House Bill 2377e1

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                                          HB 2377, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the state budgetary process;

  3         revising procedures used in submitting and

  4         reviewing requests for state funds; amending s.

  5         216.011, F.S.; revising, deleting, and adding

  6         definitions; creating s. 216.013, F.S.;

  7         requiring agencies to develop long-range

  8         program plans and providing requirements with

  9         respect thereto, including submission, review,

10         and revision requirements; amending s. 216.015,

11         F.S.; revising legislative findings and duties

12         of the Executive Office of the Governor

13         relating to the capital facilities planning and

14         budgeting process; amending s. 216.0152, F.S.;

15         changing the date for submitting to the

16         Governor the annual updated report on the state

17         facilities inventory; amending s. 216.0158,

18         F.S.; revising reporting times and procedures

19         relating to assessment of facility needs;

20         amending s. 216.016, F.S.; requiring additional

21         information in the Governor's recommended

22         budget; amending s. 216.0166, F.S.; conforming

23         terminology; providing for identification and

24         submission of proposed programs and associated

25         performance measures of the judicial branch;

26         providing for approval and revision of such

27         programs and performance measures; amending s.

28         216.0172, F.S.; revising a date for submission

29         of performance-based budget requests by new

30         agencies; excluding the judicial branch from

31         such submission requirements; providing a


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                                          HB 2377, First Engrossed



  1         schedule for submission of a performance-based

  2         program budget request by the judicial branch;

  3         amending s. 216.023, F.S.; revising the date

  4         and requirements for submission of final

  5         legislative budget requests to the Legislature;

  6         deleting obsolete provisions relating to

  7         agencies subject to agency evaluation and

  8         justification review; amending s. 216.0235,

  9         F.S.; conforming the submission date for

10         legislative program budget requests; conforming

11         references, terminology, and dates; amending s.

12         216.031, F.S., to create s. 216.0312, F.S.,

13         therefrom; separating target budget request

14         provisions from provisions relating to

15         legislative budget requests; amending s.

16         216.044, F.S.; revising procedures relating to

17         budget evaluation by the Department of

18         Management Services; amending s. 216.0446,

19         F.S.; placing the Technology Review Workgroup

20         within the Legislature and revising procedures

21         relating to review of information resources

22         management needs; conforming terminology;

23         amending s. 216.052, F.S.; conforming

24         terminology; amending s. 216.081, F.S.;

25         revising the schedule for submission of

26         estimates of financial needs of the judicial

27         and legislative branches for the ensuing fiscal

28         year; amending s. 216.131, F.S.; revising

29         requirements and procedures relating to public

30         hearings on legislative budgets; amending s.

31         216.133, F.S.; revising, deleting, and adding


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                                          HB 2377, First Engrossed



  1         definitions relating to consensus estimating

  2         conferences; amending s. 216.134, F.S.;

  3         revising procedures to be used by estimating

  4         conferences; amending s. 216.136, F.S.;

  5         revising duties of the Economic Estimating

  6         Conference; revising principals of the

  7         Education Estimating Conference and the

  8         Occupational Forecasting Conference; abolishing

  9         the Transportation Estimating Conference;

10         creating the Self-Insurance Estimating

11         Conference and the Florida Retirement System

12         Actuarial Assumption Conference; amending s.

13         216.141, F.S.; revising provisions relating to

14         the planning and budgeting system; amending s.

15         216.162, F.S.; revising procedures relating to

16         furnishing legislators with copies of the

17         Governor's recommended budget; amending s.

18         216.163, F.S.; revising provisions relating to

19         form and content of the Governor's recommended

20         budget; amending s. 216.177, F.S.; revising

21         provisions relating to appropriations acts to

22         delete the requirement of a statement of intent

23         and modify provisions relating to required

24         notices of budgetary action; amending s.

25         216.178, F.S.; requiring additional notice

26         before the vote on an appropriations act;

27         deleting duty of the Governor to submit the

28         statement of costs of new state debts and

29         obligations; amending s. 216.179, F.S.;

30         prohibiting reinstatement by a state agency of

31         vetoed appropriations administratively;


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                                          HB 2377, First Engrossed



  1         amending s. 216.181, F.S.; revising procedures

  2         relating to approved budgets for operations and

  3         fixed capital outlay; revising restrictions on

  4         increases on salary rate; prescribing

  5         procedures with respect to nonoperating

  6         budgets; deleting obsolete provisions; amending

  7         s. 216.183, F.S.; revising provisions relating

  8         to development and amendment of charts of

  9         accounts; amending s. 216.192, F.S.; revising

10         procedures relating to release of

11         appropriations; amending s. 216.195, F.S.;

12         defining the term "impoundment" for purposes of

13         impoundment of funds; amending s. 216.212,

14         F.S.; revising duties of the Executive Office

15         of the Governor and the Office of the

16         Comptroller with respect to budgets for federal

17         funds; creating s. 216.216, F.S.; prescribing

18         procedures to be used with respect to funds

19         subject to a court settlement negotiated by the

20         state; amending s. 216.221, F.S.; revising

21         procedures to be used in the event of budget

22         deficits; amending s. 216.251, F.S.; revising

23         procedures relating to salary appropriations

24         for certain employees; amending s. 216.262,

25         F.S.; revising provisions relating to increases

26         in authorized positions; defining the term

27         "perquisites" for purposes of limiting the

28         furnishing thereof; amending s. 216.271, F.S.;

29         defining the term "revolving fund"; amending s.

30         216.292, F.S.; revising provisions relating to

31         limits on and procedures for transfers of


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                                          HB 2377, First Engrossed



  1         appropriations; amending s. 216.301, F.S.;

  2         conforming the date for review of undisbursed

  3         appropriations certified as expended or

  4         contracted to be expended; creating s. 216.348,

  5         F.S.; providing conditions for receipt of

  6         certain grants and aids appropriations by

  7         certain nonprofit entities; providing

  8         definitions; providing for an affidavit of

  9         nonprofit status; providing for an agreement

10         between the administering agency and the

11         nonprofit entity; providing minimum

12         requirements for the agreement; providing that

13         the nonprofit entity continue operation of the

14         property for the purposes set forth in the

15         grant; providing for repayment of grant moneys

16         received under certain conditions; providing

17         for the adoption of an accounting system and

18         providing for audit; providing for liability

19         insurance and exempting the administering

20         agency from liability; providing permissive

21         conditions of the agreement; providing for a

22         satisfaction of the agreement; amending s.

23         120.65, F.S.; removing certain automatic

24         approval of requests for action by the director

25         of the Division of Administrative Hearings with

26         respect to actions of the Executive Office of

27         the Governor that affect amendments to the

28         division's approved operating budget or

29         personnel actions; amending s. 121.031, F.S.;

30         deleting provisions relating to the Florida

31         Retirement System Actuarial Assumption


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                                          HB 2377, First Engrossed



  1         Conference; amending s. 186.021, F.S.;

  2         replacing state agency strategic plans with

  3         long-range program plans and providing

  4         requirements for development of the latter;

  5         repealing s. 186.003(7), F.S., relating to the

  6         definition of "state agency strategic plan," to

  7         conform; amending ss. 186.002, 186.006,

  8         186.007, and 186.502, F.S.; revising

  9         terminology, to conform; amending s. 186.022,

10         F.S.; requiring information resource strategic

11         plans of certain boards and councils and

12         providing requirements with respect thereto;

13         amending s. 186.901, F.S.; revising provisions

14         relating to production of population estimates;

15         amending s. 215.22, F.S.; exempting the various

16         agency Tobacco Settlement Trust Funds from the

17         general revenue service charge; amending s.

18         252.37, F.S.; providing for the processing of

19         budget amendments to cover transfers of moneys

20         for declared states of emergency; amending ss.

21         11.45, 14.27, 20.19, 20.316, 23.22, 27.345,

22         27.3451, 110.1239, 121.021, 121.051, 145.021,

23         187.201, 215.196, 215.3206, 215.3208, 215.44,

24         215.95, 215.96, 229.053, 239.305, 240.209,

25         240.2601, 240.324, 240.383, 282.404, 286.30,

26         288.7091, 339.135, 339.155, 339.175, 365.173,

27         376.15, 381.90, 413.011, 413.405, 420.0003,

28         420.511, 420.6075, 494.0017, 624.307, 943.08,

29         and 946.002, F.S., to conform terminology,

30         dates, and references to changes made by the

31         act; amending s. 27.38, F.S., relating to state


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                                          HB 2377, First Engrossed



  1         attorneys budget transfer authority; amending

  2         s. 27.60, F.S., relating to public defenders

  3         budget transfer authority; 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         the 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. 216.0315, F.S.,

14         relating to budgets of state agencies that have

15         international programs; repealing s. 216.091,

16         F.S., relating to statements by the

17         Comptroller; repealing s. 216.111, F.S.,

18         relating to financial statements and schedules

19         and other reports; repealing ss.

20         216.235-216.238, F.S., relating to the

21         Innovation Investment Program; repealing s.

22         216.281, F.S., relating to construction of

23         terms; repealing s. 216.286, F.S., relating to

24         release of funds under the Florida Employment

25         Opportunity Act; repealing s. 240.20941, F.S.,

26         relating to vacant faculty positions; providing

27         applicability; providing an effective date.

28

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

30

31


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                                          HB 2377, First Engrossed



  1         Section 1.  Section 216.011, Florida Statutes, is

  2  amended to read:

  3         216.011  Definitions.--

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

  5  appropriations acts, legislative budgets, and approved

  6  budgets, each of the following terms has the meaning

  7  indicated:

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

  9  compensation authorized salary estimated to be paid or

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

11  The term does not include moneys authorized for benefits

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

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

14  grade for that position.

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

16  make expenditures for specific purposes within the amounts

17  authorized in the appropriations act.

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

19  the Legislature, based upon legislative budgets or based upon

20  legislative findings of the necessity for an authorization

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

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

23  legislative branch for stated purposes in the performance of

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

25  categories contained in the appropriations act include, but

26  are not limited to:

27         1.  Data processing services.

28         2.  Expenses.

29         3.  Fixed capital outlay.

30         4.  Food products.

31         5.  Grants and aids.


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                                          HB 2377, First Engrossed



  1         6.  Grants and aids to local governments and nonstate

  2  entities-fixed capital outlay.

  3         7.  Lump-sum appropriations.

  4         8.  Operating capital outlay.

  5         9.  Other personal services.

  6         10.  Salaries and benefits.

  7         11.  Special categories.

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

  9  an approved budget.  In counting the number of authorized

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

11  equivalents.

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

13  agency's current performance level, pursuant to guidelines

14  established by the Executive Office of the Governor, in

15  consultation with legislative appropriations and appropriate

16  substantive committees.

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

18  lowest level to which funds are specifically appropriated in

19  the appropriations act.

20         (g)  "Chairs of the legislative appropriations

21  committees" means the chairs of the committees of the Senate

22  and the House of Representatives responsible for producing the

23  General Appropriations Act.

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

25  advice in an open and forthright manner with the full

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

27  deemed appropriate by the chair of the respective

28  appropriations committee.

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

30  appropriation automatically renewed without further

31


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                                          HB 2377, First Engrossed



  1  legislative action, period after period, until altered or

  2  revoked by the Legislature.

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

  4  appropriation category used to fund electronic data processing

  5  services provided by or to state agencies or the judicial

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

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

  8  governmental units or budget entities.

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

10  expenditure.

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

12  s. 216.163.

13         (k)  "Established position" means an authorized

14  position which has been classified in accordance with a

15  classification and pay plan as provided by law.

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

17  of a legal obligation to disburse money.

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

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

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

21  such items as contractual services, commodities, and supplies

22  of a consumable nature, current obligations, and fixed

23  charges, and excluding expenditures classified as operating

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

25  federal agencies may be are included in this category budget

26  classification of expenditures.

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

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

29  both dates inclusive.

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

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


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                                          HB 2377, First Engrossed



  1  including appurtenances, fixtures and fixed equipment,

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

  3  repairs, and renovations to real property which materially

  4  extend its useful life or materially improve or change its

  5  functional use and including furniture and equipment necessary

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

  7  appropriated by the Legislature in the fixed capital outlay

  8  appropriation category.

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

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

11  facilities that provide housing to individuals.

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

13  for the entire normally established work period, daily,

14  weekly, monthly, or annually.

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

16  category used to fund contributions to units of government

17  governments or nonstate entities nonprofit organizations to be

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

19  facilities.  Funds appropriated to units of government and

20  nonprofit entities under this category may be advanced.

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

22  nonstate entities-fixed Nonprofit Organizations-Fixed capital

23  outlay" means the that appropriation category used to fund

24  which includes:

25         1.  Grants to local units of governments or nonstate

26  entities and nonprofit organizations for the acquisition of

27  real property (land, buildings, including appurtenances,

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

29  replacements, major repairs, and renovations to real property

30  which materially extend its useful life or materially improve

31  or change its functional use; and operating capital outlay


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                                          HB 2377, First Engrossed



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

  2  and

  3         2.  Grants to local units of government for their

  4  respective infrastructure and growth management needs related

  5  to local government comprehensive plans.

  6

  7  Funds appropriated to local units of government and nonprofit

  8  organizations under this category may be advanced in part or

  9  in whole.

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

11  s. 216.163, for recognizing the achievement of performance

12  standards or for motivating performance that exceeds

13  performance standards.

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

15  actual needs made separately and apart from the legislative

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

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

18  be limited by revenue estimates of the Revenue Estimating

19  Conference.

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

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

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

23  Qualifications Commission.

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

25  officers, committees, and other units of the legislative

26  branch of state government.

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

28  set of instructions developed to assist agencies in submitting

29  budget requests to the Legislature and to generate information

30  necessary for budgetary decisionmaking. Such instructions may

31  include program-based performance budget instructions.


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                                          HB 2377, First Engrossed



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

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

  3  detailed requests filed with the Legislature, for the amounts

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

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

  6  it is requesting authorization by law, to perform.

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

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

  9  priority driven, accountable, and developed through careful

10  examination and justification of all programs and their

11  associated costs. Each plan is developed by examining the

12  needs of agency customers and clients and proposing programs

13  and associated costs to address those needs based on state

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

15  legislative authorization. The plan provides the framework and

16  context for preparing the legislative budget request and

17  includes performance indicators for evaluating the impact of

18  programs and agency performance.

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

20  appropriation category used to fund funds appropriated to

21  accomplish a specific activity or project which must be

22  transferred to one or more appropriation categories for

23  expenditure.

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

25  appropriation category used to fund equipment, fixtures, and

26  other tangible personal property of a nonconsumable and

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

28  273.02 of which is $1,000 or more and the normal expected life

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

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

31


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                                          HB 2377, First Engrossed



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

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

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

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

  5  consistent with the General Appropriations Act or special

  6  appropriations acts.

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

  8  appropriation category used to fund the compensation for

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

10  full-time employee filling an established position.  This

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

12  temporary employees, student or graduate assistants, persons

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

14  and consultants and other services specifically budgeted by

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

16         1.  In distinguishing between payments to be made from

17  salaries and benefits appropriations and

18  other-personal-services appropriations:,

19         1.  Those persons filling established positions shall

20  be paid from salaries and benefits appropriations and those

21  persons performing services for a state agency or for the

22  judicial branch, but who are not filling established

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

24  appropriations.

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

26  salaries and benefits appropriations shall be state officers

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

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

29  appropriations shall not be eligible for such membership.

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

31  impact or public benefit of a program.


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                                          HB 2377, First Engrossed



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

  2  delivered by a state agency.

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

  4  means the appropriation category used to fund funds

  5  appropriated for a specific set of activities or

  6  classification of expenditure within an approved

  7  performance-based program.

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

  9  budget that incorporates approved programs and performance

10  measures.

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

12  qualitative indicator used to assess state agency performance.

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

14  undertaken in accordance with a plan of action organized to

15  realize identifiable goals and objectives based on legislative

16  authorization.

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

18  for less than the entire normally established work period,

19  daily, weekly, monthly, or annually.

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

21  describes the philosophy, methods, procedures, and salary

22  schedule for compensating employees for work performed.

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

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

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

26  additional compensation, or which reduces to some extent the

27  normal personal expenses of the officer or employee receiving

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

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

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

31


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                                          HB 2377, First Engrossed



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

  2  things.

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

  4  and responsibilities, assigned to be performed by an officer

  5  or employee.

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

  7  assigned to an established position.

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

  9  generally related objectives which, because of their special

10  character, related workload, and interrelated output, can

11  logically be considered an entity for purposes of

12  organization, management, accounting, reporting, and

13  budgeting.

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

15  restricts a specific appropriation and which can be logically

16  and directly related to the specific appropriation.

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

18  category used to fund the monetary or cash-equivalent

19  compensation for work performed by state employees for a

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

21         (hh)  "Reclassification" means changing an established

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

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

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

25  responsibilities of the position.

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

27  within or outside of the State Treasury and established from

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

29  branch in making authorized expenditures.

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

31  services rendered for a specific period of time.


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                                          HB 2377, First Engrossed



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

  2  which contains a complete list of classes and their assigned

  3  salary ranges.

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

  5  category used to fund amounts appropriated for a specific need

  6  or classification of expenditures.

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

  8  an outcome or output.

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

10  official, officer, commission, board, authority, council,

11  committee, or department of the executive branch of state

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

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

14  state attorneys, public defenders, the capital collateral

15  regional counsels Representative, and the Justice

16  Administrative Commission, the Florida Housing Finance

17  Corporation, and the Florida Public Service Commission. For

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

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

20  branch.

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

22  constitutional distributions to local units of government.

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

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

25  positions.

26         (yy)  "Performance ledger" means the official

27  compilation of information about state agency

28  performance-based programs and measures, including approved

29  programs, approved outputs and outcomes, baseline data,

30  approved standards for each performance measure and any

31


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                                          HB 2377, First Engrossed



  1  approved adjustments thereto, as well as actual agency

  2  performance for each measure.

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

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

  5  in s. 110.203.

  6         (3)(2)  For purposes of this chapter, the term:

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

  8  means the plan of operations consisting of the original

  9  approved operating budget and statement of intent.

10         (b)  "Commission" means the Administration Commission

11  created in s. 14.202 composed of the Governor and Cabinet.

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

13  that were unforeseen at the time the General Appropriations

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

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

16  that were not considered in the General Appropriations Act and

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

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

19  provisions of chapter 252.

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

21  appropriation or part of an appropriation in the approved

22  operating plan prepared pursuant to the provisions of s.

23  216.181 or in the schedule of releases prepared pursuant to

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

25  agency or the judicial branch to spend an appropriation for

26  the stated purposes authorized in the approved operating

27  budget.

28         Section 2.  Section 216.013, Florida Statutes, is

29  created to read:

30         216.013  Long-range program plans.--

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                                          HB 2377, First Engrossed



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

  2  plans to achieve state goals using an interagency planning

  3  process that includes the development of integrated agency

  4  program outcomes. The plan shall cover a period of 5 fiscal

  5  years and shall become effective July 1 each year. Long-range

  6  program plans shall provide the framework for the development

  7  of legislative budget requests and shall:

  8         (a)  Identify agency programs and address how agency

  9  programs will be used to implement state policy and achieve

10  state goals and program objectives.

11         (b)  Provide information regarding unit costs and

12  performance measurement, which includes, but is not limited

13  to, the manner of collecting data, the methodology used to

14  measure a performance indicator, the validity and reliability

15  of a measure, the appropriateness of a measure, and the

16  assessment of the reliability and validity of agency

17  performance measures by the agency inspector general pursuant

18  to s. 20.055(2).

19         (c)  Identify and justify facility and fixed capital

20  outlay projects and their associated costs.

21         (d)  Identify and justify information technology

22  infrastructure and applications and their associated costs for

23  information technology projects or initiatives.

24         (2)  All agency programs and their costs shall be

25  carefully evaluated and justified by the agency. The

26  justification must clearly demonstrate the needs of agency

27  customers and clients and the reasons the agency is proposing

28  programs and their associated costs to address those needs

29  based on state priorities as established by the Legislature or

30  proposed by the Governor, the agency mission, and legislative

31  authorization. Further, the justification must show how agency


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                                          HB 2377, First Engrossed



  1  programs are integrated and contribute to the overall

  2  achievement of state goals. Facility, fixed capital outlay,

  3  and information technology infrastructure and applications

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

  5  216.0446, respectively.

  6         (3)  Long-range program plans must include a one-page

  7  summary of all moneys that were expended or encumbered by the

  8  agency, or for which the agency was otherwise responsible,

  9  during the preceding fiscal year and an estimate of such

10  moneys projected by the agency for the current fiscal year.

11  All such expenditures and estimates of such expenditures must

12  be divided by program and expressed in line items by unit

13  costs. Unit cost totals must equal the total amount of moneys

14  that were expended or projected to be expended by each agency

15  and must include expenditures or projected expenditures of

16  state funds by subordinate governmental entities and

17  contractors, as applicable. Moneys that agencies receive but

18  are not responsible for, such as reversions or pass-throughs

19  to entities over which the agency has no authority or

20  responsibility, shall be shown in separate line items and

21  expressed in total amounts only. At the regular session

22  immediately following the submission of the agency performance

23  report, the Legislature shall reduce in the General

24  Appropriations Act for the ensuing fiscal year, by an amount

25  equal to at least 10 percent of the allocation for the fiscal

26  year preceding the current fiscal year, the funding of each

27  state agency that fails to submit the report required by this

28  subsection.

29         (4)  Long-range program plans shall be submitted to the

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

31  form and manner prescribed in written instructions prepared by


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                                          HB 2377, First Engrossed



  1  the Executive Office of the Governor in consultation with the

  2  chairs of the legislative appropriations committees. Such

  3  long-range program plans for the judicial branch shall be

  4  submitted by the Chief Justice of the Supreme Court to the

  5  President of the Senate and the Speaker of the House of

  6  Representatives and a copy shall be provided to the Executive

  7  Office of the Governor.

  8         (5)  The Executive Office of the Governor shall review

  9  the long-range program plans for the executive branch to

10  ensure that they are consistent with the state's goals and

11  objectives and other requirements as specified in the written

12  instructions and that they provide the framework and context

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

14  Office of the Governor shall consider the findings of the

15  Technology Review Workgroup as to the consistency of the

16  information technology portion of long-range program plans

17  with the State Annual Report on Information Resources

18  Management and statewide policies recommended by the State

19  Technology Council and shall also consider the state's plan

20  for facility needs pursuant to s. 216.0158. Based on the

21  results of the review, the Executive Office of the Governor

22  may require an agency to revise the plan.

