Amendment
Bill No. 2610

Amendment No. 114533

CHAMBER ACTION
Senate		House
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1	Representative(s) Brummer offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (8) of section 14.2015, Florida
6	Statutes, is amended to read:
7	14.2015  Office of Tourism, Trade, and Economic
8	Development; creation; powers and duties.--
9	(8)  The Office of Tourism, Trade, and Economic Development
10	shall ensure that the contract between the Florida Commission on
11	Tourism and the commission's direct-support organization
12	contains a provision to provide the data on the visitor counts
13	and visitor profiles used in revenue estimating, employing the
14	same methodology used in fiscal year 1995-1996 by the Department
15	of Commerce. The Office of Tourism, Trade, and Economic
16	Development and the Florida Commission on Tourism must advise
17	and consult reach agreement with the Consensus Estimating
18	Conference principals before making any changes in methodology
19	used or information gathered.
20	Section 2.  Paragraph (b) of subsection (5) of section
21	20.19, Florida Statutes, is amended to read:
22	20.19  Department of Children and Family Services.--There
23	is created a Department of Children and Family Services.
24	(5)  SERVICE DISTRICTS.--
25	(b)1.  The secretary shall appoint a district administrator
26	for each of the service districts. The district administrator
27	shall serve at the pleasure of the secretary and shall perform
28	such duties as assigned by the secretary. Subject to the
29	approval of the secretary, such duties shall include
30	transferring up to 10 percent of the total district budget, the
31	provisions of ss. 216.292 and 216.351 notwithstanding.
32	2.  For the 2003-2004 fiscal year only, the transfer
33	authority provided in this subsection must be specifically
34	appropriated in the 2003-2004 General Appropriations Act and
35	shall be pursuant to the requirements of s. 216.292. This
36	subparagraph expires July 1, 2004.
37	3.  For the 2004-2005 fiscal year only, the transfer
38	authority provided in this subsection is available to the
39	department without further restriction other than as contained
40	in this subsection. This subparagraph expires July 1, 2005.
41	Section 3.  Paragraph (d) of subsection (4) of section
42	20.316, Florida Statutes, is amended to read:
43	20.316  Department of Juvenile Justice.--There is created a
44	Department of Juvenile Justice.
45	(4)  INFORMATION SYSTEMS.--
46	(d)  The management information system shall, at a minimum:
47	1.  Facilitate case management of juveniles referred to or
48	placed in the department's custody.
49	2.  Provide timely access to current data and computing
50	capacity to support outcome evaluation, legislative oversight,
51	the Juvenile Justice Estimating Conference, and other research.
52	3.  Provide automated support to the quality assurance and
53	program review functions.
54	4.  Provide automated support to the contract management
55	process.
56	5.  Provide automated support to the facility operations
57	management process.
58	6.  Provide automated administrative support to increase
59	efficiency, provide the capability of tracking expenditures of
60	funds by the department or contracted service providers that are
61	eligible for federal reimbursement, and reduce forms and
62	paperwork.
63	7.  Facilitate connectivity, access, and utilization of
64	information among various state agencies, and other state,
65	federal, local, and private agencies, organizations, and
66	institutions.
67	8.  Provide electronic public access to juvenile justice
68	information, which is not otherwise made confidential by law or
69	exempt from the provisions of s. 119.07(1).
70	9.  Provide a system for the training of information system
71	users and user groups.
72	Section 4.  Effective July 1, 2006, section 45.062, Florida
73	Statutes, is amended to read:
74	45.062  Settlements, conditions, or orders when an agency
75	of the executive branch is a party.--
76	(1)  In any civil action in which a state executive branch
77	agency or officer is a party in state or federal court, the
78	officer, agent, official, or attorney who represents or is
79	acting on behalf of such agency or officer may not settle such
80	action, consent to any condition, or agree to any order in
81	connection therewith, if the settlement, condition, or order
82	requires the expenditure of or the obligation to expend any
83	state funds or other state resources exceeding $1 million, the
84	refund or future loss of state revenues exceeding $10 million,
85	or the establishment of any new program, unless:
86	(a)  The expenditure is provided for by an existing
87	appropriation or program established by law.; and
88	(b)  At the time settlement negotiations have begun in
89	earnest, written notification is given to the President of the
90	Senate, the Speaker of the House of Representatives, the Senate
91	and House of Representatives minority leaders, the chairs of the
92	appropriations committees of the Legislature, and the Attorney
93	General.
94	(c)(b)  Prior written notification is given at least within
95	5 business days, or as soon thereafter as practicable, before of
96	the date the settlement or presettlement agreement or order is
97	to be made final to the President of the Senate, the Speaker of
98	the House of Representatives, the Senate and House of
99	Representatives minority leaders, the chairs of the
100	appropriations committees of the Legislature, and the Attorney
101	General. Such notification shall specify how the agency involved
102	will address the costs in future years within the limits of
103	current appropriations.
104	1.  The Division of Risk Management need not give the
105	notification required by this paragraph when settling any claim
106	covered by the state self-insurance program for an amount less
107	than $250,000.
108	2.  The notification specified in this paragraph is not
109	required if:
110	a.  The only settlement obligation of the state resulting
111	from the claim is to pay court costs in an amount less than
112	$10,000;
113	b.  Notification would preclude the state's participation
114	in multistate litigation;
115	c.  Notification is precluded by federal law or regulation;
116	d.  Notification is precluded by court rule or sanction;
117	e.  The head of the primary state agency involved in the
118	litigation certifies to the President of the Senate and the
119	Speaker of the House of Representatives, in writing within 5
120	days after the settlement, the specific reasons prior
121	notification could not be provided;
122	f.  Settlement or presettlement negotiations are being
123	conducted with fewer than all of the opposing parties; or
124	g.  The President of the Senate and the Speaker of the
125	House of Representatives or the chairs of the appropriations
126	committees of the Legislature, acting in the best interest of
127	the state, waive notification.
128	(2)  The state executive branch agency or officer shall
129	negotiate a closure date as soon as possible for the civil
130	action.
131	(3)  The state executive branch agency or officer may not
132	pledge any current or future action of another branch of state
133	government as a condition for settling the civil action.
134	(4)  Any settlement that commits the state to spending in
135	excess of current appropriations or to policy changes
136	inconsistent with current state law shall be contingent upon and
137	subject to legislative appropriation or statutory amendment. The
138	state agency or officer may agree to use all efforts to procure
139	legislative funding or statutory amendment.
140	(5)  When a state agency or officer settles an action or
141	legal claim in which the state asserted a right to recover
142	money, all moneys paid to the state by a party in full or
143	partial exchange for a release of the state's claim shall be
144	placed into the General Revenue Fund or the appropriate trust
145	fund.
146	(6)(5)  State executive branch agencies and officers shall
147	report to each substantive and fiscal committee of the
148	Legislature having jurisdiction over the reporting agency on all
149	potential settlements that may commit the state to:
150	(a)  Spend in excess of current appropriations; or
151	(b)  Make policy changes inconsistent with current state
152	law.
153
154	The state executive branch agency or officer shall provide
155	periodic updates to the appropriate legislative committees on
156	these issues during the settlement process.
157	Section 5.  Subsection (1) of section 110.1239, Florida
158	Statutes, is amended to read:
159	110.1239  State group health insurance program funding.--It
160	is the intent of the Legislature that the state group health
161	insurance program be managed, administered, operated, and funded
162	in such a manner as to maximize the protection of state employee
163	health insurance benefits. Inherent in this intent is the
164	recognition that the health insurance liabilities attributable
165	to the benefits offered state employees should be fairly,
166	orderly, and equitably funded. Accordingly:
167	(1)  The division shall determine the level of premiums
168	necessary to fully fund the state group health insurance program
169	for the next fiscal year. Such determination shall be made after
170	each Self-Insurance Estimating Conference as provided in s.
171	216.136(9)(11), but not later than December 1 and April 1 of
172	each fiscal year.
173	Section 6.  Paragraph (b) of subsection (1) of section
174	110.1245, Florida Statutes, is amended to read:
175	110.1245  Savings sharing program; bonus payments; other
176	awards.--
177	(1)
178	(b)  Each agency head shall recommend employees
179	individually or by group to be awarded an amount of money, which
180	amount shall be directly related to the cost savings realized.
181	Each proposed award and amount of money must be approved by the
182	Legislative Budget Budgeting Commission.
183	Section 7.  Section 215.32, Florida Statutes, is amended to
184	read:
185	215.32  State funds; segregation.--
186	(1)  All moneys received by the state shall be deposited in
187	the State Treasury unless specifically provided otherwise by law
188	and shall be deposited in and accounted for by the Chief
189	Financial Officer within the following funds, which funds are
190	hereby created and established:
191	(a)  General Revenue Fund.
192	(b)  Trust funds.
193	(c)  Working Capital Fund.
194	(c)(d)  Budget Stabilization Fund.
195	(2)  The source and use of each of these funds shall be as
196	follows:
197	(a)  The General Revenue Fund shall consist of all moneys
198	received by the state from every source whatsoever, except as
199	provided in paragraphs (b) and (c). Such moneys shall be
200	expended pursuant to General Revenue Fund appropriations acts,
201	or transferred as provided in paragraph (c), or maintained as
202	unallocated general revenue. Unallocated general revenue shall
203	be considered the working capital balance of the state and shall
204	consist of moneys in the General Revenue Fund that are in excess
205	of the amount needed to meet General Revenue Fund appropriations
206	for the current fiscal year. Annually, at least 5 percent of the
207	estimated increase in General Revenue Fund receipts for the
208	upcoming fiscal year over the current year General Revenue Fund
209	effective appropriations shall be appropriated for state-level
210	capital outlay, including infrastructure improvement and general
211	renovation, maintenance, and repairs.
212	(b)1.  The trust funds shall consist of moneys received by
213	the state which under law or under trust agreement are
214	segregated for a purpose authorized by law. The state agency or
215	branch of state government receiving or collecting such moneys
216	shall be responsible for their proper expenditure as provided by
217	law. Upon the request of the state agency or branch of state
218	government responsible for the administration of the trust fund,
219	the Chief Financial Officer may establish accounts within the
220	trust fund at a level considered necessary for proper
221	accountability. Once an account is established within a trust
222	fund, the Chief Financial Officer may authorize payment from
223	that account only upon determining that there is sufficient cash
224	and releases at the level of the account.
225	2.  In addition to other trust funds created by law, to the
226	extent possible, each agency shall use the following trust funds
227	as described in this subparagraph for day-to-day operations:
228	a.  Operations or operating trust fund, for use as a
229	depository for funds to be used for program operations funded by
230	program revenues, with the exception of administrative
231	activities when the operations or operating trust fund is a
232	proprietary fund.
233	b.  Operations and maintenance trust fund, for use as a
234	depository for client services funded by third-party payors.
235	c.  Administrative trust fund, for use as a depository for
236	funds to be used for management activities that are departmental
237	in nature and funded by indirect cost earnings and assessments
238	against trust funds. Proprietary funds are excluded from the
239	requirement of using an administrative trust fund.
240	d.  Grants and donations trust fund, for use as a
241	depository for funds to be used for allowable grant or donor
242	agreement activities funded by restricted contractual revenue
243	from private and public nonfederal sources.
244	e.  Agency working capital trust fund, for use as a
245	depository for funds to be used pursuant to s. 216.272.
246	f.  Clearing funds trust fund, for use as a depository for
247	funds to account for collections pending distribution to lawful
248	recipients.
249	g.  Federal grant trust fund, for use as a depository for
250	funds to be used for allowable grant activities funded by
251	restricted program revenues from federal sources.
252
253	To the extent possible, each agency must adjust its internal
254	accounting to use existing trust funds consistent with the
255	requirements of this subparagraph. If an agency does not have
256	trust funds listed in this subparagraph and cannot make such
257	adjustment, the agency must recommend the creation of the
258	necessary trust funds to the Legislature no later than the next
259	scheduled review of the agency's trust funds pursuant to s.
260	215.3206.
261	3.  All such moneys are hereby appropriated to be expended
262	in accordance with the law or trust agreement under which they
263	were received, subject always to the provisions of chapter 216
264	relating to the appropriation of funds and to the applicable
265	laws relating to the deposit or expenditure of moneys in the
266	State Treasury.
267	4.a.  Notwithstanding any provision of law restricting the
268	use of trust funds to specific purposes, unappropriated cash
269	balances from selected trust funds may be authorized by the
270	Legislature for transfer to the Budget Stabilization Fund and
271	General Revenue Working Capital Fund in the General
272	Appropriations Act.
273	b.  This subparagraph does not apply to trust funds
274	required by federal programs or mandates; trust funds
275	established for bond covenants, indentures, or resolutions whose
276	revenues are legally pledged by the state or public body to meet
277	debt service or other financial requirements of any debt
278	obligations of the state or any public body; the State
279	Transportation Trust Fund; the trust fund containing the net
280	annual proceeds from the Florida Education Lotteries; the
281	Florida Retirement System Trust Fund; trust funds under the
282	management of the State Board of Education Board of Regents,
283	where such trust funds are for auxiliary enterprises, self-
284	insurance, and contracts, grants, and donations, as those terms
285	are defined by general law; trust funds that serve as clearing
286	funds or accounts for the Chief Financial Officer or state
287	agencies; trust funds that account for assets held by the state
288	in a trustee capacity as an agent or fiduciary for individuals,
289	private organizations, or other governmental units; and other
290	trust funds authorized by the State Constitution.
291	(c)1.  The Budget Stabilization Fund shall consist of
292	amounts equal to at least 5 percent of net revenue collections
293	for the General Revenue Fund during the last completed fiscal
294	year. The Budget Stabilization Fund's principal balance shall
295	not exceed an amount equal to 10 percent of the last completed
296	fiscal year's net revenue collections for the General Revenue
297	Fund. As used in this paragraph, the term "last completed fiscal
298	year" means the most recently completed fiscal year prior to the
299	regular legislative session at which the Legislature considers
300	the General Appropriations Act for the year in which the
301	transfer to the Budget Stabilization Fund must be made under
302	this paragraph.
303	2.  By September 15 of each year, the Governor shall
304	authorize the Chief Financial Officer to transfer, and the Chief
305	Financial Officer shall transfer pursuant to appropriations made
306	by law, to the Budget Stabilization Fund the amount of money
307	needed for the balance of that fund to equal the amount
308	specified in subparagraph 1., less any amounts expended and not
309	restored. The moneys needed for this transfer may be
310	appropriated by the Legislature from any funds.
311	3.  Unless otherwise provided in this subparagraph, an
312	expenditure from the Budget Stabilization Fund must be restored
313	pursuant to a restoration schedule that provides for making five
314	equal annual transfers from the General Revenue Fund, beginning
315	in the third fiscal year following that in which the expenditure
316	was made. For any Budget Stabilization Fund expenditure, the
317	Legislature may establish by law a different restoration
318	schedule and such change may be made at any time during the
319	restoration period. Moneys are hereby appropriated for transfers
320	pursuant to this subparagraph.
321	4.  The Budget Stabilization Fund and the Working Capital
322	Fund may be used as a revolving fund funds for transfers as
323	provided in s. 215.18 17.61; however, any interest earned must
324	be deposited in the General Revenue Fund.
325	5.  The Chief Financial Officer and the Department of
326	Management Services shall transfer funds to water management
327	districts to pay eligible water management district employees
328	for all benefits due under s. 373.6065, as long as funds remain
329	available for the program described under s. 110.152 100.152.
330	(d)  The Working Capital Fund shall consist of moneys in
331	the General Revenue Fund which are in excess of the amount
332	needed to meet General Revenue Fund appropriations for the
333	current fiscal year. Each year, no later than the publishing
334	date of the annual financial statements for the state by the
335	Chief Financial Officer under s. 216.102, funds shall be
336	transferred between the Working Capital Fund and the General
337	Revenue Fund to establish the balance of the Working Capital
338	Fund for that fiscal year at the amount determined pursuant to
339	this paragraph.
340	Section 8.  Paragraphs (a) and (f) of subsection (5) of
341	section 215.5601, Florida Statutes, are amended to read:
342	215.5601  Lawton Chiles Endowment Fund.--
343	(5)  AVAILABILITY OF FUNDS; USES.--
344	(a)  Funds from the endowment which are available for
345	legislative appropriation shall be transferred by the board to
346	the Department of Financial Services Tobacco Settlement Clearing
347	Trust Fund, created in s. 17.41, and disbursed in accordance
348	with the legislative appropriation.
349	1.  Appropriations by the Legislature to the Department of
350	Health from endowment earnings from the principal set aside for
351	biomedical research shall be from a category called the James
352	and Esther King Biomedical Research Program and shall be
353	deposited into the Biomedical Research Trust Fund in the
354	Department of Health established in s. 20.435.
355	2.  Appropriations by the Legislature to the Department of
356	Children and Family Services, the Department of Health, or the
357	Department of Elderly Affairs from endowment earnings for health
358	and human services programs shall be from a category called the
359	Lawton Chiles Endowment Fund Programs and shall be deposited
360	into each department's respective Tobacco Settlement Trust Fund
361	as appropriated.
362	(f)  When advised by the Revenue Estimating Conference that
363	a deficit will occur with respect to the appropriations from the
364	tobacco settlement trust funds of the state agencies in any
365	fiscal year, the Governor shall develop a plan of action to
366	eliminate the deficit. Before implementing the plan of action,
367	the Governor must comply with s. 216.177(2). In developing the
368	plan of action, the Governor shall, to the extent possible,
369	preserve legislative policy and intent, and, absent any specific
370	directions to the contrary in the General Appropriations Act,
371	any reductions in appropriations from the tobacco settlement
372	trust funds of the state agencies for a fiscal year shall be
373	prorated among the specific appropriations made from all tobacco
374	settlement trust funds of the state agencies for that year.
375	Section 9.  Subsection (3) of section 215.93, Florida
376	Statutes, is amended to read:
377	215.93  Florida Financial Management Information System.--
378	(3)  The Florida Financial Management Information System
379	shall include financial management data and utilize the chart of
380	accounts approved by the Chief Financial Officer. Common
381	financial management data shall include, but not be limited to,
382	data codes, titles, and definitions used by one or more of the
383	functional owner subsystems. The Florida Financial Management
384	Information System shall utilize common financial management
385	data codes. The council shall recommend and the board shall
386	adopt policies regarding the approval and publication of the
387	financial management data. The Chief Financial Officer shall
388	adopt policies regarding the approval and publication of the
389	chart of accounts. The Chief Financial Officer's chart of
390	accounts shall be consistent with the common financial
391	management data codes established by the coordinating council.
392	Further, all systems not a part of the Florida Financial
393	Management Information System which provide information to the
394	system shall use the common data codes from the Florida
395	Financial Management Information System and the Chief Financial
396	Officer's chart of accounts. Data codes that cannot be supplied
397	by the Florida Financial Management Information System and the
398	Chief Financial Officer's chart of accounts and that are
399	required for use by the information subsystems shall be approved
400	by the board upon recommendation of the coordinating council.
401	However, board approval shall not be required for those data
402	codes specified by the Auditor General under the provisions of
403	s. 215.94(6)(c).
404	Section 10.  Subsection (6) of section 215.94, Florida
405	Statutes, is amended to read:
406	215.94  Designation, duties, and responsibilities of
407	functional owners.--
408	(6)(a)  Consistent with the provisions of s. 215.86, the
409	respective functional owner of each information subsystem shall
410	be responsible for ensuring The Auditor General shall be advised
411	by the functional owner of each information subsystem as to the
412	date that the development or significant modification of its
413	functional system specifications is to begin.
414	(b)  Upon such notification, the Auditor General shall
415	participate with each functional owner to the extent necessary
416	to provide assurance that:
417	1.  The accounting information produced by the information
418	subsystem adheres to generally accepted accounting principles.
419	2.  The information subsystem contains the necessary
420	controls to maintain its integrity, within acceptable limits and
421	at an acceptable cost.
422	3.  The information subsystem is auditable.
423	(b)(c)  The Auditor General shall be advised by the
424	functional owner of each information subsystem as to the date
425	that the development or significant modification of its
426	functional system specifications is to begin. The Auditor
427	General shall provide technical advice, as allowed by
428	professional auditing standards, on specific issues relating to
429	the design, implementation, and operation of each information
430	subsystem specify those additional features, characteristics,
431	controls, and internal control measures deemed necessary to
432	carry out the provisions of this subsection. Further, it shall
433	be the responsibility of each functional owner to ensure
434	installation and incorporation of such specified features,
435	characteristics, controls, and internal control measures within
436	each information subsystem.
437	Section 11.  Section 215.97, Florida Statutes, is amended
438	to read:
439	215.97  Florida Single Audit Act.--
440	(1)  The purposes of the section are to:
441	(a)  Establish uniform state audit requirements for state
442	financial assistance provided by state agencies to nonstate
443	entities to carry out state projects.
444	(b)  Promote sound financial management, including
445	effective internal controls, with respect to state financial
446	assistance administered by nonstate entities.
447	(c)  Promote audit economy and efficiency by relying to the
448	extent possible on already required audits of federal financial
449	assistance provided to nonstate entities.
450	(d)  Provide for identification of state financial
451	assistance transactions in the appropriations act, state
452	accounting records, and recipient organization records.
453	(e)  Promote improved coordination and cooperation within
454	and between affected state agencies providing state financial
455	assistance and nonstate entities receiving state assistance.
456	(f)  Ensure, to the maximum extent possible, that state
457	agencies monitor, use, and followup on audits of state financial
458	assistance provided to nonstate entities.
459	(2)  Definitions; as used in this section, the term:
460	(a)  "Audit threshold" means the threshold amount used to
461	determine to use in determining when a state single audit or
462	project-specific audit of a nonstate entity shall be conducted
463	in accordance with this section. Each nonstate entity that
464	expends a total amount of state financial assistance equal to or
465	in excess of $500,000 $300,000 in any fiscal year of such
466	nonstate entity shall be required to have a state single audit,
467	or a project-specific audit, for such fiscal year in accordance
468	with the requirements of this section. Every 2 years the Auditor
469	General, after consulting with the Executive Office of the
470	Governor, the Department of Financial Services Chief Financial
471	Officer, and all state awarding agencies that provide state
472	financial assistance to nonstate entities, shall review the
473	threshold amount for requiring audits under this section and may
474	adjust such threshold dollar amount consistent with the purposes
475	purpose of this section.
476	(b)  "Auditing standards" means the auditing standards as
477	stated in the rules of the Auditor General as applicable to for-
478	profit organizations, nonprofit organizations, or local
479	governmental entities.
480	(c)  "Catalog of State Financial Assistance" means a
481	comprehensive listing of state projects. The Catalog of State
482	Financial Assistance shall be issued by the Department of
483	Financial Services Executive Office of the Governor after
484	conferring with the Executive Office of the Governor Chief
485	Financial Officer and all state awarding agencies that provide
486	state financial assistance to nonstate entities. The Catalog of
487	State Financial Assistance shall include for each listed state
488	project: the responsible state awarding agency; standard state
489	project number identifier; official title; legal authorization;
490	and description of the state project, including objectives,
491	restrictions, application and awarding procedures, and other
492	relevant information determined necessary.
493	(d)  "Coordinating agency" means the state awarding agency
494	that provides the predominant amount of state financial
495	assistance expended by a recipient, as determined by the
496	recipient's Schedule of Expenditures of State Financial
497	Assistance. To provide continuity, the determination of the
498	predominant amount of state financial assistance shall be based
499	upon state financial assistance expended in the recipient's
500	fiscal years ending in 2006, 2009, and 2012, and every third
501	year thereafter.
