Senate Bill sb1716

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    Florida Senate - 2006                                  SB 1716

    By Senator Atwater





    25-374B-06

  1                      A bill to be entitled

  2         An act relating to state planning and

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

  4         the membership of the Legislative Budget

  5         Commission; providing for the appointment of

  6         presiding officers; revising requirements for

  7         meetings and a quorum; revising requirements

  8         for appointing the staff of the commission;

  9         requiring the commission to review budget

10         amendments recommended by the Governor or Chief

11         Justice; authorizing the commission to perform

12         other duties prescribed by the Legislature;

13         creating s. 11.91, F.S.; creating the

14         Government Efficiency Task Force for the

15         purpose of recommending improvements to

16         governmental operations and cost reductions;

17         providing for the Governor, the President of

18         the Senate, and the Speaker of the House of

19         Representatives to appoint its members;

20         requiring that the task force meet at 4-year

21         intervals beginning on a specified date;

22         authorizing the task force to conduct meetings

23         through teleconferences; providing for members

24         to be reimbursed for per diem and travel

25         expenses; requiring the task force to complete

26         its work within 1 year and report to the

27         Legislative Budget Commission, the Governor,

28         and the Chief Justice of the Supreme Court;

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

30         legislative appropriations committees to

31         prescribe the format of budget expenditure

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    Florida Senate - 2006                                  SB 1716
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 1         reports; amending s. 100.371, F.S.; specifying

 2         that the Financial Impact Estimating Conference

 3         is within the legislative branch of government

 4         and under the direction of the President of the

 5         Senate and the Speaker of the House of

 6         Representatives; revising provisions governing

 7         public meetings of the conference; amending s.

 8         216.011, F.S.; redefining the term

 9         "consultation" and defining the term

10         "long-range financial outlook" for purposes of

11         state fiscal affairs; creating s. 216.012,

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

13         financial outlook prepared by the Legislative

14         Budget Commission; requiring state agencies to

15         provide certain information; prescribing

16         authority of the commission with respect to

17         such information; specifying timeframes for the

18         commission in completing the long-range

19         financial outlook; amending s. 216.023, F.S.;

20         clarifying certain requirements for legislative

21         budget instructions; amending s. 216.065, F.S.;

22         requiring that fiscal impact statements be

23         provided to the Legislative Budget Commission

24         in addition to the legislative appropriations

25         committees; requiring that such statements

26         contain information concerning subsequent

27         fiscal years; amending s. 216.162, F.S.;

28         revising the date for the Governor's

29         recommended budget to be furnished to the

30         Legislature; authorizing the presiding officers

31         of the Legislature to approve submission of the

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    Florida Senate - 2006                                  SB 1716
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 1         Governor's recommended budget at a later date

 2         than otherwise required; amending s. 216.178,

 3         F.S.; extending the deadline for production of

 4         the final budget; providing a contingent

 5         effective date.

 6  

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

 8  

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

10  to read:

11         11.90  Legislative Budget Commission.--

12         (1)  There is created the Legislative Budget

13  Commission, which is the joint Legislative Budget Commission

14  created in s. 19, Art. III of the State Constitution, composed

15  of seven members of the Senate appointed by the President of

16  the Senate and seven members of the House of Representatives

17  appointed by the Speaker of the House of Representatives. Each

18  member shall serve at the pleasure of the officer who

19  appointed the member. A vacancy on the commission shall be

20  filled in the same manner as the original appointment. From

21  November of each odd-numbered year through October of each

22  even-numbered year, the chairperson of the commission shall be

23  appointed by the President of the Senate and the vice

24  chairperson of the commission shall be appointed by the

25  Speaker of the House of Representatives. From November of each

26  even-numbered year through October of each odd-numbered year,

27  the chairperson of the commission shall be appointed by the

28  Speaker of the House of Representatives and the vice

29  chairperson of the commission shall be appointed by the

30  President of the Senate. There is created a standing joint

31  committee of the Legislature designated the Legislative Budget

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    Florida Senate - 2006                                  SB 1716
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 1  Commission, composed of 14 members as follows:  seven members

