Florida Senate - 2025 (PROPOSED BILL) SPB 7024
FOR CONSIDERATION By the Committee on Appropriations
576-02446-25 20257024pb
1 A bill to be entitled
2 An act relating to state planning and budgeting;
3 reenacting and amending s. 216.011, F.S.; deleting the
4 definitions of the terms “disincentive” and
5 “incentive”; revising the definition of the term
6 “fixed capital outlay”; amending s. 216.013, F.S.;
7 revising the purpose of long-range program plans;
8 requiring that such plans be based on statutorily
9 established policies and driven by priorities and
10 outcomes to achieve certain goals, objectives, and
11 policies; requiring that such plans provide the
12 framework for development of legislative budget
13 requests; requiring that such plans identify specified
14 performance measures, trends and conditions relevant
15 to the performance measures and state goals, and
16 agency and judicial programs that implement
17 statutorily established policy; requiring that such
18 plans include certain information regarding the
19 implementation status of enacted laws; requiring that
20 such information also include laws enacted in
21 specified years; requiring that the implementation
22 status include specified information; requiring that
23 long-range program plans cover a specified timeframe
24 and remain in effect until replaced or adjusted as
25 provided by specified provisions; deleting a
26 requirement that written notice be provided to the
27 Governor and Legislature upon the publishing of such
28 plans on the agency or judicial branch website;
29 requiring state agencies and the judicial branch
30 annually, by a specified date, to submit their long
31 range program plans to the Legislative Budget
32 Commission for approval; providing that if a state
33 agency or the judicial branch receives a certain
34 notification of failure to comply, such agency or the
35 judicial branch is prohibited from submitting
36 amendments to or otherwise making changes to its
37 approved budget for certain expenditures until
38 compliance is achieved; deleting obsolete language;
39 amending s. 216.023, F.S.; requiring state agencies,
40 the judicial branch, and the Division of
41 Administrative Hearings to submit legislative budget
42 requests before a specified date in each odd-numbered
43 year and by a specified date in each even-numbered
44 year; deleting provisions relating to total
45 accountability measures and reductions in allocations;
46 making a technical change; amending ss. 216.163,
47 216.177, and 216.181, F.S.; conforming provisions to
48 changes made by the act; repealing ss. 216.1815 and
49 216.1826, F.S., relating to the agency incentive and
50 savings program and activity-based planning and
51 budgeting, respectively; amending s. 216.1827, F.S.;
52 requiring state agencies and the judicial branch to
53 maintain performance measures, outcomes, and
54 standards; requiring state agencies and the judicial
55 branch to adopt specified and applicable performance
56 measures, outcomes, and standards; requiring state
57 agencies and the judicial branch to develop and adopt
58 a certain number of specified performance measures,
59 outcomes, and standards; requiring state agencies and
60 the judicial branch to consider specified factors when
61 developing such additional performance measures,
62 outcomes, and standards; requiring state agencies to
63 maintain justifications for and sources of data to be
64 used for each performance measure adopted; requiring
65 that the long-range program plans contain performance
66 measures in specified forms, manner, and timeframes;
67 requiring that such plans provide specified
68 information and data; requiring state agencies and the
69 judicial branch to submit performance measures,
70 outcomes, standards, and certain information to the
71 Office of Program Policy Analysis and Government
72 Accountability upon request; requiring that certain
73 performance measures be adopted by the Legislative
74 Budget Commission; authorizing the submission of
75 requests to delete or amend performance measures,
76 outcomes, and standards to the Legislative Budget
77 Commission; requiring that such request include the
78 justification for the deletion, amendment, or
79 addition; providing that such deletions, amendments,
80 or additions are subject to review and approval by the
81 Legislative Budget Commission; requiring state
82 agencies and the judicial branch to make appropriate
83 adjustments to their performance measures, outcomes,
84 and standards to be consistent with certain enacted
85 legislation; providing that state agencies and the
86 judicial branch have a specified timeframe to make
87 such adjustments; deleting obsolete language;
88 requiring new state agencies created by the
89 Legislature to establish initial performance measures,
90 outcomes, and standards that are subject to review and
91 approval by the Legislative Budget Commission;
92 requiring state agencies and the judicial branch to
93 submit to the Legislative Budget Commission new
94 performance measures and specified information by a
95 specified date; providing for the scheduled repeal of
96 such provision; amending s. 216.262, F.S.; providing
97 that if the actual inmate population of the Department
98 of Corrections exceeds inmate population projections
99 of the most recently adopted forecast published by the
100 Criminal Justice Estimating Conference for the current
101 fiscal year by specified percentages, the Executive
102 Office of the Governor shall immediately notify such
103 estimating conference to convene and revise the
104 estimates; abrogating the scheduled repeal of such
105 provisions; amending s. 216.292, F.S.; prohibiting
106 appropriations from being transferred between state
107 agencies unless specifically authorized by the General
108 Appropriations Act or as otherwise provided by law;
109 authorizing the Executive Office of the Governor to
110 transfer funds within and between state agencies for a
111 specified purpose; providing that such transfers and
112 adjustments are subject to certain notice, review, and
113 objections; deleting obsolete language; abrogating the
114 scheduled repeal of a provision; amending s. 20.055,
115 F.S.; conforming provisions to changes made by the
116 act; amending ss. 121.021 and 121.051, F.S.;
117 conforming cross-references; amending s. 186.021,
118 F.S.; conforming provisions to changes made by the
119 act; amending s. 420.0003, F.S.; revising that a
120 certain long-range plan is from the Florida Housing
121 Finance Corporation and not from the Department of
122 Commerce; conforming provisions to changes made by the
123 act; amending s. 420.511, F.S.; revising references to
124 “long-range program plan” as “long-range plan”;
125 deleting a requirement that such plan be developed in
126 coordination with the Department of Commerce; deleting
127 a provision relating to the Secretary of Commerce, or
128 his or her designee, serving as the Florida Housing
129 Finance Corporation’s liaison for a specified purpose;
130 amending ss. 489.145, 985.619 and 1002.37, F.S.;
131 conforming cross-references; reenacting s.
