August 26, 2019
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_h1823__
HB 1823

1
A bill to be entitled
2An act relating to state planning and budgeting; amending
3s. 11.90, F.S.; revising membership provisions of the
4Legislative Budget Commission; providing for the
5appointment of presiding officers; revising requirements
6for meetings and a quorum; revising requirements for
7appointing the staff of the commission; requiring the
8commission to review budget amendments proposed by the
9Governor or Chief Justice; requiring the commission to
10develop a long-range financial outlook; requiring the
11commission to perform other duties prescribed by the
12Legislature; creating s. 11.91, F.S.; creating the
13Government Efficiency Task Force; providing for
14appointment of its members; requiring that the task force
15meet at specified intervals; authorizing the task force to
16conduct meetings through teleconferences or similar means;
17providing for members to be reimbursed for per diem and
18travel expenses; requiring the task force to complete its
19work within 1 year and report to the Legislative Budget
20Commission, the Governor, and the Chief Justice of the
21Supreme Court; amending s. 29.0095, F.S.; requiring the
22legislative appropriations committees to prescribe the
23format of budget expenditure reports; amending s.
24110.1245, F.S., relating to the savings sharing program;
25correcting a reference; amending s. 216.011, F.S.;
26revising and providing definitions; creating s. 216.012,
27F.S.; providing requirements for the long-range financial
28outlook prepared by the commission; requiring state
29agencies to provide certain information; specifying
30timeframes for state agencies and the commission in
31developing and completing the long-range financial
32outlook; amending s. 216.023, F.S.; clarifying certain
33requirements for legislative budget instructions; amending
34s. 216.065, F.S.; revising provisions relating to certain
35fiscal impact statements; requiring fiscal impact
36statements to be provided to the Legislative Budget
37Commission in addition to the legislative appropriations
38committees; requiring that such statements contain
39information concerning subsequent fiscal years; amending
40s. 216.162, F.S.; revising the date for the Governor's
41recommended budget to be furnished to the Legislature;
42removing a provision authorizing the presiding officers of
43the Legislature to approve submission of the Governor's
44recommended budget at a later date than otherwise
45required; amending s. 216.262, F.S., relating to the
46transfer of positions; correcting a reference; providing a
47contingent effective date.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Section 11.90, Florida Statutes, is amended to
52read:
53     11.90  Legislative Budget Commission.--
54     (1)  There is created the Legislative Budget Commission,
55which is the joint Legislative Budget Commission created in s.
5619, Art. III of the State Constitution, composed of seven
57members of the Senate appointed by the President of the Senate
58and seven members of the House of Representatives appointed by
59the Speaker of the House of Representatives. Each member shall
60serve at the pleasure of the officer who appointed the member. A
61vacancy on the commission shall be filled in the same manner as
62the original appointment. From November of each odd-numbered
63year through October of each even-numbered year, the chair of
64the commission shall be appointed by the President of the Senate
65and the vice chair of the commission shall be appointed by the
66Speaker of the House of Representatives. From November of each
67even-numbered year through October of each odd-numbered year,
68the chair of the commission shall be appointed the Speaker of
69the House of Representatives and the vice chair of the
70commission shall be appointed by the President of the Senate
71There is created a standing joint committee of the Legislature
72designated the Legislative Budget Commission, composed of 14
73members as follows: seven members of the Senate appointed by the
74President of the Senate, to include the chair of the Senate
75Budget Committee or its successor, and seven members of the
76House of Representatives appointed by the Speaker of the House
77of Representatives, to include the chair of the Fiscal
78Responsibility Council or its successor. The terms of members
79shall be for 2 years and shall run from the organization of one
80Legislature to the organization of the next Legislature.
81Vacancies occurring during the interim period shall be filled in
82the same manner as the original appointment. During even-
83numbered years, the chair of the commission shall be the chair
84of the Senate Budget Committee or its successor, and the vice
85chair of the commission shall be the chair of the House Fiscal
86Responsibility Council or its successor. During odd-numbered
87years, the chair of the commission shall be the chair of the
88House Fiscal Responsibility Council or its successor, and the
89vice chair of the commission shall be the chair of the Senate
90Budget Committee or its successor.