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

 3  include the chair of the Senate Budget Committee or its

 4  successor, and seven members of the House of Representatives

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

 6  include the chair of the Fiscal Responsibility Council or its

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

 8  run from the organization of one Legislature to the

 9  organization of the next Legislature. Vacancies occurring

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

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

12  chair of the commission shall be the chair of the Senate

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

14  commission shall be the chair of the House Fiscal

15  Responsibility Council or its successor.  During odd-numbered

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

17  House Fiscal Responsibility Council or its successor, and the

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

19  Budget Committee or its successor.

20         (2)  The Legislative Budget Commission shall be

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

22  Representatives which shall remain in effect until repealed or

23  amended by concurrent resolution.

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

25  President of the Senate and the Speaker of the House of

26  Representatives at least quarterly. A majority of the

27  commission members of each house plus one additional member

28  from either house constitutes a quorum. The commission shall

29  meet at least quarterly. A quorum shall consist of a majority

30  of members from each house, plus one additional member from

31  

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 1  either house. Action by the commission requires a majority

 2  vote of the members present of each house.

 3         (4)  The commission may conduct its meetings through

 4  teleconferences or other similar means.

 5         (5)  The commission shall be staffed by legislative

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

 7  the Speaker of the House of Representatives. The commission

 8  will be jointly staffed by the appropriations committees of

 9  the House of Representatives and the Senate. During

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

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

12  serve as lead staff.

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

14         (a)  Review and approve or disapprove budget amendments

15  recommended by the Governor or the Chief Justice of the

16  Supreme Court as provided in chapter 216. Annually review the

17  amount of state debt outstanding and submit to the President

18  of the Senate and the Speaker of the House of Representatives

19  an estimate of the maximum amount of additional state

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

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

22  in no way bind the Legislature.

23         (b)  Develop the long-range financial outlook described

24  in s. 19, Art. III of the State Constitution. Promptly after

25  receiving the report required by s. 215.98(2)(c), the

26  commission shall submit to the President of the Senate and the

27  Speaker of the House of Representatives the commission's

28  estimate of tax-supported debt which prudently may be

29  authorized for the next fiscal year, together with a report

30  explaining the basis for the estimate.

31  

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 1  In addition to the powers and duties specified in this

 2  subsection, the commission shall exercise all other powers and

 3  perform any other duties prescribed by the Legislature.

 4         (7)  The commission shall review information resources

 5  management needs identified in agency long-range program plans

 6  for consistency with the State Annual Report on Enterprise

 7  Resource Planning and Management and statewide policies

 8  adopted by the State Technology Office.  The commission shall

 9  also review proposed budget amendments associated with

10  information technology that involve more than one agency, that

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

12  $500,000 in total cost over a 1-year period.

13         Section 2.  Section 11.91, Florida Statutes, is created

14  to read:

15         11.91  Government Efficiency Task Force.--

16         (1)  There is created the Government Efficiency Task

17  Force. The task force shall convene no later than January

18  2007, and each 4th year thereafter. The task force shall be

19  composed of 15 members. Five members shall be appointed by the

20  President of the Senate, five members shall be appointed by

21  the Speaker of the House of Representatives, and five members

22  shall be appointed by the Governor. Members of the task force

23  may include representatives from the private sector, as

24  designated by the President of the Senate, the Speaker of the

25  House of Representatives, and the Governor. Each member shall

26  serve at the pleasure of the officer who appointed the member.

27  A vacancy on the task force shall be filled in the same manner

28  as the original appointment. The terms of the members shall be

29  for 1 year.

30         (2)  The task force shall elect a chair from among its

31  members.

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 1         (3)  The task force shall meet as necessary, but at

 2  least quarterly, at the call of the chair and at the time and

 3  place designated by him or her. The task force may conduct its

 4  meetings through teleconferences or other similar means.

 5         (4)  Members of the task force are entitled to receive

 6  reimbursement for per diem and travel expenses pursuant to s.

 7  112.061.