23         (6)  Executive agencies shall incorporate all revisions

24  required by the Executive Office of the Governor within 14

25  working days.

26         (7)  Any differences between executive agencies

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

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

29  the Governor.

30         (8)  Each agency shall transmit copies of its

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


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                                          HB 2377, First Engrossed



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

  2  Representatives not later than 30 days prior to the next

  3  regular session of the Legislature.

  4         (9)  Long-range program plans developed pursuant to

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

  6  the provisions of chapter 120.

  7         (10)  Agencies shall make appropriate adjustments to

  8  their long-range program plans to be consistent with the

  9  appropriations and performance measures in the General

10  Appropriations Act and the implementing bill. Agencies have

11  until June 15 to make adjustments to their plans and submit

12  the adjusted plans to the Executive Office of the Governor and

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

14  Representatives for review.

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

16  Florida Statutes, are amended to read:

17         216.015  Capital facilities planning and budgeting

18  process.--

19         (2)  The Legislature finds that:

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

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

22  buildings, bridges, ports, airports, canals, prisons,

23  educational facilities, park and recreational facilities, and

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

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

26  are increasingly being strained by the competing demands for

27  state services and capital improvements.

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

29  branches of state government, local government, and public

30  benefit corporations which is necessary to maximize the

31  potential public benefits to be derived from the limited


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                                          HB 2377, First Engrossed



  1  financial resources which will be dedicated to public capital

  2  improvements within this state in the future is lacking.

  3         (c)  there is a need to establish a comprehensive

  4  capital facilities planning and budgeting process which is

  5  fully integrated with the state financial planning and debt

  6  management activities and which incorporates the long-range

  7  plans of all state agencies and the judicial branch and major

  8  public benefit corporations to ensure that projects with the

  9  greatest potential for improving the prosperity and well-being

10  of the people of the state receive their proper allocation of

11  limited resources.

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

13  managing the debt structure of the state by matching the

14  capital facility needs of the state with the amounts and

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

16  needs.

17

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

19  this legislation that a comprehensive capital facilities

20  planning and budgeting process be established and maintained

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

22  properly maintained infrastructure in a fiscally responsible

23  manner.

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

25  Office of the Governor is designated as the agency responsible

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

27  and evaluation of the comprehensive capital facilities

28  planning and budgeting process, including the plans revised

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

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

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                                          HB 2377, First Engrossed



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

  2  plans.

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

  4  Statutes, is amended to read:

  5         216.0152  Inventory of state-owned facilities or

  6  state-occupied facilities.--

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

  8  3 years, publish a complete report detailing this inventory

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

10  department shall furnish the updated report to the Executive

11  Office of the Governor and the Legislature no later than

12  September 15 1 of each year.

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

14  216.0158, Florida Statutes, are amended to read:

15         216.0158  Assessment of facility needs.--

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

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

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

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

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

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

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

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

24  facility needs in order of priority and shall include

25  preventive maintenance strategies, expected replacement of

26  existing facilities, expected improvements or additions to

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

28  cost, and other information as prescribed by the legislative

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

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

31  each agency shall submit to the Executive Office of the


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                                          HB 2377, First Engrossed



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

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

  3  Supreme Court, who shall submit copies to the legislative

  4  appropriations committees, in a format prescribed by the

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

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

  7  outline forecasted agency facility needs.  The Chief Justice

  8  shall certify the final approved plan for the judicial branch

  9  to the Executive Office of the Governor which shall include

10  the plan, without modification, in the state comprehensive

11  plan.

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

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

14  requirements of s. 216.043.

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

16  the following information:

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

18  including a description of the function which requires the

19  facility; an explanation of the inability of existing

20  facilities to meet such requirements; historical background;

21  alternatives; and anticipated changes in both initial and

22  continuing operating costs.

23         (b)  An application of standards and criteria to

24  establish the scope of each project.

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

26  each project to establish an estimate of funding requirements.

27         (d)  A request for a legislative appropriation to

28  provide such funding in the appropriate fiscal year, including

29  the need for advance funding of programming and design

30  activities.

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                                          HB 2377, First Engrossed



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

  2  216.016, Florida Statutes, is amended to read:

  3         216.016  Evaluation of plans; determination of

  4  financing method.--

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

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

  7  and fixed capital outlay needs, which shall be incorporated

  8  into the Governor's recommended budget submitted to the

  9  Legislature pursuant to s. 216.162.

10         Section 7.  Paragraph (i) of subsection (2) of section

11  216.0166, Florida Statutes, is amended, and subsection (6) is

12  added to said section, to read:

13         216.0166  Submission by state agencies of

14  performance-based budget requests, programs, and performance

15  measures.--

16         (2)  The following documentation shall accompany the

17  list of proposed programs and measures submitted by the state

18  agency:

19         (i)  A description of the use of performance measures

20  in agency decisionmaking, agency actions to allocate funds and

21  manage programs, and the long-range program agency strategic

22  plan.

23         (6)  Prior to September 15 of the fiscal year prior to

24  which the judicial branch is required to submit a

25  performance-based program budget request pursuant to s.

26  216.0172, the Chief Justice of the Supreme Court shall

27  identify and, after consultation with the Office of Program

28  Policy Analysis and Government Accountability, submit to the

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

30  Representatives a list of proposed programs and associated

31  performance measures. The judicial branch shall provide


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                                          HB 2377, First Engrossed



  1  documentation to accompany the list of proposed programs and

  2  performance measures as provided under subsection (2). The

  3  judicial branch shall submit a performance-based program

  4  legislative budget request pursuant to s. 216.0172, using the

  5  programs and performance measures adopted by the Legislature.

  6  The Chief Justice may propose revisions to approved programs

  7  or performance measures for the judicial branch. The

  8  Legislature shall have final approval of all programs and

  9  associated performance measures and standards for the judicial

10  branch through the General Appropriations Act or legislation

11  implementing the General Appropriations Act.

12         Section 8.  Subsection (8) of section 216.0172, Florida

13  Statutes, is amended, and subsection (11) is added to said

14  section, to read:

15         216.0172  Schedule for submission of performance-based

16  program budgets.--In order to implement the provisions of

17  chapter 94-249, Laws of Florida, state agencies shall submit

18  performance-based program budget legislative budget requests

19  for programs approved pursuant to s. 216.0166 to the Executive

20  Office of the Governor and the Legislature based on the

21  following schedule:

22         (8)  Excluding the judicial branch, any new agency or

23  portion thereof created after September 1, 2000, shall submit

24  a performance-based program budget request for programs

25  approved pursuant to s. 216.0166 to the Executive Office of

26  the Governor and the Legislature by September 15 1 of the year

27  following the creation of the agency or portion thereof.

28         (11)  By September 15, 2001, the Chief Justice of the

29  Supreme Court shall submit to the President of the Senate and

30  the Speaker of the House of Representatives a

31  performance-based program budget request for programs of the


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                                          HB 2377, First Engrossed



  1  judicial branch approved by the Legislature and provide a copy

  2  to the Executive Office of the Governor.

  3         Section 9.  Section 216.023, Florida Statutes, is

  4  amended to read:

  5         216.023  Legislative budget requests to be furnished by

  6  agencies.--

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

  8  legislative budget request to the Legislature and to the

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

10  and manner prescribed in the budget instructions and at such

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

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

13  However, no state agency shall submit its final legislative

14  budget request, including all supporting forms and schedules

15  required by this chapter, later than September 15 1 of each

16  year.

17         (2)  The judicial branch and the Division of

18  Administrative Hearings shall submit their final legislative

19  budget requests directly to the Legislature with a copy to the

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

21  and manner as prescribed in the budget instructions.  However,

22  the final legislative budget requests, including all

23  supporting forms and schedules required by this chapter, shall

24  be submitted no later than September 15 1 of each year.

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

26  appropriations committees of the Legislature shall jointly

27  develop legislative budget instructions from which each agency

28  and the judicial branch, pursuant to ss. 216.031 and 216.043,

29  shall prepare their legislative budget request.  The budget

30  instructions shall be consistent with s. 216.141 and shall be

31  transmitted to each agency and to the judicial branch no later


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                                          HB 2377, First Engrossed



  1  than June 15 of each year.  In the event that agreement cannot

  2  be reached between the Executive Office of the Governor and

  3  the appropriations committees of the Legislature regarding

  4  legislative budget instructions, the issue shall be resolved

  5  by the Governor, the President of the Senate, and the Speaker

  6  of the House of Representatives.

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

  8  for review a preliminary legislative budget request to the

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

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

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

12  prescribed by the Executive Office of the Governor.

13         (5)  The Executive Office of the Governor shall review

14  the preliminary legislative budget request for technical

15  compliance with the budget format provided for in the budget

16  instructions. The Executive Office of the Governor shall

17  notify the agency or the judicial branch of any adjustment

18  required.  The agency or judicial branch shall make the

19  appropriate corrections in preparing its final legislative

20  budget request.  If the appropriate technical corrections are

21  not made in the final legislative budget requests, the

22  Executive Office of the Governor may adjust the budget request

23  to incorporate the appropriate technical corrections in the

24  format of the request.

25         (6)  At any time after the Governor and the Chief

26  Justice submit their recommended budgets to the Legislature,

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

28  request by transmitting to the Governor and the Legislature an

29  amended request in the form and manner prescribed in the

30  legislative budget instructions.

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                                          HB 2377, First Engrossed



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

  2  the contrary notwithstanding, each agency subject to the

  3  provisions of this section shall submit its legislative budget

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

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

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

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

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

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

10  recommendations prepared and submitted by the Director of the

11  Office of Program Policy Analysis and Government

12  Accountability pursuant to s. 11.513.  If the recommendations

13  of the director contain recommendations that specifically

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

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

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

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

18  response to any funding recommendations which apply to such

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

20  director's recommended funding levels shall be displayed

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

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

23  funding recommendations shall be specifically cross-referenced

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

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

26         (c)  The budget instructions required pursuant to

27  subsection (3) shall include requirements that agency or

28  judicial branch responses, major issue summaries contained in

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

30  issued with the General Appropriations Act set the

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                                          HB 2377, First Engrossed



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

  2  following manner:

  3         1.  The director's recommendations for reduced funding

  4  shall be separately identified as the director's

  5  recommendations and treated as nonrecurring expenditures.

  6         2.  Agency requests to restore the director's

  7  recommendations for reduced funding shall be separately

  8  identified as agency requests to restore the director's

  9  recommendations and treated as improved programs.

10         3.  The director's recommendations for increased

11  funding shall be separately identified as the director's

12  recommendations and treated as major issues for continuation

13  of current programs.

14         4.  All other agency requests that would provide

15  funding levels above the director's recommendations shall be

16  separately identified as agency requests for funding above the

17  director's recommendations and treated as new or improved

18  programs.

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

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

21  this subsection and the evaluation and review of the agency

22  pursuant to ss. 11.513 and 216.0165, the appropriate

23  substantive committees of the Senate and the House of

24  Representatives shall review the report of the consultant and

25  the recommendations of the director submitted pursuant to s.

26  11.513 and the responses to the director's recommendations by

27  the agencies that are the subject of the report and

28  recommendations, and shall make recommendations for

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

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

31  recommendations of the director.  In developing their


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                                          HB 2377, First Engrossed



  1  recommendations, such committees also shall consider the

  2  recommendations and responses made in the agencies'

  3  legislative budget requests as required by this subsection and

  4  in the Governor's recommended budget.

  5         Section 10.  Subsections (1), (2), and (3) of section

  6  216.0235, Florida Statutes, are amended to read:

  7         216.0235  Performance-based legislative program budget

  8  requests to be furnished by agencies.--

  9         (1)  The head of each state agency, excluding the

10  judicial branch, shall submit a final legislative program

11  budget request to the Legislature and to the Governor, as

12  chief budget officer of the state, in the form and manner

13  prescribed in the program budget instructions and at such time

14  as specified by the Executive Office of the Governor, based on

15  the agency's independent judgment of its needs. However, a

16  state agency may not submit its final legislative program

17  budget request later than September 15 1 of each year. The

18  provisions of s. 216.023 do not apply to programs within state

19  agencies that have been approved to operate under a

20  performance-based program budget.

21         (2)  The judicial branch shall submit its final

22  legislative program budget request directly to the Legislature

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

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

25  instructions. However, the final legislative program budget

26  requests shall be submitted no later than September 15 1 of

27  each year.

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

29  legislative appropriations committees shall jointly develop

30  legislative program budget instructions from which each agency

31  that has an approved program and the judicial branch, pursuant


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                                          HB 2377, First Engrossed



  1  to ss. 216.0166 and 216.043, shall prepare its legislative

  2  program budget request. The program budget instructions must

  3  be consistent with s. 216.141 and must be transmitted to each

  4  agency and to the judicial branch no later than June 15 of

  5  each year. The budget instructions must include instructions

  6  for agencies in submitting performance measures and standards

  7  as required by s. 216.0166. The budget instructions must also

  8  include instructions for agencies in submitting the assessment

  9  of performance measures and the unit cost information required

10  to be included in the long-range program plan agency annual

11  performance report under s. 216.013 186.022(8). The Executive

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

13  Program Policy Analysis and Government Accountability, the

14  Auditor General, the Department of Banking and Finance, and

15  the legislative appropriations committees, shall develop

16  instructions as to the calculation of the unit cost

17  information and the format and presentation of the summary

18  required under s. 216.013 186.022(8).  For fiscal year

19  1999-2000, the Executive Office of the Governor may provide

20  interim instructions which allow for a phased-in

21  implementation of unit cost reporting by agencies.  Full

22  implementation of unit cost reporting shall be effective with

23  the submission of the August September 1, 2000, long-range

24  program plan agency performance report.  In the event that

25  agreement cannot be reached between the Executive Office of

26  the Governor and the legislative appropriations committees

27  regarding legislative program budget instructions, the issue

28  shall be resolved by the Governor, the President of the

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

30

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                                          HB 2377, First Engrossed



  1         Section 11.  Section 216.031, Florida Statutes, is

  2  amended, and section 216.0312, Florida Statutes, is created,

  3  to read:

  4         216.031  Budgets for operational expenditures.--A

  5  legislative budget request, reflecting the independent

  6  judgment of the head of the state agency, and of the Chief

  7  Justice of the Supreme Court, with respect to the needs of the

  8  agency and the judicial branch for operational expenditures

  9  during the next fiscal year, shall be submitted by each head

10  of a state agency and by the Chief Justice of the Supreme

11  Court and shall contain the following:

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

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

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

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

16  the requested expenditures for the next fiscal year.  The

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

18  for each fiscal year of data for which positions are

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

20  request for the State University System shall be expressed in

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

22  s. 240.271 and in terms of the specified appropriation

23  categories, including the special units' budgets, prescribed

24  in the prior appropriations act.

25         (2)  For each program component within the budget

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

27  the summary explanation of expenditures for each detail issue

28  describing the amounts and positions for the next fiscal year

29  for continuation of current programs, for improved programs,

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

31  for the next fiscal year.


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                                          HB 2377, First Engrossed



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

  2  schedule showing the trust funds available, providing the

  3  source of receipts, detail of nonoperating disbursements,

  4  operating expenditures, fixed capital outlay, and unencumbered

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

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

  7  addition, for each trust fund established in connection with

  8  legislative action authorizing the collection of a fee or

  9  other charge to support a governmental service or activity

10  being performed by the agency involved, there shall be

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

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

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

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

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

16  shall be reviewed by the appropriations committees in the

17  Senate and House of Representatives for the express purpose of

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

19  such activities as nearly self-supporting as possible.

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

21  of positions, providing for each class of positions within

22  discrete organizational activities, by the collective

23  bargaining unit and program component for the next fiscal

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

25  estimated rate of salary, the amounts requested for new

26  positions, and the number of new positions requested.

27         (5)  Detailed information for the next fiscal year

28  necessary for the Legislature and the Governor to evaluate:

29         (a)  The effectiveness of current programs, including

30  justification for those programs.

31


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                                          HB 2377, First Engrossed



  1         (b)  The justification for increasing costs to continue

  2  the operations of current programs.

  3         (c)  The justification for proposed improvements in

  4  existing programs.

  5         (d)  The justification for proposed new programs.

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

  7  the following fiscal year.

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

  9  for operational expenditures, by order of priority.

10         (6)  Additional information providing a detailed

11  description of the request of the agency and the corresponding

12  calculations needed to support the request.

13         (7)  Workload and other performance indicators, as

14  prescribed by the legislative budget instructions.

15         (8)  An information resources management schedule

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

17  for information resources management.  The schedule shall be

18  in the format provided for in the legislative budget

19  instructions.  The budget request for information resources

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

21  request are in response to any information resources

22  management issues included in the legislative budget

23  instructions. This subsection is applicable only to those

24  state agencies which are under the purview of ss.

25  282.303-282.313 and to the judicial branch.

26         (9)  A report separately listing the sources of

27  receipts into each trust fund and the amounts of such

28  receipts. In addition, the report shall identify the

29  administrative and program costs expended from the trust fund,

30  including salaries, other personal services, operating capital

31


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                                          HB 2377, First Engrossed



  1  outlay, fixed capital outlay, other expenses, contractual

  2  services, and transfers to other trust funds.

  3         (10)  For those agencies or the judicial branch

  4  operating programs under a performance-based program budget,

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

  6  performance standards for programs approved pursuant to s.

  7  216.0166. Such evaluation shall be developed as prescribed by

  8  the budget instructions, and shall include any responses by

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

10  of Program Policy Analysis and Government Accountability

11  pursuant to s. 11.513.

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

13  baseline data, outcome measures, output measures, and

14  standards for program measures, including justification for

15  those programs in the format required by the legislative

16  budget instructions.

17         (12)  A prioritized listing of planned expenditures for

18  review and possible reduction in the event of revenue

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

20  in the format provided in the planning and budgeting

21  instructions.

22         216.0312  Target budget requests.--Either chair of a

23  legislative appropriations committee, or the Executive Office

24  of the Governor for state agencies, may require the agency or

25  the Chief Justice to address major issues separate from those

26  outlined in ss. s. 216.023, 216.031 this section, and s.

27  216.043 for inclusion in the requests of the agency or of the

28  judicial branch.  The issues shall be submitted to the agency

29  no later than July 30 of each year and shall be displayed in

30  its requests as provided in the budget instructions.  The

31  Executive Office of the Governor may request an agency, or the


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                                          HB 2377, First Engrossed



  1  chair of the appropriations committees of the Senate or House

  2  of Representatives may request any agency or the judicial

  3  branch, to submit no later than September 30 15 of each year a

  4  budget plan with respect to targets established by the

  5  Governor or either chair. The target budget shall require each

  6  entity to establish an order of priorities for its budget

  7  issues and may include requests for multiple options for the

  8  budget issues.  The target budget may also require each entity

  9  to submit a program budget or a performance-based budget in

10  the format prescribed by the Executive Office of the Governor

11  or either chair; provided, however, the target budget format

12  shall be compatible with the planning and budgeting system

13  requirements set out in s. 216.141.  Such a request shall not

14  influence the agencies' or judicial branch's independent

15  judgment in making legislative budget requests, as required by

16  law.

17         Section 12.  Section 216.044, Florida Statutes, is

18  amended to read:

19         216.044  Budget evaluation by Department of Management

20  Services.--Any state agency or judicial branch entity

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

22  Department of Management Services shall consult with that

23  department during the budget-development process. The

24  Department of Management Services shall provide

25  recommendations regarding construction requirements, cost of

26  the project, and project alternatives to be incorporated in

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

28  request and narrative justification.

29         (1)  Concurrently with the submission of the fixed

30  capital outlay legislative budget request to the Executive

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


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                                          HB 2377, First Engrossed



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

  2  the legislative budget request to the Department of Management

  3  Services for evaluation.

  4         (2)  The Department of Management Services shall advise

  5  the Executive Office of the Governor, the Chief Justice, and

  6  the Legislature regarding alternatives to the proposed fixed

  7  capital outlay project and make recommendations relating to

  8  the construction requirements and cost of the project.  These

  9  recommendations shall be provided to the Legislature and

10  Executive Office of the Governor at a time specified by the

11  Governor, but not less than 90 days prior to the regular

12  session of the Legislature. When evaluating alternatives, the

13  Department of Management Services shall include information as

14  to whether it would be more cost-efficient to lease private

15  property or facilities, to construct facilities on property

16  presently owned by the state, or to acquire property on which

17  to construct the facilities.  In determining the cost to the

18  state of constructing facilities on property presently owned

19  by the state or the cost of acquiring property on which to

20  construct facilities, the Department of Management Services

21  shall include the costs which would be incurred by a private

22  person in acquiring the property and constructing the

23  facilities, including, but not limited to, taxes and return on

24  investment.

25         (3)  The Department of Management Services shall

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

27  and the Executive Office of the Governor in fulfilling the

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

29  216.031 and 216.043.

30         Section 13.  Section 216.0446, Florida Statutes, is

31  amended to read:


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                                          HB 2377, First Engrossed



  1         216.0446  Technology Review Workgroup; review of

  2  information resources management needs.--

  3         (1)  There is created within the Legislature the

  4  Technology Review Workgroup. The Technology Review Workgroup

  5  shall The Executive Office of the Governor may contract with

  6  the Legislature to provide a mechanism for review of and make

  7  recommendations with respect to the portion of agencies'

  8  long-range program strategic plans which pertains to

  9  information resources management needs and with respect to

10  agencies' legislative budget requests for information

11  resources management.  The Technology Review Workgroup shall

12  be responsible to the chairs of the legislative appropriations

13  committees. This mechanism shall be referred to as the

14  Technology Review Workgroup, which shall be headed by a

15  senior-level manager.

