CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Burt moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 216.011, Florida Statutes, is

18  amended to read:

19         216.011  Definitions.--

20         (1)  For the purpose of fiscal affairs of the state,

21  appropriations acts, legislative budgets, and approved

22  budgets, each of the following terms has the meaning

23  indicated:

24         (a)  "Annual salary rate" means the monetary

25  compensation authorized salary estimated to be paid or

26  actually paid a position or positions on an annualized basis.

27  The term does not include moneys authorized for benefits

28  associated with the position. In calculating salary rate, a

29  vacant position shall be calculated at the minimum of the pay

30  grade for that position.

31         (b)  "Appropriation" means a legal authorization to

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  make expenditures for specific purposes within the amounts

  2  authorized in the appropriations act.

  3         (c)  "Appropriations act" means the authorization of

  4  the Legislature, based upon legislative budgets or based upon

  5  legislative findings of the necessity for an authorization

  6  when no legislative budget is filed, for the expenditure of

  7  amounts of money by an agency, the judicial branch, or and the

  8  legislative branch for stated purposes in the performance of

  9  the functions it is authorized by law to perform. The

10  categories contained in the appropriations act include, but

11  are not limited to:

12         1.  Data processing services.

13         2.  Expenses.

14         3.  Fixed capital outlay.

15         4.  Food products.

16         5.  Grants and aids.

17         6.  Grants and aids to local governments and nonstate

18  entities-fixed capital outlay.

19         7.  Lump-sum appropriations.

20         8.  Operating capital outlay.

21         9.  Other personal services.

22         10.  Salaries and benefits.

23         11.  Special categories.

24         (d)  "Authorized position" means a position included in

25  an approved budget.  In counting the number of authorized

26  positions, part-time positions shall be converted to full-time

27  equivalents.

28         (e)(qq)  "Baseline data" means indicators of a state

29  agency's current performance level, pursuant to guidelines

30  established by the Executive Office of the Governor, in

31  consultation with legislative appropriations and appropriate

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  substantive committees.

  2         (f)(e)  "Budget entity" means a unit or function at the

  3  lowest level to which funds are specifically appropriated in

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

  5  same meaning.

  6         (g)  "Chairs of the legislative appropriations

  7  committees" means the chairs of the committees of the Senate

  8  and the House of Representatives responsible for producing the

  9  General Appropriations Act.

10         (h)(f)  "Consultation" means to deliberate and seek

11  advice in an open and forthright manner with the full

12  committee, a subcommittee thereof, the chair, or the staff as

13  deemed appropriate by the chair of the respective

14  appropriations committee.

15         (i)(g)  "Continuing appropriation" means an

16  appropriation automatically renewed without further

17  legislative action, period after period, until altered or

18  revoked by the Legislature.

19         (j)(h)  "Data processing services" means the

20  appropriation category used to fund electronic data processing

21  services provided by or to state agencies or the judicial

22  branch, which services include, but are not limited to,

23  systems design, software development, or time-sharing by other

24  governmental units or budget entities.

25         (k)(i)  "Disbursement" means the payment of an

26  expenditure.

27         (l)(j)  "Disincentive" means a sanction as described in

28  s. 216.163.

29         (k)  "Established position" means an authorized

30  position which has been classified in accordance with a

31  classification and pay plan as provided by law.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (m)(l)  "Expenditure" means the creation or incurring

  2  of a legal obligation to disburse money.

  3         (n)(m)  "Expense" means the appropriation category used

  4  to fund the usual, ordinary, and incidental expenditures by an

  5  agency or the judicial branch, including, but not limited to,

  6  such items as contractual services, commodities, and supplies

  7  of a consumable nature, current obligations, and fixed

  8  charges, and excluding expenditures classified as operating

  9  capital outlay.  Payments to other funds or local, state, or

10  federal agencies may be are included in this category budget

11  classification of expenditures.

12         (o)(n)  "Fiscal year of the state" means a period of

13  time beginning July 1 and ending on the following June 30,

14  both dates inclusive.

15         (p)(o)  "Fixed capital outlay" means the appropriation

16  category used to fund real property (land, buildings,

17  including appurtenances, fixtures and fixed equipment,

18  structures, etc.), including additions, replacements, major

19  repairs, and renovations to real property which materially

20  extend its useful life or materially improve or change its

21  functional use and including furniture and equipment necessary

22  to furnish and operate a new or improved facility, when

23  appropriated by the Legislature in the fixed capital outlay

24  appropriation category.

25         (q)  "Food products" means the appropriation category

26  used to fund food consumed and purchased in state-run

27  facilities that provide housing to individuals.

28         (p)  "Full-time position" means a position authorized

29  for the entire normally established work period, daily,

30  weekly, monthly, or annually.

31         (r)(q)  "Grants and aids" means the appropriation

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  category used to fund contributions to units of government

  2  governments or nonstate entities nonprofit organizations to be

  3  used for one or more specified purposes or, activities, or

  4  facilities.  Funds appropriated to units of government and

  5  nonprofit entities under this category may be advanced.

  6         (s)(pp)  "Grants and aids to local governments and

  7  nonstate entities-fixed Nonprofit Organizations-Fixed capital

  8  outlay" means the that appropriation category used to fund

  9  which includes:

10         1.  Grants to local units of governments or nonstate

11  entities and nonprofit organizations for the acquisition of

12  real property (land, buildings, including appurtenances,

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

14  replacements, major repairs, and renovations to real property

15  which materially extend its useful life or materially improve

16  or change its functional use; and operating capital outlay

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

18  and

19         2.  Grants to local units of government for their

20  respective infrastructure and growth management needs related

21  to local government comprehensive plans.

22

23  Funds appropriated to local units of government and nonprofit

24  organizations under this category may be advanced in part or

25  in whole.

26         (t)(r)  "Incentive" means a mechanism, as described in

27  s. 216.163, for recognizing the achievement of performance

28  standards or for motivating performance that exceeds

29  performance standards.

30         (u)(s)  "Independent judgment" means an evaluation of

31  actual needs made separately and apart from the legislative

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  budget request of any other agency or of the judicial branch,

  2  or any assessments by the Governor.  Such evaluation shall not

  3  be limited by revenue estimates of the Revenue Estimating

  4  Conference.

  5         (v)(t)  "Judicial branch" means all officers,

  6  employees, and offices of the Supreme Court, district courts

  7  of appeal, circuit courts, county courts, and the Judicial

  8  Qualifications Commission.

  9         (w)(u)  "Legislative branch" means the various

10  officers, committees, and other units of the legislative

11  branch of state government.

12         (x)  "Legislative budget instructions" means the annual

13  set of instructions developed to assist agencies in submitting

14  budget requests to the Legislature and to generate information

15  necessary for budgetary decisionmaking. Such instructions may

16  include program-based performance budget instructions.

17         (y)(v)  "Legislative budget request" means a request to

18  the Legislature, filed pursuant to s. 216.023, or supplemental

19  detailed requests filed with the Legislature, for the amounts

20  of money such agency or branch believes will be needed in the

21  performance of the functions that it is authorized, or which

22  it is requesting authorization by law, to perform.

23         (z)  "Long-range program plan" means a plan developed

24  on an annual basis by each state agency that is policy based,

25  priority driven, accountable, and developed through careful

26  examination and justification of all programs and their

27  associated costs. Each plan is developed by examining the

28  needs of agency customers and clients and proposing programs

29  and associated costs to address those needs based on state

30  priorities as established by law, the agency mission, and

31  legislative authorization. The plan provides the framework and

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  context for preparing the legislative budget request and

  2  includes performance indicators for evaluating the impact of

  3  programs and agency performance.

  4         (aa)(w)  "Lump-sum appropriation" means the

  5  appropriation category used to fund funds appropriated to

  6  accomplish a specific activity or project which must be

  7  transferred to one or more appropriation categories for

  8  expenditure.

  9         (bb)(x)  "Operating capital outlay" means the

10  appropriation category used to fund equipment, fixtures, and

11  other tangible personal property of a nonconsumable and

12  nonexpendable nature, up to the value or cost specified in s.

13  273.02 of which is $1,000 or more and the normal expected life

14  of which is 1 year or more, and hardback-covered bound books

15  that are circulated to students or the general public, the

16  value or cost of which is $25 or more, and hardback-covered

17  bound books, the value or cost of which is $250 or more.

18         (cc)(y)  "Original approved budget" means the approved

19  plan of operation of an agency or of the judicial branch

20  consistent with the General Appropriations Act or special

21  appropriations acts.

22         (dd)(z)  "Other personal services" means the

23  appropriation category used to fund the compensation for

24  services rendered by a person who is not a regular or

25  full-time employee filling an established position.  This

26  definition includes, but is not limited to, services of

27  temporary employees, student or graduate assistants, persons

28  on fellowships, part-time academic employees, board members,

29  and consultants and other services specifically budgeted by

30  each agency, or by the judicial branch, in this category.

31         1.  In distinguishing between payments to be made from

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  salaries and benefits appropriations and

  2  other-personal-services appropriations:,

  3         1.  Those persons filling established positions shall

  4  be paid from salaries and benefits appropriations and those

  5  persons performing services for a state agency or for the

  6  judicial branch, but who are not filling established

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

  8  appropriations.

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

10  salaries and benefits appropriations shall be state officers

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

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

13  appropriations shall not be eligible for such membership.

14         (ee)(rr)  "Outcome" means an indicator of the actual

15  impact or public benefit of a program.

16         (ff)(ss)  "Output" means the actual service or product

17  delivered by a state agency.

18         (gg)(xx)  "Performance-based program appropriation"

19  means the appropriation category used to fund funds

20  appropriated for a specific set of activities or

21  classification of expenditure within an approved

22  performance-based program.

23         (hh)(tt)  "Performance-based program budget" means a

24  budget that incorporates approved programs and performance

25  measures.

26         (ii)(uu)  "Performance measure" means a quantitative or

27  qualitative indicator used to assess state agency performance.

28         (jj)(vv)  "Program" means a set of activities

29  undertaken in accordance with a plan of action organized to

30  realize identifiable goals and objectives based on legislative

31  authorization.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  for less than the entire normally established work period,

  3  daily, weekly, monthly, or annually.

  4         (bb)  "Pay plan" means a document which formally

  5  describes the philosophy, methods, procedures, and salary

  6  schedule for compensating employees for work performed.

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

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

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

10  additional compensation, or which reduces to some extent the

11  normal personal expenses of the officer or employee receiving

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

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

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

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

16  things.

17         (dd)  "Position" means the work, consisting of duties

18  and responsibilities, assigned to be performed by an officer

19  or employee.

20         (ee)  "Position number" means the identification number

21  assigned to an established position.

22         (kk)(ff)  "Program component" means an aggregation of

23  generally related objectives which, because of their special

24  character, related workload, and interrelated output, can

25  logically be considered an entity for purposes of

26  organization, management, accounting, reporting, and

27  budgeting.

28         (ll)(gg)  "Proviso" means language that qualifies or

29  restricts a specific appropriation and which can be logically

30  and directly related to the specific appropriation.

31         (mm)  "Salaries and benefits" means the appropriation

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  category used to fund the monetary or cash-equivalent

  2  compensation for work performed by state employees for a

  3  specific period of time. Benefits shall be as provided by law.

  4         (hh)  "Reclassification" means changing an established

  5  position in one class in a series to the next higher or lower

  6  class in the same series or to a class in a different series

  7  which is the result of a natural change in the duties and

  8  responsibilities of the position.

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

10  within or outside of the State Treasury and established from

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

12  branch in making authorized expenditures.

13         (nn)(jj)  "Salary" means the cash compensation for

14  services rendered for a specific period of time.

15         (kk)  "Salary schedule" means an official document

16  which contains a complete list of classes and their assigned

17  salary ranges.

18         (oo)(ll)  "Special category" means the appropriation

19  category used to fund amounts appropriated for a specific need

20  or classification of expenditures.

21         (pp)(ww)  "Standard" means the level of performance of

22  an outcome or output.

23         (qq)(mm)  "State agency" or "agency" means any

24  official, officer, commission, board, authority, council,

25  committee, or department of the executive branch of state

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

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

28  state attorneys, public defenders, the capital collateral

29  regional counsels Representative, and the Justice

30  Administrative Commission, the Florida Housing Finance

31  Corporation, and the Florida Public Service Commission. For

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  purposes of implementing s. 19(h), Art. III of the State

  2  Constitution, "state agency" or "agency" includes the judicial

  3  branch.

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

  5  constitutional distributions to local units of government.

  6         (oo)  "Title of position," or "class of positions"

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

  8  positions.

  9         (yy)  "Performance ledger" means the official

10  compilation of information about state agency

11  performance-based programs and measures, including approved

12  programs, approved outputs and outcomes, baseline data,

13  approved standards for each performance measure and any

14  approved adjustments thereto, as well as actual agency

15  performance for each measure.

16         (2)  For purposes of this chapter, terms related to

17  personnel affairs of the state shall be defined as set forth

18  in s. 110.203.

19         (3)(2)  For purposes of this chapter, the term:

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

21  means the plan of operations consisting of the original

22  approved operating budget and statement of intent.

23         (b)  "Commission" means the Legislative Budget

24  Administration Commission created in s. 11.90 composed of the

25  Governor and Cabinet.

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

27  that were unforeseen at the time the General Appropriations

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

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

30  that were not considered in the General Appropriations Act and

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  provisions of chapter 252.

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

  4  appropriation or part of an appropriation in the approved

  5  operating plan prepared pursuant to the provisions of s.

  6  216.181 or in the schedule of releases prepared pursuant to

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

  8  agency or the judicial branch to spend an appropriation for

  9  the stated purposes authorized in the approved operating

10  budget.

11         Section 2.  Section 216.013, Florida Statutes, is

12  created to read:

13         216.013  Long-range program plan.--

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

15  plans to achieve state goals using an interagency planning

16  process that includes the development of integrated agency

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

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

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

20  development of agency budget requests and shall:

21         (a)  Identify agency programs and address how agency

22  programs will be used to implement state policy and achieve

23  state goals and program component objectives;

24         (b)  Identify and describe agency functions and how

25  they will be used to achieve designated outcomes;

26         (c)  Identify demand, output, total costs, and unit

27  costs for each function;

28         (d)  Provide information regarding performance

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

30  is collected, the methodology used to measure a performance

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  appropriateness of a measure, and whether the agency inspector

  2  general has assessed the reliability and validity of agency

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

  4         (e)  Identify and justify facility and fixed capital

  5  outlay projects and their associated costs; and

  6         (f)  Identify and justify information technology

  7  infrastructure and applications and their associated costs for

  8  information technology projects or initiatives.

  9         (2)  All agency functions and their costs shall be

10  carefully evaluated and justified by the agency.  The

11  justification must clearly demonstrate the needs of agency

12  customers and clients and why the agency is proposing

13  functions and their associated costs to address the needs

14  based on state priorities, the agency mission, and legislative

15  authorization.  Further, the justification must show how

16  agency functions are integrated and contribute to the overall

17  achievement of state goals.  Facilities, fixed capital outlay

18  and information technology infrastructure, and applications

19  shall be evaluated pursuant to ss. 216.0158, 216.043, and

20  216.0446, respectively.

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

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

23  form and manner prescribed by the Executive Office of the

24  Governor and the chairs of the legislative appropriations

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

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

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

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

29  Executive Office of the Governor.

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  and other requirements as specified in the written

  3  instructions and that they provide the framework and context

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

  5  Office of the Governor shall consider the findings of the

  6  Technology Review Workgroup as to the consistency of the

  7  information technology portion of long-range program plans

  8  with the State Annual Report on Information Resources

  9  Management and statewide policies recommended by the State

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

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

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

13  revise the plan.

14         (5)  Executive agencies shall incorporate all revisions

15  required by the Governor within 14 working days.

16         (6)  Any differences between executive agencies

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

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

19  the Governor.

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

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

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

23  Representatives not later than 60 days prior to the next

24  regular session of the Legislature.

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

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

27  the provisions of chapter 120.

28         (9)  Agencies and the Judicial Branch shall make

29  appropriate adjustments to their long-range program plans to

30  be consistent with the appropriations and performance measures

31  in the General Appropriations Act. Agencies and the Judicial

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  Governor for review.

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

  5  Florida Statutes, are amended to read:

  6         216.015  Capital facilities planning and budgeting

  7  process.--

  8         (2)  The Legislature finds that:

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

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

11  buildings, bridges, ports, airports, canals, prisons,

12  educational facilities, park and recreational facilities, and

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

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

15  are increasingly being strained by the competing demands for

16  state services and capital improvements.

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

18  branches of state government, local government, and public

19  benefit corporations which is necessary to maximize the

20  potential public benefits to be derived from the limited

21  financial resources which will be dedicated to public capital

22  improvements within this state in the future is lacking.

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

24  capital facilities planning and budgeting process that which

25  is fully integrated with the state financial planning and debt

26  management activities and that which incorporates the

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

28  and major public benefit corporations to ensure that projects

29  with the greatest potential for improving the prosperity and

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

31  allocation of limited resources.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  managing the debt structure of the state by matching the

  3  capital facility needs of the state with the amounts and

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

  5  needs.

  6

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

  8  this legislation that a comprehensive capital facilities

  9  planning and budgeting process be established and maintained

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

11  properly maintained infrastructure in a fiscally responsible

12  manner.

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

14  Office of the Governor is designated as the agency responsible

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

16  and evaluation of the comprehensive capital facilities

17  planning and budgeting process, including the plans revised

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

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

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

21  plans.

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

23  Statutes, is amended to read:

24         216.0152  Inventory of state-owned facilities or

25  state-occupied facilities.--

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

27  3 years, publish a complete report detailing this inventory

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

29  department shall furnish the updated report to the Executive

30  Office of the Governor and the Legislature no later than

31  September 15 1 of each year.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  216.0158, Florida Statutes, are amended to read:

  3         216.0158  Assessment of facility needs.--

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

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

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

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

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

  9  by the legislative budget instructions, a short-term plan for

10  facility needs covering the next 5-year period.  The

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

12  facility needs in order of priority and shall include

13  preventive maintenance strategies, expected replacement of

14  existing facilities, expected improvements or additions to

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

16  cost, and other information as prescribed by the legislative

17  budget instructions.  At the same time, when directed in the

18  legislative budget instructions as provided in s. 216.023(3),

19  each agency shall submit to the Executive Office of the

20  Governor, and each district court of appeal and the Marshal of

21  the Supreme Court shall submit to the Chief Justice of the

22  Supreme Court, who shall submit copies to the legislative

23  appropriations committees, in a format prescribed by the

24  instructions, a long-term plan for the 5 years following the

25  period of the short-term plan.  The long-term plan shall

26  outline forecasted agency facility needs.  The Chief Justice

27  shall certify the final approved plan for the judicial branch

28  to the Executive Office of the Governor which shall include

29  the plan, without modification, in the state comprehensive

30  plan.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  requirements of s. 216.043.

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

  4  the following information:

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

  6  including a description of the function which requires the

  7  facility; an explanation of the inability of existing

  8  facilities to meet such requirements; historical background;

  9  alternatives; and anticipated changes in both initial and

10  continuing operating costs.

11         (b)  An application of standards and criteria to

12  establish the scope of each project.

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

14  each project to establish an estimate of funding requirements.

15         (d)  A request for a legislative appropriation to

16  provide such funding in the appropriate fiscal year, including

17  the need for advance funding of programming and design

18  activities.

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

20  216.016, Florida Statutes, is amended to read:

21         216.016  Evaluation of plans; determination of

22  financing method.--

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

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

25  and fixed capital outlay needs, which shall be incorporated

26  into the Governor's recommended budget submitted to the

27  Legislature pursuant to s. 216.162.

28         Section 7.  Section 216.023, Florida Statutes, is

29  amended to read:

30         216.023  Legislative budget requests to be furnished to

31  Legislature by agencies.--

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (1)  The head of each state agency shall submit a final

  2  legislative budget request to the Legislature and to the

  3  Governor, as chief budget officer of the state, in the form

  4  and manner prescribed in the budget instructions and at such

  5  time as specified by the Executive Office of the Governor,

  6  based on the agency's independent judgment of its needs.

