HB 979

1	A bill to be entitled
2	An act relating to state budgeting and planning; amending
3	s. 216.262, F.S.; providing that the limitation on the
4	total number of authorized positions within a state agency
5	or an entity of the judicial branch does not apply to
6	certain positions within the Department of Health;
7	deleting the exception for requesting additional positions
8	within the Department of Corrections in excess of the
9	number of positions authorized for the 2009-2010 fiscal
10	year; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 216.262, Florida Statutes, is amended
15	to read:
16	216.262  Authorized positions.-
17	(1)(a)  Unless otherwise expressly provided by law, the
18	total number of authorized positions may not exceed the total
19	provided in the appropriations acts. If In the event any state
20	agency or entity of the judicial branch finds that the number of
21	positions so provided is not sufficient to administer its
22	authorized programs, it may file an application with the
23	Executive Office of the Governor or the Chief Justice; and, if
24	the Executive Office of the Governor or Chief Justice certifies
25	that there are no authorized positions available for addition,
26	deletion, or transfer within the agency as provided in paragraph
27	(c) and recommends an increase in the number of positions, the
28	Governor or the Chief Justice may recommend an increase in the
29	number of positions for the following reasons only:
30	1.  To implement or provide for continuing federal grants
31	or changes in grants not previously anticipated.
32	2.  To meet emergencies pursuant to s. 252.36.
33	3.  To satisfy new federal regulations or changes therein.
34	4.  To take advantage of opportunities to reduce operating
35	expenditures or to increase the revenues of the state or local
36	government.
37	5.  To authorize positions that were not fixed by the
38	Legislature through error in drafting the appropriations acts.
39
40	Actions recommended pursuant to this paragraph are subject to
41	approval by the Legislative Budget Commission. The certification
42	and the final authorization shall be provided to the Legislative
43	Budget Commission, the appropriations committees, and the
44	Auditor General.
45	(b)  The Governor and the Chief Justice may, after a public
46	hearing, delete supervisory or managerial positions within a
47	department and establish direct service delivery positions in
48	excess of the number of supervisory or managerial positions
49	deleted. The salary rate for all positions authorized under this
50	paragraph may not exceed the salary rate for all positions
51	deleted under this paragraph. Positions affected by changes made
52	under this paragraph may be funded only from identical funding
53	sources.
54	(c)1.  The Executive Office of the Governor, under such
55	procedures and qualifications as it deems appropriate, shall,
56	upon agency request, delegate to any state agency authority to
57	add and delete authorized positions or transfer authorized
58	positions from one budget entity to another budget entity within
59	the same division, and may approve additions and deletions of
60	authorized positions or transfers of authorized positions within
61	the state agency when such changes would enable the agency to
62	administer more effectively its authorized and approved
63	programs. The additions or deletions must be consistent with the
64	intent of the approved operating budget, must be consistent with
65	legislative policy and intent, and must not conflict with
66	specific spending policies specified in the General
67	Appropriations Act.
68	2.  The Chief Justice of the Supreme Court may shall have
69	the authority to establish procedures for the judicial branch to
70	add and delete authorized positions or transfer authorized
71	positions from one budget entity to another budget entity, and
72	to add and delete authorized positions within the same budget
73	entity, when such changes are consistent with legislative policy
74	and intent and do not conflict with spending policies specified
75	in the General Appropriations Act.
76	(d)  An individual employed by a state agency or by the
77	judicial branch may not hold more than one employment during his
78	or her normal working hours with the state, such working hours
79	to be determined by the head of the state agency affected,
80	unless approved by the Department of Management Services, or
81	otherwise delegated to the agency head, or by the Chief Justice
82	of the Supreme Court, respectively.
83	(e)  An individual employed by a state agency or by the
84	judicial branch may not fill more than a total of one full-time
85	equivalent established position, receive compensation
86	simultaneously from any appropriation other than appropriations
87	for salaries, or receive compensation simultaneously from more
88	than one state agency unless approved by the Department of
89	Management Services, or otherwise delegated to the agency head,
90	or by the Chief Justice, respectively, during each fiscal year.
91	The Department of Management Services may adopt uniform rules
92	applicable to the executive branch agencies to implement its
93	responsibilities under this paragraph.
94	(f)  Perquisites may not be furnished by a state agency or
95	by the judicial branch unless approved by the Department of
96	Management Services, or otherwise delegated to the agency head,
97	or by the Chief Justice, respectively, during each fiscal year.