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

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

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

19  following:

20         (a)  To evaluate the information resource management

21  needs identified in the long-range program agency strategic

22  plans for consistency with the State Annual Report on

23  Information Resources Management and statewide policies

24  recommended by the State Technology Council, and make

25  recommendations to the chairs of the legislative

26  appropriations committees Executive Office of the Governor,

27  pursuant to s. 186.022(3).

28         (b)  To review and make recommendations to the

29  Executive Office of the Governor and the chairs of the

30  legislative appropriations fiscal committees on proposed

31  budget amendments and agency transfers associated with notices


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                                          HB 2377, First Engrossed



  1  of proposed action for budget items with respect to

  2  information resources management initiatives or projects that

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

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

  5  over a 1-year period.

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

  7  the Governor on guidelines and best practices for information

  8  resources management based on information received from the

  9  State Technology Council.

10         Section 14.  Subsection (2) of section 216.052, Florida

11  Statutes, is amended to read:

12         216.052  Legislative budget requests; appropriations;

13  grants.--

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

15  and budgeting process, the long-range program strategic plan

16  should be reviewed by the Legislature.

17         Section 15.  Subsection (1) of section 216.081, Florida

18  Statutes, is amended to read:

19         216.081  Data on legislative and judicial branch

20  expenses.--

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

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

23  budget, estimates of the financial needs of the legislative

24  branch and the judicial branch during the ensuing fiscal year

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

26         Section 16.  Section 216.131, Florida Statutes, is

27  amended to read:

28         216.131  Public hearings on legislative budgets.--The

29  Governor and the Chief Justice of the Supreme Court may shall

30  each provide for at least one public hearing prior to

31  submission of budget recommendations to the Legislature on


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                                          HB 2377, First Engrossed



  1  issues contained in agency legislative budget requests or in

  2  the judicial branch legislative budget request and issues that

  3  which may be included in budget recommendations to the

  4  Legislature, which hearing may shall be held at such time as

  5  the Governor or the Chief Justice may fix. The Governor may

  6  require the attendance or participation, or both, at his or

  7  her hearings of the heads or responsible representatives of

  8  all state agencies supported by any form of taxation or

  9  licenses, fees, imposts, or exactions. The Governor and the

10  Chief Justice may provide these hearings via electronic

11  format, such as teleconference, Internet, and similar

12  electronic forums, provided that a means for active

13  participation and questions by the audience is provided.

14         Section 17.  Section 216.133, Florida Statutes, is

15  amended to read:

16         216.133  Definitions; ss. 216.133-216.137.--As used in

17  ss. 216.133-216.137:

18         (1)  "Consensus estimating conference" includes the

19  Economic Estimating Conference, the Demographic Estimating

20  Conference, the Revenue Estimating Conference, the Education

21  Estimating Conference, the Criminal Justice Estimating

22  Conference, the Juvenile Justice Estimating Conference, the

23  Child Welfare System Estimating Conference, the Occupational

24  Forecasting Conference, the School Readiness Program

25  Estimating Conference, the Self-Insurance Estimating

26  Conference, the Florida Retirement System Actuarial Assumption

27  Conference, and the Social Services Estimating Conference, and

28  the Transportation Estimating Conference.

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

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

31


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                                          HB 2377, First Engrossed



  1  principals of a consensus estimating conference unanimously

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

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

  4  the principals of a consensus estimating conference.

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

  6  the processes and functions prescribed in chapter 186 and this

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

  8         Section 18.  Section 216.134, Florida Statutes, is

  9  amended to read:

10         216.134  Consensus estimating conferences; general

11  provisions.--

12         (1)  Each consensus estimating conference shall develop

13  such official information within its area of responsibility as

14  the conference determines, by consensus, is needed for

15  purposes of the state planning and budgeting system.  Unless

16  otherwise provided by law or decided by unanimous agreement of

17  the principals of the conference, all official information

18  developed by the conference shall be based on the assumption

19  that current law and current administrative practices will

20  remain in effect throughout the period for which the official

21  information is to be used.  The official information developed

22  by each consensus estimating conference shall include

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

24  principals of the conference unanimously agree otherwise.

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

26  official estimate does not exist until a new consensus is

27  reached.

28         (3)(2)  The official information developed by the

29  Economic Estimating Conference and the official information

30  developed by the Demographic Estimating Conference shall be

31


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                                          HB 2377, First Engrossed



  1  used by all other consensus estimating conferences in

  2  developing their official information.

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

  4  conference consists of principals and participants.

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

  6  preside over conference sessions, convene conference sessions,

  7  request information, specify topics to be included on the

  8  conference agenda, agree or withhold agreement on whether

  9  information is to be official information of the conference,

10  release official information of the conference, interpret

11  official information of the conference, and monitor errors in

12  official information of the conference.

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

14  participate in the consensus estimating conference by a

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

16  principal before or during any session of the conference,

17  develop alternative forecasts, collect and supply data,

18  perform analyses, or provide other information needed by the

19  conference. The conference shall consider information provided

20  by participants in developing its official information.

21         (5)(4)  All sessions and meetings of a consensus

22  estimating conference shall be open to the public as provided

23  in chapter 286.

24         Section 19.  Section 216.136, Florida Statutes, is

25  amended to read:

26         216.136  Consensus estimating conferences; duties and

27  principals.--

28         (1)  ECONOMIC ESTIMATING CONFERENCE.--

29         (a)  Duties.--

30         1.  The Economic Estimating Conference shall develop

31  such official information with respect to the national and


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                                          HB 2377, First Engrossed



  1  state economies as the conference determines is needed for the

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

  3  forecasts which are a part of its official information shall

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

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

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

  7  forecast is developed in a special impact session of the

  8  conference.

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

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

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

12  Economic Estimating Conference shall evaluate and project the

13  financial condition of the employee group health

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

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

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

17  conference shall indicate whether the current plan premium

18  rates are sufficient to fund projected plan claims and other

19  expenses during the fiscal year.

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

21  the coordinator of the Office of Economic and Demographic

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

23  Representatives who have forecasting expertise, or their

24  designees, are the principals of the Economic Estimating

25  Conference.  The responsibility of presiding over sessions of

26  the conference shall be rotated among the principals.

27         (2)  DEMOGRAPHIC ESTIMATING CONFERENCE.--

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

29  shall develop such official information with respect to the

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

31  the conference determines is needed for the state planning and


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                                          HB 2377, First Engrossed



  1  budgeting system.  The conference shall use the official

  2  population estimates provided under s. 186.901 in developing

  3  its official information.

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

  5  the coordinator of the Office of Economic and Demographic

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

  7  Representatives who have forecasting expertise, or their

  8  designees, are the principals of the Demographic Estimating

  9  Conference.  The responsibility of presiding over sessions of

10  the conference shall be rotated among the principals.

11         (3)  REVENUE ESTIMATING CONFERENCE.--

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

13  develop such official information with respect to anticipated

14  state and local government revenues as the conference

15  determines is needed for the state planning and budgeting

16  system.  Any principal may request the conference to review

17  and estimate revenues for any trust fund.

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

19  the coordinator of the Office of Economic and Demographic

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

21  Representatives who have forecasting expertise, or their

22  designees, are the principals of the Revenue Estimating

23  Conference.  The responsibility of presiding over sessions of

24  the conference shall be rotated among the principals.

25         (4)  EDUCATION ESTIMATING CONFERENCE.--

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

27  develop such official information relating to the state public

28  educational system, including forecasts of student

29  enrollments, the number of students qualified for state

30  financial aid programs and the appropriation required to fund

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


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                                          HB 2377, First Engrossed



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

  2  the conference determines is needed for the state planning and

  3  budgeting system.  The conference's initial projections of

  4  enrollments in public schools shall be forwarded by the

  5  conference to each school district no later than 2 months

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

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

  8  the initial projections.  Any adjustment request shall be

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

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

11  considered by the principals of the conference.  A school

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

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

14  adjustment request shall be considered by the principals of

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

16  shall indicate and explain, using definitions adopted by the

17  conference, the components of anticipated enrollment changes

18  that correspond to continuation of current programs with

19  workload changes; program improvement; program reduction or

20  elimination; initiation of new programs; and any other

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

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

23  student consensus estimate to the Legislature no later than 1

24  month after the start of the regular session of the

25  Legislature. No conference estimate may be changed without the

26  agreement of the full conference.

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

28  start of the regular session of the Legislature, the

29  conference shall forward to each eligible postsecondary

30  education institution its initial projections of the number of

31  students qualified for state financial aid programs and the


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                                          HB 2377, First Engrossed



  1  appropriation required to fund those students at the full

  2  award amount. Each postsecondary education institution may

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

  4  Any adjustment request must be submitted to the conference no

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

  6  of the Legislature and shall be considered by the principals

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

  8  postsecondary education institution shall indicate and

  9  explain, using definitions adopted by the conference, the

10  components of anticipated changes that correspond to

11  continuation of current programs with enrollment changes,

12  program reduction or elimination, initiation of new programs,

13  award amount increases or decreases, and any other information

14  that is considered by the conference. The conference shall

15  submit its consensus estimate to the Legislature no later than

16  1 month after the start of the regular session of the

17  Legislature. No conference estimate may be changed without the

18  agreement of the full conference.

19         (c)  Principals.--The Commissioner of Education

20  Associate Deputy Commissioner for Educational Management, the

21  Executive Office of the Governor, the coordinator of the

22  Office of Economic and Demographic Research, and professional

23  staff of the Senate and House of Representatives who have

24  forecasting expertise, or their designees, are the principals

25  of the Education Estimating Conference. The Commissioner of

26  Education Associate Deputy Commissioner for Educational

27  Management or his or her designee shall preside over sessions

28  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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                                          HB 2377, First Engrossed



  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


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                                          HB 2377, First Engrossed



  1         3.  The Department of Children and Family Services and

  2  the Department of Education shall provide information on

  3  caseloads and waiting lists for the subsidized child care and

  4  prekindergarten early intervention programs requested by the

  5  Social Services Estimating Conference or individual conference

  6  principals, in a timely manner.

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

  8  the coordinator of the Office of Economic and Demographic

  9  Research, and professional staff, who have forecasting

10  expertise, from the Department of Children and Family

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

12  their designees, are the principals of the Social Services

13  Estimating Conference.  The principal representing the

14  Executive Office of the Governor shall preside over sessions

15  of the conference.

16         (7)  TRANSPORTATION ESTIMATING CONFERENCE.--

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

18  shall develop such official budget information relating to

19  transportation planning and budgeting as is determined by the

20  conference principals to be needed for the state planning and

21  budgeting system.  This information shall include estimates of

22  transportation cost indices and other budget-related

23  estimates. This conference shall not address estimates of

24  transportation revenues.

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

26  the coordinator of the Office of Economic and Demographic

27  Research, and professional staff with budgeting expertise from

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

29  Representatives are the principals of the Transportation

30  Estimating Conference. The principal representing the

31


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                                          HB 2377, First Engrossed



  1  Executive Office of the Governor shall preside over sessions

  2  of the conference.

  3         (7)(8)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

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

  5  Conference shall develop such official information relating to

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

  7  child welfare caseloads, as the conference determines is

  8  needed for the state planning and budgeting system. Such

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

10         1.  Estimates and projections of the number of initial

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

12  made to the central abuse hotline maintained by the Department

13  of Children and Family Services as established in s.

14  39.201(4). Projections may take into account other factors

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

16  hotline.

17         2.  Estimates and projections of the number of children

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

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

20  residential group care, adoptive services, or other

21  appropriate care.

22

23  In addition, the conference shall develop other official

24  information relating to the child welfare system of the state

25  which the conference determines is needed for the state

26  planning and budgeting system.  The Department of Children and

27  Family Services shall provide information on the child welfare

28  system requested by the Child Welfare System Estimating

29  Conference, or individual conference principals, in a timely

30  manner.

31


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                                          HB 2377, First Engrossed



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

  2  the coordinator of the Office of Economic and Demographic

  3  Research, and professional staff who have forecasting

  4  expertise from the Department of Children and Family Services,

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

  6  designees, are the principals of the Child Welfare System

  7  Estimating Conference. The principal representing the

  8  Executive Office of the Governor shall preside over sessions

  9  of the conference.

10         (8)(9)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

12  Conference shall develop such official information relating to

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

14  the conference principals to be needed for the state planning

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

16  not limited to:  estimates of juvenile delinquency caseloads

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

18  juvenile detention placements; estimates of workloads in the

19  juvenile sections in the offices of the state attorneys and

20  public defenders; estimates of mental health and substance

21  abuse treatment relating to juveniles; and such other

22  information as is determined by the conference principals to

23  be needed for the state planning and budgeting system.

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

25  the Office of Economic and Demographic Research, and

26  professional staff who have forecasting expertise from the

27  Department of Juvenile Justice, the Department of Children and

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

29  Office, the Department of Law Enforcement, the Senate

30  Appropriations Committee staff, the House of Representatives

31  Appropriations Committee staff, or their designees, are the


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                                          HB 2377, First Engrossed



  1  principals of the Juvenile Justice Estimating Conference. The

  2  responsibility of presiding over sessions of the conference

  3  shall be rotated among the principals. To facilitate policy

  4  and legislative recommendations, the conference may call upon

  5  professional staff of the Juvenile Justice Accountability

  6  Board and appropriate legislative staff.

  7         (9)(10)  OCCUPATIONAL FORECASTING CONFERENCE.--

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

  9  shall develop such official information on the workforce

10  development system planning process as it relates to the

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

12  the conference determines is needed by the state planning and

13  budgeting system.  Such information must include at least:

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

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

16  relative wage forecasts among those occupations; and estimates

17  of the supply of trained and qualified individuals available

18  for employment in those occupations.

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

20  Executive Office of the Governor, the director of the Office

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

22  Labor, and 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 Occupational

26  Forecasting Conference.  The Commissioner of Education, or the

27  commissioner's designee, shall preside over the sessions of

28  the conference.

29         (10)(11)  SCHOOL READINESS PROGRAM ESTIMATING

30  CONFERENCE.--

31         (a)  Duties.--


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                                          HB 2377, First Engrossed



  1         1.  The School Readiness Program Estimating Conference

  2  shall develop such estimates and forecasts of the number of

  3  individuals eligible for school readiness programs in

  4  accordance with the standards of eligibility established by

  5  state or federal statute or administrative rule as the

  6  conference determines are needed to support the state

  7  planning, budgeting, and appropriations processes.

  8         2.  In addition, the School Readiness Program

  9  Estimating Conference shall estimate the unduplicated count of

10  children who are eligible for services under the school

11  readiness program.

12         3.  The Florida Partnership for School Readiness shall

13  provide information on needs and waiting lists for school

14  readiness program services requested by the School Readiness

15  Program Estimating Conference or individual conference

16  principals in a timely manner.

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

18  the Director of Economic and Demographic Research, and

19  professional staff who have forecasting expertise from the

20  Florida Partnership for School Readiness, the Department of

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

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

23  are the principals of the School Readiness Program Estimating

24  Conference. The principal representing the Executive Office of

25  the Governor shall preside over sessions of the conference.

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

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

28  shall develop such official information on self-insurance

29  related issues as the conference determines is needed by the

30  state planning and budgeting system.

31


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                                          HB 2377, First Engrossed



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

  2  the coordinator of the Office of Economic and Demographic

  3  Research, and staff directors of the Senate and House of

  4  Representatives committees that have primary responsibility

  5  for legislation dealing with taxation, or their designees, are

  6  the principals of the Self-Insurance Estimating Conference.

  7  The responsibility of presiding over sessions of the

  8  conference shall be rotated among the principals.

  9         (12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION

10  CONFERENCE.--

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

12  Assumption Conference shall develop official information with

13  respect to the economic and noneconomic assumptions and

14  funding methods of the Florida Retirement System necessary to

15  perform the system actuarial study undertaken pursuant to s.

16  121.031(3). Such information shall include:  an analysis of

17  the actuarial assumptions and actuarial methods used in the

18  study and a determination of whether changes to the

19  assumptions or methods need to be made due to experience

20  changes or revised future forecasts.

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

22  the coordinator of the Office of Economic and Demographic

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

24  Representatives who have forecasting expertise, or their

25  designees, are the principals of the Florida Retirement System

26  Actuarial Assumption Conference. The Executive Office of the

27  Governor shall have the responsibility of presiding over the

28  sessions of the conference. The State Board of Administration

29  and the Division of Retirement shall be participants in the

30  conference.

31


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                                          HB 2377, First Engrossed



  1         Section 20.  Subsection (1) of section 216.141, Florida

  2  Statutes, is amended to read:

  3         216.141  Budget system procedures; planning and

  4  programming by state agencies.--

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

  6  consultation with the appropriations committees of the Senate

  7  and House of Representatives, and by utilizing the Florida

  8  Financial Management Information System management data and

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

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

11  provide for continuous planning and programming and for

12  effective management practices for the efficient operations of

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

14  planning and budgeting system shall be limited to the

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

16  216.031, 216.043, 216.121, 216.181, 216.182, and 216.192 and

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

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

19  Legislature Executive Office of the Governor may contract with

20  the Executive Office of the Governor Legislature to develop

21  the planning and budgeting system and to provide services to

22  the Legislature for the support and use of the legislative

23  appropriations system.  The contract shall include the

24  policies and procedures for combining the legislative

25  appropriations system with the planning and budgeting

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

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

28  codes.  The combined legislative appropriations and planning

29  and budgeting information subsystem shall support the

30  legislative appropriations and legislative oversight functions

31  without data code conversion or modification.


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                                          HB 2377, First Engrossed



  1         Section 21.  Subsection (1) of section 216.162, Florida

  2  Statutes, is amended to read:

  3         216.162  Governor's recommended budget to be furnished

  4  to the Legislature; copies to members.--

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

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

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

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

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

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

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

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

13  her recommended balanced budget be submitted at a later time

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

15         Section 22.  Section 216.163, Florida Statutes, is

16  amended to read:

17         216.163  Governor's recommended budget; form and

18  content; declaration of collective bargaining impasses.--

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

20  referenced to the legislative budget requests prescribed in

21  ss. 216.023, 216.031, and 216.043 and shall be consistent with

22  the format of the current fiscal year General Appropriations

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

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

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

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

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

28  shall be entitled "Debt Service."

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

30  include:

31


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                                          HB 2377, First Engrossed



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

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

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

  4  year.  These recommendations shall be displayed by

  5  appropriation category within each budget entity, with detail

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

  7  include the legislative budget request of the corresponding

  8  agency.

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

10  Chief Justice for fixed capital outlay appropriations for the

11  next fiscal year. These recommendations shall be displayed by

12  budget entity and shall also include the legislative budget

13  request of the corresponding agency.

14         2.  For each specific fixed capital outlay project or

15  group of projects or operating capital outlay requests

16  recommended to be funded from a proposed state debt or

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

18  216.164(1)(a) the documents set forth in s. 216.0442(2).

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

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

21  proposed projects as made by the Department of Management

22  Services pursuant to s. 216.044.

23         (d)  A summary statement of the amount of

24  appropriations requested by each state agency and as

25  recommended by the Governor and by the judicial branch.

26         (e)  A distinct listing of all nonrecurring

27  appropriations recommended by the Governor or the Chief

28  Justice.

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

30  calculate the amounts required for salaries, other personal

31  services, expenses, operating capital outlay, electronic data


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                                          HB 2377, First Engrossed



  1  processing, and food products recommended by the Governor or

  2  the Chief Justice.

  3         (g)  Explanations and justification, expressed in terms

  4  of program-effectiveness measures, program-efficiency

  5  measures, workload, productivity adjustments, staffing

  6  standards, and any other criteria needed to evaluate the

  7  delivery of governmental services and to explain the

  8  Governor's recommendations or the Chief Justice's

  9  recommendations, and such other supporting schedules and

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

11  Justice.

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

13  a reconciliation of the Governor's recommendations for the

14  funding of the agency budget and tentative work program with

15  the budget and tentative work program submitted by the

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

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

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

19  information resource management projects which should be

20  subject to special monitoring under s. 282.322. These

21  recommendations shall include proviso language which specifies

22  whether funds are specifically provided to contract for

23  project monitoring, or whether the Auditor General will

24  conduct such project monitoring. When funds are recommended

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

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

27  These funds shall be specifically appropriated and

28  nonrecurring.

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

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

31  recommendations.


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                                          HB 2377, First Engrossed



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

  2  performance-based program budget for approved programs

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

  4  submitted to the Legislature shall be provided in a fashion

  5  that will allow comparison of the requested information with

  6  the agency request and legislative appropriation by the

  7  automated legislative appropriation planning and budgeting

  8  system.

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

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

11  findings of the Office of Program Policy Analysis and

12  Government Accountability, to the extent they are available,

13  request any reports or additional analyses as necessary, and

14  submit a recommendation, which may include a recommendation

15  regarding incentives or disincentives for agency performance.

16  Incentives or disincentives may apply to all or part of a

17  state agency.

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

19         1.  Additional flexibility in budget management, such

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

21  categories, or performance-based program appropriation;

22  consolidation of budget entities or program components;

23  consolidation of appropriation categories; and increased

24  agency transfer authority between appropriation categories or

25  budget entities.

26         2.  Additional flexibility in salary rate and position

27  management.

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

29  balances of appropriations as of June 30, or undisbursed

30  balances as of December 31, excluding special categories and

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


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                                          HB 2377, First Engrossed



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

  2  training, or productivity enhancements, including technology

  3  and other improvements.

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

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

  6  enhancements, including technology and other improvements.

  7         5.  Additional funds provided pursuant to law to be

  8  released to an agency quarterly or incrementally contingent

  9  upon the accomplishment of units of output or outcome

10  specified in the General Appropriations Act.

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

12         1.  Mandatory quarterly reports to the Executive Office

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

14  in meeting performance standards.

15         2.  Mandatory quarterly appearances before the

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

17  report on the agency's progress in meeting performance

18  standards.

19         3.  Elimination or restructuring of the program, which

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

21  outsourcing all or a portion of the program.

22         4.  Reduction of total positions for a program.

23         5.  Restriction on or reduction of the spending

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

25         6.  Reduction of managerial salaries.