502	(e)(d)  "Financial reporting package" means the nonstate
503	entities' financial statements, Schedule of Expenditures of
504	State Financial Assistance, auditor's reports, management
505	letter, auditee's written responses or corrective action plan,
506	correspondence on followup of prior years' corrective actions
507	taken, and such other information determined by the Auditor
508	General to be necessary and consistent with the purposes of this
509	section.
510	(f)(e)  "Federal financial assistance" means financial
511	assistance from federal sources passed through the state and
512	provided to nonstate organizations entities to carry out a
513	federal program. "Federal financial assistance" includes all
514	types of federal assistance as defined in applicable United
515	States Office of Management and Budget circulars.
516	(g)(f)  "For-profit organization" means any organization or
517	sole proprietor that but is not a local governmental entity or a
518	nonprofit organization.
519	(h)(g)  "Independent auditor" means an independent external
520	state or local government auditor or a certified public
521	accountant licensed under chapter 473 who meets the independence
522	standards.
523	(i)(h)  "Internal control over state projects" means a
524	process, effected by a nonstate an entity's management and other
525	personnel, designed to provide reasonable assurance regarding
526	the achievement of objectives in the following categories:
527	1.  Effectiveness and efficiency of operations.
528	2.  Reliability of financial operations.
529	3.  Compliance with applicable laws and regulations.
530	(j)(i)  "Local governmental entity" means a county as a
531	whole agency, municipality, or special district or any other
532	entity excluding (other than a district school board, charter
533	school, or community college), or public university, however
534	styled, which independently exercises any type of governmental
535	function within the state.
536	(k)(j)  "Major state project" means any state project
537	meeting the criteria as stated in the rules of the Department of
538	Financial Services Executive Office of the Governor. Such
539	criteria shall be established after consultation with all the
540	Chief Financial Officer and appropriate state awarding agencies
541	that provide state financial assistance and shall consider the
542	amount of state project expenditures and or expenses or inherent
543	risks. Each major state project shall be audited in accordance
544	with the requirements of this section.
545	(l)(k)  "Nonprofit organization" means any corporation,
546	trust, association, cooperative, or other organization that:
547	1.  Is operated primarily for scientific, educational
548	service, charitable, or similar purpose in the public interest.;
549	2.  Is not organized primarily for profit.;
550	3.  Uses net proceeds to maintain, improve, or expand the
551	operations of the organization.; and
552	4.  Has no part of its income or profit distributable to
553	its members, directors, or officers.
554	(m)(l)  "Nonstate entity" means a local governmental
555	entity, nonprofit organization, or for-profit organization that
556	receives state financial assistance resources.
557	(n)(m)  "Recipient" means a nonstate entity that receives
558	state financial assistance directly from a state awarding
559	agency.
560	(o)(n)  "Schedule of Expenditures of State Financial
561	Assistance" means a document prepared in accordance with the
562	rules of the Department of Financial Services Chief Financial
563	Officer and included in each financial reporting package
564	required by this section.
565	(p)(o)  "State awarding agency" means a the state agency,
566	as defined in s. 216.011, that is primarily responsible for the
567	operations and outcomes of a state project, regardless of the
568	state agency that actually provides provided state financial
569	assistance to a the nonstate entity.
570	(q)(p)  "State financial assistance" means financial
571	assistance from state resources, not including federal financial
572	assistance and state matching on federal programs, provided to a
573	nonstate entity entities to carry out a state project. "State
574	financial assistance" includes the all types of state resources
575	assistance as stated in the rules of the Department of Financial
576	Services Executive Office of the Governor established in
577	consultation with all the Chief Financial Officer and
578	appropriate state awarding agencies that provide state financial
579	assistance. It includes State financial assistance may be
580	provided directly by state awarding agencies or indirectly by
581	nonstate entities recipients of state awards or subrecipients.
582	"State financial assistance" It does not include procurement
583	contracts used to buy goods or services from vendors and. Audits
584	of such procurement contracts with vendors are outside of the
585	scope of this section. Also, audits of contracts to operate
586	state-owned state-government-owned and contractor-operated
587	facilities are excluded from the audit requirements of this
588	section.
589	(r)(q)  "State matching" means state resources provided to
590	a nonstate entity entities to be used to meet federal financial
591	participation matching requirements of federal programs.
592	(s)  "State program" means a set of special-purpose
593	activities undertaken to realize identifiable goals and
594	objectives in order to achieve a state agency's mission and
595	legislative intent requiring accountability for state resources.
596	(t)(r)  "State project" means a state program that provides
597	all state financial assistance to a nonstate organization and
598	that must be entity assigned a single state project number
599	identifier in the Catalog of State Financial Assistance.
600	(u)(s)  "State Projects Compliance Supplement" means a
601	document issued by the Department of Financial Services
602	Executive Office of the Governor, in consultation with the Chief
603	Financial Officer and all state awarding agencies that provide
604	state financial assistance. The State Projects Compliance
605	Supplement shall identify state projects, the significant
606	compliance requirements, eligibility requirements, matching
607	requirements, suggested audit procedures, and other relevant
608	information determined necessary.
609	(v)(t)  "State project-specific audit" means an audit of
610	one state project performed in accordance with the requirements
611	of subsection (10)(9).
612	(w)(u)  "State single audit" means an audit of a nonstate
613	entity's financial statements and state financial assistance.
614	Such audits shall be conducted in accordance with the auditing
615	standards as stated in the rules of the Auditor General.
616	(x)(v)  "Subrecipient" means a nonstate entity that
617	receives state financial assistance through another nonstate
618	entity.
619	(y)(w)  "Vendor" means a dealer, distributor, merchant, or
620	other seller providing goods or services that are required for
621	the conduct of a state project. These goods or services may be
622	for an organization's own use or for the use of beneficiaries of
623	the state project.
624	(3)  The Executive Office of the Governor is responsible
625	for notifying the Department of Financial Services of any
626	actions during the budgetary process that impact the Catalog of
627	State Financial Assistance. shall:
628	(a)  Upon conferring with the Chief Financial Officer and
629	all state awarding agencies, adopt rules necessary to provide
630	appropriate guidance to state awarding agencies, recipients and
631	subrecipients, and independent auditors of state financial
632	assistance relating to the requirements of this section,
633	including:
634	1.  The types or classes of financial assistance considered
635	to be state financial assistance which would be subject to the
636	requirements of this section. This would include guidance to
637	assist in identifying when the state agency or recipient has
638	contracted with a vendor rather than with a recipient or
639	subrecipient.
640	2.  The criteria for identifying a major state project.
641	3.  The criteria for selecting state projects for audits
642	based on inherent risk.
643	(b)  Be responsible for coordinating the initial
644	preparation and subsequent revisions of the Catalog of State
645	Financial Assistance after consultation with the Chief Financial
646	Officer and all state awarding agencies.
647	(c)  Be responsible for coordinating the initial
648	preparation and subsequent revisions of the State Projects
649	Compliance Supplement, after consultation with the Chief
650	Financial Officer and all state awarding agencies.
651	(4)  The Department of Financial Services Chief Financial
652	Officer shall:
653	(a)  Upon conferring with the Executive Office of the
654	Governor and all state awarding agencies, adopt rules necessary
655	to provide appropriate guidance to state awarding agencies,
656	nonstate entities, and independent auditors of state financial
657	assistance relating to the requirements of this section,
658	including:
659	1.  The types or classes of state resources considered to
660	be state financial assistance that would be subject to the
661	requirements of this section. This would include guidance to
662	assist in identifying when the state awarding agency or a
663	nonstate entity has contracted with a vendor rather than with a
664	recipient or subrecipient.
665	2.  The criteria for identifying a major state project.
666	3.  The criteria for selecting state projects for audits
667	based on inherent risk.
668	(b)  Be responsible for coordinating revisions to the
669	Catalog of State Financial Assistance after consultation with
670	the Executive Office of the Governor and all state awarding
671	agencies.
672	(c)  Be responsible for coordinating with the Executive
673	Office of the Governor actions affecting the budgetary process
674	under paragraph (b).
675	(d)  Be responsible for coordinating revisions to the State
676	Projects Compliance Supplement, after consultation with the
677	Executive Office of the Governor and all state awarding
678	agencies.
679	(e)(a)  Make enhancements to the state's accounting system
680	to provide for the:
681	1.  Recording of state financial assistance and federal
682	financial assistance appropriations and expenditures within the
683	state awarding agencies' operating funds.
684	2.  Recording of state project number identifiers, as
685	provided in the Catalog of State Financial Assistance, for state
686	financial assistance.
687	3.  Establishment and recording of an identification code
688	for each financial transaction, including awarding state
689	agencies' disbursements of state financial assistance and
690	federal financial assistance, as to the corresponding type or
691	organization that is party to the transaction (e.g., other
692	governmental agencies, nonprofit organizations, and for-profit
693	organizations), and disbursements of federal financial
694	assistance, as to whether the party to the transaction is or is
695	not a nonstate entity recipient or subrecipient.
696	(f)(b)  Upon conferring with the Executive Office of the
697	Governor and all state awarding agencies, adopt rules necessary
698	to provide appropriate guidance to state awarding agencies,
699	nonstate entities recipients and subrecipients, and independent
700	auditors of state financial assistance relating to the format
701	for the Schedule of Expenditures of State Financial Assistance.
702	(g)(c)  Perform any inspections, reviews, investigations,
703	or audits of state financial assistance considered necessary in
704	carrying out the Department of Financial Services' Chief
705	Financial Officer's legal responsibilities for state financial
706	assistance or to comply with the requirements of this section.
707	(5)  Each state awarding agency shall:
708	(a)  Provide to each a recipient information needed by the
709	recipient to comply with the requirements of this section,
710	including:
711	1.  The audit and accountability requirements for state
712	projects as stated in this section and applicable rules of the
713	Executive Office of the Governor, rules of the Department of
714	Financial Services Chief Financial Officer, and rules of the
715	Auditor General.
716	2.  Information from the Catalog of State Financial
717	Assistance, including the standard state project number
718	identifier; official title; legal authorization; and description
719	of the state project including objectives, restrictions, and
720	other relevant information determined necessary.
721	3.  Information from the State Projects Compliance
722	Supplement, including the significant compliance requirements,
723	eligibility requirements, matching requirements, suggested audit
724	procedures, and other relevant information determined necessary.
725	(b)  Require the recipient, as a condition of receiving
726	state financial assistance, to allow the state awarding agency,
727	the Department of Financial Services Chief Financial Officer,
728	and the Auditor General access to the recipient's records and
729	the recipient's independent auditor's working papers as
730	necessary for complying with the requirements of this section.
731	(c)  Notify the recipient that this section does not limit
732	the authority of the state awarding agency to conduct or arrange
733	for the conduct of additional audits or evaluations of state
734	financial assistance or limit the authority of any state
735	awarding agency inspector general, the Auditor General, or any
736	other state official.
737	(d)  Be provided one copy of each financial reporting
738	package prepared in accordance with the requirement of this
739	section.
740	(e)  Review the recipient's recipient financial reporting
741	package, including the management letters and corrective action
742	plans, to the extent necessary to determine whether timely and
743	appropriate corrective action has been taken with respect to
744	audit findings and recommendations pertaining to state financial
745	assistance that are specific to provided by the state awarding
746	agency.
747	(f)  Designate within the state awarding agency an
748	organizational unit that will be responsible for reviewing
749	financial reporting packages pursuant to paragraph (e).
750
751	If the state awarding agency is not the coordinating agency as
752	defined in paragraph (2)(d), the state awarding agency's
753	designated organizational unit shall communicate to the
754	coordinating agency the state awarding agency's approval of the
755	recipient's corrective action plan with respect to findings and
756	recommendations that are not specific to the state awarding
757	agency.
758	(6)  Each coordinating agency shall:
759	(a)  Review the recipient's financial reporting package,
760	including the management letter and corrective action plan, to
761	identify audit findings and recommendations that affect state
762	financial assistance that are not specific to a particular state
763	awarding agency.
764	(b)  For any findings and recommendations identified
765	pursuant to paragraph (a):
766	1.  Determine whether timely and appropriate corrective
767	action has been taken.
768	2.  Promptly inform the state awarding agency, as provided
769	in paragraph (5)(f), of actions taken by the recipient to comply
770	with the approved corrective action plan.
771	(c)  Maintain records of followup actions taken for the use
772	of any succeeding coordinating agency.
773	(7)(6)  As a condition of receiving state financial
774	assistance, each nonstate entity recipient that provides state
775	financial assistance to a subrecipient shall:
776	(a)  Provide to each a subrecipient information needed by
777	the subrecipient to comply with the requirements of this
778	section, including:
779	1.  Identification of the state awarding agency.
780	2.  The audit and accountability requirements for state
781	projects as stated in this section and applicable rules of the
782	Executive Office of the Governor, rules of the Department of
783	Financial Services Chief Financial Officer, and rules of the
784	Auditor General.
785	3.  Information from the Catalog of State Financial
786	Assistance, including the standard state project number
787	identifier; official title; legal authorization; and description
788	of the state project, including objectives, restrictions, and
789	other relevant information.
790	4.  Information from the State Projects Compliance
791	Supplement including the significant compliance requirements,
792	eligibility requirements, matching requirements, and suggested
793	audit procedures, and other relevant information determined
794	necessary.
795	(b)  Review the financial reporting package of the
796	subrecipient audit reports, including the management letter and
797	corrective action plan letters, to the extent necessary to
798	determine whether timely and appropriate corrective action has
799	been taken with respect to audit findings and recommendations
800	pertaining to state financial assistance provided by a the state
801	awarding agency or nonstate entity.
802	(c)  Perform any such other procedures as specified in
803	terms and conditions of the written agreement with the state
804	awarding agency or nonstate entity, including any required
805	monitoring of the subrecipient's use of state financial
806	assistance through onsite visits, limited scope audits, or other
807	specified procedures.
808	(d)  Require subrecipients, as a condition of receiving
809	state financial assistance, to permit the independent auditor of
810	the nonstate entity recipient, the state awarding agency, the
811	Department of Financial Services Chief Financial Officer, and
812	the Auditor General access to the subrecipient's records and the
813	subrecipient's independent auditor's working papers as necessary
814	to comply with the requirements of this section.
815	(8)(7)  Each recipient or subrecipient of state financial
816	assistance shall comply with the following:
817	(a)  Each nonstate entity that receives state financial
818	assistance and meets the audit threshold requirements, in any
819	fiscal year of the nonstate entity, as stated in the rules of
820	the Auditor General, shall have a state single audit conducted
821	for such fiscal year in accordance with the requirements of this
822	act and with additional requirements established in rules of the
823	Executive Office of the Governor, rules of the Department of
824	Financial Services Chief Financial Officer, and rules of the
825	Auditor General. If only one state project is involved in a
826	nonstate entity's fiscal year, the nonstate entity may elect to
827	have only a state project-specific audit of the state project
828	for that fiscal year.
829	(b)  Each nonstate entity that receives state financial
830	assistance and does not meet the audit threshold requirements,
831	in any fiscal year of the nonstate entity, as stated in this law
832	or the rules of the Auditor General is exempt for such fiscal
833	year from the state single audit requirements of this section.
834	However, such nonstate entity must meet terms and conditions
835	specified in the written agreement with the state awarding
836	agency or nonstate entity.
837	(c)  If a nonstate entity has extremely limited or no
838	required activities related to the administration of a state
839	project, and only acts as a conduit of state financial
840	assistance, none of the requirements of this section apply to
841	the conduit nonstate entity. However, the nonstate entity that
842	is provided state financial assistance by the conduit nonstate
843	entity is subject to the requirements of this section.
844	(d)(c)  Regardless of the amount of the state financial
845	assistance, the provisions of this section does do not exempt a
846	nonstate entity from compliance with provisions of law relating
847	to maintaining records concerning state financial assistance to
848	such nonstate entity or allowing access and examination of those
849	records by the state awarding agency, the nonstate entity, the
850	Department of Financial Services Chief Financial Officer, or the
851	Auditor General.
852	(e)(d)  Audits conducted pursuant to this section shall be
853	performed annually.
854	(f)(e)  Audits conducted pursuant to this section shall be
855	conducted by independent auditors in accordance with auditing
856	standards as stated in rules of the Auditor General.
857	(g)(f)  Upon completion of the audit as required by this
858	section, a copy of the recipient's financial reporting package
859	shall be filed with the state awarding agency and the Auditor
860	General. Upon completion of the audit as required by this
861	section, a copy of the subrecipient's financial reporting
862	package shall be filed with the nonstate entity recipient that
863	provided the state financial assistance and the Auditor General.
864	The financial reporting package shall be filed in accordance
865	with the rules of the Auditor General.
866	(h)(g)  All financial reporting packages prepared pursuant
867	to the requirements of this section shall be available for
868	public inspection.
869	(i)(h)  If an audit conducted pursuant to this section
870	discloses any significant audit findings relating to state
871	financial assistance, including material noncompliance with
872	individual state project compliance requirements or reportable
873	conditions in internal controls of the nonstate entity, the
874	nonstate entity shall submit as part of the financial reporting
875	audit package to the state awarding agency or nonstate entity a
876	plan for corrective action to eliminate such audit findings or a
877	statement describing the reasons that corrective action is not
878	necessary.
879	(j)(i)  An audit conducted in accordance with this section
880	is in addition to any audit of federal awards required by the
881	federal Single Audit Act and other federal laws and regulations.
882	To the extent that such federally required audits provide the
883	state awarding agency or nonstate entity with information it
884	requires to carry out its responsibilities under state law or
885	other guidance, the a state awarding agency or nonstate entity
886	shall rely upon and use that information.
887	(k)(j)  Unless prohibited by law, the costs cost of audits
888	pursuant to this section are is allowable charges to state
889	projects. However, any charges to state projects should be
890	limited to those incremental costs incurred as a result of the
891	audit requirements of this section in relation to other audit
892	requirements. The nonstate entity should allocate such
893	incremental costs to all state projects for which it expended
894	state financial assistance.
895	(l)(k)  Audit costs may not be charged to state projects
896	when audits required by this section have not been made or have
897	been made but not in accordance with this section. If a nonstate
898	entity fails to have an audit conducted consistent with this
899	section, a state awarding agency or nonstate entity agencies may
900	take appropriate corrective action to enforce compliance.
901	(m)(l)  This section does not prohibit the state awarding
902	agency or nonstate entity from including terms and conditions in
903	the written agreement which require additional assurances that
904	state financial assistance meets the applicable requirements of
905	laws, regulations, and other compliance rules.
906	(n)(m)  A state awarding agency or nonstate entity that
907	provides state financial assistance to nonstate entities and
908	conducts or arranges for audits of state financial assistance
909	that are in addition to the audits conducted under this act,
910	including audits of nonstate entities that do not meet the audit
911	threshold requirements, shall, consistent with other applicable
912	law, arrange for funding the full cost of such additional
913	audits.
914	(9)(8)  The independent auditor when conducting a state
915	single audit of a nonstate entity recipients or subrecipients
916	shall:
917	(a)  Determine whether the nonstate entity's financial
918	statements are presented fairly in all material respects in
919	conformity with generally accepted accounting principles.
920	(b)  Determine whether state financial assistance shown on
921	the Schedule of Expenditures of State Financial Assistance is
922	presented fairly in all material respects in relation to the
923	nonstate entity's financial statements taken as a whole.
924	(c)  With respect to internal controls pertaining to each
925	major state project:
926	1.  Obtain an understanding of internal controls.;
927	2.  Assess control risk.;
928	3.  Perform tests of controls unless the controls are
929	deemed to be ineffective.; and
930	4.  Determine whether the nonstate entity has internal
931	controls in place to provide reasonable assurance of compliance
932	with the provisions of laws and rules pertaining to state
933	financial assistance that have a material effect on each major
934	state project.
935	(d)  Determine whether each major state project complied
936	with the provisions of laws, rules, and guidelines as identified
937	in the State Projects Compliance Supplement, or otherwise
938	identified by the state awarding agency, which have a material
939	effect on each major state project. When major state projects
940	are less than 50 percent of the nonstate entity's total
941	expenditures for all state financial assistance, the auditor
942	shall select and test additional state projects as major state
943	projects as necessary to achieve audit coverage of at least 50
944	percent of the expenditures for all state financial assistance
945	provided to the nonstate entity. Additional state projects
946	needed to meet the 50-percent requirement may be selected on an
947	inherent risk basis as stated in the rules of the Department of
948	Financial Services Executive Office of the Governor.
949	(e)  Report on the results of any audit conducted pursuant
950	to this section in accordance with the rules of the Executive
951	Office of the Governor, rules of the Department of Financial
952	Services Chief Financial Officer, and rules of the Auditor
953	General. Financial reporting packages shall Audit reports shall
954	include summaries of the auditor's results regarding the
955	nonstate entity's financial statements; Schedule of Expenditures
956	of State Financial Assistance; internal controls; and compliance
957	with laws, rules, and guidelines.
958	(f)  Issue a management letter as prescribed in the rules
959	of the Auditor General.
960	(g)  Upon notification by the nonstate entity, make
961	available the working papers relating to the audit conducted
962	pursuant to the requirements of this section to the state
963	awarding agency, the Department of Financial Services Chief
964	Financial Officer, or the Auditor General for review or copying.
965	(10)(9)  The independent auditor, when conducting a state
966	project-specific audit of a nonstate entity recipients or
967	subrecipients, shall:
968	(a)  Determine whether the nonstate entity's schedule of
969	Expenditure of State Financial Assistance is presented fairly in
970	all material respects in conformity with stated accounting
971	policies.
972	(b)  Obtain an understanding of internal controls control
973	and perform tests of internal controls control over the state
974	project consistent with the requirements of a major state
975	project.
976	(c)  Determine whether or not the auditee has complied with
977	applicable provisions of laws, rules, and guidelines as
978	identified in the State Projects Compliance Supplement, or
979	otherwise identified by the state awarding agency, which could
980	have a direct and material effect on the state project.
981	(d)  Report on the results of the a state project-specific
982	audit consistent with the requirements of the state single audit
983	and issue a management letter as prescribed in the rules of the
984	Auditor General.
985	(e)  Upon notification by the nonstate entity, make
986	available the working papers relating to the audit conducted
987	pursuant to the requirements of this section to the state
988	awarding agency, the Department of Financial Services Chief
989	Financial Officer, or the Auditor General for review or copying.
990	(11)(10)  The Auditor General shall:
991	(a)  Have the authority to audit state financial assistance
992	provided to any nonstate entity when determined necessary by the
993	Auditor General or when directed by the Legislative Auditing
994	Committee.
995	(b)  Adopt rules that state the auditing standards that
996	independent auditors are to follow for audits of nonstate
997	entities required by this section.
998	(c)  Adopt rules that describe the contents and the filing
999	deadlines for the financial reporting package.
1000	(d)  Provide technical advice upon request of the
1001	Department of Financial Services Chief Financial Officer,
1002	Executive Office of the Governor, and state awarding agencies
1003	relating to financial reporting and audit responsibilities
1004	contained in this section.
1005	(e)  Be provided one copy of each financial reporting
1006	package prepared in accordance with the requirements of this
1007	section.
