the threshold
5 requirements, in any fiscal year of the nonstate entity, as
6 stated in this law or the rules of the Auditor General is
7 exempt for such fiscal year from the state single audit
8 requirements of this section. However, such nonstate entity
9 must meet terms and conditions specified in the written
10 agreement with the state awarding agency.
11 (c) Regardless of the amount of the state financial
12 assistance award, the provisions of this section do not exempt
13 a nonstate entity from compliance with provisions of law
14 relating to maintaining records concerning state financial
15 assistance awards to such nonstate entity or allowing access
16 and examination of those records by the state awarding agency,
17 the Comptroller, or the Auditor General.
18 (d) Audits conducted pursuant to this section shall be
19 performed annually.
20 (e) Audits conducted pursuant to this section shall be
21 conducted by independent auditors in accordance with auditing
22 standards as stated in rules of the Auditor General.
23 (f) Upon completion of the audit as required by this
24 section, a copy of the recipient's financial reporting package
25 shall be filed with the state awarding agency and the Auditor
26 General. Upon completion of the audit as required by this
27 section, a copy of the subrecipient's financial reporting
28 package shall be filed with the recipient that provided the
29 state financial assistance. The financial reporting package
30 shall be filed in accordance with the rules of the Auditor
31 General.
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1 (g) All financial reporting packages prepared pursuant
2 to the requirements of this section shall be available for
3 public inspection.
4 (h) If an audit conducted pursuant to this section
5 discloses any significant audit findings relating to state
6 financial assistance, including material noncompliance with
7 individual major state project compliance requirements or
8 reportable conditions in internal controls of the nonstate
9 entity, the nonstate entity shall submit as part of the audit
10 package to the state awarding agency a plan for corrective
11 action to eliminate such audit findings or a statement
12 describing the reasons that corrective action is not
13 necessary.
14 (i) An audit conducted in accordance with this section
15 is in addition to any audit of federal awards required by the
16 federal Single Audit Act and other federal laws and
17 regulations. To the extent that such federally required audits
18 provide the state awarding agency with information it requires
19 to carry out its responsibilities under state law or other
20 guidance, a state agency shall rely upon and use that
21 information.
22 (j) Unless prohibited by law, the cost of audits
23 pursuant to this section are allowable charges to state
24 projects. However, any charges to state projects should be
25 limited to those incremental costs incurred as a result of the
26 audit requirements of this section in relation to other audit
27 requirements. The nonstate entity should allocate such
28 incremental costs to all state projects for which it expended
29 state financial assistance.
30 (k) Audit costs may not be charged to state projects
31 when audits required by this section have not been made or
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1 have been made but not in accordance with this section. If a
2 nonstate entity fails to have an audit conducted consistent
3 with this section, state awarding agencies may take
4 appropriate corrective action to enforce compliance.
5 (l)(j) This section does not prohibit the state
6 awarding agency from including terms and conditions in the
7 written agreement which require additional assurances that
8 state financial assistance meets awards meet the applicable
9 requirements of laws, regulations, and other compliance rules.
10 (m)(k) A state awarding agency that provides state
11 financial assistance awards to nonstate entities and conducts
12 or arranges for audits of state financial assistance awards
13 that are in addition to the audits conducted under this act
14 shall, consistent with other applicable law, arrange for
15 funding the full cost of such additional audits.
16 (8) The independent auditor when conducting a state
17 single audit of recipients or subrecipients shall:
18 (a) Determine whether the nonstate entity's financial
19 statements are presented fairly in all material respects in
20 conformity with generally accepted accounting principles.
21 (b) Determine whether state financial assistance
22 awards shown on the Schedule of State Financial Assistance is
23 are presented fairly in all material respects in relation to
24 the nonstate entity's financial statements taken as a whole.
25 (c) With respect to internal controls pertaining to
26 each major state project:
27 1. Obtain an understanding of internal controls;
28 2. Assess control risk;
29 3. Perform tests of controls unless the controls are
30 deemed to be ineffective; and
31
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1 4. Determine whether the nonstate entity has internal
2 controls in place to provide reasonable assurance of
3 compliance with the provisions of laws, regulations, and other
4 rules pertaining to state financial assistance awards that
5 have a material effect on each major state project.
6 (d) Determine whether each major state project
7 complied with the provisions of laws, rules, and guidelines as
8 identified in the State Projects Compliance Supplement, or
9 otherwise identified by the state awarding agency, which have
10 a material effect on each major state project. When major
11 state projects are less than 50 percent of the nonstate
12 entity's total expenditures for all state financial assistance
13 awards, the auditor shall select and test additional state
14 projects as major state projects as necessary to achieve audit
15 coverage of at least 50 percent of the expenditures for all
16 state financial assistance provided awards to the nonstate
17 entity. Additional state projects needed to meet the
18 50-percent requirement may be selected on an inherent risk
19 basis as stated in the rules of the Executive Office of the
20 Governor.
21 (e) Report on the results of any audit conducted
22 pursuant to this section in accordance with the rules of the
23 Executive Office of the Governor, rules of the Comptroller,
24 and rules of the Auditor General. Audit reports shall include
25 summaries of the auditor's results regarding the nonstate
26 entity's financial statements; Schedule of State Financial
27 Assistance; internal controls; and compliance with laws,
28 rules, and guidelines other compliance guidance.