  7  However, no state agency shall submit its complete final

  8  legislative budget request, including all supporting forms and

  9  schedules required by this chapter, later than September 15 1

10  of each year.

11         (2)  The judicial branch and the Division of

12  Administrative Hearings shall submit their complete final

13  legislative budget requests directly to the Legislature with a

14  copy to the Governor, as chief budget officer of the state, in

15  the form and manner as prescribed in the budget instructions.

16  However, the complete final legislative budget requests,

17  including all supporting forms and schedules required by this

18  chapter, shall be submitted no later than September 15 1 of

19  each year.

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

21  appropriations committees of the Legislature shall jointly

22  develop legislative budget instructions for preparing the

23  exhibits and schedules that make up the agency budget from

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

25  216.031 and 216.043, shall prepare their legislative budget

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

27  216.141 and shall be transmitted to each agency and to the

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

29  event that agreement cannot be reached between the Executive

30  Office of the Governor and the appropriations committees of

31  the Legislature regarding legislative budget instructions, the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  issue shall be resolved by the Governor, the President of the

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

  3         (4)  The legislative budget request must contain for

  4  each program:

  5         (a)  The constitutional or statutory authority for a

  6  program, a brief purpose statement, and approved program

  7  components.

  8         (b)  Information on expenditures for 3 fiscal years

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

10  expenditures, and agency budget requested expenditures for the

11  next fiscal year) by appropriation category.

12         (c)  Details on trust funds and fees.

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

14  or requested).

15         (e)  An issue narrative describing and justifying

16  changes in amounts and positions requested for current and

17  proposed programs for the next fiscal year.

18         (f)  Information resource requests.

19         (g)  Legislatively approved output and outcome

20  performance measures and any proposed revisions to measures.

21         (h)  Proposed performance standards for each

22  performance measure and justification for the standards and

23  the sources of data to be used for measurement.

24         (i)  Prior-year performance data on approved

25  performance measures and an explanation of deviation from

26  expected performance. Performance data must be assessed for

27  reliability in accordance with s. 20.055.

28         (j)  Unit costs for approved output measures pursuant

29  to s. 186.022.

30         (k)  Proposed performance incentives and disincentives.

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

                                  20
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  which the judicial branch is required to submit a

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

  3  the Supreme Court shall identify and, after consultation with

  4  the Office of Program Policy Analysis and Government

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

  6  Speaker of the House of Representatives a list of proposed

  7  programs and associated performance measures. The judicial

  8  branch shall provide documentation to accompany the list of

  9  proposed programs and performance measures as provided under

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

11  performance-based program agency budget request using the

12  programs and performance measures adopted by the Legislature.

13  The Chief Justice may propose revisions to approved programs

14  or performance measures for the judicial branch. The

15  Legislature shall have final approval of all programs and

16  associated performance measures and standards for the judicial

17  branch through the General Appropriations Act or legislation

18  implementing the General Appropriations Act. By September 15,

19  2001, the Chief Justice of the Supreme Court shall submit to

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

21  Representatives a performance-based program budget request for

22  programs of the judicial branch approved by the Legislature

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

24         (6)  Agencies must maintain a comprehensive performance

25  accountability system and provide a list of performance

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

27  measures approved by the Legislature.

28         (7)  Annually, by June 30, executive agencies shall

29  submit to the Executive Office of the Governor adjustments to

30  their performance standards based on the amounts appropriated

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

                                  21
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  is made, all performance standards, including any adjustments

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

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

  4  to the Legislature pursuant to the review and approval process

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

  6  and the House of Representatives Fiscal Responsibility Council

  7  shall advise Senate substantive committees and House of

  8  Representatives substantive committees, respectively, of all

  9  adjustments made to performance standards or measures. The

10  Executive Office of the Governor shall maintain both the

11  official record of adjustments to the performance standards as

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

13  official performance ledger. As used in this section,

14  "performance ledger" means the official compilation of

15  information about state agency performance-based programs and

16  measures, including approved programs, approved outputs and

17  outcomes, baseline data, approved standards for each

18  performance measure and any approved adjustments thereto, as

19  well as actual agency performance for each measure.

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

21  for review a preliminary legislative budget request to the

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

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

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

25  prescribed by the Executive Office of the Governor.

26         (8)  Annually, by June 30, the judicial branch shall

27  make adjustments to any performance standards for approved

28  programs based on the amount appropriated for each program,

29  which shall be submitted to the Legislature pursuant to the

30  notice and review process provided in s. 216.177. The Senate

31  Committee on Fiscal Policy and the House Fiscal Responsibility

                                  22
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Council shall advise Senate substantive committees and House

  2  substantive committees, respectively, of all adjustments made

  3  to performance standards or measures.

  4         (9)(5)  The Executive Office of the Governor shall

  5  review the preliminary legislative budget request for

  6  technical compliance with the budget format provided for in

  7  the budget instructions. The Executive Office of the Governor

  8  shall notify the agency or the judicial branch of any

  9  adjustment required.  The agency or judicial branch shall make

10  the appropriate corrections as requested in preparing its

11  final legislative budget request.  If the appropriate

12  technical corrections are not made as requested in the final

13  legislative budget requests, the Executive Office of the

14  Governor shall may adjust the budget request to incorporate

15  the appropriate technical corrections in the format of the

16  request.

17         (10)(6)  At any time after the Governor and the Chief

18  Justice submit their recommended budgets to the Legislature,

19  the head of the agency or judicial branch may amend his or her

20  request by transmitting to the Governor and the Legislature an

21  amended request in the form and manner prescribed in the

22  legislative budget instructions.

23         (11)  The legislative budget request from each agency

24  and from the judicial branch shall be reviewed by the

25  Legislature. The review may allow for the opportunity to have

26  information or testimony by the agency, the judicial branch,

27  the Auditor General, the Office of Program Policy Analysis and

28  Government Accountability, the Governor's Office of Planning

29  and Budgeting, and the public regarding the proper level of

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

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

                                  23
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  reviewed by the Legislature.

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

  4  the contrary notwithstanding, each agency subject to the

  5  provisions of this section shall submit its legislative budget

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

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

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

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

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

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

12  recommendations prepared and submitted by the Director of the

13  Office of Program Policy Analysis and Government

14  Accountability pursuant to s. 11.513.  If the recommendations

15  of the director contain recommendations that specifically

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

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

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

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

20  response to any funding recommendations which apply to such

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

22  director's recommended funding levels shall be displayed

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

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

25  funding recommendations shall be specifically cross-referenced

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

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

28         (c)  The budget instructions required pursuant to

29  subsection (3) shall include requirements that agency or

30  judicial branch responses, major issue summaries contained in

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  issued with the General Appropriations Act set the

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

  3  following manner:

  4         1.  The director's recommendations for reduced funding

  5  shall be separately identified as the director's

  6  recommendations and treated as nonrecurring expenditures.

  7         2.  Agency requests to restore the director's

  8  recommendations for reduced funding shall be separately

  9  identified as agency requests to restore the director's

10  recommendations and treated as improved programs.

11         3.  The director's recommendations for increased

12  funding shall be separately identified as the director's

13  recommendations and treated as major issues for continuation

14  of current programs.

15         4.  All other agency requests that would provide

16  funding levels above the director's recommendations shall be

17  separately identified as agency requests for funding above the

18  director's recommendations and treated as new or improved

19  programs.

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

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

22  this subsection and the evaluation and review of the agency

23  pursuant to ss. 11.513 and 216.0165, the appropriate

24  substantive committees of the Senate and the House of

25  Representatives shall review the report of the consultant and

26  the recommendations of the director submitted pursuant to s.

27  11.513 and the responses to the director's recommendations by

28  the agencies that are the subject of the report and

29  recommendations, and shall make recommendations for

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  recommendations of the director.  In developing their

  2  recommendations, such committees also shall consider the

  3  recommendations and responses made in the agencies'

  4  legislative budget requests as required by this subsection and

  5  in the Governor's recommended budget.

  6         Section 8.  Section 216.031, Florida Statutes, is

  7  amended to read:

  8         216.031  Target budget request Budgets for operational

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

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

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

12  needs of the agency and the judicial branch for operational

13  expenditures during the next fiscal year, shall be submitted

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

15  Supreme Court and shall contain the following:

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

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

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

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

20  the requested expenditures for the next fiscal year.  The

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

22  for each fiscal year of data for which positions are

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

24  request for the State University System shall be expressed in

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

26  s. 240.271 and in terms of the specified appropriation

27  categories, including the special units' budgets, prescribed

28  in the prior appropriations act.

29         (2)  For each program component within the budget

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

31  the summary explanation of expenditures for each detail issue

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  describing the amounts and positions for the next fiscal year

  2  for continuation of current programs, for improved programs,

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

  4  for the next fiscal year.

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

  6  schedule showing the trust funds available, providing the

  7  source of receipts, detail of nonoperating disbursements,

  8  operating expenditures, fixed capital outlay, and unencumbered

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

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

11  addition, for each trust fund established in connection with

12  legislative action authorizing the collection of a fee or

13  other charge to support a governmental service or activity

14  being performed by the agency involved, there shall be

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

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

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

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

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

20  shall be reviewed by the appropriations committees in the

21  Senate and House of Representatives for the express purpose of

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

23  such activities as nearly self-supporting as possible.

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

25  of positions, providing for each class of positions within

26  discrete organizational activities, by the collective

27  bargaining unit and program component for the next fiscal

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

29  estimated rate of salary, the amounts requested for new

30  positions, and the number of new positions requested.

31         (5)  Detailed information for the next fiscal year

                                  27
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  necessary for the Legislature and the Governor to evaluate:

  2         (a)  The effectiveness of current programs, including

  3  justification for those programs.

  4         (b)  The justification for increasing costs to continue

  5  the operations of current programs.

  6         (c)  The justification for proposed improvements in

  7  existing programs.

  8         (d)  The justification for proposed new programs.

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

10  the following fiscal year.

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

12  for operational expenditures, by order of priority.

13         (6)  Additional information providing a detailed

14  description of the request of the agency and the corresponding

15  calculations needed to support the request.

16         (7)  Workload and other performance indicators, as

17  prescribed by the legislative budget instructions.

18         (8)  An information resources management schedule

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

20  for information resources management.  The schedule shall be

21  in the format provided for in the legislative budget

22  instructions.  The budget request for information resources

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

24  request are in response to any information resources

25  management issues included in the legislative budget

26  instructions. This subsection is applicable only to those

27  state agencies which are under the purview of ss.

28  282.303-282.313 and to the judicial branch.

29         (9)  A report separately listing the sources of

30  receipts into each trust fund and the amounts of such

31  receipts. In addition, the report shall identify the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  administrative and program costs expended from the trust fund,

  2  including salaries, other personal services, operating capital

  3  outlay, fixed capital outlay, other expenses, contractual

  4  services, and transfers to other trust funds.

  5         (10)  For those agencies or the judicial branch

  6  operating programs under a performance-based program budget,

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

  8  performance standards for programs approved pursuant to s.

  9  216.0166. Such evaluation shall be developed as prescribed by

10  the budget instructions, and shall include any responses by

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

12  of Program Policy Analysis and Government Accountability

13  pursuant to s. 11.513.

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

15  baseline data, outcome measures, output measures, and

16  standards for program measures, including justification for

17  those programs in the format required by the legislative

18  budget instructions.

19         (12)  A prioritized listing of planned expenditures for

20  review and possible reduction in the event of revenue

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

22  in the format provided in the planning and budgeting

23  instructions.

24

25  Either chair of a legislative appropriations committee, or the

26  Executive Office of the Governor for state agencies, may

27  require the agency or the Chief Justice to address major

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

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

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

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

                                  29
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  instructions.  The Executive Office of the Governor may

  3  request an agency, or the chair of the appropriations

  4  committees of the Senate or House of Representatives may

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

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

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

  8  target budget shall require each entity to establish an order

  9  of priorities for its budget issues and may include requests

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

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

12  performance-based budget in the format prescribed by the

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

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

15  planning and budgeting system requirements set out in s.

16  216.141.  Such a request shall not influence the agencies' or

17  judicial branch's independent judgment in making legislative

18  budget requests, as required by law.

19         Section 9.  Section 216.044, Florida Statutes, is

20  amended to read:

21         216.044  Budget evaluation by Department of Management

22  Services.--

23         (1)  Any state agency or judicial branch entity

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

25  Department of Management Services shall consult with that

26  department during the budget-development process. The

27  Department of Management Services shall provide

28  recommendations regarding construction requirements, cost of

29  the project, and project alternatives to be incorporated in

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

31  request and narrative justification.

                                  30
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  capital outlay legislative budget request to the Executive

  3  Office of the Governor or to the Chief Justice of the Supreme

  4  Court, the agency or judicial branch shall submit a copy of

  5  the legislative budget request to the Department of Management

  6  Services for evaluation.

  7         (3)(2)  The Department of Management Services shall

  8  advise the Executive Office of the Governor, the Chief

  9  Justice, and the Legislature regarding alternatives to the

10  proposed fixed capital outlay project and make recommendations

11  relating to the construction requirements and cost of the

12  project.  These recommendations shall be provided to the

13  Legislature and Executive Office of the Governor at a time

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

15  the regular session of the Legislature. When evaluating

16  alternatives, the Department of Management Services shall

17  include information as to whether it would be more

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

19  construct facilities on property presently owned by the state,

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

21  In determining the cost to the state of constructing

22  facilities on property presently owned by the state or the

23  cost of acquiring property on which to construct facilities,

24  the Department of Management Services shall include the costs

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

26  property and constructing the facilities, including, but not

27  limited to, taxes and return on investment.

28         (3)  The Department of Management Services shall

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

30  and the Executive Office of the Governor in fulfilling the

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

                                  31
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  216.031 and 216.043.

  2         Section 10.  Section 216.0446, Florida Statutes, is

  3  amended to read:

  4         216.0446  Review of information resources management

  5  needs.--

  6         (1)  There is created within the Legislature the

  7  Technology Review Workgroup. The workgroup shall Executive

  8  Office of the Governor may contract with the Legislature to

  9  provide a mechanism for review of and make recommendations

10  with respect to the portion of agencies' long-range program

11  strategic plans which pertains to information resources

12  management needs and with respect to agencies' legislative

13  budget requests for information resources management.  This

14  mechanism shall be referred to as The Technology Review

15  Workgroup, which shall be responsible to the chairs of the

16  legislative appropriations committees headed by a senior-level

17  manager.

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

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

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

21  following:

22         (a)  To evaluate the information resource management

23  needs identified in the agency long-range program strategic

24  plans for consistency with the State Annual Report on

25  Information Resources Management and statewide policies

26  recommended by the State Technology Council, and make

27  recommendations to the chairs of the legislative

28  appropriations committees Executive Office of the Governor,

29  pursuant to s. 186.022(3).

30         (b)  To review and make recommendations to the

31  Executive Office of the Governor and the chairs of the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  legislative appropriations fiscal committees on proposed

  2  budget amendments and agency transfers associated with notices

  3  of proposed action for budget items with respect to

  4  information resources management initiatives or projects that

  5  involve more than one agency, that have an outcome that

  6  impacts another agency, or that exceed $500,000 in total cost

  7  over a 1-year period.

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

  9  the Governor on guidelines and best practices for information

10  resources management based on information received from the

11  State Technology Council.

12         Section 11.  Section 216.052, Florida Statutes, is

13  amended to read:

14         216.052  Community Legislative budget requests;

15  appropriations; grants.--

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

17  judicial branch shall be reviewed by the Legislature.  The

18  review may allow for the opportunity to have information or

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

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

21  Budgeting, and the public regarding the proper level of

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

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

24  and budgeting process, the strategic plan should be reviewed

25  by the Legislature.

26         (1)(3)  A local, county, or regional governmental

27  entity government, private organization, or nonprofit

28  organization may submit a request for requesting a state

29  appropriation for a program, service, or capital outlay

30  initiative that is local or regional in scope, is intended to

31  meet a documented need, addresses a statewide interest, is

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  intended to produce measurable results, and has tangible

  2  community support to members of the Legislature, a state

  3  agency, or the Governor. has not been formally recommended

  4  under procedures established by law or that has been formally

  5  recommended under such procedures but has not been recommended

  6  by an agency or by the judicial branch, or that promotes only

  7  a local or regional interest, may be allowed the opportunity

  8  to provide information or testimony to the appropriate

  9  subcommittee of each appropriations committee.  Each such

10  request must include a fiscal note that shows the estimated

11  cost of operations and capital outlay for the project.  The

12  fiscal note shall indicate the percentage of the projected

13  costs of operations and capital outlay that is to be provided

14  through state funds.

15         (2)(4)  Each appropriation to a local government, a

16  private organization, or a nonprofit organization made

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

18  or capital outlay initiative that promotes a solely local or

19  regional interest shall require that the community's support

20  be tangibly demonstrated by evidence that the program or

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

22  Any other appropriation to a local government, a private

23  organization, or a nonprofit organization made pursuant to

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

25  generally require local matching funds. The match must be

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

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

28  state funds shall be used to encourage the establishment of

29  community-based partnerships between the public sector and the

30  private sector.

31         (3)  Each community budget request submitted pursuant

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  elected public officials before being submitted for

  3  consideration.

  4         (4)  For requests submitted to members of the

  5  Legislature, community budget requests shall be submitted in

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

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

  8  President of the Senate and the Speaker of the House of

  9  Representatives do not agree on a form and manner of

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

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

12         (5)  Community budget requests shall be submitted to

13  the chairs of the legislative appropriations committees in

14  accordance with the schedule established jointly by the

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

16  Representatives. If the President of the Senate and the

17  Speaker of the House of Representatives do not agree on a

18  schedule to be used by both houses, each may prescribe a

19  schedule to be used in his or her house.

20         (6)  The Executive Office of the Governor shall

21  prescribe the form and manner of submission of requests to

22  state agencies and to the Governor.

23         (7)(5)  The retention of interest earned on state funds

24  or the amount of interest income earned shall be applied

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

26  contracted amount.

27         (8)(6)  Whenever possible, a loan must be made in lieu

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

29  nonprofit organization.  It is the intent of the Legislature

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  state.

  2         (9)(7)  Any private or nonprofit organization that is

  3  to receive funds through a community budget request requesting

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

  5  provide information regarding its organization, including a

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

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

  8  audit report prepared by an independent certified public

  9  accountant licensed in this state, including management

10  letters or other documents associated with the audit report.

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

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

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

14  subsection or at the direction of the Legislative Auditing

15  Committee, conduct audits of any direct-support organization

16  or citizen support organization authorized by law.

17  Independent audits of direct-support organizations and citizen

18  support organizations conducted by certified public

19  accountants shall be performed in accordance with rules

20  promulgated by the Auditor General.

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

22  Statutes, is amended to read:

23         216.081  Data on legislative and judicial branch

24  expenses.--

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

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

27  budget, estimates of the financial needs of the legislative

28  branch and the judicial branch during the ensuing fiscal year

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

30         Section 13.  Section 216.131, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         216.131  Public hearings on legislative budgets.--The

  2  Governor and the Chief Justice of the Supreme Court shall each

  3  provide for at least one public hearing prior to submission of

  4  budget recommendations to the Legislature on issues contained

  5  in agency legislative budget requests or in the judicial

  6  branch budget request and issues that which may be included in

  7  budget recommendations to the Legislature, which hearing shall

  8  be held at such time as the Governor or the Chief Justice may

  9  fix. The Governor may require the attendance or participation,

10  or both, at his or her hearings of the heads or responsible

11  representatives of all state agencies supported by any form of

12  taxation or licenses, fees, imposts, or exactions. The

13  Governor and the Chief Justice may provide these hearings

14  simultaneously via electronic format, such as teleconference,

15  Internet, etc., provided that a means for active participation

16  and questions by the audience is accommodated.

