HB 7189

1	A bill to be entitled
2	An act relating to state financial matters; amending s.
3	11.243, F.S.; providing for the moneys collected from the
4	sale of the Florida Statutes or other publications to be
5	deposited in a specified trust fund; amending s. 11.513,
6	F.S.; requiring the Chief Justice of the Supreme Court to
7	develop program monitoring plans; requiring that
8	additional data be included in the plans for monitoring
9	major programs of state agencies and the judicial branch
10	and in the reviews of those programs; providing for the
11	Office of Program Policy Analysis and Government
12	Accountability to review agency and judicial branch
13	performance standards and report to the Governor, the
14	Legislature, and the Legislative Budget Commission;
15	amending s. 20.435, F.S.; revising a provision relating to
16	certain undisbursed balances of appropriations from the
17	Biomedical Research Trust Fund; amending s. 215.18, F.S.;
18	requiring that the Governor provide prior notice of
19	transfers between certain funds; amending s. 215.3206,
20	F.S.; replacing references to a 6-digit fund code in the
21	Florida Accounting Information Resource Subsystem with a
22	classification scheme consistent with the Department of
23	Financial Services' financial systems; amending s.
24	215.3208, F.S.; revising references to conform; amending
25	s. 215.35, F.S.; revising a provision relating to the
26	numbering of warrants issued by the Chief Financial
27	Officer; amending s. 215.422, F.S.; replacing a reference
28	to certain vouchers with the terms "invoice" or
29	"invoices"; clarifying that agencies or the judicial
30	branch record and approve certain invoices by a specified
31	date; revising provisions relating to the Department of
32	Financial Services' approval of payment of certain
33	invoices; providing that a vendor who does not submit the
34	appropriate federal taxpayer identification documentation
35	to the department will be deemed an error on the part of
36	the vendor; revising references to conform; amending s.
37	215.97, F.S.; removing a reference to the appropriations
38	act in a provision relating to the purposes of the Florida
39	Single Audit Act; amending s. 216.011, F.S.; revising the
40	definition of "operating capital outlay"; defining the
41	terms "incurred obligation" and "salary rate reserve" for
42	purposes of state fiscal affairs, appropriations, and
43	budgets; amending s. 216.013, F.S.; revising requirements
44	for information regarding performance measures to be
45	included in the long-range program plans of state agencies
46	and the judicial branch; revising a provision relating to
47	making adjustments to long-range program plans; amending
48	s. 216.023, F.S.; revising certain requirements for
49	legislative budget requests; deleting a provision
50	requiring agencies to maintain a certain performance
51	accountability system and provide a list of performance
52	measures; deleting a provision relating to adjustments to
53	executive agency performance standards; deleting a
54	provision relating to adjustments to judicial branch
55	performance standards; amending s. 216.134, F.S.;
56	providing for the responsibility of presiding over
57	sessions of consensus estimating conferences; amending s.
58	216.136, F.S.; revising provisions relating to the
59	principals of consensus estimating conferences; revising
60	the duties of certain agencies relating to the Criminal
61	Justice Estimating Conference, the Social Services
62	Estimating Conference, and the Workforce Estimating
63	Conference; amending s. 216.177, F.S.; clarifying the
64	circumstances under which the Executive Office of the
65	Governor and the Chief Justice of the Supreme Court are
66	required to provide notice to the chair and vice chair of
67	the Legislative Budget Commission; amending s. 216.178,
68	F.S.; revising the date by which the Office of Planning
69	and Budgeting must produce a final budget report; amending
70	s. 216.181, F.S.; providing that amendments to certain
71	approved operating budgets are subject to objection
72	procedures; requiring that state agencies submit to the
73	chair and vice chair of the Legislative Budget Commission
74	a plan for allocating any lump-sum appropriation in a
75	budget amendment; creating s. 216.1811, F.S.; providing
76	requirements for the Governor and the Chief Financial
77	Officer relating to certain approved operating budgets for
78	the legislative branch and appropriations made to the
79	legislative branch; amending s. 216.1815, F.S.; revising
80	certain requirements for the performance standards
81	included in an amended operating budget plan and request
82	submitted to the Legislative Budget Commission; creating
83	s. 216.1827, F.S.; requiring that each state agency and
84	the judicial branch maintain a performance accountability
85	system; requiring agencies and the judicial branch to
86	submit specified information to the Executive Office of
87	the Governor and the Legislature or the Office of Program
88	Policy Analysis and Government Accountability for review;
89	providing guidelines for requests to delete or amend
90	existing approved performance measures and standards;
91	specifying authority of the Legislature relating to agency
92	and judicial branch performance measures and standards;
93	amending s. 216.292, F.S.; requiring that notice of
94	changed conditions necessitating the budget action be
95	provided to the Executive Office of the Governor and the
96	legislative appropriations committees when funds are
97	transferred between categories of appropriations or budget
98	entities; requiring that such transfers be consistent with
99	legislative policy and intent; providing that certain
100	transfers between budget entities are subject to objection
101	procedures; clarifying provisions authorizing certain
102	transfers of appropriations from trust funds; providing
103	that requirements of specified provisions relating to
104	appropriations being nontransferable do not apply to
105	legislative branch budgets; amending s. 216.301, F.S.;
106	revising the requirements for undisbursed balances of
107	appropriations; revising a procedure for identifying and
108	paying incurred obligations; removing a provision relating
109	to notification to retain certain balances from
110	legislative budget entities; amending s. 252.37, F.S.;
111	providing that a transfer of moneys with a budget
112	amendment following a state of emergency is subject to
113	approval by the Legislative Budget Commission; amending s.
114	273.02, F.S.; revising a definition; requiring the Chief
115	Financial Officer to establish certain requirements by
116	rule relating to the recording and inventory of certain
117	state-owned property; creating s. 273.025, F.S.; requiring
118	the Chief Financial Officer to establish by rule certain
119	requirements relating to the capitalization of certain
120	property; amending s. 273.055, F.S.; revising
121	responsibility for rules relating to maintaining records
122	as to disposition of state-owned tangible personal
123	property; revising a provision relating to use of moneys
124	received from the disposition of state-owned tangible
125	personal property; amending s. 274.02, F.S.; revising a
126	definition; requiring the Chief Financial Officer to
127	establish by rule requirements relating to the recording
128	and inventory of certain property owned by local
129	governments; amending s. 338.2216, F.S.; revising
130	requirements relating to unexpended funds appropriated or
131	provided for the Florida Turnpike Enterprise; amending s.
132	1011.57, F.S.; revising requirements relating to
133	unexpended funds appropriated to the Florida School for
134	the Deaf and the Blind; repealing s. 215.29, F.S.,
135	relating to the classification of Chief Financial
136	Officer's warrants; providing effective dates.
137
138	Be It Enacted by the Legislature of the State of Florida:
139
140	Section 1.  Subsection (3) of section 11.243, Florida
141	Statutes, is amended to read:
142	11.243  Publishing Florida Statutes; price, sale.--
143	(3)  All moneys collected from the sale of the Florida
144	Statutes or other publications shall be deposited in the Grants
145	and Donations Trust Fund within the Legislature State Treasury
146	and credited to the appropriation for legislative expense.
147	Section 2.  Subsections (2) and (3) of section 11.513,
148	Florida Statutes, are amended, present subsections (5) and (6)
149	of that section are renumbered as subsections (6) and (7),
150	respectively, and a new subsection (5) is added to that section,
151	to read:
152	11.513  Program evaluation and justification review.--
153	(2)  A state agency's inspector general, internal auditor,
154	or other person designated by the agency head or the Chief
155	Justice of the Supreme Court shall develop, in consultation with
156	the Office of Program Policy Analysis and Government
157	Accountability, a plan for monitoring and reviewing the state
158	agency's or the judicial branch's major programs to ensure that
159	performance measures and standards, as well as baseline and
160	previous-year performance data, are maintained and supported by
161	agency records.
162	(3)  The program evaluation and justification review shall
163	be conducted on major programs, but may include other programs.
164	The review shall be comprehensive in its scope but, at a
165	minimum, must be conducted in such a manner as to specifically
166	determine the following, and to consider and determine what
167	changes, if any, are needed with respect thereto:
168	(a)  The identifiable cost of each program.
169	(b)  The specific purpose of each program, as well as the
170	specific public benefit derived therefrom.
171	(c)  Progress toward achieving the outputs and outcomes
172	associated with each program.
173	(d)  An explanation of circumstances contributing to the
174	state agency's ability to achieve, not achieve, or exceed its
175	projected outputs and outcomes, as defined in s. 216.011,
176	associated with each program.
