October 16, 2019
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_h1825__
HB 1825

1
A bill to be entitled
2An act relating to the management of state financial
3matters; amending s. 14.2015, F.S.; requiring the Office
4of Tourism, Trade, and Economic Development and the
5Florida Commission on Tourism to advise and consult with
6the Consensus Estimating Conference principals concerning
7certain duties; amending s. 20.19, F.S.,; eliminating
8certain transfer authority of district administrators in
9the Department of Children and Family Services; amending
10s. 20.316, F.S., relating to the Department of Juvenile
11Justice information systems; correcting a reference;
12amending s. 45.062, F.S.; limiting the ability of agencies
13to settle lawsuits in certain circumstances; requiring
14that certain legislative officers and the Attorney General
15receive prior notice concerning settlement negotiations
16and presettlement agreements or orders; specifying that
17such notice is a condition precedent to an agency's
18authority to enter into such an agreement; providing
19certain exceptions; providing for the placement of
20settlement moneys paid to the state; requiring that
21certain legislative officers and the Attorney General
22receive prior notice concerning certain settlements
23involving a state agency or officer; amending s. 110.1239,
24F.S.; correcting a cross reference; amending s. 110.1245,
25F.S., relating to a savings sharing program; correcting a
26reference; amending s. 215.32, F.S.; providing for
27unallocated general revenue; revising a provision relating
28to the restoration of expenditures from the Budget
29Stabilization Fund; revising requirements and uses of
30Working Capital Fund moneys; amending s. 215.5601, F.S.;
31revising provisions relating to appropriations to and uses
32of the Lawton Chiles Endowment Fund; amending ss. 215.93
33and 215.94, F.S.; revising duties of the Financial
34Management Information Board, the functional owners of
35information subsystems, and the Auditor General relating
36to the Florida Financial Management Information System;
37amending s. 215.97, F.S., relating to the Florida Single
38Audit Act; revising and providing definitions; revising
39the uniform state audit requirements for state financial
40assistance provided by state agencies to nonstate
41entities; requiring the Department of Financial Services
42to adopt rules and perform additional duties with respect
43to the provision of financial assistance to carry out
44state projects; revising duties of the Executive Office of
45the Governor and Chief Financial Officer and specifying
46duties of coordinating agencies; exempting certain
47nonstate entities from the requirements of the Florida
48Single Audit Act; amending s. 216.011, F.S.; revising and
49providing definitions; amending s. 216.013, F.S.; revising
50requirements for the long-range program plans developed by
51state agencies and the judicial branch; providing for the
52preparation of form, manner, and timeframe instructions
53for such plans; revising the plan submission date;
54revising the date by which to submit adjustments to such
55plans; requiring the plans to be posted on the Internet;
56providing that long-range program plans are exempt from
57ch. 120; amending s. 216.023, F.S.; providing for
58alternate dates for agencies to submit legislative budget
59requests; requiring and specifying additional information
60in legislative budget requests; revising requirements of
61the judicial branch's legislative budget requests;
62revising duties of the Executive Office of the Governor,
63the Legislature, and the Chief Justice relating to
64legislative budget requests; amending s. 216.031, F.S.;
65revising requirements for target budget requests; amending
66s. 216.052, F.S.; deleting certain requirements relating
67to community budget requests; amending s. 216.053, F.S.;
68deleting the requirement that the General Appropriations
69Act contain summary information concerning performance-
70based program budgets; amending s. 216.065, F.S.; revising
71requirements relating to fiscal impact statements on
72actions affecting the budget; amending s. 216.081, F.S.;
73providing data requirements for the Governor's recommended
74budget under certain circumstances; amending s. 216.133,
75F.S.; deleting references to conform; amending s. 216.134,
76F.S.; stipulating that consensus estimating conferences
77are within the legislative branch; revising provisions
78relating to public meetings of consensus estimating
79conferences; amending s. 216.136, F.S.; deleting
80provisions for the Child Welfare System Estimating
81Conference and the Juvenile Justice Estimating Conference;
82amending s. 216.162, F.S.; revising the date for the
83Governor to submit the recommended budget to the
84Legislature; amending s. 216.163, F.S.; authorizing the
85Governor's budget recommendation to include an alternative
86recommendation for operating and fixed capital outlay
87appropriations to that of the Chief Justice; amending s.
88216.167, F.S.; deleting references to the Working Capital
89Fund, to conform; amending s. 216.168, F.S.; deleting
90provisions exempting the Governor from a requirement to
91submit amended recommendations; amending s. 216.177, F.S.;
92revising notice and review requirements for actions taken
93under ch. 216, F.S., to provide for funds expended in
94settlement of agency litigation; deleting an obsolete
95provision; amending s. 216.181, F.S.; requiring approval
96of certain amendments to an approved operating budget by
97the Legislative Budget Commission; revising requirements
98for determining salary rates; authorizing the Legislative
99Budget Commission to approve salary rates; revising
100provisions relating to how the annual salary rate is
101determined and controlled; deleting certain notice
102requirements; requiring that the legislative
103appropriations committees approve certain nonoperating
104budgets; deleting the authority to advance certain
105contracted services funds in the Department of Children
106and Family Service and the Department of Health; amending
107s. 216.192, F.S.; requiring operational work plans and
108status reports for certain information technology
109projects; authorizing agencies to request release of
110appropriated funds consistent with the release plan
111provided in the operational work plan; deleting provisions
112authorizing the legislative appropriations committees to
113provide advice regarding the release of funds; authorizing
114the Executive Office of the Governor and the Chief Justice
115to place appropriations in mandatory reserve or budget
116reserve; amending s. 216.195, F.S.; deleting certain
117notice and review requirements for the impoundment of
118funds; amending s. 216.221, F.S.; authorizing the
119Legislature to direct the use of any state funds in an
120appropriations act to offset General Revenue Fund
121deficits; revising requirements for adjusting budgets in
122order to avoid or eliminate a deficit; revising procedures
123for certifying a budget deficit; revising requirements for
124the Governor and the Chief Justice in developing plans of
125action; requiring that the Legislative Budget Commission
126implement certain reductions in appropriations; revising
127requirements for resolving deficits; requiring that
128certain actions to resolve a deficit be approved by the
129Legislative Budget Commission; amending s. 216.231, F.S.,
130relating to the release of classified appropriations, to
131conform; amending s. 216.235, F.S.; limiting the funding
132of certain proposals under the Innovation Investment
133Program; correcting references; amending s. 216.241, F.S.;
134requiring that the initiation or commencement of new
135programs be approved by the Legislative Budget Commission;
136deleting certain notice requirements; amending s. 216.251,
137F.S.; correcting a reference; revising requirements for
138establishing certain salaries; amending s. 216.262, F.S.;
139requiring the Legislative Budget Commission to approve
140certain increases in the number of positions for
141authorized programs; deleting provisions authorizing an
142agency to retain salary dollars under certain
143circumstances; amending s. 216.292, F.S.; revising
144provisions relating to the transferability of
145appropriations; revising limitations on the
146transferability of appropriations; prohibiting spending
147fixed capital outlay for other purposes; providing notice
148and review requirements prior to implementation of certain
149transfers; prohibiting transferring appropriations except
150as otherwise provided by law; providing certain
151exceptions; amending s. 216.301, F.S.; revising
152requirements for continuing unexpended balances of
153appropriations for fixed capital outlay; requiring
154approval by the Executive Office of the Governor;
155authorizing the President of the Senate and the Speaker of
156the House of Representatives to provide for the retention
157of certain balances from legislative budget entities;
158revising the certification forward process for operating
159appropriations; amending s. 218.60, F.S.; deleting an
160obsolete provision; amending ss. 252.37 and 265.55, F.S.;
161deleting certain references to the Working Capital Fund,
162to conform; amending s. 288.7091, F.S.; correcting a cross
163reference; amending s. 320.20, F.S.; providing duties of
164the Chief Financial Officer with respect to the deposit of
165certain trust fund moneys; amending s. 337.023, F.S.;
166correcting a cross reference; amending s. 339.135, F.S.;
167revising requirements for the tentative work programs
168submitted by the Department of Transportation; requiring
169that the Legislative Budget Commission approve certain
170extensions of spending authority; revising requirements
171for amending certain work programs; amending 373.6065,
172F.S.; correcting a cross reference; amending s. 381.0303,
173F.S.; authorizing the Department of Health to obtain
174reimbursement for special needs shelters from
175unappropriated moneys in the General Revenue Fund;
176amending s. 392.69, F.S.; correcting a cross reference;
177amending s. 409.906, F.S.; deleting provisions authorizing
178the Department of Children and Family Services to transfer
179certain funds in excess of the amount specified in the
180General Appropriations Act; amending s. 409.912, F.S.,
181relating to the transfer of certain funds from the
182Department of Elderly Affairs to the Agency for Health
183Care Administration, to conform; amending 409.16745, F.S.;
184eliminating 72-hour notification for transfer of budget
185authority for the community partnership matching grant
186program; amending ss. 468.392 and 475.484, F.S.; deleting
187provisions exempting funds in the Auctioneer Recovery Fund
188and the Real Estate Recovery Fund from limitations imposed
189by an appropriation act; amending s. 921.001, F.S.;
190requiring the Legislature to make certain determinations
191with respect to legislation affecting the prison
192population; amending s. 1003.03, F.S.; correcting a cross
193reference; amending s. 1009.536, F.S.; deleting duties of
194the Workforce Estimating Conference with respect to
195certain career education programs; providing for
196references to the Working Capital Fund in certain
197appropriations and proviso language to be replaced with a
198reference to the General Revenue Fund; repealing s.
199216.1825, F.S., relating to zero-based budgeting;
200repealing s. 216.183, F.S., relating to entities using
201performance-based program budgets; repealing s. 288.1234,
202F.S., relating to the guaranty of state obligations and
203the Olympic Games Guaranty Account; providing effective
204dates.
205
206Be It Enacted by the Legislature of the State of Florida:
207
208     Section 1.  Subsection (8) of section 14.2015, Florida
209Statutes, is amended to read:
210     14.2015  Office of Tourism, Trade, and Economic
211Development; creation; powers and duties.--
212     (8)  The Office of Tourism, Trade, and Economic Development
213shall ensure that the contract between the Florida Commission on
214Tourism and the commission's direct-support organization
215contains a provision to provide the data on the visitor counts
216and visitor profiles used in revenue estimating, employing the
217same methodology used in fiscal year 1995-1996 by the Department
218of Commerce. The Office of Tourism, Trade, and Economic
219Development and the Florida Commission on Tourism must advise
220and consult reach agreement with the Consensus Estimating
221Conference principals before making any changes in methodology
222used or information gathered.
223     Section 2.  Paragraph (b) of subsection (5) of section
22420.19, Florida Statutes, is amended to read:
225     20.19  Department of Children and Family Services.--There
226is created a Department of Children and Family Services.
227     (5)  SERVICE DISTRICTS.--
228     (b)1.  The secretary shall appoint a district administrator
229for each of the service districts. The district administrator
230shall serve at the pleasure of the secretary and shall perform
231such duties as assigned by the secretary. Subject to the
232approval of the secretary, such duties shall include
233transferring up to 10 percent of the total district budget, the
234provisions of ss. 216.292 and 216.351 notwithstanding.
235     2.  For the 2003-2004 fiscal year only, the transfer
236authority provided in this subsection must be specifically
237appropriated in the 2003-2004 General Appropriations Act and
238shall be pursuant to the requirements of s. 216.292. This
239subparagraph expires July 1, 2004.
240     3.  For the 2004-2005 fiscal year only, the transfer
241authority provided in this subsection is available to the
242department without further restriction other than as contained
243in this subsection. This subparagraph expires July 1, 2005.
244     Section 3.  Paragraph (d) of subsection (4) of section
24520.316, Florida Statutes, is amended to read:
246     20.316  Department of Juvenile Justice.--There is created a
247Department of Juvenile Justice.
248     (4)  INFORMATION SYSTEMS.--
249     (d)  The management information system shall, at a minimum:
250     1.  Facilitate case management of juveniles referred to or
251placed in the department's custody.
252     2.  Provide timely access to current data and computing
253capacity to support outcome evaluation, legislative oversight,
254the Juvenile Justice Estimating Conference, and other research.
255     3.  Provide automated support to the quality assurance and
256program review functions.
257     4.  Provide automated support to the contract management
258process.
259     5.  Provide automated support to the facility operations
260management process.
261     6.  Provide automated administrative support to increase
262efficiency, provide the capability of tracking expenditures of
263funds by the department or contracted service providers that are
264eligible for federal reimbursement, and reduce forms and
265paperwork.
266     7.  Facilitate connectivity, access, and utilization of
267information among various state agencies, and other state,
268federal, local, and private agencies, organizations, and
269institutions.
270     8.  Provide electronic public access to juvenile justice
271information, which is not otherwise made confidential by law or
272exempt from the provisions of s. 119.07(1).
273     9.  Provide a system for the training of information system
274users and user groups.
275     Section 4.  Effective July 1, 2006, section 45.062, Florida
276Statutes, is amended to read:
277     45.062  Settlements, conditions, or orders when an agency
278of the executive branch is a party.--
279     (1)  In any civil action in which a state executive branch
280agency or officer is a party in state or federal court, the
281officer, agent, official, or attorney who represents or is
282acting on behalf of such agency or officer may not settle such
283action, consent to any condition, or agree to any order in
284connection therewith, if the settlement, condition, or order
285requires the expenditure of or the obligation to expend any
286state funds or other state resources, the refund or future loss
287of state revenues exceeding $10 million, or the establishment of
288any new program, unless:
289     (a)  The expenditure is provided for by an existing
290appropriation or program established by law.; and
291     (b)  At the time settlement negotiations have begun in
292earnest, written notification is given to the President of the
293Senate, the Speaker of the House of Representatives, the Senate
294and House of Representatives minority leaders, the chairs of the
295appropriations committees of the Legislature, and the Attorney
296General.
297     (c)(b)  Prior written notification is given at least within
2985 business days before of the date the settlement or
299presettlement agreement or order is to be made final to the
300President of the Senate, the Speaker of the House of
301Representatives, the Senate and House of Representatives
302minority leaders, the chairs of the appropriations committees of
303the Legislature, and the Attorney General. Such notification is
304a condition precedent to the agency's authority to enter into
305the settlement or presettlement agreement and shall be subject
306to the review and objection procedures of s. 216.177. Such
307notification shall specify how the agency involved will address
308the costs in future years within the limits of current
309appropriations.
310     1.  The Division of Risk Management need not give the
311notification required by this paragraph when settling any claim
312covered by the state self-insurance program for an amount less
313than $100,000.
314     2.  The notification specified in this paragraph is not
315required if the only settlement obligation of the state
316resulting from the claim is to pay court costs in an amount less
317than $10,000.
318     (2)  The state executive branch agency or officer shall
319negotiate a closure date as soon as possible for the civil
320action.
321     (3)  The state executive branch agency or officer may not
322pledge any current or future action of another branch of state
323government as a condition for settling the civil action.
324     (4)  Any settlement that commits the state to spending in
325excess of current appropriations or to policy changes
326inconsistent with current state law shall be contingent upon and
327subject to legislative appropriation or statutory amendment. The
328state agency or officer may agree to use all efforts to procure
329legislative funding or statutory amendment.
330     (5)  When a state agency or officer settles an action or
331legal claim in which the state asserted a right to recover
332money, all moneys paid to the state by a party in full or
333partial exchange for a release of the state's claim shall be
334placed unobligated into the General Revenue Fund or the
335appropriate trust fund. A settlement may not authorize or ratify
336any payment outside the State Treasury other than to a person,
337as defined in s. 1.01, suffering an injury arising out of the
338transaction or course of conduct giving rise to the settled
339claim. This subsection shall not limit the right of a private
340party to settle a claim independent of the settlement by a
341public party.
342     (6)(5)  State executive branch agencies and officers shall
343report to each substantive and fiscal committee of the
344Legislature having jurisdiction over the reporting agency on all
345potential settlements that may commit the state to:
346     (a)  Spend in excess of current appropriations; or
347     (b)  Make policy changes inconsistent with current state
348law.
349
350The state executive branch agency or officer shall provide
351periodic updates to the appropriate legislative committees on
352these issues during the settlement process.
353     (7)  In any civil action in which a state executive branch
354agency or officer is a party in state or federal court, the
355officer, agent, official, or attorney who represents or is
356acting on behalf of such agency or officer may not settle such
357action if the settlement requires the other party to commit
358funds to a particular purpose as a condition of the settlement,
359unless at least 5 business days before the date the settlement
360agreement is to be made final, written notice is given to the
361President of the Senate, the Speaker of the House of
362Representatives, the Senate and House of Representatives
363minority leaders, the chairs of the appropriations committees of
364the Legislature, and the Attorney General. Such notification is
365a condition precedent to the agency's authority to enter into
366the settlement and is subject to the review and objection
367procedures of s. 216.177.
368     Section 5.  Subsection (1) of section 110.1239, Florida
369Statutes, is amended to read:
370     110.1239  State group health insurance program funding.--It
371is the intent of the Legislature that the state group health
372insurance program be managed, administered, operated, and funded
373in such a manner as to maximize the protection of state employee
374health insurance benefits. Inherent in this intent is the
375recognition that the health insurance liabilities attributable
376to the benefits offered state employees should be fairly,
377orderly, and equitably funded. Accordingly:
378     (1)  The division shall determine the level of premiums
379necessary to fully fund the state group health insurance program
380for the next fiscal year. Such determination shall be made after
381each Self-Insurance Estimating Conference as provided in s.
382216.136(9)(11), but not later than December 1 and April 1 of
383each fiscal year.
384     Section 6.  Paragraph (b) of subsection (1) of section
385110.1245, Florida Statutes, is amended to read:
386     110.1245  Savings sharing program; bonus payments; other
387awards.--
388     (1)
389     (b)  Each agency head shall recommend employees
390individually or by group to be awarded an amount of money, which
391amount shall be directly related to the cost savings realized.
392Each proposed award and amount of money must be approved by the
393Legislative Budget Budgeting Commission.
394     Section 7.  Section 215.32, Florida Statutes, is amended to
395read:
396     215.32  State funds; segregation.--
397     (1)  All moneys received by the state shall be deposited in
398the State Treasury unless specifically provided otherwise by law
399and shall be deposited in and accounted for by the Chief
400Financial Officer within the following funds, which funds are
401hereby created and established:
402     (a)  General Revenue Fund.
403     (b)  Trust funds.
404     (c)  Working Capital Fund.
405     (c)(d)  Budget Stabilization Fund.
406     (2)  The source and use of each of these funds shall be as
407follows:
408     (a)  The General Revenue Fund shall consist of all moneys
409received by the state from every source whatsoever, except as
410provided in paragraphs (b) and (c). Such moneys shall be
411expended pursuant to General Revenue Fund appropriations acts,
412or transferred as provided in paragraph (c), or maintained as
413unallocated general revenue. Unallocated general revenue shall
414be considered the working capital balance of the state and shall
415consist of moneys in the General Revenue Fund that are in excess
416of the amount needed to meet General Revenue Fund appropriations
417for the current fiscal year. Annually, at least 5 percent of the
418estimated increase in General Revenue Fund receipts for the
419upcoming fiscal year over the current year General Revenue Fund
420effective appropriations shall be appropriated for state-level
421capital outlay, including infrastructure improvement and general
422renovation, maintenance, and repairs.
423     (b)1.  The trust funds shall consist of moneys received by
424the state which under law or under trust agreement are
425segregated for a purpose authorized by law. The state agency or
426branch of state government receiving or collecting such moneys
427shall be responsible for their proper expenditure as provided by
428law. Upon the request of the state agency or branch of state
429government responsible for the administration of the trust fund,
430the Chief Financial Officer may establish accounts within the
431trust fund at a level considered necessary for proper
432accountability. Once an account is established within a trust
433fund, the Chief Financial Officer may authorize payment from
434that account only upon determining that there is sufficient cash
435and releases at the level of the account.
436     2.  In addition to other trust funds created by law, to the
437extent possible, each agency shall use the following trust funds
438as described in this subparagraph for day-to-day operations:
439     a.  Operations or operating trust fund, for use as a
440depository for funds to be used for program operations funded by
441program revenues, with the exception of administrative
442activities when the operations or operating trust fund is a
443proprietary fund.
444     b.  Operations and maintenance trust fund, for use as a
445depository for client services funded by third-party payors.
446     c.  Administrative trust fund, for use as a depository for
447funds to be used for management activities that are departmental
448in nature and funded by indirect cost earnings and assessments
449against trust funds. Proprietary funds are excluded from the
450requirement of using an administrative trust fund.
451     d.  Grants and donations trust fund, for use as a
452depository for funds to be used for allowable grant or donor
453agreement activities funded by restricted contractual revenue
454from private and public nonfederal sources.
455     e.  Agency working capital trust fund, for use as a
456depository for funds to be used pursuant to s. 216.272.
457     f.  Clearing funds trust fund, for use as a depository for
458funds to account for collections pending distribution to lawful
459recipients.
460     g.  Federal grant trust fund, for use as a depository for
461funds to be used for allowable grant activities funded by
462restricted program revenues from federal sources.
