Senate Bill sb1716c1
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Florida Senate - 2006 CS for SB 1716
By the Committee on Ways and Means; and Senator Atwater
576-2001-06
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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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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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.
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7 Be It Enacted by the Legislature of the State of Florida:
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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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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
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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.
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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
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1 section in consultation with the Chief Justice and the Justice
2 Administrative Commission.
3 Section 4. Subsection (5) of section 100.371, Florida
4 Statutes, as amended by section 28 of chapter 2005-278, Laws
5 of Florida, is amended to read:
6 100.371 Initiatives; procedure for placement on
7 ballot.--
8 (5)(a) Within 45 days after receipt of a proposed
9 revision or amendment to the State Constitution by initiative
10 petition from the Secretary of State, the Financial Impact
11 Estimating Conference shall complete an analysis and financial
12 impact statement to be placed on the ballot of the estimated
13 increase or decrease in any revenues or costs to state or
14 local governments resulting from the proposed initiative. The
15 Financial Impact Estimating Conference shall submit the
16 financial impact statement to the Attorney General and
17 Secretary of State.
18 (b)1. The Financial Impact Estimating Conference shall
19 provide an opportunity for any proponents or opponents of the
20 initiative to submit information and may solicit information
21 or analysis from any other entities or agencies, including the
22 Office of Economic and Demographic Research.
23 (c) All meetings of the Financial Impact Estimating
24 Conference shall be open to the public as provided in chapter
25 286. The President of the Senate and the Speaker of the House
26 of Representatives, jointly, shall be the sole judge for the
27 interpretation, implementation, and enforcement of this
28 subsection.
29 1.2. The Financial Impact Estimating Conference is
30 established to review, analyze, and estimate the financial
31 impact of amendments to or revisions of the State Constitution
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1 proposed by initiative. The Financial Impact Estimating
2 Conference shall consist of four principals: one person from
3 the Executive Office of the Governor; the coordinator of the
4 Office of Economic and Demographic Research, or his or her
5 designee; one person from the professional staff of the
6 Senate; and one person from the professional staff of the
7 House of Representatives. Each principal shall have
8 appropriate fiscal expertise in the subject matter of the
9 initiative. A Financial Impact Estimating Conference may be
10 appointed for each initiative.
11 2.3. Principals of the Financial Impact Estimating
12 Conference shall reach a consensus or majority concurrence on
13 a clear and unambiguous financial impact statement, no more
14 than 75 words in length, and immediately submit the statement
15 to the Attorney General. Nothing in this subsection prohibits
16 the Financial Impact Estimating Conference from setting forth
17 a range of potential impacts in the financial impact
18 statement. Any financial impact statement that a court finds
19 not to be in accordance with this section shall be remanded
20 solely to the Financial Impact Estimating Conference for
21 redrafting. The Financial Impact Estimating Conference shall
22 redraft the financial impact statement within 15 days.
23 3.4. If the members of the Financial Impact Estimating
24 Conference are unable to agree on the statement required by
25 this subsection, or if the Supreme Court has rejected the
26 initial submission by the Financial Impact Estimating
27 Conference and no redraft has been approved by the Supreme
28 Court by 5 p.m. on the 75th day before the election, the
29 following statement shall appear on the ballot pursuant to s.
30 101.161(1): "The financial impact of this measure, if any,
31 cannot be reasonably determined at this time."
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1 (d)(c) The financial impact statement must be
2 separately contained and be set forth after the ballot summary
3 as required in s. 101.161(1).
4 (e)(d)1. Any financial impact statement that the
5 Supreme Court finds not to be in accordance with this
6 subsection shall be remanded solely to the Financial Impact
7 Estimating Conference for redrafting, provided the court's
8 advisory opinion is rendered at least 75 days before the
9 election at which the question of ratifying the amendment will
10 be presented. The Financial Impact Estimating Conference shall
11 prepare and adopt a revised financial impact statement no
12 later than 5 p.m. on the 15th day after the date of the
13 court's opinion.
14 2. If, by 5 p.m. on the 75th day before the election,
15 the Supreme Court has not issued an advisory opinion on the
16 initial financial impact statement prepared by the Financial
17 Impact Estimating Conference for an initiative amendment that
18 otherwise meets the legal requirements for ballot placement,
19 the financial impact statement shall be deemed approved for
20 placement on the ballot.
21 3. In addition to the financial impact statement
22 required by this subsection, the Financial Impact Estimating
23 Conference shall draft an initiative financial information
24 statement. The initiative financial information statement
25 should describe in greater detail than the financial impact
26 statement any projected increase or decrease in revenues or
27 costs that the state or local governments would likely
28 experience if the ballot measure were approved. If
29 appropriate, the initiative financial information statement
30 may include both estimated dollar amounts and a description
31 placing the estimated dollar amounts into context. The
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1 initiative financial information statement must include both a
2 summary of not more than 500 words and additional detailed
3 information that includes the assumptions that were made to
4 develop the financial impacts, workpapers, and any other
5 information deemed relevant by the Financial Impact Estimating
6 Conference.
7 4. The Department of State shall have printed, and
8 shall furnish to each supervisor of elections, a copy of the
9 summary from the initiative financial information statements.
10 The supervisors shall have the summary from the initiative
11 financial information statements available at each polling
12 place and at the main office of the supervisor of elections
13 upon request.
