HB 1823CS

CHAMBER ACTION



1The Fiscal Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to state planning and budgeting; amending
7s. 11.90, F.S.; revising membership provisions of the
8Legislative Budget Commission; providing for the
9appointment of presiding officers; revising requirements
10for meetings and a quorum; revising requirements for
11appointing the staff of the commission; requiring the
12commission to review budget amendments proposed by the
13Governor or Chief Justice; requiring the commission to
14develop a long-range financial outlook; requiring the
15commission to perform other duties prescribed by the
16Legislature; creating s. 11.91, F.S.; creating the
17Government Efficiency Task Force; providing for
18appointment of its members; requiring that the task force
19meet at specified intervals; authorizing the task force to
20conduct meetings through teleconferences or similar means;
21providing for members to be reimbursed for per diem and
22travel expenses; requiring the task force to complete its
23work within 1 year and report to the Legislative Budget
24Commission, the Governor, and the Chief Justice of the
25Supreme Court; amending s. 29.0095, F.S.; requiring the
26legislative appropriations committees to prescribe the
27format of budget expenditure reports; amending s.
28110.1245, F.S., relating to the savings sharing program;
29correcting a reference; amending s. 216.011, F.S.;
30revising and providing definitions; creating s. 216.012,
31F.S.; providing requirements for the long-range financial
32outlook prepared by the commission; requiring state
33agencies to provide certain information; specifying
34timeframes for state agencies and the commission in
35developing and completing the long-range financial
36outlook; amending s. 216.023, F.S.; clarifying certain
37requirements for legislative budget instructions; amending
38s. 216.065, F.S.; revising provisions relating to certain
39fiscal impact statements; requiring fiscal impact
40statements to be provided to the Legislative Budget
41Commission in addition to the legislative appropriations
42committees; requiring that such statements contain
43information concerning subsequent fiscal years; amending
44s. 216.162, F.S.; revising the date for the Governor's
45recommended budget to be furnished to the Legislature;
46removing a provision authorizing the presiding officers of
47the Legislature to approve submission of the Governor's
48recommended budget at a later date than otherwise
49required; amending s. 216.178, F.S.; extending the
50deadline for production of the final budget report;
51amending s. 216.262, F.S., relating to the transfer of
52positions; correcting a reference; providing a contingent
53effective date.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Section 11.90, Florida Statutes, is amended to
58read:
59     11.90  Legislative Budget Commission.--
60     (1)  There is created the Legislative Budget Commission,
61which is the joint Legislative Budget Commission created in s.
6219, Art. III of the State Constitution, composed of seven
63members of the Senate appointed by the President of the Senate
64and seven members of the House of Representatives appointed by
65the Speaker of the House of Representatives. Each member shall
66serve at the pleasure of the officer who appointed the member. A
67vacancy on the commission shall be filled in the same manner as
68the original appointment. From November of each odd-numbered
69year through October of each even-numbered year, the chair of
70the commission shall be appointed by the President of the Senate
71and the vice chair of the commission shall be appointed by the
72Speaker of the House of Representatives. From November of each
73even-numbered year through October of each odd-numbered year,
74the chair of the commission shall be appointed the Speaker of
75the House of Representatives and the vice chair of the
76commission shall be appointed by the President of the Senate
77There is created a standing joint committee of the Legislature
78designated the Legislative Budget Commission, composed of 14
79members as follows: seven members of the Senate appointed by the
80President of the Senate, to include the chair of the Senate
81Budget Committee or its successor, and seven members of the
82House of Representatives appointed by the Speaker of the House
83of Representatives, to include the chair of the Fiscal
84Responsibility Council or its successor. The terms of members
85shall be for 2 years and shall run from the organization of one
86Legislature to the organization of the next Legislature.
87Vacancies occurring during the interim period shall be filled in
88the same manner as the original appointment. During even-
89numbered years, the chair of the commission shall be the chair
90of the Senate Budget Committee or its successor, and the vice
91chair of the commission shall be the chair of the House Fiscal
92Responsibility Council or its successor. During odd-numbered
93years, the chair of the commission shall be the chair of the
94House Fiscal Responsibility Council or its successor, and the
95vice chair of the commission shall be the chair of the Senate
96Budget Committee or its successor.