17         Section 14.  Section 216.133, Florida Statutes, is

18  amended to read:

19         216.133  Definitions; ss. 216.133-216.137.--As used in

20  ss. 216.133-216.137:

21         (1)  "Consensus estimating conference" includes the

22  Economic Estimating Conference, the Demographic Estimating

23  Conference, the Revenue Estimating Conference, the Education

24  Estimating Conference, the Criminal Justice Estimating

25  Conference, the Juvenile Justice Estimating Conference, the

26  Child Welfare System Estimating Conference, the Occupational

27  Forecasting Conference, the School Readiness Program

28  Estimating Conference, the Self-Insurance Estimating

29  Conference, the Florida Retirement System Actuarial Assumption

30  Conference, and the Social Services Estimating Conference, and

31  the Transportation Estimating Conference.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  principals of a consensus estimating conference unanimously

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

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

  6  the principals of a consensus estimating conference.

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

  8  the processes and functions prescribed in chapter 186 and this

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

10         Section 15.  Section 216.134, Florida Statutes, is

11  amended to read:

12         216.134  Consensus estimating conferences; general

13  provisions.--

14         (1)  Each consensus estimating conference shall develop

15  such official information within its area of responsibility as

16  the conference determines, by consensus, is needed for

17  purposes of the state planning and budgeting system.  Unless

18  otherwise provided by law or decided by unanimous agreement of

19  the principals of the conference, all official information

20  developed by the conference shall be based on the assumption

21  that current law and current administrative practices will

22  remain in effect throughout the period for which the official

23  information is to be used.  The official information developed

24  by each consensus estimating conference shall include

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

26  principals of the conference unanimously agree otherwise.

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

28  official estimate does not exist until a new consensus is

29  reached.

30         (3)(2)  The official information developed by the

31  Economic Estimating Conference and the official information

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  developed by the Demographic Estimating Conference shall be

  2  used by all other consensus estimating conferences in

  3  developing their official information.

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

  5  conference consists of principals and participants.

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

  7  preside over conference sessions, convene conference sessions,

  8  request information, specify topics to be included on the

  9  conference agenda, agree or withhold agreement on whether

10  information is to be official information of the conference,

11  release official information of the conference, interpret

12  official information of the conference, and monitor errors in

13  official information of the conference.

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

15  participate in the consensus estimating conference by a

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

17  principal before or during any session of the conference,

18  develop alternative forecasts, collect and supply data,

19  perform analyses, or provide other information needed by the

20  conference. The conference shall consider information provided

21  by participants in developing its official information.

22         (5)(4)  All sessions and meetings of a consensus

23  estimating conference shall be open to the public as provided

24  in chapter 286.

25         Section 16.  Section 216.136, Florida Statutes, is

26  amended to read:

27         216.136  Consensus estimating conferences; duties and

28  principals.--

29         (1)  ECONOMIC ESTIMATING CONFERENCE.--

30         (a)  Duties.--

31         1.  The Economic Estimating Conference shall develop

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  such official information with respect to the national and

  2  state economies as the conference determines is needed for the

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

  4  forecasts which are a part of its official information shall

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

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

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

  8  forecast is developed in a special impact session of the

  9  conference.

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

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

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

13  Economic Estimating Conference shall evaluate and project the

14  financial condition of the employee group health

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

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

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

18  conference shall indicate whether the current plan premium

19  rates are sufficient to fund projected plan claims and other

20  expenses during the fiscal year.

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 Economic Estimating

26  Conference.  The responsibility of presiding over sessions of

27  the conference shall be rotated among the principals.

28         (2)  DEMOGRAPHIC ESTIMATING CONFERENCE.--

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

30  shall develop such official information with respect to the

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the conference determines is needed for the state planning and

  2  budgeting system.  The conference shall use the official

  3  population estimates provided under s. 186.901 in developing

  4  its official information.

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

  6  the coordinator of the Office of Economic and Demographic

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

  8  Representatives who have forecasting expertise, or their

  9  designees, are the principals of the Demographic Estimating

10  Conference.  The responsibility of presiding over sessions of

11  the conference shall be rotated among the principals.

12         (3)  REVENUE ESTIMATING CONFERENCE.--

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

14  develop such official information with respect to anticipated

15  state and local government revenues as the conference

16  determines is needed for the state planning and budgeting

17  system.  Any principal may request the conference to review

18  and estimate revenues for any trust fund.

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

20  the coordinator of the Office of Economic and Demographic

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

22  Representatives who have forecasting expertise, or their

23  designees, are the principals of the Revenue Estimating

24  Conference.  The responsibility of presiding over sessions of

25  the conference shall be rotated among the principals.

26         (4)  EDUCATION ESTIMATING CONFERENCE.--

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

28  develop such official information relating to the state public

29  educational system, including forecasts of student

30  enrollments, the number of students qualified for state

31  financial aid programs and the appropriation required to fund

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  the conference determines is needed for the state planning and

  4  budgeting system.  The conference's initial projections of

  5  enrollments in public schools shall be forwarded by the

  6  conference to each school district no later than 2 months

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

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

  9  the initial projections.  Any adjustment request shall be

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

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

12  considered by the principals of the conference.  A school

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

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

15  adjustment request shall be considered by the principals of

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

17  shall indicate and explain, using definitions adopted by the

18  conference, the components of anticipated enrollment changes

19  that correspond to continuation of current programs with

20  workload changes; program improvement; program reduction or

21  elimination; initiation of new programs; and any other

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

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

24  student consensus estimate to the Legislature no later than 1

25  month after the start of the regular session of the

26  Legislature. No conference estimate may be changed without the

27  agreement of the full conference.

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

29  start of the regular session of the Legislature, the

30  conference shall forward to each eligible postsecondary

31  education institution its initial projections of the number of

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  students qualified for state financial aid programs and the

  2  appropriation required to fund those students at the full

  3  award amount. Each postsecondary education institution may

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

  5  Any adjustment request must be submitted to the conference no

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

  7  of the Legislature and shall be considered by the principals

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

  9  postsecondary education institution shall indicate and

10  explain, using definitions adopted by the conference, the

11  components of anticipated changes that correspond to

12  continuation of current programs with enrollment changes,

13  program reduction or elimination, initiation of new programs,

14  award amount increases or decreases, and any other information

15  that is considered by the conference. The conference shall

16  submit its consensus estimate to the Legislature no later than

17  1 month after the start of the regular session of the

18  Legislature. No conference estimate may be changed without the

19  agreement of the full conference.

20         (c)  Principals.--The Associate Deputy Commissioner of

21  Education for Educational Management, the Executive Office of

22  the Governor, the coordinator of the Office of Economic and

23  Demographic Research, and professional staff of the Senate and

24  House of Representatives who have forecasting expertise, or

25  their designees, are the principals of the Education

26  Estimating Conference. The Associate Deputy Commissioner of

27  Education for Educational Management or his or her designee

28  shall preside over sessions of the conference.

29         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

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

31  Conference shall develop such official information relating to

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the criminal justice system, including forecasts of prison

  2  admissions by offense categories specified in Rule 3.701,

  3  Florida Rules of Criminal Procedure, as the conference

  4  determines is needed for the state planning and budgeting

  5  system.

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

  7  the coordinator of the Office of Economic and Demographic

  8  Research, and professional staff, who have forecasting

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

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

11  the Criminal Justice Estimating Conference.  The principal

12  representing the Executive Office of the Governor shall

13  preside over sessions of the conference.

14         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--

15         (a)  Duties.--

16         1.  The Social Services Estimating Conference shall

17  develop such official information relating to the social

18  services system of the state, including forecasts of social

19  services caseloads, as the conference determines is needed for

20  the state planning and budgeting system.  Such official

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

22  child care caseloads mandated by the Family Support Act of

23  1988.

24         2.  In addition, the Social Services Estimating

25  Conference shall develop estimates and forecasts of the

26  unduplicated count of children eligible for subsidized child

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

28  forecasts shall not include children enrolled in the

29  prekindergarten early intervention program established in s.

30  230.2305.

31         3.  The Department of Children and Family Services and

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the Department of Education shall provide information on

  2  caseloads and waiting lists for the subsidized child care and

  3  prekindergarten early intervention programs requested by the

  4  Social Services Estimating Conference or individual conference

  5  principals, in a timely manner.

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

  7  the coordinator of the Office of Economic and Demographic

  8  Research, and professional staff, who have forecasting

  9  expertise, from the Department of Children and Family

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

11  their designees, are the principals of the Social Services

12  Estimating Conference.  The principal representing the

13  Executive Office of the Governor shall preside over sessions

14  of the conference.

15         (7)  TRANSPORTATION ESTIMATING CONFERENCE.--

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

17  shall develop such official budget information relating to

18  transportation planning and budgeting as is determined by the

19  conference principals to be needed for the state planning and

20  budgeting system.  This information shall include estimates of

21  transportation cost indices and other budget-related

22  estimates. This conference shall not address estimates of

23  transportation revenues.

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

25  the coordinator of the Office of Economic and Demographic

26  Research, and professional staff with budgeting expertise from

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

28  Representatives are the principals of the Transportation

29  Estimating Conference. The principal representing the

30  Executive Office of the Governor shall preside over sessions

31  of the conference.

                                  45
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (7)(8)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

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

  3  Conference shall develop such official information relating to

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

  5  child welfare caseloads, as the conference determines is

  6  needed for the state planning and budgeting system. Such

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

  8         1.  Estimates and projections of the number of initial

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

10  made to the central abuse hotline maintained by the Department

11  of Children and Family Services as established in s.

12  39.201(4). Projections may take into account other factors

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

14  hotline.

15         2.  Estimates and projections of the number of children

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

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

18  residential group care, adoptive services, or other

19  appropriate care.

20

21  In addition, the conference shall develop other official

22  information relating to the child welfare system of the state

23  which the conference determines is needed for the state

24  planning and budgeting system.  The Department of Children and

25  Family Services shall provide information on the child welfare

26  system requested by the Child Welfare System Estimating

27  Conference, or individual conference principals, in a timely

28  manner.

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

30  the coordinator of the Office of Economic and Demographic

31  Research, and professional staff who have forecasting

                                  46
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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  expertise from the Department of Children and Family Services,

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

  3  designees, are the principals of the Child Welfare System

  4  Estimating Conference. The principal representing the

  5  Executive Office of the Governor shall preside over sessions

  6  of the conference.

  7         (8)(9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

  9  Conference shall develop such official information relating to

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

11  the conference principals to be needed for the state planning

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

13  not limited to:  estimates of juvenile delinquency caseloads

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

15  juvenile detention placements; estimates of workloads in the

16  juvenile sections in the offices of the state attorneys and

17  public defenders; estimates of mental health and substance

18  abuse treatment relating to juveniles; and such other

19  information as is determined by the conference principals to

20  be needed for the state planning and budgeting system.

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

22  the Office of Economic and Demographic Research, and

23  professional staff who have forecasting expertise from the

24  Department of Juvenile Justice, the Department of Children and

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

26  Office, the Department of Law Enforcement, the Senate

27  Appropriations Committee staff, the House of Representatives

28  Appropriations Committee staff, or their designees, are the

29  principals of the Juvenile Justice Estimating Conference. The

30  responsibility of presiding over sessions of the conference

31  shall be rotated among the principals. To facilitate policy

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  and legislative recommendations, the conference may call upon

  2  professional staff of the Juvenile Justice Accountability

  3  Board and appropriate legislative staff.

  4         (9)(10)  OCCUPATIONAL FORECASTING CONFERENCE.--

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

  6  shall develop such official information on the workforce

  7  development system planning process as it relates to the

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

  9  the conference determines is needed by the state planning and

10  budgeting system.  Such information must include at least:

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

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

13  relative wage forecasts among those occupations; and estimates

14  of the supply of trained and qualified individuals available

15  for employment in those occupations.

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

17  Executive Office of the Governor, the director of the Office

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

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

20  Demographic Research, or their designees, are the principals

21  of the Occupational Forecasting Conference.  The Commissioner

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

23  over the sessions of the conference.

24         (10)(11)  SCHOOL READINESS PROGRAM ESTIMATING

25  CONFERENCE.--

26         (a)  Duties.--

27         1.  The School Readiness Program Estimating Conference

28  shall develop such estimates and forecasts of the number of

29  individuals eligible for school readiness programs in

30  accordance with the standards of eligibility established by

31  state or federal statute or administrative rule as the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  conference determines are needed to support the state

  2  planning, budgeting, and appropriations processes.

  3         2.  In addition, the School Readiness Program

  4  Estimating Conference shall estimate the unduplicated count of

  5  children who are eligible for services under the school

  6  readiness program.

  7         3.  The Florida Partnership for School Readiness shall

  8  provide information on needs and waiting lists for school

  9  readiness program services requested by the School Readiness

10  Program Estimating Conference or individual conference

11  principals in a timely manner.

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

13  the Director of Economic and Demographic Research, and

14  professional staff who have forecasting expertise from the

15  Florida Partnership for School Readiness, the Department of

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

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

18  are the principals of the School Readiness Program Estimating

19  Conference. The principal representing the Executive Office of

20  the Governor shall preside over sessions of the conference.

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

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

23  shall develop such official information on self-insurance

24  related issues as the conference determines is needed by the

25  state planning and budgeting system.

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

27  the coordinator of the Office of Economic and Demographic

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

29  and the House of Representatives which have primary

30  responsibility for legislation dealing with taxation, or their

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Conference. The responsibility of presiding over sessions of

  2  the conference shall be rotated among the principals.

  3         (12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

  4  CONFERENCE.--

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

  6  Assumption Conference shall develop official information with

  7  respect to the economic and noneconomic assumptions and

  8  funding methods of the Florida Retirement System necessary to

  9  perform the system actuarial study undertaken pursuant to s.

10  121.031(3). Such information shall include:  an analysis of

11  the actuarial assumptions and actuarial methods used in the

12  study and a determination of whether changes to the

13  assumptions or methods need to be made due to experience

14  changes or revised future forecasts.

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

16  the coordinator of the Office of Economic and Demographic

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

18  Representatives who have forecasting expertise, or their

19  designees, are the principals of the Florida Retirement System

20  Actuarial Assumption Conference. The Executive Office of the

21  Governor shall have the responsibility of presiding over the

22  sessions of the conference. The State Board of Administration

23  and the Division of Retirement shall be participants in the

24  conference.

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

26  Statutes, is amended to read:

27         216.141  Budget system procedures; planning and

28  programming by state agencies.--

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

30  consultation with the appropriations committees of the Senate

31  and House of Representatives, and by utilizing the Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Financial Management Information System management data and

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

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

  4  provide for continuous planning and programming and for

  5  effective management practices for the efficient operations of

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

  7  planning and budgeting system shall be limited to the

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

  9  216.031, 216.043, 216.121, 216.181, 216.182, and 216.192 and

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

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

12  Legislature Executive Office of the Governor may contract with

13  the Executive Office of the Governor Legislature to develop

14  the planning and budgeting system and to provide services to

15  the Legislature for the support and use of the legislative

16  appropriations system.  The contract shall include the

17  policies and procedures for combining the legislative

18  appropriations system with the planning and budgeting

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

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

21  codes.  The combined legislative appropriations and planning

22  and budgeting information subsystem shall support the

23  legislative appropriations and legislative oversight functions

24  without data code conversion or modification.

25         Section 18.  Subsection (1) of section 216.162, Florida

26  Statutes, is amended to read:

27         216.162  Governor's recommended budget to be furnished

28  Legislature; copies to members.--

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

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

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

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

  6  her recommended balanced budget be submitted at a later time

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

  8         Section 19.  Section 216.163, Florida Statutes, is

  9  amended to read:

10         216.163  Governor's recommended budget; form and

11  content; declaration of collective bargaining impasses.--

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

13  referenced to the legislative budget requests prescribed in

14  ss. 216.023 216.031 and 216.043 and shall be consistent with

15  the format of the current fiscal year General Appropriations

16  Act or shall be distinctly separated into four sections.  If

17  separated into four sections, Section One of the budget shall

18  be entitled "Operations"; Section Two shall be entitled

19  "Revenue Sharing, Distributions and Transfers"; Section Three

20  shall be entitled "Fixed Capital Outlay"; and Section Four

21  shall be entitled "Debt Service."

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

23  include:

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

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

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

27  year.  These recommendations shall be displayed by

28  appropriation category within each budget entity, with detail

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

30  include the legislative budget request of the corresponding

31  agency.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  Chief Justice for fixed capital outlay appropriations for the

  3  next fiscal year. These recommendations shall be displayed by

  4  budget entity and shall also include the legislative budget

  5  request of the corresponding agency.

  6         2.  For each specific fixed capital outlay project or

  7  group of projects or operating capital outlay requests

  8  recommended to be funded from a proposed state debt or

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

10  216.164(1)(a) the documents set forth in s. 216.0442(2).

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

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

13  proposed projects as made by the Department of Management

14  Services pursuant to s. 216.044.

15         (d)  A summary statement of the amount of

16  appropriations requested by each state agency and as

17  recommended by the Governor and by the judicial branch.

18         (e)  A distinct listing of all nonrecurring

19  appropriations recommended by the Governor or the Chief

20  Justice.

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

22  calculate the amounts required for salaries, other personal

23  services, expenses, operating capital outlay, electronic data

24  processing, and food products recommended by the Governor or

25  the Chief Justice.

26         (g)  Explanations and justification, expressed in terms

27  of program-effectiveness measures, program-efficiency

28  measures, workload, productivity adjustments, staffing

29  standards, and any other criteria needed to evaluate the

30  delivery of governmental services and to explain the

31  Governor's recommendations or the Chief Justice's

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  recommendations, and such other supporting schedules and

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

  3  Justice.

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

  5  a reconciliation of the Governor's recommendations for the

  6  funding of the agency budget and tentative work program with

  7  the budget and tentative work program submitted by the

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

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

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

11  information resource management projects which should be

12  subject to special monitoring under s. 282.322. These

13  recommendations shall include proviso language which specifies

14  whether funds are specifically provided to contract for

15  project monitoring, or whether the Auditor General will

16  conduct such project monitoring. When funds are recommended

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

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

19  These funds shall be specifically appropriated and

20  nonrecurring.

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

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

23  recommendations.

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

25  performance-based program budget for approved programs

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

27  submitted to the Legislature shall be provided in a fashion

28  that will allow comparison of the requested information with

29  the agency request and legislative appropriation by the

30  automated legislative appropriation planning and budgeting

31  system.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  findings of the Office of Program Policy Analysis and

  4  Government Accountability, to the extent they are available,

  5  request any reports or additional analyses as necessary, and

  6  submit a recommendation for executive agencies, which may

  7  include a recommendation regarding incentives or disincentives

  8  for agency performance. Incentives or disincentives may apply

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

10  review the findings of the Office of Program Policy Analysis

11  and Government Accountability regarding judicial branch

12  performance and make appropriate recommendations for the

13  judicial branch.

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

15         1.  Additional flexibility in budget management, such

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

17  categories, or performance-based program appropriation;

18  consolidation of budget entities or program components;

19  consolidation of appropriation categories; and increased

20  agency transfer authority between appropriation categories or

21  budget entities.

22         2.  Additional flexibility in salary rate and position

23  management.

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

25  balances of appropriations as of June 30, or undisbursed

26  balances as of December 31, excluding special categories and

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

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

29  training, or productivity enhancements, including technology

30  and other improvements.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  enhancements, including technology and other improvements.

  3         5.  Additional funds provided pursuant to law to be

  4  released to an agency quarterly or incrementally contingent

  5  upon the accomplishment of units of output or outcome

  6  specified in the General Appropriations Act.

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

  8         1.  Mandatory quarterly reports to the Executive Office

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

10  in meeting performance standards.

11         2.  Mandatory quarterly appearances before the

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

13  report on the agency's progress in meeting performance

14  standards.

15         3.  Elimination or restructuring of the program, which

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

17  outsourcing all or a portion of the program.

18         4.  Reduction of total positions for a program.

19         5.  Restriction on or reduction of the spending

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

21         6.  Reduction of managerial salaries.

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

23  senator and representative with a copy of his or her

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

25  Office of the Governor shall electronically transmit to the

26  legislative appropriations committees the Governor's

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

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

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

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

31  an impasse in all collective bargaining negotiations for which

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  collective bargaining agreement has not been executed.  Within

  3  14 days thereafter, the Governor shall furnish the legislative

  4  appropriations committees with documentation relating to the

  5  last offer he or she made during such collective bargaining

  6  negotiations or recommended to a mediator or special master

  7  appointed to resolve the impasse.