463
464To the extent possible, each agency must adjust its internal
465accounting to use existing trust funds consistent with the
466requirements of this subparagraph. If an agency does not have
467trust funds listed in this subparagraph and cannot make such
468adjustment, the agency must recommend the creation of the
469necessary trust funds to the Legislature no later than the next
470scheduled review of the agency's trust funds pursuant to s.
471215.3206.
472     3.  All such moneys are hereby appropriated to be expended
473in accordance with the law or trust agreement under which they
474were received, subject always to the provisions of chapter 216
475relating to the appropriation of funds and to the applicable
476laws relating to the deposit or expenditure of moneys in the
477State Treasury.
478     4.a.  Notwithstanding any provision of law restricting the
479use of trust funds to specific purposes, unappropriated cash
480balances from selected trust funds may be authorized by the
481Legislature for transfer to the Budget Stabilization Fund and
482General Revenue Working Capital Fund in the General
483Appropriations Act.
484     b.  This subparagraph does not apply to trust funds
485required by federal programs or mandates; trust funds
486established for bond covenants, indentures, or resolutions whose
487revenues are legally pledged by the state or public body to meet
488debt service or other financial requirements of any debt
489obligations of the state or any public body; the State
490Transportation Trust Fund; the trust fund containing the net
491annual proceeds from the Florida Education Lotteries; the
492Florida Retirement System Trust Fund; trust funds under the
493management of the State Board of Education Board of Regents,
494where such trust funds are for auxiliary enterprises, self-
495insurance, and contracts, grants, and donations, as those terms
496are defined by general law; trust funds that serve as clearing
497funds or accounts for the Chief Financial Officer or state
498agencies; trust funds that account for assets held by the state
499in a trustee capacity as an agent or fiduciary for individuals,
500private organizations, or other governmental units; and other
501trust funds authorized by the State Constitution.
502     (c)1.  The Budget Stabilization Fund shall consist of
503amounts equal to at least 5 percent of net revenue collections
504for the General Revenue Fund during the last completed fiscal
505year. The Budget Stabilization Fund's principal balance shall
506not exceed an amount equal to 10 percent of the last completed
507fiscal year's net revenue collections for the General Revenue
508Fund. As used in this paragraph, the term "last completed fiscal
509year" means the most recently completed fiscal year prior to the
510regular legislative session at which the Legislature considers
511the General Appropriations Act for the year in which the
512transfer to the Budget Stabilization Fund must be made under
513this paragraph.
514     2.  By September 15 of each year, the Governor shall
515authorize the Chief Financial Officer to transfer, and the Chief
516Financial Officer shall transfer pursuant to appropriations made
517by law, to the Budget Stabilization Fund the amount of money
518needed for the balance of that fund to equal the amount
519specified in subparagraph 1., less any amounts expended and not
520restored. The moneys needed for this transfer may be
521appropriated by the Legislature from any funds.
522     3.  Unless otherwise provided in this subparagraph, an
523expenditure from the Budget Stabilization Fund must be restored
524pursuant to a restoration schedule that provides for making five
525equal annual transfers from the General Revenue Fund, beginning
526in the third fiscal year following that in which the expenditure
527was made. For any Budget Stabilization Fund expenditure, the
528Legislature may establish by law a different restoration
529schedule and such change may be made at any time during the
530restoration period. Moneys are hereby appropriated for transfers
531pursuant to this subparagraph.
532     4.  The Budget Stabilization Fund and the Working Capital
533Fund may be used as a revolving fund funds for transfers as
534provided in s. 215.18 17.61; however, any interest earned must
535be deposited in the General Revenue Fund.
536     5.  The Chief Financial Officer and the Department of
537Management Services shall transfer funds to water management
538districts to pay eligible water management district employees
539for all benefits due under s. 373.6065, as long as funds remain
540available for the program described under s. 110.152 100.152.
541     (d)  The Working Capital Fund shall consist of moneys in
542the General Revenue Fund which are in excess of the amount
543needed to meet General Revenue Fund appropriations for the
544current fiscal year. Each year, no later than the publishing
545date of the annual financial statements for the state by the
546Chief Financial Officer under s. 216.102, funds shall be
547transferred between the Working Capital Fund and the General
548Revenue Fund to establish the balance of the Working Capital
549Fund for that fiscal year at the amount determined pursuant to
550this paragraph.
551     Section 8.  Paragraphs (a) and (f) of subsection (5) of
552section 215.5601, Florida Statutes, are amended to read:
553     215.5601  Lawton Chiles Endowment Fund.--
554     (5)  AVAILABILITY OF FUNDS; USES.--
555     (a)  Funds from the endowment which are available for
556legislative appropriation shall be transferred by the board to
557the Department of Financial Services Tobacco Settlement Clearing
558Trust Fund, created in s. 17.41, and disbursed in accordance
559with the legislative appropriation.
560     1.  Appropriations by the Legislature to the Department of
561Health from endowment earnings from the principal set aside for
562biomedical research shall be from a category called the James
563and Esther King Biomedical Research Program and shall be
564deposited into the Biomedical Research Trust Fund in the
565Department of Health established in s. 20.435.
566     2.  Appropriations by the Legislature to the Department of
567Children and Family Services, the Department of Health, or the
568Department of Elderly Affairs from endowment earnings for health
569and human services programs shall be from a category called the
570Lawton Chiles Endowment Fund Programs and shall be deposited
571into each department's respective Tobacco Settlement Trust Fund
572as appropriated.
573     (f)  When advised by the Revenue Estimating Conference that
574a deficit will occur with respect to the appropriations from the
575tobacco settlement trust funds of the state agencies in any
576fiscal year, the Governor shall develop a plan of action to
577eliminate the deficit. Before implementing the plan of action,
578the Governor must comply with s. 216.177(2). In developing the
579plan of action, the Governor shall, to the extent possible,
580preserve legislative policy and intent, and, absent any specific
581directions to the contrary in the General Appropriations Act,
582any reductions in appropriations from the tobacco settlement
583trust funds of the state agencies for a fiscal year shall be
584prorated among the specific appropriations made from all tobacco
585settlement trust funds of the state agencies for that year.
586     Section 9.  Subsection (3) of section 215.93, Florida
587Statutes, is amended to read:
588     215.93  Florida Financial Management Information System.--
589     (3)  The Florida Financial Management Information System
590shall include financial management data and utilize the chart of
591accounts approved by the Chief Financial Officer. Common
592financial management data shall include, but not be limited to,
593data codes, titles, and definitions used by one or more of the
594functional owner subsystems. The Florida Financial Management
595Information System shall utilize common financial management
596data codes. The council shall recommend and the board shall
597adopt policies regarding the approval and publication of the
598financial management data. The Chief Financial Officer shall
599adopt policies regarding the approval and publication of the
600chart of accounts. The Chief Financial Officer's chart of
601accounts shall be consistent with the common financial
602management data codes established by the coordinating council.
603Further, all systems not a part of the Florida Financial
604Management Information System which provide information to the
605system shall use the common data codes from the Florida
606Financial Management Information System and the Chief Financial
607Officer's chart of accounts. Data codes that cannot be supplied
608by the Florida Financial Management Information System and the
609Chief Financial Officer's chart of accounts and that are
610required for use by the information subsystems shall be approved
611by the board upon recommendation of the coordinating council.
612However, board approval shall not be required for those data
613codes specified by the Auditor General under the provisions of
614s. 215.94(6)(c).
615     Section 10.  Subsection (6) of section 215.94, Florida
616Statutes, is amended to read:
617     215.94  Designation, duties, and responsibilities of
618functional owners.--
619     (6)(a)  Consistent with the provisions of s. 215.86, the
620respective functional owner of each information subsystem shall
621be responsible for ensuring The Auditor General shall be advised
622by the functional owner of each information subsystem as to the
623date that the development or significant modification of its
624functional system specifications is to begin.
625     (b)  Upon such notification, the Auditor General shall
626participate with each functional owner to the extent necessary
627to provide assurance that:
628     1.  The accounting information produced by the information
629subsystem adheres to generally accepted accounting principles.
630     2.  The information subsystem contains the necessary
631controls to maintain its integrity, within acceptable limits and
632at an acceptable cost.
633     3.  The information subsystem is auditable.
634     (b)(c)  The Auditor General shall be advised by the
635functional owner of each information subsystem as to the date
636that the development or significant modification of its
637functional system specifications is to begin. The Auditor
638General shall provide technical advice, as allowed by
639professional auditing standards, on specific issues relating to
640the design, implementation, and operation of each information
641subsystem specify those additional features, characteristics,
642controls, and internal control measures deemed necessary to
643carry out the provisions of this subsection. Further, it shall
644be the responsibility of each functional owner to ensure
645installation and incorporation of such specified features,
646characteristics, controls, and internal control measures within
647each information subsystem.
648     Section 11.  Section 215.97, Florida Statutes, is amended
649to read:
650     215.97  Florida Single Audit Act.--
651     (1)  The purposes of the section are to:
652     (a)  Establish uniform state audit requirements for state
653financial assistance provided by state agencies to nonstate
654entities to carry out state projects.
655     (b)  Promote sound financial management, including
656effective internal controls, with respect to state financial
657assistance administered by nonstate entities.
658     (c)  Promote audit economy and efficiency by relying to the
659extent possible on already required audits of federal financial
660assistance provided to nonstate entities.
661     (d)  Provide for identification of state financial
662assistance transactions in the appropriations act, state
663accounting records, and recipient organization records.
664     (e)  Promote improved coordination and cooperation within
665and between affected state agencies providing state financial
666assistance and nonstate entities receiving state assistance.
667     (f)  Ensure, to the maximum extent possible, that state
668agencies monitor, use, and followup on audits of state financial
669assistance provided to nonstate entities.
670     (2)  Definitions; as used in this section, the term:
671     (a)  "Audit threshold" means the threshold amount used to
672determine to use in determining when a state single audit or
673project-specific audit of a nonstate entity shall be conducted
674in accordance with this section. Each nonstate entity that
675expends a total amount of state financial assistance equal to or
676in excess of $500,000 $300,000 in any fiscal year of such
677nonstate entity shall be required to have a state single audit,
678or a project-specific audit, for such fiscal year in accordance
679with the requirements of this section. Every 2 years the Auditor
680General, after consulting with the Executive Office of the
681Governor, the Department of Financial Services Chief Financial
682Officer, and all state awarding agencies that provide state
683financial assistance to nonstate entities, shall review the
684threshold amount for requiring audits under this section and may
685adjust such threshold dollar amount consistent with the purposes
686purpose of this section.
687     (b)  "Auditing standards" means the auditing standards as
688stated in the rules of the Auditor General as applicable to for-
689profit organizations, nonprofit organizations, or local
690governmental entities.
691     (c)  "Catalog of State Financial Assistance" means a
692comprehensive listing of state projects. The Catalog of State
693Financial Assistance shall be issued by the Department of
694Financial Services Executive Office of the Governor after
695conferring with the Executive Office of the Governor Chief
696Financial Officer and all state awarding agencies that provide
697state financial assistance to nonstate entities. The Catalog of
698State Financial Assistance shall include for each listed state
699project: the responsible state awarding agency; standard state
700project number identifier; official title; legal authorization;
701and description of the state project, including objectives,
702restrictions, application and awarding procedures, and other
703relevant information determined necessary.
704     (d)  "Coordinating agency" means the state awarding agency
705that provides the predominant amount of state financial
706assistance expended by a recipient, as determined by the
707recipient's Schedule of Expenditures of State Financial
708Assistance. To provide continuity, the determination of the
709predominant amount of state financial assistance shall be based
710upon state financial assistance expended in the recipient's
711fiscal years ending in 2006, 2009, and 2012, and every third
712year thereafter.
713     (e)(d)  "Financial reporting package" means the nonstate
714entities' financial statements, Schedule of Expenditures of
715State Financial Assistance, auditor's reports, management
716letter, auditee's written responses or corrective action plan,
717correspondence on followup of prior years' corrective actions
718taken, and such other information determined by the Auditor
719General to be necessary and consistent with the purposes of this
720section.
721     (f)(e)  "Federal financial assistance" means financial
722assistance from federal sources passed through the state and
723provided to nonstate organizations entities to carry out a
724federal program. "Federal financial assistance" includes all
725types of federal assistance as defined in applicable United
726States Office of Management and Budget circulars.
727     (g)(f)  "For-profit organization" means any organization or
728sole proprietor that but is not a local governmental entity or a
729nonprofit organization.
730     (h)(g)  "Independent auditor" means an independent external
731state or local government auditor or a certified public
732accountant licensed under chapter 473 who meets the independence
733standards.
734     (i)(h)  "Internal control over state projects" means a
735process, effected by a nonstate an entity's management and other
736personnel, designed to provide reasonable assurance regarding
737the achievement of objectives in the following categories:
738     1.  Effectiveness and efficiency of operations.
739     2.  Reliability of financial operations.
740     3.  Compliance with applicable laws and regulations.
741     (j)(i)  "Local governmental entity" means a county as a
742whole agency, municipality, or special district or any other
743entity excluding (other than a district school board, charter
744school, or community college), or public university, however
745styled, which independently exercises any type of governmental
746function within the state.
747     (k)(j)  "Major state project" means any state project
748meeting the criteria as stated in the rules of the Department of
749Financial Services Executive Office of the Governor. Such
750criteria shall be established after consultation with all the
751Chief Financial Officer and appropriate state awarding agencies
752that provide state financial assistance and shall consider the
753amount of state project expenditures and or expenses or inherent
754risks. Each major state project shall be audited in accordance
755with the requirements of this section.
756     (l)(k)  "Nonprofit organization" means any corporation,
757trust, association, cooperative, or other organization that:
758     1.  Is operated primarily for scientific, educational
759service, charitable, or similar purpose in the public interest.;
760     2.  Is not organized primarily for profit.;
761     3.  Uses net proceeds to maintain, improve, or expand the
762operations of the organization.; and
763     4.  Has no part of its income or profit distributable to
764its members, directors, or officers.
765     (m)(l)  "Nonstate entity" means a local governmental
766entity, nonprofit organization, or for-profit organization that
767receives state financial assistance resources.
768     (n)(m)  "Recipient" means a nonstate entity that receives
769state financial assistance directly from a state awarding
770agency.
771     (o)(n)  "Schedule of Expenditures of State Financial
772Assistance" means a document prepared in accordance with the
773rules of the Department of Financial Services Chief Financial
774Officer and included in each financial reporting package
775required by this section.
776     (p)(o)  "State awarding agency" means a the state agency,
777as defined in s. 216.011, that is primarily responsible for the
778operations and outcomes of a state project, regardless of the
779state agency that actually provides provided state financial
780assistance to a the nonstate entity.
781     (q)(p)  "State financial assistance" means financial
782assistance from state resources, not including federal financial
783assistance and state matching on federal programs, provided to a
784nonstate entity entities to carry out a state project. "State
785financial assistance" includes the all types of state resources
786assistance as stated in the rules of the Department of Financial
787Services Executive Office of the Governor established in
788consultation with all the Chief Financial Officer and
789appropriate state awarding agencies that provide state financial
790assistance. It includes State financial assistance may be
791provided directly by state awarding agencies or indirectly by
792nonstate entities recipients of state awards or subrecipients.
793"State financial assistance" It does not include procurement
794contracts used to buy goods or services from vendors and. Audits
795of such procurement contracts with vendors are outside of the
796scope of this section. Also, audits of contracts to operate
797state-owned state-government-owned and contractor-operated
798facilities are excluded from the audit requirements of this
799section.
800     (r)(q)  "State matching" means state resources provided to
801a nonstate entity entities to be used to meet federal financial
802participation matching requirements of federal programs.
803     (s)  "State program" means a set of special-purpose
804activities undertaken to realize identifiable goals and
805objectives in order to achieve a state agency's mission and
806legislative intent requiring accountability for state resources.
807     (t)(r)  "State project" means a state program that provides
808all state financial assistance to a nonstate organization and
809that must be entity assigned a single state project number
810identifier in the Catalog of State Financial Assistance.
811     (u)(s)  "State Projects Compliance Supplement" means a
812document issued by the Department of Financial Services
813Executive Office of the Governor, in consultation with the Chief
814Financial Officer and all state awarding agencies that provide
815state financial assistance. The State Projects Compliance
816Supplement shall identify state projects, the significant
817compliance requirements, eligibility requirements, matching
818requirements, suggested audit procedures, and other relevant
819information determined necessary.
820     (v)(t)  "State project-specific audit" means an audit of
821one state project performed in accordance with the requirements
822of subsection (10)(9).
823     (w)(u)  "State single audit" means an audit of a nonstate
824entity's financial statements and state financial assistance.
825Such audits shall be conducted in accordance with the auditing
826standards as stated in the rules of the Auditor General.
827     (x)(v)  "Subrecipient" means a nonstate entity that
828receives state financial assistance through another nonstate
829entity.
830     (y)(w)  "Vendor" means a dealer, distributor, merchant, or
831other seller providing goods or services that are required for
832the conduct of a state project. These goods or services may be
833for an organization's own use or for the use of beneficiaries of
834the state project.
835     (3)  The Executive Office of the Governor is responsible
836for notifying the Department of Financial Services of any
837actions during the budgetary process that impact the Catalog of
838State Financial Assistance. shall:
839     (a)  Upon conferring with the Chief Financial Officer and
840all state awarding agencies, adopt rules necessary to provide
841appropriate guidance to state awarding agencies, recipients and
842subrecipients, and independent auditors of state financial
843assistance relating to the requirements of this section,
844including:
845     1.  The types or classes of financial assistance considered
846to be state financial assistance which would be subject to the
847requirements of this section. This would include guidance to
848assist in identifying when the state agency or recipient has
849contracted with a vendor rather than with a recipient or
850subrecipient.
851     2.  The criteria for identifying a major state project.
852     3.  The criteria for selecting state projects for audits
853based on inherent risk.
854     (b)  Be responsible for coordinating the initial
855preparation and subsequent revisions of the Catalog of State
856Financial Assistance after consultation with the Chief Financial
857Officer and all state awarding agencies.
858     (c)  Be responsible for coordinating the initial
859preparation and subsequent revisions of the State Projects
860Compliance Supplement, after consultation with the Chief
861Financial Officer and all state awarding agencies.
862     (4)  The Department of Financial Services Chief Financial
863Officer shall:
864     (a)  Upon conferring with the Executive Office of the
865Governor and all state awarding agencies, adopt rules necessary
866to provide appropriate guidance to state awarding agencies,
867nonstate entities, and independent auditors of state financial
868assistance relating to the requirements of this section,
869including:
870     1.  The types or classes of state resources considered to
871be state financial assistance that would be subject to the
872requirements of this section. This would include guidance to
873assist in identifying when the state awarding agency or a
874nonstate entity has contracted with a vendor rather than with a
875recipient or subrecipient.
876     2.  The criteria for identifying a major state project.
877     3.  The criteria for selecting state projects for audits
878based on inherent risk.
879     (b)  Be responsible for coordinating revisions to the
880Catalog of State Financial Assistance after consultation with
881the Executive Office of the Governor and all state awarding
882agencies.
883     (c)  Be responsible for coordinating with the Executive
884Office of the Governor actions affecting the budgetary process
885under paragraph (b).
886     (d)  Be responsible for coordinating revisions to the State
887Projects Compliance Supplement, after consultation with the
888Executive Office of the Governor and all state awarding
889agencies.
890     (e)(a)  Make enhancements to the state's accounting system
891to provide for the:
892     1.  Recording of state financial assistance and federal
893financial assistance appropriations and expenditures within the
894state awarding agencies' operating funds.
895     2.  Recording of state project number identifiers, as
896provided in the Catalog of State Financial Assistance, for state
897financial assistance.
898     3.  Establishment and recording of an identification code
899for each financial transaction, including awarding state
900agencies' disbursements of state financial assistance and
901federal financial assistance, as to the corresponding type or
902organization that is party to the transaction (e.g., other
903governmental agencies, nonprofit organizations, and for-profit
904organizations), and disbursements of federal financial
905assistance, as to whether the party to the transaction is or is
906not a nonstate entity recipient or subrecipient.
907     (f)(b)  Upon conferring with the Executive Office of the
908Governor and all state awarding agencies, adopt rules necessary
909to provide appropriate guidance to state awarding agencies,
910nonstate entities recipients and subrecipients, and independent
911auditors of state financial assistance relating to the format
912for the Schedule of Expenditures of State Financial Assistance.
913     (g)(c)  Perform any inspections, reviews, investigations,
914or audits of state financial assistance considered necessary in
915carrying out the Department of Financial Services' Chief
916Financial Officer's legal responsibilities for state financial
917assistance or to comply with the requirements of this section.
918     (5)  Each state awarding agency shall:
919     (a)  Provide to each a recipient information needed by the
920recipient to comply with the requirements of this section,
921including:
922     1.  The audit and accountability requirements for state
923projects as stated in this section and applicable rules of the
924Executive Office of the Governor, rules of the Department of
925Financial Services Chief Financial Officer, and rules of the
926Auditor General.
927     2.  Information from the Catalog of State Financial
928Assistance, including the standard state project number
929identifier; official title; legal authorization; and description
930of the state project including objectives, restrictions, and
931other relevant information determined necessary.
932     3.  Information from the State Projects Compliance
933Supplement, including the significant compliance requirements,
934eligibility requirements, matching requirements, suggested audit
935procedures, and other relevant information determined necessary.
