Senate Bill 1466e1

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    CS for SB 1466                           First Engrossed (ntc)



  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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    CS for SB 1466                           First Engrossed (ntc)



  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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    CS for SB 1466                           First Engrossed (ntc)



  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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    CS for SB 1466                           First Engrossed (ntc)



  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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    CS for SB 1466                           First Engrossed (ntc)



  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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    CS for SB 1466                           First Engrossed (ntc)



  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

31


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    CS for SB 1466                           First Engrossed (ntc)



  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)  "Budget entity" means a unit or function at the

20  lowest level to which funds are specifically appropriated in

21  the appropriations act. "Budget entity" and "service" have the

22  same meaning.

23         (f)  "Consultation" means to deliberate and seek advice

24  in an open and forthright manner with the full committee, a

25  subcommittee thereof, the chair, or the staff as deemed

26  appropriate by the chair of the respective appropriations

27  committee.

28         (g)  "Continuing appropriation" means an appropriation

29  automatically renewed without further legislative action,

30  period after period, until altered or revoked by the

31  Legislature.


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    CS for SB 1466                           First Engrossed (ntc)



  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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    CS for SB 1466                           First Engrossed (ntc)



  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. Solely for the purposes of implementing s. 19(h),

29  Art. III of the State Constitution under this chapter, "state

30  agency" or "agency" includes the judicial branch.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (u)  "Legislative branch" means the various officers,

  2  committees, and other units of the legislative branch of state

  3  government.

  4         (v)  "Agency Legislative budget request" means a

  5  request to the Legislature, filed pursuant to s. 216.023, or

  6  supplemental detailed requests filed with the Legislature, for

  7  the amounts of money such agency or branch believes will be

  8  needed in the performance of the functions that it is

  9  authorized, or which it is requesting authorization by law, to

10  perform.

11         (w)  "Lump-sum appropriation" means the category used

12  to fund funds appropriated to accomplish a specific activity

13  or project which must be transferred to one or more

14  appropriation categories for expenditure.

15         (x)  "Operating capital outlay" means the category used

16  to fund equipment, fixtures, and other tangible personal

17  property of a nonconsumable and nonexpendable nature, the

18  value or cost of which is $1,000 or more and the normal

19  expected life of which is 1 year or more, and hardback-covered

20  bound books that are circulated to students or the general

21  public, the value or cost of which is $25 or more, and

22  hardback-covered bound books, the value or cost of which is

23  $250 or more.

24         (y)  "Original approved budget" means the approved plan

25  of operation of an agency or of the judicial branch consistent

26  with the General Appropriations Act or special appropriations

27  acts.

28         (z)  "Other personal services" means the category used

29  to fund the compensation for services rendered by a person who

30  is not a regular or full-time employee filling an established

31  position.  This definition includes, but is not limited to,


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    CS for SB 1466                           First Engrossed (ntc)



  1  services of temporary employees, student or graduate

  2  assistants, persons on fellowships, part-time academic

  3  employees, board members, and consultants and other services

  4  specifically budgeted by each agency, or by the judicial

  5  branch, in this category.

  6         1.  In distinguishing between payments to be made from

  7  salaries and benefits appropriations and

  8  other-personal-services appropriations:,

  9         1.  Those persons filling established positions shall

10  be paid from salaries and benefits appropriations and those

11  persons performing services for a state agency or for the

12  judicial branch, but who are not filling established

13  positions, shall be paid from other-personal-services

14  appropriations.

15         2.  It is further intended that Those persons paid from

16  salaries and benefits appropriations shall be state officers

17  or employees and shall be eligible for membership in a state

18  retirement system and those paid from other-personal-services

19  appropriations shall not be eligible for such membership.

20         (aa)  "Part-time position" means a position authorized

21  for less than the entire normally established work period,

22  daily, weekly, monthly, or annually.

23         (aa)(bb)  "Pay plan" means a document which formally

24  describes the philosophy, methods, procedures, and salary

25  schedule for compensating employees for work performed.

26         (cc)  "Perquisites" means those things, or the use

27  thereof, or services of a kind which confer on the officers or

28  employees receiving same some benefit that is in the nature of

29  additional compensation, or which reduces to some extent the

30  normal personal expenses of the officer or employee receiving

31  the same, and shall include, but not be limited to, such


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    CS for SB 1466                           First Engrossed (ntc)



  1  things as quarters, subsistence, utilities, laundry services,

  2  medical service, use of state-owned vehicles for other than

  3  state purposes, servants paid by the state, and other similar

  4  things.

  5         (bb)(dd)  "Position" means the work, consisting of

  6  duties and responsibilities, assigned to be performed by an

  7  officer or employee.

  8         (cc)(ee)  "Position number" means the identification

  9  number assigned to an established position.

10         (dd)(ff)  "Program component" means an aggregation of

11  generally related objectives which, because of their special

12  character, related workload, and interrelated output, can

13  logically be considered an entity for purposes of

14  organization, management, accounting, reporting, and

15  budgeting.

16         (ee)(gg)  "Proviso" means language that qualifies or

17  restricts a specific appropriation and which can be logically

18  and directly related to the specific appropriation.

19         (ff)(hh)  "Reclassification" means changing an

20  established position in one class in a series to the next

21  higher or lower class in the same series or to a class in a

22  different series which is the result of a natural change in

23  the duties and responsibilities of the position.

24         (ii)  "Revolving fund" means a cash fund maintained

25  within or outside of the State Treasury and established from

26  an appropriation, to be used by an agency or the judicial

27  branch in making authorized expenditures.

28         (gg)(jj)  "Salary" means the cash compensation for

29  services rendered for a specific period of time.

30

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    CS for SB 1466                           First Engrossed (ntc)



  1         (hh)(kk)  "Salary schedule" means an official document

  2  which contains a complete list of classes and their assigned

  3  salary ranges.

  4         (ii)(ll)  "Special category" means the category used to

  5  fund amounts appropriated for a specific need or

  6  classification of expenditures.

  7         (jj)(mm)  "State agency" or "agency" means any

  8  official, officer, commission, board, authority, council,

  9  committee, or department of the executive branch of state

10  government.  For purposes of this chapter and chapter 215,

11  "state agency" or "agency" includes, but is not limited to,

12  state attorneys, public defenders, the Capital Collateral

13  Regional Counsels Representative, and the Justice

14  Administrative Commission, the Florida Housing Finance

15  Corporation, and the Public Service Commission.

16         (nn)  "State revenue sharing" means statutory or

17  constitutional distributions to local units of government.

18         (kk)(oo)  "Title of position," or "class of positions"

19  means the official name assigned to a position or class of

20  positions.

21         (ll)(pp)  "Grants and Aids to Local Governments and

22  Nonstate Entities-Fixed Nonprofit Organizations-Fixed Capital

23  Outlay" means the that appropriation category used to fund

24  which includes:

25         1.  Grants to local units of governments or nonstate

26  entities and nonprofit organizations for the acquisition of

27  real property (land, buildings, including appurtenances,

28  fixtures and fixed equipment, structures, etc.); additions,

29  replacements, major repairs, and renovations to real property

30  which materially extend its useful life or materially improve

31  or change its functional use; and operating capital outlay


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    CS for SB 1466                           First Engrossed (ntc)



  1  necessary to furnish and operate a new or improved facility;

  2  and

  3         2.  Grants to local units of government for their

  4  respective infrastructure and growth management needs related

  5  to local government comprehensive plans.

  6

  7  Funds appropriated to local units of government and nonprofit

  8  organizations under this category may be advanced in part or

  9  in whole.

10         (mm)(qq)  "Baseline data" means indicators of a state

11  agency's current performance level, pursuant to guidelines

12  established by the Executive Office of the Governor, in

13  consultation with legislative appropriations and appropriate

14  substantive committees.

15         (nn)(rr)  "Outcome" means an indicator of the actual

16  impact or public benefit of a program.

17         (oo)(ss)  "Output" means the actual service or product

18  delivered by a state agency.

19         (pp)(tt)  "Performance-based program budget" means a

20  budget that incorporates approved programs and performance

21  measures.

22         (qq)(uu)  "Performance measure" means a quantitative or

23  qualitative indicator used to assess state agency performance.

24         (rr)(vv)  "Program" means a set of activities

25  undertaken in accordance with a plan of action organized to

26  realize identifiable goals and objectives based on legislative

27  authorization.

28         (ss)(ww)  "Standard" means the level of performance of

29  an outcome or output.

30

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    CS for SB 1466                           First Engrossed (ntc)



  1         (tt)  "Food products" means the category used to fund

  2  food consumed and purchased in state-run facilities that

  3  provide housing to individuals.

  4         (uu)  "Salaries and benefits" means the category used

  5  to fund the monetary or cash-equivalent compensation for work

  6  performed by state employees for a specific period of time.

  7  Benefits shall be as provided by law.

  8         (vv)  "Agency budget instructions" means the annual set

  9  of instructions developed to assist agencies in submitting

10  budget requests to the Legislature and to generate information

11  necessary for budgetary decisionmaking. Such instructions may

12  include program-based performance budget instructions.

13         (xx)  "Performance-based program appropriation" means

14  funds appropriated for a specific set of activities or

15  classification of expenditure within an approved

16  performance-based program.

17         (yy)  "Performance ledger" means the official

18  compilation of information about state agency

19  performance-based programs and measures, including approved

20  programs, approved outputs and outcomes, baseline data,

21  approved standards for each performance measure and any

22  approved adjustments thereto, as well as actual agency

23  performance for each measure.

24         (2)  For purposes of this chapter, the term:

25         (a)  "Approved operating budget" or "approved budget"

26  means the plan of operations consisting of the original

27  approved operating budget and statement of intent.

28         (b)  "Commission" means the Legislative Budget

29  Administration Commission created in s. 11.90 composed of the

30  Governor and Cabinet.

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    CS for SB 1466                           First Engrossed (ntc)



  1         (c)  "Emergency situation" means a set of conditions

  2  that were unforeseen at the time the General Appropriations

  3  Act was adopted and that are essential to correct in order to

  4  continue the operation of government, or a set of conditions

  5  that were not considered in the General Appropriations Act and

  6  that constitute an imminent threat to public health, safety,

  7  or welfare. This definition shall not apply to the emergency

  8  provisions of chapter 252.

  9         (d)  "Impoundment" means the omission of any

10  appropriation or part of an appropriation in the approved

11  operating plan prepared pursuant to the provisions of s.

12  216.181 or in the schedule of releases prepared pursuant to

13  the provisions of s. 216.192 or the failure of any state

14  agency or the judicial branch to spend an appropriation for

15  the stated purposes authorized in the approved operating

16  budget.

17         Section 2.  Section 216.013, Florida Statutes, is

18  created to read:

19         216.013  Long-range program plan.--

20         (1)  State agencies shall develop long-range program

21  plans to achieve state goals using an interagency planning

22  process that includes the development of integrated agency

23  program service outcomes.  The plan shall cover a period of 5

24  fiscal years and shall become effective July 1 each year.

25  Long-range program plans shall provide the framework for the

26  development of agency budget requests and shall:

27         (a)  Identify agency programs and address how agency

28  programs will be used to implement state policy and achieve

29  state goals and program component objectives;

30         (b)  Identify and describe agency services and how they

31  will be used to achieve designated outcomes;


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    CS for SB 1466                           First Engrossed (ntc)



  1         (c)  Identify activities and associated demand, output,

  2  and total costs and unit costs for each activity;

  3         (d)  Provide information regarding performance

  4  measurement, which includes, but is not limited to, how data

  5  is collected, the methodology used to measure a performance

  6  indicator, the validity and reliability of a measure, the

  7  appropriateness of a measure, and whether the agency inspector

  8  general has assessed the reliability and validity of agency

  9  performance measures, pursuant to s. 20.055(2);

10         (e)  Identify and justify facility and fixed capital

11  outlay projects and their associated costs; and

12         (f)  Identify and justify information technology

13  infrastructure and applications and their associated costs for

14  information technology projects or initiatives.

15         (2)  All agency programs, services, and activities and

16  their costs shall be carefully evaluated and justified by the

17  agency.  The justification must clearly demonstrate the needs

18  of agency customers and clients and why the agency is

19  proposing programs, services, and activities and their

20  associated costs to address the needs based on state

21  priorities, the agency mission, and legislative authorization.

22  Further, the justification must show how agency programs,

23  services, and activities are integrated and contribute to the

24  overall achievement of state goals.  Facilities, fixed capital

25  outlay and information technology infrastructure, and

26  applications shall be evaluated pursuant to ss. 216.0158,

27  216.043, and 216.0446, respectively.

28         (3)  Long-range program plans shall be submitted to the

29  Executive Office of the Governor by August 1 of each year in a

30  form and manner prescribed by the Executive Office of the

31  Governor and the chairs of the legislative appropriations


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    CS for SB 1466                           First Engrossed (ntc)



  1  committees. Such long-range program plans for the Judicial

  2  Branch shall be submitted by the Chief Justice of the Supreme

  3  Court to the President of the Senate and the Speaker of the

  4  House of Representatives, and a copy shall be provided to the

  5  Executive Office of the Governor.

  6         (4)  The Executive Office of the Governor shall review

  7  the long-range program plans for executive agencies to ensure

  8  that they are consistent with the state's goals and objectives

  9  and other requirements as specified in the written

10  instructions and that they provide the framework and context

11  for the agency's budget request. In its review, the Executive

12  Office of the Governor shall consider the findings of the

13  Technology Review Workgroup as to the consistency of the

14  information technology portion of long-range program plans

15  with the State Annual Report on Information Resources

16  Management and statewide policies recommended by the State

17  Technology Council and the state's plan for facility needs

18  pursuant to s. 216.0158. Based on the results of the review,

19  the Executive Office of the Governor may require an agency to

20  revise the plan.

21         (5)  Executive agencies shall incorporate all revisions

22  required by the Governor within 14 working days.

23         (6)  Any differences between executive agencies

24  regarding the programs, policies, or long-range program plans

25  of such agencies shall be mediated by the Executive Office of

26  the Governor.

27         (7)  Each executive agency shall transmit copies of its

28  long-range program plan and all written comments on its plan

29  to the President of the Senate and the Speaker of the House of

30  Representatives not later than 60 days prior to the next

31  regular session of the Legislature.


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    CS for SB 1466                           First Engrossed (ntc)



  1         (8)  Long-range program plans developed pursuant to

  2  this chapter are not rules and therefore are not subject to

  3  the provisions of chapter 120.

  4         (9)  Agencies and the Judicial Branch shall make

  5  appropriate adjustments to their long-range program plans to

  6  be consistent with the appropriations and performance measures

  7  in the General Appropriations Act. Agencies and the Judicial

  8  Branch have until June 15 to make adjustments to their plans

  9  and submit the adjusted plans to the Executive Office of the

10  Governor for review.

11         Section 3.  Subsections (2) and (4) of section 216.015,

12  Florida Statutes, are amended to read:

13         216.015  Capital facilities planning and budgeting

14  process.--

15         (2)  The Legislature finds that:

16         (a)  The condition of the state's infrastructure,

17  including its roads, water and sewer facilities, state office

18  buildings, bridges, ports, airports, canals, prisons,

19  educational facilities, park and recreational facilities, and

20  other capital assets, are in need of repair, expansion, and

21  replacement at a time when the fiscal resources of the state

22  are increasingly being strained by the competing demands for

23  state services and capital improvements.

24         (b)  The high degree of coordination among the various

25  branches of state government, local government, and public

26  benefit corporations which is necessary to maximize the

27  potential public benefits to be derived from the limited

28  financial resources which will be dedicated to public capital

29  improvements within this state in the future is lacking.

30         (c)  There is a need to establish a comprehensive

31  capital facilities planning and budgeting process that which


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    CS for SB 1466                           First Engrossed (ntc)



  1  is fully integrated with the state financial planning and debt

  2  management activities and that which incorporates the

  3  long-range plans of all state agencies and the judicial branch

  4  and major public benefit corporations to ensure that projects

  5  with the greatest potential for improving the prosperity and

  6  well-being of the people of the state receive their proper

  7  allocation of limited resources.

  8         (d)  There is currently no mechanism in place for

  9  managing the debt structure of the state by matching the

10  capital facility needs of the state with the amounts and

11  sources of funds which could be made available to meet those

12  needs.

13

14  It is, therefore, the intent of the Legislature in enacting

15  this legislation that a comprehensive capital facilities

16  planning and budgeting process be established and maintained

17  to enable the state to better meet the demands for new and

18  properly maintained infrastructure in a fiscally responsible

19  manner.

20         (4)  In order to carry out this act, the Executive

21  Office of the Governor is designated as the agency responsible

22  for the coordination, development, and direction, monitoring,

23  and evaluation of the comprehensive capital facilities

24  planning and budgeting process, including the plans revised

25  pursuant to that process. The Executive Office of the Governor

26  shall publish an annual report of the progress being made by

27  the state toward meeting the state goals and objectives of the

28  plans.

29         Section 4.  Subsection (3) of section 216.0152, Florida

30  Statutes, is amended to read:

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         216.0152  Inventory of state-owned facilities or

  2  state-occupied facilities.--

  3         (3)  The Department of Management Services shall, every

  4  3 years, publish a complete report detailing this inventory

  5  and shall publish an annual update of the report.  The

  6  department shall furnish the updated report to the Executive

  7  Office of the Governor and the Legislature no later than

  8  September 15 1 of each year.

  9         Section 5.  Subsections (2), (4), and (5) of section

10  216.0158, Florida Statutes, are amended to read:

11         216.0158  Assessment of facility needs.--

12         (2)  On or before September 15 1 of each year, each

13  state agency, as defined in s. 216.011, shall submit to the

14  Executive Office of the Governor, and each district court of

15  appeal and the Marshal of the Supreme Court shall submit to

16  the Chief Justice of the Supreme Court, in a manner prescribed

17  by the agency legislative budget instructions, a short-term

18  plan for facility needs covering the next 5-year period.  The

19  short-term plan shall list the agency's or judicial branch's

20  facility needs in order of priority and shall include

21  preventive maintenance strategies, expected replacement of

22  existing facilities, expected improvements or additions to

23  facilities on a specific project-by-project basis, estimated

24  cost, and other information as prescribed by the agency

25  legislative budget instructions.  At the same time, when

26  directed in the legislative budget instructions as provided in

27  s. 216.023(3), each agency shall submit to the Executive

28  Office of the Governor, and each district court of appeal and

29  the Marshal of the Supreme Court shall submit to the Chief

30  Justice of the Supreme Court, who shall submit copies to the

31  legislative appropriations committees, in a format prescribed


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    CS for SB 1466                           First Engrossed (ntc)



  1  by the instructions, a long-term plan for the 5 years

  2  following the period of the short-term plan.  The long-term

  3  plan shall outline forecasted agency facility needs.  The

  4  Chief Justice shall certify the final approved plan for the

  5  judicial branch to the Executive Office of the Governor which

  6  shall include the plan, without modification, in the state

  7  comprehensive plan.

  8         (4)  Each of The first year 2 years of the plan

  9  referred to in subsection (2) shall comport with the

10  requirements of s. 216.043.

11         (5)  Each plan for years 2 3 through 5 shall provide

12  the following information:

13         (a)  A full explanation of the basis for each project,

14  including a description of the function which requires the

15  facility; an explanation of the inability of existing

16  facilities to meet such requirements; historical background;

17  alternatives; and anticipated changes in both initial and

18  continuing operating costs.

19         (b)  An application of standards and criteria to

20  establish the scope of each project.

21         (c)  An application of cost factors to all elements of

22  each project to establish an estimate of funding requirements.

23         (d)  A request for a legislative appropriation to

24  provide such funding in the appropriate fiscal year, including

25  the need for advance funding of programming and design

26  activities.

27         Section 6.  Paragraph (a) of subsection (2) of section

28  216.016, Florida Statutes, is amended to read:

29         216.016  Evaluation of plans; determination of

30  financing method.--

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (2)(a)  The Executive Office of the Governor shall

  2  develop a finance plan for meeting the state's infrastructure

  3  and fixed capital outlay needs, which shall be incorporated

  4  into the Governor's recommended budget submitted to the

  5  Legislature pursuant to s. 216.162.

  6         Section 7.  Section 216.023, Florida Statutes, is

  7  amended to read:

  8         216.023  Agency Legislative budget requests to be

  9  furnished to Legislature by agencies.--

10         (1)  The head of each state agency shall submit an

11  agency a final legislative budget request to the Legislature

12  and to the Governor, as chief budget officer of the state, in

13  the form and manner prescribed in the budget instructions and

14  at such time as specified by the Executive Office of the

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

16  needs.  However, no state agency shall submit its complete

17  agency final legislative budget request, including all

18  supporting forms and schedules required by this chapter, later

19  than September 15 1 of each year.

20         (2)  The judicial branch and the Division of

21  Administrative Hearings shall submit their complete agency

22  final legislative budget requests directly to the Legislature

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

24  state, in the form and manner as prescribed in the budget

25  instructions.  However, the complete agency final legislative

26  budget requests, including all supporting forms and schedules

27  required by this chapter, shall be submitted no later than

28  September 15 1 of each year.

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

30  appropriations committees of the Legislature shall jointly

31  develop agency legislative budget instructions for preparing


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    CS for SB 1466                           First Engrossed (ntc)



  1  the exhibits and schedules that make up the agency budget from

  2  which each agency and the judicial branch, pursuant to ss.

  3  216.031 and 216.043, shall prepare their legislative budget

  4  request.  The budget instructions shall be consistent with s.

  5  216.141 and shall be transmitted to each agency and to the

  6  judicial branch no later than June 15 of each year.  In the

  7  event that agreement cannot be reached between the Executive

  8  Office of the Governor and the appropriations committees of

  9  the Legislature regarding agency legislative budget

10  instructions, the issue shall be resolved by the Governor, the

11  President of the Senate, and the Speaker of the House of

12  Representatives.

13         (4)  The agency budget request must contain for each

14  program:

15         (a)  The constitutional or statutory authority for a

16  program, a brief purpose statement, and approved program

17  components.

