| 1 | A bill to be entitled | 
| 2 | An act relating to state planning and budgeting; amending | 
| 3 | s. 11.90, F.S.; revising the membership of the Legislative | 
| 4 | Budget Commission; providing for the appointment of | 
| 5 | presiding officers; revising requirements for meetings and | 
| 6 | a quorum; revising requirements for appointing the staff | 
| 7 | of the commission; requiring the commission to review | 
| 8 | budget amendments recommended by the Governor or Chief | 
| 9 | Justice; authorizing the commission to perform other | 
| 10 | duties prescribed by the Legislature; creating s. 11.91, | 
| 11 | F.S.; creating the Government Efficiency Task Force for | 
| 12 | the purpose of recommending improvements to governmental | 
| 13 | operations and cost reductions; providing for the | 
| 14 | Governor, the President of the Senate, and the Speaker of | 
| 15 | the House of Representatives to appoint its members; | 
| 16 | requiring that the task force meet at 4-year intervals | 
| 17 | beginning on a specified date; authorizing the task force | 
| 18 | to conduct meetings through teleconferences; providing for | 
| 19 | members to be reimbursed for per diem and travel expenses; | 
| 20 | requiring the task force to complete its work within 1 | 
| 21 | year and report to the Legislative Budget Commission, the | 
| 22 | Governor, and the Chief Justice of the Supreme Court; | 
| 23 | amending s. 29.0095, F.S.; requiring the legislative | 
| 24 | appropriations committees to prescribe the format of | 
| 25 | budget expenditure reports; amending s. 100.371, F.S.; | 
| 26 | specifying that the Financial Impact Estimating Conference | 
| 27 | is within the legislative branch of government and under | 
| 28 | the direction of the President of the Senate and the | 
| 29 | Speaker of the House of Representatives; revising | 
| 30 | provisions governing public meetings of the conference; | 
| 31 | amending s. 216.011, F.S.; redefining the term | 
| 32 | "consultation" and defining the term "long-range financial | 
| 33 | outlook" for purposes of state fiscal affairs; creating s. | 
| 34 | 216.012, F.S.; providing requirements for the long-range | 
| 35 | financial outlook prepared by the Legislative Budget | 
| 36 | Commission; requiring state agencies to provide certain | 
| 37 | information; prescribing authority of the commission with | 
| 38 | respect to such information; specifying timeframes for the | 
| 39 | commission in completing the long-range financial outlook; | 
| 40 | amending s. 216.023, F.S.; clarifying certain requirements | 
| 41 | for legislative budget instructions; amending s. 216.065, | 
| 42 | F.S.; requiring that fiscal impact statements be provided | 
| 43 | to the Legislative Budget Commission in addition to the | 
| 44 | legislative appropriations committees; requiring that such | 
| 45 | statements contain information concerning subsequent | 
| 46 | fiscal years; amending s. 216.162, F.S.; revising the date | 
| 47 | for the Governor's recommended budget to be furnished to | 
| 48 | the Legislature; authorizing the presiding officers of the | 
| 49 | Legislature to approve submission of the Governor's | 
| 50 | recommended budget at a later date than otherwise | 
| 51 | required; amending s. 216.178, F.S.; extending the | 
| 52 | deadline for production of the final budget; providing a | 
| 53 | contingent effective date. | 
| 54 | 
 | 
| 55 | Be It Enacted by the Legislature of the State of Florida: | 
| 56 | 
 | 
| 57 | Section 1.  Section 11.90, Florida Statutes, is amended to | 
| 58 | read: | 
| 59 | 11.90  Legislative Budget Commission.-- | 
| 60 | (1)  There is created the Legislative Budget Commission, | 
| 61 | which is the joint Legislative Budget Commission created in s. | 
| 62 | 19, Art. III of the State Constitution, composed of seven | 
| 63 | members of the Senate appointed by the President of the Senate | 
| 64 | and seven members of the House of Representatives appointed by | 
| 65 | the Speaker of the House of Representatives. Each member shall | 
| 66 | serve at the pleasure of the officer who appointed the member. A | 
| 67 | vacancy on the commission shall be filled in the same manner as | 
| 68 | the original appointment. From November of each odd-numbered | 
| 69 | year through October of each even-numbered year, the chairperson | 
| 70 | of the commission shall be appointed by the President of the | 