97     (2)  The Legislative Budget Commission shall be governed by
98joint rules of the Senate and the House of Representatives which
99shall remain in effect until repealed or amended by concurrent
100resolution.
101     (3)  The commission shall convene at the call of the
102President of the Senate and the Speaker of the House of
103Representatives at least quarterly. A majority of the commission
104members of each house plus one additional member from either
105house constitutes a quorum. The commission shall meet at least
106quarterly and more frequently at the direction of the presiding
107officers or upon call of the chair. A quorum shall consist of a
108majority of members from each house, plus one additional member
109from either house. Action by the commission requires a majority
110vote of the members present of each house.
111     (4)  The commission may conduct its meetings through
112teleconferences or other similar means.
113     (5)  The commission shall be staffed by legislative staff
114members, as assigned by the President of the Senate and the
115Speaker of the House of Representatives. The commission will be
116jointly staffed by the appropriations committees of the House of
117Representatives and the Senate. During even-numbered years, the
118Senate will serve as lead staff, and during odd-numbered years,
119the House of Representatives will serve as lead staff.
120     (6)  The commission shall have the power and duty to:
121     (a)  Review and approve or disapprove budget amendments
122proposed by the Governor or the Chief Justice of the Supreme
123Court as provided in chapter 216 Annually review the amount of
124state debt outstanding and submit to the President of the Senate
125and the Speaker of the House of Representatives an estimate of
126the maximum amount of additional state tax-supported debt that
127prudently may be authorized during the current fiscal year. The
128estimate shall be advisory and shall in no way bind the
129Legislature.
130     (b)  Develop the long-range financial outlook described in
131s. 19, Art. III of the State Constitution Promptly after
132receiving the report required by s. 215.98(2)(c), the commission
133shall submit to the President of the Senate and the Speaker of
134the House of Representatives the commission's estimate of tax-
135supported debt which prudently may be authorized for the next
136fiscal year, together with a report explaining the basis for the
137estimate.
138
139In addition to the powers and duties specified in this section,
140the commission shall exercise all other powers and perform any
141other duties prescribed by the Legislature.
142     (7)  The commission shall review information resources
143management needs identified in agency long-range program plans
144for consistency with the State Annual Report on Enterprise
145Resource Planning and Management and statewide policies adopted
146by the State Technology Office. The commission shall also review
147proposed budget amendments associated with information
148technology that involve more than one agency, that have an
149outcome that impacts another agency, or that exceed $500,000 in
150total cost over a 1-year period.
151     Section 2.  Section 11.91, Florida Statutes, is created to
152read:
153     11.91  Government Efficiency Task Force.--
154     (1)  There is created the Government Efficiency Task Force.
155The task force shall convene no later than January of 2007, and
156each fourth year thereafter. The task force shall be composed of
15713 members. Five members shall be appointed by the President of
158the Senate, five members shall be appointed by the Speaker of
159the House of Representatives, and three members shall be
160appointed by the Governor. Members of the task force may include
161representatives from the private sector, as designated by the
162President of the Senate, the Speaker of the House of
163Representatives, and the Governor. Each member shall serve at
164the pleasure of the officer who appointed the member. A vacancy
165on the task force shall be filled in the same manner as the
166original appointment. The terms of the members shall be for 1
167year.
168     (2)  The task force shall elect a chair from among its
169members.
170     (3)  The task force shall meet as necessary, but at least
171quarterly, at the call of the chair and at the time and place
172designated by the chair. The task force may conduct its meetings
173through teleconferences or other similar means.
174     (4)  Members of the task force are entitled to receive
175reimbursement for per diem and travel expenses pursuant to s.
176112.061.
177     (5)  The task force shall develop recommendations for
178improving governmental operations and reducing costs. Staff to
179assist the task force in performing its duties shall be assigned
180by the Governor, the President of the Senate, and the Speaker of
181the House of Representatives.
182     (6)  The task force shall complete its work within 1 year
183and submit its recommendations to the chair and vice chair of
184the Legislative Budget Commission, the Governor, and the Chief
185Justice of the Supreme Court. The task force may submit all or
186part of its recommendations at any time during the year, but a
187final report summarizing its recommendations must be submitted
188at the completion of its work.