177	(e)  Alternate courses of action that would result in
178	administration of the same program in a more efficient or
179	effective manner. The courses of action to be considered must
180	include, but are not limited to:
181	1.  Whether the program could be organized in a more
182	efficient and effective manner, whether the program's mission,
183	goals, or objectives should be redefined, or, when the state
184	agency cannot demonstrate that its efforts have had a positive
185	effect, whether the program should be reduced in size or
186	eliminated.
187	2.  Whether the program could be administered more
188	efficiently or effectively to avoid duplication of activities
189	and ensure that activities are adequately coordinated.
190	3.  Whether the program could be performed more efficiently
191	or more effectively by another unit of government or a private
192	entity, or whether a program performed by a private entity could
193	be performed more efficiently and effectively by a state agency.
194	4.  When compared to costs, whether effectiveness warrants
195	elimination of the program or, if the program serves a limited
196	interest, whether it should be redesigned to require users to
197	finance program costs.
198	5.  Whether the cost to administer the program exceeds
199	license and other fee revenues paid by those being regulated.
200	6.  Whether other changes could improve the efficiency and
201	effectiveness of the program.
202	(f)  The consequences of discontinuing such program. If any
203	discontinuation is recommended, such recommendation must be
204	accompanied by a description of alternatives to implement such
205	recommendation, including an implementation schedule for
206	discontinuation and recommended procedures for assisting state
207	agency employees affected by the discontinuation.
208	(g)  Determination as to public policy, which may include
209	recommendations as to whether it would be sound public policy to
210	continue or discontinue funding the program, either in whole or
211	in part, in the existing manner.
212	(h)  Whether current performance measures and standards
213	should be reviewed or amended to assist agencies' and the
214	judicial branch's efforts in achieving outputs and outcome
215	measures.
216	(i)(h)  Whether the information reported as part of the
217	state's performance-based program budgeting system has relevance
218	and utility for the evaluation of each program.
219	(j)(i)  Whether state agency management has established
220	control systems sufficient to ensure that performance data are
221	maintained and supported by state agency records and accurately
222	presented in state agency performance reports.
223	(5)  The Office of Program Policy Analysis and Government
224	Accountability may perform evaluation and justification reviews
225	when necessary and as directed by the Legislature in order to
226	determine whether current agency and judicial branch performance
227	measures and standards are adequate. Reports concerning the
228	evaluation and review of agency performance measures and
229	standards shall be submitted to the Executive Office of the
230	Governor, the President of the Senate, the Speaker of the House
231	of Representatives, and the chair and vice chair of the
232	Legislative Budget Commission.
233	Section 3.  Paragraph (h) of subsection (1) of section
234	20.435, Florida Statutes, is amended to read:
235	20.435  Department of Health; trust funds.--
236	(1)  The following trust funds are hereby created, to be
237	administered by the Department of Health:
238	(h)  Biomedical Research Trust Fund.
239	1.  Funds to be credited to the trust fund shall consist of
240	funds deposited pursuant to s. 215.5601. Funds shall be used for
241	the purposes of the James and Esther King Biomedical Research
242	Program as specified in ss. 215.5602 and 288.955. The trust fund
243	is exempt from the service charges imposed by s. 215.20.
244	2.  Notwithstanding the provisions of s. 216.301 and
245	pursuant to s. 216.351, any balance in the trust fund at the end
246	of any fiscal year shall remain in the trust fund at the end of
247	the year and shall be available for carrying out the purposes of
248	the trust fund. The department may invest these funds
249	independently through the Chief Financial Officer or may
250	negotiate a trust agreement with the State Board of
251	Administration for the investment management of any balance in
252	the trust fund.
253	3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
254	any balance of any appropriation from the Biomedical Research
255	Trust Fund which is not disbursed but which is obligated
256	pursuant to contract or committed to be expended may be carried
257	forward certified by the Governor for up to 3 years following
258	the effective date of the original appropriation.
259	4.  The trust fund shall, unless terminated sooner, be
260	terminated on July 1, 2008.
261	Section 4.  Section 215.18, Florida Statutes, is amended to
262	read:
263	215.18  Transfers between funds; limitation.--Whenever
264	there exists in any fund provided for by s. 215.32 a deficiency
265	which would render such fund insufficient to meet its just
266	requirements, and there shall exist in the other funds in the
267	State Treasury moneys which are for the time being or otherwise
268	in excess of the amounts necessary to meet the just requirements
269	of such last-mentioned funds, the Governor may order a temporary
270	transfer of moneys from one fund to another in order to meet
271	temporary deficiencies in a particular fund without resorting to
272	the necessity of borrowing money and paying interest thereon.
273	Any action proposed under this section is subject to the notice
274	and objection procedures set forth in s. 216.177, and the
275	Governor shall provide notice of such action at least 7 days
276	prior to the effective date of the transfer of funds.
277	(1)  Except as otherwise provided in s. 216.222(1)(a)2.,
278	the fund from which any money is temporarily transferred shall
279	be repaid the amount transferred from it not later than the end
280	of the fiscal year in which such transfer is made, the date of
281	repayment to be specified in the order of the Governor.
282	(2)  Notwithstanding subsection (1) and for the 2005-2006
283	fiscal year only, the repayment period for funds temporarily
284	transferred in fiscal year 2004-2005 to meet deficiencies
285	resulting from hurricanes striking this state in 2004 may be
286	extended until grants awarded by the Federal Emergency
287	Management Agency for FEMA Disaster Declarations 1539-DR-FL,
288	1545-DR-FL, 1551-DR-FL, and 1561-DR-FL are received. This
289	subsection expires July 1, 2006.
290	Section 5.  Subsections (2) and (4) of section 215.3206,
291	Florida Statutes, are amended to read:
292	215.3206  Trust funds; termination or re-creation.--
293	(2)  If the trust fund is terminated and not immediately
294	re-created, all cash balances and income of the trust fund shall
295	be deposited into the General Revenue Fund. The agency or Chief
296	Justice shall pay any outstanding debts of the trust fund as
297	soon as practicable, and the Chief Financial Officer shall close
298	out and remove the trust fund from the various state financial
299	accounting systems, using generally accepted accounting
300	practices concerning warrants outstanding, assets, and
301	liabilities. No appropriation or budget amendment shall be
302	construed to authorize any encumbrance of funds from a trust
303	fund after the date on which the trust fund is terminated or is
304	judicially determined to be invalid.
305	(4)  For the purposes of this section, the Governor, Chief
306	Justice, and agencies shall review the trust funds as they are
307	identified by a classification scheme set out in the legislative
308	budget request instructions pursuant to s. 216.023 consistent
309	with the Department of Financial Services' financial systems by
310	a unique 6-digit code in the Florida Accounting Information
311	Resource Subsystem at a level composed of the 2-digit
312	organization level 1, the 1-digit state fund type 2, and the
313	first three digits of the fund identifier. The Governor, Chief
314	Justice, and agencies may also conduct their review and make
315	recommendations concerning accounts within such trust funds.
316	Section 6.  Subsection (1) and paragraph (a) of subsection
317	(2) of section 215.3208, Florida Statutes, are amended to read:
318	215.3208  Trust funds; legislative review.--
319	(1)  In order to implement s. 19(f), Art. III of the State
320	Constitution, for the purpose of reviewing trust funds prior to
321	their automatic termination pursuant to the provisions of s.
322	19(f)(2), Art. III of the State Constitution, the Legislature
323	shall review all state trust funds at least once every 4 years.
324	The schedule for such review may be included in the legislative
325	budget instructions developed pursuant to the requirements of s.
326	216.023. The Legislature shall review trust funds as they are
327	identified by a classification scheme set out in the legislative
328	budget request instructions pursuant to s. 216.023 consistent
329	with the Department of Financial Services' financial systems by
330	a unique 6-digit code in the Florida Accounting Information
331	Resource Subsystem at a level composed of the 2-digit
332	organization level 1, the 1-digit state fund type 2, and the
333	first three digits of the fund identifier. When a statutorily
334	created trust fund that was in existence on November 4, 1992,
335	has more than one fund 6-digit code in the financial systems,
336	the Legislature may treat it as a single trust fund for the
337	purposes of this section. The Legislature may also conduct its
338	review concerning accounts within such trust funds.
339	(2)(a)  When the Legislature terminates a trust fund, the
340	agency or branch of state government that administers the trust
341	fund shall pay any outstanding debts or obligations of the trust
342	fund as soon as practicable, and the Chief Financial Officer
343	shall close out and remove the trust fund from the various state
344	financial accounting systems, using generally accepted
345	accounting principles concerning assets, liabilities, and
346	warrants outstanding.
