Senate Bill sb1784e1
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1 A bill to be entitled
2 An act relating to state planning and
3 budgeting; amending s. 110.227, F.S.; providing
4 that "bumping" or certain special protection
5 may not be prohibited in a collective
6 bargaining agreement; amending s. 216.011,
7 F.S.; modifying the definition of the term
8 "operating capital outlay"; amending s.
9 216.013, F.S.; removing the requirement for the
10 Executive Office of the Governor to consider
11 certain findings relating to information
12 technology in its review of long-range program
13 plans of executive agencies; requiring
14 long-range program plans to be consistent with
15 legislation implementing the General
16 Appropriations Act; amending s. 216.023, F.S.;
17 revising requirements of legislative budget
18 requests; requiring legislative budget requests
19 to include an inventory of litigation requiring
20 additional appropriations or changes in the
21 law; providing for update of such inventory;
22 revising requirements of legislative budget
23 requests relating to the total number of
24 positions and to unit-cost data; providing for
25 reducing funding of agencies that do not
26 comply; amending s. 216.0446, F.S.; correcting
27 terminology; amending s. 216.136, F.S.;
28 revising provisions relating to estimating
29 conferences; amending s. 216.177, F.S.;
30 revising the manner in which requests regarding
31 legislative intent on the General
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1 Appropriations Act are to be made; revising
2 requirements relating to notice of action on
3 appropriations to be taken by the Executive
4 Office of the Governor or the Chief Justice of
5 the Supreme Court; amending s. 216.181, F.S.;
6 authorizing the Chief Justice to amend, without
7 approval of the Legislative Budget Commission,
8 judicial branch entity budgets to reflect
9 transferred funds based on the approved plans
10 for lump-sum appropriations; requiring approval
11 of the Legislative Budget Commission for
12 certain adjustments to approved salary rate;
13 providing circumstances under which lump-sum
14 bonuses may be provided; requiring quarterly
15 reporting of positions filled, positions
16 vacant, and the salary rate associated with
17 each category; granting the Legislative Budget
18 Commission authority to approve specified state
19 trust fund appropriations; creating s.
20 216.1815, F.S.; providing for an agency and
21 judicial branch incentive and savings program;
22 providing requirements; creating s. 216.1826,
23 F.S.; providing for activity-based planning and
24 budgeting; amending s. 216.192, F.S.;
25 conforming provisions; amending s. 216.216,
26 F.S.; providing restrictions on the expenditure
27 of funds for court settlements negotiated by
28 the state; amending s. 216.221, F.S.; providing
29 requirements for the elimination of a deficit
30 in a trust fund; amending s. 216.262, F.S.;
31 specifying authority of the Executive Office of
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1 the Governor to increase the number of
2 positions; amending s. 216.292, F.S.;
3 conforming provisions; adding food products as
4 an allowable fund transfer category;
5 authorizing transfer of positions under certain
6 circumstances; authorizing transfers of
7 appropriations for operations from trust funds
8 in excess of certain amounts under certain
9 conditions; amending s. 11.90, F.S.;
10 establishing the chair and vice chair of the
11 Legislative Budget Commission each year;
12 eliminating the election of such officers;
13 amending ss. 27.345, 27.3451, F.S.; correcting
14 cross-references; creating s. 27.385, F.S.;
15 reenacting provisions related to expenditures
16 of appropriated funds by state attorneys;
17 requiring a report; creating s. 27.605, F.S.;
18 reenacting provisions related to expenditures
19 of appropriated funds by public defenders;
20 requiring a report; amending s. 45.062, F.S.;
21 requiring certain notification and reporting
22 with respect to executive branch settlements;
23 saving s. 215.20(3), F.S., relating to an
24 additional trust fund service charge, from
25 scheduled repeal; amending s. 284.385, F.S.;
26 requiring assigned counsel to report to the
27 covered department on the status of casualty
28 claims or litigation; prohibiting compromise or
29 settlement of a casualty claim without prior
30 notification to the covered department;
31 amending s. 376.15, F.S.; correcting a
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1 cross-reference; creating s. 215.98, F.S.;
2 providing a declaration of public policy;
3 requiring the Division of Bond Finance of the
4 State Board of Administration to conduct an
5 annual debt affordability analysis; requiring a
6 report; specifying report requirements;
7 amending s. 11.90, F.S.; providing additional
8 powers and duties of the Legislative Budget
9 Commission relating to the state's debt;
10 providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (2) of section 110.227, Florida
15 Statutes, is amended to read:
16 110.227 Suspensions, dismissals, reductions in pay,
17 demotions, layoffs, transfers, and grievances.--
18 (2) The department shall establish rules and
19 procedures for the suspension, reduction in pay, transfer,
20 layoff, demotion, and dismissal of employees in the career
21 service. Such rules shall be approved by the Administration
22 Commission prior to their adoption by the department. This
23 subsection does not prohibit bumping in a collective
24 bargaining agreement nor does it prevent or abrogate any
25 collective bargaining provisions that recognize special
26 protection on the basis of seniority or job experience.
27 Section 2. Paragraph (bb) of subsection (1) of section
28 216.011, Florida Statutes, is amended to read:
29 216.011 Definitions.--
30 (1) For the purpose of fiscal affairs of the state,
31 appropriations acts, legislative budgets, and approved
4
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1 budgets, each of the following terms has the meaning
2 indicated:
3 (bb) "Operating capital outlay" means the
4 appropriation category used to fund equipment, fixtures, and
5 other tangible personal property of a nonconsumable and
6 nonexpendable nature, according up to the value or cost
7 specified in s. 273.02.