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

27  senator and representative with a copy of his or her

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

29  Office of the Governor shall electronically transmit to the

30  legislative appropriations committees the Governor's

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


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                                          HB 2377, First Engrossed



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

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

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

  4  an impasse in all collective bargaining negotiations for which

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

  6  collective bargaining agreement has not been executed.  Within

  7  14 days thereafter, the Governor shall furnish the legislative

  8  appropriations committees with documentation relating to the

  9  last offer he or she made during such collective bargaining

10  negotiations or recommended to a mediator or special master

11  appointed to resolve the impasse.

12         Section 23.  Subsections (1) and (2) of section

13  216.177, Florida Statutes, are amended to read:

14         216.177  Appropriations acts, statement of intent,

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

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

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

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

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

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

21  legislative appropriations committees shall jointly transmit:

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

23  workload measures as appropriate;

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

25  appropriations determined in consultation with the Executive

26  Office of the Governor to be nonrecurring; and

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

28  and (c),

29

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

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


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                                          HB 2377, First Engrossed



  1  each state agency.  The statement of intent constitutes a

  2  manifestation of how the Legislature, in its considered

  3  opinion as a representative of the people, thinks

  4  appropriations should be spent.  The statement of intent is

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

  6  amend or correct any provision, in the General Appropriations

  7  Act, but the statement of intent may provide additional

  8  explanation to the Executive Office of the Governor, the

  9  judicial branch, the Administration Commission, and each

10  affected state agency relative to the purpose, objectives,

11  spending philosophy, and restrictions associated with any

12  specific appropriation.  The statement of intent shall compare

13  the request of the agency or of the judicial branch or the

14  recommendation of the Governor to the funds appropriated for

15  the purpose of establishing intent in the development of the

16  approved operating budget.  A request for additional

17  explanation and direction regarding the legislative intent of

18  the General Appropriations Act during the fiscal year may be

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

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

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

22  necessary.  However, the Comptroller may also request further

23  clarification of legislative intent pursuant to the

24  Comptroller's responsibilities related to his or her preaudit

25  function of expenditures.

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

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

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

29  such notice shall be given to the chairs of the legislative

30  appropriations committees in writing, and shall be delivered

31  to both such chairs at least 14 consecutive days before prior


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                                          HB 2377, First Engrossed



  1  to the action referred to, unless a shorter period is approved

  2  in writing by both such chairs. If the action is solely for

  3  the release of funds appropriated by the Legislature, the

  4  notice shall be delivered at least 3 working days before the

  5  effective date of the action. Action shall not be taken on any

  6  budget item for which this chapter requires notice to the

  7  legislative appropriations committees without such notice

  8  having been provided, even though there may be good cause for

  9  considering such item.

10         (b)  If the chairs of the legislative appropriations

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

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

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

14  Supreme Court, or the Administration Commission that any an

15  action or a proposed action affecting positions or the

16  expenditure of funds subject to the notice and review

17  requirements of this chapter exceeds the delegated authority

18  of the Executive Office of the Governor for the executive

19  branch, the Chief Justice for the judicial branch, or the

20  Administration Commission, respectively, or is contrary to

21  legislative policy and intent, the Governor, the Chief Justice

22  of the Supreme Court, or the Administration Commission shall

23  void such action and instruct the affected state agency or

24  entity of the judicial branch to change immediately its

25  spending action or spending proposal until the Legislature

26  addresses the issue.  The written documentation shall indicate

27  the specific reasons that an action or proposed action exceeds

28  the delegated authority or is contrary to legislative policy

29  and intent.

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

31  provide by rule that any member of the House of


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                                          HB 2377, First Engrossed



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

  2  the President of the Senate or the Speaker of the House of

  3  Representatives or the chair of the respective legislative

  4  appropriations committee to initiate the procedures of

  5  paragraph (b).

  6         Section 24.  Section 216.178, Florida Statutes, is

  7  amended to read:

  8         216.178  General Appropriations Act; format; procedure;

  9  cost statement for new debt or obligation.--

10         (1)  Any information contained in a conference

11  committee report on a general or supplemental appropriations

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

13  committee to implement a general or supplemental

14  appropriations bill and effective for the same period as such

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

16  or special legislative session must be made available to the

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

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

19  House of Representatives.

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

21  and Budgeting shall develop a final budget report that

22  reflects the net appropriations for each budget item.  The

23  report shall reflect actual expenditures for each of the 2

24  preceding fiscal years and the estimated expenditures for the

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

26  actual revenues and cash balances for the preceding 2 fiscal

27  years and the estimated revenues and cash balances for the

28  current fiscal year.  The report may also contain expenditure

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

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

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


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                                          HB 2377, First Engrossed



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

  2  to the Auditor General, and to the public.

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

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

  5  statement which sets forth the estimated cost of each new

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

  7  statement shall be written in substantially the following

  8  form:

  9

10         The General Appropriations Act for fiscal year

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

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

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

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

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

16  estimated that the 5-year operational costs associated with

17  those capital outlay projects to be funded by the incurrence

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

19         Section 25.  Section 216.179, Florida Statutes, is

20  amended to read:

21         216.179  Reinstatement of vetoed appropriations by

22  administrative means prohibited.--After the Governor has

23  vetoed a specific appropriation for an agency or the judicial

24  branch, neither the Governor, the Administration Commission,

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

26  agency, in their various statutory and constitutional roles,

27  may authorize expenditures for or implementation in any manner

28  of the programs that were authorized by the vetoed

29  appropriation.

30         Section 26.  Section 216.181, Florida Statutes, is

31  amended to read:


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                                          HB 2377, First Engrossed



  1         216.181  Approved budgets for operations and fixed

  2  capital outlay.--

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

  4  containing appropriations shall be considered the original

  5  approved operating budgets for operational and fixed capital

  6  expenditures. Amendments to the approved operating budgets for

  7  operational and fixed capital outlay expenditures from state

  8  agencies may be requested only through the Executive Office of

  9  the Governor and approved by the Governor or Administration

10  Commission as provided in this chapter. Amendments from the

11  judicial branch may be requested only through, and approved

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

13  amendments which are necessary to implement the provisions of

14  s. 216.212 or s. 216.221.

15         (2)  Amendments to the original approved operating

16  budgets for operational and fixed capital outlay expenditures

17  must comply with the following guidelines in order to be

18  approved by the Governor or Administration Commission as

19  provided in this chapter for the executive branch and the

20  Chief Justice for the judicial branch:

21         (a)  The amendment must be consistent with legislative

22  policy and intent.

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

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

25  existing program.

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

27  provisions of this chapter, the amendment may not provide

28  funding or increased funding for items which were funded by

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

30  agency or Governor in the legislative budget request or which

31  were vetoed by the Governor.


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                                          HB 2377, First Engrossed



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

  2  must be adequate and appropriate revenues available in the

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

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

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

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

  7  provided in subsection (10) (11).

  8         (e)  The amendment shall not conflict with any

  9  provision of law.

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

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

12  legislative budget request and not funded in the General

13  Appropriations Act.

14         (g)  The amendment must include a written description

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

16  interim budget action is necessary, and the intended recipient

17  of any funds for contracted services.

18         (h)  The amendment must not provide general salary

19  increases which the Legislature has not authorized in the

20  General Appropriations Act or other laws.

21         (3)  All amendments to original approved operating

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

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

24         (4)  An All amendments to the original approved

25  operating budgets, regardless of funding source, are subject

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

27  and must be approved by the Governor and Administration

28  Commission as provided in this chapter for the executive

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

30  amendment is for an information resources management project

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


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                                          HB 2377, First Engrossed



  1  outcome that impacts another agency, or exceeds $1 million

  2  $500,000 in total cost over a 1-year period, except for those

  3  projects that are a continuation of hardware or software

  4  maintenance or software licensing agreements, or that are for

  5  desktop replacement that is similar to the technology

  6  currently in use, or that are an allocation of a lump-sum

  7  appropriation, must be reviewed by the Technology Review

  8  Workgroup pursuant to s. 216.0446 and approved by the

  9  Executive Office of the Governor for the executive branch or

10  by the Chief Justice for the judicial branch and shall be

11  subject to the notice and review procedures set forth in s.

12  216.177.

13         (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 and, special appropriations acts, and the statement of

18  intent before transferring and releasing the balance of a

19  lump-sum appropriation. The provisions of this paragraph are

20  subject to the notice and review procedures set forth in s.

21  216.177.

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

23  without approval of the Administration Commission, state

24  agency budgets to reflect the transferred funds based on the

25  approved plans for lump-sum appropriations.

26

27  The Executive Office of the Governor shall transmit to each

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

29  transmit to each judicial branch component and the

30  Comptroller, any approved amendments to the approved operating

31  budgets.


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

  2  purpose of improved contract administration, authorize the

  3  consolidation of two or more fixed capital outlay

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

  5  Supreme Court for the judicial branch, except for projects

  6  authorized under chapter 235, provided the original scope and

  7  purpose of each project are not changed.

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

  9  Division of Administrative Hearings shall be as set forth in

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

11  the Executive Office of the Governor subject to the provisions

12  of s. 120.65(2).

13         (7)(8)  As part of the approved operating budget, the

14  Executive Office of the Governor shall furnish to each state

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

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

17  annual salary rate for each budget entity containing a salary

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

19  rate and shall be consistent with the General Appropriations

20  Act or special appropriations acts.  The annual salary rate

21  shall be:

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

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

24  authorized positions as specified in the General

25  Appropriations Act and special appropriations acts, or as

26  provided pursuant to s. 216.177.

27         (b)  Controlled by department or agency, except for the

28  annual salary rate for the Department of Education, which

29  shall be controlled by division 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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                                          HB 2377, First Engrossed



  1  the associated positions are also transferred pursuant to s.

  2  216.262(1)(c).

  3         (8)(9)(a)  The calculation for the annual salary rate

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

  5  than the midpoint of the range of the pay grade for the

  6  position or as provided in the General Appropriations Act.

  7         (b)  No agency or entity of the judicial branch may

  8  exceed its maximum approved annual salary rate for the fiscal

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

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

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

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

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

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

15  limit for that budget entity.

16         (9)(a)  Except as provided in paragraph (b), no rate or

17  personnel action taken by an agency or entity of the judicial

18  branch may result in an increase to the total recurring

19  general revenue or trust fund salary and benefit cost of the

20  agency or entity in the subsequent fiscal year.

21         (b)(10)(a)  The Executive Office of the Governor and

22  the Chief Justice of the Supreme Court may increase or

23  decrease the approved salary rate for positions for the

24  purpose of implementing the General Appropriations Act,

25  special appropriations acts, and actions pursuant to s.

26  216.262(1)(a) other adjustments if they are deemed to be

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

28  with legislative intent and policy.  The provisions of this

29  paragraph are subject to the notice and review procedures set

30  forth in s. 216.177.

31


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

  2  specifically appropriated.

  3         (10)(11)  The Executive Office of the Governor may

  4  approve transfers of appropriations in the General

  5  Appropriations Act within any state trust fund of an agency,

  6  and the Chief Justice of the Supreme Court may approve such

  7  transfers for the judicial branch.  The Governor and the Chief

  8  Justice of the Supreme Court may establish nonoperating

  9  budgets if deemed necessary and in the best interest of the

10  state and consistent with legislative intent and policy.  The

11  Executive Office of the Governor and the Chief Justice of the

12  Supreme Court may approve changes in the amounts appropriated

13  from state trust funds in excess of those in the approved

14  operating budget only pursuant to the federal funds provisions

15  of s. 216.212, when grants and donations are received after

16  April 1, or when deemed necessary due to a set of conditions

17  that were unforeseen at the time the General Appropriations

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

19  continue the operation of government. The provisions of this

20  subsection are subject to the notice, review, and objection

21  procedures set forth in s. 216.177.

22         (11)  For purposes of this section, the term

23  "nonoperating budgets" means disbursement authority for

24  purchase of investments, refunds, payments to the United

25  States Treasury, transfers of funds specifically required by

26  law, distributions of assets held by the state in a trustee

27  capacity as an agent or fiduciary, and other such disbursement

28  categories unrelated to the operational expenditures of an

29  agency or entity of the judicial branch, not otherwise

30  appropriated in the General Appropriations Act. There are

31  hereby appropriated nonoperating budgets for refunds, payments


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                                          HB 2377, First Engrossed



  1  to the United States Treasury, payments of the service charge

  2  to the General Revenue Fund, and transfers of funds where the

  3  amounts are specifically identifiable and required by law.

  4  Such authorized budgets, together with related releases, shall

  5  be transmitted by the state agency or by the judicial branch

  6  to the Comptroller for entry in the Comptroller's records in

  7  the manner and format prescribed by the Executive Office of

  8  the Governor in consultation with the Comptroller. A copy of

  9  such authorized budgets shall be furnished to the Executive

10  Office of the Governor or the Chief Justice, the chairs of the

11  legislative appropriations committees, and the Auditor

12  General. The Governor for the executive branch, and the Chief

13  Justice for the judicial branch, may establish nonoperating

14  budgets for transfers, purchase of investments, distributions,

15  and other such nonoperating budget categories as deemed

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

17  with legislative intent and policy. Notwithstanding the

18  provisions of s. 18.125(3)(a) to the contrary, the Governor

19  shall prohibit the investment of certain trust funds when such

20  investment at the trust fund level conflicts with legislative

21  intent and policy. The provisions of this subsection are

22  subject to the notice, review, and objection procedures set

23  forth in s. 216.177.

24         (12)  Each state agency and the judicial branch shall

25  develop the internal management procedures and budgets

26  necessary to assure compliance with the approved operating

27  budget.

28         (13)  The Executive Office of the Governor and the

29  Chief Justice of the Supreme Court shall certify the amounts

30  approved for operations and fixed capital outlay, together

31  with any relevant supplementary materials or information, to


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  1  the Comptroller; and such certification shall be the

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

  3  state agency pursuant to s. 216.192.

  4         (14)  The provisions of this section do not apply to

  5  the budgets for the legislative branch.

  6         (15)(a)  Funds provided in any specific appropriation

  7  in the General Appropriations Act may be advanced if the

  8  General Appropriations Act specifically so provides.

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

10  authorized by the General Appropriations Act or expressly

11  authorized by other law to make advances for program startup

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

13  shall limit such disbursements to other governmental entities

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

15  advanced shall not exceed the expected cash needs of the

16  contractor or recipient within the initial 3 months.

17  Thereafter, disbursements shall only be made on a

18  reimbursement basis.  Any agreement that provides for

19  advancements may contain a clause that permits the contractor

20  or recipient to temporarily invest the proceeds, provided that

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

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

23  amount.  This paragraph does not constitute lawful authority

24  to make any advance payment not otherwise authorized by laws

25  relating to a particular agency or general laws relating to

26  the expenditure or disbursement of public funds.  The

27  Comptroller may, after consultation with the legislative

28  appropriations committees, advance funds beyond a 3-month

29  requirement waive the requirements of this paragraph which

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

31  the intent of the approved operating budget.


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

  2  appropriated to the Department of Children and Family Services

  3  in Specific Appropriations 292 through 425 and the Department

  4  of Health in Specific Appropriations 445 through 540 of the

  5  1999-2000 General Appropriations Act may be advanced, unless

  6  specifically prohibited in such General Appropriations Act,

  7  for those contracted services that were approved for

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

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

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

11         (16)  Notwithstanding any provision of this section to

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

13  Department of Children and Family Services is authorized to

14  use operating funds budgeted for Developmental Services

15  Institutions for fixed capital outlay expenditures as needed

16  to bring any currently unlicensed beds up to Federal

17  Intermediate Care Facility for the Developmentally Disabled

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

19  2000.

20         (17)  Notwithstanding any other provision of this

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

22  only, the Florida Department of Law Enforcement may transfer

23  up to 20 positions and associated budget between budget

24  entities, provided the same funding source is used throughout

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

26  percent of the initial approved salary rate between budget

27  entities, provided the same funding source is used throughout

28  each transfer. The department must provide notice to the

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

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

31


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                                          HB 2377, First Engrossed



  1  Criminal Justice Appropriations for all transfers of positions

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

  3         (18)  Notwithstanding any other provision of this

  4  chapter to the contrary, the Florida Department of

  5  Transportation, in order to facilitate the transfer of

  6  personnel to the new turnpike headquarters location in Orange

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

  8  from other departmental budget entities. The department must

  9  provide documentation of all transfers to the Executive Office

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

11  and the Chairman of the House of Representatives Committee on

12  Transportation and Economic Development Appropriations. This

13  subsection expires July 1, 2000.

14         Section 27.  Section 216.183, Florida Statutes, is

15  amended to read:

16         216.183  Entities using performance-based program

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

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

19  appropriated shall utilize the chart of accounts used by the

20  Florida Accounting Information Resource Subsystem in the

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

22  state agencies and the judicial branch for which a

23  performance-based program budget has been appropriated shall

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

25  the Department of Banking and Finance, and the Executive

26  Office of the Governor, and the chairs of the legislative

27  appropriations committees.

28         Section 28.  Subsection (1) of section 216.192, Florida

29  Statutes, is amended to read:

30         216.192  Release of appropriations; revision of

31  budgets.--


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                                          HB 2377, First Engrossed



  1         (1)  Unless otherwise provided in the General

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

  3  percent of the original approved operating budget of each

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

  5  such time as annual plans for quarterly releases for all

  6  appropriations have been developed, approved, and furnished to

  7  the Comptroller by the Executive Office of the Governor for

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

  9  for the judicial branch.  The plans, including appropriate

10  plans of releases for fixed capital outlay projects that

11  correspond with each project schedule, shall attempt to

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

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

14  shall at no time exceed the total appropriations available to

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

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

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

18  accordance with the release plans prescribed by the Executive

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

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

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

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

23  chairs of the legislative appropriations committees, and the

24  Auditor General. The Comptroller shall authorize all

25  expenditures to be made from the appropriations on the basis

26  of such releases and in accordance with the approved budget,

27  and not otherwise.  Expenditures shall be authorized only in

28  accordance with legislative authorizations. Nothing herein

29  precludes periodic reexamination and revision by the Executive

30  Office of the Governor or by the Chief Justice of the annual

31


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                                          HB 2377, First Engrossed



  1  plans for release of appropriations and the notifications of

  2  the parties of all such revisions.

  3         Section 29.  Section 216.195, Florida Statutes, is

  4  amended to read:

  5         216.195  Impoundment of funds; restricted.--The

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

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

  8  Commission, or any state agency shall not impound any

  9  appropriation except as necessary to avoid or eliminate a

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

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

12  appropriation or part of an appropriation in the approved

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

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

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

16  appropriation for the stated purposes authorized in the

17  approved operating budget. The provisions of this section are

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

19  The Governor or either house of the Legislature may seek

20  judicial review of any action or proposed action which

21  violates the provisions of this section.

22         Section 30.  Section 216.212, Florida Statutes, is

23  amended to read:

24         216.212  Budgets for federal funds; restrictions on

25  expenditure of federal funds.--

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

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

28  develop and implement procedures for accelerating the drawdown

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

30  The Executive Office of the Governor shall establish a

31  clearinghouse for federal programs and activities.  The


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                                          HB 2377, First Engrossed



  1  clearinghouse shall develop the capacity to respond to federal

  2  grant opportunities and to coordinate the use of federal funds

  3  in the state.

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

  5  preparing a budget to be submitted to the Federal Government

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

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

  8  review approval before submitting it to the proper federal

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

10  specifically authorize any agency to submit specific types of

11  grant proposals directly to the Federal Government.

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

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

14  Federal Government for funds, equipment, material, or

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

16  Justice of the Supreme Court for approval before submitting it

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

18  may specifically authorize any court to submit specific types

19  of grant proposals directly to the Federal Government.

20         (2)  When such federal authority has approved the

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

22  shall submit to the Executive Office of the Governor such

23  documentation showing approval as that office prescribes.

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

25  must acknowledge each approved request or budget by entering

26  that approval into an Automated Grant Management System

27  developed in consultation with the chairs of the House of

28  Representatives and Senate appropriations committees.

29         (3)  Federal money appropriated by Congress or received

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

31  by itself or in conjunction with moneys appropriated by the


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                                          HB 2377, First Engrossed



  1  Legislature, may not be expended unless appropriated by the

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

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

  4  with the legislative appropriations committees, approve the

  5  receipt and expenditure of funds from federal sources by state

  6  agencies or by the judicial branch.  Any federal programs

  7  requiring state matching funds which funds were eliminated, or

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

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

10  other fund sources for the State University System which do

11  not carry a continuing commitment of on future appropriations

12  are hereby appropriated for the purpose received.

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

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

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

16  and maintain a means to ensure the compatibility of the

17  Florida Accounting Information Resource Subsystem and the

18  Federal Aid Tracking System.  Any successive systems serving

19  identical or similar functions shall preserve such

20  compatibility.

21         Section 31.  Section 216.216, Florida Statutes, is

22  created to read:

23         216.216  Court settlement funds negotiated by the

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

25  officer or any other counsel representing the interests of the

26  state negotiates settlement amounts to be expended on any

27  state operational or fixed capital outlay issue in the

28  judicial branch or the executive branch, such funds may not be

29  expended unless appropriated by the Legislature to the

30  appropriate agency responsible for the operational or fixed

31  capital outlay issue. When a state agency or officer settles


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                                          HB 2377, First Engrossed



  1  an action in which the state will receive moneys, the funds

  2  shall be placed unobligated in the General Revenue Fund or in

  3  the trust fund that is associated with the agency's or

  4  officer's authority to pursue the legal action. The provisions

  5  of this section are subject to the notice and review

  6  procedures set forth in s. 216.177.

  7         Section 32.  Subsection (2) of section 216.221, Florida

  8  Statutes, is amended to read:

  9         216.221  Appropriations as maximum appropriations;

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

11         (2)  The Legislature may shall annually provide

12  direction in the General Appropriations Act regarding use of

13  the Budget Stabilization Fund and Working Capital Fund to

14  offset General Revenue Fund deficits.

15         Section 33.  Paragraph (a) of subsection (2) of section

16  216.251, Florida Statutes, is amended to read:

17         216.251  Salary appropriations; limitations.--

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

19  indicated in the appropriations acts shall be as provided in

20  one of the following subparagraphs:

21         1.  Within the classification and pay plans provided

22  for in chapter 110.