1008	(f)  Perform ongoing reviews of a sample of financial
1009	reporting packages filed pursuant to the requirements of this
1010	section to determine compliance with the reporting requirements
1011	of this section and applicable rules of the Executive Office of
1012	the Governor, rules of the Department of Financial Services
1013	Chief Financial Officer, and rules of the Auditor General.
1014	Section 12.  Paragraphs (a), (b), (gg), (hh), and (jj) of
1015	subsection (1) of section 216.011, Florida Statutes, are
1016	amended, paragraphs (rr) and (ss) are added to said subsection,
1017	and paragraph (c) is added to subsection (3) of said section, to
1018	read:
1019	216.011  Definitions.--
1020	(1)  For the purpose of fiscal affairs of the state,
1021	appropriations acts, legislative budgets, and approved budgets,
1022	each of the following terms has the meaning indicated:
1023	(a)  "Annual salary rate" means the monetary compensation
1024	authorized to be paid a position on an annualized basis. The
1025	term does not include moneys authorized for benefits associated
1026	with the position. In calculating salary rate, a vacant position
1027	shall be calculated at the minimum of the pay grade for that
1028	position.
1029	(b)  "Appropriation" means a legal authorization to make
1030	expenditures for specific purposes within the amounts authorized
1031	by law in the appropriations act.
1032	(gg)  "Mandatory reserve" means the reduction of an
1033	appropriation by the Governor or the Legislative Budget
1034	Commission due to an anticipated deficit in a fund, pursuant to
1035	s. 216.221. Action may not be taken to restore a mandatory
1036	reserve either directly or indirectly. "Performance-based
1037	program appropriation" means the appropriation category used to
1038	fund a specific set of activities or classification of
1039	expenditure within an approved performance-based program.
1040	(hh)  "Budget reserve" means the withholding, as authorized
1041	by the Legislature, of an appropriation, or portion thereof. The
1042	need for a budget reserve may exist until certain conditions set
1043	by the Legislature are met by the affected agency, or such need
1044	may exist due to financial or program changes that have occurred
1045	since, and were unforeseen at the time of, passage of the
1046	General Appropriations Act. "Performance-based program budget"
1047	means a budget that incorporates approved programs and
1048	performance measures.
1049	(jj)  "Program" means a set of services and activities
1050	undertaken in accordance with a plan of action organized to
1051	realize identifiable goals and objectives based on legislative
1052	authorization.
1053	(rr)  "Activity" means a unit of work that has identifiable
1054	starting and ending points, consumes resources, and produces
1055	outputs.
1056	(ss)  "Qualified expenditure category" means the
1057	appropriations category used to fund specific activities and
1058	projects which must be transferred to one or more appropriation
1059	categories for expenditure upon recommendation by the Governor
1060	or Chief Justice, as appropriate, and subject to approval by the
1061	Legislative Budget Commission.
1062	(3)  For purposes of this chapter, the term:
1063	(c)  "Statutorily authorized entity" means any entity
1064	primarily acting as an instrumentality of the state, any
1065	regulatory or governing body, or any other governmental or
1066	quasi-governmental organization that receives, disburses,
1067	expends, administers, awards, recommends expenditure of,
1068	handles, manages, or has custody or control of funds
1069	appropriated by the Legislature and:
1070	1.  Is created, organized, or specifically authorized to be
1071	created or established by general law; or
1072	2.  Assists a department, as defined in s. 20.03(2), or
1073	other unit of state government in providing programs or services
1074	on a statewide basis with a statewide service area or
1075	population.
1076	Section 13.  Effective July 1, 2006, paragraph (n) of
1077	subsection (1) of section 216.011, Florida Statutes, is amended
1078	to read:
1079	216.011  Definitions.--
1080	(1)  For the purpose of fiscal affairs of the state,
1081	appropriations acts, legislative budgets, and approved budgets,
1082	each of the following terms has the meaning indicated:
1083	(n)  "Expense" means the appropriation category used to
1084	fund the usual, ordinary, and incidental expenditures by an
1085	agency or the judicial branch, including such items as
1086	contractual services, commodities, and supplies of a consumable
1087	nature, current obligations, and fixed charges, and excluding
1088	expenditures classified as operating capital outlay. Payments to
1089	other funds or local, state, or federal agencies may be included
1090	in this category.
1091	Section 14.  Section 216.013, Florida Statutes, is amended
1092	to read:
1093	216.013  Long-range program plan.--
1094	(1)  State agencies and the judicial branch shall develop
1095	long-range program plans to achieve state goals using an
1096	interagency planning process that includes the development of
1097	integrated agency program service outcomes. The plans shall be
1098	policy based, priority driven, accountable, and developed
1099	through careful examination and justification of all agency and
1100	judicial branch programs. The plan shall cover a period of 5
1101	fiscal years and shall become effective July 1 each year.
1102	(1)  Long-range program plans shall provide the framework
1103	for the development of agency budget requests and shall identify
1104	or update:
1105	(a)  The mission of the agency or judicial branch.
1106	(b)  The goals established to accomplish the mission.
1107	(c)  The objectives developed to achieve state goals.
1108	(d)  The trends and conditions relevant to the mission,
1109	goals, and objectives.
1110	(e)(a)  Identify agency programs and address how agency The
1111	agency or judicial branch programs that will be used to
1112	implement state policy and achieve state goals and program
1113	component objectives.;
1114	(f)  The program outcomes and standards to measure progress
1115	toward program objectives.
1116	(b)  Identify and describe agency functions and how they
1117	will be used to achieve designated outcomes;
1118	(c)  Identify demand, output, total costs, and unit costs
1119	for each function;
1120	(g)(d)  Provide Information regarding performance
1121	measurement, which includes, but is not limited to, how data is
1122	collected, the methodology used to measure a performance
1123	indicator, the validity and reliability of a measure, the
1124	appropriateness of a measure, and whether, in the case of
1125	agencies, the agency inspector general has assessed the
1126	reliability and validity of agency performance measures,
1127	pursuant to s. 20.055(2).;
1128	(e)  Identify and justify facility and fixed capital outlay
1129	projects and their associated costs; and
1130	(f)  Identify and justify information technology
1131	infrastructure and applications and their associated costs for
1132	information technology projects or initiatives.
1133	(2)  All agency functions and their costs shall be
1134	carefully evaluated and justified by the agency. The
1135	justification must clearly demonstrate the needs of agency
1136	customers and clients and why the agency is proposing functions
1137	and their associated costs to address the needs based on state
1138	priorities, the agency mission, and legislative authorization.
1139	Further, the justification must show how agency functions are
1140	integrated and contribute to the overall achievement of state
1141	goals. Facilities, fixed capital outlay and information
1142	technology infrastructure, and applications shall be evaluated
1143	pursuant to ss. 216.0158, 216.043, and 216.0446, respectively.
1144	(2)  Each long-range program plan shall cover a period of 5
1145	fiscal years, be revised annually, and remain in effect until
1146	replaced or revised.
1147	(3)  Long-range program plans or revisions shall be
1148	presented by state agencies and the judicial branch in a form,
1149	manner, and timeframe prescribed in written instructions
1150	prepared by submitted to the Executive Office of the Governor in
1151	consultation with by August 1 of each year in a form and manner
1152	prescribed by the Executive Office of the Governor and the
1153	chairs of the legislative appropriations committees. Such long-
1154	range program plans for the Judicial Branch shall be submitted
1155	by the Chief Justice of the Supreme Court to the President of
1156	the Senate and the Speaker of the House of Representatives, and
1157	a copy shall be provided to the Executive Office of the
1158	Governor.
1159	(4)  The Executive Office of the Governor shall review the
1160	long-range program plans for executive agencies to ensure that
1161	they are consistent with the state's goals and objectives and
1162	other requirements as specified in the written instructions and
1163	that they provide the framework and context for the agency's
1164	budget request.
1165	(5)  Executive agencies shall incorporate all revisions
1166	required by the Governor within 14 working days.
1167	(6)  Any differences between executive agencies regarding
1168	the programs, policies, or long-range program plans of such
1169	agencies shall be mediated by the Executive Office of the
1170	Governor.
1171	(4)(7)  Each state executive agency and the judicial branch
1172	shall post their long-range program plan on their Internet
1173	website transmit copies of its long-range program plan and all
1174	written comments on its plan to the President of the Senate and
1175	the Speaker of the House of Representatives not later than
1176	September 30th of each year, and provide written notice to the
1177	Governor and the Legislature that the plans have been posted 60
1178	days prior to the next regular session of the Legislature.
1179	(8)  Long-range program plans developed pursuant to this
1180	chapter are not rules and therefore are not subject to the
1181	provisions of chapter 120.
1182	(5)(9)  Following the adoption of the annual General
1183	Appropriations Act, the state agencies and the judicial branch
1184	shall make appropriate adjustments to their long-range program
1185	plans to be consistent with the appropriations and performance
1186	measures in the General Appropriations Act and legislation
1187	implementing the General Appropriations Act. Agencies and the
1188	judicial branch have until June 30 15 to make adjustments to
1189	their plans as posted on their Internet websites and submit the
1190	adjusted plans to the Executive Office of the Governor for
1191	review.
1192	(6)  Long-range program plans developed pursuant to this
1193	chapter are not rules and therefore are not subject to the
1194	provisions of chapter 120.
1195	Section 15.  Section 216.023, Florida Statutes, is amended
1196	to read:
1197	216.023  Legislative budget requests to be furnished to
1198	Legislature by agencies.--
1199	(1)  The head of each state agency, except as provided in
1200	subsection (2), shall submit a final legislative budget request
1201	to the Legislature and to the Governor, as chief budget officer
1202	of the state, in the form and manner prescribed in the budget
1203	instructions and at such time as specified by the Executive
1204	Office of the Governor, based on the agency's independent
1205	judgment of its needs. However, a no state agency may not shall
1206	submit its complete legislative budget request, including all
1207	supporting forms and schedules required by this chapter, later
1208	than October September 15 of each year unless an alternative
1209	date is agreed to be in the best interest of the state by the
1210	Governor and the chairs of the legislative appropriations
1211	committees.
1212	(2)  The judicial branch and the Division of Administrative
1213	Hearings shall submit their complete legislative budget requests
1214	directly to the Legislature with a copy to the Governor, as
1215	chief budget officer of the state, in the form and manner as
1216	prescribed in the budget instructions. However, the complete
1217	legislative budget requests, including all supporting forms and
1218	schedules required by this chapter, shall be submitted no later
1219	than October September 15 of each year unless an alternative
1220	date is agreed to be in the best interest of the state by the
1221	Governor and the chairs of the legislative appropriations
1222	committees.
1223	(3)  The Executive Office of the Governor and the
1224	appropriations committees of the Legislature shall jointly
1225	develop legislative budget instructions for preparing the
1226	exhibits and schedules that make up the agency budget from which
1227	each agency and the judicial branch shall prepare their budget
1228	request. The budget instructions shall be consistent with s.
1229	216.141 and shall be transmitted to each agency and to the
1230	judicial branch no later than July June 15 of each year unless
1231	an alternative date is agreed to be in the best interest of the
1232	state by the Governor and the chairs of the legislative
1233	appropriations committees. In the event that agreement cannot be
1234	reached between the Executive Office of the Governor and the
1235	appropriations committees of the Legislature regarding
1236	legislative budget instructions, the issue shall be resolved by
1237	the Governor, the President of the Senate, and the Speaker of
1238	the House of Representatives.
1239	(4)(a)  The legislative budget request must contain for
1240	each program:
1241	1.  The constitutional or statutory authority for a
1242	program, a brief purpose statement, and approved program
1243	components.
1244	2.  Information on expenditures for 3 fiscal years (actual
1245	prior-year expenditures, current-year estimated expenditures,
1246	and agency budget requested expenditures for the next fiscal
1247	year) by appropriation category.
1248	3.  Details on trust funds and fees.
1249	4.  The total number of positions (authorized, fixed, and
1250	requested).
1251	5.  An issue narrative describing and justifying changes in
1252	amounts and positions requested for current and proposed
1253	programs for the next fiscal year.
1254	6.  Information resource requests.
1255	7.  Legislatively approved output and outcome performance
1256	measures and any proposed revisions to measures.
1257	8.  Proposed performance standards for each performance
1258	measure and justification for the standards and the sources of
1259	data to be used for measurement.
1260	9.  Prior-year performance data on approved performance
1261	measures and an explanation of deviation from expected
1262	performance. Performance data must be assessed for reliability
1263	in accordance with s. 20.055.
1264	10.  Proposed performance incentives and disincentives.
1265	11.  Supporting information, including applicable cost-
1266	benefit analyses, business case analyses, performance
1267	contracting procedures, service comparisons, and impacts on
1268	performance standards for any request to outsource or privatize
1269	agency functions.
1270	12.  An evaluation of any major outsourcing and
1271	privatization initiatives undertaken during the last 5 fiscal
1272	years having aggregate expenditures exceeding $10 million during
1273	the term of the contract. The evaluation shall include an
1274	assessment of contractor performance, a comparison of
1275	anticipated service levels to actual service levels, and a
1276	comparison of estimated savings to actual savings achieved.
1277	Consolidated reports issued by the Department of Management
1278	Services may be used to satisfy this requirement.
1279	(b)  It is the intent of the Legislature that total
1280	accountability measures, including unit-cost data, serve not
1281	only as a budgeting tool but also as a policymaking tool and an
1282	accountability tool. Therefore, each state agency and the
1283	judicial branch must submit a one-page summary of information
1284	for the preceding year in accordance with the legislative budget
1285	instructions. Each one-page summary must contain:
1286	1.  The final budget for the agency and the judicial
1287	branch.
1288	2.  Total funds from the General Appropriations Act.
1289	3.  Adjustments to the General Appropriations Act.
1290	4.  The line-item listings of all activities.
1291	5.  The number of activity units performed or accomplished.
1292	6.  Total expenditures for each activity, including amounts
1293	paid to contractors and subordinate entities. Expenditures
1294	related to administrative activities not aligned with output
1295	measures must consistently be allocated to activities with
1296	output measures prior to computing unit costs.
1297	7.  The cost per unit for each activity, including the
1298	costs allocated to contractors and subordinate entities.
1299	8.  The total amount of reversions and pass-through
1300	expenditures omitted from unit-cost calculations.
1301
1302	At the regular session immediately following the submission of
1303	the agency unit cost summary, the Legislature shall reduce in
1304	the General Appropriations Act for the ensuing fiscal year, by
1305	an amount equal to at least 10 percent of the allocation for the
1306	fiscal year preceding the current fiscal year, the funding of
1307	each state agency that fails to submit the report required under
1308	this paragraph.
1309	(5)  At the time specified in the legislative budget
1310	instructions and in sufficient time to be included in the
1311	Governor's recommended budget, the judicial branch is required
1312	to submit a performance-based program budget request. The Chief
1313	Justice of the Supreme Court shall identify and, after
1314	consultation with the Office of Program Policy Analysis and
1315	Government Accountability, submit to the President of the Senate
1316	and the Speaker of the House of Representatives a list of
1317	proposed programs and associated performance measures. The
1318	judicial branch shall provide documentation to accompany the
1319	list of proposed programs and performance measures as provided
1320	under subsection (4). The judicial branch shall submit a
1321	performance-based program agency budget request using the
1322	programs and performance measures adopted by the Legislature.
1323	The Chief Justice may propose revisions to approved programs or
1324	performance measures for the judicial branch. The Legislature
1325	shall have final approval of all programs and associated
1326	performance measures and standards for the judicial branch
1327	through the General Appropriations Act or legislation
1328	implementing the General Appropriations Act. By September 15,
1329	2001, the Chief Justice of the Supreme Court shall submit to the
1330	President of the Senate and the Speaker of the House of
1331	Representatives a performance-based program budget request for
1332	programs of the judicial branch approved by the Legislature and
1333	provide a copy to the Executive Office of the Governor.
1334	(5)(6)  Agencies must maintain a comprehensive performance
1335	accountability system and provide a list of performance measures
1336	maintained by the agency which are in addition to the measures
1337	approved by the Legislature.
1338	(6)(7)  Annually, by June 30, executive agencies shall
1339	submit to the Executive Office of the Governor adjustments to
1340	their performance standards based on the amounts appropriated
1341	for each program by the Legislature. When such an adjustment is
1342	made, all performance standards, including any adjustments made,
1343	shall be reviewed and revised as necessary by the Executive
1344	Office of the Governor and, upon approval, submitted to the
1345	Legislature pursuant to the review and approval process provided
1346	in s. 216.177. The Senate and the House of Representatives
1347	appropriations committees Senate Committee on Fiscal Policy and
1348	the House of Representatives Fiscal Responsibility Council shall
1349	advise Senate substantive committees and House of
1350	Representatives substantive committees, respectively, of all
1351	adjustments made to performance standards or measures. The
1352	Executive Office of the Governor shall maintain both the
1353	official record of adjustments to the performance standards as
1354	part of the agency's approved operating budget and the official
1355	performance ledger. As used in this section, the term "official
1356	record" "performance ledger" means the official compilation of
1357	information about state agency performance-based programs and
1358	measures, including approved programs, approved outputs and
1359	outcomes, baseline data, approved standards for each performance
1360	measure and any approved adjustments thereto, as well as actual
1361	agency performance for each measure.
1362	(7)(8)  As a part of the legislative budget request, the
1363	head of each state agency and the Chief Justice of the Supreme
1364	Court for the judicial branch shall include an inventory of all
1365	litigation in which the agency is involved that may require
1366	additional appropriations to the agency, that may significantly
1367	affect revenues received or anticipated to be received by the
1368	state, or that may require or amendments to the law under which
1369	the agency operates. No later than March 1 following the
1370	submission of the legislative budget request, the head of the
1371	state agency and the Chief Justice of the Supreme Court shall
1372	provide an update of any additions or changes to the inventory.
1373	Such inventory shall include information specified annually in
1374	the legislative budget instructions and, within the discretion
1375	of the head of the state agency or the Chief Justice of the
1376	Supreme Court, may contain only information found in the
1377	pleadings.
1378	(8)(9)  Annually, by June 30, the judicial branch shall
1379	make adjustments to any performance standards for approved
1380	programs based on the amount appropriated for each program,
1381	which shall be submitted to the Legislature pursuant to the
1382	notice and review process provided in s. 216.177. The Senate and
1383	the House of Representatives appropriations committees Senate
1384	Committee on Fiscal Policy and the House Fiscal Responsibility
1385	Council shall advise Senate substantive committees and House
1386	substantive committees, respectively, of all adjustments made to
1387	performance standards or measures.
1388	(9)(10)  The Executive Office of the Governor shall review
1389	the legislative budget request for technical compliance with the
1390	budget format provided for in the budget instructions. The
1391	Executive Office of the Governor shall notify the agency or the
1392	judicial branch of any adjustment required. The agency or
1393	judicial branch shall make the appropriate corrections as
1394	requested. If the appropriate technical corrections are not made
1395	as requested, the Executive Office of the Governor shall adjust
1396	the budget request to incorporate the appropriate technical
1397	corrections in the format of the request.
1398	(10)(11)  At any time after the Governor submits his or her
1399	and the Chief Justice submit their recommended budget budgets to
1400	the Legislature, the head of the agency or judicial branch may
1401	amend his or her request by transmitting to the Governor and the
1402	Legislature an amended request in the form and manner prescribed
1403	in the legislative budget instructions.
1404	(11)(12)  The legislative budget request from each agency
1405	and from the judicial branch shall be reviewed by the
1406	Legislature. The review may allow for the opportunity to have
1407	information or testimony by the agency, the judicial branch, the
1408	Auditor General, the Office of Program Policy Analysis and
1409	Government Accountability, the Governor's Office of Planning and
1410	Budgeting, and the public regarding the proper level of funding
1411	for the agency in order to carry out its mission.
1412	(12)(13)  In order to ensure an integrated state planning
1413	and budgeting process, the agency long-range plan should be
1414	reviewed by the Legislature.
1415	Section 16.  Section 216.031, Florida Statutes, is amended
1416	to read:
1417	216.031  Target budget request.--Either chair of a
1418	legislative appropriations committee, or the Executive Office of
1419	the Governor for state agencies, may require the agency or the
1420	Chief Justice to address major issues separate from those
1421	outlined in s. 216.023, this section, and s. 216.043 for
1422	inclusion in the requests of the agency or of the judicial
1423	branch. The issues shall be submitted to the agency no later
1424	than July 30 of each year and shall be displayed in its requests
1425	as provided in the budget instructions. The Executive Office of
1426	the Governor may request an agency, or the chair of an the
1427	appropriations committee committees of the Senate or the House
1428	of Representatives may request any agency or the judicial
1429	branch, to submit no later than September 30 of each year a
1430	budget plan with respect to targets established by the Governor
1431	or either chair. The target budget shall require each entity to
1432	establish an order of priorities for its budget issues and may
1433	include requests for multiple options for the budget issues. The
1434	target budget may also require each entity to submit a program
1435	budget or a performance-based budget in the format prescribed by
1436	the Executive Office of the Governor or either chair; provided,
1437	however, The target budget format shall be compatible with the
1438	planning and budgeting system requirements set out in s.
1439	216.141. Such a request shall not influence the agencies' or
1440	judicial branch's independent judgment in making legislative
1441	budget requests, as required by law.
1442	Section 17.  Section 216.052, Florida Statutes, is amended
1443	to read:
1444	216.052  Community budget requests; appropriations;
1445	grants.--
1446	(1)  A local, county, or regional governmental entity,
1447	private organization, or nonprofit organization may submit a
1448	request for a state appropriation for a program, service, or
1449	capital outlay initiative that is local or regional in scope, is
1450	intended to meet a documented need, addresses a statewide
1451	interest, is intended to produce measurable results, and has
1452	tangible community support to members of the Legislature, a
1453	state agency, or the Governor.
1454	(2)  Each appropriation to a local government, a private
1455	organization, or a nonprofit organization made pursuant to a
1456	community budget request shall require that the community's
1457	support be tangibly demonstrated by evidence that the program or
1458	service will operate in a financially sound manner. Any
1459	appropriation to a local government, a private organization, or
1460	a nonprofit organization made pursuant to this section should
1461	require local matching funds. The match must be based on the
1462	size and scope of the project and the applicant's ability to
1463	provide the match. In addition, the granting of state funds
1464	shall be used to encourage the establishment of community-based
1465	partnerships between the public sector and the private sector.
1466	(3)  Each community budget request submitted pursuant to
1467	this section must receive a hearing before a body of duly
1468	elected public officials before being submitted for
1469	consideration.
1470	(2)(4)  For requests submitted to members of the
1471	Legislature, community budget requests shall be submitted in the
1472	form and manner prescribed jointly by the President of the
1473	Senate and the Speaker of the House of Representatives. If the
1474	President of the Senate and the Speaker of the House of
1475	Representatives do not agree on a form and manner of submission
1476	to be used by both houses, each may prescribe a form and manner
1477	of submission to be used in his or her house.
1478	(3)(5)  Community budget requests shall be submitted to the
1479	chairs of the legislative appropriations committees in
1480	accordance with the schedule established jointly by the
1481	President of the Senate and the Speaker of the House of
1482	Representatives. If the President of the Senate and the Speaker
1483	of the House of Representatives do not agree on a schedule to be
1484	used by both houses, each may prescribe a schedule to be used in
1485	his or her house.
1486	(4)(6)  The Executive Office of the Governor shall
1487	prescribe the form and manner of submission of requests to state
1488	agencies and to the Governor.
1489	(5)(7)  The retention of interest earned on state funds or
1490	the amount of interest income earned shall be applied against
1491	the state entity's obligation to pay the appropriated amount.
1492	(8)  Whenever possible, a loan must be made in lieu of a
1493	grant to a local government, a private organization, or a
1494	nonprofit organization. It is the intent of the Legislature that
1495	a revolving loan program shall be established so that the loan
1496	amount plus interest is paid back by the recipient to the state.
