Senate Bill sb2508e1

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    SB 2508                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to state planning and

  3         budgeting; amending s. 11.90, F.S.; revising

  4         the membership of the Legislative Budget

  5         Commission; providing for the appointment of

  6         presiding officers; revising requirements for

  7         meetings and a quorum; revising requirements

  8         for appointing the staff of the commission;

  9         requiring the commission to review budget

10         amendments proposed by the Governor or Chief

11         Justice; authorizing the commission to perform

12         other duties prescribed by the Legislature;

13         amending s. 29.0095, F.S.; requiring the

14         legislative appropriations committees to

15         prescribe the format of budget expenditure

16         reports; amending s. 110.1245, F.S., relating

17         to the savings sharing program; correcting a

18         reference; amending s. 216.011, F.S.;

19         redefining the term "consultation" and defining

20         the term "long-range fiscal plan" for purposes

21         of state fiscal affairs; creating s. 216.012,

22         F.S.; providing requirements for the long-range

23         fiscal plan prepared by the commission;

24         requiring state agencies to provide certain

25         information; specifying timeframes for state

26         agencies and the commission in developing and

27         completing the long-range fiscal plan; amending

28         s. 216.023, F.S.; clarifying certain

29         requirements for legislative budget

30         instructions; amending s. 216.231, F.S.;

31         requiring that a determination be made by the


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    SB 2508                                  First Engrossed (ntc)



 1         Governor rather than the commission before the

 2         release of certain appropriations; amending s.

 3         216.262, F.S., relating to the transfer of

 4         positions; correcting a reference; amending s.

 5         320.20, F.S.; revising requirements for the

 6         transfer of certain funds; amending s.

 7         409.1671, F.S.; deleting obsolete provisions

 8         governing proposals to the Legislative Budget

 9         Commission; repealing s. 409.912(5), F.S.,

10         relating to a plan for implementing new

11         Medicaid procedure codes; amending s. 631.141,

12         F.S.; clarifying provisions requiring the

13         commission to approve certain appropriations;

14         amending s. 943.61, F.S., relating to

15         appropriations to the Capitol Police; deleting

16         provisions requiring approval by the Governor

17         and the commission; amending s. 1013.512, F.S.;

18         requiring a recommendation by the Governor

19         before placing certain school district funds in

20         reserve; providing a contingent effective date.

21  

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

23  

24         Section 1.  Section 11.90, Florida Statutes, is amended

25  to read:

26         11.90  Legislative Budget Commission.--

27         (1)  There is created the joint Legislative Budget

28  Commission composed of the following members: five members of

29  the Senate appointed by the President of the Senate, one of

30  whom must be the President Pro Tempore of the Senate and one

31  of whom must be the chairperson of the appropriations


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    SB 2508                                  First Engrossed (ntc)



 1  committee of the Senate; and five members of the House of

 2  Representatives appointed by the Speaker of the House of

 3  Representatives, one of whom must be the Speaker Pro Tempore

 4  of the House of Representatives and one of whom must be the

 5  chairperson of the appropriations committee of the House of

 6  Representatives. Each member shall serve at the pleasure of

 7  the officer who appointed the member. A vacancy on the

 8  commission shall be filled in the same manner as the original

 9  appointment. From November of each odd-numbered year through

10  October of each even-numbered year, the chairperson of the

11  commission shall be the President Pro Tempore of the Senate

12  and the vice chairperson of the commission shall be the

13  Speaker Pro Tempore of the House of Representatives. From

14  November of each even-numbered year through October of each

15  odd-numbered year, the chairperson of the commission shall be

16  the Speaker Pro Tempore of the House of Representatives and

17  the vice chairperson of the commission shall be the President

18  Pro Tempore of the Senate. There is created a standing joint

19  committee of the Legislature designated the Legislative Budget

20  Commission, composed of 14 members as follows:  seven members

21  of the Senate appointed by the President of the Senate, to

22  include the chair of the Senate Budget Committee or its

23  successor, and seven members of the House of Representatives

24  appointed by the Speaker of the House of Representatives, to

25  include the chair of the Fiscal Responsibility Council or its

26  successor. The terms of members shall be for 2 years and shall

27  run from the organization of one Legislature to the

28  organization of the next Legislature. Vacancies occurring

29  during the interim period shall be filled in the same manner

30  as the original appointment.  During even-numbered years, the

31  chair of the commission shall be the chair of the Senate


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    SB 2508                                  First Engrossed (ntc)