8 Section 3. Subsections (4) and (9) of section 216.013,
9 Florida Statutes, are amended to read:
10 216.013 Long-range program plan.--
11 (4) The Executive Office of the Governor shall review
12 the long-range program plans for executive agencies to ensure
13 that they are consistent with the state's goals and objectives
14 and other requirements as specified in the written
15 instructions and that they provide the framework and context
16 for the agency's budget request. In its review, the Executive
17 Office of the Governor shall consider the findings of the
18 Technology Review Workgroup as to the consistency of the
19 information technology portion of long-range program plans
20 with the State Annual Report on Information Resources
21 Management and statewide policies recommended by the State
22 Technology Council and the state's plan for facility needs
23 pursuant to s. 216.0158. Based on the results of the review,
24 the Executive Office of the Governor may require an agency to
25 revise the plan.
26 (9) Agencies and the judicial branch shall make
27 appropriate adjustments to their long-range program plans to
28 be consistent with the appropriations and performance measures
29 in the General Appropriations Act and legislation implementing
30 the General Appropriations Act. Agencies and the judicial
31 branch have until June 15 to make adjustments to their plans
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1 and submit the adjusted plans to the Executive Office of the
2 Governor for review.
3 Section 4. Paragraphs (d) and (j) of subsection (4) of
4 section 216.023, Florida Statutes, are amended, present
5 subsections (8) through (12) of that section are renumbered as
6 subsections (9) through (13), respectively, and a new
7 subsection (8) is added to that section, to read:
8 216.023 Legislative budget requests to be furnished to
9 Legislature by agencies.--
10 (4) The legislative budget request must contain for
11 each program:
12 (d) The total number of positions (authorized, fixed,
13 and or requested).
14 (j) Unit costs for major activities for the budget
15 entities as defined in the General Appropriations Act. It is
16 the intent of the Legislature to use unit-cost data not only
17 as a budgeting tool but also as a policymaking tool and an
18 accountability tool. Therefore, each budget entity must also
19 submit a one-page summary of information related to itself,
20 subordinate entities, and contracting entities which includes:
21 1. The budget for each entity;
22 2. The total amount of revenue received or otherwise
23 passed through each entity;
24 3. The line-item listings of major activities along
25 with total amounts spent for each major activity and unit
26 costs for each such activity; and
27 4. The total amount of reversions or actual
28 pass-throughs without unit-cost data. approved output measures
29 pursuant to s. 186.022.
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1 At the regular session immediately following the submission of
2 the agency unit cost summary, the Legislature shall reduce in
3 the General Appropriations Act for the ensuing fiscal year, by
4 an amount equal to at least 10 percent of the allocation for
5 the fiscal year preceding the current fiscal year, the funding
6 of each state agency that fails to submit the report required
7 under this paragraph.
8 (8) As a part of the legislative budget request, the
9 head of each state agency and the Chief Justice of the Supreme
10 Court for the judicial branch shall include an inventory of
11 all litigation in which the agency is involved that may
12 require additional appropriations to the agency or amendments
13 to the law under which the agency operates. No later than
14 March 1 following the submission of the legislative budget
15 request, the head of the state agency and the Chief Justice of
16 the Supreme Court shall provide an update of any additions or
17 changes to the inventory. Such inventory shall include
18 information specified annually in the legislative budget
19 instructions.
20 Section 5. Paragraph (a) of subsection (2) of section
21 216.0446, Florida Statutes, is amended to read:
22 216.0446 Review of information resources management
23 needs.--
24 (2) In addition to its primary duty specified in
25 subsection (1), the Technology Review Workgroup shall have
26 powers and duties that include, but are not limited to, the
27 following:
28 (a) To evaluate the information resource management
29 needs identified in the agency long-range program plans for
30 consistency with the State Annual Report on Information
31 Resources Management and statewide policies recommended by the
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1 State Technology Office Council, and make recommendations to
2 the chairs of the legislative appropriations committees.
3 Section 6. Subsections (5) and (6) of section 216.136,
4 Florida Statutes, are amended to read:
5 216.136 Consensus estimating conferences; duties and
6 principals.--
7 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
8 (a) Duties.--The Criminal Justice Estimating
9 Conference shall:
10 1. Develop such official information relating to the
11 criminal justice system, including forecasts of prison
12 admissions and population and of supervised felony offender
13 admissions and population by offense categories specified in
14 Rule 3.701, Florida Rules of Criminal Procedure, as the
15 conference determines is needed for the state planning and
16 budgeting system.
17 2. Develop such official information relating to the
18 number of eligible discharges and the projected number of
19 civil commitments for determining space needs pursuant to the
20 civil proceedings provided under part V of chapter 394.
21 (b) Principals.--The Executive Office of the Governor,
22 the coordinator of the Office of Economic and Demographic
23 Research, and professional staff, who have forecasting
24 expertise, from the Senate, the House of Representatives, and
25 the Supreme Court, or their designees, are the principals of
26 the Criminal Justice Estimating Conference. The principal
27 representing the Executive Office of the Governor shall
28 preside over sessions of the conference.
29 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.--
30 (a) Duties.--
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1 1. The Social Services Estimating Conference shall
2 develop such official information relating to the social
3 services system of the state, including forecasts of social
4 services caseloads, utilization, and expenditures, as the
5 conference determines is needed for the state planning and
6 budgeting system. Such official information shall include,
7 but not be limited to, cash assistance and Medicaid subsidized
8 child care caseloads mandated by the Family Support Act of
9 1988.
10 2. In addition, the Social Services Estimating
11 Conference shall develop estimates and forecasts of the
12 unduplicated count of children eligible for subsidized child
13 care as defined in s. 402.3015(1). These estimates and
14 forecasts shall not include children enrolled in the
15 prekindergarten early intervention program established in s.
16 230.2305.
17 3. The Department of Children and Family Services and
18 the Department of Education shall provide information on
19 caseloads and waiting lists for the subsidized child care and
20 prekindergarten early intervention programs requested by the
21 Social Services Estimating Conference or individual conference
22 principals, in a timely manner.
23 2.4. The Social Services Estimating Conference shall
24 develop information relating to the Florida Kidcare program,
25 including, but not limited to, outreach impacts, enrollment,
26 caseload, utilization, and expenditure information that the
27 conference determines is needed to plan for and project future
28 budgets and the drawdown of federal matching funds. The
29 agencies required to collect and analyze Florida Kidcare
30 program data under s. 409.8134 shall be participants in the
31 Social Services Estimating Conference for purposes of
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1 developing information relating to the Florida Kidcare
2 program.
