January 18, 2021
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       Florida Senate - 2010                                    SB 1572
       
       
       
       By Senator Rich
       
       
       
       
       34-01398-10                                           20101572__
    1                        A bill to be entitled                      
    2         An act relating to state budgeting and planning;
    3         amending s. 216.262, F.S.; providing that the
    4         limitation on the total number of authorized positions
    5         within a state agency or an entity of the judicial
    6         branch does not apply to certain positions within the
    7         Department of Health; deleting the exception for
    8         requesting additional positions within the Department
    9         of Corrections in excess of the number of positions
   10         authorized for the 2009-2010 fiscal year; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 216.262, Florida Statutes, is amended to
   16  read:
   17         216.262 Authorized positions.—
   18         (1)(a) Unless otherwise expressly provided by law, the
   19  total number of authorized positions may not exceed the total
   20  provided in the appropriations acts. If In the event any state
   21  agency or entity of the judicial branch finds that the number of
   22  positions so provided is not sufficient to administer its
   23  authorized programs, it may file an application with the
   24  Executive Office of the Governor or the Chief Justice; and, if
   25  the Executive Office of the Governor or Chief Justice certifies
   26  that there are no authorized positions available for addition,
   27  deletion, or transfer within the agency as provided in paragraph
   28  (c) and recommends an increase in the number of positions, the
   29  Governor or the Chief Justice may recommend an increase in the
   30  number of positions for the following reasons only:
   31         1. To implement or provide for continuing federal grants or
   32  changes in grants not previously anticipated.
   33         2. To meet emergencies pursuant to s. 252.36.
   34         3. To satisfy new federal regulations or changes therein.
   35         4. To take advantage of opportunities to reduce operating
   36  expenditures or to increase the revenues of the state or local
   37  government.
   38         5. To authorize positions that were not fixed by the
   39  Legislature through error in drafting the appropriations acts.
   40  
   41  Actions recommended pursuant to this paragraph are subject to
   42  approval by the Legislative Budget Commission. The certification
   43  and the final authorization shall be provided to the Legislative
   44  Budget Commission, the appropriations committees, and the
   45  Auditor General.
   46         (b) The Governor and the Chief Justice may, after a public
   47  hearing, delete supervisory or managerial positions within a
   48  department and establish direct service delivery positions in
   49  excess of the number of supervisory or managerial positions
   50  deleted. The salary rate for all positions authorized under this
   51  paragraph may not exceed the salary rate for all positions
   52  deleted under this paragraph. Positions affected by changes made
   53  under this paragraph may be funded only from identical funding
   54  sources.
   55         (c)1. The Executive Office of the Governor, under such
   56  procedures and qualifications as it deems appropriate, shall,
   57  upon agency request, delegate to any state agency authority to
   58  add and delete authorized positions or transfer authorized
   59  positions from one budget entity to another budget entity within
   60  the same division, and may approve additions and deletions of
   61  authorized positions or transfers of authorized positions within
   62  the state agency when such changes would enable the agency to
   63  administer more effectively its authorized and approved
   64  programs. The additions or deletions must be consistent with the
   65  intent of the approved operating budget, must be consistent with
   66  legislative policy and intent, and must not conflict with
   67  specific spending policies specified in the General
   68  Appropriations Act.
   69         2. The Chief Justice of the Supreme Court may shall have
   70  the authority to establish procedures for the judicial branch to
   71  add and delete authorized positions or transfer authorized
   72  positions from one budget entity to another budget entity, and
   73  to add and delete authorized positions within the same budget
   74  entity, when such changes are consistent with legislative policy
   75  and intent and do not conflict with spending policies specified
   76  in the General Appropriations Act.
   77         (d) An individual employed by a state agency or by the
   78  judicial branch may not hold more than one employment during his
   79  or her normal working hours with the state, such working hours
   80  to be determined by the head of the state agency affected,
   81  unless approved by the Department of Management Services, or
   82  otherwise delegated to the agency head, or by the Chief Justice
   83  of the Supreme Court, respectively.
   84         (e) An individual employed by a state agency or by the
   85  judicial branch may not fill more than a total of one full-time
   86  equivalent established position, receive compensation
   87  simultaneously from any appropriation other than appropriations
   88  for salaries, or receive compensation simultaneously from more
   89  than one state agency unless approved by the Department of
   90  Management Services, or otherwise delegated to the agency head,
   91  or by the Chief Justice, respectively, during each fiscal year.
   92  The Department of Management Services may adopt uniform rules
   93  applicable to the executive branch agencies to implement its
   94  responsibilities under this paragraph.
   95         (f) Perquisites may not be furnished by a state agency or
   96  by the judicial branch unless approved by the Department of
   97  Management Services, or otherwise delegated to the agency head,
   98  or by the Chief Justice, respectively, during each fiscal year.
   99  Whenever a state agency or the judicial branch is to furnish
  100  perquisites, the Department of Management Services or the agency
  101  head to which the approval has been delegated or the Chief
  102  Justice, respectively, must approve the kind and monetary value