132 402.56(5)(d), F.S., relating to the duty of the
133 Children and Youth Cabinet to design and implement a
134 long-range program plan, to incorporate the amendment
135 made to s. 216.013, F.S., in a reference thereto;
136 providing an effective date.
137
138 Be It Enacted by the Legislature of the State of Florida:
139
140 Section 1. Paragraphs (n), (r), and (v) of subsection (1)
141 of section 216.011, Florida Statutes, are amended, and paragraph
142 (ee) of that subsection is reenacted, to read:
143 216.011 Definitions.—
144 (1) For the purpose of fiscal affairs of the state,
145 appropriations acts, legislative budgets, and approved budgets,
146 each of the following terms has the meaning indicated:
147 (n) “Disincentive” means a sanction as described in s.
148 216.163.
149 (q)(r) “Fixed capital outlay” means the appropriation
150 category used to fund real property (land, buildings, including
151 appurtenances, fixtures and fixed equipment, structures, etc.),
152 including additions, replacements, major repairs, and
153 renovations to real property which materially extend its useful
154 life or materially improve or change its functional use and
155 including furniture and equipment necessary to furnish and
156 operate a new or improved facility, when appropriated by the
157 Legislature in the fixed capital outlay appropriation category.
158 The term does not include a minor repair or maintenance that
159 does not materially extend the useful life or materially improve
160 or change the functional use of a facility, which may be
161 appropriated in an expense, contracted services, or special
162 appropriation category.
163 (v) “Incentive” means a mechanism, as described in s.
164 216.163, for recognizing the achievement of performance
165 standards or for motivating performance that exceeds performance
166 standards.
167 (cc)(ee) “Long-range program plan” means a plan developed
168 pursuant to s. 216.013.
169 Section 2. Section 216.013, Florida Statutes, is amended to
170 read:
171 216.013 Long-range program plans plan.—State agencies and
172 the judicial branch shall develop long-range program plans to
173 achieve state goals and objectives using an interagency planning
174 process that includes the development of integrated agency
175 program service outcomes. The plans must shall be policy based
176 on statutorily established policies;, priority driven by
177 priorities and outcomes to achieve state goals, objectives, and
178 policies;, accountable;, and developed through careful
179 examination and justification of all agency and judicial branch
180 programs and activities.
181 (1) Long-range program plans must shall provide the
182 framework for the development of legislative budget requests.
183 (2) Long-range program plans must and shall identify or
184 update:
185 (a) The mission of the agency or judicial branch.
186 (b) The performance measures required pursuant to s.
187 216.1827 goals established to accomplish the mission.
188 (c) The objectives developed to achieve state goals.
189 (d) The trends and conditions relevant to the mission, the
190 performance measures, and the state goals, and objectives.
191 (d)(e) The state agency or judicial branch programs that
192 will be used to implement statutorily established state policy
193 and achieve state goals and objectives.
194 (f) The program outcomes and standards to measure progress
195 toward program objectives.
196 (g) Information regarding performance measurement, which
197 includes, but is not limited to, how data is collected, the
198 methodology used to measure a performance indicator, the
199 validity and reliability of a measure, the appropriateness of a
200 measure, and whether, in the case of agencies, the agency
201 inspector general has assessed the reliability and validity of
202 agency performance measures, pursuant to s. 20.055(2).
203 (h) Legislatively approved output and outcome performance
204 measures. Each performance measure must identify the associated
205 activity contributing to the measure from those identified in
206 accordance with s. 216.023(4)(b).
207 (i) Performance standards for each performance measure and
208 justification for the standards and the sources of data to be
209 used for measurement. Performance standards must include
210 standards for each affected activity and be expressed in terms
211 of the associated unit of activity.
212 (j) Prior-year performance data on approved performance
213 measures and an explanation of deviation from expected
214 performance. Performance data must be assessed for reliability
215 in accordance with s. 20.055.
216 (k) Proposed performance incentives and disincentives.
217 (3)(a)1. Long-range program plans must include information
218 about the implementation status of any law enacted in the
219 previous legislative session. The implementation status must be
220 provided until all provisions of the law related to the agency
221 have been fully implemented.
222 2. For purposes of initial implementation of this
223 subsection, in addition to laws enacted pursuant to the 2025
224 Regular Session, an agency must also provide information on
225 recently enacted laws for the 2023 and 2024 Regular Sessions
226 that have provisions not fully implemented. This subparagraph
227 expires on June 30, 2026.
228 (b) Implementation status information must include, at a
229 minimum, all of the following:
230 1. Actions or steps taken to implement the law, and actions
231 or steps planned for implementation, including, but not limited
232 to, all of the following, as applicable:
233 a. Administrative rules proposed for implementation.
234 b. Procurements required.
235 c. Contracts executed to assist the agency in
236 implementation.
237 d. Contracts executed to implement or administer the law.
238 e. Programs started, offices established, or other
239 organizational administrative changes made, including personnel
240 changes.
241 f. Federal waivers requested.
242 2. The status of any required appointments and all
243 scheduled board, commission, or related public meetings.
244 3. A description of the agency programs, outputs, and
245 activities implemented or changed related to the law.
246 4. All expenditures made that were directly related to the
247 implementation.
248 5. Any provisions remaining to be implemented.
249 6. A description of any impediment or delay in the
250 implementation, including, but not limited to, challenges of
251 administrative rules or identification of any policy issue that
252 needs to be resolved by the Legislature to ensure timely and
253 effective implementation.
254 7. Information related to any litigation related to the law
255 which is not provided under subparagraph 6.
256 8. Any performance measure developed and the specific data
257 identified, including data regarding enrollments, participants,
258 loans, and other data elements of programs, outputs, and
259 activities.
260 (4)(2) Each Long-range program plans must plan shall cover
261 a period of 5 fiscal years, be revised annually, and remain in
262 effect until replaced or adjusted as provided in this section
263 revised.
264 (5)(3) Long-range program plans or revisions must shall be
265 presented by state agencies and the judicial branch in a form,
266 manner, and timeframe prescribed in written instructions
267 prepared by the Executive Office of the Governor in consultation
268 with the chairs of the legislative appropriations committees.
269 (6)(4) Each state executive agency and the judicial branch
270 shall post their long-range program plans on their Internet
271 websites not later than September 30 30th of each year, and
272 provide written notice to the Governor and the Legislature that
273 the plans have been posted.
