HB 7181

1
A bill to be entitled
2An act relating to state planning and budgeting; amending
3s. 11.90, F.S.; revising the membership of the Legislative
4Budget Commission; providing for the appointment of
5presiding officers; revising requirements for meetings and
6a quorum; revising requirements for appointing the staff
7of the commission; requiring the commission to review
8budget amendments recommended by the Governor or Chief
9Justice; authorizing the commission to perform other
10duties prescribed by the Legislature; creating s. 11.91,
11F.S.; creating the Government Efficiency Task Force for
12the purpose of recommending improvements to governmental
13operations and cost reductions; providing for the
14Governor, the President of the Senate, and the Speaker of
15the House of Representatives to appoint its members;
16requiring that the task force meet at 4-year intervals
17beginning on a specified date; authorizing the task force
18to conduct meetings through teleconferences; providing for
19members to be reimbursed for per diem and travel expenses;
20requiring the task force to complete its work within 1
21year and report to the Legislative Budget Commission, the
22Governor, and the Chief Justice of the Supreme Court;
23amending s. 29.0095, F.S.; requiring the legislative
24appropriations committees to prescribe the format of
25budget expenditure reports; amending s. 100.371, F.S.;
26specifying that the Financial Impact Estimating Conference
27is within the legislative branch of government and under
28the direction of the President of the Senate and the
29Speaker of the House of Representatives; revising
30provisions governing public meetings of the conference;
31amending s. 216.011, F.S.; redefining the term
32"consultation" and defining the term "long-range financial
33outlook" for purposes of state fiscal affairs; creating s.
34216.012, F.S.; providing requirements for the long-range
35financial outlook prepared by the Legislative Budget
36Commission; requiring state agencies to provide certain
37information; prescribing authority of the commission with
38respect to such information; specifying timeframes for the
39commission in completing the long-range financial outlook;
40amending s. 216.023, F.S.; clarifying certain requirements
41for legislative budget instructions; amending s. 216.065,
42F.S.; requiring that fiscal impact statements be provided
43to the Legislative Budget Commission in addition to the
44legislative appropriations committees; requiring that such
45statements contain information concerning subsequent
46fiscal years; amending s. 216.162, F.S.; revising the date
47for the Governor's recommended budget to be furnished to
48the Legislature; authorizing the presiding officers of the
49Legislature to approve submission of the Governor's
50recommended budget at a later date than otherwise
51required; amending s. 216.178, F.S.; extending the
52deadline for production of the final budget; providing a
53contingent effective date.
54
55Be It Enacted by the Legislature of the State of Florida:
56
57     Section 1.  Section 11.90, Florida Statutes, is amended to
58read:
59     11.90  Legislative Budget Commission.--
60     (1)  There is created the Legislative Budget Commission,
61which is the joint Legislative Budget Commission created in s.
6219, Art. III of the State Constitution, composed of seven
63members of the Senate appointed by the President of the Senate
64and seven members of the House of Representatives appointed by
65the Speaker of the House of Representatives. Each member shall
66serve at the pleasure of the officer who appointed the member. A
67vacancy on the commission shall be filled in the same manner as
68the original appointment. From November of each odd-numbered
69year through October of each even-numbered year, the chairperson
70of the commission shall be appointed by the President of the
71Senate and the vice chairperson of the commission shall be
72appointed by the Speaker of the House of Representatives. From
73November of each even-numbered year through October of each odd-
74numbered year, the chairperson of the commission shall be
75appointed by the Speaker of the House of Representatives and the
76vice chairperson of the commission shall be appointed by the
77President of the Senate. There is created a standing joint
78committee of the Legislature designated the Legislative Budget
79Commission, composed of 14 members as follows: seven members of
80the Senate appointed by the President of the Senate, to include
81the chair of the Senate Budget Committee or its successor, and
82seven members of the House of Representatives appointed by the
83Speaker of the House of Representatives, to include the chair of
84the Fiscal Responsibility Council or its successor. The terms of
85members shall be for 2 years and shall run from the organization
86of one Legislature to the organization of the next Legislature.
87Vacancies occurring during the interim period shall be filled in
88the same manner as the original appointment. During even-
89numbered years, the chair of the commission shall be the chair
90of the Senate Budget Committee or its successor, and the vice
91chair of the commission shall be the chair of the House Fiscal
92Responsibility Council or its successor. During odd-numbered
93years, the chair of the commission shall be the chair of the
94House Fiscal Responsibility Council or its successor, and the
95vice chair of the commission shall be the chair of the Senate
96Budget Committee or its successor.
97     (2)  The Legislative Budget Commission shall be governed by
98joint rules of the Senate and the House of Representatives which
99shall remain in effect until repealed or amended by concurrent
100resolution.
