October 16, 2019
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_h1825c1
HB 1825CS

CHAMBER ACTION




1The Fiscal Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the management of state financial
7matters; amending s. 14.2015, F.S.; requiring the Office
8of Tourism, Trade, and Economic Development and the
9Florida Commission on Tourism to advise and consult with
10the Consensus Estimating Conference principals concerning
11certain duties; amending s. 20.19, F.S.,; eliminating
12certain transfer authority of district administrators in
13the Department of Children and Family Services; amending
14s. 20.316, F.S., relating to the Department of Juvenile
15Justice information systems; correcting a reference;
16amending s. 45.062, F.S.; limiting the ability of agencies
17to settle lawsuits in certain circumstances; amending s.
18110.1239, F.S.; correcting a cross reference; amending s.
19110.1245, F.S., relating to a savings sharing program;
20correcting a reference; amending s. 215.32, F.S.;
21providing for unallocated general revenue; revising a
22provision relating to the restoration of expenditures from
23the Budget Stabilization Fund; revising requirements and
24uses of Working Capital Fund moneys; amending s. 215.5601,
25F.S.; revising provisions relating to appropriations to
26and uses of the Lawton Chiles Endowment Fund; amending ss.
27215.93 and 215.94, F.S.; revising duties of the Financial
28Management Information Board, the functional owners of
29information subsystems, and the Auditor General relating
30to the Florida Financial Management Information System;
31amending s. 215.97, F.S., relating to the Florida Single
32Audit Act; revising and providing definitions; revising
33the uniform state audit requirements for state financial
34assistance provided by state agencies to nonstate
35entities; requiring the Department of Financial Services
36to adopt rules and perform additional duties with respect
37to the provision of financial assistance to carry out
38state projects; revising duties of the Executive Office of
39the Governor and Chief Financial Officer and specifying
40duties of coordinating agencies; exempting certain
41nonstate entities from the requirements of the Florida
42Single Audit Act; amending s. 216.011, F.S.; revising and
43providing definitions; amending s. 216.013, F.S.; revising
44requirements for the long-range program plans developed by
45state agencies and the judicial branch; providing for the
46preparation of form, manner, and timeframe instructions
47for such plans; revising the plan submission date;
48revising the date by which to submit adjustments to such
49plans; requiring the plans to be posted on the Internet;
50providing that long-range program plans are exempt from
51ch. 120; amending s. 216.023, F.S.; providing for
52alternate dates for agencies to submit legislative budget
53requests; changing the requirements for an annual
54inventory of certain litigation; requiring and specifying
55additional information in legislative budget requests;
56revising requirements of the judicial branch's legislative
57budget requests; revising duties of the Executive Office
58of the Governor, the Legislature, and the Chief Justice
59relating to legislative budget requests; amending s.
60216.031, F.S.; revising requirements for target budget
61requests; amending s. 216.052, F.S.; deleting certain
62requirements relating to community budget requests;
63amending s. 216.053, F.S.; deleting the requirement that
64the General Appropriations Act contain summary information
65concerning performance-based program budgets; amending s.
66216.065, F.S.; revising requirements relating to fiscal
67impact statements on actions affecting the budget;
68amending s. 216.081, F.S.; providing data requirements for
69the Governor's recommended budget under certain
70circumstances; amending s. 216.133, F.S.; deleting
71references to conform; amending s. 216.134, F.S.;
72stipulating that consensus estimating conferences are
73within the legislative branch; revising provisions
74relating to public meetings of consensus estimating
75conferences; amending s. 216.136, F.S.; deleting
76provisions for the Child Welfare System Estimating
77Conference and the Juvenile Justice Estimating Conference;
78revising provisions relating to the principals of the
79Self-Insurance Estimating Conference and the Florida
80Retirement System Actuarial Assumption Conference;
81amending s. 216.162, F.S.; revising the date for the
82Governor to submit the recommended budget to the
83Legislature; amending s. 216.163, F.S.; authorizing the
84Governor's budget recommendation to include an alternative
85recommendation for operating and fixed capital outlay
86appropriations to that of the Chief Justice; amending s.
87216.167, F.S.; deleting references to the Working Capital
88Fund, to conform; amending s. 216.168, F.S.; deleting
89provisions exempting the Governor from a requirement to
90submit amended recommendations; amending s. 216.177, F.S.;
91revising notice and review requirements for actions taken
92under ch. 216, F.S., to provide for funds expended in
93settlement of agency litigation; deleting an obsolete
94provision; amending s. 216.181, F.S.; requiring approval
95of certain amendments to an approved operating budget by
96the Legislative Budget Commission; revising requirements
97for determining salary rates; authorizing the Legislative
98Budget Commission to approve salary rates; revising
99provisions relating to how the annual salary rate is
100determined and controlled; deleting certain notice
101requirements; requiring that the legislative
102appropriations committees approve certain nonoperating
103budgets; deleting the authority to advance certain
104contracted services funds in the Department of Children
105and Family Service and the Department of Health; amending
106s. 216.192, F.S.; deleting provisions authorizing the
107legislative appropriations committees to provide advice
108regarding the release of funds; authorizing the Executive
109Office of the Governor and the Chief Justice to place
110appropriations in mandatory reserve or budget reserve;
111amending s. 216.195, F.S.; deleting certain notice and
112review requirements for the impoundment of funds; amending
113s. 216.221, F.S.; authorizing the Legislature to direct
114the use of any state funds in an appropriations act to
115offset General Revenue Fund deficits; revising
116requirements for adjusting budgets in order to avoid or
117eliminate a deficit; revising procedures for certifying a
118budget deficit; revising requirements for the Governor and
119the Chief Justice in developing plans of action; requiring
120that the Legislative Budget Commission implement certain
121reductions in appropriations; revising requirements for
122resolving deficits; requiring that certain actions to
123resolve a deficit be approved by the Legislative Budget
124Commission; amending s. 216.231, F.S., relating to the
125release of classified appropriations, to conform; amending
126s. 216.235, F.S.; limiting the funding of certain
127proposals under the Innovation Investment Program;
128correcting references; amending s. 216.241, F.S.;
129requiring that the initiation or commencement of new
130programs be approved by the Legislative Budget Commission;
131deleting certain notice requirements; amending s. 216.251,
132F.S.; correcting a reference; revising requirements for
133establishing certain salaries; amending s. 216.262, F.S.;
134requiring the Legislative Budget Commission to approve
135certain increases in the number of positions for
136authorized programs; deleting provisions authorizing an
137agency to retain salary dollars under certain
138circumstances; amending s. 216.292, F.S.; revising
139provisions relating to the transferability of
140appropriations; revising limitations on the
141transferability of appropriations; prohibiting spending
142fixed capital outlay for other purposes; providing notice
143and review requirements prior to implementation of certain
144transfers; prohibiting transferring appropriations except
145as otherwise provided by law; providing certain
146exceptions; amending s. 216.301, F.S.; revising
147requirements for continuing unexpended balances of
148appropriations for fixed capital outlay; requiring
149approval by the Executive Office of the Governor;
150authorizing the President of the Senate and the Speaker of
151the House of Representatives to provide for the retention
152of certain balances from legislative budget entities;
153revising the certification forward process for operating
154appropriations; amending s. 218.60, F.S.; deleting an
155obsolete provision; amending ss. 252.37 and 265.55, F.S.;
156deleting certain references to the Working Capital Fund,
157to conform; amending s. 288.7091, F.S.; correcting a cross
158reference; amending s. 320.20, F.S.; providing duties of
159the Chief Financial Officer with respect to the deposit of
160certain trust fund moneys; amending s. 337.023, F.S.;
161correcting a cross reference; amending s. 339.135, F.S.;
162revising requirements for the tentative work programs
163submitted by the Department of Transportation; specifying
164procedures by which unexpended balances in certain
165appropriations may be certified forward as fixed capital
166outlay; requiring that the Legislative Budget Commission
167approve certain extensions of spending authority; revising
168requirements for amending certain work programs; requiring
169approval of the Legislative Budget Commission for certain
170work program amendments; amending 373.6065, F.S.;
171correcting a cross reference; amending s. 381.0303, F.S.;
172authorizing the Department of Health to obtain
173reimbursement for special needs shelters from
174unappropriated moneys in the General Revenue Fund;
175amending s. 392.69, F.S.; correcting a cross reference;
176amending s. 409.906, F.S.; deleting provisions authorizing
177the Department of Children and Family Services to transfer
178certain funds in excess of the amount specified in the
179General Appropriations Act; amending s. 409.912, F.S.,
180relating to the transfer of certain funds from the
181Department of Elderly Affairs to the Agency for Health
182Care Administration, to conform; amending s. 409.16745,
183F.S.; eliminating 72-hour notification for transfer of
184budget authority for the community partnership matching
185grant program; amending ss. 468.392 and 475.484, F.S.;
186deleting provisions exempting funds in the Auctioneer
187Recovery Fund and the Real Estate Recovery Fund from
188limitations imposed by an appropriation act; amending s.
189631.141, F.S.; clarifying provisions requiring the
190Legislative Budget Commission to approve certain
191appropriations; amending s. 921.001, F.S.; requiring the
192Legislature to make certain determinations with respect to
193legislation affecting the prison population; amending s.
194943.61, F.S.; deleting a provision requiring approval by
195the Governor and the Legislative Budget Commission for
196appropriations to the Capitol Police; amending s. 1003.03,
197F.S.; correcting a cross reference; amending s. 1009.536,
198F.S.; deleting duties of the Workforce Estimating
199Conference with respect to certain career education
200programs; amending s. 1013.512, F.S.; requiring a
201recommendation by the Governor before placing certain
202school district funds in reserve; providing for references
203to the Working Capital Fund in certain legislation to be
204replaced with a reference to the General Revenue Fund;
205repealing s. 216.1825, F.S., relating to zero-based
206budgeting; repealing s. 216.183, F.S., relating to
207entities using performance-based program budgets;
208repealing s. 288.1234, F.S., relating to the guaranty of
209state obligations and the Olympic Games Guaranty Account;
210providing effective dates.
211
212Be It Enacted by the Legislature of the State of Florida:
213
214     Section 1.  Subsection (8) of section 14.2015, Florida
215Statutes, is amended to read:
216     14.2015  Office of Tourism, Trade, and Economic
217Development; creation; powers and duties.--
218     (8)  The Office of Tourism, Trade, and Economic Development
219shall ensure that the contract between the Florida Commission on
220Tourism and the commission's direct-support organization
221contains a provision to provide the data on the visitor counts
222and visitor profiles used in revenue estimating, employing the
223same methodology used in fiscal year 1995-1996 by the Department
224of Commerce. The Office of Tourism, Trade, and Economic
225Development and the Florida Commission on Tourism must advise
226and consult reach agreement with the Consensus Estimating
227Conference principals before making any changes in methodology
228used or information gathered.
229     Section 2.  Paragraph (b) of subsection (5) of section
23020.19, Florida Statutes, is amended to read:
231     20.19  Department of Children and Family Services.--There
232is created a Department of Children and Family Services.
233     (5)  SERVICE DISTRICTS.--
234     (b)1.  The secretary shall appoint a district administrator
235for each of the service districts. The district administrator
236shall serve at the pleasure of the secretary and shall perform
237such duties as assigned by the secretary. Subject to the
238approval of the secretary, such duties shall include
239transferring up to 10 percent of the total district budget, the
240provisions of ss. 216.292 and 216.351 notwithstanding.
241     2.  For the 2003-2004 fiscal year only, the transfer
242authority provided in this subsection must be specifically
243appropriated in the 2003-2004 General Appropriations Act and
244shall be pursuant to the requirements of s. 216.292. This
245subparagraph expires July 1, 2004.
246     3.  For the 2004-2005 fiscal year only, the transfer
247authority provided in this subsection is available to the
248department without further restriction other than as contained
249in this subsection. This subparagraph expires July 1, 2005.
250     Section 3.  Paragraph (d) of subsection (4) of section
25120.316, Florida Statutes, is amended to read:
252     20.316  Department of Juvenile Justice.--There is created a
253Department of Juvenile Justice.
254     (4)  INFORMATION SYSTEMS.--
255     (d)  The management information system shall, at a minimum:
256     1.  Facilitate case management of juveniles referred to or
257placed in the department's custody.
258     2.  Provide timely access to current data and computing
259capacity to support outcome evaluation, legislative oversight,
260the Juvenile Justice Estimating Conference, and other research.
261     3.  Provide automated support to the quality assurance and
262program review functions.
263     4.  Provide automated support to the contract management
264process.
265     5.  Provide automated support to the facility operations
266management process.
267     6.  Provide automated administrative support to increase
268efficiency, provide the capability of tracking expenditures of
269funds by the department or contracted service providers that are
270eligible for federal reimbursement, and reduce forms and
271paperwork.
272     7.  Facilitate connectivity, access, and utilization of
273information among various state agencies, and other state,
274federal, local, and private agencies, organizations, and
275institutions.
276     8.  Provide electronic public access to juvenile justice
277information, which is not otherwise made confidential by law or
278exempt from the provisions of s. 119.07(1).
279     9.  Provide a system for the training of information system
280users and user groups.
281     Section 4.  Effective July 1, 2006, subsection (1) of
282section 45.062, Florida Statutes, is amended to read:
283     45.062  Settlements, conditions, or orders when an agency
284of the executive branch is a party.--
285     (1)  In any civil action in which a state executive branch
286agency or officer is a party in state or federal court, the
287officer, agent, official, or attorney who represents or is
288acting on behalf of such agency or officer may not settle such
289action, consent to any condition, or agree to any order in
290connection therewith, if the settlement, condition, or order
291requires the expenditure of or the obligation to expend any
292state funds or other state resources exceeding $1 million, the
293refund or future loss of state revenues exceeding $10 million,
294or the establishment of any new program, unless:
295     (a)  The expenditure is provided for by an existing
296appropriation or program established by law.; and
297     (b)  At the time settlement negotiations have begun in
298earnest, written notification is given to the President of the
299Senate, the Speaker of the House of Representatives, the Senate
300and House of Representatives minority leaders, the chairs of the
301appropriations committees of the Legislature, and the Attorney
302General.
303     (c)(b)  Prior written notification is given at least within
3045 business days, or as soon thereafter as practicable, before of
305the date the settlement or presettlement agreement or order is
306to be made final to the President of the Senate, the Speaker of
307the House of Representatives, the Senate and House of
308Representatives minority leaders, the chairs of the
309appropriations committees of the Legislature, and the Attorney
310General. Such notification shall specify how the agency involved
311will address the costs in future years within the limits of
312current appropriations.
313     1.  The Division of Risk Management need not give the
314notification required by this paragraph when settling any claim
315covered by the state self-insurance program for an amount less
316than $250,000.
317     2.  The notification specified in this paragraph is not
318required if:
319     a.  The action is one brought by the Attorney General;
320     b.  The only settlement obligation of the state resulting
321from the claim is to pay court costs in an amount less than
322$10,000; or
323     c.  Notification could delay, hinder, or preclude the
324state's participation in multistate litigation.
325     Section 5.  Subsection (1) of section 110.1239, Florida
326Statutes, is amended to read:
327     110.1239  State group health insurance program funding.--It
328is the intent of the Legislature that the state group health
329insurance program be managed, administered, operated, and funded
330in such a manner as to maximize the protection of state employee
331health insurance benefits. Inherent in this intent is the
332recognition that the health insurance liabilities attributable
333to the benefits offered state employees should be fairly,
334orderly, and equitably funded. Accordingly:
335     (1)  The division shall determine the level of premiums
336necessary to fully fund the state group health insurance program
337for the next fiscal year. Such determination shall be made after
338each Self-Insurance Estimating Conference as provided in s.
339216.136(9)(11), but not later than December 1 and April 1 of
340each fiscal year.
341     Section 6.  Paragraph (b) of subsection (1) of section
342110.1245, Florida Statutes, is amended to read:
343     110.1245  Savings sharing program; bonus payments; other
344awards.--
345     (1)
346     (b)  Each agency head shall recommend employees
347individually or by group to be awarded an amount of money, which
348amount shall be directly related to the cost savings realized.
349Each proposed award and amount of money must be approved by the
350Legislative Budget Budgeting Commission.
351     Section 7.  Section 215.32, Florida Statutes, is amended to
352read:
353     215.32  State funds; segregation.--
354     (1)  All moneys received by the state shall be deposited in
355the State Treasury unless specifically provided otherwise by law
356and shall be deposited in and accounted for by the Chief
357Financial Officer within the following funds, which funds are
358hereby created and established:
359     (a)  General Revenue Fund.
360     (b)  Trust funds.
361     (c)  Working Capital Fund.
362     (c)(d)  Budget Stabilization Fund.
363     (2)  The source and use of each of these funds shall be as
364follows:
365     (a)  The General Revenue Fund shall consist of all moneys
366received by the state from every source whatsoever, except as
367provided in paragraphs (b) and (c). Such moneys shall be
368expended pursuant to General Revenue Fund appropriations acts,
369or transferred as provided in paragraph (c), or maintained as
370unallocated general revenue. Unallocated general revenue shall
371be considered the working capital balance of the state and shall
372consist of moneys in the General Revenue Fund that are in excess
373of the amount needed to meet General Revenue Fund appropriations
374for the current fiscal year. Annually, at least 5 percent of the
375estimated increase in General Revenue Fund receipts for the
376upcoming fiscal year over the current year General Revenue Fund
377effective appropriations shall be appropriated for state-level
378capital outlay, including infrastructure improvement and general
379renovation, maintenance, and repairs.
380     (b)1.  The trust funds shall consist of moneys received by
381the state which under law or under trust agreement are
382segregated for a purpose authorized by law. The state agency or
383branch of state government receiving or collecting such moneys
384shall be responsible for their proper expenditure as provided by
385law. Upon the request of the state agency or branch of state
386government responsible for the administration of the trust fund,
387the Chief Financial Officer may establish accounts within the
388trust fund at a level considered necessary for proper
389accountability. Once an account is established within a trust
390fund, the Chief Financial Officer may authorize payment from
391that account only upon determining that there is sufficient cash
392and releases at the level of the account.
393     2.  In addition to other trust funds created by law, to the
394extent possible, each agency shall use the following trust funds
395as described in this subparagraph for day-to-day operations:
396     a.  Operations or operating trust fund, for use as a
397depository for funds to be used for program operations funded by
398program revenues, with the exception of administrative
399activities when the operations or operating trust fund is a
400proprietary fund.
401     b.  Operations and maintenance trust fund, for use as a
402depository for client services funded by third-party payors.
403     c.  Administrative trust fund, for use as a depository for
404funds to be used for management activities that are departmental
405in nature and funded by indirect cost earnings and assessments
406against trust funds. Proprietary funds are excluded from the
407requirement of using an administrative trust fund.
408     d.  Grants and donations trust fund, for use as a
409depository for funds to be used for allowable grant or donor
410agreement activities funded by restricted contractual revenue
411from private and public nonfederal sources.
412     e.  Agency working capital trust fund, for use as a
413depository for funds to be used pursuant to s. 216.272.
414     f.  Clearing funds trust fund, for use as a depository for
415funds to account for collections pending distribution to lawful
416recipients.
417     g.  Federal grant trust fund, for use as a depository for
418funds to be used for allowable grant activities funded by
419restricted program revenues from federal sources.
420
421To the extent possible, each agency must adjust its internal
422accounting to use existing trust funds consistent with the
423requirements of this subparagraph. If an agency does not have
424trust funds listed in this subparagraph and cannot make such
425adjustment, the agency must recommend the creation of the
426necessary trust funds to the Legislature no later than the next
427scheduled review of the agency's trust funds pursuant to s.
428215.3206.
429     3.  All such moneys are hereby appropriated to be expended
430in accordance with the law or trust agreement under which they
431were received, subject always to the provisions of chapter 216
432relating to the appropriation of funds and to the applicable
433laws relating to the deposit or expenditure of moneys in the
434State Treasury.
435     4.a.  Notwithstanding any provision of law restricting the
436use of trust funds to specific purposes, unappropriated cash
437balances from selected trust funds may be authorized by the
438Legislature for transfer to the Budget Stabilization Fund and
439General Revenue Working Capital Fund in the General
440Appropriations Act.
441     b.  This subparagraph does not apply to trust funds
442required by federal programs or mandates; trust funds
443established for bond covenants, indentures, or resolutions whose
444revenues are legally pledged by the state or public body to meet
445debt service or other financial requirements of any debt
446obligations of the state or any public body; the State
447Transportation Trust Fund; the trust fund containing the net
448annual proceeds from the Florida Education Lotteries; the
449Florida Retirement System Trust Fund; trust funds under the
450management of the State Board of Education Board of Regents,
451where such trust funds are for auxiliary enterprises, self-
452insurance, and contracts, grants, and donations, as those terms
453are defined by general law; trust funds that serve as clearing
454funds or accounts for the Chief Financial Officer or state
455agencies; trust funds that account for assets held by the state
456in a trustee capacity as an agent or fiduciary for individuals,
457private organizations, or other governmental units; and other
458trust funds authorized by the State Constitution.
459     (c)1.  The Budget Stabilization Fund shall consist of
460amounts equal to at least 5 percent of net revenue collections
461for the General Revenue Fund during the last completed fiscal
462year. The Budget Stabilization Fund's principal balance shall
463not exceed an amount equal to 10 percent of the last completed
464fiscal year's net revenue collections for the General Revenue
465Fund. As used in this paragraph, the term "last completed fiscal
466year" means the most recently completed fiscal year prior to the
467regular legislative session at which the Legislature considers
468the General Appropriations Act for the year in which the
469transfer to the Budget Stabilization Fund must be made under
470this paragraph.
471     2.  By September 15 of each year, the Governor shall
472authorize the Chief Financial Officer to transfer, and the Chief
473Financial Officer shall transfer pursuant to appropriations made
474by law, to the Budget Stabilization Fund the amount of money
475needed for the balance of that fund to equal the amount
476specified in subparagraph 1., less any amounts expended and not
477restored. The moneys needed for this transfer may be
478appropriated by the Legislature from any funds.
479     3.  Unless otherwise provided in this subparagraph, an
480expenditure from the Budget Stabilization Fund must be restored
481pursuant to a restoration schedule that provides for making five
482equal annual transfers from the General Revenue Fund, beginning
483in the third fiscal year following that in which the expenditure
484was made. For any Budget Stabilization Fund expenditure, the
485Legislature may establish by law a different restoration
486schedule and such change may be made at any time during the
487restoration period. Moneys are hereby appropriated for transfers
488pursuant to this subparagraph.