  8         Section 20.  Subsections (1) and (2) of section

  9  216.177, Florida Statutes, are amended to read:

10         216.177  Appropriations acts, statement of intent,

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

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

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

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

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

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

17  legislative appropriations committees shall jointly transmit:

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

19  workload measures as appropriate;

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

21  appropriations determined in consultation with the Executive

22  Office of the Governor to be nonrecurring; and

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

24  and (c),

25

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

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

28  each state agency.  The statement of intent constitutes a

29  manifestation of how the Legislature, in its considered

30  opinion as a representative of the people, thinks

31  appropriations should be spent.  The statement of intent is

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  amend or correct any provision, in the General Appropriations

  3  Act, but the statement of intent may provide additional

  4  explanation to the Executive Office of the Governor, the

  5  judicial branch, the Administration Commission, and each

  6  affected state agency relative to the purpose, objectives,

  7  spending philosophy, and restrictions associated with any

  8  specific appropriation.  The statement of intent shall compare

  9  the request of the agency or of the judicial branch or the

10  recommendation of the Governor to the funds appropriated for

11  the purpose of establishing intent in the development of the

12  approved operating budget.  A request for additional

13  explanation and direction regarding the legislative intent of

14  the General Appropriations Act during the fiscal year may be

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

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

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

18  necessary.  However, the Comptroller may also request further

19  clarification of legislative intent pursuant to the

20  Comptroller's responsibilities related to his or her preaudit

21  function of expenditures.

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

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

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

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

26  Budget Commission and chairs of the legislative appropriations

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

28  chairs at least 14 consecutive days prior to the action

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

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

31  release of funds appropriated by the Legislature, the notice

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  for which this chapter requires notice to the Legislative

  4  Budget Commission and appropriations committees without such

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

  6  cause for considering such item.

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

  8  chairs of the legislative appropriations committees or the

  9  President of the Senate and the Speaker of the House of

10  Representatives timely advise, in writing, the Executive

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

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

13  proposed action, whether subject to the notice and review

14  requirements of this chapter or not, exceeds the delegated

15  authority of the Executive Office of the Governor for the

16  executive branch or, the Chief Justice for the judicial

17  branch, or the Administration Commission, respectively, or is

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

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

20  Commission shall void such action and instruct the affected

21  state agency or entity of the judicial branch to change

22  immediately its spending action or spending proposal until the

23  Legislature addresses the issue.  The written documentation

24  shall indicate the specific reasons that an action or proposed

25  action exceeds the delegated authority or is contrary to

26  legislative policy and intent.

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

28  provide by rule that any member of the House of

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

30  the President of the Senate or the Speaker of the House of

31  Representatives or the chair of the respective Legislative

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Budget Commission appropriations committee to initiate the

  2  procedures of paragraph (b).

  3         Section 21.  Section 216.178, Florida Statutes, is

  4  amended to read:

  5         216.178  General Appropriations Act; format; procedure;

  6  cost statement for new debt or obligation.--

  7         (1)  Any information contained in a conference

  8  committee report on a general or supplemental appropriations

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

10  committee to implement a general or supplemental

11  appropriations bill and effective for the same period as such

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

13  or special legislative session must be made available to the

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

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

16  House of Representatives.

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

18  and Budgeting shall develop a final budget report that

19  reflects the net appropriations for each budget item.  The

20  report shall reflect actual expenditures for each of the 2

21  preceding fiscal years and the estimated expenditures for the

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

23  actual revenues and cash balances for the preceding 2 fiscal

24  years and the estimated revenues and cash balances for the

25  current fiscal year.  The report may also contain expenditure

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

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

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

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

30  to the Auditor General, and to the public.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

  2  statement which sets forth the estimated cost of each new

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

  4  statement shall be written in substantially the following

  5  form:

  6

  7         The General Appropriations Act for fiscal year

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

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

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

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

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

13  estimated that the 5-year operational costs associated with

14  those capital outlay projects to be funded by the incurrence

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

16         Section 22.  Section 216.179, Florida Statutes, is

17  amended to read:

18         216.179  Reinstatement of vetoed appropriations by

19  administrative means prohibited.--After the Governor has

20  vetoed a specific appropriation for an agency or the judicial

21  branch, neither the Governor, the Administration Commission,

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

23  agency, in their various statutory and constitutional roles,

24  may authorize expenditures for or implementation in any manner

25  of the programs that were authorized by the vetoed

26  appropriation.

27         Section 23.  Section 216.181, Florida Statutes, is

28  amended to read:

29         216.181  Approved budgets for operations and fixed

30  capital outlay.--

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  containing appropriations shall be considered the original

  2  approved operating budgets for operational and fixed capital

  3  expenditures. Amendments to the approved operating budgets for

  4  operational and fixed capital outlay expenditures from state

  5  agencies may be requested only through the Executive Office of

  6  the Governor and approved by the Governor and the Legislative

  7  Budget Commission or Administration Commission as provided in

  8  this chapter. Amendments from the judicial branch may be

  9  requested only through, and approved by, the Chief Justice of

10  the Supreme Court.  This includes amendments which are

11  necessary to implement the provisions of s. 216.212 or s.

12  216.221.

13         (2)  Amendments to the original approved operating

14  budgets for operational and fixed capital outlay expenditures

15  must comply with the following guidelines in order to be

16  approved by the Governor and the Legislative Budget Commission

17  or Administration Commission as provided in this chapter for

18  the executive branch and the Chief Justice for the judicial

19  branch:

20         (a)  The amendment must be consistent with legislative

21  policy and intent.

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

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

24  existing program.

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

26  provisions of this chapter, the amendment may not provide

27  funding or increased funding for items which were funded by

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

29  agency or Governor in the legislative budget request or which

30  were vetoed by the Governor.

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  must be adequate and appropriate revenues available in the

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

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

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

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

  6  provided in subsection (11).

  7         (e)  The amendment shall not conflict with any

  8  provision of law.

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

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

11  legislative budget request and not funded in the General

12  Appropriations Act.

13         (g)  The amendment must include a written description

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

15  interim budget action is necessary, and the intended recipient

16  of any funds for contracted services.

17         (h)  The amendment must not provide general salary

18  increases which the Legislature has not authorized in the

19  General Appropriations Act or other laws.

20         (3)  All amendments to original approved operating

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

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

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

24  Senate and the House of Representatives should be advised of

25  budget amendments requested by the executive branch.

26         (5)(4)  An All amendments to the original approved

27  operating budgets, regardless of funding source, are subject

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

29  and must be approved by the Governor and Administration

30  Commission as provided in this chapter for the executive

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  amendment is for an information resources management project

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

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

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

  5  that are a continuation of hardware or software maintenance or

  6  software licensing agreements, or that are for desktop

  7  replacement that is similar to the technology currently in use

  8  must be reviewed by the Technology Review Workgroup pursuant

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

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

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

12  review procedures set forth in s. 216.177.

13         (6)(5)(a)  The Executive Office of the Governor or the

14  Chief Justice of the Supreme Court may require the submission

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

16  branch affected, consistent with the General Appropriations

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

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

19  appropriation. The provisions of this paragraph are subject to

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

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

22  without approval of the Legislative Budget Administration

23  Commission, state agency budgets to reflect the transferred

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

25

26  The Executive Office of the Governor shall transmit to each

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

28  transmit to each judicial branch component and the

29  Comptroller, any approved amendments to the approved operating

30  budgets.

31         (7)(6)  The Executive Office of the Governor may, for

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the purpose of improved contract administration, authorize the

  2  consolidation of two or more fixed capital outlay

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

  4  Supreme Court for the judicial branch, except for projects

  5  authorized under chapter 235, provided the original scope and

  6  purpose of each project are not changed.

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

  8  Division of Administrative Hearings shall be as set forth in

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

10  the Executive Office of the Governor subject to the provisions

11  of s. 120.65(2).

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

13  Executive Office of the Governor shall furnish to each state

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

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

16  annual salary rate for each budget entity containing a salary

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

18  rate and shall be consistent with the General Appropriations

19  Act or special appropriations acts.  The annual salary rate

20  shall be:

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

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

23  authorized positions as specified in the General

24  Appropriations Act and special appropriations acts, or as

25  provided pursuant to s. 216.177.

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

27  Department of Education, which shall be controlled by division

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

29  branch level budget entity.

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

31  which may not be transferred between budget entities unless

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the associated positions are also transferred pursuant to s.

  2  216.262(1)(c).

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

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

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

  6  as provided in the General Appropriations Act.

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

  8  maximum approved annual salary rate for the fiscal year.

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

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

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

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

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

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

15  for that budget entity.

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

17  Chief Justice of the Supreme Court may increase or decrease

18  the approved salary rate for positions for the purpose of

19  implementing the General Appropriations Act, special

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

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

22  interest of the state and consistent with legislative intent

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

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

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

26  specifically appropriated.

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

28  transfers of appropriations in the General Appropriations Act

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

30  Justice of the Supreme Court may approve such transfers for

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the Supreme Court may establish nonoperating budgets if deemed

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

  3  with legislative intent and policy.  The Executive Office of

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

  5  approve changes in the amounts appropriated from state trust

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

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

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

  9  deemed necessary due to a set of conditions that were

10  unforeseen at the time the General Appropriations Act was

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

12  the operation of government. The provisions of this subsection

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

14  set forth in s. 216.177.

15         (12)  There is appropriated nonoperating budget for

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

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

18  funds specifically required by law. Such authorized budget,

19  together with related releases, shall be transmitted by the

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

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

22  prescribed by the Executive Office of the Governor in

23  consultation with the Comptroller. A copy of such authorized

24  budgets shall be furnished to the Executive Office of the

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

26  committees responsible for developing the general

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

28  withhold approval of nonoperating investment authority for

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

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

31  Justice for the judicial branch, may establish nonoperating

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  budgets for transfers, purchase of investments, special

  2  expenses, distributions, and any other nonoperating budget

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

  4  state and consistent with legislative intent and policy. The

  5  provisions of this subsection are subject to the notice,

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

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

  8  means nonoperating disbursement authority for purchase of

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

10  of funds specifically required by law, distributions of assets

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

12  fiduciary, special expenses, and other nonoperating budget

13  categories as determined necessary by the Executive Office of

14  the Governor, not otherwise appropriated in the General

15  Appropriations Act.

16         (13)(12)  Each state agency and the judicial branch

17  shall develop the internal management procedures and budgets

18  necessary to assure compliance with the approved operating

19  budget.

20         (14)(13)  The Executive Office of the Governor and the

21  Chief Justice of the Supreme Court shall certify the amounts

22  approved for operations and fixed capital outlay, together

23  with any relevant supplementary materials or information, to

24  the Comptroller; and such certification shall be the

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

26  state agency pursuant to s. 216.192.

27         (15)(14)  The provisions of this section do not apply

28  to the budgets for the legislative branch.

29         (16)(15)(a)  Funds provided in any specific

30  appropriation in the General Appropriations Act may be

31  advanced if the General Appropriations Act specifically so

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  provides.

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

  3  authorized by the General Appropriations Act or expressly

  4  authorized by other law to make advances for program startup

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

  6  shall limit such disbursements to other governmental entities

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

  8  advanced shall not exceed the expected cash needs of the

  9  contractor or recipient within the initial 3 months.

10  Thereafter, disbursements shall only be made on a

11  reimbursement basis.  Any agreement that provides for

12  advancements may contain a clause that permits the contractor

13  or recipient to temporarily invest the proceeds, provided that

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

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

16  amount.  This paragraph does not constitute lawful authority

17  to make any advance payment not otherwise authorized by laws

18  relating to a particular agency or general laws relating to

19  the expenditure or disbursement of public funds.  The

20  Comptroller may, after consultation with the legislative

21  appropriations committees, advance funds beyond a 3-month

22  requirement waive the requirements of this paragraph which

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

24  the intent of the approved operating budget.

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

26  appropriated to the Department of Children and Family Services

27  in Specific Appropriations 292 through 425 and the Department

28  of Health in Specific Appropriations 445 through 540 of the

29  1999-2000 General Appropriations Act may be advanced, unless

30  specifically prohibited in such General Appropriations Act,

31  for those contracted services that were approved for

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

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

  4         (16)  Notwithstanding any provision of this section to

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

  6  Department of Children and Family Services is authorized to

  7  use operating funds budgeted for Developmental Services

  8  Institutions for fixed capital outlay expenditures as needed

  9  to bring any currently unlicensed beds up to Federal

10  Intermediate Care Facility for the Developmentally Disabled

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

12  2000.

13         (17)  Notwithstanding any other provision of this

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

15  only, the Florida Department of Law Enforcement may transfer

16  up to 20 positions and associated budget between budget

17  entities, provided the same funding source is used throughout

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

19  percent of the initial approved salary rate between budget

20  entities, provided the same funding source is used throughout

21  each transfer. The department must provide notice to the

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

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

24  Criminal Justice Appropriations for all transfers of positions

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

26         (18)  Notwithstanding any other provision of this

27  chapter to the contrary, the Florida Department of

28  Transportation, in order to facilitate the transfer of

29  personnel to the new turnpike headquarters location in Orange

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

31  from other departmental budget entities. The department must

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  provide documentation of all transfers to the Executive Office

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

  3  and the Chairman of the House of Representatives Committee on

  4  Transportation and Economic Development Appropriations. This

  5  subsection expires July 1, 2000.

  6         Section 24.  Section 216.1825, Florida Statutes, is

  7  created to read:

  8         216.1825  Zero-based budgeting.--

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

10  the Legislative Budget Commission shall apply zero-based

11  budgeting principles in reviewing the budget of each state

12  agency at least once every 8 years.

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

14  shall issue instructions to the agencies whose budgets are to

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

16  submission for information required by the commission will be

17  included in the instructions.

18         (3)  The commission shall provide its reports of

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

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

21  December 31.

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

23  Department of Revenue and the Department of Law Enforcement

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

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

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

27  Representatives, a schedule for completing zero-based

28  budgeting reviews of all remaining state agencies prior to

29  December 31, 2008.

30         Section 25.  Section 216.183, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         216.183  Entities using performance-based program

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

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

  4  appropriated shall utilize the chart of accounts used by the

  5  Florida Accounting Information Resource Subsystem in the

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

  7  state agencies and the judicial branch for which a

  8  performance-based program budget has been appropriated shall

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

10  the Department of Banking and Finance, and the Executive

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

12  Budget Commission.

13         Section 26.  Subsection (1) of section 216.192, Florida

14  Statutes, is amended to read:

15         216.192  Release of appropriations; revision of

16  budgets.--

17         (1)  Unless otherwise provided in the General

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

19  percent of the original approved operating budget of each

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

21  such time as annual plans for quarterly releases for all

22  appropriations have been developed, approved, and furnished to

23  the Comptroller by the Executive Office of the Governor for

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

25  for the judicial branch.  The plans, including appropriate

26  plans of releases for fixed capital outlay projects that

27  correspond with each project schedule, shall attempt to

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

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

30  shall at no time exceed the total appropriations available to

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  accordance with the release plans prescribed by the Executive

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

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

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

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

  8  chair of the Legislative Budget Commission, the chairs of the

  9  legislative appropriations committees, and the Auditor

10  General. The Comptroller shall authorize all expenditures to

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

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

13  Expenditures shall be authorized only in accordance with

14  legislative authorizations. Nothing herein precludes periodic

15  reexamination and revision by the Executive Office of the

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

17  release of appropriations and the notifications of the parties

18  of all such revisions.

19         Section 27.  Section 216.195, Florida Statutes, is

20  amended to read:

21         216.195  Impoundment of funds; restricted.--The

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

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

24  Commission, or any state agency shall not impound any

25  appropriation except as necessary to avoid or eliminate a

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

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

28  appropriation or part of an appropriation in the approved

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  appropriation for the stated purposes authorized in the

  2  approved operating budget. The provisions of this section are

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

  4  The Governor or either house of the Legislature may seek

  5  judicial review of any action or proposed action which

  6  violates the provisions of this section.

  7         Section 28.  Section 216.212, Florida Statutes, is

  8  amended to read:

  9         216.212  Budgets for federal funds; restrictions on

10  expenditure of federal funds.--

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

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

13  develop and implement procedures for accelerating the drawdown

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

15  The Executive Office of the Governor shall establish a

16  clearinghouse for federal programs and activities.  The

17  clearinghouse shall develop the capacity to respond to federal

18  grant opportunities and to coordinate the use of federal funds

19  in the state.

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

21  preparing a budget to be submitted to the Federal Government

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

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

24  review approval before submitting it to the proper federal

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

26  specifically authorize any agency to submit specific types of

27  grant proposals directly to the Federal Government.

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

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

30  Federal Government for funds, equipment, material, or

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Justice of the Supreme Court for approval before submitting it

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

  3  may specifically authorize any court to submit specific types

  4  of grant proposals directly to the Federal Government.

  5         (2)  When such federal authority has approved the

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

  7  shall submit to the Executive Office of the Governor such

  8  documentation showing approval as that office prescribes.

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

10  must acknowledge each approved request or budget by entering

11  that approval into an Automated Grant Management System

12  developed in consultation with the chairs of the House of

13  Representatives and Senate appropriations committees.

14         (3)  Federal money appropriated by Congress or received

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

16  by itself or in conjunction with moneys appropriated by the

17  Legislature, may not be expended unless appropriated by the

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

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

20  with the legislative appropriations committees, approve the

21  receipt and expenditure of funds from federal sources by state

22  agencies or by the judicial branch.  Any federal programs

23  requiring state matching funds which funds were eliminated, or

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

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

26  other fund sources for the State University System which do

27  not carry a continuing commitment on future appropriations are

28  hereby appropriated for the purpose received.

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  and maintain a means to ensure the compatibility of the

  2  Florida Accounting Information Resource Subsystem and the

  3  Federal Aid Tracking System.  Any successive systems serving

  4  identical or similar functions shall preserve such

  5  compatibility.

  6         Section 29.  Section 216.216, Florida Statutes, is

  7  created to read:

  8         216.216  Court settlement funds negotiated by the

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

10  officer or any other counsel representing the interests of the

11  state negotiates settlement amounts to be expended on any

12  state operational or fixed capital issue in the judicial

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

14  unless appropriated by the Legislature to the appropriate

15  agency responsible for the operational or fixed capital issue.

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

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

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

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

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

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

22         Section 30.  Subsections (2) and (6) of section

23  216.221, Florida Statutes, are amended to read:

24         216.221  Appropriations as maximum appropriations;

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

26         (2)  The Legislature may shall annually provide

27  direction in the General Appropriations Act regarding use of

28  the Budget Stabilization Fund and Working Capital Fund to

29  offset General Revenue Fund deficits.

30         (6)  If the Revenue Estimating Conference projects a

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

  3  series of projected deficits in the General Revenue Fund

  4  exceeds 1.5 percent of the moneys appropriated from the

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

  6  resolved by the Legislature.

  7         Section 31.  Paragraph (a) of subsection (2) of section

  8  216.251, Florida Statutes, is amended to read:

  9         216.251  Salary appropriations; limitations.--

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

11  indicated in the appropriations acts shall be as provided in

12  one of the following subparagraphs:

13         1.  Within the classification and pay plans provided

14  for in chapter 110.

15         2.  Within the classification and pay plans established

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

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

18  the State Board of Education for academic and academic

19  administrative personnel.

20         3.  Within the classification and pay plan approved and

21  administered by the Board of Regents for those positions in

22  the State University System.

23         4.  Within the classification and pay plan approved by

24  the President of the Senate and the Speaker of the House of

25  Representatives, or by the Legislative Auditing Committee, as

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

27         5.  Within the approved classification and pay plan for

28  the judicial branch.