3 (b) Principals.--The Executive Office of the Governor,
4 the coordinator of the Office of Economic and Demographic
5 Research, and professional staff, who have forecasting
6 expertise, from the Department of Children and Family
7 Services, the Agency for Health Care Administration, the
8 Senate, and the House of Representatives, or their designees,
9 are the principals of the Social Services Estimating
10 Conference. The principal representing the Executive Office
11 of the Governor shall preside over sessions of the conference.
12 Section 7. Section 216.177, Florida Statutes, is
13 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) The official list of General Revenue Fund
23 appropriations determined in consultation with the Executive
24 Office of the Governor to be nonrecurring; and
25 (b) The documents set forth in s. 216.0442(2)(a) and
26 (c),
27
28 to the Executive Office of the Governor, the Comptroller, the
29 Auditor General, the Chief Justice of the Supreme Court, and
30 each state agency. A request for additional explanation and
31 direction regarding the legislative intent of the General
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1 Appropriations Act during the fiscal year may be made to the
2 chair and vice chair of the Legislative Budget Commission or
3 the President of the Senate and the Speaker of the House of
4 Representatives only by and through the Executive Office of
5 the Governor for state agencies, and by and through the Chief
6 Justice of the Supreme Court for the judicial branch, as is
7 deemed necessary. However, the Comptroller may also request
8 further clarification of legislative intent pursuant to the
9 Comptroller's responsibilities related to his or her preaudit
10 function of expenditures.
11 (2)(a) Whenever notice of action to be taken by the
12 Executive Office of the Governor or the Chief Justice of the
13 Supreme Court is required by this chapter, such notice shall
14 be given to the chair and vice chair of the Legislative Budget
15 Commission and chairs of the legislative appropriations
16 committees in writing, and shall be delivered at least 14 days
17 prior to the action referred to, unless a shorter period is
18 approved in writing by the chair. If the action is solely for
19 the release of funds appropriated by the Legislature, the
20 notice shall be delivered at least 3 days before the effective
21 date of the action. Action shall not be taken on any budget
22 item for which this chapter requires notice to the Legislative
23 Budget Commission or the and appropriations committees without
24 such notice having been provided, even though there may be
25 good cause for considering such item.
26 (b) If the chair and vice chair of the Legislative
27 Budget Commission or the President of the Senate and the
28 Speaker of the House of Representatives timely advise, in
29 writing, the Executive Office of the Governor or the Chief
30 Justice of the Supreme Court that an action or a proposed
31 action, whether subject to the notice and review requirements
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1 of this chapter or not, exceeds the delegated authority of the
2 Executive Office of the Governor for the executive branch or
3 the Chief Justice for the judicial branch, respectively, or is
4 contrary to legislative policy and intent, the Governor or the
5 Chief Justice of the Supreme Court shall void such action and
6 instruct the affected state agency or entity of the judicial
7 branch to change immediately its spending action or spending
8 proposal until the Legislative Budget Commission or the
9 Legislature addresses the issue. The written documentation
10 shall indicate the specific reasons that an action or proposed
11 action exceeds the delegated authority or is contrary to
12 legislative policy and intent.
13 (c) The House of Representatives and the Senate shall
14 provide by rule that any member of the House of
15 Representatives or Senate may request, in writing, of either
16 the President of the Senate or the Speaker of the House of
17 Representatives or the chair of the Legislative Budget
18 Commission to initiate the procedures of paragraph (b).
19 (3) The Legislature may annually specify any
20 incentives and disincentives for agencies operating programs
21 under performance-based program budgets pursuant to this
22 chapter in the General Appropriations Act or legislation
23 implementing the General Appropriations Act.
24 (4) Notwithstanding the 14-day notice requirements of
25 this section, and for the 2000-2001 fiscal year only, the
26 Department of Children and Family Services is required to
27 provide notice of proposed transfers submitted pursuant to s.
28 20.19(10)(c)8. to the Executive Office of the Governor and the
29 chairs of the legislative appropriations committees at least 3
30 working days prior to their implementation.
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1 Section 8. Subsections (6), (10), and (11) of section
2 216.181, Florida Statutes, are amended to read:
3 216.181 Approved budgets for operations and fixed
4 capital outlay.--
5 (6)(a) The Executive Office of the Governor or the
6 Chief Justice of the Supreme Court may require the submission
7 of a detailed plan from the agency or entity of the judicial
8 branch affected, consistent with the General Appropriations
9 Act, special appropriations acts, and the statement of intent
10 before transferring and releasing the balance of a lump-sum
11 appropriation. The provisions of this paragraph are subject to
12 the notice and review procedures set forth in s. 216.177.
13 (b) The Executive Office of the Governor and the Chief
14 Justice of the Supreme Court may amend, without approval of
15 the Legislative Budget Commission, state agency and judicial
16 branch entity budgets, respectively, to reflect the
17 transferred funds based on the approved plans for lump-sum
18 appropriations.
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20 The Executive Office of the Governor shall transmit to each
21 state agency and the Comptroller, and the Chief Justice shall
22 transmit to each judicial branch component and the
23 Comptroller, any approved amendments to the approved operating
24 budgets.
25 (10)(a) The Executive Office of the Governor and the
26 Chief Justice of the Supreme Court may increase or decrease
27 the approved salary rate for positions for the purpose of
28 implementing the General Appropriations Act, special
29 appropriations acts, and actions pursuant to s. 216.262
30 consistent with legislative intent and policy. Other
31 adjustments to approved salary rate must be approved by the
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1 Legislative Budget Commission pursuant to the request of the
2 agency filed with the Executive Office of the Governor or
3 pursuant to the request of an entity of the judicial branch
4 filed with the Chief Justice of the Supreme Court, if deemed
5 necessary and in the best interest of the state and consistent
6 with legislative policy and intent. The provisions of this
7 paragraph are subject to the notice and review procedures set
8 forth in s. 216.177.
