Senate Bill sb2548c1
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Florida Senate - 2006 CS for SB 2548
By the Committee on Ways and Means; and Senator Carlton
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1 A bill to be entitled
2 An act relating to state financial matters;
3 amending s. 11.243, F.S.; providing for the
4 moneys collected from the sale of the Florida
5 Statutes or other publications to be deposited
6 in a specified trust fund; amending s. 11.513,
7 F.S.; requiring the Chief Justice of the
8 Supreme Court to develop program monitoring
9 plans; requiring that additional data be
10 included in the plans for monitoring major
11 programs of state agencies and the judicial
12 branch and in the reviews of those programs;
13 providing for the Office of Program Policy
14 Analysis and Government Accountability to
15 review agency and judicial branch performance
16 standards and report to the Governor, the
17 Legislature, and the Legislative Budget
18 Commission; amending s. 20.435, F.S.; revising
19 a provision relating to certain undisbursed
20 balances of appropriations from the Biomedical
21 Research Trust Fund; amending s. 215.18, F.S.;
22 requiring that the Governor provide prior
23 notice of transfers between certain funds;
24 amending s. 215.3206, F.S.; replacing
25 references to a 6-digit fund code in the
26 Florida Accounting Information Resource
27 Subsystem with a classification scheme
28 consistent with the Department of Financial
29 Services' financial systems; amending s.
30 215.3208, F.S.; revising references to conform;
31 amending s. 215.35, F.S.; revising a provision
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1 relating to the numbering of warrants issued by
2 the Chief Financial Officer; amending s.
3 215.422, F.S.; replacing a reference to certain
4 vouchers with the terms "invoice" or
5 "invoices"; clarifying that agencies or the
6 judicial branch must record and approve certain
7 invoices by a specified date; revising
8 provisions relating to the Department of
9 Financial Services' approval of payment of
10 certain invoices; providing that a vendor who
11 does not submit the appropriate federal
12 taxpayer identification documentation to the
13 department will be deemed an error on the part
14 of the vendor; revising references to conform;
15 amending s. 215.97, F.S.; removing a reference
16 to the appropriations act in a provision
17 relating to the purposes of the Florida Single
18 Audit Act; amending s. 216.011, F.S.; revising
19 the definition of "operating capital outlay";
20 defining the terms "incurred obligation" and
21 "salary rate reserve" for purposes of state
22 fiscal affairs, appropriations, and budgets;
23 amending s. 216.013, F.S.; revising
24 requirements for information regarding
25 performance measures to be included in the
26 long-range program plans of state agencies and
27 the judicial branch; revising a provision
28 relating to making adjustments to long-range
29 program plans; amending s. 216.023, F.S.;
30 revising certain requirements for legislative
31 budget requests; deleting a provision requiring
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1 agencies to maintain a certain performance
2 accountability system and provide a list of
3 performance measures; deleting a provision
4 relating to adjustments to executive agency
5 performance standards; deleting a provision
6 relating to adjustments to judicial branch
7 performance standards; amending s. 216.134,
8 F.S.; providing for the responsibility of
9 presiding over sessions of consensus estimating
10 conferences; providing for the Governor, the
11 coordinator of the Office of Economic and
12 Demographic Research, the President of the
13 Senate, and the Speaker of the House of
14 Representatives to designate principals;
15 amending s. 216.136, F.S.; deleting provisions
16 providing for the appointment of principals of
17 consensus estimating conferences; revising the
18 duties of certain agencies relating to the
19 Criminal Justice Estimating Conference, the
20 Social Services Estimating Conference, and the
21 Workforce Estimating Conference; amending s.
22 216.177, F.S.; clarifying the circumstances
23 under which the Executive Office of the
24 Governor and the Chief Justice of the Supreme
25 Court are required to provide notice to the
26 chair and vice chair of the Legislative Budget
27 Commission; amending s. 216.181, F.S.;
28 providing that amendments to certain approved
29 operating budgets are subject to objection
30 procedures; requiring that state agencies
31 submit to the chair and vice chair of the
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1 Legislative Budget Commission a plan for
2 allocating any lump-sum appropriation in a
3 budget amendment; creating s. 216.1811, F.S.;
4 providing requirements for the Governor and the
5 Chief Financial Officer relating to certain
6 approved operating budgets for the legislative
7 branch and appropriations made to the
8 legislative branch; amending s. 216.1815, F.S.;
9 revising certain requirements for the
10 performance standards included in an amended
11 operating budget plan and request submitted to
12 the Legislative Budget Commission; creating s.
13 216.1827, F.S.; requiring that each state
14 agency and the judicial branch maintain a
15 performance accountability system; requiring
16 agencies and the judicial branch to submit
17 specified information to the Executive Office
18 of the Governor and the Legislature or the
19 Office of Program Policy Analysis and
20 Government Accountability for review; providing
21 guidelines for requests to delete or amend
22 existing approved performance measures and
23 standards; specifying authority of the
24 Legislature relating to agency and judicial
25 branch performance measures and standards;
26 amending s. 216.251, F.S.; prohibiting an
27 agency from providing salary increases or pay
28 additives for certain positions without
29 legislative authorization; amending s. 216.292,
30 F.S.; providing that certain transfers between
31 budget entities are subject to objection
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1 procedures; clarifying provisions authorizing
2 certain transfers of appropriations from trust
3 funds; providing that requirements of specified
4 provisions relating to appropriations being
5 nontransferable do not apply to legislative
6 branch budgets; amending s. 216.301, F.S.;
7 revising the requirements for undisbursed
8 balances of appropriations; revising a
9 procedure for identifying and paying incurred
10 obligations; clarifying requirements governing
11 unexpended balances of appropriations; removing
12 a provision relating to notification to retain
13 certain balances from legislative budget
14 entities; amending s. 252.37, F.S.; providing
15 that a transfer of moneys with a budget
16 amendment following a state of emergency is
17 subject to approval by the Legislative Budget
18 Commission; amending s. 273.02, F.S.; revising
19 a definition; requiring the Chief Financial
20 Officer to establish certain requirements by
21 rule relating to the recording and inventory of
22 certain state-owned property; creating s.
23 273.025, F.S.; requiring the Chief Financial
24 Officer to establish by rule certain
25 requirements relating to the capitalization of
26 certain property; amending s. 273.055, F.S.;
27 revising responsibility for rules relating to
28 maintaining records as to disposition of
29 state-owned tangible personal property;
30 revising a provision relating to use of moneys
31 received from the disposition of state-owned
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1 tangible personal property; amending s. 274.02,
2 F.S.; revising a definition; requiring the
3 Chief Financial Officer to establish by rule
4 requirements relating to the recording and
5 inventory of certain property owned by local
6 governments; amending s. 338.2216, F.S.;
7 revising requirements relating to unexpended
8 funds appropriated or provided for the Florida
9 Turnpike Enterprise; amending s. 1011.57, F.S.;
10 revising requirements relating to unexpended
11 funds appropriated to the Florida School for
12 the Deaf and the Blind; repealing s. 215.29,
13 F.S., relating to the classification of Chief
14 Financial Officer's warrants; providing
15 effective dates.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (3) of section 11.243, Florida
20 Statutes, is amended to read:
21 11.243 Publishing Florida Statutes; price, sale.--
22 (3) All moneys collected from the sale of the Florida
23 Statutes or other publications shall be deposited in the
24 Grants and Donations Trust Fund within the Legislature State
25 Treasury and credited to the appropriation for legislative
26 expense.
27 Section 2. Subsections (2) and (3) of section 11.513,
28 Florida Statutes, are amended, present subsections (5) and (6)
29 of that section are renumbered as subsections (6) and (7),
30 respectively, and a new subsection (5) is added to that
31 section, to read:
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1 11.513 Program evaluation and justification review.--
2 (2) A state agency's inspector general, internal
3 auditor, or other person designated by the agency head or the
4 Chief Justice of the Supreme Court shall develop, in
5 consultation with the Office of Program Policy Analysis and
6 Government Accountability, a plan for monitoring and reviewing
7 the state agency's or the judicial branch's major programs to
8 ensure that performance measures and standards, as well as
9 baseline and previous-year performance data, are maintained
10 and supported by agency records.
11 (3) The program evaluation and justification review
12 shall be conducted on major programs, but may include other
13 programs. The review shall be comprehensive in its scope but,
14 at a minimum, must be conducted in such a manner as to
15 specifically determine the following, and to consider and
16 determine what changes, if any, are needed with respect
17 thereto:
18 (a) The identifiable cost of each program.
19 (b) The specific purpose of each program, as well as
20 the specific public benefit derived therefrom.
21 (c) Progress toward achieving the outputs and outcomes
22 associated with each program.
23 (d) An explanation of circumstances contributing to
24 the state agency's ability to achieve, not achieve, or exceed
25 its projected outputs and outcomes, as defined in s. 216.011,
26 associated with each program.