29         6.  The salary of all positions not specifically

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

31  by the Chief Justice for the judicial branch.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         Section 32.  Paragraphs (a), (b), and (f) of subsection

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

  3         216.262  Authorized positions.--

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

  5  total number of authorized positions may not exceed the total

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

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

  8  of positions so provided is not sufficient to administer its

  9  authorized programs, it may file an application with the

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

11  the office or Chief Justice certifies that there are no

12  authorized positions available for addition, deletion, or

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

14  recommends an increase in the number of positions, the

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

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

17  the following reasons only:

18         1.  To implement or provide for continuing federal

19  grants or changes in grants not previously anticipated;

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

21         3.  To satisfy new federal regulations or changes

22  therein;

23         4.  To take advantage of opportunities to reduce

24  operating expenditures or to increase the revenues of the

25  state or local government; and

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

27  Legislature through error in drafting the appropriations acts.

28

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

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

31  application, the certification, and the final authorization

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  shall be filed with the Legislative Budget Commission, the

  2  appropriations committees and with the Auditor General.

  3         (b)  The Governor Administration Commission and the

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

  5  or managerial positions within a department and establish

  6  direct service delivery positions in excess of the number of

  7  supervisory or managerial positions deleted.  The salary rate

  8  for all positions authorized under this paragraph may not

  9  exceed the salary rate for all positions deleted under this

10  paragraph. Positions affected by changes made under this

11  paragraph may be funded only from identical funding sources.

12         (f)  Perquisites may not be furnished by a state agency

13  or by the judicial branch unless approved by the Department of

14  Management Services, or otherwise delegated to the agency

15  head, or by the Chief Justice, respectively, during each

16  fiscal year. Whenever a state agency or the judicial branch is

17  to furnish perquisites, the Department of Management Services

18  or the agency head to which the approval has been delegated or

19  the Chief Justice, respectively, must approve the kind and

20  monetary value of such perquisites before they may be

21  furnished. Perquisites may be furnished only when in the best

22  interest of the state due to the exceptional or unique

23  requirements of the position. The value of a perquisite may

24  not be used to compute an employee's base rate of pay or

25  regular rate of pay unless required by the Fair Labor

26  Standards Act. Permissible perquisites include, but are not

27  limited to, moving expenses, clothing, use of vehicles and

28  other transportation, domestic services, groundskeeping

29  services, telephone services, medical services, housing,

30  utilities, and meals. The Department of Management Services

31  may adopt uniform rules applicable to the executive branch

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  agencies to implement its responsibilities under this

  2  paragraph, which rules may specify additional perquisites,

  3  establish additional criteria for each kind of perquisite,

  4  provide the procedure to be used by executive agencies in

  5  applying for approvals, and establish the required

  6  justification. As used in this section, the term "perquisites"

  7  means those things, or the use thereof, or services of a kind

  8  that confer on the officers or employees receiving them some

  9  benefit that is in the nature of additional compensation, or

10  that reduce to some extent the normal personal expenses of the

11  officer or employee receiving them. The term includes, but is

12  not limited to, such things as quarters, subsistence,

13  utilities, laundry services, medical service, use of

14  state-owned vehicles for other than state purposes, and

15  servants paid by the state.

16         Section 33.  Subsection (1) of section 216.271, Florida

17  Statutes, is amended to read:

18         216.271  Revolving funds.--

19         (1)  No revolving fund may be established or increased

20  in amount pursuant to s. 18.101(2), unless approved by the

21  Comptroller.  The purpose and uses of a revolving fund may not

22  be changed without the prior approval of the Comptroller. As

23  used in this section, the term "revolving fund" means a cash

24  fund maintained within or outside the State Treasury and

25  established from an appropriation, to be used by an agency or

26  the judicial branch in making authorized expenditures.

27         Section 34.  Section 216.292, Florida Statutes, is

28  amended to read:

29         216.292  Appropriations nontransferable; exceptions.--

30         (1)(a)  Funds provided in the General Appropriations

31  Act or as otherwise expressly provided by law shall be

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  expended only for the purpose for which appropriated, except

  2  that if deemed necessary such moneys may be transferred as

  3  provided in subsections (3) and, (4), and (5) when it is

  4  determined to be in the best interest of the state.

  5  Appropriations for fixed capital outlay may not be expended

  6  for any other purpose, and appropriations may not be

  7  transferred between state agencies, or between a state agency

  8  and the judicial branch, unless specifically authorized by

  9  law.

10         (b)  For the 1998-1999 fiscal year only, The Department

11  of Children and Family Services and the Agency for Health Care

12  Administration may transfer general revenue funds as necessary

13  to comply with any provision of the General Appropriations Act

14  that requires or specifically authorizes the transfer of

15  general revenue funds between these two agencies. This

16  paragraph is repealed on July 1, 1999.

17         (2)  A lump sum appropriated for a performance-based

18  program must be distributed by the Governor for state agencies

19  or the Chief Justice for the judicial branch into the

20  traditional expenditure categories in accordance with s.

21  216.181(6)(b) s. 216.181(5)(b).  At any time during the year,

22  the agency head or Chief Justice may transfer funds between

23  those categories with no limit on the amount of the transfer.

24  Authorized revisions of the original approved operating

25  budget, together with related changes, if any, must be

26  transmitted by the state agency or by the judicial branch to

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

28  chair of the Legislative Budget Commission, the chairs of the

29  legislative appropriations committees, the Office of Program

30  Policy Analysis and Government Accountability, and the Auditor

31  General. Such authorized revisions shall be consistent with

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the intent of the approved operating budget, shall be

  2  consistent with legislative policy and intent, and shall not

  3  conflict with specific spending policies specified in the

  4  General Appropriations Act. The Executive Office of the

  5  Governor shall forward a copy of the revisions within 7

  6  working days to the Comptroller for entry in his or her

  7  records in the manner and format prescribed by the Executive

  8  Office of the Governor in consultation with the Comptroller.

  9  Such authorized revisions shall be consistent with the intent

10  of the approved operating budget, shall be consistent with

11  legislative policy and intent, and shall not conflict with

12  specific spending policies specified in the General

13  Appropriations Act. Additionally, subsection (3) shall not

14  apply to programs operating under performance-based program

15  budgeting where a lump sum was appropriated.

16         (3)  The head of each department or the Chief Justice

17  of the Supreme Court, whenever it is deemed necessary by

18  reason of changed conditions, may transfer appropriations

19  funded from identical funding sources, except appropriations

20  for fixed capital outlay, and transfer the amounts included

21  within the total original approved budget and releases as

22  furnished pursuant to ss. 216.181 and 216.192, as follows:

23         (a)  Between categories of appropriations within a

24  budget entity, if no category of appropriation is increased or

25  decreased by more than 5 percent of the original approved

26  budget or $150,000 $25,000, whichever is greater, by all

27  action taken under this subsection.

28         (b)  Additionally, between budget entities within

29  identical categories of appropriations, if no category of

30  appropriation is increased or decreased by more than 5 percent

31  of the original approved budget or $150,000 $25,000, whichever

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  is greater, by all action taken under this subsection.

  2         (c)  Such authorized revisions must be consistent with

  3  the intent of the approved operating budget, must be

  4  consistent with legislative policy and intent, and must not

  5  conflict with specific spending policies specified in the

  6  General Appropriations Act.

  7

  8  Such authorized revisions, together with related changes, if

  9  any, in the plan for release of appropriations, shall be

10  transmitted by the state agency or by the judicial branch to

11  the Comptroller for entry in the Comptroller's records in the

12  manner and format prescribed by the Executive Office of the

13  Governor in consultation with the Comptroller.  A copy of such

14  revision shall be furnished to the Executive Office of the

15  Governor or the Chief Justice, the chair of the Legislative

16  Budget Commission, the chairs of the legislative committees,

17  and the Auditor General.

18         (4)(a)  The head of each department or the Chief

19  Justice of the Supreme Court may transfer funds within

20  programs identified in the General Appropriations Act from

21  identical funding sources between the following appropriation

22  categories without limitation so long as such a transfer does

23  not result in an increase to the total recurring general

24  revenue or trust fund cost of the agency or entity of the

25  judicial branch in the subsequent fiscal year:  other personal

26  services, expenses, operating capital outlay,

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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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  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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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  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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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  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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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  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         Section 35.  Section 216.348, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  created to read:

  2         216.348  Fixed capital outlay grants and aids

  3  appropriations to certain nonprofit entities.--If a bill

  4  appropriating a fixed capital outlay grants and aids

  5  appropriation requires compliance with this section, the

  6  following conditions shall apply, except to the extent that

  7  such bill modifies these conditions:

  8         (1)  As used in this section, the term:

  9         (a)  "Administering agency" means the governmental

10  agency or entity which is charged by the bill appropriating

11  the fixed capital outlay grants and aids appropriation to a

12  grantee with administering that appropriation.

13         (b)  "Grant" means a fixed capital outlay grants and

14  aids appropriation to a nonprofit entity other than a

15  governmental entity.

16         (c)  "Grantee" means a nonprofit entity, other than a

17  governmental entity, to which the Legislature has appropriated

18  over $50,000 pursuant to a fixed capital outlay grants and

19  aids appropriation.

20         (2)  Prior to the receipt of any grant money from the

21  administering agency, a grantee must provide the administering

22  agency with an affidavit by an officer or director of the

23  grantee certifying under oath that the grantee is a nonprofit

24  entity and must execute a written agreement with the

25  administering agency, in a form approved by the administering

26  agency, pursuant to subsection (3).

27         (3)(a)  If the grantee is acquiring real property with

28  the grant, or if the grantee owns the real property upon which

29  an improvement is being constructed, renovated, altered,

30  modified, or maintained with the grant, the grantee must

31  execute, deliver, and record in the county in which the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  subject property is located an agreement that:

  2         1.  States a correct legal description of the real

  3  property.

  4         2.  Sets forth with specificity the buildings,

  5  appurtenances, fixtures, fixed equipment, structures,

  6  improvements, renovations, and personalty to be purchased

  7  pursuant to the grant.

  8         3.  During the term of the agreement, prohibits the

  9  grantee from selling, transferring, mortgaging, or assigning

10  the grantee's interest in the real property, unless the

11  administering agency approves the sale, transfer, mortgage, or

12  assignment; and, in the case of sale, transfer, or assignment,

13  the purchaser, transferor, or assignee must fully assume, in

14  writing, all of the terms and conditions of the agreement

15  required by this subsection. The administering agency may not

16  agree to subordinate a mortgage.

17         (b)  If the grantee is not acquiring real property, or

18  does not own the real property being improved, the agreement

19  shall:

20         1.  Specify the leasehold or other real property

21  interest the grantee has in the real property.

22         2.  State the name of the owner of the real property.

23         3.  Describe the relationship between the owner of the

24  real property and the grantee.

25         4.  Set forth with specificity the improvements,

26  renovations, and personalty to be purchased pursuant to the

27  grant.

28         5.  During the term of the agreement, prohibit the

29  grantee from selling, transferring, mortgaging, or assigning

30  the grantee's interest in the leasehold, improvements,

31  renovations, or personalty, unless the administering agency

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  approves the sale, transfer, mortgage, or assignment; and, in

  2  the case of sale, transfer, or assignment, the purchaser,

  3  transferor, or assignee must fully assume, in writing, all of

  4  the terms and conditions of the agreement required by this

  5  subsection. Additionally, the grantee shall execute and

  6  deliver a security instrument, financing statement, or other

  7  appropriate document securing the interest of the

  8  administering agency in the improvements, renovations, and

  9  personalty associated with the grant. The administering agency

10  may not subordinate or modify a security interest.

11         (c)  All agreements required by this subsection shall:

12         1.  Require the grantee to continue the operation,

13  maintenance, repair, and administration of the property in

14  accordance with the purposes for which the funds were

15  originally appropriated and for the period of time expressly

16  specified by the bill appropriating the grant. If the bill

17  appropriating the grant does not specify a time period, the

18  administering agency shall determine a reasonable period of

19  time.

20         2.  Provide that if the grantee fails, during the term

21  of the agreement, to operate, maintain, repair, and administer

22  the property in accordance with the purposes for which the

23  funds were originally granted, the grantee shall return to the

24  administering agency, no later than upon demand by the

25  administering agency, an amount calculated as follows:

26         a.  If the bill appropriating the grant states a

27  specific repayment formula, that formula shall be used;

28         b.  If the bill appropriating the grant states a

29  specific period of time but does not specify a repayment

30  formula, the amount to be returned shall be calculated on a

31  pro rata basis for that period of time; or

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         c.  If the bill appropriating the grant does not state

  2  a specific period of time or formula, the amount to be

  3  returned shall be specified by the administering agency, which

  4  shall be no less than the full amount of the grant less

  5  $100,000 or 10 percent of the grant, whichever is more, for

  6  each full year for which the property was used for such

  7  purposes.

  8

  9  The administering agency shall deposit all funds returned by

10  the grantee into the state fund from which the grant was

11  originally made.

12         3.  Require that the grantee adopt an accounting

13  system, in compliance with generally accepted accounting

14  principles, which shall provide for a complete record of the

15  use of the grant money. In addition, the provisions of s.

16  216.3491 shall apply.

17         4.  Provide that the grantee shall indemnify, defend,

18  and hold the administering agency harmless from and against

19  any and all claims or demands for damages resulting from

20  personal injury, including death or damage to property,

21  arising out of or relating to the subject property or the use

22  of the grant money. The agreement shall require the grantee to

23  purchase and maintain insurance on behalf of directors,

24  officers, and employees of the grantee against any personal

25  liability or accountability by reason of actions taken while

26  acting within the scope of their authority. The administering

27  agency shall be immune from civil or criminal liability

28  resulting from acts or omissions of the grantee and the

29  grantee's agents, employees, or assigns.

30         5.  Require the grantee to return any portion of the

31  grant money received that is not necessary to the purchase of

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the land, or to the cost of the improvements, renovations, and

  2  personalty, for which the grant was awarded.

  3         (d)  The administering agency may:

  4         1.  Require that, during any term or period of

  5  construction, or until such time as the grant money is fully

  6  and properly spent according to the bill appropriating the

  7  grant, the grantee obtain a blanket fidelity bond, in the

  8  amount of the grant, issued by a company authorized and

  9  licensed to do business in this state, which will reimburse

10  the administering agency in the event that anyone handling the

11  grant moneys either misappropriates or absconds with the grant

12  moneys. All employees handling the grant moneys must be

13  covered by the bond.

14         2.  Include any other term or condition the

15  administering agency deems reasonable and necessary for the

16  effective and efficient administration of the grant.

17         3.  Modify any condition required by this subsection,

18  provided the administering agency deems that such modification

19  is necessary in order to best effectuate the purpose of the

20  grant and provided the bill appropriating the grant, or

21  applicable law, does not otherwise require.

22         (e)  The agreement must provide that the administering

23  agency shall execute a satisfaction of the agreement in

24  recordable form upon full compliance by the grantee with the

25  terms of the agreement.

26         Section 36.  Subsection (11) is added to section 11.45,

27  Florida Statutes, to read:

28         11.45  Definitions; duties; audits; reports.--

29         (11)  In addition to any other provision of law

30  granting access to records and accounts, the Auditor General

31  may, pursuant to his or her own authority granted in this

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  subsection or at the direction of the Legislative Auditing

  2  Committee, conduct audits of any direct-support organization

  3  or citizen-support organization authorized by law. Independent

  4  audits of direct-support organizations and citizen-support

  5  organizations conducted by certified public accountants shall

  6  be performed in accordance with rules adopted by the Auditor

  7  General.

  8         Section 37.  Section 11.90, Florida Statutes, is

  9  created to read:

10         11.90  Legislative Budgeting Commission.--

11         (1)  There is created a standing joint committee of the

12  Legislature designated the Legislative Budgeting Commission,

13  composed of 14 members as follows:  7 members of the Senate

14  appointed by the President of the Senate, to include the

15  Chairman of the Senate Budget Committee or its successor, and

16  7 members of the House of Representatives appointed by the

17  Speaker of the House of Representatives, to include the

18  Chairman of the Fiscal Responsibility Council or its

19  successor. The terms of members shall be for 2 years and shall

20  run from the organization of one Legislature to the

21  organization of the next Legislature. Vacancies occurring

22  during the interim period shall be filled in the same manner

23  as the original appointment.  The members of the committee

24  shall elect a chair and vice chair. During the 2-year term, a

25  member of each house shall serve as chair for 1 year.

26         (2)  The Legislative Budget Commission shall be

27  governed by joint rules of the Senate and the House of

28  Representatives which shall remain in effect until repealed or

29  amended by concurrent resolution.

30         (3)  The commission shall meet at least quarterly and

31  more frequently at the direction of the presiding officers or

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  upon call of the chairman. A quorum shall consist of a

  2  majority of members from each house, plus one additional

  3  member from either house. Action by the commission requires a

  4  majority vote of the members present of each house.

  5         (4)  The commission may conduct its meetings through

  6  teleconferences or other similar means.

  7         (5)  The commission will be jointly staffed by the

  8  appropriations committees of the House of Representatives and

  9  the Senate. During even-numbered years, the Senate will serve

10  as lead staff, and during odd-numbered years, the House of

11  Representatives will serve as lead staff.

12         Section 38.  Subsection (2) of section 120.65, Florida

13  Statutes, is amended to read:

14         120.65  Administrative law judges.--

15         (2)  The director has the right to appeal actions by

16  the Executive Office of the Governor that affect amendments to

17  the division's approved operating budget or any personnel

18  actions pursuant to chapter 216 to the Administration

19  Commission, which shall decide such issue by majority vote.

20  The appropriations committees may advise the Administration

21  Commission on the issue. If the President of the Senate and

22  the Speaker of the House of Representatives object in writing

23  to the effects of the appeal, the appeal may be affirmed by

24  the affirmative vote of two-thirds of the commission members

25  present. The failure of the Executive Office of the Governor

26  to act on a request for action by the director within 21 days

27  after receiving a written request constitutes approval of the

28  request.

29         Section 39.  Subsection (3) of section 121.031, Florida

30  Statutes, is amended to read:

31         121.031  Administration of system; appropriation;

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  oaths; actuarial studies; public records.--

  2         (3)  The administrator shall cause an actuarial study

  3  of the system to be made at least once every 2 years and shall

  4  report the results of such study to the Legislature by

  5  February 1 prior to the next legislative session.

  6         (a)  The study shall, at a minimum, conform to the

  7  requirements of s. 112.63, with the following exceptions and

  8  additions:

  9         (a)1.  The valuation of plan assets shall be based on a

10  5-year averaging methodology such as that specified in the

11  United States Department of Treasury Regulations, 26 C.F.R. s.

12  1.412(c)(2)-1, or a similar accepted approach designed to

13  attenuate fluctuations in asset values.

14         (b)2.  The study shall include a narrative explaining

15  the changes in the covered group over the period between

16  actuarial valuations and the impact of those changes on

17  actuarial results.

18         (c)3.  When substantial changes in actuarial

19  assumptions have been made, the study shall reflect the

20  results of an actuarial assumption as of the current date

21  based on the assumptions utilized in the prior actuarial

22  report.

23         (d)4.  The study shall include an analysis of the

24  changes in actuarial valuation results by the factors

25  generating those changes.  Such analysis shall reconcile the

26  current actuarial valuation results with those results from

27  the prior valuation.

28         (e)5.  The study shall include measures of funding

29  status and funding progress designed to facilitate the

30  assessment of trends over several actuarial valuations with

31  respect to the overall solvency of the system. Such measures

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  shall be adopted by the division and shall be used

  2  consistently in all actuarial valuations performed on the

  3  system.

  4         (b)  The Florida Retirement System Actuarial Assumption

  5  Conference which is hereby created shall by consensus develop

  6  official information with respect to the economic and

  7  noneconomic assumptions and funding methods of the Florida

  8  Retirement System necessary to perform the study. Such

  9  information shall include: an analysis of the actuarial

10  assumptions and actuarial methods and a determination of

11  whether changes to the assumptions or methods need to be made

12  due to experience changes or revised future forecasts. The

13  members of the conference shall include the Executive Office

14  of the Governor, the coordinator of the Office of Economic and

15  Demographic Research, and professional staff of the Senate and

16  House of Representatives who have forecasting expertise, or

17  their designees.  The Executive Office of the Governor shall

18  have the responsibility of presiding over the sessions of the

19  conference.  The State Board of Administration and the

20  Division of Retirement shall be participants, as defined in s.

21  216.134, in the conference.