18         (b)  Information on expenditures for 3 fiscal years

19  (actual prior-year expenditures, current-year estimated

20  expenditures, and agency budget requested expenditures for the

21  next fiscal year) by appropriation category.

22         (c)  Details on trust funds and fees.

23         (d)  The total number of positions (authorized, fixed,

24  or requested).

25         (e)  An issue narrative describing and justifying

26  changes in amounts and positions requested for current and

27  proposed programs for the next fiscal year.

28         (f)  Information resource requests.

29         (g)  Legislatively approved output and outcome

30  performance measures and any proposed revisions to measures.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (h)  Proposed performance standards for each

  2  performance measure and justification for the standards and

  3  the sources of data to be used for measurement.

  4         (i)  Prior-year performance data on approved

  5  performance measures and an explanation of deviation from

  6  expected performance. Performance data must be assessed for

  7  reliability in accordance with s. 20.055.

  8         (j)  Unit costs for approved output measures pursuant

  9  to s. 186.022.

10         (k)  Proposed performance incentives and disincentives.

11         (5)  Prior to September 15 of the fiscal year prior to

12  which the judicial branch is required to submit a

13  performance-based program budget request, the Chief Justice of

14  the Supreme Court shall identify and, after consultation with

15  the Office of Program Policy Analysis and Government

16  Accountability, submit to the President of the Senate and the

17  Speaker of the House of Representatives a list of proposed

18  programs and associated performance measures. The judicial

19  branch shall provide documentation to accompany the list of

20  proposed programs and performance measures as provided under

21  s. 216.023(4). The judicial branch shall submit a

22  performance-based program agency budget request using the

23  programs and performance measures adopted by the Legislature.

24  The Chief Justice may propose revisions to approved programs

25  or performance measures for the judicial branch. The

26  Legislature shall have final approval of all programs and

27  associated performance measures and standards for the judicial

28  branch through the General Appropriations Act or legislation

29  implementing the General Appropriations Act. By September 15,

30  2001, the Chief Justice of the Supreme Court shall submit to

31  the President of the Senate and the Speaker of the House of


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    CS for SB 1466                           First Engrossed (ntc)



  1  Representatives a performance-based program budget request for

  2  programs of the judicial branch approved by the Legislature

  3  and provide a copy to the Executive Office of the Governor.

  4         (6)  Agencies must maintain a comprehensive performance

  5  accountability system and provide a list of performance

  6  measures maintained by the agency which are in addition to the

  7  measures approved by the Legislature.

  8         (7)  Annually, no later than 45 days after the General

  9  Appropriations Act becomes law, executive agencies shall

10  submit to the Executive Office of the Governor adjustments to

11  their performance standards based on the amounts appropriated

12  for each program by the Legislature. When such an adjustment

13  is made, all performance standards, including any adjustments

14  made, shall be reviewed and revised as necessary by the

15  Executive Office of the Governor and, upon approval, submitted

16  to the Legislature pursuant to the review and approval process

17  provided in s. 216.177. The Senate Committee on Fiscal Policy

18  and the House of Representatives Fiscal Responsibility Council

19  shall advise Senate substantive committees and House of

20  Representatives substantive committees, respectively, of all

21  adjustments made to performance standards or measures. The

22  Executive Office of the Governor shall maintain both the

23  official record of adjustments to the performance standards as

24  part of the agency's approved operating budget and the

25  official performance ledger. As used in this section,

26  "performance ledger" means the official compilation of

27  information about state agency performance-based programs and

28  measures, including approved programs, approved outputs and

29  outcomes, baseline data, approved standards for each

30  performance measure and any approved adjustments thereto, as

31  well as actual agency performance for each measure.


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    CS for SB 1466                           First Engrossed (ntc)



  1         (4)  Each agency and the judicial branch shall submit

  2  for review a preliminary legislative budget request to the

  3  Executive Office of the Governor, in the form and manner

  4  prescribed in ss. 216.031 and 216.043, in accordance with the

  5  legislative budget instructions, and at such time as may be

  6  prescribed by the Executive Office of the Governor.

  7         (8)  Annually, no later than 45 days after the General

  8  Appropriations Act becomes law, the judicial branch shall make

  9  adjustments to any performance standards for approved programs

10  based on the amount appropriated for each program, which shall

11  be submitted to the Legislature pursuant to the notice and

12  review process provided in s. 216.177. The Senate Committee on

13  Fiscal Policy and the House Fiscal Responsibility Council

14  shall advise Senate substantive committees and House

15  substantive committees, respectively, of all adjustments made

16  to performance standards or measures.

17         (9)(5)  The Executive Office of the Governor shall

18  review the agency preliminary legislative budget request for

19  technical compliance with the budget format provided for in

20  the budget instructions. The Executive Office of the Governor

21  shall notify the agency or the judicial branch of any

22  adjustment required.  The agency or judicial branch shall make

23  the appropriate corrections as requested in preparing its

24  final legislative budget request.  If the appropriate

25  technical corrections are not made as requested in the final

26  legislative budget requests, the Executive Office of the

27  Governor shall may adjust the budget request to incorporate

28  the appropriate technical corrections in the format of the

29  request.

30         (10)(6)  At any time after the Governor and the Chief

31  Justice submit their recommended agency budgets to the


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    CS for SB 1466                           First Engrossed (ntc)



  1  Legislature, the head of the agency or judicial branch may

  2  amend his or her request by transmitting to the Governor and

  3  the Legislature an amended request in the form and manner

  4  prescribed in the legislative budget instructions.

  5         (11)  The budget request from each agency and from the

  6  judicial branch shall be reviewed by the Legislature. The

  7  review may allow for the opportunity to have information or

  8  testimony by the agency, the judicial branch, the Auditor

  9  General, the Office of Program Policy Analysis and Government

10  Accountability, the Governor's Office of Planning and

11  Budgeting, and the public regarding the proper level of

12  funding for the agency in order to carry out its mission.

13         (12)  In order to ensure an integrated state planning

14  and budgeting process, the agency long-range plan should be

15  reviewed by the Legislature.

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

17  the contrary notwithstanding, each agency subject to the

18  provisions of this section shall submit its legislative budget

19  request no later than September 1 of the year in which the

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

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

22         (b)  Each agency and branch subject to the provisions

23  of this section and s. 216.0165 shall provide as part of its

24  budget request a point-by-point response to all funding

25  recommendations prepared and submitted by the Director of the

26  Office of Program Policy Analysis and Government

27  Accountability pursuant to s. 11.513.  If the recommendations

28  of the director contain recommendations that specifically

29  apply to an agency or branch other than the agency or branch

30  that is the subject of the evaluation and review, the agency

31  that is not the subject of the evaluation and review shall


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    CS for SB 1466                           First Engrossed (ntc)



  1  provide as part of its budget request a point-by-point

  2  response to any funding recommendations which apply to such

  3  agency or branch.  The point-by-point response to the

  4  director's recommended funding levels shall be displayed

  5  numerically as major issues in the agency's legislative budget

  6  request.  Each point-by-point response to the director's

  7  funding recommendations shall be specifically cross-referenced

  8  to the agency's responses to the director's recommendations

  9  required in s. 216.0165(1)(d).

10         (c)  The budget instructions required pursuant to

11  subsection (3) shall include requirements that agency or

12  judicial branch responses, major issue summaries contained in

13  the Governor's recommended budget, and the Letter of Intent

14  issued with the General Appropriations Act set the

15  point-by-point responses apart as major issues in the

16  following manner:

17         1.  The director's recommendations for reduced funding

18  shall be separately identified as the director's

19  recommendations and treated as nonrecurring expenditures.

20         2.  Agency requests to restore the director's

21  recommendations for reduced funding shall be separately

22  identified as agency requests to restore the director's

23  recommendations and treated as improved programs.

24         3.  The director's recommendations for increased

25  funding shall be separately identified as the director's

26  recommendations and treated as major issues for continuation

27  of current programs.

28         4.  All other agency requests that would provide

29  funding levels above the director's recommendations shall be

30  separately identified as agency requests for funding above the

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  director's recommendations and treated as new or improved

  2  programs.

  3         (d)  By March 1 of the year following the submittal of

  4  an agency's budget request in accordance with the operation of

  5  this subsection and the evaluation and review of the agency

  6  pursuant to ss. 11.513 and 216.0165, the appropriate

  7  substantive committees of the Senate and the House of

  8  Representatives shall review the report of the consultant and

  9  the recommendations of the director submitted pursuant to s.

10  11.513 and the responses to the director's recommendations by

11  the agencies that are the subject of the report and

12  recommendations, and shall make recommendations for

13  continuation, modification, or repeal of any of the agencies'

14  programs that are affected by the consultant's report or the

15  recommendations of the director.  In developing their

16  recommendations, such committees also shall consider the

17  recommendations and responses made in the agencies'

18  legislative budget requests as required by this subsection and

19  in the Governor's recommended budget.

20         Section 8.  Section 216.031, Florida Statutes, is

21  amended to read:

22         216.031  Target budget request Budgets for operational

23  expenditures.--A legislative budget request, reflecting the

24  independent judgment of the head of the state agency, and of

25  the Chief Justice of the Supreme Court, with respect to the

26  needs of the agency and the judicial branch for operational

27  expenditures during the next fiscal year, shall be submitted

28  by each head of a state agency and by the Chief Justice of the

29  Supreme Court and shall contain the following:

30         (1)  For each budget entity, a summary exhibit showing,

31  for each appropriation category, for each fund, 1 prior year's


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    CS for SB 1466                           First Engrossed (ntc)



  1  appropriations for general revenue, 1 prior year's actual

  2  expenditures and 1 current year's estimated expenditures, and

  3  the requested expenditures for the next fiscal year.  The

  4  total number of positions for the budget entity shall be shown

  5  for each fiscal year of data for which positions are

  6  authorized, fixed, or requested.  However, the agency budget

  7  request for the State University System shall be expressed in

  8  terms of the amounts for the various programs as prescribed in

  9  s. 240.271 and in terms of the specified appropriation

10  categories, including the special units' budgets, prescribed

11  in the prior appropriations act.

12         (2)  For each program component within the budget

13  entity, an exhibit showing, for each appropriation category,

14  the summary explanation of expenditures for each detail issue

15  describing the amounts and positions for the next fiscal year

16  for continuation of current programs, for improved programs,

17  and for new programs, with a summary showing totals by fund

18  for the next fiscal year.

19         (3)  For each trust fund within the budget entity, a

20  schedule showing the trust funds available, providing the

21  source of receipts, detail of nonoperating disbursements,

22  operating expenditures, fixed capital outlay, and unencumbered

23  cash balances, for 1 prior year's actual, the current year's

24  estimated, and the request for the next fiscal year.  In

25  addition, for each trust fund established in connection with

26  legislative action authorizing the collection of a fee or

27  other charge to support a governmental service or activity

28  being performed by the agency involved, there shall be

29  submitted a schedule showing the full cost of such service or

30  activity, the total fees or charges collected to fund such

31  costs, and the amount of excess collections or any deficit.


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    CS for SB 1466                           First Engrossed (ntc)



  1  The sources and amounts of any funds used to cover a deficit

  2  shall also be shown.  The service or activity being performed

  3  shall be reviewed by the appropriations committees in the

  4  Senate and House of Representatives for the express purpose of

  5  making adjustments in fees or other charges in order to make

  6  such activities as nearly self-supporting as possible.

  7         (4)  For each budget entity, a schedule showing detail

  8  of positions, providing for each class of positions within

  9  discrete organizational activities, by the collective

10  bargaining unit and program component for the next fiscal

11  year, the number of full-time equivalent positions, the

12  estimated rate of salary, the amounts requested for new

13  positions, and the number of new positions requested.

14         (5)  Detailed information for the next fiscal year

15  necessary for the Legislature and the Governor to evaluate:

16         (a)  The effectiveness of current programs, including

17  justification for those programs.

18         (b)  The justification for increasing costs to continue

19  the operations of current programs.

20         (c)  The justification for proposed improvements in

21  existing programs.

22         (d)  The justification for proposed new programs.

23         (e)  The projected cost of the requested program for

24  the following fiscal year.

25         (f)  The needs of the agency or of the judicial branch

26  for operational expenditures, by order of priority.

27         (6)  Additional information providing a detailed

28  description of the request of the agency and the corresponding

29  calculations needed to support the request.

30         (7)  Workload and other performance indicators, as

31  prescribed by the legislative budget instructions.


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    CS for SB 1466                           First Engrossed (ntc)



  1         (8)  An information resources management schedule

  2  showing the agency's or judicial branch's total budget request

  3  for information resources management.  The schedule shall be

  4  in the format provided for in the legislative budget

  5  instructions.  The budget request for information resources

  6  management shall identify, if applicable, which parts of the

  7  request are in response to any information resources

  8  management issues included in the legislative budget

  9  instructions. This subsection is applicable only to those

10  state agencies which are under the purview of ss.

11  282.303-282.313 and to the judicial branch.

12         (9)  A report separately listing the sources of

13  receipts into each trust fund and the amounts of such

14  receipts. In addition, the report shall identify the

15  administrative and program costs expended from the trust fund,

16  including salaries, other personal services, operating capital

17  outlay, fixed capital outlay, other expenses, contractual

18  services, and transfers to other trust funds.

19         (10)  For those agencies or the judicial branch

20  operating programs under a performance-based program budget,

21  an evaluation of the agency's progress in meeting the

22  performance standards for programs approved pursuant to s.

23  216.0166. Such evaluation shall be developed as prescribed by

24  the budget instructions, and shall include any responses by

25  the agency or the Chief Justice to the findings of the Office

26  of Program Policy Analysis and Government Accountability

27  pursuant to s. 11.513.

28         (11)  For performance-based program budgets, the

29  baseline data, outcome measures, output measures, and

30  standards for program measures, including justification for

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  those programs in the format required by the legislative

  2  budget instructions.

  3         (12)  A prioritized listing of planned expenditures for

  4  review and possible reduction in the event of revenue

  5  shortfalls, as provided for in s. 216.221. Such list shall be

  6  in the format provided in the planning and budgeting

  7  instructions.

  8

  9  Either chair of a legislative appropriations committee, or the

10  Executive Office of the Governor for state agencies, may

11  require the agency or the Chief Justice to address major

12  issues separate from those outlined in s. 216.023, this

13  section, and s. 216.043 for inclusion in the requests of the

14  agency or of the judicial branch.  The issues shall be

15  submitted to the agency no later than July 30 of each year and

16  shall be displayed in its requests as provided in the budget

17  instructions.  The Executive Office of the Governor may

18  request an agency, or the chair of the appropriations

19  committees of the Senate or House of Representatives may

20  request any agency or the judicial branch, to submit no later

21  than September 30 15 of each year a budget plan with respect

22  to targets established by the Governor or either chair. The

23  target budget shall require each entity to establish an order

24  of priorities for its budget issues and may include requests

25  for multiple options for the budget issues.  The target budget

26  may also require each entity to submit a program budget or a

27  performance-based budget in the format prescribed by the

28  Executive Office of the Governor or either chair; provided,

29  however, the target budget format shall be compatible with the

30  planning and budgeting system requirements set out in s.

31  216.141.  Such a request shall not influence the agencies' or


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    CS for SB 1466                           First Engrossed (ntc)



  1  judicial branch's independent judgment in making agency

  2  legislative budget requests, as required by law.

  3         Section 9.  Section 216.044, Florida Statutes, is

  4  amended to read:

  5         216.044  Budget evaluation by Department of Management

  6  Services.--

  7         (1)  Any state agency or judicial branch entity

  8  requesting a fixed capital outlay project to be managed by the

  9  Department of Management Services shall consult with that

10  department during the budget-development process. The

11  Department of Management Services shall provide

12  recommendations regarding construction requirements, cost of

13  the project, and project alternatives to be incorporated in

14  the agency's or entity's proposed fixed capital outlay budget

15  request and narrative justification.

16         (2)(1)  Concurrently with the submission of the fixed

17  capital outlay agency legislative budget request to the

18  Executive Office of the Governor or to the Chief Justice of

19  the Supreme Court, the agency or judicial branch shall submit

20  a copy of the agency legislative budget request to the

21  Department of Management Services for evaluation.

22         (3)(2)  The Department of Management Services shall

23  advise the Executive Office of the Governor, the Chief

24  Justice, and the Legislature regarding alternatives to the

25  proposed fixed capital outlay project and make recommendations

26  relating to the construction requirements and cost of the

27  project.  These recommendations shall be provided to the

28  Legislature and Executive Office of the Governor at a time

29  specified by the Governor, but not less than 90 days prior to

30  the regular session of the Legislature. When evaluating

31  alternatives, the Department of Management Services shall


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    CS for SB 1466                           First Engrossed (ntc)



  1  include information as to whether it would be more

  2  cost-efficient to lease private property or facilities, to

  3  construct facilities on property presently owned by the state,

  4  or to acquire property on which to construct the facilities.

  5  In determining the cost to the state of constructing

  6  facilities on property presently owned by the state or the

  7  cost of acquiring property on which to construct facilities,

  8  the Department of Management Services shall include the costs

  9  which would be incurred by a private person in acquiring the

10  property and constructing the facilities, including, but not

11  limited to, taxes and return on investment.

12         (3)  The Department of Management Services shall

13  provide assistance to any state agency, the judicial branch,

14  and the Executive Office of the Governor in fulfilling the

15  requirements of s. 216.0442 as developed pursuant to ss.

16  216.031 and 216.043.

17         Section 10.  Section 216.0446, Florida Statutes, is

18  amended to read:

19         216.0446  Review of information resources management

20  needs.--

21         (1)  The Legislative Budget Commission shall Executive

22  Office of the Governor may contract with the Legislature to

23  provide a mechanism for review of and recommendations with

24  respect to the portion of agencies' strategic plans which

25  pertains to information resources management needs and with

26  respect to agencies' legislative budget requests for

27  information resources management.  This mechanism shall be

28  referred to as the Technology Review Workgroup, which shall be

29  headed by a senior-level manager.

30         (2)  In addition to its primary duty specified in

31  subsection (1), the Technology Review Workgroup shall have


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    CS for SB 1466                           First Engrossed (ntc)



  1  powers and duties that include, but are not limited to, the

  2  following:

  3         (a)  To evaluate the information resource management

  4  needs identified in the agency strategic plans for consistency

  5  with the State Annual Report on Information Resources

  6  Management and statewide policies recommended by the State

  7  Technology Council, and make recommendations to the Executive

  8  Office of the Governor, pursuant to s. 186.022(3).

  9         (b)  To review and make recommendations to the

10  Executive Office of the Governor and the chairs of the

11  legislative fiscal committees on proposed budget amendments

12  and agency transfers associated with notices of proposed

13  action for budget items with respect to information resources

14  management initiatives or projects that involve more than one

15  agency, that have an outcome that impacts another agency, or

16  that exceed $500,000 in total cost over a 1-year period.

17         (c)  To make recommendations to the Executive Office of

18  the Governor on guidelines and best practices for information

19  resources management based on information received from the

20  State Technology Council.

21         Section 11.  Section 216.052, Florida Statutes, is

22  amended to read:

23         216.052  Community Legislative budget requests;

24  appropriations; grants.--

25         (1)  The budget request from each agency and from the

26  judicial branch shall be reviewed by the Legislature.  The

27  review may allow for the opportunity to have information or

28  testimony by the agency, the judicial branch, the Auditor

29  General's Office, the Governor's Office of Planning and

30  Budgeting, and the public regarding the proper level of

31  funding for the agency in order to carry out its mission.


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  1         (2)  In order to ensure an integrated state planning

  2  and budgeting process, the strategic plan should be reviewed

  3  by the Legislature.

  4         (1)(3)  Members of the Legislature may submit requests

  5  to appropriate state funds to a state, local, county, or

  6  regional governmental entity government, private organization,

  7  or nonprofit organization requesting a state appropriation for

  8  a program, service, or capital outlay initiative that is local

  9  or regional in scope, is intended to meet a documented need,

10  addresses a statewide interest, is intended to produce

11  measureable results, and has tangible community support. has

12  not been formally recommended under procedures established by

13  law or that has been formally recommended under such

14  procedures but has not been recommended by an agency or by the

15  judicial branch, or that promotes only a local or regional

16  interest, may be allowed the opportunity to provide

17  information or testimony to the appropriate subcommittee of

18  each appropriations committee.  Each such request must include

19  a fiscal note that shows the estimated cost of operations and

20  capital outlay for the project.  The fiscal note shall

21  indicate the percentage of the projected costs of operations

22  and capital outlay that is to be provided through state funds.

23         (2)(4)  Each appropriation to a local government, a

24  private organization, or a nonprofit organization made

25  pursuant to a community budget request for a program, service,

26  or capital outlay initiative that promotes a solely local or

27  regional interest shall require that the community's support

28  be tangibly demonstrated by evidence that the program or

29  service will expects to operate in a financially sound manner.

30  Any other appropriation to a local government, a private

31  organization, or a nonprofit organization made pursuant to


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    CS for SB 1466                           First Engrossed (ntc)



  1  this section a request as provided in subsection (3) should

  2  generally require local matching funds. The match must be

  3  based on the size and scope of the project and the applicant's

  4  ability to provide the match.  In addition, the granting of

  5  state funds shall be used to encourage the establishment of

  6  community-based partnerships between the public sector and the

  7  private sector.

  8         (3)  Each community budget request submitted pursuant

  9  to this section must receive a hearing before a body of duly

10  elected public officials before being submitted to the Senate

11  or the House of Representatives for consideration.

12         (4)  Community budget requests shall be submitted in

13  the form and manner prescribed jointly by the President of the

14  Senate and the Speaker of the House of Representatives. If the

15  President of the Senate and the Speaker of the House of

16  Representatives do not agree on a form and manner of

17  submission to be used by both houses, each may prescribe a

18  form and manner of submission to be used in his or her house.