936     (b)  Require the recipient, as a condition of receiving
937state financial assistance, to allow the state awarding agency,
938the Department of Financial Services Chief Financial Officer,
939and the Auditor General access to the recipient's records and
940the recipient's independent auditor's working papers as
941necessary for complying with the requirements of this section.
942     (c)  Notify the recipient that this section does not limit
943the authority of the state awarding agency to conduct or arrange
944for the conduct of additional audits or evaluations of state
945financial assistance or limit the authority of any state
946awarding agency inspector general, the Auditor General, or any
947other state official.
948     (d)  Be provided one copy of each financial reporting
949package prepared in accordance with the requirement of this
950section.
951     (e)  Review the recipient's recipient financial reporting
952package, including the management letters and corrective action
953plans, to the extent necessary to determine whether timely and
954appropriate corrective action has been taken with respect to
955audit findings and recommendations pertaining to state financial
956assistance that are specific to provided by the state awarding
957agency.
958     (f)  Designate within the state awarding agency an
959organizational unit that will be responsible for reviewing
960financial reporting packages pursuant to paragraph (e).
961
962If the state awarding agency is not the coordinating agency as
963defined in paragraph (2)(d), the state awarding agency's
964designated organizational unit shall communicate to the
965coordinating agency the state awarding agency's approval of the
966recipient's corrective action plan with respect to findings and
967recommendations that are not specific to the state awarding
968agency.
969     (6)  Each coordinating agency shall:
970     (a)  Review the recipient's financial reporting package,
971including the management letter and corrective action plan, to
972identify audit findings and recommendations that affect state
973financial assistance that are not specific to a particular state
974awarding agency.
975     (b)  For any findings and recommendations identified
976pursuant to paragraph (a):
977     1.  Determine whether timely and appropriate corrective
978action has been taken.
979     2.  Promptly inform the state awarding agency, as provided
980in paragraph (5)(f), of actions taken by the recipient to comply
981with the approved corrective action plan.
982     (c)  Maintain records of followup actions taken for the use
983of any succeeding coordinating agency.
984     (7)(6)  As a condition of receiving state financial
985assistance, each nonstate entity recipient that provides state
986financial assistance to a subrecipient shall:
987     (a)  Provide to each a subrecipient information needed by
988the subrecipient to comply with the requirements of this
989section, including:
990     1.  Identification of the state awarding agency.
991     2.  The audit and accountability requirements for state
992projects as stated in this section and applicable rules of the
993Executive Office of the Governor, rules of the Department of
994Financial Services Chief Financial Officer, and rules of the
995Auditor General.
996     3.  Information from the Catalog of State Financial
997Assistance, including the standard state project number
998identifier; official title; legal authorization; and description
999of the state project, including objectives, restrictions, and
1000other relevant information.
1001     4.  Information from the State Projects Compliance
1002Supplement including the significant compliance requirements,
1003eligibility requirements, matching requirements, and suggested
1004audit procedures, and other relevant information determined
1005necessary.
1006     (b)  Review the financial reporting package of the
1007subrecipient audit reports, including the management letter and
1008corrective action plan letters, to the extent necessary to
1009determine whether timely and appropriate corrective action has
1010been taken with respect to audit findings and recommendations
1011pertaining to state financial assistance provided by a the state
1012awarding agency or nonstate entity.
1013     (c)  Perform any such other procedures as specified in
1014terms and conditions of the written agreement with the state
1015awarding agency or nonstate entity, including any required
1016monitoring of the subrecipient's use of state financial
1017assistance through onsite visits, limited scope audits, or other
1018specified procedures.
1019     (d)  Require subrecipients, as a condition of receiving
1020state financial assistance, to permit the independent auditor of
1021the nonstate entity recipient, the state awarding agency, the
1022Department of Financial Services Chief Financial Officer, and
1023the Auditor General access to the subrecipient's records and the
1024subrecipient's independent auditor's working papers as necessary
1025to comply with the requirements of this section.
1026     (8)(7)  Each recipient or subrecipient of state financial
1027assistance shall comply with the following:
1028     (a)  Each nonstate entity that receives state financial
1029assistance and meets the audit threshold requirements, in any
1030fiscal year of the nonstate entity, as stated in the rules of
1031the Auditor General, shall have a state single audit conducted
1032for such fiscal year in accordance with the requirements of this
1033act and with additional requirements established in rules of the
1034Executive Office of the Governor, rules of the Department of
1035Financial Services Chief Financial Officer, and rules of the
1036Auditor General. If only one state project is involved in a
1037nonstate entity's fiscal year, the nonstate entity may elect to
1038have only a state project-specific audit of the state project
1039for that fiscal year.
1040     (b)  Each nonstate entity that receives state financial
1041assistance and does not meet the audit threshold requirements,
1042in any fiscal year of the nonstate entity, as stated in this law
1043or the rules of the Auditor General is exempt for such fiscal
1044year from the state single audit requirements of this section.
1045However, such nonstate entity must meet terms and conditions
1046specified in the written agreement with the state awarding
1047agency or nonstate entity.
1048     (c)  If a nonstate entity has extremely limited or no
1049required activities related to the administration of a state
1050project, and only acts as a conduit of state financial
1051assistance, none of the requirements of this section apply to
1052the conduit nonstate entity. However, the nonstate entity that
1053is provided state financial assistance by the conduit nonstate
1054entity is subject to the requirements of this section.
1055     (d)(c)  Regardless of the amount of the state financial
1056assistance, the provisions of this section does do not exempt a
1057nonstate entity from compliance with provisions of law relating
1058to maintaining records concerning state financial assistance to
1059such nonstate entity or allowing access and examination of those
1060records by the state awarding agency, the nonstate entity, the
1061Department of Financial Services Chief Financial Officer, or the
1062Auditor General.
1063     (e)(d)  Audits conducted pursuant to this section shall be
1064performed annually.
1065     (f)(e)  Audits conducted pursuant to this section shall be
1066conducted by independent auditors in accordance with auditing
1067standards as stated in rules of the Auditor General.
1068     (g)(f)  Upon completion of the audit as required by this
1069section, a copy of the recipient's financial reporting package
1070shall be filed with the state awarding agency and the Auditor
1071General. Upon completion of the audit as required by this
1072section, a copy of the subrecipient's financial reporting
1073package shall be filed with the nonstate entity recipient that
1074provided the state financial assistance and the Auditor General.
1075The financial reporting package shall be filed in accordance
1076with the rules of the Auditor General.
1077     (h)(g)  All financial reporting packages prepared pursuant
1078to the requirements of this section shall be available for
1079public inspection.
1080     (i)(h)  If an audit conducted pursuant to this section
1081discloses any significant audit findings relating to state
1082financial assistance, including material noncompliance with
1083individual state project compliance requirements or reportable
1084conditions in internal controls of the nonstate entity, the
1085nonstate entity shall submit as part of the financial reporting
1086audit package to the state awarding agency or nonstate entity a
1087plan for corrective action to eliminate such audit findings or a
1088statement describing the reasons that corrective action is not
1089necessary.
1090     (j)(i)  An audit conducted in accordance with this section
1091is in addition to any audit of federal awards required by the
1092federal Single Audit Act and other federal laws and regulations.
1093To the extent that such federally required audits provide the
1094state awarding agency or nonstate entity with information it
1095requires to carry out its responsibilities under state law or
1096other guidance, the a state awarding agency or nonstate entity
1097shall rely upon and use that information.
1098     (k)(j)  Unless prohibited by law, the costs cost of audits
1099pursuant to this section are is allowable charges to state
1100projects. However, any charges to state projects should be
1101limited to those incremental costs incurred as a result of the
1102audit requirements of this section in relation to other audit
1103requirements. The nonstate entity should allocate such
1104incremental costs to all state projects for which it expended
1105state financial assistance.
1106     (l)(k)  Audit costs may not be charged to state projects
1107when audits required by this section have not been made or have
1108been made but not in accordance with this section. If a nonstate
1109entity fails to have an audit conducted consistent with this
1110section, a state awarding agency or nonstate entity agencies may
1111take appropriate corrective action to enforce compliance.
1112     (m)(l)  This section does not prohibit the state awarding
1113agency or nonstate entity from including terms and conditions in
1114the written agreement which require additional assurances that
1115state financial assistance meets the applicable requirements of
1116laws, regulations, and other compliance rules.
1117     (n)(m)  A state awarding agency or nonstate entity that
1118provides state financial assistance to nonstate entities and
1119conducts or arranges for audits of state financial assistance
1120that are in addition to the audits conducted under this act,
1121including audits of nonstate entities that do not meet the audit
1122threshold requirements, shall, consistent with other applicable
1123law, arrange for funding the full cost of such additional
1124audits.
1125     (9)(8)  The independent auditor when conducting a state
1126single audit of a nonstate entity recipients or subrecipients
1127shall:
1128     (a)  Determine whether the nonstate entity's financial
1129statements are presented fairly in all material respects in
1130conformity with generally accepted accounting principles.
1131     (b)  Determine whether state financial assistance shown on
1132the Schedule of Expenditures of State Financial Assistance is
1133presented fairly in all material respects in relation to the
1134nonstate entity's financial statements taken as a whole.
1135     (c)  With respect to internal controls pertaining to each
1136major state project:
1137     1.  Obtain an understanding of internal controls.;
1138     2.  Assess control risk.;
1139     3.  Perform tests of controls unless the controls are
1140deemed to be ineffective.; and
1141     4.  Determine whether the nonstate entity has internal
1142controls in place to provide reasonable assurance of compliance
1143with the provisions of laws and rules pertaining to state
1144financial assistance that have a material effect on each major
1145state project.
1146     (d)  Determine whether each major state project complied
1147with the provisions of laws, rules, and guidelines as identified
1148in the State Projects Compliance Supplement, or otherwise
1149identified by the state awarding agency, which have a material
1150effect on each major state project. When major state projects
1151are less than 50 percent of the nonstate entity's total
1152expenditures for all state financial assistance, the auditor
1153shall select and test additional state projects as major state
1154projects as necessary to achieve audit coverage of at least 50
1155percent of the expenditures for all state financial assistance
1156provided to the nonstate entity. Additional state projects
1157needed to meet the 50-percent requirement may be selected on an
1158inherent risk basis as stated in the rules of the Department of
1159Financial Services Executive Office of the Governor.
1160     (e)  Report on the results of any audit conducted pursuant
1161to this section in accordance with the rules of the Executive
1162Office of the Governor, rules of the Department of Financial
1163Services Chief Financial Officer, and rules of the Auditor
1164General. Financial reporting packages shall Audit reports shall
1165include summaries of the auditor's results regarding the
1166nonstate entity's financial statements; Schedule of Expenditures
1167of State Financial Assistance; internal controls; and compliance
1168with laws, rules, and guidelines.
1169     (f)  Issue a management letter as prescribed in the rules
1170of the Auditor General.
1171     (g)  Upon notification by the nonstate entity, make
1172available the working papers relating to the audit conducted
1173pursuant to the requirements of this section to the state
1174awarding agency, the Department of Financial Services Chief
1175Financial Officer, or the Auditor General for review or copying.
1176     (10)(9)  The independent auditor, when conducting a state
1177project-specific audit of a nonstate entity recipients or
1178subrecipients, shall:
1179     (a)  Determine whether the nonstate entity's schedule of
1180Expenditure of State Financial Assistance is presented fairly in
1181all material respects in conformity with stated accounting
1182policies.
1183     (b)  Obtain an understanding of internal controls control
1184and perform tests of internal controls control over the state
1185project consistent with the requirements of a major state
1186project.
1187     (c)  Determine whether or not the auditee has complied with
1188applicable provisions of laws, rules, and guidelines as
1189identified in the State Projects Compliance Supplement, or
1190otherwise identified by the state awarding agency, which could
1191have a direct and material effect on the state project.
1192     (d)  Report on the results of the a state project-specific
1193audit consistent with the requirements of the state single audit
1194and issue a management letter as prescribed in the rules of the
1195Auditor General.
1196     (e)  Upon notification by the nonstate entity, make
1197available the working papers relating to the audit conducted
1198pursuant to the requirements of this section to the state
1199awarding agency, the Department of Financial Services Chief
1200Financial Officer, or the Auditor General for review or copying.
1201     (11)(10)  The Auditor General shall:
1202     (a)  Have the authority to audit state financial assistance
1203provided to any nonstate entity when determined necessary by the
1204Auditor General or when directed by the Legislative Auditing
1205Committee.
1206     (b)  Adopt rules that state the auditing standards that
1207independent auditors are to follow for audits of nonstate
1208entities required by this section.
1209     (c)  Adopt rules that describe the contents and the filing
1210deadlines for the financial reporting package.
1211     (d)  Provide technical advice upon request of the
1212Department of Financial Services Chief Financial Officer,
1213Executive Office of the Governor, and state awarding agencies
1214relating to financial reporting and audit responsibilities
1215contained in this section.
1216     (e)  Be provided one copy of each financial reporting
1217package prepared in accordance with the requirements of this
1218section.
1219     (f)  Perform ongoing reviews of a sample of financial
1220reporting packages filed pursuant to the requirements of this
1221section to determine compliance with the reporting requirements
1222of this section and applicable rules of the Executive Office of
1223the Governor, rules of the Department of Financial Services
1224Chief Financial Officer, and rules of the Auditor General.
1225     Section 12.  Paragraphs (a), (b), (n), (gg), (hh), and (jj)
1226of subsection (1) of section 216.011, Florida Statutes, are
1227amended, paragraph (rr) is added to said subsection, and
1228paragraph (c) is added to subsection (3) of said section, to
1229read:
1230     216.011  Definitions.--
1231     (1)  For the purpose of fiscal affairs of the state,
1232appropriations acts, legislative budgets, and approved budgets,
1233each of the following terms has the meaning indicated:
1234     (a)  "Annual salary rate" means the monetary compensation
1235authorized to be paid a position on an annualized basis. The
1236term does not include moneys authorized for benefits associated
1237with the position. In calculating salary rate, a vacant position
1238shall be calculated at the minimum of the pay grade for that
1239position.
1240     (b)  "Appropriation" means a legal authorization to make
1241expenditures for specific purposes within the amounts authorized
1242by law in the appropriations act.
1243     (n)  "Expense" means the appropriation category used to
1244fund the usual, ordinary, and incidental expenditures by an
1245agency or the judicial branch, including such items as
1246contractual services, commodities, and supplies of a consumable
1247nature, current obligations, and fixed charges, and excluding
1248expenditures classified as operating capital outlay. Payments to
1249other funds or local, state, or federal agencies may be included
1250in this category.
1251     (gg)  "Mandatory reserve" means the reduction of an
1252appropriation by the Governor or the Legislative Budget
1253Commission due to an anticipated deficit in a fund, pursuant to
1254s. 216.221. Action may not be taken to restore a mandatory
1255reserve either directly or indirectly. "Performance-based
1256program appropriation" means the appropriation category used to
1257fund a specific set of activities or classification of
1258expenditure within an approved performance-based program.
1259     (hh)  "Budget reserve" means the withholding of an
1260appropriation, or portion thereof, as authorized by the
1261Legislature. The need for a budget reserve may exist until
1262certain conditions set by the Legislature are met by the
1263affected agency, or such need may exist due to financial or
1264program changes that have occurred since, and were unforeseen at
1265the time of, passage of the General Appropriations Act.
1266"Performance-based program budget" means a budget that
1267incorporates approved programs and performance measures.
1268     (jj)  "Program" means a set of services and activities
1269undertaken in accordance with a plan of action organized to
1270realize identifiable goals and objectives based on legislative
1271authorization.
1272     (rr)  "Activity" means a unit of work that has identifiable
1273starting and ending points, consumes resources, and produces
1274outputs.
1275     (3)  For purposes of this chapter, the term:
1276     (c)  "Statutorily authorized entity" means any entity
1277primarily acting as an instrumentality of the state, any
1278regulatory or governing body, or any other governmental or
1279quasi-governmental organization that receives, disburses,
1280expends, administers, awards, recommends expenditure of,
1281handles, manages, or has custody or control of funds
1282appropriated by the Legislature and:
1283     1.  Is created, organized, or specifically authorized to be
1284created or established by general law; or
1285     2.  Assists a department, as defined in s. 20.03(2), or
1286other unit of state government in providing programs or services
1287on a statewide basis with a statewide service area or
1288population.
1289     Section 13.  Section 216.013, Florida Statutes, is amended
1290to read:
1291     216.013  Long-range program plan.--
1292     (1)  State agencies and the judicial branch shall develop
1293long-range program plans to achieve state goals using an
1294interagency planning process that includes the development of
1295integrated agency program service outcomes. The plans shall be
1296policy based, priority driven, accountable, and developed
1297through careful examination and justification of all agency and
1298judicial branch programs. The plan shall cover a period of 5
1299fiscal years and shall become effective July 1 each year.
1300     (1)  Long-range program plans shall provide the framework
1301for the development of agency budget requests and shall identify
1302or update:
1303     (a)  The mission of the agency or judicial branch.
1304     (b)  The goals established to accomplish the mission.
1305     (c)  The objectives developed to achieve state goals.
1306     (d)  The trends and conditions relevant to the mission,
1307goals, and objectives.
1308     (e)(a)  Identify agency programs and address how agency The
1309agency or judicial branch programs that will be used to
1310implement state policy and achieve state goals and program
1311component objectives.;
1312     (f)  The program outcomes and standards to measure progress
1313toward program objectives.
1314     (b)  Identify and describe agency functions and how they
1315will be used to achieve designated outcomes;
1316     (c)  Identify demand, output, total costs, and unit costs
1317for each function;
1318     (g)(d)  Provide Information regarding performance
1319measurement, which includes, but is not limited to, how data is
1320collected, the methodology used to measure a performance
1321indicator, the validity and reliability of a measure, the
1322appropriateness of a measure, and whether, in the case of
1323agencies, the agency inspector general has assessed the
1324reliability and validity of agency performance measures,
1325pursuant to s. 20.055(2).;
1326     (e)  Identify and justify facility and fixed capital outlay
1327projects and their associated costs; and
1328     (f)  Identify and justify information technology
1329infrastructure and applications and their associated costs for
1330information technology projects or initiatives.
1331     (2)  All agency functions and their costs shall be
1332carefully evaluated and justified by the agency. The
1333justification must clearly demonstrate the needs of agency
1334customers and clients and why the agency is proposing functions
1335and their associated costs to address the needs based on state
1336priorities, the agency mission, and legislative authorization.
1337Further, the justification must show how agency functions are
1338integrated and contribute to the overall achievement of state
1339goals. Facilities, fixed capital outlay and information
1340technology infrastructure, and applications shall be evaluated
1341pursuant to ss. 216.0158, 216.043, and 216.0446, respectively.
1342     (2)  Each long-range program plan shall cover a period of 5
1343fiscal years, be revised annually, and remain in effect until
1344replaced or revised.
1345     (3)  Long-range program plans or revisions shall be
1346presented by state agencies and the judicial branch in a form,
1347manner, and timeframe prescribed in written instructions
1348prepared by submitted to the Executive Office of the Governor in
1349consultation with by August 1 of each year in a form and manner
1350prescribed by the Executive Office of the Governor and the
1351chairs of the legislative appropriations committees. Such long-
1352range program plans for the Judicial Branch shall be submitted
1353by the Chief Justice of the Supreme Court to the President of
1354the Senate and the Speaker of the House of Representatives, and
1355a copy shall be provided to the Executive Office of the
1356Governor.
1357     (4)  The Executive Office of the Governor shall review the
1358long-range program plans for executive agencies to ensure that
1359they are consistent with the state's goals and objectives and
1360other requirements as specified in the written instructions and
1361that they provide the framework and context for the agency's
1362budget request.
1363     (5)  Executive agencies shall incorporate all revisions
1364required by the Governor within 14 working days.
1365     (6)  Any differences between executive agencies regarding
1366the programs, policies, or long-range program plans of such
1367agencies shall be mediated by the Executive Office of the
1368Governor.
1369     (4)(7)  Each state executive agency and the judicial branch
1370shall post their long-range program plan on their Internet
1371website transmit copies of its long-range program plan and all
1372written comments on its plan to the President of the Senate and
1373the Speaker of the House of Representatives not later than
1374September 30th of each year, and provide written notice to the
1375Governor and the Legislature that the plans have been posted 60
1376days prior to the next regular session of the Legislature.
1377     (8)  Long-range program plans developed pursuant to this
1378chapter are not rules and therefore are not subject to the
1379provisions of chapter 120.
1380     (5)(9)  Following the adoption of the annual General
1381Appropriations Act, the state agencies and the judicial branch
1382shall make appropriate adjustments to their long-range program
1383plans to be consistent with the appropriations and performance
1384measures in the General Appropriations Act and legislation
1385implementing the General Appropriations Act. Agencies and the
1386judicial branch have until June 30 15 to make adjustments to
1387their plans as posted on their Internet websites and submit the
1388adjusted plans to the Executive Office of the Governor for
1389review.
1390     (6)  Long-range program plans developed pursuant to this
1391chapter are not rules and therefore are not subject to the
1392provisions of chapter 120.