274 (7)(5) Each state agency The state agencies and the
275 judicial branch shall make appropriate adjustments to their
276 long-range program plans, excluding adjustments to performance
277 measures, outcomes, and standards, to be consistent with the
278 appropriations in the General Appropriations Act, and
279 legislation implementing the General Appropriations Act, or
280 other enacted legislation. Agencies and the judicial branch have
281 30 days subsequent to the effective date of the General
282 Appropriations Act and implementing legislation to make
283 adjustments to their plans as posted on their Internet websites.
284 (8) Annually, no later than September 15, each state agency
285 and the judicial branch shall submit their long-range program
286 plans to the Legislative Budget Commission for approval,
287 including any update on meeting their plans’ approved
288 performance measures and any deviation from expected performance
289 measures.
290 (9) If the chairs of the legislative appropriations
291 committees notify a state agency or the judicial branch that the
292 agency or the judicial branch has failed to comply with this
293 section or s. 216.1827, the agency or the judicial branch may
294 not submit amendments or otherwise make changes to its approved
295 budget for operations and fixed capital outlay pursuant to s.
296 216.181 until the agency or the judicial branch has corrected
297 its deficiency.
298 (10)(6) Long-range program plans developed pursuant to this
299 chapter are not rules and, therefore, are not subject to the
300 provisions of chapter 120.
301 (7) Notwithstanding the provisions of this section, each
302 state executive agency and the judicial branch are not required
303 to develop or post a long-range program plan by September 30,
304 2024, for the 2025-2026 fiscal year, except in circumstances
305 outlined in any updated written instructions prepared by the
306 Executive Office of the Governor in consultation with the chairs
307 of the legislative appropriations committees. This subsection
308 expires July 1, 2025.
309 Section 3. Subsections (1), (2), (4), and (10) of section
310 216.023, Florida Statutes, are amended to read:
311 216.023 Legislative budget requests to be furnished to
312 Legislature by agencies.—
313 (1) The head of each state agency, except as provided in
314 subsection (2), shall submit a final legislative budget request
315 to the Legislature and to the Governor, as chief budget officer
316 of the state, in the form and manner prescribed in the budget
317 instructions and at such time as specified by the Executive
318 Office of the Governor, based on the agency’s independent
319 judgment of its needs. However, a state agency must may not
320 submit its complete legislative budget request, including all
321 supporting forms and schedules required by this chapter, no
322 later than September 15 of each odd-numbered year and no later
323 than October 15 of each even-numbered year unless an alternative
324 date is agreed to be in the best interest of the state by the
325 Governor and the chairs of the legislative appropriations
326 committees.
327 (2) The judicial branch and the Division of Administrative
328 Hearings shall submit their complete legislative budget requests
329 directly to the Legislature with a copy to the Governor, as
330 chief budget officer of the state, in the form and manner as
331 prescribed in the budget instructions. However, the complete
332 legislative budget requests, including all supporting forms and
333 schedules required by this chapter, must shall be submitted no
334 later than September 15 of each odd-numbered year and no later
335 than October 15 of each even-numbered year unless an alternative
336 date is agreed to be in the best interest of the state by the
337 Governor and the chairs of the legislative appropriations
338 committees.
339 (4)(a) The legislative budget request for each program must
340 contain:
341 (a)1. The constitutional or statutory authority for a
342 program, a brief purpose statement, and approved program
343 components.
344 (b)2. Information on expenditures for 3 fiscal years
345 (actual prior-year expenditures, current-year estimated
346 expenditures, and agency budget requested expenditures for the
347 next fiscal year) by appropriation category.
348 (c)3. Details on trust funds and fees.
349 (d)4. The total number of positions (authorized, fixed, and
350 requested).
351 (e)5. An issue narrative describing and justifying changes
352 in amounts and positions requested for current and proposed
353 programs for the next fiscal year.
354 (f)6. Information resource requests.
355 (g)7. Supporting information, including applicable cost
356 benefit analyses, business case analyses, performance
357 contracting procedures, service comparisons, and impacts on
358 performance standards for any request to outsource or privatize
359 agency functions. The cost-benefit and business case analyses
360 must include an assessment of the impact on each affected
361 activity from those identified in accordance with paragraph (b).
362 Performance standards must include standards for each affected
363 activity and be expressed in terms of the associated unit of
364 activity.
365 (h)8. An evaluation of major outsourcing and privatization
366 initiatives undertaken during the last 5 fiscal years having
367 aggregate expenditures exceeding $10 million during the term of
368 the contract. The evaluation must include an assessment of
369 contractor performance, a comparison of anticipated service
370 levels to actual service levels, and a comparison of estimated
371 savings to actual savings achieved. Consolidated reports issued
372 by the Department of Management Services may be used to satisfy
373 this requirement.
374 (i)9. Supporting information for any proposed consolidated
375 financing of deferred-payment commodity contracts including
376 guaranteed energy performance savings contracts. Supporting
377 information must also include narrative describing and
378 justifying the need, baseline for current costs, estimated cost
379 savings, projected equipment purchases, estimated contract
380 costs, and return on investment calculation.
381 (j)10. For projects that exceed $10 million in total cost,
382 the statutory reference of the existing policy or the proposed
383 substantive policy that establishes and defines the project’s
384 governance structure, planned scope, main business objectives
385 that must be achieved, and estimated completion timeframes. The
386 governance structure for information technology-related projects
387 must incorporate the applicable project management and oversight
388 standards established pursuant to s. 282.0051. Information
389 technology budget requests for the continuance of existing
390 hardware and software maintenance agreements, renewal of
391 existing software licensing agreements, or the replacement of
392 desktop units with new technology that is similar to the
393 technology currently in use are exempt from this requirement.
394 (b) It is the intent of the Legislature that total
395 accountability measures, including unit-cost data, serve not
396 only as a budgeting tool but also as a policymaking tool and an
397 accountability tool. Therefore, each state agency and the
398 judicial branch must submit a summary of information for the
399 preceding year in accordance with the legislative budget
400 instructions. Each summary must provide a one-page overview and
401 must contain:
402 1. The final budget for the agency and the judicial branch.
403 2. Total funds from the General Appropriations Act.