| 71 | Senate and the vice chairperson of the commission shall be | 
| 72 | appointed by the Speaker of the House of Representatives. From | 
| 73 | November of each even-numbered year through October of each odd- | 
| 74 | numbered year, the chairperson of the commission shall be | 
| 75 | appointed by the Speaker of the House of Representatives and the | 
| 76 | vice chairperson of the commission shall be appointed by the | 
| 77 | President of the Senate. There is created a standing joint | 
| 78 | committee of the Legislature designated the Legislative Budget | 
| 79 | Commission, composed of 14 members as follows: seven members of | 
| 80 | the Senate appointed by the President of the Senate, to include | 
| 81 | the chair of the Senate Budget Committee or its successor, and | 
| 82 | seven members of the House of Representatives appointed by the | 
| 83 | Speaker of the House of Representatives, to include the chair of | 
| 84 | the Fiscal Responsibility Council or its successor.The terms of | 
| 85 | members shall be for 2 years and shall run from the organization | 
| 86 | of one Legislature to the organization of the next Legislature. | 
| 87 | Vacancies occurring during the interim period shall be filled in | 
| 88 | the same manner as the original appointment. During even- | 
| 89 | numbered years, the chair of the commission shall be the chair | 
| 90 | of the Senate Budget Committee or its successor, and the vice | 
| 91 | chair of the commission shall be the chair of the House Fiscal | 
| 92 | Responsibility Council or its successor. During odd-numbered | 
| 93 | years, the chair of the commission shall be the chair of the | 
| 94 | House Fiscal Responsibility Council or its successor, and the | 
| 95 | vice chair of the commission shall be the chair of the Senate | 
| 96 | Budget Committee or its successor. | 
| 97 | (2)  The Legislative Budget Commission shall be governed by | 
| 98 | joint rules of the Senate and the House of Representatives which | 
| 99 | shall remain in effect until repealed or amended by concurrent | 
| 100 | resolution. | 
| 101 | (3)  The commission shall convene at the call of the | 
| 102 | President of the Senate and the Speaker of the House of | 
| 103 | Representatives at least quarterly. A majority of the commission | 
| 104 | members of each house plus one additional member from either | 
| 105 | house constitutes a quorum. The commission shall meet at least | 
| 106 | quarterly and more frequently at the direction of the presiding | 
| 107 | officers or upon call of the chair. A quorum shall consist of a | 
| 108 | majority of members from each house, plus one additional member | 
| 109 | from either house.Action by the commission requires a majority | 
| 110 | vote of the members present of each house. | 
| 111 | (4)  The commission may conduct its meetings through | 
| 112 | teleconferences or other similar means. | 
| 113 | (5)  The commission shall be staffed by legislative staff | 
| 114 | members, as assigned by the President of the Senate and the | 
| 115 | Speaker of the House of Representatives. The commission will be | 
| 116 | jointly staffed by the appropriations committees of the House of | 
| 117 | Representatives and the Senate. During even-numbered years, the | 
| 118 | Senate will serve as lead staff, and during odd-numbered years, | 
| 119 | the House of Representatives will serve as lead staff. | 
| 120 | (6)  The commission shall have the power and duty to: | 
| 121 | (a)  Review and approve or disapprove budget amendments | 
| 122 | recommended by the Governor or the Chief Justice of the Supreme | 
| 123 | Court as provided in chapter 216. Annually review the amount of | 
| 124 | state debt outstanding and submit to the President of the Senate | 
| 125 | and the Speaker of the House of Representatives an estimate of | 
| 126 | the maximum amount of additional state tax-supported debt that | 
| 127 | prudently may be authorized during the current fiscal year. The | 
| 128 | estimate shall be advisory and shall in no way bind the | 
| 129 | Legislature. | 
| 130 | (b)  Develop the long-range financial outlook described in | 
| 131 | s. 19, Art. III of the State Constitution. Promptly after | 
| 132 | receiving the report required by s. 215.98(2)(c), the commission | 
| 133 | shall submit to the President of the Senate and the Speaker of | 
| 134 | the House of Representatives the commission's estimate of tax- | 
| 135 | supported debt which prudently may be authorized for the next | 