1497	(9)  Any private or nonprofit organization that is to
1498	receive funds through a community budget request shall, at the
1499	time of application for such funds, provide information
1500	regarding its organization, including a copy of its current
1501	budget, a list of its board of directors, and, if available, a
1502	copy of its most recent annual audit report prepared by an
1503	independent certified public accountant licensed in this state,
1504	including management letters or other documents associated with
1505	the audit report.
1506	Section 18.  Subsection (5) of section 216.053, Florida
1507	Statutes, is amended to read:
1508	216.053  Summary Information in the General Appropriations
1509	Act; construction of such information.--
1510	(5)  For programs operating under performance-based program
1511	budgets, the General Appropriations Act shall contain summary
1512	information that covers specific appropriations and summarizes
1513	programs and performance.
1514	Section 19.  Section 216.065, Florida Statutes, is amended
1515	to read:
1516	216.065  Fiscal impact statements on actions affecting the
1517	budget.--In addition to the applicable requirements of chapter
1518	120, before the Governor, or Governor and Cabinet as a body,
1519	performing any constitutional or statutory duty, or before any
1520	state agency or statutorily authorized entity takes take any
1521	final action that will affect revenues, directly require a
1522	request for an increased or new appropriation in the following
1523	fiscal year, or that will transfer current year funds, it they
1524	shall first provide the legislative appropriations committees
1525	with a fiscal impact statement that details the effects of such
1526	action on the budget. The fiscal impact statement must specify
1527	the estimated budget and revenue impacts for the current year
1528	and the 2 subsequent fiscal years at the same level of detail
1529	required to support a legislative budget request, including
1530	amounts by appropriation category and fund.
1531	Section 20.  Subsection (3) is added to section 216.081,
1532	Florida Statutes, to read:
1533	216.081  Data on legislative and judicial branch
1534	expenses.--
1535	(3)  If the Governor does not receive timely estimates of
1536	the financial needs of the legislative branch, the Governor's
1537	recommended budget shall include the amounts appropriated and
1538	budget entity structure established in the most recent General
1539	Appropriations Act.
1540	Section 21.  Subsection (1) of section 216.133, Florida
1541	Statutes, is amended to read:
1542	216.133  Definitions; ss. 216.133-216.137.--As used in ss.
1543	216.133-216.137:
1544	(1)  "Consensus estimating conference" includes the
1545	Economic Estimating Conference, the Demographic Estimating
1546	Conference, the Revenue Estimating Conference, the Education
1547	Estimating Conference, the Criminal Justice Estimating
1548	Conference, the Juvenile Justice Estimating Conference, the
1549	Child Welfare System Estimating Conference, the Occupational
1550	Forecasting Conference, the Early Learning Programs Estimating
1551	Conference, the Self-Insurance Estimating Conference, the
1552	Florida Retirement System Actuarial Assumption Conference, and
1553	the Social Services Estimating Conference.
1554	Section 22.  Subsections (4) and (5) of section 216.134,
1555	Florida Statutes, are amended to read:
1556	216.134  Consensus estimating conferences; general
1557	provisions.--
1558	(4)  Consensus estimating conferences are within the
1559	legislative branch. The membership of each consensus estimating
1560	conference consists of principals and participants.
1561	(a)  A person designated by law as a principal may preside
1562	over conference sessions, convene conference sessions, request
1563	information, specify topics to be included on the conference
1564	agenda, agree or withhold agreement on whether information is to
1565	be official information of the conference, release official
1566	information of the conference, interpret official information of
1567	the conference, and monitor errors in official information of
1568	the conference.
1569	(b)  A participant is any person who is invited to
1570	participate in the consensus estimating conference by a
1571	principal. A participant shall, at the request of any principal
1572	before or during any session of the conference, develop
1573	alternative forecasts, collect and supply data, perform
1574	analyses, or provide other information needed by the conference.
1575	The conference shall consider information provided by
1576	participants in developing its official information.
1577	(5)  All sessions and meetings of a consensus estimating
1578	conference shall be open to the public as provided in chapter
1579	286. The President of the Senate and the Speaker of the House of
1580	Representatives, jointly, shall be the sole judge for the
1581	interpretation, implementation, and enforcement of this
1582	subsection.
1583	Section 23.  Subsections (7) through (12) of section
1584	216.136, Florida Statutes, are amended to read:
1585	216.136  Consensus Estimating Conferences; duties and
1586	principals.--
1587	(7)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
1588	(a)  Duties.--The Child Welfare System Estimating
1589	Conference shall develop such official information relating to
1590	the child welfare system of the state, including forecasts of
1591	child welfare caseloads, as the conference determines is needed
1592	for the state planning and budgeting system. Such official
1593	information may include, but is not limited to:
1594	1.  Estimates and projections of the number of initial and
1595	additional reports of child abuse, abandonment, or neglect made
1596	to the central abuse hotline maintained by the Department of
1597	Children and Family Services as established in s. 39.201(4).
1598	Projections may take into account other factors that may
1599	influence the number of future reports to the abuse hotline.
1600	2.  Estimates and projections of the number of children who
1601	are alleged to be victims of child abuse, abandonment, or
1602	neglect and are in need of emergency shelter, foster care,
1603	residential group care, adoptive services, or other appropriate
1604	care.
1605
1606	In addition, the conference shall develop other official
1607	information relating to the child welfare system of the state
1608	which the conference determines is needed for the state planning
1609	and budgeting system. The Department of Children and Family
1610	Services shall provide information on the child welfare system
1611	requested by the Child Welfare System Estimating Conference, or
1612	individual conference principals, in a timely manner.
1613	(b)  Principals.--The Executive Office of the Governor, the
1614	coordinator of the Office of Economic and Demographic Research,
1615	and professional staff who have forecasting expertise from the
1616	Department of Children and Family Services, the Senate, and the
1617	House of Representatives, or their designees, are the principals
1618	of the Child Welfare System Estimating Conference. The principal
1619	representing the Executive Office of the Governor shall preside
1620	over sessions of the conference.
1621	(8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--
1622	(a)  Duties.--The Juvenile Justice Estimating Conference
1623	shall develop such official information relating to the juvenile
1624	justice system of the state as is determined by the conference
1625	principals to be needed for the state planning and budgeting
1626	system. This information shall include, but is not limited to:
1627	estimates of juvenile delinquency caseloads and workloads;
1628	estimates for secure, nonsecure, and home juvenile detention
1629	placements; estimates of workloads in the juvenile sections in
1630	the offices of the state attorneys and public defenders;
1631	estimates of mental health and substance abuse treatment
1632	relating to juveniles; and such other information as is
1633	determined by the conference principals to be needed for the
1634	state planning and budgeting system.
1635	(b)  Principals.--The Executive Office of the Governor, the
1636	Office of Economic and Demographic Research, and professional
1637	staff who have forecasting expertise from the Department of
1638	Juvenile Justice, the Department of Children and Family Services
1639	Substance Abuse and Mental Health Program Offices, the
1640	Department of Law Enforcement, the Senate Appropriations
1641	Committee staff, the House of Representatives Appropriations
1642	Committee staff, or their designees, are the principals of the
1643	Juvenile Justice Estimating Conference. The responsibility of
1644	presiding over sessions of the conference shall be rotated among
1645	the principals. To facilitate policy and legislative
1646	recommendations, the conference may call upon the appropriate
1647	legislative staff.
1648	(7)(9)  WORKFORCE ESTIMATING CONFERENCE.--
1649	(a)  Duties.--
1650	1.  The Workforce Estimating Conference shall develop such
1651	official information on the workforce development system
1652	planning process as it relates to the personnel needs of
1653	current, new, and emerging industries as the conference
1654	determines is needed by the state planning and budgeting system.
1655	Such information, using quantitative and qualitative research
1656	methods, must include at least: short-term and long-term
1657	forecasts of employment demand for jobs by occupation and
1658	industry; entry and average wage forecasts among those
1659	occupations; and estimates of the supply of trained and
1660	qualified individuals available or potentially available for
1661	employment in those occupations, with special focus upon those
1662	occupations and industries which require high skills and have
1663	high entry wages and experienced wage levels. In the development
1664	of workforce estimates, the conference shall use, to the fullest
1665	extent possible, local occupational and workforce forecasts and
1666	estimates.
1667	2.  The Workforce Estimating Conference shall review data
1668	concerning the local and regional demands for short-term and
1669	long-term employment in High-Skills/High-Wage Program jobs, as
1670	well as other jobs, which data is generated through surveys
1671	conducted as part of the state's Internet-based job matching and
1672	labor market information system authorized under s. 445.011. The
1673	conference shall consider such data in developing its forecasts
1674	for statewide employment demand, including reviewing the local
1675	and regional data for common trends and conditions among
1676	localities or regions which may warrant inclusion of a
1677	particular occupation on the statewide occupational forecasting
1678	list developed by the conference. Based upon its review of such
1679	survey data, the conference shall also make recommendations
1680	semiannually to Workforce Florida, Inc., on additions or
1681	deletions to lists of locally targeted occupations approved by
1682	Workforce Florida, Inc.
1683	3.  During each legislative session, and at other times if
1684	necessary, the Workforce Estimating Conference shall meet as the
1685	Workforce Impact Conference for the purpose of determining the
1686	effects of legislation related to the state's workforce and
1687	economic development efforts introduced prior to and during such
1688	legislative session. In addition to the designated principals of
1689	the impact conference, nonprincipal participants of the impact
1690	conference shall include a representative of the Florida Chamber
1691	of Commerce and other interested parties. The impact conference
1692	shall use both quantitative and qualitative research methods to
1693	determine the impact of introduced legislation related to
1694	workforce and economic development issues.
1695	4.  Notwithstanding subparagraph 3., the Workforce
1696	Estimating Conference, for the purposes described in
1697	subparagraph 1., shall meet no less than 2 times in a calendar
1698	year. The first meeting shall be held in February and the second
1699	meeting shall be held in August. Other meetings may be scheduled
1700	as needed.
1701	(b)  Principals.--The Commissioner of Education, the
1702	Executive Office of the Governor, the director of the Office of
1703	Tourism, Trade, and Economic Development, the director of the
1704	Agency for Workforce Innovation, the executive director of the
1705	Commission for Independent Education, the Chancellor of the
1706	State University System, the chair of Workforce Florida, Inc.,
1707	the coordinator of the Office of Economic and Demographic
1708	Research, or their designees, and professional staff from the
1709	Senate and the House of Representatives who have forecasting and
1710	substantive expertise, are the principals of the Workforce
1711	Estimating Conference. In addition to the designated principals
1712	of the conference, nonprincipal participants of the conference
1713	shall include a representative of the Florida Chamber of
1714	Commerce and other interested parties. The principal
1715	representing the Executive Office of the Governor shall preside
1716	over the sessions of the conference.
1717	(8)(10)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
1718	(a)  Duties.--
1719	1.  The Early Learning Programs Estimating Conference shall
1720	develop estimates and forecasts of the unduplicated count of
1721	children eligible for school readiness programs in accordance
1722	with the standards of eligibility established in s. 411.01(6),
1723	and of children eligible for the Voluntary Prekindergarten
1724	Education Program in accordance with s. 1002.53(2), as the
1725	conference determines are needed to support the state planning,
1726	budgeting, and appropriations processes.
1727	2.  The Agency for Workforce Innovation shall provide
1728	information on needs and waiting lists for school readiness
1729	programs, and information on the needs for the Voluntary
1730	Prekindergarten Education Program, as requested by the Early
1731	Learning Programs Estimating Conference or individual conference
1732	principals in a timely manner.
1733	(b)  Principals.--The Executive Office of the Governor, the
1734	Director of Economic and Demographic Research, and professional
1735	staff who have forecasting expertise from the Agency for
1736	Workforce Innovation, the Department of Children and Family
1737	Services, the Department of Education, the Senate, and the House
1738	of Representatives, or their designees, are the principals of
1739	the Early Learning Programs Estimating Conference. The principal
1740	representing the Executive Office of the Governor shall preside
1741	over sessions of the conference.
1742	(9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--
1743	(a)  Duties.--The Self-Insurance Estimating Conference
1744	shall develop such official information on self-insurance
1745	related issues as the conference determines is needed by the
1746	state planning and budgeting system.
1747	(b)  Principals.--The Executive Office of the Governor, the
1748	coordinator of the Office of Economic and Demographic Research,
1749	and professional staff directors of the committees of the Senate
1750	and the House of Representatives who have forecasting and
1751	substantive experience which have primary responsibility for
1752	legislation dealing with taxation, or their designees, are the
1753	principals of the Self-Insurance Estimating Conference. The
1754	responsibility of presiding over sessions of the conference
1755	shall be rotated among the principals.
1756	(10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
1757	CONFERENCE.--
1758	(a)  Duties.--The Florida Retirement System Actuarial
1759	Assumption Conference shall develop official information with
1760	respect to the economic and noneconomic assumptions and funding
1761	methods of the Florida Retirement System necessary to perform
1762	the system actuarial study undertaken pursuant to s. 121.031(3).
1763	Such information shall include: an analysis of the actuarial
1764	assumptions and actuarial methods used in the study and a
1765	determination of whether changes to the assumptions or methods
1766	need to be made due to experience changes or revised future
1767	forecasts.
1768	(b)  Principals.--The Executive Office of the Governor, the
1769	coordinator of the Office of Economic and Demographic Research,
1770	and professional staff of the Senate and House of
1771	Representatives who have forecasting and substantive expertise,
1772	or their designees, are the principals of the Florida Retirement
1773	System Actuarial Assumption Conference. The Executive Office of
1774	the Governor shall have the responsibility of presiding over the
1775	sessions of the conference. The State Board of Administration
1776	and the Division of Retirement shall be participants in the
1777	conference.
1778	Section 24.  Subsection (1) of section 216.162, Florida
1779	Statutes, is amended to read:
1780	216.162  Governor's recommended budget to be furnished
1781	Legislature; copies to members.--
1782	(1)  At least 30 45 days before the scheduled annual
1783	legislative session, the Governor shall furnish each senator and
1784	representative a copy of his or her recommended balanced budget
1785	for the state, based on the Governor's own conclusions and
1786	judgment; provided, however, that in his or her first year in
1787	office a new Governor may request, subject to approval of the
1788	President of the Senate and the Speaker of the House of
1789	Representatives, that his or her recommended balanced budget be
1790	submitted at a later time prior to the Governor's first regular
1791	legislative session.
1792	Section 25.  Subsection (2) and paragraph (b) of subsection
1793	(4) of section 216.163, Florida Statutes, are amended to read:
1794	216.163  Governor's recommended budget; form and content;
1795	declaration of collective bargaining impasses.--
1796	(2)  The Governor's recommended budget shall also include:
1797	(a)  The Governor's recommendations for operating each
1798	state agency, and those of the Chief Justice of the Supreme
1799	Court for operating the judicial branch, for the next fiscal
1800	year. These recommendations shall be displayed by appropriation
1801	category within each budget entity and shall also include the
1802	legislative budget request of the corresponding agency. In order
1803	to present a balanced budget as required by s. 216.162, the
1804	Governor's recommendations for operating appropriations may
1805	include an alternative recommendation to that of the Chief
1806	Justice.
1807	(b)1.  The Governor's recommendations and those of the
1808	Chief Justice for fixed capital outlay appropriations for the
1809	next fiscal year. These recommendations shall be displayed by
1810	budget entity and shall also include the legislative budget
1811	request of the corresponding agency. In order to present a
1812	balanced budget as required by s. 216.162, the Governor's
1813	recommendations for fixed capital outlay appropriations may
1814	include an alternative recommendation to that of the Chief
1815	Justice.
1816	2.  For each specific fixed capital outlay project or group
1817	of projects or operating capital outlay requests recommended to
1818	be funded from a proposed state debt or obligation, he or she
1819	shall make available pursuant to s. 216.164(1)(a) the documents
1820	set forth in s. 216.0442(2).
1821	(c)  The evaluation of the fixed capital outlay request of
1822	each agency and the judicial branch and alternatives to the
1823	proposed projects as made by the Department of Management
1824	Services pursuant to s. 216.044.
1825	(d)  A summary statement of the amount of appropriations
1826	requested by each state agency and as recommended by the
1827	Governor and by the judicial branch.
1828	(e)  A distinct listing of all nonrecurring appropriations
1829	recommended by the Governor or the Chief Justice.
1830	(f)  The Governor's recommendations for high-risk
1831	information technology projects which should be subject to
1832	monitoring under s. 282.322. These recommendations shall include
1833	proviso language which specifies whether funds are specifically
1834	provided to contract for project monitoring, or whether the
1835	Auditor General will conduct such project monitoring. When funds
1836	are recommended for contracting with a project monitor, such
1837	funds may equal 1 percent to 5 percent of the project's
1838	estimated total costs. These funds shall be specifically
1839	appropriated and nonrecurring.
1840	(g)  Any additional information which the Governor or Chief
1841	Justice feels is needed to justify his or her recommendations.
1842	(4)  The Executive Office of the Governor shall review the
1843	findings of the Office of Program Policy Analysis and Government
1844	Accountability, to the extent they are available, request any
1845	reports or additional analyses as necessary, and submit a
1846	recommendation for executive agencies, which may include a
1847	recommendation regarding incentives or disincentives for agency
1848	performance. Incentives or disincentives may apply to all or
1849	part of a state agency. The Chief Justice shall review the
1850	findings of the Office of Program Policy Analysis and Government
1851	Accountability regarding judicial branch performance and make
1852	appropriate recommendations for the judicial branch.
1853	(b)  Disincentives may include, but are not limited to:
1854	1.  Mandatory quarterly reports to the Executive Office of
1855	the Governor and the Legislature on the agency's progress in
1856	meeting performance standards.
1857	2.  Mandatory quarterly appearances before the Legislature,
1858	the Governor, or the Governor and Cabinet to report on the
1859	agency's progress in meeting performance standards.
1860	3.  Elimination or restructuring of the program, which may
1861	include, but not be limited to, transfer of the program or
1862	outsourcing all or a portion of the program.
1863	4.  Reduction of total positions for a program.
1864	5.  Restriction on or reduction of the spending authority
1865	provided in s. 216.292(2)(b).
1866	6.  Reduction of managerial salaries.
1867	Section 26.  Subsections (1) through (4) of section
1868	216.167, Florida Statutes, are amended to read:
1869	216.167  Governor's recommendations.--The Governor's
1870	recommendations shall include a financial schedule that
1871	provides:
1872	(1)  The Governor's estimate of the recommended recurring
1873	revenues available in the Budget Stabilization Fund, the Working
1874	Capital Fund, and the General Revenue Fund.
1875	(2)  The Governor's estimate of the recommended
1876	nonrecurring revenues available in the Budget Stabilization
1877	Fund, the Working Capital Fund, and the General Revenue Fund.
1878	(3)  The Governor's recommended recurring and nonrecurring
1879	appropriations from the Budget Stabilization Fund, the Working
1880	Capital Fund, and the General Revenue Fund.
1881	(4)  The Governor's estimates of any interfund loans or
1882	temporary obligations of the Budget Stabilization Fund, the
1883	General Revenue Working Capital Fund, or trust funds, which
1884	loans or obligations are needed to implement his or her
1885	recommended budget.
1886	Section 27.  Subsection (4) of section 216.168, Florida
1887	Statutes, is amended to read:
1888	216.168  Governor's amended revenue or budget
1889	recommendations; optional and mandatory.--
1890	(4)  If the Governor determines, at any time after he or
1891	she has furnished the Legislature with his or her
1892	recommendations or amended recommendations, that the revenue
1893	estimates upon which the Governor's recommendations were based
1894	are insufficient to fund these recommendations, the Governor
1895	shall amend his or her revenues or appropriations
1896	recommendations to bring the Governor's recommended budget into
1897	balance. On or after March 1, if the Governor determines that
1898	there is insufficient time to provide the information for the
1899	amended recommendations required in ss. 216.164 and 216.166, he
1900	or she shall be exempt from such requirement.
1901	Section 28.  Subsections (2), (3), and (4) of section
1902	216.177, Florida Statutes, are amended to read:
1903	216.177  Appropriations acts, statement of intent,
1904	violation, notice, review and objection procedures.--
1905	(2)(a)  Whenever notice of action to be taken by the
1906	Executive Office of the Governor or the Chief Justice of the
1907	Supreme Court is required by this chapter, such notice shall be
1908	given to the chair and vice chair of the Legislative Budget
1909	Commission in writing, and shall be delivered at least 14 days
1910	prior to the action referred to, unless a shorter period is
1911	approved in writing by the chair and vice chair. If the action
1912	is solely for the release of funds appropriated by the
1913	Legislature, the notice shall be delivered at least 3 days
1914	before the effective date of the action. Action shall not be
1915	taken on any budget item for which this chapter requires notice
1916	to the Legislative Budget Commission or the appropriations
1917	committees without such notice having been provided, even though
1918	there may be good cause for considering such item.
1919	(b)  If the chair and vice chair of the Legislative Budget
1920	Commission or the President of the Senate and the Speaker of the
1921	House of Representatives timely advise, in writing, the
1922	Executive Office of the Governor or the Chief Justice of the
1923	Supreme Court that an action or a proposed action, including any
1924	expenditure of funds resulting from the settlement of litigation
1925	involving a state agency or officer, whether subject to the
1926	notice and review requirements of this chapter or not, exceeds
1927	the delegated authority of the Executive Office of the Governor
1928	for the executive branch or the Chief Justice for the judicial
1929	branch, respectively, or is contrary to legislative policy and
1930	intent, the Governor or the Chief Justice of the Supreme Court
1931	shall void such action and instruct the affected state agency or
1932	entity of the judicial branch to change immediately its spending
1933	action or spending proposal until the Legislative Budget
1934	Commission or the Legislature addresses the issue. The written
1935	documentation shall indicate the specific reasons that an action
1936	or proposed action exceeds the delegated authority or is
1937	contrary to legislative policy and intent.
1938	(c)  The House of Representatives and the Senate shall
1939	provide by rule that any member of the House of Representatives
1940	or Senate may request, in writing, of either the President of
1941	the Senate or the Speaker of the House of Representatives to
1942	initiate the procedures of paragraph (b).
1943	(3)  The Legislature may annually specify any incentives
1944	and disincentives for agencies operating programs under
1945	performance-based program budgets pursuant to this chapter in
1946	the General Appropriations Act or legislation implementing the
1947	General Appropriations Act.
1948	(4)  Notwithstanding the 14-day notice requirements of this
1949	section, the Department of Children and Family Services is
1950	required to provide notice of proposed transfers submitted
1951	pursuant to s. 20.19(5)(b) to the Executive Office of the
1952	Governor and the chairs of the legislative appropriations
1953	committees at least 3 working days prior to their
1954	implementation.
1955	Section 29.  Subsections (1), (2), (4), (6), (8), (9),
1956	(10), (12), and (16) of section 216.181, Florida Statutes, are
1957	amended to read:
1958	216.181  Approved budgets for operations and fixed capital
1959	outlay.--
1960	(1)  The General Appropriations Act and any other acts
1961	containing appropriations shall be considered the original
1962	approved operating budgets for operational and fixed capital
1963	expenditures. Amendments to the approved operating budgets for
1964	operational and fixed capital outlay expenditures from state
1965	agencies may be requested only through the Executive Office of
1966	the Governor and approved by the Governor and the Legislative
1967	Budget Commission as provided in this chapter. Amendments from
1968	the judicial branch may be requested only through, and approved
1969	by, the Chief Justice of the Supreme Court and must be approved
1970	by the Chief Justice and the Legislative Budget Commission as
1971	provided in this chapter. This includes amendments which are
1972	necessary to implement the provisions of s. 216.212 or s.
