Senate Bill sb2146
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Florida Senate - 2005 SB 2146
By Senator Atwater
25-1036C-05
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 creating s. 11.91, F.S.; creating the
14 Government Efficiency Task Force for the
15 purpose of recommending improvements to
16 governmental operations and reducing costs;
17 providing for the Governor, the President of
18 the Senate, and the Speaker of the House of
19 Representatives to appoint its members;
20 requiring that the task force meet at 4-year
21 intervals beginning on a specified date;
22 authorizing the task force to conduct meeting
23 through teleconferences; providing for members
24 to be reimbursed for per diem and travel
25 expenses; requiring the task force to complete
26 its work within 1 year and report to the
27 Legislative Budget Commission, the Governor,
28 and the Chief Justice of the Supreme Court;
29 amending s. 29.0095, F.S.; requiring the
30 legislative appropriations committees to
31 prescribe the format of budget expenditure
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1 reports; amending s. 110.1245, F.S., relating
2 to the savings sharing program; correcting a
3 reference; amending s. 216.011, F.S.;
4 redefining the term "consultation" and defining
5 the term "long-range financial outlook" for
6 purposes of state fiscal affairs; creating s.
7 216.012, F.S.; providing requirements for the
8 long-range financial outlook prepared by the
9 commission; requiring state agencies to provide
10 certain information; specifying timeframes for
11 state agencies and the commission in developing
12 and completing the long-range financial
13 outlook; amending s. 216.023, F.S.; clarifying
14 certain requirements for legislative budget
15 instructions; amending s. 216.065, F.S.;
16 requiring fiscal impact statements to be
17 provided to the Legislative Budget Commission
18 in addition to the legislative appropriations
19 committees; requiring that such statements
20 contain information concerning subsequent
21 fiscal years; amending s. 216.162, F.S.;
22 revising the date for the Governor's
23 recommended budget to be furnished to the
24 Legislature; authorizing the presiding officers
25 of the Legislature to approve submission of the
26 Governor's recommended budget at a later date
27 than otherwise required; amending s. 216.262,
28 F.S., relating to the transfer of positions;
29 correcting a reference; providing a contingent
30 effective date.
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Florida Senate - 2005 SB 2146
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1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Section 11.90, Florida Statutes, is amended
4 to read:
5 11.90 Legislative Budget Commission.--
6 (1) There is created the Legislative Budget
7 Commission, which is the joint Legislative Budget Commission
8 created in s. 19, Art. III of the State Constitution, composed
9 of seven members of the Senate appointed by the President of
10 the Senate and seven members of the House of Representatives
11 appointed by the Speaker of the House of Representatives. Each
12 member shall serve at the pleasure of the officer who
13 appointed the member. A vacancy on the commission shall be
14 filled in the same manner as the original appointment. From
15 November of each odd-numbered year through October of each
16 even-numbered year, the chairperson of the commission shall be
17 appointed by the President of the Senate and the vice
18 chairperson of the commission shall be appointed by the
19 Speaker of the House of Representatives. From November of each
20 even-numbered year through October of each odd-numbered year,
21 the chairperson of the commission shall be appointed the
22 Speaker of the House of Representatives and the vice
23 chairperson of the commission shall be appointed by the
24 President of the Senate. There is created a standing joint
25 committee of the Legislature designated the Legislative Budget
26 Commission, composed of 14 members as follows: seven members
27 of the Senate appointed by the President of the Senate, to
28 include the chair of the Senate Budget Committee or its
29 successor, and seven members of the House of Representatives
30 appointed by the Speaker of the House of Representatives, to
31 include the chair of the Fiscal Responsibility Council or its
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1 successor. The terms of members shall be for 2 years and shall
2 run from the organization of one Legislature to the
3 organization of the next Legislature. Vacancies occurring
4 during the interim period shall be filled in the same manner
5 as the original appointment. During even-numbered years, the
6 chair of the commission shall be the chair of the Senate
7 Budget Committee or its successor, and the vice chair of the
8 commission shall be the chair of the House Fiscal
9 Responsibility Council or its successor. During odd-numbered
10 years, the chair of the commission shall be the chair of the
11 House Fiscal Responsibility Council or its successor, and the
12 vice chair of the commission shall be the chair of the Senate
13 Budget Committee or its successor.
14 (2) The Legislative Budget Commission shall be
15 governed by joint rules of the Senate and the House of
16 Representatives which shall remain in effect until repealed or
17 amended by concurrent resolution.
