HB 7181CS

CHAMBER ACTION



1The Fiscal Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to state planning and budgeting; amending
7s. 11.90, F.S.; revising the membership of the Legislative
8Budget Commission; providing for the appointment of
9presiding officers; revising requirements for meetings and
10a quorum; revising requirements for appointing the staff
11of the commission; requiring the commission to review
12budget amendments recommended by the Governor or Chief
13Justice; authorizing the commission to perform other
14duties prescribed by the Legislature; creating s. 11.91,
15F.S.; creating the Government Efficiency Task Force for
16the purpose of recommending improvements to governmental
17operations and cost reductions; providing for the
18Governor, the President of the Senate, and the Speaker of
19the House of Representatives to appoint its members;
20requiring that the task force meet at 4-year intervals
21beginning on a specified date; authorizing the task force
22to conduct meetings through teleconferences; providing for
23members to be reimbursed for per diem and travel expenses;
24requiring the task force to complete its work within 1
25year and report to the Legislative Budget Commission, the
26Governor, and the Chief Justice of the Supreme Court;
27amending s. 29.0095, F.S.; requiring the legislative
28appropriations committees to prescribe the format of
29budget expenditure reports; amending s. 100.371, F.S.;
30specifying that the Financial Impact Estimating Conference
31is within the legislative branch of government and under
32the direction of the President of the Senate and the
33Speaker of the House of Representatives; revising
34provisions governing public meetings of the conference;
35amending s. 216.011, F.S.; redefining the term
36"consultation" and defining the term "long-range financial
37outlook" for purposes of state fiscal affairs; creating s.
38216.012, F.S.; providing requirements for the long-range
39financial outlook prepared by the Legislative Budget
40Commission; requiring state agencies to provide certain
41information; prescribing authority of the commission with
42respect to such information; specifying timeframes for the
43commission in completing the long-range financial outlook;
44amending s. 216.023, F.S.; clarifying certain requirements
45for legislative budget instructions; amending s. 216.065,
46F.S.; requiring that fiscal impact statements be provided
47to the Legislative Budget Commission in addition to the
48legislative appropriations committees; requiring that such
49statements contain information concerning subsequent
50fiscal years; amending s. 216.162, F.S.; revising the date
51for the Governor's recommended budget to be furnished to
52the Legislature; authorizing the presiding officers of the
53Legislature to approve submission of the Governor's
54recommended budget at a later date than otherwise
55required; amending s. 216.178, F.S.; extending the
56deadline for production of the final budget; providing a
57contingent effective date.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  Section 11.90, Florida Statutes, is amended to
62read:
63     11.90  Legislative Budget Commission.--
64     (1)  There is created the Legislative Budget Commission,
65which is the joint Legislative Budget Commission created in s.
6619, Art. III of the State Constitution, composed of seven
67members of the Senate appointed by the President of the Senate
68and seven members of the House of Representatives appointed by
69the Speaker of the House of Representatives. Each member shall
70serve at the pleasure of the officer who appointed the member. A
71vacancy on the commission shall be filled in the same manner as
72the original appointment. From November of each odd-numbered
73year through October of each even-numbered year, the chairperson
74of the commission shall be appointed by the President of the
75Senate and the vice chairperson of the commission shall be
76appointed by the Speaker of the House of Representatives. From
77November of each even-numbered year through October of each odd-
78numbered year, the chairperson of the commission shall be
79appointed by the Speaker of the House of Representatives and the
80vice chairperson of the commission shall be appointed by the
81President of the Senate. There is created a standing joint
82committee of the Legislature designated the Legislative Budget
83Commission, composed of 14 members as follows: seven members of
84the Senate appointed by the President of the Senate, to include
85the chair of the Senate Budget Committee or its successor, and
86seven members of the House of Representatives appointed by the
87Speaker of the House of Representatives, to include the chair of
88the Fiscal Responsibility Council or its successor. The terms of
89members shall be for 2 years and shall run from the organization
90of one Legislature to the organization of the next Legislature.
91Vacancies occurring during the interim period shall be filled in
92the same manner as the original appointment. During even-
93numbered years, the chair of the commission shall be the chair
94of the Senate Budget Committee or its successor, and the vice
95chair of the commission shall be the chair of the House Fiscal
96Responsibility Council or its successor. During odd-numbered
97years, the chair of the commission shall be the chair of the
98House Fiscal Responsibility Council or its successor, and the
99vice chair of the commission shall be the chair of the Senate
100Budget Committee or its successor.
101     (2)  The Legislative Budget Commission shall be governed by
102joint rules of the Senate and the House of Representatives which
103shall remain in effect until repealed or amended by concurrent
104resolution.