1973	216.221.
1974	(2)  Amendments to the original approved operating budgets
1975	for operational and fixed capital outlay expenditures must
1976	comply with the following guidelines in order to be approved by
1977	the Governor and the Legislative Budget Commission as provided
1978	in this chapter for the executive branch and the Chief Justice
1979	and the Legislative Budget Commission for the judicial branch:
1980	(a)  The amendment must be consistent with legislative
1981	policy and intent.
1982	(b)  The amendment may not initiate or commence a new
1983	program, except as authorized by this chapter, or eliminate an
1984	existing program.
1985	(c)  Except as authorized in s. 216.292 or other provisions
1986	of this chapter, the amendment may not provide funding or
1987	increased funding for items which were funded by the Legislature
1988	in an amount less than that requested by the agency or Governor
1989	in the legislative budget request or recommended by the
1990	Governor, or which were vetoed by the Governor.
1991	(d)  For amendments that involve trust funds, there must be
1992	adequate and appropriate revenues available in the trust fund
1993	and the amendment must be consistent with the laws authorizing
1994	such trust funds and the laws relating to the use of the trust
1995	funds. However, a trust fund shall not be increased in excess of
1996	the original approved budget, except as provided in subsection
1997	(11).
1998	(e)  The amendment shall not conflict with any provision of
1999	law.
2000	(f)  The amendment must not provide funding for any issue
2001	which was requested by the agency or branch in its legislative
2002	budget request and not funded in the General Appropriations Act.
2003	(g)  The amendment must include a written description of
2004	the purpose of the proposed change, an indication of why interim
2005	budget action is necessary, and the intended recipient of any
2006	funds for contracted services.
2007	(h)  The amendment must not provide general salary
2008	increases which the Legislature has not authorized in the
2009	General Appropriations Act or other laws.
2010	(4)  To the extent possible, individual members of the
2011	Senate and the House of Representatives should be advised of
2012	budget amendments requested by the executive branch and judicial
2013	branch.
2014	(6)(a)  The Executive Office of the Governor or the Chief
2015	Justice of the Supreme Court may require the submission of a
2016	detailed plan from the agency or entity of the judicial branch
2017	affected, consistent with the General Appropriations Act,
2018	special appropriations acts, and statements the statement of
2019	intent before transferring and releasing the balance of a lump-
2020	sum appropriation. The provisions of this paragraph are subject
2021	to the notice and review procedures set forth in s. 216.177.
2022	(b)  The Executive Office of the Governor and the Chief
2023	Justice of the Supreme Court may amend, without approval of the
2024	Legislative Budget Commission, state agency and judicial branch
2025	entity budgets, respectively, to reflect the transferred funds
2026	and to provide the associated increased salary rate based on the
2027	approved plans for lump-sum appropriations. This paragraph is
2028	subject to the procedures set forth in s. 216.177.
2029
2030	The Executive Office of the Governor shall transmit to each
2031	state agency and the Chief Financial Officer, and the Chief
2032	Justice shall transmit to each judicial branch component and the
2033	Chief Financial Officer, any approved amendments to the approved
2034	operating budgets.
2035	(8)  As part of the approved operating budget, the
2036	Executive Office of the Governor shall furnish to each state
2037	agency, and the Chief Justice of the Supreme Court shall furnish
2038	to the entity of the judicial branch, an approved annual salary
2039	rate for each budget entity containing a salary appropriation.
2040	This rate shall be based upon the actual salary rate and shall
2041	be consistent with the General Appropriations Act or special
2042	appropriations acts. The annual salary rate shall be:
2043	(a)  Determined by Calculated based on the actual salary
2044	rate in effect on June 30, and the salary policy and the number
2045	of authorized positions as specified in the General
2046	Appropriations Act and adjusted for reorganizations authorized
2047	by law, for any other appropriations made by law, and, subject
2048	to s. 216.177, for distributions of lump-sum appropriations and
2049	administered funds special appropriations acts, or as provided
2050	pursuant to s. 216.177.
2051	(b)  Controlled by department or agency; except for the
2052	Department of Education, which shall be controlled by division
2053	and for the judicial branch, which shall be controlled at the
2054	branch level.
2055	(c)  Assigned to the number of authorized positions.
2056	(9)(a)  The calculation for the annual salary rate for
2057	vacant and newly authorized positions shall be at no more than
2058	the midpoint of the range of the pay grade for the position or
2059	as provided in the General Appropriations Act.
2060	(b)  No agency or the judicial branch may exceed its
2061	maximum approved annual salary rate for the fiscal year.
2062	However, at any time during the fiscal year, an agency or entity
2063	of the judicial branch may exceed its approved rate for all
2064	budget entities by no more than 5 percent, provided that, by
2065	June 30 of every fiscal year, the agency or entity of the
2066	judicial branch has reduced its salary rate so that the salary
2067	rate for each department budget entity is within the approved
2068	rate limit for that department budget entity.
2069	(10)(a)  The Legislative Budget Commission Executive Office
2070	of the Governor and the Chief Justice of the Supreme Court may
2071	authorize increases or decreases in increase or decrease the
2072	approved salary rate for positions for the purpose of
2073	implementing the General Appropriations Act, special
2074	appropriations acts, and actions pursuant to s. 216.262
2075	consistent with legislative intent and policy. Other adjustments
2076	to approved salary rate must be approved by the Legislative
2077	Budget Commission pursuant to the request of the agency filed
2078	with the Executive Office of the Governor or pursuant to the
2079	request of an entity of the judicial branch filed with the Chief
2080	Justice of the Supreme Court, if deemed necessary and in the
2081	best interest of the state and consistent with legislative
2082	policy and intent. The provisions of this paragraph are subject
2083	to the notice and review procedures set forth in s. 216.177.
2084	(b)  Lump-sum salary bonuses may be provided only if
2085	specifically appropriated or provided pursuant to s. 110.1245 or
2086	s. 216.1815.
2087	(c)  State agencies and the judicial branch shall report,
2088	each fiscal quarter, the number of filled positions, the number
2089	of vacant positions, and the salary rate associated with each
2090	category to the Legislative Budget Commission in a form and
2091	manner prescribed by the commission.
2092	(d)  The salary rate provisions of subsections (8) and (9)
2093	and this subsection do not apply to the general office program
2094	of the Executive Office of the Governor.
2095	(12)  There is appropriated nonoperating budget for
2096	refunds, payments to the United States Treasury, and payments of
2097	the service charge to the General Revenue Fund, and transfers of
2098	funds specifically required by law. Such authorized budget,
2099	together with related releases, shall be transmitted by the
2100	state agency or by the judicial branch to the Chief Financial
2101	Officer for entry in his or her records in the manner and format
2102	prescribed by the Executive Office of the Governor in
2103	consultation with the Chief Financial Officer. A copy of such
2104	authorized budgets shall be furnished to the Executive Office of
2105	the Governor or the Chief Justice, the chairs of the legislative
2106	committees responsible for developing the general appropriations
2107	acts, and the Auditor General. Notwithstanding the duty
2108	specified for each state agency in s. 17.61(3), the Governor may
2109	withhold approval of nonoperating investment authority for
2110	certain trust funds when deemed in the best interest of the
2111	state. The Governor for the executive branch, and the Chief
2112	Justice for the judicial branch, may establish nonoperating
2113	budgets, with the approval of the chairs of the Senate and the
2114	House of Representatives appropriations committees, for
2115	transfers, purchase of investments, special expenses,
2116	distributions, transfers of funds specifically required by law,
2117	and any other nonoperating budget categories they deem necessary
2118	and in the best interest of the state and consistent with
2119	legislative intent and policy. The provisions of this subsection
2120	are subject to the notice, review, and objection procedures set
2121	forth in s. 216.177. For purposes of this section, the term
2122	"nonoperating budgets" means nonoperating disbursement authority
2123	for purchase of investments, refunds, payments to the United
2124	States Treasury, transfers of funds specifically required by
2125	law, distributions of assets held by the state in a trustee
2126	capacity as an agent of fiduciary, special expenses, and other
2127	nonoperating budget categories, as determined necessary by the
2128	Executive Office of the Governor and the chairs of the Senate
2129	and the House of Representatives appropriations committees, not
2130	otherwise appropriated in the General Appropriations Act. The
2131	establishment of nonoperating budget authority shall be deemed
2132	approved by a chair of a legislative committee if written notice
2133	of the objection is not provided to the Governor or Chief
2134	Justice, as appropriate, within 14 days of the chair receiving
2135	notice of the action pursuant to the provisions of s. 216.177.
2136	(16)(a)  Funds provided in any specific appropriation in
2137	the General Appropriations Act may be advanced if the General
2138	Appropriations Act specifically so provides.
2139	(b)  Any agency, or the judicial branch, that has been
2140	authorized by the General Appropriations Act or expressly
2141	authorized by other law to make advances for program startup or
2142	advances for contracted services, in total or periodically,
2143	shall limit such disbursements to other governmental entities
2144	and not-for-profit corporations. The amount that which may be
2145	advanced shall not exceed the expected cash needs of the
2146	contractor or recipient within the initial 3 months. Thereafter,
2147	disbursements shall only be made on a reimbursement basis. Any
2148	agreement that provides for advancements may contain a clause
2149	that permits the contractor or recipient to temporarily invest
2150	the proceeds, provided that any interest income shall either be
2151	returned to the agency or be applied against the agency's
2152	obligation to pay the contract amount. This paragraph does not
2153	constitute lawful authority to make any advance payment not
2154	otherwise authorized by laws relating to a particular agency or
2155	general laws relating to the expenditure or disbursement of
2156	public funds. The Chief Financial Officer may, after
2157	consultation with the legislative appropriations committees,
2158	advance funds beyond a 3-month requirement if it is determined
2159	to be consistent with the intent of the approved operating
2160	budget.
2161	(c)  Unless specifically prohibited in the General
2162	Appropriations Act, funds appropriated to the Department of
2163	Children and Family Services and the Department of Health may be
2164	advanced for those contracted services that were approved for
2165	advancement by the Comptroller in fiscal year 1993-1994,
2166	including those services contracted on a fixed-price or unit-
2167	cost basis.
2168	Section 30.  Section 216.192, Florida Statutes, is amended
2169	to read:
2170	216.192  Release of appropriations; revision of budgets.--
2171	(1)  Unless otherwise provided in the General
2172	Appropriations Act, on July 1 of each fiscal year, up to 25
2173	percent of the original approved operating budget of each agency
2174	and of the judicial branch may be released until such time as
2175	annual plans for quarterly releases for all appropriations have
2176	been developed, approved, and furnished to the Chief Financial
2177	Officer by the Executive Office of the Governor for state
2178	agencies and by the Chief Justice of the Supreme Court for the
2179	judicial branch. The plans, including appropriate plans of
2180	releases for fixed capital outlay projects that correspond with
2181	each project schedule, shall attempt to maximize the use of
2182	trust funds and shall be transmitted to the Chief Financial
2183	Officer by August 1 of each fiscal year. Such releases shall at
2184	no time exceed the total appropriations available to a state
2185	agency or to the judicial branch, or the approved budget for
2186	such agency or the judicial branch if less. The Chief Financial
2187	Officer shall enter such releases in his or her records in
2188	accordance with the release plans prescribed by the Executive
2189	Office of the Governor and the Chief Justice, unless otherwise
2190	amended as provided by law. The Executive Office of the Governor
2191	and the Chief Justice shall transmit a copy of the approved
2192	annual releases to the head of the state agency, the chair and
2193	vice chair of the Legislative Budget Commission, and the Auditor
2194	General. The Chief Financial Officer shall authorize all
2195	expenditures to be made from the appropriations on the basis of
2196	such releases and in accordance with the approved budget, and
2197	not otherwise. Expenditures shall be authorized only in
2198	accordance with legislative authorizations. Nothing herein
2199	precludes periodic reexamination and revision by the Executive
2200	Office of the Governor or by the Chief Justice of the annual
2201	plans for release of appropriations and the notifications of the
2202	parties of all such revisions.
2203	(2)  Any department under the direct supervision of a
2204	member of the Cabinet or of a board consisting of the Governor
2205	and members of the Cabinet which contends that the plan for
2206	releases of funds appropriated to it is contrary to the approved
2207	operating budget shall have the right to have the issue reviewed
2208	by the Administration Commission which shall decide such issue
2209	by majority vote. The appropriations committees of the
2210	Legislature may advise the Administration Commission on the
2211	issue.
2212	(3)  The Executive Office of the Governor shall make
2213	releases within the amounts appropriated and as requested for
2214	all appropriations to the legislative branch, and the provisions
2215	of subsections (1) and (2) shall not apply to the legislative
2216	branch.
2217	(4)  The legislative appropriations committees may advise
2218	the Chief Financial Officer, the Executive Office of the
2219	Governor, or the Chief Justice relative to the release of any
2220	funds under this section.
2221	(4)(5)  The annual plans of releases authorized by this
2222	section may be considered by the Revenue Estimating Conference
2223	in preparation of the statement of financial outlook.
2224	(5)  In order to implement directives contained in the
2225	General Appropriations Act or to prevent deficits pursuant to s.
2226	216.221, the Executive Office of the Governor for the executive
2227	branch and the Chief Justice for the judicial branch may place
2228	appropriations in budget reserve or mandatory reserve.
2229	(6)  All budget actions taken pursuant to the provisions of
2230	this section are subject to the notice and review procedures set
2231	forth in s. 216.177.
2232	Section 31.  Section 216.195, Florida Statutes, is amended
2233	to read:
2234	216.195  Impoundment of funds; restricted.--The Executive
2235	Office of the Governor, the Chief Justice of the Supreme Court,
2236	any member of the Cabinet, or any state agency shall not impound
2237	any appropriation except as necessary to avoid or eliminate a
2238	deficit pursuant to the provisions of s. 216.221. As used in
2239	this section, the term "impoundment" means the omission of any
2240	appropriation or part of an appropriation in the approved
2241	operating plan prepared pursuant to s. 216.181 or in the
2242	schedule of releases prepared pursuant to s. 216.192 or the
2243	failure of any state agency or the judicial branch to spend an
2244	appropriation for the stated purposes authorized in the approved
2245	operating budget. The provisions of this section are subject to
2246	the notice and review procedures of s. 216.177. The Governor or
2247	either house of the Legislature may seek judicial review of any
2248	action or proposed action which violates the provisions of this
2249	section.
2250	Section 32.  Subsections (2), (3), (5), (7), (9), and (10)
2251	of section 216.221, Florida Statutes, are amended to read:
2252	216.221  Appropriations as maximum appropriations;
2253	adjustment of budgets to avoid or eliminate deficits.--
2254	(2)  The Legislature may annually provide direction in the
2255	General Appropriations Act regarding use of any state funds the
2256	Budget Stabilization Fund and Working Capital Fund to offset
2257	General Revenue Fund deficits.
2258	(3)  For purposes of preventing a deficit in the General
2259	Revenue Fund, all branches and agencies of government that
2260	receive General Revenue Fund appropriations shall participate in
2261	deficit reduction efforts. Absent specific legislative direction
2262	in the General Appropriations Act, when budget reductions are
2263	required in order to prevent a deficit under the provisions of
2264	subsection (7), each branch shall reduce its General Revenue
2265	Fund appropriations by a proportional amount.
2266	(5)(a)  If, in the opinion of the Governor, after
2267	consultation with the Revenue Estimating Conference, a deficit
2268	will occur in the General Revenue Fund, he or she shall so
2269	certify to the commission and to the Chief Justice of the
2270	Supreme Court. No more than 30 days after certifying that a
2271	deficit will occur in the General Revenue Fund, the Governor
2272	shall develop for the executive branch, and the Chief Justice of
2273	the Supreme Court shall develop for the judicial branch, and
2274	provide to the commission and to the Legislature plans of action
2275	to eliminate the deficit.
2276	(b)  If, in the opinion of the President of the Senate and
2277	the Speaker of the House of Representatives, after consultation
2278	with the Revenue Estimating Conference, a deficit will occur in
2279	the General Revenue Fund and the Governor has not certified the
2280	deficit, the President of the Senate and the Speaker of the
2281	House of Representatives shall so certify. Within 30 days after
2282	such certification, the Governor shall develop for the executive
2283	branch and the Chief Justice of the Supreme Court shall develop
2284	for the judicial branch and provide to the commission and to the
2285	Legislature plans of action to eliminate the deficit.
2286	(c)(b)  In developing a plan of action to prevent deficits
2287	in accordance with subsection (7), the Governor and Chief
2288	Justice shall, to the extent possible, preserve legislative
2289	policy and intent, and, absent any specific direction to the
2290	contrary in the General Appropriations Act, the Governor and
2291	Chief Justice shall comply with the following guidelines for
2292	reductions in the approved operating budgets of the executive
2293	branch and the judicial branch:
2294	1.  Entire statewide programs previously established by the
2295	Legislature should not be eliminated.
2296	1.2.  Education budgets should not be reduced more than
2297	provided for in s. 215.16(2).
2298	2.3.  The use of nonrecurring funds to solve recurring
2299	deficits should be minimized.
2300	3.4.  Newly created programs that are not fully implemented
2301	and programs with critical audits, evaluations, and reviews
2302	should receive first consideration for reductions.
2303	4.5.  No agencies or branches of government receiving
2304	appropriations should be exempt from reductions.
2305	5.6.  When reductions in positions are required, the focus
2306	should be initially on vacant positions.
2307	7.  Any reductions applied to all agencies and branches
2308	should be uniformly applied.
2309	6.8.  Reductions that would cause substantial losses of
2310	federal funds should be minimized.
2311	9.  To the greatest extent possible, across-the-board,
2312	prorated reductions should be considered.
2313	7.10.  Reductions to statewide programs should occur only
2314	after review of programs that provide only local benefits.
2315	8.11.  Reductions in administrative and support functions
2316	should be considered before reductions in direct-support
2317	services.
2318	9.12.  Maximum reductions should be considered in budgets
2319	for expenses including travel and in budgets for equipment
2320	replacement, outside consultants, and contracts.
2321	10.13.  Reductions in salaries for elected state officials
2322	should be considered.
2323	11.14.  Reductions that adversely affect the public health,
2324	safety, and welfare should be minimized.
2325	12.15.  The Budget Stabilization Fund should not be reduced
2326	to a level that would impair the financial stability of this
2327	state.
2328	13.16.  Reductions in programs that are traditionally
2329	funded by the private sector and that may be assumed by private
2330	enterprise should be considered.
2331	14.17.  Reductions in programs that are duplicated among
2332	state agencies or branches of government should be considered.
2333	(7)  Deficits in the General Revenue Fund that do not meet
2334	the amounts specified by subsection (6) shall be resolved by the
2335	Governor commission for the executive branch and the Chief
2336	Justice of the Supreme Court for the judicial branch. The
2337	Governor commission and Chief Justice shall implement any
2338	directions provided in the General Appropriations Act related to
2339	eliminating deficits and to reducing agency and judicial branch
2340	budgets, including the use of those legislative appropriations
2341	voluntarily placed in reserve. In addition, the Governor and
2342	Chief Justice commission shall implement any directions in the
2343	General Appropriations Act relating to the resolution of deficit
2344	situations. When reducing state agency or judicial branch
2345	budgets, the Governor commission or the Chief Justice,
2346	respectively, shall use the guidelines prescribed in subsection
2347	(5). The Executive Office of the Governor for the commission,
2348	and the Chief Justice for the judicial branch, shall implement
2349	the deficit reduction plans through amendments to the approved
2350	operating budgets in accordance with s. 216.181.
2351	(9)  If, in the opinion of the Chief Financial Officer,
2352	after consultation with the Revenue Estimating Conference, a
2353	deficit will occur, he or she shall report his or her opinion to
2354	the Governor, the President of the Senate, and the Speaker of
2355	the House of Representatives in writing. In the event the
2356	Governor does not certify a deficit, or the President of the
2357	Senate and the Speaker of the House of Representatives do not
2358	certify a deficit within 10 days after the Chief Financial
2359	Officer's report, the Chief Financial Officer shall report his
2360	or her findings and opinion to the commission and the Chief
2361	Justice of the Supreme Court.
2362	(10)  When advised by the Revenue Estimating Conference,
2363	the Chief Financial Officer, or any agency responsible for a
2364	trust fund that a deficit will occur with respect to the
2365	appropriations from a specific trust fund in the current fiscal
2366	year, the Governor for the executive branch, or the Chief
2367	Justice for the judicial branch, shall develop a plan of action
2368	to eliminate the deficit. Before implementing the plan of
2369	action, the Governor or the Chief Justice must comply with the
2370	provisions of s. 216.177(2), and actions to resolve deficits in
2371	excess of $1 million must be approved by the Legislative Budget
2372	Commission. In developing the plan of action, the Governor or
2373	the Chief Justice shall, to the extent possible, preserve
2374	legislative policy and intent, and, absent any specific
2375	directions to the contrary in the General Appropriations Act,
2376	any reductions in appropriations from the trust fund for the
2377	fiscal year shall be prorated among the specific appropriations
2378	made from the trust fund for the current fiscal year.
2379	Section 33.  Subsection (2) of section 216.231, Florida
2380	Statutes, is amended to read:
2381	216.231  Release of certain classified appropriations.--
2382	(2)  The release of appropriated funds classified as
2383	"deficiency" shall be approved only when a General Revenue Fund
2384	appropriation for operations of a state agency or of the
2385	judicial branch is inadequate because the workload or cost of
2386	the operation exceeds that anticipated by the Legislature and a
2387	determination has been made by the Governor commission that the
2388	deficiency will result in an impairment of the activities of an
2389	agency or of the judicial branch to the extent that the agency
2390	is unable to carry out its program as provided by the
2391	Legislature in the general appropriations acts. These funds may
2392	not be used for creation of any new agency or program, for
2393	increases of salary, or for the construction or equipping of
2394	additional buildings.
2395	Section 34.  Subsections (3), (6), and (11) of section
2396	216.235, Florida Statutes, are amended to read:
2397	216.235  Innovation Investment Program.--
2398	(3)  For purposes of this section:
2399	(a)  "Agency" means an official, officer, commission,
2400	authority, council, committee, department, division, bureau,
2401	board, section, or other unit or entity of the executive branch.
2402	(b)  "Commission" means the Information Resource
2403	Commission.
2404	(b)(c)  "Committee" means the State Innovation Committee.
2405	(c)(d)  "Office" means the Office of Tourism, Trade, and
2406	Economic Development within the Executive Office of the
2407	Governor.
2408	(d)(e)  "Review board" means a nonpartisan board composed
2409	of private citizens and public employees who evaluate the
2410	projects and make funding recommendations to the committee.
2411	(6)  Any agency developing an innovative investment project
2412	proposal that involves information technology resources may
2413	consult with and seek technical assistance from the State
2414	Technology Office commission. The office shall consult with the
2415	State Technology Office commission for any project proposal that
2416	involves information resource technology. The State Technology
2417	Office commission is responsible for evaluating these projects
2418	and for advising the committee and review board of the technical
2419	feasibility and any transferable benefits of the proposed
2420	technology. In addition to the requirements of subsection (5),
2421	the agencies shall provide to the State Technology Office
2422	commission any information requested by the State Technology
2423	Office commission to aid in determining that the proposed
2424	technology is appropriate for the project's success.
2425	(11)  Funds appropriated for the Innovation Investment
2426	Program shall be distributed by the Executive Office of the
2427	Governor subject to notice, review, and objection procedures set
2428	forth in s. 216.177. The office may transfer funds from the
2429	annual appropriation as necessary to administer the program.