1393     Section 14.  Section 216.023, Florida Statutes, is amended
1394to read:
1395     216.023  Legislative budget requests to be furnished to
1396Legislature by agencies.--
1397     (1)  The head of each state agency, except as provided in
1398subsection (2), shall submit a final legislative budget request
1399to the Legislature and to the Governor, as chief budget officer
1400of the state, in the form and manner prescribed in the budget
1401instructions and at such time as specified by the Executive
1402Office of the Governor, based on the agency's independent
1403judgment of its needs. However, a no state agency may not shall
1404submit its complete legislative budget request, including all
1405supporting forms and schedules required by this chapter, later
1406than September 15 of each year unless an alternative date is
1407approved by the Governor and the chairs of the legislative
1408appropriations committees.
1409     (2)  The judicial branch and the Division of Administrative
1410Hearings shall submit their complete legislative budget requests
1411directly to the Legislature with a copy to the Governor, as
1412chief budget officer of the state, in the form and manner as
1413prescribed in the budget instructions. However, the complete
1414legislative budget requests, including all supporting forms and
1415schedules required by this chapter, shall be submitted no later
1416than September 15 of each year unless an alternative date is
1417approved by the Governor and the chairs of the legislative
1418appropriations committees.
1419     (3)  The Executive Office of the Governor and the
1420appropriations committees of the Legislature shall jointly
1421develop legislative budget instructions for preparing the
1422exhibits and schedules that make up the agency budget from which
1423each agency and the judicial branch shall prepare their budget
1424request. The budget instructions shall be consistent with s.
1425216.141 and shall be transmitted to each agency and to the
1426judicial branch no later than June 15 of each year unless an
1427alternative date is approved by the Governor and the chairs of
1428the legislative appropriations committees. In the event that
1429agreement cannot be reached between the Executive Office of the
1430Governor and the appropriations committees of the Legislature
1431regarding legislative budget instructions, the issue shall be
1432resolved by the Governor, the President of the Senate, and the
1433Speaker of the House of Representatives.
1434     (4)(a)  The legislative budget request must contain for
1435each program:
1436     1.  The constitutional or statutory authority for a
1437program, a brief purpose statement, and approved program
1438components.
1439     2.  Information on expenditures for 3 fiscal years (actual
1440prior-year expenditures, current-year estimated expenditures,
1441and agency budget requested expenditures for the next fiscal
1442year) by appropriation category.
1443     3.  Details on trust funds and fees.
1444     4.  The total number of positions (authorized, fixed, and
1445requested).
1446     5.  An issue narrative describing and justifying changes in
1447amounts and positions requested for current and proposed
1448programs for the next fiscal year.
1449     6.  Information resource requests.
1450     7.  Legislatively approved output and outcome performance
1451measures and any proposed revisions to measures.
1452     8.  Proposed performance standards for each performance
1453measure and justification for the standards and the sources of
1454data to be used for measurement.
1455     9.  Prior-year performance data on approved performance
1456measures and an explanation of deviation from expected
1457performance. Performance data must be assessed for reliability
1458in accordance with s. 20.055.
1459     10.  Proposed performance incentives and disincentives.
1460     11.  Supporting information, including applicable cost-
1461benefit analyses, business case analyses, performance
1462contracting procedures, service comparisons, and impacts on
1463performance standards for any request to outsource or privatize
1464agency functions.
1465     12.  An evaluation of any major outsourcing and
1466privatization initiatives undertaken during the last 5 fiscal
1467years having aggregate expenditures exceeding $10 million during
1468the term of the contract. The evaluation shall include an
1469assessment of contractor performance, a comparison of
1470anticipated service levels to actual service levels, and a
1471comparison of estimated savings to actual savings achieved.
1472Consolidated reports issued by the Department of Management
1473Services may be used to satisfy this requirement.
1474     (b)  It is the intent of the Legislature that total
1475accountability measures, including unit-cost data, serve not
1476only as a budgeting tool but also as a policymaking tool and an
1477accountability tool. Therefore, each state agency and the
1478judicial branch must submit a one-page summary of information
1479for the preceding year in accordance with the legislative budget
1480instructions. Each one-page summary must contain:
1481     1.  The final budget for the agency and the judicial
1482branch.
1483     2.  Total funds from the General Appropriations Act.
1484     3.  Adjustments to the General Appropriations Act.
1485     4.  The line-item listings of all activities.
1486     5.  The number of activity units performed or accomplished.
1487     6.  Total expenditures for each activity, including amounts
1488paid to contractors and subordinate entities. Expenditures
1489related to administrative activities not aligned with output
1490measures must consistently be allocated to activities with
1491output measures prior to computing unit costs.
1492     7.  The cost per unit for each activity, including the
1493costs allocated to contractors and subordinate entities.
1494     8.  The total amount of reversions and pass-through
1495expenditures omitted from unit-cost calculations.
1496
1497At the regular session immediately following the submission of
1498the agency unit cost summary, the Legislature shall reduce in
1499the General Appropriations Act for the ensuing fiscal year, by
1500an amount equal to at least 10 percent of the allocation for the
1501fiscal year preceding the current fiscal year, the funding of
1502each state agency that fails to submit the report required under
1503this paragraph.
1504     (5)  At the time specified in the legislative budget
1505instructions and in sufficient time to be included in the
1506Governor's recommended budget, the judicial branch is required
1507to submit a performance-based program budget request. The Chief
1508Justice of the Supreme Court shall identify and, after
1509consultation with the Office of Program Policy Analysis and
1510Government Accountability, submit to the President of the Senate
1511and the Speaker of the House of Representatives a list of
1512proposed programs and associated performance measures. The
1513judicial branch shall provide documentation to accompany the
1514list of proposed programs and performance measures as provided
1515under subsection (4). The judicial branch shall submit a
1516performance-based program agency budget request using the
1517programs and performance measures adopted by the Legislature.
1518The Chief Justice may propose revisions to approved programs or
1519performance measures for the judicial branch. The Legislature
1520shall have final approval of all programs and associated
1521performance measures and standards for the judicial branch
1522through the General Appropriations Act or legislation
1523implementing the General Appropriations Act. By September 15,
15242001, the Chief Justice of the Supreme Court shall submit to the
1525President of the Senate and the Speaker of the House of
1526Representatives a performance-based program budget request for
1527programs of the judicial branch approved by the Legislature and
1528provide a copy to the Executive Office of the Governor.
1529     (5)(6)  Agencies must maintain a comprehensive performance
1530accountability system and provide a list of performance measures
1531maintained by the agency which are in addition to the measures
1532approved by the Legislature.
1533     (6)(7)  Annually, by June 30, executive agencies shall
1534submit to the Executive Office of the Governor adjustments to
1535their performance standards based on the amounts appropriated
1536for each program by the Legislature. When such an adjustment is
1537made, all performance standards, including any adjustments made,
1538shall be reviewed and revised as necessary by the Executive
1539Office of the Governor and, upon approval, submitted to the
1540Legislature pursuant to the review and approval process provided
1541in s. 216.177. The Senate and the House of Representatives
1542appropriations committees Senate Committee on Fiscal Policy and
1543the House of Representatives Fiscal Responsibility Council shall
1544advise Senate substantive committees and House of
1545Representatives substantive committees, respectively, of all
1546adjustments made to performance standards or measures. The
1547Executive Office of the Governor shall maintain both the
1548official record of adjustments to the performance standards as
1549part of the agency's approved operating budget and the official
1550performance ledger. As used in this section, the term "official
1551record" "performance ledger" means the official compilation of
1552information about state agency performance-based programs and
1553measures, including approved programs, approved outputs and
1554outcomes, baseline data, approved standards for each performance
1555measure and any approved adjustments thereto, as well as actual
1556agency performance for each measure.
1557     (7)(8)  As a part of the legislative budget request, the
1558head of each state agency and the Chief Justice of the Supreme
1559Court for the judicial branch shall include an inventory of all
1560litigation in which the agency is involved that may require
1561additional appropriations to the agency, that may significantly
1562affect revenues received or anticipated to be received by the
1563state, or that may require or amendments to the law under which
1564the agency operates. No later than March 1 following the
1565submission of the legislative budget request, the head of the
1566state agency and the Chief Justice of the Supreme Court shall
1567provide an update of any additions or changes to the inventory.
1568Such inventory shall include information specified annually in
1569the legislative budget instructions.
1570     (8)(9)  Annually, by June 30, the judicial branch shall
1571make adjustments to any performance standards for approved
1572programs based on the amount appropriated for each program,
1573which shall be submitted to the Legislature pursuant to the
1574notice and review process provided in s. 216.177. The Senate and
1575the House of Representatives appropriations committees Senate
1576Committee on Fiscal Policy and the House Fiscal Responsibility
1577Council shall advise Senate substantive committees and House
1578substantive committees, respectively, of all adjustments made to
1579performance standards or measures.
1580     (9)(10)  The Executive Office of the Governor shall review
1581the legislative budget request for technical compliance with the
1582budget format provided for in the budget instructions. The
1583Executive Office of the Governor shall notify the agency or the
1584judicial branch of any adjustment required. The agency or
1585judicial branch shall make the appropriate corrections as
1586requested. If the appropriate technical corrections are not made
1587as requested, the Executive Office of the Governor shall adjust
1588the budget request to incorporate the appropriate technical
1589corrections in the format of the request.
1590     (10)(11)  At any time after the Governor submits his or her
1591and the Chief Justice submit their recommended budget budgets to
1592the Legislature, the head of the agency or judicial branch may
1593amend his or her request by transmitting to the Governor and the
1594Legislature an amended request in the form and manner prescribed
1595in the legislative budget instructions.
1596     (11)(12)  The legislative budget request from each agency
1597and from the judicial branch shall be reviewed by the
1598Legislature. The review may allow for the opportunity to have
1599information or testimony by the agency, the judicial branch, the
1600Auditor General, the Office of Program Policy Analysis and
1601Government Accountability, the Governor's Office of Planning and
1602Budgeting, and the public regarding the proper level of funding
1603for the agency in order to carry out its mission.
1604     (12)(13)  In order to ensure an integrated state planning
1605and budgeting process, the agency long-range plan should be
1606reviewed by the Legislature.
1607     Section 15.  Section 216.031, Florida Statutes, is amended
1608to read:
1609     216.031  Target budget request.--Either chair of a
1610legislative appropriations committee, or the Executive Office of
1611the Governor for state agencies, may require the agency or the
1612Chief Justice to address major issues separate from those
1613outlined in s. 216.023, this section, and s. 216.043 for
1614inclusion in the requests of the agency or of the judicial
1615branch. The issues shall be submitted to the agency no later
1616than July 30 of each year and shall be displayed in its requests
1617as provided in the budget instructions. The Executive Office of
1618the Governor may request an agency, or the chair of an the
1619appropriations committee committees of the Senate or the House
1620of Representatives may request any agency or the judicial
1621branch, to submit no later than September 30 of each year a
1622budget plan with respect to targets established by the Governor
1623or either chair. The target budget shall require each entity to
1624establish an order of priorities for its budget issues and may
1625include requests for multiple options for the budget issues. The
1626target budget may also require each entity to submit a program
1627budget or a performance-based budget in the format prescribed by
1628the Executive Office of the Governor or either chair; provided,
1629however, The target budget format shall be compatible with the
1630planning and budgeting system requirements set out in s.
1631216.141. Such a request shall not influence the agencies' or
1632judicial branch's independent judgment in making legislative
1633budget requests, as required by law.
1634     Section 16.  Section 216.052, Florida Statutes, is amended
1635to read:
1636     216.052  Community budget requests; appropriations;
1637grants.--
1638     (1)  A local, county, or regional governmental entity,
1639private organization, or nonprofit organization may submit a
1640request for a state appropriation for a program, service, or
1641capital outlay initiative that is local or regional in scope, is
1642intended to meet a documented need, addresses a statewide
1643interest, is intended to produce measurable results, and has
1644tangible community support to members of the Legislature, a
1645state agency, or the Governor.
1646     (2)  Each appropriation to a local government, a private
1647organization, or a nonprofit organization made pursuant to a
1648community budget request shall require that the community's
1649support be tangibly demonstrated by evidence that the program or
1650service will operate in a financially sound manner. Any
1651appropriation to a local government, a private organization, or
1652a nonprofit organization made pursuant to this section should
1653require local matching funds. The match must be based on the
1654size and scope of the project and the applicant's ability to
1655provide the match. In addition, the granting of state funds
1656shall be used to encourage the establishment of community-based
1657partnerships between the public sector and the private sector.
1658     (3)  Each community budget request submitted pursuant to
1659this section must receive a hearing before a body of duly
1660elected public officials before being submitted for
1661consideration.
1662     (2)(4)  For requests submitted to members of the
1663Legislature, community budget requests shall be submitted in the
1664form and manner prescribed jointly by the President of the
1665Senate and the Speaker of the House of Representatives. If the
1666President of the Senate and the Speaker of the House of
1667Representatives do not agree on a form and manner of submission
1668to be used by both houses, each may prescribe a form and manner
1669of submission to be used in his or her house.
1670     (3)(5)  Community budget requests shall be submitted to the
1671chairs of the legislative appropriations committees in
1672accordance with the schedule established jointly by the
1673President of the Senate and the Speaker of the House of
1674Representatives. If the President of the Senate and the Speaker
1675of the House of Representatives do not agree on a schedule to be
1676used by both houses, each may prescribe a schedule to be used in
1677his or her house.
1678     (4)(6)  The Executive Office of the Governor shall
1679prescribe the form and manner of submission of requests to state
1680agencies and to the Governor.
1681     (5)(7)  The retention of interest earned on state funds or
1682the amount of interest income earned shall be applied against
1683the state entity's obligation to pay the appropriated amount.
1684     (8)  Whenever possible, a loan must be made in lieu of a
1685grant to a local government, a private organization, or a
1686nonprofit organization. It is the intent of the Legislature that
1687a revolving loan program shall be established so that the loan
1688amount plus interest is paid back by the recipient to the state.
1689     (9)  Any private or nonprofit organization that is to
1690receive funds through a community budget request shall, at the
1691time of application for such funds, provide information
1692regarding its organization, including a copy of its current
1693budget, a list of its board of directors, and, if available, a
1694copy of its most recent annual audit report prepared by an
1695independent certified public accountant licensed in this state,
1696including management letters or other documents associated with
1697the audit report.
1698     Section 17.  Subsection (5) of section 216.053, Florida
1699Statutes, is amended to read:
1700     216.053  Summary Information in the General Appropriations
1701Act; construction of such information.--
1702     (5)  For programs operating under performance-based program
1703budgets, the General Appropriations Act shall contain summary
1704information that covers specific appropriations and summarizes
1705programs and performance.
1706     Section 18.  Section 216.065, Florida Statutes, is amended
1707to read:
1708     216.065  Fiscal impact statements on actions affecting the
1709budget.--In addition to the applicable requirements of chapter
1710120, before the Governor, or Governor and Cabinet as a body,
1711performing any constitutional or statutory duty, or before any
1712state agency or statutorily authorized entity takes take any
1713final action that will affect revenues, directly require a
1714request for an increased or new appropriation in the following
1715fiscal year, or that will transfer current year funds, it they
1716shall first provide the legislative appropriations committees
1717with a fiscal impact statement that details the effects of such
1718action on the budget. The fiscal impact statement must specify
1719the estimated budget and revenue impacts for the current year
1720and the 2 subsequent fiscal years at the same level of detail
1721required to support a legislative budget request, including
1722amounts by appropriation category and fund.
1723     Section 19.  Subsection (3) is added to section 216.081,
1724Florida Statutes, to read:
1725     216.081  Data on legislative and judicial branch
1726expenses.--
1727     (3)  If the Governor does not receive timely estimates of
1728the financial needs of the legislative branch, the Governor's
1729recommended budget shall include the amounts appropriated and
1730budget entity structure established in the most recent General
1731Appropriations Act.
1732     Section 20.  Subsection (1) of section 216.133, Florida
1733Statutes, is amended to read:
1734     216.133  Definitions; ss. 216.133-216.137.--As used in ss.
1735216.133-216.137:
1736     (1)  "Consensus estimating conference" includes the
1737Economic Estimating Conference, the Demographic Estimating
1738Conference, the Revenue Estimating Conference, the Education
1739Estimating Conference, the Criminal Justice Estimating
1740Conference, the Juvenile Justice Estimating Conference, the
1741Child Welfare System Estimating Conference, the Occupational
1742Forecasting Conference, the Early Learning Programs Estimating
1743Conference, the Self-Insurance Estimating Conference, the
1744Florida Retirement System Actuarial Assumption Conference, and
1745the Social Services Estimating Conference.
1746     Section 21.  Subsections (4) and (5) of section 216.134,
1747Florida Statutes, are amended to read:
1748     216.134  Consensus estimating conferences; general
1749provisions.--
1750     (4)  Consensus estimating conferences are within the
1751legislative branch. The membership of each consensus estimating
1752conference consists of principals and participants.
1753     (a)  A person designated by law as a principal may preside
1754over conference sessions, convene conference sessions, request
1755information, specify topics to be included on the conference
1756agenda, agree or withhold agreement on whether information is to
1757be official information of the conference, release official
1758information of the conference, interpret official information of
1759the conference, and monitor errors in official information of
1760the conference.
1761     (b)  A participant is any person who is invited to
1762participate in the consensus estimating conference by a
1763principal. A participant shall, at the request of any principal
1764before or during any session of the conference, develop
1765alternative forecasts, collect and supply data, perform
1766analyses, or provide other information needed by the conference.
1767The conference shall consider information provided by
1768participants in developing its official information.
1769     (5)  All sessions and meetings of a consensus estimating
1770conference where official information is adopted shall be
1771noticed and open to the public as provided in chapter 286. The
1772President of the Senate and the Speaker of the House of
1773Representatives, jointly, shall be the sole judge for the
1774interpretation, implementation, and enforcement of this
1775subsection.
1776     Section 22.  Subsections (9) through (12) of section
1777216.136, Florida Statutes, are renumbered as subsections (7)
1778through (10), respectively, and present subsections (7) and (8)
1779are amended to read:
1780     216.136  Consensus Estimating Conferences; duties and
1781principals.--
1782     (7)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
1783     (a)  Duties.--The Child Welfare System Estimating
1784Conference shall develop such official information relating to
1785the child welfare system of the state, including forecasts of
1786child welfare caseloads, as the conference determines is needed
1787for the state planning and budgeting system. Such official
1788information may include, but is not limited to:
1789     1.  Estimates and projections of the number of initial and
1790additional reports of child abuse, abandonment, or neglect made
1791to the central abuse hotline maintained by the Department of
1792Children and Family Services as established in s. 39.201(4).
1793Projections may take into account other factors that may
1794influence the number of future reports to the abuse hotline.
1795     2.  Estimates and projections of the number of children who
1796are alleged to be victims of child abuse, abandonment, or
1797neglect and are in need of emergency shelter, foster care,
1798residential group care, adoptive services, or other appropriate
1799care.
1800
1801In addition, the conference shall develop other official
1802information relating to the child welfare system of the state
1803which the conference determines is needed for the state planning
1804and budgeting system. The Department of Children and Family
1805Services shall provide information on the child welfare system
1806requested by the Child Welfare System Estimating Conference, or
1807individual conference principals, in a timely manner.
1808     (b)  Principals.--The Executive Office of the Governor, the
1809coordinator of the Office of Economic and Demographic Research,
1810and professional staff who have forecasting expertise from the
1811Department of Children and Family Services, the Senate, and the
1812House of Representatives, or their designees, are the principals
1813of the Child Welfare System Estimating Conference. The principal
1814representing the Executive Office of the Governor shall preside
1815over sessions of the conference.
1816     (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--
1817     (a)  Duties.--The Juvenile Justice Estimating Conference
1818shall develop such official information relating to the juvenile
1819justice system of the state as is determined by the conference
1820principals to be needed for the state planning and budgeting
1821system. This information shall include, but is not limited to:
1822estimates of juvenile delinquency caseloads and workloads;
1823estimates for secure, nonsecure, and home juvenile detention
1824placements; estimates of workloads in the juvenile sections in
1825the offices of the state attorneys and public defenders;
1826estimates of mental health and substance abuse treatment
1827relating to juveniles; and such other information as is
1828determined by the conference principals to be needed for the
1829state planning and budgeting system.
1830     (b)  Principals.--The Executive Office of the Governor, the
1831Office of Economic and Demographic Research, and professional
1832staff who have forecasting expertise from the Department of
1833Juvenile Justice, the Department of Children and Family Services
1834Substance Abuse and Mental Health Program Offices, the
1835Department of Law Enforcement, the Senate Appropriations
1836Committee staff, the House of Representatives Appropriations
1837Committee staff, or their designees, are the principals of the
1838Juvenile Justice Estimating Conference. The responsibility of
1839presiding over sessions of the conference shall be rotated among
1840the principals. To facilitate policy and legislative
1841recommendations, the conference may call upon the appropriate
1842legislative staff.
1843     Section 23.  Subsection (1) of section 216.162, Florida
1844Statutes, is amended to read:
1845     216.162  Governor's recommended budget to be furnished
1846Legislature; copies to members.--
1847     (1)  At least 40 45 days before the scheduled annual
1848legislative session, the Governor shall furnish each senator and
1849representative a copy of his or her recommended balanced budget
1850for the state, based on the Governor's own conclusions and
1851judgment; provided, however, that in his or her first year in
1852office a new Governor may request, subject to approval of the
1853President of the Senate and the Speaker of the House of
1854Representatives, that his or her recommended balanced budget be
1855submitted at a later time prior to the Governor's first regular
1856legislative session.