27 (e) Alternate courses of action that would result in
28 administration of the same program in a more efficient or
29 effective manner. The courses of action to be considered must
30 include, but are not limited to:
31
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1 1. Whether the program could be organized in a more
2 efficient and effective manner, whether the program's mission,
3 goals, or objectives should be redefined, or, when the state
4 agency cannot demonstrate that its efforts have had a positive
5 effect, whether the program should be reduced in size or
6 eliminated.
7 2. Whether the program could be administered more
8 efficiently or effectively to avoid duplication of activities
9 and ensure that activities are adequately coordinated.
10 3. Whether the program could be performed more
11 efficiently or more effectively by another unit of government
12 or a private entity, or whether a program performed by a
13 private entity could be performed more efficiently and
14 effectively by a state agency.
15 4. When compared to costs, whether effectiveness
16 warrants elimination of the program or, if the program serves
17 a limited interest, whether it should be redesigned to require
18 users to finance program costs.
19 5. Whether the cost to administer the program exceeds
20 license and other fee revenues paid by those being regulated.
21 6. Whether other changes could improve the efficiency
22 and effectiveness of the program.
23 (f) The consequences of discontinuing such program. If
24 any discontinuation is recommended, such recommendation must
25 be accompanied by a description of alternatives to implement
26 such recommendation, including an implementation schedule for
27 discontinuation and recommended procedures for assisting state
28 agency employees affected by the discontinuation.
29 (g) Determination as to public policy, which may
30 include recommendations as to whether it would be sound public
31
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1 policy to continue or discontinue funding the program, either
2 in whole or in part, in the existing manner.
3 (h) Whether current performance measures and standards
4 should be reviewed or amended to assist agencies' and the
5 judicial branch's efforts in achieving outputs and outcome
6 measures.
7 (i)(h) Whether the information reported as part of the
8 state's performance-based program budgeting system has
9 relevance and utility for the evaluation of each program.
10 (j)(i) Whether state agency management has established
11 control systems sufficient to ensure that performance data are
12 maintained and supported by state agency records and
13 accurately presented in state agency performance reports.
14 (5) The Office of Program Policy Analysis and
15 Government Accountability may perform evaluation and
16 justification reviews when necessary and as directed by the
17 Legislature in order to determine whether current agency and
18 judicial branch performance measures and standards are
19 adequate. Reports concerning the evaluation and review of
20 agency performance measures and standards shall be submitted
21 to the Executive Office of the Governor, the President of the
22 Senate, the Speaker of the House of Representatives, and the
23 chair and vice chair of the Legislative Budget Commission.
24 Section 3. Paragraph (h) of subsection (1) of section
25 20.435, Florida Statutes, is amended to read:
26 20.435 Department of Health; trust funds.--
27 (1) The following trust funds are hereby created, to
28 be administered by the Department of Health:
29 (h) Biomedical Research Trust Fund.
30 1. Funds to be credited to the trust fund shall
31 consist of funds deposited pursuant to s. 215.5601. Funds
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1 shall be used for the purposes of the James and Esther King
2 Biomedical Research Program as specified in ss. 215.5602 and
3 288.955. The trust fund is exempt from the service charges
4 imposed by s. 215.20.
5 2. Notwithstanding the provisions of s. 216.301 and
6 pursuant to s. 216.351, any balance in the trust fund at the
7 end of any fiscal year shall remain in the trust fund at the
8 end of the year and shall be available for carrying out the
9 purposes of the trust fund. The department may invest these
10 funds independently through the Chief Financial Officer or may
11 negotiate a trust agreement with the State Board of
12 Administration for the investment management of any balance in
13 the trust fund.
14 3. Notwithstanding s. 216.301 and pursuant to s.
15 216.351, any balance of any appropriation from the Biomedical
16 Research Trust Fund which is not disbursed but which is
17 obligated pursuant to contract or committed to be expended may
18 be carried forward certified by the Governor for up to 3 years
19 following the effective date of the original appropriation.
20 4. The trust fund shall, unless terminated sooner, be
21 terminated on July 1, 2008.
22 Section 4. Section 215.18, Florida Statutes, is
23 amended to read:
24 215.18 Transfers between funds; limitation.--Whenever
25 there exists in any fund provided for by s. 215.32 a
26 deficiency which would render such fund insufficient to meet
27 its just requirements, and there shall exist in the other
28 funds in the State Treasury moneys which are for the time
29 being or otherwise in excess of the amounts necessary to meet
30 the just requirements of such last-mentioned funds, the
31 Governor may order a temporary transfer of moneys from one
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1 fund to another in order to meet temporary deficiencies in a
2 particular fund without resorting to the necessity of
3 borrowing money and paying interest thereon. Any action
4 proposed under this section is subject to the notice and
5 objection procedures set forth in s. 216.177, and the Governor
6 shall provide notice of such action at least 7 days prior to
7 the effective date of the transfer of funds.
8 (1) Except as otherwise provided in s.
9 216.222(1)(a)2., the fund from which any money is temporarily
10 transferred shall be repaid the amount transferred from it not
11 later than the end of the fiscal year in which such transfer
12 is made, the date of repayment to be specified in the order of
13 the Governor.
14 (2) Notwithstanding subsection (1) and for the
15 2005-2006 fiscal year only, the repayment period for funds
16 temporarily transferred in fiscal year 2004-2005 to meet
17 deficiencies resulting from hurricanes striking this state in
18 2004 may be extended until grants awarded by the Federal
19 Emergency Management Agency for FEMA Disaster Declarations
20 1539-DR-FL, 1545-DR-FL, 1551-DR-FL, and 1561-DR-FL are
21 received. This subsection expires July 1, 2006.
22 Section 5. Subsections (2) and (4) of section
23 215.3206, Florida Statutes, are amended to read:
24 215.3206 Trust funds; termination or re-creation.--
25 (2) If the trust fund is terminated and not
26 immediately re-created, all cash balances and income of the
27 trust fund shall be deposited into the General Revenue Fund.
28 The agency or Chief Justice shall pay any outstanding debts of
29 the trust fund as soon as practicable, and the Chief Financial
30 Officer shall close out and remove the trust fund from the
31 various state financial accounting systems, using generally
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1 accepted accounting practices concerning warrants outstanding,
2 assets, and liabilities. No appropriation or budget amendment
3 shall be construed to authorize any encumbrance of funds from
4 a trust fund after the date on which the trust fund is
5 terminated or is judicially determined to be invalid.
6 (4) For the purposes of this section, the Governor,
7 Chief Justice, and agencies shall review the trust funds as
8 they are identified by a classification scheme set out in the
9 legislative budget request instructions pursuant to s. 216.023
10 consistent with the Department of Financial Services'
11 financial systems by a unique 6-digit code in the Florida
12 Accounting Information Resource Subsystem at a level composed
13 of the 2-digit organization level 1, the 1-digit state fund
14 type 2, and the first three digits of the fund identifier. The
15 Governor, Chief Justice, and agencies may also conduct their
16 review and make recommendations concerning accounts within
17 such trust funds.
18 Section 6. Subsection (1) and paragraph (a) of
19 subsection (2) of section 215.3208, Florida Statutes, are
20 amended to read:
21 215.3208 Trust funds; legislative review.--
22 (1) In order to implement s. 19(f), Art. III of the
23 State Constitution, for the purpose of reviewing trust funds
24 prior to their automatic termination pursuant to the
25 provisions of s. 19(f)(2), Art. III of the State Constitution,
26 the Legislature shall review all state trust funds at least
27 once every 4 years. The schedule for such review may be
28 included in the legislative budget instructions developed
29 pursuant to the requirements of s. 216.023. The Legislature
30 shall review trust funds as they are identified by a
31 classification scheme set out in the legislative budget
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1 request instructions pursuant to s. 216.023 consistent with
2 the Department of Financial Services' financial systems by a
3 unique 6-digit code in the Florida Accounting Information
4 Resource Subsystem at a level composed of the 2-digit
5 organization level 1, the 1-digit state fund type 2, and the
6 first three digits of the fund identifier. When a statutorily
7 created trust fund that was in existence on November 4, 1992,
8 has more than one fund 6-digit code in the financial systems,
9 the Legislature may treat it as a single trust fund for the
10 purposes of this section. The Legislature may also conduct its
11 review concerning accounts within such trust funds.
12 (2)(a) When the Legislature terminates a trust fund,
13 the agency or branch of state government that administers the
14 trust fund shall pay any outstanding debts or obligations of
15 the trust fund as soon as practicable, and the Chief Financial
16 Officer shall close out and remove the trust fund from the
17 various state financial accounting systems, using generally
18 accepted accounting principles concerning assets, liabilities,
19 and warrants outstanding.
20 Section 7. Section 215.35, Florida Statutes, is
21 amended to read:
22 215.35 State funds; warrants and their issuance.--All
23 warrants issued by the Chief Financial Officer shall be
24 numbered in a manner that uniquely identifies each warrant for
25 audit and reconciliation purposes chronological order
26 commencing with number one in each fiscal year and each
27 warrant shall refer to the Chief Financial Officer's voucher
28 by the number thereof, which voucher shall also be numbered as
29 above set forth. Each warrant shall state the name of the
30 payee thereof and the amount allowed, and said warrant shall
31 be stated in words at length. No warrant shall issue until
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1 same has been authorized by an appropriation made by law but
2 such warrant need not state or set forth such authorization.
