HB 7189

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to state financial matters; amending s.
7	11.243, F.S.; providing for the moneys collected from the
8	sale of the Florida Statutes or other publications to be
9	deposited in a specified trust fund; amending s. 11.513,
10	F.S.; requiring the Chief Justice of the Supreme Court to
11	develop program monitoring plans; requiring that
12	additional data be included in the plans for monitoring
13	major programs of state agencies and the judicial branch
14	and in the reviews of those programs; providing for the
15	Office of Program Policy Analysis and Government
16	Accountability to review agency and judicial branch
17	performance standards and report to the Governor, the
18	Legislature, and the Legislative Budget Commission;
19	amending s. 11.151, F.S.; revising the annual
20	appropriation to a certain legislative contingency fund;
21	amending s. 20.435, F.S.; revising a provision relating to
22	certain undisbursed balances of appropriations from the
23	Biomedical Research Trust Fund; amending s. 215.18, F.S.;
24	requiring that the Governor provide prior notice of
25	transfers between certain funds; amending s. 215.3206,
26	F.S.; replacing references to a 6-digit fund code in the
27	Florida Accounting Information Resource Subsystem with a
28	classification scheme consistent with the Department of
29	Financial Services' financial systems; amending s.
30	215.3208, F.S.; revising references to conform; amending
31	s. 215.35, F.S.; revising a provision relating to the
32	numbering of warrants issued by the Chief Financial
33	Officer; amending s. 215.422, F.S.; replacing a reference
34	to certain vouchers with the terms "invoice" or
35	"invoices"; clarifying that agencies or the judicial
36	branch record and approve certain invoices by a specified
37	date; revising provisions relating to the Department of
38	Financial Services' approval of payment of certain
39	invoices; providing that failure of a vendor to submit the
40	appropriate federal taxpayer identification documentation
41	to the department shall be deemed an error on the part of
42	the vendor; revising references to conform; amending s.
43	215.97, F.S.; removing a reference to the appropriations
44	act in a provision relating to the purposes of the Florida
45	Single Audit Act; amending s. 216.011, F.S.; revising the
46	definition of "operating capital outlay"; providing the
47	Legislature certain authority relating to qualified
48	expenditure category funds; defining the terms "incurred
49	obligation" and "salary rate reserve" for purposes of
50	state fiscal affairs, appropriations, and budgets;
51	amending s. 216.013, F.S.; revising requirements for
52	information regarding performance measures to be included
53	in the long-range program plans of state agencies and the
54	judicial branch; revising a provision relating to making
55	adjustments to long-range program plans; amending s.
56	216.023, F.S.; revising certain requirements for
57	legislative budget requests; deleting a provision
58	requiring agencies to maintain a certain performance
59	accountability system and provide a list of performance
60	measures; deleting a provision relating to adjustments to
61	executive agency performance standards; deleting a
62	provision relating to adjustments to judicial branch
63	performance standards; amending s. 216.134, F.S.;
64	providing for the responsibility of presiding over
65	sessions of consensus estimating conferences; amending s.
66	216.136, F.S.; revising provisions relating to the
67	principals of consensus estimating conferences; revising
68	the duties of certain agencies relating to the Criminal
69	Justice Estimating Conference, the Social Services
70	Estimating Conference, and the Workforce Estimating
71	Conference; amending s. 216.177, F.S.; clarifying the
72	circumstances under which the Executive Office of the
73	Governor and the Chief Justice of the Supreme Court are
74	required to provide notice to the chair and vice chair of
75	the Legislative Budget Commission; amending s. 216.181,
76	F.S.; providing that amendments to certain approved
77	operating budgets are subject to objection procedures;
78	requiring that state agencies submit to the chair and vice
79	chair of the Legislative Budget Commission a plan for
80	allocating any lump-sum appropriation in a budget
81	amendment; creating s. 216.1811, F.S.; providing
82	requirements for the Governor and the Chief Financial
83	Officer relating to certain approved operating budgets for
84	the legislative branch and appropriations made to the
85	legislative branch; amending s. 216.1815, F.S.; revising
86	certain requirements for the performance standards
87	included in an amended operating budget plan and request
88	submitted to the Legislative Budget Commission; creating
89	s. 216.1827, F.S.; requiring that each state agency and
90	the judicial branch maintain a performance accountability
91	system; requiring agencies and the judicial branch to
92	submit specified information to the Executive Office of
93	the Governor and the Legislature or the Office of Program
94	Policy Analysis and Government Accountability for review;
95	providing guidelines for requests to delete or amend
96	existing approved performance measures and standards;
97	specifying authority of the Legislature relating to agency
98	and judicial branch performance measures and standards;
99	amending s. 216.251, F.S.; prohibiting an agency from
100	providing salary increases or pay additives for certain
101	positions without legislative authorization; amending s.
102	216.292, F.S.; providing that certain transfers between
103	budget entities are subject to objection procedures;
104	clarifying provisions authorizing certain transfers of
105	appropriations from trust funds; providing that
106	requirements of specified provisions relating to
107	appropriations being nontransferable do not apply to
108	legislative branch budgets; amending s. 216.301, F.S.;
109	revising the requirements for undisbursed balances of
110	appropriations; revising a procedure for identifying and
111	paying incurred obligations; removing a provision relating
112	to notification to retain certain balances from
113	legislative budget entities; amending s. 252.37, F.S.;
114	providing that a transfer of moneys with a budget
115	amendment following a state of emergency is subject to
116	approval by the Legislative Budget Commission; amending s.
117	273.02, F.S.; revising a definition; requiring the Chief
118	Financial Officer to establish certain requirements by
119	rule relating to the recording and inventory of certain
120	state-owned property; creating s. 273.025, F.S.; requiring
121	the Chief Financial Officer to establish by rule certain
122	requirements relating to the capitalization of certain
123	property; amending s. 273.055, F.S.; revising
124	responsibility for rules relating to maintaining records
125	as to disposition of state-owned tangible personal
126	property; revising a provision relating to use of moneys
127	received from the disposition of state-owned tangible
128	personal property; amending s. 274.02, F.S.; revising a
129	definition; requiring the Chief Financial Officer to
130	establish by rule requirements relating to the recording
131	and inventory of certain property owned by local
132	governments; amending s. 338.2216, F.S.; revising
133	requirements relating to unexpended funds appropriated or
134	provided for the Florida Turnpike Enterprise; amending s.
135	1011.57, F.S.; revising requirements relating to
136	unexpended funds appropriated to the Florida School for
137	the Deaf and the Blind; repealing s. 215.29, F.S.,
138	relating to the classification of Chief Financial
139	Officer's warrants; providing effective dates.
140
141	Be It Enacted by the Legislature of the State of Florida:
142
143	Section 1.  Subsection (3) of section 11.243, Florida
144	Statutes, is amended to read:
145	11.243  Publishing Florida Statutes; price, sale.--
146	(3)  All moneys collected from the sale of the Florida
147	Statutes or other publications shall be deposited in the Grants
148	and Donations Trust Fund within the Legislature State Treasury
149	and credited to the appropriation for legislative expense.
150	Section 2.  Subsections (2) and (3) of section 11.513,
151	Florida Statutes, are amended, present subsections (5) and (6)
152	of that section are renumbered as subsections (6) and (7),
153	respectively, and a new subsection (5) is added to that section,
154	to read:
155	11.513  Program evaluation and justification review.--
156	(2)  A state agency's inspector general, internal auditor,
157	or other person designated by the agency head or the Chief
158	Justice of the Supreme Court shall develop, in consultation with
159	the Office of Program Policy Analysis and Government
160	Accountability, a plan for monitoring and reviewing the state
161	agency's or the judicial branch's major programs to ensure that
162	performance measures and standards, as well as baseline and
163	previous-year performance data, are maintained and supported by
164	agency records.
165	(3)  The program evaluation and justification review shall
166	be conducted on major programs, but may include other programs.
167	The review shall be comprehensive in its scope but, at a
168	minimum, must be conducted in such a manner as to specifically
169	determine the following, and to consider and determine what
170	changes, if any, are needed with respect thereto:
171	(a)  The identifiable cost of each program.
172	(b)  The specific purpose of each program, as well as the
173	specific public benefit derived therefrom.
174	(c)  Progress toward achieving the outputs and outcomes
175	associated with each program.
176	(d)  An explanation of circumstances contributing to the
177	state agency's ability to achieve, not achieve, or exceed its
178	projected outputs and outcomes, as defined in s. 216.011,
179	associated with each program.
180	(e)  Alternate courses of action that would result in
181	administration of the same program in a more efficient or
182	effective manner. The courses of action to be considered must
183	include, but are not limited to:
184	1.  Whether the program could be organized in a more
185	efficient and effective manner, whether the program's mission,
186	goals, or objectives should be redefined, or, when the state
187	agency cannot demonstrate that its efforts have had a positive
188	effect, whether the program should be reduced in size or
189	eliminated.
190	2.  Whether the program could be administered more
191	efficiently or effectively to avoid duplication of activities
192	and ensure that activities are adequately coordinated.