23         2.  Within the classification and pay plans established

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

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

26  the State Board of Education for academic and academic

27  administrative personnel.

28         3.  Within the classification and pay plan approved and

29  administered by the Board of Regents for those positions in

30  the State University System.

31


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                                          HB 2377, First Engrossed



  1         4.  Within the classification and pay plan approved by

  2  the President of the Senate and the Speaker of the House of

  3  Representatives, or by the Legislative Auditing Committee, as

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

  5         5.  Within the approved classification and pay plan for

  6  the judicial branch.

  7         6.  The salary of all positions not specifically

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

  9  by the Chief Justice for the judicial branch.

10         Section 34.  Paragraphs (a) and (f) of subsection (1)

11  of section 216.262, Florida Statutes, are amended to read:

12         216.262  Authorized positions.--

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

14  total number of authorized positions may not exceed the total

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

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

17  of positions so provided is not sufficient to administer its

18  authorized programs, it may file an application with the

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

20  the office or Chief Justice certifies that there are no

21  authorized positions available for addition, deletion, or

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

23  recommends an increase in the number of positions, the

24  commission or the Chief Justice may, after a public hearing,

25  authorize an increase in the number of positions for the

26  following reasons only:

27         1.  To implement or provide for continuing federal

28  grants or changes in grants not previously anticipated;

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

30         3.  To satisfy new federal regulations or changes

31  therein;


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                                          HB 2377, First Engrossed



  1         4.  To take advantage of opportunities to reduce

  2  operating expenditures or to increase the revenues of the

  3  state or local government; and

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

  5  Legislature through error in drafting the appropriations acts.

  6

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

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

  9  application, the certification, and the final authorization

10  shall be filed with the legislative appropriations committees

11  and with the Auditor General.

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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                                          HB 2377, First Engrossed



  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, meals, telephone services, clothing, shoes,

14  domestic services, laundry services, medical service, use of

15  state-owned vehicles for other than state purposes, moving

16  expenses, and servants paid by the state.

17         Section 35.  Subsection (1) of section 216.271, Florida

18  Statutes, is amended to read:

19         216.271  Revolving funds.--

20         (1)  No revolving fund may be established or increased

21  in amount pursuant to s. 18.101(2), unless approved by the

22  Comptroller.  The purpose and uses of a revolving fund may not

23  be changed without the prior approval of the Comptroller. As

24  used in this section, the term "revolving fund" means a cash

25  fund maintained within or outside the State Treasury and

26  established from an appropriation, to be used by an agency or

27  the judicial branch in making authorized expenditures.

28         Section 36.  Section 216.292, Florida Statutes, is

29  amended to read:

30         216.292  Appropriations nontransferable; exceptions.--

31


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                                          HB 2377, First Engrossed



  1         (1)(a)  Funds provided in the General Appropriations

  2  Act or as otherwise expressly provided by law shall be

  3  expended only for the purpose for which appropriated, except

  4  that if deemed necessary such moneys may be transferred as

  5  provided in subsections (3), (4), and (5) when it is

  6  determined to be in the best interest of the state.

  7  Appropriations for fixed capital outlay may not be expended

  8  for any other purpose, and appropriations may not be

  9  transferred between state agencies, or between a state agency

10  and the judicial branch, unless specifically authorized by

11  law.

12         (b)  For the 1998-1999 fiscal year only, The Department

13  of Children and Family Services and the Agency for Health Care

14  Administration may transfer general revenue funds as necessary

15  to comply with any provision of the General Appropriations Act

16  that requires or specifically authorizes the transfer of

17  general revenue funds between these two agencies. This

18  paragraph is repealed on July 1, 1999.

19         (2)  A lump sum appropriated for a performance-based

20  program must be distributed by the Governor for state agencies

21  or the Chief Justice for the judicial branch into the

22  traditional expenditure categories in accordance with s.

23  216.181(5)(b).  At any time during the year, the agency head

24  or Chief Justice may transfer funds between those categories

25  with no limit on the amount of the transfer. Authorized

26  revisions of the original approved operating budget, together

27  with related changes, if any, must be transmitted by the state

28  agency or by the judicial branch to the Executive Office of

29  the Governor or the Chief Justice, the chairs of the

30  legislative appropriations committees, the Office of Program

31  Policy Analysis and Government Accountability, and the Auditor


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                                          HB 2377, First Engrossed



  1  General. Such authorized revisions shall be consistent with

  2  the intent of the approved operating budget, shall be

  3  consistent with legislative policy and intent, and shall not

  4  conflict with specific spending policies specified in the

  5  General Appropriations Act. The Executive Office of the

  6  Governor shall forward a copy of the revisions within 7

  7  working days to the Comptroller for entry in his or her

  8  records in the manner and format prescribed by the Executive

  9  Office of the Governor in consultation with the Comptroller.

10  Such authorized revisions shall be consistent with the intent

11  of the approved operating budget, shall be consistent with

12  legislative policy and intent, and shall not conflict with

13  specific spending policies specified in the General

14  Appropriations Act. Additionally, subsection (3) shall not

15  apply to programs operating under performance-based program

16  budgeting where a lump sum was appropriated.

17         (3)  The head of each department or the Chief Justice

18  of the Supreme Court, whenever it is deemed necessary by

19  reason of changed conditions, may transfer appropriations

20  funded from identical funding sources, except appropriations

21  for fixed capital outlay, and transfer the amounts included

22  within the total original approved budget and releases as

23  furnished pursuant to ss. 216.181 and 216.192, as follows:

24         (a)  Between categories of appropriations within a

25  budget entity, if no category of appropriation is increased or

26  decreased by more than 5 percent of the original approved

27  budget or $150,000 $25,000, whichever is greater, by all

28  action taken under this subsection.

29         (b)  Additionally, between budget entities within

30  identical categories of appropriations, if no category of

31  appropriation is increased or decreased by more than 5 percent


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                                          HB 2377, First Engrossed



  1  of the original approved budget or $150,000 $25,000, whichever

  2  is greater, by all action taken under this subsection.

  3         (c)  Such authorized revisions must be consistent with

  4  the intent of the approved operating budget, must be

  5  consistent with legislative policy and intent, and must not

  6  conflict with specific spending policies specified in the

  7  General Appropriations Act.

  8

  9  Such authorized revisions, together with related changes, if

10  any, in the plan for release of appropriations, shall be

11  transmitted by the state agency or by the judicial branch to

12  the Comptroller for entry in the Comptroller's records in the

13  manner and format prescribed by the Executive Office of the

14  Governor in consultation with the Comptroller.  A copy of such

15  revision shall be furnished to the Executive Office of the

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

17  committees, 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

22  appropriations categories without limitation so long as such a

23  transfer does not result in an increase to the total recurring

24  general revenue or trust fund cost of the agency or entity of

25  the judicial branch in the subsequent fiscal year:  other

26  personal 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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                                          HB 2377, First Engrossed



  1  be consistent with legislative policy and intent. Notice of

  2  proposed transfers under this authority shall be provided to

  3  the Executive Office of the Governor and the chairs of the

  4  legislative appropriations committees at least 5 working days

  5  prior to their implementation.

  6         (b)  The head of each department or the Chief Justice

  7  of the Supreme Court may transfer funds, from identical

  8  funding sources, between salaries and benefits appropriation

  9  categories within programs identified in the General

10  Appropriations Act. Such transfers must be consistent with

11  legislative policy and intent. Notice of proposed transfers

12  under this authority shall be provided to the Executive Office

13  of the Governor and the chairs of the legislative

14  appropriations committees at least 5 working days prior to

15  their implementation. The head of each department or the Chief

16  Justice of the Supreme Court, whenever it is deemed necessary

17  by reason of changed conditions, may transfer funds,

18  positions, and salary rate within and between program budget

19  entities with performance-based program appropriations as

20  defined in s. 216.011(1)(xx). Such transfers may include

21  appropriations from any operating category, except

22  appropriations for fixed capital outlay. However, the total

23  program funds, positions, and salary rate shall not be

24  increased or decreased by more than 5 percent by all action

25  taken under this section. Authorized revisions of the original

26  approved operating budget, together with related changes, if

27  any, must be transmitted by the state agency or by the

28  judicial branch to the Executive Office of the Governor or the

29  Chief Justice, the chairs of the legislative appropriations

30  committees, the Office of Program Policy Analysis and

31  Government Accountability, and the Auditor General. Such


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                                          HB 2377, First Engrossed



  1  authorized revisions shall be consistent with legislative

  2  policy and intent and shall not conflict with specific

  3  spending policies specified in the General Appropriations Act.

  4  The Executive Office of the Governor shall forward a copy of

  5  the revisions within 7 working days to the Comptroller for

  6  entry in his or her records in the manner and format

  7  prescribed by the Executive Office of the Governor in

  8  consultation with the Comptroller.

  9         (5)(a)  Transfers of appropriations for operations from

10  the General Revenue Fund in excess of those provided in

11  subsections (3) and (4) but within a state agency or within

12  the judicial branch may be authorized by the commission for

13  the executive branch and the Chief Justice for the judicial

14  branch, pursuant to the request of the agency filed with the

15  Executive Office of the Governor, or pursuant to the request

16  of an entity of the judicial branch filed with the Chief

17  Justice of the Supreme Court, if deemed necessary and in the

18  best interest of the state and consistent with legislative

19  policy and intent.  The provisions of this paragraph are

20  subject to the notice, review, and objection procedures set

21  forth in s. 216.177.

22         (b)  When an appropriation for a named fixed capital

23  outlay project is found to be in excess of that needed to

24  complete that project, at the request of the Executive Office

25  of the Governor for state agencies or the Chief Justice of the

26  Supreme Court for the judicial branch the excess may be

27  transferred, with the approval of the commission or the Chief

28  Justice, to another project for which there has been an

29  appropriation in the same fiscal year from the same fund and

30  within the same department where a deficiency is found to

31  exist.  Further, a fixed capital outlay project may not be


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                                          HB 2377, First Engrossed



  1  initiated without a specific legislative appropriation, nor

  2  may the scope of a fixed capital outlay project be changed by

  3  the transfer of funds.  The provisions of this paragraph are

  4  subject to the notice, review, and objection procedures set

  5  forth in s. 216.177.

  6         (c)  Federal funds for fixed capital outlay projects

  7  for the Department of Military Affairs which do not carry a

  8  continuing commitment of future appropriations by the

  9  Legislature may be approved by the Executive Office of the

10  Governor for the purpose received. The provisions of this

11  paragraph are subject to the notice, review, and objection

12  procedures set forth in s. 216.177.

13         (6)  Upon request of a department to, and approval by,

14  the Comptroller, funds appropriated may be transferred to

15  accounts established for disbursement purposes upon release of

16  such appropriation.  Such transfer may only be made to the

17  same appropriation category and the same funding source from

18  which the funds are transferred.

19         (7)  Any transfers from the Working Capital Fund to the

20  General Revenue Fund may be approved provided such transfers

21  were identified or contemplated by the Legislature in the

22  original approved budget.

23         (8)(a)  Should any state agency or the judicial branch

24  become more than 90 days delinquent on reimbursements due to

25  the Unemployment Compensation Trust Fund, the Department of

26  Labor and Employment Security shall certify to the Comptroller

27  the amount due; and the Comptroller shall transfer the amount

28  due to the Unemployment Compensation Trust Fund from any funds

29  of the agency available.

30         (b)  Should any state agency or the judicial branch

31  become more than 90 days delinquent in paying the Division of


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                                          HB 2377, First Engrossed



  1  Risk Management of the Department of Insurance for insurance

  2  coverage, the Department of Insurance may certify to the

  3  Comptroller the amount due; and the Comptroller shall transfer

  4  the amount due to the Division of Risk Management from any

  5  funds of the agency or the judicial branch available.

  6         (9)  Moneys appropriated in the General Appropriations

  7  Act for the purpose of paying for services provided by the

  8  state communications system in the Department of Management

  9  Services shall be paid by the user agencies, or the judicial

10  branch, within 45 days after the billing date.  Billed amounts

11  not paid by the user agencies, or by the judicial branch,

12  shall be transferred by the Comptroller from the user agencies

13  to the Communications Working Capital Trust Fund.

14         (10)  The Comptroller shall report all such transfers

15  and the reasons for such transfers to the legislative

16  appropriations committees and the Executive Office of the

17  Governor.

18         (11)  Where any reorganization has been authorized by

19  the Legislature and the necessary adjustments of

20  appropriations and positions have not been provided in the

21  General Appropriations Act, the Administration Commission may

22  approve, consistent with legislative policy and intent, the

23  necessary transfers to accomplish the purposes of such

24  reorganization within state agencies.  The Chief Justice of

25  the Supreme Court may approve such transfers for the judicial

26  branch. This subsection is subject to the notice and review

27  procedures set forth in s. 216.177.

28         Section 37.  Section 216.348, Florida Statutes, is

29  created to read:

30         216.348  Fixed capital outlay grants and aids

31  appropriations to certain nonprofit entities.--If a bill


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                                          HB 2377, First Engrossed



  1  appropriating a fixed capital outlay grants and aids

  2  appropriation requires compliance with this section, the

  3  following conditions shall apply, except to the extent that

  4  such bill modifies these conditions:

  5         (1)  As used in this section, the term:

  6         (a)  "Administering agency" means the governmental

  7  agency or entity which is charged by the bill appropriating

  8  the fixed capital outlay grants and aids appropriation to a

  9  grantee with administering that appropriation.

10         (b)  "Grant" means a fixed capital outlay grants and

11  aids appropriation to a nonprofit entity other than a

12  governmental entity.

13         (c)  "Grantee" means a nonprofit entity, other than a

14  governmental entity, to which the Legislature has appropriated

15  over $50,000 pursuant to a fixed capital outlay grants and

16  aids appropriation.

17         (2)  Prior to the receipt of any grant money from the

18  administering agency, a grantee must provide the administering

19  agency with an affidavit by an officer or director of the

20  grantee certifying under oath that the grantee is a nonprofit

21  entity and must execute a written agreement with the

22  administering agency, in a form approved by the administering

23  agency, pursuant to subsection (3).

24         (3)(a)  If the grantee is acquiring real property with

25  the grant, or if the grantee owns the real property upon which

26  an improvement is being constructed, renovated, altered,

27  modified, or maintained with the grant, the grantee must

28  execute, deliver, and record in the county in which the

29  subject property is located an agreement that:

30         1.  States a correct legal description of the real

31  property.


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  1         2.  Sets forth with specificity the buildings,

  2  appurtenances, fixtures, fixed equipment, structures,

  3  improvements, renovations, and personalty to be purchased

  4  pursuant to the grant.

  5         3.  During the term of the agreement, prohibits the

  6  grantee from selling, transferring, mortgaging, or assigning

  7  the grantee's interest in the real property, unless the

  8  administering agency approves the sale, transfer, mortgage, or

  9  assignment; and, in the case of sale, transfer, or assignment,

10  the purchaser, transferor, or assignee must fully assume, in

11  writing, all of the terms and conditions of the agreement

12  required by this subsection. The administering agency, at its

13  discretion, may agree to subordination to a mortgage.

14         (b)  If the grantee is not acquiring real property, or

15  does not own the real property being improved, the agreement

16  shall:

17         1.  Specify the leasehold or other real property

18  interest the grantee has in the real property.

19         2.  State the name of the owner of the real property.

20         3.  Describe the relationship between the owner of the

21  real property and the grantee.

22         4.  Set forth with specificity the improvements,

23  renovations, and personalty to be purchased pursuant to the

24  grant.

25         5.  During the term of the agreement, prohibit the

26  grantee from selling, transferring, mortgaging, or assigning

27  the grantee's interest in the leasehold, improvements,

28  renovations, or personalty, unless the administering agency

29  approves the sale, transfer, mortgage, or assignment; and, in

30  the case of sale, transfer, or assignment, the purchaser,

31  transferor, or assignee must fully assume, in writing, all of


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                                          HB 2377, First Engrossed



  1  the terms and conditions of the agreement required by this

  2  subsection. Additionally, the grantee shall execute and

  3  deliver a security instrument, financing statement, or other

  4  appropriate document securing the interest of the

  5  administering agency in the improvements, renovations, and

  6  personalty associated with the grant. The administering

  7  agency, in its discretion, may agree to subordination or

  8  modification of a security interest.

  9         (c)  All agreements required by this subsection shall:

10         1.  Require the grantee to continue the operation,

11  maintenance, repair, and administration of the property in

12  accordance with the purposes for which the funds were

13  originally appropriated and for the period of time expressly

14  specified by the bill appropriating the grant. If the bill

15  appropriating the grant does not specify a time period, the

16  administering agency shall determine a reasonable period of

17  time.

18         2.  Provide that if the grantee fails, during the term

19  of the agreement, to operate, maintain, repair, and administer

20  the property in accordance with the purposes for which the

21  funds were originally granted, the grantee shall return to the

22  administering agency, no later than upon demand by the

23  administering agency, an amount calculated as follows:

24         a.  If the bill appropriating the grant states a

25  specific repayment formula, that formula shall be used;

26         b.  If the bill appropriating the grant states a

27  specific period of time but does not specify a repayment

28  formula, the amount to be returned shall be calculated on a

29  pro rata basis for that period of time; or

30         c.  If the bill appropriating the grant does not state

31  a specific period of time or formula, the amount to be


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                                          HB 2377, First Engrossed



  1  returned shall be specified by the administering agency, which

  2  shall be no less than the full amount of the grant less

  3  $100,000 or 10 percent of the grant, whichever is more, for

  4  each full year for which the property was used for such

  5  purposes.

  6

  7  The administering agency shall deposit all funds returned by

  8  the grantee into the state fund from which the grant was

  9  originally made.

10         3.  Require that the grantee adopt an accounting

11  system, in compliance with generally accepted accounting

12  principles, which shall provide for a complete record of the

13  use of the grant money. In addition, the provisions of s.

14  216.3491 shall apply.

15         4.  Provide that the grantee shall indemnify, defend,

16  and hold the administering agency harmless from and against

17  any and all claims or demands for damages resulting from

18  personal injury, including death or damage to property,

19  arising out of or relating to the subject property or the use

20  of the grant money. The agreement shall require the grantee to

21  purchase and maintain insurance on behalf of directors,

22  officers, and employees of the grantee against any personal

23  liability or accountability by reason of actions taken while

24  acting within the scope of their authority. The administering

25  agency shall be immune from civil or criminal liability

26  resulting from acts or omissions of the grantee and the

27  grantee's agents, employees, or assigns.

28         5.  Require the grantee to return any portion of the

29  grant money received that is not necessary to the purchase of

30  the land, or to the cost of the improvements, renovations, and

31  personalty, for which the grant was awarded.


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                                          HB 2377, First Engrossed



  1         (d)  The administering agency may:

  2         1.  Require that, during any term or period of

  3  construction, or until such time as the grant money is fully

  4  and properly spent according to the bill appropriating the

  5  grant, the grantee obtain a blanket fidelity bond, in the

  6  amount of the grant, issued by a company authorized and

  7  licensed to do business in this state, which will reimburse

  8  the administering agency in the event that anyone handling the

  9  grant moneys either misappropriates or absconds with the grant

10  moneys. All employees handling the grant moneys must be

11  covered by the bond.

12         2.  Include any other term or condition the

13  administering agency deems reasonable and necessary for the

14  effective and efficient administration of the grant.

15         3.  Modify any condition required by this subsection,

16  provided the administering agency deems that such modification

17  is necessary in order to best effectuate the purpose of the

18  grant and provided the bill appropriating the grant, or

19  applicable law, does not otherwise require.

20         (e)  The agreement must provide that the administering

21  agency shall execute a satisfaction of the agreement in

22  recordable form upon full compliance by the grantee with the

23  terms of the agreement.

24         Section 38.  Subsection (2) of section 120.65, Florida

25  Statutes, is amended to read:

26         120.65  Administrative law judges.--

27         (2)  The director has the right to appeal actions by

28  the Executive Office of the Governor that affect amendments to

29  the division's approved operating budget or any personnel

30  actions pursuant to chapter 216 to the Administration

31  Commission, which shall decide such issue by majority vote.


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  1  The appropriations committees may advise the Administration

  2  Commission on the issue. If the President of the Senate and

  3  the Speaker of the House of Representatives object in writing

  4  to the effects of the appeal, the appeal may be affirmed by

  5  the affirmative vote of two-thirds of the commission members

  6  present.  The failure of the Executive Office of the Governor

  7  to act on a request for action by the director within 21 days

  8  after receiving a written request constitutes approval of the

  9  request.

10         Section 39.  Subsection (3) of section 121.031, Florida

11  Statutes, is amended to read:

12         121.031  Administration of system; appropriation;

13  oaths; actuarial studies; public records.--

14         (3)  The administrator shall cause an actuarial study

15  of the system to be made at least once every 2 years and shall

16  report the results of such study to the Legislature by

17  February 1 prior to the next legislative session.

18         (a)  The study shall, at a minimum, conform to the

19  requirements of s. 112.63, with the following exceptions and

20  additions:

21         (a)1.  The valuation of plan assets shall be based on a

22  5-year averaging methodology such as that specified in the

23  United States Department of Treasury Regulations, 26 C.F.R. s.

24  1.412(c)(2)-1, or a similar accepted approach designed to

25  attenuate fluctuations in asset values.

26         (b)2.  The study shall include a narrative explaining

27  the changes in the covered group over the period between

28  actuarial valuations and the impact of those changes on

29  actuarial results.

30         (c)3.  When substantial changes in actuarial

31  assumptions have been made, the study shall reflect the


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                                          HB 2377, First Engrossed



  1  results of an actuarial assumption as of the current date

  2  based on the assumptions utilized in the prior actuarial

  3  report.

  4         (d)4.  The study shall include an analysis of the

  5  changes in actuarial valuation results by the factors

  6  generating those changes.  Such analysis shall reconcile the

  7  current actuarial valuation results with those results from

  8  the prior valuation.

  9         (e)5.  The study shall include measures of funding

10  status and funding progress designed to facilitate the

11  assessment of trends over several actuarial valuations with

12  respect to the overall solvency of the system. Such measures

13  shall be adopted by the division and shall be used

14  consistently in all actuarial valuations performed on the

15  system.