29 (f) Issue a management letter as prescribed in the
30 rules of the Auditor General.
31
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1 (g) Upon notification by the nonstate entity, make
2 available the working papers relating to the audit conducted
3 pursuant to the requirements of this section to the state
4 awarding agency, the Comptroller, or the Auditor General for
5 review or copying.
6 (9) The independent auditor, when conducting a state
7 project-specific audit of recipients or subrecipients, shall:
8 (a) Determine whether the nonstate entity's financial
9 statements of the state project are presented fairly in all
10 material respects in conformity with stated accounting
11 policies.
12 (b) Obtain an understanding of internal control and
13 perform tests of internal control over the state project
14 consistent with the requirements of a major state project.
15 (c) Determine whether or not the auditee has complied
16 with applicable provisions of laws, rules, and guidelines as
17 identified in the State Projects Compliance Supplement, or
18 otherwise identified by the state awarding agency, which could
19 have a direct and material effect on the state project.
20 (d) Report on the results of a state project-specific
21 audit consistent with the requirements of the state single
22 audit and issue a management letter as prescribed in the rules
23 of the Auditor General.
24 (e) Upon notification by the nonstate entity, make
25 available the working papers relating to the audit conducted
26 pursuant to the requirements of this section to the state
27 awarding agency, the Comptroller, or the Auditor General for
28 review or copying.
29 (10)(9) The Auditor General shall:
30 (a) Have the authority to audit state financial
31 assistance provided to any nonstate entity when determined
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1 necessary by the Auditor General or when directed by the
2 Legislative Auditing Committee.
3 (b) Adopt rules that state the auditing standards that
4 independent auditors are to follow for audits of nonstate
5 entities required by this section.
6 (c) Adopt rules that describe the contents and the
7 filing deadlines for the financial reporting package.
8 (d) Provide technical advice upon request of the
9 Comptroller, Executive Office of the Governor, and state
10 agencies relating to financial reporting and audit
11 responsibilities contained in this section.
12 (e) Be provided one copy of each financial reporting
13 package prepared in accordance with the requirements of this
14 section.
15 (f) Perform ongoing reviews of a sample of financial
16 reporting packages filed pursuant to the requirements of this
17 section to determine compliance with the reporting
18 requirements of this section and applicable rules of the
19 Executive Office of the Governor, rules of the Comptroller,
20 and rules of the Auditor General.
21 Section 58. Section 216.331, Florida Statutes, is
22 transferred and renumbered as section 215.965, Florida
23 Statutes.
24 Section 59. Section 216.3505, Florida Statutes, is
25 transferred and renumbered as section 215.966, Florida
26 Statutes.
27 Section 60. Sections 216.001, 216.0154, 216.0162,
28 216.0166, 216.0172, 216.0235, 216.0315, 216.091, 216.111,
29 216.281, and 216.286, Florida Statutes, are repealed.
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1 Section 61. This act shall take effect July 1, 2000,
2 and shall apply to preparation of the state budget beginning
3 with fiscal year 2001-2002.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1466
3
4 Creates the Legislative Budget Commission in s. 11.90, F.S.,
as a standing joint committee of the Legislature, and replaces
5 the Administration Commission with a Legislative Budget
Commission for purposes of budget implementation.
6
Replaces the "budget entity" with "service," and "Program
7 Component" with "Program" to reflect the new budget format.
8 Creates s. 216.013, F.S., to define "long-range program plan"
and provide requirements for agency plans.
9
Requires state agencies to submit adjustments to performance
10 standards to reflect final appropriation amounts.
11 Restores the requirement for the Governor and Chief Justice
hold at least one public hearing prior to submission of their
12 budgets to the legislature.
13 Eliminates references to the statement of intent.
14 Clarifies that salary rate will be controlled at the
department level except in the Department of Education where
15 it will be controlled at the division level.
16 Creates s. 216.182, F.S., that requires the Legislative Budget
Commission to implement zero-base budgeting reviews on an
17 8-year cycle for all state agencies.
18 Provides budget flexibility and transfer authority for state
agencies and the judiciary at the program level and links this
19 flexibility to achievement of performance expectations.
20 Transfers and renumbers as s. 11.45(11), F.S., authority for
Auditor General to audit direct-support organizations.
21
Amends s. 120.65, F.S., to delete the 21-day time limitation
22 on action by the Executive Office of the Governor on requests
for budget action by the Division of Administrative Hearings.
23
Amends s. 186.002(2), F.S., to conform planning terminology by
24 changing from "State agency strategic" plans to "Long-range
program" plans.
25
Amends s. 186.003, F.S., to replace the definition of "state
26 agency strategic" plan with "long-range program" plan and
clarifies the definition of "state Agency."
27
Amends s. 186.021, F.S., to conform planning terminology by
28 changing from "State agency strategic" plans to "Long-range
program" plans and clearly link long-range program plans to
29 development of agency budget requests; deletes obsolete
language.
30
Amends s. 186.022, F.S., to replace references and
31 requirements for state agency strategic plans with
requirements for information resource strategic plans to be
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1 submitted by designated boards and commissions.
2 Exempts Tobacco Settlement Trust Funds from the service charge
to general revenue.
3
Transfers, renumbers, and amends s. 216.3491, F.S., related to
4 the Single Audit Act.
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