Florida Senate - 2011                                     SB 550
       By Senator Hays
       20-00774-11                                            2011550__
    1                        A bill to be entitled                      
    2         An act relating to repealing budget provisions;
    3         amending s. 216.023, F.S.; deleting certain budget
    4         summary requirements; repealing s. 339.1371, F.S.,
    5         relating to Mobility 2000 funding; amending ss.
    6         216.013 and 489.145, F.S.; conforming cross
    7         references; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (4) of section 216.023, Florida
   12  Statutes, is amended to read:
   13         216.023 Legislative budget requests to be furnished to
   14  Legislature by agencies.—
   15         (4)(a) The legislative budget request must contain for each
   16  program:
   17         (a)1. The constitutional or statutory authority for a
   18  program, a brief purpose statement, and approved program
   19  components.
   20         (b)2. Information on expenditures for 3 fiscal years
   21  (actual prior-year expenditures, current-year estimated
   22  expenditures, and agency budget requested expenditures for the
   23  next fiscal year) by appropriation category.
   24         (c)3. Details on trust funds and fees.
   25         (d)4. The total number of positions (authorized, fixed, and
   26  requested).
   27         (e)5. An issue narrative describing and justifying changes
   28  in amounts and positions requested for current and proposed
   29  programs for the next fiscal year.
   30         (f)6. Information resource requests.
   31         (g)7. Supporting information, including applicable cost
   32  benefit analyses, business case analyses, performance
   33  contracting procedures, service comparisons, and impacts on
   34  performance standards for any request to outsource or privatize
   35  agency functions. The cost-benefit and business case analyses
   36  must include an assessment of the impact on each affected
   37  activity from those identified in accordance with paragraph (b).
   38  Performance standards must include standards for each affected
   39  activity and be expressed in terms of the associated unit of
   40  activity.
   41         (h)8. An evaluation of any major outsourcing and
   42  privatization initiatives undertaken during the last 5 fiscal
   43  years having aggregate expenditures exceeding $10 million during
   44  the term of the contract. The evaluation shall include an
   45  assessment of contractor performance, a comparison of
   46  anticipated service levels to actual service levels, and a
   47  comparison of estimated savings to actual savings achieved.
   48  Consolidated reports issued by the Department of Management
   49  Services may be used to satisfy this requirement.
   50         (i)9. Supporting information for any proposed consolidated
   51  financing of deferred-payment commodity contracts including
   52  guaranteed energy performance savings contracts. Supporting
   53  information must also include narrative describing and
   54  justifying the need, baseline for current costs, estimated cost
   55  savings, projected equipment purchases, estimated contract
   56  costs, and return on investment calculation.
   57         (j)10. For projects that exceed $10 million in total cost,
   58  the statutory reference of the existing policy or the proposed
   59  substantive policy that establishes and defines the project’s
   60  governance structure, planned scope, main business objectives
   61  that must be achieved, and estimated completion timeframes.
   62  Information technology budget requests for the continuance of
   63  existing hardware and software maintenance agreements, renewal
   64  of existing software licensing agreements, or the replacement of
   65  desktop units with new technology that is similar to the
   66  technology currently in use are exempt from this requirement.
   67         (b) It is the intent of the Legislature that total
   68  accountability measures, including unit-cost data, serve not
   69  only as a budgeting tool but also as a policymaking tool and an
   70  accountability tool. Therefore, each state agency and the
   71  judicial branch must submit a summary of information for the
   72  preceding year in accordance with the legislative budget
   73  instructions. Each summary must provide a one-page overview and
   74  must contain:
   75         1. The final budget for the agency and the judicial branch.
   76         2. Total funds from the General Appropriations Act.
   77         3. Adjustments to the General Appropriations Act.
   78         4. The line-item listings of all activities.
   79         5. The number of activity units performed or accomplished.
   80         6. Total expenditures for each activity, including amounts
   81  paid to contractors and subordinate entities. Expenditures
   82  related to administrative activities not aligned with output
   83  measures must consistently be allocated to activities with
   84  output measures prior to computing unit costs.
   85         7. The cost per unit for each activity, including the costs
   86  allocated to contractors and subordinate entities.
   87         8. The total amount of reversions and pass-through
   88  expenditures omitted from unit-cost calculations.
   90  At the regular session immediately following the submission of
   91  the agency unit cost summary, the Legislature shall reduce in
   92  the General Appropriations Act for the ensuing fiscal year, by
   93  an amount equal to at least 10 percent of the allocation for the
   94  fiscal year preceding the current fiscal year, the funding of
   95  each state agency that fails to submit the report required under
   96  this paragraph.
   97         Section 2. Section 339.1371, Florida Statutes, is repealed.
   98         Section 3. Paragraph (h) of subsection (1) of section
   99  216.013, Florida Statutes, is amended to read:
  100         216.013 Long-range program plan.—State agencies and the
  101  judicial branch shall develop long-range program plans to
  102  achieve state goals using an interagency planning process that
  103  includes the development of integrated agency program service
  104  outcomes. The plans shall be policy based, priority driven,
  105  accountable, and developed through careful examination and
  106  justification of all agency and judicial branch programs.
  107         (1) Long-range program plans shall provide the framework
  108  for the development of budget requests and shall identify or
  109  update:
  110         (h) Legislatively approved output and outcome performance
  111  measures. Each performance measure must identify the associated
  112  activity contributing to the measure from those identified in
  113  accordance with s. 216.023(4)(b).
  114         Section 4. Paragraph (a) of subsection (6) of section
  115  489.145, Florida Statutes, is amended to read:
  116         489.145 Guaranteed energy, water, and wastewater
  117  performance savings contracting.—
  119  Department of Management Services, with the assistance of the
  120  Office of the Chief Financial Officer, shall, within available
  121  resources, provide technical content assistance to state
  122  agencies contracting for energy, water, and wastewater
  123  efficiency and conservation measures and engage in other
  124  activities considered appropriate by the department for
  125  promoting and facilitating guaranteed energy, water, and
  126  wastewater performance contracting by state agencies. The
  127  Department of Management Services shall review the investment
  128  grade audit for each proposed project and certify that the cost
  129  savings are appropriate and sufficient for the term of the
  130  contract. The Office of the Chief Financial Officer, with the
  131  assistance of the Department of Management Services, shall,
  132  within available resources, develop model contractual and
  133  related documents for use by state agencies. Prior to entering
  134  into a guaranteed energy, water, and wastewater performance
  135  savings contract, any contract or lease for third-party
  136  financing, or any combination of such contracts, a state agency
  137  shall submit such proposed contract or lease to the Office of
  138  the Chief Financial Officer for review and approval. A proposed
  139  contract or lease shall include:
  140         (a) Supporting information required by s. 216.023(4)(i) s.
  141  216.023(4)(a)9. in ss. 287.063(5) and 287.064(11). For contracts
  142  approved under this section, the criteria may, at a minimum,
  143  include the specification of a benchmark cost of capital and
  144  minimum real rate of return on energy, water, or wastewater
  145  savings against which proposals shall be evaluated.
  147  The Office of the Chief Financial Officer shall not approve any
  148  contract submitted under this section from a state agency that
  149  does not meet the requirements of this section.
  150         Section 5. This act shall take effect July 1, 2011.