 1  Budget Committee or its successor, and the vice chair of the

 2  commission shall be the chair of the House Fiscal

 3  Responsibility Council or its successor.  During odd-numbered

 4  years, the chair of the commission shall be the chair of the

 5  House Fiscal Responsibility Council or its successor, and the

 6  vice chair of the commission shall be the chair of the Senate

 7  Budget Committee or its successor.

 8         (2)  The Legislative Budget Commission shall be

 9  governed by joint rules of the Senate and the House of

10  Representatives which shall remain in effect until repealed or

11  amended by concurrent resolution.

12         (3)  The commission shall convene at the call of the

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

14  Representatives at least quarterly. A majority of the

15  commission members of each house constitutes a quorum. The

16  commission shall meet at least quarterly. A quorum shall

17  consist of a majority of members from each house, plus one

18  additional member from either house. Action by the commission

19  requires a majority vote of the members present of each house.

20         (4)  The commission may conduct its meetings through

21  teleconferences or other similar means.

22         (5)  The commission shall be staffed by legislative

23  staff members, as assigned by the President of the Senate and

24  the Speaker of the House of Representatives. The commission

25  will be jointly staffed by the appropriations committees of

26  the House of Representatives and the Senate. During

27  even-numbered years, the Senate will serve as lead staff, and

28  during odd-numbered years, the House of Representatives will

29  serve as lead staff.

30         (6)  The commission shall have the power and duty to:

31  


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    SB 2508                                  First Engrossed (ntc)



 1         (a)  Review and approve or disapprove budget amendments

 2  proposed by the Governor or the Chief Justice of the Supreme

 3  Court as provided in chapter 216. Annually review the amount

 4  of state debt outstanding and submit to the President of the

 5  Senate and the Speaker of the House of Representatives an

 6  estimate of the maximum amount of additional state

 7  tax-supported debt that prudently may be authorized during the

 8  current fiscal year.  The estimate shall be advisory and shall

 9  in no way bind the Legislature.

10         (b)  Promptly After receiving the report required by s.

11  215.98(2)(c), the commission shall submit to the President of

12  the Senate and the Speaker of the House of Representatives the

13  commission's estimate of tax-supported debt which prudently

14  may be authorized for the next fiscal year, together with a

15  report explaining the basis for the estimate. The estimate

16  shall be advisory and is not binding on the Legislature.

17  

18  In addition to the powers and duties specified in this

19  section, the commission shall exercise all other powers and

20  perform any other duties prescribed by the Legislature.

21         (7)  The commission shall review information resources

22  management needs identified in agency long-range program plans

23  for consistency with the State Annual Report on Enterprise

24  Resource Planning and Management and statewide policies

25  adopted by the State Technology Office.  The commission shall

26  also review proposed budget amendments associated with

27  information technology that involve more than one agency, that

28  have an outcome that impacts another agency, or that exceed

29  $500,000 in total cost over a 1-year period.

30         Section 2.  Subsection (4) of section 29.0095, Florida

31  Statutes, is amended to read:


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    SB 2508                                  First Engrossed (ntc)



 1         29.0095  Budget expenditure reports.--

 2         (4)  The appropriations committees of the Senate and

 3  the House of Representatives Legislative Budget Commission

 4  shall prescribe the format of the report required by this

 5  section in consultation with the Chief Justice and the Justice

 6  Administrative Commission.

 7         Section 3.  Paragraph (b) of subsection (1) of section

 8  110.1245, Florida Statutes, is amended to read:

 9         110.1245  Savings sharing program; bonus payments;

10  other awards.--

11         (1)

12         (b)  Each agency head shall recommend employees

13  individually or by group to be awarded an amount of money,

14  which amount shall be directly related to the cost savings

15  realized. Each proposed award and amount of money must be

16  approved by the Legislative Budget Budgeting Commission.