3 The Chief Financial Officer shall register and maintain a
4 record of each warrant in his or her office. The record shall
5 show the funds, accounts, purposes, and departments involved
6 in the issuance of each warrant. In those instances where the
7 expenditure of funds of regulatory boards or commissions has
8 been provided for by laws other than the annual appropriations
9 bill, warrants shall be issued upon requisition to the Chief
10 Financial Officer by the governing body of such board or
11 commission.
12 Section 8. Subsections (1) and (2), paragraphs (a) and
13 (b) of subsection (3), and subsection (6) of section 215.422,
14 Florida Statutes, are amended to read:
15 215.422 Payments, warrants, vouchers, and invoices;
16 processing time limits; dispute resolution; agency or judicial
17 branch compliance.--
18 (1) The voucher authorizing payment of An invoice
19 submitted to an agency of the state or the judicial branch,
20 required by law to be filed with the Chief Financial Officer,
21 shall be recorded in the financial systems of the state,
22 approved for payment by the agency or the judicial branch, and
23 filed with the Chief Financial Officer not later than 20 days
24 after receipt of the invoice and receipt, inspection, and
25 approval of the goods or services, except that in the case of
26 a bona fide dispute the invoice recorded in the financial
27 systems of the state voucher shall contain a statement of the
28 dispute and authorize payment only in the amount not disputed.
29 The Chief Financial Officer may establish dollar thresholds
30 and other criteria for all invoices and may delegate to a
31 state agency or the judicial branch responsibility for
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1 maintaining the official invoices vouchers and documents for
2 invoices which do not exceed the thresholds or which meet the
3 established criteria. Such records shall be maintained in
4 accordance with the requirements established by the Secretary
5 of State. The transmission of an approved invoice recorded in
6 the financial systems of the state electronic payment request
7 transmission to the Chief Financial Officer shall constitute
8 filing of a request voucher for payment of invoices for which
9 the Chief Financial Officer has delegated to an agency custody
10 of official records. Approval and inspection of goods or
11 services shall take no longer than 5 working days unless the
12 bid specifications, purchase order, or contract specifies
13 otherwise. If an invoice a voucher filed within the 20-day
14 period is returned by the Department of Financial Services
15 because of an error, it shall nevertheless be deemed timely
16 filed. The 20-day filing requirement may be waived in whole or
17 in part by the Department of Financial Services on a showing
18 of exceptional circumstances in accordance with rules and
19 regulations of the department. For the purposes of determining
20 the receipt of invoice date, the agency or the judicial branch
21 is deemed to receive an invoice on the date on which a proper
22 invoice is first received at the place designated by the
23 agency or the judicial branch. The agency or the judicial
24 branch is deemed to receive an invoice on the date of the
25 invoice if the agency or the judicial branch has failed to
26 annotate the invoice with the date of receipt at the time the
27 agency or the judicial branch actually received the invoice or
28 failed at the time the order is placed or contract made to
29 designate a specific location to which the invoice must be
30 delivered.
31
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1 (2) The Department of Financial Services shall approve
2 payment of an invoice no later than 10 days after the agency's
3 filing of the approved invoice The warrant in payment of an
4 invoice submitted to an agency of the state or the judicial
5 branch shall be issued not later than 10 days after filing of
6 the voucher authorizing payment. However, this requirement may
7 be waived in whole or in part by the Department of Financial
8 Services on a showing of exceptional circumstances in
9 accordance with rules and regulations of the department. If
10 the 10-day period contains fewer than 6 working days, the
11 Department of Financial Services shall be deemed in compliance
12 with this subsection if the payment is approved warrant is
13 issued within 6 working days without regard to the actual
14 number of calendar days. For purposes of this section, a
15 payment is deemed to be issued on the first working day that
16 payment is available for delivery or mailing to the vendor.
17 (3)(a) Each agency of the state or the judicial branch
18 which is required by law to file invoices vouchers with the
19 Chief Financial Officer shall keep a record of the date of
20 receipt of the invoice; dates of receipt, inspection, and
21 approval of the goods or services; date of filing of the
22 approved invoice voucher; and date of issuance of the warrant
23 in payment thereof. If the invoice voucher is not filed or the
24 warrant is not issued within the time required, an explanation
25 in writing by the agency head or the Chief Justice shall be
26 submitted to the Department of Financial Services in a manner
27 prescribed by it. Agencies and the judicial branch shall
28 continue to deliver or mail state payments promptly.
29 (b) If a warrant in payment of an invoice is not
30 issued within 40 days after receipt of the invoice and
31 receipt, inspection, and approval of the goods and services,
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1 the agency or judicial branch shall pay to the vendor, in
2 addition to the amount of the invoice, interest at a rate as
3 established pursuant to s. 55.03(1) on the unpaid balance from
4 the expiration of such 40-day period until such time as the
5 warrant is issued to the vendor. Such interest shall be added
6 to the invoice at the time of submission to the Chief
7 Financial Officer for payment whenever possible. If addition
8 of the interest penalty is not possible, the agency or
9 judicial branch shall pay the interest penalty payment within
10 15 days after issuing the warrant. The provisions of this
11 paragraph apply only to undisputed amounts for which payment
12 has been authorized. Disputes shall be resolved in accordance
13 with rules developed and adopted by the Chief Justice for the
14 judicial branch, and rules adopted by the Department of
15 Financial Services or in a formal administrative proceeding
16 before an administrative law judge of the Division of
17 Administrative Hearings for state agencies, provided that, for
18 the purposes of ss. 120.569 and 120.57(1), no party to a
19 dispute involving less than $1,000 in interest penalties shall
20 be deemed to be substantially affected by the dispute or to
21 have a substantial interest in the decision resolving the
22 dispute. In the case of an error on the part of the vendor,
23 the 40-day period shall begin to run upon receipt by the
24 agency or the judicial branch of a corrected invoice or other
25 remedy of the error. For purposes of this section, the
26 non-submittal of the appropriate federal taxpayer
27 identification documentation to the Department of Financial
28 Services by the vendor will be deemed an error on the part of
29 the vendor and the vendor will be required to submit the
30 appropriate federal taxpayer documentation in order to remedy
31 the error. The provisions of this paragraph do not apply when
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1 the filing requirement under subsection (1) or subsection (2)
2 has been waived in whole by the Department of Financial
3 Services. The various state agencies and the judicial branch
4 shall be responsible for initiating the penalty payments
5 required by this subsection and shall use this subsection as
6 authority to make such payments. The budget request submitted
7 to the Legislature shall specifically disclose the amount of
8 any interest paid by any agency or the judicial branch
9 pursuant to this subsection. The temporary unavailability of
10 funds to make a timely payment due for goods or services does
11 not relieve an agency or the judicial branch from the
12 obligation to pay interest penalties under this section.
13 (6) The Department of Financial Services shall monitor
14 each agency's and the judicial branch's compliance with the
15 time limits and interest penalty provisions of this section.
16 The department shall provide a report to an agency or to the
17 judicial branch if the department determines that the agency
18 or the judicial branch has failed to maintain an acceptable
19 rate of compliance with the time limits and interest penalty
20 provisions of this section. The department shall establish
21 criteria for determining acceptable rates of compliance. The
22 report shall also include a list of late invoices vouchers or
23 payments, the amount of interest owed or paid, and any
24 corrective actions recommended. The department shall perform
25 monitoring responsibilities, pursuant to this section, using
26 the Department of Financial Services' financial systems
27 Management Services and Purchasing Subsystem or the Florida
28 Accounting Information Resource Subsystem provided in s.
29 215.94. Each agency and the judicial branch shall be
30 responsible for the accuracy of information entered into the
31 Department of Management Services' procurement system
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1 Management Services and Purchasing Subsystem and the
2 Department of Financial Services' financial systems Florida
3 Accounting Information Resource Subsystem for use in this
4 monitoring.
5 Section 9. Paragraph (d) of subsection (1) of section
6 215.97, Florida Statutes, is amended to read:
7 215.97 Florida Single Audit Act.--
8 (1) The purposes of the section are to:
9 (d) Provide for identification of state financial
10 assistance transactions in the appropriations act, state
11 accounting records, and recipient organization records.
12 Section 10. Effective upon this act becoming a law,
13 paragraph (bb) of subsection (1) of section 216.011, Florida
14 Statutes, is amended, and paragraphs (tt) and (uu) are added
15 to that subsection, to read:
16 216.011 Definitions.--
17 (1) For the purpose of fiscal affairs of the state,
18 appropriations acts, legislative budgets, and approved
19 budgets, each of the following terms has the meaning
20 indicated:
21 (bb) "Operating capital outlay" means the
22 appropriation category used to fund equipment, fixtures, and
23 other tangible personal property of a nonconsumable and
24 nonexpendable nature under s. 273.025, according to the value
25 or cost specified in s. 273.02.