22         Section 40.  Subsection (2) of section 186.002, Florida

23  Statutes, is amended to read:

24         186.002  Findings and intent.--

25         (2)  It is the intent of the Legislature that:

26         (a)  The state planning process provide direction for

27  the delivery of governmental services, a means for defining

28  and achieving the specific goals and objectives of the state,

29  and a method for evaluating the accomplishment of those goals

30  and objectives.

31         (b)  The state comprehensive plan shall provide basic

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  policy direction to all levels of government regarding the

  2  orderly social, economic, and physical growth of the state.

  3         (c)  Long-range program State agency strategic plans

  4  shall be effectively coordinated to ensure the establishment

  5  of appropriate agency priorities and facilitate the orderly,

  6  positive management of agency activities consistent with the

  7  public interest.  It is also intended that the implementation

  8  of state and regional plans enhance the quality of life of the

  9  citizens of the state.

10         (d)  The state planning process shall be informed and

11  guided by the experience of public officials at all levels of

12  government.  In preparing any plans or proposed revisions or

13  amendments required by this chapter, the Governor shall

14  consider the experience of and information provided by local

15  governments in their evaluation and appraisal reports pursuant

16  to s. 163.3191.

17         (e)  All agencies and levels of government involved in

18  the integrated planning process shall provide sufficient

19  opportunities for meaningful public participation in the

20  preparation, implementation, evaluation, and revision of all

21  plans and programs.

22         Section 41.  Section 186.003, Florida Statutes, is

23  amended to read:

24         186.003  Definitions.--As used in ss. 186.001-186.031

25  and 186.801-186.901, the term:

26         (1)  "Executive Office of the Governor" means the

27  Office of Planning and Budgeting of the Executive Office of

28  the Governor.

29         (2)  "Goal" means the long-term end toward which

30  programs and activities are ultimately directed.

31         (3)  "Objective" means a specific, measurable,

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  intermediate end that is achievable and marks progress toward

  2  a goal.

  3         (4)  "Policy" means the way in which programs and

  4  activities are conducted to achieve an identified goal.

  5         (5)  "Regional planning agency" means the regional

  6  planning council created pursuant to ss. 186.501-186.515 to

  7  exercise responsibilities under ss. 186.001-186.031 and

  8  186.801-186.901 in a particular region of the state.

  9         (6)  "State agency" or "agency" means any official,

10  officer, commission, board, authority, council, committee, or

11  department of the executive branch of state government. For

12  purposes of this chapter, "state agency" or "agency" includes

13  state attorneys, public defenders, the Capital Collateral

14  Regional Counsels, the Justice Administrative Commission, and

15  the Public Service Commission. each executive department, the

16  Fish and Wildlife Conservation Commission, the Parole

17  Commission, and the Department of Military Affairs.

18         (7)  "State agency strategic plan" means the statement

19  of priority directions that an agency will take to carry out

20  its mission within the context of the state comprehensive plan

21  and within the context of any other statutory mandates and

22  authorizations given to the agency, pursuant to ss.

23  186.021-186.022.

24         (7)(8)  "State comprehensive plan" means the state

25  planning document required in s. 19, Art. III of the State

26  Constitution and published as ss. 187.101 and 187.201.

27         Section 42.  Section 186.021, Florida Statutes, is

28  amended to read:

29         186.021  Long-range program State agency strategic

30  plans.--Pursuant to s. 216.013, each state agency shall

31  develop a long-range program plan on an annual basis. The plan

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  shall provide the framework and context for designing and

  2  interpreting the agency budget request. The plan will be

  3  developed through careful examination and justification of

  4  agency functions and their associated costs. It shall be used

  5  by the agency to implement the state's goals and objectives.

  6  Indicators shall be developed to measure service and activity

  7  performance.

  8         (1)  A state agency strategic plan shall be a statement

  9  of the priority directions an agency will take to carry out

10  its mission within the context of the state comprehensive plan

11  and any other statutory mandates and authorizations given to

12  the agency. Each state agency strategic plan must identify

13  infrastructure needs, capital improvement needs, and

14  information resources management projects or initiatives that

15  involve more than one agency, that have an outcome that

16  impacts another agency, or that exceed $500,000 in total cost

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

18  continuation of hardware or software maintenance or software

19  licensing agreements, or that are for desktop replacement that

20  is similar to the technology currently in use. Each agency

21  strategic plan shall specify those objectives against which

22  will be judged the agency's achievement of its goals and the

23  goals of the state comprehensive plan. The state agency

24  strategic plan shall be consistent with and shall further the

25  goals of the state comprehensive plan.

26         (2)  A state agency strategic plan shall be developed

27  with a 5-year outlook and shall provide the strategic

28  framework within which an agency's legislative budget request

29  is developed.  An agency's budget shall be designed to further

30  the agency's strategic plan.

31         (3)  All amendments, revisions, or updates to a state

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  agency strategic plan shall be prepared in the same manner as

  2  the original and shall be prepared as needed because of

  3  changes in the state comprehensive plan or changes in the

  4  statutory authority and responsibility of the agency.

  5         (4)  The Department of Environmental Protection, with

  6  regard to the plan required by s. 373.036, and the state land

  7  planning agency, with regard to the plan defined in s.

  8  380.031(17), shall prepare revisions to such plans no later

  9  than 6 months after the adoption of revisions to the growth

10  management portion of the state comprehensive plan or by June

11  1 of each even-numbered year, whichever is later.

12         (5)  Notwithstanding the provisions of this section and

13  ss. 186.009 and 186.022, the short-range component of the

14  Florida Transportation Plan and annual performance report

15  developed pursuant to s. 339.155 shall serve as the state

16  agency strategic plan and annual performance report for the

17  Department of Transportation.

18         Section 43.  Section 186.022, Florida Statutes, is

19  amended to read:

20         186.022  Information resource State agency strategic

21  plans; preparation, form, and review.--

22         (1)  Beginning in 1992, 3 months prior to the annual

23  submission of its final agency legislative budget request

24  pursuant to s. 216.023(1), each state agency shall prepare and

25  submit its agency strategic plan to the Executive Office of

26  the Governor. Prior to the submission of its agency strategic

27  plan to the Governor, each agency shall hold public workshops

28  on the proposed agency strategic plan, and shall allow at

29  least a 21-day period for public comment.  At a minimum,

30  adequate public notice must be assured by publication of

31  notice of the hearing and comment period in the Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Administrative Weekly.  Public participation must be further

  2  encouraged through procedures and instructions.

  3         (2)  Each agency strategic plan must be in a form and

  4  manner prescribed in written instructions prepared by the

  5  Executive Office of the Governor after consultation with the

  6  President of the Senate and the Speaker of the House of

  7  Representatives.  Each agency strategic plan must identify the

  8  specific legislative authority necessary to implement the

  9  provisions of the plan.  An agency may only implement those

10  portions of its strategic plan that are consistent with

11  existing statutory or constitutional authority and for which

12  funding, if needed, is available consistent with the

13  provisions of chapter 216.  An agency's budget request

14  prescribed in s. 216.023(1) shall identify the financial

15  resources necessary to further the provisions of the agency's

16  strategic plan. Performance measures, as defined in s. 216.011

17  and proposed by the agency pursuant to s. 216.0166(1), must be

18  consistent with the objectives in the draft agency strategic

19  plan and shall represent 1-year implementation efforts

20  necessary to meet the 5-year agency strategic plan objectives.

21  State agency strategic plans shall be amended by the agency,

22  as necessary, to ensure consistency with the legislative

23  actions prior to the effective date of the agency strategic

24  plan.

25         (3)  The Executive Office of the Governor shall review

26  the state agency strategic plans to ensure that they are

27  consistent with the state comprehensive plan and other

28  requirements as specified in the written instructions. In its

29  review, the Executive Office of the Governor shall consider

30  all comments received in formulating required revisions. This

31  shall include:

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (a)  The findings of the Technology Review Workgroup as

  2  to the consistency of the information resources management

  3  portion of agency strategic plans with the State Annual Report

  4  on Information Resources Management and statewide policies

  5  recommended by the State Technology Council; and 

  6         (b)  The findings and recommendations of the Criminal

  7  and Juvenile Justice Information Systems Council's review with

  8  respect to public safety system strategic information

  9  resources management issues.

10

11  Within 60 days, reviewed plans shall be returned to the

12  agency, together with any required revisions. However, any

13  required revisions relating to information resources

14  management needs identified in the agency strategic plans are

15  subject to the notice and review procedures set forth in s.

16  216.177 and must be approved by the Administration Commission

17  for the executive branch and the Chief Justice for the

18  judicial branch.

19         (4)  The state agency shall, within 30 days of the

20  return of its state agency strategic plan, incorporate all

21  revisions required by the Governor, or shall petition the

22  Administration Commission to resolve any disputes regarding

23  the consistency of the state agency strategic plan or the

24  revisions recommended by the Governor with the state

25  comprehensive plan or the written instructions.  The

26  Administration Commission shall resolve any disputes within 60

27  days of the petition.

28         (5)  Any differences between state agencies regarding

29  the programs, policies, or strategic plans of such agencies

30  shall be mediated by the Executive Office of the Governor.

31         (6)  Each agency shall transmit copies of its strategic

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  plan and all written comments on its plan to the President of

  2  the Senate and the Speaker of the House of Representatives not

  3  later than 30 days prior to the next regular session of the

  4  Legislature.

  5         (7)  Agency strategic plans developed pursuant to this

  6  chapter are not rules and therefore are not subject to the

  7  provisions of chapter 120.

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

  9  year an annual performance report to the Executive Office of

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

11  Speaker of the House of Representatives, the Auditor General,

12  and the Office of Program Policy Analysis and Government

13  Accountability. The purpose of this report is to evaluate the

14  attainment of the agency objectives in the agency strategic

15  plan and the performance measures approved by the Legislature

16  pursuant to s. 216.0166(3) and established in the General

17  Appropriations Act or implementing legislation for the General

18  Appropriations Act for the previous fiscal year. In addition,

19  each state agency must include a one-page summary of all

20  moneys that were expended or encumbered by the agency, or for

21  which the agency was otherwise responsible, during the

22  preceding fiscal year and an estimate of such moneys projected

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

24  expenditures and estimates of such expenditures must be

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

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

27  for those agencies and programs operating under

28  performance-based program budgeting and for major services and

29  products for those agencies and programs operating under

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  be expended by each agency and must include expenditures or

  2  projected expenditures of state funds by subordinate

  3  governmental entities and contractors, as applicable. Moneys

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

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

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

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

  8  session immediately following the submission of the agency

  9  performance report, the Legislature shall reduce in the

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

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

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

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

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

15  manner prescribed by the instructions prepared pursuant to

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

17         (9)  By June March 1 of each year, the Geographic

18  Information Board, the Financial Management Information Board,

19  the Criminal and Juvenile Justice Information Systems Council,

20  and the Health Information Systems Council shall each develop

21  and submit an information resource a strategic plan to the

22  Executive Office of the Governor in a form and manner

23  prescribed in written instructions prepared by the Executive

24  Office of the Governor in consultation with the legislative

25  appropriation committees. The Executive Office of the Governor

26  shall review the strategic plan and may provide comments

27  within 30 days. In its review, the Executive Office of the

28  Governor shall consider all comments and findings of the

29  Technology Review Workgroup as to whether the plan is

30  consistent with the State Annual Report on Information

31  Resources Management and statewide policies recommended by the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  State Technology Council. If revisions are required, boards

  2  and councils have 30 days to incorporate those revisions and

  3  return the plan to the Executive Office of the Governor.

  4  following the general statutory requirements that are

  5  applicable to agencies pursuant to s. 186.021(1), (2), and

  6  (3).  The strategic plan shall be subject to the requirements,

  7  and the review and approval processes, set forth in

  8  subsections (2) through (8), with the following exceptions:

  9         (a)  The Executive Office of the Governor, after

10  consultation with the President of the Senate and the Speaker

11  of the House of Representatives, may prescribe a specific

12  format and content for the strategic plans of coordinating

13  boards and councils.

14         (b)  The time periods for review and return of any

15  required strategic plan revisions, incorporation of such

16  revisions by the boards or councils, and resolution of

17  disputes shall be established by the Executive Office of the

18  Governor, after consultation with the President of the Senate

19  and the Speaker of the House of Representatives.

20         Section 44.  Subsection (1) of section 186.901, Florida

21  Statutes, is amended to read:

22         186.901  Population census determination.--

23         (1)  The Office of Economic and Demographic Research

24  shall annually provide to the Executive Office of the

25  Governor, either through its own resources or by contract,

26  shall produce population estimates of local governmental units

27  as of April 1 of each year, utilizing accepted statistical

28  practices. The population of local governments provided by the

29  Office of Economic and Demographic Research, as determined by

30  the Executive Office of the Governor, shall apply to any

31  revenue-sharing formula with local governments under the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  provisions of ss. 218.20-218.26, part II of chapter 218. The

  2  Office of Economic and Demographic Research shall additionally

  3  provide the Executive Office of the Governor population

  4  estimates for municipal annexations or consolidations

  5  occurring during the period April 1 through February 28, and

  6  the Executive Office of the Governor shall determine the

  7  population count of the annexed areas as of April 1 and

  8  include these estimates such in its certification to the

  9  Department of Revenue for the annual revenue-sharing

10  calculation.

11         Section 45.  Section 215.18, Florida Statutes, is

12  amended to read:

13         215.18  Transfers between funds; limitation.--Whenever

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

15  deficiency which would render such fund insufficient to meet

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

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

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

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

20  Administration Commission, with the concurrence of the

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

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

23  particular fund without resorting to the necessity of

24  borrowing money and paying interest thereon. The fund from

25  which any money is temporarily transferred shall be repaid the

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

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

28  repayment to be specified in the order of the Governor

29  Administration Commission.

30         Section 46.  Subsection (1) of section 215.22, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         215.22  Certain income and certain trust funds

  2  exempt.--

  3         (1)  The following income of a revenue nature or the

  4  following trust funds shall be exempt from the deduction

  5  required by s. 215.20(1):

  6         (a)  Student financial aid or prepaid tuition receipts.

  7         (b)  Trust funds administered by the Department of the

  8  Lottery.

  9         (c)  Departmental administrative assessments for

10  administrative divisions.

11         (d)  Funds charged by a state agency for services

12  provided to another state agency, by a state agency for

13  services provided to the judicial branch, or by the judicial

14  branch for services provided to a state agency.

15         (e)  State, agency, or political subdivision

16  investments by the Treasurer.

17         (f)  Retirement or employee benefit funds.

18         (g)  Self-insurance programs administered by the

19  Treasurer.

20         (h)  Funds held for the payment of citrus canker

21  eradication and compensation.

22         (i)  Medicaid, Medicare, or third-party receipts for

23  client custodial care.

24         (j)  Bond proceeds or revenues dedicated for bond

25  repayment, except for the Documentary Stamp Clearing Trust

26  Fund administered by the Department of Revenue.

27         (k)  Trust funds administered by the Department of

28  Education.

29         (l)  Trust funds administered by the Department of

30  Transportation.

31         (m)  Trust funds administered by the Department of

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Agriculture and Consumer Services.

  2         (n)  The Motor Vehicle License Clearing Trust Fund.

  3         (o)  The Solid Waste Management Trust Fund.

  4         (p)  The Coconut Grove Playhouse Trust Fund.

  5         (q)  The Communications Working Capital Trust Fund of

  6  the Department of Management Services.

  7         (r)  The Camp Blanding Management Trust Fund.

  8         (s)  The Indigent Criminal Defense Trust Fund.

  9         (t)  That portion of the Highway Safety Operating Trust

10  Fund funded by the motorcycle safety education fee collected

11  pursuant to s. 320.08(1)(d).

12         (u)  The Save the Manatee Trust Fund.

13         (v)  Tobacco Settlement Trust Funds administered by any

14  agency.

15         Section 47.  Paragraph (b) of subsection (2) of section

16  215.32, Florida Statutes, is amended to read:

17         215.32  State funds; segregation.--

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

19  as follows:

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

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

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

23  or branch of state government receiving or collecting such

24  moneys shall be responsible for their proper expenditure as

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

26  branch of state government responsible for the administration

27  of the trust fund, the Comptroller may establish accounts

28  within the trust fund at a level considered necessary for

29  proper accountability. Once an account is established within a

30  trust fund, the Comptroller may authorize payment from that

31  account only upon determining that there is sufficient cash

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  and releases at the level of the account.

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

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

  4  branch may consolidate, if permitted under the terms and

  5  conditions of their receipt, the trust funds administered by

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

  7  effectively a uniform system of accounts sufficient to

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

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

10  Governor Administration Commission or the Chief Justice.

11         3.  All such moneys are hereby appropriated to be

12  expended in accordance with the law or trust agreement under

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

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

15  applicable laws relating to the deposit or expenditure of

16  moneys in the State Treasury.

17         4.a.  Notwithstanding any provision of law restricting

18  the use of trust funds to specific purposes, unappropriated

19  cash balances from selected trust funds may be authorized by

20  the Legislature for transfer to the Budget Stabilization Fund

21  and Working Capital Fund in the General Appropriations Act.

22         b.  This subparagraph does not apply to trust funds

23  required by federal programs or mandates; trust funds

24  established for bond covenants, indentures, or resolutions

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

26  to meet debt service or other financial requirements of any

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

28  Transportation Trust Fund; the trust fund containing the net

29  annual proceeds from the Florida Education Lotteries; the

30  Florida Retirement Trust Fund; trust funds under the

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

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





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

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

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

  4  the Comptroller or state agencies; trust funds that account

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

  6  or fiduciary for individuals, private organizations, or other

  7  governmental units; and other trust funds authorized by the

  8  State Constitution.

  9         Section 48.  Section 215.3208, Florida Statutes, is

10  amended to read:

11         215.3208  Trust funds; schedule for termination;

12  legislative review.--

13         (1)  Except for those trust funds exempt from automatic

14  termination pursuant to the provisions of s. 19(f)(3), Art.

15  III of the State Constitution, trust funds administered by the

16  following entities shall be reviewed and may be terminated or

17  re-created by the Legislature, as appropriate, during the

18  regular session of the Legislature in the year indicated:

19         (a)  In 1994:

20         1.  Department of Corrections.

21         2.  Department of Highway Safety and Motor Vehicles.

22         3.  Department of Law Enforcement.

23         4.  Department of Legal Affairs.

24         5.  Department of the Lottery.

25         6.  Department of Management Services.

26         7.  Department of Military Affairs.

27         8.  Department of Transportation.

28         9.  Game and Fresh Water Fish Commission.

29         10.  Judicial branch.

30         11.  Justice Administrative Commission.

31         12.  Parole Commission.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (b)  In 1995:

  2         1.  Department of Agriculture and Consumer Services.

  3         2.  Department of Banking and Finance.

  4         3.  Department of Citrus.

  5         4.  Department of Education.

  6         5.  Department of Environmental Protection.

  7         6.  Department of Revenue.

  8         7.  Executive Office of the Governor.

  9         8.  Florida Public Service Commission.

10         (c)  In 1996:

11         1.  Agency for Health Care Administration.

12         2.  Commission on Ethics.

13         3.  Department of Business and Professional Regulation.

14         4.  Department of Children and Family Services.

15         5.  Department of Commerce.

16         6.  Department of Community Affairs.

17         7.  Department of Elderly Affairs.

18         8.  Department of Health.

19         9.  Department of Insurance.

20         10.  Department of Juvenile Justice.

21         11.  Department of Labor and Employment Security.

22         12.  Department of State.

23         13.  Department of Veterans' Affairs.

24         14.  Legislative branch.

25         (2)  All other trust funds not administered by the

26  entities listed in subsection (1) and not exempt from

27  automatic termination pursuant to the provisions of s.

28  19(f)(3), Art. III of the State Constitution shall be reviewed

29  and may be terminated or re-created by the Legislature, as

30  appropriate, during the 1996 Regular Session of the

31  Legislature.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (1)(3)  In order to implement s. 19(f), Art. III of the

  2  State Constitution For the purposes of this section, the

  3  Legislature shall review all state trust funds at least once

  4  every 4 years. The schedule for such review may be included in

  5  the legislative budget instructions developed pursuant to the

  6  requirements of s. 216.023. The Legislature shall review the

  7  trust funds as they are identified by a unique 6-digit code in

  8  the Florida Accounting Information Resource Subsystem at a

  9  level composed of the 2-digit organization level 1, the

10  1-digit state fund type 2, and the first three digits of the

11  fund identifier. When a statutorily created trust fund that

12  was in existence on November 4, 1992, has more than one

13  6-digit code, the Legislature may treat it as a single trust

14  fund for the purposes of this section. The Legislature may

15  also conduct its review concerning accounts within such trust

16  funds.