9 (b) Lump-sum salary bonuses may be provided only if
10 specifically appropriated or provided pursuant to s. 216.1815
11 or s. 110.1245.
12 (c) State agencies and the judicial branch shall
13 report, each fiscal quarter, the number of filled positions,
14 the number of vacant positions, and the salary rate associated
15 with each category to the Legislative Budget Commission in a
16 form and manner prescribed by the commission.
17 (11) The Executive Office of the Governor may approve
18 transfers of appropriations in the General Appropriations Act
19 within any state trust fund of an agency, and the Chief
20 Justice of the Supreme Court may approve such transfers for
21 the judicial branch. The Executive Office of the Governor and
22 the Chief Justice of the Supreme Court may approve changes in
23 the amounts appropriated from state trust funds in excess of
24 those in the approved operating budget up to $1 million only
25 pursuant to the federal funds provisions of s. 216.212, when
26 grants and donations are received after April 1, or when
27 deemed necessary due to a set of conditions that were
28 unforeseen at the time the General Appropriations Act was
29 adopted and that are essential to correct in order to continue
30 the operation of government. Changes in the amounts
31 appropriated from state trust funds in excess of those in the
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1 approved operating budget which are in excess of $1 million
2 may be approved only by the Legislative Budget Commission
3 pursuant to the request of a state agency filed with the
4 Executive Office of the Governor or pursuant to the request of
5 an entity of the judicial branch filed with the Chief Justice
6 of the Supreme Court. The provisions of this subsection are
7 subject to the notice, review, and objection procedures set
8 forth in s. 216.177.
9 Section 9. Section 216.1815, Florida Statutes, is
10 created to read:
11 216.1815 Agency incentive and savings program.--
12 (1) In order to provide an incentive for agencies and
13 the judicial branch to re-engineer business processes and
14 otherwise increase operating efficiency, it is the intent of
15 the Legislature to allow agencies and the judicial branch to
16 retain a portion of the savings produced by internally
17 generated agency or judicial branch program efficiencies and
18 cost reductions.
19 (2) To be eligible to retain funds, an agency or the
20 Chief Justice of the Supreme Court must submit a plan and an
21 associated request to amend its approved operating budget to
22 the Legislative Budget Commission specifying:
23 (a) The modifications to approved programs resulting
24 in efficiencies and cost savings;
25 (b) The amount and source of the funds and positions
26 saved;
27 (c) The specific positions, rate, amounts, and sources
28 of funds the agency or the judicial branch wishes to include
29 in its incentive expenditures;
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1 (d) How the agency or the judicial branch will meet
2 the goals and objectives established in its long-range program
3 plan;
4 (e) How the agency or the judicial branch will meet
5 performance standards established by the Legislature and those
6 in its long-range program plan; and
7 (f) Any other incentive expenditures which the agency
8 or the judicial branch believes will enhance its performance.
9 (3) Notwithstanding the 14-day notice requirement
10 contained in s. 216.177(2)(a), all plans and budget amendments
11 submitted to the Legislative Budget Commission pursuant to
12 this section shall be delivered at least 30 days prior to the
13 date of the commission meeting at which the request will be
14 considered.
15 (4) In determining the amount the agency or the
16 judicial branch will be allowed to retain, the commission
17 shall consider the actual savings projected for the current
18 budget year and the annualized savings.
19 (5) The amount to be retained by the agency or the
20 judicial branch shall be no less than 5 percent and no more
21 than 25 percent of the annual savings and may be used by the
22 agency or the judicial branch for salary increases or other
23 expenditures specified in the agency's or the judicial
24 branch's plan if the salary increases or other expenditures do
25 not create a recurring cost to the state in excess of the
26 recurring savings achieved by the agency or the judicial
27 branch in the plan.
28 (6) Each agency or judicial branch allowed to retain
29 funds pursuant to this section shall submit in its next
30 legislative budget request a schedule showing how it used such
31 funds.
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1 Section 10. Section 216.1826, Florida Statutes, is
2 created to read:
3 216.1826 Activity-based planning and
4 budgeting.--Agencies are directed to work in consultation with
5 the Executive Office of the Governor and the appropriations
6 and appropriate substantive committees of the Legislature, and
7 the Chief Justice of the Supreme Court is directed to work
8 with the appropriations and appropriate substantive committees
9 of the Legislature, to identify and reach consensus on the
10 appropriate services and activities for activity-based
11 budgeting. It is the intent of the Legislature that all
12 dollars within an agency or the judicial branch be allocated
13 to the appropriate activity for budgeting purposes.
14 Additionally, agencies or the judicial branch shall examine
15 approved performance measures and recommend any changes so
16 that outcomes are clearly delineated for each service or
17 program, as appropriate, and outputs are aligned with
18 activities. Output measures should be capable of being used
19 to generate a unit cost for each activity resulting in a true
20 accounting of what the state should spend on each activity it
21 provides and what the state should expect to accomplish with
22 those funds.
23 Section 11. Subsection (1) of section 216.192, Florida
24 Statutes, is amended to read:
25 216.192 Release of appropriations; revision of
26 budgets.--
27 (1) Unless otherwise provided in the General
28 Appropriations Act, on July 1 of each fiscal year, up to 25
29 percent of the original approved operating budget of each
30 agency and of the judicial branch may be released until such
31 time as annual plans for quarterly releases for all
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1 appropriations have been developed, approved, and furnished to
2 the Comptroller by the Executive Office of the Governor for
3 state agencies and by the Chief Justice of the Supreme Court
4 for the judicial branch. The plans, including appropriate
5 plans of releases for fixed capital outlay projects that
6 correspond with each project schedule, shall attempt to
7 maximize the use of trust funds and shall be transmitted to
8 the Comptroller by August 1 of each fiscal year. Such releases
9 shall at no time exceed the total appropriations available to
10 a state agency or to the judicial branch, or the approved
11 budget for such agency or the judicial branch if less. The
12 Comptroller shall enter such releases in his or her records in
13 accordance with the release plans prescribed by the Executive
14 Office of the Governor and the Chief Justice, unless otherwise
15 amended as provided by law. The Executive Office of the
16 Governor and the Chief Justice shall transmit a copy of the
17 approved annual releases to the head of the state agency, the
18 chair and vice chair of the Legislative Budget Commission, the
19 chairs of the legislative appropriations committees, and the
20 Auditor General. The Comptroller shall authorize all
21 expenditures to be made from the appropriations on the basis
22 of such releases and in accordance with the approved budget,
23 and not otherwise. Expenditures shall be authorized only in
24 accordance with legislative authorizations. Nothing herein
25 precludes periodic reexamination and revision by the Executive
26 Office of the Governor or by the Chief Justice of the annual
27 plans for release of appropriations and the notifications of
28 the parties of all such revisions.