489     4.  The Budget Stabilization Fund and the Working Capital
490Fund may be used as a revolving fund funds for transfers as
491provided in s. 215.18 17.61; however, any interest earned must
492be deposited in the General Revenue Fund.
493     5.  The Chief Financial Officer and the Department of
494Management Services shall transfer funds to water management
495districts to pay eligible water management district employees
496for all benefits due under s. 373.6065, as long as funds remain
497available for the program described under s. 110.152 100.152.
498     (d)  The Working Capital Fund shall consist of moneys in
499the General Revenue Fund which are in excess of the amount
500needed to meet General Revenue Fund appropriations for the
501current fiscal year. Each year, no later than the publishing
502date of the annual financial statements for the state by the
503Chief Financial Officer under s. 216.102, funds shall be
504transferred between the Working Capital Fund and the General
505Revenue Fund to establish the balance of the Working Capital
506Fund for that fiscal year at the amount determined pursuant to
507this paragraph.
508     Section 8.  Paragraphs (a) and (f) of subsection (5) of
509section 215.5601, Florida Statutes, are amended to read:
510     215.5601  Lawton Chiles Endowment Fund.--
511     (5)  AVAILABILITY OF FUNDS; USES.--
512     (a)  Funds from the endowment which are available for
513legislative appropriation shall be transferred by the board to
514the Department of Financial Services Tobacco Settlement Clearing
515Trust Fund, created in s. 17.41, and disbursed in accordance
516with the legislative appropriation.
517     1.  Appropriations by the Legislature to the Department of
518Health from endowment earnings from the principal set aside for
519biomedical research shall be from a category called the James
520and Esther King Biomedical Research Program and shall be
521deposited into the Biomedical Research Trust Fund in the
522Department of Health established in s. 20.435.
523     2.  Appropriations by the Legislature to the Department of
524Children and Family Services, the Department of Health, or the
525Department of Elderly Affairs from endowment earnings for health
526and human services programs shall be from a category called the
527Lawton Chiles Endowment Fund Programs and shall be deposited
528into each department's respective Tobacco Settlement Trust Fund
529as appropriated.
530     (f)  When advised by the Revenue Estimating Conference that
531a deficit will occur with respect to the appropriations from the
532tobacco settlement trust funds of the state agencies in any
533fiscal year, the Governor shall develop a plan of action to
534eliminate the deficit. Before implementing the plan of action,
535the Governor must comply with s. 216.177(2). In developing the
536plan of action, the Governor shall, to the extent possible,
537preserve legislative policy and intent, and, absent any specific
538directions to the contrary in the General Appropriations Act,
539any reductions in appropriations from the tobacco settlement
540trust funds of the state agencies for a fiscal year shall be
541prorated among the specific appropriations made from all tobacco
542settlement trust funds of the state agencies for that year.
543     Section 9.  Subsection (3) of section 215.93, Florida
544Statutes, is amended to read:
545     215.93  Florida Financial Management Information System.--
546     (3)  The Florida Financial Management Information System
547shall include financial management data and utilize the chart of
548accounts approved by the Chief Financial Officer. Common
549financial management data shall include, but not be limited to,
550data codes, titles, and definitions used by one or more of the
551functional owner subsystems. The Florida Financial Management
552Information System shall utilize common financial management
553data codes. The council shall recommend and the board shall
554adopt policies regarding the approval and publication of the
555financial management data. The Chief Financial Officer shall
556adopt policies regarding the approval and publication of the
557chart of accounts. The Chief Financial Officer's chart of
558accounts shall be consistent with the common financial
559management data codes established by the coordinating council.
560Further, all systems not a part of the Florida Financial
561Management Information System which provide information to the
562system shall use the common data codes from the Florida
563Financial Management Information System and the Chief Financial
564Officer's chart of accounts. Data codes that cannot be supplied
565by the Florida Financial Management Information System and the
566Chief Financial Officer's chart of accounts and that are
567required for use by the information subsystems shall be approved
568by the board upon recommendation of the coordinating council.
569However, board approval shall not be required for those data
570codes specified by the Auditor General under the provisions of
571s. 215.94(6)(c).
572     Section 10.  Subsection (6) of section 215.94, Florida
573Statutes, is amended to read:
574     215.94  Designation, duties, and responsibilities of
575functional owners.--
576     (6)(a)  Consistent with the provisions of s. 215.86, the
577respective functional owner of each information subsystem shall
578be responsible for ensuring The Auditor General shall be advised
579by the functional owner of each information subsystem as to the
580date that the development or significant modification of its
581functional system specifications is to begin.
582     (b)  Upon such notification, the Auditor General shall
583participate with each functional owner to the extent necessary
584to provide assurance that:
585     1.  The accounting information produced by the information
586subsystem adheres to generally accepted accounting principles.
587     2.  The information subsystem contains the necessary
588controls to maintain its integrity, within acceptable limits and
589at an acceptable cost.
590     3.  The information subsystem is auditable.
591     (b)(c)  The Auditor General shall be advised by the
592functional owner of each information subsystem as to the date
593that the development or significant modification of its
594functional system specifications is to begin. The Auditor
595General shall provide technical advice, as allowed by
596professional auditing standards, on specific issues relating to
597the design, implementation, and operation of each information
598subsystem specify those additional features, characteristics,
599controls, and internal control measures deemed necessary to
600carry out the provisions of this subsection. Further, it shall
601be the responsibility of each functional owner to ensure
602installation and incorporation of such specified features,
603characteristics, controls, and internal control measures within
604each information subsystem.
605     Section 11.  Section 215.97, Florida Statutes, is amended
606to read:
607     215.97  Florida Single Audit Act.--
608     (1)  The purposes of the section are to:
609     (a)  Establish uniform state audit requirements for state
610financial assistance provided by state agencies to nonstate
611entities to carry out state projects.
612     (b)  Promote sound financial management, including
613effective internal controls, with respect to state financial
614assistance administered by nonstate entities.
615     (c)  Promote audit economy and efficiency by relying to the
616extent possible on already required audits of federal financial
617assistance provided to nonstate entities.
618     (d)  Provide for identification of state financial
619assistance transactions in the appropriations act, state
620accounting records, and recipient organization records.
621     (e)  Promote improved coordination and cooperation within
622and between affected state agencies providing state financial
623assistance and nonstate entities receiving state assistance.
624     (f)  Ensure, to the maximum extent possible, that state
625agencies monitor, use, and followup on audits of state financial
626assistance provided to nonstate entities.
627     (2)  Definitions; as used in this section, the term:
628     (a)  "Audit threshold" means the threshold amount used to
629determine to use in determining when a state single audit or
630project-specific audit of a nonstate entity shall be conducted
631in accordance with this section. Each nonstate entity that
632expends a total amount of state financial assistance equal to or
633in excess of $500,000 $300,000 in any fiscal year of such
634nonstate entity shall be required to have a state single audit,
635or a project-specific audit, for such fiscal year in accordance
636with the requirements of this section. Every 2 years the Auditor
637General, after consulting with the Executive Office of the
638Governor, the Department of Financial Services Chief Financial
639Officer, and all state awarding agencies that provide state
640financial assistance to nonstate entities, shall review the
641threshold amount for requiring audits under this section and may
642adjust such threshold dollar amount consistent with the purposes
643purpose of this section.
644     (b)  "Auditing standards" means the auditing standards as
645stated in the rules of the Auditor General as applicable to for-
646profit organizations, nonprofit organizations, or local
647governmental entities.
648     (c)  "Catalog of State Financial Assistance" means a
649comprehensive listing of state projects. The Catalog of State
650Financial Assistance shall be issued by the Department of
651Financial Services Executive Office of the Governor after
652conferring with the Executive Office of the Governor Chief
653Financial Officer and all state awarding agencies that provide
654state financial assistance to nonstate entities. The Catalog of
655State Financial Assistance shall include for each listed state
656project: the responsible state awarding agency; standard state
657project number identifier; official title; legal authorization;
658and description of the state project, including objectives,
659restrictions, application and awarding procedures, and other
660relevant information determined necessary.
661     (d)  "Coordinating agency" means the state awarding agency
662that provides the predominant amount of state financial
663assistance expended by a recipient, as determined by the
664recipient's Schedule of Expenditures of State Financial
665Assistance. To provide continuity, the determination of the
666predominant amount of state financial assistance shall be based
667upon state financial assistance expended in the recipient's
668fiscal years ending in 2006, 2009, and 2012, and every third
669year thereafter.
670     (e)(d)  "Financial reporting package" means the nonstate
671entities' financial statements, Schedule of Expenditures of
672State Financial Assistance, auditor's reports, management
673letter, auditee's written responses or corrective action plan,
674correspondence on followup of prior years' corrective actions
675taken, and such other information determined by the Auditor
676General to be necessary and consistent with the purposes of this
677section.
678     (f)(e)  "Federal financial assistance" means financial
679assistance from federal sources passed through the state and
680provided to nonstate organizations entities to carry out a
681federal program. "Federal financial assistance" includes all
682types of federal assistance as defined in applicable United
683States Office of Management and Budget circulars.
684     (g)(f)  "For-profit organization" means any organization or
685sole proprietor that but is not a local governmental entity or a
686nonprofit organization.
687     (h)(g)  "Independent auditor" means an independent external
688state or local government auditor or a certified public
689accountant licensed under chapter 473 who meets the independence
690standards.
691     (i)(h)  "Internal control over state projects" means a
692process, effected by a nonstate an entity's management and other
693personnel, designed to provide reasonable assurance regarding
694the achievement of objectives in the following categories:
695     1.  Effectiveness and efficiency of operations.
696     2.  Reliability of financial operations.
697     3.  Compliance with applicable laws and regulations.
698     (j)(i)  "Local governmental entity" means a county as a
699whole agency, municipality, or special district or any other
700entity excluding (other than a district school board, charter
701school, or community college), or public university, however
702styled, which independently exercises any type of governmental
703function within the state.
704     (k)(j)  "Major state project" means any state project
705meeting the criteria as stated in the rules of the Department of
706Financial Services Executive Office of the Governor. Such
707criteria shall be established after consultation with all the
708Chief Financial Officer and appropriate state awarding agencies
709that provide state financial assistance and shall consider the
710amount of state project expenditures and or expenses or inherent
711risks. Each major state project shall be audited in accordance
712with the requirements of this section.
713     (l)(k)  "Nonprofit organization" means any corporation,
714trust, association, cooperative, or other organization that:
715     1.  Is operated primarily for scientific, educational
716service, charitable, or similar purpose in the public interest.;
717     2.  Is not organized primarily for profit.;
718     3.  Uses net proceeds to maintain, improve, or expand the
719operations of the organization.; and
720     4.  Has no part of its income or profit distributable to
721its members, directors, or officers.
722     (m)(l)  "Nonstate entity" means a local governmental
723entity, nonprofit organization, or for-profit organization that
724receives state financial assistance resources.
725     (n)(m)  "Recipient" means a nonstate entity that receives
726state financial assistance directly from a state awarding
727agency.
728     (o)(n)  "Schedule of Expenditures of State Financial
729Assistance" means a document prepared in accordance with the
730rules of the Department of Financial Services Chief Financial
731Officer and included in each financial reporting package
732required by this section.
733     (p)(o)  "State awarding agency" means a the state agency,
734as defined in s. 216.011, that is primarily responsible for the
735operations and outcomes of a state project, regardless of the
736state agency that actually provides provided state financial
737assistance to a the nonstate entity.
738     (q)(p)  "State financial assistance" means financial
739assistance from state resources, not including federal financial
740assistance and state matching on federal programs, provided to a
741nonstate entity entities to carry out a state project. "State
742financial assistance" includes the all types of state resources
743assistance as stated in the rules of the Department of Financial
744Services Executive Office of the Governor established in
745consultation with all the Chief Financial Officer and
746appropriate state awarding agencies that provide state financial
747assistance. It includes State financial assistance may be
748provided directly by state awarding agencies or indirectly by
749nonstate entities recipients of state awards or subrecipients.
750"State financial assistance" It does not include procurement
751contracts used to buy goods or services from vendors and. Audits
752of such procurement contracts with vendors are outside of the
753scope of this section. Also, audits of contracts to operate
754state-owned state-government-owned and contractor-operated
755facilities are excluded from the audit requirements of this
756section.
757     (r)(q)  "State matching" means state resources provided to
758a nonstate entity entities to be used to meet federal financial
759participation matching requirements of federal programs.
760     (s)  "State program" means a set of special-purpose
761activities undertaken to realize identifiable goals and
762objectives in order to achieve a state agency's mission and
763legislative intent requiring accountability for state resources.
764     (t)(r)  "State project" means a state program that provides
765all state financial assistance to a nonstate organization and
766that must be entity assigned a single state project number
767identifier in the Catalog of State Financial Assistance.
768     (u)(s)  "State Projects Compliance Supplement" means a
769document issued by the Department of Financial Services
770Executive Office of the Governor, in consultation with the Chief
771Financial Officer and all state awarding agencies that provide
772state financial assistance. The State Projects Compliance
773Supplement shall identify state projects, the significant
774compliance requirements, eligibility requirements, matching
775requirements, suggested audit procedures, and other relevant
776information determined necessary.
777     (v)(t)  "State project-specific audit" means an audit of
778one state project performed in accordance with the requirements
779of subsection (10)(9).
780     (w)(u)  "State single audit" means an audit of a nonstate
781entity's financial statements and state financial assistance.
782Such audits shall be conducted in accordance with the auditing
783standards as stated in the rules of the Auditor General.
784     (x)(v)  "Subrecipient" means a nonstate entity that
785receives state financial assistance through another nonstate
786entity.
787     (y)(w)  "Vendor" means a dealer, distributor, merchant, or
788other seller providing goods or services that are required for
789the conduct of a state project. These goods or services may be
790for an organization's own use or for the use of beneficiaries of
791the state project.
792     (3)  The Executive Office of the Governor is responsible
793for notifying the Department of Financial Services of any
794actions during the budgetary process that impact the Catalog of
795State Financial Assistance. shall:
796     (a)  Upon conferring with the Chief Financial Officer and
797all state awarding agencies, adopt rules necessary to provide
798appropriate guidance to state awarding agencies, recipients and
799subrecipients, and independent auditors of state financial
800assistance relating to the requirements of this section,
801including:
802     1.  The types or classes of financial assistance considered
803to be state financial assistance which would be subject to the
804requirements of this section. This would include guidance to
805assist in identifying when the state agency or recipient has
806contracted with a vendor rather than with a recipient or
807subrecipient.
808     2.  The criteria for identifying a major state project.
809     3.  The criteria for selecting state projects for audits
810based on inherent risk.
811     (b)  Be responsible for coordinating the initial
812preparation and subsequent revisions of the Catalog of State
813Financial Assistance after consultation with the Chief Financial
814Officer and all state awarding agencies.
815     (c)  Be responsible for coordinating the initial
816preparation and subsequent revisions of the State Projects
817Compliance Supplement, after consultation with the Chief
818Financial Officer and all state awarding agencies.
819     (4)  The Department of Financial Services Chief Financial
820Officer shall:
821     (a)  Upon conferring with the Executive Office of the
822Governor and all state awarding agencies, adopt rules necessary
823to provide appropriate guidance to state awarding agencies,
824nonstate entities, and independent auditors of state financial
825assistance relating to the requirements of this section,
826including:
827     1.  The types or classes of state resources considered to
828be state financial assistance that would be subject to the
829requirements of this section. This would include guidance to
830assist in identifying when the state awarding agency or a
831nonstate entity has contracted with a vendor rather than with a
832recipient or subrecipient.
833     2.  The criteria for identifying a major state project.
834     3.  The criteria for selecting state projects for audits
835based on inherent risk.
836     (b)  Be responsible for coordinating revisions to the
837Catalog of State Financial Assistance after consultation with
838the Executive Office of the Governor and all state awarding
839agencies.
840     (c)  Be responsible for coordinating with the Executive
841Office of the Governor actions affecting the budgetary process
842under paragraph (b).
843     (d)  Be responsible for coordinating revisions to the State
844Projects Compliance Supplement, after consultation with the
845Executive Office of the Governor and all state awarding
846agencies.
847     (e)(a)  Make enhancements to the state's accounting system
848to provide for the:
849     1.  Recording of state financial assistance and federal
850financial assistance appropriations and expenditures within the
851state awarding agencies' operating funds.
852     2.  Recording of state project number identifiers, as
853provided in the Catalog of State Financial Assistance, for state
854financial assistance.
855     3.  Establishment and recording of an identification code
856for each financial transaction, including awarding state
857agencies' disbursements of state financial assistance and
858federal financial assistance, as to the corresponding type or
859organization that is party to the transaction (e.g., other
860governmental agencies, nonprofit organizations, and for-profit
861organizations), and disbursements of federal financial
862assistance, as to whether the party to the transaction is or is
863not a nonstate entity recipient or subrecipient.
864     (f)(b)  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 recipients and subrecipients, and independent
868auditors of state financial assistance relating to the format
869for the Schedule of Expenditures of State Financial Assistance.
870     (g)(c)  Perform any inspections, reviews, investigations,
871or audits of state financial assistance considered necessary in
872carrying out the Department of Financial Services' Chief
873Financial Officer's legal responsibilities for state financial
874assistance or to comply with the requirements of this section.
875     (5)  Each state awarding agency shall:
876     (a)  Provide to each a recipient information needed by the
877recipient to comply with the requirements of this section,
878including:
879     1.  The audit and accountability requirements for state
880projects as stated in this section and applicable rules of the
881Executive Office of the Governor, rules of the Department of
882Financial Services Chief Financial Officer, and rules of the
883Auditor General.
884     2.  Information from the Catalog of State Financial
885Assistance, including the standard state project number
886identifier; official title; legal authorization; and description
887of the state project including objectives, restrictions, and
888other relevant information determined necessary.
889     3.  Information from the State Projects Compliance
890Supplement, including the significant compliance requirements,
891eligibility requirements, matching requirements, suggested audit
892procedures, and other relevant information determined necessary.
893     (b)  Require the recipient, as a condition of receiving
894state financial assistance, to allow the state awarding agency,
895the Department of Financial Services Chief Financial Officer,
896and the Auditor General access to the recipient's records and
897the recipient's independent auditor's working papers as
898necessary for complying with the requirements of this section.
899     (c)  Notify the recipient that this section does not limit
900the authority of the state awarding agency to conduct or arrange
901for the conduct of additional audits or evaluations of state
902financial assistance or limit the authority of any state
903awarding agency inspector general, the Auditor General, or any
904other state official.
905     (d)  Be provided one copy of each financial reporting
906package prepared in accordance with the requirement of this
907section.
908     (e)  Review the recipient's recipient financial reporting
909package, including the management letters and corrective action
910plans, to the extent necessary to determine whether timely and
911appropriate corrective action has been taken with respect to
912audit findings and recommendations pertaining to state financial
913assistance that are specific to provided by the state awarding
914agency.
915     (f)  Designate within the state awarding agency an
916organizational unit that will be responsible for reviewing
917financial reporting packages pursuant to paragraph (e).
918
919If the state awarding agency is not the coordinating agency as
920defined in paragraph (2)(d), the state awarding agency's
921designated organizational unit shall communicate to the
922coordinating agency the state awarding agency's approval of the
923recipient's corrective action plan with respect to findings and
924recommendations that are not specific to the state awarding
925agency.
926     (6)  Each coordinating agency shall:
927     (a)  Review the recipient's financial reporting package,
928including the management letter and corrective action plan, to
929identify audit findings and recommendations that affect state
930financial assistance that are not specific to a particular state
931awarding agency.
932     (b)  For any findings and recommendations identified
933pursuant to paragraph (a):
934     1.  Determine whether timely and appropriate corrective
935action has been taken.
936     2.  Promptly inform the state awarding agency, as provided
937in paragraph (5)(f), of actions taken by the recipient to comply
938with the approved corrective action plan.
939     (c)  Maintain records of followup actions taken for the use
940of any succeeding coordinating agency.
941     (7)(6)  As a condition of receiving state financial
942assistance, each nonstate entity recipient that provides state
943financial assistance to a subrecipient shall:
944     (a)  Provide to each a subrecipient information needed by
945the subrecipient to comply with the requirements of this
946section, including:
947     1.  Identification of the state awarding agency.
948     2.  The audit and accountability requirements for state
949projects as stated in this section and applicable rules of the
950Executive Office of the Governor, rules of the Department of
951Financial Services Chief Financial Officer, and rules of the
952Auditor General.
953     3.  Information from the Catalog of State Financial
954Assistance, including the standard state project number
955identifier; official title; legal authorization; and description
956of the state project, including objectives, restrictions, and
957other relevant information.
958     4.  Information from the State Projects Compliance
959Supplement including the significant compliance requirements,
960eligibility requirements, matching requirements, and suggested
961audit procedures, and other relevant information determined
962necessary.
963     (b)  Review the financial reporting package of the
964subrecipient audit reports, including the management letter and
965corrective action plan letters, to the extent necessary to
966determine whether timely and appropriate corrective action has
967been taken with respect to audit findings and recommendations
968pertaining to state financial assistance provided by a the state
969awarding agency or nonstate entity.
970     (c)  Perform any such other procedures as specified in
971terms and conditions of the written agreement with the state
972awarding agency or nonstate entity, including any required
973monitoring of the subrecipient's use of state financial
974assistance through onsite visits, limited scope audits, or other
975specified procedures.
976     (d)  Require subrecipients, as a condition of receiving
977state financial assistance, to permit the independent auditor of
978the nonstate entity recipient, the state awarding agency, the
979Department of Financial Services Chief Financial Officer, and
980the Auditor General access to the subrecipient's records and the
981subrecipient's independent auditor's working papers as necessary
982to comply with the requirements of this section.
983     (8)(7)  Each recipient or subrecipient of state financial
984assistance shall comply with the following:
985     (a)  Each nonstate entity that receives state financial
986assistance and meets the audit threshold requirements, in any
987fiscal year of the nonstate entity, as stated in the rules of
988the Auditor General, shall have a state single audit conducted
989for such fiscal year in accordance with the requirements of this
990act and with additional requirements established in rules of the
991Executive Office of the Governor, rules of the Department of
992Financial Services Chief Financial Officer, and rules of the
993Auditor General. If only one state project is involved in a
994nonstate entity's fiscal year, the nonstate entity may elect to
995have only a state project-specific audit of the state project
996for that fiscal year.