17         (2)(4)(a)  When the Legislature terminates a trust

18  fund, the agency or branch of state government that

19  administers the trust fund shall pay any outstanding debts or

20  obligations of the trust fund as soon as practicable, and the

21  Comptroller shall close out and remove the trust fund from the

22  various state accounting systems, using generally accepted

23  accounting principles concerning assets, liabilities, and

24  warrants outstanding.

25         (b)  If the Legislature determines to terminate a trust

26  fund, it may provide for the distribution of moneys in that

27  trust fund. If such a distribution is not provided, the moneys

28  remaining after all outstanding obligations of the trust fund

29  are met shall be deposited in the General Revenue Fund.

30         Section 49.  Paragraph (f) of subsection (3) of section

31  240.209, Florida Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         240.209  Board of Regents; powers and duties.--

  2         (3)  The board shall:

  3         (f)  Establish and maintain systemwide personnel

  4  programs for all State University System employees, including

  5  a systemwide personnel classification and pay plan,

  6  notwithstanding provisions of law that grant authority to the

  7  Department of Management Services over such programs for state

  8  employees.  The board shall consult with the legislative

  9  appropriations committees regarding any major policy changes

10  related to classification and pay which are in conflict with

11  those policies in effect for career service employees with

12  similar job classifications and responsibilities. The board

13  may adopt rules delegating its authority to the Chancellor or

14  the universities. The board shall submit, in a manner

15  prescribed by law, any reports concerning State University

16  System personnel programs as shall be required of the

17  Department of Management Services for other state employees.

18  The Department of Management Services shall retain authority

19  over State University System employees for programs

20  established in ss. 110.116, 110.123, 110.1232, 110.1234,

21  110.1235, and 110.1238 and in chapters 121, 122, and 238.  The

22  board shall adopt only those rules necessary to provide for a

23  coordinated, efficient systemwide program and shall delegate

24  to the universities all authority necessary for implementation

25  of the program consistent with these coordinating rules so

26  adopted and applicable collective bargaining agreements.

27  Notwithstanding the provisions of s. 216.181(7), The salary

28  rate controls for positions in budgets under the Board of

29  Regents shall separately delineate the general faculty and all

30  other categories.

31         Section 50.  Section 240.20941, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  amended to read:

  2         240.20941  Vacant faculty positions.--Notwithstanding

  3  the provisions of s. 216.181(8) and (9) s. 216.181(7), (8),

  4  and (9), and pursuant to the provisions of s. 216.351, actions

  5  to reduce positions, rate, or salaries and benefits, excluding

  6  salary lapse calculations, taken by the Legislature or, by the

  7  Executive Office of the Governor, or by the Administration

  8  Commission which relate specifically to vacant positions, and

  9  which are applied on a uniform basis to all state employee

10  positions, may affect the positions within the faculty pay

11  plan approved and administered by the Board of Regents only to

12  the extent that they do so by express reference to this

13  section.

14         Section 51.  Subsection (1) of section 240.279, Florida

15  Statutes, is amended to read:

16         240.279  Working capital trust funds established.--

17         (1)  The Board of Regents, with the approval of the

18  Legislative Budget Administration Commission, is hereby

19  authorized to establish in the State Treasury a working

20  capital trust fund for each of the individual institutions in

21  the university system for the purpose of providing central

22  financing and cost controls for certain general services

23  necessary to the operation of all departments of the

24  respective universities, including the auxiliary enterprises.

25         Section 52.  Subsection (2) of section 252.37, Florida

26  Statutes, is amended to read:

27         252.37  Financing.--

28         (2)  It is the legislative intent that the first

29  recourse be made to funds regularly appropriated to state and

30  local agencies.  If the Governor finds that the demands placed

31  upon these funds in coping with a particular disaster declared

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  by the Governor as a state of emergency are unreasonably

  2  great, she or he may make funds available by transferring and

  3  expending moneys appropriated for other purposes, by

  4  transferring and expending moneys out of any unappropriated

  5  surplus funds, or from the Budget Stabilization Fund or

  6  Working Capital Fund.  Following the expiration or termination

  7  of the state of emergency, the Governor may process a budget

  8  amendment under the notice and review procedures set forth in

  9  s. 216.177 to transfer moneys to satisfy the budget authority

10  granted for such emergency.

11         Section 53.  Section 288.7091, Florida Statutes, is

12  amended to read:

13         288.7091  Duties of the Florida Black Business

14  Investment Board.--The Florida Black Business Investment Board

15  shall:

16         (1)  Establish certification criteria for black

17  business investment corporations. Certification criteria shall

18  include administrative capacity, fiduciary controls, and, in

19  the case of existing black business investment corporations,

20  solvency and soundness of prior loan decisions;

21         (2)  Develop a memorandum of understanding with

22  Enterprise Florida, Inc., that outlines a strategy for

23  collaboration with the programs and boards of Enterprise

24  Florida, Inc.;

25         (3)  Include in the criteria for loan decisions,

26  occupational forecasting results set forth in s. 216.136(9) s.

27  216.136(10) which target high growth jobs;

28         (4)  Establish, in communities that are not currently

29  served by an existing black business investment corporation,

30  memoranda of understanding with local financial institutions

31  that will provide loan guarantees for loans to black business

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  enterprises;

  2         (5)  Develop memoranda of understanding with the

  3  Departments of Labor and Employment Security, Education,

  4  Transportation, and Management Services, as well as the State

  5  Board of Regents, detailing efforts of common interest and

  6  collaborations to expand black business development;

  7         (6)  Intensify efforts to increase the number of the

  8  black business enterprises in construction and

  9  construction-related projects, focusing on federal, state, and

10  local government financed construction projects; and

11         (7)  Annually, prepare a report detailing the

12  performance of each black business investment corporation,

13  addressing the number of jobs created and/or retained, success

14  and failure rates among loan recipients, and the amount of

15  funds leveraged from other sources.

16         Section 54.  Paragraph (b) of subsection (5) of section

17  320.20, Florida Statutes, is amended to read:

18         320.20  Disposition of license tax moneys.--The revenue

19  derived from the registration of motor vehicles, including any

20  delinquent fees and excluding those revenues collected and

21  distributed under the provisions of s. 320.081, must be

22  distributed monthly, as collected, as follows:

23         (5)

24         (b)  The State Comptroller each month shall deposit in

25  the State Transportation Trust Fund an amount, drawn from

26  other funds in the State Treasury which are not immediately

27  needed or are otherwise in excess of the amount necessary to

28  meet the requirements of the State Treasury, which when added

29  to such remaining revenues each month will equal one-twelfth

30  of the amount of the anticipated annual revenues to be

31  deposited in the State Transportation Trust Fund under

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  paragraph (a) as estimated by the most recent revenue

  2  estimating conference held pursuant to s. 216.136(3).  The

  3  transfers required hereunder may be suspended by action of the

  4  Legislative Budget Administration Commission in the event of a

  5  significant shortfall of state revenues.

  6         Section 55.  Section 337.023, Florida Statutes, is

  7  amended to read:

  8         337.023  Sale of building; acceptance of replacement

  9  building.--Notwithstanding the provisions of s. 216.292(4)(b)

10  s. 216.292(5)(b), if the department sells a building, the

11  department may accept the construction of a replacement

12  building, in response to a request for proposals, totally or

13  partially in lieu of cash, and may do so without a specific

14  legislative appropriation.  Such action is subject to the

15  approval of the Executive Office of the Governor, and is

16  subject to the notice, review, and objection procedures under

17  s. 216.177.  The replacement building shall be consistent with

18  the current and projected needs of the department as agreed

19  upon by the department and the Department of Management

20  Services.

21         Section 56.  Paragraph (a) of subsection (2) of section

22  339.135, Florida Statutes, is amended to read:

23         339.135  Work program; legislative budget request;

24  definitions; preparation, adoption, execution, and

25  amendment.--

26         (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND

27  REQUEST FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--

28         (a)  The department shall file the legislative budget

29  request in the manner required by chapter 216, setting forth

30  the department's proposed revenues and expenditures for

31  operational and fixed capital outlay needs to accomplish the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  objectives of the department in the ensuing fiscal year.  The

  2  right-of-way, construction, preliminary engineering,

  3  maintenance, and all grants and aids programs of the

  4  department shall be set forth only in program totals.  The

  5  legislative budget request must include a balanced 36-month

  6  forecast of cash and expenditures and a 5-year finance plan.

  7  The legislative budget request shall be amended to conform to

  8  the tentative work program. The department may amend its

  9  legislative budget request and the tentative work program

10  based on the most recent revenue estimate by the

11  Transportation estimating conference estimate of revenues and

12  the most recent federal aid apportionments.

13         Section 57.  Subsection (3) of section 392.69, Florida

14  Statutes, is amended to read:

15         392.69  Appropriation, sinking, and maintenance trust

16  funds; additional powers of the department.--

17         (3)  In the execution of its public health program

18  functions, notwithstanding s. 216.292(4)(b) s. 216.292(5)(b),

19  the department is hereby authorized to use any sums of money

20  which it may heretofore have saved or which it may hereafter

21  save from its regular operating appropriation, or use any sums

22  of money acquired by gift or grant, or any sums of money it

23  may acquire by the issuance of revenue certificates of the

24  hospital to match or supplement any state or federal funds, or

25  any moneys received by said department by gift or otherwise,

26  for the construction or maintenance of additional facilities

27  or improvement to existing facilities, as the department deems

28  necessary.

29         Section 58.  Section 216.3491, Florida Statutes, is

30  transferred, renumbered as section 215.97, Florida Statutes,

31  and amended to read:

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         215.97 216.3491  Florida Single Audit Act.--

  2         (1)  The purposes of the section are to:

  3         (a)  Establish uniform state audit requirements for

  4  state financial assistance provided by state agencies to

  5  nonstate entities to carry out state projects.

  6         (b)  Promote sound financial management, including

  7  effective internal controls, with respect to state financial

  8  assistance administered by nonstate entities.

  9         (c)  Promote audit economy and efficiency by relying to

10  the extent possible on already required audits of federal

11  financial assistance provided to nonstate entities.

12         (d)  Provide for identification of state financial

13  assistance transactions in the appropriations act, state

14  accounting records, and recipient organization records.

15         (e)  Promote improved coordination and cooperation

16  within and between affected state agencies providing making

17  state financial assistance awards and nonstate entities

18  receiving state assistance awards.

19         (f)  Ensure, to the maximum extent possible, that state

20  agencies monitor, use, and followup on audits of state

21  financial assistance provided to nonstate entities.

22         (2)  Definitions; as used in this section, the term:

23         (a)  "Audit threshold" means the amount to use in

24  determining when a state single audit of a nonstate entity

25  shall be conducted in accordance with this section. Each

26  nonstate entity that expends a total amount of state financial

27  assistance awards equal to or in excess of $300,000 in any

28  fiscal year of such nonstate entity shall be required to have

29  a state single audit for such fiscal year in accordance with

30  the requirements of this section. Every 2 years the Auditor

31  General, after consulting with the Executive Office of the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Governor, the Comptroller, and all state agencies that provide

  2  state financial assistance to nonstate entities, shall review

  3  the amount for requiring audits under this section and may

  4  adjust such dollar amount consistent with the purpose of this

  5  section.

  6         (b)  "Auditing standards" means the auditing standards

  7  as stated in the rules of the Auditor General as applicable to

  8  for-profit organizations, nonprofit organizations, or local

  9  governmental entities.

10         (c)  "Catalog of State Financial Assistance" means a

11  comprehensive listing of all major state projects and other

12  state projects. The Catalog of State Financial Assistance

13  shall be issued by the Executive Office of the Governor after

14  conferring with the Comptroller and all state agencies that

15  provide state financial assistance to nonstate entities. The

16  Catalog of State Financial Assistance shall include for each

17  listed state project: the responsible state agency; standard

18  state project number identifier; official title; legal

19  authorization; and description of the state project, including

20  objectives, restrictions, application and awarding procedures,

21  and other relevant information determined necessary.

22         (d)  "Financial reporting package" means the nonstate

23  entities' financial statements, Schedule of State Financial

24  Assistance, auditor's reports, management letter, auditee's

25  written responses or corrective action plan, correspondence on

26  followup of prior years' corrective actions taken, and such

27  other information determined by the Auditor General to be

28  necessary and consistent with the purposes of this section.

29         (e)  "Federal financial assistance" means financial

30  assistance from federal sources passed through the state and

31  provided to nonstate entities to carry out a federal program.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  "Federal financial assistance" includes all types of federal

  2  assistance as defined in applicable United States Office of

  3  Management and Budget circulars.

  4         (f)  "For-profit organization" means any organization

  5  or sole proprietor individual that received a state award but

  6  is not a local governmental entity or a nonprofit

  7  organization.

  8         (g)  "Independent auditor" means an external state or

  9  local government auditor or a certified public accountant who

10  meets the independence standards.

11         (h)  "Internal control over state projects" means a

12  process, effected by an entity's management and other

13  personnel, designed to provide reasonable assurance regarding

14  the achievement of objectives in the following categories:

15         1.  Effectiveness and efficiency of operations.

16         2.  Reliability of financial operations.

17         3.  Compliance with applicable laws and regulations.

18         (i)  "Local governmental entity" means a county agency,

19  municipality, or special district or any other entity (other

20  than a district school board or community college), however

21  styled, which independently exercises any type of governmental

22  function.

23         (j)  "Major state project" means any state project

24  meeting the criteria as stated in the rules of the Executive

25  Office of the Governor. Such criteria shall be established

26  after consultation with the Comptroller and appropriate state

27  agencies that provide make state financial assistance awards

28  and shall consider the amount of state project expenditures or

29  expenses or inherent risks. Each major state project shall be

30  audited in accordance with the requirements of this section.

31         (k)  "Nonprofit organization" means any corporation,

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  trust, association, cooperative, or other organization that:

  2         1.  Is operated primarily for scientific, educational

  3  service, charitable, or similar purpose in the public

  4  interest;

  5         2.  Is not organized primarily for profit;

  6         3.  Uses net proceeds to maintain, improve, or expand

  7  the operations of the organization; and

  8         4.  Has no part of its income or profit distributable

  9  to its members, directors, or officers.

10         (l)  "Nonstate entity" means a local governmental

11  entity, nonprofit organization, or for-profit organization

12  that receives a state resources award.

13         (m)  "Recipient" means a nonstate entity that receives

14  a state financial assistance award directly from a state

15  awarding agency.

16         (n)  "Schedule of State Financial Assistance" means a

17  document prepared in accordance with the rules of the

18  Comptroller and included in each financial reporting package

19  required by this section.

20         (o)  "State award" means state financial assistance

21  provided to a nonstate entity to carry out a state project.

22         (o)(p)  "State awarding agency" means the state agency

23  that provided state financial assistance to the nonstate

24  entity for purposes of carrying out a state project.

25         (p)(q)  "State financial assistance" means financial

26  assistance from state resources, not including federal

27  financial assistance and state matching, provided to nonstate

28  entities to carry out a state project. "State financial

29  assistance" includes all types of state assistance as stated

30  in the rules of the Executive Office of the Governor

31  established in consultation with the Comptroller and

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  appropriate state agencies that provide state financial

  2  assistance make state awards. It includes state financial

  3  assistance provided awards made directly by state awarding

  4  agencies or indirectly by recipients of state awards or

  5  subrecipients. It does not include procurement contracts,

  6  under state awards, used to buy goods or services from

  7  vendors. Audits of such procurement contracts with vendors are

  8  outside of the scope of this section. Also, audits of

  9  contracts to operate state-government-owned and

10  contractor-operated facilities are excluded from the audit

11  requirements of this section.

12         (q)(r)  "State matching" means state resources awards

13  provided to nonstate entities to be used to meet federal

14  financial participation matching requirements of federal

15  programs.

16         (r)(s)  "State project" means all state financial

17  assistance awards to a nonstate entity assigned a single state

18  project number identifier in the Catalog of State Financial

19  Assistance.

20         (s)(t)  "State Projects Compliance Supplement" means a

21  document issued by the Executive Office of the Governor, in

22  consultation with the Comptroller and all state agencies that

23  provide state financial assistance make state awards. The

24  State Projects Compliance Supplement shall identify each major

25  state project and other state projects, the significant

26  compliance requirements, eligibility requirements, matching

27  requirements, suggested audit procedures, and other relevant

28  information determined necessary.

29         (t)(u)  "State project-specific audit" means an audit

30  of one state project performed in accordance with the

31  requirements of subsection (9) this section.

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         (u)(v)  "State single audit" means an audit of a

  2  nonstate entity's financial statements and state financial

  3  assistance awards. Such audits shall be conducted in

  4  accordance with the auditing standards as stated in the rules

  5  of the Auditor General.

  6         (v)(w)  "Subrecipient" means a nonstate entity that

  7  receives a state financial assistance award through another

  8  nonstate entity, but does not include an individual who

  9  receives state financial assistance through such state awards.

10         (w)(x)  "Vendor" means a dealer, distributor, merchant,

11  or other seller providing goods or services that are required

12  for the conduct of a state project. These goods or services

13  may be for an organization's own use or for the use of

14  beneficiaries of the state project.

15         (3)  The Executive Office of the Governor shall:

16         (a)  Upon conferring with the Comptroller and all state

17  awarding agencies that make state awards, adopt rules

18  necessary to provide appropriate guidance to state awarding

19  agencies, recipients and subrecipients, and independent

20  auditors of state financial assistance relating to the

21  requirements of this section, including:

22         1.  The types or classes of financial assistance

23  considered to be state financial assistance which would be

24  subject to the requirements of this section. This would

25  include guidance to assist in identifying when the state

26  agency or recipient has contracted with a vendor rather than

27  with a recipient or subrecipient.

28         2.  The criteria for identifying a major state project.

29         3.  The criteria for selecting state projects for

30  audits based on inherent risk.

31         (b)  Be responsible for coordinating the initial

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  preparation and subsequent revisions of the Catalog of State

  2  Financial Assistance after consultation with the Comptroller

  3  and all state awarding agencies that award state financial

  4  assistance to nonstate entities.

  5         (c)  Be responsible for coordinating the initial

  6  preparation and subsequent revisions of the State Projects

  7  Compliance Supplement, after consultation with the Comptroller

  8  and all state awarding agencies that award state financial

  9  assistance to nonstate entities.

10         (4)  The Comptroller shall:

11         (a)  Make enhancements to the state's accounting system

12  to provide for the:

13         1.  Recording of state financial assistance and federal

14  financial assistance appropriations and expenditures as

15  separate categories within the state awarding agencies'

16  operating funds.

17         2.  Recording of state project number identifiers, as

18  provided in the Catalog of State Financial Assistance, for

19  state financial assistance awards.

20         3.  Establishment and recording of an identification

21  code for each financial transaction, including state agencies'

22  disbursements awards of state financial assistance and federal

23  financial assistance, as to the corresponding type or

24  organization that is party to the transaction (e.g., other

25  governmental agencies, nonprofit organizations, and for-profit

26  organizations), and disbursements of federal financial

27  assistance, as to whether the party to the transaction is or

28  is not a recipient or subrecipient.

29         (b)  Upon conferring with the Executive Office of the

30  Governor and all state awarding agencies that make state

31  awards, adopt rules necessary to provide appropriate guidance

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  to state awarding agencies, recipients and subrecipients, and

  2  independent auditors of state financial assistance relating to

  3  the format for the Schedule of State Financial Assistance.

  4         (c)  Perform any inspections, reviews, investigations,

  5  or audits of state financial assistance considered necessary

  6  in carrying out the Comptroller's legal responsibilities for

  7  state financial assistance or to comply with the requirements

  8  of this section.