98	Whenever a state agency or the judicial branch is to furnish
99	perquisites, the Department of Management Services or the agency
100	head to which the approval has been delegated or the Chief
101	Justice, respectively, must approve the kind and monetary value
102	of such perquisites before they may be furnished. Perquisites
103	may be furnished only when in the best interest of the state due
104	to the exceptional or unique requirements of the position. The
105	value of a perquisite may not be used to compute an employee's
106	base rate of pay or regular rate of pay unless required by the
107	Fair Labor Standards Act. Permissible perquisites include, but
108	are not limited to, moving expenses, clothing, use of vehicles
109	and other transportation, domestic services, groundskeeping
110	services, telephone services, medical services, housing,
111	utilities, and meals. The Department of Management Services may
112	adopt uniform rules applicable to the executive branch agencies
113	to implement its responsibilities under this paragraph, which
114	rules may specify additional perquisites, establish additional
115	criteria for each kind of perquisite, provide the procedure to
116	be used by executive agencies in applying for approvals, and
117	establish the required justification. As used in this section,
118	the term "perquisites" means those things, or the use thereof,
119	or services of a kind that confer on the officers or employees
120	receiving them some benefit that is in the nature of additional
121	compensation, or that reduce to some extent the normal personal
122	expenses of the officer or employee receiving them. The term
123	includes, but is not limited to, such things as quarters,
124	subsistence, utilities, laundry services, medical service, use
125	of state-owned vehicles for other than state purposes, and
126	servants paid by the state.
127	(g)  If goods and services are to be sold to officers and
128	employees of a state agency or of the judicial branch rather
129	than being furnished as perquisites, the kind and selling price
130	thereof shall be approved by the Department of Management
131	Services, unless otherwise delegated to the agency head, or by
132	the Chief Justice, respectively, during each fiscal year before
133	such sales are made. The selling price may be deducted from any
134	amounts due by the state to any person receiving such things.
135	The amount of cash so deducted shall be faithfully accounted
136	for. This paragraph does not apply to sales to officers or
137	employees of items generally sold to the public and does not
138	apply to meals that which may be provided without charge to
139	volunteers under a volunteer service program approved by the
140	Department of Management Services. The goods and services may
141	include, but are not limited to, medical services, long-term and
142	short-term rental housing, and laundry and transportation
143	services. The Department of Management Services may adopt
144	uniform rules applicable to the executive branch agencies to
145	implement its responsibilities under this paragraph. These,
146	which rules may specify other items that may be approved, the
147	required justification for proposed sales, and the manner in
148	which agencies will apply for approvals.
149	(2)  The provisions of paragraphs (1)(d) and (e) do not
150	apply to an individual filling a position the salary of which
151	has been specifically fixed or limited by law. Unless
152	specifically authorized by law, an individual filling or
153	performing the duties of a position the salary of which has been
154	specifically fixed or limited by law may not receive
155	compensation from more than one appropriation, or in excess of
156	the amount so fixed or limited by law, regardless of any
157	additional duties performed by that individual in any capacity
158	or position. However, this subsection does not prohibit
159	additional compensation from an educational appropriation to any
160	person holding a position the salary of which is specifically
161	fixed or limited by law, provided such compensation does not
162	exceed payment for more than one course of instruction during
163	any one academic term and that such compensation is approved as
164	provided in paragraphs (1)(d) and (e). Any compensation received
165	by any person pursuant to the provisions of this subsection
166	shall not be computed as a part of average final compensation
167	for retirement purposes under the provisions of chapter 121.
168	(3)  A No full-time position may not shall be filled by
169	more than the equivalent of one full-time officer or
170	except when extenuating circumstances exist.
171	circumstances will be provided for in rules to be
172	Department of Management Services or by the Chief Justice,
173	respectively.
174	(4)  The requirement provided in subsection (1) regarding
175	the limit on the total number of authorized positions does not
176	apply to positions within the Department of Health which are
177	funded by the County Health Department Trust Fund.
178	Notwithstanding the provisions of this chapter on increasing the
179	number of authorized positions, and for the 2009-2010 fiscal
180	year only, if the actual inmate population of the Department of
181	Corrections exceeds the inmate population projections of the
182	April 30, 2009, Criminal Justice Estimating Conference by 1
183	percent for 2 consecutive months or 2 percent for any month, the
184	Executive Office of the Governor, with the approval of the
185	Legislative Budget Commission, shall immediately notify the
186	Criminal Justice Estimating Conference, which shall convene as
187	soon as possible to revise the estimates. The Department of
188	Corrections may then submit a budget amendment requesting the
189	establishment of positions in excess of the number authorized by
190	the Legislature and additional appropriations from unallocated
191	general revenue sufficient to provide for essential staff, fixed
192	capital improvements, and other resources to provide
193	classification, security, food services, health services, and
194	other variable expenses within the institutions to accommodate
195	the estimated increase in the inmate population. All actions
196	taken pursuant to the authority granted in this subsection shall
197	be subject to review and approval by the Legislative Budget
198	Commission. This subsection expires July 1, 2010.
199	Section 2.  This act shall take effect July 1, 2010.

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