997     (b)  Each nonstate entity that receives state financial
998assistance and does not meet the audit threshold requirements,
999in any fiscal year of the nonstate entity, as stated in this law
1000or the rules of the Auditor General is exempt for such fiscal
1001year from the state single audit requirements of this section.
1002However, such nonstate entity must meet terms and conditions
1003specified in the written agreement with the state awarding
1004agency or nonstate entity.
1005     (c)  If a nonstate entity has extremely limited or no
1006required activities related to the administration of a state
1007project, and only acts as a conduit of state financial
1008assistance, none of the requirements of this section apply to
1009the conduit nonstate entity. However, the nonstate entity that
1010is provided state financial assistance by the conduit nonstate
1011entity is subject to the requirements of this section.
1012     (d)(c)  Regardless of the amount of the state financial
1013assistance, the provisions of this section does do not exempt a
1014nonstate entity from compliance with provisions of law relating
1015to maintaining records concerning state financial assistance to
1016such nonstate entity or allowing access and examination of those
1017records by the state awarding agency, the nonstate entity, the
1018Department of Financial Services Chief Financial Officer, or the
1019Auditor General.
1020     (e)(d)  Audits conducted pursuant to this section shall be
1021performed annually.
1022     (f)(e)  Audits conducted pursuant to this section shall be
1023conducted by independent auditors in accordance with auditing
1024standards as stated in rules of the Auditor General.
1025     (g)(f)  Upon completion of the audit as required by this
1026section, a copy of the recipient's financial reporting package
1027shall be filed with the state awarding agency and the Auditor
1028General. Upon completion of the audit as required by this
1029section, a copy of the subrecipient's financial reporting
1030package shall be filed with the nonstate entity recipient that
1031provided the state financial assistance and the Auditor General.
1032The financial reporting package shall be filed in accordance
1033with the rules of the Auditor General.
1034     (h)(g)  All financial reporting packages prepared pursuant
1035to the requirements of this section shall be available for
1036public inspection.
1037     (i)(h)  If an audit conducted pursuant to this section
1038discloses any significant audit findings relating to state
1039financial assistance, including material noncompliance with
1040individual state project compliance requirements or reportable
1041conditions in internal controls of the nonstate entity, the
1042nonstate entity shall submit as part of the financial reporting
1043audit package to the state awarding agency or nonstate entity a
1044plan for corrective action to eliminate such audit findings or a
1045statement describing the reasons that corrective action is not
1046necessary.
1047     (j)(i)  An audit conducted in accordance with this section
1048is in addition to any audit of federal awards required by the
1049federal Single Audit Act and other federal laws and regulations.
1050To the extent that such federally required audits provide the
1051state awarding agency or nonstate entity with information it
1052requires to carry out its responsibilities under state law or
1053other guidance, the a state awarding agency or nonstate entity
1054shall rely upon and use that information.
1055     (k)(j)  Unless prohibited by law, the costs cost of audits
1056pursuant to this section are is allowable charges to state
1057projects. However, any charges to state projects should be
1058limited to those incremental costs incurred as a result of the
1059audit requirements of this section in relation to other audit
1060requirements. The nonstate entity should allocate such
1061incremental costs to all state projects for which it expended
1062state financial assistance.
1063     (l)(k)  Audit costs may not be charged to state projects
1064when audits required by this section have not been made or have
1065been made but not in accordance with this section. If a nonstate
1066entity fails to have an audit conducted consistent with this
1067section, a state awarding agency or nonstate entity agencies may
1068take appropriate corrective action to enforce compliance.
1069     (m)(l)  This section does not prohibit the state awarding
1070agency or nonstate entity from including terms and conditions in
1071the written agreement which require additional assurances that
1072state financial assistance meets the applicable requirements of
1073laws, regulations, and other compliance rules.
1074     (n)(m)  A state awarding agency or nonstate entity that
1075provides state financial assistance to nonstate entities and
1076conducts or arranges for audits of state financial assistance
1077that are in addition to the audits conducted under this act,
1078including audits of nonstate entities that do not meet the audit
1079threshold requirements, shall, consistent with other applicable
1080law, arrange for funding the full cost of such additional
1081audits.
1082     (9)(8)  The independent auditor when conducting a state
1083single audit of a nonstate entity recipients or subrecipients
1084shall:
1085     (a)  Determine whether the nonstate entity's financial
1086statements are presented fairly in all material respects in
1087conformity with generally accepted accounting principles.
1088     (b)  Determine whether state financial assistance shown on
1089the Schedule of Expenditures of State Financial Assistance is
1090presented fairly in all material respects in relation to the
1091nonstate entity's financial statements taken as a whole.
1092     (c)  With respect to internal controls pertaining to each
1093major state project:
1094     1.  Obtain an understanding of internal controls.;
1095     2.  Assess control risk.;
1096     3.  Perform tests of controls unless the controls are
1097deemed to be ineffective.; and
1098     4.  Determine whether the nonstate entity has internal
1099controls in place to provide reasonable assurance of compliance
1100with the provisions of laws and rules pertaining to state
1101financial assistance that have a material effect on each major
1102state project.
1103     (d)  Determine whether each major state project complied
1104with the provisions of laws, rules, and guidelines as identified
1105in the State Projects Compliance Supplement, or otherwise
1106identified by the state awarding agency, which have a material
1107effect on each major state project. When major state projects
1108are less than 50 percent of the nonstate entity's total
1109expenditures for all state financial assistance, the auditor
1110shall select and test additional state projects as major state
1111projects as necessary to achieve audit coverage of at least 50
1112percent of the expenditures for all state financial assistance
1113provided to the nonstate entity. Additional state projects
1114needed to meet the 50-percent requirement may be selected on an
1115inherent risk basis as stated in the rules of the Department of
1116Financial Services Executive Office of the Governor.
1117     (e)  Report on the results of any audit conducted pursuant
1118to this section in accordance with the rules of the Executive
1119Office of the Governor, rules of the Department of Financial
1120Services Chief Financial Officer, and rules of the Auditor
1121General. Financial reporting packages shall Audit reports shall
1122include summaries of the auditor's results regarding the
1123nonstate entity's financial statements; Schedule of Expenditures
1124of State Financial Assistance; internal controls; and compliance
1125with laws, rules, and guidelines.
1126     (f)  Issue a management letter as prescribed in the rules
1127of the Auditor General.
1128     (g)  Upon notification by the nonstate entity, make
1129available the working papers relating to the audit conducted
1130pursuant to the requirements of this section to the state
1131awarding agency, the Department of Financial Services Chief
1132Financial Officer, or the Auditor General for review or copying.
1133     (10)(9)  The independent auditor, when conducting a state
1134project-specific audit of a nonstate entity recipients or
1135subrecipients, shall:
1136     (a)  Determine whether the nonstate entity's schedule of
1137Expenditure of State Financial Assistance is presented fairly in
1138all material respects in conformity with stated accounting
1139policies.
1140     (b)  Obtain an understanding of internal controls control
1141and perform tests of internal controls control over the state
1142project consistent with the requirements of a major state
1143project.
1144     (c)  Determine whether or not the auditee has complied with
1145applicable provisions of laws, rules, and guidelines as
1146identified in the State Projects Compliance Supplement, or
1147otherwise identified by the state awarding agency, which could
1148have a direct and material effect on the state project.
1149     (d)  Report on the results of the a state project-specific
1150audit consistent with the requirements of the state single audit
1151and issue a management letter as prescribed in the rules of the
1152Auditor General.
1153     (e)  Upon notification by the nonstate entity, make
1154available the working papers relating to the audit conducted
1155pursuant to the requirements of this section to the state
1156awarding agency, the Department of Financial Services Chief
1157Financial Officer, or the Auditor General for review or copying.
1158     (11)(10)  The Auditor General shall:
1159     (a)  Have the authority to audit state financial assistance
1160provided to any nonstate entity when determined necessary by the
1161Auditor General or when directed by the Legislative Auditing
1162Committee.
1163     (b)  Adopt rules that state the auditing standards that
1164independent auditors are to follow for audits of nonstate
1165entities required by this section.
1166     (c)  Adopt rules that describe the contents and the filing
1167deadlines for the financial reporting package.
1168     (d)  Provide technical advice upon request of the
1169Department of Financial Services Chief Financial Officer,
1170Executive Office of the Governor, and state awarding agencies
1171relating to financial reporting and audit responsibilities
1172contained in this section.
1173     (e)  Be provided one copy of each financial reporting
1174package prepared in accordance with the requirements of this
1175section.
1176     (f)  Perform ongoing reviews of a sample of financial
1177reporting packages filed pursuant to the requirements of this
1178section to determine compliance with the reporting requirements
1179of this section and applicable rules of the Executive Office of
1180the Governor, rules of the Department of Financial Services
1181Chief Financial Officer, and rules of the Auditor General.
1182     Section 12.  Paragraphs (a), (b), (gg), (hh), and (jj) of
1183subsection (1) of section 216.011, Florida Statutes, are
1184amended, paragraphs (rr) and (ss) are added to said subsection,
1185and paragraph (c) is added to subsection (3) of said section, to
1186read:
1187     216.011  Definitions.--
1188     (1)  For the purpose of fiscal affairs of the state,
1189appropriations acts, legislative budgets, and approved budgets,
1190each of the following terms has the meaning indicated:
1191     (a)  "Annual salary rate" means the monetary compensation
1192authorized to be paid a position on an annualized basis. The
1193term does not include moneys authorized for benefits associated
1194with the position. In calculating salary rate, a vacant position
1195shall be calculated at the minimum of the pay grade for that
1196position.
1197     (b)  "Appropriation" means a legal authorization to make
1198expenditures for specific purposes within the amounts authorized
1199by law in the appropriations act.
1200     (gg)  "Mandatory reserve" means the reduction of an
1201appropriation by the Governor or the Legislative Budget
1202Commission due to an anticipated deficit in a fund, pursuant to
1203s. 216.221. Action may not be taken to restore a mandatory
1204reserve either directly or indirectly. "Performance-based
1205program appropriation" means the appropriation category used to
1206fund a specific set of activities or classification of
1207expenditure within an approved performance-based program.
1208     (hh)  "Budget reserve" means the withholding, as authorized
1209by the Legislature, of an appropriation, or portion thereof. The
1210need for a budget reserve may exist until certain conditions set
1211by the Legislature are met by the affected agency, or such need
1212may exist due to financial or program changes that have occurred
1213since, and were unforeseen at the time of, passage of the
1214General Appropriations Act. "Performance-based program budget"
1215means a budget that incorporates approved programs and
1216performance measures.
1217     (jj)  "Program" means a set of services and activities
1218undertaken in accordance with a plan of action organized to
1219realize identifiable goals and objectives based on legislative
1220authorization.
1221     (rr)  "Activity" means a unit of work that has identifiable
1222starting and ending points, consumes resources, and produces
1223outputs.
1224     (ss)  "Qualified expenditure category" means the
1225appropriations category used to fund specific activities and
1226projects which must be transferred to one or more appropriation
1227categories for expenditure upon recommendation by the Governor
1228or Chief Justice, as appropriate, and subject to approval by the
1229Legislative Budget Commission.
1230     (3)  For purposes of this chapter, the term:
1231     (c)  "Statutorily authorized entity" means any entity
1232primarily acting as an instrumentality of the state, any
1233regulatory or governing body, or any other governmental or
1234quasi-governmental organization that receives, disburses,
1235expends, administers, awards, recommends expenditure of,
1236handles, manages, or has custody or control of funds
1237appropriated by the Legislature and:
1238     1.  Is created, organized, or specifically authorized to be
1239created or established by general law; or
1240     2.  Assists a department, as defined in s. 20.03(2), or
1241other unit of state government in providing programs or services
1242on a statewide basis with a statewide service area or
1243population.
1244     Section 13.  Effective July 1, 2006, paragraph (n) of
1245subsection (1) of section 216.011, Florida Statutes, is amended
1246to read:
1247     216.011  Definitions.--
1248     (1)  For the purpose of fiscal affairs of the state,
1249appropriations acts, legislative budgets, and approved budgets,
1250each of the following terms has the meaning indicated:
1251     (n)  "Expense" means the appropriation category used to
1252fund the usual, ordinary, and incidental expenditures by an
1253agency or the judicial branch, including such items as
1254contractual services, commodities, and supplies of a consumable
1255nature, current obligations, and fixed charges, and excluding
1256expenditures classified as operating capital outlay. Payments to
1257other funds or local, state, or federal agencies may be included
1258in this category.
1259     Section 14.  Section 216.013, Florida Statutes, is amended
1260to read:
1261     216.013  Long-range program plan.--
1262     (1)  State agencies and the judicial branch shall develop
1263long-range program plans to achieve state goals using an
1264interagency planning process that includes the development of
1265integrated agency program service outcomes. The plans shall be
1266policy based, priority driven, accountable, and developed
1267through careful examination and justification of all agency and
1268judicial branch programs. The plan shall cover a period of 5
1269fiscal years and shall become effective July 1 each year.
1270     (1)  Long-range program plans shall provide the framework
1271for the development of agency budget requests and shall identify
1272or update:
1273     (a)  The mission of the agency or judicial branch.
1274     (b)  The goals established to accomplish the mission.
1275     (c)  The objectives developed to achieve state goals.
1276     (d)  The trends and conditions relevant to the mission,
1277goals, and objectives.
1278     (e)(a)  Identify agency programs and address how agency The
1279agency or judicial branch programs that will be used to
1280implement state policy and achieve state goals and program
1281component objectives.;
1282     (f)  The program outcomes and standards to measure progress
1283toward program objectives.
1284     (b)  Identify and describe agency functions and how they
1285will be used to achieve designated outcomes;
1286     (c)  Identify demand, output, total costs, and unit costs
1287for each function;
1288     (g)(d)  Provide Information regarding performance
1289measurement, which includes, but is not limited to, how data is
1290collected, the methodology used to measure a performance
1291indicator, the validity and reliability of a measure, the
1292appropriateness of a measure, and whether, in the case of
1293agencies, the agency inspector general has assessed the
1294reliability and validity of agency performance measures,
1295pursuant to s. 20.055(2).;
1296     (e)  Identify and justify facility and fixed capital outlay
1297projects and their associated costs; and
1298     (f)  Identify and justify information technology
1299infrastructure and applications and their associated costs for
1300information technology projects or initiatives.
1301     (2)  All agency functions and their costs shall be
1302carefully evaluated and justified by the agency. The
1303justification must clearly demonstrate the needs of agency
1304customers and clients and why the agency is proposing functions
1305and their associated costs to address the needs based on state
1306priorities, the agency mission, and legislative authorization.
1307Further, the justification must show how agency functions are
1308integrated and contribute to the overall achievement of state
1309goals. Facilities, fixed capital outlay and information
1310technology infrastructure, and applications shall be evaluated
1311pursuant to ss. 216.0158, 216.043, and 216.0446, respectively.
1312     (2)  Each long-range program plan shall cover a period of 5
1313fiscal years, be revised annually, and remain in effect until
1314replaced or revised.
1315     (3)  Long-range program plans or revisions shall be
1316presented by state agencies and the judicial branch in a form,
1317manner, and timeframe prescribed in written instructions
1318prepared by submitted to the Executive Office of the Governor in
1319consultation with by August 1 of each year in a form and manner
1320prescribed by the Executive Office of the Governor and the
1321chairs of the legislative appropriations committees. Such long-
1322range program plans for the Judicial Branch shall be submitted
1323by the Chief Justice of the Supreme Court to the President of
1324the Senate and the Speaker of the House of Representatives, and
1325a copy shall be provided to the Executive Office of the
1326Governor.
1327     (4)  The Executive Office of the Governor shall review the
1328long-range program plans for executive agencies to ensure that
1329they are consistent with the state's goals and objectives and
1330other requirements as specified in the written instructions and
1331that they provide the framework and context for the agency's
1332budget request.
1333     (5)  Executive agencies shall incorporate all revisions
1334required by the Governor within 14 working days.
1335     (6)  Any differences between executive agencies regarding
1336the programs, policies, or long-range program plans of such
1337agencies shall be mediated by the Executive Office of the
1338Governor.
1339     (4)(7)  Each state executive agency and the judicial branch
1340shall post their long-range program plan on their Internet
1341website transmit copies of its long-range program plan and all
1342written comments on its plan to the President of the Senate and
1343the Speaker of the House of Representatives not later than
1344September 30th of each year, and provide written notice to the
1345Governor and the Legislature that the plans have been posted 60
1346days prior to the next regular session of the Legislature.
1347     (8)  Long-range program plans developed pursuant to this
1348chapter are not rules and therefore are not subject to the
1349provisions of chapter 120.
1350     (5)(9)  Following the adoption of the annual General
1351Appropriations Act, the state agencies and the judicial branch
1352shall make appropriate adjustments to their long-range program
1353plans to be consistent with the appropriations and performance
1354measures in the General Appropriations Act and legislation
1355implementing the General Appropriations Act. Agencies and the
1356judicial branch have until June 30 15 to make adjustments to
1357their plans as posted on their Internet websites and submit the
1358adjusted plans to the Executive Office of the Governor for
1359review.
1360     (6)  Long-range program plans developed pursuant to this
1361chapter are not rules and therefore are not subject to the
1362provisions of chapter 120.
1363     Section 15.  Section 216.023, Florida Statutes, is amended
1364to read:
1365     216.023  Legislative budget requests to be furnished to
1366Legislature by agencies.--
1367     (1)  The head of each state agency, except as provided in
1368subsection (2), shall submit a final legislative budget request
1369to the Legislature and to the Governor, as chief budget officer
1370of the state, in the form and manner prescribed in the budget
1371instructions and at such time as specified by the Executive
1372Office of the Governor, based on the agency's independent
1373judgment of its needs. However, a no state agency may not shall
1374submit its complete legislative budget request, including all
1375supporting forms and schedules required by this chapter, later
1376than October September 15 of each year unless an alternative
1377date is agreed to be in the best interest of the state by the
1378Governor and the chairs of the legislative appropriations
1379committees.
1380     (2)  The judicial branch and the Division of Administrative
1381Hearings shall submit their complete legislative budget requests
1382directly to the Legislature with a copy to the Governor, as
1383chief budget officer of the state, in the form and manner as
1384prescribed in the budget instructions. However, the complete
1385legislative budget requests, including all supporting forms and
1386schedules required by this chapter, shall be submitted no later
1387than October September 15 of each year unless an alternative
1388date is agreed to be in the best interest of the state by the
1389Governor and the chairs of the legislative appropriations
1390committees.
1391     (3)  The Executive Office of the Governor and the
1392appropriations committees of the Legislature shall jointly
1393develop legislative budget instructions for preparing the
1394exhibits and schedules that make up the agency budget from which
1395each agency and the judicial branch shall prepare their budget
1396request. The budget instructions shall be consistent with s.
1397216.141 and shall be transmitted to each agency and to the
1398judicial branch no later than July June 15 of each year unless
1399an alternative date is agreed to be in the best interest of the
1400state by the Governor and the chairs of the legislative
1401appropriations committees. In the event that agreement cannot be
1402reached between the Executive Office of the Governor and the
1403appropriations committees of the Legislature regarding
1404legislative budget instructions, the issue shall be resolved by
1405the Governor, the President of the Senate, and the Speaker of
1406the House of Representatives.
1407     (4)(a)  The legislative budget request must contain for
1408each program:
1409     1.  The constitutional or statutory authority for a
1410program, a brief purpose statement, and approved program
1411components.
1412     2.  Information on expenditures for 3 fiscal years (actual
1413prior-year expenditures, current-year estimated expenditures,
1414and agency budget requested expenditures for the next fiscal
1415year) by appropriation category.
1416     3.  Details on trust funds and fees.
1417     4.  The total number of positions (authorized, fixed, and
1418requested).
1419     5.  An issue narrative describing and justifying changes in
1420amounts and positions requested for current and proposed
1421programs for the next fiscal year.
1422     6.  Information resource requests.
1423     7.  Legislatively approved output and outcome performance
1424measures and any proposed revisions to measures.
1425     8.  Proposed performance standards for each performance
1426measure and justification for the standards and the sources of
1427data to be used for measurement.
1428     9.  Prior-year performance data on approved performance
1429measures and an explanation of deviation from expected
1430performance. Performance data must be assessed for reliability
1431in accordance with s. 20.055.
1432     10.  Proposed performance incentives and disincentives.
1433     11.  Supporting information, including applicable cost-
1434benefit analyses, business case analyses, performance
1435contracting procedures, service comparisons, and impacts on
1436performance standards for any request to outsource or privatize
1437agency functions.
1438     12.  An evaluation of any major outsourcing and
1439privatization initiatives undertaken during the last 5 fiscal
1440years having aggregate expenditures exceeding $10 million during
1441the term of the contract. The evaluation shall include an
1442assessment of contractor performance, a comparison of
1443anticipated service levels to actual service levels, and a
1444comparison of estimated savings to actual savings achieved.
1445Consolidated reports issued by the Department of Management
1446Services may be used to satisfy this requirement.
1447     (b)  It is the intent of the Legislature that total
1448accountability measures, including unit-cost data, serve not
1449only as a budgeting tool but also as a policymaking tool and an
1450accountability tool. Therefore, each state agency and the
1451judicial branch must submit a one-page summary of information
1452for the preceding year in accordance with the legislative budget
1453instructions. Each one-page summary must contain:
1454     1.  The final budget for the agency and the judicial
1455branch.
1456     2.  Total funds from the General Appropriations Act.
1457     3.  Adjustments to the General Appropriations Act.
1458     4.  The line-item listings of all activities.
1459     5.  The number of activity units performed or accomplished.
1460     6.  Total expenditures for each activity, including amounts
1461paid to contractors and subordinate entities. Expenditures
1462related to administrative activities not aligned with output
1463measures must consistently be allocated to activities with
1464output measures prior to computing unit costs.
1465     7.  The cost per unit for each activity, including the
1466costs allocated to contractors and subordinate entities.
1467     8.  The total amount of reversions and pass-through
1468expenditures omitted from unit-cost calculations.