193	3.  Whether the program could be performed more efficiently
194	or more effectively by another unit of government or a private
195	entity, or whether a program performed by a private entity could
196	be performed more efficiently and effectively by a state agency.
197	4.  When compared to costs, whether effectiveness warrants
198	elimination of the program or, if the program serves a limited
199	interest, whether it should be redesigned to require users to
200	finance program costs.
201	5.  Whether the cost to administer the program exceeds
202	license and other fee revenues paid by those being regulated.
203	6.  Whether other changes could improve the efficiency and
204	effectiveness of the program.
205	(f)  The consequences of discontinuing such program. If any
206	discontinuation is recommended, such recommendation must be
207	accompanied by a description of alternatives to implement such
208	recommendation, including an implementation schedule for
209	discontinuation and recommended procedures for assisting state
210	agency employees affected by the discontinuation.
211	(g)  Determination as to public policy, which may include
212	recommendations as to whether it would be sound public policy to
213	continue or discontinue funding the program, either in whole or
214	in part, in the existing manner.
215	(h)  Whether current performance measures and standards
216	should be reviewed or amended to assist agencies' and the
217	judicial branch's efforts in achieving outputs and outcome
218	measures.
219	(i)(h)  Whether the information reported as part of the
220	state's performance-based program budgeting system has relevance
221	and utility for the evaluation of each program.
222	(j)(i)  Whether state agency management has established
223	control systems sufficient to ensure that performance data are
224	maintained and supported by state agency records and accurately
225	presented in state agency performance reports.
226	(5)  The Office of Program Policy Analysis and Government
227	Accountability may perform evaluation and justification reviews
228	when necessary and as directed by the Legislature in order to
229	determine whether current agency and judicial branch performance
230	measures and standards are adequate. Reports concerning the
231	evaluation and review of agency and judicial branch performance
232	measures and standards shall be submitted to the Executive
233	Office of the Governor, the President of the Senate, the Speaker
234	of the House of Representatives, and the chair and vice chair of
235	the Legislative Budget Commission. Reports concerning the
236	evaluation and review of judicial branch performance measures
237	and standards shall be submitted to the Chief Justice of the
238	Supreme Court.
239	Section 3.  Subsection (1) of section 11.151, Florida
240	Statutes, is amended to read:
241	11.151  Annual legislative appropriation to contingency
242	fund for use of Senate President and House Speaker.--
243	(1)  There is established a legislative contingency fund
244	consisting of $20,000 $10,000 for the President of the Senate
245	and $20,000 $10,000 for the Speaker of the House of
246	Representatives, which amounts shall be set aside annually from
247	moneys appropriated for legislative expense. These funds shall
248	be disbursed by the Chief Financial Officer upon receipt of
249	vouchers authorized by the President of the Senate or the
250	Speaker of the House of Representatives. Such funds may be
251	expended at the unrestricted discretion of the President of the
252	Senate or the Speaker of the House of Representatives in
253	carrying out their official duties during the entire period
254	between the date of their election as such officers at the
255	organizational meeting held pursuant to s. 3(a), Art. III of the
256	State Constitution and the next general election.
257	Section 4.  Paragraph (h) of subsection (1) of section
258	20.435, Florida Statutes, is amended to read:
259	20.435  Department of Health; trust funds.--
260	(1)  The following trust funds are hereby created, to be
261	administered by the Department of Health:
262	(h)  Biomedical Research Trust Fund.
263	1.  Funds to be credited to the trust fund shall consist of
264	funds deposited pursuant to s. 215.5601. Funds shall be used for
265	the purposes of the James and Esther King Biomedical Research
266	Program as specified in ss. 215.5602 and 288.955. The trust fund
267	is exempt from the service charges imposed by s. 215.20.
268	2.  Notwithstanding the provisions of s. 216.301 and
269	pursuant to s. 216.351, any balance in the trust fund at the end
270	of any fiscal year shall remain in the trust fund at the end of
271	the year and shall be available for carrying out the purposes of
272	the trust fund. The department may invest these funds
273	independently through the Chief Financial Officer or may
274	negotiate a trust agreement with the State Board of
275	Administration for the investment management of any balance in
276	the trust fund.
277	3.  Notwithstanding s. 216.301 and pursuant to s. 216.351,
278	any balance of any appropriation from the Biomedical Research
279	Trust Fund which is not disbursed but which is obligated
280	pursuant to contract or committed to be expended may be carried
281	forward certified by the Governor for up to 3 years following
282	the effective date of the original appropriation.
283	4.  The trust fund shall, unless terminated sooner, be
284	terminated on July 1, 2008.
285	Section 5.  Section 215.18, Florida Statutes, is amended to
286	read:
287	215.18  Transfers between funds; limitation.--Whenever
288	there exists in any fund provided for by s. 215.32 a deficiency
289	which would render such fund insufficient to meet its just
290	requirements, and there shall exist in the other funds in the
291	State Treasury moneys which are for the time being or otherwise
292	in excess of the amounts necessary to meet the just requirements
293	of such last-mentioned funds, the Governor may order a temporary
294	transfer of moneys from one fund to another in order to meet
295	temporary deficiencies in a particular fund without resorting to
296	the necessity of borrowing money and paying interest thereon.
297	Any action proposed under this section is subject to the notice
298	and objection procedures set forth in s. 216.177, and the
299	Governor shall provide notice of such action at least 7 days
300	prior to the effective date of the transfer of funds.
301	(1)  Except as otherwise provided in s. 216.222(1)(a)2.,
302	the fund from which any money is temporarily transferred shall
303	be repaid the amount transferred from it not later than the end
304	of the fiscal year in which such transfer is made, the date of
305	repayment to be specified in the order of the Governor.
306	(2)  Notwithstanding subsection (1) and for the 2005-2006
307	fiscal year only, the repayment period for funds temporarily
308	transferred in fiscal year 2004-2005 to meet deficiencies
309	resulting from hurricanes striking this state in 2004 may be
310	extended until grants awarded by the Federal Emergency
311	Management Agency for FEMA Disaster Declarations 1539-DR-FL,
312	1545-DR-FL, 1551-DR-FL, and 1561-DR-FL are received. This
313	subsection expires July 1, 2006.
314	Section 6.  Subsections (2) and (4) of section 215.3206,
315	Florida Statutes, are amended to read:
316	215.3206  Trust funds; termination or re-creation.--
317	(2)  If the trust fund is terminated and not immediately
318	re-created, all cash balances and income of the trust fund shall
319	be deposited into the General Revenue Fund. The agency or Chief
320	Justice shall pay any outstanding debts of the trust fund as
321	soon as practicable, and the Chief Financial Officer shall close
322	out and remove the trust fund from the various state financial
323	accounting systems, using generally accepted accounting
324	practices concerning warrants outstanding, assets, and
325	liabilities. No appropriation or budget amendment shall be
326	construed to authorize any encumbrance of funds from a trust
327	fund after the date on which the trust fund is terminated or is
328	judicially determined to be invalid.
329	(4)  For the purposes of this section, the Governor, Chief
330	Justice, and agencies shall review the trust funds as they are
331	identified by a classification scheme set out in the legislative
332	budget request instructions pursuant to s. 216.023 consistent
333	with the Department of Financial Services' financial systems by
334	a unique 6-digit code in the Florida Accounting Information
335	Resource Subsystem at a level composed of the 2-digit
336	organization level 1, the 1-digit state fund type 2, and the
337	first three digits of the fund identifier. The Governor, Chief
338	Justice, and agencies may also conduct their review and make
339	recommendations concerning accounts within such trust funds.
340	Section 7.  Subsection (1) and paragraph (a) of subsection
341	(2) of section 215.3208, Florida Statutes, are amended to read:
342	215.3208  Trust funds; legislative review.--
343	(1)  In order to implement s. 19(f), Art. III of the State
344	Constitution, for the purpose of reviewing trust funds prior to
345	their automatic termination pursuant to the provisions of s.
346	19(f)(2), Art. III of the State Constitution, the Legislature
347	shall review all state trust funds at least once every 4 years.
348	The schedule for such review may be included in the legislative
349	budget instructions developed pursuant to the requirements of s.
350	216.023. The Legislature shall review trust funds as they are
351	identified by a classification scheme set out in the legislative
352	budget request instructions pursuant to s. 216.023 consistent
353	with the Department of Financial Services' financial systems by
354	a unique 6-digit code in the Florida Accounting Information
355	Resource Subsystem at a level composed of the 2-digit
356	organization level 1, the 1-digit state fund type 2, and the
357	first three digits of the fund identifier. When a statutorily
358	created trust fund that was in existence on November 4, 1992,
359	has more than one fund 6-digit code in the financial systems,
360	the Legislature may treat it as a single trust fund for the
361	purposes of this section. The Legislature may also conduct its
362	review concerning accounts within such trust funds.
363	(2)(a)  When the Legislature terminates a trust fund, the
364	agency or branch of state government that administers the trust
365	fund shall pay any outstanding debts or obligations of the trust
366	fund as soon as practicable, and the Chief Financial Officer
367	shall close out and remove the trust fund from the various state
368	financial accounting systems, using generally accepted
369	accounting principles concerning assets, liabilities, and
370	warrants outstanding.