2430	Proposals considered but not funded by the Legislature as part
2431	of an agency legislative budget request or the Governor's budget
2432	recommendation are not eligible to receive funding under the
2433	Innovation Investment Program.
2434	Section 35.  Section 216.241, Florida Statutes, is amended
2435	to read:
2436	216.241  Initiation or commencement of new programs;
2437	approval; expenditure of certain revenues.--
2438	(1)  A state agency or the judicial branch may not initiate
2439	or commence any new program, including any new federal program
2440	or initiative, or make changes in its current programs, as
2441	provided for in the appropriations act, that require additional
2442	financing unless funds have been specifically appropriated by
2443	the Legislature or unless the Legislative Budget Commission or
2444	the Chief Justice of the Supreme Court expressly approves such
2445	new program or changes. The commission and the Chief Justice
2446	shall give notice as provided in s. 216.177 prior to approving
2447	such new program or changes.
2448	(2)  No Changes that which are inconsistent with the
2449	approved operating budget may not shall be made to existing
2450	programs unless such changes are recommended to the Legislative
2451	Budget Commission by the Governor or the Chief Justice and the
2452	Legislative Budget Commission expressly approves such program
2453	changes. The provisions of This subsection is are subject to the
2454	notice, review, and objection procedures set forth in s.
2455	216.177.
2456	(3)  Any revenues generated by any tax or fee imposed by
2457	amendment to the State Constitution after October 1, 1999, shall
2458	not be expended by any agency, as defined in s. 120.52(1),
2459	except pursuant to appropriation by the Legislature.
2460	Section 36.  Subsection (2) of section 216.251, Florida
2461	Statutes, is amended to read:
2462	216.251  Salary appropriations; limitations.--
2463	(2)(a)  The salary for each position not specifically
2464	indicated in the appropriations acts shall be as provided in one
2465	of the following subparagraphs:
2466	1.  Within the classification and pay plans provided for in
2467	chapter 110.
2468	2.  Within the classification and pay plans established by
2469	the Board of Trustees for the Florida School for the Deaf and
2470	the Blind of the Department of Education and approved by the
2471	State Board of Education for academic and academic
2472	administrative personnel.
2473	3.  Within the classification and pay plan approved and
2474	administered by the State Board of Education and the Board of
2475	Governors Board of Regents for those positions in the State
2476	University System.
2477	4.  Within the classification and pay plan approved by the
2478	President of the Senate and the Speaker of the House of
2479	Representatives, as the case may be, for employees of the
2480	Legislature.
2481	5.  Within the approved classification and pay plan for the
2482	judicial branch.
2483	6.  The salary of all positions not specifically included
2484	in this subsection shall be set by the commission or by the
2485	Chief Justice for the judicial branch.
2486	(b)  Salary payments shall be made only to employees
2487	filling established positions included in the agency's or in the
2488	judicial branch's approved budgets and amendments thereto as may
2489	be provided by law; provided, however:
2490	1.  Reclassification of established positions may be
2491	accomplished when justified in accordance with the established
2492	procedures for reclassifying positions; or
2493	2.  When the Division of Risk Management of the Department
2494	of Financial Services has determined that an employee is
2495	entitled to receive a temporary partial disability benefit or a
2496	temporary total disability benefit pursuant to the provisions of
2497	s. 440.15 and there is medical certification that the employee
2498	cannot perform the duties of the employee's regular position,
2499	but the employee can perform some type of work beneficial to the
2500	agency, the agency may return the employee to the payroll, at
2501	his or her regular rate of pay, to perform such duties as the
2502	employee is capable of performing, even if there is not an
2503	established position in which the employee can be placed.
2504	Nothing in this subparagraph shall abrogate an employee's rights
2505	under chapter 440 or chapter 447, nor shall it adversely affect
2506	the retirement credit of a member of the Florida Retirement
2507	System in the membership class he or she was in at the time of,
2508	and during, the member's disability.
2509	Section 37.  Paragraphs (a) and (c) of subsection (1) of
2510	section 216.262, Florida Statutes, are amended to read:
2511	216.262  Authorized positions.--
2512	(1)(a)  Unless otherwise expressly provided by law, the
2513	total number of authorized positions may not exceed the total
2514	provided in the appropriations acts. In the event any state
2515	agency or entity of the judicial branch finds that the number of
2516	positions so provided is not sufficient to administer its
2517	authorized programs, it may file an application with the
2518	Executive Office of the Governor or the Chief Justice; and, if
2519	the Executive Office of the Governor or Chief Justice certifies
2520	that there are no authorized positions available for addition,
2521	deletion, or transfer within the agency as provided in paragraph
2522	(c) and recommends an increase in the number of positions, the
2523	Governor or the Chief Justice may recommend, after a public
2524	hearing, authorize an increase in the number of positions for
2525	the following reasons only:
2526	1.  To implement or provide for continuing federal grants
2527	or changes in grants not previously anticipated.;
2528	2.  To meet emergencies pursuant to s. 252.36.;
2529	3.  To satisfy new federal regulations or changes therein.;
2530	4.  To take advantage of opportunities to reduce operating
2531	expenditures or to increase the revenues of the state or local
2532	government.; and
2533	5.  To authorize positions that which were not fixed by the
2534	Legislature through error in drafting the appropriations acts.
2535
2536	Actions recommended pursuant to The provisions of this paragraph
2537	are subject to approval by the Legislative Budget Commission.
2538	the notice and review procedures set forth in s. 216.177. A copy
2539	of the application, The certification, and the final
2540	authorization shall be provided to filed with the Legislative
2541	Budget Commission, the appropriations committees, and with the
2542	Auditor General.
2543	(c)1.  The Executive Office of the Governor, under such
2544	procedures and qualifications as it deems appropriate, shall,
2545	upon agency request, delegate to any state agency authority to
2546	add and delete authorized positions or transfer authorized
2547	positions from one budget entity to another budget entity within
2548	the same division, and may approve additions and deletions of
2549	authorized positions or transfers of authorized positions within
2550	the state agency when such changes would enable the agency to
2551	administer more effectively its authorized and approved
2552	programs. The additions or deletions must be consistent with the
2553	intent of the approved operating budget, must be consistent with
2554	legislative policy and intent, and must not conflict with
2555	specific spending policies specified in the General
2556	Appropriations Act.
2557	2.  The Chief Justice of the Supreme Court shall have the
2558	authority to establish procedures for the judicial branch to add
2559	and delete authorized positions or transfer authorized positions
2560	from one budget entity to another budget entity, and to add and
2561	delete authorized positions within the same budget entity, when
2562	such changes are consistent with legislative policy and intent
2563	and do not conflict with spending policies specified in the
2564	General Appropriations Act.
2565	3.a.  A state agency may be eligible to retain salary
2566	dollars for authorized positions eliminated after July 1, 2001.
2567	The agency must certify the eliminated positions to the
2568	Legislative Budgeting Commission.
2569	b.  The Legislative Budgeting Commission shall authorize
2570	the agency to retain 20 percent of the salary dollars associated
2571	with the eliminated positions and may authorize retention of a
2572	greater percentage. All such salary dollars shall be used for
2573	permanent salary increases.
2574	Section 38.  Section 216.292, Florida Statutes, is amended
2575	to read:
2576	(Substantial rewording of section. See
2577	s. 216.292, F.S., for present text.)
2578	216.292  Appropriations nontransferable; exceptions.--
2579	(1)(a)  Funds provided in the General Appropriations Act or
2580	as otherwise expressly provided by law shall be expended only
2581	for the purpose for which appropriated, except that such moneys
2582	may be transferred as provided in this section when it is
2583	determined to be in the best interest of the state.
2584	Appropriations for fixed capital outlay may not be expended for
2585	any other purpose. Appropriations may not be transferred between
2586	state agencies, or between a state agency and the judicial
2587	branch, unless specifically authorized by law.
2588	(b)1.  Authorized revisions of the original approved
2589	operating budget, together with related changes in the plan for
2590	release of appropriations, if any, shall be transmitted by the
2591	state agency or by the judicial branch to the Executive Office
2592	of the Governor or the Chief Justice, respectively, the chairs
2593	of the Senate and the House of Representatives appropriations
2594	committees, the Office of Program Policy Analysis and Government
2595	Accountability, and the Auditor General. Such authorized
2596	revisions shall be consistent with the intent of the approved
2597	operating budget, shall be consistent with legislative policy
2598	and intent, and may not conflict with specific spending policies
2599	specified in the General Appropriations Act.
2600	2.  Authorized revisions, together with related changes, if
2601	any, in the plan for release of appropriations shall be
2602	transmitted by the state agency or by the judicial branch to the
2603	Chief Financial Officer for entry in the Chief Financial
2604	Officer's records in the manner and format prescribed by the
2605	Executive Office of the Governor in consultation with the Chief
2606	Financial Officer.
2607	3.  The Executive Office of the Governor or the Chief
2608	Justice shall forward a copy of the revisions within 7 working
2609	days to the Chief Financial Officer for entry in his or her
2610	records in the manner and format prescribed by the Executive
2611	Office of the Governor in consultation with the Chief Financial
2612	Officer.
2613	(2)  The following transfers are authorized to be made by
2614	the head of each department or the Chief Justice of the Supreme
2615	Court whenever it is deemed necessary by reason of changed
2616	conditions:
2617	(a)  The transfer of appropriations funded from identical
2618	funding sources, except appropriations for fixed capital outlay,
2619	and the transfer of amounts included within the total original
2620	approved budget and plans of releases of appropriations as
2621	furnished pursuant to ss. 216.181 and 216.192, as follows:
2622	1.  Between categories of appropriations within a budget
2623	entity, if no category of appropriation is increased or
2624	decreased by more than 5 percent of the original approved budget
2625	or $250,000, whichever is greater, by all action taken under
2626	this subsection.
2627	2.  Between budget entities within identical categories of
2628	appropriations, if no category of appropriation is increased or
2629	decreased by more than 5 percent of the original approved budget
2630	or $250,000, whichever is greater, by all action taken under
2631	this subsection.
2632	3.  Any agency exceeding salary rate established pursuant
2633	to s. 216.181(8) on June 30th of any fiscal year shall not be
2634	authorized to make transfers pursuant to subparagraphs 1. and 2.
2635	in the subsequent fiscal year.
2636	4.  Notice of proposed transfers under subparagraphs 1. and
2637	2. shall be provided to the Executive Office of the Governor and
2638	the chairs of the legislative appropriations committees at least
2639	3 days prior to agency implementation in order to provide an
2640	opportunity for review. The review shall be limited to ensuring
2641	that the transfer is in compliance with the requirements of this
2642	paragraph.
2643	(b)  After providing notice at least 5 working days prior
2644	to implementation:
2645	1.  The transfer of funds within programs identified in the
2646	General Appropriations Act from identical funding sources
2647	between the following appropriation categories without
2648	limitation so long as such a transfer does not result in an
2649	increase, to the total recurring general revenue or trust fund
2650	cost of the agency or entity of the judicial branch in the
2651	subsequent fiscal year: other personal services, expenses,
2652	operating capital outlay, food products, state attorney and
2653	public defender operations, data processing services, operating
2654	and maintenance of patrol vehicles, overtime payments, salary
2655	incentive payments, compensation to retired judges, law
2656	libraries, and juror and witness payments.
2657	2.  The transfer of funds and positions from identical
2658	funding sources between salaries and benefits appropriation
2659	categories within programs identified in the General
2660	Appropriations Act. Such transfers must be consistent with
2661	legislative policy and intent and may not adversely affect
2662	achievement of approved performance outcomes or outputs in any
2663	program.
2664	(c)  The transfer of funds appropriated to accounts
2665	established for disbursement purposes upon release of such
2666	appropriation upon request of a department and approval by the
2667	Chief Financial Officer. Such transfer may only be made to the
2668	same appropriation category and the same funding source from
2669	which the funds are transferred.
2670	(d)  The transfer of funds by the Executive Office of the
2671	Governor from appropriations for public school operations to a
2672	fixed capital outlay appropriation for class size reduction
2673	based on recommendations of the Florida Education Finance
2674	Program Appropriation Allocation Conference or the Legislative
2675	Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
2676	Governor under this subsection are subject to the notice and
2677	review provisions of s. 216.177.
2678	(3)  The following transfers are authorized with the
2679	approval of the Executive Office of the Governor for the
2680	executive branch or the Chief Justice for the judicial branch,
2681	subject to the notice and review provisions of s. 216.177:
2682	(a)  The transfer of appropriations for operations from
2683	trust funds in excess of those provided in subsection (2), up to
2684	$1 million.
2685	(b)  The transfer of positions between budget entities.
2686	(4)  The following transfers are authorized with the
2687	approval of the Legislative Budget Commission. Unless waived by
2688	the chair and vice chair of the commission, notice of such
2689	transfers must be provided 14 days before the commission
2690	meeting:
2691	(a)  The transfer of appropriations for operations from the
2692	General Revenue Fund in excess of those provided in this section
2693	but within a state agency or within the judicial branch, as
2694	recommended by the Executive Office of the Governor or the Chief
2695	Justice of the Supreme Court.
2696	(b)  The transfer of appropriations for operations from
2697	trust funds in excess of those provided in this section that
2698	exceed the greater of 5 percent of the original approved budget
2699	or $1 million, as recommended by the Executive Office of the
2700	Governor or the Chief Justice of the Supreme Court.
2701	(c)  The transfer of the portion of an appropriation for a
2702	named fixed capital outlay project found to be in excess of that
2703	needed to complete the project to another project for which
2704	there has been an appropriation in the same fiscal year from the
2705	same fund and within the same department where a deficiency is
2706	found to exist, at the request of the Executive Office of the
2707	Governor for state agencies or the Chief Justice of the Supreme
2708	Court for the judicial branch. The scope of a fixed capital
2709	outlay project may not be changed by any transfer of funds made
2710	pursuant to this subsection.
2711	(d)  The transfers necessary to accomplish the purposes of
2712	reorganization within state agencies or the judicial branch
2713	authorized by the Legislature when the necessary adjustments of
2714	appropriations and positions have not been provided in the
2715	General Appropriations Act.
2716	(5)  A transfer of funds may not result in the initiation
2717	of a fixed capital outlay project that has not received a
2718	specific legislative appropriation, except that federal funds
2719	for fixed capital outlay projects for the Department of Military
2720	Affairs, which do not carry a continuing commitment on future
2721	appropriations by the Legislature, may be approved by the
2722	Executive Office of the Governor for the purpose received,
2723	subject to the notice, review, and objection procedures set
2724	forth in s. 216.177.
2725	(6)  The Chief Financial Officer shall transfer from any
2726	available funds of an agency or the judicial branch the
2727	following amounts and shall report all such transfers and the
2728	reasons therefor to the legislative appropriations committees
2729	and the Executive Office of the Governor:
2730	(a)  The amount due to the Unemployment Compensation Trust
2731	Fund which is more than 90 days delinquent on reimbursements due
2732	to the Unemployment Compensation Trust Fund. The amount
2733	transferred shall be that certified by the state agency
2734	providing unemployment tax collection services under contract
2735	with the Agency for Workforce Innovation through an interagency
2736	agreement pursuant to s. 443.1316.
2737	(b)  The amount due to the Division of Risk Management
2738	which is more than 90 days delinquent in payment to the Division
2739	of Risk Management of the Department of Financial Services for
2740	insurance coverage. The amount transferred shall be that
2741	certified by the division.
2742	(c)  The amount due to the Communications Working Capital
2743	Trust Fund from moneys appropriated in the General
2744	Appropriations Act for the purpose of paying for services
2745	provided by the state communications system in the Department of
2746	Management Services which is unpaid 45 days after the billing
2747	date. The amount transferred shall be that billed by the
2748	department.
2749	Section 39.  Section 216.301, Florida Statutes, is amended
2750	to read:
2751	216.301  Appropriations; undisbursed balances.--
2752	(1)(a)  Any balance of any appropriation, except an
2753	appropriation for fixed capital outlay, which is not disbursed
2754	but which is expended or contracted to be expended shall, at the
2755	end of each fiscal year, be certified by the head of the
2756	affected state agency or the judicial or legislative branches,
2757	on or before August 1 of each year, to the Executive Office of
2758	the Governor, showing in detail the obligees to whom obligated
2759	and the amounts of such obligations. On or before September 1 of
2760	each year, the Executive Office of the Governor shall review and
2761	approve or disapprove, consistent with legislative policy and
2762	intent, any or all of the items and amounts certified by the
2763	head of the affected state agency and shall approve all items
2764	and amounts certified by the Chief Justice of the Supreme Court
2765	for the judicial branch and by the legislative branch and shall
2766	furnish the Chief Financial Officer, the legislative
2767	appropriations committees, and the Auditor General a detailed
2768	listing of the items and amounts approved as legal encumbrances
2769	against the undisbursed balance of such appropriation. The
2770	review shall assure that trust funds have been fully maximized.
2771	Any such encumbered balance remaining undisbursed on December 31
2772	of the same calendar year in which such certification was made
2773	shall revert to the fund from which appropriated, except as
2774	provided in subsection (3), and shall be available for
2775	reappropriation by the Legislature. In the event such
2776	certification is not made and an obligation is proven to be
2777	legal, due, and unpaid, then the obligation shall be paid and
2778	charged to the appropriation for the current fiscal year of the
2779	state agency or the legislative or judicial branch affected.
2780	(b)  Any balance of any appropriation, except an
2781	appropriation for fixed capital outlay, for any given fiscal
2782	year remaining after charging against it any lawful expenditure
2783	shall revert to the fund from which appropriated and shall be
2784	available for reappropriation by the Legislature.
2785	(c)  Each department and the judicial branch shall maintain
2786	the integrity of the General Revenue Fund. Appropriations from
2787	the General Revenue Fund contained in the original approved
2788	budget may be transferred to the proper trust fund for
2789	disbursement. Any reversion of appropriation balances from
2790	programs which receive funding from the General Revenue Fund and
2791	trust funds shall be transferred to the General Revenue Fund
2792	within 15 days after such reversion, unless otherwise provided
2793	by federal or state law, including the General Appropriations
2794	Act. The Executive Office of the Governor or the Chief Justice
2795	of the Supreme Court shall determine the state agency or
2796	judicial branch programs which are subject to this paragraph.
2797	This determination shall be subject to the legislative
2798	consultation and objection process in this chapter. The
2799	Education Enhancement Trust Fund shall not be subject to the
2800	provisions of this section.
2801	(2)(a)  The balance of any appropriation for fixed capital
2802	outlay which is not disbursed but expended, contracted, or
2803	committed to be expended prior to February 1 of the second
2804	fiscal year of the appropriation, or the third fiscal year if it
2805	is for an educational facility as defined in chapter 1013 or for
2806	a construction project of a state university, shall be certified
2807	by the head of the affected state agency or the legislative or
2808	judicial branch on February 1 to the Executive Office of the
2809	Governor, showing in detail the commitment or to whom obligated
2810	and the amount of the commitment or obligation. The Executive
2811	Office of the Governor for the executive branch and the Chief
2812	Justice for the judicial branch shall review and approve or
2813	disapprove, consistent with criteria jointly developed by the
2814	Executive Office of the Governor and the legislative
2815	appropriations committees, the continuation of such unexpended
2816	balances. The Executive Office of the Governor shall, no later
2817	than February 20 of each year, furnish the Chief Financial
2818	Officer, the legislative appropriations committees, and the
2819	Auditor General a report listing in detail the items and amounts
2820	reverting under the authority of this subsection, including the
2821	fund to which reverted and the agency affected.
2822	(b)  The certification required in this subsection shall be
2823	in the form and on the date approved by the Executive Office of
2824	the Governor. Any balance that is not certified shall revert to
2825	the fund from which it was appropriated and be available for
2826	reappropriation.
2827	(c)  The balance of any appropriation for fixed capital
2828	outlay certified forward under paragraph (a) which is not
2829	disbursed but expended, contracted, or committed to be expended
2830	prior to the end of the second fiscal year of the appropriation,
2831	or the third fiscal year if it is for an educational facility as
2832	defined in chapter 1013 or for a construction project of a state
2833	university, and any subsequent fiscal year, shall be certified
2834	by the head of the affected state agency or the legislative or
2835	judicial branch on or before August 1 of each year to the
2836	Executive Office of the Governor, showing in detail the
2837	commitment or to whom obligated and the amount of such
2838	commitment or obligation. On or before September 1 of each year,
2839	the Executive Office of the Governor shall review and approve or
2840	disapprove, consistent with legislative policy and intent, any
2841	or all of the items and amounts certified by the head of the
2842	affected state agency and shall approve all items and amounts
2843	certified by the Chief Justice of the Supreme Court and by the
2844	legislative branch and shall furnish the Chief Financial
2845	Officer, the legislative appropriations committees, and the
2846	Auditor General a detailed listing of the items and amounts
2847	approved as legal encumbrances against the undisbursed balances
2848	of such appropriations. If such certification is not made and
2849	the balance of the appropriation has reverted and the obligation
2850	is proven to be legal, due, and unpaid, the obligation shall be
2851	presented to the Legislature for its consideration.
2852	(3)  The President of the Senate and the Speaker of the
2853	House of Representatives may notify the Executive Office of the
2854	Governor to retain certified-forward balances from legislative
2855	budget entities until June 30 of the following fiscal year.
2856	(2)(a)  Any balance of any appropriation for fixed capital
2857	outlay not disbursed but expended or contracted or committed to
2858	be expended shall, at the end of each fiscal year, be certified
2859	by the head of the affected state agency or the legislative or
2860	judicial branch, on or before August 1 of each year, to the
2861	Executive Office of the Governor, showing in detail the
2862	commitment or to whom obligated and the amount of such
2863	commitment or obligation. On or before September 1 of each year,
2864	the Executive Office of the Governor shall review and approve or
2865	disapprove, consistent with legislative policy and intent, any
2866	or all of the items and amounts certified by the head of the
2867	affected state agency and shall approve all items and amounts
2868	certified by the Chief Justice of the Supreme Court and by the
2869	legislative branch and shall furnish the Chief Financial
2870	Officer, the legislative appropriations committees, and the
2871	Auditor General a detailed listing of the items and amounts
2872	approved as legal encumbrances against the undisbursed balances
2873	of such appropriations. In the event such certification is not
2874	made and the balance of the appropriation has reverted and the
2875	obligation is proven to be legal, due, and unpaid, then the same
2876	shall be presented to the Legislature for its consideration.
2877	(b)  Such certification as herein required shall be in the
2878	form and on the date approved by the Executive Office of the
2879	Governor. Any balance not so certified shall revert to the fund
2880	from which appropriated and shall be available for
2881	reappropriation.
2882	(3)  Notwithstanding the provisions of subsection (2), the
2883	unexpended balance of any appropriation for fixed capital outlay
2884	subject to but not under the terms of a binding contract or a
2885	general construction contract prior to February 1 of the second
2886	fiscal year, or the third fiscal year if it is for an
2887	educational facility as defined in chapter 1013 or a
2888	construction project of a state university, of the appropriation
2889	shall revert on February 1 of such year to the fund from which
2890	appropriated and shall be available for reappropriation. The
2891	Executive Office of the Governor shall, not later than February
2892	20 of each year, furnish the Chief Financial Officer, the
2893	legislative appropriations committees, and the Auditor General a
2894	report listing in detail the items and amounts reverting under
2895	the authority of this subsection, including the fund to which
2896	reverted and the agency affected.