19         (5)  Community budget requests shall be submitted to

20  the Governor and either to the Chairman of the Senate Budget

21  Committee or to the Chairman of the House Fiscal

22  Responsibility Council in accordance with the schedule

23  established jointly by the President of the Senate and the

24  Speaker of the House of Representatives. If the President of

25  the Senate and the Speaker of the House of Representatives do

26  not agree on a schedule to be used by both houses, each may

27  prescribe a schedule to be used in his or her house.

28         (6)  The Governor shall address each community budget

29  request submitted pursuant to this section in his budget

30  recommendations to the Legislature. In addressing each

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  request, the Governor shall provide such documentation as is

  2  necessary to determine:

  3         (a)  The amount of funding being recommended for the

  4  request;

  5         (b)  The budget entity and program component in which

  6  funding for the request appears; and

  7         (c)  When no funding is being recommended, the

  8  justification for failing to fund the request and the manner

  9  in which the Governor intends to address the need to which the

10  request was directed.

11         (7)(5)  The retention of interest earned on state funds

12  or the amount of interest income earned shall be applied

13  against the state entity's obligation to pay the appropriated

14  contracted amount.

15         (8)(6)  Whenever possible, a loan must be made in lieu

16  of a grant to a local government, a private organization, or a

17  nonprofit organization.  It is the intent of the Legislature

18  that a revolving loan program shall be established so that the

19  loan amount plus interest is paid back by the recipient to the

20  state.

21         (9)(7)  Any private or nonprofit organization that is

22  to receive funds through a community budget request requesting

23  funding shall, at the time of application for such funds,

24  provide information regarding its organization, including a

25  copy of its current budget, and a list of its board of

26  directors, and, if available, a copy of its most recent annual

27  audit report prepared by an independent certified public

28  accountant licensed in this state, including management

29  letters or other documents associated with the audit report.

30         (8)  In addition to any other provision of law granting

31  access to records and accounts, the Auditor General may,


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    CS for SB 1466                           First Engrossed (ntc)



  1  pursuant to his or her own authority hereby granted in this

  2  subsection or at the direction of the Legislative Auditing

  3  Committee, conduct audits of any direct-support organization

  4  or citizen support organization authorized by law.

  5  Independent audits of direct-support organizations and citizen

  6  support organizations conducted by certified public

  7  accountants shall be performed in accordance with rules

  8  promulgated by the Auditor General.

  9         Section 12.  Subsection (1) of section 216.081, Florida

10  Statutes, is amended to read:

11         216.081  Data on legislative and judicial branch

12  expenses.--

13         (1)  On or before September 1 in each year, In

14  sufficient time to be included in the Governor's recommended

15  budget, estimates of the financial needs of the legislative

16  branch and the judicial branch during the ensuing fiscal year

17  shall be furnished to the Governor pursuant to chapter 11.

18         Section 13.  Section 216.131, Florida Statutes, is

19  amended to read:

20         216.131  Public hearings on agency legislative

21  budgets.--The Governor and the Chief Justice of the Supreme

22  Court shall each provide for at least one public hearing prior

23  to submission of budget recommendations to the Legislature on

24  issues contained in agency legislative budget requests or in

25  the judicial branch budget request and issues that which may

26  be included in budget recommendations to the Legislature,

27  which hearing shall be held at such time as the Governor or

28  the Chief Justice may fix. The Governor may require the

29  attendance or participation, or both, at his or her hearings

30  of the heads or responsible representatives of all state

31  agencies supported by any form of taxation or licenses, fees,


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    CS for SB 1466                           First Engrossed (ntc)



  1  imposts, or exactions. The Governor and the Chief Justice may

  2  provide these hearings simultaneously via electronic format,

  3  such as teleconference, Internet, etc., provided that a means

  4  for active participation and questions by the audience is

  5  accommodated.

  6         Section 14.  Section 216.133, Florida Statutes, is

  7  amended to read:

  8         216.133  Definitions; ss. 216.133-216.137.--As used in

  9  ss. 216.133-216.137:

10         (1)  "Consensus estimating conference" includes the

11  Economic Estimating Conference, the Demographic Estimating

12  Conference, the Revenue Estimating Conference, the Education

13  Estimating Conference, the Criminal Justice Estimating

14  Conference, the Juvenile Justice Estimating Conference, and

15  the Social Services Estimating Conference, and the

16  Transportation Estimating Conference.

17         (2)  "Official information" means the data, forecasts,

18  estimates, analyses, studies, and other information which the

19  principals of a consensus estimating conference unanimously

20  adopt for purposes of the state planning and budgeting system.

21         (3)  "Consensus" means the unanimous consent of all of

22  the principals of a consensus estimating conference.

23         (3)  "State planning and budgeting system" refers to

24  the processes and functions prescribed in chapter 186 and this

25  chapter and ss. 215.32, 215.93, 215.94, and 944.096.

26         Section 15.  Section 216.134, Florida Statutes, is

27  amended to read:

28         216.134  Consensus estimating conferences; general

29  provisions.--

30         (1)  Each consensus estimating conference shall develop

31  such official information within its area of responsibility as


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    CS for SB 1466                           First Engrossed (ntc)



  1  the conference determines, by consensus, is needed for

  2  purposes of the state planning and budgeting system.  Unless

  3  otherwise provided by law or decided by unanimous agreement of

  4  the principals of the conference, all official information

  5  developed by the conference shall be based on the assumption

  6  that current law and current administrative practices will

  7  remain in effect throughout the period for which the official

  8  information is to be used.  The official information developed

  9  by each consensus estimating conference shall include

10  forecasts for a period of at least 10 years, unless the

11  principals of the conference unanimously agree otherwise.

12         (2)  Whenever an estimating conference is convened, an

13  official estimate does not exist until a new consensus is

14  reached.

15         (3)(2)  The official information developed by the

16  Economic Estimating Conference and the official information

17  developed by the Demographic Estimating Conference shall be

18  used by all other consensus estimating conferences in

19  developing their official information.

20         (4)(3)  The membership of each consensus estimating

21  conference consists of principals and participants.

22         (a)  A person designated by law as a principal may

23  preside over conference sessions, convene conference sessions,

24  request information, specify topics to be included on the

25  conference agenda, agree or withhold agreement on whether

26  information is to be official information of the conference,

27  release official information of the conference, interpret

28  official information of the conference, and monitor errors in

29  official information of the conference.

30         (b)  A participant is any person who is invited to

31  participate in the consensus estimating conference by a


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    CS for SB 1466                           First Engrossed (ntc)



  1  principal. A participant shall, at the request of any

  2  principal before or during any session of the conference,

  3  develop alternative forecasts, collect and supply data,

  4  perform analyses, or provide other information needed by the

  5  conference. The conference shall consider information provided

  6  by participants in developing its official information.

  7         (5)(4)  All sessions and meetings of a consensus

  8  estimating conference shall be open to the public as provided

  9  in chapter 286.

10         Section 16.  Section 216.136, Florida Statutes, is

11  amended to read:

12         216.136  Consensus estimating conferences; duties and

13  principals.--

14         (1)  ECONOMIC ESTIMATING CONFERENCE.--

15         (a)  Duties.--

16         1.  The Economic Estimating Conference shall develop

17  such official information with respect to the national and

18  state economies as the conference determines is needed for the

19  state planning and budgeting system. The basic, long-term

20  forecasts which are a part of its official information shall

21  be trend forecasts. However, the conference may include cycle

22  forecasts as a part of its official information if the subject

23  matter of the forecast warrants a cycle forecast and if such

24  forecast is developed in a special impact session of the

25  conference.

26         2.  Prior to the submission of the Governor's budget

27  recommendations to the Legislature pursuant to s. 216.162, and

28  again prior to each Regular Session of the Legislature, the

29  Economic Estimating Conference shall evaluate and project the

30  financial condition of the employee group health

31  self-insurance plan.  This analysis shall also consider any


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    CS for SB 1466                           First Engrossed (ntc)



  1  financial impact of the state's use of health maintenance

  2  organizations on the funding of the self-insurance plan.  The

  3  conference shall indicate whether the current plan premium

  4  rates are sufficient to fund projected plan claims and other

  5  expenses during the fiscal year.

  6         (b)  Principals.--The Executive Office of the Governor,

  7  the coordinator of the Office of Economic and Demographic

  8  Research, and professional staff of the Senate and House of

  9  Representatives who have forecasting expertise, or their

10  designees, are the principals of the Economic Estimating

11  Conference.  The responsibility of presiding over sessions of

12  the conference shall be rotated among the principals.

13         (2)  DEMOGRAPHIC ESTIMATING CONFERENCE.--

14         (a)  Duties.--The Demographic Estimating Conference

15  shall develop such official information with respect to the

16  population of the nation and state by age, race, and sex as

17  the conference determines is needed for the state planning and

18  budgeting system.  The conference shall use the official

19  population estimates provided under s. 186.901 in developing

20  its official information.

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 Demographic Estimating

26  Conference.  The responsibility of presiding over sessions of

27  the conference shall be rotated among the principals.

28         (3)  REVENUE ESTIMATING CONFERENCE.--

29         (a)  Duties.--The Revenue Estimating Conference shall

30  develop such official information with respect to anticipated

31  state and local government revenues as the conference


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    CS for SB 1466                           First Engrossed (ntc)



  1  determines is needed for the state planning and budgeting

  2  system.  Any principal may request the conference to review

  3  and estimate revenues for any trust fund.

  4         (b)  Principals.--The Executive Office of the Governor,

  5  the coordinator of the Office of Economic and Demographic

  6  Research, and professional staff of the Senate and House of

  7  Representatives who have forecasting expertise, or their

  8  designees, are the principals of the Revenue Estimating

  9  Conference.  The responsibility of presiding over sessions of

10  the conference shall be rotated among the principals.

11         (4)  EDUCATION ESTIMATING CONFERENCE.--

12         (a)  Duties.--The Education Estimating Conference shall

13  develop such official information relating to the state public

14  educational system, including forecasts of student

15  enrollments, the number of students qualified for state

16  financial aid programs and the appropriation required to fund

17  the full award amounts for each program, fixed capital outlay

18  needs, and Florida Education Finance Program formula needs, as

19  the conference determines is needed for the state planning and

20  budgeting system.  The conference's initial projections of

21  enrollments in public schools shall be forwarded by the

22  conference to each school district no later than 2 months

23  prior to the start of the regular session of the Legislature.

24  Each school district may, in writing, request adjustments to

25  the initial projections.  Any adjustment request shall be

26  submitted to the conference no later than 1 month prior to the

27  start of the regular session of the Legislature and shall be

28  considered by the principals of the conference.  A school

29  district may amend its adjustment request, in writing, during

30  the first 3 weeks of the legislative session, and such amended

31  adjustment request shall be considered by the principals of


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    CS for SB 1466                           First Engrossed (ntc)



  1  the conference.  For any adjustment so requested, the district

  2  shall indicate and explain, using definitions adopted by the

  3  conference, the components of anticipated enrollment changes

  4  that correspond to continuation of current programs with

  5  workload changes; program improvement; program reduction or

  6  elimination; initiation of new programs; and any other

  7  information that may be needed by the Legislature.  For public

  8  schools, the conference shall submit its full-time equivalent

  9  student consensus estimate to the Legislature no later than 1

10  month after the start of the regular session of the

11  Legislature. No conference estimate may be changed without the

12  agreement of the full conference.

13         (b)  Adjustments.--No later than 2 months prior to the

14  start of the regular session of the Legislature, the

15  conference shall forward to each eligible postsecondary

16  education institution its initial projections of the number of

17  students qualified for state financial aid programs and the

18  appropriation required to fund those students at the full

19  award amount. Each postsecondary education institution may

20  request, in writing, adjustments to the initial projection.

21  Any adjustment request must be submitted to the conference no

22  later than 1 month prior to the start of the regular session

23  of the Legislature and shall be considered by the principals

24  of the conference. For any adjustment so requested, the

25  postsecondary education institution shall indicate and

26  explain, using definitions adopted by the conference, the

27  components of anticipated changes that correspond to

28  continuation of current programs with enrollment changes,

29  program reduction or elimination, initiation of new programs,

30  award amount increases or decreases, and any other information

31  that is considered by the conference. The conference shall


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  1  submit its consensus estimate to the Legislature no later than

  2  1 month after the start of the regular session of the

  3  Legislature. No conference estimate may be changed without the

  4  agreement of the full conference.

  5         (c)  Principals.--The Associate Deputy Commissioner for

  6  Educational Management, the Executive Office of the Governor,

  7  the coordinator of the Office of Economic and Demographic

  8  Research, and professional staff of the Senate and House of

  9  Representatives who have forecasting expertise, or their

10  designees, are the principals of the Education Estimating

11  Conference. The Associate Deputy Commissioner for Educational

12  Management or his or her designee shall preside over sessions

13  of the conference.

14         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

15         (a)  Duties.--The Criminal Justice Estimating

16  Conference shall develop such official information relating to

17  the criminal justice system, including forecasts of prison

18  admissions by offense categories specified in Rule 3.701,

19  Florida Rules of Criminal Procedure, as the conference

20  determines is needed for the state planning and budgeting

21  system.

22         (b)  Principals.--The Executive Office of the Governor,

23  the coordinator of the Office of Economic and Demographic

24  Research, and professional staff, who have forecasting

25  expertise, from the Senate, the House of Representatives, and

26  the Supreme Court, or their designees, are the principals of

27  the Criminal Justice Estimating Conference.  The principal

28  representing the Executive Office of the Governor shall

29  preside over sessions of the conference.

30         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--

31         (a)  Duties.--


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  1         1.  The Social Services Estimating Conference shall

  2  develop such official information relating to the social

  3  services system of the state, including forecasts of social

  4  services caseloads, as the conference determines is needed for

  5  the state planning and budgeting system.  Such official

  6  information shall include, but not be limited to, subsidized

  7  child care caseloads mandated by the Family Support Act of

  8  1988.

  9         2.  In addition, the Social Services Estimating

10  Conference shall develop estimates and forecasts of the

11  unduplicated count of children eligible for subsidized child

12  care as defined in s. 402.3015(1).  These estimates and

13  forecasts shall not include children enrolled in the

14  prekindergarten early intervention program established in s.

15  230.2305.

16         3.  The Department of Children and Family Services and

17  the Department of Education shall provide information on

18  caseloads and waiting lists for the subsidized child care and

19  prekindergarten early intervention programs requested by the

20  Social Services Estimating Conference or individual conference

21  principals, in a timely manner.

22         (b)  Principals.--The Executive Office of the Governor,

23  the coordinator of the Office of Economic and Demographic

24  Research, and professional staff, who have forecasting

25  expertise, from the Department of Children and Family

26  Services, the Senate, and the House of Representatives, or

27  their designees, are the principals of the Social Services

28  Estimating Conference.  The principal representing the

29  Executive Office of the Governor shall preside over sessions

30  of the conference.

31         (7)  TRANSPORTATION ESTIMATING CONFERENCE.--


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  1         (a)  Duties.--The Transportation Estimating Conference

  2  shall develop such official budget information relating to

  3  transportation planning and budgeting as is determined by the

  4  conference principals to be needed for the state planning and

  5  budgeting system.  This information shall include estimates of

  6  transportation cost indices and other budget-related

  7  estimates. This conference shall not address estimates of

  8  transportation revenues.

  9         (b)  Principals.--The Executive Office of the Governor,

10  the coordinator of the Office of Economic and Demographic

11  Research, and professional staff with budgeting expertise from

12  the Department of Transportation, the Senate, and the House of

13  Representatives are the principals of the Transportation

14  Estimating Conference. The principal representing the

15  Executive Office of the Governor shall preside over sessions

16  of the conference.

17         (7)(8)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

18         (a)  Duties.--The Child Welfare System Estimating

19  Conference shall develop such official information relating to

20  the child welfare system of the state, including forecasts of

21  child welfare caseloads, as the conference determines is

22  needed for the state planning and budgeting system. Such

23  official information may include, but is not limited to:

24         1.  Estimates and projections of the number of initial

25  and additional reports of child abuse, abandonment, or neglect

26  made to the central abuse hotline maintained by the Department

27  of Children and Family Services as established in s.

28  39.201(4). Projections may take into account other factors

29  that may influence the number of future reports to the abuse

30  hotline.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         2.  Estimates and projections of the number of children

  2  who are alleged to be victims of child abuse, abandonment, or

  3  neglect and are in need of emergency shelter, foster care,

  4  residential group care, adoptive services, or other

  5  appropriate care.

  6

  7  In addition, the conference shall develop other official

  8  information relating to the child welfare system of the state

  9  which the conference determines is needed for the state

10  planning and budgeting system.  The Department of Children and

11  Family Services shall provide information on the child welfare

12  system requested by the Child Welfare System Estimating

13  Conference, or individual conference principals, in a timely

14  manner.

15         (b)  Principals.--The Executive Office of the Governor,

16  the coordinator of the Office of Economic and Demographic

17  Research, and professional staff who have forecasting

18  expertise from the Department of Children and Family Services,

19  the Senate, and the House of Representatives, or their

20  designees, are the principals of the Child Welfare System

21  Estimating Conference. The principal representing the

22  Executive Office of the Governor shall preside over sessions

23  of the conference.

24         (8)(9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

25         (a)  Duties.--The Juvenile Justice Estimating

26  Conference shall develop such official information relating to

27  the juvenile justice system of the state as is determined by

28  the conference principals to be needed for the state planning

29  and budgeting system.  This information shall include, but is

30  not limited to:  estimates of juvenile delinquency caseloads

31  and workloads; estimates for secure, nonsecure, and home


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    CS for SB 1466                           First Engrossed (ntc)



  1  juvenile detention placements; estimates of workloads in the

  2  juvenile sections in the offices of the state attorneys and

  3  public defenders; estimates of mental health and substance

  4  abuse treatment relating to juveniles; and such other

  5  information as is determined by the conference principals to

  6  be needed for the state planning and budgeting system.

  7         (b)  Principals.--The Executive Office of the Governor,

  8  the Office of Economic and Demographic Research, and

  9  professional staff who have forecasting expertise from the

10  Department of Juvenile Justice, the Department of Children and

11  Family Services Alcohol, Drug Abuse, and Mental Health Program

12  Office, the Department of Law Enforcement, the Senate

13  Appropriations Committee staff, the House of Representatives

14  Appropriations Committee staff, or their designees, are the

15  principals of the Juvenile Justice Estimating Conference. The

16  responsibility of presiding over sessions of the conference

17  shall be rotated among the principals. To facilitate policy

18  and legislative recommendations, the conference may call upon

19  professional staff of the Juvenile Justice Accountability

20  Board and appropriate legislative staff.

21         (9)(10)  OCCUPATIONAL FORECASTING CONFERENCE.--

22         (a)  Duties.--The Occupational Forecasting Conference

23  shall develop such official information on the workforce

24  development system planning process as it relates to the

25  personnel needs of current, new, and emerging industries as

26  the conference determines is needed by the state planning and

27  budgeting system.  Such information must include at least:

28  short-term and long-term forecasts of employment demand for

29  high-skills/high-wage jobs by occupation and industry;

30  relative wage forecasts among those occupations; and estimates

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  of the supply of trained and qualified individuals available

  2  for employment in those occupations.

  3         (b)  Principals.--The Commissioner of Education, the

  4  Executive Office of the Governor, the director of the Office

  5  of Tourism, Trade, and Economic Development, the Secretary of

  6  Labor, and the coordinator of the Office of Economic and

  7  Demographic Research, or their designees, are the principals

  8  of the Occupational Forecasting Conference.  The Commissioner

  9  of Education, or the commissioner's designee, shall preside

10  over the sessions of the conference.

11         (10)(11)  SCHOOL READINESS PROGRAM ESTIMATING

12  CONFERENCE.--

13         (a)  Duties.--

14         1.  The School Readiness Program Estimating Conference

15  shall develop such estimates and forecasts of the number of

16  individuals eligible for school readiness programs in

17  accordance with the standards of eligibility established by

18  state or federal statute or administrative rule as the

19  conference determines are needed to support the state

20  planning, budgeting, and appropriations processes.

21         2.  In addition, the School Readiness Program

22  Estimating Conference shall estimate the unduplicated count of

23  children who are eligible for services under the school

24  readiness program.

25         3.  The Florida Partnership for School Readiness shall

26  provide information on needs and waiting lists for school

27  readiness program services requested by the School Readiness

28  Program Estimating Conference or individual conference

29  principals in a timely manner.

30         (b)  Principals.--The Executive Office of the Governor,

31  the Director of Economic and Demographic Research, and


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    CS for SB 1466                           First Engrossed (ntc)



  1  professional staff who have forecasting expertise from the

  2  Florida Partnership for School Readiness, the Department of

  3  Children and Family Services, the Department of Education, the

  4  Senate, and the House of Representatives, or their designees,

  5  are the principals of the School Readiness Program Estimating

  6  Conference. The principal representing the Executive Office of

  7  the Governor shall preside over sessions of the conference.

  8         (11)  SELF-INSURANCE ESTIMATING CONFERENCE.--

  9         (a)  Duties.--The Self-Insurance Estimating Conference

10  shall develop such official information on self-insurance

11  related issues as the conference determines is needed by the

12  state planning and budgeting system.

13         (b)  Principals.--The Executive Office of the Governor,

14  the coordinator of the Office of Economic and Demographic

15  Research, and staff directors of the committees of the Senate

16  and the House of Representatives which have primary

17  responsibility for legislation dealing with taxation, or their

18  designees, are the principals of the Self-Insurance Estimating

19  Conference. The responsibility of presiding over sessions of

20  the conference shall be rotated among the principals.

21         (12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

22  CONFERENCE.--

23         (a)  Duties.--The Florida Retirement System Actuarial

24  Assumption Conference shall develop official information with

25  respect to the economic and noneconomic assumptions and

26  funding methods of the Florida Retirement System necessary to

27  perform the system actuarial study undertaken pursuant to s.

28  121.031(3). Such information shall include:  an analysis of

29  the actuarial assumptions and actuarial methods used in the

30  study and a determination of whether changes to the

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  assumptions or methods need to be made due to experience

  2  changes or revised future forecasts.