14 5. The Secretary of State and the Office of Economic
15 and Demographic Research shall make available on the Internet
16 each initiative financial information statement in its
17 entirety. In addition, each supervisor of elections whose
18 office has a website shall post the summary from each
19 initiative financial information statement on the website.
20 Each supervisor shall include the Internet addresses for the
21 information statements on the Secretary of State's and the
22 Office of Economic and Demographic Research's websites in the
23 publication or mailing required by s. 101.20.
24 Section 5. Paragraph (h) of subsection (1) of section
25 216.011, Florida Statutes, is amended, and paragraph (tt) is
26 added to that subsection, to read:
27 216.011 Definitions.--
28 (1) For the purpose of fiscal affairs of the state,
29 appropriations acts, legislative budgets, and approved
30 budgets, each of the following terms has the meaning
31 indicated:
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1 (h) "Consultation" means communication to allow
2 government officials and agencies to deliberate and to seek
3 and provide advice in an open and forthright manner with the
4 full committee, a subcommittee thereof, the chair, or the
5 staff as deemed appropriate by the chair of the respective
6 appropriations committee.
7 (tt) "Long-range financial outlook" means a document
8 issued by the Legislative Budget Commission based on a 3-year
9 forecast of revenues and expenditures.
10 Section 6. Section 216.012, Florida Statutes, is
11 created to read:
12 216.012 Long-range financial outlook.--
13 (1) The commission shall develop a long-range 3-year
14 financial outlook and shall update that outlook each year.
15 (2) Each state agency shall provide information to the
16 commission, based on the commission's direction, which
17 supports the commission's development and updates of the
18 long-range financial outlook. The commission has the authority
19 to accept, modify, or direct the agency to modify any
20 information received from an agency.
21 (3) By September 15 of each year, the commission shall
22 complete the long-range financial outlook. The commission may
23 subsequently provide any additions or adjustments to the
24 outlook based on information not previously available.
25 Section 7. Subsection (12) of section 216.023, Florida
26 Statutes, is amended to read:
27 216.023 Legislative budget requests to be furnished to
28 Legislature by agencies.--
29 (12) In order to ensure an integrated state planning
30 and budgeting process, the agency long-range plan should be
31 reviewed by the Legislature. The legislative budget request
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1 instructions must provide for consistency between the agency's
2 long-range plan and the agency's legislative budget request.
3 Section 8. Section 216.065, Florida Statutes, is
4 amended to read:
5 216.065 Fiscal impact statements on actions affecting
6 the budget.--In addition to the applicable requirements of
7 chapter 120, before the Governor, or Governor and Cabinet as a
8 body, performing any constitutional or statutory duty, or
9 before any state agency or statutorily authorized entity takes
10 any final action that will affect revenues, require a request
11 for an increased or new appropriation in the following 3
12 fiscal years year, or transfer current year funds, it shall
13 first provide the joint Legislative Budget Commission and the
14 legislative appropriations committees with a fiscal impact
15 statement that details the effects of such action on the
16 budget. The fiscal impact statement must specify the estimated
17 budget and revenue impacts for the current year and the 2
18 subsequent fiscal years at the same level of detail required
19 to support a legislative budget request, including amounts by
20 appropriation category and fund.
21 Section 9. Subsection (1) of section 216.162, Florida
22 Statutes, is amended to read:
23 216.162 Governor's recommended budget to be furnished
24 Legislature; copies to members.--
25 (1) At least 30 days before the scheduled annual
26 legislative session, or at a later date if requested by the
27 Governor and approved in writing by the President of the
28 Senate and the Speaker of the House of Representatives, the
29 Governor shall furnish each senator and representative a copy
30 of his or her recommended balanced budget for the state, based
31 on the Governor's own conclusions and judgment; however, in
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1 his or her first year in office a new Governor may request,
2 subject to approval of the President of the Senate and the
3 Speaker of the House of Representatives, that his or her
4 recommended balanced budget be submitted at a later time prior
5 to the Governor's first regular legislative session.
6 Section 10. Subsection (2) of section 216.178, Florida
7 Statutes, is amended to read:
8 216.178 General Appropriations Act; format;
9 procedure.--
10 (2) The Office of Planning and Budgeting shall develop
11 a final budget report that reflects the net appropriations for
12 each budget item. The report shall reflect actual
13 expenditures for each of the 2 preceding fiscal years and the
14 estimated expenditures for the current fiscal year. In
15 addition, the report must contain the actual revenues and cash
16 balances for the preceding 2 fiscal years and the estimated
17 revenues and cash balances for the current fiscal year. The
18 report may also contain expenditure data, program objectives,
19 and program measures for each state agency program. The report
20 must be produced by the 120th day of October 15 each fiscal
21 year. A copy of the report must be made available to each
22 member of the Legislature, to the head of each state agency,
23 to the Auditor General, to the director of the Office of
24 Program Policy Analysis and Government Accountability, and to
25 the public.
26 Section 11. This act shall take effect upon the
27 effective date of the amendment to the State Constitution
28 contained in Senate Joint Resolution No. 2144, or a similar
29 constitutional amendment, relating to the state budgeting,
30 planning, and appropriations processes.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1716
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4 The Committee Substitute makes a technical correction to
publish the appropriate statute in effect on the effective
5 date of the bill.
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