1857     Section 24.  Subsection (2) and paragraph (b) of subsection
1858(4) of section 216.163, Florida Statutes, are amended to read:
1859     216.163  Governor's recommended budget; form and content;
1860declaration of collective bargaining impasses.--
1861     (2)  The Governor's recommended budget shall also include:
1862     (a)  The Governor's recommendations for operating each
1863state agency, and those of the Chief Justice of the Supreme
1864Court for operating the judicial branch, for the next fiscal
1865year. These recommendations shall be displayed by appropriation
1866category within each budget entity and shall also include the
1867legislative budget request of the corresponding agency. In order
1868to present a balanced budget as required by s. 216.162, the
1869Governor's recommendations for operating appropriations may
1870include an alternative recommendation to that of the Chief
1871Justice.
1872     (b)1.  The Governor's recommendations and those of the
1873Chief Justice for fixed capital outlay appropriations for the
1874next fiscal year. These recommendations shall be displayed by
1875budget entity and shall also include the legislative budget
1876request of the corresponding agency. In order to present a
1877balanced budget as required by s. 216.162, the Governor's
1878recommendations for fixed capital outlay appropriations may
1879include an alternative recommendation to that of the Chief
1880Justice.
1881     2.  For each specific fixed capital outlay project or group
1882of projects or operating capital outlay requests recommended to
1883be funded from a proposed state debt or obligation, he or she
1884shall make available pursuant to s. 216.164(1)(a) the documents
1885set forth in s. 216.0442(2).
1886     (c)  The evaluation of the fixed capital outlay request of
1887each agency and the judicial branch and alternatives to the
1888proposed projects as made by the Department of Management
1889Services pursuant to s. 216.044.
1890     (d)  A summary statement of the amount of appropriations
1891requested by each state agency and as recommended by the
1892Governor and by the judicial branch.
1893     (e)  A distinct listing of all nonrecurring appropriations
1894recommended by the Governor or the Chief Justice.
1895     (f)  The Governor's recommendations for high-risk
1896information technology projects which should be subject to
1897monitoring under s. 282.322. These recommendations shall include
1898proviso language which specifies whether funds are specifically
1899provided to contract for project monitoring, or whether the
1900Auditor General will conduct such project monitoring. When funds
1901are recommended for contracting with a project monitor, such
1902funds may equal 1 percent to 5 percent of the project's
1903estimated total costs. These funds shall be specifically
1904appropriated and nonrecurring.
1905     (g)  Any additional information which the Governor or Chief
1906Justice feels is needed to justify his or her recommendations.
1907     (4)  The Executive Office of the Governor shall review the
1908findings of the Office of Program Policy Analysis and Government
1909Accountability, to the extent they are available, request any
1910reports or additional analyses as necessary, and submit a
1911recommendation for executive agencies, which may include a
1912recommendation regarding incentives or disincentives for agency
1913performance. Incentives or disincentives may apply to all or
1914part of a state agency. The Chief Justice shall review the
1915findings of the Office of Program Policy Analysis and Government
1916Accountability regarding judicial branch performance and make
1917appropriate recommendations for the judicial branch.
1918     (b)  Disincentives may include, but are not limited to:
1919     1.  Mandatory quarterly reports to the Executive Office of
1920the Governor and the Legislature on the agency's progress in
1921meeting performance standards.
1922     2.  Mandatory quarterly appearances before the Legislature,
1923the Governor, or the Governor and Cabinet to report on the
1924agency's progress in meeting performance standards.
1925     3.  Elimination or restructuring of the program, which may
1926include, but not be limited to, transfer of the program or
1927outsourcing all or a portion of the program.
1928     4.  Reduction of total positions for a program.
1929     5.  Restriction on or reduction of the spending authority
1930provided in s. 216.292(2)(b).
1931     6.  Reduction of managerial salaries.
1932     Section 25.  Subsections (1) through (4) of section
1933216.167, Florida Statutes, are amended to read:
1934     216.167  Governor's recommendations.--The Governor's
1935recommendations shall include a financial schedule that
1936provides:
1937     (1)  The Governor's estimate of the recommended recurring
1938revenues available in the Budget Stabilization Fund, the Working
1939Capital Fund, and the General Revenue Fund.
1940     (2)  The Governor's estimate of the recommended
1941nonrecurring revenues available in the Budget Stabilization
1942Fund, the Working Capital Fund, and the General Revenue Fund.
1943     (3)  The Governor's recommended recurring and nonrecurring
1944appropriations from the Budget Stabilization Fund, the Working
1945Capital Fund, and the General Revenue Fund.
1946     (4)  The Governor's estimates of any interfund loans or
1947temporary obligations of the Budget Stabilization Fund, the
1948General Revenue Working Capital Fund, or trust funds, which
1949loans or obligations are needed to implement his or her
1950recommended budget.
1951     Section 26.  Subsection (4) of section 216.168, Florida
1952Statutes, is amended to read:
1953     216.168  Governor's amended revenue or budget
1954recommendations; optional and mandatory.--
1955     (4)  If the Governor determines, at any time after he or
1956she has furnished the Legislature with his or her
1957recommendations or amended recommendations, that the revenue
1958estimates upon which the Governor's recommendations were based
1959are insufficient to fund these recommendations, the Governor
1960shall amend his or her revenues or appropriations
1961recommendations to bring the Governor's recommended budget into
1962balance. On or after March 1, if the Governor determines that
1963there is insufficient time to provide the information for the
1964amended recommendations required in ss. 216.164 and 216.166, he
1965or she shall be exempt from such requirement.
1966     Section 27.  Subsections (2), (3), and (4) of section
1967216.177, Florida Statutes, are amended to read:
1968     216.177  Appropriations acts, statement of intent,
1969violation, notice, review and objection procedures.--
1970     (2)(a)  Whenever notice of action to be taken by the
1971Executive Office of the Governor or the Chief Justice of the
1972Supreme Court is required by this chapter, such notice shall be
1973given to the chair and vice chair of the Legislative Budget
1974Commission in writing, and shall be delivered at least 14 days
1975prior to the action referred to, unless a shorter period is
1976approved in writing by the chair and vice chair. If the action
1977is solely for the release of funds appropriated by the
1978Legislature, the notice shall be delivered at least 3 days
1979before the effective date of the action. Action shall not be
1980taken on any budget item for which this chapter requires notice
1981to the Legislative Budget Commission or the appropriations
1982committees without such notice having been provided, even though
1983there may be good cause for considering such item.
1984     (b)  If the chair and vice chair of the Legislative Budget
1985Commission or the President of the Senate and the Speaker of the
1986House of Representatives timely advise, in writing, the
1987Executive Office of the Governor or the Chief Justice of the
1988Supreme Court that an action or a proposed action, including any
1989expenditure of funds resulting from the settlement of litigation
1990involving a state agency or officer, whether subject to the
1991notice and review requirements of this chapter or not, exceeds
1992the delegated authority of the Executive Office of the Governor
1993for the executive branch or the Chief Justice for the judicial
1994branch, respectively, or is contrary to legislative policy and
1995intent, the Governor or the Chief Justice of the Supreme Court
1996shall void such action and instruct the affected state agency or
1997entity of the judicial branch to change immediately its spending
1998action or spending proposal until the Legislative Budget
1999Commission or the Legislature addresses the issue. The written
2000documentation shall indicate the specific reasons that an action
2001or proposed action exceeds the delegated authority or is
2002contrary to legislative policy and intent.
2003     (c)  The House of Representatives and the Senate shall
2004provide by rule that any member of the House of Representatives
2005or Senate may request, in writing, of either the President of
2006the Senate or the Speaker of the House of Representatives to
2007initiate the procedures of paragraph (b).
2008     (3)  The Legislature may annually specify any incentives
2009and disincentives for agencies operating programs under
2010performance-based program budgets pursuant to this chapter in
2011the General Appropriations Act or legislation implementing the
2012General Appropriations Act.
2013     (4)  Notwithstanding the 14-day notice requirements of this
2014section, the Department of Children and Family Services is
2015required to provide notice of proposed transfers submitted
2016pursuant to s. 20.19(5)(b) to the Executive Office of the
2017Governor and the chairs of the legislative appropriations
2018committees at least 3 working days prior to their
2019implementation.
2020     Section 28.  Subsections (1), (2), (4), (6), (8), (9),
2021(10), (12), and (16) of section 216.181, Florida Statutes, are
2022amended to read:
2023     216.181  Approved budgets for operations and fixed capital
2024outlay.--
2025     (1)  The General Appropriations Act and any other acts
2026containing appropriations shall be considered the original
2027approved operating budgets for operational and fixed capital
2028expenditures. Amendments to the approved operating budgets for
2029operational and fixed capital outlay expenditures from state
2030agencies may be requested only through the Executive Office of
2031the Governor and approved by the Governor and the Legislative
2032Budget Commission as provided in this chapter. Amendments from
2033the judicial branch may be requested only through, and approved
2034by, the Chief Justice of the Supreme Court and must be approved
2035by the Chief Justice and the Legislative Budget Commission as
2036provided in this chapter. This includes amendments which are
2037necessary to implement the provisions of s. 216.212 or s.
2038216.221.
2039     (2)  Amendments to the original approved operating budgets
2040for operational and fixed capital outlay expenditures must
2041comply with the following guidelines in order to be approved by
2042the Governor and the Legislative Budget Commission as provided
2043in this chapter for the executive branch and the Chief Justice
2044and the Legislative Budget Commission for the judicial branch:
2045     (a)  The amendment must be consistent with legislative
2046policy and intent.
2047     (b)  The amendment may not initiate or commence a new
2048program, except as authorized by this chapter, or eliminate an
2049existing program.
2050     (c)  Except as authorized in s. 216.292 or other provisions
2051of this chapter, the amendment may not provide funding or
2052increased funding for items which were funded by the Legislature
2053in an amount less than that requested by the agency or Governor
2054in the legislative budget request or recommended by the
2055Governor, or which were vetoed by the Governor.
2056     (d)  For amendments that involve trust funds, there must be
2057adequate and appropriate revenues available in the trust fund
2058and the amendment must be consistent with the laws authorizing
2059such trust funds and the laws relating to the use of the trust
2060funds. However, a trust fund shall not be increased in excess of
2061the original approved budget, except as provided in subsection
2062(11).
2063     (e)  The amendment shall not conflict with any provision of
2064law.
2065     (f)  The amendment must not provide funding for any issue
2066which was requested by the agency or branch in its legislative
2067budget request and not funded in the General Appropriations Act.
2068     (g)  The amendment must include a written description of
2069the purpose of the proposed change, an indication of why interim
2070budget action is necessary, and the intended recipient of any
2071funds for contracted services.
2072     (h)  The amendment must not provide general salary
2073increases which the Legislature has not authorized in the
2074General Appropriations Act or other laws.
2075     (4)  To the extent possible, individual members of the
2076Senate and the House of Representatives should be advised of
2077budget amendments requested by the executive branch and judicial
2078branch.
2079     (6)(a)  The Executive Office of the Governor or the Chief
2080Justice of the Supreme Court may require the submission of a
2081detailed plan from the agency or entity of the judicial branch
2082affected, consistent with the General Appropriations Act,
2083special appropriations acts, and statements the statement of
2084intent before transferring and releasing the balance of a lump-
2085sum appropriation. The provisions of this paragraph are subject
2086to the notice and review procedures set forth in s. 216.177.
2087     (b)  The Executive Office of the Governor and the Chief
2088Justice of the Supreme Court may amend, without approval of the
2089Legislative Budget Commission, state agency and judicial branch
2090entity budgets, respectively, to reflect the transferred funds
2091and to provide the associated increased salary rate based on the
2092approved plans for lump-sum appropriations. This paragraph is
2093subject to the notice and review procedures set forth in s.
2094216.177.
2095
2096The Executive Office of the Governor shall transmit to each
2097state agency and the Chief Financial Officer, and the Chief
2098Justice shall transmit to each judicial branch component and the
2099Chief Financial Officer, any approved amendments to the approved
2100operating budgets.
2101     (8)  As part of the approved operating budget, the
2102Executive Office of the Governor shall furnish to each state
2103agency, and the Chief Justice of the Supreme Court shall furnish
2104to the entity of the judicial branch, an approved annual salary
2105rate for each budget entity containing a salary appropriation.
2106This rate shall be based upon the actual salary rate and shall
2107be consistent with the General Appropriations Act or special
2108appropriations acts. The annual salary rate shall be:
2109     (a)  Determined by Calculated based on the actual salary
2110rate in effect on June 30, and the salary policy and the number
2111of authorized positions as specified in the General
2112Appropriations Act and adjusted for reorganizations authorized
2113by law, for any other appropriations made by law, and, subject
2114to s. 216.177, for distributions of lump-sum appropriations and
2115administered funds special appropriations acts, or as provided
2116pursuant to s. 216.177.
2117     (b)  Controlled by the budget entity department or agency;
2118except for the Department of Education, which shall be
2119controlled by division and for the judicial branch, which shall
2120be controlled at the branch level.
2121     (c)  Assigned to the number of authorized positions.
2122     (9)(a)  The calculation for the annual salary rate for
2123vacant and newly authorized positions shall be at no more than
2124the midpoint of the range of the pay grade for the position or
2125as provided in the General Appropriations Act.
2126     (b)  No agency or the judicial branch may exceed its
2127maximum approved annual salary rate for the fiscal year.
2128However, at any time during the fiscal year, an agency or entity
2129of the judicial branch may exceed its approved rate for all
2130budget entities by no more than 5 percent, provided that, by
2131June 30 of every fiscal year, the agency or entity of the
2132judicial branch has reduced its salary rate so that the salary
2133rate for each budget entity is within the approved rate limit
2134for that budget entity.
2135     (10)(a)  The Legislative Budget Commission Executive Office
2136of the Governor and the Chief Justice of the Supreme Court may
2137authorize increases or decreases in increase or decrease the
2138approved salary rate for positions for the purpose of
2139implementing the General Appropriations Act, special
2140appropriations acts, and actions pursuant to s. 216.262
2141consistent with legislative intent and policy. Other adjustments
2142to approved salary rate must be approved by the Legislative
2143Budget Commission pursuant to the request of the agency filed
2144with the Executive Office of the Governor or pursuant to the
2145request of an entity of the judicial branch filed with the Chief
2146Justice of the Supreme Court, if deemed necessary and in the
2147best interest of the state and consistent with legislative
2148policy and intent. The provisions of this paragraph are subject
2149to the notice and review procedures set forth in s. 216.177.
2150     (b)  Lump-sum salary bonuses may be provided only if
2151specifically appropriated or provided pursuant to s. 110.1245 or
2152s. 216.1815.
2153     (c)  State agencies and the judicial branch shall report,
2154each fiscal quarter, the number of filled positions, the number
2155of vacant positions, and the salary rate associated with each
2156category to the Legislative Budget Commission in a form and
2157manner prescribed by the commission.
2158     (d)  The salary rate provisions of subsections (8) and (9)
2159and this subsection do not apply to the general office program
2160of the Executive Office of the Governor.
2161     (12)  There is appropriated nonoperating budget for
2162refunds, payments to the United States Treasury, payments of the
2163service charge to the General Revenue Fund, and transfers of
2164funds specifically required by law. Such authorized budget,
2165together with related releases, shall be transmitted by the
2166state agency or by the judicial branch to the Chief Financial
2167Officer for entry in his or her records in the manner and format
2168prescribed by the Executive Office of the Governor in
2169consultation with the Chief Financial Officer. A copy of such
2170authorized budgets shall be furnished to the Executive Office of
2171the Governor or the Chief Justice, the chairs of the legislative
2172committees responsible for developing the general appropriations
2173acts, and the Auditor General. The Governor may withhold
2174approval of nonoperating investment authority for certain trust
2175funds when deemed in the best interest of the state. The
2176Governor for the executive branch, and the Chief Justice for the
2177judicial branch, may establish nonoperating budgets, with the
2178approval of the chairs of the Senate and the House of
2179Representatives appropriations committees, for transfers,
2180purchase of investments, special expenses, distributions, and
2181any other nonoperating budget categories they deem necessary and
2182in the best interest of the state and consistent with
2183legislative intent and policy. The provisions of this subsection
2184are subject to the notice, review, and objection procedures set
2185forth in s. 216.177. For purposes of this section, the term
2186"nonoperating budgets" means nonoperating disbursement authority
2187for purchase of investments, refunds, payments to the United
2188States Treasury, transfers of funds specifically required by
2189law, distributions of assets held by the state in a trustee
2190capacity as an agent of fiduciary, special expenses, and other
2191nonoperating budget categories as determined necessary by the
2192Executive Office of the Governor and the chairs of the Senate
2193and the House of Representatives appropriations committees, not
2194otherwise appropriated in the General Appropriations Act.
2195     (16)(a)  Funds provided in any specific appropriation in
2196the General Appropriations Act may be advanced if the General
2197Appropriations Act specifically so provides.
2198     (b)  Any agency, or the judicial branch, that has been
2199authorized by the General Appropriations Act or expressly
2200authorized by other law to make advances for program startup or
2201advances for contracted services, in total or periodically,
2202shall limit such disbursements to other governmental entities
2203and not-for-profit corporations. The amount that which may be
2204advanced shall not exceed the expected cash needs of the
2205contractor or recipient within the initial 3 months. Thereafter,
2206disbursements shall only be made on a reimbursement basis. Any
2207agreement that provides for advancements may contain a clause
2208that permits the contractor or recipient to temporarily invest
2209the proceeds, provided that any interest income shall either be
2210returned to the agency or be applied against the agency's
2211obligation to pay the contract amount. This paragraph does not
2212constitute lawful authority to make any advance payment not
2213otherwise authorized by laws relating to a particular agency or
2214general laws relating to the expenditure or disbursement of
2215public funds. The Chief Financial Officer may, after
2216consultation with the legislative appropriations committees,
2217advance funds beyond a 3-month requirement if it is determined
2218to be consistent with the intent of the approved operating
2219budget.
2220     (c)  Unless specifically prohibited in the General
2221Appropriations Act, funds appropriated to the Department of
2222Children and Family Services and the Department of Health may be
2223advanced for those contracted services that were approved for
2224advancement by the Comptroller in fiscal year 1993-1994,
2225including those services contracted on a fixed-price or unit-
2226cost basis.
2227     Section 29.  Section 216.192, Florida Statutes, is amended
2228to read:
2229     216.192  Release of appropriations; revision of budgets.--
2230     (1)  Unless otherwise provided in the General
2231Appropriations Act, on July 1 of each fiscal year, up to 25
2232percent of the original approved operating budget of each agency
2233and of the judicial branch may be released until such time as
2234annual plans for quarterly releases for all appropriations have
2235been developed, approved, and furnished to the Chief Financial
2236Officer by the Executive Office of the Governor for state
2237agencies and by the Chief Justice of the Supreme Court for the
2238judicial branch. The plans, including appropriate plans of
2239releases for fixed capital outlay projects that correspond with
2240each project schedule, shall attempt to maximize the use of
2241trust funds and shall be transmitted to the Chief Financial
2242Officer by August 1 of each fiscal year. Such releases shall at
2243no time exceed the total appropriations available to a state
2244agency or to the judicial branch, or the approved budget for
2245such agency or the judicial branch if less. The Chief Financial
2246Officer shall enter such releases in his or her records in
2247accordance with the release plans prescribed by the Executive
2248Office of the Governor and the Chief Justice, unless otherwise
2249amended as provided by law. The Executive Office of the Governor
2250and the Chief Justice shall transmit a copy of the approved
2251annual releases to the head of the state agency, the chair and
2252vice chair of the Legislative Budget Commission, and the Auditor
2253General. The Chief Financial Officer shall authorize all
2254expenditures to be made from the appropriations on the basis of
2255such releases and in accordance with the approved budget, and
2256not otherwise. Expenditures shall be authorized only in
2257accordance with legislative authorizations. Nothing herein
2258precludes periodic reexamination and revision by the Executive
2259Office of the Governor or by the Chief Justice of the annual
2260plans for release of appropriations and the notifications of the
2261parties of all such revisions.
2262     (a)  Prior to releasing or transferring funds or positions,
2263or increasing spending authority for information technology
2264projects designated in the General Appropriations Act, each
2265agency shall submit a detailed operational work plan to the
2266Executive Office of the Governor and the chairs of the
2267legislative appropriations committees. The operational work plan
2268shall include the following components:
2269     1.  A project charter that describes the business
2270objectives and expected outcomes to be attained and specifies
2271planned project milestones and deliverables.
2272     2.  A work breakdown structure that summarizes all tasks
2273required to complete the project.
2274     3.  A resource-loaded project schedule and a spending plan.
2275     4.  A description of the project organization and the roles
2276and responsibilities of the project participants.
2277     5.  A description of the processes and procedures that will
2278be used to identify and manage the project's risks and to manage
2279changes in the requirements of the project.
2280
2281The agency is authorized to request the Executive Office of the
2282Governor to release the funds and positions pursuant to chapter
2283216 and in a manner consistent with the spending plan component
2284of the operational work plan; however, the funds and positions
2285shall not be released until the operational work plan is
2286approved by the Executive Office of the Governor, in
2287consultation with the legislative appropriations committees.