347	Section 7.  Section 215.35, Florida Statutes, is amended to
348	read:
349	215.35  State funds; warrants and their issuance.--All
350	warrants issued by the Chief Financial Officer shall be numbered
351	in a manner that uniquely identifies each warrant for audit and
352	reconciliation purposes chronological order commencing with
353	number one in each fiscal year and each warrant shall refer to
354	the Chief Financial Officer's voucher by the number thereof,
355	which voucher shall also be numbered as above set forth. Each
356	warrant shall state the name of the payee thereof and the amount
357	allowed, and said warrant shall be stated in words at length. No
358	warrant shall issue until same has been authorized by an
359	appropriation made by law but such warrant need not state or set
360	forth such authorization. The Chief Financial Officer shall
361	register and maintain a record of each warrant in his or her
362	office. The record shall show the funds, accounts, purposes, and
363	departments involved in the issuance of each warrant. In those
364	instances where the expenditure of funds of regulatory boards or
365	commissions has been provided for by laws other than the annual
366	appropriations bill, warrants shall be issued upon requisition
367	to the Chief Financial Officer by the governing body of such
368	board or commission.
369	Section 8.  Subsections (1) and (2), paragraphs (a) and (b)
370	of subsection (3), and subsection (6) of section 215.422,
371	Florida Statutes, are amended to read:
372	215.422  Payments, warrants, vouchers, and invoices;
373	processing time limits; dispute resolution; agency or judicial
374	branch compliance.--
375	(1)  The voucher authorizing payment of An invoice
376	submitted to an agency of the state or the judicial branch,
377	required by law to be filed with the Chief Financial Officer,
378	shall be recorded in the financial systems of the state,
379	approved for payment by the agency or the judicial branch, and
380	filed with the Chief Financial Officer not later than 20 days
381	after receipt of the invoice and receipt, inspection, and
382	approval of the goods or services, except that in the case of a
383	bona fide dispute the invoice recorded in the financial systems
384	of the state voucher shall contain a statement of the dispute
385	and authorize payment only in the amount not disputed. The Chief
386	Financial Officer may establish dollar thresholds and other
387	criteria for all invoices and may delegate to a state agency or
388	the judicial branch responsibility for maintaining the official
389	invoices vouchers and documents for invoices which do not exceed
390	the thresholds or which meet the established criteria. Such
391	records shall be maintained in accordance with the requirements
392	established by the Secretary of State. The transmission of an
393	approved invoice recorded in the financial systems of the state
394	electronic payment request transmission to the Chief Financial
395	Officer shall constitute filing of a request voucher for payment
396	of invoices for which the Chief Financial Officer has delegated
397	to an agency custody of official records. Approval and
398	inspection of goods or services shall take no longer than 5
399	working days unless the bid specifications, purchase order, or
400	contract specifies otherwise. If an invoice a voucher filed
401	within the 20-day period is returned by the Department of
402	Financial Services because of an error, it shall nevertheless be
403	deemed timely filed. The 20-day filing requirement may be waived
404	in whole or in part by the Department of Financial Services on a
405	showing of exceptional circumstances in accordance with rules
406	and regulations of the department. For the purposes of
407	determining the receipt of invoice date, the agency or the
408	judicial branch is deemed to receive an invoice on the date on
409	which a proper invoice is first received at the place designated
410	by the agency or the judicial branch. The agency or the judicial
411	branch is deemed to receive an invoice on the date of the
412	invoice if the agency or the judicial branch has failed to
413	annotate the invoice with the date of receipt at the time the
414	agency or the judicial branch actually received the invoice or
415	failed at the time the order is placed or contract made to
416	designate a specific location to which the invoice must be
417	delivered.
418	(2)  The Department of Financial Services shall approve
419	payment of an invoice no later than 10 days after the agency's
420	filing of the approved invoice The warrant in payment of an
421	invoice submitted to an agency of the state or the judicial
422	branch shall be issued not later than 10 days after filing of
423	the voucher authorizing payment. However, this requirement may
424	be waived in whole or in part by the Department of Financial
425	Services on a showing of exceptional circumstances in accordance
426	with rules and regulations of the department. If the 10-day
427	period contains fewer than 6 working days, the Department of
428	Financial Services shall be deemed in compliance with this
429	subsection if the payment is approved warrant is issued within 6
430	working days without regard to the actual number of calendar
431	days. For purposes of this section, a payment is deemed to be
432	issued on the first working day that payment is available for
433	delivery or mailing to the vendor.
434	(3)(a)  Each agency of the state or the judicial branch
435	which is required by law to file invoices vouchers with the
436	Chief Financial Officer shall keep a record of the date of
437	receipt of the invoice; dates of receipt, inspection, and
438	approval of the goods or services; date of filing of the
439	approved invoice voucher; and date of issuance of the warrant in
440	payment thereof. If the invoice voucher is not filed or the
441	warrant is not issued within the time required, an explanation
442	in writing by the agency head or the Chief Justice shall be
443	submitted to the Department of Financial Services in a manner
444	prescribed by it. Agencies and the judicial branch shall
445	continue to deliver or mail state payments promptly.
446	(b)  If a warrant in payment of an invoice is not issued
447	within 40 days after receipt of the invoice and receipt,
448	inspection, and approval of the goods and services, the agency
449	or judicial branch shall pay to the vendor, in addition to the
450	amount of the invoice, interest at a rate as established
451	pursuant to s. 55.03(1) on the unpaid balance from the
452	expiration of such 40-day period until such time as the warrant
453	is issued to the vendor. Such interest shall be added to the
454	invoice at the time of submission to the Chief Financial Officer
455	for payment whenever possible. If addition of the interest
456	penalty is not possible, the agency or judicial branch shall pay
457	the interest penalty payment within 15 days after issuing the
458	warrant. The provisions of this paragraph apply only to
459	undisputed amounts for which payment has been authorized.
460	Disputes shall be resolved in accordance with rules developed
461	and adopted by the Chief Justice for the judicial branch, and
462	rules adopted by the Department of Financial Services or in a
463	formal administrative proceeding before an administrative law
464	judge of the Division of Administrative Hearings for state
465	agencies, provided that, for the purposes of ss. 120.569 and
466	120.57(1), no party to a dispute involving less than $1,000 in
467	interest penalties shall be deemed to be substantially affected
468	by the dispute or to have a substantial interest in the decision
469	resolving the dispute. In the case of an error on the part of
470	the vendor, the 40-day period shall begin to run upon receipt by
471	the agency or the judicial branch of a corrected invoice or
472	other remedy of the error. For purposes of this section, the
473	non-submittal of the appropriate federal taxpayer identification
474	documentation to the Department of Financial Services by the
475	vendor will be deemed an error on the part of the vendor and the
476	vendor will be required to submit the appropriate federal
477	taxpayer documentation in order to remedy the error. The
478	provisions of this paragraph do not apply when the filing
479	requirement under subsection (1) or subsection (2) has been
480	waived in whole by the Department of Financial Services. The
481	various state agencies and the judicial branch shall be
482	responsible for initiating the penalty payments required by this
483	subsection and shall use this subsection as authority to make
484	such payments. The budget request submitted to the Legislature
485	shall specifically disclose the amount of any interest paid by
486	any agency or the judicial branch pursuant to this subsection.
487	The temporary unavailability of funds to make a timely payment
488	due for goods or services does not relieve an agency or the
489	judicial branch from the obligation to pay interest penalties
490	under this section.
491	(6)  The Department of Financial Services shall monitor
492	each agency's and the judicial branch's compliance with the time
493	limits and interest penalty provisions of this section. The
494	department shall provide a report to an agency or to the
495	judicial branch if the department determines that the agency or
496	the judicial branch has failed to maintain an acceptable rate of
497	compliance with the time limits and interest penalty provisions
498	of this section. The department shall establish criteria for
499	determining acceptable rates of compliance. The report shall
500	also include a list of late invoices vouchers or payments, the
501	amount of interest owed or paid, and any corrective actions
502	recommended. The department shall perform monitoring
503	responsibilities, pursuant to this section, using the Department
504	of Financial Services' financial systems Management Services and
505	Purchasing Subsystem or the Florida Accounting Information
506	Resource Subsystem provided in s. 215.94. Each agency and the
507	judicial branch shall be responsible for the accuracy of
508	information entered into the Department of Management Services'
509	procurement system Management Services and Purchasing Subsystem
510	and the Department of Financial Services' financial systems
511	Florida Accounting Information Resource Subsystem for use in
512	this monitoring.