404 3. Adjustments to the General Appropriations Act.
405 4. The line-item listings of all activities.
406 5. The number of activity units performed or accomplished.
407 6. Total expenditures for each activity, including amounts
408 paid to contractors and subordinate entities. Expenditures
409 related to administrative activities not aligned with output
410 measures must consistently be allocated to activities with
411 output measures prior to computing unit costs.
412 7. The cost per unit for each activity, including the costs
413 allocated to contractors and subordinate entities.
414 8. The total amount of reversions and pass-through
415 expenditures omitted from unit-cost calculations.
416
417 At the regular session immediately following the submission of
418 the agency unit cost summary, the Legislature shall reduce in
419 the General Appropriations Act for the ensuing fiscal year, by
420 an amount equal to at least 10 percent of the allocation for the
421 fiscal year preceding the current fiscal year, the funding of
422 each state agency that fails to submit the report required under
423 this paragraph.
424 (10) The legislative budget request from each agency and
425 from the judicial branch shall be reviewed by the Legislature.
426 The review may allow for the opportunity to have information or
427 testimony by the agency, the judicial branch, the Auditor
428 General, the Office of Program Policy Analysis and Government
429 Accountability, the Governor’s Office of Policy and Budget
430 Planning and Budgeting, and the public regarding the proper
431 level of funding for the agency in order to carry out its
432 mission.
433 Section 4. Subsection (4) of section 216.163, Florida
434 Statutes, is amended to read:
435 216.163 Governor’s recommended budget; form and content;
436 declaration of collective bargaining impasses.—
437 (4) The Executive Office of the Governor shall review the
438 findings of the Office of Program Policy Analysis and Government
439 Accountability, to the extent they are available, request any
440 reports or additional analyses as necessary, and submit a
441 recommendation for executive agencies, which may include a
442 recommendation regarding incentives or disincentives for agency
443 performance. Incentives or disincentives may apply to all or
444 part of a state agency. The Chief Justice shall review the
445 findings of the Office of Program Policy Analysis and Government
446 Accountability regarding judicial branch performance and make
447 appropriate recommendations for the judicial branch.
448 (a) Incentives may include, but are not limited to:
449 1. Additional flexibility in budget management, such as,
450 but not limited to, the use of lump sums or special categories;
451 consolidation of budget entities or program components;
452 consolidation of appropriation categories; and increased agency
453 transfer authority between appropriation categories or budget
454 entities.
455 2. Additional flexibility in salary rate and position
456 management.
457 3. Retention of up to 50 percent of all unencumbered
458 balances of appropriations as of June 30, or undisbursed
459 balances as of December 31, excluding special categories and
460 grants and aids, which may be used for nonrecurring purposes
461 including, but not limited to, lump-sum bonuses, employee
462 training, or productivity enhancements, including technology and
463 other improvements.
464 4. Additional funds to be used for, but not limited to,
465 lump-sum bonuses, employee training, or productivity
466 enhancements, including technology and other improvements.
467 5. Additional funds provided pursuant to law to be released
468 to an agency quarterly or incrementally contingent upon the
469 accomplishment of units of output or outcome specified in the
470 General Appropriations Act.
471 (b) Disincentives may include, but are not limited to:
472 1. Mandatory quarterly reports to the Executive Office of
473 the Governor and the Legislature on the agency’s progress in
474 meeting performance standards.
475 2. Mandatory quarterly appearances before the Legislature,
476 the Governor, or the Governor and Cabinet to report on the
477 agency’s progress in meeting performance standards.
478 3. Elimination or restructuring of the program, which may
479 include, but not be limited to, transfer of the program or
480 outsourcing all or a portion of the program.
481 4. Reduction of total positions for a program.
482 5. Restriction on or reduction of the spending authority
483 provided in s. 216.292(2)(b).
484 6. Reduction of managerial salaries.
485 Section 5. Subsection (3) of section 216.177, Florida
486 Statutes, is amended to read:
487 216.177 Appropriations acts, statement of intent,
488 violation, notice, review and objection procedures.—
489 (3) The Legislature may annually specify any incentives and
490 disincentives for agencies operating programs under performance
491 based budgets pursuant to this chapter in the General
492 Appropriations Act or legislation implementing the General
493 Appropriations Act.
494 Section 6. Paragraph (b) of subsection (10) of section
495 216.181, Florida Statutes, is amended to read:
496 216.181 Approved budgets for operations and fixed capital
497 outlay.—
498 (10)
499 (b) Lump-sum salary bonuses may be provided only if
500 specifically appropriated or provided pursuant to s. 110.1245 or
501 s. 216.1815.
502 Section 7. Section 216.1815, Florida Statutes, is repealed.
503 Section 8. Section 216.1826, Florida Statutes, is repealed.
504 Section 9. Section 216.1827, Florida Statutes, is amended
505 to read:
506 216.1827 Requirements for performance measures, outcomes,
507 and standards.—
508 (1) Each state agency Agencies and the judicial branch
509 shall maintain a comprehensive performance accountability system
510 containing, at a minimum, a list of performance measures,
511 outcomes, and standards as required by that are adopted by the
512 Legislature and subsequently amended pursuant to this section.
513 (2) Each state agency and the judicial branch shall adopt
514 the following performance measures, outcomes, and standards:
515 (a) Administrative costs as a percentage of total agency
516 costs, including salaries and benefits and excluding fixed
517 capital outlay.
518 (b) Percentage of vacant positions filled within 180 days
519 after becoming vacant.
520 (c) Total dollar amount of salary increases awarded,
521 delineated by the subtotal dollar amount of the increases
522 specifically authorized in the General Appropriations Act or
523 other law and the subtotal dollar amount of the increases
524 awarded without specific legislative authorization.
525 (d) Percentage of corrective actions taken within 6 months
526 after receipt of audit findings and management letters issued to
527 resolve such findings or letters from financial and operational
528 audits conducted pursuant to s. 11.45.
529 (e) Private attorney service costs dollar amounts by case
530 and as a percentage of total agency legal costs, legal costs
531 paid to the Attorney General’s office by case and as a
532 percentage of total agency legal costs, and total agency legal
533 costs as a percentage of total agency budget.