1469
1470At the regular session immediately following the submission of
1471the agency unit cost summary, the Legislature shall reduce in
1472the General Appropriations Act for the ensuing fiscal year, by
1473an amount equal to at least 10 percent of the allocation for the
1474fiscal year preceding the current fiscal year, the funding of
1475each state agency that fails to submit the report required under
1476this paragraph.
1477     (5)  At the time specified in the legislative budget
1478instructions and in sufficient time to be included in the
1479Governor's recommended budget, the judicial branch is required
1480to submit a performance-based program budget request. The Chief
1481Justice of the Supreme Court shall identify and, after
1482consultation with the Office of Program Policy Analysis and
1483Government Accountability, submit to the President of the Senate
1484and the Speaker of the House of Representatives a list of
1485proposed programs and associated performance measures. The
1486judicial branch shall provide documentation to accompany the
1487list of proposed programs and performance measures as provided
1488under subsection (4). The judicial branch shall submit a
1489performance-based program agency budget request using the
1490programs and performance measures adopted by the Legislature.
1491The Chief Justice may propose revisions to approved programs or
1492performance measures for the judicial branch. The Legislature
1493shall have final approval of all programs and associated
1494performance measures and standards for the judicial branch
1495through the General Appropriations Act or legislation
1496implementing the General Appropriations Act. By September 15,
14972001, the Chief Justice of the Supreme Court shall submit to the
1498President of the Senate and the Speaker of the House of
1499Representatives a performance-based program budget request for
1500programs of the judicial branch approved by the Legislature and
1501provide a copy to the Executive Office of the Governor.
1502     (5)(6)  Agencies must maintain a comprehensive performance
1503accountability system and provide a list of performance measures
1504maintained by the agency which are in addition to the measures
1505approved by the Legislature.
1506     (6)(7)  Annually, by June 30, executive agencies shall
1507submit to the Executive Office of the Governor adjustments to
1508their performance standards based on the amounts appropriated
1509for each program by the Legislature. When such an adjustment is
1510made, all performance standards, including any adjustments made,
1511shall be reviewed and revised as necessary by the Executive
1512Office of the Governor and, upon approval, submitted to the
1513Legislature pursuant to the review and approval process provided
1514in s. 216.177. The Senate and the House of Representatives
1515appropriations committees Senate Committee on Fiscal Policy and
1516the House of Representatives Fiscal Responsibility Council shall
1517advise Senate substantive committees and House of
1518Representatives substantive committees, respectively, of all
1519adjustments made to performance standards or measures. The
1520Executive Office of the Governor shall maintain both the
1521official record of adjustments to the performance standards as
1522part of the agency's approved operating budget and the official
1523performance ledger. As used in this section, the term "official
1524record" "performance ledger" means the official compilation of
1525information about state agency performance-based programs and
1526measures, including approved programs, approved outputs and
1527outcomes, baseline data, approved standards for each performance
1528measure and any approved adjustments thereto, as well as actual
1529agency performance for each measure.
1530     (7)(8)  As a part of the legislative budget request, the
1531head of each state agency and the Chief Justice of the Supreme
1532Court for the judicial branch shall include an inventory of all
1533litigation in which the agency is involved that may require
1534additional appropriations to the agency, that may significantly
1535affect revenues received or anticipated to be received by the
1536state, or that may require or amendments to the law under which
1537the agency operates. No later than March 1 following the
1538submission of the legislative budget request, the head of the
1539state agency and the Chief Justice of the Supreme Court shall
1540provide an update of any additions or changes to the inventory.
1541Such inventory shall include information specified annually in
1542the legislative budget instructions and, within the discretion
1543of the head of the state agency or the Chief Justice of the
1544Supreme Court, may contain only information found in the
1545pleadings.
1546     (8)(9)  Annually, by June 30, the judicial branch shall
1547make adjustments to any performance standards for approved
1548programs based on the amount appropriated for each program,
1549which shall be submitted to the Legislature pursuant to the
1550notice and review process provided in s. 216.177. The Senate and
1551the House of Representatives appropriations committees Senate
1552Committee on Fiscal Policy and the House Fiscal Responsibility
1553Council shall advise Senate substantive committees and House
1554substantive committees, respectively, of all adjustments made to
1555performance standards or measures.
1556     (9)(10)  The Executive Office of the Governor shall review
1557the legislative budget request for technical compliance with the
1558budget format provided for in the budget instructions. The
1559Executive Office of the Governor shall notify the agency or the
1560judicial branch of any adjustment required. The agency or
1561judicial branch shall make the appropriate corrections as
1562requested. If the appropriate technical corrections are not made
1563as requested, the Executive Office of the Governor shall adjust
1564the budget request to incorporate the appropriate technical
1565corrections in the format of the request.
1566     (10)(11)  At any time after the Governor submits his or her
1567and the Chief Justice submit their recommended budget budgets to
1568the Legislature, the head of the agency or judicial branch may
1569amend his or her request by transmitting to the Governor and the
1570Legislature an amended request in the form and manner prescribed
1571in the legislative budget instructions.
1572     (11)(12)  The legislative budget request from each agency
1573and from the judicial branch shall be reviewed by the
1574Legislature. The review may allow for the opportunity to have
1575information or testimony by the agency, the judicial branch, the
1576Auditor General, the Office of Program Policy Analysis and
1577Government Accountability, the Governor's Office of Planning and
1578Budgeting, and the public regarding the proper level of funding
1579for the agency in order to carry out its mission.
1580     (12)(13)  In order to ensure an integrated state planning
1581and budgeting process, the agency long-range plan should be
1582reviewed by the Legislature.
1583     Section 16.  Section 216.031, Florida Statutes, is amended
1584to read:
1585     216.031  Target budget request.--Either chair of a
1586legislative appropriations committee, or the Executive Office of
1587the Governor for state agencies, may require the agency or the
1588Chief Justice to address major issues separate from those
1589outlined in s. 216.023, this section, and s. 216.043 for
1590inclusion in the requests of the agency or of the judicial
1591branch. The issues shall be submitted to the agency no later
1592than July 30 of each year and shall be displayed in its requests
1593as provided in the budget instructions. The Executive Office of
1594the Governor may request an agency, or the chair of an the
1595appropriations committee committees of the Senate or the House
1596of Representatives may request any agency or the judicial
1597branch, to submit no later than September 30 of each year a
1598budget plan with respect to targets established by the Governor
1599or either chair. The target budget shall require each entity to
1600establish an order of priorities for its budget issues and may
1601include requests for multiple options for the budget issues. The
1602target budget may also require each entity to submit a program
1603budget or a performance-based budget in the format prescribed by
1604the Executive Office of the Governor or either chair; provided,
1605however, The target budget format shall be compatible with the
1606planning and budgeting system requirements set out in s.
1607216.141. Such a request shall not influence the agencies' or
1608judicial branch's independent judgment in making legislative
1609budget requests, as required by law.
1610     Section 17.  Section 216.052, Florida Statutes, is amended
1611to read:
1612     216.052  Community budget requests; appropriations;
1613grants.--
1614     (1)  A local, county, or regional governmental entity,
1615private organization, or nonprofit organization may submit a
1616request for a state appropriation for a program, service, or
1617capital outlay initiative that is local or regional in scope, is
1618intended to meet a documented need, addresses a statewide
1619interest, is intended to produce measurable results, and has
1620tangible community support to members of the Legislature, a
1621state agency, or the Governor.
1622     (2)  Each appropriation to a local government, a private
1623organization, or a nonprofit organization made pursuant to a
1624community budget request shall require that the community's
1625support be tangibly demonstrated by evidence that the program or
1626service will operate in a financially sound manner. Any
1627appropriation to a local government, a private organization, or
1628a nonprofit organization made pursuant to this section should
1629require local matching funds. The match must be based on the
1630size and scope of the project and the applicant's ability to
1631provide the match. In addition, the granting of state funds
1632shall be used to encourage the establishment of community-based
1633partnerships between the public sector and the private sector.
1634     (3)  Each community budget request submitted pursuant to
1635this section must receive a hearing before a body of duly
1636elected public officials before being submitted for
1637consideration.
1638     (2)(4)  For requests submitted to members of the
1639Legislature, community budget requests shall be submitted in the
1640form and manner prescribed jointly by the President of the
1641Senate and the Speaker of the House of Representatives. If the
1642President of the Senate and the Speaker of the House of
1643Representatives do not agree on a form and manner of submission
1644to be used by both houses, each may prescribe a form and manner
1645of submission to be used in his or her house.
1646     (3)(5)  Community budget requests shall be submitted to the
1647chairs of the legislative appropriations committees in
1648accordance with the schedule established jointly by the
1649President of the Senate and the Speaker of the House of
1650Representatives. If the President of the Senate and the Speaker
1651of the House of Representatives do not agree on a schedule to be
1652used by both houses, each may prescribe a schedule to be used in
1653his or her house.
1654     (4)(6)  The Executive Office of the Governor shall
1655prescribe the form and manner of submission of requests to state
1656agencies and to the Governor.
1657     (5)(7)  The retention of interest earned on state funds or
1658the amount of interest income earned shall be applied against
1659the state entity's obligation to pay the appropriated amount.
1660     (8)  Whenever possible, a loan must be made in lieu of a
1661grant to a local government, a private organization, or a
1662nonprofit organization. It is the intent of the Legislature that
1663a revolving loan program shall be established so that the loan
1664amount plus interest is paid back by the recipient to the state.
1665     (9)  Any private or nonprofit organization that is to
1666receive funds through a community budget request shall, at the
1667time of application for such funds, provide information
1668regarding its organization, including a copy of its current
1669budget, a list of its board of directors, and, if available, a
1670copy of its most recent annual audit report prepared by an
1671independent certified public accountant licensed in this state,
1672including management letters or other documents associated with
1673the audit report.
1674     Section 18.  Subsection (5) of section 216.053, Florida
1675Statutes, is amended to read:
1676     216.053  Summary Information in the General Appropriations
1677Act; construction of such information.--
1678     (5)  For programs operating under performance-based program
1679budgets, the General Appropriations Act shall contain summary
1680information that covers specific appropriations and summarizes
1681programs and performance.
1682     Section 19.  Section 216.065, Florida Statutes, is amended
1683to read:
1684     216.065  Fiscal impact statements on actions affecting the
1685budget.--In addition to the applicable requirements of chapter
1686120, before the Governor, or Governor and Cabinet as a body,
1687performing any constitutional or statutory duty, or before any
1688state agency or statutorily authorized entity takes take any
1689final action that will affect revenues, directly require a
1690request for an increased or new appropriation in the following
1691fiscal year, or that will transfer current year funds, it they
1692shall first provide the legislative appropriations committees
1693with a fiscal impact statement that details the effects of such
1694action on the budget. The fiscal impact statement must specify
1695the estimated budget and revenue impacts for the current year
1696and the 2 subsequent fiscal years at the same level of detail
1697required to support a legislative budget request, including
1698amounts by appropriation category and fund.
1699     Section 20.  Subsection (3) is added to section 216.081,
1700Florida Statutes, to read:
1701     216.081  Data on legislative and judicial branch
1702expenses.--
1703     (3)  If the Governor does not receive timely estimates of
1704the financial needs of the legislative branch, the Governor's
1705recommended budget shall include the amounts appropriated and
1706budget entity structure established in the most recent General
1707Appropriations Act.
1708     Section 21.  Subsection (1) of section 216.133, Florida
1709Statutes, is amended to read:
1710     216.133  Definitions; ss. 216.133-216.137.--As used in ss.
1711216.133-216.137:
1712     (1)  "Consensus estimating conference" includes the
1713Economic Estimating Conference, the Demographic Estimating
1714Conference, the Revenue Estimating Conference, the Education
1715Estimating Conference, the Criminal Justice Estimating
1716Conference, the Juvenile Justice Estimating Conference, the
1717Child Welfare System Estimating Conference, the Occupational
1718Forecasting Conference, the Early Learning Programs Estimating
1719Conference, the Self-Insurance Estimating Conference, the
1720Florida Retirement System Actuarial Assumption Conference, and
1721the Social Services Estimating Conference.
1722     Section 22.  Subsections (4) and (5) of section 216.134,
1723Florida Statutes, are amended to read:
1724     216.134  Consensus estimating conferences; general
1725provisions.--
1726     (4)  Consensus estimating conferences are within the
1727legislative branch. The membership of each consensus estimating
1728conference consists of principals and participants.
1729     (a)  A person designated by law as a principal may preside
1730over conference sessions, convene conference sessions, request
1731information, specify topics to be included on the conference
1732agenda, agree or withhold agreement on whether information is to
1733be official information of the conference, release official
1734information of the conference, interpret official information of
1735the conference, and monitor errors in official information of
1736the conference.
1737     (b)  A participant is any person who is invited to
1738participate in the consensus estimating conference by a
1739principal. A participant shall, at the request of any principal
1740before or during any session of the conference, develop
1741alternative forecasts, collect and supply data, perform
1742analyses, or provide other information needed by the conference.
1743The conference shall consider information provided by
1744participants in developing its official information.
1745     (5)  All sessions and meetings of a consensus estimating
1746conference shall be open to the public as provided in chapter
1747286. The President of the Senate and the Speaker of the House of
1748Representatives, jointly, shall be the sole judge for the
1749interpretation, implementation, and enforcement of this
1750subsection.
1751     Section 23.  Subsections (7) through (12) of section
1752216.136, Florida Statutes, are amended to read:
1753     216.136  Consensus Estimating Conferences; duties and
1754principals.--
1755     (7)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
1756     (a)  Duties.--The Child Welfare System Estimating
1757Conference shall develop such official information relating to
1758the child welfare system of the state, including forecasts of
1759child welfare caseloads, as the conference determines is needed
1760for the state planning and budgeting system. Such official
1761information may include, but is not limited to:
1762     1.  Estimates and projections of the number of initial and
1763additional reports of child abuse, abandonment, or neglect made
1764to the central abuse hotline maintained by the Department of
1765Children and Family Services as established in s. 39.201(4).
1766Projections may take into account other factors that may
1767influence the number of future reports to the abuse hotline.
1768     2.  Estimates and projections of the number of children who
1769are alleged to be victims of child abuse, abandonment, or
1770neglect and are in need of emergency shelter, foster care,
1771residential group care, adoptive services, or other appropriate
1772care.
1773
1774In addition, the conference shall develop other official
1775information relating to the child welfare system of the state
1776which the conference determines is needed for the state planning
1777and budgeting system. The Department of Children and Family
1778Services shall provide information on the child welfare system
1779requested by the Child Welfare System Estimating Conference, or
1780individual conference principals, in a timely manner.
1781     (b)  Principals.--The Executive Office of the Governor, the
1782coordinator of the Office of Economic and Demographic Research,
1783and professional staff who have forecasting expertise from the
1784Department of Children and Family Services, the Senate, and the
1785House of Representatives, or their designees, are the principals
1786of the Child Welfare System Estimating Conference. The principal
1787representing the Executive Office of the Governor shall preside
1788over sessions of the conference.
1789     (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--
1790     (a)  Duties.--The Juvenile Justice Estimating Conference
1791shall develop such official information relating to the juvenile
1792justice system of the state as is determined by the conference
1793principals to be needed for the state planning and budgeting
1794system. This information shall include, but is not limited to:
1795estimates of juvenile delinquency caseloads and workloads;
1796estimates for secure, nonsecure, and home juvenile detention
1797placements; estimates of workloads in the juvenile sections in
1798the offices of the state attorneys and public defenders;
1799estimates of mental health and substance abuse treatment
1800relating to juveniles; and such other information as is
1801determined by the conference principals to be needed for the
1802state planning and budgeting system.
1803     (b)  Principals.--The Executive Office of the Governor, the
1804Office of Economic and Demographic Research, and professional
1805staff who have forecasting expertise from the Department of
1806Juvenile Justice, the Department of Children and Family Services
1807Substance Abuse and Mental Health Program Offices, the
1808Department of Law Enforcement, the Senate Appropriations
1809Committee staff, the House of Representatives Appropriations
1810Committee staff, or their designees, are the principals of the
1811Juvenile Justice Estimating Conference. The responsibility of
1812presiding over sessions of the conference shall be rotated among
1813the principals. To facilitate policy and legislative
1814recommendations, the conference may call upon the appropriate
1815legislative staff.
1816     (7)(9)  WORKFORCE ESTIMATING CONFERENCE.--
1817     (a)  Duties.--
1818     1.  The Workforce Estimating Conference shall develop such
1819official information on the workforce development system
1820planning process as it relates to the personnel needs of
1821current, new, and emerging industries as the conference
1822determines is needed by the state planning and budgeting system.
1823Such information, using quantitative and qualitative research
1824methods, must include at least: short-term and long-term
1825forecasts of employment demand for jobs by occupation and
1826industry; entry and average wage forecasts among those
1827occupations; and estimates of the supply of trained and
1828qualified individuals available or potentially available for
1829employment in those occupations, with special focus upon those
1830occupations and industries which require high skills and have
1831high entry wages and experienced wage levels. In the development
1832of workforce estimates, the conference shall use, to the fullest
1833extent possible, local occupational and workforce forecasts and
1834estimates.
1835     2.  The Workforce Estimating Conference shall review data
1836concerning the local and regional demands for short-term and
1837long-term employment in High-Skills/High-Wage Program jobs, as
1838well as other jobs, which data is generated through surveys
1839conducted as part of the state's Internet-based job matching and
1840labor market information system authorized under s. 445.011. The
1841conference shall consider such data in developing its forecasts
1842for statewide employment demand, including reviewing the local
1843and regional data for common trends and conditions among
1844localities or regions which may warrant inclusion of a
1845particular occupation on the statewide occupational forecasting
1846list developed by the conference. Based upon its review of such
1847survey data, the conference shall also make recommendations
1848semiannually to Workforce Florida, Inc., on additions or
1849deletions to lists of locally targeted occupations approved by
1850Workforce Florida, Inc.
1851     3.  During each legislative session, and at other times if
1852necessary, the Workforce Estimating Conference shall meet as the
1853Workforce Impact Conference for the purpose of determining the
1854effects of legislation related to the state's workforce and
1855economic development efforts introduced prior to and during such
1856legislative session. In addition to the designated principals of
1857the impact conference, nonprincipal participants of the impact
1858conference shall include a representative of the Florida Chamber
1859of Commerce and other interested parties. The impact conference
1860shall use both quantitative and qualitative research methods to
1861determine the impact of introduced legislation related to
1862workforce and economic development issues.
1863     4.  Notwithstanding subparagraph 3., the Workforce
1864Estimating Conference, for the purposes described in
1865subparagraph 1., shall meet no less than 2 times in a calendar
1866year. The first meeting shall be held in February and the second
1867meeting shall be held in August. Other meetings may be scheduled
1868as needed.
1869     (b)  Principals.--The Commissioner of Education, the
1870Executive Office of the Governor, the director of the Office of
1871Tourism, Trade, and Economic Development, the director of the
1872Agency for Workforce Innovation, the executive director of the
1873Commission for Independent Education, the Chancellor of the
1874State University System, the chair of Workforce Florida, Inc.,
1875the coordinator of the Office of Economic and Demographic
1876Research, or their designees, and professional staff from the
1877Senate and the House of Representatives who have forecasting and
1878substantive expertise, are the principals of the Workforce
1879Estimating Conference. In addition to the designated principals
1880of the conference, nonprincipal participants of the conference
1881shall include a representative of the Florida Chamber of
1882Commerce and other interested parties. The principal
1883representing the Executive Office of the Governor shall preside
1884over the sessions of the conference.
1885     (8)(10)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
1886     (a)  Duties.--
1887     1.  The Early Learning Programs Estimating Conference shall
1888develop estimates and forecasts of the unduplicated count of
1889children eligible for school readiness programs in accordance
1890with the standards of eligibility established in s. 411.01(6),
1891and of children eligible for the Voluntary Prekindergarten
1892Education Program in accordance with s. 1002.53(2), as the
1893conference determines are needed to support the state planning,
1894budgeting, and appropriations processes.
1895     2.  The Agency for Workforce Innovation shall provide
1896information on needs and waiting lists for school readiness
1897programs, and information on the needs for the Voluntary
1898Prekindergarten Education Program, as requested by the Early
1899Learning Programs Estimating Conference or individual conference
1900principals in a timely manner.
1901     (b)  Principals.--The Executive Office of the Governor, the
1902Director of Economic and Demographic Research, and professional
1903staff who have forecasting expertise from the Agency for
1904Workforce Innovation, the Department of Children and Family
1905Services, the Department of Education, the Senate, and the House
1906of Representatives, or their designees, are the principals of
1907the Early Learning Programs Estimating Conference. The principal
1908representing the Executive Office of the Governor shall preside
1909over sessions of the conference.
1910     (9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--
1911     (a)  Duties.--The Self-Insurance Estimating Conference
1912shall develop such official information on self-insurance
1913related issues as the conference determines is needed by the
1914state planning and budgeting system.
1915     (b)  Principals.--The Executive Office of the Governor, the
1916coordinator of the Office of Economic and Demographic Research,
1917and professional staff directors of the committees of the Senate
1918and the House of Representatives who have forecasting and
1919substantive experience which have primary responsibility for
1920legislation dealing with taxation, or their designees, are the
1921principals of the Self-Insurance Estimating Conference. The
1922responsibility of presiding over sessions of the conference
1923shall be rotated among the principals.
1924     (10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
1925CONFERENCE.--
1926     (a)  Duties.--The Florida Retirement System Actuarial
1927Assumption Conference shall develop official information with
1928respect to the economic and noneconomic assumptions and funding
1929methods of the Florida Retirement System necessary to perform
1930the system actuarial study undertaken pursuant to s. 121.031(3).
1931Such information shall include: an analysis of the actuarial
1932assumptions and actuarial methods used in the study and a
1933determination of whether changes to the assumptions or methods
1934need to be made due to experience changes or revised future
1935forecasts.
1936     (b)  Principals.--The Executive Office of the Governor, the
1937coordinator of the Office of Economic and Demographic Research,
1938and professional staff of the Senate and House of
1939Representatives who have forecasting and substantive expertise,
1940or their designees, are the principals of the Florida Retirement
1941System Actuarial Assumption Conference. The Executive Office of
1942the Governor shall have the responsibility of presiding over the
1943sessions of the conference. The State Board of Administration
1944and the Division of Retirement shall be participants in the
1945conference.