91     (2)  The Legislative Budget Commission shall be governed by
92joint rules of the Senate and the House of Representatives which
93shall remain in effect until repealed or amended by concurrent
94resolution.
95     (3)  The commission shall convene at the call of the
96President of the Senate and the Speaker of the House of
97Representatives at least quarterly. A majority of the commission
98members of each house plus one additional member from either
99house constitutes a quorum. The commission shall meet at least
100quarterly and more frequently at the direction of the presiding
101officers or upon call of the chair. A quorum shall consist of a
102majority of members from each house, plus one additional member
103from either house. Action by the commission requires a majority
104vote of the members present of each house.
105     (4)  The commission may conduct its meetings through
106teleconferences or other similar means.
107     (5)  The commission shall be staffed by legislative staff
108members, as assigned by the President of the Senate and the
109Speaker of the House of Representatives. The commission will be
110jointly staffed by the appropriations committees of the House of
111Representatives and the Senate. During even-numbered years, the
112Senate will serve as lead staff, and during odd-numbered years,
113the House of Representatives will serve as lead staff.
114     (6)  The commission shall have the power and duty to:
115     (a)  Review and approve or disapprove budget amendments
116proposed by the Governor or the Chief Justice of the Supreme
117Court as provided in chapter 216 Annually review the amount of
118state debt outstanding and submit to the President of the Senate
119and the Speaker of the House of Representatives an estimate of
120the maximum amount of additional state tax-supported debt that
121prudently may be authorized during the current fiscal year. The
122estimate shall be advisory and shall in no way bind the
123Legislature.
124     (b)  Develop the long-range financial outlook described in
125s. 19, Art. III of the State Constitution Promptly after
126receiving the report required by s. 215.98(2)(c), the commission
127shall submit to the President of the Senate and the Speaker of
128the House of Representatives the commission's estimate of tax-
129supported debt which prudently may be authorized for the next
130fiscal year, together with a report explaining the basis for the
131estimate.
132
133In addition to the powers and duties specified in this section,
134the commission shall exercise all other powers and perform any
135other duties prescribed by the Legislature.
136     (7)  The commission shall review information resources
137management needs identified in agency long-range program plans
138for consistency with the State Annual Report on Enterprise
139Resource Planning and Management and statewide policies adopted
140by the State Technology Office. The commission shall also review
141proposed budget amendments associated with information
142technology that involve more than one agency, that have an
143outcome that impacts another agency, or that exceed $500,000 in
144total cost over a 1-year period.
145     Section 2.  Section 11.91, Florida Statutes, is created to
146read:
147     11.91  Government Efficiency Task Force.--
148     (1)  There is created the Government Efficiency Task Force.
149The task force shall convene no later than January of 2007, and
150each fourth year thereafter. The task force shall be composed of
15113 members. Five members shall be appointed by the President of
152the Senate, five members shall be appointed by the Speaker of
153the House of Representatives, and three members shall be
154appointed by the Governor. Members of the task force may include
155representatives from the private sector, as designated by the
156President of the Senate, the Speaker of the House of
157Representatives, and the Governor. Each member shall serve at
158the pleasure of the officer who appointed the member. A vacancy
159on the task force shall be filled in the same manner as the
160original appointment. The terms of the members shall be for 1
161year.
162     (2)  The task force shall elect a chair from among its
163members.
164     (3)  The task force shall meet as necessary, but at least
165quarterly, at the call of the chair and at the time and place
166designated by the chair. The task force may conduct its meetings
167through teleconferences or other similar means.
168     (4)  Members of the task force are entitled to receive
169reimbursement for per diem and travel expenses pursuant to s.
170112.061.
171     (5)  The task force shall develop recommendations for
172improving governmental operations and reducing costs. Staff to
173assist the task force in performing its duties shall be assigned
174by the President of the Senate and the Speaker of the House of
175Representatives.