513	Section 9.  Paragraph (d) of subsection (1) of section
514	215.97, Florida Statutes, is amended to read:
515	215.97  Florida Single Audit Act.--
516	(1)  The purposes of the section are to:
517	(d)  Provide for identification of state financial
518	assistance transactions in the appropriations act, state
519	accounting records, and recipient organization records.
520	Section 10.  Effective upon this act becoming a law,
521	paragraph (bb) of subsection (1) of section 216.011, Florida
522	Statutes, is amended, and paragraphs (tt) and (uu) are added to
523	that subsection, to read:
524	216.011  Definitions.--
525	(1)  For the purpose of fiscal affairs of the state,
526	appropriations acts, legislative budgets, and approved budgets,
527	each of the following terms has the meaning indicated:
528	(bb)  "Operating capital outlay" means the appropriation
529	category used to fund equipment, fixtures, and other tangible
530	personal property of a nonconsumable and nonexpendable nature
531	under s. 273.025, according to the value or cost specified in s.
532	273.02.
533	(tt)  "Incurred obligation" means a legal obligation for
534	goods or services that have been contracted for, referred to as
535	an encumbrance in the state's financial system, or received or
536	incurred by the state and referred to as a payable in the
537	state's financial system.
538	(uu)  "Salary rate reserve" means the withholding of a
539	portion of the annual salary rate for a specific purpose.
540	Section 11.  Paragraphs (h) through (k) are added to
541	subsection (1) of section 216.013, Florida Statutes, and
542	subsection (5) of that section is amended, to read:
543	216.013  Long-range program plan.--State agencies and the
544	judicial branch shall develop long-range program plans to
545	achieve state goals using an interagency planning process that
546	includes the development of integrated agency program service
547	outcomes. The plans shall be policy based, priority driven,
548	accountable, and developed through careful examination and
549	justification of all agency and judicial branch programs.
550	(1)  Long-range program plans shall provide the framework
551	for the development of budget requests and shall identify or
552	update:
553	(h)  Legislatively approved output and outcome performance
554	measures.
555	(i)  Performance standards for each performance measure and
556	justification for the standards and the sources of data to be
557	used for measurement.
558	(j)  Prior-year performance data on approved performance
559	measures and an explanation of deviation from expected
560	performance. Performance data must be assessed for reliability
561	in accordance with s. 20.055.
562	(k)  Proposed performance incentives and disincentives.
563	(5)  Following the adoption of the annual General
564	Appropriations Act, The state agencies and the judicial branch
565	shall make appropriate adjustments to their long-range program
566	plans, excluding adjustments to performance measures and
567	standards, to be consistent with the appropriations and
568	performance measures in the General Appropriations Act and
569	legislation implementing the General Appropriations Act.
570	Agencies and the judicial branch have 30 days subsequent to the
571	effective date of the General Appropriations Act and
572	implementing legislation until June 30 to make adjustments to
573	their plans as posted on their Internet websites.
574	Section 12.  Paragraph (a) of subsection (4) and
575	subsections (5), (6), and (8) of section 216.023, Florida
576	Statutes, are amended, and subsections (7), (9), (10), (11), and
577	(12) are renumbered as subsections (5), (6), (7), (8), and (9),
578	respectively, to read:
579	216.023  Legislative budget requests to be furnished to
580	Legislature by agencies.--
581	(4)(a)  The legislative budget request must contain for
582	each program:
583	1.  The constitutional or statutory authority for a
584	program, a brief purpose statement, and approved program
585	components.
586	2.  Information on expenditures for 3 fiscal years (actual
587	prior-year expenditures, current-year estimated expenditures,
588	and agency budget requested expenditures for the next fiscal
589	year) by appropriation category.
590	3.  Details on trust funds and fees.
591	4.  The total number of positions (authorized, fixed, and
592	requested).
593	5.  An issue narrative describing and justifying changes in
594	amounts and positions requested for current and proposed
595	programs for the next fiscal year.
596	6.  Information resource requests.
597	7.  Legislatively approved Output and outcome performance
598	measures and any proposed revisions to measures.
599	8.  Proposed performance standards for each performance
600	measure and justification for the standards and the sources of
601	data to be used for measurement.
602	9.  Prior-year performance data on approved performance
603	measures and an explanation of deviation from expected
604	performance. Performance data must be assessed for reliability
605	in accordance with s. 20.055.
606	10.  Proposed performance incentives and disincentives.
607	7.11.  Supporting information, including applicable cost-
608	benefit analyses, business case analyses, performance
609	contracting procedures, service comparisons, and impacts on
610	performance standards for any request to outsource or privatize
611	agency functions.
612	8.12.  An evaluation of any major outsourcing and
613	privatization initiatives undertaken during the last 5 fiscal
614	years having aggregate expenditures exceeding $10 million during
615	the term of the contract. The evaluation shall include an
616	assessment of contractor performance, a comparison of
617	anticipated service levels to actual service levels, and a
618	comparison of estimated savings to actual savings achieved.
619	Consolidated reports issued by the Department of Management
620	Services may be used to satisfy this requirement.
621	(5)  Agencies must maintain a comprehensive performance
622	accountability system and provide a list of performance measures
623	maintained by the agency which are in addition to the measures
624	approved by the Legislature.
625	(6)  Annually, by June 30, executive agencies shall submit
626	to the Executive Office of the Governor adjustments to their
627	performance standards based on the amounts appropriated for each
628	program by the Legislature. When such an adjustment is made, all
629	performance standards, including any adjustments made, shall be
630	reviewed and revised as necessary by the Executive Office of the
631	Governor and, upon approval, submitted to the Legislature
632	pursuant to the review and approval process provided in s.
633	216.177. The Senate and the House of Representatives
634	appropriations committees shall advise Senate substantive
635	committees and House of Representatives substantive committees,
636	respectively, of all adjustments made to performance standards
637	or measures. The Executive Office of the Governor shall maintain
638	the official record of adjustments to the performance standards.
639	As used in this section, the term "official record" means the
640	official compilation of information about state agency
641	performance-based programs and measures, including approved
642	programs, approved outputs and outcomes, baseline data, approved
643	standards for each performance measure and any approved
644	adjustments thereto, as well as actual agency performance for
645	each measure.
646	(8)  Annually, by June 30, the judicial branch shall make
647	adjustments to any performance standards for approved programs
648	based on the amount appropriated for each program, which shall
649	be submitted to the Legislature pursuant to the notice and
650	review process provided in s. 216.177. The Senate and the House
651	of Representatives appropriations committees shall advise Senate
652	substantive committees and House substantive committees,
653	respectively, of all adjustments made to performance standards
654	or measures.
655	Section 13.  Paragraph (a) of subsection (4) of section
656	216.134, Florida Statutes, is amended to read:
657	216.134  Consensus estimating conferences; general
658	provisions.--
659	(4)  Consensus estimating conferences are within the
660	legislative branch. The membership of each consensus estimating
661	conference consists of principals and participants.
662	(a)  A person designated by law as a principal may preside
663	over conference sessions, convene conference sessions, request
664	information, specify topics to be included on the conference
665	agenda, agree or withhold agreement on whether information is to
666	be official information of the conference, release official
667	information of the conference, interpret official information of
668	the conference, and monitor errors in official information of
669	the conference. The responsibility of presiding over sessions of
670	the conference shall be rotated among the principals.
671	Section 14.  Paragraph (b) of subsection (1), paragraph (b)
672	of subsection (2), paragraph (b) of subsection (3), paragraph
673	(c) of subsection (4), subsections (5) through (7), paragraph
674	(b) of subsection (8), paragraph (b) of subsection (9), and
675	paragraph (b) of subsection (10) of section 216.136, Florida
676	Statutes, are amended to read:
677	216.136  Consensus estimating conferences; duties and
678	principals.--
679	(1)  ECONOMIC ESTIMATING CONFERENCE.--
680	(b)  Principals.--The Executive Office of the Governor, the
681	coordinator of the Office of Economic and Demographic Research,
682	and professional staff of the Senate and House of
683	Representatives who have forecasting expertise, or their
684	designees, are the principals of the Economic Estimating
685	Conference. The responsibility of presiding over sessions of the
686	conference shall be rotated among the principals.
687	(2)  DEMOGRAPHIC ESTIMATING CONFERENCE.--
688	(b)  Principals.--The Executive Office of the Governor, the
689	coordinator of the Office of Economic and Demographic Research,
690	and professional staff of the Senate and House of
691	Representatives who have forecasting expertise, or their
692	designees, are the principals of the Demographic Estimating
693	Conference. The responsibility of presiding over sessions of the
694	conference shall be rotated among the principals.