  3         (b)  Principals.--The Executive Office of the Governor,

  4  the coordinator of the Office of Economic and Demographic

  5  Research, and professional staff of the Senate and House of

  6  Representatives who have forecasting expertise, or their

  7  designees, are the principals of the Florida Retirement System

  8  Actuarial Assumption Conference. The Executive Office of the

  9  Governor shall have the responsibility of presiding over the

10  sessions of the conference. The State Board of Administration

11  and the Division of Retirement shall be participants in the

12  conference.

13         Section 17.  Subsection (1) of section 216.141, Florida

14  Statutes, is amended to read:

15         216.141  Budget system procedures; planning and

16  programming by state agencies.--

17         (1)  The Executive Office of the Governor, in

18  consultation with the appropriations committees of the Senate

19  and House of Representatives, and by utilizing the Florida

20  Financial Management Information System management data and

21  the Comptroller's chart of accounts, shall prescribe a

22  planning and budgeting system, pursuant to s. 215.94(1), to

23  provide for continuous planning and programming and for

24  effective management practices for the efficient operations of

25  all state agencies and the judicial branch. However, the

26  planning and budgeting system shall be limited to the

27  processing of information related to ss. 216.023, 216.0235,

28  216.031, 216.043, 216.121, 216.181, 216.182, and 216.192 and

29  those applications relating to part I of chapter 23 and part I

30  of chapter 252 which are funded by the Legislature.  The

31  Legislature Executive Office of the Governor may contract with


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    CS for SB 1466                           First Engrossed (ntc)



  1  the Executive Office of the Governor Legislature to develop

  2  the planning and budgeting system and to provide services to

  3  the Legislature for the support and use of the legislative

  4  appropriations system.  The contract shall include the

  5  policies and procedures for combining the legislative

  6  appropriations system with the planning and budgeting

  7  information system established pursuant to s. 215.94(1).  At a

  8  minimum, the contract shall require the use of common data

  9  codes.  The combined legislative appropriations and planning

10  and budgeting information subsystem shall support the

11  legislative appropriations and legislative oversight functions

12  without data code conversion or modification.

13         Section 18.  Subsections (1) and (2) of section

14  216.151, Florida Statutes, are amended to read:

15         216.151  Duties of the Executive Office of the

16  Governor.--It shall be the duty of the Executive Office of the

17  Governor to:

18         (1)  Make a detailed study, as necessary, of each of

19  the several state agencies, with a view toward ascertaining

20  and determining the needs thereof; whether changes should be

21  made in existing organizations, their activities and methods

22  of operation; what appropriation should be made therefor;

23  whether the operations and activities of different agencies or

24  within the same agencies should be combined, consolidated, or

25  integrated or should be regrouped and rearranged, all to the

26  end of securing greater economy without sacrificing efficiency

27  in the operations of such agencies. In order to accomplish

28  this type of study, the Executive Office of the Governor may

29  request any or all agencies to submit a budget plan with

30  respect to targets established by the Governor.  Such a

31  request shall not influence the agencies' independent


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    CS for SB 1466                           First Engrossed (ntc)



  1  judgments in making agency legislative budget requests, as

  2  required by law.

  3         (2)  Prepare an analysis of the agency legislative

  4  budget requests submitted by state agencies and the judicial

  5  branch covering their respective operational and fixed capital

  6  outlay requirements.

  7         Section 19.  Subsection (1) of section 216.162, Florida

  8  Statutes, is amended to read:

  9         216.162  Governor's recommended budget to be furnished

10  Legislature; copies to members.--

11         (1)  At least 45 days before the scheduled annual

12  legislative session in each odd-numbered year, the Governor

13  shall furnish each senator and representative a copy of his or

14  her recommended balanced budget for the state, based on the

15  Governor's own conclusions and judgment; provided, however,

16  that in his or her first year in office a new Governor may

17  request, subject to approval of the President of the Senate

18  and the Speaker of the House of Representatives, that his or

19  her recommended balanced budget be submitted at a later time

20  prior to the Governor's first regular legislative session.

21         Section 20.  Section 216.163, Florida Statutes, is

22  amended to read:

23         216.163  Governor's recommended budget; form and

24  content; declaration of collective bargaining impasses.--

25         (1)  The Governor's recommended budget shall be

26  referenced to the agency legislative budget requests

27  prescribed in ss. 216.023 216.031 and 216.043 and shall be

28  consistent with the format of the current fiscal year General

29  Appropriations Act or shall be distinctly separated into four

30  sections.  If separated into four sections, Section One of the

31  budget shall be entitled "Operations"; Section Two shall be


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    CS for SB 1466                           First Engrossed (ntc)



  1  entitled "Revenue Sharing, Distributions and Transfers";

  2  Section Three shall be entitled "Fixed Capital Outlay"; and

  3  Section Four shall be entitled "Debt Service."

  4         (2)  The Governor's recommended budget shall also

  5  include:

  6         (a)  The Governor's recommendations for operating each

  7  state agency, and those of the Chief Justice of the Supreme

  8  Court for operating the judicial branch, for the next fiscal

  9  year.  These recommendations shall be displayed by

10  appropriation category within each budget entity, with detail

11  by program component within each budget entity, and shall also

12  include the agency legislative budget request of the

13  corresponding agency and community budget requests related to

14  each agency.

15         (b)1.  The Governor's recommendations and those of the

16  Chief Justice for fixed capital outlay appropriations for the

17  next fiscal year. These recommendations shall be displayed by

18  budget entity and shall also include the agency legislative

19  budget request of the corresponding agency.

20         2.  For each specific fixed capital outlay project or

21  group of projects or operating capital outlay requests

22  recommended to be funded from a proposed state debt or

23  obligation, he or she shall make available pursuant to s.

24  216.164(1)(a) the documents set forth in s. 216.0442(2).

25         (c)  The evaluation of the fixed capital outlay request

26  of each agency and the judicial branch and alternatives to the

27  proposed projects as made by the Department of Management

28  Services pursuant to s. 216.044.

29         (d)  A summary statement of the amount of

30  appropriations requested by each state agency and as

31  recommended by the Governor and by the judicial branch.


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    CS for SB 1466                           First Engrossed (ntc)



  1         (e)  A distinct listing of all nonrecurring

  2  appropriations recommended by the Governor or the Chief

  3  Justice.

  4         (f)  A listing of the general policies used to

  5  calculate the amounts required for salaries, other personal

  6  services, expenses, operating capital outlay, electronic data

  7  processing, and food products recommended by the Governor or

  8  the Chief Justice.

  9         (g)  Explanations and justification, expressed in terms

10  of program-effectiveness measures, program-efficiency

11  measures, workload, productivity adjustments, staffing

12  standards, and any other criteria needed to evaluate the

13  delivery of governmental services and to explain the

14  Governor's recommendations or the Chief Justice's

15  recommendations, and such other supporting schedules and

16  exhibits as may be determined by the Governor or the Chief

17  Justice.

18         (h)  With respect to the Department of Transportation,

19  a reconciliation of the Governor's recommendations for the

20  funding of the agency budget and tentative work program with

21  the budget and tentative work program submitted by the

22  department pursuant to s. 339.135 by project, by project

23  phase, by department district, and by appropriation category.

24         (f)(i)  The Governor's recommendations for critical

25  information resource management projects which should be

26  subject to special monitoring under s. 282.322. These

27  recommendations shall include proviso language which specifies

28  whether funds are specifically provided to contract for

29  project monitoring, or whether the Auditor General will

30  conduct such project monitoring. When funds are recommended

31  for contracting with a project monitor, such funds may equal 1


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    CS for SB 1466                           First Engrossed (ntc)



  1  percent to 5 percent of the project's estimated total costs.

  2  These funds shall be specifically appropriated and

  3  nonrecurring.

  4         (g)(j)  Any additional information which the Governor

  5  or Chief Justice feels is needed to justify his or her

  6  recommendations.

  7         (3)  The Governor shall provide to the Legislature a

  8  performance-based program budget for approved programs

  9  according to the schedule provided in s. 216.0172. Information

10  submitted to the Legislature shall be provided in a fashion

11  that will allow comparison of the requested information with

12  the agency request and legislative appropriation by the

13  automated legislative appropriation planning and budgeting

14  system.

15         (4)  The Executive Office of the Governor shall review

16  the evaluation report required by s. 216.031(10) and the

17  findings of the Office of Program Policy Analysis and

18  Government Accountability, to the extent they are available,

19  request any reports or additional analyses as necessary, and

20  submit a recommendation for executive agencies, which may

21  include a recommendation regarding incentives or disincentives

22  for agency performance. Incentives or disincentives may apply

23  to all or part of a state agency. The Chief Justice shall

24  review the findings of the Office of Program Policy Analysis

25  and Government Accountability regarding judicial branch

26  performance and make appropriate recommendations for the

27  judicial branch.

28         (a)  Incentives may include, but are not limited to:

29         1.  Additional flexibility in budget management, such

30  as, but not limited to, the use of lump sums or, special

31  categories, or performance-based program appropriation;


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    CS for SB 1466                           First Engrossed (ntc)



  1  consolidation of budget entities or program components;

  2  consolidation of appropriation categories; and increased

  3  agency transfer authority between appropriation categories or

  4  budget entities.

  5         2.  Additional flexibility in salary rate and position

  6  management.

  7         3.  Retention of up to 50 percent of all unencumbered

  8  balances of appropriations as of June 30, or undisbursed

  9  balances as of December 31, excluding special categories and

10  grants and aids, which may be used for nonrecurring purposes

11  including, but not limited to, lump-sum bonuses, employee

12  training, or productivity enhancements, including technology

13  and other improvements.

14         4.  Additional funds to be used for, but not limited

15  to, lump-sum bonuses, employee training, or productivity

16  enhancements, including technology and other improvements.

17         5.  Additional funds provided pursuant to law to be

18  released to an agency quarterly or incrementally contingent

19  upon the accomplishment of units of output or outcome

20  specified in the General Appropriations Act.

21         (b)  Disincentives may include, but are not limited to:

22         1.  Mandatory quarterly reports to the Executive Office

23  of the Governor and the Legislature on the agency's progress

24  in meeting performance standards.

25         2.  Mandatory quarterly appearances before the

26  Legislature, the Governor, or the Governor and Cabinet to

27  report on the agency's progress in meeting performance

28  standards.

29         3.  Elimination or restructuring of the program, which

30  may include, but not be limited to, transfer of the program or

31  outsourcing all or a portion of the program.


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    CS for SB 1466                           First Engrossed (ntc)



  1         4.  Reduction of total positions for a program.

  2         5.  Restriction on or reduction of the spending

  3  authority provided in s. 216.292(2) and (4).

  4         6.  Reduction of managerial salaries.

  5         (5)  At the same time that the Governor furnishes each

  6  senator and representative with a copy of his or her

  7  recommended balanced budget under s. 216.162(1), the Executive

  8  Office of the Governor shall electronically transmit to the

  9  legislative appropriations committees the Governor's

10  recommended budget, the Exhibit B, Major Issues, and D-3a's.

11         (6)  At the time the Governor is required to furnish

12  copies of his or her recommended budget to each senator and

13  representative under s. 216.162(1), the Governor shall declare

14  an impasse in all collective bargaining negotiations for which

15  he or she is deemed to be the public employer and for which a

16  collective bargaining agreement has not been executed.  Within

17  14 days thereafter, the Governor shall furnish the legislative

18  appropriations committees with documentation relating to the

19  last offer he or she made during such collective bargaining

20  negotiations or recommended to a mediator or special master

21  appointed to resolve the impasse.

22         Section 21.  Subsections (1) and (2) of section

23  216.177, Florida Statutes, are amended to read:

24         216.177  Appropriations acts, statement of intent,

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

26         (1)  When an appropriations act is delivered to the

27  Governor after the Legislature has adjourned sine die, as soon

28  as practicable, but no later than the 10th day before the end

29  of the period allowed by law for veto consideration in any

30  year in which an appropriation is made, the chairs of the

31  legislative appropriations committees shall jointly transmit:


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    CS for SB 1466                           First Engrossed (ntc)



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

  2  workload measures as appropriate;

  3         (a)(b)  The official list of General Revenue Fund

  4  appropriations determined in consultation with the Executive

  5  Office of the Governor to be nonrecurring; and

  6         (b)(c)  The documents set forth in s. 216.0442(2)(a)

  7  and (c),

  8

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

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

11  each state agency.  The statement of intent constitutes a

12  manifestation of how the Legislature, in its considered

13  opinion as a representative of the people, thinks

14  appropriations should be spent.  The statement of intent is

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

16  amend or correct any provision, in the General Appropriations

17  Act, but the statement of intent may provide additional

18  explanation to the Executive Office of the Governor, the

19  judicial branch, the Administration Commission, and each

20  affected state agency relative to the purpose, objectives,

21  spending philosophy, and restrictions associated with any

22  specific appropriation.  The statement of intent shall compare

23  the request of the agency or of the judicial branch or the

24  recommendation of the Governor to the funds appropriated for

25  the purpose of establishing intent in the development of the

26  approved operating budget.  A request for additional

27  explanation and direction regarding the legislative intent of

28  the General Appropriations Act during the fiscal year may be

29  made only by and through the Executive Office of the Governor

30  for state agencies, and by and through the Chief Justice of

31  the Supreme Court for the judicial branch, as is deemed


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    CS for SB 1466                           First Engrossed (ntc)



  1  necessary.  However, the Comptroller may also request further

  2  clarification of legislative intent pursuant to the

  3  Comptroller's responsibilities related to his or her preaudit

  4  function of expenditures.

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

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

  7  Supreme Court, or the commission is required by this chapter,

  8  such notice shall be given to the chair of the Legislative

  9  Budget Commission chairs of the legislative appropriations

10  committees in writing, and shall be delivered to both such

11  chairs at least 14 consecutive days prior to the action

12  referred to, unless a shorter period is approved in writing by

13  the chair both such chairs. If the action is solely for the

14  release of funds appropriated by the Legislature, the notice

15  shall be delivered at least 3 days before the effective date

16  of the action. Action shall not be taken on any budget item

17  for which this chapter requires notice to the Legislative

18  Budget Commission appropriations committees without such

19  notice having been provided, even though there may be good

20  cause for considering such item.

21         (b)  If the chair of the Legislative Budget Commission

22  chairs of the legislative appropriations committees or the

23  President of the Senate and the Speaker of the House of

24  Representatives timely advise, in writing, the Executive

25  Office of the Governor or, the Chief Justice of the Supreme

26  Court, or the Administration Commission that an action or a

27  proposed action subject to the notice and review requirements

28  of this chapter exceeds the delegated authority of the

29  Executive Office of the Governor for the executive branch or,

30  the Chief Justice for the judicial branch, or the

31  Administration Commission, respectively, or is contrary to


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    CS for SB 1466                           First Engrossed (ntc)



  1  legislative policy and intent, the Governor or, the Chief

  2  Justice of the Supreme Court, or the Administration Commission

  3  shall void such action and instruct the affected state agency

  4  or entity of the judicial branch to change immediately its

  5  spending action or spending proposal until the Legislature

  6  addresses the issue.  The written documentation shall indicate

  7  the specific reasons that an action or proposed action exceeds

  8  the delegated authority or is contrary to legislative policy

  9  and intent.

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

11  provide by rule that any member of the House of

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

13  the President of the Senate or the Speaker of the House of

14  Representatives or the chair of the respective Legislative

15  Budget Commission appropriations committee to initiate the

16  procedures of paragraph (b).

17         Section 22.  Section 216.178, Florida Statutes, is

18  amended to read:

19         216.178  General Appropriations Act; format; procedure;

20  cost statement for new debt or obligation.--

21         (1)  Any information contained in a conference

22  committee report on a general or supplemental appropriations

23  bill, on any other bill adopted by the same conference

24  committee to implement a general or supplemental

25  appropriations bill and effective for the same period as such

26  appropriations bill, or on a revenue bill during any regular

27  or special legislative session must be made available to the

28  members of the Legislature and to the public at least 72 48

29  hours before the report may be voted on by the Senate or the

30  House of Representatives.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (2)  Effective June 30, 1993, The Office of Planning

  2  and Budgeting shall develop a final budget report that

  3  reflects the net appropriations for each budget item.  The

  4  report shall reflect actual expenditures for each of the 2

  5  preceding fiscal years and the estimated expenditures for the

  6  current fiscal year.  In addition, the report must contain the

  7  actual revenues and cash balances for the preceding 2 fiscal

  8  years and the estimated revenues and cash balances for the

  9  current fiscal year.  The report may also contain expenditure

10  data, program objectives, and program measures for each state

11  agency program. The report must be produced by October 15 each

12  year.  A copy of the report must be made available to each

13  member of the Legislature, to the head of each state agency,

14  to the Auditor General, and to the public.

15         (3)  The Governor shall submit to the Secretary of

16  State, along with the signed General Appropriations Act, a

17  statement which sets forth the estimated cost of each new

18  proposed state debt or obligation contained in the act.  Each

19  statement shall be written in substantially the following

20  form:

21

22         The General Appropriations Act for fiscal year

23  ...(insert years)... authorizes the issuance of $ ...(insert

24  principal)... of debt or obligation at a forecasted interest

25  rate of ...(insert rate of interest)....  The total interest

26  paid over the life of this debt or obligation will be $

27  ...(insert sum of interest payments).... Additionally, it is

28  estimated that the 5-year operational costs associated with

29  those capital outlay projects to be funded by the incurrence

30  of this debt or obligation will be $ ...(insert costs)....

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         Section 23.  Section 216.179, Florida Statutes, is

  2  amended to read:

  3         216.179  Reinstatement of vetoed appropriations by

  4  administrative means prohibited.--After the Governor has

  5  vetoed a specific appropriation for an agency or the judicial

  6  branch, neither the Governor, the Administration Commission,

  7  nor the Chief Justice of the Supreme Court, nor a state

  8  agency, in their various statutory and constitutional roles,

  9  may authorize expenditures for or implementation in any manner

10  of the programs that were authorized by the vetoed

11  appropriation.

12         Section 24.  Section 216.181, Florida Statutes, is

13  amended to read:

14         216.181  Approved budgets for operations and fixed

15  capital outlay.--

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

17  containing appropriations shall be considered the original

18  approved operating budgets for operational and fixed capital

19  expenditures. Amendments to the approved operating budgets for

20  operational and fixed capital outlay expenditures from state

21  agencies may be requested only through the Executive Office of

22  the Governor and approved by the Governor or Administration

23  Commission as provided in this chapter. Amendments from the

24  judicial branch may be requested only through, and approved

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

26  amendments which are necessary to implement the provisions of

27  s. 216.212 or s. 216.221.

28         (2)  Amendments to the original approved operating

29  budgets for operational and fixed capital outlay expenditures

30  must comply with the following guidelines in order to be

31  approved by the Governor or Administration Commission as


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    CS for SB 1466                           First Engrossed (ntc)



  1  provided in this chapter for the executive branch and the

  2  Chief Justice for the judicial branch:

  3         (a)  The amendment must be consistent with legislative

  4  policy and intent.

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

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

  7  existing program.

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

  9  provisions of this chapter, the amendment may not provide

10  funding or increased funding for items which were funded by

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

12  agency or Governor in the legislative budget request or which

13  were vetoed by the Governor.

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

15  must be adequate and appropriate revenues available in the

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

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

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

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

20  provided in subsection (11).

21         (e)  The amendment shall not conflict with any

22  provision of law.

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

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

25  agency legislative budget request and not funded in the

26  General Appropriations Act.

27         (g)  The amendment must include a written description

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

29  interim budget action is necessary, and the intended recipient

30  of any funds for contracted services.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (h)  The amendment must not provide general salary

  2  increases which the Legislature has not authorized in the

  3  General Appropriations Act or other laws.

  4         (3)  All amendments to original approved operating

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

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

  7         (4)  To the extent possible, individual members of the

  8  Senate and the House of Representatives should be advised of

  9  budget amendments requested by the executive branch.

10         (5)(4)  An All amendments to the original approved

11  operating budgets, regardless of funding source, are subject

12  to the notice and review procedures set forth in s. 216.177

13  and must be approved by the Governor and Administration

14  Commission as provided in this chapter for the executive

15  branch and the Chief Justice for the judicial branch if the

16  amendment is for an information resources management project

17  or initiative that involves more than one agency, has an

18  outcome that impacts another agency, or exceeds $500,000 in

19  total cost over a 1-year period, except for those projects

20  that are a continuation of hardware or software maintenance or

21  software licensing agreements, or that are for desktop

22  replacement that is similar to the technology currently in use

23  must be reviewed by the Technology Review Workgroup pursuant

24  to s. 216.0466 and approved by the Executive Office of the

25  Governor for the executive branch or by the Chief Justice for

26  the judicial branch, and shall be subject to the notice and

27  review procedures set forth in s. 216.177.

28         (6)(5)(a)  The Executive Office of the Governor or the

29  Chief Justice of the Supreme Court may require the submission

30  of a detailed plan from the agency or entity of the judicial

31  branch affected, consistent with the General Appropriations


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    CS for SB 1466                           First Engrossed (ntc)



  1  Act, special appropriations acts, and the statement of intent

  2  before transferring and releasing the balance of a lump-sum

  3  appropriation. The provisions of this paragraph are subject to

  4  the notice and review procedures set forth in s. 216.177.

  5         (b)  The Executive Office of the Governor may amend,

  6  without approval of the Legislative Budget Administration

  7  Commission, state agency budgets to reflect the transferred

  8  funds based on the approved plans for lump-sum appropriations.

  9

10  The Executive Office of the Governor shall transmit to each

11  state agency and the Comptroller, and the Chief Justice shall

12  transmit to each judicial branch component and the

13  Comptroller, any approved amendments to the approved operating

14  budgets.