534 (f) Total dollar amount of expenditures by state term
535 contract as defined in s. 287.012, contracts procured using
536 alternative purchasing methods as authorized pursuant to s.
537 287.042(16), and agency procurements through request for
538 proposal, invitation to negotiate, invitation to bid, single
539 source, and emergency purchases.
540 (g) If applicable, the number of complete applications
541 received and the average number of days to complete a permit, a
542 licensure, a registration, or a certification process, from the
543 date of the receipt of initial application to final agency
544 action, for each permit, license, registration, or certification
545 issued by the agency or judicial branch.
546 (h) If applicable, the total number of required
547 inspections, total number of inspections completed, and
548 percentage of required inspections completed.
549 (i) If applicable, average number of calendar days to award
550 and contract for noncompetitive projects or grant programs for
551 state or federal funds from the date of receipt of funds by the
552 agency or receipt of budget authority, whichever is later.
553 (3) In addition to the performance measures, outcomes, and
554 standards required by subsection (2), each agency and the
555 judicial branch shall develop and adopt at least five additional
556 performance measures, outcomes, and standards. Additional
557 performance measures, outcomes, and standards must include key
558 state agency or judicial branch functions. When developing the
559 additional performance measures, outcomes, and standards, each
560 state agency and the judicial branch shall take all of the
561 following into consideration:
562 (a) The mission of the agency or judicial branch, state
563 goals and objectives, and statutory policy.
564 (b) Programs, outputs, and activities that are key agency
565 or judicial branch functions.
566 (c) Selection of data elements that best and most
567 accurately measure progress toward state goals and objectives,
568 including facilitating analysis of any deviation from expected
569 performance.
570 (4) Each state agency and the judicial branch shall
571 maintain the justification for each performance measure,
572 outcome, or standard, and the sources of data to be used.
573 (5)(2)(a) Each state agency Agencies and the judicial
574 branch shall submit long-range program plans with performance
575 measures in the form, manner, and timeframe output and outcome
576 measures and standards, as well as historical baseline and
577 performance data pursuant to s. 216.013. The long-range program
578 plan must provide:
579 (a) Information regarding measurement of the performance
580 measures, including how the data is collected, baseline data,
581 the methodology used for measurement, the reason for the
582 measurement, and the validity and reliability of the
583 measurement.
584 (b) Data for the previous 5 years related to the
585 performance measures, outcomes, and standards and an explanation
586 of deviation from expected performance.
587 (6) Each state agency Agencies and the judicial branch
588 shall also submit performance data, measures, outcomes, and
589 standards, including any information required by this section,
590 to the Office of Program Policy Analysis and Government
591 Accountability upon request for review of the adequacy of the
592 legislatively approved measures and standards.
593 (7) For each state agency and the judicial branch,
594 performance measures, outcomes, and standards, including any
595 amendments thereto, must be adopted by the Legislative Budget
596 Commission.
597 (3)(a) At least 30 days before the scheduled annual
598 legislative session, a state an agency or the Chief Justice of
599 the Supreme Court may submit requests to delete or amend its
600 existing approved performance measures, outcomes, and standards
601 or activities, including alignment of activities to performance
602 measures, or submit requests to create additional performance
603 measures, outcomes, and standards or activities to the
604 Legislature Executive Office of the Governor for review and
605 approval. The request must shall document the justification for
606 the change and ensure that the revision, deletion, amendment, or
607 addition is consistent with legislative intent. Such deletion,
608 amendment, or addition is subject to review and approval by the
609 Legislative Budget Commission Revisions or deletions to or
610 additions of performance measures and standards approved by the
611 Executive Office of the Governor are subject to the review and
612 objection procedure set forth in s. 216.177.
613 (b) Each state agency and the judicial branch shall make
614 appropriate adjustments to their performance measures, outcomes,
615 and standards to be consistent with the appropriations in the
616 General Appropriations Act, legislation implementing the General
617 Appropriations Act, or other enacted legislation. State agencies
618 and the judicial branch have 30 days after the effective date of
619 the General Appropriations Act or other enacted legislation to
620 propose adjustments to their plans for review and approval by
621 the Legislative Budget Commission The Chief Justice of the
622 Supreme Court may submit deletions or amendments of the judicial
623 branch’s existing approved performance measures and standards or
624 may submit additional performance measures and standards to the
625 Legislature accompanied with justification for the change and
626 ensure that the revision, deletion, or addition is consistent
627 with legislative intent. Revisions or deletions to, or additions
628 of performance measures and standards submitted by the Chief
629 Justice of the Supreme Court are subject to the review and
630 objection procedure set forth in s. 216.177.
631 (4)(a) The Legislature may create, amend, and delete
632 performance measures and standards. The Legislature may confer
633 with the Executive Office of the Governor for state agencies and
634 the Chief Justice of the Supreme Court for the judicial branch
635 prior to any such action.
636 (b) The Legislature may require state agencies to submit
637 requests for revisions, additions, or deletions to approved
638 performance measures and standards to the Executive Office of
639 the Governor for review and approval, subject to the review and
640 objection procedure set forth in s. 216.177.
641 (c) The Legislature may require the judicial branch to
642 submit revisions, additions, or deletions to approved
643 performance measures and standards to the Legislature, subject
644 to the review and objection procedure set forth in s. 216.177.
645 (d) Any new state agency created by the Legislature shall
646 establish is subject to the initial performance measures,
647 outcomes, and standards thereof, subject to review and approval
648 by the Legislative Budget Commission established by the
649 Legislature. The Legislature may require state agencies and the
650 judicial branch to provide any information necessary to create
651 initial performance measures and standards.