695	(3)  REVENUE ESTIMATING CONFERENCE.--
696	(b)  Principals.--The Executive Office of the Governor, the
697	coordinator of the Office of Economic and Demographic Research,
698	and professional staff of the Senate and House of
699	Representatives who have forecasting expertise, or their
700	designees, are the principals of the Revenue Estimating
701	Conference. The responsibility of presiding over sessions of the
702	conference shall be rotated among the principals.
703	(4)  EDUCATION ESTIMATING CONFERENCE.--
704	(c)  Principals.--The Commissioner of Education, the
705	Executive Office of the Governor, the coordinator of the Office
706	of Economic and Demographic Research, and professional staff of
707	the Senate and House of Representatives who have forecasting
708	expertise, or their designees, are the principals of the
709	Education Estimating Conference. The Commissioner of Education
710	or his or her designee shall preside over sessions of the
711	conference.
712	(5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
713	(a)  Duties.--The Criminal Justice Estimating Conference
714	shall:
715	1.  Develop such official information relating to the
716	criminal justice system, including forecasts of prison
717	admissions and population and of supervised felony offender
718	admissions and population, as the conference determines is
719	needed for the state planning and budgeting system.
720	2.  Develop such official information relating to the
721	number of eligible discharges and the projected number of civil
722	commitments for determining space needs pursuant to the civil
723	proceedings provided under part V of chapter 394.
724	3.  Develop official information relating to the number of
725	sexual offenders and sexual predators who are required by law to
726	be placed on community control, probation, or conditional
727	release who are subject to electronic monitoring. In addition,
728	the Office of Economic and Demographic Research shall study the
729	factors relating to the sentencing of sex offenders from the
730	point of arrest through the imposition of sanctions by the
731	sentencing court, including original charges, plea negotiations,
732	trial dispositions, and sanctions. The Department of
733	Corrections, the Office of the State Courts Administrator, the
734	Florida Department of Law Enforcement, and the state attorneys
735	shall provide information deemed necessary for the study. The
736	final report shall be provided to the President of the Senate
737	and the Speaker of the House of Representatives by March 1,
738	2006.
739	(b)  Principals.--The Executive Office of the Governor, the
740	coordinator of the Office of Economic and Demographic Research,
741	and professional staff of, who have forecasting expertise, from
742	the Senate and, the House of Representatives who have
743	forecasting expertise, and the Supreme Court, or their
744	designees, are the principals of the Criminal Justice Estimating
745	Conference. The principal representing the Executive Office of
746	the Governor shall preside over sessions of the conference.
747	(6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--
748	(a)  Duties.--
749	1.  The Social Services Estimating Conference shall develop
750	such official information relating to the social services system
751	of the state, including forecasts of social services caseloads,
752	utilization, and expenditures, as the conference determines is
753	needed for the state planning and budgeting system. Such
754	official information shall include, but not be limited to, cash
755	assistance and Medicaid caseloads.
756	2.  The Social Services Estimating Conference shall develop
757	information relating to the Florida Kidcare program, including,
758	but not limited to, outreach impacts, enrollment, caseload,
759	utilization, and expenditure information that the conference
760	determines is needed to plan for and project future budgets and
761	the drawdown of federal matching funds. The agencies required to
762	collect and analyze Florida Kidcare program data under s.
763	409.8134 shall be participants in the Social Services Estimating
764	Conference for purposes of developing information relating to
765	the Florida Kidcare program.
766	(b)  Principals.--The Executive Office of the Governor, the
767	coordinator of the Office of Economic and Demographic Research,
768	and professional staff of who have forecasting expertise from
769	the Department of Children and Family Services, the Agency for
770	Health Care Administration, the Senate, and the House of
771	Representatives who have forecasting expertise, or their
772	designees, are the principals of the Social Services Estimating
773	Conference. The principal representing the Executive Office of
774	the Governor shall preside over sessions of the conference.
775	(7)  WORKFORCE ESTIMATING CONFERENCE.--
776	(a)  Duties.--
777	1.  The Workforce Estimating Conference shall develop such
778	official information on the workforce development system
779	planning process as it relates to the personnel needs of
780	current, new, and emerging industries as the conference
781	determines is needed by the state planning and budgeting system.
782	Such information, using quantitative and qualitative research
783	methods, must include at least: short-term and long-term
784	forecasts of employment demand for jobs by occupation and
785	industry; entry and average wage forecasts among those
786	occupations; and estimates of the supply of trained and
787	qualified individuals available or potentially available for
788	employment in those occupations, with special focus upon those
789	occupations and industries which require high skills and have
790	high entry wages and experienced wage levels. In the development
791	of workforce estimates, the conference shall use, to the fullest
792	extent possible, local occupational and workforce forecasts and
793	estimates.
794	2.  The Workforce Estimating Conference shall review data
795	concerning the local and regional demands for short-term and
796	long-term employment in High-Skills/High-Wage Program jobs, as
797	well as other jobs, which data is generated through surveys
798	conducted as part of the state's Internet-based job matching and
799	labor market information system authorized under s. 445.011. The
800	conference shall consider such data in developing its forecasts
801	for statewide employment demand, including reviewing the local
802	and regional data for common trends and conditions among
803	localities or regions which may warrant inclusion of a
804	particular occupation on the statewide occupational forecasting
805	list developed by the conference. Based upon its review of such
806	survey data, the conference shall also make recommendations
807	semiannually to Workforce Florida, Inc., on additions or
808	deletions to lists of locally targeted occupations approved by
809	Workforce Florida, Inc.
810	3.  During each legislative session, and at other times if
811	necessary, the Workforce Estimating Conference shall meet as the
812	Workforce Impact Conference for the purpose of determining the
813	effects of legislation related to the state's workforce and
814	economic development efforts introduced prior to and during such
815	legislative session. In addition to the designated principals of
816	the impact conference, nonprincipal participants of the impact
817	conference shall include a representative of the Florida Chamber
818	of Commerce and other interested parties. The impact conference
819	shall use both quantitative and qualitative research methods to
820	determine the impact of introduced legislation related to
821	workforce and economic development issues.
822	3.4.  Notwithstanding subparagraph 3., The Workforce
823	Estimating Conference, for the purposes described in
824	subparagraph 1., shall meet no less than 2 times in a calendar
825	year. The first meeting shall be held in February, and the
826	second meeting shall be held in August. Other meetings may be
827	scheduled as needed.
828	(b)  Principals.--The Commissioner of Education, the
829	Executive Office of the Governor, the director of the Office of
830	Tourism, Trade, and Economic Development, the director of the
831	Agency for Workforce Innovation, the executive director of the
832	Commission for Independent Education, the Chancellor of the
833	State University System, the chair of Workforce Florida, Inc.,
834	the coordinator of the Office of Economic and Demographic
835	Research, or their designees, and professional staff of from the
836	Senate and the House of Representatives who have forecasting and
837	substantive expertise, or their designees, are the principals of
838	the Workforce Estimating Conference. In addition to the
839	designated principals of the conference, nonprincipal
840	participants of the conference shall include a representative of
841	the Florida Chamber of Commerce and other interested parties.
842	The principal representing the Executive Office of the Governor
843	shall preside over the sessions of the conference.
844	(8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
845	(b)  Principals.--The Executive Office of the Governor, the
846	coordinator Director of the Office of Economic and Demographic
847	Research, and professional staff of who have forecasting
848	expertise from the Agency for Workforce Innovation, the
849	Department of Children and Family Services, the Department of
850	Education, the Senate, and the House of Representatives who have
851	forecasting expertise, or their designees, are the principals of
852	the Early Learning Programs Estimating Conference. The principal
853	representing the Executive Office of the Governor shall preside
854	over sessions of the conference.
855	(9)  SELF-INSURANCE ESTIMATING CONFERENCE.--
856	(b)  Principals.--The Executive Office of the Governor, the
857	coordinator of the Office of Economic and Demographic Research,
858	and professional staff of the Senate and the House of
859	Representatives who have forecasting expertise and substantive
860	experience, or their designees, are the principals of the Self-
861	Insurance Estimating Conference. The responsibility of presiding
862	over sessions of the conference shall be rotated among the
863	principals.
864	(10)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
865	CONFERENCE.--
866	(b)  Principals.--The Executive Office of the Governor, the
867	coordinator of the Office of Economic and Demographic Research,
868	and professional staff of the Senate and House of
869	Representatives who have forecasting and substantive expertise,
870	or their designees, are the principals of the Florida Retirement
871	System Actuarial Assumption Conference. The Executive Office of
872	the Governor shall have the responsibility of presiding over the
873	sessions of the conference. The State Board of Administration
874	and the Division of Retirement shall be participants in the
875	conference.
