Senate Bill sb2146er
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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. 216.178,
28 F.S.; extending the deadline for production of
29 the final budget; amending s. 216.262, F.S.,
30 relating to the transfer of positions;
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1 correcting a reference; providing a contingent
2 effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. Section 11.90, Florida Statutes, is amended
7 to read:
8 11.90 Legislative Budget Commission.--
9 (1) There is created the Legislative Budget
10 Commission, which is the joint Legislative Budget Commission
11 created in s. 19, Art. III of the State Constitution, composed
12 of seven members of the Senate appointed by the President of
13 the Senate and seven members of the House of Representatives
14 appointed by the Speaker of the House of Representatives. Each
15 member shall serve at the pleasure of the officer who
16 appointed the member. A vacancy on the commission shall be
17 filled in the same manner as the original appointment. From
18 November of each odd-numbered year through October of each
19 even-numbered year, the chairperson of the commission shall be
20 appointed by the President of the Senate and the vice
21 chairperson of the commission shall be appointed by the
22 Speaker of the House of Representatives. From November of each
23 even-numbered year through October of each odd-numbered year,
24 the chairperson of the commission shall be appointed the
25 Speaker of the House of Representatives and the vice
26 chairperson of the commission shall be appointed by the
27 President of the Senate. There is created a standing joint
28 committee of the Legislature designated the Legislative Budget
29 Commission, composed of 14 members as follows: seven members
30 of the Senate appointed by the President of the Senate, to
31 include the chair of the Senate Budget Committee or its
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1 successor, and seven members of the House of Representatives
2 appointed by the Speaker of the House of Representatives, to
3 include the chair of the Fiscal Responsibility Council or its
4 successor. The terms of members shall be for 2 years and shall
5 run from the organization of one Legislature to the
6 organization of the next Legislature. Vacancies occurring
7 during the interim period shall be filled in the same manner
8 as the original appointment. During even-numbered years, the
9 chair of the commission shall be the chair of the Senate
10 Budget Committee or its successor, and the vice chair of the
11 commission shall be the chair of the House Fiscal
12 Responsibility Council or its successor. During odd-numbered
13 years, the chair of the commission shall be the chair of the
14 House Fiscal Responsibility Council or its successor, and the
15 vice chair of the commission shall be the chair of the Senate
16 Budget Committee or its successor.
17 (2) The Legislative Budget Commission shall be
18 governed by joint rules of the Senate and the House of
19 Representatives which shall remain in effect until repealed or
20 amended by concurrent resolution.
21 (3) The commission shall convene at the call of the
22 President of the Senate and the Speaker of the House of
23 Representatives at least quarterly. A majority of the
24 commission members of each house plus one additional member
25 from either house constitutes a quorum. The commission shall
26 meet at least quarterly. A quorum shall consist of a majority
27 of members from each house, plus one additional member from
28 either house. Action by the commission requires a majority
29 vote of the members present of each house.
30 (4) The commission may conduct its meetings through
31 teleconferences or other similar means.
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1 (5) The commission shall be staffed by legislative
2 staff members, as assigned by the President of the Senate and
3 the Speaker of the House of Representatives. The commission
4 will be jointly staffed by the appropriations committees of
5 the House of Representatives and the Senate. During
6 even-numbered years, the Senate will serve as lead staff, and
7 during odd-numbered years, the House of Representatives will
8 serve as lead staff.
9 (6) The commission shall have the power and duty to:
10 (a) Review and approve or disapprove budget amendments
11 proposed by the Governor or the Chief Justice of the Supreme
12 Court as provided in chapter 216. Annually review the amount
13 of state debt outstanding and submit to the President of the
14 Senate and the Speaker of the House of Representatives an
15 estimate of the maximum amount of additional state
16 tax-supported debt that prudently may be authorized during the
17 current fiscal year. The estimate shall be advisory and shall
18 in no way bind the Legislature.