2288Funds or positions released for the information technology
2289project may not exceed the amount identified in the approved
2290operational work plan. Operational work plans shall be updated
2291as required in the General Appropriations Act.
2292     (b)  The agency shall also submit to the Executive Office
2293of the Governor and the legislative appropriations chairs
2294project status reports comparing the planned progress of the
2295project as specified in the operational work plan versus the
2296actual progress made to date, the actual completion dates, and
2297the actual costs incurred. The status reports shall also
2298describe the planned project milestones, deliverables, and
2299expenditures for the next reporting period; the current issues
2300requiring resolution; and the project risks that are being
2301actively managed and the actions being taken to mitigate the
2302risks.
2303     (c)  Operational work plans and project status reports
2304shall comply with the standards for these documents that are
2305jointly developed and published annually by the State Technology
2306Office and the Technology Review Workgroup. The General
2307Appropriations Act shall specify the frequency of operational
2308work plans and status reports required for designated
2309information technology projects.
2310     (2)  Any department under the direct supervision of a
2311member of the Cabinet or of a board consisting of the Governor
2312and members of the Cabinet which contends that the plan for
2313releases of funds appropriated to it is contrary to the approved
2314operating budget shall have the right to have the issue reviewed
2315by the Administration Commission which shall decide such issue
2316by majority vote. The appropriations committees of the
2317Legislature may advise the Administration Commission on the
2318issue.
2319     (3)  The Executive Office of the Governor shall make
2320releases within the amounts appropriated and as requested for
2321all appropriations to the legislative branch, and the provisions
2322of subsections (1) and (2) shall not apply to the legislative
2323branch.
2324     (4)  The legislative appropriations committees may advise
2325the Chief Financial Officer, the Executive Office of the
2326Governor, or the Chief Justice relative to the release of any
2327funds under this section.
2328     (4)(5)  The annual plans of releases authorized by this
2329section may be considered by the Revenue Estimating Conference
2330in preparation of the statement of financial outlook.
2331     (5)  In order to implement directives contained in the
2332General Appropriations Act or to prevent deficits pursuant to s.
2333216.221, the Executive Office of the Governor for the executive
2334branch and the Chief Justice for the judicial branch may place
2335appropriations in budget reserve or mandatory reserve.
2336     (6)  All budget actions taken pursuant to the provisions of
2337this section are subject to the notice and review procedures set
2338forth in s. 216.177.
2339     Section 30.  Section 216.195, Florida Statutes, is amended
2340to read:
2341     216.195  Impoundment of funds; restricted.--The Executive
2342Office of the Governor, the Chief Justice of the Supreme Court,
2343any member of the Cabinet, or any state agency shall not impound
2344any appropriation except as necessary to avoid or eliminate a
2345deficit pursuant to the provisions of s. 216.221. As used in
2346this section, the term "impoundment" means the omission of any
2347appropriation or part of an appropriation in the approved
2348operating plan prepared pursuant to s. 216.181 or in the
2349schedule of releases prepared pursuant to s. 216.192 or the
2350failure of any state agency or the judicial branch to spend an
2351appropriation for the stated purposes authorized in the approved
2352operating budget. The provisions of this section are subject to
2353the notice and review procedures of s. 216.177. The Governor or
2354either house of the Legislature may seek judicial review of any
2355action or proposed action which violates the provisions of this
2356section.
2357     Section 31.  Subsections (2), (3), (5), (7), (9), and (10)
2358of section 216.221, Florida Statutes, are amended to read:
2359     216.221  Appropriations as maximum appropriations;
2360adjustment of budgets to avoid or eliminate deficits.--
2361     (2)  The Legislature may annually provide direction in the
2362General Appropriations Act regarding use of any state funds the
2363Budget Stabilization Fund and Working Capital Fund to offset
2364General Revenue Fund deficits.
2365     (3)  For purposes of preventing a deficit in the General
2366Revenue Fund, all branches and agencies of government that
2367receive General Revenue Fund appropriations shall participate in
2368deficit reduction efforts. Absent specific legislative direction
2369in the General Appropriations Act, when budget reductions are
2370required in order to prevent a deficit under the provisions of
2371subsection (7), each branch shall reduce its General Revenue
2372Fund appropriations by a proportional amount.
2373     (5)(a)  If, in the opinion of the Governor, after
2374consultation with the Revenue Estimating Conference, a deficit
2375will occur in the General Revenue Fund, he or she shall so
2376certify to the commission and to the Chief Justice of the
2377Supreme Court. No more than 30 days after certifying that a
2378deficit will occur in the General Revenue Fund, the Governor
2379shall develop for the executive branch, and the Chief Justice of
2380the Supreme Court shall develop for the judicial branch, and
2381provide to the commission and to the Legislature plans of action
2382to eliminate the deficit.
2383     (b)  If, in the opinion of the President of the Senate and
2384the Speaker of the House of Representatives, after consultation
2385with the Revenue Estimating Conference, a deficit will occur in
2386the General Revenue Fund and the Governor has not certified the
2387deficit, the President of the Senate and the Speaker of the
2388House of Representatives shall so certify. Within 30 days after
2389such certification, the Governor shall develop for the executive
2390branch and the Chief Justice of the Supreme Court shall develop
2391for the judicial branch and provide to the commission and to the
2392Legislature plans of action to eliminate the deficit.
2393     (c)(b)  In developing a plan of action to prevent deficits
2394in accordance with subsection (7), the Governor and Chief
2395Justice shall, to the extent possible, preserve legislative
2396policy and intent, and, absent any specific direction to the
2397contrary in the General Appropriations Act, the Governor and
2398Chief Justice shall comply with the following guidelines for
2399reductions in the approved operating budgets of the executive
2400branch and the judicial branch:
2401     1.  Entire statewide programs previously established by the
2402Legislature should not be eliminated.
2403     1.2.  Education budgets should not be reduced more than
2404provided for in s. 215.16(2).
2405     2.3.  The use of nonrecurring funds to solve recurring
2406deficits should be minimized.
2407     3.4.  Newly created programs that are not fully implemented
2408and programs with critical audits, evaluations, and reviews
2409should receive first consideration for reductions.
2410     4.5.  No agencies or branches of government receiving
2411appropriations should be exempt from reductions.
2412     5.6.  When reductions in positions are required, the focus
2413should be initially on vacant positions.
2414     7.  Any reductions applied to all agencies and branches
2415should be uniformly applied.
2416     6.8.  Reductions that would cause substantial losses of
2417federal funds should be minimized.
2418     9.  To the greatest extent possible, across-the-board,
2419prorated reductions should be considered.
2420     7.10.  Reductions to statewide programs should occur only
2421after review of programs that provide only local benefits.
2422     8.11.  Reductions in administrative and support functions
2423should be considered before reductions in direct-support
2424services.
2425     9.12.  Maximum reductions should be considered in budgets
2426for expenses including travel and in budgets for equipment
2427replacement, outside consultants, and contracts.
2428     10.13.  Reductions in salaries for elected state officials
2429should be considered.
2430     11.14.  Reductions that adversely affect the public health,
2431safety, and welfare should be minimized.
2432     12.15.  The Budget Stabilization Fund should not be reduced
2433to a level that would impair the financial stability of this
2434state.
2435     13.16.  Reductions in programs that are traditionally
2436funded by the private sector and that may be assumed by private
2437enterprise should be considered.
2438     14.17.  Reductions in programs that are duplicated among
2439state agencies or branches of government should be considered.
2440     (7)  Deficits in the General Revenue Fund that do not meet
2441the amounts specified by subsection (6) shall be resolved by the
2442Governor commission for the executive branch and the Chief
2443Justice of the Supreme Court for the judicial branch. The
2444Governor commission and Chief Justice shall implement any
2445directions provided in the General Appropriations Act related to
2446eliminating deficits and to reducing agency and judicial branch
2447budgets, including the use of those legislative appropriations
2448voluntarily placed in reserve. In addition, the Governor
2449commission shall implement any directions in the General
2450Appropriations Act relating to the resolution of deficit
2451situations. When reducing state agency or judicial branch
2452budgets, the Governor commission or the Chief Justice,
2453respectively, shall use the guidelines prescribed in subsection
2454(5). The Executive Office of the Governor for the commission,
2455and the Chief Justice for the judicial branch, shall implement
2456the deficit reduction plans through amendments to the approved
2457operating budgets in accordance with s. 216.181.
2458     (9)  If, in the opinion of the Chief Financial Officer,
2459after consultation with the Revenue Estimating Conference, a
2460deficit will occur, he or she shall report his or her opinion to
2461the Governor, the President of the Senate, and the Speaker of
2462the House of Representatives in writing. In the event the
2463Governor does not certify a deficit, or the President of the
2464Senate and the Speaker of the House of Representatives do not
2465certify a deficit within 10 days after the Chief Financial
2466Officer's report, the Chief Financial Officer shall report his
2467or her findings and opinion to the commission and the Chief
2468Justice of the Supreme Court.
2469     (10)  When advised by the Revenue Estimating Conference,
2470the Chief Financial Officer, or any agency responsible for a
2471trust fund that a deficit will occur with respect to the
2472appropriations from a specific trust fund in the current fiscal
2473year, the Governor for the executive branch, or the Chief
2474Justice for the judicial branch, shall develop a plan of action
2475to eliminate the deficit. Before implementing the plan of
2476action, the Governor or the Chief Justice must comply with the
2477provisions of s. 216.177(2), and actions to resolve deficits in
2478excess of $1 million must be approved by the Legislative Budget
2479Commission. In developing the plan of action, the Governor or
2480the Chief Justice shall, to the extent possible, preserve
2481legislative policy and intent, and, absent any specific
2482directions to the contrary in the General Appropriations Act,
2483any reductions in appropriations from the trust fund for the
2484fiscal year shall be prorated among the specific appropriations
2485made from the trust fund for the current fiscal year.
2486     Section 32.  Subsection (2) of section 216.231, Florida
2487Statutes, is amended to read:
2488     216.231  Release of certain classified appropriations.--
2489     (2)  The release of appropriated funds classified as
2490"deficiency" shall be approved only when a General Revenue Fund
2491appropriation for operations of a state agency or of the
2492judicial branch is inadequate because the workload or cost of
2493the operation exceeds that anticipated by the Legislature and a
2494determination has been made by the Governor commission that the
2495deficiency will result in an impairment of the activities of an
2496agency or of the judicial branch to the extent that the agency
2497is unable to carry out its program as provided by the
2498Legislature in the general appropriations acts. These funds may
2499not be used for creation of any new agency or program, for
2500increases of salary, or for the construction or equipping of
2501additional buildings.
2502     Section 33.  Subsections (3), (6), and (11) of section
2503216.235, Florida Statutes, are amended to read:
2504     216.235  Innovation Investment Program.--
2505     (3)  For purposes of this section:
2506     (a)  "Agency" means an official, officer, commission,
2507authority, council, committee, department, division, bureau,
2508board, section, or other unit or entity of the executive branch.
2509     (b)  "Commission" means the Information Resource
2510Commission.
2511     (b)(c)  "Committee" means the State Innovation Committee.
2512     (c)(d)  "Office" means the Office of Tourism, Trade, and
2513Economic Development within the Executive Office of the
2514Governor.
2515     (d)(e)  "Review board" means a nonpartisan board composed
2516of private citizens and public employees who evaluate the
2517projects and make funding recommendations to the committee.
2518     (6)  Any agency developing an innovative investment project
2519proposal that involves information technology resources may
2520consult with and seek technical assistance from the state
2521technology office commission. The office shall consult with the
2522state technology office commission for any project proposal that
2523involves information resource technology. The state technology
2524office commission is responsible for evaluating these projects
2525and for advising the committee and review board of the technical
2526feasibility and any transferable benefits of the proposed
2527technology. In addition to the requirements of subsection (5),
2528the agencies shall provide to the state technology office
2529commission any information requested by the state technology
2530office commission to aid in determining that the proposed
2531technology is appropriate for the project's success.
2532     (11)  Funds appropriated for the Innovation Investment
2533Program shall be distributed by the Executive Office of the
2534Governor subject to notice, review, and objection procedures set
2535forth in s. 216.177. The office may transfer funds from the
2536annual appropriation as necessary to administer the program.
2537Proposals considered but not funded by the Legislature as part
2538of an agency legislative budget request or the Governor's budget
2539recommendation are not eligible to receive funding under the
2540Innovation Investment Program.
2541     Section 34.  Section 216.241, Florida Statutes, is amended
2542to read:
2543     216.241  Initiation or commencement of new programs;
2544approval; expenditure of certain revenues.--
2545     (1)  A state agency or the judicial branch may not initiate
2546or commence any new program, including any new federal program
2547or initiative, or make changes in its current programs, as
2548provided for in the appropriations act, that require additional
2549financing unless funds have been specifically appropriated by
2550the Legislature or unless the Legislative Budget Commission or
2551the Chief Justice of the Supreme Court expressly approves such
2552new program or changes. The commission and the Chief Justice
2553shall give notice as provided in s. 216.177 prior to approving
2554such new program or changes.
2555     (2)  No Changes that which are inconsistent with the
2556approved operating budget may not shall be made to existing
2557programs unless such changes are recommended to the Legislative
2558Budget Commission by the Governor or the Chief Justice and the
2559Legislative Budget Commission expressly approves such program
2560changes. The provisions of This subsection is are subject to the
2561notice, review, and objection procedures set forth in s.
2562216.177.
2563     (3)  Any revenues generated by any tax or fee imposed by
2564amendment to the State Constitution after October 1, 1999, shall
2565not be expended by any agency, as defined in s. 120.52(1),
2566except pursuant to appropriation by the Legislature.
2567     Section 35.  Subsection (2) of section 216.251, Florida
2568Statutes, is amended to read:
2569     216.251  Salary appropriations; limitations.--
2570     (2)(a)  The salary for each position not specifically
2571indicated in the appropriations acts shall be as provided in one
2572of the following subparagraphs:
2573     1.  Within the classification and pay plans provided for in
2574chapter 110.
2575     2.  Within the classification and pay plans established by
2576the Board of Trustees for the Florida School for the Deaf and
2577the Blind of the Department of Education and approved by the
2578State Board of Education for academic and academic
2579administrative personnel.
2580     3.  Within the classification and pay plan approved and
2581administered by the State Board of Education and the Board of
2582Governors Board of Regents for those positions in the State
2583University System.
2584     4.  Within the classification and pay plan approved by the
2585President of the Senate and the Speaker of the House of
2586Representatives, as the case may be, for employees of the
2587Legislature.
2588     5.  Within the approved classification and pay plan for the
2589judicial branch.
2590     6.  The salary of all positions not specifically included
2591in this subsection shall be set by the commission or by the
2592Chief Justice for the judicial branch.
2593     (b)  Salary payments shall be made only to employees
2594filling established positions included in the agency's or in the
2595judicial branch's approved budgets and amendments thereto as may
2596be provided by law; provided, however:
2597     1.  Reclassification of established positions may be
2598accomplished when justified in accordance with the established
2599procedures for reclassifying positions; or
2600     2.  When the Division of Risk Management of the Department
2601of Financial Services has determined that an employee is
2602entitled to receive a temporary partial disability benefit or a
2603temporary total disability benefit pursuant to the provisions of
2604s. 440.15 and there is medical certification that the employee
2605cannot perform the duties of the employee's regular position,
2606but the employee can perform some type of work beneficial to the
2607agency, the agency may return the employee to the payroll, at
2608his or her regular rate of pay, to perform such duties as the
2609employee is capable of performing, even if there is not an
2610established position in which the employee can be placed.
2611Nothing in this subparagraph shall abrogate an employee's rights
2612under chapter 440 or chapter 447, nor shall it adversely affect
2613the retirement credit of a member of the Florida Retirement
2614System in the membership class he or she was in at the time of,
2615and during, the member's disability.
2616     Section 36.  Paragraphs (a) and (c) of subsection (1) of
2617section 216.262, Florida Statutes, are amended to read:
2618     216.262  Authorized positions.--
2619     (1)(a)  Unless otherwise expressly provided by law, the
2620total number of authorized positions may not exceed the total
2621provided in the appropriations acts. In the event any state
2622agency or entity of the judicial branch finds that the number of
2623positions so provided is not sufficient to administer its
2624authorized programs, it may file an application with the
2625Executive Office of the Governor or the Chief Justice; and, if
2626the Executive Office of the Governor or Chief Justice certifies
2627that there are no authorized positions available for addition,
2628deletion, or transfer within the agency as provided in paragraph
2629(c) and recommends an increase in the number of positions, the
2630Governor or the Chief Justice may recommend, after a public
2631hearing, authorize an increase in the number of positions for
2632the following reasons only:
2633     1.  To implement or provide for continuing federal grants
2634or changes in grants not previously anticipated.;
2635     2.  To meet emergencies pursuant to s. 252.36.;
2636     3.  To satisfy new federal regulations or changes therein.;
2637     4.  To take advantage of opportunities to reduce operating
2638expenditures or to increase the revenues of the state or local
2639government.; and
2640     5.  To authorize positions that which were not fixed by the
2641Legislature through error in drafting the appropriations acts.
2642
2643Actions recommended pursuant to The provisions of this paragraph
2644are subject to approval by the Legislative Budget Commission.
2645the notice and review procedures set forth in s. 216.177. A copy
2646of the application, The certification, and the final
2647authorization shall be provided to filed with the Legislative
2648Budget Commission, the appropriations committees, and with the
2649Auditor General.
2650     (c)1.  The Executive Office of the Governor, under such
2651procedures and qualifications as it deems appropriate, shall,
2652upon agency request, delegate to any state agency authority to
2653add and delete authorized positions or transfer authorized
2654positions from one budget entity to another budget entity within
2655the same division, and may approve additions and deletions of
2656authorized positions or transfers of authorized positions within
2657the state agency when such changes would enable the agency to
2658administer more effectively its authorized and approved
2659programs. The additions or deletions must be consistent with the
2660intent of the approved operating budget, must be consistent with
2661legislative policy and intent, and must not conflict with
2662specific spending policies specified in the General
2663Appropriations Act.
2664     2.  The Chief Justice of the Supreme Court shall have the
2665authority to establish procedures for the judicial branch to add
2666and delete authorized positions or transfer authorized positions
2667from one budget entity to another budget entity, and to add and
2668delete authorized positions within the same budget entity, when
2669such changes are consistent with legislative policy and intent
2670and do not conflict with spending policies specified in the
2671General Appropriations Act.
2672     3.a.  A state agency may be eligible to retain salary
2673dollars for authorized positions eliminated after July 1, 2001.
2674The agency must certify the eliminated positions to the
2675Legislative Budgeting Commission.
2676     b.  The Legislative Budgeting Commission shall authorize
2677the agency to retain 20 percent of the salary dollars associated
2678with the eliminated positions and may authorize retention of a
2679greater percentage. All such salary dollars shall be used for
2680permanent salary increases.
2681     Section 37.  Section 216.292, Florida Statutes, is amended
2682to read:
2683     (Substantial rewording of section. See
2684     s. 216.292, F.S., for present text.)
2685     216.292  Appropriations nontransferable; exceptions.--
2686     (1)(a)  Funds provided in the General Appropriations Act or
2687as otherwise expressly provided by law shall be expended only
2688for the purpose for which appropriated, except that such moneys
2689may be transferred as provided in this section when it is
2690determined to be in the best interest of the state.
2691Appropriations for fixed capital outlay may not be expended for
2692any other purpose. Appropriations may not be transferred between
2693state agencies, or between a state agency and the judicial
2694branch, unless specifically authorized by law.
2695     (b)1.  Authorized revisions of the original approved
2696operating budget, together with related changes in the plan for
2697release of appropriations, if any, shall be transmitted by the
2698state agency or by the judicial branch to the Executive Office
2699of the Governor or the Chief Justice, respectively, the chairs
2700of the Senate and the House of Representatives appropriations
2701committees, the Office of Program Policy Analysis and Government
2702Accountability, and the Auditor General. Such authorized
2703revisions shall be consistent with the intent of the approved
2704operating budget, shall be consistent with legislative policy
2705and intent, and may not conflict with specific spending policies
2706specified in the General Appropriations Act.
2707     2.  Authorized revisions, together with related changes, if
2708any, in the plan for release of appropriations shall be
2709transmitted by the state agency or by the judicial branch to the
2710Chief Financial Officer for entry in the Chief Financial
2711Officer's records in the manner and format prescribed by the
2712Executive Office of the Governor in consultation with the Chief
2713Financial Officer.
2714     3.  The Executive Office of the Governor or the Chief
2715Justice shall forward a copy of the revisions within 7 working
2716days to the Chief Financial Officer for entry in his or her
2717records in the manner and format prescribed by the Executive
2718Office of the Governor in consultation with the Chief Financial
2719Officer.
2720     (2)  The following transfers are authorized to be made by
2721the head of each department or the Chief Justice of the Supreme
2722Court:
2723     (a)  The transfer of appropriations funded from identical
2724funding sources, except appropriations for fixed capital outlay,
2725and the transfer of amounts included within the total original
2726approved budget and plans of releases of appropriations as
2727furnished pursuant to ss. 216.181 and 216.192, as follows:
2728     1.  Between categories of appropriations within a budget
2729entity, if no category of appropriation is increased or
2730decreased by more than 5 percent of the original approved budget
2731or $250,000, whichever is greater, by all action taken under
2732this subsection.