15         (7)(6)  The Executive Office of the Governor may, for

16  the purpose of improved contract administration, authorize the

17  consolidation of two or more fixed capital outlay

18  appropriations for an agency, and the Chief Justice of the

19  Supreme Court for the judicial branch, except for projects

20  authorized under chapter 235, provided the original scope and

21  purpose of each project are not changed.

22         (7)  The original approved annual salary rate for the

23  Division of Administrative Hearings shall be as set forth in

24  the General Appropriations Act.  This rate may be adjusted by

25  the Executive Office of the Governor subject to the provisions

26  of s. 120.65(2).

27         (8)  As part of the approved operating budget, the

28  Executive Office of the Governor shall furnish to each state

29  agency, and the Chief Justice of the Supreme Court shall

30  furnish to the entity of the judicial branch, an approved

31  annual salary rate for each budget entity containing a salary


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    CS for SB 1466                           First Engrossed (ntc)



  1  appropriation. This rate shall be based upon the actual salary

  2  rate and shall be consistent with the General Appropriations

  3  Act or special appropriations acts.  The annual salary rate

  4  shall be:

  5         (a)  Calculated based on the actual salary rate in

  6  effect on June 30, and the salary policy and the number of

  7  authorized positions as specified in the General

  8  Appropriations Act and special appropriations acts, or as

  9  provided pursuant to s. 216.177.

10         (b)  Controlled by department or agency; except for the

11  Department of Education, which shall be controlled by division

12  and for the judicial branch, which shall be controlled at the

13  branch level budget entity.

14         (c)  Assigned to the number of authorized positions,

15  which may not be transferred between budget entities unless

16  the associated positions are also transferred pursuant to s.

17  216.262(1)(c).

18         (9)(a)  The calculation for the annual salary rate for

19  vacant and newly authorized positions shall be at no more than

20  the midpoint of the range of the pay grade for the position or

21  as provided in the General Appropriations Act.

22         (b)  No agency or the judicial branch may exceed its

23  maximum approved annual salary rate for the fiscal year.

24  However, at any time during the fiscal year, an agency or

25  entity of the judicial branch may exceed its approved rate for

26  all budget entities by no more than 5 percent, provided that,

27  by June 30 of every fiscal year, the agency or entity of the

28  judicial branch has reduced its salary rate so that the salary

29  rate for each budget entity is within the approved rate limit

30  for that budget entity.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (10)(a)  The Executive Office of the Governor and the

  2  Chief Justice of the Supreme Court may increase or decrease

  3  the approved salary rate for positions for the purpose of

  4  implementing the General Appropriations Act, special

  5  appropriations acts, and actions pursuant to s. 216.262 other

  6  adjustments if they are deemed to be necessary and in the best

  7  interest of the state and consistent with legislative intent

  8  and policy.  The provisions of this paragraph are subject to

  9  the notice and review procedures set forth in s. 216.177.

10         (b)  Lump-sum salary bonuses may be provided only if

11  specifically appropriated.

12         (11)  The Executive Office of the Governor may approve

13  transfers of appropriations in the General Appropriations Act

14  within any state trust fund of an agency, and the Chief

15  Justice of the Supreme Court may approve such transfers for

16  the judicial branch.  The Governor and the Chief Justice of

17  the Supreme Court may establish nonoperating budgets if deemed

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

19  with legislative intent and policy.  The Executive Office of

20  the Governor and the Chief Justice of the Supreme Court may

21  approve changes in the amounts appropriated from state trust

22  funds in excess of those in the approved operating budget only

23  pursuant to the federal funds provisions of s. 216.212, when

24  grants and donations are received after April 1, or when

25  deemed necessary due to a set of conditions that were

26  unforeseen at the time the General Appropriations Act was

27  adopted and that are essential to correct in order to continue

28  the operation of government. The provisions of this subsection

29  are subject to the notice, review, and objection procedures

30  set forth in s. 216.177.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (12)  There is appropriated nonoperating budget for

  2  refunds, payments to the U.S. Treasury, payments of the

  3  service charge to the General Revenue Fund, and transfers of

  4  funds specifically required by law. Such authorized budget,

  5  together with related releases, shall be transmitted by the

  6  state agency or by the judicial branch to the Comptroller for

  7  entry in the Comptroller's records in the manner and format

  8  prescribed by the Executive Office of the Governor in

  9  consultation with the Comptroller. A copy of such authorized

10  budgets shall be furnished to the Executive Office of the

11  Governor or the Chief Justice, the chairs of the legislative

12  committees responsible for developing the general

13  appropriations acts, and the Auditor General. The Governor may

14  withhold approval of nonoperating investment authority for

15  certain trust funds when deemed in the best interest of the

16  state. The Governor for the executive branch, and the Chief

17  Justice for the judicial branch, may establish nonoperating

18  budgets for transfers, purchase of investments, special

19  expenses, distributions, and any other nonoperating budget

20  categories they deem necessary and in the best interest of the

21  state and consistent with legislative intent and policy. The

22  provisions of this subsection are subject to the notice,

23  review, and objection procedures set forth in s. 216.177. For

24  purposes of this section, the term "nonoperating budgets"

25  means nonoperating disbursement authority for purchase of

26  investments, refunds, payments to the U.S. Treasury, transfers

27  of funds specifically required by law, distributions of assets

28  held by the state in a trustee capacity as an agent of

29  fiduciary, special expenses, and other nonoperating budget

30  categories as determined necessary by the Executive Office of

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  the Governor, not otherwise appropriated in the General

  2  Appropriations Act.

  3         (13)(12)  Each state agency and the judicial branch

  4  shall develop the internal management procedures and budgets

  5  necessary to assure compliance with the approved operating

  6  budget.

  7         (14)(13)  The Executive Office of the Governor and the

  8  Chief Justice of the Supreme Court shall certify the amounts

  9  approved for operations and fixed capital outlay, together

10  with any relevant supplementary materials or information, to

11  the Comptroller; and such certification shall be the

12  Comptroller's guide with reference to the expenditures of each

13  state agency pursuant to s. 216.192.

14         (15)(14)  The provisions of this section do not apply

15  to the budgets for the legislative branch.

16         (16)(15)(a)  Funds provided in any specific

17  appropriation in the General Appropriations Act may be

18  advanced if the General Appropriations Act specifically so

19  provides.

20         (b)  Any agency, or the judicial branch, that has been

21  authorized by the General Appropriations Act or expressly

22  authorized by other law to make advances for program startup

23  or advances for contracted services, in total or periodically,

24  shall limit such disbursements to other governmental entities

25  and not-for-profit corporations.  The amount which may be

26  advanced shall not exceed the expected cash needs of the

27  contractor or recipient within the initial 3 months.

28  Thereafter, disbursements shall only be made on a

29  reimbursement basis.  Any agreement that provides for

30  advancements may contain a clause that permits the contractor

31  or recipient to temporarily invest the proceeds, provided that


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    CS for SB 1466                           First Engrossed (ntc)



  1  any interest income shall either be returned to the agency or

  2  be applied against the agency's obligation to pay the contract

  3  amount.  This paragraph does not constitute lawful authority

  4  to make any advance payment not otherwise authorized by laws

  5  relating to a particular agency or general laws relating to

  6  the expenditure or disbursement of public funds.  The

  7  Comptroller may, after consultation with the legislative

  8  appropriations committees, advance funds beyond a 3-month

  9  requirement waive the requirements of this paragraph which

10  apply to advances if it is determined to be consistent with

11  the intent of the approved operating budget.

12         (c)  For the 1999-2000 fiscal year only, funds

13  appropriated to the Department of Children and Family Services

14  in Specific Appropriations 292 through 425 and the Department

15  of Health in Specific Appropriations 445 through 540 of the

16  1999-2000 General Appropriations Act may be advanced, unless

17  specifically prohibited in such General Appropriations Act,

18  for those contracted services that were approved for

19  advancement by the Comptroller in fiscal year 1993-1994,

20  including those services contracted on a fixed-price or unit

21  cost basis.  This paragraph is repealed on July 1, 2000.

22         (16)  Notwithstanding any provision of this section to

23  the contrary and for the 1999-2000 fiscal year only, the

24  Department of Children and Family Services is authorized to

25  use operating funds budgeted for Developmental Services

26  Institutions for fixed capital outlay expenditures as needed

27  to bring any currently unlicensed beds up to Federal

28  Intermediate Care Facility for the Developmentally Disabled

29  licensure standards. This subsection is repealed on July 1,

30  2000.

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (17)  Notwithstanding any other provision of this

  2  section to the contrary, and for the 1999-2000 fiscal year

  3  only, the Florida Department of Law Enforcement may transfer

  4  up to 20 positions and associated budget between budget

  5  entities, provided the same funding source is used throughout

  6  each transfer. The department may also transfer up to 10

  7  percent of the initial approved salary rate between budget

  8  entities, provided the same funding source is used throughout

  9  each transfer. The department must provide notice to the

10  Executive Office of the Governor, the chair of the Senate

11  Budget Committee, and the chair of the House Committee on

12  Criminal Justice Appropriations for all transfers of positions

13  or salary rate. This subsection is repealed on July 1, 2000.

14         (18)  Notwithstanding any other provision of this

15  chapter to the contrary, the Florida Department of

16  Transportation, in order to facilitate the transfer of

17  personnel to the new turnpike headquarters location in Orange

18  County, may transfer salary rate to the turnpike budget entity

19  from other departmental budget entities. The department must

20  provide documentation of all transfers to the Executive Office

21  of the Governor, the Chairman of the Senate Budget Committee,

22  and the Chairman of the House of Representatives Committee on

23  Transportation and Economic Development Appropriations. This

24  subsection expires July 1, 2000.

25         Section 25.  Section 216.1825, Florida Statutes, is

26  created to read:

27         216.1825  Zero-based budgeting.--

28         (1)  Beginning July 1, 2000, and continuing thereafter,

29  the Legislative Budget Commission shall apply zero-based

30  budgeting principles in reviewing the budget of each state

31  agency at least once every 8 years.


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    CS for SB 1466                           First Engrossed (ntc)



  1         (2)  No later than July 1 of each year, the commission

  2  shall issue instructions to the agencies whose budgets are to

  3  be reviewed prior to the next legislative session. Dates of

  4  submission for information required by the commission will be

  5  included in the instructions.

  6         (3)  The commission shall provide its reports of

  7  zero-based budgeting reviews to the President of the Senate

  8  and the Speaker of the House of Representatives on or before

  9  December 31.

10         (4)  For fiscal year 2001-2002, budgets of the

11  Department of Revenue and the Department of Law Enforcement

12  shall be the subject of zero-based budgeting review by the

13  commission. The commission shall, by February 1, 2001, provide

14  to the President of the Senate and the Speaker of the House of

15  Representatives, a schedule for completing zero-based

16  budgeting reviews of all remaining state agencies prior to

17  December 31, 2008.

18         (5)  In addition to its permanent staff, the commission

19  is authorized to request assistance from the staff of any

20  joint standing committee of the Legislature and from the staff

21  of any standing committee of the Senate or the House of

22  Representatives if required to perform the zero-based

23  budgeting reviews required by this section.

24         Section 26.  Section 216.183, Florida Statutes, is

25  amended to read:

26         216.183  Entities using performance-based program

27  budgets; chart of accounts.--State agencies and the judicial

28  branch for which a performance-based program budget has been

29  appropriated shall utilize the chart of accounts used by the

30  Florida Accounting Information Resource Subsystem in the

31  manner described in s. 215.93(3). The chart of accounts for


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    CS for SB 1466                           First Engrossed (ntc)



  1  state agencies and the judicial branch for which a

  2  performance-based program budget has been appropriated shall

  3  be developed and amended, if necessary, in consultation with

  4  the Department of Banking and Finance, and the Executive

  5  Office of the Governor, and the chairs of the Legislative

  6  Budget Commission.

  7         Section 27.  Subsection (1) of section 216.192, Florida

  8  Statutes, is amended to read:

  9         216.192  Release of appropriations; revision of

10  budgets.--

11         (1)  Unless otherwise provided in the General

12  Appropriations Act, on July 1 of each fiscal year, up to 25 20

13  percent of the original approved operating budget of each

14  agency and of the judicial branch may shall be released until

15  such time as annual plans for quarterly releases for all

16  appropriations have been developed, approved, and furnished to

17  the Comptroller by the Executive Office of the Governor for

18  state agencies and by the Chief Justice of the Supreme Court

19  for the judicial branch.  The plans, including appropriate

20  plans of releases for fixed capital outlay projects that

21  correspond with each project schedule, shall attempt to

22  maximize the use of trust funds and shall be transmitted to

23  the Comptroller by August 1 of each fiscal year. Such releases

24  shall at no time exceed the total appropriations available to

25  a state agency or to the judicial branch, or the approved

26  budget for such agency or the judicial branch if less. The

27  Comptroller shall enter such releases in his or her records in

28  accordance with the release plans prescribed by the Executive

29  Office of the Governor and the Chief Justice, unless otherwise

30  amended as provided by law.  The Executive Office of the

31  Governor and the Chief Justice shall transmit a copy of the


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    CS for SB 1466                           First Engrossed (ntc)



  1  approved annual releases to the head of the state agency, the

  2  chair of the Legislative Budget Commission chairs of the

  3  legislative appropriations committees, and the Auditor

  4  General. The Comptroller shall authorize all expenditures to

  5  be made from the appropriations on the basis of such releases

  6  and in accordance with the approved budget, and not otherwise.

  7  Expenditures shall be authorized only in accordance with

  8  legislative authorizations. Nothing herein precludes periodic

  9  reexamination and revision by the Executive Office of the

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

11  release of appropriations and the notifications of the parties

12  of all such revisions.

13         Section 28.  Section 216.195, Florida Statutes, is

14  amended to read:

15         216.195  Impoundment of funds; restricted.--The

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

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

18  Commission, or any state agency shall not impound any

19  appropriation except as necessary to avoid or eliminate a

20  deficit pursuant to the provisions of s. 216.221.  As used in

21  this section, the term "impoundment" means the omission of any

22  appropriation or part of an appropriation in the approved

23  operating plan prepared pursuant to s. 216.181 or in the

24  schedule of releases prepared pursuant to s. 216.192 or the

25  failure of any state agency or the judicial branch to spend an

26  appropriation for the stated purposes authorized in the

27  approved operating budget. The provisions of this section are

28  subject to the notice and review procedures of s. 216.177.

29  The Governor or either house of the Legislature may seek

30  judicial review of any action or proposed action which

31  violates the provisions of this section.


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  1         Section 29.  Section 216.212, Florida Statutes, is

  2  amended to read:

  3         216.212  Budgets for federal funds; restrictions on

  4  expenditure of federal funds.--

  5         (1)  The Executive Office of the Governor, the office

  6  of the Comptroller, and the office of the Treasurer shall

  7  develop and implement procedures for accelerating the drawdown

  8  of, and minimizing the payment of interest on, federal funds.

  9  The Executive Office of the Governor shall establish a

10  clearinghouse for federal programs and activities.  The

11  clearinghouse shall develop the capacity to respond to federal

12  grant opportunities and to coordinate the use of federal funds

13  in the state.

14         (a)  Every state agency, when making a request or

15  preparing a budget to be submitted to the Federal Government

16  for funds, equipment, material, or services, shall submit such

17  request or budget to the Executive Office of the Governor for

18  review approval before submitting it to the proper federal

19  authority. However, the Executive Office of the Governor may

20  specifically authorize any agency to submit specific types of

21  grant proposals directly to the Federal Government.

22         (b)  Every office or court of the judicial branch, when

23  making a request or preparing a budget to be submitted to the

24  Federal Government for funds, equipment, material, or

25  services, shall submit such request or budget to the Chief

26  Justice of the Supreme Court for approval before submitting it

27  to the proper federal authority.  However, the Chief Justice

28  may specifically authorize any court to submit specific types

29  of grant proposals directly to the Federal Government.

30         (2)  When such federal authority has approved the

31  request or budget, the state agency or the judicial branch


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    CS for SB 1466                           First Engrossed (ntc)



  1  shall submit to the Executive Office of the Governor such

  2  documentation showing approval as that office prescribes.

  3  Beginning July 1, 1993, The Executive Office of the Governor

  4  must acknowledge each approved request or budget by entering

  5  that approval into an Automated Grant Management System

  6  developed in consultation with the chairs of the House of

  7  Representatives and Senate appropriations committees.

  8         (3)  Federal money appropriated by Congress or received

  9  from court settlements to be used for state purposes, whether

10  by itself or in conjunction with moneys appropriated by the

11  Legislature, may not be expended unless appropriated by the

12  Legislature.  However, the Executive Office of the Governor or

13  the Chief Justice of the Supreme Court may, after consultation

14  with the legislative appropriations committees, approve the

15  receipt and expenditure of funds from federal sources by state

16  agencies or by the judicial branch.  Any federal programs

17  requiring state matching funds which funds were eliminated, or

18  were requested and were not approved, by the Legislature may

19  not be implemented during the interim.  However, federal and

20  other fund sources for the State University System which do

21  not carry a continuing commitment on future appropriations are

22  hereby appropriated for the purpose received.

23         (4)  The Office of the Comptroller and the Executive

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

25  Treasurer and the Office of the Auditor General, shall develop

26  and maintain a means to ensure the compatibility of the

27  Florida Accounting Information Resource Subsystem and the

28  Federal Aid Tracking System.  Any successive systems serving

29  identical or similar functions shall preserve such

30  compatibility.

31


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  1         Section 30.  Section 216.216, Florida Statutes, is

  2  created to read:

  3         216.216  Court settlement funds negotiated by the

  4  state.--In any court settlement in which a state agency or

  5  officer or any other counsel representing the interests of the

  6  state negotiates settlement amounts to be expended on any

  7  state operational or fixed capital issue in the judicial

  8  branch or the executive branch, such funds may not be expended

  9  unless appropriated by the Legislature to the appropriate

10  agency responsible for the operational or fixed capital issue.

11  When a state agency or officer settles an action in which the

12  state will receive moneys, the funds shall be placed in the

13  General Revenue Fund or in the trust fund that is associated

14  with the agency's or officer's authority to pursue the legal

15  action. The provisions of this section are subject to the

16  notice and review procedures set forth in s. 216.177.

17         Section 31.  Subsections (2) and (6) of section

18  216.221, Florida Statutes, are amended to read:

19         216.221  Appropriations as maximum appropriations;

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

21         (2)  The Legislature may shall annually provide

22  direction in the General Appropriations Act regarding use of

23  the Budget Stabilization Fund and Working Capital Fund to

24  offset General Revenue Fund deficits.

25         (6)  If the Revenue Estimating Conference projects a

26  deficit in the General Revenue Fund in excess of 1.5 percent

27  of the moneys appropriated from the General Revenue Fund $300

28  million during a fiscal year or when the cumulative total of a

29  series of projected deficits in the General Revenue Fund

30  exceeds 1.5 percent of the moneys appropriated from the

31


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    CS for SB 1466                           First Engrossed (ntc)



  1  General Revenue Fund $300 million, the deficit shall be

  2  resolved by the Legislature.

  3         Section 32.  Paragraph (a) of subsection (2) of section

  4  216.251, Florida Statutes, is amended to read:

  5         216.251  Salary appropriations; limitations.--

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

  7  indicated in the appropriations acts shall be as provided in

  8  one of the following subparagraphs:

  9         1.  Within the classification and pay plans provided

10  for in chapter 110.

11         2.  Within the classification and pay plans established

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

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

14  the State Board of Education for academic and academic

15  administrative personnel.

16         3.  Within the classification and pay plan approved and

17  administered by the Board of Regents for those positions in

18  the State University System.

19         4.  Within the classification and pay plan approved by

20  the President of the Senate and the Speaker of the House of

21  Representatives, or by the Legislative Auditing Committee, as

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

23         5.  Within the approved classification and pay plan for

24  the judicial branch.

25         6.  The salary of all positions not specifically

26  included in this subsection shall be set by the commission or

27  by the Chief Justice for the judicial branch.

28         Section 33.  Paragraphs (a), (b), and (f) of subsection

29  (1) of section 216.262, Florida Statutes, are amended to read:

30         216.262  Authorized positions.--

31


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    CS for SB 1466                           First Engrossed (ntc)



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

  2  total number of authorized positions may not exceed the total

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

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

  5  of positions so provided is not sufficient to administer its

  6  authorized programs, it may file an application with the

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

  8  the office or Chief Justice certifies that there are no

  9  authorized positions available for addition, deletion, or

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

11  recommends an increase in the number of positions, the

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

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

14  the following reasons only:

15         1.  To implement or provide for continuing federal

16  grants or changes in grants not previously anticipated;

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

18         3.  To satisfy new federal regulations or changes

19  therein;

20         4.  To take advantage of opportunities to reduce

21  operating expenditures or to increase the revenues of the

22  state or local government; and

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

24  Legislature through error in drafting the appropriations acts.

25

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

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

28  application, the certification, and the final authorization

29  shall be filed with the Legislative Budget Commission

30  appropriations committees and with the Auditor General.

31


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  1         (b)  The Governor Administration Commission and the

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

  3  or managerial positions within a department and establish

  4  direct service delivery positions in excess of the number of

  5  supervisory or managerial positions deleted.  The salary rate

  6  for all positions authorized under this paragraph may not

  7  exceed the salary rate for all positions deleted under this

  8  paragraph. Positions affected by changes made under this

  9  paragraph may be funded only from identical funding sources.