652 (d) Each state agency and the judicial branch shall submit
653 new performance measures, outcomes, and standards, including the
654 information required by this section, to the Legislative Budget
655 Commission by December 1, 2025. This paragraph expires on
656 December 31, 2026.
657 Section 10. Subsection (4) of section 216.262, Florida
658 Statutes, is amended to read:
659 216.262 Authorized positions.—
660 (4) Notwithstanding the provisions of this chapter relating
661 to increasing the number of authorized positions, and for the
662 2024-2025 fiscal year only, if the actual inmate population of
663 the Department of Corrections in the current fiscal year exceeds
664 the inmate population projections of the most recently adopted
665 forecast published by the December 15, 2023, Criminal Justice
666 Estimating Conference for the current fiscal year by 1 percent
667 for 2 consecutive months or 2 percent for any month, the
668 Executive Office of the Governor, with the approval of the
669 Legislative Budget Commission, shall immediately notify the
670 Criminal Justice Estimating Conference, which shall convene as
671 soon as possible to revise the estimates. The Department of
672 Corrections may then submit a budget amendment requesting the
673 establishment of positions in excess of the number authorized by
674 the Legislature and additional appropriations from unallocated
675 general revenue sufficient to provide for essential staff, fixed
676 capital improvements, and other resources to provide
677 classification, security, food services, health services, and
678 other variable expenses within the institutions to accommodate
679 the estimated increase in the inmate population. All actions
680 taken pursuant to this subsection are subject to review and
681 approval by the Legislative Budget Commission. This subsection
682 expires July 1, 2025.
683 Section 11. Present paragraph (b) of subsection (1) of
684 section 216.292, Florida Statutes, is redesignated as paragraph
685 (c), a new paragraph (b) is added to that subsection, and
686 paragraph (a) of subsection (1) and subsection (2) of that
687 section are amended, to read:
688 216.292 Appropriations nontransferable; exceptions.—
689 (1)(a) Funds provided in the General Appropriations Act or
690 as otherwise expressly provided by law shall be expended only
691 for the purpose for which appropriated, except that such moneys
692 may be transferred as provided in this section when it is
693 determined to be in the best interest of the state.
694 Appropriations for fixed capital outlay may not be expended for
695 any other purpose. Appropriations may not be transferred between
696 state agencies, or between a state agency and the judicial
697 branch, unless specifically authorized by law or specifically
698 authorized in the General Appropriations Act.
699 (b) The Executive Office of the Governor may transfer funds
700 within and between state agencies for the sole purpose of
701 implementing statewide distributions for risk management
702 insurance, human resource services, and data processing
703 services. Transfers and adjustments are subject to the notice,
704 review, and objection procedures of s. 216.177.
705 (2) The following transfers are authorized to be made by
706 the head of each department or the Chief Justice of the Supreme
707 Court whenever it is deemed necessary by reason of changed
708 conditions:
709 (a) The transfer of appropriations funded from identical
710 funding sources, except appropriations for fixed capital outlay,
711 and the transfer of amounts included within the total original
712 approved budget and plans of releases of appropriations as
713 furnished pursuant to ss. 216.181 and 216.192, as follows:
714 1. Between categories of appropriations within a budget
715 entity, if no category of appropriation is increased or
716 decreased by more than 5 percent of the original approved budget
717 or $250,000, whichever is greater, by all action taken under
718 this subsection.
719 2. Between budget entities within identical categories of
720 appropriations, if no category of appropriation is increased or
721 decreased by more than 5 percent of the original approved budget
722 or $250,000, whichever is greater, by all action taken under
723 this subsection.
724 3. Any agency exceeding salary rate established pursuant to
725 s. 216.181(8) on June 30th of any fiscal year may shall not be
726 authorized to make transfers pursuant to subparagraphs 1. and 2.
727 in the subsequent fiscal year.
728 4. Notice of proposed transfers under subparagraphs 1. and
729 2. shall be provided to the Executive Office of the Governor and
730 the chairs of the legislative appropriations committees at least
731 3 days prior to agency implementation in order to provide an
732 opportunity for review. The review shall be limited to ensuring
733 that the transfer is in compliance with the requirements of this
734 paragraph.
735 5. For the 2024-2025 fiscal year, The review shall ensure
736 that transfers proposed pursuant to this paragraph comply with
737 this chapter, maximize the use of available and appropriate
738 trust funds, and are not contrary to legislative policy and
739 intent. This subparagraph expires July 1, 2025.
740 (b) After providing notice at least 5 working days prior to
741 implementation:
742 1. The transfer of funds within programs identified in the
743 General Appropriations Act from identical funding sources
744 between the following appropriation categories without
745 limitation so long as such a transfer does not result in an
746 increase, to the total recurring general revenue or trust fund
747 cost of the agency or entity of the judicial branch in the
748 subsequent fiscal year: other personal services, expenses,
749 operating capital outlay, food products, state attorney and
750 public defender operations, data processing services, operating
751 and maintenance of patrol vehicles, overtime payments, salary
752 incentive payments, compensation to retired judges, law
753 libraries, and juror and witness payments.
754 2. The transfer of funds and positions from identical
755 funding sources between salaries and benefits appropriation
756 categories within programs identified in the General
757 Appropriations Act. Such transfers must be consistent with
758 legislative policy and intent and may not adversely affect
759 achievement of approved performance outcomes or outputs in any
760 program.
761 (c) The transfer of funds appropriated to accounts
762 established for disbursement purposes upon release of such
763 appropriation upon request of a department and approval by the
764 Chief Financial Officer. Such transfer may only be made to the
765 same appropriation category and the same funding source from
766 which the funds are transferred.
767 Section 12. Paragraphs (a) and (b) of subsection (2) of
768 section 20.055, Florida Statutes, are amended to read:
769 20.055 Agency inspectors general.—
770 (2) An office of inspector general is established in each
771 state agency to provide a central point for coordination of and
772 responsibility for activities that promote accountability,
773 integrity, and efficiency in government. It is the duty and
774 responsibility of each inspector general, with respect to the
775 state agency in which the office is established, to:
776 (a) Advise in the development of performance measures,
777 outcomes, standards, and procedures for the evaluation of state
778 agency programs.
779 (b) Assess the reliability and validity of the information
780 provided by the state agency on performance measures and
781 standards, and make recommendations for improvement, if
782 necessary, before submission of such information pursuant to s.
783 216.1827.
784 Section 13. Paragraph (a) of subsection (52) and paragraph
785 (a) of subsection (53) of section 121.021, Florida Statutes, are
786 amended to read:
787 121.021 Definitions.—The following words and phrases as
788 used in this chapter have the respective meanings set forth
789 unless a different meaning is plainly required by the context:
790 (52) “Regularly established position” means:
791 (a) With respect to a state employer, a position that is
792 authorized and established pursuant to law and is compensated
793 from a salaries and benefits appropriation pursuant to s.