876	Section 15.  Paragraph (a) of subsection (2) of section
877	216.177, Florida Statutes, is amended to read:
878	216.177  Appropriations acts, statement of intent,
879	violation, notice, review and objection procedures.--
880	(2)(a)  Whenever notice of action to be taken by the
881	Executive Office of the Governor or the Chief Justice of the
882	Supreme Court is required by law this chapter, such notice shall
883	be given to the chair and vice chair of the Legislative Budget
884	Commission in writing, and shall be delivered at least 14 days
885	prior to the action referred to, unless a shorter period is
886	approved in writing by the chair and vice chair or a different
887	period is specified by law. If the action is solely for the
888	release of funds appropriated by the Legislature, the notice
889	shall be delivered at least 3 days before the effective date of
890	the action. Action shall not be taken on any budget item for
891	which this chapter requires notice to the Legislative Budget
892	Commission or the appropriations committees without such notice
893	having been provided, even though there may be good cause for
894	considering such item.
895	Section 16.  Subsection (2) of section 216.178, Florida
896	Statutes, is amended to read:
897	216.178  General Appropriations Act; format; procedure.--
898	(2)  The Office of Planning and Budgeting shall develop a
899	final budget report that reflects the net appropriations for
900	each budget item. The report shall reflect actual expenditures
901	for each of the 2 preceding fiscal years and the estimated
902	expenditures for the current fiscal year. In addition, the
903	report must contain the actual revenues and cash balances for
904	the preceding 2 fiscal years and the estimated revenues and cash
905	balances for the current fiscal year. The report may also
906	contain expenditure data, program objectives, and program
907	measures for each state agency program. The report must be
908	produced by October 30 15 each year. A copy of the report must
909	be made available to each member of the Legislature, to the head
910	of each state agency, to the Auditor General, to the director of
911	the Office of Program Policy Analysis and Government
912	Accountability, and to the public.
913	Section 17.  Subsections (3), (5), (6), and (11) of section
914	216.181, Florida Statutes, are amended to read:
915	216.181  Approved budgets for operations and fixed capital
916	outlay.--
917	(3)  All amendments to original approved operating budgets,
918	regardless of funding source, are subject to the notice and
919	objection review procedures set forth in s. 216.177.
920	(5)  An amendment to the original operating budget for an
921	information technology project or initiative that involves more
922	than one agency, has an outcome that impacts another agency, or
923	exceeds $500,000 in total cost over a 1-year period, except for
924	those projects that are a continuation of hardware or software
925	maintenance or software licensing agreements, or that are for
926	desktop replacement that is similar to the technology currently
927	in use must be reviewed by the Technology Review Workgroup
928	pursuant to s. 216.0446 and approved by the Executive Office of
929	the Governor for the executive branch or by the Chief Justice
930	for the judicial branch, and shall be subject to the notice and
931	objection review procedures set forth in s. 216.177.
932	(6)(a)  A detailed plan allocating a lump-sum appropriation
933	to traditional appropriations categories shall be submitted by
934	the affected agency to the Executive Office of the Governor or
935	the Chief Justice of the Supreme Court. The Executive Office of
936	the Governor and the Chief Justice of the Supreme Court shall
937	submit such plan to the chair and vice chair of the Legislative
938	Budget Commission either before or concurrent with the
939	submission of any budget amendment that recommends the transfer
940	and release of may require the submission of a detailed plan
941	from the agency or entity of the judicial branch affected,
942	consistent with the General Appropriations Act, special
943	appropriations acts, and statements of intent before
944	transferring and releasing the balance of a lump-sum
945	appropriation.
946	(b)  The Executive Office of the Governor and the Chief
947	Justice of the Supreme Court may amend, without approval of the
948	Legislative Budget Commission, state agency and judicial branch
949	entity budgets, respectively, to reflect the transferred funds
950	and to provide the associated increased salary rate based on the
951	approved plans for lump-sum appropriations. Any action proposed
952	pursuant to this paragraph is subject to the procedures set
953	forth in s. 216.177.
954
955	The Executive Office of the Governor shall transmit to each
956	state agency and the Chief Financial Officer, and the Chief
957	Justice shall transmit to each judicial branch component and the
958	Chief Financial Officer, any approved amendments to the approved
959	operating budgets.
960	(8)  As part of the approved operating budget, the
961	Executive Office of the Governor shall furnish to each state
962	agency, and the Chief Justice of the Supreme Court shall furnish
963	to the entity of the judicial branch, an approved annual salary
964	rate for each budget entity containing a salary appropriation.
965	This rate shall be based upon the actual salary rate and shall
966	be consistent with the General Appropriations Act or special
967	appropriations acts. The annual salary rate shall be:
968	(a)  Determined by the salary rate specified in the General
969	Appropriations Act and adjusted for reorganizations authorized
970	by law, for any other appropriations made by law, and, subject
971	to s. 216.177, for distributions of lump-sum appropriations and
972	administered funds and for actions that require authorization of
973	salary rate from salary rate reserve and placement of salary
974	rate in salary rate reserve.
975	(10)(a)  The Legislative Budget Commission may authorize
976	increases or decreases in the approved salary rate, except as
977	authorized in s. 216.181(8)(a), for positions pursuant to the
978	request of the agency filed with the Executive Office of the
979	Governor or pursuant to the request of an entity of the judicial
980	branch filed with the Chief Justice of the Supreme Court, if
981	deemed necessary and in the best interest of the state and
982	consistent with legislative policy and intent.
983	(11)  The Executive Office of the Governor and the Chief
984	Justice of the Supreme Court may approve changes in the amounts
985	appropriated from state trust funds in excess of those in the
986	approved operating budget up to $1 million only pursuant to the
987	federal funds provisions of s. 216.212, when grants and
988	donations are received after April 1, or when deemed necessary
989	due to a set of conditions that were unforeseen at the time the
990	General Appropriations Act was adopted and that are essential to
991	correct in order to continue the operation of government.
992	Changes in the amounts appropriated from state trust funds in
993	excess of those in the approved operating budget which are in
994	excess of $1 million may be approved only by the Legislative
995	Budget Commission pursuant to the request of a state agency
996	filed with the Executive Office of the Governor or pursuant to
997	the request of an entity of the judicial branch filed with the
998	Chief Justice of the Supreme Court. The provisions of this
999	subsection are subject to the notice, review, and objection
1000	procedures set forth in s. 216.177.
1001	Section 18.  Section 216.1811, Florida Statutes, is created
1002	to read:
1003	216.1811  Approved operating budgets and appropriations for
1004	the legislative branch.--
1005	(1)  The Governor and the Chief Financial Officer shall
1006	each make changes to the original approved operating budgets for
1007	operational and fixed capital expenditures relating to the
1008	legislative branch as directed by the presiding officers of the
1009	legislative branch.
1010	(2)  The Governor and the Chief Financial Officer shall
1011	each ensure that any balances of appropriations made to the
1012	legislative branch are carried forward as directed by the
1013	presiding officers of the legislative branch.
1014	Section 19.  Paragraph (e) of subsection (2) of section
1015	216.1815, Florida Statutes, is amended to read:
1016	216.1815  Agency incentive and savings program.--
1017	(2)  To be eligible to retain funds, an agency or the Chief
1018	Justice of the Supreme Court must submit a plan and an
1019	associated request to amend its approved operating budget to the
1020	Legislative Budget Commission specifying:
1021	(e)  How the agency or the judicial branch will meet
1022	performance standards, including established by the Legislature
1023	and those in its long-range program plan; and
1024	Section 20.  Section 216.1827, Florida Statutes, is created
1025	to read:
1026	216.1827  Requirements for performance measures and
1027	standards.--
1028	(1)  Agencies and the judicial branch shall maintain a
1029	comprehensive performance accountability system containing, at a
1030	minimum, a list of performance measures and standards that are
1031	adopted by the Legislature and subsequently amended pursuant to
1032	this section.
1033	(2)(a)  Agencies and the judicial branch shall submit
1034	output and outcome measures and standards, as well as historical
1035	baseline and performance data, to the Executive Office of the
1036	Governor and the Legislature, under s. 216.013.
1037	(b)  Agencies and the judicial branch shall also submit
1038	performance data, measures, and standards to the Office of
1039	Program Policy Analysis and Government Accountability upon
1040	request for review of the adequacy of the legislatively approved
1041	measures and standards.