29 Section 12. Section 216.216, Florida Statutes, is
30 amended to read:
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1 216.216 Court settlement funds negotiated by the
2 state.--In any court settlement in which a state agency or
3 officer or any other counsel representing the interests of the
4 state negotiates settlement amounts to be expended by on any
5 state operational or fixed capital issue in the judicial
6 branch or the executive branch, such funds may not be expended
7 unless the Legislature has appropriated funds to the agency in
8 the appropriate category or the Legislative Budget Commission
9 has approved a budget amendment for such funds. In either
10 instance, the funding source identified must be sufficient to
11 cover both the anticipated program costs and the amount of the
12 settlement, the settlement must not be contrary to the intent
13 of the Legislature, and, if the settlement amount is
14 substantial, good reason must exist for entering into the
15 settlement prior to the next legislative session and no
16 significant amount of recurring funding shall be committed
17 appropriated by the Legislature to the appropriate agency
18 responsible for the operational or fixed capital issue. When a
19 state agency or officer settles an action in which the state
20 will receive moneys, the funds shall be placed in the General
21 Revenue Fund or in the trust fund that is associated with the
22 agency's or officer's authority to pursue the legal action.
23 The provisions of this section are subject to the notice and
24 review procedures set forth in s. 216.177.
25 Section 13. Present subsection (10) of section
26 216.221, Florida Statutes, is renumbered as subsection (11),
27 and a new subsection (10) is added to that section to read:
28 216.221 Appropriations as maximum appropriations;
29 adjustment of budgets to avoid or eliminate deficits.--
30 (10) When advised by the Revenue Estimating
31 Conference, the Comptroller, or any agency responsible for a
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1 trust fund that a deficit will occur with respect to the
2 appropriations from a specific trust fund in the current
3 fiscal year, the Governor for the executive branch, or the
4 Chief Justice for the judicial branch, shall develop a plan of
5 action to eliminate the deficit. Before implementing the plan
6 of action, the Governor or the Chief Justice must comply with
7 the provisions of s. 216.177(2). In developing the plan of
8 action, the Governor or the Chief Justice shall, to the extent
9 possible, preserve legislative policy and intent, and, absent
10 any specific directions to the contrary in the General
11 Appropriations Act, any reductions in appropriations from the
12 trust fund for the fiscal year shall be prorated among the
13 specific appropriations made from the trust fund for the
14 current fiscal year.
15 Section 14. Paragraph (a) of subsection (1) of section
16 216.262, Florida Statutes, is amended to read:
17 216.262 Authorized positions.--
18 (1)(a) Unless otherwise expressly provided by law, the
19 total number of authorized positions may not exceed the total
20 provided in the appropriations acts. In the event any state
21 agency or entity of the judicial branch finds that the number
22 of positions so provided is not sufficient to administer its
23 authorized programs, it may file an application with the
24 Executive Office of the Governor or the Chief Justice; and, if
25 the Executive Office of the Governor office or Chief Justice
26 certifies that there are no authorized positions available for
27 addition, deletion, or transfer within the agency as provided
28 in paragraph (c) and recommends an increase in the number of
29 positions, the Governor or the Chief Justice may, after a
30 public hearing, authorize an increase in the number of
31 positions for the following reasons only:
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1 1. To implement or provide for continuing federal
2 grants or changes in grants not previously anticipated;
3 2. To meet emergencies pursuant to s. 252.36;
4 3. To satisfy new federal regulations or changes
5 therein;
6 4. To take advantage of opportunities to reduce
7 operating expenditures or to increase the revenues of the
8 state or local government; and
9 5. To authorize positions which were not fixed by the
10 Legislature through error in drafting the appropriations acts.
11
12 The provisions of this paragraph are subject to the notice and
13 review procedures set forth in s. 216.177. A copy of the
14 application, the certification, and the final authorization
15 shall be filed with the Legislative Budget Commission, the
16 appropriations committees, and with the Auditor General.
17 Section 15. Subsections (2), (3), (4), and (5) of
18 section 216.292, Florida Statutes, are amended to read:
19 216.292 Appropriations nontransferable; exceptions.--
20 (2) A lump sum appropriated for a performance-based
21 program must be distributed by the Governor for state agencies
22 or the Chief Justice for the judicial branch into the
23 traditional expenditure categories in accordance with s.
24 216.181(6)(b). At any time during the year, the agency head
25 or Chief Justice may transfer funds between those categories
26 with no limit on the amount of the transfer. Authorized
27 revisions of the original approved operating budget, together
28 with related changes, if any, must be transmitted by the state
29 agency or by the judicial branch to the Executive Office of
30 the Governor or the Chief Justice, the chair and vice chair of
31 the Legislative Budget Commission, the chairs of the
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1 legislative appropriations committees, the Office of Program
2 Policy Analysis and Government Accountability, and the Auditor
3 General. Such authorized revisions shall be consistent with
4 the intent of the approved operating budget, shall be
5 consistent with legislative policy and intent, and shall not
6 conflict with specific spending policies specified in the
7 General Appropriations Act. The Executive Office of the
8 Governor shall forward a copy of the revisions within 7
9 working days to the Comptroller for entry in his or her
10 records in the manner and format prescribed by the Executive
11 Office of the Governor in consultation with the Comptroller.
12 Such authorized revisions shall be consistent with the intent
13 of the approved operating budget, shall be consistent with
14 legislative policy and intent, and shall not conflict with
15 specific spending policies specified in the General
16 Appropriations Act.
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, whichever is greater, by all action taken
28 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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1 of the original approved budget or $150,000, whichever is
2 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 chair and vice chair of the
17 Legislative Budget Commission, the chairs of the legislative
18 committees, and the Auditor General.