 8         (5)  The task force shall develop recommendations for

 9  improving governmental operations and reducing costs. Staff to

10  assist the task force in performing its duties shall be

11  assigned by the President of the Senate, the Speaker of the

12  House of Representatives, and the Governor. The task force

13  shall consider reports issued by the Auditor General, the

14  Office of Program Policy Analysis and Government

15  Accountability, and agency inspectors general in developing

16  its recommendations.

17         (6)  The task force shall complete its work within 1

18  year and submit its recommendations to the chairperson and

19  vice chairperson of the Legislative Budget Commission, the

20  Governor, and the Chief Justice of the Supreme Court. The task

21  force may submit all or part of its recommendations at any

22  time during the year, but a final report summarizing its

23  recommendations must be submitted at the completion of its

24  work.

25         Section 3.  Subsection (4) of section 29.0095, Florida

26  Statutes, is amended to read:

27         29.0095  Budget expenditure reports.--

28         (4)  The appropriations committees of the Senate and

29  the House of Representatives Legislative Budget Commission

30  shall prescribe the format of the report required by this

31  

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 1  section in consultation with the Chief Justice and the Justice

 2  Administrative Commission.

 3         Section 4.  Subsection (6) of section 100.371, Florida

 4  Statutes, is amended to read:

 5         100.371  Initiatives; procedure for placement on

 6  ballot.--

 7         (6)(a)  Within 45 days after receipt of a proposed

 8  revision or amendment to the State Constitution by initiative

 9  petition from the Secretary of State or, within 30 days after

10  such receipt if receipt occurs 120 days or less before the

11  election at which the question of ratifying the amendment will

12  be presented, the Financial Impact Estimating Conference shall

13  complete an analysis and financial impact statement to be

14  placed on the ballot of the estimated increase or decrease in

15  any revenues or costs to state or local governments resulting

16  from the proposed initiative. The Financial Impact Estimating

17  Conference shall submit the financial impact statement to the

18  Attorney General and Secretary of State.

19         (b)1.  The Financial Impact Estimating Conference shall

20  provide an opportunity for any proponents or opponents of the

21  initiative to submit information and may solicit information

22  or analysis from any other entities or agencies, including the

23  Office of Economic and Demographic Research.

24         (c)  All meetings of the Financial Impact Estimating

25  Conference shall be open to the public as provided in chapter

26  286. The President of the Senate and the Speaker of the House

27  of Representatives, jointly, shall be the sole judge for the

28  interpretation, implementation, and enforcement of this

29  subsection.

30         1.2.  The Financial Impact Estimating Conference is

31  established to review, analyze, and estimate the financial

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 1  impact of amendments to or revisions of the State Constitution

 2  proposed by initiative. The Financial Impact Estimating

 3  Conference shall consist of four principals: one person from

 4  the Executive Office of the Governor; the coordinator of the

 5  Office of Economic and Demographic Research, or his or her

 6  designee; one person from the professional staff of the

 7  Senate; and one person from the professional staff of the

 8  House of Representatives. Each principal shall have

 9  appropriate fiscal expertise in the subject matter of the

10  initiative. A Financial Impact Estimating Conference may be

11  appointed for each initiative.

12         2.3.  Principals of the Financial Impact Estimating

13  Conference shall reach a consensus or majority concurrence on

14  a clear and unambiguous financial impact statement, no more

15  than 75 words in length, and immediately submit the statement

16  to the Attorney General. Nothing in this subsection prohibits

17  the Financial Impact Estimating Conference from setting forth

18  a range of potential impacts in the financial impact

19  statement. Any financial impact statement that a court finds

20  not to be in accordance with this section shall be remanded

21  solely to the Financial Impact Estimating Conference for

22  redrafting. The Financial Impact Estimating Conference shall

23  redraft the financial impact statement within 15 days.

24         3.4.  If the members of the Financial Impact Estimating

25  Conference are unable to agree on the statement required by

26  this subsection, or if the Supreme Court has rejected the

27  initial submission by the Financial Impact Estimating

28  Conference and no redraft has been approved by the Supreme

29  Court by 5 p.m. on the 75th day before the election, the

30  following statement shall appear on the ballot pursuant to s.