26 (tt) "Incurred obligation" means a legal obligation
27 for goods or services that have been contracted for, referred
28 to as an encumbrance in the state's financial system, or
29 received or incurred by the state and referred to as a payable
30 in the state's financial system.
31
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1 (uu) "Salary rate reserve" means the withholding of a
2 portion of the annual salary rate for a specific purpose.
3 Section 11. Paragraphs (h) through (k) are added to
4 subsection (1) of section 216.013, Florida Statutes, and
5 subsection (5) of that section is amended, to read:
6 216.013 Long-range program plan.--State agencies and
7 the judicial branch shall develop long-range program plans to
8 achieve state goals using an interagency planning process that
9 includes the development of integrated agency program service
10 outcomes. The plans shall be policy based, priority driven,
11 accountable, and developed through careful examination and
12 justification of all agency and judicial branch programs.
13 (1) Long-range program plans shall provide the
14 framework for the development of budget requests and shall
15 identify or update:
16 (h) Legislatively approved output and outcome
17 performance measures.
18 (i) Performance standards for each performance measure
19 and justification for the standards and the sources of data to
20 be used for measurement.
21 (j) Prior-year performance data on approved
22 performance measures and an explanation of deviation from
23 expected performance. Performance data must be assessed for
24 reliability in accordance with s. 20.055.
25 (k) Proposed performance incentives and disincentives.
26 (5) Following the adoption of the annual General
27 Appropriations Act, The state agencies and the judicial branch
28 shall make appropriate adjustments to their long-range program
29 plans, excluding adjustments to performance measures and
30 standards, to be consistent with the appropriations and
31 performance measures in the General Appropriations Act and
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1 legislation implementing the General Appropriations Act.
2 Agencies and the judicial branch have 30 days subsequent to
3 the effective date of the General Appropriations Act and
4 implementing legislation until June 30 to make adjustments to
5 their plans as posted on their Internet websites.
6 Section 12. Paragraph (a) of subsection (4) and
7 subsections (5), (6), and (8) of section 216.023, Florida
8 Statutes, are amended, and subsections (7), (9), (10), (11),
9 and (12) are renumbered as subsections (5), (6), (7), (8), and
10 (9), respectively, to read:
11 216.023 Legislative budget requests to be furnished to
12 Legislature by agencies.--
13 (4)(a) The legislative budget request must contain for
14 each program:
15 1. The constitutional or statutory authority for a
16 program, a brief purpose statement, and approved program
17 components.
18 2. Information on expenditures for 3 fiscal years
19 (actual prior-year expenditures, current-year estimated
20 expenditures, and agency budget requested expenditures for the
21 next fiscal year) by appropriation category.
22 3. Details on trust funds and fees.
23 4. The total number of positions (authorized, fixed,
24 and requested).
25 5. An issue narrative describing and justifying
26 changes in amounts and positions requested for current and
27 proposed programs for the next fiscal year.
28 6. Information resource requests.
29 7. Legislatively approved Output and outcome
30 performance measures and any proposed revisions to measures.
31
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1 8. Proposed performance standards for each performance
2 measure and justification for the standards and the sources of
3 data to be used for measurement.
4 9. Prior-year performance data on approved performance
5 measures and an explanation of deviation from expected
6 performance. Performance data must be assessed for reliability
7 in accordance with s. 20.055.
8 10. Proposed performance incentives and disincentives.
9 7.11. Supporting information, including applicable
10 cost-benefit analyses, business case analyses, performance
11 contracting procedures, service comparisons, and impacts on
12 performance standards for any request to outsource or
13 privatize agency functions.
14 8.12. An evaluation of any major outsourcing and
15 privatization initiatives undertaken during the last 5 fiscal
16 years having aggregate expenditures exceeding $10 million
17 during the term of the contract. The evaluation shall include
18 an assessment of contractor performance, a comparison of
19 anticipated service levels to actual service levels, and a
20 comparison of estimated savings to actual savings achieved.
21 Consolidated reports issued by the Department of Management
22 Services may be used to satisfy this requirement.
23 (5) Agencies must maintain a comprehensive performance
24 accountability system and provide a list of performance
25 measures maintained by the agency which are in addition to the
26 measures approved by the Legislature.
27 (6) Annually, by June 30, executive agencies shall
28 submit to the Executive Office of the Governor adjustments to
29 their performance standards based on the amounts appropriated
30 for each program by the Legislature. When such an adjustment
31 is made, all performance standards, including any adjustments
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1 made, shall be reviewed and revised as necessary by the
2 Executive Office of the Governor and, upon approval, submitted
3 to the Legislature pursuant to the review and approval process
4 provided in s. 216.177. The Senate and the House of
5 Representatives appropriations committees shall advise Senate
6 substantive committees and House of Representatives
7 substantive committees, respectively, of all adjustments made
8 to performance standards or measures. The Executive Office of
9 the Governor shall maintain the official record of adjustments
10 to the performance standards. As used in this section, the
11 term "official record" means the official compilation of
12 information about state agency performance-based programs and
13 measures, including approved programs, approved outputs and
14 outcomes, baseline data, approved standards for each
15 performance measure and any approved adjustments thereto, as
16 well as actual agency performance for each measure.
17 (8) Annually, by June 30, the judicial branch shall
18 make adjustments to any performance standards for approved
19 programs based on the amount appropriated for each program,
20 which shall be submitted to the Legislature pursuant to the
21 notice and review process provided in s. 216.177. The Senate
22 and the House of Representatives appropriations committees
23 shall advise Senate substantive committees and House
24 substantive committees, respectively, of all adjustments made
25 to performance standards or measures.
26 Section 13. Paragraph (a) of subsection (4) of section
27 216.134, Florida Statutes, is amended, and paragraph (c) is
28 added to that subsection, to read:
29 216.134 Consensus estimating conferences; general
30 provisions.--
31
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1 (4) Consensus estimating conferences are within the
2 legislative branch. The membership of each consensus
3 estimating conference consists of principals and participants.
4 (a) A person designated by law as a principal may
5 preside over conference sessions, convene conference sessions,
6 request information, specify topics to be included on the
7 conference agenda, agree or withhold agreement on whether
8 information is to be official information of the conference,
9 release official information of the conference, interpret
10 official information of the conference, and monitor errors in
11 official information of the conference. The responsibility of
12 presiding over sessions of the conference shall be rotated
13 among the principals.
14 (c) The principals of each conference shall be
15 professional staff of the Executive Office of the Governor
16 designated by the Governor, the coordinator of the Office of
17 Economic and Demographic Research, professional staff of the
18 Senate designated by the President of the Senate, and
19 professional staff of the House of Representatives designated
20 by the Speaker of the House of Representatives. The
21 coordinator of the Office of Economic and Demographic Research
22 may designate other professional staff within that office to
23 act as principals on the conferences.
24 Section 14. Section 216.136, Florida Statutes, is
25 amended to read:
26 216.136 Consensus estimating conferences; duties and
27 principals.--
28 (1) ECONOMIC ESTIMATING CONFERENCE.--
29 (a) Duties.--The Economic Estimating Conference shall
30 develop such official information with respect to the national
31 and state economies as the conference determines is needed for
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1 the state planning and budgeting system. The basic, long-term
2 forecasts which are a part of its official information shall
3 be trend forecasts. However, the conference may include cycle
4 forecasts as a part of its official information if the subject
5 matter of the forecast warrants a cycle forecast and if such
6 forecast is developed in a special impact session of the
7 conference.
8 (b) Principals.--The Executive Office of the Governor,
9 the coordinator of the Office of Economic and Demographic
10 Research, and professional staff of the Senate and House of
11 Representatives who have forecasting expertise, or their
12 designees, are the principals of the Economic Estimating
13 Conference. The responsibility of presiding over sessions of
14 the conference shall be rotated among the principals.
15 (2) DEMOGRAPHIC ESTIMATING CONFERENCE.--
16 (a) Duties.--The Demographic Estimating Conference
17 shall develop such official information with respect to the
18 population of the nation and state by age, race, and sex as
19 the conference determines is needed for the state planning and
20 budgeting system. The conference shall use the official
21 population estimates provided under s. 186.901 in developing
22 its official information.
23 (b) Principals.--The Executive Office of the Governor,
24 the coordinator of the Office of Economic and Demographic
25 Research, and professional staff of the Senate and House of
26 Representatives who have forecasting expertise, or their
27 designees, are the principals of the Demographic Estimating
28 Conference. The responsibility of presiding over sessions of
29 the conference shall be rotated among the principals.
30 (3) REVENUE ESTIMATING CONFERENCE.--
31
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1 (a) Duties.--The Revenue Estimating Conference shall
2 develop such official information with respect to anticipated
3 state and local government revenues as the conference
4 determines is needed for the state planning and budgeting
5 system. Any principal may request the conference to review
6 and estimate revenues for any trust fund.