794 216.011(1)(pp) s. 216.011(1)(rr), or an established position
795 that is authorized pursuant to s. 216.262(1)(a) and (b) and is
796 compensated from a salaries account as provided in s.
797 216.011(qq) s. 216.011(1)(ss).
798 (53) “Temporary position” means:
799 (a) With respect to a state employer, a position that is
800 compensated from an other personal services (OPS) account as
801 provided in s. 216.011(1)(hh) s. 216.011(1)(jj).
802 Section 14. Subsection (8) of section 121.051, Florida
803 Statutes, is amended to read:
804 121.051 Participation in the system.—
805 (8) DIVISION OF REHABILITATION AND LIQUIDATION EMPLOYEES
806 MEMBERSHIP.—Effective July 1, 1994, the regular receivership
807 employees of the Division of Rehabilitation and Liquidation of
808 the Department of Financial Services who are assigned to
809 established positions and are subject to established rules and
810 regulations regarding discipline, pay, classification, and time
811 and attendance are hereby declared to be state employees within
812 the meaning of this chapter and shall be compulsory members in
813 compliance with this chapter, the provisions of s.
814 216.011(1)(hh)2. s. 216.011(1)(jj)2., notwithstanding.
815 Employment performed before July 1, 1994, as such a receivership
816 employee may be claimed as creditable retirement service upon
817 payment by the employee or employer of contributions required in
818 s. 121.081(1), as applicable for the period claimed.
819 Section 15. Section 186.021, Florida Statutes, is amended
820 to read:
821 186.021 Long-range program plans.—Pursuant to s. 216.013,
822 each state agency shall develop a long-range program plan on an
823 annual basis. The plan must shall provide the framework and
824 context for designing and interpreting the agency budget
825 request. The plan must will be developed through careful
826 examination and justification of agency functions and their
827 associated costs. An agency shall use the long-range program
828 plan It shall be used by the agency to implement the state’s
829 goals and objectives. The agency shall also develop performance
830 measures, outcomes, and standards to measure programs, outputs,
831 Indicators shall be developed to measure service and activity
832 performance.
833 Section 16. Paragraph (b) of subsection (3) of section
834 420.0003, Florida Statutes, is amended to read:
835 420.0003 State housing strategy.—
836 (3) IMPLEMENTATION.—The state, in carrying out the strategy
837 articulated in this section, shall have the following duties:
838 (b) The long-range program plan of the corporation
839 department must include specific performance measures, goals,
840 and objectives, and strategies that implement the housing
841 policies in this section.
842 Section 17. Section 420.511, Florida Statutes, is amended
843 to read:
844 420.511 Strategic business plan; long-range program plan;
845 annual report; audited financial statements.—
846 (1) The corporation shall develop a strategic business plan
847 for the provision of affordable housing for the state. The plan
848 must be consistent with the long-range program plan prepared
849 pursuant to subsection (2) and must shall contain performance
850 measures and specific performance targets for the following:
851 (a) The ability of low-income and moderate-income
852 Floridians to access housing that is decent and affordable.
853 (b) The continued availability and affordability of housing
854 financed by the corporation to target populations.
855 (c) The availability of affordable financing programs,
856 including equity and debt products, and programs that reduce
857 gaps in conventional financing in order to increase individual
858 access to housing and stimulate private production of affordable
859 housing.
860 (d) The establishment and maintenance of efficiencies in
861 the delivery of affordable housing.
862 (e) Such other measures as directed by the corporation’s
863 board of directors.
864 (2) The corporation, in coordination with the department,
865 shall annually develop a long-range program plan for the
866 provision of affordable housing in this state as required
867 pursuant to chapter 186. In part, the plan must include
868 provisions that maximize the abilities of the corporation to
869 implement the state housing strategy established under s.
870 420.0003, to respond to federal housing initiatives, and to
871 develop programs in a manner that is more responsive to the
872 needs of public and private partners. The plan must shall be
873 developed on a schedule consistent with that established by s.
874 186.021. For purposes of this section, the Secretary of Commerce
875 or his or her designee shall serve as the corporation’s
876 representative to achieve a coordinated and integrated planning
877 relationship with the department.
878 (3) The corporation shall submit to the Governor and the
879 presiding officers of each house of the Legislature, within 6
880 months after the end of its fiscal year, a complete and detailed
881 report setting forth the corporation’s state and federal program
882 accomplishments using the most recent available data. The report
883 must include, but is not limited to:
884 (a) The following tenant characteristics in the existing
885 rental units financed through corporation-administered programs:
886 1. The number of households served, delineated by income,
887 race, ethnicity, and age of the head of household.
888 2. The number of households served in large, medium, and
889 small counties as described in s. 420.5087(1) and the extent to
890 which geographic distribution has been achieved in accordance
891 with s. 420.5087.
892 3. The number of farmworker and commercial fishing worker
893 households served.
894 4. The number of homeless households served.
895 5. The number of special needs households served.
896 6. By county, the average rent charged based on unit size.
897 (b) The number of rental units to which resources have been
898 allocated in the last fiscal year, including income and
899 demographic restrictions.
900 (c) The estimated average cost of producing units under
901 each rental or homeownership unit financed under each program in
902 the last fiscal year.
903 (d) By county, the average sales price of homeownership
904 units financed in the last fiscal year.
905 (e) The number of households served by homeownership
906 programs in the last fiscal year, including the income, race,
907 ethnicity, and age of the homeowner of each household.
908 (f) The percentage of homeownership loans that are in
909 foreclosure.
910 (g) The percentage of properties in the corporation’s
911 rental portfolio which have an occupancy rate below 90 percent.
912 (h) The amount of economic stimulus created by the
913 affordable housing finance programs administered by the
914 corporation for the most recent year available.
915 (i) For the State Apartment Incentive Loan Program (SAIL),
916 a comprehensive list of all closed loans outstanding at the end
917 of the most recent fiscal year, including, but not limited to,
918 development name, city, county, developer, set-aside type, set
919 aside percentage, affordability term, total number of units,
920 number of set-aside units, lien position, original loan amount,
921 loan maturity date, loan balance at close of year, status of
922 loan, rate of interest, and interest paid.