2733     2.  Between budget entities within identical categories of
2734appropriations, if no category of appropriation is increased or
2735decreased by more than 5 percent of the original approved budget
2736or $250,000, whichever is greater, by all action taken under
2737this subsection.
2738     3.  Any agency exceeding salary rate established pursuant
2739to s. 216.181(8) on June 30th of any fiscal year shall not be
2740authorized to make transfers pursuant to subparagraphs 1. and 2.
2741in the subsequent fiscal year.
2742     4.  Notice of proposed transfers under subparagraphs 1. and
27432. shall be provided to the Executive Office of the Governor and
2744the chairs of the legislative appropriations committees at least
27453 days prior to agency implementation in order to provide an
2746opportunity for review. The review shall be limited to ensuring
2747that the transfer is in compliance with the requirements of this
2748paragraph.
2749     (b)  After providing notice at least 5 working days prior
2750to implementation:
2751     1.  The transfer of funds within programs identified in the
2752General Appropriations Act from identical funding sources
2753between the following appropriation categories without
2754limitation so long as such a transfer does not result in an
2755increase, to the total recurring general revenue or trust fund
2756cost of the agency or entity of the judicial branch in the
2757subsequent fiscal year: other personal services, expenses,
2758operating capital outlay, food products, state attorney and
2759public defender operations, data processing services, operating
2760and maintenance of patrol vehicles, overtime payments, salary
2761incentive payments, compensation to retired judges, law
2762libraries, and juror and witness payments.
2763     2.  The transfer of funds and positions from identical
2764funding sources between salaries and benefits appropriation
2765categories within programs identified in the General
2766Appropriations Act. Such transfers must be consistent with
2767legislative policy and intent and may not adversely affect
2768achievement of approved performance outcomes or outputs in any
2769program.
2770     (c)  The transfer of funds appropriated to accounts
2771established for disbursement purposes upon release of such
2772appropriation upon request of a department and approval by the
2773Chief Financial Officer. Such transfer may only be made to the
2774same appropriation category and the same funding source from
2775which the funds are transferred.
2776     (d)  The transfer of funds by the Executive Office of the
2777Governor from appropriations for public school operations to a
2778fixed capital outlay appropriation for class size reduction
2779based on recommendations of the Florida Education Finance
2780Program Appropriation Allocation Conference or the Legislative
2781Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
2782Governor under this subsection are subject to the notice and
2783review provisions of s. 216.177.
2784     (e)  The increase of trust fund appropriation in excess of
2785the limitations provided in subsection (4) for the purpose of
2786distributing statewide appropriations that are allocated to all
2787state agencies based on specific direction in the General
2788Appropriations Act or that have an acceptable prescribed billing
2789methodology in place for cost recovery of services provided.
2790     (3)  The following transfers are authorized with the
2791approval of the Executive Office of the Governor, subject to the
2792notice and review provisions of s. 216.177:
2793     (a)  The transfer of appropriations for operations from
2794trust funds in excess of those provided in subsection (2), up to
2795$1 million.
2796     (b)  The transfer of positions between budget entities.
2797     (c)  The transfer of funds between state agencies by the
2798Executive Office of the Governor to align appropriations with
2799assessments that must be paid by each agency for human resource
2800management services.
2801     (d)  The transfer of funds between state agencies by the
2802Executive Office of the Governor to align appropriations with
2803the premiums paid by each agency for risk management insurance.
2804     (e)  The increase of trust fund appropriations in excess of
2805the limitations provided in subsection (4) for the purpose of
2806distributing statewide appropriations that are allocated to all
2807state agencies based on specific direction in the general
2808appropriations act or which have an acceptable prescribed
2809billing methodology in place for cost recovery of services
2810provided.
2811     (4)  The following transfers are authorized with the
2812approval of the Legislative Budget Commission. Unless waived by
2813the chair and vice chair of the commission, notice of such
2814transfers must be provided 14 days before the commission
2815meeting:
2816     (a)  The transfer of appropriations for operations from the
2817General Revenue Fund in excess of those provided in this section
2818but within a state agency or within the judicial branch, as
2819recommended by the Executive Office of the Governor or the Chief
2820Justice of the Supreme Court.
2821     (b)  The transfer of appropriations for operations from
2822trust funds in excess of those provided in this section that
2823exceed the greater of 5 percent of the original approved budget
2824or $1 million, as recommended by the Executive Office of the
2825Governor or the Chief Justice of the Supreme Court.
2826     (c)  The transfer of the portion of an appropriation for a
2827named fixed capital outlay project found to be in excess of that
2828needed to complete the project to another project for which
2829there has been an appropriation in the same fiscal year from the
2830same fund and within the same department where a deficiency is
2831found to exist, at the request of the Executive Office of the
2832Governor for state agencies or the Chief Justice of the Supreme
2833Court for the judicial branch. The scope of a fixed capital
2834outlay project may not be changed by any transfer of funds made
2835pursuant to this subsection.
2836     (d)  The transfers necessary to accomplish the purposes of
2837reorganization within state agencies or the judicial branch
2838authorized by the Legislature when the necessary adjustments of
2839appropriations and positions have not been provided in the
2840General Appropriations Act.
2841     (5)  A transfer of funds may not result in the initiation
2842of a fixed capital outlay project that has not received a
2843specific legislative appropriation, except that federal funds
2844for fixed capital outlay projects for the Department of Military
2845Affairs, which do not carry a continuing commitment on future
2846appropriations by the Legislature, may be approved by the
2847Executive Office of the Governor for the purpose received,
2848subject to the notice, review, and objection procedures set
2849forth in s. 216.177.
2850     (6)  The Chief Financial Officer shall transfer from any
2851available funds of an agency or the judicial branch the
2852following amounts and shall report all such transfers and the
2853reasons therefor to the legislative appropriations committees
2854and the Executive Office of the Governor:
2855     (a)  The amount due to the Unemployment Compensation Trust
2856Fund which is more than 90 days delinquent on reimbursements due
2857to the Unemployment Compensation Trust Fund. The amount
2858transferred shall be that certified by the state agency
2859providing unemployment tax collection services under contract
2860with the Agency for Workforce Innovation through an interagency
2861agreement pursuant to s. 443.1316.
2862     (b)  The amount due to the Division of Risk Management
2863which is more than 90 days delinquent in payment to the Division
2864of Risk Management of the Department of Financial Services for
2865insurance coverage. The amount transferred shall be that
2866certified by the division.
2867     (c)  The amount due to the Communications Working Capital
2868Trust Fund from moneys appropriated in the General
2869Appropriations Act for the purpose of paying for services
2870provided by the state communications system in the Department of
2871Management Services which is unpaid 45 days after the billing
2872date. The amount transferred shall be that billed by the
2873department.
2874     Section 38.  Section 216.301, Florida Statutes, is amended
2875to read:
2876     216.301  Appropriations; undisbursed balances.--
2877     (1)(a)  Any balance of any appropriation, except an
2878appropriation for fixed capital outlay, which is not disbursed
2879but which is expended or contracted to be expended shall, at the
2880end of each fiscal year, be certified by the head of the
2881affected state agency or the judicial or legislative branches,
2882on or before August 1 of each year, to the Executive Office of
2883the Governor, showing in detail the obligees to whom obligated
2884and the amounts of such obligations. On or before September 1 of
2885each year, the Executive Office of the Governor shall review and
2886approve or disapprove, consistent with legislative policy and
2887intent, any or all of the items and amounts certified by the
2888head of the affected state agency and shall approve all items
2889and amounts certified by the Chief Justice of the Supreme Court
2890for the judicial branch and by the legislative branch and shall
2891furnish the Chief Financial Officer, the legislative
2892appropriations committees, and the Auditor General a detailed
2893listing of the items and amounts approved as legal encumbrances
2894against the undisbursed balance of such appropriation. The
2895review shall assure that trust funds have been fully maximized.
2896Any such encumbered balance remaining undisbursed on December 31
2897of the same calendar year in which such certification was made
2898shall revert to the fund from which appropriated, except as
2899provided in subsection (3), and shall be available for
2900reappropriation by the Legislature. In the event such
2901certification is not made and an obligation is proven to be
2902legal, due, and unpaid, then the obligation shall be paid and
2903charged to the appropriation for the current fiscal year of the
2904state agency or the legislative or judicial branch affected.
2905     (b)  Any balance of any appropriation, except an
2906appropriation for fixed capital outlay, for any given fiscal
2907year remaining after charging against it any lawful expenditure
2908shall revert to the fund from which appropriated and shall be
2909available for reappropriation by the Legislature.
2910     (c)  Each department and the judicial branch shall maintain
2911the integrity of the General Revenue Fund. Appropriations from
2912the General Revenue Fund contained in the original approved
2913budget may be transferred to the proper trust fund for
2914disbursement. Any reversion of appropriation balances from
2915programs which receive funding from the General Revenue Fund and
2916trust funds shall be transferred to the General Revenue Fund
2917within 15 days after such reversion, unless otherwise provided
2918by federal or state law, including the General Appropriations
2919Act. The Executive Office of the Governor or the Chief Justice
2920of the Supreme Court shall determine the state agency or
2921judicial branch programs which are subject to this paragraph.
2922This determination shall be subject to the legislative
2923consultation and objection process in this chapter. The
2924Education Enhancement Trust Fund shall not be subject to the
2925provisions of this section.
2926     (2)(a)  The balance of any appropriation for fixed capital
2927outlay which is not disbursed but expended, contracted, or
2928committed to be expended prior to February 1 of the second
2929fiscal year of the appropriation, or the third fiscal year if it
2930is for an educational facility as defined in chapter 1013 or for
2931a construction project of a state university, shall be certified
2932by the head of the affected state agency or the legislative or
2933judicial branch on February 1 to the Executive Office of the
2934Governor, showing in detail the commitment or to whom obligated
2935and the amount of the commitment or obligation. The Executive
2936Office of the Governor shall review and approve or disapprove,
2937consistent with criteria jointly developed by the Executive
2938Office of the Governor and the legislative appropriations
2939committees, the continuation of such unexpended balances. The
2940Executive Office of the Governor shall, no later than February
294120 of each year, furnish the Chief Financial Officer, the
2942legislative appropriations committees, and the Auditor General a
2943report listing in detail the items and amounts reverting under
2944the authority of this subsection, including the fund to which
2945reverted and the agency affected.
2946     (b)  The certification required in this subsection shall be
2947in the form and on the date approved by the Executive Office of
2948the Governor. Any balance that is not certified shall revert to
2949the fund from which it was appropriated and be available for
2950reappropriation.
2951     (c)  The balance of any appropriation for fixed capital
2952outlay certified forward under paragraph (a) which is not
2953disbursed but expended, contracted, or committed to be expended
2954prior to the end of the second fiscal year of the appropriation,
2955or the third fiscal year if it is for an educational facility as
2956defined in chapter 1013 or for a construction project of a state
2957university, and any subsequent fiscal year, shall be certified
2958by the head of the affected state agency or the legislative or
2959judicial branch on or before August 1 of each year to the
2960Executive Office of the Governor, showing in detail the
2961commitment or to whom obligated and the amount of such
2962commitment or obligation. On or before September 1 of each year,
2963the Executive Office of the Governor shall review and approve or
2964disapprove, consistent with legislative policy and intent, any
2965or all of the items and amounts certified by the head of the
2966affected state agency and shall approve all items and amounts
2967certified by the Chief Justice of the Supreme Court and by the
2968legislative branch and shall furnish the Chief Financial
2969Officer, the legislative appropriations committees, and the
2970Auditor General a detailed listing of the items and amounts
2971approved as legal encumbrances against the undisbursed balances
2972of such appropriations. If such certification is not made and
2973the balance of the appropriation has reverted and the obligation
2974is proven to be legal, due, and unpaid, the obligation shall be
2975presented to the Legislature for its consideration.
2976     (3)  The President of the Senate and the Speaker of the
2977House of Representatives may notify the Executive Office of the
2978Governor to retain certified-forward balances from legislative
2979budget entities until June 30 of the following fiscal year.
2980     (2)(a)  Any balance of any appropriation for fixed capital
2981outlay not disbursed but expended or contracted or committed to
2982be expended shall, at the end of each fiscal year, be certified
2983by the head of the affected state agency or the legislative or
2984judicial branch, on or before August 1 of each year, to the
2985Executive Office of the Governor, showing in detail the
2986commitment or to whom obligated and the amount of such
2987commitment or obligation. On or before September 1 of each year,
2988the Executive Office of the Governor shall review and approve or
2989disapprove, consistent with legislative policy and intent, any
2990or all of the items and amounts certified by the head of the
2991affected state agency and shall approve all items and amounts
2992certified by the Chief Justice of the Supreme Court and by the
2993legislative branch and shall furnish the Chief Financial
2994Officer, the legislative appropriations committees, and the
2995Auditor General a detailed listing of the items and amounts
2996approved as legal encumbrances against the undisbursed balances
2997of such appropriations. In the event such certification is not
2998made and the balance of the appropriation has reverted and the
2999obligation is proven to be legal, due, and unpaid, then the same
3000shall be presented to the Legislature for its consideration.
3001     (b)  Such certification as herein required shall be in the
3002form and on the date approved by the Executive Office of the
3003Governor. Any balance not so certified shall revert to the fund
3004from which appropriated and shall be available for
3005reappropriation.
3006     (3)  Notwithstanding the provisions of subsection (2), the
3007unexpended balance of any appropriation for fixed capital outlay
3008subject to but not under the terms of a binding contract or a
3009general construction contract prior to February 1 of the second
3010fiscal year, or the third fiscal year if it is for an
3011educational facility as defined in chapter 1013 or a
3012construction project of a state university, of the appropriation
3013shall revert on February 1 of such year to the fund from which
3014appropriated and shall be available for reappropriation. The
3015Executive Office of the Governor shall, not later than February
301620 of each year, furnish the Chief Financial Officer, the
3017legislative appropriations committees, and the Auditor General a
3018report listing in detail the items and amounts reverting under
3019the authority of this subsection, including the fund to which
3020reverted and the agency affected.
3021     Section 39.  Effective July 1, 2006, subsection (1) of
3022section 216.301, Florida Statutes, as amended by this act, is
3023amended to read:
3024     216.301  Appropriations; undisbursed balances.--
3025     (1)(a)  Any balance of any appropriation, except an
3026appropriation for fixed capital outlay, which is not disbursed
3027but which is expended or contracted to be expended shall, at the
3028end of each fiscal year, be certified by the head of the
3029affected state agency or the judicial or legislative branches,
3030on or before August 1 of each year, to the Executive Office of
3031the Governor, showing in detail the obligees to whom obligated
3032and the amounts of such obligations. On or before September 1 of
3033each year, the Executive Office of the Governor shall review and
3034approve or disapprove, consistent with legislative policy and
3035intent, any or all of the items and amounts certified by the
3036head of the affected state agency and shall approve all items
3037and amounts certified by the Chief Justice of the Supreme Court
3038for the judicial branch and by the legislative branch and shall
3039furnish the Chief Financial Officer, the legislative
3040appropriations committees, and the Auditor General a detailed
3041listing of the items and amounts approved as legal encumbrances
3042against the undisbursed balance of such appropriation. The
3043review shall assure that trust funds have been fully maximized.
3044Any such encumbered balance remaining undisbursed on September
304530 December 31 of the same calendar year in which such
3046certification was made shall revert to the fund from which
3047appropriated, except as provided in subsection (3), and shall be
3048available for reappropriation by the Legislature. In the event
3049such certification is not made and an obligation is proven to be
3050legal, due, and unpaid, then the obligation shall be paid and
3051charged to the appropriation for the current fiscal year of the
3052state agency or the legislative or judicial branch affected.
3053     (b)  Any balance of any appropriation, except an
3054appropriation for fixed capital outlay, for any given fiscal
3055year remaining after charging against it any lawful expenditure
3056shall revert to the fund from which appropriated and shall be
3057available for reappropriation by the Legislature.
3058     (c)  Each department and the judicial branch shall maintain
3059the integrity of the General Revenue Fund. Appropriations from
3060the General Revenue Fund contained in the original approved
3061budget may be transferred to the proper trust fund for
3062disbursement. Any reversion of appropriation balances from
3063programs which receive funding from the General Revenue Fund and
3064trust funds shall be transferred to the General Revenue Fund
3065within 15 days after such reversion, unless otherwise provided
3066by federal or state law, including the General Appropriations
3067Act. The Executive Office of the Governor or the Chief Justice
3068of the Supreme Court shall determine the state agency or
3069judicial branch programs which are subject to this paragraph.
3070This determination shall be subject to the legislative
3071consultation and objection process in this chapter. The
3072Education Enhancement Trust Fund shall not be subject to the
3073provisions of this section.
3074     Section 40.  Subsection (3) of section 218.60, Florida
3075Statutes, is amended to read:
3076     218.60  Definitions.--
3077     (3)  All estimates of moneys provided pursuant to this part
3078utilized by participating units of local government in the first
3079year of participation shall be equal to 95 percent of those
3080projections made by the revenue estimating conference and
3081provided to local governments by the Office of Economic and
3082Demographic Research, in consultation with the Department of
3083Revenue.
3084     Section 41.  Subsection (2) of section 252.37, Florida
3085Statutes, is amended to read:
3086     252.37  Financing.--
3087     (2)  It is the legislative intent that the first recourse
3088be made to funds regularly appropriated to state and local
3089agencies. If the Governor finds that the demands placed upon
3090these funds in coping with a particular disaster declared by the
3091Governor as a state of emergency are unreasonably great, she or
3092he may make funds available by transferring and expending moneys
3093appropriated for other purposes, by transferring and expending
3094moneys out of any unappropriated surplus funds, or from the
3095Budget Stabilization Fund or Working Capital Fund. Following the
3096expiration or termination of the state of emergency, the
3097Governor may process a budget amendment under the notice and
3098review procedures set forth in s. 216.177 to transfer moneys to
3099satisfy the budget authority granted for such emergency.
3100     Section 42.  Subsection (3) of section 265.55, Florida
3101Statutes, is amended to read:
3102     265.55  Claims.--
3103     (3)  The authorization for payment delineated in subsection
3104(2) shall be forwarded to the Chief Financial Officer. The Chief
3105Financial Officer shall take appropriate action to execute
3106authorized payment of the claim from unobligated, unappropriated
3107moneys in the General Revenue Working Capital Fund, as defined
3108in s. 215.32.
3109     Section 43.  Subsection (5) of section 288.7091, Florida
3110Statutes, is amended to read:
3111     288.7091  Duties of the Florida Black Business Investment
3112Board, Inc.--The Florida Black Business Investment Board, Inc.,
3113shall:
3114     (5)  Include in the criteria for loan decisions,
3115occupational forecasting results set forth in s. 216.136(7)(9)
3116which target high growth jobs;
3117     Section 44.  Subsection (5) of section 320.20, Florida
3118Statutes, is amended to read:
3119     320.20  Disposition of license tax moneys.--The revenue
3120derived from the registration of motor vehicles, including any
3121delinquent fees and excluding those revenues collected and
3122distributed under the provisions of s. 320.081, must be
3123distributed monthly, as collected, as follows:
3124     (5)(a)  Except as provided in paragraph (c), the remainder
3125of such revenues must be deposited in the State Transportation
3126Trust Fund.
3127     (b)  The Chief Financial Officer each month shall deposit
3128in the State Transportation Trust Fund an amount, drawn from
3129other funds in the State Treasury which are not immediately
3130needed or are otherwise in excess of the amount necessary to
3131meet the requirements of the State Treasury, which when added to
3132such remaining revenues each month will equal one-twelfth of the
3133amount of the anticipated annual revenues to be deposited in the
3134State Transportation Trust Fund under paragraph (a) as
3135determined by the Chief Financial Officer after consultation
3136with the estimated by the most recent revenue estimating
3137conference held pursuant to s. 216.136(3). The transfers
3138required hereunder may be suspended by action of the Legislative
3139Budget Commission in the event of a significant shortfall of
3140state revenues.
3141     (c)  In any month in which the remaining revenues derived
3142from the registration of motor vehicles exceed one-twelfth of
3143those anticipated annual remaining revenues as determined by the
3144Chief Financial Officer after consultation with the revenue
3145estimating conference, the excess shall be credited to those
3146state funds in the State Treasury from which the amount was
3147originally drawn, up to the amount which was deposited in the
3148State Transportation Trust Fund under paragraph (b). A final
3149adjustment must be made in the last months of a fiscal year so
3150that the total revenue deposited in the State Transportation
3151Trust Fund each year equals the amount derived from the
3152registration of motor vehicles, less the amount distributed
3153under subsection (1). For the purposes of this paragraph and
3154paragraph (b), the term "remaining revenues" means all revenues
3155deposited into the State Transportation Trust Fund under
3156paragraph (a) and subsections (2) and (3). In order that
3157interest earnings continue to accrue to the General Revenue
3158Fund, the Department of Transportation may not invest an amount
3159equal to the cumulative amount of funds deposited in the State
3160Transportation Trust Fund under paragraph (b) less funds
3161credited under this paragraph as computed on a monthly basis.