7 (b) Principals.--The Executive Office of the Governor,
8 the coordinator of the Office of Economic and Demographic
9 Research, and professional staff of the Senate and House of
10 Representatives who have forecasting expertise, or their
11 designees, are the principals of the Revenue Estimating
12 Conference. The responsibility of presiding over sessions of
13 the conference shall be rotated among the principals.
14 (4) EDUCATION ESTIMATING CONFERENCE.--
15 (a) Duties.--The Education Estimating Conference shall
16 develop such official information relating to the state public
17 and private educational system, including forecasts of student
18 enrollments, the number of students qualified for state
19 financial aid programs and for the William L. Boyd, IV,
20 Florida Resident Access Grant Program and the appropriation
21 required to fund the full award amounts for each program,
22 fixed capital outlay needs, and Florida Education Finance
23 Program formula needs, as the conference determines is needed
24 for the state planning and budgeting system. The conference's
25 initial projections of enrollments in public schools shall be
26 forwarded by the conference to each school district no later
27 than 2 months prior to the start of the regular session of the
28 Legislature. Each school district may, in writing, request
29 adjustments to the initial projections. Any adjustment
30 request shall be submitted to the conference no later than 1
31 month prior to the start of the regular session of the
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1 Legislature and shall be considered by the principals of the
2 conference. A school district may amend its adjustment
3 request, in writing, during the first 3 weeks of the
4 legislative session, and such amended adjustment request shall
5 be considered by the principals of the conference. For any
6 adjustment so requested, the district shall indicate and
7 explain, using definitions adopted by the conference, the
8 components of anticipated enrollment changes that correspond
9 to continuation of current programs with workload changes;
10 program improvement; program reduction or elimination;
11 initiation of new programs; and any other information that may
12 be needed by the Legislature. For public schools, the
13 conference shall submit its full-time equivalent student
14 consensus estimate to the Legislature no later than 1 month
15 after the start of the regular session of the Legislature. No
16 conference estimate may be changed without the agreement of
17 the full conference.
18 (b) Adjustments.--No later than 2 months prior to the
19 start of the regular session of the Legislature, the
20 conference shall forward to each eligible postsecondary
21 education institution its initial projections of the number of
22 students qualified for state financial aid programs and the
23 appropriation required to fund those students at the full
24 award amount. Each postsecondary education institution may
25 request, in writing, adjustments to the initial projection.
26 Any adjustment request must be submitted to the conference no
27 later than 1 month prior to the start of the regular session
28 of the Legislature and shall be considered by the principals
29 of the conference. For any adjustment so requested, the
30 postsecondary education institution shall indicate and
31 explain, using definitions adopted by the conference, the
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1 components of anticipated changes that correspond to
2 continuation of current programs with enrollment changes,
3 program reduction or elimination, initiation of new programs,
4 award amount increases or decreases, and any other information
5 that is considered by the conference. The conference shall
6 submit its consensus estimate to the Legislature no later than
7 1 month after the start of the regular session of the
8 Legislature. No conference estimate may be changed without the
9 agreement of the full conference.
10 (c) Principals.--The Commissioner of Education, the
11 Executive Office of the Governor, the coordinator of the
12 Office of Economic and Demographic Research, and professional
13 staff of the Senate and House of Representatives who have
14 forecasting expertise, or their designees, are the principals
15 of the Education Estimating Conference. The Commissioner of
16 Education or his or her designee shall preside over sessions
17 of the conference.
18 (5) CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
19 (a) Duties.--The Criminal Justice Estimating
20 Conference shall:
21 (a)1. Develop such official information relating to
22 the criminal justice system, including forecasts of prison
23 admissions and population and of supervised felony offender
24 admissions and population, as the conference determines is
25 needed for the state planning and budgeting system.
26 (b)2. Develop such official information relating to
27 the number of eligible discharges and the projected number of
28 civil commitments for determining space needs pursuant to the
29 civil proceedings provided under part V of chapter 394.
30 (c)3. Develop official information relating to the
31 number of sexual offenders and sexual predators who are
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1 required by law to be placed on community control, probation,
2 or conditional release who are subject to electronic
3 monitoring. In addition, the Office of Economic and
4 Demographic Research shall study the factors relating to the
5 sentencing of sex offenders from the point of arrest through
6 the imposition of sanctions by the sentencing court, including
7 original charges, plea negotiations, trial dispositions, and
8 sanctions. The Department of Corrections, the Office of the
9 State Courts Administrator, the Florida Department of Law
10 Enforcement, and the state attorneys shall provide information
11 deemed necessary for the study. The final report shall be
12 provided to the President of the Senate and the Speaker of the
13 House of Representatives by March 1, 2006.
14 (b) Principals.--The Executive Office of the Governor,
15 the coordinator of the Office of Economic and Demographic
16 Research, and professional staff, who have forecasting
17 expertise, from the Senate, the House of Representatives, and
18 the Supreme Court, or their designees, are the principals of
19 the Criminal Justice Estimating Conference. The principal
20 representing the Executive Office of the Governor shall
21 preside over sessions of the conference.
22 (6) SOCIAL SERVICES ESTIMATING CONFERENCE.--
23 (a) Duties.--
24 (a)1. The Social Services Estimating Conference shall
25 develop such official information relating to the social
26 services system of the state, including forecasts of social
27 services caseloads, utilization, and expenditures, as the
28 conference determines is needed for the state planning and
29 budgeting system. Such official information shall include,
30 but not be limited to, cash assistance and Medicaid caseloads.
31
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1 (b)2. The Social Services Estimating Conference shall
2 develop information relating to the Florida Kidcare program,
3 including, but not limited to, outreach impacts, enrollment,
4 caseload, utilization, and expenditure information that the
5 conference determines is needed to plan for and project future
6 budgets and the drawdown of federal matching funds. The
7 agencies required to collect and analyze Florida Kidcare
8 program data under s. 409.8134 shall be participants in the
9 Social Services Estimating Conference for purposes of
10 developing information relating to the Florida Kidcare
11 program.
12 (b) Principals.--The Executive Office of the Governor,
13 the coordinator of the Office of Economic and Demographic
14 Research, professional staff who have forecasting expertise
15 from the Department of Children and Family Services, the
16 Agency for Health Care Administration, the Senate, and the
17 House of Representatives, or their designees, are the
18 principals of the Social Services Estimating Conference. The
19 principal representing the Executive Office of the Governor
20 shall preside over sessions of the conference.
21 (7) WORKFORCE ESTIMATING CONFERENCE.--
22 (a) Duties.--
23 (a)1. The Workforce Estimating Conference shall
24 develop such official information on the workforce development
25 system planning process as it relates to the personnel needs
26 of current, new, and emerging industries as the conference
27 determines is needed by the state planning and budgeting
28 system. Such information, using quantitative and qualitative
29 research methods, must include at least: short-term and
30 long-term forecasts of employment demand for jobs by
31 occupation and industry; entry and average wage forecasts
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1 among those occupations; and estimates of the supply of
2 trained and qualified individuals available or potentially
3 available for employment in those occupations, with special
4 focus upon those occupations and industries which require high
5 skills and have high entry wages and experienced wage levels.
6 In the development of workforce estimates, the conference
7 shall use, to the fullest extent possible, local occupational
8 and workforce forecasts and estimates.
9 (b)2. The Workforce Estimating Conference shall review
10 data concerning the local and regional demands for short-term
11 and long-term employment in High-Skills/High-Wage Program
12 jobs, as well as other jobs, which data is generated through
13 surveys conducted as part of the state's Internet-based job
14 matching and labor market information system authorized under
15 s. 445.011. The conference shall consider such data in
16 developing its forecasts for statewide employment demand,
17 including reviewing the local and regional data for common
18 trends and conditions among localities or regions which may
19 warrant inclusion of a particular occupation on the statewide
20 occupational forecasting list developed by the conference.
21 Based upon its review of such survey data, the conference
22 shall also make recommendations semiannually to Workforce
23 Florida, Inc., on additions or deletions to lists of locally
24 targeted occupations approved by Workforce Florida, Inc.
25 3. During each legislative session, and at other times
26 if necessary, the Workforce Estimating Conference shall meet
27 as the Workforce Impact Conference for the purpose of
28 determining the effects of legislation related to the state's
29 workforce and economic development efforts introduced prior to
30 and during such legislative session. In addition to the
31 designated principals of the impact conference, nonprincipal
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1 participants of the impact conference shall include a
2 representative of the Florida Chamber of Commerce and other
3 interested parties. The impact conference shall use both
4 quantitative and qualitative research methods to determine the
5 impact of introduced legislation related to workforce and
6 economic development issues.
7 (c)4. Notwithstanding subparagraph 3., The Workforce
8 Estimating Conference, for the purposes described in paragraph
9 (a) subparagraph 1., shall meet no less than 2 times in a
10 calendar year. The first meeting shall be held in February,
11 and the second meeting shall be held in August. Other meetings
12 may be scheduled as needed.