2897	Section 40.  Effective July 1, 2006, subsection (1) of
2898	section 216.301, Florida Statutes, as amended by this act, is
2899	amended to read:
2900	216.301  Appropriations; undisbursed balances.--
2901	(1)(a)  Any balance of any appropriation, except an
2902	appropriation for fixed capital outlay, which is not disbursed
2903	but which is expended or contracted to be expended shall, at the
2904	end of each fiscal year, be certified by the head of the
2905	affected state agency or the judicial or legislative branches,
2906	on or before August 1 of each year, to the Executive Office of
2907	the Governor, showing in detail the obligees to whom obligated
2908	and the amounts of such obligations. On or before September 1 of
2909	each year, the Executive Office of the Governor shall review and
2910	approve or disapprove, consistent with legislative policy and
2911	intent, any or all of the items and amounts certified by the
2912	head of the affected state agency and shall approve all items
2913	and amounts certified by the Chief Justice of the Supreme Court
2914	for the judicial branch and by the legislative branch and shall
2915	furnish the Chief Financial Officer, the legislative
2916	appropriations committees, and the Auditor General a detailed
2917	listing of the items and amounts approved as legal encumbrances
2918	against the undisbursed balance of such appropriation. The
2919	review shall assure that trust funds have been fully maximized.
2920	Any such encumbered balance remaining undisbursed on September
2921	30 December 31 of the same calendar year in which such
2922	certification was made shall revert to the fund from which
2923	appropriated, except as provided in subsection (3), and shall be
2924	available for reappropriation by the Legislature. In the event
2925	such certification is not made and an obligation is proven to be
2926	legal, due, and unpaid, then the obligation shall be paid and
2927	charged to the appropriation for the current fiscal year of the
2928	state agency or the legislative or judicial branch affected.
2929	(b)  Any balance of any appropriation, except an
2930	appropriation for fixed capital outlay, for any given fiscal
2931	year remaining after charging against it any lawful expenditure
2932	shall revert to the fund from which appropriated and shall be
2933	available for reappropriation by the Legislature.
2934	(c)  Each department and the judicial branch shall maintain
2935	the integrity of the General Revenue Fund. Appropriations from
2936	the General Revenue Fund contained in the original approved
2937	budget may be transferred to the proper trust fund for
2938	disbursement. Any reversion of appropriation balances from
2939	programs which receive funding from the General Revenue Fund and
2940	trust funds shall be transferred to the General Revenue Fund
2941	within 15 days after such reversion, unless otherwise provided
2942	by federal or state law, including the General Appropriations
2943	Act. The Executive Office of the Governor or the Chief Justice
2944	of the Supreme Court shall determine the state agency or
2945	judicial branch programs which are subject to this paragraph.
2946	This determination shall be subject to the legislative
2947	consultation and objection process in this chapter. The
2948	Education Enhancement Trust Fund shall not be subject to the
2949	provisions of this section.
2950	Section 41.  Subsection (3) of section 218.60, Florida
2951	Statutes, is amended to read:
2952	218.60  Definitions.--
2953	(3)  All estimates of moneys provided pursuant to this part
2954	utilized by participating units of local government in the first
2955	year of participation shall be equal to 95 percent of those
2956	projections made by the revenue estimating conference and
2957	provided to local governments by the Office of Economic and
2958	Demographic Research, in consultation with the Department of
2959	Revenue.
2960	Section 42.  Subsection (2) of section 252.37, Florida
2961	Statutes, is amended to read:
2962	252.37  Financing.--
2963	(2)  It is the legislative intent that the first recourse
2964	be made to funds regularly appropriated to state and local
2965	agencies. If the Governor finds that the demands placed upon
2966	these funds in coping with a particular disaster declared by the
2967	Governor as a state of emergency are unreasonably great, she or
2968	he may make funds available by transferring and expending moneys
2969	appropriated for other purposes, by transferring and expending
2970	moneys out of any unappropriated surplus funds, or from the
2971	Budget Stabilization Fund or Working Capital Fund. Following the
2972	expiration or termination of the state of emergency, the
2973	Governor may process a budget amendment under the notice and
2974	review procedures set forth in s. 216.177 to transfer moneys to
2975	satisfy the budget authority granted for such emergency.
2976	Section 43.  Subsection (3) of section 265.55, Florida
2977	Statutes, is amended to read:
2978	265.55  Claims.--
2979	(3)  The authorization for payment delineated in subsection
2980	(2) shall be forwarded to the Chief Financial Officer. The Chief
2981	Financial Officer shall take appropriate action to execute
2982	authorized payment of the claim from unobligated, unappropriated
2983	moneys in the General Revenue Working Capital Fund, as defined
2984	in s. 215.32.
2985	Section 44.  Subsection (5) of section 288.7091, Florida
2986	Statutes, is amended to read:
2987	288.7091  Duties of the Florida Black Business Investment
2988	Board, Inc.--The Florida Black Business Investment Board, Inc.,
2989	shall:
2990	(5)  Include in the criteria for loan decisions,
2991	occupational forecasting results set forth in s. 216.136(7)(9)
2992	which target high growth jobs;
2993	Section 45.  Subsection (5) of section 320.20, Florida
2994	Statutes, is amended to read:
2995	320.20  Disposition of license tax moneys.--The revenue
2996	derived from the registration of motor vehicles, including any
2997	delinquent fees and excluding those revenues collected and
2998	distributed under the provisions of s. 320.081, must be
2999	distributed monthly, as collected, as follows:
3000	(5)(a)  Except as provided in paragraph (c), the remainder
3001	of such revenues must be deposited in the State Transportation
3002	Trust Fund.
3003	(b)  The Chief Financial Officer each month shall deposit
3004	in the State Transportation Trust Fund an amount, drawn from
3005	other funds in the State Treasury which are not immediately
3006	needed or are otherwise in excess of the amount necessary to
3007	meet the requirements of the State Treasury, which when added to
3008	such remaining revenues each month will equal one-twelfth of the
3009	amount of the anticipated annual revenues to be deposited in the
3010	State Transportation Trust Fund under paragraph (a) as
3011	determined by the Chief Financial Officer after consultation
3012	with the estimated by the most recent revenue estimating
3013	conference held pursuant to s. 216.136(3). The transfers
3014	required hereunder may be suspended by action of the Legislative
3015	Budget Commission in the event of a significant shortfall of
3016	state revenues.
3017	(c)  In any month in which the remaining revenues derived
3018	from the registration of motor vehicles exceed one-twelfth of
3019	those anticipated annual remaining revenues as determined by the
3020	Chief Financial Officer after consultation with the revenue
3021	estimating conference, the excess shall be credited to those
3022	state funds in the State Treasury from which the amount was
3023	originally drawn, up to the amount which was deposited in the
3024	State Transportation Trust Fund under paragraph (b). A final
3025	adjustment must be made in the last months of a fiscal year so
3026	that the total revenue deposited in the State Transportation
3027	Trust Fund each year equals the amount derived from the
3028	registration of motor vehicles, less the amount distributed
3029	under subsection (1). For the purposes of this paragraph and
3030	paragraph (b), the term "remaining revenues" means all revenues
3031	deposited into the State Transportation Trust Fund under
3032	paragraph (a) and subsections (2) and (3). In order that
3033	interest earnings continue to accrue to the General Revenue
3034	Fund, the Department of Transportation may not invest an amount
3035	equal to the cumulative amount of funds deposited in the State
3036	Transportation Trust Fund under paragraph (b) less funds
3037	credited under this paragraph as computed on a monthly basis.
3038	The amounts to be credited under this and the preceding
3039	paragraph must be calculated and certified to the Chief
3040	Financial Officer by the Executive Office of the Governor.
3041	Section 46.  Section 337.023, Florida Statutes, is amended
3042	to read:
3043	337.023  Sale of building; acceptance of replacement
3044	building.--Notwithstanding the provisions of s.
3045	216.292(2)(b)2.(4)(b), if the department sells a building, the
3046	department may accept the construction of a replacement
3047	building, in response to a request for proposals, totally or
3048	partially in lieu of cash, and may do so without a specific
3049	legislative appropriation. Such action is subject to the
3050	approval of the Executive Office of the Governor, and is subject
3051	to the notice, review, and objection procedures under s.
3052	216.177. The replacement building shall be consistent with the
3053	current and projected needs of the department as agreed upon by
3054	the department and the Department of Management Services.
3055	Section 47.  Paragraph (a) of subsection (2), paragraphs
3056	(c) and (f) of subsection (6), and subsection (7) of section
3057	339.135, Florida Statutes, are amended to read:
3058	339.135  Work program; legislative budget request;
3059	definitions; preparation, adoption, execution, and amendment.--
3060	(2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
3061	FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--
3062	(a)  The department shall file the legislative budget
3063	request in the manner required by chapter 216, setting forth the
3064	department's proposed revenues and expenditures for operational
3065	and fixed capital outlay needs to accomplish the objectives of
3066	the department in the ensuing fiscal year. The right-of-way,
3067	construction, preliminary engineering, maintenance, and all
3068	grants and aids programs of the department shall be set forth
3069	only in program totals. The legislative budget request must
3070	include a balanced 36-month forecast of cash and expenditures
3071	and a 5-year finance plan. The legislative budget request shall
3072	be amended to conform to the tentative work program. Prior to
3073	the submission of the tentative work program pursuant to s.
3074	339.135(4)(f), the department may amend its legislative budget
3075	request and the tentative work program for based on the most
3076	recent estimating conference estimate of revenues and the most
3077	recent federal aid apportionments.
3078	(6)  EXECUTION OF THE BUDGET.--
3079	(c)  Notwithstanding the provisions of ss. 216.301(2)(3)
3080	and 216.351, any unexpended balance remaining at the end of the
3081	fiscal year in the appropriations to the department for special
3082	categories; aid to local governments; lump sums for project
3083	phases which are part of the adopted work program, and for which
3084	contracts have been executed or bids have been let; and for
3085	right-of-way land acquisition and relocation assistance for
3086	parcels from project phases in the adopted work program for
3087	which appraisals have been completed and approved, may be
3088	certified forward as fixed capital outlay at the end of each
3089	fiscal year, to be certified by the head of the state agency on
3090	or before August 1 of each year to the Executive Office of the
3091	Governor, showing in detail the commitment or to whom obligated
3092	and the amount of such commitment or obligation. On or before
3093	September 1 of each year, the Executive Office of the Governor
3094	shall review and approve or disapprove, consistent with
3095	legislative policy and intent, any or all of the items and
3096	amounts certified by the head of the state agency and shall
3097	furnish the Chief Financial Officer, the legislative
3098	appropriations committees, and the Auditor General a detailed
3099	listing of the items and amounts approved as legal encumbrances
3100	against the undisbursed balances of such appropriations. In the
3101	event such certification is not made and the balance of the
3102	appropriation has reverted and the obligation is proven to be
3103	legal, due, and unpaid, then the same shall be presented to the
3104	Legislature for its consideration. Such certification as herein
3105	required shall be in the form and on the date approved by the
3106	Executive Office of the Governor under the provisions of s.
3107	216.301(2)(a). Any project phases in the adopted work program
3108	not certified forward under the provisions of s. 216.301(2)(a)
3109	shall be available for roll forward for the next fiscal year of
3110	the adopted work program. Spending authority associated with
3111	such project phases may be rolled forward to the next fiscal
3112	year upon approval by the Legislative Budget Commission pursuant
3113	to paragraph (f). Increases in spending authority shall be
3114	limited to amounts of unexpended balances by appropriation
3115	category. Any project phase certified forward for which bids
3116	have been let but subsequently rejected shall be available for
3117	roll forward in the adopted work program for the next fiscal
3118	year. Spending authority associated with such project phases may
3119	be rolled forward into the current year from funds certified
3120	forward pursuant to paragraph (f). The amount certified forward
3121	may include contingency allowances for right-of-way acquisition
3122	and relocation, asphalt and petroleum product escalation
3123	clauses, and contract overages, which allowances shall be
3124	separately identified in the certification detail. Right-of-way
3125	acquisition and relocation and contract overages contingency
3126	allowances shall be based on documented historical patterns.
3127	These contingency amounts shall be incorporated in the
3128	certification for each specific category, but when a category
3129	has an excess and another category has a deficiency, the
3130	Executive Office of the Governor is authorized to transfer the
3131	excess to the deficient account.
3132	(f)  Notwithstanding the provisions of ss. 216.181(1),
3133	216.292, and 216.351, the Executive Office of the Governor may
3134	amend that portion of the department's original approved fixed
3135	capital outlay budget which comprises the work program pursuant
3136	to subsection (7). Increase in spending authority in paragraph
3137	(c) shall be limited to amounts of unexpended balances by
3138	appropriation category.
3139	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
3140	(a)  Notwithstanding the provisions of ss. 216.181(1),
3141	216.292, and 216.351, the adopted work program may be amended
3142	only pursuant to the provisions of this subsection.
3143	(b)  The department may not transfer any funds for any
3144	project or project phase between department districts. However,
3145	a district secretary may agree to a loan of funds to another
3146	district, if:
3147	1.  The funds are used solely to maximize the use or amount
3148	of funds available to the state;
3149	2.  The loan agreement is executed in writing and is signed
3150	by the district secretaries of the respective districts;
3151	3.  Repayment of the loan is to be made within 3 years
3152	after the date on which the agreement was entered into; and
3153	4.  The adopted work program of the district loaning the
3154	funds would not be substantially impaired if the loan were made,
3155	according to the district secretary.
3156
3157	The loan constitutes an amendment to the adopted work program
3158	and is subject to the procedures specified in paragraph (b) (c).
3159	(c)  The department may amend the adopted work program to
3160	transfer fixed capital outlay appropriations for projects within
3161	the same appropriations category or between appropriations
3162	categories, including department, except that the following
3163	amendments which shall be subject to the procedures in paragraph
3164	(d):
3165	1.  Any amendment which deletes any project or project
3166	phase;
3167	2.  Any amendment which adds a project estimated to cost
3168	over $150,000 in funds appropriated by the Legislature;
3169	3.  Any amendment which advances or defers to another
3170	fiscal year, a right-of-way phase, a construction phase, or a
3171	public transportation project phase estimated to cost over
3172	$500,000 in funds appropriated by the Legislature, except an
3173	amendment advancing or deferring a phase for a period of 90 days
3174	or less; or
3175	4.  Any amendment which advances or defers to another
3176	fiscal year, any preliminary engineering phase or design phase
3177	estimated to cost over $150,000 in funds appropriated by the
3178	Legislature, except an amendment advancing or deferring a phase
3179	for a period of 90 days or less.
3180	(d)1.  Whenever the department proposes any amendment to
3181	the adopted work program, which amendment is defined in
3182	subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
3183	subparagraph (c)4., it shall submit the proposed amendment to
3184	the Governor for approval and shall immediately notify the
3185	chairs of the legislative appropriations committees, the chairs
3186	of the legislative transportation committees, each member of the
3187	Legislature who represents a district affected by the proposed
3188	amendment, each metropolitan planning organization affected by
3189	the proposed amendment, and each unit of local government
3190	affected by the proposed amendment. Such proposed amendment
3191	shall provide a complete justification of the need for the
3192	proposed amendment.
3193	2.  The Governor shall not approve a proposed amendment
3194	until 14 days following the notification required in
3195	subparagraph 1.
3196	3.  If either of the chairs of the legislative
3197	appropriations committees or the President of the Senate or the
3198	Speaker of the House of Representatives objects in writing to a
3199	proposed amendment within 14 days following notification and
3200	specifies the reasons for such objection, the Governor shall
3201	disapprove the proposed amendment or shall submit the proposed
3202	amendment to the Administration Commission. The proposed
3203	amendment may be approved by the Administration Commission by a
3204	two-thirds vote of the members present with the Governor voting
3205	in the affirmative. In the absence of approval by the
3206	commission, the proposed amendment shall be automatically
3207	disapproved.
3208	(e)  Notwithstanding the requirements in paragraphs
3209	paragraph (d) and (g) and ss. 216.177(2) and 216.351, the
3210	secretary may request the Executive Office of the Governor to
3211	amend the adopted work program when an emergency exists, as
3212	defined in s. 252.34(3), and the emergency relates to the repair
3213	or rehabilitation of any state transportation facility. The
3214	Executive Office of the Governor may approve the amendment to
3215	the adopted work program and amend that portion of the
3216	department's approved budget in the event that the delay
3217	incident to the notification requirements in paragraph (d) would
3218	be detrimental to the interests of the state. However, the
3219	department shall immediately notify the parties specified in
3220	paragraph (d) and shall provide such parties written
3221	justification for the emergency action within 7 days of the
3222	approval by the Executive Office of the Governor of the
3223	amendment to the adopted work program and the department's
3224	budget. In no event may the adopted work program be amended
3225	under the provisions of this subsection without the
3226	certification by the comptroller of the department that there
3227	are sufficient funds available pursuant to the 36-month cash
3228	forecast and applicable statutes.
3229	(f)  The department may authorize the investment of the
3230	earnings accrued and collected upon the investment of the
3231	minimum balance of funds required to be maintained in the State
3232	Transportation Trust Fund pursuant to paragraph (b). Such
3233	investment shall be limited as provided in s. 288.9607(7).
3234	(g)  Any work program amendment which also requires the
3235	transfer of fixed capital outlay appropriations between
3236	categories within the department or the increase of an
3237	appropriation category is subject to the approval of the
3238	Legislative Budget Commission. If a meeting of the Legislative
3239	Budget Commission cannot be held within 30 days of the
3240	department submitting an amendment to the Legislative Budget
3241	Commission, then the chair and vice chair of the Legislative
3242	Budget Commission may authorize such amendment to be approved
3243	pursuant to the provisions of s. 216.177.
3244	Section 48.  Subsection (2) of section 373.6065, Florida
3245	Statutes, is amended to read:
3246	373.6065  Adoption benefits for water management district
3247	employees.--
3248	(2)  The Chief Financial Officer and the Department of
3249	Management Services shall transfer funds to water management
3250	districts to pay eligible water management district employees
3251	for these child adoption monetary benefits in accordance with s.
3252	215.32(2)(c)5.(1)(c)5., as long as funds remain available for
3253	the program described under s. 110.152.
3254	Section 49.  Subsection (3) of section 381.0303, Florida
3255	Statutes, is amended to read:
3256	381.0303  Health practitioner recruitment for special needs
3257	shelters.--
3258	(3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The
3259	Department of Health shall reimburse, subject to the
3260	availability of funds for this purpose, health care
3261	practitioners, as defined in s. 456.001, provided the
3262	practitioner is not providing care to a patient under an
3263	existing contract, and emergency medical technicians and
3264	paramedics licensed pursuant to chapter 401 for medical care
3265	provided at the request of the department in special needs
3266	shelters or at other locations during times of emergency or
3267	major disaster. Reimbursement for health care practitioners,
3268	except for physicians licensed pursuant to chapter 458 or
3269	chapter 459, shall be based on the average hourly rate that such
3270	practitioners were paid according to the most recent survey of
3271	Florida hospitals conducted by the Florida Hospital Association.
3272	Reimbursement shall be requested on forms prepared by the
3273	Department of Health. If a Presidential Disaster Declaration has
3274	been made, and the Federal Government makes funds available, the
3275	department shall use such funds for reimbursement of eligible
3276	expenditures. In other situations, or if federal funds do not
3277	fully compensate the department for reimbursement made pursuant
3278	to this section, the department shall process submit to the
3279	Cabinet or Legislature, as appropriate, a budget amendment to
3280	obtain reimbursement from unobligated, unappropriated moneys in
3281	the General Revenue working capital Fund. Travel expense and per
3282	diem costs shall be reimbursed pursuant to s. 112.061.
3283	Section 50.  Subsection (3) of section 392.69, Florida
3284	Statutes, is amended to read:
3285	392.69  Appropriation, sinking, and maintenance trust
3286	funds; additional powers of the department.--
3287	(3)  In the execution of its public health program
3288	functions, notwithstanding s. 216.292(2)(b)2.(4)(b), the
3289	department is hereby authorized to use any sums of money which
3290	it may heretofore have saved or which it may hereafter save from
3291	its regular operating appropriation, or use any sums of money
3292	acquired by gift or grant, or any sums of money it may acquire
3293	by the issuance of revenue certificates of the hospital to match
3294	or supplement any state or federal funds, or any moneys received
3295	by said department by gift or otherwise, for the construction or
3296	maintenance of additional facilities or improvement to existing
3297	facilities, as the department deems necessary.
3298	Section 51.  Subsection (5) of section 409.906, Florida
3299	Statutes, is amended to read:
3300	409.906  Optional Medicaid services.--Subject to specific
3301	appropriations, the agency may make payments for services which
3302	are optional to the state under Title XIX of the Social Security
3303	Act and are furnished by Medicaid providers to recipients who
3304	are determined to be eligible on the dates on which the services
3305	were provided. Any optional service that is provided shall be
3306	provided only when medically necessary and in accordance with
3307	state and federal law. Optional services rendered by providers
3308	in mobile units to Medicaid recipients may be restricted or
3309	prohibited by the agency. Nothing in this section shall be
3310	construed to prevent or limit the agency from adjusting fees,
3311	reimbursement rates, lengths of stay, number of visits, or
3312	number of services, or making any other adjustments necessary to
3313	comply with the availability of moneys and any limitations or
3314	directions provided for in the General Appropriations Act or
3315	chapter 216. If necessary to safeguard the state's systems of
3316	providing services to elderly and disabled persons and subject
3317	to the notice and review provisions of s. 216.177, the Governor
3318	may direct the Agency for Health Care Administration to amend
3319	the Medicaid state plan to delete the optional Medicaid service
3320	known as "Intermediate Care Facilities for the Developmentally
3321	Disabled." Optional services may include:
3322	(5)  CASE MANAGEMENT SERVICES.--The agency may pay for
3323	primary care case management services rendered to a recipient
3324	pursuant to a federally approved waiver, and targeted case
3325	management services for specific groups of targeted recipients,
3326	for which funding has been provided and which are rendered
3327	pursuant to federal guidelines. The agency is authorized to
3328	limit reimbursement for targeted case management services in
3329	order to comply with any limitations or directions provided for
3330	in the General Appropriations Act. Notwithstanding s. 216.292,
3331	the Department of Children and Family Services may transfer
3332	general funds to the Agency for Health Care Administration to
3333	fund state match requirements exceeding the amount specified in
3334	the General Appropriations Act for targeted case management
3335	services.