| 136 | fiscal year, together with a report explaining the basis for the | 
| 137 | estimate. | 
| 138 | 
 | 
| 139 | In addition to the powers and duties specified in this | 
| 140 | subsection, the commission shall exercise all other powers and | 
| 141 | perform any other duties prescribed by the Legislature. | 
| 142 | (7)  The commission shall review information resources | 
| 143 | management needs identified in agency long-range program plans | 
| 144 | for consistency with the State Annual Report on Enterprise | 
| 145 | Resource Planning and Management and statewide policies adopted | 
| 146 | by the State Technology Office. The commission shall also review | 
| 147 | proposed budget amendments associated with information | 
| 148 | technology that involve more than one agency, that have an | 
| 149 | outcome that impacts another agency, or that exceed $500,000 in | 
| 150 | total cost over a 1-year period. | 
| 151 | Section 2.  Section 11.91, Florida Statutes, is created to | 
| 152 | read: | 
| 153 | 11.91  Government Efficiency Task Force.-- | 
| 154 | (1)  There is created the Government Efficiency Task Force. | 
| 155 | The task force shall convene no later than January 2007, and | 
| 156 | each 4th year thereafter. The task force shall be composed of 15 | 
| 157 | members. Five members shall be appointed by the President of the | 
| 158 | Senate, five members shall be appointed by the Speaker of the | 
| 159 | House of Representatives, and five members shall be appointed by | 
| 160 | the Governor. Members of the task force may include | 
| 161 | representatives from the private sector, as designated by the | 
| 162 | President of the Senate, the Speaker of the House of | 
| 163 | Representatives, and the Governor. Each member shall serve at | 
| 164 | the pleasure of the officer who appointed the member. A vacancy | 
| 165 | on the task force shall be filled in the same manner as the | 
| 166 | original appointment. The terms of the members shall be for 1 | 
| 167 | year. | 
| 168 | (2)  The task force shall elect a chair from among its | 
| 169 | members. | 
| 170 | (3)  The task force shall meet as necessary, but at least | 
| 171 | quarterly, at the call of the chair and at the time and place | 
| 172 | designated by him or her. The task force may conduct its | 
| 173 | meetings through teleconferences or other similar means. | 
| 174 | (4)  Members of the task force are entitled to receive | 
| 175 | reimbursement for per diem and travel expenses pursuant to s. | 
| 176 | 112.061. | 
| 177 | (5)  The task force shall develop recommendations for | 
| 178 | improving governmental operations and reducing costs. Staff to | 
| 179 | assist the task force in performing its duties shall be assigned | 
| 180 | by the President of the Senate, the Speaker of the House of | 
| 181 | Representatives, and the Governor. The task force shall consider | 
| 182 | reports issued by the Auditor General, the Office of Program | 
| 183 | Policy Analysis and Government Accountability, and agency | 
| 184 | inspectors general in developing its recommendations. | 
| 185 | (6)  The task force shall complete its work within 1 year | 
| 186 | and submit its recommendations to the chairperson and vice | 
| 187 | chairperson of the Legislative Budget Commission, the Governor, | 
| 188 | and the Chief Justice of the Supreme Court. The task force may | 
| 189 | submit all or part of its recommendations at any time during the | 
| 190 | year, but a final report summarizing its recommendations must be | 
| 191 | submitted at the completion of its work. | 
| 192 | Section 3.  Subsection (4) of section 29.0095, Florida | 
| 193 | Statutes, is amended to read: | 
| 194 | 29.0095  Budget expenditure reports.-- | 
| 195 | (4)  The appropriations committees of the Senate and the | 
| 196 | House of Representatives Legislative Budget Commissionshall | 
| 197 | prescribe the format of the report required by this section in | 
| 198 | consultation with the Chief Justice and the Justice | 
| 199 | Administrative Commission. | 
| 200 | Section 4.  Subsection (5) of section 100.371, Florida | 
| 201 | Statutes, as amended by section 28 of chapter 2005-278, Laws of | 
| 202 | Florida, is amended to read: | 
| 203 | 100.371  Initiatives; procedure for placement on ballot.-- | 
| 204 | (5)(a)  Within 45 days after receipt of a proposed revision | 