13 (b) Principals.--The Commissioner of Education, the
14 Executive Office of the Governor, the director of the Office
15 of Tourism, Trade, and Economic Development, the director of
16 the Agency for Workforce Innovation, the executive director of
17 the Commission for Independent Education, the Chancellor of
18 the State University System, the chair of Workforce Florida,
19 Inc., the coordinator of the Office of Economic and
20 Demographic Research, or their designees, and professional
21 staff from the Senate and the House of Representatives who
22 have forecasting and substantive expertise, are the principals
23 of the Workforce Estimating Conference. In addition to the
24 designated principals of the conference, nonprincipal
25 participants of the conference shall include a representative
26 of the Florida Chamber of Commerce and other interested
27 parties. The principal representing the Executive Office of
28 the Governor shall preside over the sessions of the
29 conference.
30 (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
31 (a) Duties.--
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1 (a)1. The Early Learning Programs Estimating
2 Conference shall develop estimates and forecasts of the
3 unduplicated count of children eligible for school readiness
4 programs in accordance with the standards of eligibility
5 established in s. 411.01(6), and of children eligible for the
6 Voluntary Prekindergarten Education Program in accordance with
7 s. 1002.53(2), as the conference determines are needed to
8 support the state planning, budgeting, and appropriations
9 processes.
10 (b)2. The Agency for Workforce Innovation shall
11 provide information on needs and waiting lists for school
12 readiness programs, and information on the needs for the
13 Voluntary Prekindergarten Education Program, as requested by
14 the Early Learning Programs Estimating Conference or
15 individual conference principals in a timely manner.
16 (b) Principals.--The Executive Office of the Governor,
17 the Director of Economic and Demographic Research, and
18 professional staff who have forecasting expertise from the
19 Agency for Workforce Innovation, the Department of Children
20 and Family Services, the Department of Education, the Senate,
21 and the House of Representatives, or their designees, are the
22 principals of the Early Learning Programs Estimating
23 Conference. The principal representing the Executive Office of
24 the Governor shall preside over sessions of the conference.
25 (9) SELF-INSURANCE ESTIMATING CONFERENCE.--
26 (a) Duties.--The Self-Insurance Estimating Conference
27 shall develop such official information on self-insurance
28 related issues as the conference determines is needed by the
29 state planning and budgeting system.
30 (b) Principals.--The Executive Office of the Governor,
31 the coordinator of the Office of Economic and Demographic
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1 Research, and professional staff of the Senate and the House
2 of Representatives who have forecasting and substantive
3 experience, or their designees, are the principals of the
4 Self-Insurance Estimating Conference. The responsibility of
5 presiding over sessions of the conference shall be rotated
6 among the principals.
7 (10) FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
8 CONFERENCE.--
9 (a) Duties.--The Florida Retirement System Actuarial
10 Assumption Conference shall develop official information with
11 respect to the economic and noneconomic assumptions and
12 funding methods of the Florida Retirement System necessary to
13 perform the system actuarial study undertaken pursuant to s.
14 121.031(3). Such information shall include: an analysis of the
15 actuarial assumptions and actuarial methods used in the study
16 and a determination of whether changes to the assumptions or
17 methods need to be made due to experience changes or revised
18 future forecasts.
19 (b) Principals.--The Executive Office of the Governor,
20 the coordinator of the Office of Economic and Demographic
21 Research, and professional staff of the Senate and House of
22 Representatives who have forecasting and substantive
23 expertise, or their designees, are the principals of the
24 Florida Retirement System Actuarial Assumption Conference. The
25 Executive Office of the Governor shall have the responsibility
26 of presiding over the sessions of the conference. The State
27 Board of Administration and the Division of Retirement shall
28 be participants in the conference.
29 Section 15. Paragraph (a) of subsection (2) of section
30 216.177, Florida Statutes, is amended to read:
31
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1 216.177 Appropriations acts, statement of intent,
2 violation, notice, review and objection procedures.--
3 (2)(a) Whenever notice of action to be taken by the
4 Executive Office of the Governor or the Chief Justice of the
5 Supreme Court is required by law this chapter, such notice
6 shall be given to the chair and vice chair of the Legislative
7 Budget Commission in writing, and shall be delivered at least
8 14 days prior to the action referred to, unless a shorter
9 period is approved in writing by the chair and vice chair or a
10 different period is specified by law. If the action is solely
11 for the release of funds appropriated by the Legislature, the
12 notice shall be delivered at least 3 days before the effective
13 date of the action. Action shall not be taken on any budget
14 item for which this chapter requires notice to the Legislative
15 Budget Commission or the appropriations committees without
16 such notice having been provided, even though there may be
17 good cause for considering such item.
18 Section 16. Subsections (3), (5), (6), paragraph (a)
19 of subsection (8), paragraph (a) of subsection (10), and
20 subsection (11) of section 216.181, Florida Statutes, are
21 amended to read:
22 216.181 Approved budgets for operations and fixed
23 capital outlay.--
24 (3) All amendments to original approved operating
25 budgets, regardless of funding source, are subject to the
26 notice and objection review procedures set forth in s.
27 216.177.
28 (5) An amendment to the original operating budget for
29 an information technology project or initiative that involves
30 more than one agency, has an outcome that impacts another
31 agency, or exceeds $500,000 in total cost over a 1-year
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1 period, except for those projects that are a continuation of
2 hardware or software maintenance or software licensing
3 agreements, or that are for desktop replacement that is
4 similar to the technology currently in use must be reviewed by
5 the Technology Review Workgroup pursuant to s. 216.0446 and
6 approved by the Executive Office of the Governor for the
7 executive branch or by the Chief Justice for the judicial
8 branch, and shall be subject to the notice and objection
9 review procedures set forth in s. 216.177.
10 (6)(a) A detailed plan allocating a lump-sum
11 appropriation to traditional appropriations categories shall
12 be submitted by the affected agency to the Executive Office of
13 the Governor or the Chief Justice of the Supreme Court. The
14 Executive Office of the Governor and the Chief Justice of the
15 Supreme Court shall submit such plan to the chair and vice
16 chair of the Legislative Budget Commission either before or
17 concurrent with the submission of any budget amendment that
18 recommends the transfer and release of may require the
19 submission of a detailed plan from the agency or entity of the
20 judicial branch affected, consistent with the General
21 Appropriations Act, special appropriations acts, and
22 statements of intent before transferring and releasing the
23 balance of a lump-sum appropriation.
24 (b) The Executive Office of the Governor and the Chief
25 Justice of the Supreme Court may amend, without approval of
26 the Legislative Budget Commission, state agency and judicial
27 branch entity budgets, respectively, to reflect the
28 transferred funds and to provide the associated increased
29 salary rate based on the approved plans for lump-sum
30 appropriations. Any action proposed pursuant to this paragraph
31 is subject to the procedures set forth in s. 216.177.
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1
2 The Executive Office of the Governor shall transmit to each
3 state agency and the Chief Financial Officer, and the Chief
4 Justice shall transmit to each judicial branch component and
5 the Chief Financial Officer, any approved amendments to the
6 approved operating budgets.
7 (8) As part of the approved operating budget, the
8 Executive Office of the Governor shall furnish to each state
9 agency, and the Chief Justice of the Supreme Court shall
10 furnish to the entity of the judicial branch, an approved
11 annual salary rate for each budget entity containing a salary
12 appropriation. This rate shall be based upon the actual salary
13 rate and shall be consistent with the General Appropriations
14 Act or special appropriations acts. The annual salary rate
15 shall be:
16 (a) Determined by the salary rate specified in the
17 General Appropriations Act and adjusted for reorganizations
18 authorized by law, for any other appropriations made by law,
19 and, subject to s. 216.177, for distributions of lump-sum
20 appropriations and administered funds and for actions that
21 require authorization of salary rate from salary rate reserve
22 and placement of salary rate in salary rate reserve.
23 (10)(a) The Legislative Budget Commission may
24 authorize increases or decreases in the approved salary rate,
25 except as authorized in s. 216.181(8)(a), for positions
26 pursuant to the request of the agency filed with the Executive
27 Office of the Governor or pursuant to the request of an entity
28 of the judicial branch filed with the Chief Justice of the
29 Supreme Court, if deemed necessary and in the best interest of
30 the state and consistent with legislative policy and intent.
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1 (11) The Executive Office of the Governor and the
2 Chief Justice of the Supreme Court may approve changes in the
3 amounts appropriated from state trust funds in excess of those
4 in the approved operating budget up to $1 million only
5 pursuant to the federal funds provisions of s. 216.212, when
6 grants and donations are received after April 1, or when
7 deemed necessary due to a set of conditions that were
8 unforeseen at the time the General Appropriations Act was
9 adopted and that are essential to correct in order to continue
10 the operation of government. Changes in the amounts
11 appropriated from state trust funds in excess of those in the
12 approved operating budget which are in excess of $1 million
13 may be approved only by the Legislative Budget Commission
14 pursuant to the request of a state agency filed with the
15 Executive Office of the Governor or pursuant to the request of
16 an entity of the judicial branch filed with the Chief Justice
17 of the Supreme Court. The provisions of this subsection are
18 subject to the notice, review, and objection procedures set
19 forth in s. 216.177.