10         (f)  Perquisites may not be furnished by a state agency

11  or by the judicial branch unless approved by the Department of

12  Management Services, or otherwise delegated to the agency

13  head, or by the Chief Justice, respectively, during each

14  fiscal year. Whenever a state agency or the judicial branch is

15  to furnish perquisites, the Department of Management Services

16  or the agency head to which the approval has been delegated or

17  the Chief Justice, respectively, must approve the kind and

18  monetary value of such perquisites before they may be

19  furnished. Perquisites may be furnished only when in the best

20  interest of the state due to the exceptional or unique

21  requirements of the position. The value of a perquisite may

22  not be used to compute an employee's base rate of pay or

23  regular rate of pay unless required by the Fair Labor

24  Standards Act. Permissible perquisites include, but are not

25  limited to, moving expenses, clothing, use of vehicles and

26  other transportation, domestic services, groundskeeping

27  services, telephone services, medical services, housing,

28  utilities, and meals. The Department of Management Services

29  may adopt uniform rules applicable to the executive branch

30  agencies to implement its responsibilities under this

31  paragraph, which rules may specify additional perquisites,


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  1  establish additional criteria for each kind of perquisite,

  2  provide the procedure to be used by executive agencies in

  3  applying for approvals, and establish the required

  4  justification. As used in this section, the term "perquisites"

  5  means those things, or the use thereof, or services of a kind

  6  that confer on the officers or employees receiving them some

  7  benefit that is in the nature of additional compensation, or

  8  that reduce to some extent the normal personal expenses of the

  9  officer or employee receiving them. The term includes, but is

10  not limited to, such things as quarters, subsistence,

11  utilities, laundry services, medical service, use of

12  state-owned vehicles for other than state purposes, and

13  servants paid by the state.

14         Section 34.  Subsection (1) of section 216.271, Florida

15  Statutes, is amended to read:

16         216.271  Revolving funds.--

17         (1)  No revolving fund may be established or increased

18  in amount pursuant to s. 18.101(2), unless approved by the

19  Comptroller.  The purpose and uses of a revolving fund may not

20  be changed without the prior approval of the Comptroller. As

21  used in this section, the term "revolving fund" means a cash

22  fund maintained within or outside the State Treasury and

23  established from an appropriation, to be used by an agency or

24  the judicial branch in making authorized expenditures.

25         Section 35.  Section 216.292, Florida Statutes, is

26  amended to read:

27         216.292  Appropriations nontransferable; exceptions.--

28         (1)(a)  Funds provided in the General Appropriations

29  Act or as otherwise expressly provided by law shall be

30  expended only for the purpose for which appropriated, except

31  that if deemed necessary such moneys may be transferred as


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    CS for SB 1466                           First Engrossed (ntc)



  1  provided in subsections (3) and, (4), and (5) when it is

  2  determined to be in the best interest of the state.

  3  Appropriations for fixed capital outlay may not be expended

  4  for any other purpose, and appropriations may not be

  5  transferred between state agencies, or between a state agency

  6  and the judicial branch, unless specifically authorized by

  7  law.

  8         (b)  For the 1998-1999 fiscal year only, The Department

  9  of Children and Family Services and the Agency for Health Care

10  Administration may transfer general revenue funds as necessary

11  to comply with any provision of the General Appropriations Act

12  that requires or specifically authorizes the transfer of

13  general revenue funds between these two agencies. This

14  paragraph is repealed on July 1, 1999.

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

16  program must be distributed by the Governor for state agencies

17  or the Chief Justice for the judicial branch into the

18  traditional expenditure categories in accordance with s.

19  216.181(6)(b) s. 216.181(5)(b).  At any time during the year,

20  the agency head or Chief Justice may transfer funds between

21  those categories with no limit on the amount of the transfer.

22  Authorized revisions of the original approved operating

23  budget, together with related changes, if any, must be

24  transmitted by the state agency or by the judicial branch to

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

26  chair of the Legislative Budget Commission chairs of the

27  legislative appropriations committees, the Office of Program

28  Policy Analysis and Government Accountability, and the Auditor

29  General. Such authorized revisions shall be consistent with

30  the intent of the approved operating budget, shall be

31  consistent with legislative policy and intent, and shall not


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    CS for SB 1466                           First Engrossed (ntc)



  1  conflict with specific spending policies specified in the

  2  General Appropriations Act. The Executive Office of the

  3  Governor shall forward a copy of the revisions within 7

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

  5  records in the manner and format prescribed by the Executive

  6  Office of the Governor in consultation with the Comptroller.

  7  Such authorized revisions shall be consistent with the intent

  8  of the approved operating budget, shall be consistent with

  9  legislative policy and intent, and shall not conflict with

10  specific spending policies specified in the General

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

12  apply to programs operating under performance-based program

13  budgeting where a lump sum was appropriated.

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

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

16  reason of changed conditions, may transfer appropriations

17  funded from identical funding sources, except appropriations

18  for fixed capital outlay, and transfer the amounts included

19  within the total original approved budget and releases as

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

21         (a)  Between categories of appropriations within a

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

23  decreased by more than 5 percent of the original approved

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

25  action taken under this subsection.

26         (b)  Additionally, between budget entities within

27  identical categories of appropriations, if no category of

28  appropriation is increased or decreased by more than 5 percent

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

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

31


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    CS for SB 1466                           First Engrossed (ntc)



  1         (c)  Such authorized revisions must be consistent with

  2  the intent of the approved operating budget, must be

  3  consistent with legislative policy and intent, and must not

  4  conflict with specific spending policies specified in the

  5  General Appropriations Act.

  6

  7  Such authorized revisions, together with related changes, if

  8  any, in the plan for release of appropriations, shall be

  9  transmitted by the state agency or by the judicial branch to

10  the Comptroller for entry in the Comptroller's records in the

11  manner and format prescribed by the Executive Office of the

12  Governor in consultation with the Comptroller.  A copy of such

13  revision shall be furnished to the Executive Office of the

14  Governor or the Chief Justice, the chair of the Legislative

15  Budget Commission chairs of the legislative committees, and

16  the Auditor General.

17         (4)(a)  The head of each department or the Chief

18  Justice of the Supreme Court may transfer funds within

19  programs identified in the General Appropriations Act from

20  identical funding sources between the following appropriation

21  categories without limitation so long as such a transfer does

22  not result in an increase to the total recurring general

23  revenue or trust fund cost of the agency or entity of the

24  judicial branch in the subsequent fiscal year:  other personal

25  services, expenses, operating capital outlay, risk management

26  insurance, transfer to Division of Administrative Hearings,

27  performance-based program budgeting lump sums, acquisition of

28  motor vehicles, data processing services, operating and

29  maintenance of patrol vehicles, overtime payments, salary

30  incentive payments, compensation to retired judges, law

31  libraries, and juror and witness payments. Such transfers must


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    CS for SB 1466                           First Engrossed (ntc)



  1  be consistent with legislative policy and intent and must not

  2  adversely affect achievement of approved performance outcomes

  3  or outputs in any program.  Notice of proposed transfers under

  4  this authority shall be provided to the Executive Office of

  5  the Governor and the chairs of the legislative appropriations

  6  committees at least 5 working days prior to their

  7  implementation.

  8         (b)  The head of each department or the Chief Justice

  9  of the Supreme Court may transfer funds from identical funding

10  sources between salaries and benefits appropriation categories

11  within programs identified in the General Appropriations Act.

12  Such transfers must be consistent with legislative policy and

13  intent and must not adversely affect achievement of approved

14  performance outcomes or outputs in any program. Notice of

15  proposed transfers under this authority shall be provided to

16  the Executive Office of the Governor and the chairs of the

17  legislative appropriations committees at least 5 working days

18  prior to their implementation.

19         (4)  The head of each department or the Chief Justice

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

21  reason of changed conditions, may transfer funds, positions,

22  and salary rate within and between program budget entities

23  with performance-based program appropriations as defined in s.

24  216.011(1)(xx). Such transfers may include appropriations from

25  any operating category, except appropriations for fixed

26  capital outlay. However, the total program funds, positions,

27  and salary rate shall not be increased or decreased by more

28  than 5 percent by all action taken under this section.

29  Authorized revisions of the original approved operating

30  budget, together with related changes, if any, must be

31  transmitted by the state agency or by the judicial branch to


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    CS for SB 1466                           First Engrossed (ntc)



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

  2  chairs of the legislative appropriations committees, the

  3  Office of Program Policy Analysis and Government

  4  Accountability, and the Auditor General. Such authorized

  5  revisions shall be consistent with legislative policy and

  6  intent and shall not conflict with specific spending policies

  7  specified in the General Appropriations Act. The Executive

  8  Office of the Governor shall forward a copy of the revisions

  9  within 7 working days to the Comptroller for entry in his or

10  her records in the manner and format prescribed by the

11  Executive Office of the Governor in consultation with the

12  Comptroller.

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

14  the General Revenue Fund in excess of those provided in

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

16  the judicial branch may be authorized by the commission for

17  the executive branch and the Chief Justice for the judicial

18  branch, pursuant to the request of the agency filed with the

19  Executive Office of the Governor, or pursuant to the request

20  of an entity of the judicial branch filed with the Chief

21  Justice of the Supreme Court, if deemed necessary and in the

22  best interest of the state and consistent with legislative

23  policy and intent.  The provisions of this paragraph are

24  subject to the notice, review, and objection procedures set

25  forth in s. 216.177.

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

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

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

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

30  Supreme Court for the judicial branch the excess may be

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


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

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

  3  within the same department where a deficiency is found to

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

  5  initiated without a specific legislative appropriation, nor

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

  7  the transfer of funds.  The provisions of this paragraph are

  8  subject to the notice, review, and objection procedures set

  9  forth in s. 216.177.

10         (c)  Federal funds for fixed capital outlay projects

11  for the Department of Military Affairs which do not carry a

12  continuing commitment on future appropriations by the

13  Legislature may be approved by the Executive Office of the

14  Governor for the purpose received. The provisions of this

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

16  procedures set forth in s. 216.177.

17         (6)  Upon request of a department to, and approval by,

18  the Comptroller, funds appropriated may be transferred to

19  accounts established for disbursement purposes upon release of

20  such appropriation.  Such transfer may only be made to the

21  same appropriation category and the same funding source from

22  which the funds are transferred.

23         (7)  Any transfers from the Working Capital Fund to the

24  General Revenue Fund may be approved provided such transfers

25  were identified or contemplated by the Legislature in the

26  original approved budget.

27         (8)(a)  Should any state agency or the judicial branch

28  become more than 90 days delinquent on reimbursements due to

29  the Unemployment Compensation Trust Fund, the Department of

30  Labor and Employment Security shall certify to the Comptroller

31  the amount due; and the Comptroller shall transfer the amount


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  1  due to the Unemployment Compensation Trust Fund from any funds

  2  of the agency available. (b)  Should any state agency or the

  3  judicial branch become more than 90 days delinquent in paying

  4  the Division of Risk Management of the Department of Insurance

  5  for insurance coverage, the Department of Insurance may

  6  certify to the Comptroller the amount due; and the Comptroller

  7  shall transfer the amount due to the Division of Risk

  8  Management from any funds of the agency or the judicial branch

  9  available.

10         (9)  Moneys appropriated in the General Appropriations

11  Act for the purpose of paying for services provided by the

12  state communications system in the Department of Management

13  Services shall be paid by the user agencies, or the judicial

14  branch, within 45 days after the billing date.  Billed amounts

15  not paid by the user agencies, or by the judicial branch,

16  shall be transferred by the Comptroller from the user agencies

17  to the Communications Working Capital Trust Fund.

18         (10)  The Comptroller shall report all such transfers

19  and the reasons for such transfers to the legislative

20  appropriations committees and the Executive Office of the

21  Governor.

22         (11)  Where any reorganization has been authorized by

23  the Legislature and the necessary adjustments of

24  appropriations and positions have not been provided in the

25  General Appropriations Act, the Legislative Budget

26  Administration Commission may approve, consistent with

27  legislative policy and intent, the necessary transfers to

28  accomplish the purposes of such reorganization within state

29  agencies.  The Chief Justice of the Supreme Court may approve

30  such transfers for the judicial branch.

31


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  1         Section 36.  Section 216.321, Florida Statutes, is

  2  amended to read:

  3         216.321  Construction of chapter 216 as unauthorized

  4  expenditures and disbursements.--Nothing contained in any

  5  agency legislative budget or operating budget shall be

  6  construed to be an administrative or legislative construction

  7  affirming the existence then of the lawful authority to make

  8  an expenditure or disbursement for any purpose not otherwise

  9  authorized by laws of the particular agency, judicial branch,

10  or legislative branch and the general laws relating to the

11  expenditure or disbursement of public funds.

12         Section 37.  Subsection (11) is added to section 11.45,

13  Florida Statutes, to read:

14         11.45  Definitions; duties; audits; reports.--

15         (11)  In addition to any other provision of law

16  granting access to records and accounts, the Auditor General

17  may, pursuant to his or her own authority granted in this

18  subsection or at the direction of the Legislative Auditing

19  Committee, conduct audits of any direct-support organization

20  or citizen-support organization authorized by law. Independent

21  audits of direct-support organizations and citizen-support

22  organizations conducted by certified public accountants shall

23  be performed in accordance with rules adopted by the Auditor

24  General.

25         Section 38.  Section 11.90, Florida Statutes, is

26  created to read:

27         11.90  Legislative Budgeting Commission.--

28         (1)  There is created a standing joint committee of the

29  Legislature designated the Legislative Budgeting Commission,

30  composed of 14 members as follows:  7 members of the Senate

31  appointed by the President of the Senate, to include the


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  1  Chairman of the Senate Budget Committee or its successor, and

  2  7 members of the House of Representatives appointed by the

  3  Speaker of the House of Representatives, to include the

  4  Chairman of the Fiscal Responsibility Council or its

  5  successor. The terms of members shall be for 2 years and shall

  6  run from the organization of one Legislature to the

  7  organization of the next Legislature. Vacancies occurring

  8  during the interim period shall be filled in the same manner

  9  as the original appointment.  The members of the committee

10  shall elect a chair and vice chair. During the 2-year term, a

11  member of each house shall serve as chair for 1 year.

12         (2)  The Legislative Budget Commission shall be

13  governed by joint rules of the Senate and the House of

14  Representatives which shall remain in effect until repealed or

15  amended by concurrent resolution.

16         (3)  The commission shall meet at least quarterly and

17  more frequently at the direction of the presiding officers or

18  upon call of the chairman. A quorum shall consist of a

19  majority of members from each house, plus one additional

20  member from either house.

21         (4)  The commission may conduct its meetings through

22  teleconferences or other similar means.

23         Section 39.  Subsection (2) of section 120.65, Florida

24  Statutes, is amended to read:

25         120.65  Administrative law judges.--

26         (2)  The director has the right to appeal actions by

27  the Executive Office of the Governor that affect amendments to

28  the division's approved operating budget or any personnel

29  actions pursuant to chapter 216 to the Administration

30  Commission, which shall decide such issue by majority vote.

31  The appropriations committees may advise the Administration


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  1  Commission on the issue. If the President of the Senate and

  2  the Speaker of the House of Representatives object in writing

  3  to the effects of the appeal, the appeal may be affirmed by

  4  the affirmative vote of two-thirds of the commission members

  5  present. The failure of the Executive Office of the Governor

  6  to act on a request for action by the director within 21 days

  7  after receiving a written request constitutes approval of the

  8  request.

  9         Section 40.  Subsection (3) of section 121.031, Florida

10  Statutes, is amended to read:

11         121.031  Administration of system; appropriation;

12  oaths; actuarial studies; public records.--

13         (3)  The administrator shall cause an actuarial study

14  of the system to be made at least once every 2 years and shall

15  report the results of such study to the Legislature by

16  February 1 prior to the next legislative session.

17         (a)  The study shall, at a minimum, conform to the

18  requirements of s. 112.63, with the following exceptions and

19  additions:

20         (a)1.  The valuation of plan assets shall be based on a

21  5-year averaging methodology such as that specified in the

22  United States Department of Treasury Regulations, 26 C.F.R. s.

23  1.412(c)(2)-1, or a similar accepted approach designed to

24  attenuate fluctuations in asset values.

25         (b)2.  The study shall include a narrative explaining

26  the changes in the covered group over the period between

27  actuarial valuations and the impact of those changes on

28  actuarial results.

29         (c)3.  When substantial changes in actuarial

30  assumptions have been made, the study shall reflect the

31  results of an actuarial assumption as of the current date


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  1  based on the assumptions utilized in the prior actuarial

  2  report.

  3         (d)4.  The study shall include an analysis of the

  4  changes in actuarial valuation results by the factors

  5  generating those changes.  Such analysis shall reconcile the

  6  current actuarial valuation results with those results from

  7  the prior valuation.

  8         (e)5.  The study shall include measures of funding

  9  status and funding progress designed to facilitate the

10  assessment of trends over several actuarial valuations with

11  respect to the overall solvency of the system. Such measures

12  shall be adopted by the division and shall be used

13  consistently in all actuarial valuations performed on the

14  system.

15         (b)  The Florida Retirement System Actuarial Assumption

16  Conference which is hereby created shall by consensus develop

17  official information with respect to the economic and

18  noneconomic assumptions and funding methods of the Florida

19  Retirement System necessary to perform the study. Such

20  information shall include: an analysis of the actuarial

21  assumptions and actuarial methods and a determination of

22  whether changes to the assumptions or methods need to be made

23  due to experience changes or revised future forecasts. The

24  members of the conference shall include the Executive Office

25  of the Governor, the coordinator of the Office of Economic and

26  Demographic Research, and professional staff of the Senate and

27  House of Representatives who have forecasting expertise, or

28  their designees.  The Executive Office of the Governor shall

29  have the responsibility of presiding over the sessions of the

30  conference.  The State Board of Administration and the

31


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  1  Division of Retirement shall be participants, as defined in s.

  2  216.134, in the conference.

  3         Section 41.  Subsection (2) of section 186.002, Florida

  4  Statutes, is amended to read:

  5         186.002  Findings and intent.--

  6         (2)  It is the intent of the Legislature that:

  7         (a)  The state planning process provide direction for

  8  the delivery of governmental services, a means for defining

  9  and achieving the specific goals and objectives of the state,

10  and a method for evaluating the accomplishment of those goals

11  and objectives.

12         (b)  The state comprehensive plan shall provide basic

13  policy direction to all levels of government regarding the

14  orderly social, economic, and physical growth of the state.

15         (c)  Long-range program State agency strategic plans

16  shall be effectively coordinated to ensure the establishment

17  of appropriate agency priorities and facilitate the orderly,

18  positive management of agency activities consistent with the

19  public interest.  It is also intended that the implementation

20  of state and regional plans enhance the quality of life of the

21  citizens of the state.

22         (d)  The state planning process shall be informed and

23  guided by the experience of public officials at all levels of

24  government.  In preparing any plans or proposed revisions or

25  amendments required by this chapter, the Governor shall

26  consider the experience of and information provided by local

27  governments in their evaluation and appraisal reports pursuant

28  to s. 163.3191.

29         (e)  All agencies and levels of government involved in

30  the integrated planning process shall provide sufficient

31  opportunities for meaningful public participation in the


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  1  preparation, implementation, evaluation, and revision of all

  2  plans and programs.

  3         Section 42.  Section 186.003, Florida Statutes, is

  4  amended to read:

  5         186.003  Definitions.--As used in ss. 186.001-186.031

  6  and 186.801-186.901, the term:

  7         (1)  "Executive Office of the Governor" means the

  8  Office of Planning and Budgeting of the Executive Office of

  9  the Governor.

10         (2)  "Goal" means the long-term end toward which

11  programs and activities are ultimately directed.

12         (3)  "Objective" means a specific, measurable,

13  intermediate end that is achievable and marks progress toward

14  a goal.

15         (4)  "Policy" means the way in which programs and

16  activities are conducted to achieve an identified goal.

17         (5)  "Regional planning agency" means the regional

18  planning council created pursuant to ss. 186.501-186.515 to

19  exercise responsibilities under ss. 186.001-186.031 and

20  186.801-186.901 in a particular region of the state.

21         (6)  "State agency" or "agency" means any official,

22  officer, commission, board, authority, council, committee, or

23  department of the executive branch of state government. For

24  purposes of this chapter, "state agency" or "agency" includes

25  state attorneys, public defenders, the Capital Collateral

26  Regional Counsels, the Justice Administrative Commission, and

27  the Public Service Commission. each executive department, the

28  Fish and Wildlife Conservation Commission, the Parole

29  Commission, and the Department of Military Affairs.

30         (7)  "State agency strategic plan" means the statement

31  of priority directions that an agency will take to carry out


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  1  its mission within the context of the state comprehensive plan

  2  and within the context of any other statutory mandates and

  3  authorizations given to the agency, pursuant to ss.

  4  186.021-186.022.

  5         (7)(8)  "State comprehensive plan" means the state

  6  planning document required in s. 19, Art. III of the State

  7  Constitution and published as ss. 187.101 and 187.201.

  8         Section 43.  Section 186.021, Florida Statutes, is

  9  amended to read:

10         186.021  Long-range program State agency strategic

11  plans.--Pursuant to s. 216.013, each state agency shall

12  develop a long-range program plan on an annual basis. The plan

13  shall provide the framework and context for designing and

14  interpreting the agency budget request. The plan will be

15  developed through careful examination and justification of

16  programs, services, and activities and their associated costs.

17  It shall be used by the agency to implement the state's goals

18  and objectives. Indicators shall be developed to measure

19  service and activity performance.

20         (1)  A state agency strategic plan shall be a statement

21  of the priority directions an agency will take to carry out

22  its mission within the context of the state comprehensive plan

23  and any other statutory mandates and authorizations given to

24  the agency. Each state agency strategic plan must identify

25  infrastructure needs, capital improvement needs, and

26  information resources management projects or initiatives that

27  involve more than one agency, that have an outcome that

28  impacts another agency, or that exceed $500,000 in total cost

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

30  continuation of hardware or software maintenance or software

31  licensing agreements, or that are for desktop replacement that


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  1  is similar to the technology currently in use. Each agency

  2  strategic plan shall specify those objectives against which

  3  will be judged the agency's achievement of its goals and the

  4  goals of the state comprehensive plan. The state agency

  5  strategic plan shall be consistent with and shall further the

  6  goals of the state comprehensive plan.

  7         (2)  A state agency strategic plan shall be developed

  8  with a 5-year outlook and shall provide the strategic

  9  framework within which an agency's legislative budget request

10  is developed.  An agency's budget shall be designed to further

11  the agency's strategic plan.