31  

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 1  101.161(1): "The financial impact of this measure, if any,

 2  cannot be reasonably determined at this time."

 3         (d)(c)  The financial impact statement must be

 4  separately contained and be set forth after the ballot summary

 5  as required in s. 101.161(1).

 6         (e)(d)1.  Any financial impact statement that the

 7  Supreme Court finds not to be in accordance with this

 8  subsection shall be remanded solely to the Financial Impact

 9  Estimating Conference for redrafting, provided the court's

10  advisory opinion is rendered at least 75 days before the

11  election at which the question of ratifying the amendment will

12  be presented. The Financial Impact Estimating Conference shall

13  prepare and adopt a revised financial impact statement no

14  later than 5 p.m. on the 15th day after the date of the

15  court's opinion.

16         2.  If, by 5 p.m. on the 75th day before the election,

17  the Supreme Court has not issued an advisory opinion on the

18  initial financial impact statement prepared by the Financial

19  Impact Estimating Conference for an initiative amendment that

20  otherwise meets the legal requirements for ballot placement,

21  the financial impact statement shall be deemed approved for

22  placement on the ballot.

23         3.  In addition to the financial impact statement

24  required by this subsection, the Financial Impact Estimating

25  Conference shall draft an initiative financial information

26  statement. The initiative financial information statement

27  should describe in greater detail than the financial impact

28  statement any projected increase or decrease in revenues or

29  costs that the state or local governments would likely

30  experience if the ballot measure were approved. If

31  appropriate, the initiative financial information statement

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 1  may include both estimated dollar amounts and a description

 2  placing the estimated dollar amounts into context. The

 3  initiative financial information statement must include both a

 4  summary of not more than 500 words and additional detailed

 5  information that includes the assumptions that were made to

 6  develop the financial impacts, workpapers, and any other

 7  information deemed relevant by the Financial Impact Estimating

 8  Conference.

 9         4.  The Department of State shall have printed, and

10  shall furnish to each supervisor of elections, a copy of the

11  summary from the initiative financial information statements.

12  The supervisors shall have the summary from the initiative

13  financial information statements available at each polling

14  place and at the main office of the supervisor of elections

15  upon request.

16         5.  The Secretary of State and the Office of Economic

17  and Demographic Research shall make available on the Internet

18  each initiative financial information statement in its

19  entirety. In addition, each supervisor of elections whose

20  office has a website shall post the summary from each

21  initiative financial information statement on the website.

22  Each supervisor shall include the Internet addresses for the

23  information statements on the Secretary of State's and the

24  Office of Economic and Demographic Research's websites in the

25  publication or mailing required by s. 101.20.

26         Section 5.  Paragraph (h) of subsection (1) of section

27  216.011, Florida Statutes, is amended, and paragraph (tt) is

28  added to that subsection, to read:

29         216.011  Definitions.--

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

31  appropriations acts, legislative budgets, and approved

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 1  budgets, each of the following terms has the meaning

 2  indicated:

 3         (h)  "Consultation" means communication to allow

 4  government officials and agencies to deliberate and to seek

 5  and provide advice in an open and forthright manner with the

 6  full committee, a subcommittee thereof, the chair, or the

 7  staff as deemed appropriate by the chair of the respective

 8  appropriations committee.

 9         (tt)  "Long-range financial outlook" means a document

10  issued by the Legislative Budget Commission based on a 3-year

11  forecast of revenues and expenditures.

12         Section 6.  Section 216.012, Florida Statutes, is

13  created to read:

14         216.012  Long-range financial outlook.--

15         (1)  The commission shall develop a long-range 3-year

16  financial outlook and shall update that outlook each year.

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

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

19  supports the commission's development and updates of the

20  long-range financial outlook. The commission has the authority

21  to accept, modify, or direct the agency to modify any

22  information received from an agency.