20 Section 17. Section 216.1811, Florida Statutes, is
21 created to read:
22 216.1811 Approved operating budgets and appropriations
23 for the legislative branch.--
24 (1) The Governor and the Chief Financial Officer shall
25 each make changes to the original approved operating budgets
26 for operational and fixed capital expenditures relating to the
27 legislative branch as directed by the presiding officers of
28 the legislative branch.
29 (2) The Governor and the Chief Financial Officer shall
30 each ensure that any balances of appropriations made to the
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1 legislative branch are carried forward as directed by the
2 presiding officers of the legislative branch.
3 Section 18. Subsection (2) of section 216.1815,
4 Florida Statutes, is amended to read:
5 216.1815 Agency incentive and savings program.--
6 (2) To be eligible to retain funds, an agency or the
7 Chief Justice of the Supreme Court must submit a plan and an
8 associated request to amend its approved operating budget to
9 the Legislative Budget Commission specifying:
10 (a) The modifications to approved programs resulting
11 in efficiencies and cost savings;
12 (b) The amount and source of the funds and positions
13 saved;
14 (c) The specific positions, rate, amounts, and sources
15 of funds the agency or the judicial branch wishes to include
16 in its incentive expenditures;
17 (d) How the agency or the judicial branch will meet
18 the goals and objectives established in its long-range program
19 plan;
20 (e) How the agency or the judicial branch will meet
21 performance standards, including established by the
22 Legislature and those in its long-range program plan; and
23 (f) Any other incentive expenditures which the agency
24 or the judicial branch believes will enhance its performance.
25 Section 19. Section 216.1827, Florida Statutes, is
26 created to read:
27 216.1827 Requirements for performance measures and
28 standards.--
29 (1) Agencies and the judicial branch shall maintain a
30 comprehensive performance accountability system containing, at
31 a minimum, a list of performance measures and standards that
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1 are adopted by the Legislature and subsequently amended
2 pursuant to this section.
3 (2)(a) Agencies and the judicial branch shall submit
4 output and outcome measures and standards, as well as
5 historical baseline and performance data, to the Executive
6 Office of the Governor and the Legislature, under s. 216.013.
7 (b) Agencies and the judicial branch shall also submit
8 performance data, measures, and standards to the Office of
9 Program Policy Analysis and Government Accountability upon
10 request for review of the adequacy of the legislatively
11 approved measures and standards.
12 (3)(a) An agency may submit requests to delete or
13 amend its existing approved performance measures and standards
14 or submit requests to create additional performance measures
15 and standards to the Executive Office of the Governor for
16 review and approval. The request shall document the
17 justification for the change and ensure that the revision,
18 deletion, or addition is consistent with legislative intent.
19 Revisions or deletions to, or additions of performance
20 measures and standards approved by the Executive Office of the
21 Governor are subject to the review and objection procedure set
22 forth in s. 216.177.
23 (b) The Chief Justice of the Supreme Court may submit
24 deletions or amendments of the judicial branch's existing
25 approved performance measures and standards or may submit
26 additional performance measures and standards to the Executive
27 Office of the Governor accompanied with justification for the
28 change and ensure that the revision, deletion, or addition is
29 consistent with legislative intent. Revisions or deletions to,
30 or additions of performance measures and standards submitted
31
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1 by the Chief Justice of the Supreme Court are subject to the
2 review and objection procedure set forth in s. 216.177.
3 (4)(a) The Legislature may create, amend, and delete
4 performance measures and standards. The Legislature may confer
5 with the Executive Office of the Governor for state agencies
6 and the Chief Justice of the Supreme Court for the judicial
7 branch prior to any such action.
8 (b) The Legislature may require state agencies to
9 submit requests for revisions, additions, or deletions to
10 approved performance measures and standards to the Executive
11 Office of the Governor for review and approval, subject to the
12 review and objection procedure set forth in s. 216.177.
13 (c) The Legislature may require the judicial branch to
14 submit revisions, additions, or deletions to approved
15 performance measures and standards to the Executive Office of
16 The Governor, subject to the review and objection procedure
17 set forth in s. 216.177.
18 (d) Any new agency created by the Legislature is
19 subject to the initial performance measures and standards
20 established by the Legislature. The Legislature may require
21 state agencies and the judicial branch to provide any
22 information necessary to create initial performance measures
23 and standards.
24 Section 20. Subsection (3) is added to section
25 216.251, Florida Statutes, to read:
26 216.251 Salary appropriations; limitations.--
27 (3) An agency may not provide general salary increases
28 or pay additives for a cohort of positions sharing the same
29 job classification or job occupations which the Legislature
30 has not authorized in the General Appropriations Act or other
31 laws.
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1 Section 21. Subsection (3), paragraph (b) of
2 subsection (4), and subsection (5) of section 216.292, Florida
3 Statutes, are amended, and subsection (7) is added to that
4 section, to read:
5 216.292 Appropriations nontransferable; exceptions.--
6 (3) The following transfers are authorized with the
7 approval of the Executive Office of the Governor for the
8 executive branch or the Chief Justice for the judicial branch,
9 subject to the notice and objection review provisions of s.
10 216.177:
11 (a) The transfer of appropriations for operations from
12 trust funds in excess of those provided in subsection (2), up
13 to $1 million.
14 (b) The transfer of positions between budget entities.
15 (4) The following transfers are authorized with the
16 approval of the Legislative Budget Commission. Unless waived
17 by the chair and vice chair of the commission, notice of such
18 transfers must be provided 14 days before the commission
19 meeting:
20 (b) The transfer of appropriations for operations from
21 trust funds in excess of those authorized provided in
22 subsection (2) or subsection (3) this section that exceed the
23 greater of 5 percent of the original approved budget or $1
24 million, as recommended by the Executive Office of the
25 Governor or the Chief Justice of the Supreme Court.
26 (5) A transfer of funds may not result in the
27 initiation of a fixed capital outlay project that has not
28 received a specific legislative appropriation, except that
29 federal funds for fixed capital outlay projects for the
30 Department of Military Affairs, which do not carry a
31 continuing commitment on future appropriations by the
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1 Legislature, may be approved by the Executive Office of the
2 Governor for the purpose received, subject to the notice,
3 review, and objection procedures set forth in s. 216.177.
4 (7) The provisions of this section do not apply to the
5 budgets for the legislative branch.
6 Section 22. Effective upon this act becoming a law,
7 subsections (1) and (3) and paragraph (a) of subsection (2) of
8 section 216.301, Florida Statutes, as amended by section 40 of
9 chapter 2005-152, Laws of Florida, are amended to read:
10 216.301 Appropriations; undisbursed balances.--
11 (1)(a) As of June 30th of each year, for
12 appropriations for operations only, each department and the
13 judicial branch shall identify in the state's financial system
14 any incurred obligation which has not been disbursed, showing
15 in detail the commitment or to whom obligated and the amounts
16 of such commitments or obligations. Any appropriation not
17 identified as an incurred obligation effective June 30th shall
18 revert to the fund from which it was appropriated and shall be
19 available for reappropriation by the Legislature.
20 (b) The undisbursed release balance of any authorized
21 appropriation, except an appropriation for fixed capital
22 outlay, for any given fiscal year remaining on June 30 of the
23 fiscal year shall be carried forward in an amount equal to the
24 incurred obligations identified in paragraph (a). Any such
25 incurred obligations remaining undisbursed on September 30
26 shall revert to the fund from which appropriated and shall be
27 available for reappropriation by the Legislature. The Chief
28 Financial Officer will monitor changes made to incurred
29 obligations prior to the September 30 reversion to ensure
30 generally accepted accounting procedures and legislative
31 intent are followed.
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1 (c) In the event an appropriate identification of an
2 incurred obligation is not made and an incurred obligation is
3 proven to be legal, due, and unpaid, then the incurred
4 obligation shall be paid and charged to the appropriation for
5 the current fiscal year of the state agency or the legislative
6 or judicial branch affected.
7 (1)(a) Any balance of any appropriation, except an
8 appropriation for fixed capital outlay, which is not disbursed
9 but which is expended shall, at the end of each fiscal year,
10 be certified by the head of the affected state agency or the
11 judicial or legislative branches, on or before August 1 of
12 each year, to the Executive Office of the Governor, showing in
13 detail the obligees to whom obligated and the amounts of such
14 obligations. Any such encumbered balance remaining undisbursed
15 on September 30 of the same calendar year in which such
16 certification was made shall revert to the fund from which
17 appropriated, except as provided in subsection (3), and shall
18 be available for reappropriation by the Legislature. In the
19 event such certification is not made and an obligation is
20 proven to be legal, due, and unpaid, then the obligation shall
21 be paid and charged to the appropriation for the current
22 fiscal year of the state agency or the legislative or judicial
23 branch affected.