3162The amounts to be credited under this and the preceding
3163paragraph must be calculated and certified to the Chief
3164Financial Officer by the Executive Office of the Governor.
3165     Section 45.  Section 337.023, Florida Statutes, is amended
3166to read:
3167     337.023  Sale of building; acceptance of replacement
3168building.--Notwithstanding the provisions of s.
3169216.292(2)(b)2.(4)(b), if the department sells a building, the
3170department may accept the construction of a replacement
3171building, in response to a request for proposals, totally or
3172partially in lieu of cash, and may do so without a specific
3173legislative appropriation. Such action is subject to the
3174approval of the Executive Office of the Governor, and is subject
3175to the notice, review, and objection procedures under s.
3176216.177. The replacement building shall be consistent with the
3177current and projected needs of the department as agreed upon by
3178the department and the Department of Management Services.
3179     Section 46.  Paragraph (a) of subsection (2), paragraphs
3180(c) and (f) of subsection (6), and subsection (7) of section
3181339.135, Florida Statutes, are amended to read:
3182     339.135  Work program; legislative budget request;
3183definitions; preparation, adoption, execution, and amendment.--
3184     (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
3185FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--
3186     (a)  The department shall file the legislative budget
3187request in the manner required by chapter 216, setting forth the
3188department's proposed revenues and expenditures for operational
3189and fixed capital outlay needs to accomplish the objectives of
3190the department in the ensuing fiscal year. The right-of-way,
3191construction, preliminary engineering, maintenance, and all
3192grants and aids programs of the department shall be set forth
3193only in program totals. The legislative budget request must
3194include a balanced 36-month forecast of cash and expenditures
3195and a 5-year finance plan. The legislative budget request shall
3196be amended to conform to the tentative work program. The
3197department may not amend its legislative budget request and the
3198tentative work program to include increased revenues based on
3199the most recent estimating conference estimate of revenues and
3200the most recent federal aid apportionments until such increased
3201amounts are appropriated by the Legislature.
3202     (6)  EXECUTION OF THE BUDGET.--
3203     (c)  Notwithstanding the provisions of s. ss. 216.301(3)
3204and 216.351, any unexpended balance remaining at the end of the
3205fiscal year in the appropriations to the department for special
3206categories; aid to local governments; lump sums for project
3207phases which are part of the adopted work program, and for which
3208contracts have been executed or bids have been let; and for
3209right-of-way land acquisition and relocation assistance for
3210parcels from project phases in the adopted work program for
3211which appraisals have been completed and approved, may be
3212certified forward as fixed capital outlay under the provisions
3213of s. 216.301(2)(a). Any project phases in the adopted work
3214program not certified forward under the provisions of s.
3215216.301(2)(a) shall be available for roll forward for the next
3216fiscal year of the adopted work program. Spending authority
3217associated with such project phases may be rolled forward to the
3218next fiscal year upon approval by the Legislative Budget
3219Commission pursuant to paragraph (f). Increases in spending
3220authority shall be limited to amounts of unexpended balances by
3221appropriation category. Any project phase certified forward for
3222which bids have been let but subsequently rejected shall be
3223available for roll forward in the adopted work program for the
3224next fiscal year. Spending authority associated with such
3225project phases may be rolled forward into the current year from
3226funds certified forward pursuant to paragraph (f). The amount
3227certified forward may include contingency allowances for right-
3228of-way acquisition and relocation, asphalt and petroleum product
3229escalation clauses, and contract overages, which allowances
3230shall be separately identified in the certification detail.
3231Right-of-way acquisition and relocation and contract overages
3232contingency allowances shall be based on documented historical
3233patterns. These contingency amounts shall be incorporated in the
3234certification for each specific category, but when a category
3235has an excess and another category has a deficiency, the
3236Executive Office of the Governor is authorized to transfer the
3237excess to the deficient account.
3238     (f)  Notwithstanding the provisions of ss. 216.181(1),
3239216.292, and 216.351, the Executive Office of the Governor may
3240amend that portion of the department's original approved fixed
3241capital outlay budget which comprises the work program pursuant
3242to subsection (7). Increase in spending authority in paragraph
3243(c) shall be limited to amounts of unexpended balances by
3244appropriation category.
3245     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
3246     (a)  Notwithstanding the provisions of ss. 216.181(1),
3247216.292, and 216.351, the adopted work program may be amended
3248only pursuant to the provisions of this subsection.
3249     (a)(b)  The department may not transfer any funds for any
3250project or project phase between department districts. However,
3251a district secretary may agree to a loan of funds to another
3252district, if:
3253     1.  The funds are used solely to maximize the use or amount
3254of funds available to the state;
3255     2.  The loan agreement is executed in writing and is signed
3256by the district secretaries of the respective districts;
3257     3.  Repayment of the loan is to be made within 3 years
3258after the date on which the agreement was entered into; and
3259     4.  The adopted work program of the district loaning the
3260funds would not be substantially impaired if the loan were made,
3261according to the district secretary.
3262
3263The loan constitutes an amendment to the adopted work program
3264and is subject to the procedures specified in paragraph (b) (c).
3265     (b)(c)  The department may amend the adopted work program
3266to transfer appropriations within the department, except that
3267the following amendments shall be subject to the procedures in
3268paragraph (c)(d):
3269     1.  Any amendment which deletes any project or project
3270phase;
3271     2.  Any amendment which adds a project estimated to cost
3272over $150,000 in funds appropriated by the Legislature;
3273     3.  Any amendment which advances or defers to another
3274fiscal year, a right-of-way phase, a construction phase, or a
3275public transportation project phase estimated to cost over
3276$500,000 in funds appropriated by the Legislature, except an
3277amendment advancing or deferring a phase for a period of 90 days
3278or less; or
3279     4.  Any amendment which advances or defers to another
3280fiscal year, any preliminary engineering phase or design phase
3281estimated to cost over $150,000 in funds appropriated by the
3282Legislature, except an amendment advancing or deferring a phase
3283for a period of 90 days or less.
3284     (c)(d)1.  Whenever the department proposes any amendment to
3285the adopted work program, which amendment is defined in
3286subparagraph (b)1.(c)1., subparagraph (b)2.(c)2., subparagraph
3287(b)3.(c)3., or subparagraph (b)4.(c)4., it shall submit the
3288proposed amendment to the Governor for approval and shall
3289immediately notify the chairs of the legislative appropriations
3290committees, the chairs of the legislative transportation
3291committees, each member of the Legislature who represents a
3292district affected by the proposed amendment, each metropolitan
3293planning organization affected by the proposed amendment, and
3294each unit of local government affected by the proposed
3295amendment. Such proposed amendment shall provide a complete
3296justification of the need for the proposed amendment.
3297     2.  The Governor shall not approve a proposed amendment
3298until 14 days following the notification required in
3299subparagraph 1.
3300     3.  If either of the chairs of the legislative
3301appropriations committees or the President of the Senate or the
3302Speaker of the House of Representatives objects in writing to a
3303proposed amendment within 14 days following notification and
3304specifies the reasons for such objection, the Governor shall
3305disapprove the proposed amendment or shall submit the proposed
3306amendment to the Administration Commission. The proposed
3307amendment may be approved by the Administration Commission by a
3308two-thirds vote of the members present with the Governor voting
3309in the affirmative. In the absence of approval by the
3310commission, the proposed amendment shall be automatically
3311disapproved.
3312     (d)(e)  Notwithstanding the requirements in paragraph (c)
3313(d) and ss. 216.177(2) and 216.351, the secretary may request
3314the Executive Office of the Governor to amend the adopted work
3315program when an emergency exists, as defined in s. 252.34(3),
3316and the emergency relates to the repair or rehabilitation of any
3317state transportation facility. The Executive Office of the
3318Governor may approve the amendment to the adopted work program
3319and amend that portion of the department's approved budget in
3320the event that the delay incident to the notification
3321requirements in paragraph (c)(d) would be detrimental to the
3322interests of the state. However, the department shall
3323immediately notify the parties specified in paragraph (c)(d) and
3324shall provide such parties written justification for the
3325emergency action within 7 days of the approval by the Executive
3326Office of the Governor of the amendment to the adopted work
3327program and the department's budget. In no event may the adopted
3328work program be amended under the provisions of this subsection
3329without the certification by the comptroller of the department
3330that there are sufficient funds available pursuant to the 36-
3331month cash forecast and applicable statutes.
3332     (e)(f)  The department may authorize the investment of the
3333earnings accrued and collected upon the investment of the
3334minimum balance of funds required to be maintained in the State
3335Transportation Trust Fund pursuant to paragraph (a)(b). Such
3336investment shall be limited as provided in s. 288.9607(7).
3337     Section 47.  Subsection (2) of section 373.6065, Florida
3338Statutes, is amended to read:
3339     373.6065  Adoption benefits for water management district
3340employees.--
3341     (2)  The Chief Financial Officer and the Department of
3342Management Services shall transfer funds to water management
3343districts to pay eligible water management district employees
3344for these child adoption monetary benefits in accordance with s.
3345215.32(2)(c)5.(1)(c)5., as long as funds remain available for
3346the program described under s. 110.152.
3347     Section 48.  Subsection (3) of section 381.0303, Florida
3348Statutes, is amended to read:
3349     381.0303  Health practitioner recruitment for special needs
3350shelters.--
3351     (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The
3352Department of Health shall reimburse, subject to the
3353availability of funds for this purpose, health care
3354practitioners, as defined in s. 456.001, provided the
3355practitioner is not providing care to a patient under an
3356existing contract, and emergency medical technicians and
3357paramedics licensed pursuant to chapter 401 for medical care
3358provided at the request of the department in special needs
3359shelters or at other locations during times of emergency or
3360major disaster. Reimbursement for health care practitioners,
3361except for physicians licensed pursuant to chapter 458 or
3362chapter 459, shall be based on the average hourly rate that such
3363practitioners were paid according to the most recent survey of
3364Florida hospitals conducted by the Florida Hospital Association.
3365Reimbursement shall be requested on forms prepared by the
3366Department of Health. If a Presidential Disaster Declaration has
3367been made, and the Federal Government makes funds available, the
3368department shall use such funds for reimbursement of eligible
3369expenditures. In other situations, or if federal funds do not
3370fully compensate the department for reimbursement made pursuant
3371to this section, the department shall process submit to the
3372Cabinet or Legislature, as appropriate, a budget amendment to
3373obtain reimbursement from unobligated, unappropriated moneys in
3374the General Revenue working capital Fund. Travel expense and per
3375diem costs shall be reimbursed pursuant to s. 112.061.
3376     Section 49.  Subsection (3) of section 392.69, Florida
3377Statutes, is amended to read:
3378     392.69  Appropriation, sinking, and maintenance trust
3379funds; additional powers of the department.--
3380     (3)  In the execution of its public health program
3381functions, notwithstanding s. 216.292(2)(b)2.(4)(b), the
3382department is hereby authorized to use any sums of money which
3383it may heretofore have saved or which it may hereafter save from
3384its regular operating appropriation, or use any sums of money
3385acquired by gift or grant, or any sums of money it may acquire
3386by the issuance of revenue certificates of the hospital to match
3387or supplement any state or federal funds, or any moneys received
3388by said department by gift or otherwise, for the construction or
3389maintenance of additional facilities or improvement to existing
3390facilities, as the department deems necessary.
3391     Section 50.  Subsection (5) of section 409.906, Florida
3392Statutes, is amended to read:
3393     409.906  Optional Medicaid services.--Subject to specific
3394appropriations, the agency may make payments for services which
3395are optional to the state under Title XIX of the Social Security
3396Act and are furnished by Medicaid providers to recipients who
3397are determined to be eligible on the dates on which the services
3398were provided. Any optional service that is provided shall be
3399provided only when medically necessary and in accordance with
3400state and federal law. Optional services rendered by providers
3401in mobile units to Medicaid recipients may be restricted or
3402prohibited by the agency. Nothing in this section shall be
3403construed to prevent or limit the agency from adjusting fees,
3404reimbursement rates, lengths of stay, number of visits, or
3405number of services, or making any other adjustments necessary to
3406comply with the availability of moneys and any limitations or
3407directions provided for in the General Appropriations Act or
3408chapter 216. If necessary to safeguard the state's systems of
3409providing services to elderly and disabled persons and subject
3410to the notice and review provisions of s. 216.177, the Governor
3411may direct the Agency for Health Care Administration to amend
3412the Medicaid state plan to delete the optional Medicaid service
3413known as "Intermediate Care Facilities for the Developmentally
3414Disabled." Optional services may include:
3415     (5)  CASE MANAGEMENT SERVICES.--The agency may pay for
3416primary care case management services rendered to a recipient
3417pursuant to a federally approved waiver, and targeted case
3418management services for specific groups of targeted recipients,
3419for which funding has been provided and which are rendered
3420pursuant to federal guidelines. The agency is authorized to
3421limit reimbursement for targeted case management services in
3422order to comply with any limitations or directions provided for
3423in the General Appropriations Act. Notwithstanding s. 216.292,
3424the Department of Children and Family Services may transfer
3425general funds to the Agency for Health Care Administration to
3426fund state match requirements exceeding the amount specified in
3427the General Appropriations Act for targeted case management
3428services.
3429     Section 51.  Subsection (11) of section 409.912, Florida
3430Statutes, is amended to read:
3431     409.912  Cost-effective purchasing of health care.--
3432     (11)  The agency, after notifying the Legislature, may
3433apply for waivers of applicable federal laws and regulations as
3434necessary to implement more appropriate systems of health care
3435for Medicaid recipients and reduce the cost of the Medicaid
3436program to the state and federal governments and shall implement
3437such programs, after legislative approval, within a reasonable
3438period of time after federal approval. These programs must be
3439designed primarily to reduce the need for inpatient care,
3440custodial care and other long-term or institutional care, and
3441other high-cost services.
3442     (a)  Prior to seeking legislative approval of such a waiver
3443as authorized by this subsection, the agency shall provide
3444notice and an opportunity for public comment. Notice shall be
3445provided to all persons who have made requests of the agency for
3446advance notice and shall be published in the Florida
3447Administrative Weekly not less than 28 days prior to the
3448intended action.
3449     (b)  Notwithstanding s. 216.292, funds that are
3450appropriated to the Department of Elderly Affairs for the
3451Assisted Living for the Elderly Medicaid waiver and are not
3452expended shall be transferred to the agency to fund Medicaid-
3453reimbursed nursing home care.
3454     Section 52.  Section 409.16745, Florida Statutes, is
3455amended to read:
3456     409.16745  Community partnership matching grant
3457program.--It is the intent of the Legislature to improve
3458services and local participation in community-based care
3459initiatives by fostering community support and providing
3460enhanced prevention and in-home services, thereby reducing the
3461risk otherwise faced by lead agencies. There is established a
3462community partnership matching grant program to be operated by
3463the Department of Children and Family Services for the purpose
3464of encouraging local participation in community-based care for
3465child welfare. Any children's services council or other local
3466government entity that makes a financial commitment to a
3467community-based care lead agency is eligible for a grant upon
3468proof that the children's services council or local government
3469entity has provided the selected lead agency at least $250,000
3470from any local resources otherwise available to it. The total
3471amount of local contribution may be matched on a two-for-one
3472basis up to a maximum amount of $2 million per council or local
3473government entity. Awarded matching grant funds may be used for
3474any prevention or in-home services provided by the children's
3475services council or other local government entity that meets
3476temporary-assistance-for-needy-families' eligibility
3477requirements and can be reasonably expected to reduce the number
3478of children entering the child welfare system. To ensure
3479necessary flexibility for the development, start up, and ongoing
3480operation of community-based care initiatives, the notice period
3481required for any budget action authorized by the provisions of
3482s. 20.19(5)(b), is waived for the family safety program;
3483however, the Department of Children and Family Services must
3484provide copies of all such actions to the Executive Office of
3485the Governor and Legislature within 72 hours of their
3486occurrence. Funding available for the matching grant program is
3487subject to legislative appropriation of nonrecurring funds
3488provided for the purpose.
3489     Section 53.  Subsection (2) of section 468.392, Florida
3490Statutes, is amended to read:
3491     468.392  Auctioneer Recovery Fund.--There is created the
3492Auctioneer Recovery Fund as a separate account in the
3493Professional Regulation Trust Fund. The fund shall be
3494administered by the Florida Board of Auctioneers.
3495     (2)  All payments and disbursements from the Auctioneer
3496Recovery Fund shall be made by the Chief Financial Officer upon
3497a voucher signed by the Secretary of Business and Professional
3498Regulation or the secretary's designee. Amounts transferred to
3499the Auctioneer Recovery Fund shall not be subject to any
3500limitation imposed by an appropriation act of the Legislature.
3501     Section 54.  Subsection (6) of section 475.484, Florida
3502Statutes, is amended to read:
3503     475.484  Payment from the fund.--
3504     (6)  All payments and disbursements from the Real Estate
3505Recovery Fund shall be made by the Chief Financial Officer upon
3506a voucher signed by the secretary of the department. Amounts
3507transferred to the Real Estate Recovery Fund shall not be
3508subject to any limitation imposed by an appropriation act of the
3509Legislature.
3510     Section 55.  Paragraph (b) of subsection (9) of section
3511921.001, Florida Statutes, is amended to read:
3512     921.001  Sentencing Commission and sentencing guidelines
3513generally.--
3514     (9)
3515     (b)  On or after January 1, 1994, any legislation which:
3516     1.  Creates a felony offense;
3517     2.  Enhances a misdemeanor offense to a felony offense;
3518     3.  Moves a felony offense from a lesser offense severity
3519level to a higher offense severity level in the offense severity
3520ranking chart in s. 921.0012; or
3521     4.  Reclassifies an existing felony offense to a greater
3522felony classification
3523
3524must provide that such a change result in a net zero sum impact
3525in the overall prison population, as determined by the
3526Legislature, considering the most recent estimates of the
3527Criminal Justice Estimating Conference, unless the legislation
3528contains a funding source sufficient in its base or rate to
3529accommodate such change or a provision which specifically
3530abrogates the application of this paragraph.
3531     Section 56.  Paragraph (a) of subsection (4) of section
35321003.03, Florida Statutes, is amended to read:
3533     1003.03  Maximum class size.--
3534     (4)  ACCOUNTABILITY.--
3535     (a)  Beginning in the 2003-2004 fiscal year, if the
3536department determines for any year that a school district has
3537not reduced average class size as required in subsection (2) at
3538the time of the third FEFP calculation, the department shall
3539calculate an amount from the class size reduction operating
3540categorical which is proportionate to the amount of class size
3541reduction not accomplished. Upon verification of the
3542department's calculation by the Florida Education Finance
3543Program Appropriation Allocation Conference, the Executive
3544Office of the Governor shall transfer undistributed funds
3545equivalent to the calculated amount from the district's class
3546size reduction operating categorical to an approved fixed
3547capital outlay appropriation for class size reduction in the
3548affected district pursuant to s. 216.292(2)(d)(13). The amount
3549of funds transferred shall be the lesser of the amount verified
3550by the Florida Education Finance Program Appropriation
3551Allocation Conference or the undistributed balance of the
3552district's class size reduction operating categorical. However,
3553based upon a recommendation by the Commissioner of Education
3554that the State Board of Education has reviewed evidence
3555indicating that a district has been unable to meet class size
3556reduction requirements despite appropriate effort to do so, the
3557Legislative Budget Commission may approve an alternative amount
3558of funds to be transferred from the district's class size
3559reduction operating categorical to its approved fixed capital
3560outlay account for class size reduction.
3561     Section 57.  Paragraph (a) of subsection (1) of section
35621009.536, Florida Statutes, is amended to read:
3563     1009.536  Florida Gold Seal Vocational Scholars award.--The
3564Florida Gold Seal Vocational Scholars award is created within
3565the Florida Bright Futures Scholarship Program to recognize and
3566reward academic achievement and career preparation by high
3567school students who wish to continue their education.
3568     (1)  A student is eligible for a Florida Gold Seal
3569Vocational Scholars award if the student meets the general
3570eligibility requirements for the Florida Bright Futures
3571Scholarship Program and the student:
3572     (a)  Completes the secondary school portion of a sequential
3573program of studies that requires at least three secondary school
3574career credits taken over at least 2 academic years, and is
3575continued in a planned, related postsecondary education program.
3576If the student's school does not offer such a two-plus-two or
3577tech-prep program, the student must complete a job-preparatory
3578career education program selected by the Workforce Estimating
3579Conference or Workforce Florida, Inc., for its ability to
3580provide high-wage employment in an occupation with high
3581potential for employment opportunities. On-the-job training may
3582not be substituted for any of the three required career credits.
3583     Section 58.  Any undisbursed appropriations made from the
3584Working Capital Fund, previously created in section 215.32,
3585Florida Statutes, are reappropriated from unallocated moneys in
3586the General Revenue Fund; any appropriations made to the Working
3587Capital Fund are reappropriated to the General Revenue Fund; and
3588any references to the Working Capital Fund in proviso language
3589or in the Fiscal Year 2005-2006 General appropriations Act or
3590similar legislation shall be replaced with "the General Revenue
3591Fund." This section expires July 1, 2006.
3592     Section 59.  Sections 216.1825, 216.183, and 288.1234,
3593Florida Statutes, are repealed.
3594     Section 60.  Except as otherwise provided herein, this act
3595shall take effect upon becoming a law.


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