16         (b)  The Florida Retirement System Actuarial Assumption

17  Conference which is hereby created shall by consensus develop

18  official information with respect to the economic and

19  noneconomic assumptions and funding methods of the Florida

20  Retirement System necessary to perform the study. Such

21  information shall include: an analysis of the actuarial

22  assumptions and actuarial methods and a determination of

23  whether changes to the assumptions or methods need to be made

24  due to experience changes or revised future forecasts. The

25  members of the conference shall include the Executive Office

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

27  Demographic Research, and professional staff of the Senate and

28  House of Representatives who have forecasting expertise, or

29  their designees.  The Executive Office of the Governor shall

30  have the responsibility of presiding over the sessions of the

31  conference.  The State Board of Administration and the


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                                          HB 2377, First Engrossed



  1  Division of Retirement shall be participants, as defined in s.

  2  216.134, in the conference.

  3         Section 40.  Paragraph (c) of subsection (2) of section

  4  186.002, Florida Statutes, is amended to read:

  5         186.002  Findings and intent.--

  6         (2)  It is the intent of the Legislature that:

  7         (c)  Long-range program State agency strategic plans

  8  shall be effectively coordinated to ensure the establishment

  9  of appropriate agency priorities and facilitate the orderly,

10  positive management of agency programs activities consistent

11  with the public interest.  It is also intended that the

12  implementation of state and regional plans enhance the quality

13  of life of the citizens of the state.

14         Section 41.  Subsection (7) of section 186.003, Florida

15  Statutes, is repealed.

16         Section 42.  Subsection (6) of section 186.006, Florida

17  Statutes, is amended to read:

18         186.006  Powers and responsibilities of Executive

19  Office of the Governor.--For the purpose of establishing

20  consistency and uniformity in the state and regional planning

21  process and in order to ensure that the intent of ss.

22  186.001-186.031 and 186.801-186.901 is accomplished, the

23  Executive Office of the Governor shall:

24         (6)  Prepare or direct appropriate state or regional

25  agencies to prepare such studies, reports, data collections,

26  or analyses as are necessary or useful in the preparation or

27  revision of the state comprehensive plan, long-range program

28  state agency functional plans, or strategic regional policy

29  plans.

30         Section 43.  Subsection (6) of section 186.007, Florida

31  Statutes, is amended to read:


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                                          HB 2377, First Engrossed



  1         186.007  State comprehensive plan; preparation;

  2  revision.--

  3         (6)  The adopted state comprehensive plan shall

  4  provide, in addition to other criteria established by law,

  5  standards and criteria for the review and approval of

  6  long-range program state agency strategic plans and strategic

  7  regional policy plans.

  8         Section 44.  Section 186.021, Florida Statutes, is

  9  amended to read:

10         (Substantial rewording of section.  See

11         s. 186.021, F.S., for present text.)

12         186.021  Long-range program plans.--Pursuant to s.

13  216.013, each state agency shall develop a long-range program

14  plan on an annual basis. The plan shall provide the framework

15  and context for designing and interpreting the legislative

16  budget request. The plan shall be developed through careful

17  examination and justification of programs and their associated

18  costs. It shall be used by an agency to implement the state's

19  goals and objectives consistent with general law and the

20  General Appropriations Act. Indicators shall be developed to

21  measure program performance.

22         Section 45.  Section 186.022, Florida Statutes, is

23  amended to read:

24         (Substantial rewording of section.  See

25         s. 186.022, F.S., for present text.)

26         186.022  Information resource strategic plans.--

27         (1)  By June 1 of each year, the Geographic Information

28  Board, the Financial Management Information Board, the

29  Criminal and Juvenile Justice Information Systems Council, and

30  the Health Information Systems Council shall each develop and

31  submit an information resource strategic plan to the Executive


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  1  Office of the Governor in a form and manner prescribed in

  2  written instructions prepared by the Executive Office of the

  3  Governor in consultation with the chairs of the legislative

  4  appropriations committees. The Executive Office of the

  5  Governor shall review those strategic plans and may provide

  6  comments within 30 days. In its review, the Executive Office

  7  of the Governor shall consider all comments and findings of

  8  the Technology Review Workgroup as to the consistency of the

  9  information technology with the State Annual Report on

10  Information Resources Management and statewide policies

11  recommended by the State Technology Council. If revisions are

12  required, the boards and councils have 30 days to incorporate

13  all revisions required by the Executive Office of the Governor

14  and return their plans.

15         (2)  Procedures for resolution of disputes shall be

16  established by the Executive Office of the Governor.

17         Section 46.  Paragraph (b) of subsection (1) of section

18  186.502, Florida Statutes, is amended to read:

19         186.502  Legislative findings; public purpose.--

20         (1)  The Legislature finds and declares that:

21         (b)  There is a need for regional planning agencies to

22  assist local governments to resolve their common problems,

23  engage in areawide comprehensive and long-range program

24  functional planning, administer certain federal and state

25  grants-in-aid, and provide a regional focus in regard to

26  multiple programs undertaken on an areawide basis.

27         Section 47.  Subsection (1) of section 186.901, Florida

28  Statutes, is amended to read:

29         186.901  Population census determination.--

30         (1)  The Office of Economic and Demographic Research

31  shall annually provide to the Executive Office of the


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  1  Governor, either through its own resources or by contract,

  2  shall produce population estimates of local governmental units

  3  as of April 1 of each year, utilizing accepted statistical

  4  practices. The population of local governments provided by the

  5  Office of Economic and Demographic Research, as determined by

  6  the Executive Office of the Governor, shall apply to any

  7  revenue-sharing formula with local governments under the

  8  provisions of ss. 218.20-218.26, part II of chapter 218. The

  9  Office of Economic and Demographic Research shall additionally

10  provide the Executive Office of the Governor population

11  estimates for municipal annexations or consolidations

12  occurring during the period April 1 through February 28, and

13  the Executive Office of the Governor shall determine the

14  population count of the annexed areas as of April 1 and

15  include these estimates such in its certification to the

16  Department of Revenue for the annual revenue-sharing

17  calculation.

18         Section 48.  Paragraph (v) is added to subsection (1)

19  of section 215.22, Florida Statutes, to read:

20         215.22  Certain income and certain trust funds

21  exempt.--

22         (1)  The following income of a revenue nature or the

23  following trust funds shall be exempt from the deduction

24  required by s. 215.20(1):

25         (v)  Each Tobacco Settlement Trust Fund administered by

26  a state agency.

27         Section 49.  Subsection (2) of section 252.37, Florida

28  Statutes, is amended to read:

29         252.37  Financing.--

30         (2)  It is the legislative intent that the first

31  recourse be made to funds regularly appropriated to state and


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  1  local agencies.  If the Governor finds that the demands placed

  2  upon these funds in coping with a particular disaster declared

  3  by the Governor as a state of emergency are unreasonably

  4  great, she or he may make funds available by transferring and

  5  expending moneys appropriated for other purposes, by

  6  transferring and expending moneys out of any unappropriated

  7  surplus funds, or from the Budget Stabilization Fund or

  8  Working Capital Fund.  Following the expiration or termination

  9  of the state of emergency, the Governor may process a budget

10  amendment under the notice and review procedures set forth in

11  s. 216.177 to transfer moneys to satisfy the budget authority

12  granted for such emergency.

13         Section 50.  Paragraph (a) of subsection (3) of section

14  11.45, Florida Statutes, is amended to read:

15         11.45  Definitions; duties; audits; reports.--

16         (3)(a)1.  The Auditor General shall annually make

17  financial audits of the accounts and records of all state

18  agencies, as defined in this section, of all district school

19  boards in counties with populations of fewer than 125,000,

20  according to the most recent federal decennial statewide

21  census, and of all district boards of trustees of community

22  colleges. The Auditor General shall, at least every other

23  year, make operational audits of the accounts and records of

24  all state agencies, as defined in this section. The Auditor

25  General shall, at least once every 3 years, make financial

26  audits of the accounts and records of all district school

27  boards in counties with populations of 125,000 or more. For

28  each of the 2 years that the Auditor General does not make the

29  financial audit, each district school board shall contract for

30  an independent certified public accountant to perform a

31  financial audit as defined in paragraph (1)(b). This section


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  1  does not limit the Auditor General's discretionary authority

  2  to conduct performance audits of these governmental entities

  3  as authorized in subparagraph 3. A district school board may

  4  select an independent certified public accountant to perform a

  5  financial audit as defined in paragraph (1)(b) notwithstanding

  6  the notification provisions of this section. In addition, a

  7  district school board may employ an internal auditor to

  8  perform ongoing financial verification of the financial

  9  records of a school district, who must report directly to the

10  district school board or its designee. The Auditor General

11  shall, at a minimum, provide to the successor independent

12  certified public accountant of a district school board the

13  prior year's working papers, including documentation of

14  planning, internal control, audit results, and other matters

15  of continuing accounting and auditing significance, such as

16  the working paper analysis of balance sheet accounts and those

17  relating to contingencies.

18         2.  Each charter school established under s. 228.056

19  shall have an annual financial audit of its accounts and

20  records completed within 12 months after the end of its fiscal

21  year by an independent certified public accountant retained by

22  it and paid from its funds. The independent certified public

23  accountant who is selected to perform an annual financial

24  audit of the charter school shall provide a copy of the audit

25  report to the district school board, the Department of

26  Education, and the Auditor General. A management letter must

27  be prepared and included as a part of each financial audit

28  report. The Auditor General may, pursuant to his or her own

29  authority or at the direction of the Joint Legislative

30  Auditing Committee, conduct an audit of a charter school.

31


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  1         3.  The Auditor General may at any time make financial

  2  audits and performance audits of the accounts and records of

  3  all governmental entities created pursuant to law.  The audits

  4  referred to in this subparagraph must be made whenever

  5  determined by the Auditor General, whenever directed by the

  6  Legislative Auditing Committee, or whenever otherwise required

  7  by law or concurrent resolution.  A district school board,

  8  expressway authority, or bridge authority may require that the

  9  annual financial audit of its accounts and records be

10  completed within 12 months after the end of its fiscal year.

11  If the Auditor General is unable to meet that requirement, the

12  Auditor General shall notify the school board, the expressway

13  authority, or the bridge authority pursuant to subparagraph 5.

14         4.  The Office of Program Policy Analysis and

15  Government Accountability within the Office of the Auditor

16  General shall maintain a schedule of performance audits of

17  state programs. In conducting a performance audit of a state

18  program, the Office of Program Policy Analysis and Government

19  Accountability, when appropriate, shall identify and comment

20  upon alternatives for accomplishing the goals of the program

21  being audited. Such alternatives may include funding

22  techniques and, if appropriate, must describe how other states

23  or governmental units accomplish similar goals.

24         5.  If by July 1 in any fiscal year a district school

25  board or local governmental entity has not been notified that

26  a financial audit for that fiscal year will be performed by

27  the Auditor General pursuant to subparagraph 3., each

28  municipality with either revenues or expenditures of more than

29  $100,000, each special district with either revenues or

30  expenditures of more than $50,000, and each county agency

31  shall, and each district school board may, require that an


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  1  annual financial audit of its accounts and records be

  2  completed, within 12 months after the end of its respective

  3  fiscal year, by an independent certified public accountant

  4  retained by it and paid from its public funds.  An independent

  5  certified public accountant who is selected to perform an

  6  annual financial audit of a school district must report

  7  directly to the district school board or its designee. A

  8  management letter must be prepared and included as a part of

  9  each financial audit report. Each local government finance

10  commission, board, or council, and each municipal power

11  corporation, created as a separate legal or administrative

12  entity by interlocal agreement under s. 163.01(7), shall

13  provide the Auditor General, within 12 months after the end of

14  its fiscal year, with an annual financial audit report of its

15  accounts and records and a written statement or explanation or

16  rebuttal concerning the auditor's comments, including

17  corrective action to be taken. The county audit shall be one

18  document that includes a separate audit of each county agency.

19  The county audit must include an audit of the deposits into

20  and expenditures from the Public Records Modernization Trust

21  Fund. The Auditor General shall tabulate the results of the

22  audits of the Public Records Modernization Trust Fund and

23  report a summary of the audits to the Legislature annually.

24         6.  The governing body of a municipality, special

25  district, or charter school must establish an auditor

26  selection committee and competitive auditor selection

27  procedures. The governing board may elect to use its own

28  competitive auditor selection procedures or the procedures

29  outlined in subparagraph 7.

30         7.  The governing body of a noncharter county or

31  district school board that retains a certified public


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  1  accountant must establish an auditor selection committee and

  2  select an independent certified public accountant according to

  3  the following procedure:

  4         a.  For each noncharter county, the auditor selection

  5  committee must consist of the county officers elected pursuant

  6  to s. 1(d), Art. VIII of the State Constitution, and one

  7  member of the board of county commissioners or its designee.

  8         b.  The committee shall publicly announce, in a uniform

  9  and consistent manner, each occasion when auditing services

10  are required to be purchased. Public notice must include a

11  general description of the audit and must indicate how

12  interested certified public accountants can apply for

13  consideration.

14         c.  The committee shall encourage firms engaged in the

15  lawful practice of public accounting who desire to provide

16  professional services to submit annually a statement of

17  qualifications and performance data.

18         d.  Any certified public accountant desiring to provide

19  auditing services must first be qualified pursuant to law. The

20  committee shall make a finding that the firm or individual to

21  be employed is fully qualified to render the required

22  services. Among the factors to be considered in making this

23  finding are the capabilities, adequacy of personnel, past

24  record, and experience of the firm or individual.

25         e.  The committee shall adopt procedures for the

26  evaluation of professional services, including, but not

27  limited to, capabilities, adequacy of personnel, past record,

28  experience, results of recent external quality control

29  reviews, and such other factors as may be determined by the

30  committee to be applicable to its particular requirements.

31


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  1         f.  The public must not be excluded from the

  2  proceedings under this subparagraph.

  3         g.  The committee shall evaluate current statements of

  4  qualifications and performance data on file with the

  5  committee, together with those that may be submitted by other

  6  firms regarding the proposed audit, and shall conduct

  7  discussions with, and may require public presentations by, no

  8  fewer than three firms regarding their qualifications,

  9  approach to the audit, and ability to furnish the required

10  services.

11         h.  The committee shall select no fewer than three

12  firms deemed to be the most highly qualified to perform the

13  required services after considering such factors as the

14  ability of professional personnel; past performance;

15  willingness to meet time requirements; location; recent,

16  current, and projected workloads of the firms; and the volume

17  of work previously awarded to the firm by the agency, with the

18  object of effecting an equitable distribution of contracts

19  among qualified firms, provided such distribution does not

20  violate the principle of selection of the most highly

21  qualified firms.  If fewer than three firms desire to perform

22  the services, the committee shall recommend such firms as it

23  determines to be qualified.

24         i.  If the governing board receives more than one

25  proposal for the same engagement, the board may rank, in order

26  of preference, the firms to perform the engagement.  The firm

27  ranked first may then negotiate a contract with the board

28  giving, among other things, a basis of its fee for that

29  engagement.  If the board is unable to negotiate a

30  satisfactory contract with that firm, negotiations with that

31  firm shall be formally terminated, and the board shall then


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  1  undertake negotiations with the second-ranked firm. Failing

  2  accord with the second-ranked firm, negotiations shall then be

  3  terminated with that firm and undertaken with the third-ranked

  4  firm. Negotiations with the other ranked firms shall be

  5  undertaken in the same manner.  The board, in negotiating with

  6  firms, may reopen formal negotiations with any one of the

  7  three top-ranked firms, but it may not negotiate with more

  8  than one firm at a time. The board shall also negotiate on the

  9  scope and quality of services. In making such determination,

10  the board shall conduct a detailed analysis of the cost of the

11  professional services required in addition to considering

12  their scope and complexity. For contracts over $50,000, the

13  board shall require the firm receiving the award to execute a

14  truth-in-negotiation certificate stating that the rates of

15  compensation and other factual unit costs supporting the

16  compensation are accurate, complete, and current at the time

17  of contracting. Such certificate shall also contain a

18  description and disclosure of any understanding that places a

19  limit on current or future years' audit contract fees,

20  including any arrangements under which fixed limits on fees

21  will not be subject to reconsideration if unexpected

22  accounting or auditing issues are encountered. Such

23  certificate shall also contain a description of any services

24  rendered by the certified public accountant or firm of

25  certified public accountants at rates or terms that are not

26  customary.  Any auditing service contract under which such a

27  certificate is required must contain a provision that the

28  original contract price and any additions thereto shall be

29  adjusted to exclude any significant sums by which the board

30  determines the contract price was increased due to inaccurate

31  or incomplete factual unit costs.  All such contract


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  1  adjustments shall be made within 1 year following the end of

  2  the contract.

  3         j.  If the board is unable to negotiate a satisfactory

  4  contract with any of the selected firms, the committee shall

  5  select additional firms, and the board shall continue

  6  negotiations in accordance with this subsection until an

  7  agreement is reached.

  8         8.  At the conclusion of the audit field work, the

  9  independent certified public accountant shall discuss with the

10  head of each local governmental entity or the chair's designee

11  or with the chair of the district school board or the chair's

12  designee, or with the chair of the board of the charter school

13  or the chair's designee, as appropriate, all of the auditor's

14  comments that will be included in the audit report.  If the

15  officer is not available to discuss the auditor's comments,

16  their discussion is presumed when the comments are delivered

17  in writing to his or her office. The auditor shall notify each

18  member of the governing body of a local governmental entity

19  for which deteriorating financial conditions exist which may

20  cause a condition described in s. 218.503(1) to occur if

21  actions are not taken to address such conditions.

22         9.  The officer's written statement of explanation or

23  rebuttal concerning the auditor's comments, including

24  corrective action to be taken, must be filed with the

25  governing body of the local governmental entity, district

26  school board, or charter school within 30 days after the

27  delivery of the financial audit report.

28         10.  The Auditor General, in consultation with the

29  Board of Accountancy, shall adopt rules for the form and

30  conduct of all financial audits subject to this section and

31  conducted by independent certified public accountants. The


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  1  Auditor General, in consultation with the Department of

  2  Education, shall develop a compliance supplement for the

  3  financial audit of a district school board conducted by an

  4  independent certified public accountant. The rules for audits

  5  of local governmental entities and district school boards must

  6  include, but are not limited to, requirements for the

  7  reporting of information necessary to carry out the purposes

  8  of the Local Government Financial Emergencies Act as stated in

  9  s. 218.501.

10         11.  Any local governmental entity or district school

11  board financial audit report required under subparagraph 5. or

12  charter school financial audit report required under

13  subparagraph 2. and the officer's written statement of

14  explanation or rebuttal concerning the auditor's comments,

15  including corrective action to be taken, must be submitted to

16  the Auditor General within 45 days after delivery of the audit

17  report to the local governmental entity, district school

18  board, or charter school, but no later than 12 months after

19  the end of the fiscal year. If the Auditor General does not

20  receive the financial audit report within the prescribed

21  period, he or she must notify the Legislative Auditing

22  Committee that the governmental entity or charter school has

23  not complied with this subparagraph. Following notification of

24  failure to submit the required audit report or items required

25  by rule adopted by the Auditor General, a hearing must be

26  scheduled by rule of the committee. After the hearing, the

27  committee shall determine which governmental entities or

28  charter schools will be subjected to further state action.  If

29  it finds that one or more governmental entities or charter

30  schools should be subjected to further state action, the

31  committee shall:


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  1         a.  In the case of a local governmental entity,

  2  district school board, or charter school, request the

  3  Department of Revenue and the Department of Banking and

  4  Finance to withhold any funds payable to such governmental

  5  entity or charter school until the required financial audit is

  6  received by the Auditor General.

  7         b.  In the case of a special district, notify the

  8  Department of Community Affairs that the special district has

  9  failed to provide the required audits.  Upon receipt of

10  notification, the Department of Community Affairs shall

11  proceed pursuant to ss. 189.421 and 189.422.

12         12.a.  The Auditor General, in consultation with the

13  Board of Accountancy, shall review all audit reports submitted

14  pursuant to subparagraph 11. The Auditor General shall request

15  any significant items that were omitted in violation of a rule

16  adopted by the Auditor General. The items must be provided

17  within 45 days after the date of the request. If the Auditor

18  General does not receive the requested items, he or she shall

19  notify the Joint Legislative Auditing Committee.

20         b.  The Auditor General shall notify the Governor and

21  the Joint Legislative Auditing Committee of any audit report

22  reviewed by the Auditor General which contains a statement

23  that the local governmental entity or district school board is

24  in a state of financial emergency as provided in s. 218.503.

25  If the Auditor General, in reviewing any audit report,

26  identifies additional information which indicates that the

27  local governmental entity or district school board may be in a

28  state of financial emergency as provided in s. 218.503, the

29  Auditor General shall request appropriate clarification from

30  the local governmental entity or district school board.  The

31  requested clarification must be provided within 45 days after


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                                          HB 2377, First Engrossed



  1  the date of the request. If the Auditor General does not

  2  receive the requested clarification, he or she shall notify

  3  the Joint Legislative Auditing Committee.  If, after obtaining

  4  the requested clarification, the Auditor General determines

  5  that the local governmental entity or district school board is

  6  in a state of financial emergency as provided in s. 218.503,

  7  he or she shall notify the Governor and the Joint Legislative

  8  Auditing Committee.

  9         c.  The Auditor General shall annually compile and

10  transmit to the President of the Senate, the Speaker of the

11  House of Representatives, and the Joint Legislative Auditing

12  Committee a summary of significant findings and financial

13  trends identified in audits of local governmental entities,

14  district school boards, and charter schools performed by the

15  independent certified public accountants.

16         13.  In conducting a performance audit of any agency,

17  the Auditor General shall use the long-range program Agency

18  Strategic plan of the agency in evaluating the performance of

19  the agency.