18 (3) The commission shall convene at the call of the
19 President of the Senate and the Speaker of the House of
20 Representatives at least quarterly. A majority of the
21 commission members of each house plus one additional member
22 from either house constitutes a quorum. The commission shall
23 meet at least quarterly. A quorum shall consist of a majority
24 of members from each house, plus one additional member from
25 either house. Action by the commission requires a majority
26 vote of the members present of each house.
27 (4) The commission may conduct its meetings through
28 teleconferences or other similar means.
29 (5) The commission shall be staffed by legislative
30 staff members, as assigned by the President of the Senate and
31 the Speaker of the House of Representatives. The commission
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1 will be jointly staffed by the appropriations committees of
2 the House of Representatives and the Senate. During
3 even-numbered years, the Senate will serve as lead staff, and
4 during odd-numbered years, the House of Representatives will
5 serve as lead staff.
6 (6) The commission shall have the power and duty to:
7 (a) Review and approve or disapprove budget amendments
8 proposed by the Governor or the Chief Justice of the Supreme
9 Court as provided in chapter 216. Annually review the amount
10 of state debt outstanding and submit to the President of the
11 Senate and the Speaker of the House of Representatives an
12 estimate of the maximum amount of additional state
13 tax-supported debt that prudently may be authorized during the
14 current fiscal year. The estimate shall be advisory and shall
15 in no way bind the Legislature.
16 (b) Develop the long-range financial outlook described
17 in s. 19, Art. III of the State Constitution Promptly after
18 receiving the report required by s. 215.98(2)(c), the
19 commission shall submit to the President of the Senate and the
20 Speaker of the House of Representatives the commission's
21 estimate of tax-supported debt which prudently may be
22 authorized for the next fiscal year, together with a report
23 explaining the basis for the estimate.
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25 In addition to the powers and duties specified in this
26 section, the commission shall exercise all other powers and
27 perform any other duties prescribed by the Legislature.
28 (7) The commission shall review information resources
29 management needs identified in agency long-range program plans
30 for consistency with the State Annual Report on Enterprise
31 Resource Planning and Management and statewide policies
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1 adopted by the State Technology Office. The commission shall
2 also review proposed budget amendments associated with
3 information technology that involve more than one agency, that
4 have an outcome that impacts another agency, or that exceed
5 $500,000 in total cost over a 1-year period.
6 Section 2. Section 11.91, Florida Statutes, is created
7 to read:
8 11.91 Government Efficiency Task Force.--
9 (1) There is created the Government Efficiency Task
10 Force. The task force shall convene no later than January of
11 2007, and each fourth year thereafter. The task force shall be
12 composed of 13 members. Five members shall be appointed by the
13 President of the Senate, five members shall be appointed by
14 the Speaker of the House of Representatives, and three members
15 shall be appointed by the Governor. Members of the task force
16 may include representatives from the private sector, as
17 designated by the President of the Senate, the Speaker of the
18 House of Representatives, and the Governor. Each member shall
19 serve at the pleasure of the offficer who appointed the
20 member. A vacancy on the task force shall be filled in the
21 same manner as the original appointment. The terms of the
22 members shall be for 1 year.
23 (2) The task force shall elect a chair from among its
24 members.
25 (3) The task force shall meet as necessary, but at
26 least quarterly, at the call of the chair and at the time and
27 place designated by him or her. The task force may conduct its
28 meetings through teleconferences or other similar means.
29 (4) Members of the task force are entitled to receive
30 reimbursement for per diem and travel expenses pursuant to s.
31 112.061.
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1 (5) The task force shall develop recommendations for
2 improving governmental operations and reducing costs. Staff to
3 assist the task force in performing its duties shall be
4 assigned by the President of the Senate and the Speaker of the
5 House of Representatives.
6 (6) The task force shall complete its works within 1
7 year and submit its recommendations to the chair and vice
8 chair of the Legislative Budget Commission, the Governor, and
9 the Chief Justice of the Supreme Court. The task force may
10 submit all or part of its recommendations at any time during
11 the year, but a final report summarizing its recommendations
12 must be submitted at the completion of its work.