923 (j) For the Florida Affordable Housing Guarantee Program, a
924 list of all guaranteed loans through the close of the most
925 recent fiscal year, including, but not limited to, development
926 name, city, county, developer, total number of units, issuer of
927 the bonds, loan maturity date, participation in the United
928 States Department of Housing and Urban Development Risk-Sharing
929 Program, original guarantee amount, guarantee amount at the
930 close of the fiscal year, status of guaranteed loans, and total
931 outstanding Florida Housing Finance Corporation Affordable
932 Housing Guarantee Program revenue bonds at the close of the most
933 recent fiscal year.
934 (k) Any other information the corporation deems
935 appropriate.
936 (4) Within 6 months after the end of its fiscal year, the
937 corporation shall submit audited financial statements, prepared
938 in accordance with generally accepted accounting principles,
939 which include all assets, liabilities, revenues, and expenses of
940 the corporation, and a list of all bonds outstanding at the end
941 of its fiscal year. The audit must be conducted by an
942 independent certified public accountant, performed in accordance
943 with generally accepted auditing standards and government
944 auditing standards, and incorporate all reports, including
945 compliance reports, as required by such auditing standards.
946 (5) The Auditor General shall conduct an operational audit
947 of the accounts and records of the corporation and provide a
948 written report on the audit to the President of the Senate and
949 the Speaker of the House of Representatives by December 1, 2016.
950 Section 18. Paragraph (a) of subsection (6) of section
951 489.145, Florida Statutes, is amended to read:
952 489.145 Guaranteed energy, water, and wastewater
953 performance savings contracting.—
954 (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The
955 Department of Management Services, with the assistance of the
956 Office of the Chief Financial Officer, shall, within available
957 resources, provide technical content assistance to state
958 agencies contracting for energy, water, and wastewater
959 efficiency and conservation measures and engage in other
960 activities considered appropriate by the department for
961 promoting and facilitating guaranteed energy, water, and
962 wastewater performance contracting by state agencies. The
963 Department of Management Services shall review the investment
964 grade audit for each proposed project and certify that the cost
965 savings are appropriate and sufficient for the term of the
966 contract. The Office of the Chief Financial Officer, with the
967 assistance of the Department of Management Services, shall,
968 within available resources, develop model contractual and
969 related documents for use by state agencies. Before entering
970 into a guaranteed energy, water, and wastewater performance
971 savings contract, a contract or lease for third-party financing,
972 or any combination of such contracts, a state agency shall
973 submit such proposed contract or lease to the Office of the
974 Chief Financial Officer for review and approval. The Office of
975 the Chief Financial Officer shall complete its review and
976 approval within 10 business days after receiving the proposed
977 contract or lease. A proposed contract or lease with a state
978 agency must include the following:
979 (a) Supporting information required by s. 216.023(4)(i) s.
980 216.023(4)(a)9. in ss. 287.063(5) and 287.064(11). For contracts
981 approved under this section, the criteria may, at a minimum,
982 include the specification of a benchmark cost of capital and
983 minimum real rate of return on energy, water, or wastewater
984 savings against which proposals shall be evaluated.
985
986 The Office of the Chief Financial Officer shall not approve any
987 contract submitted under this section from a state agency that
988 does not meet the requirements of this section.
989 Section 19. Paragraph (c) of subsection (5) of section
990 985.619, Florida Statutes, is amended to read:
991 985.619 Florida Scholars Academy.—
992 (5) FUNDING.—
993 (c) The fiscal year for the Florida Scholars Academy is the
994 fiscal year of the state as defined in s. 216.011(1)(n) s.
995 216.011(1)(o).
996 Section 20. Paragraph (a) of subsection (2) of section
997 1002.37, Florida Statutes, is amended to read:
998 1002.37 The Florida Virtual School.—
999 (2) The Florida Virtual School shall be governed by a board
1000 of trustees comprised of seven members appointed by the Governor
1001 to 4-year staggered terms. The board of trustees shall be a
1002 public agency entitled to sovereign immunity pursuant to s.
1003 768.28, and board members shall be public officers who shall
1004 bear fiduciary responsibility for the Florida Virtual School.
1005 The board of trustees shall have the following powers and
1006 duties:
1007 (a)1. The board of trustees shall meet at least 4 times
1008 each year, upon the call of the chair, or at the request of a
1009 majority of the membership.
1010 2. The fiscal year for the Florida Virtual School shall be
1011 the state fiscal year as provided in s. 216.011(1)(p) s.
1012 216.011(1)(q).
1013
1014 The Governor shall designate the initial chair of the board of
1015 trustees to serve a term of 4 years. Members of the board of
1016 trustees shall serve without compensation, but may be reimbursed
1017 for per diem and travel expenses pursuant to s. 112.061. The
1018 board of trustees shall be a body corporate with all the powers
1019 of a body corporate and such authority as is needed for the
1020 proper operation and improvement of the Florida Virtual School.
1021 The board of trustees is specifically authorized to adopt rules,
1022 policies, and procedures, consistent with law and rules of the
1023 State Board of Education related to governance, personnel,
1024 budget and finance, administration, programs, curriculum and
1025 instruction, travel and purchasing, technology, students,
1026 contracts and grants, and property as necessary for optimal,
1027 efficient operation of the Florida Virtual School. Tangible
1028 personal property owned by the board of trustees shall be
1029 subject to the provisions of chapter 273.
1030 Section 21. For the purpose of incorporating the amendment
1031 made by this act to section 216.013, Florida Statutes, in a
1032 reference thereto, paragraph (d) of subsection (5) of section
1033 402.56, Florida Statutes, is reenacted to read:
1034 402.56 Children’s cabinet; organization; responsibilities;
1035 annual report.—
1036 (5) DUTIES AND RESPONSIBILITIES.—The Children and Youth
1037 Cabinet shall:
1038 (d) Design and implement actions that will promote
1039 collaboration, creativity, increased efficiency, information
1040 sharing, and improved service delivery between and within state
1041 governmental organizations that provide services for children
1042 and youth and their families. In particular, the efforts shall
1043 include the long-range planning process mandated by s. 216.013.
1044 Section 22. This act shall take effect July 1, 2025.