  103  of such perquisites before they may be furnished. Perquisites
  104  may be furnished only when in the best interest of the state due
  105  to the exceptional or unique requirements of the position. The
  106  value of a perquisite may not be used to compute an employee’s
  107  base rate of pay or regular rate of pay unless required by the
  108  Fair Labor Standards Act. Permissible perquisites include, but
  109  are not limited to, moving expenses, clothing, use of vehicles
  110  and other transportation, domestic services, groundskeeping
  111  services, telephone services, medical services, housing,
  112  utilities, and meals. The Department of Management Services may
  113  adopt uniform rules applicable to the executive branch agencies
  114  to implement its responsibilities under this paragraph, which
  115  rules may specify additional perquisites, establish additional
  116  criteria for each kind of perquisite, provide the procedure to
  117  be used by executive agencies in applying for approvals, and
  118  establish the required justification. As used in this section,
  119  the term “perquisites” means those things, or the use thereof,
  120  or services of a kind that confer on the officers or employees
  121  receiving them some benefit that is in the nature of additional
  122  compensation, or that reduce to some extent the normal personal
  123  expenses of the officer or employee receiving them. The term
  124  includes, but is not limited to, such things as quarters,
  125  subsistence, utilities, laundry services, medical service, use
  126  of state-owned vehicles for other than state purposes, and
  127  servants paid by the state.
  128         (g) If goods and services are to be sold to officers and
  129  employees of a state agency or of the judicial branch rather
  130  than being furnished as perquisites, the kind and selling price
  131  thereof shall be approved by the Department of Management
  132  Services, unless otherwise delegated to the agency head, or by
  133  the Chief Justice, respectively, during each fiscal year before
  134  such sales are made. The selling price may be deducted from any
  135  amounts due by the state to any person receiving such things.
  136  The amount of cash so deducted shall be faithfully accounted
  137  for. This paragraph does not apply to sales to officers or
  138  employees of items generally sold to the public and does not
  139  apply to meals that which may be provided without charge to
  140  volunteers under a volunteer service program approved by the
  141  Department of Management Services. The goods and services may
  142  include, but are not limited to, medical services, long-term and
  143  short-term rental housing, and laundry and transportation
  144  services. The Department of Management Services may adopt
  145  uniform rules applicable to the executive branch agencies to
  146  implement its responsibilities under this paragraph. These,
  147  which rules may specify other items that may be approved, the
  148  required justification for proposed sales, and the manner in
  149  which agencies will apply for approvals.
  150         (2) The provisions of paragraphs (1)(d) and (e) do not
  151  apply to an individual filling a position the salary of which
  152  has been specifically fixed or limited by law. Unless
  153  specifically authorized by law, an individual filling or
  154  performing the duties of a position the salary of which has been
  155  specifically fixed or limited by law may not receive
  156  compensation from more than one appropriation, or in excess of
  157  the amount so fixed or limited by law, regardless of any
  158  additional duties performed by that individual in any capacity
  159  or position. However, this subsection does not prohibit
  160  additional compensation from an educational appropriation to any
  161  person holding a position the salary of which is specifically
  162  fixed or limited by law, provided such compensation does not
  163  exceed payment for more than one course of instruction during
  164  any one academic term and that such compensation is approved as
  165  provided in paragraphs (1)(d) and (e). Any compensation received
  166  by any person pursuant to the provisions of this subsection
  167  shall not be computed as a part of average final compensation
  168  for retirement purposes under the provisions of chapter 121.
  169         (3) A No full-time position may not shall be filled by more
  170  than the equivalent of one full-time officer or employee, except
  171  when extenuating circumstances exist. Extenuating circumstances
  172  will be provided for in rules to be adopted by the Department of
  173  Management Services or by the Chief Justice, respectively.
  174         (4) The requirement provided in subsection (1) regarding
  175  the limit on the total number of authorized positions does not
  176  apply to positions within the Department of Health which are
  177  funded by the County Health Department Trust Fund.
  178  Notwithstanding the provisions of this chapter on increasing the
  179  number of authorized positions, and for the 2009-2010 fiscal
  180  year only, if the actual inmate population of the Department of
  181  Corrections exceeds the inmate population projections of the
  182  April 30, 2009, Criminal Justice Estimating Conference by 1
  183  percent for 2 consecutive months or 2 percent for any month, the
  184  Executive Office of the Governor, with the approval of the
  185  Legislative Budget Commission, shall immediately notify the
  186  Criminal Justice Estimating Conference, which shall convene as
  187  soon as possible to revise the estimates. The Department of
  188  Corrections may then submit a budget amendment requesting the
  189  establishment of positions in excess of the number authorized by
  190  the Legislature and additional appropriations from unallocated
  191  general revenue sufficient to provide for essential staff, fixed
  192  capital improvements, and other resources to provide
  193  classification, security, food services, health services, and
  194  other variable expenses within the institutions to accommodate
  195  the estimated increase in the inmate population. All actions
  196  taken pursuant to the authority granted in this subsection shall
  197  be subject to review and approval by the Legislative Budget
  198  Commission. This subsection expires July 1, 2010.
  199         Section 2. This act shall take effect July 1, 2010.

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