371	Section 8.  Section 215.35, Florida Statutes, is amended to
372	read:
373	215.35  State funds; warrants and their issuance.--All
374	warrants issued by the Chief Financial Officer shall be numbered
375	in a manner that uniquely identifies each warrant for audit and
376	reconciliation purposes chronological order commencing with
377	number one in each fiscal year and each warrant shall refer to
378	the Chief Financial Officer's voucher by the number thereof,
379	which voucher shall also be numbered as above set forth. Each
380	warrant shall state the name of the payee thereof and the amount
381	allowed, and said warrant shall be stated in words at length. No
382	warrant shall issue until same has been authorized by an
383	appropriation made by law but such warrant need not state or set
384	forth such authorization. The Chief Financial Officer shall
385	register and maintain a record of each warrant in his or her
386	office. The record shall show the funds, accounts, purposes, and
387	departments involved in the issuance of each warrant. In those
388	instances where the expenditure of funds of regulatory boards or
389	commissions has been provided for by laws other than the annual
390	appropriations bill, warrants shall be issued upon requisition
391	to the Chief Financial Officer by the governing body of such
392	board or commission.
393	Section 9.  Subsections (1) and (2), paragraphs (a) and (b)
394	of subsection (3), and subsection (6) of section 215.422,
395	Florida Statutes, are amended to read:
396	215.422  Payments, warrants, vouchers, and invoices;
397	processing time limits; dispute resolution; agency or judicial
398	branch compliance.--
399	(1)  The voucher authorizing payment of An invoice
400	submitted to an agency of the state or the judicial branch,
401	required by law to be filed with the Chief Financial Officer,
402	shall be recorded in the financial systems of the state,
403	approved for payment by the agency or the judicial branch, and
404	filed with the Chief Financial Officer not later than 20 days
405	after receipt of the invoice and receipt, inspection, and
406	approval of the goods or services, except that in the case of a
407	bona fide dispute the invoice recorded in the financial systems
408	of the state voucher shall contain a statement of the dispute
409	and authorize payment only in the amount not disputed. The Chief
410	Financial Officer may establish dollar thresholds and other
411	criteria for all invoices and may delegate to a state agency or
412	the judicial branch responsibility for maintaining the official
413	invoices vouchers and documents for invoices which do not exceed
414	the thresholds or which meet the established criteria. Such
415	records shall be maintained in accordance with the requirements
416	established by the Secretary of State. The transmission of an
417	approved invoice recorded in the financial systems of the state
418	electronic payment request transmission to the Chief Financial
419	Officer shall constitute filing of a request voucher for payment
420	of invoices for which the Chief Financial Officer has delegated
421	to an agency custody of official records. Approval and
422	inspection of goods or services shall take no longer than 5
423	working days unless the bid specifications, purchase order, or
424	contract specifies otherwise. If an invoice a voucher filed
425	within the 20-day period is returned by the Department of
426	Financial Services because of an error, it shall nevertheless be
427	deemed timely filed. The 20-day filing requirement may be waived
428	in whole or in part by the Department of Financial Services on a
429	showing of exceptional circumstances in accordance with rules
430	and regulations of the department. For the purposes of
431	determining the receipt of invoice date, the agency or the
432	judicial branch is deemed to receive an invoice on the date on
433	which a proper invoice is first received at the place designated
434	by the agency or the judicial branch. The agency or the judicial
435	branch is deemed to receive an invoice on the date of the
436	invoice if the agency or the judicial branch has failed to
437	annotate the invoice with the date of receipt at the time the
438	agency or the judicial branch actually received the invoice or
439	failed at the time the order is placed or contract made to
440	designate a specific location to which the invoice must be
441	delivered.
442	(2)  The Department of Financial Services shall approve
443	payment of an invoice no later than 10 days after the agency's
444	filing of the approved invoice The warrant in payment of an
445	invoice submitted to an agency of the state or the judicial
446	branch shall be issued not later than 10 days after filing of
447	the voucher authorizing payment. However, this requirement may
448	be waived in whole or in part by the Department of Financial
449	Services on a showing of exceptional circumstances in accordance
450	with rules and regulations of the department. If the 10-day
451	period contains fewer than 6 working days, the Department of
452	Financial Services shall be deemed in compliance with this
453	subsection if the payment is approved warrant is issued within 6
454	working days without regard to the actual number of calendar
455	days. For purposes of this section, a payment is deemed to be
456	issued on the first working day that payment is available for
457	delivery or mailing to the vendor.
458	(3)(a)  Each agency of the state or the judicial branch
459	which is required by law to file invoices vouchers with the
460	Chief Financial Officer shall keep a record of the date of
461	receipt of the invoice; dates of receipt, inspection, and
462	approval of the goods or services; date of filing of the
463	approved invoice voucher; and date of issuance of the warrant in
464	payment thereof. If the invoice voucher is not filed or the
465	warrant is not issued within the time required, an explanation
466	in writing by the agency head or the Chief Justice shall be
467	submitted to the Department of Financial Services in a manner
468	prescribed by it. Agencies and the judicial branch shall
469	continue to deliver or mail state payments promptly.
470	(b)  If a warrant in payment of an invoice is not issued
471	within 40 days after receipt of the invoice and receipt,
472	inspection, and approval of the goods and services, the agency
473	or judicial branch shall pay to the vendor, in addition to the
474	amount of the invoice, interest at a rate as established
475	pursuant to s. 55.03(1) on the unpaid balance from the
476	expiration of such 40-day period until such time as the warrant
477	is issued to the vendor. Such interest shall be added to the
478	invoice at the time of submission to the Chief Financial Officer
479	for payment whenever possible. If addition of the interest
480	penalty is not possible, the agency or judicial branch shall pay
481	the interest penalty payment within 15 days after issuing the
482	warrant. The provisions of this paragraph apply only to
483	undisputed amounts for which payment has been authorized.
484	Disputes shall be resolved in accordance with rules developed
485	and adopted by the Chief Justice for the judicial branch, and
486	rules adopted by the Department of Financial Services or in a
487	formal administrative proceeding before an administrative law
488	judge of the Division of Administrative Hearings for state
489	agencies, provided that, for the purposes of ss. 120.569 and
490	120.57(1), no party to a dispute involving less than $1,000 in
491	interest penalties shall be deemed to be substantially affected
492	by the dispute or to have a substantial interest in the decision
493	resolving the dispute. In the case of an error on the part of
494	the vendor, the 40-day period shall begin to run upon receipt by
495	the agency or the judicial branch of a corrected invoice or
496	other remedy of the error. For purposes of this section, the
497	non-submittal of the appropriate federal taxpayer identification
498	documentation to the Department of Financial Services by the
499	vendor shall be deemed an error on the part of the vendor and
500	the vendor shall be required to submit the appropriate federal
501	taxpayer documentation in order to remedy the error. The
502	provisions of this paragraph do not apply when the filing
503	requirement under subsection (1) or subsection (2) has been
504	waived in whole by the Department of Financial Services. The
505	various state agencies and the judicial branch shall be
506	responsible for initiating the penalty payments required by this
507	subsection and shall use this subsection as authority to make
508	such payments. The budget request submitted to the Legislature
509	shall specifically disclose the amount of any interest paid by
510	any agency or the judicial branch pursuant to this subsection.
511	The temporary unavailability of funds to make a timely payment
512	due for goods or services does not relieve an agency or the
513	judicial branch from the obligation to pay interest penalties
514	under this section.
515	(6)  The Department of Financial Services shall monitor
516	each agency's and the judicial branch's compliance with the time
517	limits and interest penalty provisions of this section. The
518	department shall provide a report to an agency or to the
519	judicial branch if the department determines that the agency or
520	the judicial branch has failed to maintain an acceptable rate of
521	compliance with the time limits and interest penalty provisions
522	of this section. The department shall establish criteria for
523	determining acceptable rates of compliance. The report shall
524	also include a list of late invoices vouchers or payments, the
525	amount of interest owed or paid, and any corrective actions
526	recommended. The department shall perform monitoring
527	responsibilities, pursuant to this section, using the Department
528	of Financial Services' financial systems Management Services and
529	Purchasing Subsystem or the Florida Accounting Information
530	Resource Subsystem provided in s. 215.94. Each agency and the
531	judicial branch shall be responsible for the accuracy of
532	information entered into the Department of Management Services'
533	procurement system Management Services and Purchasing Subsystem
534	and the Department of Financial Services' financial systems
535	Florida Accounting Information Resource Subsystem for use in
536	this monitoring.
537	Section 10.  Paragraph (d) of subsection (1) of section
538	215.97, Florida Statutes, is amended to read:
539	215.97  Florida Single Audit Act.--
540	(1)  The purposes of the section are to:
541	(d)  Provide for identification of state financial
542	assistance transactions in the appropriations act, state
543	accounting records, and recipient organization records.