1042	(3)(a)  An agency may submit requests to delete or amend
1043	its existing approved performance measures and standards or
1044	submit requests to create additional performance measures and
1045	standards to the Executive Office of the Governor for review and
1046	approval. The request shall document the justification for the
1047	change and ensure that the revision, deletion, or addition is
1048	consistent with legislative intent. Revisions or deletions to,
1049	or additions of performance measures and standards approved by
1050	the Executive Office of the Governor are subject to the review
1051	and objection procedure set forth in s. 216.177.
1052	(b)  The Chief Justice of the Supreme Court may submit
1053	deletions or amendments of the judicial branch's existing
1054	approved performance measures and standards or may submit
1055	additional performance measures and standards to the Executive
1056	Office of the Governor accompanied with justification for the
1057	change and ensure that the revision, deletion, or addition is
1058	consistent with legislative intent. Revisions or deletions to,
1059	or additions of performance measures and standards submitted by
1060	the Chief Justice of the Supreme Court are subject to the review
1061	and objection procedure set forth in s. 216.177.
1062	(4)(a)  The Legislature may create, amend, and delete
1063	performance measures and standards. The Legislature may confer
1064	with the Executive Office of the Governor for state agencies and
1065	the Chief Justice of the Supreme Court for the judicial branch
1066	prior to any such action.
1067	(b)  The Legislature may require state agencies to submit
1068	requests for revisions, additions, or deletions to approved
1069	performance measures and standards to the Executive Office of
1070	the Governor for review and approval, subject to the review and
1071	objection procedure set forth in s. 216.177.
1072	(c)  The Legislature may require the judicial branch to
1073	submit revisions, additions, or deletions to approved
1074	performance measures and standards to the Executive Office of
1075	The Governor, subject to the review and objection procedure set
1076	forth in s. 216.177.
1077	(d)  Any new agency created by the Legislature is subject
1078	to the initial performance measures and standards established by
1079	the Legislature. The Legislature may require state agencies and
1080	the judicial branch to provide any information necessary to
1081	create initial performance measures and standards.
1082	Section 21.  Paragraph (a) of subsection (2), subsection
1083	(3), paragraph (b) of subsection (4), and subsection (5) of
1084	section 216.292, Florida Statutes, are amended, and subsection
1085	(7) is added to that section, to read:
1086	216.292  Appropriations nontransferable; exceptions.--
1087	(2)  The following transfers are authorized to be made by
1088	the head of each department or the Chief Justice of the Supreme
1089	Court whenever it is deemed necessary by reason of changed
1090	conditions:
1091	(a)  The transfer of appropriations funded from identical
1092	funding sources, except appropriations for fixed capital outlay,
1093	and the transfer of amounts included within the total original
1094	approved budget and plans of releases of appropriations as
1095	furnished pursuant to ss. 216.181 and 216.192, as follows:
1096	1.  Between categories of appropriations within a budget
1097	entity, if no category of appropriation is increased or
1098	decreased by more than 5 percent of the original approved budget
1099	or $250,000, whichever is greater, by all action taken under
1100	this subsection.
1101	2.  Between budget entities within identical categories of
1102	appropriations, if no category of appropriation is increased or
1103	decreased by more than 5 percent of the original approved budget
1104	or $250,000, whichever is greater, by all action taken under
1105	this subsection.
1106	3.  Any agency exceeding salary rate established pursuant
1107	to s. 216.181(8) on June 30th of any fiscal year shall not be
1108	authorized to make transfers pursuant to subparagraphs 1. and 2.
1109	in the subsequent fiscal year.
1110	4.  Notice of proposed transfers under subparagraphs 1. and
1111	2. and notice of the specific changed conditions necessitating
1112	the action shall be provided to the Executive Office of the
1113	Governor and the chairs of the legislative appropriations
1114	committees at least 3 working days prior to agency
1115	implementation in order to provide an opportunity for review and
1116	objection. Such transfers must be consistent with legislative
1117	policy and intent and may not adversely affect achievement of
1118	approved performance outcomes or outputs in any program. The
1119	review shall be limited to ensuring that the transfer is in
1120	compliance with the requirements of this paragraph.
1121	(3)  The following transfers are authorized with the
1122	approval of the Executive Office of the Governor for the
1123	executive branch or the Chief Justice for the judicial branch,
1124	subject to the notice and objection review provisions of s.
1125	216.177:
1126	(a)  The transfer of appropriations for operations from
1127	trust funds in excess of those provided in subsection (2), up to
1128	$1 million.
1129	(b)  The transfer of positions between budget entities.
1130	(4)  The following transfers are authorized with the
1131	approval of the Legislative Budget Commission. Unless waived by
1132	the chair and vice chair of the commission, notice of such
1133	transfers must be provided 14 days before the commission
1134	meeting:
1135	(b)  The transfer of appropriations for operations from
1136	trust funds in excess of those authorized provided in subsection
1137	(2) or subsection (3) this section that exceed the greater of 5
1138	percent of the original approved budget or $1 million, as
1139	recommended by the Executive Office of the Governor or the Chief
1140	Justice of the Supreme Court.
1141	(5)  A transfer of funds may not result in the initiation
1142	of a fixed capital outlay project that has not received a
1143	specific legislative appropriation, except that federal funds
1144	for fixed capital outlay projects for the Department of Military
1145	Affairs, which do not carry a continuing commitment on future
1146	appropriations by the Legislature, may be approved by the
1147	Executive Office of the Governor for the purpose received,
1148	subject to the notice, review, and objection procedures set
1149	forth in s. 216.177.
1150	(7)  The provisions of this section do not apply to the
1151	budgets for the legislative branch.
1152	Section 22.  Effective upon this act becoming a law,
1153	subsections (1) and (3) and paragraph (a) of subsection (2) of
1154	section 216.301, Florida Statutes, as amended by section 40 of
1155	chapter 2005-152, Laws of Florida, are amended to read:
1156	216.301  Appropriations; undisbursed balances.--
1157	(1)(a)  As of June 30th of each year, for appropriations
1158	for operations only, each department and the judicial branch
1159	shall identify in the state's financial system any incurred
1160	obligation which has not been disbursed, showing in detail the
1161	commitment or to whom obligated and the amounts of such
1162	commitments or obligations. Any appropriation not identified as
1163	an incurred obligation effective June 30th shall revert to the
1164	fund from which it was appropriated and shall be available for
1165	reappropriation by the Legislature.
1166	(b)  The undisbursed release balance of any authorized
1167	appropriation, except an appropriation for fixed capital outlay,
1168	for any given fiscal year remaining on June 30 of the fiscal
1169	year shall be carried forward in an amount equal to the incurred
1170	obligations identified in paragraph (a). Any such incurred
1171	obligations remaining undisbursed on September 30 shall revert
1172	to the fund from which appropriated and shall be available for
1173	reappropriation by the Legislature. The Chief Financial Officer
1174	will monitor changes made to incurred obligations prior to the
1175	September 30 reversion to ensure generally accepted accounting
1176	procedures and legislative intent are followed.
1177	(c)  In the event an appropriate identification of an
1178	incurred obligation is not made and an incurred obligation is
1179	proven to be legal, due, and unpaid, then the incurred
1180	obligation shall be paid and charged to the appropriation for
1181	the current fiscal year of the state agency or the legislative
1182	or judicial branch affected.
1183	(1)(a)  Any balance of any appropriation, except an
1184	appropriation for fixed capital outlay, which is not disbursed
1185	but which is expended shall, at the end of each fiscal year, be
1186	certified by the head of the affected state agency or the
1187	judicial or legislative branches, on or before August 1 of each
1188	year, to the Executive Office of the Governor, showing in detail
1189	the obligees to whom obligated and the amounts of such
1190	obligations. Any such encumbered balance remaining undisbursed
1191	on September 30 of the same calendar year in which such
1192	certification was made shall revert to the fund from which
1193	appropriated, except as provided in subsection (3), and shall be
1194	available for reappropriation by the Legislature. In the event
1195	such certification is not made and an obligation is proven to be
1196	legal, due, and unpaid, then the obligation shall be paid and
1197	charged to the appropriation for the current fiscal year of the
1198	state agency or the legislative or judicial branch affected.
1199	(b)  Any balance of any appropriation, except an
1200	appropriation for fixed capital outlay, for any given fiscal
1201	year remaining after charging against it any lawful expenditure
1202	shall revert to the fund from which appropriated and shall be
1203	available for reappropriation by the Legislature.
1204	(d)(c)  Each department and the judicial branch shall
1205	maintain the integrity of the General Revenue Fund.