19 (4)(a) The head of each department or the Chief
20 Justice of the Supreme Court may transfer funds within
21 programs identified in the General Appropriations Act from
22 identical funding sources between the following appropriation
23 categories without limitation so long as such a transfer does
24 not result in an increase to the total recurring general
25 revenue or trust fund cost of the agency or entity of the
26 judicial branch in the subsequent fiscal year: other personal
27 services, expenses, operating capital outlay, food products,
28 performance-based program budgeting lump sums, acquisition of
29 motor vehicles, data processing services, operating and
30 maintenance of patrol vehicles, overtime payments, salary
31 incentive payments, compensation to retired judges, law
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1 libraries, and juror and witness payments. Such transfers must
2 be consistent with legislative policy and intent and must not
3 adversely affect achievement of approved performance outcomes
4 or outputs in any program. Notice of proposed transfers under
5 this authority shall be provided to the Executive Office of
6 the Governor and the chairs of the legislative appropriations
7 committees at least 5 working days prior to their
8 implementation.
9 (b) The head of each department or the Chief Justice
10 of the Supreme Court may transfer funds and positions from
11 identical funding sources between salaries and benefits
12 appropriation categories within programs identified in the
13 General Appropriations Act. Such transfers must be consistent
14 with legislative policy and intent and must not adversely
15 affect achievement of approved performance outcomes or outputs
16 in any program. Notice of proposed transfers under this
17 authority shall be provided to the Executive Office of the
18 Governor and the chairs of the legislative appropriations
19 committees at least 5 working days prior to their
20 implementation.
21 (5)(a) Transfers of appropriations for operations from
22 the General Revenue Fund in excess of those provided in
23 subsections (3) and (4) but within a state agency or within
24 the judicial branch may be authorized by the commission for
25 the executive branch and the Chief Justice for the judicial
26 branch, pursuant to the request of the agency filed with the
27 Executive Office of the Governor, or pursuant to the request
28 of an entity of the judicial branch filed with the Chief
29 Justice of the Supreme Court, if deemed necessary and in the
30 best interest of the state and consistent with legislative
31 policy and intent. The provisions of this paragraph are
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1 subject to the notice, review, and objection procedures set
2 forth in s. 216.177.
3 (b) Transfers of appropriations for operations from
4 trust funds in excess of those provided in subsection (4)
5 which are greater than 5 percent of the original approved
6 budget or $1 million, whichever is greater, but within a state
7 agency or within the judicial branch may be authorized by the
8 commission, pursuant to the request of the agency filed with
9 the Executive Office of the Governor or pursuant to the
10 request of an entity of the judicial branch filed with the
11 Chief Justice of the Supreme Court, if deemed necessary and in
12 the best interest of the state and consistent with legislative
13 policy and intent. The provisions of this paragraph are
14 subject to the notice, review, and objection procedures set
15 forth in s. 216.177.
16 (c)(b) When an appropriation for a named fixed capital
17 outlay project is found to be in excess of that needed to
18 complete that project, at the request of the Executive Office
19 of the Governor for state agencies or the Chief Justice of the
20 Supreme Court for the judicial branch the excess may be
21 transferred, with the approval of the commission or the Chief
22 Justice, to another project for which there has been an
23 appropriation in the same fiscal year from the same fund and
24 within the same department where a deficiency is found to
25 exist. Further, a fixed capital outlay project may not be
26 initiated without a specific legislative appropriation, nor
27 may The scope of a fixed capital outlay project may not be
28 changed by any the transfer of funds made pursuant to this
29 subsection. The provisions of this paragraph are subject to
30 the notice, review, and objection procedures set forth in s.
31 216.177.
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1 (d) A fixed capital outlay project may not be
2 initiated without a specific legislative appropriation.
3 (e)(c) Federal funds for fixed capital outlay projects
4 for the Department of Military Affairs which do not carry a
5 continuing commitment on future appropriations by the
6 Legislature may be approved by the Executive Office of the
7 Governor for the purpose received. The provisions of this
8 paragraph are subject to the notice, review, and objection
9 procedures set forth in s. 216.177.
10 Section 16. Section 11.90, Florida Statutes, is
11 amended to read:
12 11.90 Legislative Budget Budgeting Commission.--
13 (1) There is created a standing joint committee of the
14 Legislature designated the Legislative Budget Budgeting
15 Commission, composed of 14 members as follows: seven members
16 of the Senate appointed by the President of the Senate, to
17 include the Chairman of the Senate Budget Committee or its
18 successor, and seven members of the House of Representatives
19 appointed by the Speaker of the House of Representatives, to
20 include the Chairman of the Fiscal Responsibility Council or
21 its successor. The terms of members shall be for 2 years and
22 shall run from the organization of one Legislature to the
23 organization of the next Legislature. Vacancies occurring
24 during the interim period shall be filled in the same manner
25 as the original appointment. During even-numbered years, the
26 chair of the commission shall be the chair of the Senate
27 Budget Committee or its successor, and the vice chair of the
28 commission shall be the chair of the House Fiscal
29 Responsibility Council or its successor. During odd-numbered
30 years, the chair of the commission shall be the chair of the
31 House Fiscal Responsibility Council or its successor, and the
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1 vice chair of the commission shall be the chair of the Senate
2 Budget Committee or its successor. The members of the
3 committee shall elect a chair and vice chair. During the
4 2-year term, a member of each house shall serve as chair for 1
5 year.