101     (3)  The commission shall convene at the call of the
102President of the Senate and the Speaker of the House of
103Representatives at least quarterly. A majority of the commission
104members of each house plus one additional member from either
105house constitutes a quorum. The commission shall meet at least
106quarterly and more frequently at the direction of the presiding
107officers or upon call of the chair. A quorum shall consist of a
108majority of members from each house, plus one additional member
109from either house. Action by the commission requires a majority
110vote of the members present of each house.
111     (4)  The commission may conduct its meetings through
112teleconferences or other similar means.
113     (5)  The commission shall be staffed by legislative staff
114members, as assigned by the President of the Senate and the
115Speaker of the House of Representatives. The commission will be
116jointly staffed by the appropriations committees of the House of
117Representatives and the Senate. During even-numbered years, the
118Senate will serve as lead staff, and during odd-numbered years,
119the 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
122recommended by the Governor or the Chief Justice of the Supreme
123Court as provided in chapter 216. Annually review the amount of
124state debt outstanding and submit to the President of the Senate
125and the Speaker of the House of Representatives an estimate of
126the maximum amount of additional state tax-supported debt that
127prudently may be authorized during the current fiscal year. The
128estimate shall be advisory and shall in no way bind the
129Legislature.
130     (b)  Develop the long-range financial outlook described in
131s. 19, Art. III of the State Constitution. Promptly after
132receiving the report required by s. 215.98(2)(c), the commission
133shall submit to the President of the Senate and the Speaker of
134the House of Representatives the commission's estimate of tax-
135supported debt which prudently may be authorized for the next
136fiscal year, together with a report explaining the basis for the
137estimate.
138
139In addition to the powers and duties specified in this
140subsection, the commission shall exercise all other powers and
141perform any other duties prescribed by the Legislature.
142     (7)  The commission shall review information resources
143management needs identified in agency long-range program plans
144for consistency with the State Annual Report on Enterprise
145Resource Planning and Management and statewide policies adopted
146by the State Technology Office. The commission shall also review
147proposed budget amendments associated with information
148technology that involve more than one agency, that have an
149outcome that impacts another agency, or that exceed $500,000 in
150total cost over a 1-year period.
151     Section 2.  Section 11.91, Florida Statutes, is created to
152read:
153     11.91  Government Efficiency Task Force.--
154     (1)  There is created the Government Efficiency Task Force.
155The task force shall convene no later than January 2007, and
156each 4th year thereafter. The task force shall be composed of 15
157members. Five members shall be appointed by the President of the
158Senate, five members shall be appointed by the Speaker of the
159House of Representatives, and five members shall be appointed by
160the Governor. Members of the task force may include
161representatives from the private sector, as designated by the
162President of the Senate, the Speaker of the House of
163Representatives, and the Governor. Each member shall serve at
164the pleasure of the officer who appointed the member. A vacancy
165on the task force shall be filled in the same manner as the
166original appointment. The terms of the members shall be for 1
167year.
168     (2)  The task force shall elect a chair from among its
169members.
170     (3)  The task force shall meet as necessary, but at least
171quarterly, at the call of the chair and at the time and place
172designated by him or her. The task force may conduct its
173meetings through teleconferences or other similar means.
174     (4)  Members of the task force are entitled to receive
175reimbursement for per diem and travel expenses pursuant to s.
176112.061.
177     (5)  The task force shall develop recommendations for
178improving governmental operations and reducing costs. Staff to
179assist the task force in performing its duties shall be assigned
180by the President of the Senate, the Speaker of the House of
181Representatives, and the Governor. The task force shall consider
182reports issued by the Auditor General, the Office of Program
183Policy Analysis and Government Accountability, and agency
184inspectors general in developing its recommendations.
185     (6)  The task force shall complete its work within 1 year
186and submit its recommendations to the chairperson and vice
187chairperson of the Legislative Budget Commission, the Governor,
188and the Chief Justice of the Supreme Court. The task force may
189submit all or part of its recommendations at any time during the
190year, but a final report summarizing its recommendations must be
191submitted at the completion of its work.
192     Section 3.  Subsection (4) of section 29.0095, Florida
193Statutes, is amended to read:
194     29.0095  Budget expenditure reports.--
195     (4)  The appropriations committees of the Senate and the
196House of Representatives Legislative Budget Commission shall
197prescribe the format of the report required by this section in
198consultation with the Chief Justice and the Justice
199Administrative Commission.