1206	Appropriations from the General Revenue Fund contained in the
1207	original approved budget may be transferred to the proper trust
1208	fund for disbursement. Any reversion of appropriation balances
1209	from programs which receive funding from the General Revenue
1210	Fund and trust funds shall be transferred to the General Revenue
1211	Fund within 15 days after such reversion, unless otherwise
1212	provided by federal or state law, including the General
1213	Appropriations Act. The Executive Office of the Governor or the
1214	Chief Justice of the Supreme Court shall determine the state
1215	agency or judicial branch programs which are subject to this
1216	paragraph. This determination shall be subject to the
1217	legislative consultation and objection process in this chapter.
1218	The Education Enhancement Trust Fund shall not be subject to the
1219	provisions of this section.
1220	(2)(a)  The balance of any appropriation for fixed capital
1221	outlay which is not disbursed but expended, contracted, or
1222	committed to be expended prior to February 1 of the second
1223	fiscal year of the appropriation, or the third fiscal year if it
1224	is for an educational facility as defined in chapter 1013 or for
1225	a construction project of a state university, shall be certified
1226	by the head of the affected state agency or the legislative or
1227	judicial branch on February 1 to the Executive Office of the
1228	Governor, showing in detail the commitment or to whom obligated
1229	and the amount of the commitment or obligation. The Executive
1230	Office of the Governor for the executive branch and the Chief
1231	Justice for the judicial branch shall review and approve or
1232	disapprove, consistent with criteria jointly developed by the
1233	Executive Office of the Governor and the legislative
1234	appropriations committees, the continuation of such unexpended
1235	balances. The Executive Office of the Governor shall, no later
1236	than February 28 20 of each year, furnish the Chief Financial
1237	Officer, the legislative appropriations committees, and the
1238	Auditor General a report listing in detail the items and amounts
1239	reverting under the authority of this subsection, including the
1240	fund to which reverted and the agency affected.
1241	(3)  The President of the Senate and the Speaker of the
1242	House of Representatives may notify the Executive Office of the
1243	Governor to retain certified forward balances from legislative
1244	budget entities until June 30 of the following fiscal year.
1245	Section 23.  Subsection (2) of section 252.37, Florida
1246	Statutes, is amended to read:
1247	252.37  Financing.--
1248	(2)  It is the legislative intent that the first recourse
1249	be made to funds regularly appropriated to state and local
1250	agencies. If the Governor finds that the demands placed upon
1251	these funds in coping with a particular disaster declared by the
1252	Governor as a state of emergency are unreasonably great, she or
1253	he may make funds available by transferring and expending moneys
1254	appropriated for other purposes, by transferring and expending
1255	moneys out of any unappropriated surplus funds, or from the
1256	Budget Stabilization Fund. Following the expiration or
1257	termination of the state of emergency, the Governor may transfer
1258	moneys with a budget amendment, subject to approval by the
1259	Legislative Budget Commission, process a budget amendment under
1260	the notice and review procedures set forth in s. 216.177 to
1261	transfer moneys to satisfy the budget authority granted for such
1262	emergency.
1263	Section 24.  Section 273.02, Florida Statutes, is amended
1264	to read:
1265	273.02  Record and inventory of certain property.--The word
1266	"property" as used in this section means equipment, fixtures,
1267	and other tangible personal property of a nonconsumable and
1268	nonexpendable nature. The Chief Financial Officer shall
1269	establish by rule the requirements for the recording of property
1270	in the state's financial systems and for the periodic review of
1271	property for inventory purposes., the value or cost of which is
1272	$1,000 or more and the normal expected life of which is 1 year
1273	or more, and hardback-covered bound books that are circulated to
1274	students or the general public, the value or cost of which is
1275	$25 or more, and hardback-covered bound books, the value or cost
1276	of which is $250 or more. Each item of property which it is
1277	practicable to identify by marking shall be marked in the manner
1278	required by the Auditor General. Each custodian shall maintain
1279	an adequate record of property in his or her custody, which
1280	record shall contain such information as shall be required by
1281	the Auditor General. Once each year, on July 1 or as soon
1282	thereafter as is practicable, and whenever there is a change of
1283	custodian, each custodian shall take an inventory of property in
1284	his or her custody. The inventory shall be compared with the
1285	property record, and all discrepancies shall be traced and
1286	reconciled. All publicly supported libraries shall be exempt
1287	from marking hardback-covered bound books, as required by this
1288	section. The catalog and inventory control records maintained by
1289	each publicly supported library shall constitute the property
1290	record of hardback-covered bound books with a value or cost of
1291	$25 or more included in each publicly supported library
1292	collection and shall serve as a perpetual inventory in lieu of
1293	an annual physical inventory. All books identified by these
1294	records as missing shall be traced and reconciled, and the
1295	library inventory shall be adjusted accordingly.
1296	Section 25.  Section 273.025, Florida Statutes, is created
1297	to read:
1298	273.025  Financial reporting for recorded property.--The
1299	Chief Financial Officer shall establish by rule the requirements
1300	for the capitalization of property that has been recorded in the
1301	state's financial systems.
1302	Section 26.  Subsections (2) and (5) of section 273.055,
1303	Florida Statutes, are amended to read:
1304	273.055  Disposition of state-owned tangible personal
1305	property.--
1306	(2)  Custodians shall maintain records to identify each
1307	property item as to disposition. Such records shall comply with
1308	rules issued by the Chief Financial Officer Auditor General.
1309	(5)  All moneys received from the disposition of state-
1310	owned tangible personal property or from any agreement entered
1311	into under this chapter must be retained by the custodian and
1312	may be disbursed for the acquisition of exchange and surplus
1313	property and for all necessary operating expenditures, and are
1314	appropriated for those purposes. The custodian shall maintain
1315	records of the accounts into which the money is deposited.
1316	Section 27.  Section 274.02, Florida Statutes, is amended
1317	to read:
1318	274.02  Record and inventory of certain property.--
1319	(1)  The word "property" as used in this section means
1320	fixtures and other tangible personal property of a nonconsumable
1321	nature the value of which is $1,000 or more and the normal
1322	expected life of which is 1 year or more.
1323	(2)  The Chief Financial Officer shall establish by rule
1324	the requirements for the recording of property and for the
1325	periodic review of property for inventory purposes. Each item of
1326	property which it is practicable to identify by marking shall be
1327	marked in the manner required by the Auditor General. Each
1328	governmental unit shall maintain an adequate record of its
1329	property, which record shall contain such information as shall
1330	be required by the Auditor General. Each governmental unit shall
1331	take an inventory of its property in the custody of a custodian
1332	whenever there is a change in such custodian. A complete
1333	physical inventory of all property shall be taken annually, and
1334	the date inventoried shall be entered on the property record.
1335	The inventory shall be compared with the property record, and
1336	all discrepancies shall be traced and reconciled.
1337	Section 28.  Paragraph (b) of subsection (3) of section
1338	338.2216, Florida Statutes, is amended to read:
1339	338.2216  Florida Turnpike Enterprise; powers and
1340	authority.--
1341	(3)
1342	(b)  Notwithstanding the provisions of s. 216.301 to the
1343	contrary and in accordance with s. 216.351, the Executive Office
1344	of the Governor shall, on July 1 of each year, certify forward
1345	all unexpended funds appropriated or provided pursuant to this
1346	section for the turnpike enterprise. Of the unexpended funds
1347	certified forward, any unencumbered amounts shall be carried
1348	forward. Such funds carried forward shall not exceed 5 percent
1349	of the original approved total operating budget as defined in s.
1350	216.181(1) of the turnpike enterprise. Funds carried forward
1351	pursuant to this section may be used for any lawful purpose,
1352	including, but not limited to, promotional and market
1353	activities, technology, and training. Any certified forward
1354	funds remaining undisbursed on September 30 December 31 of each
1355	year shall be carried forward.
1356	Section 29.  Subsection (4) of section 1011.57, Florida
1357	Statutes, is amended to read:
1358	1011.57  Florida School for the Deaf and the Blind; board
1359	of trustees; management flexibility.--
1360	(4)  Notwithstanding the provisions of s. 216.301 to the
1361	contrary, the Executive Office of the Governor shall, on July 1
1362	of each year, certify forward all unexpended funds appropriated
1363	for the Florida School for the Deaf and the Blind. The
1364	unexpended amounts in any fund shall be carried forward and
1365	included as the balance forward for that fund in the approved
1366	operating budget for the following year.
1367	Section 30.  Section 215.29, Florida Statutes, is repealed.
1368	Section 31.  Except as otherwise expressly provided in this
1369	act, this act shall take effect July 1, 2006.

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