HB 4009

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; amending ss. 216.013 and
5	489.145, F.S.; conforming cross-references; providing
6	an effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.  Subsection (4) of section 216.023, Florida
11	Statutes, is amended to read:
12	216.023  Legislative budget requests to be furnished to
13	Legislature by agencies.-
14	(4)(a)  The legislative budget request must contain for
15	each program:
16	(a)1.  The constitutional or statutory authority for a
17	program, a brief purpose statement, and approved program
18	components.
19	(b)2.  Information on expenditures for 3 fiscal years
20	(actual prior-year expenditures, current-year estimated
21	expenditures, and agency budget requested expenditures for the
22	next fiscal year) by appropriation category.
23	(c)3.  Details on trust funds and fees.
24	(d)4.  The total number of positions (authorized, fixed,
25	and requested).
26	(e)5.  An issue narrative describing and justifying changes
27	in amounts and positions requested for current and proposed
28	programs for the next fiscal year.
29	(f)6.  Information resource requests.
30	(g)7.  Supporting information, including applicable cost-
31	benefit analyses, business case analyses, performance
32	contracting procedures, service comparisons, and impacts on
33	performance standards for any request to outsource or privatize
34	agency functions. The cost-benefit and business case analyses
35	must include an assessment of the impact on each affected
36	activity from those identified in accordance with paragraph (b).
37	Performance standards must include standards for each affected
38	activity and be expressed in terms of the associated unit of
39	activity.
40	(h)8.  An evaluation of any major outsourcing and
41	privatization initiatives undertaken during the last 5 fiscal
42	years having aggregate expenditures exceeding $10 million during
43	the term of the contract. The evaluation shall include an
44	assessment of contractor performance, a comparison of
45	anticipated service levels to actual service levels, and a
46	comparison of estimated savings to actual savings achieved.
47	Consolidated reports issued by the Department of Management
48	Services may be used to satisfy this requirement.
49	(i)9.  Supporting information for any proposed consolidated
50	financing of deferred-payment commodity contracts including
51	guaranteed energy performance savings contracts. Supporting
52	information must also include narrative describing and
53	justifying the need, baseline for current costs, estimated cost
54	savings, projected equipment purchases, estimated contract
55	costs, and return on investment calculation.
56	(j)10.  For projects that exceed $10 million in total cost,
57	the statutory reference of the existing policy or the proposed
58	substantive policy that establishes and defines the project's
59	governance structure, planned scope, main business objectives
60	that must be achieved, and estimated completion timeframes.
61	Information technology budget requests for the continuance of
62	existing hardware and software maintenance agreements, renewal
63	of existing software licensing agreements, or the replacement of
64	desktop units with new technology that is similar to the
65	technology currently in use are exempt from this requirement.
66	(b)  It is the intent of the Legislature that total
67	accountability measures, including unit-cost data, serve not
68	only as a budgeting tool but also as a policymaking tool and an
69	accountability tool. Therefore, each state agency and the
70	judicial branch must submit a summary of information for the
71	preceding year in accordance with the legislative budget
72	instructions. Each summary must provide a one-page overview and
73	must contain:
74	1.  The final budget for the agency and the judicial
75	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
86	costs allocated to contractors and subordinate entities.
87	8.  The total amount of reversions and pass-through
88	expenditures omitted from unit-cost calculations.
89
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.  Paragraph (h) of subsection (1) of section
98	216.013, Florida Statutes, is amended to read:
99	216.013  Long-range program plan.-State agencies and the
100	judicial branch shall develop long-range program plans to
101	achieve state goals using an interagency planning process that
102	includes the development of integrated agency program service
103	outcomes. The plans shall be policy based, priority driven,
104	accountable, and developed through careful examination and
105	justification of all agency and judicial branch programs.
106	(1)  Long-range program plans shall provide the framework
107	for the development of budget requests and shall identify or
108	update:
109	(h)  Legislatively approved output and outcome performance
110	measures. Each performance measure must identify the associated
111	activity contributing to the measure from those identified in
112	accordance with s. 216.023(4)(b).
113	Section 3.  Paragraph (a) of subsection (6) of section
114	489.145, Florida Statutes, is amended to read:
115	489.145  Guaranteed energy, water, and wastewater
116	performance savings contracting.-
117	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.-The
118	Department of Management Services, with the assistance of the
119	Office of the Chief Financial Officer, shall, within available
120	resources, provide technical content assistance to state
121	agencies contracting for energy, water, and wastewater
122	efficiency and conservation measures and engage in other
123	activities considered appropriate by the department for
124	promoting and facilitating guaranteed energy, water, and
125	wastewater performance contracting by state agencies. The
126	Department of Management Services shall review the investment-
127	grade audit for each proposed project and certify that the cost
128	savings are appropriate and sufficient for the term of the
129	contract. The Office of the Chief Financial Officer, with the
130	assistance of the Department of Management Services, shall,
131	within available resources, develop model contractual and
132	related documents for use by state agencies. Prior to entering
133	into a guaranteed energy, water, and wastewater performance
134	savings contract, any contract or lease for third-party
135	financing, or any combination of such contracts, a state agency
136	shall submit such proposed contract or lease to the Office of
137	the Chief Financial Officer for review and approval. A proposed
138	contract or lease shall include:
139	(a)  Supporting information required by s. 216.023(4)(i) s.
140	216.023(4)(a)9. in ss. 287.063(5) and 287.064(11). For contracts
141	approved under this section, the criteria may, at a minimum,
142	include the specification of a benchmark cost of capital and
143	minimum real rate of return on energy, water, or wastewater
144	savings against which proposals shall be evaluated.
145
146	The Office of the Chief Financial Officer shall not approve any
147	contract submitted under this section from a state agency that
148	does not meet the requirements of this section.
149	Section 4.  This act shall take effect July 1, 2012.

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