544	Section 11.  Effective upon this act becoming a law,
545	paragraphs (bb) and (ss) of subsection (1) of section 216.011,
546	Florida Statutes, are amended, and paragraphs (tt) and (uu) are
547	added to that subsection, to read:
548	216.011  Definitions.--
549	(1)  For the purpose of fiscal affairs of the state,
550	appropriations acts, legislative budgets, and approved budgets,
551	each of the following terms has the meaning indicated:
552	(bb)  "Operating capital outlay" means the appropriation
553	category used to fund equipment, fixtures, and other tangible
554	personal property of a nonconsumable and nonexpendable nature
555	under s. 273.025, according to the value or cost specified in s.
556	273.02.
557	(ss)  "Qualified expenditure category" means the
558	appropriations category used to fund specific activities and
559	projects which must be transferred to one or more appropriation
560	categories for expenditure upon recommendation by the Governor
561	or Chief Justice, as appropriate, and subject to approval by the
562	Legislative Budget Commission. The legislature by law may
563	provide that a specific portion of the funds appropriated in
564	this category be transferred to one or more appropriation
565	categories without approval by the commission and may provide
566	that requirements or contingencies be satisfied prior to the
567	transfer.
568	(tt)  "Incurred obligation" means a legal obligation for
569	goods or services that have been contracted for, referred to as
570	an encumbrance in the state's financial system, or received or
571	incurred by the state and referred to as a payable in the
572	state's financial system.
573	(uu)  "Salary rate reserve" means the withholding of a
574	portion of the annual salary rate for a specific purpose.
575	Section 12.  Paragraphs (h) through (k) are added to
576	subsection (1) of section 216.013, Florida Statutes, and
577	subsection (5) of that section is amended, to read:
578	216.013  Long-range program plan.--State agencies and the
579	judicial branch shall develop long-range program plans to
580	achieve state goals using an interagency planning process that
581	includes the development of integrated agency program service
582	outcomes. The plans shall be policy based, priority driven,
583	accountable, and developed through careful examination and
584	justification of all agency and judicial branch programs.
585	(1)  Long-range program plans shall provide the framework
586	for the development of budget requests and shall identify or
587	update:
588	(h)  Legislatively approved output and outcome performance
589	measures.
590	(i)  Performance standards for each performance measure and
591	justification for the standards and the sources of data to be
592	used for measurement.
593	(j)  Prior-year performance data on approved performance
594	measures and an explanation of deviation from expected
595	performance. Performance data must be assessed for reliability
596	in accordance with s. 20.055.
597	(k)  Proposed performance incentives and disincentives.
598	(5)  Following the adoption of the annual General
599	Appropriations Act, The state agencies and the judicial branch
600	shall make appropriate adjustments to their long-range program
601	plans, excluding adjustments to performance measures and
602	standards, to be consistent with the appropriations and
603	performance measures in the General Appropriations Act and
604	legislation implementing the General Appropriations Act.
605	Agencies and the judicial branch have 30 days subsequent to the
606	effective date of the General Appropriations Act and
607	implementing legislation until June 30 to make adjustments to
608	their plans as posted on their Internet websites.
609	Section 13.  Paragraph (a) of subsection (4) and
610	subsections (5), (6), and (8) of section 216.023, Florida
611	Statutes, are amended, and subsections (7), (9), (10), (11), and
612	(12) are renumbered as subsections (5), (6), (7), (8), and (9),
613	respectively, to read:
614	216.023  Legislative budget requests to be furnished to
615	Legislature by agencies.--
616	(4)(a)  The legislative budget request must contain for
617	each program:
618	1.  The constitutional or statutory authority for a
619	program, a brief purpose statement, and approved program
620	components.
621	2.  Information on expenditures for 3 fiscal years (actual
622	prior-year expenditures, current-year estimated expenditures,
623	and agency budget requested expenditures for the next fiscal
624	year) by appropriation category.
625	3.  Details on trust funds and fees.
626	4.  The total number of positions (authorized, fixed, and
627	requested).
628	5.  An issue narrative describing and justifying changes in
629	amounts and positions requested for current and proposed
630	programs for the next fiscal year.
631	6.  Information resource requests.
632	7.  Legislatively approved Output and outcome performance
633	measures and any proposed revisions to measures.
634	8.  Proposed performance standards for each performance
635	measure and justification for the standards and the sources of
636	data to be used for measurement.
637	9.  Prior-year performance data on approved performance
638	measures and an explanation of deviation from expected
639	performance. Performance data must be assessed for reliability
640	in accordance with s. 20.055.
641	10.  Proposed performance incentives and disincentives.
642	7.11.  Supporting information, including applicable cost-
643	benefit analyses, business case analyses, performance
644	contracting procedures, service comparisons, and impacts on
645	performance standards for any request to outsource or privatize
646	agency functions.
647	8.12.  An evaluation of any major outsourcing and
648	privatization initiatives undertaken during the last 5 fiscal
649	years having aggregate expenditures exceeding $10 million during
650	the term of the contract. The evaluation shall include an
651	assessment of contractor performance, a comparison of
652	anticipated service levels to actual service levels, and a
653	comparison of estimated savings to actual savings achieved.
654	Consolidated reports issued by the Department of Management
655	Services may be used to satisfy this requirement.
656	(5)  Agencies must maintain a comprehensive performance
657	accountability system and provide a list of performance measures
658	maintained by the agency which are in addition to the measures
659	approved by the Legislature.
660	(6)  Annually, by June 30, executive agencies shall submit
661	to the Executive Office of the Governor adjustments to their
662	performance standards based on the amounts appropriated for each
663	program by the Legislature. When such an adjustment is made, all
664	performance standards, including any adjustments made, shall be
665	reviewed and revised as necessary by the Executive Office of the
666	Governor and, upon approval, submitted to the Legislature
667	pursuant to the review and approval process provided in s.
668	216.177. The Senate and the House of Representatives
669	appropriations committees shall advise Senate substantive
670	committees and House of Representatives substantive committees,
671	respectively, of all adjustments made to performance standards
672	or measures. The Executive Office of the Governor shall maintain
673	the official record of adjustments to the performance standards.
674	As used in this section, the term "official record" means the
675	official compilation of information about state agency
676	performance-based programs and measures, including approved
677	programs, approved outputs and outcomes, baseline data, approved
678	standards for each performance measure and any approved
679	adjustments thereto, as well as actual agency performance for
680	each measure.
681	(8)  Annually, by June 30, the judicial branch shall make
682	adjustments to any performance standards for approved programs
683	based on the amount appropriated for each program, which shall
684	be submitted to the Legislature pursuant to the notice and
685	review process provided in s. 216.177. The Senate and the House
686	of Representatives appropriations committees shall advise Senate
687	substantive committees and House substantive committees,
688	respectively, of all adjustments made to performance standards
689	or measures.
690	Section 14.  Paragraph (a) of subsection (4) of section
691	216.134, Florida Statutes, is amended, and paragraph (c) is
692	added to that subsection, to read:
693	216.134  Consensus estimating conferences; general
694	provisions.--
695	(4)  Consensus estimating conferences are within the
696	legislative branch. The membership of each consensus estimating
697	conference consists of principals and participants.
698	(a)  A person designated by law as a principal may preside
699	over conference sessions, convene conference sessions, request
700	information, specify topics to be included on the conference
701	agenda, agree or withhold agreement on whether information is to
702	be official information of the conference, release official
703	information of the conference, interpret official information of
704	the conference, and monitor errors in official information of
705	the conference. The responsibility of presiding over sessions of
706	the conference shall be rotated among the principals.
707	(c)  The principals of each conference shall be
708	professional staff of the Executive Office of the Governor
709	designated by the Governor, the coordinator of the Office of
710	Economic and Demographic Research, professional staff of the
711	Senate designated by the President of the Senate, and
712	professional staff of the House of Representatives designated by
713	the Speaker of the House of Representatives, or their designees.
714	Section 15.  Section 216.136, Florida Statutes, is amended
715	to read:
716	216.136  Consensus estimating conferences; duties and
717	principals.--
718	(1)  ECONOMIC ESTIMATING CONFERENCE.--
719	(a)  Duties.--The Economic Estimating Conference shall
720	develop such official information with respect to the national
721	and state economies as the conference determines is needed for
722	the state planning and budgeting system. The basic, long-term
723	forecasts which are a part of its official information shall be
724	trend forecasts. However, the conference may include cycle
725	forecasts as a part of its official information if the subject
726	matter of the forecast warrants a cycle forecast and if such
727	forecast is developed in a special impact session of the
728	conference.
729	(b)  Principals.--The Executive Office of the Governor, the
730	coordinator of the Office of Economic and Demographic Research,
731	and professional staff of the Senate and House of
732	Representatives who have forecasting expertise, or their
733	designees, are the principals of the Economic Estimating
734	Conference.  The responsibility of presiding over sessions of
735	the conference shall be rotated among the principals.
736	(2)  DEMOGRAPHIC ESTIMATING CONFERENCE.--
737	(a)  Duties.--The Demographic Estimating Conference shall
738	develop such official information with respect to the population
739	of the nation and state by age, race, and sex as the conference
740	determines is needed for the state planning and budgeting
741	system.  The conference shall use the official population
742	estimates provided under s. 186.901 in developing its official
743	information.