| 205 | or amendment to the State Constitution by initiative petition | 
| 206 | from the Secretary of State, the Financial Impact Estimating | 
| 207 | Conference shall complete an analysis and financial impact | 
| 208 | statement to be placed on the ballot of the estimated increase | 
| 209 | or decrease in any revenues or costs to state or local | 
| 210 | governments resulting from the proposed initiative. The | 
| 211 | Financial Impact Estimating Conference shall submit the | 
| 212 | financial impact statement to the Attorney General and Secretary | 
| 213 | of State. | 
| 214 | (b) 1.The Financial Impact Estimating Conference shall | 
| 215 | provide an opportunity for any proponents or opponents of the | 
| 216 | initiative to submit information and may solicit information or | 
| 217 | analysis from any other entities or agencies, including the | 
| 218 | Office of Economic and Demographic Research. | 
| 219 | (c)  All meetings of the Financial Impact Estimating | 
| 220 | Conference shall be open to the public as provided in chapter | 
| 221 | 286. The President of the Senate and the Speaker of the House of | 
| 222 | Representatives, jointly, shall be the sole judge for the | 
| 223 | interpretation, implementation, and enforcement of this | 
| 224 | subsection. | 
| 225 | 1. 2.The Financial Impact Estimating Conference is | 
| 226 | established to review, analyze, and estimate the financial | 
| 227 | impact of amendments to or revisions of the State Constitution | 
| 228 | proposed by initiative. The Financial Impact Estimating | 
| 229 | Conference shall consist of four principals: one person from the | 
| 230 | Executive Office of the Governor; the coordinator of the Office | 
| 231 | of Economic and Demographic Research, or his or her designee; | 
| 232 | one person from the professional staff of the Senate; and one | 
| 233 | person from the professional staff of the House of | 
| 234 | Representatives. Each principal shall have appropriate fiscal | 
| 235 | expertise in the subject matter of the initiative. A Financial | 
| 236 | Impact Estimating Conference may be appointed for each | 
| 237 | initiative. | 
| 238 | 2. 3.Principals of the Financial Impact Estimating | 
| 239 | Conference shall reach a consensus or majority concurrence on a | 
| 240 | clear and unambiguous financial impact statement, no more than | 
| 241 | 75 words in length, and immediately submit the statement to the | 
| 242 | Attorney General. Nothing in this subsection prohibits the | 
| 243 | Financial Impact Estimating Conference from setting forth a | 
| 244 | range of potential impacts in the financial impact statement. | 
| 245 | Any financial impact statement that a court finds not to be in | 
| 246 | accordance with this section shall be remanded solely to the | 
| 247 | Financial Impact Estimating Conference for redrafting. The | 
| 248 | Financial Impact Estimating Conference shall redraft the | 
| 249 | financial impact statement within 15 days. | 
| 250 | 3. 4.If the members of the Financial Impact Estimating | 
| 251 | Conference are unable to agree on the statement required by this | 
| 252 | subsection, or if the Supreme Court has rejected the initial | 
| 253 | submission by the Financial Impact Estimating Conference and no | 
| 254 | redraft has been approved by the Supreme Court by 5 p.m. on the | 
| 255 | 75th day before the election, the following statement shall | 
| 256 | appear on the ballot pursuant to s. 101.161(1): "The financial | 
| 257 | impact of this measure, if any, cannot be reasonably determined | 
| 258 | at this time." | 
| 259 | (d) (c)The financial impact statement must be separately | 
| 260 | contained and be set forth after the ballot summary as required | 
| 261 | in s. 101.161(1). | 
| 262 | (e) (d)1.  Any financial impact statement that the Supreme | 
| 263 | Court finds not to be in accordance with this subsection shall | 
| 264 | be remanded solely to the Financial Impact Estimating Conference | 
| 265 | for redrafting, provided the court's advisory opinion is | 
| 266 | rendered at least 75 days before the election at which the | 
| 267 | question of ratifying the amendment will be presented. The | 
| 268 | Financial Impact Estimating Conference shall prepare and adopt a | 
| 269 | revised financial impact statement no later than 5 p.m. on the | 
| 270 | 15th day after the date of the court's opinion. | 
| 271 | 2.  If, by 5 p.m. on the 75th day before the election, the | 