24 (b) Any balance of any appropriation, except an
25 appropriation for fixed capital outlay, for any given fiscal
26 year remaining after charging against it any lawful
27 expenditure shall revert to the fund from which appropriated
28 and shall be available for reappropriation by the Legislature.
29 (d)(c) Each department and the judicial branch shall
30 maintain the integrity of the General Revenue Fund.
31 Appropriations from the General Revenue Fund contained in the
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1 original approved budget may be transferred to the proper
2 trust fund for disbursement. Any reversion of appropriation
3 balances from programs which receive funding from the General
4 Revenue Fund and trust funds shall be transferred to the
5 General Revenue Fund within 15 days after such reversion,
6 unless otherwise provided by federal or state law, including
7 the General Appropriations Act. The Executive Office of the
8 Governor or the Chief Justice of the Supreme Court shall
9 determine the state agency or judicial branch programs which
10 are subject to this paragraph. This determination shall be
11 subject to the legislative consultation and objection process
12 in this chapter. The Education Enhancement Trust Fund shall
13 not be subject to the provisions of this section.
14 (2)(a) The balance of any appropriation for fixed
15 capital outlay which is not disbursed but expended,
16 contracted, or committed to be expended prior to February 1 of
17 the second fiscal year of the appropriation, or the third
18 fiscal year if it is for an educational facility as defined in
19 chapter 1013 or for a construction project of a state
20 university, shall be certified by the head of the affected
21 state agency or the legislative or judicial branch on February
22 1 to the Executive Office of the Governor, showing in detail
23 the commitment or to whom obligated and the amount of the
24 commitment or obligation. The Executive Office of the Governor
25 for the executive branch and the Chief Justice for the
26 judicial branch shall review and approve or disapprove,
27 consistent with criteria jointly developed by the Executive
28 Office of the Governor and the legislative appropriations
29 committees, the continuation of such unexpended balances. The
30 Executive Office of the Governor shall, no later than February
31 28 20 of each year, furnish the Chief Financial Officer, the
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1 legislative appropriations committees, and the Auditor General
2 a report listing in detail the items and amounts reverting
3 under the authority of this subsection, including the fund to
4 which reverted and the agency affected.
5 (3) The President of the Senate and the Speaker of the
6 House of Representatives may notify the Executive Office of
7 the Governor to retain certified forward balances from
8 legislative budget entities until June 30 of the following
9 fiscal year.
10 Section 23. Subsection (2) of section 252.37, Florida
11 Statutes, is amended to read:
12 252.37 Financing.--
13 (2) It is the legislative intent that the first
14 recourse be made to funds regularly appropriated to state and
15 local agencies. If the Governor finds that the demands placed
16 upon these funds in coping with a particular disaster declared
17 by the Governor as a state of emergency are unreasonably
18 great, she or he may make funds available by transferring and
19 expending moneys appropriated for other purposes, by
20 transferring and expending moneys out of any unappropriated
21 surplus funds, or from the Budget Stabilization Fund.
22 Following the expiration or termination of the state of
23 emergency, the Governor may transfer moneys with a budget
24 amendment, subject to approval by the Legislative Budget
25 Commission, process a budget amendment under the notice and
26 review procedures set forth in s. 216.177 to transfer moneys
27 to satisfy the budget authority granted for such emergency.
28 Section 24. Section 273.02, Florida Statutes, is
29 amended to read:
30 273.02 Record and inventory of certain property.--The
31 word "property" as used in this section means equipment,
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1 fixtures, and other tangible personal property of a
2 nonconsumable and nonexpendable nature. The Chief Financial
3 Officer shall establish by rule the requirements for the
4 recording of property in the state's financial systems and for
5 the periodic review of property for inventory purposes., the
6 value or cost of which is $1,000 or more and the normal
7 expected life of which is 1 year or more, and hardback-covered
8 bound books that are circulated to students or the general
9 public, the value or cost of which is $25 or more, and
10 hardback-covered bound books, the value or cost of which is
11 $250 or more. Each item of property which it is practicable to
12 identify by marking shall be marked in the manner required by
13 the Auditor General. Each custodian shall maintain an adequate
14 record of property in his or her custody, which record shall
15 contain such information as shall be required by the Auditor
16 General. Once each year, on July 1 or as soon thereafter as is
17 practicable, and whenever there is a change of custodian, each
18 custodian shall take an inventory of property in his or her
19 custody. The inventory shall be compared with the property
20 record, and all discrepancies shall be traced and reconciled.
21 All publicly supported libraries shall be exempt from marking
22 hardback-covered bound books, as required by this section. The
23 catalog and inventory control records maintained by each
24 publicly supported library shall constitute the property
25 record of hardback-covered bound books with a value or cost of
26 $25 or more included in each publicly supported library
27 collection and shall serve as a perpetual inventory in lieu of
28 an annual physical inventory. All books identified by these
29 records as missing shall be traced and reconciled, and the
30 library inventory shall be adjusted accordingly.
31
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1 Section 25. Section 273.025, Florida Statutes, is
2 created to read:
3 273.025 Financial reporting for recorded
4 property.--The Chief Financial Officer shall establish by rule
5 the requirements for the capitalization of property that has
6 been recorded in the state's financial systems.
7 Section 26. Subsections (2) and (5) of section
8 273.055, Florida Statutes, are amended to read:
9 273.055 Disposition of state-owned tangible personal
10 property.--
11 (2) Custodians shall maintain records to identify each
12 property item as to disposition. Such records shall comply
13 with rules issued by the Chief Financial Officer Auditor
14 General.
15 (5) All moneys received from the disposition of
16 state-owned tangible personal property or from any agreement
17 entered into under this chapter must be retained by the
18 custodian and may be disbursed for the acquisition of exchange
19 and surplus property and for all necessary operating
20 expenditures, and are appropriated for those purposes. The
21 custodian shall maintain records of the accounts into which
22 the money is deposited.
23 Section 27. Section 274.02, Florida Statutes, is
24 amended to read:
25 274.02 Record and inventory of certain property.--
26 (1) The word "property" as used in this section means
27 fixtures and other tangible personal property of a
28 nonconsumable nature the value of which is $1,000 or more and
29 the normal expected life of which is 1 year or more.
30 (2) The Chief Financial Officer shall establish by
31 rule the requirements for the recording of property and for
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1 the periodic review of property for inventory purposes. Each
2 item of property which it is practicable to identify by
3 marking shall be marked in the manner required by the Auditor
4 General. Each governmental unit shall maintain an adequate
5 record of its property, which record shall contain such
6 information as shall be required by the Auditor General. Each
7 governmental unit shall take an inventory of its property in
8 the custody of a custodian whenever there is a change in such
9 custodian. A complete physical inventory of all property shall
10 be taken annually, and the date inventoried shall be entered
11 on the property record. The inventory shall be compared with
12 the property record, and all discrepancies shall be traced and
13 reconciled.
14 Section 28. Paragraph (b) of subsection (3) of section
15 338.2216, Florida Statutes, is amended to read:
16 338.2216 Florida Turnpike Enterprise; powers and
17 authority.--
18 (3)
19 (b) Notwithstanding the provisions of s. 216.301 to
20 the contrary and in accordance with s. 216.351, the Executive
21 Office of the Governor shall, on July 1 of each year, certify
22 forward all unexpended funds appropriated or provided pursuant
23 to this section for the turnpike enterprise. Of the unexpended
24 funds certified forward, any unencumbered amounts shall be
25 carried forward. Such funds carried forward shall not exceed 5
26 percent of the original approved total operating budget as
27 defined in s. 216.181(1) of the turnpike enterprise. Funds
28 carried forward pursuant to this section may be used for any
29 lawful purpose, including, but not limited to, promotional and
30 market activities, technology, and training. Any certified
31
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1 forward funds remaining undisbursed on September 30 December
2 31 of each year shall be carried forward.
3 Section 29. Subsection (4) of section 1011.57, Florida
4 Statutes, is amended to read:
5 1011.57 Florida School for the Deaf and the Blind;
6 board of trustees; management flexibility.--
7 (4) Notwithstanding the provisions of s. 216.301 to
8 the contrary, the Executive Office of the Governor shall, on
9 July 1 of each year, certify forward all unexpended funds
10 appropriated for the Florida School for the Deaf and the
11 Blind. The unexpended amounts in any fund shall be carried
12 forward and included as the balance forward for that fund in
13 the approved operating budget for the following year.
14 Section 30. Section 215.29, Florida Statutes, is
15 repealed.
16 Section 31. Except as otherwise expressly provided in
17 this act, this act shall take effect July 1, 2006.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 2548
21
22 The committee substitute for SB 2548:
23 -- Updates the law regarding financial accounting for the
state, preparing for the new financial system (ASPIRE).
24
-- Sets the composition of the consensus estimating
25 conferences consistently - the principals will include
staff of the Governor's Office, Economic and Demographic
26 Research, and the House and Senate.
27 -- Prohibits agencies from granting broad brush general
salary increases without specific legislative
28 authorization.
29 -- Codifies the current budgetary process used for the
budget of the legislative branch.
30
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