17         Section 4.  Paragraph (h) of subsection (1) of section

18  216.011, Florida Statutes, is amended, and paragraph (rr) is

19  added to that subsection, to read:

20         216.011  Definitions.--

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

22  appropriations acts, legislative budgets, and approved

23  budgets, each of the following terms has the meaning

24  indicated:

25         (h)  "Consultation" means communication on fiscal

26  matters between the Governor and the Legislature to deliberate

27  and seek advice in an open and forthright manner with the full

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

29  deemed appropriate by the chair of the respective

30  appropriations committee.

31  


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    SB 2508                                  First Engrossed (ntc)



 1         (rr)  "Long-range fiscal plan" means a 5-year plan,

 2  developed by the commission and updated annually using

 3  official information, including, but not limited to,

 4  projections developed by the consensus estimating conferences,

 5  which projects state revenues and expenditures and provides

 6  the framework and context for legislative budget requests

 7  prepared by state agencies.

 8         Section 5.  Section 216.012, Florida Statutes, is

 9  created to read:

10         216.012  Long-range fiscal plan.--

11         (1)  The commission shall develop a long-range 5-year

12  fiscal plan and shall update that plan each year.

13         (2)  Each state agency shall provide information to the

14  commission, based on the commission's direction, which

15  supports the commission's development and updates of the

16  long-range fiscal plan.

17         (a)  By May 30 of each year, the commission shall

18  provide the goals and objectives of the long-range fiscal plan

19  to the state agencies.

20         (b)  By June 30 of each year, state agencies shall

21  provide estimates of the funding that would be necessary to

22  meet the goals and objectives of the long-range fiscal plan.

23         (c)  By July 15 of each year, the commission shall:

24         1.  Accept the estimates provided by an agency;

25         2.  Modify the estimates provided by an agency; or

26         3.  Direct an agency to modify its estimates,

27  consistent with directions specified by the commission.

28         (d)  By July 30 of each year, an agency directed to

29  modify its estimate shall provide new estimates to the

30  commission.

31  


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    SB 2508                                  First Engrossed (ntc)



 1         (e)  By August 15 of each year, the commission shall

 2  complete the long-range fiscal plan.

 3         Section 6.  Subsection (13) of section 216.023, Florida

 4  Statutes, is amended to read:

 5         216.023  Legislative budget requests to be furnished to

 6  Legislature by agencies.--

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

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

 9  reviewed by the Legislature. The legislative budget request

10  instructions must provide for consistency between the agency's

11  long-range plan and the agency's legislative budget request.

12         Section 7.  Subsection (2) of section 216.231, Florida

13  Statutes, is amended to read:

14         216.231  Release of certain classified

15  appropriations.--

16         (2)  The release of appropriated funds classified as

17  "deficiency" shall be approved only when a General Revenue

18  Fund appropriation for operations of a state agency or of the

19  judicial branch is inadequate because the workload or cost of

20  the operation exceeds that anticipated by the Legislature and

21  a determination has been made by the Governor commission that

22  the deficiency will result in an impairment of the activities

23  of an agency or of the judicial branch to the extent that the

24  agency is unable to carry out its program as provided by the

25  Legislature in the general appropriations acts. These funds

26  may not be used for creation of any new agency or program, for

27  increases of salary, or for the construction or equipping of

28  additional buildings.

29         Section 8.  Paragraph (c) of subsection (1) of section

30  216.262, Florida Statutes, is amended to read:

31         216.262  Authorized positions.--


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    SB 2508                                  First Engrossed (ntc)



 1         (1)

 2         (c)1.  The Executive Office of the Governor, under such

 3  procedures and qualifications as it deems appropriate, shall,

 4  upon agency request, delegate to any state agency authority to

 5  add and delete authorized positions or transfer authorized

 6  positions from one budget entity to another budget entity

 7  within the same division, and may approve additions and

 8  deletions of authorized positions or transfers of authorized

 9  positions within the state agency when such changes would

10  enable the agency to administer more effectively its

11  authorized and approved programs.  The additions or deletions

12  must be consistent with the intent of the approved operating

13  budget, must be consistent with legislative policy and intent,

14  and must not conflict with specific spending policies

15  specified in the General Appropriations Act.