19 (b) Develop the long-range financial outlook described
20 in s. 19, Art. III of the State Constitution Promptly after
21 receiving the report required by s. 215.98(2)(c), the
22 commission shall submit to the President of the Senate and the
23 Speaker of the House of Representatives the commission's
24 estimate of tax-supported debt which prudently may be
25 authorized for the next fiscal year, together with a report
26 explaining the basis for the estimate.
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28 In addition to the powers and duties specified in this
29 section, the commission shall exercise all other powers and
30 perform any other duties prescribed by the Legislature.
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1 (7) The commission shall review information resources
2 management needs identified in agency long-range program plans
3 for consistency with the State Annual Report on Enterprise
4 Resource Planning and Management and statewide policies
5 adopted by the State Technology Office. The commission shall
6 also review proposed budget amendments associated with
7 information technology that involve more than one agency, that
8 have an outcome that impacts another agency, or that exceed
9 $500,000 in total cost over a 1-year period.
10 Section 2. Section 11.91, Florida Statutes, is created
11 to read:
12 11.91 Government Efficiency Task Force.--
13 (1) There is created the Government Efficiency Task
14 Force. The task force shall convene no later than January of
15 2007, and each fourth year thereafter. The task force shall be
16 composed of 13 members. Five members shall be appointed by the
17 President of the Senate, five members shall be appointed by
18 the Speaker of the House of Representatives, and three members
19 shall be appointed by the Governor. Members of the task force
20 may include representatives from the private sector, as
21 designated by the President of the Senate, the Speaker of the
22 House of Representatives, and the Governor. Each member shall
23 serve at the pleasure of the offficer who appointed the
24 member. A vacancy on the task force shall be filled in the
25 same manner as the original appointment. The terms of the
26 members shall be for 1 year.
27 (2) The task force shall elect a chair from among its
28 members.
29 (3) The task force shall meet as necessary, but at
30 least quarterly, at the call of the chair and at the time and
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1 place designated by him or her. The task force may conduct its
2 meetings through teleconferences or other similar means.
3 (4) Members of the task force are entitled to receive
4 reimbursement for per diem and travel expenses pursuant to s.
5 112.061.
6 (5) The task force shall develop recommendations for
7 improving governmental operations and reducing costs. Staff to
8 assist the task force in performing its duties shall be
9 assigned by the President of the Senate, the Speaker of the
10 House of Representatives, and the Governor.
11 (6) The task force shall complete its works within 1
12 year and submit its recommendations to the chair and vice
13 chair of the Legislative Budget Commission, the Governor, and
14 the Chief Justice of the Supreme Court. The task force may
15 submit all or part of its recommendations at any time during
16 the year, but a final report summarizing its recommendations
17 must be submitted at the completion of its work.
18 Section 3. Subsection (4) of section 29.0095, Florida
19 Statutes, is amended to read:
20 29.0095 Budget expenditure reports.--
21 (4) The appropriations committees of the Senate and
22 the House of Representatives Legislative Budget Commission
23 shall prescribe the format of the report required by this
24 section in consultation with the Chief Justice and the Justice
25 Administrative Commission.
26 Section 4. Paragraph (b) of subsection (1) of section
27 110.1245, Florida Statutes, is amended to read:
28 110.1245 Savings sharing program; bonus payments;
29 other awards.--
30 (1)
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1 (b) Each agency head shall recommend employees
2 individually or by group to be awarded an amount of money,
3 which amount shall be directly related to the cost savings
4 realized. Each proposed award and amount of money must be
5 approved by the Legislative Budget Budgeting Commission.