744	(b)  Principals.--The Executive Office of the Governor, the
745	coordinator of the Office of Economic and Demographic Research,
746	and professional staff of the Senate and House of
747	Representatives who have forecasting expertise, or their
748	designees, are the principals of the Demographic Estimating
749	Conference.  The responsibility of presiding over sessions of
750	the conference shall be rotated among the principals.
751	(3)  REVENUE ESTIMATING CONFERENCE.--
752	(a)  Duties.--The Revenue Estimating Conference shall
753	develop such official information with respect to anticipated
754	state and local government revenues as the conference determines
755	is needed for the state planning and budgeting system.  Any
756	principal may request the conference to review and estimate
757	revenues for any trust fund.
758	(b)  Principals.--The Executive Office of the Governor, the
759	coordinator of the Office of Economic and Demographic Research,
760	and professional staff of the Senate and House of
761	Representatives who have forecasting expertise, or their
762	designees, are the principals of the Revenue Estimating
763	Conference.  The responsibility of presiding over sessions of
764	the conference shall be rotated among the principals.
765	(4)  EDUCATION ESTIMATING CONFERENCE.--
766	(a)  Duties.--The Education Estimating Conference shall
767	develop such official information relating to the state public
768	and private educational system, including forecasts of student
769	enrollments, the number of students qualified for state
770	financial aid programs and for the William L. Boyd, IV, Florida
771	Resident Access Grant Program and the appropriation required to
772	fund the full award amounts for each program, fixed capital
773	outlay needs, and Florida Education Finance Program formula
774	needs, as the conference determines is needed for the state
775	planning and budgeting system.  The conference's initial
776	projections of enrollments in public schools shall be forwarded
777	by the conference to each school district no later than 2 months
778	prior to the start of the regular session of the Legislature.
779	Each school district may, in writing, request adjustments to the
780	initial projections.  Any adjustment request shall be submitted
781	to the conference no later than 1 month prior to the start of
782	the regular session of the Legislature and shall be considered
783	by the principals of the conference.  A school district may
784	amend its adjustment request, in writing, during the first 3
785	weeks of the legislative session, and such amended adjustment
786	request shall be considered by the principals of the conference.
787	For any adjustment so requested, the district shall indicate and
788	explain, using definitions adopted by the conference, the
789	components of anticipated enrollment changes that correspond to
790	continuation of current programs with workload changes; program
791	improvement; program reduction or elimination; initiation of new
792	programs; and any other information that may be needed by the
793	Legislature.  For public schools, the conference shall submit
794	its full-time equivalent student consensus estimate to the
795	Legislature no later than 1 month after the start of the regular
796	session of the Legislature. No conference estimate may be
797	changed without the agreement of the full conference.
798	(b)  Adjustments.--No later than 2 months prior to the
799	start of the regular session of the Legislature, the conference
800	shall forward to each eligible postsecondary education
801	institution its initial projections of the number of students
802	qualified for state financial aid programs and the appropriation
803	required to fund those students at the full award amount. Each
804	postsecondary education institution may request, in writing,
805	adjustments to the initial projection. Any adjustment request
806	must be submitted to the conference no later than 1 month prior
807	to the start of the regular session of the Legislature and shall
808	be considered by the principals of the conference. For any
809	adjustment so requested, the postsecondary education institution
810	shall indicate and explain, using definitions adopted by the
811	conference, the components of anticipated changes that
812	correspond to continuation of current programs with enrollment
813	changes, program reduction or elimination, initiation of new
814	programs, award amount increases or decreases, and any other
815	information that is considered by the conference. The conference
816	shall submit its consensus estimate to the Legislature no later
817	than 1 month after the start of the regular session of the
818	Legislature. No conference estimate may be changed without the
819	agreement of the full conference.
820	(c)  Principals.--The Commissioner of Education, the
821	Executive Office of the Governor, the coordinator of the Office
822	of Economic and Demographic Research, and professional staff of
823	the Senate and House of Representatives who have forecasting
824	expertise, or their designees, are the principals of the
825	Education Estimating Conference. The Commissioner of Education
826	or his or her designee shall preside over sessions of the
827	conference.
828	(5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
829	(a)  Duties.--The Criminal Justice Estimating Conference
830	shall:
831	(a)1.  Develop such official information relating to the
832	criminal justice system, including forecasts of prison
833	admissions and population and of supervised felony offender
834	admissions and population, as the conference determines is
835	needed for the state planning and budgeting system.
836	(b)2.  Develop such official information relating to the
837	number of eligible discharges and the projected number of civil
838	commitments for determining space needs pursuant to the civil
839	proceedings provided under part V of chapter 394.
840	(c)3.  Develop official information relating to the number
841	of sexual offenders and sexual predators who are required by law
842	to be placed on community control, probation, or conditional
843	release who are subject to electronic monitoring. In addition,
844	the Office of Economic and Demographic Research shall study the
845	factors relating to the sentencing of sex offenders from the
846	point of arrest through the imposition of sanctions by the
847	sentencing court, including original charges, plea negotiations,
848	trial dispositions, and sanctions. The Department of
849	Corrections, the Office of the State Courts Administrator, the
850	Florida Department of Law Enforcement, and the state attorneys
851	shall provide information deemed necessary for the study. The
852	final report shall be provided to the President of the Senate
853	and the Speaker of the House of Representatives by March 1,
854	2006.
855	(b)  Principals.--The Executive Office of the Governor, the
856	coordinator of the Office of Economic and Demographic Research,
857	and professional staff, who have forecasting expertise, from the
858	Senate, the House of Representatives, and the Supreme Court, or
859	their designees, are the principals of the Criminal Justice
860	Estimating Conference.  The principal representing the Executive
861	Office of the Governor shall preside over sessions of the
862	conference.
863	(6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--
864	(a)  Duties.--
865	(a)1.  The Social Services Estimating Conference shall
866	develop such official information relating to the social
867	services system of the state, including forecasts of social
868	services caseloads, utilization, and expenditures, as the
869	conference determines is needed for the state planning and
870	budgeting system.  Such official information shall include, but
871	not be limited to, cash assistance and Medicaid caseloads.
872	(b)2.  The Social Services Estimating Conference shall
873	develop information relating to the Florida Kidcare program,
874	including, but not limited to, outreach impacts, enrollment,
875	caseload, utilization, and expenditure information that the
876	conference determines is needed to plan for and project future
877	budgets and the drawdown of federal matching funds. The agencies
878	required to collect and analyze Florida Kidcare program data
879	under s. 409.8134 shall be participants in the Social Services
880	Estimating Conference for purposes of developing information
881	relating to the Florida Kidcare program.
882	(b)  Principals.--The Executive Office of the Governor, the
883	coordinator of the Office of Economic and Demographic Research,
884	professional staff who have forecasting expertise from the
885	Department of Children and Family Services, the Agency for
886	Health Care Administration, the Senate, and the House of
887	Representatives, or their designees, are the principals of the
888	Social Services Estimating Conference.  The principal
889	representing the Executive Office of the Governor shall preside
890	over sessions of the conference.
891	(7)  WORKFORCE ESTIMATING CONFERENCE.--
892	(a)  Duties.--
893	(a)1.  The Workforce Estimating Conference shall develop
894	such official information on the workforce development system
895	planning process as it relates to the personnel needs of
896	current, new, and emerging industries as the conference
897	determines is needed by the state planning and budgeting system.
898	Such information, using quantitative and qualitative research
899	methods, must include at least: short-term and long-term
900	forecasts of employment demand for jobs by occupation and
901	industry; entry and average wage forecasts among those
902	occupations; and estimates of the supply of trained and
903	qualified individuals available or potentially available for
904	employment in those occupations, with special focus upon those
905	occupations and industries which require high skills and have
906	high entry wages and experienced wage levels. In the development
907	of workforce estimates, the conference shall use, to the fullest
908	extent possible, local occupational and workforce forecasts and
909	estimates.
910	(b)2.  The Workforce Estimating Conference shall review
911	data concerning the local and regional demands for short-term
912	and long-term employment in High-Skills/High-Wage Program jobs,
913	as well as other jobs, which data is generated through surveys
914	conducted as part of the state's Internet-based job matching and
915	labor market information system authorized under s. 445.011. The
916	conference shall consider such data in developing its forecasts
917	for statewide employment demand, including reviewing the local
918	and regional data for common trends and conditions among
919	localities or regions which may warrant inclusion of a
920	particular occupation on the statewide occupational forecasting
921	list developed by the conference. Based upon its review of such
922	survey data, the conference shall also make recommendations
923	semiannually to Workforce Florida, Inc., on additions or
924	deletions to lists of locally targeted occupations approved by
925	Workforce Florida, Inc.
926	3.  During each legislative session, and at other times if
927	necessary, the Workforce Estimating Conference shall meet as the
928	Workforce Impact Conference for the purpose of determining the
929	effects of legislation related to the state's workforce and
930	economic development efforts introduced prior to and during such
931	legislative session. In addition to the designated principals of
932	the impact conference, nonprincipal participants of the impact
933	conference shall include a representative of the Florida Chamber
934	of Commerce and other interested parties. The impact conference
935	shall use both quantitative and qualitative research methods to
936	determine the impact of introduced legislation related to
937	workforce and economic development issues.