189     Section 3.  Subsection (4) of section 29.0095, Florida
190Statutes, is amended to read:
191     29.0095  Budget expenditure reports.--
192     (4)  The appropriations committees of the Senate and the
193House of Representatives Legislative Budget Commission shall
194prescribe the format of the report required by this section in
195consultation with the Chief Justice and the Justice
196Administrative Commission.
197     Section 4.  Paragraph (b) of subsection (1) of section
198110.1245, Florida Statutes, is amended to read:
199     110.1245  Savings sharing program; bonus payments; other
200awards.--
201     (1)
202     (b)  Each agency head shall recommend employees
203individually or by group to be awarded an amount of money, which
204amount shall be directly related to the cost savings realized.
205Each proposed award and amount of money must be approved by the
206Legislative Budget Budgeting Commission.
207     Section 5.  Paragraph (h) of subsection (1) of section
208216.011, Florida Statutes, is amended, and paragraph (rr) is
209added to that subsection, to read:
210     216.011  Definitions.--
211     (1)  For the purpose of fiscal affairs of the state,
212appropriations acts, legislative budgets, and approved budgets,
213each of the following terms has the meaning indicated:
214     (h)  "Consultation" means communication on fiscal matters
215between the Governor and the Legislature to deliberate and seek
216advice in an open and forthright manner with the full committee,
217a subcommittee thereof, the chair, or the staff as deemed
218appropriate by the chair of the respective appropriations
219committee.
220     (rr)  "Long-range financial outlook" means a 3-year plan,
221developed by the commission and updated annually using official
222information, including, but not limited to, projections
223developed by the consensus estimating conferences, which
224projects state revenues and expenditures and provides the
225framework and context for legislative budget requests prepared
226by state agencies.
227     Section 6.  Section 216.012, Florida Statutes, is created
228to read:
229     216.012  Long-range financial outlook.--
230     (1)  The commission shall develop a long-range 3-year
231financial outlook and shall update that plan each year.
232     (2)  Each state agency shall provide information to the
233commission, based on the commission's direction, which supports
234the commission's development and updates of the long-range
235financial outlook.
236     (a)  By July 1 of each year, the commission shall provide
237the fiscal strategies of the long-range financial outlook to the
238state agencies.
239     (b)  By July 31 of each year, state agencies shall provide
240estimates of the funding that would be necessary to implement
241the fiscal strategies.
242     (c)  By August 15 of each year, the commission shall:
243     1.  Accept the estimates provided by an agency;
244     2.  Modify the estimates provided by an agency; or
245     3.  Direct an agency to modify its estimates, consistent
246with directions specified by the commission.
247     (d)  By August 31 of each year, an agency directed to
248modify its estimate shall provide new estimates to the
249commission.
250     (e)  By September 15 of each year, the commission shall
251complete the long-range financial outlook.
252     Section 7.  Subsections (1) and (13) of section 216.023,
253Florida Statutes, are amended, and paragraph (c) is added to
254subsection (4) of that section, to read:
255     216.023  Legislative budget requests to be furnished to
256Legislature by agencies.--
257     (1)  The head of each state agency, except as provided in
258subsection (2), shall submit a final legislative budget request
259to the Legislature and to the Governor, as chief budget officer
260of the state, in the form and manner prescribed in the budget
261instructions and at such time as specified by the Executive
262Office of the Governor, based on the agency's independent
263judgment of its needs. However, a no state agency may not shall
264submit its complete legislative budget request, including all
265supporting forms and schedules required by this chapter, later
266than October September 15 of any each year, unless an
267alternative date is agreed to be in the best interests of the
268state by the President of the Senate, the Speaker of the House
269of Representatives, and the Governor.
270     (4)
271     (c)  The legislative budget request submitted by each
272agency must reflect the long-range financial outlook adopted by
273the Legislative Budget Commission, either by basing specific
274requests on the long-range financial outlook or by explaining
275how any specific request varies from the long-range financial
276outlook.
277     (13)  In order to ensure an integrated state planning and
278budgeting process, the agency long-range plan should be reviewed
279by the Legislature. The legislative budget request instructions
280must provide for consistency between the agency's long-range
281plan and the agency's legislative budget request.