6 Section 5. Paragraph (h) of subsection (1) of section
7 216.011, Florida Statutes, is amended, and paragraph (rr) is
8 added to that subsection, to read:
9 216.011 Definitions.--
10 (1) For the purpose of fiscal affairs of the state,
11 appropriations acts, legislative budgets, and approved
12 budgets, each of the following terms has the meaning
13 indicated:
14 (h) "Consultation" means communication on fiscal
15 matters between the Governor and the Legislature to deliberate
16 and seek advice in an open and forthright manner with the full
17 committee, a subcommittee thereof, the chair, or the staff as
18 deemed appropriate by the chair of the respective
19 appropriations committee.
20 (rr) "Long-range financial outlook" means a 3-year
21 plan, developed by the commission and updated annually using
22 official information, including, but not limited to,
23 projections developed by the consensus estimating conferences,
24 which projects state revenues and expenditures and provides
25 the framework and context for legislative budget requests
26 prepared by state agencies.
27 Section 6. Section 216.012, Florida Statutes, is
28 created to read:
29 216.012 Long-range financial outlook.--
30 (1) The commission shall develop a long-range 3-year
31 financial outlook and shall update that plan each year.
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1 (2) Each state agency shall provide information to the
2 commission, based on the commission's direction, which
3 supports the commission's development and updates of the
4 long-range financial outlook.
5 (a) By July 1 of each year, the commission shall
6 provide the fiscal strategies of the long-range financial
7 outlook to the state agencies.
8 (b) By July 31 of each year, state agencies shall
9 provide estimates of the funding that would be necessary to
10 implement the fiscal strategies.
11 (c) By August 15 of each year, the commission shall:
12 1. Accept the estimates provided by an agency;
13 2. Modify the estimates provided by an agency; or
14 3. Direct an agency to modify its estimates,
15 consistent with directions specified by the commission.
16 (d) By August 31 of each year, an agency directed to
17 modify its estimate shall provide new estimates to the
18 commission.
19 (e) By September 15 of each year, the commission shall
20 complete the long-range financial outlook.
21 Section 7. Subsections (1) and (13) of section
22 216.023, Florida Statutes, are amended, and paragraph (c) is
23 added to subsection (4) of that section, to read:
24 216.023 Legislative budget requests to be furnished to
25 Legislature by agencies.--
26 (1) The head of each state agency, except as provided
27 in subsection (2), shall submit a final legislative budget
28 request to the Legislature and to the Governor, as chief
29 budget officer of the state, in the form and manner prescribed
30 in the budget instructions and at such time as specified by
31 the Executive Office of the Governor, based on the agency's
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1 independent judgment of its needs. However, a no state agency
2 may not shall submit its complete legislative budget request,
3 including all supporting forms and schedules required by this
4 chapter, later than October September 15 of any each year,
5 unless an alternative date is agreed to be in the best
6 interests of the state by the President of the Senate, the
7 Speaker of the House of Representatives, and the Governor.
8 (4)
9 (c) The legislative budget request submitted by each
10 agency must reflect the long-range financial outlook adopted
11 by the joint Legislative Budget Commission, either by basing
12 specific requests on the long-range financial outlook or by
13 explaining how any specific request varies from the long-range
14 financial outlook.
15 (13) In order to ensure an integrated state planning
16 and budgeting process, the agency long-range plan should be
17 reviewed by the Legislature. The legislative budget request
18 instructions must provide for consistency between the agency's
19 long-range plan and the agency's legislative budget request.
20 Section 8. Section 216.065, Florida Statutes, is
21 amended to read:
22 216.065 Fiscal impact statements on actions affecting
23 the budget.--In addition to the applicable requirements of
24 chapter 120, before the Governor, or Governor and Cabinet as a
25 body, performing any constitutional or statutory duty, or
26 before any state agency or statutorily authorized entity takes
27 take any final action that will affect revenues, directly
28 require a request for an increased or new appropriation in the
29 following 3 fiscal years, year or that will transfer current
30 year funds, it they shall first provide the joint Legislative
31 Budget Commission and the legislative appropriations
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1 committees with a fiscal impact statement that details the
2 effects of such action on the budget. The fiscal impact
3 statement must specify the estimated budget and revenue
4 impacts for the current year and the 2 subsequent fiscal years
5 at the same level of detail required to support a legislative
6 budget request, including amounts by appropriation category
7 and fund.