16         2.  The Chief Justice of the Supreme Court shall have

17  the authority to establish procedures for the judicial branch

18  to add and delete authorized positions or transfer authorized

19  positions from one budget entity to another budget entity, and

20  to add and delete authorized positions within the same budget

21  entity, when such changes are consistent with legislative

22  policy and intent and do not conflict with spending policies

23  specified in the General Appropriations Act.

24         3.a.  A state agency may be eligible to retain salary

25  dollars for authorized positions eliminated after July 1,

26  2001. The agency must certify the eliminated positions to the

27  Legislative Budget Budgeting Commission.

28         b.  The Legislative Budget Budgeting Commission shall

29  authorize the agency to retain 20 percent of the salary

30  dollars associated with the eliminated positions and may

31  


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    SB 2508                                  First Engrossed (ntc)



 1  authorize retention of a greater percentage. All such salary

 2  dollars shall be used for permanent salary increases.

 3         Section 9.  Paragraph (b) of subsection (5) of section

 4  320.20, Florida Statutes, is amended to read:

 5         320.20  Disposition of license tax moneys.--The revenue

 6  derived from the registration of motor vehicles, including any

 7  delinquent fees and excluding those revenues collected and

 8  distributed under the provisions of s. 320.081, must be

 9  distributed monthly, as collected, as follows:

10         (5)

11         (b)  The Chief Financial Officer each month shall

12  deposit in the State Transportation Trust Fund an amount,

13  drawn from other funds in the State Treasury which are not

14  immediately needed or are otherwise in excess of the amount

15  necessary to meet the requirements of the State Treasury,

16  which when added to such remaining revenues each month will

17  equal one-twelfth of the amount of the anticipated annual

18  revenues to be deposited in the State Transportation Trust

19  Fund under paragraph (a) as estimated by the most recent

20  revenue estimating conference held pursuant to s. 216.136(3).

21  If recommended by the Governor pursuant to s. 216.221, the

22  transfers required hereunder may be suspended by action of the

23  Legislative Budget Commission in the event of a significant

24  shortfall of state revenues.

25         Section 10.  Subsection (7) of section 409.1671,

26  Florida Statutes, as amended by section 27 of chapter

27  2003-399, Laws of Florida, is amended to read:

28         409.1671  Foster care and related services;

29  privatization.--

30         (7)  The department, in consultation with existing lead

31  agencies, shall develop a proposal regarding the long-term use


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    SB 2508                                  First Engrossed (ntc)



 1  and structure of a statewide shared earnings program which

 2  addresses the financial risk to eligible lead community-based

 3  providers resulting from unanticipated caseload growth or from

 4  significant changes in client mixes or services eligible for

 5  federal reimbursement. The recommendations in the statewide

 6  proposal must also be available to entities of the department

 7  until the conversion to community-based care takes place. At a

 8  minimum, the proposal must allow for use of federal earnings

 9  received from child welfare programs, which earnings are

10  determined by the department to be in excess of the amount

11  appropriated in the General Appropriations Act, to be used for

12  specific purposes. These purposes include, but are not limited

13  to:

14         (a)  Significant changes in the number or composition

15  of clients eligible to receive services.

16         (b)  Significant changes in the services that are

17  eligible for reimbursement.

18         (c)  Significant changes in the availability of federal

19  funds.

20         (d)  Shortfalls in state funds available for eligible

21  or ineligible services.

22         (e)  Significant changes in the mix of available funds.

23         (f)  Scheduled or unanticipated, but necessary,

24  advances to providers or other cash-flow issues.

25         (g)  Proposals to participate in optional Medicaid

26  services or other federal grant opportunities.

27         (h)  Appropriate incentive structures.

28         (i)  Continuity of care in the event of lead agency

29  failure, discontinuance of service, or financial misconduct.