6 (2) The Legislative Budget Commission shall be
7 governed by joint rules of the Senate and the House of
8 Representatives which shall remain in effect until repealed or
9 amended by concurrent resolution.
10 (3) The commission shall meet at least quarterly and
11 more frequently at the direction of the presiding officers or
12 upon call of the chairman. A quorum shall consist of a
13 majority of members from each house, plus one additional
14 member from either house. Action by the commission requires a
15 majority vote of the members present of each house.
16 (4) The commission may conduct its meetings through
17 teleconferences or other similar means.
18 (5) The commission will be jointly staffed by the
19 appropriations committees of the House of Representatives and
20 the Senate. During even-numbered years, the Senate will serve
21 as lead staff, and during odd-numbered years, the House of
22 Representatives will serve as lead staff.
23 Section 17. Subsection (2) of section 27.345, Florida
24 Statutes, is amended to read:
25 27.345 State Attorney RICO Trust Fund; authorized use
26 of funds; reporting.--
27 (2) There is created for each of the several state
28 attorneys a trust fund to be known as the State Attorney RICO
29 Trust Fund. The amounts awarded to a state attorney pursuant
30 to this section shall be deposited in the trust fund for that
31 state attorney. Funds deposited in such trust fund shall be
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1 used, when authorized by appropriation or action of the
2 Executive Office of the Governor pursuant to s.
3 216.181(11)(10), for investigation, prosecution, and
4 enforcement by that state attorney of civil or criminal causes
5 of action arising under the provisions of the Florida RICO
6 (Racketeer Influenced and Corrupt Organization) Act.
7 Section 18. Section 27.3451, Florida Statutes, is
8 amended to read:
9 27.3451 State Attorney's Forfeiture and Investigative
10 Support Trust Fund.--There is created for each of the several
11 state attorneys a trust fund to be known as the State
12 Attorney's Forfeiture and Investigative Support Trust Fund.
13 Revenues received by a state attorney as a result of
14 forfeiture proceedings, as provided under s. 932.704, shall be
15 deposited in such trust fund and shall be used, when
16 authorized by appropriation or action of the Executive Office
17 of the Governor pursuant to s. 216.181(11)(10), for the
18 investigation of crime, prosecution of criminals, or other law
19 enforcement purposes.
20 Section 19. Section 27.385, Florida Statutes, is
21 created to read:
22 27.385 Budget expenditures.--
23 (1) Notwithstanding provisions to the contrary in s.
24 27.34(2), a state attorney may expend appropriated state funds
25 for items that are enumerated in that subsection.
26 (2) Each state attorney shall, by October 1 of each
27 fiscal year, submit a report to the Legislative Budget
28 Commission showing the amount of state funds expended during
29 the previous fiscal year ending in June for the items
30 enumerated in s. 27.34(2). The Justice Administrative
31 Commission shall prescribe the format of this report.
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1 Section 20. Section 27.605, Florida Statutes, is
2 created to read:
3 27.605 Budget expenditures.--
4 (1) Notwithstanding provisions to the contrary in s.
5 27.54(3), a public defender may expend appropriated state
6 funds for items that are enumerated in that subsection.
7 (2) Each public defender shall, by October 1 of each
8 fiscal year, submit a report to the Legislative Budget
9 Commission showing the amount of state funds expended during
10 the previous fiscal year ending in June for the items
11 enumerated in s. 27.54(3).
12 Section 21. Section 45.062, Florida Statutes, is
13 amended to read:
14 45.062 Settlements, conditions, or orders when an
15 agency of the executive branch is a party.--
16 (1) In any civil action in which a state executive
17 branch agency or officer is a party in state or federal court,
18 the officer, agent, official, or attorney who represents or is
19 acting on behalf of such agency or officer may not settle such
20 action, consent to any condition, or agree to any order in
21 connection therewith, if the settlement, condition, or order
22 requires the expenditure of or the obligation to expend any
23 state funds or other state resources, or the establishment of
24 any new program, unless:
25 (a) The expenditure is provided for by an existing
26 appropriation or program established by law; and
27 (b) Prior written notification is given within 5
28 business days of the date the settlement or presettlement
29 agreement or order is to be made final to the President of the
30 Senate, the Speaker of the House of Representatives, the
31 Senate and House minority leaders, and the Attorney General.
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1 Such notification shall specify how the agency involved will
2 address the costs in future years within the limits of current
3 appropriations.
4 (2) The state executive branch agency or officer shall
5 negotiate a closure date as soon as possible for the civil
6 action.
7 (3) The state executive branch agency or officer may
8 not pledge any current or future action of another branch of
9 state government as a condition for settling the civil action.
10 (4) State executive branch agencies and officers shall
11 report to each substantive and fiscal committee of the
12 Legislature having jurisdiction over the reporting agency on
13 all potential settlements which may commit the state to:
14 (a) Spend in excess of current appropriations; or
15 (b) Make policy changes inconsistent with current law.
16
17 The state executive branch agency or officer shall provide
18 periodic updates to the appropriate legislative committees on
19 these issues during the settlement process.
20 Section 22. Notwithstanding the provisions of section
21 10 of chapter 90-110, Laws of Florida, subsection (3) of
22 section 215.20, Florida Statutes, shall not stand repealed on
23 October 1, 2001, and shall continue in full force and effect.
24 Section 23. Section 284.385, Florida Statutes, is
25 amended to read:
26 284.385 Reporting and handling of claims.--All
27 departments covered by the State Risk Management Trust Fund
28 under this part shall immediately report all known or
29 potential claims to the Department of Insurance for handling,
30 except employment complaints which have not been filed with
31 the Florida Human Relations Commission, Equal Employment
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1 Opportunity Commission, or any similar agency. When deemed
2 necessary, the Department of Insurance shall assign or
3 reassign the claim to counsel. The assigned counsel shall
4 report regularly to the Department of Insurance or to the
5 covered department on the status of any such claims or
6 litigation as required by the Department of Insurance. No
7 such claim shall be compromised or settled for monetary
8 compensation without the prior approval of the Department of
9 Insurance and prior notification to the covered department.
10 All departments shall cooperate with the Department of
11 Insurance in its handling of claims. The Department of
12 Insurance, the Department of Management Services, and the
13 Department of Banking and Finance, with the cooperation of the
14 state attorneys and the clerks of the courts, shall develop a
15 system to coordinate the exchange of information concerning
16 claims for and against the state, its agencies, and its
17 subdivisions, to assist in collection of amounts due to them.