938	(c)4.  Notwithstanding subparagraph 3., The Workforce
939	Estimating Conference, for the purposes described in paragraph
940	(a) subparagraph 1., shall meet no less than 2 times in a
941	calendar year. The first meeting shall be held in February, and
942	the second meeting shall be held in August. Other meetings may
943	be scheduled as needed.
944	(b)  Principals.--The Commissioner of Education, the
945	Executive Office of the Governor, the director of the Office of
946	Tourism, Trade, and Economic Development, the director of the
947	Agency for Workforce Innovation, the executive director of the
948	Commission for Independent Education, the Chancellor of the
949	State University System, the chair of Workforce Florida, Inc.,
950	the coordinator of the Office of Economic and Demographic
951	Research, or their designees, and professional staff from the
952	Senate and the House of Representatives who have forecasting and
953	substantive expertise, are the principals of the Workforce
954	Estimating Conference. In addition to the designated principals
955	of the conference, nonprincipal participants of the conference
956	shall include a representative of the Florida Chamber of
957	Commerce and other interested parties. The principal
958	representing the Executive Office of the Governor shall preside
959	over the sessions of the conference.
960	(8)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
961	(a)  Duties.--
962	(a)1.  The Early Learning Programs Estimating Conference
963	shall develop estimates and forecasts of the unduplicated count
964	of children eligible for school readiness programs in accordance
965	with the standards of eligibility established in s. 411.01(6),
966	and of children eligible for the Voluntary Prekindergarten
967	Education Program in accordance with s. 1002.53(2), as the
968	conference determines are needed to support the state planning,
969	budgeting, and appropriations processes.
970	(b)2.  The Agency for Workforce Innovation shall provide
971	information on needs and waiting lists for school readiness
972	programs, and information on the needs for the Voluntary
973	Prekindergarten Education Program, as requested by the Early
974	Learning Programs Estimating Conference or individual conference
975	principals in a timely manner.
976	(b)  Principals.--The Executive Office of the Governor, the
977	Director of Economic and Demographic Research, and professional
978	staff who have forecasting expertise from the Agency for
979	Workforce Innovation, the Department of Children and Family
980	Services, the Department of Education, the Senate, and the House
981	of Representatives, or their designees, are the principals of
982	the Early Learning Programs Estimating Conference. The principal
983	representing the Executive Office of the Governor shall preside
984	over sessions of the conference.
985	(9)  SELF-INSURANCE ESTIMATING CONFERENCE.--
986	(a)  Duties.--The Self-Insurance Estimating Conference
987	shall develop such official information on self-insurance
988	related issues as the conference determines is needed by the
989	state planning and budgeting system.
990	(b)  Principals.--The Executive Office of the Governor, the
991	coordinator of the Office of Economic and Demographic Research,
992	and professional staff of the Senate and the House of
993	Representatives who have forecasting and substantive experience,
994	or their designees, are the principals of the Self-Insurance
995	Estimating Conference. The responsibility of presiding over
996	sessions of the conference shall be rotated among the
997	principals.
998	(10)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
999	CONFERENCE.--
1000	(a)  Duties.--The Florida Retirement System Actuarial
1001	Assumption Conference shall develop official information with
1002	respect to the economic and noneconomic assumptions and funding
1003	methods of the Florida Retirement System necessary to perform
1004	the system actuarial study undertaken pursuant to s. 121.031(3).
1005	Such information shall include: an analysis of the actuarial
1006	assumptions and actuarial methods used in the study and a
1007	determination of whether changes to the assumptions or methods
1008	need to be made due to experience changes or revised future
1009	forecasts.
1010	(b)  Principals.--The Executive Office of the Governor, the
1011	coordinator of the Office of Economic and Demographic Research,
1012	and professional staff of the Senate and House of
1013	Representatives who have forecasting and substantive expertise,
1014	or their designees, are the principals of the Florida Retirement
1015	System Actuarial Assumption Conference. The Executive Office of
1016	the Governor shall have the responsibility of presiding over the
1017	sessions of the conference. The State Board of Administration
1018	and the Division of Retirement shall be participants in the
1019	conference.
1020	Section 16.  Paragraph (a) of subsection (2) of section
1021	216.177, Florida Statutes, is amended to read:
1022	216.177  Appropriations acts, statement of intent,
1023	violation, notice, review and objection procedures.--
1024	(2)(a)  Whenever notice of action to be taken by the
1025	Executive Office of the Governor or the Chief Justice of the
1026	Supreme Court is required by law this chapter, such notice shall
1027	be given to the chair and vice chair of the Legislative Budget
1028	Commission in writing, and shall be delivered at least 14 days
1029	prior to the action referred to, unless a shorter period is
1030	approved in writing by the chair and vice chair or a different
1031	period is specified by law. If the action is solely for the
1032	release of funds appropriated by the Legislature, the notice
1033	shall be delivered at least 3 days before the effective date of
1034	the action. Action shall not be taken on any budget item for
1035	which this chapter requires notice to the Legislative Budget
1036	Commission or the appropriations committees without such notice
1037	having been provided, even though there may be good cause for
1038	considering such item.
1039	Section 17.  Subsections (3), (5), and (6), paragraph (a)
1040	of subsection (8), paragraph (a) of subsection (10), and
1041	subsection (11) of section 216.181, Florida Statutes, are
1042	amended to read:
1043	216.181  Approved budgets for operations and fixed capital
1044	outlay.--
1045	(3)  All amendments to original approved operating budgets,
1046	regardless of funding source, are subject to the notice and
1047	objection review procedures set forth in s. 216.177.
1048	(5)  An amendment to the original operating budget for an
1049	information technology project or initiative that involves more
1050	than one agency, has an outcome that impacts another agency, or
1051	exceeds $500,000 in total cost over a 1-year period, except for
1052	those projects that are a continuation of hardware or software
1053	maintenance or software licensing agreements, or that are for
1054	desktop replacement that is similar to the technology currently
1055	in use must be reviewed by the Technology Review Workgroup
1056	pursuant to s. 216.0446 and approved by the Executive Office of
1057	the Governor for the executive branch or by the Chief Justice
1058	for the judicial branch, and shall be subject to the notice and
1059	objection review procedures set forth in s. 216.177.
1060	(6)(a)  A detailed plan allocating a lump-sum appropriation
1061	to traditional appropriations categories shall be submitted by
1062	the affected agency to the Executive Office of the Governor or
1063	the Chief Justice of the Supreme Court. The Executive Office of
1064	the Governor and the Chief Justice of the Supreme Court shall
1065	submit such plan to the chair and vice chair of the Legislative
1066	Budget Commission either before or concurrent with the
1067	submission of any budget amendment that recommends the transfer
1068	and release of may require the submission of a detailed plan
1069	from the agency or entity of the judicial branch affected,
1070	consistent with the General Appropriations Act, special
1071	appropriations acts, and statements of intent before
1072	transferring and releasing the balance of a lump-sum
1073	appropriation.
1074	(b)  The Executive Office of the Governor and the Chief
1075	Justice of the Supreme Court may amend, without approval of the
1076	Legislative Budget Commission, state agency and judicial branch
1077	entity budgets, respectively, to reflect the transferred funds
1078	and to provide the associated increased salary rate based on the
1079	approved plans for lump-sum appropriations. Any action proposed
1080	pursuant to this paragraph is subject to the procedures set
1081	forth in s. 216.177.
1082
1083	The Executive Office of the Governor shall transmit to each
1084	state agency and the Chief Financial Officer, and the Chief
1085	Justice shall transmit to each judicial branch component and the
1086	Chief Financial Officer, any approved amendments to the approved
1087	operating budgets.
1088	(8)  As part of the approved operating budget, the
1089	Executive Office of the Governor shall furnish to each state
1090	agency, and the Chief Justice of the Supreme Court shall furnish
1091	to the entity of the judicial branch, an approved annual salary
1092	rate for each budget entity containing a salary appropriation.
1093	This rate shall be based upon the actual salary rate and shall
1094	be consistent with the General Appropriations Act or special
1095	appropriations acts. The annual salary rate shall be:
1096	(a)  Determined by the salary rate specified in the General
1097	Appropriations Act and adjusted for reorganizations authorized
1098	by law, for any other appropriations made by law, and, subject
1099	to s. 216.177, for distributions of lump-sum appropriations and
1100	administered funds and for actions that require authorization of
1101	salary rate from salary rate reserve and placement of salary
1102	rate in salary rate reserve.
1103	(10)(a)  The Legislative Budget Commission may authorize
1104	increases or decreases in the approved salary rate, except as
1105	authorized in s. 216.181(8)(a), for positions pursuant to the
1106	request of the agency filed with the Executive Office of the
1107	Governor or pursuant to the request of an entity of the judicial
1108	branch filed with the Chief Justice of the Supreme Court, if
1109	deemed necessary and in the best interest of the state and
1110	consistent with legislative policy and intent.
1111	(11)  The Executive Office of the Governor and the Chief
1112	Justice of the Supreme Court may approve changes in the amounts
1113	appropriated from state trust funds in excess of those in the
1114	approved operating budget up to $1 million only pursuant to the
1115	federal funds provisions of s. 216.212, when grants and
1116	donations are received after April 1, or when deemed necessary
1117	due to a set of conditions that were unforeseen at the time the
1118	General Appropriations Act was adopted and that are essential to
1119	correct in order to continue the operation of government.