20         Section 51.  Paragraph (c) of subsection (4) of section

21  14.27, Florida Statutes, is amended to read:

22         14.27  Florida Commission on African-American

23  Affairs.--

24         (4)  It shall be the role of the commission to develop

25  specific strategies and plans to address the economic, social,

26  educational, health, and welfare needs of African Americans in

27  the state.  Pursuant thereto, the commission's duties shall

28  include, but not be limited to:

29         (c)  Reviewing long-range program state agency

30  functional plans, legislative budget requests, and the master

31  plans and policies of the State Board of Education, other


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  1  educational boards, panels, and commissions appointed by the

  2  Governor, and local school boards for their impact on African

  3  Americans.

  4         Section 52.  Paragraph (c) of subsection (1) of section

  5  20.19, Florida Statutes, is amended to read:

  6         20.19  Department of Children and Family

  7  Services.--There is created a Department of Children and

  8  Family Services.

  9         (1)  MISSION AND PURPOSE.--

10         (c)  In fulfillment of this mission and these purposes,

11  the department shall create a long-range program 5-year

12  strategic plan which reflects broad societal outcomes, sets

13  forth a broad framework within which the district plans are

14  developed, and establishes a set of measurable goals and

15  objectives and operational performance standards to ensure

16  that the department is accountable to the people of Florida.

17         Section 53.  Paragraph (c) of subsection (6) of section

18  20.316, Florida Statutes, is amended to read:

19         20.316  Department of Juvenile Justice.--There is

20  created a Department of Juvenile Justice.

21         (6)  INFORMATION SYSTEMS.--

22         (c)  The department shall implement a distributed

23  system architecture which shall be defined in its long-range

24  program agency strategic plan.

25         Section 54.  Section 23.22, Florida Statutes, is

26  amended to read:

27         23.22  Paperwork reduction; activities of

28  departments.--

29         (1)  In order to reduce the amount of paperwork

30  associated with the collection of information from

31  individuals, private-sector organizations, and local


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                                          HB 2377, First Engrossed



  1  governments and to provide more efficient and effective

  2  assistance to such individuals and organizations in completing

  3  necessary paperwork required by the government, each

  4  department head shall, to the extent feasible:

  5         (a)  Integrate information systems between programs and

  6  departments to reduce the paperwork burden on such

  7  individuals, private-sector organizations, and local

  8  governments.

  9         (b)  Implement a department-wide paperwork review

10  process designed to achieve the following outcomes:

11         1.  Streamline information-collection processes that

12  balance the cost and efficiency desired by the department with

13  the cost and convenience to the reporting entities.

14         2.  Ensure the reporting entities' participation in the

15  identification of data elements, the estimation of the

16  paperwork burden on them, and the design of

17  information-collection instruments and processes.

18         3.  Collect information necessary for the performance

19  of agency functions without duplicating other information

20  accessible to the agency.

21         (c)  Coordinate information gathering through such

22  techniques as one-stop permitting, licensing, and public

23  services.

24         (d)  Design information collection forms and similar

25  instruments to make them easy to understand and

26  "user-friendly" to the individuals, private-sector

27  organizations, and local governments that are required to

28  complete and return them.  Departmental telephone numbers or

29  electronic mail addresses for the public to obtain assistance

30  in completing the forms must be provided on each form.

31


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  1         (e)  Evaluate existing and prospective statutes and

  2  rules for the paperwork burden they generate and seek

  3  modification of the statutes and rules to reduce the paperwork

  4  burden being placed on individuals, private-sector

  5  organizations, and local government.

  6         (f)  Collaborate with the Division of Library and

  7  Information Services, pursuant to s. 119.09, to identify and

  8  index records retention requirements placed on private-sector

  9  organizations and local governments in Florida, clarify and

10  reduce the requirements, and educate the affected entities

11  through various communications media, including voice, data,

12  video, radio, and image.

13         (2)  Departments shall consider applying to the

14  Innovation Investment Program, pursuant to s. 216.235, for

15  financial assistance required in streamlining and integrating

16  information systems to reduce paperwork requirements.

17         (2)(3)  Departments shall make available, upon request,

18  a list of the initiatives taken to reduce paperwork associated

19  with collecting information from individuals, private-sector

20  organizations, and local governments.

21         Section 55.  Subsection (2) of section 27.345, Florida

22  Statutes, is amended to read:

23         27.345  State Attorney RICO Trust Fund; authorized use

24  of funds; reporting.--

25         (2)  There is created for each of the several state

26  attorneys a trust fund to be known as the State Attorney RICO

27  Trust Fund. The amounts awarded to a state attorney pursuant

28  to this section shall be deposited in the trust fund for that

29  state attorney. Funds deposited in such trust fund shall be

30  used, when authorized by appropriation or action of the

31  Executive Office of the Governor pursuant to s.


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                                          HB 2377, First Engrossed



  1  216.181(9)(10), for investigation, prosecution, and

  2  enforcement by that state attorney of civil or criminal causes

  3  of action arising under the provisions of the Florida RICO

  4  (Racketeer Influenced and Corrupt Organization) Act.

  5         Section 56.  Section 27.3451, Florida Statutes, is

  6  amended to read:

  7         27.3451  State Attorney's Forfeiture and Investigative

  8  Support Trust Fund.--There is created for each of the several

  9  state attorneys a trust fund to be known as the State

10  Attorney's Forfeiture and Investigative Support Trust Fund.

11  Revenues received by a state attorney as a result of

12  forfeiture proceedings, as provided under s. 932.704, shall be

13  deposited in such trust fund and shall be used, when

14  authorized by appropriation or action of the Executive Office

15  of the Governor pursuant to s. 216.181(9)(10), for the

16  investigation of crime, prosecution of criminals, or other law

17  enforcement purposes.

18         Section 57.  Subsection (1) of section 110.1239,

19  Florida Statutes, is amended to read:

20         110.1239  State group health insurance program

21  funding.--For the 1999-2000 fiscal year only, it is the intent

22  of the Legislature that the state group health insurance

23  program be managed, administered, operated, and funded in such

24  a manner as to maximize the protection of state employee

25  health insurance benefits. Inherent in this intent is the

26  recognition that the health insurance liabilities attributable

27  to the benefits offered state employees should be fairly,

28  orderly, and equitably funded. Accordingly:

29         (1)  The division shall determine the level of premiums

30  necessary to fully fund the state group health insurance

31  program for the next fiscal year. Such determination shall be


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  1  made after each Self-Insurance revenue Estimating Conference

  2  on health insurance as provided in s. 216.136(11)(1), but not

  3  later than December 1 and April 1 of each fiscal year.

  4         Section 58.  Paragraph (a) of subsection (52) and

  5  paragraph (a) of subsection (53) of section 121.021, Florida

  6  Statutes, are amended to read:

  7         121.021  Definitions.--The following words and phrases

  8  as used in this chapter have the respective meanings set forth

  9  unless a different meaning is plainly required by the context:

10         (52)  "Regularly established position" is defined as

11  follows:

12         (a)  In a state agency, the term means a position which

13  is authorized and established pursuant to law and is

14  compensated from a salaries and benefits appropriation

15  pursuant to s. 216.011(1)(dd)(z)1. and 2., or an established

16  position which is authorized pursuant to s. 216.262(1)(a) and

17  (b) and is compensated from a salaries account as provided by

18  rule.

19         (53)  "Temporary position" is defined as follows:

20         (a)  In a state agency, the term means an employment

21  position which is compensated from an other personal services

22  (OPS) account, as provided for in s. 216.011(1)(dd)(z).

23         Section 59.  Subsection (8) of section 121.051, Florida

24  Statutes, is amended to read:

25         121.051  Participation in the system.--

26         (8)  DIVISION OF REHABILITATION AND LIQUIDATION

27  EMPLOYEES MEMBERSHIP.--Effective July 1, 1994, the regular

28  receivership employees of the Division of Rehabilitation and

29  Liquidation who are assigned to established positions and are

30  subject to established rules and regulations regarding

31  discipline, pay, classification, and time and attendance are


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  1  hereby declared to be state employees within the meaning of

  2  this chapter and shall be compulsory members in compliance

  3  with this chapter, the provisions of s. 216.011(1)(dd)(z)2.,

  4  notwithstanding. Employment performed before July 1, 1994, as

  5  such a receivership employee may be claimed as creditable

  6  retirement service upon payment by the employee or employer of

  7  contributions required in s. 121.081(1), as applicable for the

  8  period claimed.

  9         Section 60.  Subsection (1) of section 145.021, Florida

10  Statutes, is amended to read:

11         145.021  Definitions.--As used in this chapter:

12         (1)  "Population" means the population according to the

13  latest annual determination of population of local governments

14  produced by the Executive Office of the Governor in accordance

15  with s. 186.901.

16         Section 61.  Paragraph (b) of subsection (26) of

17  section 187.201, Florida Statutes, is amended to read:

18         187.201  State Comprehensive Plan adopted.--The

19  Legislature hereby adopts as the State Comprehensive Plan the

20  following specific goals and policies:

21         (26)  PLAN IMPLEMENTATION.--

22         (b)  Policies.--

23         1.  Establish strong and flexible agency and regional

24  planning functions at all levels of government capable of

25  responding to changing state policies and goals.

26         2.  Ensure that every level of government has the

27  appropriate operational authority to implement the policy

28  directives established in the plan.

29         3.  Establish effective monitoring, incentive, and

30  enforcement capabilities to see that the requirements

31  established by regulatory programs are met.


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  1         4.  Simplify, streamline, and make more predictable the

  2  existing permitting procedures.

  3         5.  Ensure that each agency's long-range program

  4  functional plan and management process is designed to achieve

  5  the policies and goals of the state plan consistent with state

  6  law.

  7         6.  Encourage citizen participation at all levels of

  8  policy development, planning, and operations.

  9         7.  Ensure the development of strategic regional policy

10  plans and local plans that implement and accurately reflect

11  state goals and policies and that address problems, issues,

12  and conditions that are of particular concern in a region.

13         8.  Encourage the continual cooperation among

14  communities which have a unique natural area, irrespective of

15  political boundaries, to bring the private and public sectors

16  together for establishing an orderly, environmentally, and

17  economically sound plan for future needs and growth.

18         Section 62.  Subsection (2) of section 215.196, Florida

19  Statutes, is amended to read:

20         215.196  Architects Incidental Trust Fund; creation;

21  assessment.--

22         (2)  The department is authorized to levy and assess an

23  amount necessary to cover the cost of administration by the

24  department of fixed capital outlay projects on which it serves

25  as owner representative on behalf of the state.  The

26  assessment rate is to be provided in the General

27  Appropriations Act and statement of intent and shall be based

28  on estimated operating cost projections for the services

29  rendered. The total assessment shall be transferred into the

30  Architects Incidental Trust Fund at the beginning of each

31  fiscal year.


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  1         Section 63.  Subsection (3) of section 215.3206,

  2  Florida Statutes, is amended to read:

  3         215.3206  Trust funds; termination or re-creation.--

  4         (3)  On or before September 1 of each year, the

  5  Comptroller shall submit to the Executive Office of the

  6  Governor, the President of the Senate, and the Speaker of the

  7  House of Representatives a list of trust funds that are

  8  scheduled to terminate within 12 months after that date and

  9  also, beginning September 1, 1996, a list of all trust funds

10  that are exempt from automatic termination pursuant to the

11  provisions of s. 19(f)(3), Art. III of the State Constitution,

12  listing revenues of the trust funds by major revenue category

13  for each of the last 4 fiscal years.

14         Section 64.  Section 215.3208, Florida Statutes, is

15  amended to read:

16         215.3208  Trust funds; schedule for termination;

17  legislative review.--

18         (1)  Except for those trust funds exempt from automatic

19  termination pursuant to the provisions of s. 19(f)(3), Art.

20  III of the State Constitution, trust funds administered by the

21  following entities shall be reviewed and may be terminated or

22  re-created by the Legislature, as appropriate, during the

23  regular session of the Legislature in the year indicated:

24         (a)  In 1994:

25         1.  Department of Corrections.

26         2.  Department of Highway Safety and Motor Vehicles.

27         3.  Department of Law Enforcement.

28         4.  Department of Legal Affairs.

29         5.  Department of the Lottery.

30         6.  Department of Management Services.

31         7.  Department of Military Affairs.


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  1         8.  Department of Transportation.

  2         9.  Game and Fresh Water Fish Commission.

  3         10.  Judicial branch.

  4         11.  Justice Administrative Commission.

  5         12.  Parole Commission.

  6         (b)  In 1995:

  7         1.  Department of Agriculture and Consumer Services.

  8         2.  Department of Banking and Finance.

  9         3.  Department of Citrus.

10         4.  Department of Education.

11         5.  Department of Environmental Protection.

12         6.  Department of Revenue.

13         7.  Executive Office of the Governor.

14         8.  Florida Public Service Commission.

15         (c)  In 1996:

16         1.  Agency for Health Care Administration.

17         2.  Commission on Ethics.

18         3.  Department of Business and Professional Regulation.

19         4.  Department of Children and Family Services.

20         5.  Department of Commerce.

21         6.  Department of Community Affairs.

22         7.  Department of Elderly Affairs.

23         8.  Department of Health.

24         9.  Department of Insurance.

25         10.  Department of Juvenile Justice.

26         11.  Department of Labor and Employment Security.

27         12.  Department of State.

28         13.  Department of Veterans' Affairs.

29         14.  Legislative branch.

30         (2)  All other trust funds not administered by the

31  entities listed in subsection (1) and not exempt from


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  1  automatic termination pursuant to the provisions of s.

  2  19(f)(3), Art. III of the State Constitution shall be reviewed

  3  and may be terminated or re-created by the Legislature, as

  4  appropriate, during the 1996 Regular Session of the

  5  Legislature.

  6         (1)(3)  In order to implement s. 19(f), Art. III of the

  7  State Constitution For the purposes of this section, the

  8  Legislature shall review all state trust funds at least once

  9  every 4 years. The schedule for such review may be included in

10  the legislative budget instructions developed pursuant to the

11  requirements of s. 216.023. The Legislature shall review the

12  trust funds as they are identified by a unique 6-digit code in

13  the Florida Accounting Information Resource Subsystem at a

14  level composed of the 2-digit organization level 1, the

15  1-digit state fund type 2, and the first three digits of the

16  fund identifier. When a statutorily created trust fund that

17  was in existence on November 4, 1992, has more than one

18  6-digit code, the Legislature may treat it as a single trust

19  fund for the purposes of this section. The Legislature may

20  also conduct its review concerning accounts within such trust

21  funds.

22         (2)(4)(a)  When the Legislature terminates a trust

23  fund, the agency or branch of state government that

24  administers the trust fund shall pay any outstanding debts or

25  obligations of the trust fund as soon as practicable, and the

26  Comptroller shall close out and remove the trust fund from the

27  various state accounting systems, using generally accepted

28  accounting principles concerning assets, liabilities, and

29  warrants outstanding.

30         (b)  If the Legislature determines to terminate a trust

31  fund, it may provide for the distribution of moneys in that


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                                          HB 2377, First Engrossed



  1  trust fund. If such a distribution is not provided, the moneys

  2  remaining after all outstanding obligations of the trust fund

  3  are met shall be deposited in the General Revenue Fund.

  4         Section 65.  Subsection (1) of section 215.44, Florida

  5  Statutes, is amended to read:

  6         215.44  Board of Administration; powers and duties in

  7  relation to investment of trust funds.--

  8         (1)  Except when otherwise specifically provided by the

  9  State Constitution and subject to any limitations of the trust

10  agreement relating to a trust fund, the Board of

11  Administration, hereinafter sometimes referred to as "board,"

12  composed of the Governor as chair, the Treasurer, and the

13  Comptroller, shall invest all the funds in the System Trust

14  Fund, as defined in s. 121.021(36), and all other funds

15  specifically required by law to be invested by the board

16  pursuant to ss. 215.44-215.53 to the fullest extent that is

17  consistent with the cash requirements, trust agreement, and

18  investment objectives of the fund. Notwithstanding any other

19  law to the contrary, the State Board of Administration may

20  invest any funds of any state agency or any unit of local

21  government pursuant to the terms of a trust agreement with the

22  head of the state agency or the governing body of the unit of

23  local government, which trust agreement shall govern the

24  investment of such funds, provided that the board shall

25  approve the undertaking of such investment before execution of

26  the trust agreement by the State Board of Administration. The

27  funds and the earnings therefrom are exempt from the service

28  charge imposed by s. 215.20. As used in this subsection, the

29  term "state agency" has the same meaning as that provided in

30  s. 216.011 and includes all officers, employees, and offices

31  of the Supreme Court, district courts of appeal, circuit


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  1  courts, county courts, Justice Data Center, and Judicial

  2  Qualifications Commission; 216.001, and the terms "governing

  3  body" and "unit of local government" have the same meaning as

  4  that provided in s. 218.403.

  5         Section 66.  Paragraph (d) of subsection (2) of section

  6  215.95, Florida Statutes, is amended to read:

  7         215.95  Financial Management Information Board.--

  8         (2)  To carry out its duties and responsibilities, the

  9  board shall by majority vote:

10         (d)  By June March 1 of each year, approve an

11  information resource a strategic plan pursuant to the

12  requirements set forth in s. 186.022(9).

13         Section 67.  Paragraph (a) of subsection (3) of section

14  215.96, Florida Statutes, is amended to read:

15         215.96  Coordinating council and design and

16  coordination staff.--

17         (3)  The coordinating council, assisted by the design

18  and coordination staff, shall have the following duties,

19  powers, and responsibilities pertaining to the Florida

20  Financial Management Information System:

21         (a)  To conduct such studies and to establish

22  committees, workgroups, and teams to develop recommendations

23  for rules, policies, procedures, principles, and standards to

24  the board as necessary to assist the board in its efforts to

25  design, implement, and perpetuate a financial management

26  information system, including, but not limited to, the

27  establishment of common data codes, the development of

28  integrated financial management policies that address the

29  information and management needs of the functional owner

30  subsystems, and the development of an information resource a

31  strategic plan pursuant to the requirements set forth in s.


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                                          HB 2377, First Engrossed



  1  186.022(9). The coordinating council shall make available a

  2  copy of the approved plan in writing or through electronic

  3  means to each of the coordinating council members, the fiscal

  4  committees of the Legislature, and any interested person.

  5         Section 68.  Paragraph (e) of subsection (2) of section

  6  229.053, Florida Statutes, is amended to read:

  7         229.053  General powers of state board.--

  8         (2)  The board has the following duties:

  9         (e)  To adopt and transmit to the Governor as chief

10  budget officer of the state on official forms furnished for

11  such purposes, on or before September 15 1 of each year,

12  estimates of expenditure requirements for the State Board of

13  Education, the Commissioner of Education, and all of the

14  boards, institutions, agencies, and services under the general

15  supervision of the State Board of Education for the ensuing

16  fiscal year.

17         Section 69.  Paragraph (a) of subsection (2) and

18  paragraph (a) of subsection (4) of section 239.305, Florida

19  Statutes, are amended to read:

20         239.305  Adult literacy.--

21         (2)(a)  The adult literacy program is intended to

22  increase adult literacy as prescribed in the long-range

23  program agency functional plan of the Department of Education.

24  The commissioner shall establish guidelines for the purpose of

25  determining achievement of this goal.

26         (4)(a)  The commissioner shall submit a state adult

27  literacy plan to the State Board of Education to serve as a

28  reference for school boards and community colleges to increase

29  adult literacy in their service areas as prescribed in the

30  long-range program agency functional plan of the Department of

31  Education.  The plan must include, at a minimum:


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                                          HB 2377, First Engrossed



  1         1.  Policies and objectives for adult literacy

  2  programs, including evaluative criteria.

  3         2.  Strategies for coordinating adult literacy

  4  activities with programs and services provided by other state

  5  and local nonprofit agencies, as well as strategies for

  6  maximizing other funding, resources, and expertise.

  7         3.  Procedures for identifying, recruiting, and

  8  retaining adults who possess literacy skills below the ninth

  9  grade level.

10         4.  Sources of relevant demographic information and

11  methods of projecting the number of adults who possess

12  literacy skills below the ninth grade level.

13         5.  Acceptable methods of demonstrating compliance with

14  the provisions of this section.

15         6.  Guidelines for the development and implementation

16  of local adult literacy plans.  At a minimum, such guidelines

17  must address:

18         a.  The recruitment and preparation of volunteer

19  tutors.

20         b.  Interagency and intraagency cooperation and

21  coordination, especially with public libraries and other

22  sponsors of literacy programs.

23         c.  Desirable learning environments, including class

24  size.

25         d.  Program evaluation standards.

26         e.  Methods for identifying, recruiting, and retaining

27  adults in literacy programs.

28         f.  Adult literacy through family literacy and

29  workforce literacy programs.

30         Section 70.  Paragraph (f) of subsection (3) of section

31  240.209, Florida Statutes, is amended to read:


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  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


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  1         Section 71.  Subsection (7) of section 240.2601,

  2  Florida Statutes, is amended to read:

  3         240.2601  State University System Facility Enhancement

  4  Challenge Grant Program.--

  5         (7)  By September 15 1 of each year, the Board of

  6  Regents shall transmit to the Legislature a list of projects

  7  which meet all eligibility requirements to participate in the

  8  Alec P. Courtelis Capital Facilities Matching Trust Fund and a

  9  budget request which includes the recommended schedule

10  necessary to complete each project.

11         Section 72.  Subsection (2) of section 240.324, Florida

12  Statutes, is amended to read:

13         240.324  Community college accountability process.--

14         (2)  Beginning September 1, 1998, the State Board of

15  Community Colleges shall submit an annual report, to coincide

16  with the submission of the long-range program agency strategic

17  plan required by law, providing the results of initiatives

18  taken during the prior year and the initiatives and related

19  objective performance measures proposed for the next year.

20         Section 73.  Subsection (8) of section 240.383, Florida

21  Statutes, is amended to read:

22         240.383  State Community College System Facility

23  Enhancement Challenge Grant Program.--

24         (8)  By September 15 1 of each year, the Division of

25  Community Colleges shall transmit to the Legislature a list of

26  projects which meet all eligibility requirements to

27  participate in the State Community College System Facility

28  Enhancement Challenge Grant Program and a budget request which

29  includes the recommended schedule necessary to complete each

30  project.