1946     Section 24.  Subsection (1) of section 216.162, Florida
1947Statutes, is amended to read:
1948     216.162  Governor's recommended budget to be furnished
1949Legislature; copies to members.--
1950     (1)  At least 30 45 days before the scheduled annual
1951legislative session, the Governor shall furnish each senator and
1952representative a copy of his or her recommended balanced budget
1953for the state, based on the Governor's own conclusions and
1954judgment; provided, however, that in his or her first year in
1955office a new Governor may request, subject to approval of the
1956President of the Senate and the Speaker of the House of
1957Representatives, that his or her recommended balanced budget be
1958submitted at a later time prior to the Governor's first regular
1959legislative session.
1960     Section 25.  Subsection (2) and paragraph (b) of subsection
1961(4) of section 216.163, Florida Statutes, are amended to read:
1962     216.163  Governor's recommended budget; form and content;
1963declaration of collective bargaining impasses.--
1964     (2)  The Governor's recommended budget shall also include:
1965     (a)  The Governor's recommendations for operating each
1966state agency, and those of the Chief Justice of the Supreme
1967Court for operating the judicial branch, for the next fiscal
1968year. These recommendations shall be displayed by appropriation
1969category within each budget entity and shall also include the
1970legislative budget request of the corresponding agency. In order
1971to present a balanced budget as required by s. 216.162, the
1972Governor's recommendations for operating appropriations may
1973include an alternative recommendation to that of the Chief
1974Justice.
1975     (b)1.  The Governor's recommendations and those of the
1976Chief Justice for fixed capital outlay appropriations for the
1977next fiscal year. These recommendations shall be displayed by
1978budget entity and shall also include the legislative budget
1979request of the corresponding agency. In order to present a
1980balanced budget as required by s. 216.162, the Governor's
1981recommendations for fixed capital outlay appropriations may
1982include an alternative recommendation to that of the Chief
1983Justice.
1984     2.  For each specific fixed capital outlay project or group
1985of projects or operating capital outlay requests recommended to
1986be funded from a proposed state debt or obligation, he or she
1987shall make available pursuant to s. 216.164(1)(a) the documents
1988set forth in s. 216.0442(2).
1989     (c)  The evaluation of the fixed capital outlay request of
1990each agency and the judicial branch and alternatives to the
1991proposed projects as made by the Department of Management
1992Services pursuant to s. 216.044.
1993     (d)  A summary statement of the amount of appropriations
1994requested by each state agency and as recommended by the
1995Governor and by the judicial branch.
1996     (e)  A distinct listing of all nonrecurring appropriations
1997recommended by the Governor or the Chief Justice.
1998     (f)  The Governor's recommendations for high-risk
1999information technology projects which should be subject to
2000monitoring under s. 282.322. These recommendations shall include
2001proviso language which specifies whether funds are specifically
2002provided to contract for project monitoring, or whether the
2003Auditor General will conduct such project monitoring. When funds
2004are recommended for contracting with a project monitor, such
2005funds may equal 1 percent to 5 percent of the project's
2006estimated total costs. These funds shall be specifically
2007appropriated and nonrecurring.
2008     (g)  Any additional information which the Governor or Chief
2009Justice feels is needed to justify his or her recommendations.
2010     (4)  The Executive Office of the Governor shall review the
2011findings of the Office of Program Policy Analysis and Government
2012Accountability, to the extent they are available, request any
2013reports or additional analyses as necessary, and submit a
2014recommendation for executive agencies, which may include a
2015recommendation regarding incentives or disincentives for agency
2016performance. Incentives or disincentives may apply to all or
2017part of a state agency. The Chief Justice shall review the
2018findings of the Office of Program Policy Analysis and Government
2019Accountability regarding judicial branch performance and make
2020appropriate recommendations for the judicial branch.
2021     (b)  Disincentives may include, but are not limited to:
2022     1.  Mandatory quarterly reports to the Executive Office of
2023the Governor and the Legislature on the agency's progress in
2024meeting performance standards.
2025     2.  Mandatory quarterly appearances before the Legislature,
2026the Governor, or the Governor and Cabinet to report on the
2027agency's progress in meeting performance standards.
2028     3.  Elimination or restructuring of the program, which may
2029include, but not be limited to, transfer of the program or
2030outsourcing all or a portion of the program.
2031     4.  Reduction of total positions for a program.
2032     5.  Restriction on or reduction of the spending authority
2033provided in s. 216.292(2)(b).
2034     6.  Reduction of managerial salaries.
2035     Section 26.  Subsections (1) through (4) of section
2036216.167, Florida Statutes, are amended to read:
2037     216.167  Governor's recommendations.--The Governor's
2038recommendations shall include a financial schedule that
2039provides:
2040     (1)  The Governor's estimate of the recommended recurring
2041revenues available in the Budget Stabilization Fund, the Working
2042Capital Fund, and the General Revenue Fund.
2043     (2)  The Governor's estimate of the recommended
2044nonrecurring revenues available in the Budget Stabilization
2045Fund, the Working Capital Fund, and the General Revenue Fund.
2046     (3)  The Governor's recommended recurring and nonrecurring
2047appropriations from the Budget Stabilization Fund, the Working
2048Capital Fund, and the General Revenue Fund.
2049     (4)  The Governor's estimates of any interfund loans or
2050temporary obligations of the Budget Stabilization Fund, the
2051General Revenue Working Capital Fund, or trust funds, which
2052loans or obligations are needed to implement his or her
2053recommended budget.
2054     Section 27.  Subsection (4) of section 216.168, Florida
2055Statutes, is amended to read:
2056     216.168  Governor's amended revenue or budget
2057recommendations; optional and mandatory.--
2058     (4)  If the Governor determines, at any time after he or
2059she has furnished the Legislature with his or her
2060recommendations or amended recommendations, that the revenue
2061estimates upon which the Governor's recommendations were based
2062are insufficient to fund these recommendations, the Governor
2063shall amend his or her revenues or appropriations
2064recommendations to bring the Governor's recommended budget into
2065balance. On or after March 1, if the Governor determines that
2066there is insufficient time to provide the information for the
2067amended recommendations required in ss. 216.164 and 216.166, he
2068or she shall be exempt from such requirement.
2069     Section 28.  Subsections (2), (3), and (4) of section
2070216.177, Florida Statutes, are amended to read:
2071     216.177  Appropriations acts, statement of intent,
2072violation, notice, review and objection procedures.--
2073     (2)(a)  Whenever notice of action to be taken by the
2074Executive Office of the Governor or the Chief Justice of the
2075Supreme Court is required by this chapter, such notice shall be
2076given to the chair and vice chair of the Legislative Budget
2077Commission in writing, and shall be delivered at least 14 days
2078prior to the action referred to, unless a shorter period is
2079approved in writing by the chair and vice chair. If the action
2080is solely for the release of funds appropriated by the
2081Legislature, the notice shall be delivered at least 3 days
2082before the effective date of the action. Action shall not be
2083taken on any budget item for which this chapter requires notice
2084to the Legislative Budget Commission or the appropriations
2085committees without such notice having been provided, even though
2086there may be good cause for considering such item.
2087     (b)  If the chair and vice chair of the Legislative Budget
2088Commission or the President of the Senate and the Speaker of the
2089House of Representatives timely advise, in writing, the
2090Executive Office of the Governor or the Chief Justice of the
2091Supreme Court that an action or a proposed action, including any
2092expenditure of funds resulting from the settlement of litigation
2093involving a state agency or officer, whether subject to the
2094notice and review requirements of this chapter or not, exceeds
2095the delegated authority of the Executive Office of the Governor
2096for the executive branch or the Chief Justice for the judicial
2097branch, respectively, or is contrary to legislative policy and
2098intent, the Governor or the Chief Justice of the Supreme Court
2099shall void such action and instruct the affected state agency or
2100entity of the judicial branch to change immediately its spending
2101action or spending proposal until the Legislative Budget
2102Commission or the Legislature addresses the issue. The written
2103documentation shall indicate the specific reasons that an action
2104or proposed action exceeds the delegated authority or is
2105contrary to legislative policy and intent.
2106     (c)  The House of Representatives and the Senate shall
2107provide by rule that any member of the House of Representatives
2108or Senate may request, in writing, of either the President of
2109the Senate or the Speaker of the House of Representatives to
2110initiate the procedures of paragraph (b).
2111     (3)  The Legislature may annually specify any incentives
2112and disincentives for agencies operating programs under
2113performance-based program budgets pursuant to this chapter in
2114the General Appropriations Act or legislation implementing the
2115General Appropriations Act.
2116     (4)  Notwithstanding the 14-day notice requirements of this
2117section, the Department of Children and Family Services is
2118required to provide notice of proposed transfers submitted
2119pursuant to s. 20.19(5)(b) to the Executive Office of the
2120Governor and the chairs of the legislative appropriations
2121committees at least 3 working days prior to their
2122implementation.
2123     Section 29.  Subsections (1), (2), (4), (6), (8), (9),
2124(10), (12), and (16) of section 216.181, Florida Statutes, are
2125amended to read:
2126     216.181  Approved budgets for operations and fixed capital
2127outlay.--
2128     (1)  The General Appropriations Act and any other acts
2129containing appropriations shall be considered the original
2130approved operating budgets for operational and fixed capital
2131expenditures. Amendments to the approved operating budgets for
2132operational and fixed capital outlay expenditures from state
2133agencies may be requested only through the Executive Office of
2134the Governor and approved by the Governor and the Legislative
2135Budget Commission as provided in this chapter. Amendments from
2136the judicial branch may be requested only through, and approved
2137by, the Chief Justice of the Supreme Court and must be approved
2138by the Chief Justice and the Legislative Budget Commission as
2139provided in this chapter. This includes amendments which are
2140necessary to implement the provisions of s. 216.212 or s.
2141216.221.
2142     (2)  Amendments to the original approved operating budgets
2143for operational and fixed capital outlay expenditures must
2144comply with the following guidelines in order to be approved by
2145the Governor and the Legislative Budget Commission as provided
2146in this chapter for the executive branch and the Chief Justice
2147and the Legislative Budget Commission for the judicial branch:
2148     (a)  The amendment must be consistent with legislative
2149policy and intent.
2150     (b)  The amendment may not initiate or commence a new
2151program, except as authorized by this chapter, or eliminate an
2152existing program.
2153     (c)  Except as authorized in s. 216.292 or other provisions
2154of this chapter, the amendment may not provide funding or
2155increased funding for items which were funded by the Legislature
2156in an amount less than that requested by the agency or Governor
2157in the legislative budget request or recommended by the
2158Governor, or which were vetoed by the Governor.
2159     (d)  For amendments that involve trust funds, there must be
2160adequate and appropriate revenues available in the trust fund
2161and the amendment must be consistent with the laws authorizing
2162such trust funds and the laws relating to the use of the trust
2163funds. However, a trust fund shall not be increased in excess of
2164the original approved budget, except as provided in subsection
2165(11).
2166     (e)  The amendment shall not conflict with any provision of
2167law.
2168     (f)  The amendment must not provide funding for any issue
2169which was requested by the agency or branch in its legislative
2170budget request and not funded in the General Appropriations Act.
2171     (g)  The amendment must include a written description of
2172the purpose of the proposed change, an indication of why interim
2173budget action is necessary, and the intended recipient of any
2174funds for contracted services.
2175     (h)  The amendment must not provide general salary
2176increases which the Legislature has not authorized in the
2177General Appropriations Act or other laws.
2178     (4)  To the extent possible, individual members of the
2179Senate and the House of Representatives should be advised of
2180budget amendments requested by the executive branch and judicial
2181branch.
2182     (6)(a)  The Executive Office of the Governor or the Chief
2183Justice of the Supreme Court may require the submission of a
2184detailed plan from the agency or entity of the judicial branch
2185affected, consistent with the General Appropriations Act,
2186special appropriations acts, and statements the statement of
2187intent before transferring and releasing the balance of a lump-
2188sum appropriation. The provisions of this paragraph are subject
2189to the notice and review procedures set forth in s. 216.177.
2190     (b)  The Executive Office of the Governor and the Chief
2191Justice of the Supreme Court may amend, without approval of the
2192Legislative Budget Commission, state agency and judicial branch
2193entity budgets, respectively, to reflect the transferred funds
2194and to provide the associated increased salary rate based on the
2195approved plans for lump-sum appropriations. This paragraph is
2196subject to the procedures set forth in s. 216.177.
2197
2198The Executive Office of the Governor shall transmit to each
2199state agency and the Chief Financial Officer, and the Chief
2200Justice shall transmit to each judicial branch component and the
2201Chief Financial Officer, any approved amendments to the approved
2202operating budgets.
2203     (8)  As part of the approved operating budget, the
2204Executive Office of the Governor shall furnish to each state
2205agency, and the Chief Justice of the Supreme Court shall furnish
2206to the entity of the judicial branch, an approved annual salary
2207rate for each budget entity containing a salary appropriation.
2208This rate shall be based upon the actual salary rate and shall
2209be consistent with the General Appropriations Act or special
2210appropriations acts. The annual salary rate shall be:
2211     (a)  Determined by Calculated based on the actual salary
2212rate in effect on June 30, and the salary policy and the number
2213of authorized positions as specified in the General
2214Appropriations Act and adjusted for reorganizations authorized
2215by law, for any other appropriations made by law, and, subject
2216to s. 216.177, for distributions of lump-sum appropriations and
2217administered funds special appropriations acts, or as provided
2218pursuant to s. 216.177.
2219     (b)  Controlled by department or agency; except for the
2220Department of Education, which shall be controlled by division
2221and for the judicial branch, which shall be controlled at the
2222branch level.
2223     (c)  Assigned to the number of authorized positions.
2224     (9)(a)  The calculation for the annual salary rate for
2225vacant and newly authorized positions shall be at no more than
2226the midpoint of the range of the pay grade for the position or
2227as provided in the General Appropriations Act.
2228     (b)  No agency or the judicial branch may exceed its
2229maximum approved annual salary rate for the fiscal year.
2230However, at any time during the fiscal year, an agency or entity
2231of the judicial branch may exceed its approved rate for all
2232budget entities by no more than 5 percent, provided that, by
2233June 30 of every fiscal year, the agency or entity of the
2234judicial branch has reduced its salary rate so that the salary
2235rate for each department budget entity is within the approved
2236rate limit for that department budget entity.
2237     (10)(a)  The Legislative Budget Commission Executive Office
2238of the Governor and the Chief Justice of the Supreme Court may
2239authorize increases or decreases in increase or decrease the
2240approved salary rate for positions for the purpose of
2241implementing the General Appropriations Act, special
2242appropriations acts, and actions pursuant to s. 216.262
2243consistent with legislative intent and policy. Other adjustments
2244to approved salary rate must be approved by the Legislative
2245Budget Commission pursuant to the request of the agency filed
2246with the Executive Office of the Governor or pursuant to the
2247request of an entity of the judicial branch filed with the Chief
2248Justice of the Supreme Court, if deemed necessary and in the
2249best interest of the state and consistent with legislative
2250policy and intent. The provisions of this paragraph are subject
2251to the notice and review procedures set forth in s. 216.177.
2252     (b)  Lump-sum salary bonuses may be provided only if
2253specifically appropriated or provided pursuant to s. 110.1245 or
2254s. 216.1815.
2255     (c)  State agencies and the judicial branch shall report,
2256each fiscal quarter, the number of filled positions, the number
2257of vacant positions, and the salary rate associated with each
2258category to the Legislative Budget Commission in a form and
2259manner prescribed by the commission.
2260     (d)  The salary rate provisions of subsections (8) and (9)
2261and this subsection do not apply to the general office program
2262of the Executive Office of the Governor.
2263     (12)  There is appropriated nonoperating budget for
2264refunds, payments to the United States Treasury, and payments of
2265the service charge to the General Revenue Fund, and transfers of
2266funds specifically required by law. Such authorized budget,
2267together with related releases, shall be transmitted by the
2268state agency or by the judicial branch to the Chief Financial
2269Officer for entry in his or her records in the manner and format
2270prescribed by the Executive Office of the Governor in
2271consultation with the Chief Financial Officer. A copy of such
2272authorized budgets shall be furnished to the Executive Office of
2273the Governor or the Chief Justice, the chairs of the legislative
2274committees responsible for developing the general appropriations
2275acts, and the Auditor General. Notwithstanding the duty
2276specified for each state agency in s. 17.61(3), the Governor may
2277withhold approval of nonoperating investment authority for
2278certain trust funds when deemed in the best interest of the
2279state. The Governor for the executive branch, and the Chief
2280Justice for the judicial branch, may establish nonoperating
2281budgets, with the approval of the chairs of the Senate and the
2282House of Representatives appropriations committees, for
2283transfers, purchase of investments, special expenses,
2284distributions, transfers of funds specifically required by law,
2285and any other nonoperating budget categories they deem necessary
2286and in the best interest of the state and consistent with
2287legislative intent and policy. The provisions of this subsection
2288are subject to the notice, review, and objection procedures set
2289forth in s. 216.177. For purposes of this section, the term
2290"nonoperating budgets" means nonoperating disbursement authority
2291for purchase of investments, refunds, payments to the United
2292States Treasury, transfers of funds specifically required by
2293law, distributions of assets held by the state in a trustee
2294capacity as an agent of fiduciary, special expenses, and other
2295nonoperating budget categories, as determined necessary by the
2296Executive Office of the Governor and the chairs of the Senate
2297and the House of Representatives appropriations committees, not
2298otherwise appropriated in the General Appropriations Act. The
2299establishment of nonoperating budget authority shall be deemed
2300approved by a chair of a legislative committee if written notice
2301of the objection is not provided to the Governor or Chief
2302Justice, as appropriate, within 14 days of the chair receiving
2303notice of the action pursuant to the provisions of s. 216.177.
2304     (16)(a)  Funds provided in any specific appropriation in
2305the General Appropriations Act may be advanced if the General
2306Appropriations Act specifically so provides.
2307     (b)  Any agency, or the judicial branch, that has been
2308authorized by the General Appropriations Act or expressly
2309authorized by other law to make advances for program startup or
2310advances for contracted services, in total or periodically,
2311shall limit such disbursements to other governmental entities
2312and not-for-profit corporations. The amount that which may be
2313advanced shall not exceed the expected cash needs of the
2314contractor or recipient within the initial 3 months. Thereafter,
2315disbursements shall only be made on a reimbursement basis. Any
2316agreement that provides for advancements may contain a clause
2317that permits the contractor or recipient to temporarily invest
2318the proceeds, provided that any interest income shall either be
2319returned to the agency or be applied against the agency's
2320obligation to pay the contract amount. This paragraph does not
2321constitute lawful authority to make any advance payment not
2322otherwise authorized by laws relating to a particular agency or
2323general laws relating to the expenditure or disbursement of
2324public funds. The Chief Financial Officer may, after
2325consultation with the legislative appropriations committees,
2326advance funds beyond a 3-month requirement if it is determined
2327to be consistent with the intent of the approved operating
2328budget.
2329     (c)  Unless specifically prohibited in the General
2330Appropriations Act, funds appropriated to the Department of
2331Children and Family Services and the Department of Health may be
2332advanced for those contracted services that were approved for
2333advancement by the Comptroller in fiscal year 1993-1994,
2334including those services contracted on a fixed-price or unit-
2335cost basis.
2336     Section 30.  Section 216.192, Florida Statutes, is amended
2337to read:
2338     216.192  Release of appropriations; revision of budgets.--
2339     (1)  Unless otherwise provided in the General
2340Appropriations Act, on July 1 of each fiscal year, up to 25
2341percent of the original approved operating budget of each agency
2342and of the judicial branch may be released until such time as
2343annual plans for quarterly releases for all appropriations have
2344been developed, approved, and furnished to the Chief Financial
2345Officer by the Executive Office of the Governor for state
2346agencies and by the Chief Justice of the Supreme Court for the
2347judicial branch. The plans, including appropriate plans of
2348releases for fixed capital outlay projects that correspond with
2349each project schedule, shall attempt to maximize the use of
2350trust funds and shall be transmitted to the Chief Financial
2351Officer by August 1 of each fiscal year. Such releases shall at
2352no time exceed the total appropriations available to a state
2353agency or to the judicial branch, or the approved budget for
2354such agency or the judicial branch if less. The Chief Financial
2355Officer shall enter such releases in his or her records in
2356accordance with the release plans prescribed by the Executive
2357Office of the Governor and the Chief Justice, unless otherwise
2358amended as provided by law. The Executive Office of the Governor
2359and the Chief Justice shall transmit a copy of the approved
2360annual releases to the head of the state agency, the chair and
2361vice chair of the Legislative Budget Commission, and the Auditor
2362General. The Chief Financial Officer shall authorize all
2363expenditures to be made from the appropriations on the basis of
2364such releases and in accordance with the approved budget, and
2365not otherwise. Expenditures shall be authorized only in
2366accordance with legislative authorizations. Nothing herein
2367precludes periodic reexamination and revision by the Executive
2368Office of the Governor or by the Chief Justice of the annual
2369plans for release of appropriations and the notifications of the
2370parties of all such revisions.
2371     (2)  Any department under the direct supervision of a
2372member of the Cabinet or of a board consisting of the Governor
2373and members of the Cabinet which contends that the plan for
2374releases of funds appropriated to it is contrary to the approved
2375operating budget shall have the right to have the issue reviewed
2376by the Administration Commission which shall decide such issue
2377by majority vote. The appropriations committees of the
2378Legislature may advise the Administration Commission on the
2379issue.
2380     (3)  The Executive Office of the Governor shall make
2381releases within the amounts appropriated and as requested for
2382all appropriations to the legislative branch, and the provisions
2383of subsections (1) and (2) shall not apply to the legislative
2384branch.
2385     (4)  The legislative appropriations committees may advise
2386the Chief Financial Officer, the Executive Office of the
2387Governor, or the Chief Justice relative to the release of any
2388funds under this section.
2389     (4)(5)  The annual plans of releases authorized by this
2390section may be considered by the Revenue Estimating Conference
2391in preparation of the statement of financial outlook.
2392     (5)  In order to implement directives contained in the
2393General Appropriations Act or to prevent deficits pursuant to s.