  9         (5)  Each state awarding agency that makes state awards

10  shall:

11         (a)  Provide for each state award to a recipient

12  information needed by the recipient to comply with the

13  requirements of this section, including:

14         1.  The audit and accountability requirements for state

15  projects as stated in this section and applicable rules of the

16  Executive Office of the Governor, rules of the Comptroller,

17  and rules of the Auditor General.

18         2.  Information from the Catalog of State Financial

19  Assistance, including the standard state project number

20  identifier; official title; legal authorization; and

21  description of the state project including objectives,

22  restrictions, and other relevant information determined

23  necessary.

24         3.  Information from the State Projects Compliance

25  Supplement, including the significant compliance requirements,

26  eligibility requirements, matching requirements, suggested

27  audit procedures, and other relevant information determined

28  necessary.

29         (b)  Require the recipient, as a condition of receiving

30  state financial assistance, to allow the state awarding

31  agency, the Comptroller, and the Auditor General access to the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  recipient's records and the recipient's independent auditor's

  2  working papers as necessary for complying with the

  3  requirements of this section.

  4         (c)  Notify the recipient that this section does not

  5  limit the authority of the state awarding agency to conduct or

  6  arrange for the conduct of additional audits or evaluations of

  7  state financial assistance or limit the authority of any state

  8  agency inspector general, the Auditor General, or any other

  9  state official.

10         (d)  Be provided one copy of each financial reporting

11  package prepared in accordance with the requirement of this

12  section.

13         (e)  Review the recipient financial reporting package,

14  including the management letters and corrective action plans,

15  to the extent necessary to determine whether timely and

16  appropriate corrective action has been taken with respect to

17  audit findings and recommendations pertaining to state

18  financial assistance provided awards made by the state agency.

19         (6)  As a condition of receiving state financial

20  assistance, each recipient that provides state financial

21  assistance to a subrecipient shall:

22         (a)  Provide for each state award to a subrecipient

23  information needed by the subrecipient to comply with the

24  requirements of this section, including:

25         1.  Identification of the state awarding agency.

26         2.  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         3.  Information from the Catalog of State Financial

31  Assistance, including the standard state project number

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  identifier; official title; legal authorization; and

  2  description of the state project, including objectives,

  3  restrictions, and other relevant information.

  4         4.  Information from the State Projects Compliance

  5  Supplement including the significant compliance requirements,

  6  eligibility requirements, matching requirements, and suggested

  7  audit procedures, and other relevant information determined

  8  necessary.

  9         (b)  Review the subrecipient audit reports, including

10  the management letters, to the extent necessary to determine

11  whether timely and appropriate corrective action has been

12  taken with respect to audit findings and recommendations

13  pertaining to state financial assistance provided awards made

14  by the state agency.

15         (c)  Perform such other procedures as specified in

16  terms and conditions of the written agreement with the state

17  awarding agency including any required monitoring of the

18  subrecipient's use of state financial assistance through

19  onsite visits, limited scope audits, or other specified

20  procedures.

21         (d)  Require subrecipients, as a condition of receiving

22  state financial assistance, to permit the independent auditor

23  of the recipient, the state awarding agency, the Comptroller,

24  and the Auditor General access to the subrecipient's records

25  and the subrecipient's independent auditor's working papers as

26  necessary to comply with the requirements of this section.

27         (7)  Each recipient or subrecipient of state financial

28  assistance shall comply obtain an audit that complies with the

29  following:

30         (a)  Each nonstate entity that receives state financial

31  assistance awards and meets audit threshold requirements, in

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  any fiscal year of the nonstate entity, as stated in the rules

  2  of the Auditor General, shall have a state single audit

  3  conducted for such fiscal year in accordance with the

  4  requirements of this act and with additional requirements

  5  established in rules of the Executive Office of the Governor,

  6  rules of the Comptroller, and rules of the Auditor General. If

  7  only one state project is involved in a nonstate entity's

  8  fiscal year, the nonstate entity may elect to have require

  9  only a state project-specific compliance audit of the state

10  project for that fiscal year.

11         (b)  Each nonstate entity that receives state financial

12  assistance awards and does not meet the threshold

13  requirements, in any fiscal year of the nonstate entity, as

14  stated in this law or the rules of the Auditor General is

15  exempt for such fiscal year from the state single audit

16  requirements of this section. However, such nonstate entity

17  must meet terms and conditions specified in the written

18  agreement with the state awarding agency.

19         (c)  Regardless of the amount of the state financial

20  assistance award, the provisions of this section do not exempt

21  a nonstate entity from compliance with provisions of law

22  relating to maintaining records concerning state financial

23  assistance awards to such nonstate entity or allowing access

24  and examination of those records by the state awarding agency,

25  the Comptroller, or the Auditor General.

26         (d)  Audits conducted pursuant to this section shall be

27  performed annually.

28         (e)  Audits conducted pursuant to this section shall be

29  conducted by independent auditors in accordance with auditing

30  standards as stated in rules of the Auditor General.

31         (f)  Upon completion of the audit as required by this

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  section, a copy of the recipient's financial reporting package

  2  shall be filed with the state awarding agency and the Auditor

  3  General. Upon completion of the audit as required by this

  4  section, a copy of the subrecipient's financial reporting

  5  package shall be filed with the recipient that provided the

  6  state financial assistance. The financial reporting package

  7  shall be filed in accordance with the rules of the Auditor

  8  General.

  9         (g)  All financial reporting packages prepared pursuant

10  to the requirements of this section shall be available for

11  public inspection.

12         (h)  If an audit conducted pursuant to this section

13  discloses any significant audit findings relating to state

14  financial assistance, including material noncompliance with

15  individual major state project compliance requirements or

16  reportable conditions in internal controls of the nonstate

17  entity, the nonstate entity shall submit as part of the audit

18  package to the state awarding agency a plan for corrective

19  action to eliminate such audit findings or a statement

20  describing the reasons that corrective action is not

21  necessary.

22         (i)  An audit conducted in accordance with this section

23  is in addition to any audit of federal awards required by the

24  federal Single Audit Act and other federal laws and

25  regulations. To the extent that such federally required audits

26  provide the state awarding agency with information it requires

27  to carry out its responsibilities under state law or other

28  guidance, a state agency shall rely upon and use that

29  information.

30         (j)  Unless prohibited by law, the cost of audits

31  pursuant to this section are allowable charges to state

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  projects. However, any charges to state projects should be

  2  limited to those incremental costs incurred as a result of the

  3  audit requirements of this section in relation to other audit

  4  requirements. The nonstate entity should allocate such

  5  incremental costs to all state projects for which it expended

  6  state financial assistance.

  7         (k)  Audit costs may not be charged to state projects

  8  when audits required by this section have not been made or

  9  have been made but not in accordance with this section. If a

10  nonstate entity fails to have an audit conducted consistent

11  with this section, state awarding agencies may take

12  appropriate corrective action to enforce compliance.

13         (l)(j)  This section does not prohibit the state

14  awarding agency from including terms and conditions in the

15  written agreement which require additional assurances that

16  state financial assistance meets awards meet the applicable

17  requirements of laws, regulations, and other compliance rules.

18         (m)(k)  A state awarding agency that provides state

19  financial assistance awards to nonstate entities and conducts

20  or arranges for audits of state financial assistance awards

21  that are in addition to the audits conducted under this act

22  shall, consistent with other applicable law, arrange for

23  funding the full cost of such additional audits.

24         (8)  The independent auditor when conducting a state

25  single audit of recipients or subrecipients shall:

26         (a)  Determine whether the nonstate entity's financial

27  statements are presented fairly in all material respects in

28  conformity with generally accepted accounting principles.

29         (b)  Determine whether state financial assistance

30  awards shown on the Schedule of State Financial Assistance is

31  are presented fairly in all material respects in relation to

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  the nonstate entity's financial statements taken as a whole.

  2         (c)  With respect to internal controls pertaining to

  3  each major state project:

  4         1.  Obtain an understanding of internal controls;

  5         2.  Assess control risk;

  6         3.  Perform tests of controls unless the controls are

  7  deemed to be ineffective; and

  8         4.  Determine whether the nonstate entity has internal

  9  controls in place to provide reasonable assurance of

10  compliance with the provisions of laws, regulations, and other

11  rules pertaining to state financial assistance awards that

12  have a material effect on each major state project.

13         (d)  Determine whether each major state project

14  complied with the provisions of laws, rules, and guidelines as

15  identified in the State Projects Compliance Supplement, or

16  otherwise identified by the state awarding agency, which have

17  a material effect on each major state project. When major

18  state projects are less than 50 percent of the nonstate

19  entity's total expenditures for all state financial assistance

20  awards, the auditor shall select and test additional state

21  projects as major state projects as necessary to achieve audit

22  coverage of at least 50 percent of the expenditures for all

23  state financial assistance provided awards to the nonstate

24  entity. Additional state projects needed to meet the

25  50-percent requirement may be selected on an inherent risk

26  basis as stated in the rules of the Executive Office of the

27  Governor.

28         (e)  Report on the results of any audit conducted

29  pursuant to this section in accordance with the rules of the

30  Executive Office of the Governor, rules of the Comptroller,

31  and rules of the Auditor General. Audit reports shall include

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  summaries of the auditor's results regarding the nonstate

  2  entity's financial statements; Schedule of State Financial

  3  Assistance; internal controls; and compliance with laws,

  4  rules, and guidelines other compliance guidance.

  5         (f)  Issue a management letter as prescribed in the

  6  rules of the Auditor General.

  7         (g)  Upon notification by the nonstate entity, make

  8  available the working papers relating to the audit conducted

  9  pursuant to the requirements of this section to the state

10  awarding agency, the Comptroller, or the Auditor General for

11  review or copying.

12         (9)  The independent auditor, when conducting a state

13  project-specific audit of recipients or subrecipients, shall:

14         (a)  Determine whether the nonstate entity's schedule

15  of state financial assistance is presented fairly in all

16  material respects in conformity with stated accounting

17  policies.

18         (b)  Obtain an understanding of internal control and

19  perform tests of internal control over the state project

20  consistent with the requirements of a major state project.

21         (c)  Determine whether or not the auditee has complied

22  with applicable provisions of laws, rules, and guidelines as

23  identified in the State Projects Compliance Supplement, or

24  otherwise identified by the state awarding agency, which could

25  have a direct and material effect on the state project.

26         (d)  Report on the results of a state project-specific

27  audit consistent with the requirements of the state single

28  audit and issue a management letter as prescribed in the rules

29  of the Auditor General.

30         (e)  Upon notification by the nonstate entity, make

31  available the working papers relating to the audit conducted

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  pursuant to the requirements of this section to the state

  2  awarding agency, the Comptroller, or the Auditor General for

  3  review or copying.

  4         (10)(9)  The Auditor General shall:

  5         (a)  Have the authority to audit state financial

  6  assistance provided to any nonstate entity when determined

  7  necessary by the Auditor General or when directed by the

  8  Legislative Auditing Committee.

  9         (b)  Adopt rules that state the auditing standards that

10  independent auditors are to follow for audits of nonstate

11  entities required by this section.

12         (c)  Adopt rules that describe the contents and the

13  filing deadlines for the financial reporting package.

14         (d)  Provide technical advice upon request of the

15  Comptroller, Executive Office of the Governor, and state

16  agencies relating to financial reporting and audit

17  responsibilities contained in this section.

18         (e)  Be provided one copy of each financial reporting

19  package prepared in accordance with the requirements of this

20  section.

21         (f)  Perform ongoing reviews of a sample of financial

22  reporting packages filed pursuant to the requirements of this

23  section to determine compliance with the reporting

24  requirements of this section and applicable rules of the

25  Executive Office of the Governor, rules of the Comptroller,

26  and rules of the Auditor General.

27         Section 59.  Section 216.331, Florida Statutes, is

28  transferred and renumbered as section 215.965, Florida

29  Statutes.

30         Section 60.  Section 216.3505, Florida Statutes, is

31  transferred and renumbered as section 215.966, Florida

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1  Statutes.

  2         Section 61.  Sections 27.38, 27.60, 216.001, 216.0154,

  3  216.0162, 216.0166, 216.0172, 216.0235, 216.0315, 216.091,

  4  216.111, 216.281, and 216.286, Florida Statutes, are repealed.

  5         Section 62.  This act shall take effect July 1, 2000,

  6  and shall apply to preparation of the state budget beginning

  7  with fiscal year 2001-2002.

  8

  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         Delete everything before the enacting clause

13

14  and insert:

15                      A bill to be entitled

16         An act relating to the state budgetary process;

17         revising procedures used in submitting and

18         reviewing requests for state funds; amending s.

19         216.011, F.S.; revising, deleting, and adding

20         definitions; creating s. 216.013, F.S.;

21         requiring agencies to submit long-range program

22         plans; amending s. 216.015, F.S.; revising

23         legislative findings; amending s. 216.0152,

24         F.S.; changing the date for publishing a

25         certain report; amending s. 216.0158, F.S.;

26         revising procedures for determination of

27         facility needs; amending s. 216.016, F.S.;

28         requiring additional information in the

29         Governor's recommended budget; amending s.

30         216.023, F.S.; prescribing procedures for

31         submitting agency budget requests to the

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         Legislature; amending s. 216.031, F.S.;

  2         revising procedures relating to legislative

  3         budget requests; amending s. 216.044, F.S.;

  4         revising procedures relating to budget

  5         evaluation by the Department of Management

  6         Services; amending s. 216.0446, F.S.; revising

  7         procedures relating to review of information

  8         resources management needs; amending s.

  9         216.052, F.S.; providing procedure for

10         submitting community budget requests; amending

11         s. 216.081, F.S.; revising the schedule for

12         submission of data relating to the judicial and

13         legislative branches; amending s. 216.131,

14         F.S.; revising procedures relating to public

15         hearings; amending s. 216.133, F.S.; revising,

16         deleting, and adding definitions; amending s.

17         216.134, F.S.; revising procedures to be used

18         by estimating conferences; amending s. 216.136,

19         F.S.; revising duties of the Economic

20         Estimating Conference; abolishing the

21         Transportation Estimating Conference; creating

22         the Self-Insurance Estimating Conference and

23         the Florida Retirement System Actuarial

24         Assumption Conference; amending s. 216.141,

25         F.S.; revising provisions relating to the

26         planning and budgeting system; amending s.

27         216.162, F.S.; revising procedures relating to

28         furnishing legislators with copies of the

29         Governor's recommended budget; amending s.

30         216.163, F.S.; revising provisions relating to

31         form and content of the Governor's recommended

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         budget; amending s. 216.177, F.S.; revising

  2         provisions relating to appropriation act

  3         statements of intent and to required notices of

  4         budgetary action; amending s. 216.178, F.S.;

  5         requiring additional notice before the vote on

  6         an appropriations act; revising duties of the

  7         Governor with respect to statements of costs of

  8         state debts and obligations; amending s.

  9         216.179, F.S.; prohibiting reinstatement by a

10         state agency of vetoed appropriations

11         administratively; amending s. 216.181, F.S.;

12         revising procedures relating to approved

13         budgets for operations and fixed capital

14         outlay; revising restrictions on increases on

15         salary rate; prescribing procedures with

16         respect to nonoperating budgets; deleting

17         obsolete provisions; creating s. 216.1825,

18         F.S.; requiring zero-based budgeting reviews;

19         providing for use of zero-based budgeting

20         principles; amending s. 216.183, F.S.; revising

21         provisions relating to development of charts of

22         accounts; amending s. 216.192, F.S.; revising

23         procedures relating to release of

24         appropriations; amending s. 216.195, F.S.;

25         defining the term "impoundment" for purposes of

26         impoundment of funds; amending s. 216.212,

27         F.S.; revising duties of the Executive Office

28         of the Governor and the Office of the

29         Comptroller with respect to budgets for federal

30         funds; creating s. 216.216, F.S.; prescribing

31         procedures to be used with respect to funds

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         subject to a court settlement negotiated by the

  2         state; amending s. 212.221, F.S.; revising

  3         procedures to be used in the event of budget

  4         deficits; amending s. 216.251, F.S.; revising

  5         procedures relating to salary appropriations

  6         for certain employees; amending s. 216.262,

  7         F.S.; revising provisions relating to increases

  8         in authorized positions; defining the term

  9         "perquisites" for purposes of limiting the

10         furnishing thereof; amending s. 216.271, F.S.;

11         defining the term "revolving fund"; amending s.

12         216.292, F.S.; revising provisions relating to

13         limits on and procedures for transfers of

14         appropriations; creating s. 216.348, F.S.;

15         providing conditions for receipt of certain

16         grants and aids appropriations by certain

17         nonprofit entities; providing definitions;

18         providing for an affidavit of nonprofit status;

19         providing for an agreement between the

20         administering agency and the nonprofit entity;

21         providing minimum requirements for the

22         agreement; providing that the nonprofit entity

23         continue operation of the property for the

24         purposes set forth in the grant; providing for

25         repayment of grant moneys received under

26         certain conditions; providing for the adoption

27         of an accounting system and providing for

28         audit; providing for liability insurance and

29         exempting the administering agency from

30         liability; providing permissive conditions of

31         the agreement; providing for a satisfaction of

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         the agreement; amending s. 11.45, F.S.;

  2         prescribing duties of the Auditor General with

  3         respect to direct-support and citizen support

  4         organizations; creating s. 11.90, F.S.;

  5         creating the Legislative Budget Commission;

  6         amending s. 120.65, F.S.; deleting 21-day time

  7         limitation on action by the Executive Office of

  8         the Governor; amending s. 121.031, F.S.;

  9         deleting provisions relating to the Florida

10         Retirement System Actuarial Assumption

11         Conference; amending s. 186.002, F.S.; changing

12         "state agency strategic" plan to "long-range

13         program" plan; amending s. 186.003, F.S.;

14         redefining the term "state agency"; amending s.

15         186.021, F.S.; requiring each state agency to

16         develop a long-range program plan annually;

17         amending s. 186.022, F.S.; requiring submission

18         of information resource strategic plans;

19         amending s. 186.901, F.S.; revising provisions

20         relating to production of population estimates;

21         amending s. 215.18, F.S.; providing authority

22         for the Governor to approve transfers between

23         funds to avoid deficits; amending s. 215.22,

24         F.S.; exempting Tobacco Settlement Trust Funds

25         from service charge to general revenue;

26         amending s. 215.32, F.S.; authorizing the

27         Governor to combine trust funds under certain

28         conditions; amending ss. 215.3208, 240.209,

29         240.20941, 240.279, 252.37, 288.7091, 320.20,

30         337.023, 339.135, 376.15, 392.69, F.S., to

31         conform terminology and references to changes

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         made by the act; transferring, renumbering, and

  2         amending s. 216.3491, F.S.; providing for the

  3         Florida Single Audit Act; renumbering s.

  4         216.331, F.S., relating to disbursement of

  5         state moneys; renumbering s. 216.3505, F.S.,

  6         relating to refinancing of bonds; repealing s.

  7         216.001, F.S., relating to definitions;

  8         repealing s. 216.0154, F.S., relating to

  9         assessment of trends and conditions affecting

10         need for capital facilities; repealing s.

11         216.0162, F.S., relating to monitoring and

12         evaluation of capital facilities planning and

13         budgeting; repealing s. 216.0166, F.S.,

14         relating to submission of performance-based

15         budget requests, programs, and performance

16         measures; repealing s. 216.0172, F.S., relating

17         to the schedule for submission of

18         performance-based program budgets; repealing s.

19         216.0235, F.S., relating to furnishing of

20         performance-based legislative program budget

21         requests; repealing s. 216.0315, F.S., relating

22         to budgets of state agencies that have

23         international programs; repealing s. 216.091,

24         F.S., relating to statements by the

25         Comptroller; repealing s. 216.111, F.S.,

26         relating to financial statements and schedules

27         and other reports; repealing s. 216.281, F.S.,

28         relating to construction of terms; repealing s.

29         216.286, F.S., relating to release of funds

30         under the Florida Employment Opportunity Act;

31         providing applicability; providing an effective

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                                                  SENATE AMENDMENT

    Bill No. HB 2377, 2nd Eng.

    Amendment No. ___





  1         date.

  2

  3

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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