200     Section 4.  Subsection (5) of section 100.371, Florida
201Statutes, as amended by section 28 of chapter 2005-278, Laws of
202Florida, 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
205or amendment to the State Constitution by initiative petition
206from the Secretary of State, the Financial Impact Estimating
207Conference shall complete an analysis and financial impact
208statement to be placed on the ballot of the estimated increase
209or decrease in any revenues or costs to state or local
210governments resulting from the proposed initiative. The
211Financial Impact Estimating Conference shall submit the
212financial impact statement to the Attorney General and Secretary
213of State.
214     (b)1.  The Financial Impact Estimating Conference shall
215provide an opportunity for any proponents or opponents of the
216initiative to submit information and may solicit information or
217analysis from any other entities or agencies, including the
218Office of Economic and Demographic Research.
219     (c)  All meetings of the Financial Impact Estimating
220Conference shall be open to the public as provided in chapter
221286. The President of the Senate and the Speaker of the House of
222Representatives, jointly, shall be the sole judge for the
223interpretation, implementation, and enforcement of this
224subsection.
225     1.2.  The Financial Impact Estimating Conference is
226established to review, analyze, and estimate the financial
227impact of amendments to or revisions of the State Constitution
228proposed by initiative. The Financial Impact Estimating
229Conference shall consist of four principals: one person from the
230Executive Office of the Governor; the coordinator of the Office
231of Economic and Demographic Research, or his or her designee;
232one person from the professional staff of the Senate; and one
233person from the professional staff of the House of
234Representatives. Each principal shall have appropriate fiscal
235expertise in the subject matter of the initiative. A Financial
236Impact Estimating Conference may be appointed for each
237initiative.
238     2.3.  Principals of the Financial Impact Estimating
239Conference shall reach a consensus or majority concurrence on a
240clear and unambiguous financial impact statement, no more than
24175 words in length, and immediately submit the statement to the
242Attorney General. Nothing in this subsection prohibits the
243Financial Impact Estimating Conference from setting forth a
244range of potential impacts in the financial impact statement.
245Any financial impact statement that a court finds not to be in
246accordance with this section shall be remanded solely to the
247Financial Impact Estimating Conference for redrafting. The
248Financial Impact Estimating Conference shall redraft the
249financial impact statement within 15 days.
250     3.4.  If the members of the Financial Impact Estimating
251Conference are unable to agree on the statement required by this
252subsection, or if the Supreme Court has rejected the initial
253submission by the Financial Impact Estimating Conference and no
254redraft has been approved by the Supreme Court by 5 p.m. on the
25575th day before the election, the following statement shall
256appear on the ballot pursuant to s. 101.161(1): "The financial
257impact of this measure, if any, cannot be reasonably determined
258at this time."
259     (d)(c)  The financial impact statement must be separately
260contained and be set forth after the ballot summary as required
261in s. 101.161(1).
262     (e)(d)1.  Any financial impact statement that the Supreme
263Court finds not to be in accordance with this subsection shall
264be remanded solely to the Financial Impact Estimating Conference
265for redrafting, provided the court's advisory opinion is
266rendered at least 75 days before the election at which the
267question of ratifying the amendment will be presented. The
268Financial Impact Estimating Conference shall prepare and adopt a
269revised financial impact statement no later than 5 p.m. on the
27015th day after the date of the court's opinion.
271     2.  If, by 5 p.m. on the 75th day before the election, the
272Supreme Court has not issued an advisory opinion on the initial
273financial impact statement prepared by the Financial Impact
274Estimating Conference for an initiative amendment that otherwise
275meets the legal requirements for ballot placement, the financial
276impact statement shall be deemed approved for placement on the
277ballot.
278     3.  In addition to the financial impact statement required
279by this subsection, the Financial Impact Estimating Conference
280shall draft an initiative financial information statement. The
281initiative financial information statement should describe in
282greater detail than the financial impact statement any projected
283increase or decrease in revenues or costs that the state or
284local governments would likely experience if the ballot measure
285were approved. If appropriate, the initiative financial
286information statement may include both estimated dollar amounts
287and a description placing the estimated dollar amounts into
288context. The initiative financial information statement must
289include both a summary of not more than 500 words and additional
290detailed information that includes the assumptions that were
291made to develop the financial impacts, workpapers, and any other
292information deemed relevant by the Financial Impact Estimating
293Conference.
294     4.  The Department of State shall have printed, and shall
295furnish to each supervisor of elections, a copy of the summary
296from the initiative financial information statements. The
297supervisors shall have the summary from the initiative financial
298information statements available at each polling place and at
299the main office of the supervisor of elections upon request.
300     5.  The Secretary of State and the Office of Economic and
301Demographic Research shall make available on the Internet each
302initiative financial information statement in its entirety. In
303addition, each supervisor of elections whose office has a
304website shall post the summary from each initiative financial
305information statement on the website. Each supervisor shall
306include the Internet addresses for the information statements on
307the Secretary of State's and the Office of Economic and
308Demographic Research's websites in the publication or mailing
309required by s. 101.20.