| 272 | Supreme Court has not issued an advisory opinion on the initial | 
| 273 | financial impact statement prepared by the Financial Impact | 
| 274 | Estimating Conference for an initiative amendment that otherwise | 
| 275 | meets the legal requirements for ballot placement, the financial | 
| 276 | impact statement shall be deemed approved for placement on the | 
| 277 | ballot. | 
| 278 | 3.  In addition to the financial impact statement required | 
| 279 | by this subsection, the Financial Impact Estimating Conference | 
| 280 | shall draft an initiative financial information statement. The | 
| 281 | initiative financial information statement should describe in | 
| 282 | greater detail than the financial impact statement any projected | 
| 283 | increase or decrease in revenues or costs that the state or | 
| 284 | local governments would likely experience if the ballot measure | 
| 285 | were approved. If appropriate, the initiative financial | 
| 286 | information statement may include both estimated dollar amounts | 
| 287 | and a description placing the estimated dollar amounts into | 
| 288 | context. The initiative financial information statement must | 
| 289 | include both a summary of not more than 500 words and additional | 
| 290 | detailed information that includes the assumptions that were | 
| 291 | made to develop the financial impacts, workpapers, and any other | 
| 292 | information deemed relevant by the Financial Impact Estimating | 
| 293 | Conference. | 
| 294 | 4.  The Department of State shall have printed, and shall | 
| 295 | furnish to each supervisor of elections, a copy of the summary | 
| 296 | from the initiative financial information statements. The | 
| 297 | supervisors shall have the summary from the initiative financial | 
| 298 | information statements available at each polling place and at | 
| 299 | the main office of the supervisor of elections upon request. | 
| 300 | 5.  The Secretary of State and the Office of Economic and | 
| 301 | Demographic Research shall make available on the Internet each | 
| 302 | initiative financial information statement in its entirety. In | 
| 303 | addition, each supervisor of elections whose office has a | 
| 304 | website shall post the summary from each initiative financial | 
| 305 | information statement on the website. Each supervisor shall | 
| 306 | include the Internet addresses for the information statements on | 
| 307 | the Secretary of State's and the Office of Economic and | 
| 308 | Demographic Research's websites in the publication or mailing | 
| 309 | required by s. 101.20. | 
| 310 | Section 5.  Paragraph (h) of subsection (1) of section | 
| 311 | 216.011, Florida Statutes, is amended, and paragraph (tt) is | 
| 312 | added to that subsection, to read: | 
| 313 | 216.011  Definitions.-- | 
| 314 | (1)  For the purpose of fiscal affairs of the state, | 
| 315 | appropriations acts, legislative budgets, and approved budgets, | 
| 316 | each of the following terms has the meaning indicated: | 
| 317 | (h)  "Consultation" means communication to allow government | 
| 318 | officials and agencies to deliberate and to seek and provide | 
| 319 | advice in an open and forthright manner with the full committee, | 
| 320 | a subcommittee thereof, the chair, or the staff as deemed | 
| 321 | appropriate by the chair of the respective appropriations | 
| 322 | committee. | 
| 323 | (tt)  "Long-range financial outlook" means a document | 
| 324 | issued by the Legislative Budget Commission based on a 3-year | 
| 325 | forecast of revenues and expenditures. | 
| 326 | Section 6.  Section 216.012, Florida Statutes, is created | 
| 327 | to read: | 
| 328 | 216.012  Long-range financial outlook.-- | 
| 329 | (1)  The commission shall develop a long-range 3-year | 
| 330 | financial outlook and shall update that outlook each year. | 
| 331 | (2)  Each state agency shall provide information to the | 
| 332 | commission, based on the commission's direction, which supports | 
| 333 | the commission's development and updates of the long-range | 
| 334 | financial outlook. The commission has the authority to accept, | 
| 335 | modify, or direct the agency to modify any information received | 
| 336 | from an agency. | 
| 337 | (3)  By September 15 of each year, the commission shall | 
| 338 | complete the long-range financial outlook. The commission may | 
| 339 | subsequently provide any additions or adjustments to the outlook | 