1120	Changes in the amounts appropriated from state trust funds in
1121	excess of those in the approved operating budget which are in
1122	excess of $1 million may be approved only by the Legislative
1123	Budget Commission pursuant to the request of a state agency
1124	filed with the Executive Office of the Governor or pursuant to
1125	the request of an entity of the judicial branch filed with the
1126	Chief Justice of the Supreme Court. The provisions of this
1127	subsection are subject to the notice, review, and objection
1128	procedures set forth in s. 216.177.
1129	Section 18.  Section 216.1811, Florida Statutes, is created
1130	to read:
1131	216.1811  Approved operating budgets and appropriations for
1132	the legislative branch.--
1133	(1)  The Governor and the Chief Financial Officer shall
1134	each make changes to the original approved operating budgets for
1135	operational and fixed capital expenditures relating to the
1136	legislative branch as directed by the presiding officers of the
1137	legislative branch.
1138	(2)  The Governor and the Chief Financial Officer shall
1139	each ensure that any balances of appropriations made to the
1140	legislative branch are carried forward as directed by the
1141	presiding officers of the legislative branch.
1142	Section 19.  Paragraph (e) of subsection (2) of section
1143	216.1815, Florida Statutes, is amended to read:
1144	216.1815  Agency incentive and savings program.--
1145	(2)  To be eligible to retain funds, an agency or the Chief
1146	Justice of the Supreme Court must submit a plan and an
1147	associated request to amend its approved operating budget to the
1148	Legislative Budget Commission specifying:
1149	(e)  How the agency or the judicial branch will meet
1150	performance standards, including established by the Legislature
1151	and those in its long-range program plan; and
1152	Section 20.  Section 216.1827, Florida Statutes, is created
1153	to read:
1154	216.1827  Requirements for performance measures and
1155	standards.--
1156	(1)  Agencies and the judicial branch shall maintain a
1157	comprehensive performance accountability system containing, at a
1158	minimum, a list of performance measures and standards that are
1159	adopted by the Legislature and subsequently amended pursuant to
1160	this section.
1161	(2)(a)  Agencies and the judicial branch shall submit
1162	output and outcome measures and standards as well as historical
1163	baseline and performance data pursuant to s. 216.013.
1164	(b)  Agencies and the judicial branch shall also submit
1165	performance data, measures, and standards to the Office of
1166	Program Policy Analysis and Government Accountability upon
1167	request for review of the adequacy of the legislatively approved
1168	measures and standards.
1169	(3)(a)  An agency may submit requests to delete or amend
1170	its existing approved performance measures and standards or
1171	submit requests to create additional performance measures and
1172	standards to the Executive Office of the Governor for review and
1173	approval. The request shall document the justification for the
1174	change and ensure that the revision, deletion, or addition is
1175	consistent with legislative intent. Revisions or deletions to or
1176	additions of performance measures and standards approved by the
1177	Executive Office of the Governor are subject to the review and
1178	objection procedure set forth in s. 216.177.
1179	(b)  The Chief Justice of the Supreme Court may submit
1180	deletions or amendments of the judicial branch's existing
1181	approved performance measures and standards or may submit
1182	additional performance measures and standards to the Legislature
1183	accompanied with justification for the change and ensure that
1184	the revision, deletion, or addition is consistent with
1185	legislative intent. Revisions or deletions to or additions of
1186	performance measures and standards submitted by the Chief
1187	Justice of the Supreme Court are subject to the review and
1188	objection procedure set forth in s. 216.177.
1189	(4)(a)  The Legislature may create, amend, and delete
1190	performance measures and standards. The Legislature may confer
1191	with the Executive Office of the Governor for state agencies and
1192	the Chief Justice of the Supreme Court for the judicial branch
1193	prior to any such action.
1194	(b)  The Legislature may require state agencies to submit
1195	requests for revisions, additions, or deletions to approved
1196	performance measures and standards to the Executive Office of
1197	the Governor for review and approval, subject to the review and
1198	objection procedure set forth in s. 216.177.
1199	(c)  The Legislature may require the judicial branch to
1200	submit revisions, additions, or deletions to approved
1201	performance measures and standards to the Legislature, subject
1202	to the review and objection procedure set forth in s. 216.177.
1203	(d)  Any new agency created by the Legislature is subject
1204	to the initial performance measures and standards established by
1205	the Legislature. The Legislature may require state agencies and
1206	the judicial branch to provide any information necessary to
1207	create initial performance measures and standards.
1208	Section 21.  Subsection (3) is added to section 216.251,
1209	Florida Statutes, to read:
1210	216.251  Salary appropriations; limitations.--
1211	(3)  An agency may not provide general salary increases or
1212	pay additives for a cohort of positions sharing the same job
1213	classification or job occupations which the Legislature has not
1214	authorized in the General Appropriations Act or other laws.
1215	Section 22.  Subsection (3), paragraph (b) of subsection
1216	(4), and subsection (5) of section 216.292, Florida Statutes,
1217	are amended, and subsection (7) is added to that section, to
1218	read:
1219	216.292  Appropriations nontransferable; exceptions.--
1220	(3)  The following transfers are authorized with the
1221	approval of the Executive Office of the Governor for the
1222	executive branch or the Chief Justice for the judicial branch,
1223	subject to the notice and objection review provisions of s.
1224	216.177:
1225	(a)  The transfer of appropriations for operations from
1226	trust funds in excess of those provided in subsection (2), up to
1227	$1 million.
1228	(b)  The transfer of positions between budget entities.
1229	(4)  The following transfers are authorized with the
1230	approval of the Legislative Budget Commission. Unless waived by
1231	the chair and vice chair of the commission, notice of such
1232	transfers must be provided 14 days before the commission
1233	meeting:
1234	(b)  The transfer of appropriations for operations from
1235	trust funds in excess of those authorized provided in subsection
1236	(2) or subsection (3) this section that exceed the greater of 5
1237	percent of the original approved budget or $1 million, as
1238	recommended by the Executive Office of the Governor or the Chief
1239	Justice of the Supreme Court.
1240	(5)  A transfer of funds may not result in the initiation
1241	of a fixed capital outlay project that has not received a
1242	specific legislative appropriation, except that federal funds
1243	for fixed capital outlay projects for the Department of Military
1244	Affairs, which do not carry a continuing commitment on future
1245	appropriations by the Legislature, may be approved by the
1246	Executive Office of the Governor for the purpose received,
1247	subject to the notice, review, and objection procedures set
1248	forth in s. 216.177.
1249	(7)  The provisions of this section do not apply to the
1250	budgets for the legislative branch.
1251	Section 23.  Subsections (1) and (3) and paragraph (a) of
1252	subsection (2) of section 216.301, Florida Statutes, as amended
1253	by section 40 of chapter 2005-152, Laws of Florida, are amended
1254	to read:
1255	216.301  Appropriations; undisbursed balances.--
1256	(1)(a)  As of June 30th of each year, for appropriations
1257	for operations only, each department and the judicial branch
1258	shall identify in the state's financial system any incurred
1259	obligation which has not been disbursed, showing in detail the
1260	commitment or to whom obligated and the amounts of such
1261	commitments or obligations. Any appropriation not identified as
1262	an incurred obligation effective June 30th shall revert to the
1263	fund from which it was appropriated and shall be available for
1264	reappropriation by the Legislature.
1265	(b)  The undisbursed release balance of any authorized
1266	appropriation, except an appropriation for fixed capital outlay,
1267	for any given fiscal year remaining on June 30 of the fiscal
1268	year shall be carried forward in an amount equal to the incurred
1269	obligations identified in paragraph (a). Any such incurred
1270	obligations remaining undisbursed on September 30 shall revert
1271	to the fund from which appropriated and shall be available for
1272	reappropriation by the Legislature. The Chief Financial Officer
1273	will monitor changes made to incurred obligations prior to the
1274	September 30 reversion to ensure generally accepted accounting
1275	principles and legislative intent are followed.
1276	(c)  In the event an appropriate identification of an
1277	incurred obligation is not made and an incurred obligation is
1278	proven to be legal, due, and unpaid, then the incurred
1279	obligation shall be paid and charged to the appropriation for
1280	the current fiscal year of the state agency or the legislative
1281	or judicial branch affected.
1282	(1)(a)  Any balance of any appropriation, except an
1283	appropriation for fixed capital outlay, which is not disbursed
1284	but which is expended shall, at the end of each fiscal year, be
1285	certified by the head of the affected state agency or the
1286	judicial or legislative branches, on or before August 1 of each
1287	year, to the Executive Office of the Governor, showing in detail
1288	the obligees to whom obligated and the amounts of such
1289	obligations. Any such encumbered balance remaining undisbursed
1290	on September 30 of the same calendar year in which such
1291	certification was made shall revert to the fund from which
1292	appropriated, except as provided in subsection (3), and shall be
1293	available for reappropriation by the Legislature. In the event
1294	such certification is not made and an obligation is proven to be
1295	legal, due, and unpaid, then the obligation shall be paid and
1296	charged to the appropriation for the current fiscal year of the
1297	state agency or the legislative or judicial branch affected.