18 The covered department shall have the responsibility for the
19 settlement of any claim for injunctive or affirmative relief
20 under 42 U.S.C. s. 1983 or similar federal or state statutes.
21 The payment of a settlement or judgment for any claim covered
22 and reported under this part shall be made only from the State
23 Risk Management Trust Fund.
24 Section 24. Paragraph (b) of subsection (2) of section
25 376.15, Florida Statutes, is amended to read:
26 376.15 Derelict vessels; removal from public waters.--
27 (2)
28 (b) The commission may establish a program to provide
29 grants to coastal local governments for the removal of
30 derelict vessels from the public waters of the state. The
31 program shall be funded from the Florida Coastal Protection
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1 Trust Fund. Notwithstanding the provisions in s.
2 216.181(11)(10), funds available for grants may only be
3 authorized by appropriations acts of the Legislature.
4 Section 25. Section 215.98, Florida Statutes, is
5 created to read:
6 215.98 State debt fiscal responsibility.--
7 (1) It is the public policy of this state to encourage
8 fiscal responsibility on matters pertaining to state debt. In
9 an effort to finance essential capital projects for the
10 benefit of residents at favorable interest rates, the state
11 must continue to maintain its excellent credit standing with
12 investors. Authorizations of state debt must take into
13 account the ability of the state to meet its total debt
14 service requirements in light of other demands on the state's
15 fiscal resources. The Legislature declares that it is the
16 policy of this state to exercise prudence in undertaking the
17 authorization and issuance of debt. In order to implement
18 this policy, the Legislature desires to authorize the issuance
19 of additional state tax-supported debt only when such
20 authorization would not cause the ratio of debt service to
21 revenue available to pay debt service on tax-supported debt to
22 exceed 6 percent. If the 6-percent target debt ratio will be
23 exceeded, the authorization of such additional debt must be
24 accompanied by a legislative statement of determination that
25 such authorization and issuance is in the best interest of the
26 state and should be implemented. The Legislature shall not
27 authorize the issuance of additional state tax-supported debt
28 if such authorization would cause the designated benchmark
29 debt ratio of debt service to revenues available to pay debt
30 service to exceed 7 percent unless the Legislature determines
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1 that such additional debt is necessary to address a critical
2 state emergency.
3 (2) The Division of Bond Finance shall conduct a debt
4 affordability analysis each year. Proposed capital projects
5 that require funding by the issuance of additional state debt
6 shall be evaluated on the basis of the analysis to assist the
7 Governor and the Legislature in setting priorities among
8 capital projects and related appropriations.
9 (a) The Division of Bond Finance shall annually
10 prepare a debt affordability report, to be presented to the
11 governing board of the Division of Bond Finance, the President
12 of the Senate, the Speaker of the House of Representatives,
13 and the chair of each appropriations committee by December 15
14 of each year, for purposes of providing a framework for the
15 Legislature to evaluate and establish priorities for bills
16 that propose the authorization of additional state debt during
17 the next budget year.
18 (b) The report shall include, but not be limited to:
19 1. A listing of state debt outstanding, other debt
20 secured by state revenues, and other contingent debt.
21 2. An estimate of revenues available for the next 10
22 fiscal years to pay debt service, including general revenues
23 plus any revenues specifically pledged to pay debt service.
24 3. An estimate of additional debt issuance for the
25 next 10 fiscal years for the state's existing borrowing
26 programs.
27 4. A schedule of the annual debt service requirements,
28 including principal and interest allocation, on the
29 outstanding state debt and an estimate of the annual debt
30 service requirements on the debt included in subparagraph 3.
31 for each of the next 10 fiscal years.
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1 5. An overview of the state's general obligation
2 credit rating.
3 6. Identification and calculation of pertinent debt
4 ratios, including, but not limited to, debt service to
5 revenues available to pay debt service, debt to personal
6 income, and debt per capita for the state's net tax-supported
7 debt.
8 7. The estimated debt capacity available over the next
9 10 fiscal years without the benchmark debt ratio of debt
10 service to revenue exceeding 6 percent.
11 8. A comparison of the debt ratios prepared for
12 subparagraph 6., with the comparable debt ratios for the 10
13 most populous states.
14 (c) The Division of Bond Finance shall prepare an
15 update of the report set forth above upon completion of the
16 revenue estimates prepared in connection with the legislative
17 session.
18 (d) Any entity issuing debt secured by state revenues
19 shall provide the information necessary to prepare the debt
20 affordability report.
21 (3) Failure to comply with this section shall not
22 affect the validity of any debt or the authorization of such
23 debt.
24 Section 26. Subsection (6) is added to section 11.90,
25 Florida Statutes, to read:
26 11.90 Legislative Budgeting Commission.--
27 (6) The commission shall have the power and duty to:
28 (a) Annually review the amount of state debt
29 outstanding and submit to the President of the Senate and the
30 Speaker of the House of Representatives an estimate of the
31 maximum amount of additional state tax-supported debt that
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1 prudently may be authorized during the current fiscal year.
2 The estimate shall be advisory and shall in no way bind the
3 Legislature.
4 (b) Promptly after receiving the report required by s.
5 215.98(2)(c), the commission shall submit to the President of
6 the Senate and the Speaker of the House of Representatives the
7 commission's estimate of tax-supported debt which prudently
8 may be authorized for the next fiscal year, together with a
9 report explaining the basis for the estimate.
10 Section 27. This act shall take effect July 1, 2001.
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