105     (3)  The commission shall convene at the call of the
106President of the Senate and the Speaker of the House of
107Representatives at least quarterly. A majority of the commission
108members of each house plus one additional member from either
109house constitutes a quorum. The commission shall meet at least
110quarterly and more frequently at the direction of the presiding
111officers or upon call of the chair. A quorum shall consist of a
112majority of members from each house, plus one additional member
113from either house. Action by the commission requires a majority
114vote of the members present of each house.
115     (4)  The commission may conduct its meetings through
116teleconferences or other similar means.
117     (5)  The commission shall be staffed by legislative staff
118members, as assigned by the President of the Senate and the
119Speaker of the House of Representatives. The commission will be
120jointly staffed by the appropriations committees of the House of
121Representatives and the Senate. During even-numbered years, the
122Senate will serve as lead staff, and during odd-numbered years,
123the House of Representatives will serve as lead staff.
124     (6)  The commission shall have the power and duty to:
125     (a)  Review and approve or disapprove budget amendments
126recommended by the Governor or the Chief Justice of the Supreme
127Court as provided in chapter 216. Annually review the amount of
128state debt outstanding and submit to the President of the Senate
129and the Speaker of the House of Representatives an estimate of
130the maximum amount of additional state tax-supported debt that
131prudently may be authorized during the current fiscal year. The
132estimate shall be advisory and shall in no way bind the
133Legislature.
134     (b)  Develop the long-range financial outlook described in
135s. 19, Art. III of the State Constitution. Promptly after
136receiving the report required by s. 215.98(2)(c), the commission
137shall submit to the President of the Senate and the Speaker of
138the House of Representatives the commission's estimate of tax-
139supported debt which prudently may be authorized for the next
140fiscal year, together with a report explaining the basis for the
141estimate.
142
143In addition to the powers and duties specified in this
144subsection, the commission shall exercise all other powers and
145perform any other duties prescribed by the Legislature.
146     (7)  The commission shall review information resources
147management needs identified in agency long-range program plans
148for consistency with the State Annual Report on Enterprise
149Resource Planning and Management and statewide policies adopted
150by the State Technology Office. The commission shall also review
151proposed budget amendments associated with information
152technology that involve more than one agency, that have an
153outcome that impacts another agency, or that exceed $500,000 in
154total cost over a 1-year period.
155     Section 2.  Section 11.91, Florida Statutes, is created to
156read:
157     11.91  Government Efficiency Task Force.--
158     (1)  There is created the Government Efficiency Task Force.
159The task force shall convene no later than January 2007, and
160each 4th year thereafter. The task force shall be composed of 15
161members. Five members shall be appointed by the President of the
162Senate, five members shall be appointed by the Speaker of the
163House of Representatives, and five members shall be appointed by
164the Governor. The task force shall be composed of members of the
165Legislature and representatives from the private and public
166sectors, as designated by the President of the Senate, the
167Speaker of the House of Representatives, and the Governor. Each
168member shall serve at the pleasure of the officer who appointed
169the member. A vacancy on the task force shall be filled in the
170same manner as the original appointment. The terms of the
171members shall be for 1 year.
172     (2)  The task force shall elect a chair from among its
173members.
174     (3)  The task force shall meet as necessary, but at least
175quarterly, at the call of the chair and at the time and place
176designated by him or her. The task force may conduct its
177meetings through teleconferences or other similar means.
178     (4)  Members of the task force are entitled to receive
179reimbursement for per diem and travel expenses pursuant to s.
180112.061.
181     (5)  The task force shall develop recommendations for
182improving governmental operations and reducing costs. Staff to
183assist the task force in performing its duties shall be assigned
184by the President of the Senate, the Speaker of the House of
185Representatives, and the Governor. The task force shall consider
186reports issued by the Auditor General, the Office of Program
187Policy Analysis and Government Accountability, and agency
188inspectors general in developing its recommendations.
189     (6)  The task force shall complete its work within 1 year
190and submit its recommendations to the chairperson and vice
191chairperson of the Legislative Budget Commission, the Governor,
192and the Chief Justice of the Supreme Court. The task force may
193submit all or part of its recommendations at any time during the
194year, but a final report summarizing its recommendations must be
195submitted at the completion of its work.
196     Section 3.  Subsection (4) of section 29.0095, Florida
197Statutes, is amended to read:
198     29.0095  Budget expenditure reports.--
199     (4)  The appropriations committees of the Senate and the
200House of Representatives Legislative Budget Commission shall
201prescribe the format of the report required by this section in
202consultation with the Chief Justice and the Justice
203Administrative Commission.