2394216.221, the Executive Office of the Governor for the executive
2395branch and the Chief Justice for the judicial branch may place
2396appropriations in budget reserve or mandatory reserve.
2397     (6)  All budget actions taken pursuant to the provisions of
2398this section are subject to the notice and review procedures set
2399forth in s. 216.177.
2400     Section 31.  Section 216.195, Florida Statutes, is amended
2401to read:
2402     216.195  Impoundment of funds; restricted.--The Executive
2403Office of the Governor, the Chief Justice of the Supreme Court,
2404any member of the Cabinet, or any state agency shall not impound
2405any appropriation except as necessary to avoid or eliminate a
2406deficit pursuant to the provisions of s. 216.221. As used in
2407this section, the term "impoundment" means the omission of any
2408appropriation or part of an appropriation in the approved
2409operating plan prepared pursuant to s. 216.181 or in the
2410schedule of releases prepared pursuant to s. 216.192 or the
2411failure of any state agency or the judicial branch to spend an
2412appropriation for the stated purposes authorized in the approved
2413operating budget. The provisions of this section are subject to
2414the notice and review procedures of s. 216.177. The Governor or
2415either house of the Legislature may seek judicial review of any
2416action or proposed action which violates the provisions of this
2417section.
2418     Section 32.  Subsections (2), (3), (5), (7), (9), and (10)
2419of section 216.221, Florida Statutes, are amended to read:
2420     216.221  Appropriations as maximum appropriations;
2421adjustment of budgets to avoid or eliminate deficits.--
2422     (2)  The Legislature may annually provide direction in the
2423General Appropriations Act regarding use of any state funds the
2424Budget Stabilization Fund and Working Capital Fund to offset
2425General Revenue Fund deficits.
2426     (3)  For purposes of preventing a deficit in the General
2427Revenue Fund, all branches and agencies of government that
2428receive General Revenue Fund appropriations shall participate in
2429deficit reduction efforts. Absent specific legislative direction
2430in the General Appropriations Act, when budget reductions are
2431required in order to prevent a deficit under the provisions of
2432subsection (7), each branch shall reduce its General Revenue
2433Fund appropriations by a proportional amount.
2434     (5)(a)  If, in the opinion of the Governor, after
2435consultation with the Revenue Estimating Conference, a deficit
2436will occur in the General Revenue Fund, he or she shall so
2437certify to the commission and to the Chief Justice of the
2438Supreme Court. No more than 30 days after certifying that a
2439deficit will occur in the General Revenue Fund, the Governor
2440shall develop for the executive branch, and the Chief Justice of
2441the Supreme Court shall develop for the judicial branch, and
2442provide to the commission and to the Legislature plans of action
2443to eliminate the deficit.
2444     (b)  If, in the opinion of the President of the Senate and
2445the Speaker of the House of Representatives, after consultation
2446with the Revenue Estimating Conference, a deficit will occur in
2447the General Revenue Fund and the Governor has not certified the
2448deficit, the President of the Senate and the Speaker of the
2449House of Representatives shall so certify. Within 30 days after
2450such certification, the Governor shall develop for the executive
2451branch and the Chief Justice of the Supreme Court shall develop
2452for the judicial branch and provide to the commission and to the
2453Legislature plans of action to eliminate the deficit.
2454     (c)(b)  In developing a plan of action to prevent deficits
2455in accordance with subsection (7), the Governor and Chief
2456Justice shall, to the extent possible, preserve legislative
2457policy and intent, and, absent any specific direction to the
2458contrary in the General Appropriations Act, the Governor and
2459Chief Justice shall comply with the following guidelines for
2460reductions in the approved operating budgets of the executive
2461branch and the judicial branch:
2462     1.  Entire statewide programs previously established by the
2463Legislature should not be eliminated.
2464     1.2.  Education budgets should not be reduced more than
2465provided for in s. 215.16(2).
2466     2.3.  The use of nonrecurring funds to solve recurring
2467deficits should be minimized.
2468     3.4.  Newly created programs that are not fully implemented
2469and programs with critical audits, evaluations, and reviews
2470should receive first consideration for reductions.
2471     4.5.  No agencies or branches of government receiving
2472appropriations should be exempt from reductions.
2473     5.6.  When reductions in positions are required, the focus
2474should be initially on vacant positions.
2475     7.  Any reductions applied to all agencies and branches
2476should be uniformly applied.
2477     6.8.  Reductions that would cause substantial losses of
2478federal funds should be minimized.
2479     9.  To the greatest extent possible, across-the-board,
2480prorated reductions should be considered.
2481     7.10.  Reductions to statewide programs should occur only
2482after review of programs that provide only local benefits.
2483     8.11.  Reductions in administrative and support functions
2484should be considered before reductions in direct-support
2485services.
2486     9.12.  Maximum reductions should be considered in budgets
2487for expenses including travel and in budgets for equipment
2488replacement, outside consultants, and contracts.
2489     10.13.  Reductions in salaries for elected state officials
2490should be considered.
2491     11.14.  Reductions that adversely affect the public health,
2492safety, and welfare should be minimized.
2493     12.15.  The Budget Stabilization Fund should not be reduced
2494to a level that would impair the financial stability of this
2495state.
2496     13.16.  Reductions in programs that are traditionally
2497funded by the private sector and that may be assumed by private
2498enterprise should be considered.
2499     14.17.  Reductions in programs that are duplicated among
2500state agencies or branches of government should be considered.
2501     (7)  Deficits in the General Revenue Fund that do not meet
2502the amounts specified by subsection (6) shall be resolved by the
2503Governor commission for the executive branch and the Chief
2504Justice of the Supreme Court for the judicial branch. The
2505Governor commission and Chief Justice shall implement any
2506directions provided in the General Appropriations Act related to
2507eliminating deficits and to reducing agency and judicial branch
2508budgets, including the use of those legislative appropriations
2509voluntarily placed in reserve. In addition, the Governor and
2510Chief Justice commission shall implement any directions in the
2511General Appropriations Act relating to the resolution of deficit
2512situations. When reducing state agency or judicial branch
2513budgets, the Governor commission or the Chief Justice,
2514respectively, shall use the guidelines prescribed in subsection
2515(5). The Executive Office of the Governor for the commission,
2516and the Chief Justice for the judicial branch, shall implement
2517the deficit reduction plans through amendments to the approved
2518operating budgets in accordance with s. 216.181.
2519     (9)  If, in the opinion of the Chief Financial Officer,
2520after consultation with the Revenue Estimating Conference, a
2521deficit will occur, he or she shall report his or her opinion to
2522the Governor, the President of the Senate, and the Speaker of
2523the House of Representatives in writing. In the event the
2524Governor does not certify a deficit, or the President of the
2525Senate and the Speaker of the House of Representatives do not
2526certify a deficit within 10 days after the Chief Financial
2527Officer's report, the Chief Financial Officer shall report his
2528or her findings and opinion to the commission and the Chief
2529Justice of the Supreme Court.
2530     (10)  When advised by the Revenue Estimating Conference,
2531the Chief Financial Officer, or any agency responsible for a
2532trust fund that a deficit will occur with respect to the
2533appropriations from a specific trust fund in the current fiscal
2534year, the Governor for the executive branch, or the Chief
2535Justice for the judicial branch, shall develop a plan of action
2536to eliminate the deficit. Before implementing the plan of
2537action, the Governor or the Chief Justice must comply with the
2538provisions of s. 216.177(2), and actions to resolve deficits in
2539excess of $1 million must be approved by the Legislative Budget
2540Commission. In developing the plan of action, the Governor or
2541the Chief Justice shall, to the extent possible, preserve
2542legislative policy and intent, and, absent any specific
2543directions to the contrary in the General Appropriations Act,
2544any reductions in appropriations from the trust fund for the
2545fiscal year shall be prorated among the specific appropriations
2546made from the trust fund for the current fiscal year.
2547     Section 33.  Subsection (2) of section 216.231, Florida
2548Statutes, is amended to read:
2549     216.231  Release of certain classified appropriations.--
2550     (2)  The release of appropriated funds classified as
2551"deficiency" shall be approved only when a General Revenue Fund
2552appropriation for operations of a state agency or of the
2553judicial branch is inadequate because the workload or cost of
2554the operation exceeds that anticipated by the Legislature and a
2555determination has been made by the Governor commission that the
2556deficiency will result in an impairment of the activities of an
2557agency or of the judicial branch to the extent that the agency
2558is unable to carry out its program as provided by the
2559Legislature in the general appropriations acts. These funds may
2560not be used for creation of any new agency or program, for
2561increases of salary, or for the construction or equipping of
2562additional buildings.
2563     Section 34.  Subsections (3), (6), and (11) of section
2564216.235, Florida Statutes, are amended to read:
2565     216.235  Innovation Investment Program.--
2566     (3)  For purposes of this section:
2567     (a)  "Agency" means an official, officer, commission,
2568authority, council, committee, department, division, bureau,
2569board, section, or other unit or entity of the executive branch.
2570     (b)  "Commission" means the Information Resource
2571Commission.
2572     (b)(c)  "Committee" means the State Innovation Committee.
2573     (c)(d)  "Office" means the Office of Tourism, Trade, and
2574Economic Development within the Executive Office of the
2575Governor.
2576     (d)(e)  "Review board" means a nonpartisan board composed
2577of private citizens and public employees who evaluate the
2578projects and make funding recommendations to the committee.
2579     (6)  Any agency developing an innovative investment project
2580proposal that involves information technology resources may
2581consult with and seek technical assistance from the State
2582Technology Office commission. The office shall consult with the
2583State Technology Office commission for any project proposal that
2584involves information resource technology. The State Technology
2585Office commission is responsible for evaluating these projects
2586and for advising the committee and review board of the technical
2587feasibility and any transferable benefits of the proposed
2588technology. In addition to the requirements of subsection (5),
2589the agencies shall provide to the State Technology Office
2590commission any information requested by the State Technology
2591Office commission to aid in determining that the proposed
2592technology is appropriate for the project's success.
2593     (11)  Funds appropriated for the Innovation Investment
2594Program shall be distributed by the Executive Office of the
2595Governor subject to notice, review, and objection procedures set
2596forth in s. 216.177. The office may transfer funds from the
2597annual appropriation as necessary to administer the program.
2598Proposals considered but not funded by the Legislature as part
2599of an agency legislative budget request or the Governor's budget
2600recommendation are not eligible to receive funding under the
2601Innovation Investment Program.
2602     Section 35.  Section 216.241, Florida Statutes, is amended
2603to read:
2604     216.241  Initiation or commencement of new programs;
2605approval; expenditure of certain revenues.--
2606     (1)  A state agency or the judicial branch may not initiate
2607or commence any new program, including any new federal program
2608or initiative, or make changes in its current programs, as
2609provided for in the appropriations act, that require additional
2610financing unless funds have been specifically appropriated by
2611the Legislature or unless the Legislative Budget Commission or
2612the Chief Justice of the Supreme Court expressly approves such
2613new program or changes. The commission and the Chief Justice
2614shall give notice as provided in s. 216.177 prior to approving
2615such new program or changes.
2616     (2)  No Changes that which are inconsistent with the
2617approved operating budget may not shall be made to existing
2618programs unless such changes are recommended to the Legislative
2619Budget Commission by the Governor or the Chief Justice and the
2620Legislative Budget Commission expressly approves such program
2621changes. The provisions of This subsection is are subject to the
2622notice, review, and objection procedures set forth in s.
2623216.177.
2624     (3)  Any revenues generated by any tax or fee imposed by
2625amendment to the State Constitution after October 1, 1999, shall
2626not be expended by any agency, as defined in s. 120.52(1),
2627except pursuant to appropriation by the Legislature.
2628     Section 36.  Subsection (2) of section 216.251, Florida
2629Statutes, is amended to read:
2630     216.251  Salary appropriations; limitations.--
2631     (2)(a)  The salary for each position not specifically
2632indicated in the appropriations acts shall be as provided in one
2633of the following subparagraphs:
2634     1.  Within the classification and pay plans provided for in
2635chapter 110.
2636     2.  Within the classification and pay plans established by
2637the Board of Trustees for the Florida School for the Deaf and
2638the Blind of the Department of Education and approved by the
2639State Board of Education for academic and academic
2640administrative personnel.
2641     3.  Within the classification and pay plan approved and
2642administered by the State Board of Education and the Board of
2643Governors Board of Regents for those positions in the State
2644University System.
2645     4.  Within the classification and pay plan approved by the
2646President of the Senate and the Speaker of the House of
2647Representatives, as the case may be, for employees of the
2648Legislature.
2649     5.  Within the approved classification and pay plan for the
2650judicial branch.
2651     6.  The salary of all positions not specifically included
2652in this subsection shall be set by the commission or by the
2653Chief Justice for the judicial branch.
2654     (b)  Salary payments shall be made only to employees
2655filling established positions included in the agency's or in the
2656judicial branch's approved budgets and amendments thereto as may
2657be provided by law; provided, however:
2658     1.  Reclassification of established positions may be
2659accomplished when justified in accordance with the established
2660procedures for reclassifying positions; or
2661     2.  When the Division of Risk Management of the Department
2662of Financial Services has determined that an employee is
2663entitled to receive a temporary partial disability benefit or a
2664temporary total disability benefit pursuant to the provisions of
2665s. 440.15 and there is medical certification that the employee
2666cannot perform the duties of the employee's regular position,
2667but the employee can perform some type of work beneficial to the
2668agency, the agency may return the employee to the payroll, at
2669his or her regular rate of pay, to perform such duties as the
2670employee is capable of performing, even if there is not an
2671established position in which the employee can be placed.
2672Nothing in this subparagraph shall abrogate an employee's rights
2673under chapter 440 or chapter 447, nor shall it adversely affect
2674the retirement credit of a member of the Florida Retirement
2675System in the membership class he or she was in at the time of,
2676and during, the member's disability.
2677     Section 37.  Paragraphs (a) and (c) of subsection (1) of
2678section 216.262, Florida Statutes, are amended to read:
2679     216.262  Authorized positions.--
2680     (1)(a)  Unless otherwise expressly provided by law, the
2681total number of authorized positions may not exceed the total
2682provided in the appropriations acts. In the event any state
2683agency or entity of the judicial branch finds that the number of
2684positions so provided is not sufficient to administer its
2685authorized programs, it may file an application with the
2686Executive Office of the Governor or the Chief Justice; and, if
2687the Executive Office of the Governor or Chief Justice certifies
2688that there are no authorized positions available for addition,
2689deletion, or transfer within the agency as provided in paragraph
2690(c) and recommends an increase in the number of positions, the
2691Governor or the Chief Justice may recommend, after a public
2692hearing, authorize an increase in the number of positions for
2693the following reasons only:
2694     1.  To implement or provide for continuing federal grants
2695or changes in grants not previously anticipated.;
2696     2.  To meet emergencies pursuant to s. 252.36.;
2697     3.  To satisfy new federal regulations or changes therein.;
2698     4.  To take advantage of opportunities to reduce operating
2699expenditures or to increase the revenues of the state or local
2700government.; and
2701     5.  To authorize positions that which were not fixed by the
2702Legislature through error in drafting the appropriations acts.
2703
2704Actions recommended pursuant to The provisions of this paragraph
2705are subject to approval by the Legislative Budget Commission.
2706the notice and review procedures set forth in s. 216.177. A copy
2707of the application, The certification, and the final
2708authorization shall be provided to filed with the Legislative
2709Budget Commission, the appropriations committees, and with the
2710Auditor General.
2711     (c)1.  The Executive Office of the Governor, under such
2712procedures and qualifications as it deems appropriate, shall,
2713upon agency request, delegate to any state agency authority to
2714add and delete authorized positions or transfer authorized
2715positions from one budget entity to another budget entity within
2716the same division, and may approve additions and deletions of
2717authorized positions or transfers of authorized positions within
2718the state agency when such changes would enable the agency to
2719administer more effectively its authorized and approved
2720programs. The additions or deletions must be consistent with the
2721intent of the approved operating budget, must be consistent with
2722legislative policy and intent, and must not conflict with
2723specific spending policies specified in the General
2724Appropriations Act.
2725     2.  The Chief Justice of the Supreme Court shall have the
2726authority to establish procedures for the judicial branch to add
2727and delete authorized positions or transfer authorized positions
2728from one budget entity to another budget entity, and to add and
2729delete authorized positions within the same budget entity, when
2730such changes are consistent with legislative policy and intent
2731and do not conflict with spending policies specified in the
2732General Appropriations Act.
2733     3.a.  A state agency may be eligible to retain salary
2734dollars for authorized positions eliminated after July 1, 2001.
2735The agency must certify the eliminated positions to the
2736Legislative Budgeting Commission.
2737     b.  The Legislative Budgeting Commission shall authorize
2738the agency to retain 20 percent of the salary dollars associated
2739with the eliminated positions and may authorize retention of a
2740greater percentage. All such salary dollars shall be used for
2741permanent salary increases.
2742     Section 38.  Section 216.292, Florida Statutes, is amended
2743to read:
2744     (Substantial rewording of section. See
2745     s. 216.292, F.S., for present text.)
2746     216.292  Appropriations nontransferable; exceptions.--
2747     (1)(a)  Funds provided in the General Appropriations Act or
2748as otherwise expressly provided by law shall be expended only
2749for the purpose for which appropriated, except that such moneys
2750may be transferred as provided in this section when it is
2751determined to be in the best interest of the state.
2752Appropriations for fixed capital outlay may not be expended for
2753any other purpose. Appropriations may not be transferred between
2754state agencies, or between a state agency and the judicial
2755branch, unless specifically authorized by law.
2756     (b)1.  Authorized revisions of the original approved
2757operating budget, together with related changes in the plan for
2758release of appropriations, if any, shall be transmitted by the
2759state agency or by the judicial branch to the Executive Office
2760of the Governor or the Chief Justice, respectively, the chairs
2761of the Senate and the House of Representatives appropriations
2762committees, the Office of Program Policy Analysis and Government
2763Accountability, and the Auditor General. Such authorized
2764revisions shall be consistent with the intent of the approved
2765operating budget, shall be consistent with legislative policy
2766and intent, and may not conflict with specific spending policies
2767specified in the General Appropriations Act.
2768     2.  Authorized revisions, together with related changes, if
2769any, in the plan for release of appropriations shall be
2770transmitted by the state agency or by the judicial branch to the
2771Chief Financial Officer for entry in the Chief Financial
2772Officer's records in the manner and format prescribed by the
2773Executive Office of the Governor in consultation with the Chief
2774Financial Officer.
2775     3.  The Executive Office of the Governor or the Chief
2776Justice shall forward a copy of the revisions within 7 working
2777days to the Chief Financial Officer for entry in his or her
2778records in the manner and format prescribed by the Executive
2779Office of the Governor in consultation with the Chief Financial
2780Officer.
2781     (2)  The following transfers are authorized to be made by
2782the head of each department or the Chief Justice of the Supreme
2783Court whenever it is deemed necessary by reason of changed
2784conditions:
2785     (a)  The transfer of appropriations funded from identical
2786funding sources, except appropriations for fixed capital outlay,
2787and the transfer of amounts included within the total original
2788approved budget and plans of releases of appropriations as
2789furnished pursuant to ss. 216.181 and 216.192, as follows:
2790     1.  Between categories of appropriations within a budget
2791entity, if no category of appropriation is increased or
2792decreased by more than 5 percent of the original approved budget
2793or $250,000, whichever is greater, by all action taken under
2794this subsection.
2795     2.  Between budget entities within identical categories of
2796appropriations, if no category of appropriation is increased or
2797decreased by more than 5 percent of the original approved budget
2798or $250,000, whichever is greater, by all action taken under
2799this subsection.
2800     3.  Any agency exceeding salary rate established pursuant
2801to s. 216.181(8) on June 30th of any fiscal year shall not be
2802authorized to make transfers pursuant to subparagraphs 1. and 2.
2803in the subsequent fiscal year.
2804     4.  Notice of proposed transfers under subparagraphs 1. and
28052. shall be provided to the Executive Office of the Governor and
2806the chairs of the legislative appropriations committees at least
28073 days prior to agency implementation in order to provide an
2808opportunity for review. The review shall be limited to ensuring
2809that the transfer is in compliance with the requirements of this
2810paragraph.
2811     (b)  After providing notice at least 5 working days prior
2812to implementation:
2813     1.  The transfer of funds within programs identified in the
2814General Appropriations Act from identical funding sources
2815between the following appropriation categories without
2816limitation so long as such a transfer does not result in an
2817increase, to the total recurring general revenue or trust fund
2818cost of the agency or entity of the judicial branch in the
2819subsequent fiscal year: other personal services, expenses,
2820operating capital outlay, food products, state attorney and
2821public defender operations, data processing services, operating
2822and maintenance of patrol vehicles, overtime payments, salary
2823incentive payments, compensation to retired judges, law
2824libraries, and juror and witness payments.
2825     2.  The transfer of funds and positions from identical
2826funding sources between salaries and benefits appropriation
2827categories within programs identified in the General
2828Appropriations Act. Such transfers must be consistent with
2829legislative policy and intent and may not adversely affect
2830achievement of approved performance outcomes or outputs in any
2831program.
2832     (c)  The transfer of funds appropriated to accounts
2833established for disbursement purposes upon release of such
2834appropriation upon request of a department and approval by the
2835Chief Financial Officer. Such transfer may only be made to the
2836same appropriation category and the same funding source from
2837which the funds are transferred.
2838     (d)  The transfer of funds by the Executive Office of the
2839Governor from appropriations for public school operations to a
2840fixed capital outlay appropriation for class size reduction
2841based on recommendations of the Florida Education Finance
2842Program Appropriation Allocation Conference or the Legislative
2843Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
2844Governor under this subsection are subject to the notice and
2845review provisions of s. 216.177.
2846     (3)  The following transfers are authorized with the
2847approval of the Executive Office of the Governor for the
2848executive branch or the Chief Justice for the judicial branch,
2849subject to the notice and review provisions of s. 216.177:
2850     (a)  The transfer of appropriations for operations from
2851trust funds in excess of those provided in subsection (2), up to
2852$1 million.
2853     (b)  The transfer of positions between budget entities.
2854     (4)  The following transfers are authorized with the
2855approval of the Legislative Budget Commission. Unless waived by
2856the chair and vice chair of the commission, notice of such
2857transfers must be provided 14 days before the commission
2858meeting:
2859     (a)  The transfer of appropriations for operations from the
2860General Revenue Fund in excess of those provided in this section
2861but within a state agency or within the judicial branch, as
2862recommended by the Executive Office of the Governor or the Chief
2863Justice of the Supreme Court.