282     Section 8.  Section 216.065, Florida Statutes, is amended
283to read:
284     216.065  Fiscal impact statements on actions affecting the
285budget.--In addition to the applicable requirements of chapter
286120, before the Governor, or Governor and Cabinet as a body,
287performing any constitutional or statutory duty, or before any
288state agency or statutorily authorized entity takes take any
289final action that will affect revenues, directly require a
290request for an increased or new appropriation in the following 3
291fiscal years, year or that will transfer current year funds, it
292they shall first provide the Legislative Budget Commission and
293the legislative appropriations committees with a fiscal impact
294statement that details the effects of such action on the budget.
295The fiscal impact statement must specify the estimated budget
296and revenue impacts for the current year and the 2 subsequent
297fiscal years at the same level of detail required to support a
298legislative budget request, including amounts by appropriation
299category and fund.
300     Section 9.  Subsection (1) of section 216.162, Florida
301Statutes, is amended to read:
302     216.162  Governor's recommended budget to be furnished
303Legislature; copies to members.--
304     (1)  At least 30 45 days before the scheduled annual
305legislative session or at a later date if requested by the
306Governor and approved in writing by the President of the Senate
307and the Speaker of the House of Representatives, the Governor
308shall furnish each senator and representative a copy of his or
309her recommended balanced budget for the state, based on the
310Governor's own conclusions and judgment; provided, however, that
311in his or her first year in office a new Governor may request,
312subject to approval of the President of the Senate and the
313Speaker of the House of Representatives, that his or her
314recommended balanced budget be submitted at a later time prior
315to the Governor's first regular legislative session.
316     Section 10.  Subsection (2) of section 216.178, Florida
317Statutes, is amended to read:
318     216.178  General Appropriations Act; format; procedure.--
319     (2)  The Office of Planning and Budgeting shall develop a
320final budget report that reflects the net appropriations for
321each budget item. The report shall reflect actual expenditures
322for each of the 2 preceding fiscal years and the estimated
323expenditures for the current fiscal year. In addition, the
324report must contain the actual revenues and cash balances for
325the preceding 2 fiscal years and the estimated revenues and cash
326balances for the current fiscal year. The report may also
327contain expenditure data, program objectives, and program
328measures for each state agency program. The report must be
329produced by the 120th day of October 15 each fiscal year. A copy
330of the report must be made available to each member of the
331Legislature, to the head of each state agency, to the Auditor
332General, to the director of the Office of Program Policy
333Analysis and Government Accountability, and to the public.
334     Section 11.  Paragraph (c) of subsection (1) of section
335216.262, Florida Statutes, is amended to read:
336     216.262  Authorized positions.--
337     (1)
338     (c)1.  The Executive Office of the Governor, under such
339procedures and qualifications as it deems appropriate, shall,
340upon agency request, delegate to any state agency authority to
341add and delete authorized positions or transfer authorized
342positions from one budget entity to another budget entity within
343the same division, and may approve additions and deletions of
344authorized positions or transfers of authorized positions within
345the state agency when such changes would enable the agency to
346administer more effectively its authorized and approved
347programs. The additions or deletions must be consistent with the
348intent of the approved operating budget, must be consistent with
349legislative policy and intent, and must not conflict with
350specific spending policies specified in the General
351Appropriations Act.
352     2.  The Chief Justice of the Supreme Court shall have the
353authority to establish procedures for the judicial branch to add
354and delete authorized positions or transfer authorized positions
355from one budget entity to another budget entity, and to add and
356delete authorized positions within the same budget entity, when
357such changes are consistent with legislative policy and intent
358and do not conflict with spending policies specified in the
359General Appropriations Act.
360     3.a.  A state agency may be eligible to retain salary
361dollars for authorized positions eliminated after July 1, 2001.
362The agency must certify the eliminated positions to the
363Legislative Budget Budgeting Commission.
364     b.  The Legislative Budget Budgeting Commission shall
365authorize the agency to retain 20 percent of the salary dollars
366associated with the eliminated positions and may authorize
367retention of a greater percentage. All such salary dollars shall
368be used for permanent salary increases.
369     Section 12.  This act shall take effect upon the effective
370date of the amendment to the State Constitution contained in
371House Joint Resolution No. 1821, or a similar constitutional
372amendment, relating to the state budgeting, planning, and
373appropriations processes, if that amendment is approved by the
374electors at the general election to be held in November 2006.


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