13 Section 3. Subsection (4) of section 29.0095, Florida
14 Statutes, is amended to read:
15 29.0095 Budget expenditure reports.--
16 (4) The appropriations committees of the Senate and
17 the House of Representatives Legislative Budget Commission
18 shall prescribe the format of the report required by this
19 section in consultation with the Chief Justice and the Justice
20 Administrative Commission.
21 Section 4. Paragraph (b) of subsection (1) of section
22 110.1245, Florida Statutes, is amended to read:
23 110.1245 Savings sharing program; bonus payments;
24 other awards.--
25 (1)
26 (b) Each agency head shall recommend employees
27 individually or by group to be awarded an amount of money,
28 which amount shall be directly related to the cost savings
29 realized. Each proposed award and amount of money must be
30 approved by the Legislative Budget Budgeting Commission.
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1 Section 5. Paragraph (h) of subsection (1) of section
2 216.011, Florida Statutes, is amended, and paragraph (rr) is
3 added to that subsection, to read:
4 216.011 Definitions.--
5 (1) For the purpose of fiscal affairs of the state,
6 appropriations acts, legislative budgets, and approved
7 budgets, each of the following terms has the meaning
8 indicated:
9 (h) "Consultation" means communication on fiscal
10 matters between the Governor and the Legislature to deliberate
11 and seek advice in an open and forthright manner with the full
12 committee, a subcommittee thereof, the chair, or the staff as
13 deemed appropriate by the chair of the respective
14 appropriations committee.
15 (rr) "Long-range financial outlook" means a 3-year
16 plan, developed by the commission and updated annually using
17 official information, including, but not limited to,
18 projections developed by the consensus estimating conferences,
19 which projects state revenues and expenditures and provides
20 the framework and context for legislative budget requests
21 prepared by state agencies.
22 Section 6. Section 216.012, Florida Statutes, is
23 created to read:
24 216.012 Long-range financial outlook.--
25 (1) The commission shall develop a long-range 3-year
26 financial outlook and shall update that plan each year.
27 (2) Each state agency shall provide information to the
28 commission, based on the commission's direction, which
29 supports the commission's development and updates of the
30 long-range financial outlook.
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1 (a) By July 1 of each year, the commission shall
2 provide the fiscal strategies of the long-range financial
3 outlook to the state agencies.
4 (b) By July 31 of each year, state agencies shall
5 provide estimates of the funding that would be necessary to
6 implement the fiscal strategies.
7 (c) By August 15 of each year, the commission shall:
8 1. Accept the estimates provided by an agency;
9 2. Modify the estimates provided by an agency; or
10 3. Direct an agency to modify its estimates,
11 consistent with directions specified by the commission.
12 (d) By August 31 of each year, an agency directed to
13 modify its estimate shall provide new estimates to the
14 commission.
15 (e) By September 15 of each year, the commission shall
16 complete the long-range financial outlook.
17 Section 7. Subsections (1) and (13) of section
18 216.023, Florida Statutes, are amended, and paragraph (c) is
19 added to subsection (4) of that section, to read:
20 216.023 Legislative budget requests to be furnished to
21 Legislature by agencies.--
22 (1) The head of each state agency, except as provided
23 in subsection (2), shall submit a final legislative budget
24 request to the Legislature and to the Governor, as chief
25 budget officer of the state, in the form and manner prescribed
26 in the budget instructions and at such time as specified by
27 the Executive Office of the Governor, based on the agency's
28 independent judgment of its needs. However, a no state agency
29 may not shall submit its complete legislative budget request,
30 including all supporting forms and schedules required by this
31 chapter, later than October September 15 of any each year,
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1 unless an alternative date is agreed to be in the best
2 interests of the state by the President of the Senate, the
3 Speaker of the House of Representatives, and the Governor.
4 (4)
5 (c) The legislative budget request submitted by each
6 agency must reflect the long-range financial outlook adopted
7 by the joint Legislative Budget Commission, either by basing
8 specific requests on the long-range financial outlook or by
9 explaining how any specific request varies from the long-range
10 financial outlook.
11 (13) In order to ensure an integrated state planning
12 and budgeting process, the agency long-range plan should be
13 reviewed by the Legislature. The legislative budget request
14 instructions must provide for consistency between the agency's
15 long-range plan and the agency's legislative budget request.