2864     (b)  The transfer of appropriations for operations from
2865trust funds in excess of those provided in this section that
2866exceed the greater of 5 percent of the original approved budget
2867or $1 million, as recommended by the Executive Office of the
2868Governor or the Chief Justice of the Supreme Court.
2869     (c)  The transfer of the portion of an appropriation for a
2870named fixed capital outlay project found to be in excess of that
2871needed to complete the project to another project for which
2872there has been an appropriation in the same fiscal year from the
2873same fund and within the same department where a deficiency is
2874found to exist, at the request of the Executive Office of the
2875Governor for state agencies or the Chief Justice of the Supreme
2876Court for the judicial branch. The scope of a fixed capital
2877outlay project may not be changed by any transfer of funds made
2878pursuant to this subsection.
2879     (d)  The transfers necessary to accomplish the purposes of
2880reorganization within state agencies or the judicial branch
2881authorized by the Legislature when the necessary adjustments of
2882appropriations and positions have not been provided in the
2883General Appropriations Act.
2884     (5)  A transfer of funds may not result in the initiation
2885of a fixed capital outlay project that has not received a
2886specific legislative appropriation, except that federal funds
2887for fixed capital outlay projects for the Department of Military
2888Affairs, which do not carry a continuing commitment on future
2889appropriations by the Legislature, may be approved by the
2890Executive Office of the Governor for the purpose received,
2891subject to the notice, review, and objection procedures set
2892forth in s. 216.177.
2893     (6)  The Chief Financial Officer shall transfer from any
2894available funds of an agency or the judicial branch the
2895following amounts and shall report all such transfers and the
2896reasons therefor to the legislative appropriations committees
2897and the Executive Office of the Governor:
2898     (a)  The amount due to the Unemployment Compensation Trust
2899Fund which is more than 90 days delinquent on reimbursements due
2900to the Unemployment Compensation Trust Fund. The amount
2901transferred shall be that certified by the state agency
2902providing unemployment tax collection services under contract
2903with the Agency for Workforce Innovation through an interagency
2904agreement pursuant to s. 443.1316.
2905     (b)  The amount due to the Division of Risk Management
2906which is more than 90 days delinquent in payment to the Division
2907of Risk Management of the Department of Financial Services for
2908insurance coverage. The amount transferred shall be that
2909certified by the division.
2910     (c)  The amount due to the Communications Working Capital
2911Trust Fund from moneys appropriated in the General
2912Appropriations Act for the purpose of paying for services
2913provided by the state communications system in the Department of
2914Management Services which is unpaid 45 days after the billing
2915date. The amount transferred shall be that billed by the
2916department.
2917     Section 39.  Section 216.301, Florida Statutes, is amended
2918to read:
2919     216.301  Appropriations; undisbursed balances.--
2920     (1)(a)  Any balance of any appropriation, except an
2921appropriation for fixed capital outlay, which is not disbursed
2922but which is expended or contracted to be expended shall, at the
2923end of each fiscal year, be certified by the head of the
2924affected state agency or the judicial or legislative branches,
2925on or before August 1 of each year, to the Executive Office of
2926the Governor, showing in detail the obligees to whom obligated
2927and the amounts of such obligations. On or before September 1 of
2928each year, the Executive Office of the Governor shall review and
2929approve or disapprove, consistent with legislative policy and
2930intent, any or all of the items and amounts certified by the
2931head of the affected state agency and shall approve all items
2932and amounts certified by the Chief Justice of the Supreme Court
2933for the judicial branch and by the legislative branch and shall
2934furnish the Chief Financial Officer, the legislative
2935appropriations committees, and the Auditor General a detailed
2936listing of the items and amounts approved as legal encumbrances
2937against the undisbursed balance of such appropriation. The
2938review shall assure that trust funds have been fully maximized.
2939Any such encumbered balance remaining undisbursed on December 31
2940of the same calendar year in which such certification was made
2941shall revert to the fund from which appropriated, except as
2942provided in subsection (3), and shall be available for
2943reappropriation by the Legislature. In the event such
2944certification is not made and an obligation is proven to be
2945legal, due, and unpaid, then the obligation shall be paid and
2946charged to the appropriation for the current fiscal year of the
2947state agency or the legislative or judicial branch affected.
2948     (b)  Any balance of any appropriation, except an
2949appropriation for fixed capital outlay, for any given fiscal
2950year remaining after charging against it any lawful expenditure
2951shall revert to the fund from which appropriated and shall be
2952available for reappropriation by the Legislature.
2953     (c)  Each department and the judicial branch shall maintain
2954the integrity of the General Revenue Fund. Appropriations from
2955the General Revenue Fund contained in the original approved
2956budget may be transferred to the proper trust fund for
2957disbursement. Any reversion of appropriation balances from
2958programs which receive funding from the General Revenue Fund and
2959trust funds shall be transferred to the General Revenue Fund
2960within 15 days after such reversion, unless otherwise provided
2961by federal or state law, including the General Appropriations
2962Act. The Executive Office of the Governor or the Chief Justice
2963of the Supreme Court shall determine the state agency or
2964judicial branch programs which are subject to this paragraph.
2965This determination shall be subject to the legislative
2966consultation and objection process in this chapter. The
2967Education Enhancement Trust Fund shall not be subject to the
2968provisions of this section.
2969     (2)(a)  The balance of any appropriation for fixed capital
2970outlay which is not disbursed but expended, contracted, or
2971committed to be expended prior to February 1 of the second
2972fiscal year of the appropriation, or the third fiscal year if it
2973is for an educational facility as defined in chapter 1013 or for
2974a construction project of a state university, shall be certified
2975by the head of the affected state agency or the legislative or
2976judicial branch on February 1 to the Executive Office of the
2977Governor, showing in detail the commitment or to whom obligated
2978and the amount of the commitment or obligation. The Executive
2979Office of the Governor for the executive branch and the Chief
2980Justice for the judicial branch shall review and approve or
2981disapprove, consistent with criteria jointly developed by the
2982Executive Office of the Governor and the legislative
2983appropriations committees, the continuation of such unexpended
2984balances. The Executive Office of the Governor shall, no later
2985than February 20 of each year, furnish the Chief Financial
2986Officer, the legislative appropriations committees, and the
2987Auditor General a report listing in detail the items and amounts
2988reverting under the authority of this subsection, including the
2989fund to which reverted and the agency affected.
2990     (b)  The certification required in this subsection shall be
2991in the form and on the date approved by the Executive Office of
2992the Governor. Any balance that is not certified shall revert to
2993the fund from which it was appropriated and be available for
2994reappropriation.
2995     (c)  The balance of any appropriation for fixed capital
2996outlay certified forward under paragraph (a) which is not
2997disbursed but expended, contracted, or committed to be expended
2998prior to the end of the second fiscal year of the appropriation,
2999or the third fiscal year if it is for an educational facility as
3000defined in chapter 1013 or for a construction project of a state
3001university, and any subsequent fiscal year, shall be certified
3002by the head of the affected state agency or the legislative or
3003judicial branch on or before August 1 of each year to the
3004Executive Office of the Governor, showing in detail the
3005commitment or to whom obligated and the amount of such
3006commitment or obligation. On or before September 1 of each year,
3007the Executive Office of the Governor shall review and approve or
3008disapprove, consistent with legislative policy and intent, any
3009or all of the items and amounts certified by the head of the
3010affected state agency and shall approve all items and amounts
3011certified by the Chief Justice of the Supreme Court and by the
3012legislative branch and shall furnish the Chief Financial
3013Officer, the legislative appropriations committees, and the
3014Auditor General a detailed listing of the items and amounts
3015approved as legal encumbrances against the undisbursed balances
3016of such appropriations. If such certification is not made and
3017the balance of the appropriation has reverted and the obligation
3018is proven to be legal, due, and unpaid, the obligation shall be
3019presented to the Legislature for its consideration.
3020     (3)  The President of the Senate and the Speaker of the
3021House of Representatives may notify the Executive Office of the
3022Governor to retain certified-forward balances from legislative
3023budget entities until June 30 of the following fiscal year.
3024     (2)(a)  Any balance of any appropriation for fixed capital
3025outlay not disbursed but expended or contracted or committed to
3026be expended shall, at the end of each fiscal year, be certified
3027by the head of the affected state agency or the legislative or
3028judicial branch, on or before August 1 of each year, to the
3029Executive Office of the Governor, showing in detail the
3030commitment or to whom obligated and the amount of such
3031commitment or obligation. On or before September 1 of each year,
3032the Executive Office of the Governor shall review and approve or
3033disapprove, consistent with legislative policy and intent, any
3034or all of the items and amounts certified by the head of the
3035affected state agency and shall approve all items and amounts
3036certified by the Chief Justice of the Supreme Court and by the
3037legislative branch and shall furnish the Chief Financial
3038Officer, the legislative appropriations committees, and the
3039Auditor General a detailed listing of the items and amounts
3040approved as legal encumbrances against the undisbursed balances
3041of such appropriations. In the event such certification is not
3042made and the balance of the appropriation has reverted and the
3043obligation is proven to be legal, due, and unpaid, then the same
3044shall be presented to the Legislature for its consideration.
3045     (b)  Such certification as herein required shall be in the
3046form and on the date approved by the Executive Office of the
3047Governor. Any balance not so certified shall revert to the fund
3048from which appropriated and shall be available for
3049reappropriation.
3050     (3)  Notwithstanding the provisions of subsection (2), the
3051unexpended balance of any appropriation for fixed capital outlay
3052subject to but not under the terms of a binding contract or a
3053general construction contract prior to February 1 of the second
3054fiscal year, or the third fiscal year if it is for an
3055educational facility as defined in chapter 1013 or a
3056construction project of a state university, of the appropriation
3057shall revert on February 1 of such year to the fund from which
3058appropriated and shall be available for reappropriation. The
3059Executive Office of the Governor shall, not later than February
306020 of each year, furnish the Chief Financial Officer, the
3061legislative appropriations committees, and the Auditor General a
3062report listing in detail the items and amounts reverting under
3063the authority of this subsection, including the fund to which
3064reverted and the agency affected.
3065     Section 40.  Effective July 1, 2006, subsection (1) of
3066section 216.301, Florida Statutes, as amended by this act, is
3067amended to read:
3068     216.301  Appropriations; undisbursed balances.--
3069     (1)(a)  Any balance of any appropriation, except an
3070appropriation for fixed capital outlay, which is not disbursed
3071but which is expended or contracted to be expended shall, at the
3072end of each fiscal year, be certified by the head of the
3073affected state agency or the judicial or legislative branches,
3074on or before August 1 of each year, to the Executive Office of
3075the Governor, showing in detail the obligees to whom obligated
3076and the amounts of such obligations. On or before September 1 of
3077each year, the Executive Office of the Governor shall review and
3078approve or disapprove, consistent with legislative policy and
3079intent, any or all of the items and amounts certified by the
3080head of the affected state agency and shall approve all items
3081and amounts certified by the Chief Justice of the Supreme Court
3082for the judicial branch and by the legislative branch and shall
3083furnish the Chief Financial Officer, the legislative
3084appropriations committees, and the Auditor General a detailed
3085listing of the items and amounts approved as legal encumbrances
3086against the undisbursed balance of such appropriation. The
3087review shall assure that trust funds have been fully maximized.
3088Any such encumbered balance remaining undisbursed on September
308930 December 31 of the same calendar year in which such
3090certification was made shall revert to the fund from which
3091appropriated, except as provided in subsection (3), and shall be
3092available for reappropriation by the Legislature. In the event
3093such certification is not made and an obligation is proven to be
3094legal, due, and unpaid, then the obligation shall be paid and
3095charged to the appropriation for the current fiscal year of the
3096state agency or the legislative or judicial branch affected.
3097     (b)  Any balance of any appropriation, except an
3098appropriation for fixed capital outlay, for any given fiscal
3099year remaining after charging against it any lawful expenditure
3100shall revert to the fund from which appropriated and shall be
3101available for reappropriation by the Legislature.
3102     (c)  Each department and the judicial branch shall maintain
3103the integrity of the General Revenue Fund. Appropriations from
3104the General Revenue Fund contained in the original approved
3105budget may be transferred to the proper trust fund for
3106disbursement. Any reversion of appropriation balances from
3107programs which receive funding from the General Revenue Fund and
3108trust funds shall be transferred to the General Revenue Fund
3109within 15 days after such reversion, unless otherwise provided
3110by federal or state law, including the General Appropriations
3111Act. The Executive Office of the Governor or the Chief Justice
3112of the Supreme Court shall determine the state agency or
3113judicial branch programs which are subject to this paragraph.
3114This determination shall be subject to the legislative
3115consultation and objection process in this chapter. The
3116Education Enhancement Trust Fund shall not be subject to the
3117provisions of this section.
3118     Section 41.  Subsection (3) of section 218.60, Florida
3119Statutes, is amended to read:
3120     218.60  Definitions.--
3121     (3)  All estimates of moneys provided pursuant to this part
3122utilized by participating units of local government in the first
3123year of participation shall be equal to 95 percent of those
3124projections made by the revenue estimating conference and
3125provided to local governments by the Office of Economic and
3126Demographic Research, in consultation with the Department of
3127Revenue.
3128     Section 42.  Subsection (2) of section 252.37, Florida
3129Statutes, is amended to read:
3130     252.37  Financing.--
3131     (2)  It is the legislative intent that the first recourse
3132be made to funds regularly appropriated to state and local
3133agencies. If the Governor finds that the demands placed upon
3134these funds in coping with a particular disaster declared by the
3135Governor as a state of emergency are unreasonably great, she or
3136he may make funds available by transferring and expending moneys
3137appropriated for other purposes, by transferring and expending
3138moneys out of any unappropriated surplus funds, or from the
3139Budget Stabilization Fund or Working Capital Fund. Following the
3140expiration or termination of the state of emergency, the
3141Governor may process a budget amendment under the notice and
3142review procedures set forth in s. 216.177 to transfer moneys to
3143satisfy the budget authority granted for such emergency.
3144     Section 43.  Subsection (3) of section 265.55, Florida
3145Statutes, is amended to read:
3146     265.55  Claims.--
3147     (3)  The authorization for payment delineated in subsection
3148(2) shall be forwarded to the Chief Financial Officer. The Chief
3149Financial Officer shall take appropriate action to execute
3150authorized payment of the claim from unobligated, unappropriated
3151moneys in the General Revenue Working Capital Fund, as defined
3152in s. 215.32.
3153     Section 44.  Subsection (5) of section 288.7091, Florida
3154Statutes, is amended to read:
3155     288.7091  Duties of the Florida Black Business Investment
3156Board, Inc.--The Florida Black Business Investment Board, Inc.,
3157shall:
3158     (5)  Include in the criteria for loan decisions,
3159occupational forecasting results set forth in s. 216.136(7)(9)
3160which target high growth jobs;
3161     Section 45.  Subsection (5) of section 320.20, Florida
3162Statutes, is amended to read:
3163     320.20  Disposition of license tax moneys.--The revenue
3164derived from the registration of motor vehicles, including any
3165delinquent fees and excluding those revenues collected and
3166distributed under the provisions of s. 320.081, must be
3167distributed monthly, as collected, as follows:
3168     (5)(a)  Except as provided in paragraph (c), the remainder
3169of such revenues must be deposited in the State Transportation
3170Trust Fund.
3171     (b)  The Chief Financial Officer each month shall deposit
3172in the State Transportation Trust Fund an amount, drawn from
3173other funds in the State Treasury which are not immediately
3174needed or are otherwise in excess of the amount necessary to
3175meet the requirements of the State Treasury, which when added to
3176such remaining revenues each month will equal one-twelfth of the
3177amount of the anticipated annual revenues to be deposited in the
3178State Transportation Trust Fund under paragraph (a) as
3179determined by the Chief Financial Officer after consultation
3180with the estimated by the most recent revenue estimating
3181conference held pursuant to s. 216.136(3). The transfers
3182required hereunder may be suspended by action of the Legislative
3183Budget Commission in the event of a significant shortfall of
3184state revenues.
3185     (c)  In any month in which the remaining revenues derived
3186from the registration of motor vehicles exceed one-twelfth of
3187those anticipated annual remaining revenues as determined by the
3188Chief Financial Officer after consultation with the revenue
3189estimating conference, the excess shall be credited to those
3190state funds in the State Treasury from which the amount was
3191originally drawn, up to the amount which was deposited in the
3192State Transportation Trust Fund under paragraph (b). A final
3193adjustment must be made in the last months of a fiscal year so
3194that the total revenue deposited in the State Transportation
3195Trust Fund each year equals the amount derived from the
3196registration of motor vehicles, less the amount distributed
3197under subsection (1). For the purposes of this paragraph and
3198paragraph (b), the term "remaining revenues" means all revenues
3199deposited into the State Transportation Trust Fund under
3200paragraph (a) and subsections (2) and (3). In order that
3201interest earnings continue to accrue to the General Revenue
3202Fund, the Department of Transportation may not invest an amount
3203equal to the cumulative amount of funds deposited in the State
3204Transportation Trust Fund under paragraph (b) less funds
3205credited under this paragraph as computed on a monthly basis.
3206The amounts to be credited under this and the preceding
3207paragraph must be calculated and certified to the Chief
3208Financial Officer by the Executive Office of the Governor.
3209     Section 46.  Section 337.023, Florida Statutes, is amended
3210to read:
3211     337.023  Sale of building; acceptance of replacement
3212building.--Notwithstanding the provisions of s.
3213216.292(2)(b)2.(4)(b), if the department sells a building, the
3214department may accept the construction of a replacement
3215building, in response to a request for proposals, totally or
3216partially in lieu of cash, and may do so without a specific
3217legislative appropriation. Such action is subject to the
3218approval of the Executive Office of the Governor, and is subject
3219to the notice, review, and objection procedures under s.
3220216.177. The replacement building shall be consistent with the
3221current and projected needs of the department as agreed upon by
3222the department and the Department of Management Services.
3223     Section 47.  Paragraph (a) of subsection (2), paragraphs
3224(c) and (f) of subsection (6), and subsection (7) of section
3225339.135, Florida Statutes, are amended to read:
3226     339.135  Work program; legislative budget request;
3227definitions; preparation, adoption, execution, and amendment.--
3228     (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
3229FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--
3230     (a)  The department shall file the legislative budget
3231request in the manner required by chapter 216, setting forth the
3232department's proposed revenues and expenditures for operational
3233and fixed capital outlay needs to accomplish the objectives of
3234the department in the ensuing fiscal year. The right-of-way,
3235construction, preliminary engineering, maintenance, and all
3236grants and aids programs of the department shall be set forth
3237only in program totals. The legislative budget request must
3238include a balanced 36-month forecast of cash and expenditures
3239and a 5-year finance plan. The legislative budget request shall
3240be amended to conform to the tentative work program. Prior to
3241the submission of the tentative work program pursuant to s.
3242339.135(4)(f), the department may amend its legislative budget
3243request and the tentative work program for based on the most
3244recent estimating conference estimate of revenues and the most
3245recent federal aid apportionments.
3246     (6)  EXECUTION OF THE BUDGET.--
3247     (c)  Notwithstanding the provisions of ss. 216.301(2)(3)
3248and 216.351, any unexpended balance remaining at the end of the
3249fiscal year in the appropriations to the department for special
3250categories; aid to local governments; lump sums for project
3251phases which are part of the adopted work program, and for which
3252contracts have been executed or bids have been let; and for
3253right-of-way land acquisition and relocation assistance for
3254parcels from project phases in the adopted work program for
3255which appraisals have been completed and approved, may be
3256certified forward as fixed capital outlay at the end of each
3257fiscal year, to be certified by the head of the state agency on
3258or before August 1 of each year to the Executive Office of the
3259Governor, showing in detail the commitment or to whom obligated
3260and the amount of such commitment or obligation. On or before
3261September 1 of each year, the Executive Office of the Governor
3262shall review and approve or disapprove, consistent with
3263legislative policy and intent, any or all of the items and
3264amounts certified by the head of the state agency and shall
3265furnish the Chief Financial Officer, the legislative
3266appropriations committees, and the Auditor General a detailed
3267listing of the items and amounts approved as legal encumbrances
3268against the undisbursed balances of such appropriations. In the
3269event such certification is not made and the balance of the
3270appropriation has reverted and the obligation is proven to be
3271legal, due, and unpaid, then the same shall be presented to the
3272Legislature for its consideration. Such certification as herein
3273required shall be in the form and on the date approved by the
3274Executive Office of the Governor under the provisions of s.
3275216.301(2)(a). Any project phases in the adopted work program
3276not certified forward under the provisions of s. 216.301(2)(a)
3277shall be available for roll forward for the next fiscal year of
3278the adopted work program. Spending authority associated with
3279such project phases may be rolled forward to the next fiscal
3280year upon approval by the Legislative Budget Commission pursuant
3281to paragraph (f). Increases in spending authority shall be
3282limited to amounts of unexpended balances by appropriation
3283category. Any project phase certified forward for which bids
3284have been let but subsequently rejected shall be available for
3285roll forward in the adopted work program for the next fiscal
3286year. Spending authority associated with such project phases may
3287be rolled forward into the current year from funds certified
3288forward pursuant to paragraph (f). The amount certified forward
3289may include contingency allowances for right-of-way acquisition
3290and relocation, asphalt and petroleum product escalation
3291clauses, and contract overages, which allowances shall be
3292separately identified in the certification detail. Right-of-way
3293acquisition and relocation and contract overages contingency
3294allowances shall be based on documented historical patterns.
3295These contingency amounts shall be incorporated in the
3296certification for each specific category, but when a category
3297has an excess and another category has a deficiency, the
3298Executive Office of the Governor is authorized to transfer the
3299excess to the deficient account.
3300     (f)  Notwithstanding the provisions of ss. 216.181(1),
3301216.292, and 216.351, the Executive Office of the Governor may
3302amend that portion of the department's original approved fixed
3303capital outlay budget which comprises the work program pursuant
3304to subsection (7). Increase in spending authority in paragraph
3305(c) shall be limited to amounts of unexpended balances by
3306appropriation category.