23         (3)  By September 15 of each year, the commission shall

24  complete the long-range financial outlook. The commission may

25  subsequently provide any additions or adjustments to the

26  outlook based on information not previously available.

27         Section 7.  Subsection (12) of section 216.023, Florida

28  Statutes, is amended to read:

29         216.023  Legislative budget requests to be furnished to

30  Legislature by agencies.--

31  

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 1         (12)  In order to ensure an integrated state planning

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

 3  reviewed by the Legislature. The legislative budget request

 4  instructions must provide for consistency between the agency's

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

 6         Section 8.  Section 216.065, Florida Statutes, is

 7  amended to read:

 8         216.065  Fiscal impact statements on actions affecting

 9  the budget.--In addition to the applicable requirements of

10  chapter 120, before the Governor, or Governor and Cabinet as a

11  body, performing any constitutional or statutory duty, or

12  before any state agency or statutorily authorized entity takes

13  any final action that will affect revenues, require a request

14  for an increased or new appropriation in the following 3

15  fiscal years year, or transfer current year funds, it shall

16  first provide the joint Legislative Budget Commission and the

17  legislative appropriations committees with a fiscal impact

18  statement that details the effects of such action on the

19  budget. The fiscal impact statement must specify the estimated

20  budget and revenue impacts for the current year and the 2

21  subsequent fiscal years at the same level of detail required

22  to support a legislative budget request, including amounts by

23  appropriation category and fund.

24         Section 9.  Subsection (1) of section 216.162, Florida

25  Statutes, is amended to read:

26         216.162  Governor's recommended budget to be furnished

27  Legislature; copies to members.--

28         (1)  At least 30 days before the scheduled annual

29  legislative session, or at a later date if requested by the

30  Governor and approved in writing by the President of the

31  Senate and the Speaker of the House of Representatives, the

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 1  Governor shall furnish each senator and representative a copy

 2  of his or her recommended balanced budget for the state, based

 3  on the Governor's own conclusions and judgment; however, in

 4  his or her first year in office a new Governor may request,

 5  subject to approval of the President of the Senate and the

 6  Speaker of the House of Representatives, that his or her

 7  recommended balanced budget be submitted at a later time prior

 8  to the Governor's first regular legislative session.

 9         Section 10.  Subsection (2) of section 216.178, Florida

10  Statutes, is amended to read:

11         216.178  General Appropriations Act; format;

12  procedure.--

13         (2)  The Office of Planning and Budgeting shall develop

14  a final budget report that reflects the net appropriations for

15  each budget item.  The report shall reflect actual

16  expenditures for each of the 2 preceding fiscal years and the

17  estimated expenditures for the current fiscal year.  In

18  addition, the report must contain the actual revenues and cash

19  balances for the preceding 2 fiscal years and the estimated

20  revenues and cash balances for the current fiscal year.  The

21  report may also contain expenditure data, program objectives,

22  and program measures for each state agency program. The report

23  must be produced by the 120th day of October 15 each fiscal

24  year.  A copy of the report must be made available to each

25  member of the Legislature, to the head of each state agency,

26  to the Auditor General, to the director of the Office of

27  Program Policy Analysis and Government Accountability, and to

28  the public.

29         Section 11.  This act shall take effect upon the

30  effective date of the amendment to the State Constitution

31  contained in Senate Joint Resolution No. 2144, or a similar

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 1  constitutional amendment, relating to the state budgeting,

 2  planning, and appropriations processes.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Revises various provisions governing the state's planning
      and budget process for purposes of implementing an
 7    amendment to the State Constitution. Revises the
      membership and duties of the Legislative Budget
 8    Commission. Creates the Government Efficiency Task Force,
      a 15-member task force appointed by the Governor, the
 9    President of the Senate, and the Speaker of the House of
      Representatives, to meet every 4 years to develop
10    recommendations for improving governmental operations and
      reducing costs. Provides requirements for developing and
11    updating a long-range 3-year state financial outlook.
      Prescribes the timeframes within which state agencies and
12    the commission are required to develop and complete the
      long-range financial outlook. (See bill for details.)
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