| 340 | based on information not previously available. | 
| 341 | Section 7.  Subsection (12) of section 216.023, Florida | 
| 342 | Statutes, is amended to read: | 
| 343 | 216.023  Legislative budget requests to be furnished to | 
| 344 | Legislature by agencies.-- | 
| 345 | (12)  In order to ensure an integrated state planning and | 
| 346 | budgeting process, the agency long-range plan should be reviewed | 
| 347 | by the Legislature. The legislative budget request instructions | 
| 348 | must provide for consistency between the agency's long-range | 
| 349 | plan and the agency's legislative budget request. | 
| 350 | Section 8.  Section 216.065, Florida Statutes, is amended | 
| 351 | to read: | 
| 352 | 216.065  Fiscal impact statements on actions affecting the | 
| 353 | budget.--In addition to the applicable requirements of chapter | 
| 354 | 120, before the Governor, or Governor and Cabinet as a body, | 
| 355 | performing any constitutional or statutory duty, or before any | 
| 356 | state agency or statutorily authorized entity takes any final | 
| 357 | action that will affect revenues, require a request for an | 
| 358 | increased or new appropriation in the following 3 fiscal years | 
| 359 | year, or transfer current year funds, it shall first provide the | 
| 360 | joint Legislative Budget Commission and the legislative | 
| 361 | appropriations committees with a fiscal impact statement that | 
| 362 | details the effects of such action on the budget. The fiscal | 
| 363 | impact statement must specify the estimated budget and revenue | 
| 364 | impacts for the current year and the 2 subsequent fiscal years | 
| 365 | at the same level of detail required to support a legislative | 
| 366 | budget request, including amounts by appropriation category and | 
| 367 | fund. | 
| 368 | Section 9.  Subsection (1) of section 216.162, Florida | 
| 369 | Statutes, is amended to read: | 
| 370 | 216.162  Governor's recommended budget to be furnished | 
| 371 | Legislature; copies to members.-- | 
| 372 | (1)  At least 30 days before the scheduled annual | 
| 373 | legislative session, or at a later date if requested by the | 
| 374 | Governor and approved in writing by the President of the Senate | 
| 375 | and the Speaker of the House of Representatives, the Governor | 
| 376 | shall furnish each senator and representative a copy of his or | 
| 377 | her recommended balanced budget for the state, based on the | 
| 378 | Governor's own conclusions and judgment ; however, in his or her | 
| 379 | first year in office a new Governor may request, subject to | 
| 380 | approval of the President of the Senate and the Speaker of the | 
| 381 | House of Representatives, that his or her recommended balanced | 
| 382 | budget be submitted at a later time prior to the Governor's | 
| 383 | first regular legislative session. | 
| 384 | Section 10.  Subsection (2) of section 216.178, Florida | 
| 385 | Statutes, is amended to read: | 
| 386 | 216.178  General Appropriations Act; format; procedure.-- | 
| 387 | (2)  The Office of Planning and Budgeting shall develop a | 
| 388 | final budget report that reflects the net appropriations for | 
| 389 | each budget item. The report shall reflect actual expenditures | 
| 390 | for each of the 2 preceding fiscal years and the estimated | 
| 391 | expenditures for the current fiscal year. In addition, the | 
| 392 | report must contain the actual revenues and cash balances for | 
| 393 | the preceding 2 fiscal years and the estimated revenues and cash | 
| 394 | balances for the current fiscal year. The report may also | 
| 395 | contain expenditure data, program objectives, and program | 
| 396 | measures for each state agency program. The report must be | 
| 397 | produced by the 120th day of October 15each fiscal year. A copy | 
| 398 | of the report must be made available to each member of the | 
| 399 | Legislature, to the head of each state agency, to the Auditor | 
| 400 | General, to the director of the Office of Program Policy | 
| 401 | Analysis and Government Accountability, and to the public. | 
| 402 | Section 11.  This act shall take effect upon the effective | 
| 403 | date of the amendment to the State Constitution contained in | 
| 404 | 2005 Senate Joint Resolution No. 2144, or a similar | 
| 405 | constitutional amendment, relating to the state budgeting, | 
| 406 | planning, and appropriations processes. |