8 Section 9. Subsection (1) of section 216.162, Florida
9 Statutes, is amended to read:
10 216.162 Governor's recommended budget to be furnished
11 Legislature; copies to members.--
12 (1) At least 30 45 days before the scheduled annual
13 legislative session, or at a later date if requested by the
14 Governor and approved in writing by the President of the
15 Senate and the Speaker of the House of Representatives, the
16 Governor shall furnish each senator and representative a copy
17 of his or her recommended balanced budget for the state, based
18 on the Governor's own conclusions and judgment; provided,
19 however, that in his or her first year in office a new
20 Governor may request, subject to approval of the President of
21 the Senate and the Speaker of the House of Representatives,
22 that his or her recommended balanced budget be submitted at a
23 later time prior to the Governor's first regular legislative
24 session.
25 Section 10. Subsection (2) of section 216.178, Florida
26 Statutes, is amended to read:
27 216.178 General Appropriations Act; format;
28 procedure.--
29 (2) The Office of Planning and Budgeting shall develop
30 a final budget report that reflects the net appropriations for
31 each budget item. The report shall reflect actual
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1 expenditures for each of the 2 preceding fiscal years and the
2 estimated expenditures for the current fiscal year. In
3 addition, the report must contain the actual revenues and cash
4 balances for the preceding 2 fiscal years and the estimated
5 revenues and cash balances for the current fiscal year. The
6 report may also contain expenditure data, program objectives,
7 and program measures for each state agency program. The report
8 must be produced by the 120th day of October 15 each fiscal
9 year. A copy of the report must be made available to each
10 member of the Legislature, to the head of each state agency,
11 to the Auditor General, to the director of the Office of
12 Program Policy Analysis and Government Accountability, and to
13 the public.
14 Section 11. Paragraph (c) of subsection (1) of section
15 216.262, Florida Statutes, is amended to read:
16 216.262 Authorized positions.--
17 (1)
18 (c)1. The Executive Office of the Governor, under such
19 procedures and qualifications as it deems appropriate, shall,
20 upon agency request, delegate to any state agency authority to
21 add and delete authorized positions or transfer authorized
22 positions from one budget entity to another budget entity
23 within the same division, and may approve additions and
24 deletions of authorized positions or transfers of authorized
25 positions within the state agency when such changes would
26 enable the agency to administer more effectively its
27 authorized and approved programs. The additions or deletions
28 must be consistent with the intent of the approved operating
29 budget, must be consistent with legislative policy and intent,
30 and must not conflict with specific spending policies
31 specified in the General Appropriations Act.
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1 2. The Chief Justice of the Supreme Court shall have
2 the authority to establish procedures for the judicial branch
3 to add and delete authorized positions or transfer authorized
4 positions from one budget entity to another budget entity, and
5 to add and delete authorized positions within the same budget
6 entity, when such changes are consistent with legislative
7 policy and intent and do not conflict with spending policies
8 specified in the General Appropriations Act.
9 3.a. A state agency may be eligible to retain salary
10 dollars for authorized positions eliminated after July 1,
11 2001. The agency must certify the eliminated positions to the
12 Legislative Budget Budgeting Commission.
13 b. The Legislative Budget Budgeting Commission shall
14 authorize the agency to retain 20 percent of the salary
15 dollars associated with the eliminated positions and may
16 authorize retention of a greater percentage. All such salary
17 dollars shall be used for permanent salary increases.
18 Section 12. This act shall take effect upon the
19 effective date of the amendment to the State Constitution
20 contained in Senate Joint Resolution No. 2144, or a similar
21 constitutional amendment, relating to the state budgeting,
22 planning, and appropriations processes.
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