204     Section 4.  Subsection (5) of section 100.371, Florida
205Statutes, as amended by section 28 of chapter 2005-278, Laws of
206Florida, is amended to read:
207     100.371  Initiatives; procedure for placement on ballot.--
208     (5)(a)  Within 45 days after receipt of a proposed revision
209or amendment to the State Constitution by initiative petition
210from the Secretary of State, the Financial Impact Estimating
211Conference shall complete an analysis and financial impact
212statement to be placed on the ballot of the estimated increase
213or decrease in any revenues or costs to state or local
214governments resulting from the proposed initiative. The
215Financial Impact Estimating Conference shall submit the
216financial impact statement to the Attorney General and Secretary
217of State.
218     (b)1.  The Financial Impact Estimating Conference shall
219provide an opportunity for any proponents or opponents of the
220initiative to submit information and may solicit information or
221analysis from any other entities or agencies, including the
222Office of Economic and Demographic Research.
223     (c)  All meetings of the Financial Impact Estimating
224Conference shall be open to the public as provided in chapter
225286. The President of the Senate and the Speaker of the House of
226Representatives, jointly, shall be the sole judge for the
227interpretation, implementation, and enforcement of this
228subsection.
229     1.2.  The Financial Impact Estimating Conference is
230established to review, analyze, and estimate the financial
231impact of amendments to or revisions of the State Constitution
232proposed by initiative. The Financial Impact Estimating
233Conference shall consist of four principals: one person from the
234Executive Office of the Governor; the coordinator of the Office
235of Economic and Demographic Research, or his or her designee;
236one person from the professional staff of the Senate; and one
237person from the professional staff of the House of
238Representatives. Each principal shall have appropriate fiscal
239expertise in the subject matter of the initiative. A Financial
240Impact Estimating Conference may be appointed for each
241initiative.
242     2.3.  Principals of the Financial Impact Estimating
243Conference shall reach a consensus or majority concurrence on a
244clear and unambiguous financial impact statement, no more than
24575 words in length, and immediately submit the statement to the
246Attorney General. Nothing in this subsection prohibits the
247Financial Impact Estimating Conference from setting forth a
248range of potential impacts in the financial impact statement.
249Any financial impact statement that a court finds not to be in
250accordance with this section shall be remanded solely to the
251Financial Impact Estimating Conference for redrafting. The
252Financial Impact Estimating Conference shall redraft the
253financial impact statement within 15 days.
254     3.4.  If the members of the Financial Impact Estimating
255Conference are unable to agree on the statement required by this
256subsection, or if the Supreme Court has rejected the initial
257submission by the Financial Impact Estimating Conference and no
258redraft has been approved by the Supreme Court by 5 p.m. on the
25975th day before the election, the following statement shall
260appear on the ballot pursuant to s. 101.161(1): "The financial
261impact of this measure, if any, cannot be reasonably determined
262at this time."
263     (d)(c)  The financial impact statement must be separately
264contained and be set forth after the ballot summary as required
265in s. 101.161(1).
266     (e)(d)1.  Any financial impact statement that the Supreme
267Court finds not to be in accordance with this subsection shall
268be remanded solely to the Financial Impact Estimating Conference
269for redrafting, provided the court's advisory opinion is
270rendered at least 75 days before the election at which the
271question of ratifying the amendment will be presented. The
272Financial Impact Estimating Conference shall prepare and adopt a
273revised financial impact statement no later than 5 p.m. on the
27415th day after the date of the court's opinion.
275     2.  If, by 5 p.m. on the 75th day before the election, the
276Supreme Court has not issued an advisory opinion on the initial
277financial impact statement prepared by the Financial Impact
278Estimating Conference for an initiative amendment that otherwise
279meets the legal requirements for ballot placement, the financial
280impact statement shall be deemed approved for placement on the
281ballot.
282     3.  In addition to the financial impact statement required
283by this subsection, the Financial Impact Estimating Conference
284shall draft an initiative financial information statement. The
285initiative financial information statement should describe in
286greater detail than the financial impact statement any projected
287increase or decrease in revenues or costs that the state or
288local governments would likely experience if the ballot measure
289were approved. If appropriate, the initiative financial
290information statement may include both estimated dollar amounts
291and a description placing the estimated dollar amounts into
292context. The initiative financial information statement must
293include both a summary of not more than 500 words and additional
294detailed information that includes the assumptions that were
295made to develop the financial impacts, workpapers, and any other
296information deemed relevant by the Financial Impact Estimating
297Conference.
298     4.  The Department of State shall have printed, and shall
299furnish to each supervisor of elections, a copy of the summary
300from the initiative financial information statements. The
301supervisors shall have the summary from the initiative financial
302information statements available at each polling place and at
303the main office of the supervisor of elections upon request.
304     5.  The Secretary of State and the Office of Economic and
305Demographic Research shall make available on the Internet each
306initiative financial information statement in its entirety. In
307addition, each supervisor of elections whose office has a
308website shall post the summary from each initiative financial
309information statement on the website. Each supervisor shall
310include the Internet addresses for the information statements on
311the Secretary of State's and the Office of Economic and
312Demographic Research's websites in the publication or mailing
313required by s. 101.20.