176     (6)  The task force shall complete its work within 1 year
177and submit its recommendations to the chair and vice chair of
178the Legislative Budget Commission, the Governor, and the Chief
179Justice of the Supreme Court. The task force may submit all or
180part of its recommendations at any time during the year, but a
181final report summarizing its recommendations must be submitted
182at the completion of its work.
183     Section 3.  Subsection (4) of section 29.0095, Florida
184Statutes, is amended to read:
185     29.0095  Budget expenditure reports.--
186     (4)  The appropriations committees of the Senate and the
187House of Representatives Legislative Budget Commission shall
188prescribe the format of the report required by this section in
189consultation with the Chief Justice and the Justice
190Administrative Commission.
191     Section 4.  Paragraph (b) of subsection (1) of section
192110.1245, Florida Statutes, is amended to read:
193     110.1245  Savings sharing program; bonus payments; other
194awards.--
195     (1)
196     (b)  Each agency head shall recommend employees
197individually or by group to be awarded an amount of money, which
198amount shall be directly related to the cost savings realized.
199Each proposed award and amount of money must be approved by the
200Legislative Budget Budgeting Commission.
201     Section 5.  Paragraph (h) of subsection (1) of section
202216.011, Florida Statutes, is amended, and paragraph (rr) is
203added to that subsection, to read:
204     216.011  Definitions.--
205     (1)  For the purpose of fiscal affairs of the state,
206appropriations acts, legislative budgets, and approved budgets,
207each of the following terms has the meaning indicated:
208     (h)  "Consultation" means communication on fiscal matters
209between the Governor and the Legislature to deliberate and seek
210advice in an open and forthright manner with the full committee,
211a subcommittee thereof, the chair, or the staff as deemed
212appropriate by the chair of the respective appropriations
213committee.
214     (rr)  "Long-range financial outlook" means a 3-year plan,
215developed by the commission and updated annually using official
216information, including, but not limited to, projections
217developed by the consensus estimating conferences, which
218projects state revenues and expenditures and provides the
219framework and context for legislative budget requests prepared
220by state agencies.
221     Section 6.  Section 216.012, Florida Statutes, is created
222to read:
223     216.012  Long-range financial outlook.--
224     (1)  The commission shall develop a long-range 3-year
225financial outlook and shall update that plan each year.
226     (2)  Each state agency shall provide information to the
227commission, based on the commission's direction, which supports
228the commission's development and updates of the long-range
229financial outlook.
230     (a)  By July 1 of each year, the commission shall provide
231the fiscal strategies of the long-range financial outlook to the
232state agencies.
233     (b)  By July 31 of each year, state agencies shall provide
234estimates of the funding that would be necessary to implement
235the fiscal strategies.
236     (c)  By August 15 of each year, the commission shall:
237     1.  Accept the estimates provided by an agency;
238     2.  Modify the estimates provided by an agency; or
239     3.  Direct an agency to modify its estimates, consistent
240with directions specified by the commission.
241     (d)  By August 31 of each year, an agency directed to
242modify its estimate shall provide new estimates to the
243commission.
244     (e)  By September 15 of each year, the commission shall
245complete the long-range financial outlook.
246     Section 7.  Subsections (1) and (13) of section 216.023,
247Florida Statutes, are amended, and paragraph (c) is added to
248subsection (4) of that section, to read:
249     216.023  Legislative budget requests to be furnished to
250Legislature by agencies.--
251     (1)  The head of each state agency, except as provided in
252subsection (2), shall submit a final legislative budget request
253to the Legislature and to the Governor, as chief budget officer
254of the state, in the form and manner prescribed in the budget
255instructions and at such time as specified by the Executive
256Office of the Governor, based on the agency's independent
257judgment of its needs. However, a no state agency may not shall
258submit its complete legislative budget request, including all
259supporting forms and schedules required by this chapter, later
260than October September 15 of any each year, unless an
261alternative date is agreed to be in the best interests of the
262state by the President of the Senate, the Speaker of the House
263of Representatives, and the Governor.