16 Section 8. Section 216.065, Florida Statutes, is
17 amended to read:
18 216.065 Fiscal impact statements on actions affecting
19 the budget.--In addition to the applicable requirements of
20 chapter 120, before the Governor, or Governor and Cabinet as a
21 body, performing any constitutional or statutory duty, or
22 before any state agency or statutorily authorized entity takes
23 take any final action that will affect revenues, directly
24 require a request for an increased or new appropriation in the
25 following 3 fiscal years, year or that will transfer current
26 year funds, it they shall first provide the joint Legislative
27 Budget Commission and the legislative appropriations
28 committees with a fiscal impact statement that details the
29 effects of such action on the budget. The fiscal impact
30 statement must specify the estimated budget and revenue
31 impacts for the current year and the 2 subsequent fiscal years
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1 at the same level of detail required to support a legislative
2 budget request, including amounts by appropriation category
3 and fund.
4 Section 9. Subsection (1) of section 216.162, Florida
5 Statutes, is amended to read:
6 216.162 Governor's recommended budget to be furnished
7 Legislature; copies to members.--
8 (1) At least 30 45 days before the scheduled annual
9 legislative session or such later date as is approved in
10 writing by the President of the Senate and the Speaker of the
11 House of Representatives, the Governor shall furnish each
12 senator and representative a copy of his or her recommended
13 balanced budget for the state, based on the Governor's own
14 conclusions and judgment; provided, however, that in his or
15 her first year in office a new Governor may request, subject
16 to approval of the President of the Senate and the Speaker of
17 the House of Representatives, that his or her recommended
18 balanced budget be submitted at a later time prior to the
19 Governor's first regular legislative session.
20 Section 10. Paragraph (c) of subsection (1) of section
21 216.262, Florida Statutes, is amended to read:
22 216.262 Authorized positions.--
23 (1)
24 (c)1. The Executive Office of the Governor, under such
25 procedures and qualifications as it deems appropriate, shall,
26 upon agency request, delegate to any state agency authority to
27 add and delete authorized positions or transfer authorized
28 positions from one budget entity to another budget entity
29 within the same division, and may approve additions and
30 deletions of authorized positions or transfers of authorized
31 positions within the state agency when such changes would
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1 enable the agency to administer more effectively its
2 authorized and approved programs. The additions or deletions
3 must be consistent with the intent of the approved operating
4 budget, must be consistent with legislative policy and intent,
5 and must not conflict with specific spending policies
6 specified in the General Appropriations Act.
7 2. The Chief Justice of the Supreme Court shall have
8 the authority to establish procedures for the judicial branch
9 to add and delete authorized positions or transfer authorized
10 positions from one budget entity to another budget entity, and
11 to add and delete authorized positions within the same budget
12 entity, when such changes are consistent with legislative
13 policy and intent and do not conflict with spending policies
14 specified in the General Appropriations Act.
15 3.a. A state agency may be eligible to retain salary
16 dollars for authorized positions eliminated after July 1,
17 2001. The agency must certify the eliminated positions to the
18 Legislative Budget Budgeting Commission.
19 b. The Legislative Budget Budgeting Commission shall
20 authorize the agency to retain 20 percent of the salary
21 dollars associated with the eliminated positions and may
22 authorize retention of a greater percentage. All such salary
23 dollars shall be used for permanent salary increases.
24 Section 11. This act shall take effect upon the
25 effective date of the amendment to the State Constitution
26 contained in Senate Joint Resolution No. ____, or a similar
27 constitutional amendment, relating to the state budgeting,
28 planning, and appropriations processes.
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2 SENATE SUMMARY
3 Revises various provisions governing the state's planning
and budget process for purposes of implementing an
4 amendment to the State Constitution. Revises the
membership and duties of the Legislative Budget
5 Commission. Creates the Government Efficiency Task Force,
a 13-member task force appointed by the Governor, the
6 President of the Senate, and the Speaker of the House of
Representatives, which meets every 4 years to develop
7 recommendations for improving governmental operations and
reducing costs. Provides requirements for developing and
8 updating a long-range 3-year state financial outlook.
Prescribes the timeframes within which state agencies and
9 the commission are required to develop and complete the
long-range financial outlook. (See bill for details.)
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