314     Section 5.  Paragraph (h) of subsection (1) of section
315216.011, Florida Statutes, is amended, and paragraph (tt) is
316added to that subsection, to read:
317     216.011  Definitions.--
318     (1)  For the purpose of fiscal affairs of the state,
319appropriations acts, legislative budgets, and approved budgets,
320each of the following terms has the meaning indicated:
321     (h)  "Consultation" means communication to allow government
322officials and agencies to deliberate and to seek and provide
323advice in an open and forthright manner with the full committee,
324a subcommittee thereof, the chair, or the staff as deemed
325appropriate by the chair of the respective appropriations
326committee.
327     (tt)  "Long-range financial outlook" means a document
328issued by the Legislative Budget Commission based on a 3-year
329forecast of revenues and expenditures.
330     Section 6.  Section 216.012, Florida Statutes, is created
331to read:
332     216.012  Long-range financial outlook.--
333     (1)  The commission shall develop a long-range 3-year
334financial outlook and shall update that outlook each year.
335     (2)  Each state agency shall provide information to the
336commission, based on the commission's direction, which supports
337the commission's development and updates of the long-range
338financial outlook. The commission has the authority to accept,
339modify, or direct the agency to modify any information received
340from an agency.
341     (3)  By September 15 of each year, the commission shall
342complete the long-range financial outlook. The commission may
343subsequently provide any additions or adjustments to the outlook
344based on information not previously available.
345     Section 7.  Subsection (12) of section 216.023, Florida
346Statutes, is amended to read:
347     216.023  Legislative budget requests to be furnished to
348Legislature by agencies.--
349     (12)  In order to ensure an integrated state planning and
350budgeting process, the agency long-range plan should be reviewed
351by the Legislature. The legislative budget request instructions
352must provide for consistency between the agency's long-range
353plan and the agency's legislative budget request.
354     Section 8.  Section 216.065, Florida Statutes, is amended
355to read:
356     216.065  Fiscal impact statements on actions affecting the
357budget.--In addition to the applicable requirements of chapter
358120, before the Governor, or Governor and Cabinet as a body,
359performing any constitutional or statutory duty, or before any
360state agency or statutorily authorized entity takes any final
361action that will affect revenues, require a request for an
362increased or new appropriation in the following 3 fiscal years
363year, or transfer current year funds, it shall first provide the
364joint Legislative Budget Commission and the legislative
365appropriations committees with a fiscal impact statement that
366details the effects of such action on the budget. The fiscal
367impact statement must specify the estimated budget and revenue
368impacts for the current year and the 2 subsequent fiscal years
369at the same level of detail required to support a legislative
370budget request, including amounts by appropriation category and
371fund.
372     Section 9.  Subsection (1) of section 216.162, Florida
373Statutes, is amended to read:
374     216.162  Governor's recommended budget to be furnished
375Legislature; copies to members.--
376     (1)  At least 30 days before the scheduled annual
377legislative session, or at a later date if requested by the
378Governor and approved in writing by the President of the Senate
379and the Speaker of the House of Representatives, the Governor
380shall furnish each senator and representative a copy of his or
381her recommended balanced budget for the state, based on the
382Governor's own conclusions and judgment; however, in his or her
383first year in office a new Governor may request, subject to
384approval of the President of the Senate and the Speaker of the
385House of Representatives, that his or her recommended balanced
386budget be submitted at a later time prior to the Governor's
387first regular legislative session.
388     Section 10.  Subsection (2) of section 216.178, Florida
389Statutes, is amended to read:
390     216.178  General Appropriations Act; format; procedure.--
391     (2)  The Office of Planning and Budgeting shall develop a
392final budget report that reflects the net appropriations for
393each budget item. The report shall reflect actual expenditures
394for each of the 2 preceding fiscal years and the estimated
395expenditures for the current fiscal year. In addition, the
396report must contain the actual revenues and cash balances for
397the preceding 2 fiscal years and the estimated revenues and cash
398balances for the current fiscal year. The report may also
399contain expenditure data, program objectives, and program
400measures for each state agency program. The report must be
401produced by the 120th day of October 15 each fiscal year. A copy
402of the report must be made available to each member of the
403Legislature, to the head of each state agency, to the Auditor
404General, to the director of the Office of Program Policy
405Analysis and Government Accountability, and to the public.
406     Section 11.  This act shall take effect upon the effective
407date of the amendment to the State Constitution contained in
4082005 Senate Joint Resolution No. 2144, or a similar
409constitutional amendment, relating to the state budgeting,
410planning, and appropriations processes.


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