264     (4)
265     (c)  The legislative budget request submitted by each
266agency must reflect the long-range financial outlook adopted by
267the Legislative Budget Commission, either by basing specific
268requests on the long-range financial outlook or by explaining
269how any specific request varies from the long-range financial
270outlook.
271     (13)  In order to ensure an integrated state planning and
272budgeting process, the agency long-range plan should be reviewed
273by the Legislature. The legislative budget request instructions
274must provide for consistency between the agency's long-range
275plan and the agency's legislative budget request.
276     Section 8.  Section 216.065, Florida Statutes, is amended
277to read:
278     216.065  Fiscal impact statements on actions affecting the
279budget.--In addition to the applicable requirements of chapter
280120, before the Governor, or Governor and Cabinet as a body,
281performing any constitutional or statutory duty, or before any
282state agency or statutorily authorized entity takes take any
283final action that will affect revenues, directly require a
284request for an increased or new appropriation in the following 3
285fiscal years, year or that will transfer current year funds, it
286they shall first provide the Legislative Budget Commission and
287the legislative appropriations committees with a fiscal impact
288statement that details the effects of such action on the budget.
289The fiscal impact statement must specify the estimated budget
290and revenue impacts for the current year and the 2 subsequent
291fiscal years at the same level of detail required to support a
292legislative budget request, including amounts by appropriation
293category and fund.
294     Section 9.  Subsection (1) of section 216.162, Florida
295Statutes, is amended to read:
296     216.162  Governor's recommended budget to be furnished
297Legislature; copies to members.--
298     (1)  At least 30 45 days before the scheduled annual
299legislative session or such later date as is approved in writing
300by the President of the Senate and the Speaker of the House of
301Representatives, the Governor shall furnish each senator and
302representative a copy of his or her recommended balanced budget
303for the state, based on the Governor's own conclusions and
304judgment; provided, however, that in his or her first year in
305office a new Governor may request, subject to approval of the
306President of the Senate and the Speaker of the House of
307Representatives, that his or her recommended balanced budget be
308submitted at a later time prior to the Governor's first regular
309legislative session.
310     Section 10.  Paragraph (c) of subsection (1) of section
311216.262, Florida Statutes, is amended to read:
312     216.262  Authorized positions.--
313     (1)
314     (c)1.  The Executive Office of the Governor, under such
315procedures and qualifications as it deems appropriate, shall,
316upon agency request, delegate to any state agency authority to
317add and delete authorized positions or transfer authorized
318positions from one budget entity to another budget entity within
319the same division, and may approve additions and deletions of
320authorized positions or transfers of authorized positions within
321the state agency when such changes would enable the agency to
322administer more effectively its authorized and approved
323programs. The additions or deletions must be consistent with the
324intent of the approved operating budget, must be consistent with
325legislative policy and intent, and must not conflict with
326specific spending policies specified in the General
327Appropriations Act.
328     2.  The Chief Justice of the Supreme Court shall have the
329authority to establish procedures for the judicial branch to add
330and delete authorized positions or transfer authorized positions
331from one budget entity to another budget entity, and to add and
332delete authorized positions within the same budget entity, when
333such changes are consistent with legislative policy and intent
334and do not conflict with spending policies specified in the
335General Appropriations Act.
336     3.a.  A state agency may be eligible to retain salary
337dollars for authorized positions eliminated after July 1, 2001.
338The agency must certify the eliminated positions to the
339Legislative Budget Budgeting Commission.
340     b.  The Legislative Budget Budgeting Commission shall
341authorize the agency to retain 20 percent of the salary dollars
342associated with the eliminated positions and may authorize
343retention of a greater percentage. All such salary dollars shall
344be used for permanent salary increases.
345     Section 11.  This act shall take effect upon the effective
346date of the amendment to the State Constitution contained in
347House Joint Resolution No. ____, or a similar constitutional
348amendment, relating to the state budgeting, planning, and
349appropriations processes, if that amendment is approved by the
350electors at the general election to be held in November 2006.


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