12         (3)  All amendments, revisions, or updates to a state

13  agency strategic plan shall be prepared in the same manner as

14  the original and shall be prepared as needed because of

15  changes in the state comprehensive plan or changes in the

16  statutory authority and responsibility of the agency.

17         (4)  The Department of Environmental Protection, with

18  regard to the plan required by s. 373.036, and the state land

19  planning agency, with regard to the plan defined in s.

20  380.031(17), shall prepare revisions to such plans no later

21  than 6 months after the adoption of revisions to the growth

22  management portion of the state comprehensive plan or by June

23  1 of each even-numbered year, whichever is later.

24         (5)  Notwithstanding the provisions of this section and

25  ss. 186.009 and 186.022, the short-range component of the

26  Florida Transportation Plan and annual performance report

27  developed pursuant to s. 339.155 shall serve as the state

28  agency strategic plan and annual performance report for the

29  Department of Transportation.

30         Section 44.  Section 186.022, Florida Statutes, is

31  amended to read:


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  1         186.022  Information resource State agency strategic

  2  plans; preparation, form, and review.--

  3         (1)  Beginning in 1992, 3 months prior to the annual

  4  submission of its final agency legislative budget request

  5  pursuant to s. 216.023(1), each state agency shall prepare and

  6  submit its agency strategic plan to the Executive Office of

  7  the Governor. Prior to the submission of its agency strategic

  8  plan to the Governor, each agency shall hold public workshops

  9  on the proposed agency strategic plan, and shall allow at

10  least a 21-day period for public comment.  At a minimum,

11  adequate public notice must be assured by publication of

12  notice of the hearing and comment period in the Florida

13  Administrative Weekly.  Public participation must be further

14  encouraged through procedures and instructions.

15         (2)  Each agency strategic plan must be in a form and

16  manner prescribed in written instructions prepared by the

17  Executive Office of the Governor after consultation with the

18  President of the Senate and the Speaker of the House of

19  Representatives.  Each agency strategic plan must identify the

20  specific legislative authority necessary to implement the

21  provisions of the plan.  An agency may only implement those

22  portions of its strategic plan that are consistent with

23  existing statutory or constitutional authority and for which

24  funding, if needed, is available consistent with the

25  provisions of chapter 216.  An agency's budget request

26  prescribed in s. 216.023(1) shall identify the financial

27  resources necessary to further the provisions of the agency's

28  strategic plan. Performance measures, as defined in s. 216.011

29  and proposed by the agency pursuant to s. 216.0166(1), must be

30  consistent with the objectives in the draft agency strategic

31  plan and shall represent 1-year implementation efforts


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  1  necessary to meet the 5-year agency strategic plan objectives.

  2  State agency strategic plans shall be amended by the agency,

  3  as necessary, to ensure consistency with the legislative

  4  actions prior to the effective date of the agency strategic

  5  plan.

  6         (3)  The Executive Office of the Governor shall review

  7  the state agency strategic plans to ensure that they are

  8  consistent with the state comprehensive plan and other

  9  requirements as specified in the written instructions. In its

10  review, the Executive Office of the Governor shall consider

11  all comments received in formulating required revisions. This

12  shall include:

13         (a)  The findings of the Technology Review Workgroup as

14  to the consistency of the information resources management

15  portion of agency strategic plans with the State Annual Report

16  on Information Resources Management and statewide policies

17  recommended by the State Technology Council; and 

18         (b)  The findings and recommendations of the Criminal

19  and Juvenile Justice Information Systems Council's review with

20  respect to public safety system strategic information

21  resources management issues.

22

23  Within 60 days, reviewed plans shall be returned to the

24  agency, together with any required revisions. However, any

25  required revisions relating to information resources

26  management needs identified in the agency strategic plans are

27  subject to the notice and review procedures set forth in s.

28  216.177 and must be approved by the Administration Commission

29  for the executive branch and the Chief Justice for the

30  judicial branch.

31


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  1         (4)  The state agency shall, within 30 days of the

  2  return of its state agency strategic plan, incorporate all

  3  revisions required by the Governor, or shall petition the

  4  Administration Commission to resolve any disputes regarding

  5  the consistency of the state agency strategic plan or the

  6  revisions recommended by the Governor with the state

  7  comprehensive plan or the written instructions.  The

  8  Administration Commission shall resolve any disputes within 60

  9  days of the petition.

10         (5)  Any differences between state agencies regarding

11  the programs, policies, or strategic plans of such agencies

12  shall be mediated by the Executive Office of the Governor.

13         (6)  Each agency shall transmit copies of its strategic

14  plan and all written comments on its plan to the President of

15  the Senate and the Speaker of the House of Representatives not

16  later than 30 days prior to the next regular session of the

17  Legislature.

18         (7)  Agency strategic plans developed pursuant to this

19  chapter are not rules and therefore are not subject to the

20  provisions of chapter 120.

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

22  year an annual performance report to the Executive Office of

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

24  Speaker of the House of Representatives, the Auditor General,

25  and the Office of Program Policy Analysis and Government

26  Accountability. The purpose of this report is to evaluate the

27  attainment of the agency objectives in the agency strategic

28  plan and the performance measures approved by the Legislature

29  pursuant to s. 216.0166(3) and established in the General

30  Appropriations Act or implementing legislation for the General

31  Appropriations Act for the previous fiscal year. In addition,


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  1  each state agency must include a one-page summary of all

  2  moneys that were expended or encumbered by the agency, or for

  3  which the agency was otherwise responsible, during the

  4  preceding fiscal year and an estimate of such moneys projected

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

  6  expenditures and estimates of such expenditures must be

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

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

  9  for those agencies and programs operating under

10  performance-based program budgeting and for major services and

11  products for those agencies and programs operating under

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

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

14  be expended by each agency and must include expenditures or

15  projected expenditures of state funds by subordinate

16  governmental entities and contractors, as applicable. Moneys

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

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

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

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

21  session immediately following the submission of the agency

22  performance report, the Legislature shall reduce in the

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

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

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

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

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

28  manner prescribed by the instructions prepared pursuant to

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

30         (9)  By June March 1 of each year, the Geographic

31  Information Board, the Financial Management Information Board,


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  1  the Criminal and Juvenile Justice Information Systems Council,

  2  and the Health Information Systems Council shall each develop

  3  and submit an information resource a strategic plan to the

  4  Executive Office of the Governor in a form and manner

  5  prescribed in written instructions prepared by the Executive

  6  Office of the Governor in consultation with the legislative

  7  appropriation committees. The Executive Office of the Governor

  8  shall review the strategic plan and may provide comments

  9  within 30 days. In its review, the Executive Office of the

10  Governor shall consider all comments and findings of the

11  Technology Review Workgroup as to whether the plan is

12  consistent with the State Annual Report on Information

13  Resources Management and statewide policies recommended by the

14  State Technology Council. If revisions are required, boards

15  and councils have 30 days to incorporate those revisions and

16  return the plan to the Executive Office of the Governor.

17  following the general statutory requirements that are

18  applicable to agencies pursuant to s. 186.021(1), (2), and

19  (3).  The strategic plan shall be subject to the requirements,

20  and the review and approval processes, set forth in

21  subsections (2) through (8), with the following exceptions:

22         (a)  The Executive Office of the Governor, after

23  consultation with the President of the Senate and the Speaker

24  of the House of Representatives, may prescribe a specific

25  format and content for the strategic plans of coordinating

26  boards and councils.

27         (b)  The time periods for review and return of any

28  required strategic plan revisions, incorporation of such

29  revisions by the boards or councils, and resolution of

30  disputes shall be established by the Executive Office of the

31


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  1  Governor, after consultation with the President of the Senate

  2  and the Speaker of the House of Representatives.

  3         Section 45.  Subsection (1) of section 186.901, Florida

  4  Statutes, is amended to read:

  5         186.901  Population census determination.--

  6         (1)  The Office of Economic and Demographic Research

  7  shall annually provide to the Executive Office of the

  8  Governor, either through its own resources or by contract,

  9  shall produce population estimates of local governmental units

10  as of April 1 of each year, utilizing accepted statistical

11  practices. The population of local governments provided by the

12  Office of Economic and Demographic Research, as determined by

13  the Executive Office of the Governor, shall apply to any

14  revenue-sharing formula with local governments under the

15  provisions of ss. 218.20-218.26, part II of chapter 218. The

16  Office of Economic and Demographic Research shall additionally

17  provide the Executive Office of the Governor population

18  estimates for municipal annexations or consolidations

19  occurring during the period April 1 through February 28, and

20  the Executive Office of the Governor shall determine the

21  population count of the annexed areas as of April 1 and

22  include these estimates such in its certification to the

23  Department of Revenue for the annual revenue-sharing

24  calculation.

25         Section 46.  Section 215.18, Florida Statutes, is

26  amended to read:

27         215.18  Transfers between funds; limitation.--Whenever

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

29  deficiency which would render such fund insufficient to meet

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

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


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

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

  3  Administration Commission, with the concurrence of the

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

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

  6  particular fund without resorting to the necessity of

  7  borrowing money and paying interest thereon. The fund from

  8  which any money is temporarily transferred shall be repaid the

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

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

11  repayment to be specified in the order of the Governor

12  Administration Commission.

13         Section 47.  Subsection (1) of section 215.22, Florida

14  Statutes, is amended to read:

15         215.22  Certain income and certain trust funds

16  exempt.--

17         (1)  The following income of a revenue nature or the

18  following trust funds shall be exempt from the deduction

19  required by s. 215.20(1):

20         (a)  Student financial aid or prepaid tuition receipts.

21         (b)  Trust funds administered by the Department of the

22  Lottery.

23         (c)  Departmental administrative assessments for

24  administrative divisions.

25         (d)  Funds charged by a state agency for services

26  provided to another state agency, by a state agency for

27  services provided to the judicial branch, or by the judicial

28  branch for services provided to a state agency.

29         (e)  State, agency, or political subdivision

30  investments by the Treasurer.

31         (f)  Retirement or employee benefit funds.


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  1         (g)  Self-insurance programs administered by the

  2  Treasurer.

  3         (h)  Funds held for the payment of citrus canker

  4  eradication and compensation.

  5         (i)  Medicaid, Medicare, or third-party receipts for

  6  client custodial care.

  7         (j)  Bond proceeds or revenues dedicated for bond

  8  repayment, except for the Documentary Stamp Clearing Trust

  9  Fund administered by the Department of Revenue.

10         (k)  Trust funds administered by the Department of

11  Education.

12         (l)  Trust funds administered by the Department of

13  Transportation.

14         (m)  Trust funds administered by the Department of

15  Agriculture and Consumer Services.

16         (n)  The Motor Vehicle License Clearing Trust Fund.

17         (o)  The Solid Waste Management Trust Fund.

18         (p)  The Coconut Grove Playhouse Trust Fund.

19         (q)  The Communications Working Capital Trust Fund of

20  the Department of Management Services.

21         (r)  The Camp Blanding Management Trust Fund.

22         (s)  The Indigent Criminal Defense Trust Fund.

23         (t)  That portion of the Highway Safety Operating Trust

24  Fund funded by the motorcycle safety education fee collected

25  pursuant to s. 320.08(1)(d).

26         (u)  The Save the Manatee Trust Fund.

27         (v)  Tobacco Settlement Trust Funds administered by any

28  agency.

29         Section 48.  Paragraph (b) of subsection (2) of section

30  215.32, Florida Statutes, is amended to read:

31         215.32  State funds; segregation.--


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

  2  as follows:

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

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

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

  6  or branch of state government receiving or collecting such

  7  moneys shall be responsible for their proper expenditure as

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

  9  branch of state government responsible for the administration

10  of the trust fund, the Comptroller may establish accounts

11  within the trust fund at a level considered necessary for

12  proper accountability. Once an account is established within a

13  trust fund, the Comptroller may authorize payment from that

14  account only upon determining that there is sufficient cash

15  and releases at the level of the account.

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

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

18  branch may consolidate, if permitted under the terms and

19  conditions of their receipt, the trust funds administered by

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

21  effectively a uniform system of accounts sufficient to

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

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

24  Governor Administration Commission or the Chief Justice.

25         3.  All such moneys are hereby appropriated to be

26  expended in accordance with the law or trust agreement under

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

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

29  applicable laws relating to the deposit or expenditure of

30  moneys in the State Treasury.

31


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  1         4.a.  Notwithstanding any provision of law restricting

  2  the use of trust funds to specific purposes, unappropriated

  3  cash balances from selected trust funds may be authorized by

  4  the Legislature for transfer to the Budget Stabilization Fund

  5  and Working Capital Fund in the General Appropriations Act.

  6         b.  This subparagraph does not apply to trust funds

  7  required by federal programs or mandates; trust funds

  8  established for bond covenants, indentures, or resolutions

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

10  to meet debt service or other financial requirements of any

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

12  Transportation Trust Fund; the trust fund containing the net

13  annual proceeds from the Florida Education Lotteries; the

14  Florida Retirement Trust Fund; trust funds under the

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

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

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

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

19  the Comptroller or state agencies; trust funds that account

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

21  or fiduciary for individuals, private organizations, or other

22  governmental units; and other trust funds authorized by the

23  State Constitution.

24         Section 49.  Paragraph (f) of subsection (3) of section

25  240.209, Florida Statutes, is amended to read:

26         240.209  Board of Regents; powers and duties.--

27         (3)  The board shall:

28         (f)  Establish and maintain systemwide personnel

29  programs for all State University System employees, including

30  a systemwide personnel classification and pay plan,

31  notwithstanding provisions of law that grant authority to the


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  1  Department of Management Services over such programs for state

  2  employees.  The board shall consult with the legislative

  3  appropriations committees regarding any major policy changes

  4  related to classification and pay which are in conflict with

  5  those policies in effect for career service employees with

  6  similar job classifications and responsibilities. The board

  7  may adopt rules delegating its authority to the Chancellor or

  8  the universities. The board shall submit, in a manner

  9  prescribed by law, any reports concerning State University

10  System personnel programs as shall be required of the

11  Department of Management Services for other state employees.

12  The Department of Management Services shall retain authority

13  over State University System employees for programs

14  established in ss. 110.116, 110.123, 110.1232, 110.1234,

15  110.1235, and 110.1238 and in chapters 121, 122, and 238.  The

16  board shall adopt only those rules necessary to provide for a

17  coordinated, efficient systemwide program and shall delegate

18  to the universities all authority necessary for implementation

19  of the program consistent with these coordinating rules so

20  adopted and applicable collective bargaining agreements.

21  Notwithstanding the provisions of s. 216.181(7), The salary

22  rate controls for positions in budgets under the Board of

23  Regents shall separately delineate the general faculty and all

24  other categories.

25         Section 50.  Section 240.20941, Florida Statutes, is

26  amended to read:

27         240.20941  Vacant faculty positions.--Notwithstanding

28  the provisions of s. 216.181(8) and (9) s. 216.181(7), (8),

29  and (9), and pursuant to the provisions of s. 216.351, actions

30  to reduce positions, rate, or salaries and benefits, excluding

31  salary lapse calculations, taken by the Legislature or, by the


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  1  Executive Office of the Governor, or by the Administration

  2  Commission which relate specifically to vacant positions, and

  3  which are applied on a uniform basis to all state employee

  4  positions, may affect the positions within the faculty pay

  5  plan approved and administered by the Board of Regents only to

  6  the extent that they do so by express reference to this

  7  section.

  8         Section 51.  Subsection (1) of section 240.279, Florida

  9  Statutes, is amended to read:

10         240.279  Working capital trust funds established.--

11         (1)  The Board of Regents, with the approval of the

12  Legislative Budget Administration Commission, is hereby

13  authorized to establish in the State Treasury a working

14  capital trust fund for each of the individual institutions in

15  the university system for the purpose of providing central

16  financing and cost controls for certain general services

17  necessary to the operation of all departments of the

18  respective universities, including the auxiliary enterprises.

19         Section 52.  Section 288.7091, Florida Statutes, is

20  amended to read:

21         288.7091  Duties of the Florida Black Business

22  Investment Board.--The Florida Black Business Investment Board

23  shall:

24         (1)  Establish certification criteria for black

25  business investment corporations. Certification criteria shall

26  include administrative capacity, fiduciary controls, and, in

27  the case of existing black business investment corporations,

28  solvency and soundness of prior loan decisions;

29         (2)  Develop a memorandum of understanding with

30  Enterprise Florida, Inc., that outlines a strategy for

31


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  1  collaboration with the programs and boards of Enterprise

  2  Florida, Inc.;

  3         (3)  Include in the criteria for loan decisions,

  4  occupational forecasting results set forth in s. 216.136(9) s.

  5  216.136(10) which target high growth jobs;

  6         (4)  Establish, in communities that are not currently

  7  served by an existing black business investment corporation,

  8  memoranda of understanding with local financial institutions

  9  that will provide loan guarantees for loans to black business

10  enterprises;

11         (5)  Develop memoranda of understanding with the

12  Departments of Labor and Employment Security, Education,

13  Transportation, and Management Services, as well as the State

14  Board of Regents, detailing efforts of common interest and

15  collaborations to expand black business development;

16         (6)  Intensify efforts to increase the number of the

17  black business enterprises in construction and

18  construction-related projects, focusing on federal, state, and

19  local government financed construction projects; and

20         (7)  Annually, prepare a report detailing the

21  performance of each black business investment corporation,

22  addressing the number of jobs created and/or retained, success

23  and failure rates among loan recipients, and the amount of

24  funds leveraged from other sources.

25         Section 53.  Paragraph (b) of subsection (5) of section

26  320.20, Florida Statutes, is amended to read:

27         320.20  Disposition of license tax moneys.--The revenue

28  derived from the registration of motor vehicles, including any

29  delinquent fees and excluding those revenues collected and

30  distributed under the provisions of s. 320.081, must be

31  distributed monthly, as collected, as follows:


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  1         (5)

  2         (b)  The State Comptroller each month shall deposit in

  3  the State Transportation Trust Fund an amount, drawn from

  4  other funds in the State Treasury which are not immediately

  5  needed or are otherwise in excess of the amount necessary to

  6  meet the requirements of the State Treasury, which when added

  7  to such remaining revenues each month will equal one-twelfth

  8  of the amount of the anticipated annual revenues to be

  9  deposited in the State Transportation Trust Fund under

10  paragraph (a) as estimated by the most recent revenue

11  estimating conference held pursuant to s. 216.136(3).  The

12  transfers required hereunder may be suspended by action of the

13  Legislative Budget Administration Commission in the event of a

14  significant shortfall of state revenues.

15         Section 54.  Section 337.023, Florida Statutes, is

16  amended to read:

17         337.023  Sale of building; acceptance of replacement

18  building.--Notwithstanding the provisions of s. 216.292(4)(b)

19  s. 216.292(5)(b), if the department sells a building, the

20  department may accept the construction of a replacement

21  building, in response to a request for proposals, totally or

22  partially in lieu of cash, and may do so without a specific

23  legislative appropriation.  Such action is subject to the

24  approval of the Executive Office of the Governor, and is

25  subject to the notice, review, and objection procedures under

26  s. 216.177.  The replacement building shall be consistent with

27  the current and projected needs of the department as agreed

28  upon by the department and the Department of Management

29  Services.

30         Section 55.  Paragraph (a) of subsection (2) of section

31  339.135, Florida Statutes, is amended to read:


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  1         339.135  Work program; legislative budget request;

  2  definitions; preparation, adoption, execution, and

  3  amendment.--

  4         (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND

  5  REQUEST FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--

  6         (a)  The department shall file the legislative budget

  7  request in the manner required by chapter 216, setting forth

  8  the department's proposed revenues and expenditures for

  9  operational and fixed capital outlay needs to accomplish the

10  objectives of the department in the ensuing fiscal year.  The

11  right-of-way, construction, preliminary engineering,

12  maintenance, and all grants and aids programs of the

13  department shall be set forth only in program totals.  The

14  legislative budget request must include a balanced 36-month

15  forecast of cash and expenditures and a 5-year finance plan.

16  The legislative budget request shall be amended to conform to

17  the tentative work program. The department may amend its

18  legislative budget request and the tentative work program

19  based on the most recent revenue estimate by the

20  Transportation estimating conference estimate of revenues and

21  the most recent federal aid apportionments.

22         Section 56.  Subsection (3) of section 392.69, Florida

23  Statutes, is amended to read:

24         392.69  Appropriation, sinking, and maintenance trust

25  funds; additional powers of the department.--

26         (3)  In the execution of its public health program

27  functions, notwithstanding s. 216.292(4)(b) s. 216.292(5)(b),

28  the department is hereby authorized to use any sums of money

29  which it may heretofore have saved or which it may hereafter

30  save from its regular operating appropriation, or use any sums

31  of money acquired by gift or grant, or any sums of money it


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  1  may acquire by the issuance of revenue certificates of the

  2  hospital to match or supplement any state or federal funds, or

  3  any moneys received by said department by gift or otherwise,

  4  for the construction or maintenance of additional facilities

  5  or improvement to existing facilities, as the department deems

  6  necessary.

  7         Section 57.  Section 216.3491, Florida Statutes, is

  8  transferred, renumbered as section 215.97, Florida Statutes,

  9  and amended to read:

10         215.97 216.3491  Florida Single Audit Act.--

11         (1)  The purposes of the section are to:

12         (a)  Establish uniform state audit requirements for

13  state financial assistance provided by state agencies to

14  nonstate entities to carry out state projects.

15         (b)  Promote sound financial management, including

16  effective internal controls, with respect to state financial

17  assistance administered by nonstate entities.

18         (c)  Promote audit economy and efficiency by relying to

19  the extent possible on already required audits of federal

20  financial assistance provided to nonstate entities.

21         (d)  Provide for identification of state financial

22  assistance transactions in the appropriations act, state

23  accounting records, and recipient organization records.

24         (e)  Promote improved coordination and cooperation

25  within and between affected state agencies providing making

26  state financial assistance awards and nonstate entities

27  receiving state assistance awards.