30  

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    SB 2508                                  First Engrossed (ntc)



 1  The department shall further specify the necessary steps to

 2  ensure the financial integrity of these dollars and their

 3  continued availability on an ongoing basis. The final proposal

 4  shall be submitted to the Legislative Budget Commission for

 5  formal adoption before December 31, 2002. If the Legislative

 6  Budget Commission refuses to concur with the adoption of the

 7  proposal, the department shall present its proposal in the

 8  form of recommended legislation to the President of the Senate

 9  and the Speaker of the House of Representatives before the

10  commencement of the next legislative session. For fiscal year

11  2003-2004 and annually thereafter, The Department of Children

12  and Family Services may request in its legislative budget

13  request, and the Governor may recommend, the funding necessary

14  to carry out paragraph (i) from excess federal earnings. The

15  General Appropriations Act shall include any funds

16  appropriated for this purpose in a lump sum in the

17  Administered Funds Program, which funds constitute partial

18  security for lead agency contract performance. The department

19  shall use this appropriation to offset the need for a

20  performance bond for that year after a comparison of risk to

21  the funds available. In no event shall this performance bond

22  exceed 2.5 percent of the annual contract value. The

23  department may separately require a bond to mitigate the

24  financial consequences of potential acts of malfeasance,

25  misfeasance, or criminal violations by the provider. Prior to

26  the release of any funds in the lump sum, the department shall

27  submit a detailed operational plan, which must identify the

28  sources of specific trust funds to be used. The release of the

29  trust fund shall be subject to the notice and review

30  provisions of s. 216.177. However, the release shall not

31  require approval of the Legislative Budget Commission.


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    SB 2508                                  First Engrossed (ntc)



 1         Section 11.  Subsection (5) of section 409.912, Florida

 2  Statutes, is repealed.

 3         Section 12.  Paragraph (b) of subsection (7) of section

 4  631.141, Florida Statutes, is amended to read:

 5         631.141  Conduct of delinquency proceeding; domestic

 6  and alien insurers.--

 7         (7)

 8         (b)  In the event that initiation of delinquency

 9  proceedings does not result in appointment of the department

10  as receiver, or in the event that the funds or assets of an

11  insurer for which the department is appointed as receiver are

12  insufficient to cover the cost of compensation to special

13  agents, counsel, clerks, or assistants and all expenses of

14  taking, or attempting to take, possession of the insurer, and

15  of conducting the proceeding, there is appropriated, upon

16  approval of the Chief Financial Officer and of the Legislative

17  Budget Commission pursuant to chapter 216, from the Insurance

18  Regulation Trust Fund to the Division of Rehabilitation and

19  Liquidation a sum that is sufficient to cover the unreimbursed

20  costs.

21         Section 13.  Subsection (3) of section 943.61, Florida

22  Statutes, is amended to read:

23         943.61  Powers and duties of the Capitol Police.--

24         (3)  Notwithstanding the provisions of chapter 216, no

25  assets, personnel, or resources shall be taken from the

26  Capitol Police, and no appropriation to the Capitol Police

27  shall be reduced without the express approval of the Governor

28  and the Legislative Budget Commission. Nothing herein limits

29  the ability of the Capitol Police to provide mutual aid to

30  other law enforcement agencies as authorized by law unless

31  


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    SB 2508                                  First Engrossed (ntc)



 1  such a limitation is expressly included in the operational

 2  security plans provided for herein.

 3         Section 14.  Subsection (2) of section 1013.512,

 4  Florida Statutes, is amended to read:

 5         1013.512  Land Acquisition and Facilities Advisory

 6  Board.--

 7         (2)  If the director of the Office of Program Policy

 8  Analysis and Government Accountability (OPPAGA) or the Auditor

 9  General determines in a review or examination that significant

10  deficiencies exist in a school district's land acquisition and

11  facilities operational processes, he or she shall certify to

12  the President of the Senate, the Speaker of the House of

13  Representatives, the Legislative Budget Commission, and the

14  Governor that the deficiency exists. If recommended by the

15  Governor, the Legislative Budget Commission shall approve or

16  disapprove the placement of determine whether funds for the

17  school district funds will be placed in reserve until the

18  deficiencies are corrected.

19         Section 15.  This act shall take effect upon the

20  effective date of the amendment to the State Constitution

21  contained in Senate Joint Resolution No. 2506, or a similar

22  constitutional amendment, relating to the state budgeting,

23  planning, and appropriations processes.

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