1298	(b)  Any balance of any appropriation, except an
1299	appropriation for fixed capital outlay, for any given fiscal
1300	year remaining after charging against it any lawful expenditure
1301	shall revert to the fund from which appropriated and shall be
1302	available for reappropriation by the Legislature.
1303	(d)(c)  Each department and the judicial branch shall
1304	maintain the integrity of the General Revenue Fund.
1305	Appropriations from the General Revenue Fund contained in the
1306	original approved budget may be transferred to the proper trust
1307	fund for disbursement. Any reversion of appropriation balances
1308	from programs which receive funding from the General Revenue
1309	Fund and trust funds shall be transferred to the General Revenue
1310	Fund within 15 days after such reversion, unless otherwise
1311	provided by federal or state law, including the General
1312	Appropriations Act. The Executive Office of the Governor or the
1313	Chief Justice of the Supreme Court shall determine the state
1314	agency or judicial branch programs which are subject to this
1315	paragraph. This determination shall be subject to the
1316	legislative consultation and objection process in this chapter.
1317	The Education Enhancement Trust Fund shall not be subject to the
1318	provisions of this section.
1319	(2)(a)  The balance of any appropriation for fixed capital
1320	outlay which is not disbursed but expended, contracted, or
1321	committed to be expended prior to February 1 of the second
1322	fiscal year of the appropriation, or the third fiscal year if it
1323	is for an educational facility as defined in chapter 1013 or for
1324	a construction project of a state university, shall be certified
1325	by the head of the affected state agency or the legislative or
1326	judicial branch on February 1 to the Executive Office of the
1327	Governor, showing in detail the commitment or to whom obligated
1328	and the amount of the commitment or obligation. The Executive
1329	Office of the Governor for the executive branch and the Chief
1330	Justice for the judicial branch shall review and approve or
1331	disapprove, consistent with criteria jointly developed by the
1332	Executive Office of the Governor and the legislative
1333	appropriations committees, the continuation of such unexpended
1334	balances. The Executive Office of the Governor shall, no later
1335	than February 28 20 of each year, furnish the Chief Financial
1336	Officer, the legislative appropriations committees, and the
1337	Auditor General a report listing in detail the items and amounts
1338	reverting under the authority of this subsection, including the
1339	fund to which reverted and the agency affected.
1340	(3)  The President of the Senate and the Speaker of the
1341	House of Representatives may notify the Executive Office of the
1342	Governor to retain certified forward balances from legislative
1343	budget entities until June 30 of the following fiscal year.
1344	Section 24.  Subsection (2) of section 252.37, Florida
1345	Statutes, is amended to read:
1346	252.37  Financing.--
1347	(2)  It is the legislative intent that the first recourse
1348	be made to funds regularly appropriated to state and local
1349	agencies. If the Governor finds that the demands placed upon
1350	these funds in coping with a particular disaster declared by the
1351	Governor as a state of emergency are unreasonably great, she or
1352	he may make funds available by transferring and expending moneys
1353	appropriated for other purposes, by transferring and expending
1354	moneys out of any unappropriated surplus funds, or from the
1355	Budget Stabilization Fund. Following the expiration or
1356	termination of the state of emergency, the Governor may transfer
1357	moneys with a budget amendment, subject to approval by the
1358	Legislative Budget Commission, process a budget amendment under
1359	the notice and review procedures set forth in s. 216.177 to
1360	transfer moneys to satisfy the budget authority granted for such
1361	emergency.
1362	Section 25.  Section 273.02, Florida Statutes, is amended
1363	to read:
1364	273.02  Record and inventory of certain property.--The word
1365	"property" as used in this section means equipment, fixtures,
1366	and other tangible personal property of a nonconsumable and
1367	nonexpendable nature. The Chief Financial Officer shall
1368	establish by rule the requirements for the recording of property
1369	in the state's financial systems and for the periodic review of
1370	property for inventory purposes., the value or cost of which is
1371	$1,000 or more and the normal expected life of which is 1 year
1372	or more, and hardback-covered bound books that are circulated to
1373	students or the general public, the value or cost of which is
1374	$25 or more, and hardback-covered bound books, the value or cost
1375	of which is $250 or more. Each item of property which it is
1376	practicable to identify by marking shall be marked in the manner
1377	required by the Auditor General. Each custodian shall maintain
1378	an adequate record of property in his or her custody, which
1379	record shall contain such information as shall be required by
1380	the Auditor General. Once each year, on July 1 or as soon
1381	thereafter as is practicable, and whenever there is a change of
1382	custodian, each custodian shall take an inventory of property in
1383	his or her custody. The inventory shall be compared with the
1384	property record, and all discrepancies shall be traced and
1385	reconciled. All publicly supported libraries shall be exempt
1386	from marking hardback-covered bound books, as required by this
1387	section. The catalog and inventory control records maintained by
1388	each publicly supported library shall constitute the property
1389	record of hardback-covered bound books with a value or cost of
1390	$25 or more included in each publicly supported library
1391	collection and shall serve as a perpetual inventory in lieu of
1392	an annual physical inventory. All books identified by these
1393	records as missing shall be traced and reconciled, and the
1394	library inventory shall be adjusted accordingly.
1395	Section 26.  Section 273.025, Florida Statutes, is created
1396	to read:
1397	273.025  Financial reporting for recorded property.--The
1398	Chief Financial Officer shall establish by rule the requirements
1399	for the capitalization of property that has been recorded in the
1400	state's financial systems.
1401	Section 27.  Subsections (2) and (5) of section 273.055,
1402	Florida Statutes, are amended to read:
1403	273.055  Disposition of state-owned tangible personal
1404	property.--
1405	(2)  Custodians shall maintain records to identify each
1406	property item as to disposition. Such records shall comply with
1407	rules issued by the Chief Financial Officer Auditor General.
1408	(5)  All moneys received from the disposition of state-
1409	owned tangible personal property or from any agreement entered
1410	into under this chapter must be retained by the custodian and
1411	may be disbursed for the acquisition of exchange and surplus
1412	property and for all necessary operating expenditures, and are
1413	appropriated for those purposes. The custodian shall maintain
1414	records of the accounts into which the money is deposited.
1415	Section 28.  Section 274.02, Florida Statutes, is amended
1416	to read:
1417	274.02  Record and inventory of certain property.--
1418	(1)  The word "property" as used in this section means
1419	fixtures and other tangible personal property of a nonconsumable
1420	nature the value of which is $1,000 or more and the normal
1421	expected life of which is 1 year or more.
1422	(2)  The Chief Financial Officer shall establish by rule
1423	the requirements for the recording of property and for the
1424	periodic review of property for inventory purposes. Each item of
1425	property which it is practicable to identify by marking shall be
1426	marked in the manner required by the Auditor General. Each
1427	governmental unit shall maintain an adequate record of its
1428	property, which record shall contain such information as shall
1429	be required by the Auditor General. Each governmental unit shall
1430	take an inventory of its property in the custody of a custodian
1431	whenever there is a change in such custodian. A complete
1432	physical inventory of all property shall be taken annually, and
1433	the date inventoried shall be entered on the property record.
1434	The inventory shall be compared with the property record, and
1435	all discrepancies shall be traced and reconciled.
1436	Section 29.  Paragraph (b) of subsection (3) of section
1437	338.2216, Florida Statutes, is amended to read:
1438	338.2216  Florida Turnpike Enterprise; powers and
1439	authority.--
1440	(3)
1441	(b)  Notwithstanding the provisions of s. 216.301 to the
1442	contrary and in accordance with s. 216.351, the Executive Office
1443	of the Governor shall, on July 1 of each year, certify forward
1444	all unexpended funds appropriated or provided pursuant to this
1445	section for the turnpike enterprise. Of the unexpended funds
1446	certified forward, any unencumbered amounts shall be carried
1447	forward. Such funds carried forward shall not exceed 5 percent
1448	of the original approved total operating budget as defined in s.
1449	216.181(1) of the turnpike enterprise. Funds carried forward
1450	pursuant to this section may be used for any lawful purpose,
1451	including, but not limited to, promotional and market
1452	activities, technology, and training. Any certified forward
1453	funds remaining undisbursed on September 30 December 31 of each
1454	year shall be carried forward.
1455	Section 30.  Subsection (4) of section 1011.57, Florida
1456	Statutes, is amended to read:
1457	1011.57  Florida School for the Deaf and the Blind; board
1458	of trustees; management flexibility.--
1459	(4)  Notwithstanding the provisions of s. 216.301 to the
1460	contrary, the Executive Office of the Governor shall, on July 1
1461	of each year, certify forward all unexpended funds appropriated
1462	for the Florida School for the Deaf and the Blind. The
1463	unexpended amounts in any fund shall be carried forward and
1464	included as the balance forward for that fund in the approved
1465	operating budget for the following year.
1466	Section 31.  Section 215.29, Florida Statutes, is repealed.
1467	Section 32.  Except as otherwise expressly provided in this
1468	act, this act shall take effect July 1, 2006.

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