3307     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
3308     (a)  Notwithstanding the provisions of ss. 216.181(1),
3309216.292, and 216.351, the adopted work program may be amended
3310only pursuant to the provisions of this subsection.
3311     (b)  The department may not transfer any funds for any
3312project or project phase between department districts. However,
3313a district secretary may agree to a loan of funds to another
3314district, if:
3315     1.  The funds are used solely to maximize the use or amount
3316of funds available to the state;
3317     2.  The loan agreement is executed in writing and is signed
3318by the district secretaries of the respective districts;
3319     3.  Repayment of the loan is to be made within 3 years
3320after the date on which the agreement was entered into; and
3321     4.  The adopted work program of the district loaning the
3322funds would not be substantially impaired if the loan were made,
3323according to the district secretary.
3324
3325The loan constitutes an amendment to the adopted work program
3326and is subject to the procedures specified in paragraph (b) (c).
3327     (c)  The department may amend the adopted work program to
3328transfer fixed capital outlay appropriations for projects within
3329the same appropriations category or between appropriations
3330categories, including department, except that the following
3331amendments which shall be subject to the procedures in paragraph
3332(d):
3333     1.  Any amendment which deletes any project or project
3334phase;
3335     2.  Any amendment which adds a project estimated to cost
3336over $150,000 in funds appropriated by the Legislature;
3337     3.  Any amendment which advances or defers to another
3338fiscal year, a right-of-way phase, a construction phase, or a
3339public transportation project phase estimated to cost over
3340$500,000 in funds appropriated by the Legislature, except an
3341amendment advancing or deferring a phase for a period of 90 days
3342or less; or
3343     4.  Any amendment which advances or defers to another
3344fiscal year, any preliminary engineering phase or design phase
3345estimated to cost over $150,000 in funds appropriated by the
3346Legislature, except an amendment advancing or deferring a phase
3347for a period of 90 days or less.
3348     (d)1.  Whenever the department proposes any amendment to
3349the adopted work program, which amendment is defined in
3350subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
3351subparagraph (c)4., it shall submit the proposed amendment to
3352the Governor for approval and shall immediately notify the
3353chairs of the legislative appropriations committees, the chairs
3354of the legislative transportation committees, each member of the
3355Legislature who represents a district affected by the proposed
3356amendment, each metropolitan planning organization affected by
3357the proposed amendment, and each unit of local government
3358affected by the proposed amendment. Such proposed amendment
3359shall provide a complete justification of the need for the
3360proposed amendment.
3361     2.  The Governor shall not approve a proposed amendment
3362until 14 days following the notification required in
3363subparagraph 1.
3364     3.  If either of the chairs of the legislative
3365appropriations committees or the President of the Senate or the
3366Speaker of the House of Representatives objects in writing to a
3367proposed amendment within 14 days following notification and
3368specifies the reasons for such objection, the Governor shall
3369disapprove the proposed amendment or shall submit the proposed
3370amendment to the Administration Commission. The proposed
3371amendment may be approved by the Administration Commission by a
3372two-thirds vote of the members present with the Governor voting
3373in the affirmative. In the absence of approval by the
3374commission, the proposed amendment shall be automatically
3375disapproved.
3376     (e)  Notwithstanding the requirements in paragraphs
3377paragraph (d) and (g) and ss. 216.177(2) and 216.351, the
3378secretary may request the Executive Office of the Governor to
3379amend the adopted work program when an emergency exists, as
3380defined in s. 252.34(3), and the emergency relates to the repair
3381or rehabilitation of any state transportation facility. The
3382Executive Office of the Governor may approve the amendment to
3383the adopted work program and amend that portion of the
3384department's approved budget in the event that the delay
3385incident to the notification requirements in paragraph (d) would
3386be detrimental to the interests of the state. However, the
3387department shall immediately notify the parties specified in
3388paragraph (d) and shall provide such parties written
3389justification for the emergency action within 7 days of the
3390approval by the Executive Office of the Governor of the
3391amendment to the adopted work program and the department's
3392budget. In no event may the adopted work program be amended
3393under the provisions of this subsection without the
3394certification by the comptroller of the department that there
3395are sufficient funds available pursuant to the 36-month cash
3396forecast and applicable statutes.
3397     (f)  The department may authorize the investment of the
3398earnings accrued and collected upon the investment of the
3399minimum balance of funds required to be maintained in the State
3400Transportation Trust Fund pursuant to paragraph (b). Such
3401investment shall be limited as provided in s. 288.9607(7).
3402     (g)  Any work program amendment which also requires the
3403transfer of fixed capital outlay appropriations between
3404categories within the department or the increase of an
3405appropriation category is subject to the approval of the
3406Legislative Budget Commission. If a meeting of the Legislative
3407Budget Commission cannot be held within 30 days of the
3408department submitting an amendment to the Legislative Budget
3409Commission, then the chair and vice chair of the Legislative
3410Budget Commission may authorize such amendment to be approved
3411pursuant to the provisions of s. 216.177.
3412     Section 48.  Subsection (2) of section 373.6065, Florida
3413Statutes, is amended to read:
3414     373.6065  Adoption benefits for water management district
3415employees.--
3416     (2)  The Chief Financial Officer and the Department of
3417Management Services shall transfer funds to water management
3418districts to pay eligible water management district employees
3419for these child adoption monetary benefits in accordance with s.
3420215.32(2)(c)5.(1)(c)5., as long as funds remain available for
3421the program described under s. 110.152.
3422     Section 49.  Subsection (3) of section 381.0303, Florida
3423Statutes, is amended to read:
3424     381.0303  Health practitioner recruitment for special needs
3425shelters.--
3426     (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The
3427Department of Health shall reimburse, subject to the
3428availability of funds for this purpose, health care
3429practitioners, as defined in s. 456.001, provided the
3430practitioner is not providing care to a patient under an
3431existing contract, and emergency medical technicians and
3432paramedics licensed pursuant to chapter 401 for medical care
3433provided at the request of the department in special needs
3434shelters or at other locations during times of emergency or
3435major disaster. Reimbursement for health care practitioners,
3436except for physicians licensed pursuant to chapter 458 or
3437chapter 459, shall be based on the average hourly rate that such
3438practitioners were paid according to the most recent survey of
3439Florida hospitals conducted by the Florida Hospital Association.
3440Reimbursement shall be requested on forms prepared by the
3441Department of Health. If a Presidential Disaster Declaration has
3442been made, and the Federal Government makes funds available, the
3443department shall use such funds for reimbursement of eligible
3444expenditures. In other situations, or if federal funds do not
3445fully compensate the department for reimbursement made pursuant
3446to this section, the department shall process submit to the
3447Cabinet or Legislature, as appropriate, a budget amendment to
3448obtain reimbursement from unobligated, unappropriated moneys in
3449the General Revenue working capital Fund. Travel expense and per
3450diem costs shall be reimbursed pursuant to s. 112.061.
3451     Section 50.  Subsection (3) of section 392.69, Florida
3452Statutes, is amended to read:
3453     392.69  Appropriation, sinking, and maintenance trust
3454funds; additional powers of the department.--
3455     (3)  In the execution of its public health program
3456functions, notwithstanding s. 216.292(2)(b)2.(4)(b), the
3457department is hereby authorized to use any sums of money which
3458it may heretofore have saved or which it may hereafter save from
3459its regular operating appropriation, or use any sums of money
3460acquired by gift or grant, or any sums of money it may acquire
3461by the issuance of revenue certificates of the hospital to match
3462or supplement any state or federal funds, or any moneys received
3463by said department by gift or otherwise, for the construction or
3464maintenance of additional facilities or improvement to existing
3465facilities, as the department deems necessary.
3466     Section 51.  Subsection (5) of section 409.906, Florida
3467Statutes, is amended to read:
3468     409.906  Optional Medicaid services.--Subject to specific
3469appropriations, the agency may make payments for services which
3470are optional to the state under Title XIX of the Social Security
3471Act and are furnished by Medicaid providers to recipients who
3472are determined to be eligible on the dates on which the services
3473were provided. Any optional service that is provided shall be
3474provided only when medically necessary and in accordance with
3475state and federal law. Optional services rendered by providers
3476in mobile units to Medicaid recipients may be restricted or
3477prohibited by the agency. Nothing in this section shall be
3478construed to prevent or limit the agency from adjusting fees,
3479reimbursement rates, lengths of stay, number of visits, or
3480number of services, or making any other adjustments necessary to
3481comply with the availability of moneys and any limitations or
3482directions provided for in the General Appropriations Act or
3483chapter 216. If necessary to safeguard the state's systems of
3484providing services to elderly and disabled persons and subject
3485to the notice and review provisions of s. 216.177, the Governor
3486may direct the Agency for Health Care Administration to amend
3487the Medicaid state plan to delete the optional Medicaid service
3488known as "Intermediate Care Facilities for the Developmentally
3489Disabled." Optional services may include:
3490     (5)  CASE MANAGEMENT SERVICES.--The agency may pay for
3491primary care case management services rendered to a recipient
3492pursuant to a federally approved waiver, and targeted case
3493management services for specific groups of targeted recipients,
3494for which funding has been provided and which are rendered
3495pursuant to federal guidelines. The agency is authorized to
3496limit reimbursement for targeted case management services in
3497order to comply with any limitations or directions provided for
3498in the General Appropriations Act. Notwithstanding s. 216.292,
3499the Department of Children and Family Services may transfer
3500general funds to the Agency for Health Care Administration to
3501fund state match requirements exceeding the amount specified in
3502the General Appropriations Act for targeted case management
3503services.
3504     Section 52.  Subsection (11) of section 409.912, Florida
3505Statutes, is amended to read:
3506     409.912  Cost-effective purchasing of health care.--The
3507agency shall purchase goods and services for Medicaid recipients
3508in the most cost-effective manner consistent with the delivery
3509of quality medical care. To ensure that medical services are
3510effectively utilized, the agency may, in any case, require a
3511confirmation or second physician's opinion of the correct
3512diagnosis for purposes of authorizing future services under the
3513Medicaid program. This section does not restrict access to
3514emergency services or poststabilization care services as defined
3515in 42 C.F.R. part 438.114. Such confirmation or second opinion
3516shall be rendered in a manner approved by the agency. The agency
3517shall maximize the use of prepaid per capita and prepaid
3518aggregate fixed-sum basis services when appropriate and other
3519alternative service delivery and reimbursement methodologies,
3520including competitive bidding pursuant to s. 287.057, designed
3521to facilitate the cost-effective purchase of a case-managed
3522continuum of care. The agency shall also require providers to
3523minimize the exposure of recipients to the need for acute
3524inpatient, custodial, and other institutional care and the
3525inappropriate or unnecessary use of high-cost services. The
3526agency may mandate prior authorization, drug therapy management,
3527or disease management participation for certain populations of
3528Medicaid beneficiaries, certain drug classes, or particular
3529drugs to prevent fraud, abuse, overuse, and possible dangerous
3530drug interactions. The Pharmaceutical and Therapeutics Committee
3531shall make recommendations to the agency on drugs for which
3532prior authorization is required. The agency shall inform the
3533Pharmaceutical and Therapeutics Committee of its decisions
3534regarding drugs subject to prior authorization. The agency is
3535authorized to limit the entities it contracts with or enrolls as
3536Medicaid providers by developing a provider network through
3537provider credentialing. The agency may limit its network based
3538on the assessment of beneficiary access to care, provider
3539availability, provider quality standards, time and distance
3540standards for access to care, the cultural competence of the
3541provider network, demographic characteristics of Medicaid
3542beneficiaries, practice and provider-to-beneficiary standards,
3543appointment wait times, beneficiary use of services, provider
3544turnover, provider profiling, provider licensure history,
3545previous program integrity investigations and findings, peer
3546review, provider Medicaid policy and billing compliance records,
3547clinical and medical record audits, and other factors. Providers
3548shall not be entitled to enrollment in the Medicaid provider
3549network. The agency is authorized to seek federal waivers
3550necessary to implement this policy.
3551     (11)  The agency, after notifying the Legislature, may
3552apply for waivers of applicable federal laws and regulations as
3553necessary to implement more appropriate systems of health care
3554for Medicaid recipients and reduce the cost of the Medicaid
3555program to the state and federal governments and shall implement
3556such programs, after legislative approval, within a reasonable
3557period of time after federal approval. These programs must be
3558designed primarily to reduce the need for inpatient care,
3559custodial care and other long-term or institutional care, and
3560other high-cost services.
3561     (a)  Prior to seeking legislative approval of such a waiver
3562as authorized by this subsection, the agency shall provide
3563notice and an opportunity for public comment. Notice shall be
3564provided to all persons who have made requests of the agency for
3565advance notice and shall be published in the Florida
3566Administrative Weekly not less than 28 days prior to the
3567intended action.
3568     (b)  Notwithstanding s. 216.292, funds that are
3569appropriated to the Department of Elderly Affairs for the
3570Assisted Living for the Elderly Medicaid waiver and are not
3571expended shall be transferred to the agency to fund Medicaid-
3572reimbursed nursing home care.
3573     Section 53.  Section 409.16745, Florida Statutes, is
3574amended to read:
3575     409.16745  Community partnership matching grant
3576program.--It is the intent of the Legislature to improve
3577services and local participation in community-based care
3578initiatives by fostering community support and providing
3579enhanced prevention and in-home services, thereby reducing the
3580risk otherwise faced by lead agencies. There is established a
3581community partnership matching grant program to be operated by
3582the Department of Children and Family Services for the purpose
3583of encouraging local participation in community-based care for
3584child welfare. Any children's services council or other local
3585government entity that makes a financial commitment to a
3586community-based care lead agency is eligible for a grant upon
3587proof that the children's services council or local government
3588entity has provided the selected lead agency at least $250,000
3589from any local resources otherwise available to it. The total
3590amount of local contribution may be matched on a two-for-one
3591basis up to a maximum amount of $2 million per council or local
3592government entity. Awarded matching grant funds may be used for
3593any prevention or in-home services provided by the children's
3594services council or other local government entity that meets
3595temporary-assistance-for-needy-families' eligibility
3596requirements and can be reasonably expected to reduce the number
3597of children entering the child welfare system. To ensure
3598necessary flexibility for the development, start up, and ongoing
3599operation of community-based care initiatives, the notice period
3600required for any budget action authorized by the provisions of
3601s. 20.19(5)(b), is waived for the family safety program;
3602however, the Department of Children and Family Services must
3603provide copies of all such actions to the Executive Office of
3604the Governor and Legislature within 72 hours of their
3605occurrence. Funding available for the matching grant program is
3606subject to legislative appropriation of nonrecurring funds
3607provided for the purpose.
3608     Section 54.  Subsection (2) of section 468.392, Florida
3609Statutes, is amended to read:
3610     468.392  Auctioneer Recovery Fund.--There is created the
3611Auctioneer Recovery Fund as a separate account in the
3612Professional Regulation Trust Fund. The fund shall be
3613administered by the Florida Board of Auctioneers.
3614     (2)  All payments and disbursements from the Auctioneer
3615Recovery Fund shall be made by the Chief Financial Officer upon
3616a voucher signed by the Secretary of Business and Professional
3617Regulation or the secretary's designee. Amounts transferred to
3618the Auctioneer Recovery Fund shall not be subject to any
3619limitation imposed by an appropriation act of the Legislature.
3620     Section 55.  Subsection (6) of section 475.484, Florida
3621Statutes, is amended to read:
3622     475.484  Payment from the fund.--
3623     (6)  All payments and disbursements from the Real Estate
3624Recovery Fund shall be made by the Chief Financial Officer upon
3625a voucher signed by the secretary of the department. Amounts
3626transferred to the Real Estate Recovery Fund shall not be
3627subject to any limitation imposed by an appropriation act of the
3628Legislature.
3629     Section 56.  Paragraph (b) of subsection (7) of section
3630631.141, Florida Statutes, is amended to read:
3631     631.141  Conduct of delinquency proceeding; domestic and
3632alien insurers.--
3633     (7)
3634     (b)  In the event that initiation of delinquency
3635proceedings does not result in appointment of the department as
3636receiver, or in the event that the funds or assets of an insurer
3637for which the department is appointed as receiver are
3638insufficient to cover the cost of compensation to special
3639agents, counsel, clerks, or assistants and all expenses of
3640taking, or attempting to take, possession of the insurer, and of
3641conducting the proceeding, there is appropriated, upon approval
3642of the Chief Financial Officer and of the Legislative Budget
3643Commission pursuant to chapter 216, from the Insurance
3644Regulation Trust Fund to the Division of Rehabilitation and
3645Liquidation a sum that is sufficient to cover the unreimbursed
3646costs.
3647     Section 57.  Paragraph (b) of subsection (9) of section
3648921.001, Florida Statutes, is amended to read:
3649     921.001  Sentencing Commission and sentencing guidelines
3650generally.--
3651     (9)
3652     (b)  On or after January 1, 1994, any legislation which:
3653     1.  Creates a felony offense;
3654     2.  Enhances a misdemeanor offense to a felony offense;
3655     3.  Moves a felony offense from a lesser offense severity
3656level to a higher offense severity level in the offense severity
3657ranking chart in s. 921.0012; or
3658     4.  Reclassifies an existing felony offense to a greater
3659felony classification
3660
3661must provide that such a change result in a net zero sum impact
3662in the overall prison population, as determined by the
3663Legislature, considering the most recent estimates of the
3664Criminal Justice Estimating Conference, unless the legislation
3665contains a funding source sufficient in its base or rate to
3666accommodate such change or a provision which specifically
3667abrogates the application of this paragraph.
3668     Section 58.  Subsection (3) of section 943.61, Florida
3669Statutes, is amended to read:
3670     943.61  Powers and duties of the Capitol Police.--
3671     (3)  Notwithstanding the provisions of chapter 216, no
3672assets, personnel, or resources shall be taken from the Capitol
3673Police, and no appropriation to the Capitol Police shall be
3674reduced without the express approval of the Governor and the
3675Legislative Budget Commission. Nothing herein limits the ability
3676of the Capitol Police to provide mutual aid to other law
3677enforcement agencies as authorized by law unless such a
3678limitation is expressly included in the operational security
3679plans provided for herein.
3680     Section 59.  Paragraph (a) of subsection (4) of section
36811003.03, Florida Statutes, is amended to read:
3682     1003.03  Maximum class size.--
3683     (4)  ACCOUNTABILITY.--
3684     (a)  Beginning in the 2003-2004 fiscal year, if the
3685department determines for any year that a school district has
3686not reduced average class size as required in subsection (2) at
3687the time of the third FEFP calculation, the department shall
3688calculate an amount from the class size reduction operating
3689categorical which is proportionate to the amount of class size
3690reduction not accomplished. Upon verification of the
3691department's calculation by the Florida Education Finance
3692Program Appropriation Allocation Conference, the Executive
3693Office of the Governor shall transfer undistributed funds
3694equivalent to the calculated amount from the district's class
3695size reduction operating categorical to an approved fixed
3696capital outlay appropriation for class size reduction in the
3697affected district pursuant to s. 216.292(2)(d)(13). The amount
3698of funds transferred shall be the lesser of the amount verified
3699by the Florida Education Finance Program Appropriation
3700Allocation Conference or the undistributed balance of the
3701district's class size reduction operating categorical. However,
3702based upon a recommendation by the Commissioner of Education
3703that the State Board of Education has reviewed evidence
3704indicating that a district has been unable to meet class size
3705reduction requirements despite appropriate effort to do so, the
3706Legislative Budget Commission may approve an alternative amount
3707of funds to be transferred from the district's class size
3708reduction operating categorical to its approved fixed capital
3709outlay account for class size reduction.
3710     Section 60.  Paragraph (a) of subsection (1) of section
37111009.536, Florida Statutes, is amended to read:
3712     1009.536  Florida Gold Seal Vocational Scholars award.--The
3713Florida Gold Seal Vocational Scholars award is created within
3714the Florida Bright Futures Scholarship Program to recognize and
3715reward academic achievement and career preparation by high
3716school students who wish to continue their education.
3717     (1)  A student is eligible for a Florida Gold Seal
3718Vocational Scholars award if the student meets the general
3719eligibility requirements for the Florida Bright Futures
3720Scholarship Program and the student:
3721     (a)  Completes the secondary school portion of a sequential
3722program of studies that requires at least three secondary school
3723career credits taken over at least 2 academic years, and is
3724continued in a planned, related postsecondary education program.
3725If the student's school does not offer such a two-plus-two or
3726tech-prep program, the student must complete a job-preparatory
3727career education program selected by the Workforce Estimating
3728Conference or Workforce Florida, Inc., for its ability to
3729provide high-wage employment in an occupation with high
3730potential for employment opportunities. On-the-job training may
3731not be substituted for any of the three required career credits.
3732     Section 61.  Subsection (2) of section 1013.512, Florida
3733Statutes, is amended to read:
3734     1013.512  Land Acquisition and Facilities Advisory Board.--
3735     (2)  If the director of the Office of Program Policy
3736Analysis and Government Accountability (OPPAGA) or the Auditor
3737General determines in a review or examination that significant
3738deficiencies exist in a school district's land acquisition and
3739facilities operational processes, he or she shall certify to the
3740President of the Senate, the Speaker of the House of
3741Representatives, the Legislative Budget Commission, and the
3742Governor that the deficiency exists. Upon recommendation by the
3743Governor, the Legislative Budget Commission shall approve or
3744disapprove the placement of determine whether funds for the
3745school district funds will be placed in reserve until the
3746deficiencies are corrected.
3747     Section 62.  Any undisbursed appropriations made from the
3748Working Capital Fund, previously created in s. 215.32, Florida
3749Statutes, are reappropriated from unallocated moneys in the
3750General Revenue Fund; any appropriations made to the Working
3751Capital Fund are reappropriated to the General Revenue Fund; and
3752any references to the Working Capital Fund in SB 2600 or SB
37532602, or similar legislation, shall be replaced with "the
3754General Revenue Fund." It is the intent of the Legislature that
3755the provisions of this section control in the event SB 2600 or
3756SB 2602, or other similar legislation, are enacted subsequently
3757during the 2005 Regular Session. This section expires July 1,
37582006.
3759     Section 63.  Sections 216.1825, 216.183, and 288.1234,
3760Florida Statutes, are repealed.
3761     Section 64.  Except as otherwise provided herein, this act
3762shall take effect July 1, 2005.


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