3336	Section 52.  Subsection (11) of section 409.912, Florida
3337	Statutes, is amended to read:
3338	409.912  Cost-effective purchasing of health care.--The
3339	agency shall purchase goods and services for Medicaid recipients
3340	in the most cost-effective manner consistent with the delivery
3341	of quality medical care. To ensure that medical services are
3342	effectively utilized, the agency may, in any case, require a
3343	confirmation or second physician's opinion of the correct
3344	diagnosis for purposes of authorizing future services under the
3345	Medicaid program. This section does not restrict access to
3346	emergency services or poststabilization care services as defined
3347	in 42 C.F.R. part 438.114. Such confirmation or second opinion
3348	shall be rendered in a manner approved by the agency. The agency
3349	shall maximize the use of prepaid per capita and prepaid
3350	aggregate fixed-sum basis services when appropriate and other
3351	alternative service delivery and reimbursement methodologies,
3352	including competitive bidding pursuant to s. 287.057, designed
3353	to facilitate the cost-effective purchase of a case-managed
3354	continuum of care. The agency shall also require providers to
3355	minimize the exposure of recipients to the need for acute
3356	inpatient, custodial, and other institutional care and the
3357	inappropriate or unnecessary use of high-cost services. The
3358	agency may mandate prior authorization, drug therapy management,
3359	or disease management participation for certain populations of
3360	Medicaid beneficiaries, certain drug classes, or particular
3361	drugs to prevent fraud, abuse, overuse, and possible dangerous
3362	drug interactions. The Pharmaceutical and Therapeutics Committee
3363	shall make recommendations to the agency on drugs for which
3364	prior authorization is required. The agency shall inform the
3365	Pharmaceutical and Therapeutics Committee of its decisions
3366	regarding drugs subject to prior authorization. The agency is
3367	authorized to limit the entities it contracts with or enrolls as
3368	Medicaid providers by developing a provider network through
3369	provider credentialing. The agency may limit its network based
3370	on the assessment of beneficiary access to care, provider
3371	availability, provider quality standards, time and distance
3372	standards for access to care, the cultural competence of the
3373	provider network, demographic characteristics of Medicaid
3374	beneficiaries, practice and provider-to-beneficiary standards,
3375	appointment wait times, beneficiary use of services, provider
3376	turnover, provider profiling, provider licensure history,
3377	previous program integrity investigations and findings, peer
3378	review, provider Medicaid policy and billing compliance records,
3379	clinical and medical record audits, and other factors. Providers
3380	shall not be entitled to enrollment in the Medicaid provider
3381	network. The agency is authorized to seek federal waivers
3382	necessary to implement this policy.
3383	(11)  The agency, after notifying the Legislature, may
3384	apply for waivers of applicable federal laws and regulations as
3385	necessary to implement more appropriate systems of health care
3386	for Medicaid recipients and reduce the cost of the Medicaid
3387	program to the state and federal governments and shall implement
3388	such programs, after legislative approval, within a reasonable
3389	period of time after federal approval. These programs must be
3390	designed primarily to reduce the need for inpatient care,
3391	custodial care and other long-term or institutional care, and
3392	other high-cost services.
3393	(a)  Prior to seeking legislative approval of such a waiver
3394	as authorized by this subsection, the agency shall provide
3395	notice and an opportunity for public comment. Notice shall be
3396	provided to all persons who have made requests of the agency for
3397	advance notice and shall be published in the Florida
3398	Administrative Weekly not less than 28 days prior to the
3399	intended action.
3400	(b)  Notwithstanding s. 216.292, funds that are
3401	appropriated to the Department of Elderly Affairs for the
3402	Assisted Living for the Elderly Medicaid waiver and are not
3403	expended shall be transferred to the agency to fund Medicaid-
3404	reimbursed nursing home care.
3405	Section 53.  Section 409.16745, Florida Statutes, is
3406	amended to read:
3407	409.16745  Community partnership matching grant
3408	program.--It is the intent of the Legislature to improve
3409	services and local participation in community-based care
3410	initiatives by fostering community support and providing
3411	enhanced prevention and in-home services, thereby reducing the
3412	risk otherwise faced by lead agencies. There is established a
3413	community partnership matching grant program to be operated by
3414	the Department of Children and Family Services for the purpose
3415	of encouraging local participation in community-based care for
3416	child welfare. Any children's services council or other local
3417	government entity that makes a financial commitment to a
3418	community-based care lead agency is eligible for a grant upon
3419	proof that the children's services council or local government
3420	entity has provided the selected lead agency at least $250,000
3421	from any local resources otherwise available to it. The total
3422	amount of local contribution may be matched on a two-for-one
3423	basis up to a maximum amount of $2 million per council or local
3424	government entity. Awarded matching grant funds may be used for
3425	any prevention or in-home services provided by the children's
3426	services council or other local government entity that meets
3427	temporary-assistance-for-needy-families' eligibility
3428	requirements and can be reasonably expected to reduce the number
3429	of children entering the child welfare system. To ensure
3430	necessary flexibility for the development, start up, and ongoing
3431	operation of community-based care initiatives, the notice period
3432	required for any budget action authorized by the provisions of
3433	s. 20.19(5)(b), is waived for the family safety program;
3434	however, the Department of Children and Family Services must
3435	provide copies of all such actions to the Executive Office of
3436	the Governor and Legislature within 72 hours of their
3437	occurrence. Funding available for the matching grant program is
3438	subject to legislative appropriation of nonrecurring funds
3439	provided for the purpose.
3440	Section 54.  Subsection (2) of section 468.392, Florida
3441	Statutes, is amended to read:
3442	468.392  Auctioneer Recovery Fund.--There is created the
3443	Auctioneer Recovery Fund as a separate account in the
3444	Professional Regulation Trust Fund. The fund shall be
3445	administered by the Florida Board of Auctioneers.
3446	(2)  All payments and disbursements from the Auctioneer
3447	Recovery Fund shall be made by the Chief Financial Officer upon
3448	a voucher signed by the Secretary of Business and Professional
3449	Regulation or the secretary's designee. Amounts transferred to
3450	the Auctioneer Recovery Fund shall not be subject to any
3451	limitation imposed by an appropriation act of the Legislature.
3452	Section 55.  Subsection (6) of section 475.484, Florida
3453	Statutes, is amended to read:
3454	475.484  Payment from the fund.--
3455	(6)  All payments and disbursements from the Real Estate
3456	Recovery Fund shall be made by the Chief Financial Officer upon
3457	a voucher signed by the secretary of the department. Amounts
3458	transferred to the Real Estate Recovery Fund shall not be
3459	subject to any limitation imposed by an appropriation act of the
3460	Legislature.
3461	Section 56.  Paragraph (b) of subsection (7) of section
3462	631.141, Florida Statutes, is amended to read:
3463	631.141  Conduct of delinquency proceeding; domestic and
3464	alien insurers.--
3465	(7)
3466	(b)  In the event that initiation of delinquency
3467	proceedings does not result in appointment of the department as
3468	receiver, or in the event that the funds or assets of an insurer
3469	for which the department is appointed as receiver are
3470	insufficient to cover the cost of compensation to special
3471	agents, counsel, clerks, or assistants and all expenses of
3472	taking, or attempting to take, possession of the insurer, and of
3473	conducting the proceeding, there is appropriated, upon approval
3474	of the Chief Financial Officer and of the Legislative Budget
3475	Commission pursuant to chapter 216, from the Insurance
3476	Regulation Trust Fund to the Division of Rehabilitation and
3477	Liquidation a sum that is sufficient to cover the unreimbursed
3478	costs.
3479	Section 57.  Paragraph (b) of subsection (9) of section
3480	921.001, Florida Statutes, is amended to read:
3481	921.001  Sentencing Commission and sentencing guidelines
3482	generally.--
3483	(9)
3484	(b)  On or after January 1, 1994, any legislation which:
3485	1.  Creates a felony offense;
3486	2.  Enhances a misdemeanor offense to a felony offense;
3487	3.  Moves a felony offense from a lesser offense severity
3488	level to a higher offense severity level in the offense severity
3489	ranking chart in s. 921.0012; or
3490	4.  Reclassifies an existing felony offense to a greater
3491	felony classification
3492
3493	must provide that such a change result in a net zero sum impact
3494	in the overall prison population, as determined by the
3495	Legislature, considering the most recent estimates of the
3496	Criminal Justice Estimating Conference, unless the legislation
3497	contains a funding source sufficient in its base or rate to
3498	accommodate such change or a provision which specifically
3499	abrogates the application of this paragraph.
3500	Section 58.  Subsection (3) of section 943.61, Florida
3501	Statutes, is amended to read:
3502	943.61  Powers and duties of the Capitol Police.--
3503	(3)  Notwithstanding the provisions of chapter 216, no
3504	assets, personnel, or resources shall be taken from the Capitol
3505	Police, and no appropriation to the Capitol Police shall be
3506	reduced without the express approval of the Governor and the
3507	Legislative Budget Commission. Nothing herein limits the ability
3508	of the Capitol Police to provide mutual aid to other law
3509	enforcement agencies as authorized by law unless such a
3510	limitation is expressly included in the operational security
3511	plans provided for herein.
3512	Section 59.  Paragraph (a) of subsection (4) of section
3513	1003.03, Florida Statutes, is amended to read:
3514	1003.03  Maximum class size.--
3515	(4)  ACCOUNTABILITY.--
3516	(a)  Beginning in the 2003-2004 fiscal year, if the
3517	department determines for any year that a school district has
3518	not reduced average class size as required in subsection (2) at
3519	the time of the third FEFP calculation, the department shall
3520	calculate an amount from the class size reduction operating
3521	categorical which is proportionate to the amount of class size
3522	reduction not accomplished. Upon verification of the
3523	department's calculation by the Florida Education Finance
3524	Program Appropriation Allocation Conference, the Executive
3525	Office of the Governor shall transfer undistributed funds
3526	equivalent to the calculated amount from the district's class
3527	size reduction operating categorical to an approved fixed
3528	capital outlay appropriation for class size reduction in the
3529	affected district pursuant to s. 216.292(2)(d)(13). The amount
3530	of funds transferred shall be the lesser of the amount verified
3531	by the Florida Education Finance Program Appropriation
3532	Allocation Conference or the undistributed balance of the
3533	district's class size reduction operating categorical. However,
3534	based upon a recommendation by the Commissioner of Education
3535	that the State Board of Education has reviewed evidence
3536	indicating that a district has been unable to meet class size
3537	reduction requirements despite appropriate effort to do so, the
3538	Legislative Budget Commission may approve an alternative amount
3539	of funds to be transferred from the district's class size
3540	reduction operating categorical to its approved fixed capital
3541	outlay account for class size reduction.
3542	Section 60.  Paragraph (a) of subsection (1) of section
3543	1009.536, Florida Statutes, is amended to read:
3544	1009.536  Florida Gold Seal Vocational Scholars award.--The
3545	Florida Gold Seal Vocational Scholars award is created within
3546	the Florida Bright Futures Scholarship Program to recognize and
3547	reward academic achievement and career preparation by high
3548	school students who wish to continue their education.
3549	(1)  A student is eligible for a Florida Gold Seal
3550	Vocational Scholars award if the student meets the general
3551	eligibility requirements for the Florida Bright Futures
3552	Scholarship Program and the student:
3553	(a)  Completes the secondary school portion of a sequential
3554	program of studies that requires at least three secondary school
3555	career credits taken over at least 2 academic years, and is
3556	continued in a planned, related postsecondary education program.
3557	If the student's school does not offer such a two-plus-two or
3558	tech-prep program, the student must complete a job-preparatory
3559	career education program selected by the Workforce Estimating
3560	Conference or Workforce Florida, Inc., for its ability to
3561	provide high-wage employment in an occupation with high
3562	potential for employment opportunities. On-the-job training may
3563	not be substituted for any of the three required career credits.
3564	Section 61.  Subsection (2) of section 1013.512, Florida
3565	Statutes, is amended to read:
3566	1013.512  Land Acquisition and Facilities Advisory Board.--
3567	(2)  If the director of the Office of Program Policy
3568	Analysis and Government Accountability (OPPAGA) or the Auditor
3569	General determines in a review or examination that significant
3570	deficiencies exist in a school district's land acquisition and
3571	facilities operational processes, he or she shall certify to the
3572	President of the Senate, the Speaker of the House of
3573	Representatives, the Legislative Budget Commission, and the
3574	Governor that the deficiency exists. Upon recommendation by the
3575	Governor, the Legislative Budget Commission shall approve or
3576	disapprove the placement of determine whether funds for the
3577	school district funds will be placed in reserve until the
3578	deficiencies are corrected.
3579	Section 62.  Any undisbursed appropriations made from the
3580	Working Capital Fund, previously created in s. 215.32, Florida
3581	Statutes, are reappropriated from unallocated moneys in the
3582	General Revenue Fund; any appropriations made to the Working
3583	Capital Fund are reappropriated to the General Revenue Fund; and
3584	any references to the Working Capital Fund in SB 2600 or SB
3585	2602, or similar legislation, shall be replaced with "the
3586	General Revenue Fund." It is the intent of the Legislature that
3587	the provisions of this section control in the event SB 2600 or
3588	SB 2602, or other similar legislation, are enacted subsequently
3589	during the 2005 Regular Session. This section expires July 1,
3590	2006.
3591	Section 63.  Sections 216.1825, 216.183, and 288.1234,
3592	Florida Statutes, are repealed.
3593	Section 64.  Except as otherwise provided herein, this act
3594	shall take effect July 1, 2005.
3595
3596
3597	================= T I T L E  A M E N D M E N T =================
3598	Remove the entire title and insert:
3599	A bill to be entitled
3600	An act relating to the management of state financial
3601	matters; amending s. 14.2015, F.S.; requiring the Office
3602	of Tourism, Trade, and Economic Development and the
3603	Florida Commission on Tourism to advise and consult with
3604	the Consensus Estimating Conference principals concerning
3605	certain duties; amending s. 20.19, F.S.,; eliminating
3606	certain transfer authority of district administrators in
3607	the Department of Children and Family Services; amending
3608	s. 20.316, F.S., relating to the Department of Juvenile
3609	Justice information systems; correcting a reference;
3610	amending s. 45.062, F.S.; limiting the ability of agencies
3611	to settle lawsuits in certain circumstances; requiring
3612	that certain legislative officers and the Attorney General
3613	receive prior notice concerning settlement negotiations
3614	and presettlement agreements or orders; providing certain
3615	exceptions; requiring that moneys paid in settlement of a
3616	legal action be placed into the General Revenue Fund or an
3617	appropriate trust fund; amending s. 110.1239, F.S.;
3618	correcting a cross reference; amending s. 110.1245, F.S.,
3619	relating to a savings sharing program; correcting a
3620	reference; amending s. 215.32, F.S.; providing for
3621	unallocated general revenue; revising a provision relating
3622	to the restoration of expenditures from the Budget
3623	Stabilization Fund; revising requirements and uses of
3624	Working Capital Fund moneys; amending s. 215.5601, F.S.;
3625	revising provisions relating to appropriations to and uses
3626	of the Lawton Chiles Endowment Fund; amending ss. 215.93
3627	and 215.94, F.S.; revising duties of the Financial
3628	Management Information Board, the functional owners of
3629	information subsystems, and the Auditor General relating
3630	to the Florida Financial Management Information System;
3631	amending s. 215.97, F.S., relating to the Florida Single
3632	Audit Act; revising and providing definitions; revising
3633	the uniform state audit requirements for state financial
3634	assistance provided by state agencies to nonstate
3635	entities; requiring the Department of Financial Services
3636	to adopt rules and perform additional duties with respect
3637	to the provision of financial assistance to carry out
3638	state projects; revising duties of the Executive Office of
3639	the Governor and Chief Financial Officer and specifying
3640	duties of coordinating agencies; exempting certain
3641	nonstate entities from the requirements of the Florida
3642	Single Audit Act; amending s. 216.011, F.S.; revising and
3643	providing definitions; amending s. 216.013, F.S.; revising
3644	requirements for the long-range program plans developed by
3645	state agencies and the judicial branch; providing for the
3646	preparation of form, manner, and timeframe instructions
3647	for such plans; revising the plan submission date;
3648	revising the date by which to submit adjustments to such
3649	plans; requiring the plans to be posted on the Internet;
3650	providing that long-range program plans are exempt from
3651	ch. 120; amending s. 216.023, F.S.; providing for
3652	alternate dates for agencies to submit legislative budget
3653	requests; changing the requirements for an annual
3654	inventory of certain litigation; requiring and specifying
3655	additional information in legislative budget requests;
3656	revising requirements of the judicial branch's legislative
3657	budget requests; revising duties of the Executive Office
3658	of the Governor, the Legislature, and the Chief Justice
3659	relating to legislative budget requests; amending s.
3660	216.031, F.S.; revising requirements for target budget
3661	requests; amending s. 216.052, F.S.; deleting certain
3662	requirements relating to community budget requests;
3663	amending s. 216.053, F.S.; deleting the requirement that
3664	the General Appropriations Act contain summary information
3665	concerning performance-based program budgets; amending s.
3666	216.065, F.S.; revising requirements relating to fiscal
3667	impact statements on actions affecting the budget;
3668	amending s. 216.081, F.S.; providing data requirements for
3669	the Governor's recommended budget under certain
3670	circumstances; amending s. 216.133, F.S.; deleting
3671	references to conform; amending s. 216.134, F.S.;
3672	stipulating that consensus estimating conferences are
3673	within the legislative branch; revising provisions
3674	relating to public meetings of consensus estimating
3675	conferences; amending s. 216.136, F.S.; deleting
3676	provisions for the Child Welfare System Estimating
3677	Conference and the Juvenile Justice Estimating Conference;
3678	revising provisions relating to the principals of the
3679	Self-Insurance Estimating Conference and the Florida
3680	Retirement System Actuarial Assumption Conference;
3681	amending s. 216.162, F.S.; revising the date for the
3682	Governor to submit the recommended budget to the
3683	Legislature; amending s. 216.163, F.S.; authorizing the
3684	Governor's budget recommendation to include an alternative
3685	recommendation for operating and fixed capital outlay
3686	appropriations to that of the Chief Justice; amending s.
3687	216.167, F.S.; deleting references to the Working Capital
3688	Fund, to conform; amending s. 216.168, F.S.; deleting
3689	provisions exempting the Governor from a requirement to
3690	submit amended recommendations; amending s. 216.177, F.S.;
3691	revising notice and review requirements for actions taken
3692	under ch. 216, F.S., to provide for funds expended in
3693	settlement of agency litigation; deleting an obsolete
3694	provision; amending s. 216.181, F.S.; requiring approval
3695	of certain amendments to an approved operating budget by
3696	the Legislative Budget Commission; revising requirements
3697	for determining salary rates; authorizing the Legislative
3698	Budget Commission to approve salary rates; revising
3699	provisions relating to how the annual salary rate is
3700	determined and controlled; deleting certain notice
3701	requirements; requiring that the legislative
3702	appropriations committees approve certain nonoperating
3703	budgets; deleting the authority to advance certain
3704	contracted services funds in the Department of Children
3705	and Family Service and the Department of Health; amending
3706	s. 216.192, F.S.; deleting provisions authorizing the
3707	legislative appropriations committees to provide advice
3708	regarding the release of funds; authorizing the Executive
3709	Office of the Governor and the Chief Justice to place
3710	appropriations in mandatory reserve or budget reserve;
3711	amending s. 216.195, F.S.; deleting certain notice and
3712	review requirements for the impoundment of funds; amending
3713	s. 216.221, F.S.; authorizing the Legislature to direct
3714	the use of any state funds in an appropriations act to
3715	offset General Revenue Fund deficits; revising
3716	requirements for adjusting budgets in order to avoid or
3717	eliminate a deficit; revising procedures for certifying a
3718	budget deficit; revising requirements for the Governor and
3719	the Chief Justice in developing plans of action; requiring
3720	that the Legislative Budget Commission implement certain
3721	reductions in appropriations; revising requirements for
3722	resolving deficits; requiring that certain actions to
3723	resolve a deficit be approved by the Legislative Budget
3724	Commission; amending s. 216.231, F.S., relating to the
3725	release of classified appropriations, to conform; amending
3726	s. 216.235, F.S.; limiting the funding of certain
3727	proposals under the Innovation Investment Program;
3728	correcting references; amending s. 216.241, F.S.;
3729	requiring that the initiation or commencement of new
3730	programs be approved by the Legislative Budget Commission;
3731	deleting certain notice requirements; amending s. 216.251,
3732	F.S.; correcting a reference; revising requirements for
3733	establishing certain salaries; amending s. 216.262, F.S.;
3734	requiring the Legislative Budget Commission to approve
3735	certain increases in the number of positions for
3736	authorized programs; deleting provisions authorizing an
3737	agency to retain salary dollars under certain
3738	circumstances; amending s. 216.292, F.S.; revising
3739	provisions relating to the transferability of
3740	appropriations; revising limitations on the
3741	transferability of appropriations; prohibiting spending
3742	fixed capital outlay for other purposes; providing notice
3743	and review requirements prior to implementation of certain
3744	transfers; prohibiting transferring appropriations except
3745	as otherwise provided by law; providing certain
3746	exceptions; amending s. 216.301, F.S.; revising
3747	requirements for continuing unexpended balances of
3748	appropriations for fixed capital outlay; requiring
3749	approval by the Executive Office of the Governor;
3750	authorizing the President of the Senate and the Speaker of
3751	the House of Representatives to provide for the retention
3752	of certain balances from legislative budget entities;
3753	revising the certification forward process for operating
3754	appropriations; amending s. 218.60, F.S.; deleting an
3755	obsolete provision; amending ss. 252.37 and 265.55, F.S.;
3756	deleting certain references to the Working Capital Fund,
3757	to conform; amending s. 288.7091, F.S.; correcting a cross
3758	reference; amending s. 320.20, F.S.; providing duties of
3759	the Chief Financial Officer with respect to the deposit of
3760	certain trust fund moneys; amending s. 337.023, F.S.;
3761	correcting a cross reference; amending s. 339.135, F.S.;
3762	revising requirements for the tentative work programs
3763	submitted by the Department of Transportation; specifying
3764	procedures by which unexpended balances in certain
3765	appropriations may be certified forward as fixed capital
3766	outlay; requiring that the Legislative Budget Commission
3767	approve certain extensions of spending authority; revising
3768	requirements for amending certain work programs; requiring
3769	approval of the Legislative Budget Commission for certain
3770	work program amendments; amending 373.6065, F.S.;
3771	correcting a cross reference; amending s. 381.0303, F.S.;
3772	authorizing the Department of Health to obtain
3773	reimbursement for special needs shelters from
3774	unappropriated moneys in the General Revenue Fund;
3775	amending s. 392.69, F.S.; correcting a cross reference;
3776	amending s. 409.906, F.S.; deleting provisions authorizing
3777	the Department of Children and Family Services to transfer
3778	certain funds in excess of the amount specified in the
3779	General Appropriations Act; amending s. 409.912, F.S.,
3780	relating to the transfer of certain funds from the
3781	Department of Elderly Affairs to the Agency for Health
3782	Care Administration, to conform; amending s. 409.16745,
3783	F.S.; eliminating 72-hour notification for transfer of
3784	budget authority for the community partnership matching
3785	grant program; amending ss. 468.392 and 475.484, F.S.;
3786	deleting provisions exempting funds in the Auctioneer
3787	Recovery Fund and the Real Estate Recovery Fund from
3788	limitations imposed by an appropriation act; amending s.
3789	631.141, F.S.; clarifying provisions requiring the
3790	Legislative Budget Commission to approve certain
3791	appropriations; amending s. 921.001, F.S.; requiring the
3792	Legislature to make certain determinations with respect to
3793	legislation affecting the prison population; amending s.
3794	943.61, F.S.; deleting a provision requiring approval by
3795	the Governor and the Legislative Budget Commission for
3796	appropriations to the Capitol Police; amending s. 1003.03,
3797	F.S.; correcting a cross reference; amending s. 1009.536,
3798	F.S.; deleting duties of the Workforce Estimating
3799	Conference with respect to certain career education
3800	programs; amending s. 1013.512, F.S.; requiring a
3801	recommendation by the Governor before placing certain
3802	school district funds in reserve; providing for references
3803	to the Working Capital Fund in certain legislation to be
3804	replaced with a reference to the General Revenue Fund;
3805	repealing s. 216.1825, F.S., relating to zero-based
3806	budgeting; repealing s. 216.183, F.S., relating to
3807	entities using performance-based program budgets;
3808	repealing s. 288.1234, F.S., relating to the guaranty of
3809	state obligations and the Olympic Games Guaranty Account;
3810	providing effective dates.

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