28         (f)  Ensure, to the maximum extent possible, that state

29  agencies monitor, use, and followup on audits of state

30  financial assistance provided to nonstate entities.

31         (2)  Definitions; as used in this section, the term:


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  1         (a)  "Audit threshold" means the amount to use in

  2  determining when a state single audit of a nonstate entity

  3  shall be conducted in accordance with this section. Each

  4  nonstate entity that expends a total amount of state financial

  5  assistance awards equal to or in excess of $300,000 in any

  6  fiscal year of such nonstate entity shall be required to have

  7  a state single audit for such fiscal year in accordance with

  8  the requirements of this section. Every 2 years the Auditor

  9  General, after consulting with the Executive Office of the

10  Governor, the Comptroller, and all state agencies that provide

11  state financial assistance to nonstate entities, shall review

12  the amount for requiring audits under this section and may

13  adjust such dollar amount consistent with the purpose of this

14  section.

15         (b)  "Auditing standards" means the auditing standards

16  as stated in the rules of the Auditor General as applicable to

17  for-profit organizations, nonprofit organizations, or local

18  governmental entities.

19         (c)  "Catalog of State Financial Assistance" means a

20  comprehensive listing of all major state projects and other

21  state projects. The Catalog of State Financial Assistance

22  shall be issued by the Executive Office of the Governor after

23  conferring with the Comptroller and all state agencies that

24  provide state financial assistance to nonstate entities. The

25  Catalog of State Financial Assistance shall include for each

26  listed state project: the responsible state agency; standard

27  state project number identifier; official title; legal

28  authorization; and description of the state project, including

29  objectives, restrictions, application and awarding procedures,

30  and other relevant information determined necessary.

31


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  1         (d)  "Financial reporting package" means the nonstate

  2  entities' financial statements, Schedule of State Financial

  3  Assistance, auditor's reports, management letter, auditee's

  4  written responses or corrective action plan, correspondence on

  5  followup of prior years' corrective actions taken, and such

  6  other information determined by the Auditor General to be

  7  necessary and consistent with the purposes of this section.

  8         (e)  "Federal financial assistance" means financial

  9  assistance from federal sources passed through the state and

10  provided to nonstate entities to carry out a federal program.

11  "Federal financial assistance" includes all types of federal

12  assistance as defined in applicable United States Office of

13  Management and Budget circulars.

14         (f)  "For-profit organization" means any organization

15  or sole proprietor individual that received a state award but

16  is not a local governmental entity or a nonprofit

17  organization.

18         (g)  "Independent auditor" means an external state or

19  local government auditor or a certified public accountant who

20  meets the independence standards.

21         (h)  "Internal control over state projects" means a

22  process, effected by an entity's management and other

23  personnel, designed to provide reasonable assurance regarding

24  the achievement of objectives in the following categories:

25         1.  Effectiveness and efficiency of operations.

26         2.  Reliability of financial operations.

27         3.  Compliance with applicable laws and regulations.

28         (i)  "Local governmental entity" means a county agency,

29  municipality, or special district or any other entity (other

30  than a district school board or community college), however

31


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  1  styled, which independently exercises any type of governmental

  2  function.

  3         (j)  "Major state project" means any state project

  4  meeting the criteria as stated in the rules of the Executive

  5  Office of the Governor. Such criteria shall be established

  6  after consultation with the Comptroller and appropriate state

  7  agencies that provide make state financial assistance awards

  8  and shall consider the amount of state project expenditures or

  9  expenses or inherent risks. Each major state project shall be

10  audited in accordance with the requirements of this section.

11         (k)  "Nonprofit organization" means any corporation,

12  trust, association, cooperative, or other organization that:

13         1.  Is operated primarily for scientific, educational

14  service, charitable, or similar purpose in the public

15  interest;

16         2.  Is not organized primarily for profit;

17         3.  Uses net proceeds to maintain, improve, or expand

18  the operations of the organization; and

19         4.  Has no part of its income or profit distributable

20  to its members, directors, or officers.

21         (l)  "Nonstate entity" means a local governmental

22  entity, nonprofit organization, or for-profit organization

23  that receives a state resources award.

24         (m)  "Recipient" means a nonstate entity that receives

25  a state financial assistance award directly from a state

26  awarding agency.

27         (n)  "Schedule of State Financial Assistance" means a

28  document prepared in accordance with the rules of the

29  Comptroller and included in each financial reporting package

30  required by this section.

31


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  1         (o)  "State award" means state financial assistance

  2  provided to a nonstate entity to carry out a state project.

  3         (o)(p)  "State awarding agency" means the state agency

  4  that provided state financial assistance to the nonstate

  5  entity for purposes of carrying out a state project.

  6         (p)(q)  "State financial assistance" means financial

  7  assistance from state resources, not including federal

  8  financial assistance and state matching, provided to nonstate

  9  entities to carry out a state project. "State financial

10  assistance" includes all types of state assistance as stated

11  in the rules of the Executive Office of the Governor

12  established in consultation with the Comptroller and

13  appropriate state agencies that provide state financial

14  assistance make state awards. It includes state financial

15  assistance provided awards made directly by state awarding

16  agencies or indirectly by recipients of state awards or

17  subrecipients. It does not include procurement contracts,

18  under state awards, used to buy goods or services from

19  vendors. Audits of such procurement contracts with vendors are

20  outside of the scope of this section. Also, audits of

21  contracts to operate state-government-owned and

22  contractor-operated facilities are excluded from the audit

23  requirements of this section.

24         (q)(r)  "State matching" means state resources awards

25  provided to nonstate entities to be used to meet federal

26  financial participation matching requirements of federal

27  programs.

28         (r)(s)  "State project" means all state financial

29  assistance awards to a nonstate entity assigned a single state

30  project number identifier in the Catalog of State Financial

31  Assistance.


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  1         (s)(t)  "State Projects Compliance Supplement" means a

  2  document issued by the Executive Office of the Governor, in

  3  consultation with the Comptroller and all state agencies that

  4  provide state financial assistance make state awards. The

  5  State Projects Compliance Supplement shall identify each major

  6  state project and other state projects, the significant

  7  compliance requirements, eligibility requirements, matching

  8  requirements, suggested audit procedures, and other relevant

  9  information determined necessary.

10         (t)(u)  "State project-specific audit" means an audit

11  of one state project performed in accordance with the

12  requirements of subsection (9) this section.

13         (u)(v)  "State single audit" means an audit of a

14  nonstate entity's financial statements and state financial

15  assistance awards. Such audits shall be conducted in

16  accordance with the auditing standards as stated in the rules

17  of the Auditor General.

18         (v)(w)  "Subrecipient" means a nonstate entity that

19  receives a state financial assistance award through another

20  nonstate entity, but does not include an individual who

21  receives state financial assistance through such state awards.

22         (w)(x)  "Vendor" means a dealer, distributor, merchant,

23  or other seller providing goods or services that are required

24  for the conduct of a state project. These goods or services

25  may be for an organization's own use or for the use of

26  beneficiaries of the state project.

27         (3)  The Executive Office of the Governor shall:

28         (a)  Upon conferring with the Comptroller and all state

29  awarding agencies that make state awards, adopt rules

30  necessary to provide appropriate guidance to state awarding

31  agencies, recipients and subrecipients, and independent


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  1  auditors of state financial assistance relating to the

  2  requirements of this section, including:

  3         1.  The types or classes of financial assistance

  4  considered to be state financial assistance which would be

  5  subject to the requirements of this section. This would

  6  include guidance to assist in identifying when the state

  7  agency or recipient has contracted with a vendor rather than

  8  with a recipient or subrecipient.

  9         2.  The criteria for identifying a major state project.

10         3.  The criteria for selecting state projects for

11  audits based on inherent risk.

12         (b)  Be responsible for coordinating the initial

13  preparation and subsequent revisions of the Catalog of State

14  Financial Assistance after consultation with the Comptroller

15  and all state awarding agencies that award state financial

16  assistance to nonstate entities.

17         (c)  Be responsible for coordinating the initial

18  preparation and subsequent revisions of the State Projects

19  Compliance Supplement, after consultation with the Comptroller

20  and all state awarding agencies that award state financial

21  assistance to nonstate entities.

22         (4)  The Comptroller shall:

23         (a)  Make enhancements to the state's accounting system

24  to provide for the:

25         1.  Recording of state financial assistance and federal

26  financial assistance appropriations and expenditures as

27  separate categories within the state awarding agencies'

28  operating funds.

29         2.  Recording of state project number identifiers, as

30  provided in the Catalog of State Financial Assistance, for

31  state financial assistance awards.


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  1         3.  Establishment and recording of an identification

  2  code for each financial transaction, including state agencies'

  3  disbursements awards of state financial assistance and federal

  4  financial assistance, as to the corresponding type or

  5  organization that is party to the transaction (e.g., other

  6  governmental agencies, nonprofit organizations, and for-profit

  7  organizations), and disbursements of federal financial

  8  assistance, as to whether the party to the transaction is or

  9  is not a recipient or subrecipient.

10         (b)  Upon conferring with the Executive Office of the

11  Governor and all state awarding agencies that make state

12  awards, adopt rules necessary to provide appropriate guidance

13  to state awarding agencies, recipients and subrecipients, and

14  independent auditors of state financial assistance relating to

15  the format for the Schedule of State Financial Assistance.

16         (c)  Perform any inspections, reviews, investigations,

17  or audits of state financial assistance considered necessary

18  in carrying out the Comptroller's legal responsibilities for

19  state financial assistance or to comply with the requirements

20  of this section.

21         (5)  Each state awarding agency that makes state awards

22  shall:

23         (a)  Provide for each state award to a recipient

24  information needed by the recipient to comply with the

25  requirements of this section, including:

26         1.  The audit and accountability requirements for state

27  projects as stated in this section and applicable rules of the

28  Executive Office of the Governor, rules of the Comptroller,

29  and rules of the Auditor General.

30         2.  Information from the Catalog of State Financial

31  Assistance, including the standard state project number


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  1  identifier; official title; legal authorization; and

  2  description of the state project including objectives,

  3  restrictions, and other relevant information determined

  4  necessary.

  5         3.  Information from the State Projects Compliance

  6  Supplement, including the significant compliance requirements,

  7  eligibility requirements, matching requirements, suggested

  8  audit procedures, and other relevant information determined

  9  necessary.

10         (b)  Require the recipient, as a condition of receiving

11  state financial assistance, to allow the state awarding

12  agency, the Comptroller, and the Auditor General access to the

13  recipient's records and the recipient's independent auditor's

14  working papers as necessary for complying with the

15  requirements of this section.

16         (c)  Notify the recipient that this section does not

17  limit the authority of the state awarding agency to conduct or

18  arrange for the conduct of additional audits or evaluations of

19  state financial assistance or limit the authority of any state

20  agency inspector general, the Auditor General, or any other

21  state official.

22         (d)  Be provided one copy of each financial reporting

23  package prepared in accordance with the requirement of this

24  section.

25         (e)  Review the recipient financial reporting package,

26  including the management letters and corrective action plans,

27  to the extent necessary to determine whether timely and

28  appropriate corrective action has been taken with respect to

29  audit findings and recommendations pertaining to state

30  financial assistance provided awards made by the state agency.

31


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  1         (6)  As a condition of receiving state financial

  2  assistance, each recipient that provides state financial

  3  assistance to a subrecipient shall:

  4         (a)  Provide for each state award to a subrecipient

  5  information needed by the subrecipient to comply with the

  6  requirements of this section, including:

  7         1.  Identification of the state awarding agency.

  8         2.  The audit and accountability requirements for state

  9  projects as stated in this section and applicable rules of the

10  Executive Office of the Governor, rules of the Comptroller,

11  and rules of the Auditor General.

12         3.  Information from the Catalog of State Financial

13  Assistance, including the standard state project number

14  identifier; official title; legal authorization; and

15  description of the state project, including objectives,

16  restrictions, and other relevant information.

17         4.  Information from the State Projects Compliance

18  Supplement including the significant compliance requirements,

19  eligibility requirements, matching requirements, and suggested

20  audit procedures, and other relevant information determined

21  necessary.

22         (b)  Review the subrecipient audit reports, including

23  the management letters, to the extent necessary to determine

24  whether timely and appropriate corrective action has been

25  taken with respect to audit findings and recommendations

26  pertaining to state financial assistance provided awards made

27  by the state agency.

28         (c)  Perform such other procedures as specified in

29  terms and conditions of the written agreement with the state

30  awarding agency including any required monitoring of the

31  subrecipient's use of state financial assistance through


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  1  onsite visits, limited scope audits, or other specified

  2  procedures.

  3         (d)  Require subrecipients, as a condition of receiving

  4  state financial assistance, to permit the independent auditor

  5  of the recipient, the state awarding agency, the Comptroller,

  6  and the Auditor General access to the subrecipient's records

  7  and the subrecipient's independent auditor's working papers as

  8  necessary to comply with the requirements of this section.

  9         (7)  Each recipient or subrecipient of state financial

10  assistance shall comply obtain an audit that complies with the

11  following:

12         (a)  Each nonstate entity that receives state financial

13  assistance awards and meets audit threshold requirements, in

14  any fiscal year of the nonstate entity, as stated in the rules

15  of the Auditor General, shall have a state single audit

16  conducted for such fiscal year in accordance with the

17  requirements of this act and with additional requirements

18  established in rules of the Executive Office of the Governor,

19  rules of the Comptroller, and rules of the Auditor General. If

20  only one state project is involved in a nonstate entity's

21  fiscal year, the nonstate entity may elect to have require

22  only a state project-specific compliance audit of the state

23  project for that fiscal year.

24         (b)  Each nonstate entity that receives state financial

25  assistance awards and does not meet the threshold

26  requirements, in any fiscal year of the nonstate entity, as

27  stated in this law or the rules of the Auditor General is

28  exempt for such fiscal year from the state single audit

29  requirements of this section. However, such nonstate entity

30  must meet terms and conditions specified in the written

31  agreement with the state awarding agency.


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  1         (c)  Regardless of the amount of the state financial

  2  assistance award, the provisions of this section do not exempt

  3  a nonstate entity from compliance with provisions of law

  4  relating to maintaining records concerning state financial

  5  assistance awards to such nonstate entity or allowing access

  6  and examination of those records by the state awarding agency,

  7  the Comptroller, or the Auditor General.

  8         (d)  Audits conducted pursuant to this section shall be

  9  performed annually.

10         (e)  Audits conducted pursuant to this section shall be

11  conducted by independent auditors in accordance with auditing

12  standards as stated in rules of the Auditor General.

13         (f)  Upon completion of the audit as required by this

14  section, a copy of the recipient's financial reporting package

15  shall be filed with the state awarding agency and the Auditor

16  General. Upon completion of the audit as required by this

17  section, a copy of the subrecipient's financial reporting

18  package shall be filed with the recipient that provided the

19  state financial assistance. The financial reporting package

20  shall be filed in accordance with the rules of the Auditor

21  General.

22         (g)  All financial reporting packages prepared pursuant

23  to the requirements of this section shall be available for

24  public inspection.

25         (h)  If an audit conducted pursuant to this section

26  discloses any significant audit findings relating to state

27  financial assistance, including material noncompliance with

28  individual major state project compliance requirements or

29  reportable conditions in internal controls of the nonstate

30  entity, the nonstate entity shall submit as part of the audit

31  package to the state awarding agency a plan for corrective


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  1  action to eliminate such audit findings or a statement

  2  describing the reasons that corrective action is not

  3  necessary.

  4         (i)  An audit conducted in accordance with this section

  5  is in addition to any audit of federal awards required by the

  6  federal Single Audit Act and other federal laws and

  7  regulations. To the extent that such federally required audits

  8  provide the state awarding agency with information it requires

  9  to carry out its responsibilities under state law or other

10  guidance, a state agency shall rely upon and use that

11  information.

12         (j)  Unless prohibited by law, the cost of audits

13  pursuant to this section are allowable charges to state

14  projects. However, any charges to state projects should be

15  limited to those incremental costs incurred as a result of the

16  audit requirements of this section in relation to other audit

17  requirements. The nonstate entity should allocate such

18  incremental costs to all state projects for which it expended

19  state financial assistance.

20         (k)  Audit costs may not be charged to state projects

21  when audits required by this section have not been made or

22  have been made but not in accordance with this section. If a

23  nonstate entity fails to have an audit conducted consistent

24  with this section, state awarding agencies may take

25  appropriate corrective action to enforce compliance.

26         (l)(j)  This section does not prohibit the state

27  awarding agency from including terms and conditions in the

28  written agreement which require additional assurances that

29  state financial assistance meets awards meet the applicable

30  requirements of laws, regulations, and other compliance rules.

31


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  1         (m)(k)  A state awarding agency that provides state

  2  financial assistance awards to nonstate entities and conducts

  3  or arranges for audits of state financial assistance awards

  4  that are in addition to the audits conducted under this act

  5  shall, consistent with other applicable law, arrange for

  6  funding the full cost of such additional audits.

  7         (8)  The independent auditor when conducting a state

  8  single audit of recipients or subrecipients shall:

  9         (a)  Determine whether the nonstate entity's financial

10  statements are presented fairly in all material respects in

11  conformity with generally accepted accounting principles.

12         (b)  Determine whether state financial assistance

13  awards shown on the Schedule of State Financial Assistance is

14  are presented fairly in all material respects in relation to

15  the nonstate entity's financial statements taken as a whole.

16         (c)  With respect to internal controls pertaining to

17  each major state project:

18         1.  Obtain an understanding of internal controls;

19         2.  Assess control risk;

20         3.  Perform tests of controls unless the controls are

21  deemed to be ineffective; and

22         4.  Determine whether the nonstate entity has internal

23  controls in place to provide reasonable assurance of

24  compliance with the provisions of laws, regulations, and other

25  rules pertaining to state financial assistance awards that

26  have a material effect on each major state project.

27         (d)  Determine whether each major state project

28  complied with the provisions of laws, rules, and guidelines as

29  identified in the State Projects Compliance Supplement, or

30  otherwise identified by the state awarding agency, which have

31  a material effect on each major state project. When major


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  1  state projects are less than 50 percent of the nonstate

  2  entity's total expenditures for all state financial assistance

  3  awards, the auditor shall select and test additional state

  4  projects as major state projects as necessary to achieve audit

  5  coverage of at least 50 percent of the expenditures for all

  6  state financial assistance provided awards to the nonstate

  7  entity. Additional state projects needed to meet the

  8  50-percent requirement may be selected on an inherent risk

  9  basis as stated in the rules of the Executive Office of the

10  Governor.

11         (e)  Report on the results of any audit conducted

12  pursuant to this section in accordance with the rules of the

13  Executive Office of the Governor, rules of the Comptroller,

14  and rules of the Auditor General. Audit reports shall include

15  summaries of the auditor's results regarding the nonstate

16  entity's financial statements; Schedule of State Financial

17  Assistance; internal controls; and compliance with laws,

18  rules, and guidelines other compliance guidance.

19         (f)  Issue a management letter as prescribed in the

20  rules of the Auditor General.

21         (g)  Upon notification by the nonstate entity, make

22  available the working papers relating to the audit conducted

23  pursuant to the requirements of this section to the state

24  awarding agency, the Comptroller, or the Auditor General for

25  review or copying.

26         (9)  The independent auditor, when conducting a state

27  project-specific audit of recipients or subrecipients, shall:

28         (a)  Determine whether the nonstate entity's schedule

29  of state financial assistance is presented fairly in all

30  material respects in conformity with stated accounting

31  policies.


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  1         (b)  Obtain an understanding of internal control and

  2  perform tests of internal control over the state project

  3  consistent with the requirements of a major state project.

  4         (c)  Determine whether or not the auditee has complied

  5  with applicable provisions of laws, rules, and guidelines as

  6  identified in the State Projects Compliance Supplement, or

  7  otherwise identified by the state awarding agency, which could

  8  have a direct and material effect on the state project.

  9         (d)  Report on the results of a state project-specific

10  audit consistent with the requirements of the state single

11  audit and issue a management letter as prescribed in the rules

12  of the Auditor General.

13         (e)  Upon notification by the nonstate entity, make

14  available the working papers relating to the audit conducted

15  pursuant to the requirements of this section to the state

16  awarding agency, the Comptroller, or the Auditor General for

17  review or copying.

18         (10)(9)  The Auditor General shall:

19         (a)  Have the authority to audit state financial

20  assistance provided to any nonstate entity when determined

21  necessary by the Auditor General or when directed by the

22  Legislative Auditing Committee.

23         (b)  Adopt rules that state the auditing standards that

24  independent auditors are to follow for audits of nonstate

25  entities required by this section.

26         (c)  Adopt rules that describe the contents and the

27  filing deadlines for the financial reporting package.

28         (d)  Provide technical advice upon request of the

29  Comptroller, Executive Office of the Governor, and state

30  agencies relating to financial reporting and audit

31  responsibilities contained in this section.


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CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1466                           First Engrossed (ntc)



  1         (e)  Be provided one copy of each financial reporting

  2  package prepared in accordance with the requirements of this

  3  section.

  4         (f)  Perform ongoing reviews of a sample of financial

  5  reporting packages filed pursuant to the requirements of this

  6  section to determine compliance with the reporting

  7  requirements of this section and applicable rules of the

  8  Executive Office of the Governor, rules of the Comptroller,

  9  and rules of the Auditor General.

10         Section 58.  Section 216.331, Florida Statutes, is

11  transferred and renumbered as section 215.965, Florida

12  Statutes.

13         Section 59.  Section 216.3505, Florida Statutes, is

14  transferred and renumbered as section 215.966, Florida

15  Statutes.

16         Section 60.  Sections 27.38, 27.60, 216.001, 216.0154,

17  216.0162, 216.0166, 216.0172, 216.0235, 216.0315, 216.091,

18  216.111, 216.281, and 216.286, Florida Statutes, are repealed.

19         Section 61.  This act shall take effect July 1, 2000,

20  and shall apply to preparation of the state budget beginning

21  with fiscal year 2001-2002.

22

23

24

25

26

27

28

29

30

31


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