31


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  1         Section 74.  Paragraph (f) of subsection (5) of section

  2  282.404, Florida Statutes, is amended to read:

  3         282.404  Geographic information board; definition;

  4  membership; creation; duties; advisory council; membership;

  5  duties.--

  6         (5)  The board shall:

  7         (f)  By June March 1 of each year, develop and approve

  8  an information resource a strategic plan pursuant to the

  9  requirements set forth in s. 186.022(9).  Copies of the plan

10  shall be transmitted electronically or in writing to the

11  Executive Office of the Governor, the Speaker of the House of

12  Representatives, the President of the Senate, and the members

13  of the Geographic Information Advisory Council as provided in

14  subsection (7);

15         Section 75.  Paragraph (a) of subsection (10) of

16  section 286.30, Florida Statutes, is amended to read:

17         286.30  Commission on Government Accountability to the

18  People.--

19         (10)  The commission shall track the impact of state

20  agency actions upon the well-being of Florida citizens by:

21         (a)  Serving as a citizen board to review state agency

22  performance, using long-range program agency strategic plans,

23  reports from the Auditor General, the Executive Office of the

24  Governor, and state agency internal auditors and inspectors

25  general, and other sources as needed.

26

27  State agencies shall cooperate with the commission and shall

28  provide data and information available to enable the

29  commission to perform its functions. The Executive Office of

30  the Governor and the Auditor General may provide assistance,

31  within available resources, to the commission as necessary.


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  1         Section 76.  Subsection (3) of section 288.7091,

  2  Florida Statutes, is amended to read:

  3         288.7091  Duties of the Florida Black Business

  4  Investment Board.--The Florida Black Business Investment Board

  5  shall:

  6         (3)  Include in the criteria for loan decisions,

  7  occupational forecasting results set forth in s.

  8  216.136(9)(10) which target high growth jobs;

  9         Section 77.  Paragraph (a) of subsection (2) of section

10  339.135, Florida Statutes, is amended to read:

11         339.135  Work program; legislative budget request;

12  definitions; preparation, adoption, execution, and

13  amendment.--

14         (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND

15  REQUEST FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--

16         (a)  The department shall file the legislative budget

17  request in the manner required by chapter 216, setting forth

18  the department's proposed revenues and expenditures for

19  operational and fixed capital outlay needs to accomplish the

20  objectives of the department in the ensuing fiscal year.  The

21  right-of-way, construction, preliminary engineering,

22  maintenance, and all grants and aids programs of the

23  department shall be set forth only in program totals.  The

24  legislative budget request must include a balanced 36-month

25  forecast of cash and expenditures and a 5-year finance plan.

26  The legislative budget request shall be amended to conform to

27  the tentative work program. The department may amend its

28  legislative budget request and the tentative work program

29  based on the most recent revenue estimate by the

30  Transportation estimating conference estimate of revenues and

31  the most recent federal aid apportionments.


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  1         Section 78.  Paragraph (b) of subsection (3) and

  2  subsection (4) of section 339.155, Florida Statutes, are

  3  amended to read:

  4         339.155  Transportation planning.--

  5         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

  6  Transportation Plan shall be a unified, concise planning

  7  document that clearly defines the state's long-range

  8  transportation goals and objectives and documents the

  9  department's short-range objectives developed to further such

10  goals and objectives. The plan shall include a glossary that

11  clearly and succinctly defines any and all phrases, words, or

12  terms of art included in the plan, with which the general

13  public may be unfamiliar and shall consist of, at a minimum,

14  the following components:

15         (b)  A short-range component documenting the short-term

16  objectives and strategies necessary to implement the goals and

17  long-term objectives contained in the long-range component.

18  The short-range component must define the relationship between

19  the long-range goals and the short-range objectives, specify

20  those objectives against which the department's achievement of

21  such goals will be measured, and identify transportation

22  strategies necessary to efficiently achieve the goals and

23  objectives in the plan. It must provide a policy framework

24  within which the department's legislative budget request, the

25  strategic information resource management plan, and the work

26  program are developed. The short-range component shall serve

27  as the department's annual long-range program agency strategic

28  plan pursuant to s. 186.021. The short-range component shall

29  be developed consistent with the requirements of s. 216.013

30  186.022 and consistent with available and forecasted state and

31  federal funds. In addition to those entities listed in s.


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  1  216.013 186.022, the short-range component shall also be

  2  submitted to the Florida Transportation Commission.

  3         (4)  ANNUAL PERFORMANCE REPORT.--The department shall

  4  develop an annual performance report evaluating the operation

  5  of the department for the preceding fiscal year.  The report,

  6  which shall meet the requirements of s. 216.013 186.022, shall

  7  also include a summary of the financial operations of the

  8  department and shall annually evaluate how well the adopted

  9  work program meets the short-term objectives contained in the

10  short-range component of the Florida Transportation Plan.  In

11  addition to the entities listed in s. 216.013 186.022, this

12  performance report shall also be submitted to the Florida

13  Transportation Commission and the legislative appropriations

14  and transportation committees.

15         Section 79.  Paragraph (c) of subsection (10) of

16  section 339.175, Florida Statutes, is amended to read:

17         339.175  Metropolitan planning organization.--It is the

18  intent of the Legislature to encourage and promote the safe

19  and efficient management, operation, and development of

20  surface transportation systems that will serve the mobility

21  needs of people and freight within and through urbanized areas

22  of this state while minimizing transportation-related fuel

23  consumption and air pollution. To accomplish these objectives,

24  metropolitan planning organizations, referred to in this

25  section as M.P.O.'s, shall develop, in cooperation with the

26  state and public transit operators, transportation plans and

27  programs for metropolitan areas. The plans and programs for

28  each metropolitan area must provide for the development and

29  integrated management and operation of transportation systems

30  and facilities, including pedestrian walkways and bicycle

31  transportation facilities that will function as an intermodal


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                                          HB 2377, First Engrossed



  1  transportation system for the metropolitan area.  The process

  2  for developing such plans and programs shall provide for

  3  consideration of all modes of transportation and shall be

  4  continuing, cooperative, and comprehensive, to the degree

  5  appropriate, based on the complexity of the transportation

  6  problems to be addressed.

  7         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

  8  COUNCIL.--

  9         (c)  The powers and duties of the Metropolitan Planning

10  Organization Advisory Council are to:

11         1.  Enter into contracts with individuals, private

12  corporations, and public agencies.

13         2.  Acquire, own, operate, maintain, sell, or lease

14  personal property essential for the conduct of business.

15         3.  Accept funds, grants, assistance, gifts, or

16  bequests from private, local, state, or federal sources.

17         4.  Establish bylaws and adopt rules pursuant to ss.

18  120.536(1) and 120.54 to implement provisions of law

19  conferring powers or duties upon it.

20         5.  Assist M.P.O.'s in carrying out the urbanized area

21  transportation planning process by serving as the principal

22  forum for collective policy discussion pursuant to law.

23         6.  Serve as a clearinghouse for review and comment by

24  M.P.O.'s on the Florida Transportation Plan and on other

25  issues required to comply with federal or state law in

26  carrying out the urbanized area transportation and systematic

27  planning processes instituted pursuant to s. 339.155.

28         7.  Employ an executive director and such other staff

29  as necessary to perform adequately the functions of the

30  council, within budgetary limitations. The executive director

31  and staff are exempt from part II of chapter 110 and serve at


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  1  the direction and control of the council.  The council is

  2  assigned to the Office of the Secretary of the Department of

  3  Transportation for fiscal and accountability purposes, but it

  4  shall otherwise function independently of the control and

  5  direction of the department.

  6         8.  Adopt a long-range program an agency strategic plan

  7  that provides the priority directions the agency will take to

  8  carry out its mission within the context of the state

  9  comprehensive plan and any other statutory mandates and

10  directions given to the agency.

11         Section 80.  Paragraph (b) of subsection (2) of section

12  365.173, Florida Statutes, is amended to read:

13         365.173  Wireless Emergency Telephone System Fund.--

14         (2)  Subject to any modifications approved by the board

15  pursuant to s. 365.172(8)(c), the moneys in the fund shall be

16  distributed and used only as follows:

17         (b)  Fifty-four percent of the moneys shall be held in

18  escrow in an insured, interest-bearing account and distributed

19  in response to sworn invoices submitted to the board by

20  providers to reimburse such providers for the actual costs

21  incurred to provide 911 or E911 service, including the costs

22  of complying with the order. Such costs include costs and

23  expenses incurred by providers to design, purchase, lease,

24  program, install, test, upgrade, operate, and maintain all

25  necessary data, hardware, and software required to provide

26  E911 service. Up to 2 percent of the funds allocated to

27  providers shall be retained by the board to be applied to

28  costs and expenses incurred for the purposes of managing,

29  administering, and overseeing the receipts and disbursements

30  from the fund. Any funds retained for such purposes in a

31  calendar year which are not applied to such costs and expenses


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  1  by March 31 of the following year shall be distributed to

  2  providers pursuant to this paragraph. Beginning in state

  3  fiscal year 2000-2001, each provider shall submit to the

  4  board, by August 1 of each year, a detailed estimate of the

  5  capital and operating expenses for which it anticipates that

  6  it will seek reimbursement under this paragraph during the

  7  ensuing state fiscal year. By September 15 1 of each year, the

  8  board shall submit to the Legislature its legislative budget

  9  request for funds to be allocated to providers under this

10  paragraph during the ensuing state fiscal year. The budget

11  request shall be based on the information submitted by the

12  providers and estimated surcharge revenues.

13         1.  Distributions of moneys in the fund by the board to

14  providers must be fair and nondiscriminatory. If the total

15  amount of moneys requested by providers pursuant to invoices

16  submitted to the board and approved for payment exceeds the

17  amount in the fund in any month, providers that have invoices

18  approved for payment shall receive a pro rata share of moneys

19  in the fund and the balance of the payments shall be carried

20  over to the following month or months until all of the

21  approved payments are made. The board may adopt rules

22  necessary to address the manner in which pro rata

23  distributions are made when the total amount of funds

24  requested by providers pursuant to invoices submitted to the

25  board exceeds the total amount of moneys on deposit in the

26  fund.

27         2.  The board may not make any distributions to

28  providers before January 1, 2000.

29

30  The Legislature recognizes that the wireless E911 fee

31  authorized under s. 365.172 will not necessarily provide the


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  1  total funding required for establishing or providing the 911

  2  service. It is the intent of the Legislature that all revenue

  3  from the fee be used as specified in s. 365.171(13)(a)6.

  4         Section 81.  Paragraph (b) of subsection (2) of section

  5  376.15, Florida Statutes, is amended to read:

  6         376.15  Derelict vessels; removal from public waters.--

  7         (2)

  8         (b)  The commission may establish a program to provide

  9  grants to coastal local governments for the removal of

10  derelict vessels from the public waters of the state.  The

11  program shall be funded from the Florida Coastal Protection

12  Trust Fund. Notwithstanding the provisions in s.

13  216.181(9)(10), funds available for grants may only be

14  authorized by appropriations acts of the Legislature.

15         Section 82.  Paragraph (a) of subsection (7) of section

16  381.90, Florida Statutes, is amended to read:

17         381.90  Health Information Systems Council; legislative

18  intent; creation, appointment, duties.--

19         (7)  The council's duties and responsibilities include,

20  but are not limited to, the following:

21         (a)  By June March 1 of each year, to develop and

22  approve an information resource a strategic plan pursuant to

23  the requirements set forth in s. 186.022(9). Copies of the

24  plan shall be transmitted electronically or in writing to the

25  Executive Office of the Governor, the Speaker of the House of

26  Representatives, and the President of the Senate.

27         Section 83.  Paragraph (h) of subsection (3) of section

28  413.011, Florida Statutes, is amended to read:

29         413.011  Division of Blind Services, internal

30  organizational structure; Advisory Council for the Blind.--

31


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  1         (3)  There is hereby created in the department the

  2  Advisory Council for the Blind to assist the division in the

  3  planning and development of statewide rehabilitation programs

  4  and services, to recommend improvements to such programs and

  5  services, and to perform the functions provided in this

  6  section.

  7         (h)  In addition to the other functions specified in

  8  this section, the council shall:

  9         1.  Review, analyze, and advise the division regarding

10  the performance of the responsibilities of the division under

11  Title I of the act, particularly responsibilities relating to:

12         a.  Eligibility, including order of selection;

13         b.  The extent, scope, and effectiveness of services

14  provided; and

15         c.  Functions performed by state agencies that affect

16  or potentially affect the ability of individuals who are blind

17  to achieve rehabilitation goals and objectives under Title I.

18         2.  Advise the department and the division, and, at the

19  discretion of the department or division, assist in the

20  preparation of applications, the state plan, the long-range

21  program strategic plan, and amendments to the plans, reports,

22  needs assessments, and evaluations required by Title I.

23         3.  To the extent feasible, conduct a review and

24  analysis of the effectiveness of, and consumer satisfaction

25  with:

26         a.  The functions performed by state agencies and other

27  public and private entities responsible for performing

28  functions for individuals who are blind.

29         b.  Vocational rehabilitation services:

30         (I)  Provided or paid for from funds made available

31  under the act or through other public or private sources.


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                                          HB 2377, First Engrossed



  1         (II)  Provided by state agencies and other public and

  2  private entities responsible for providing vocational

  3  rehabilitation services to individuals who are blind.

  4         4.  Prepare and submit an annual report on the status

  5  of vocational rehabilitation services for the blind in the

  6  state to the Governor and the Commissioner of the

  7  Rehabilitative Services Administration, established under s.

  8  702 of the act, and make the report available to the public.

  9         5.  Coordinate with other councils within the state,

10  including the Independent Living Council, the advisory panel

11  established under s. 613(a)(12) of the Individuals with

12  Disabilities Education Act, 20 U.S.C. 1413(a)(12), the State

13  Planning Council described in s. 124 of the Developmental

14  Disabilities Assistance and Bill of Rights Act, 42 U.S.C. s.

15  6024, and the state mental health planning council established

16  under s. 1916(e) of the Public Health Service Act, 42 U.S.C.

17  300X-4(e).

18         6.  Advise the department and division and provide for

19  coordination and the establishment of working relationships

20  among the department, the division, the Independent Living

21  Council, and centers for independent living in the state.

22         7.  Perform such other functions consistent with the

23  purposes of the act as the council determines to be

24  appropriate that are comparable to functions performed by the

25  council.

26         Section 84.  Paragraph (b) of subsection (8) of section

27  413.405, Florida Statutes, is amended to read:

28         413.405  Rehabilitation Advisory Council.--There is

29  created the Rehabilitation Advisory Council to assist the

30  division in the planning and development of statewide

31  rehabilitation programs and services, to recommend


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                                          HB 2377, First Engrossed



  1  improvements to such programs and services, and to perform the

  2  functions listed in this section.

  3         (8)  In addition to the other functions specified in

  4  this section, the council shall:

  5         (b)  Advise the department and the division, and, at

  6  the discretion of the department or division, assist in the

  7  preparation of applications, the state plan, the long-range

  8  program strategic plan, and amendments to the plans, reports,

  9  needs assessments, and evaluations required by Title I.

10         Section 85.  Paragraph (b) of subsection (4) of section

11  420.0003, Florida Statutes, is amended to read:

12         420.0003  State housing strategy.--

13         (4)  IMPLEMENTATION.--The Department of Community

14  Affairs and the Florida Housing Finance Corporation in

15  carrying out the strategy articulated herein shall have the

16  following duties:

17         (b)  The long-range program agency strategic plan of

18  the Department of Community Affairs, prepared pursuant to the

19  provisions of s. 216.013 ss. 186.021 and 186.022, shall

20  include specific goals, objectives, and strategies that

21  implement the housing policies in this section and shall

22  include the strategic plan for housing production prepared by

23  the corporation pursuant to s. 420.511.

24         Section 86.  Subsection (2) of section 420.511, Florida

25  Statutes, is amended to read:

26         420.511  Business plan; strategic plan; annual

27  report.--

28         (2)  The corporation, in equal partnership with the

29  department, shall develop annually a strategic plan for the

30  provision of affordable housing in Florida as part of the

31  department's long-range program agency strategic plan required


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                                          HB 2377, First Engrossed



  1  pursuant to s. 186.021 chapter 186. In part, the plan shall

  2  include provisions that maximize the abilities of the

  3  corporation and the department to implement the state housing

  4  strategy established under s. 420.0003, to respond to federal

  5  housing initiatives, and to develop programs in a manner that

  6  is more responsive to the needs of public and private

  7  partners. The plan shall be developed on a schedule consistent

  8  with that established by s. 216.013 ss. 186.021 and 186.022.

  9  For purposes of this act, the executive director or his or her

10  designee shall serve as the corporation's representative to

11  achieve a coordinated and integrated planning relationship

12  with the department.

13         Section 87.  Paragraph (b) of subsection (2) of section

14  420.6075, Florida Statutes, is amended to read:

15         420.6075  Research and planning for affordable housing;

16  annual housing report.--

17         (2)  By December 31 of each year, the Shimberg Center

18  for Affordable Housing shall submit to the Legislature an

19  updated housing report describing the supply of and need for

20  affordable housing.  This annual housing report shall include:

21         (b)  A status report on the degree of progress toward

22  meeting the housing objectives of the department's long-range

23  program agency functional plan.

24         Section 88.  Subsection (4) of section 494.0017,

25  Florida Statutes, is amended to read:

26         494.0017  Mortgage Brokerage Guaranty Fund.--

27         (4)  Notwithstanding s. 215.965 216.331, the department

28  may disburse funds to a court or court-appointed person for

29  distribution, if the conditions precedent for recovery exist

30  and the distribution would be the fairest and most equitable

31  manner of distributing the funds.


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                                          HB 2377, First Engrossed



  1         Section 89.  Subsection (6) of section 624.307, Florida

  2  Statutes, is amended to read:

  3         624.307  General powers; duties.--

  4         (6)  The department may employ actuaries who shall be

  5  at-will employees and who shall serve at the pleasure of the

  6  Insurance Commissioner. Actuaries employed pursuant to this

  7  paragraph shall be members of the Society of Actuaries or the

  8  Casualty Actuarial Society and shall be exempt from the Career

  9  Service System established under chapter 110.  The salaries of

10  the actuaries employed pursuant to this paragraph by the

11  department shall be set in accordance with s. 216.251(2)(a)5.

12  and shall be set at levels which are commensurate with salary

13  levels paid to actuaries by the insurance industry.

14         Section 90.  Subsection (3) of section 943.08, Florida

15  Statutes, is amended to read:

16         943.08  Duties; Criminal and Juvenile Justice

17  Information Systems Council.--

18         (3)  The council shall develop and approve an

19  information resource a strategic plan pursuant to the

20  requirements set forth in s. 186.022(9). Copies of the

21  approved plan shall be transmitted, electronically or in

22  writing, to the Executive Office of the Governor, the Speaker

23  of the House of Representatives, the President of the Senate,

24  and the council members.

25         Section 91.  Paragraph (b) of subsection (1) of section

26  946.002, Florida Statutes, is amended to read:

27         946.002  Requirement of labor; compensation; amount;

28  crediting of account of prisoner; forfeiture; civil rights;

29  prisoner not employee or entitled to compensation insurance

30  benefits.--

31         (1)


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                                          HB 2377, First Engrossed



  1         (b)  The department shall have as a continuous goal the

  2  reduction of inmate idleness in the prison system and shall

  3  incorporate this goal and that of maximizing the use of

  4  inmates while incarcerated in its long-range program strategic

  5  plan.  A goal of the department shall be for all inmates,

  6  except those inmates who pose a serious security risk or who

  7  are unable to work, to work at least 40 hours a week.  Until

  8  this goal can be accomplished, the department shall maximize

  9  the utilization of inmates within existing resources.

10         Section 92.    Paragraphs (a) and (b) of subsection (1)

11  of section 27.38, Florida Statutes are amended to read:

12         27.38  Budget transfer authority.--

13         (1)  Notwithstanding s. 216.292, each state attorney,

14  whenever he or she deems it necessary by reason of changed

15  conditions, may transfer appropriations funded from identical

16  funds as prescribed in s. 215.32, except appropriations for

17  fixed capital outlay, and transfer the amounts included within

18  the total original approved budget and releases as furnished

19  pursuant to ss. 216.181 and 216.192, as follows:

20         (a)  Between categories of appropriations within a

21  budget entity, if no category of appropriation is changed by

22  more than $100,000 $150,000 plus 5 percent of the original

23  approved budget by all action taken under this subsection.

24         (b)  Additionally, between budget entities within

25  identical categories of appropriations, if no category of

26  appropriation is changed by more than $150,000 $100,000 plus 5

27  percent of the original approved budget by all action taken

28  under this subsection.

29         Section 93.    Paragraphs (a) and (b) of subsection (1)

30  of section 27.60, Florida Statutes are amended to read:

31         27.60  Budget transfer authority.--


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                                          HB 2377, First Engrossed



  1         (1)  Notwithstanding s. 216.292, each public defender,

  2  whenever he or she deems it necessary by reason of changed

  3  conditions, may transfer appropriations funded from identical

  4  funds as prescribed in s. 215.32, except appropriations for

  5  fixed capital outlay, and transfer the amounts included within

  6  the total original approved budget and releases as furnished

  7  pursuant to ss. 216.181 and 216.192, as follows:

  8         (a)  Between categories of appropriations within a

  9  budget entity, if no category of appropriation is changed by

10  more than $150,000 $100,000 plus 5 percent of the original

11  approved budget by all action taken under this subsection.

12         (b)  Additionally, between budget entities within

13  identical categories of appropriations, if no category of

14  appropriation is changed by more than $150,000 $100,000 plus 5

15  percent of the original approved budget by all action taken

16  under this subsection.

17         Section 94.  Section 216.331, Florida Statutes, is

18  transferred and renumbered as section 215.965, Florida

19  Statutes.

20         Section 95.  Section 216.3505, Florida Statutes, is

21  transferred and renumbered as section 215.966, Florida

22  Statutes.

23         Section 96.  Sections 216.001, 216.0154, 216.0162,

24  216.0315, 216.091, 216.111, 216.235, 216.236, 216.237,

25  216.238, 216.281, 216.286, and 240.20941, Florida Statutes,

26  are repealed.

27         Section 97.  This act shall take effect July 1, 2000,

28  and shall apply to preparation of the state budget beginning

29  with fiscal year 2001-2002.

30

31


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