310     Section 5.  Paragraph (h) of subsection (1) of section
311216.011, Florida Statutes, is amended, and paragraph (tt) is
312added to that subsection, to read:
313     216.011  Definitions.--
314     (1)  For the purpose of fiscal affairs of the state,
315appropriations acts, legislative budgets, and approved budgets,
316each of the following terms has the meaning indicated:
317     (h)  "Consultation" means communication to allow government
318officials and agencies to deliberate and to seek and provide
319advice in an open and forthright manner with the full committee,
320a subcommittee thereof, the chair, or the staff as deemed
321appropriate by the chair of the respective appropriations
322committee.
323     (tt)  "Long-range financial outlook" means a document
324issued by the Legislative Budget Commission based on a 3-year
325forecast of revenues and expenditures.
326     Section 6.  Section 216.012, Florida Statutes, is created
327to read:
328     216.012  Long-range financial outlook.--
329     (1)  The commission shall develop a long-range 3-year
330financial outlook and shall update that outlook each year.
331     (2)  Each state agency shall provide information to the
332commission, based on the commission's direction, which supports
333the commission's development and updates of the long-range
334financial outlook. The commission has the authority to accept,
335modify, or direct the agency to modify any information received
336from an agency.
337     (3)  By September 15 of each year, the commission shall
338complete the long-range financial outlook. The commission may
339subsequently provide any additions or adjustments to the outlook
340based on information not previously available.
341     Section 7.  Subsection (12) of section 216.023, Florida
342Statutes, is amended to read:
343     216.023  Legislative budget requests to be furnished to
344Legislature by agencies.--
345     (12)  In order to ensure an integrated state planning and
346budgeting process, the agency long-range plan should be reviewed
347by the Legislature. The legislative budget request instructions
348must provide for consistency between the agency's long-range
349plan and the agency's legislative budget request.
350     Section 8.  Section 216.065, Florida Statutes, is amended
351to read:
352     216.065  Fiscal impact statements on actions affecting the
353budget.--In addition to the applicable requirements of chapter
354120, before the Governor, or Governor and Cabinet as a body,
355performing any constitutional or statutory duty, or before any
356state agency or statutorily authorized entity takes any final
357action that will affect revenues, require a request for an
358increased or new appropriation in the following 3 fiscal years
359year, or transfer current year funds, it shall first provide the
360joint Legislative Budget Commission and the legislative
361appropriations committees with a fiscal impact statement that
362details the effects of such action on the budget. The fiscal
363impact statement must specify the estimated budget and revenue
364impacts for the current year and the 2 subsequent fiscal years
365at the same level of detail required to support a legislative
366budget request, including amounts by appropriation category and
367fund.
368     Section 9.  Subsection (1) of section 216.162, Florida
369Statutes, is amended to read:
370     216.162  Governor's recommended budget to be furnished
371Legislature; copies to members.--
372     (1)  At least 30 days before the scheduled annual
373legislative session, or at a later date if requested by the
374Governor and approved in writing by the President of the Senate
375and the Speaker of the House of Representatives, the Governor
376shall furnish each senator and representative a copy of his or
377her recommended balanced budget for the state, based on the
378Governor's own conclusions and judgment; however, in his or her
379first year in office a new Governor may request, subject to
380approval of the President of the Senate and the Speaker of the
381House of Representatives, that his or her recommended balanced
382budget be submitted at a later time prior to the Governor's
383first regular legislative session.
384     Section 10.  Subsection (2) of section 216.178, Florida
385Statutes, is amended to read:
386     216.178  General Appropriations Act; format; procedure.--
387     (2)  The Office of Planning and Budgeting shall develop a
388final budget report that reflects the net appropriations for
389each budget item. The report shall reflect actual expenditures
390for each of the 2 preceding fiscal years and the estimated
391expenditures for the current fiscal year. In addition, the
392report must contain the actual revenues and cash balances for
393the preceding 2 fiscal years and the estimated revenues and cash
394balances for the current fiscal year. The report may also
395contain expenditure data, program objectives, and program
396measures for each state agency program. The report must be
397produced by the 120th day of October 15 each fiscal year. A copy
398of the report must be made available to each member of the
399Legislature, to the head of each state agency, to the Auditor
400General, to the director of the Office of Program Policy
401Analysis and Government Accountability, and to the public.
402     Section 11.  This act shall take effect upon the effective
403date of the amendment to the State Constitution contained in
4042005 Senate Joint Resolution No. 2144, or a similar
405constitutional amendment, relating to the state budgeting,
406planning, and appropriations processes.


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