January 28, 2021
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Senate Bill 2146

Senate Bill sb2146

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    Florida Senate - 2005                                  SB 2146

    By Senator Atwater





    25-1036C-05

  1                      A bill to be entitled

  2         An act relating to state planning and

  3         budgeting; amending s. 11.90, F.S.; revising

  4         the membership of the Legislative Budget

  5         Commission; providing for the appointment of

  6         presiding officers; revising requirements for

  7         meetings and a quorum; revising requirements

  8         for appointing the staff of the commission;

  9         requiring the commission to review budget

10         amendments proposed by the Governor or Chief

11         Justice; authorizing the commission to perform

12         other duties prescribed by the Legislature;

13         creating s. 11.91, F.S.; creating the

14         Government Efficiency Task Force for the

15         purpose of recommending improvements to

16         governmental operations and reducing costs;

17         providing for the Governor, the President of

18         the Senate, and the Speaker of the House of

19         Representatives to appoint its members;

20         requiring that the task force meet at 4-year

21         intervals beginning on a specified date;

22         authorizing the task force to conduct meeting

23         through teleconferences; providing for members

24         to be reimbursed for per diem and travel

25         expenses; requiring the task force to complete

26         its work within 1 year and report to the

27         Legislative Budget Commission, the Governor,

28         and the Chief Justice of the Supreme Court;

29         amending s. 29.0095, F.S.; requiring the

30         legislative appropriations committees to

31         prescribe the format of budget expenditure

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1         reports; amending s. 110.1245, F.S., relating

 2         to the savings sharing program; correcting a

 3         reference; amending s. 216.011, F.S.;

 4         redefining the term "consultation" and defining

 5         the term "long-range financial outlook" for

 6         purposes of state fiscal affairs; creating s.

 7         216.012, F.S.; providing requirements for the

 8         long-range financial outlook prepared by the

 9         commission; requiring state agencies to provide

10         certain information; specifying timeframes for

11         state agencies and the commission in developing

12         and completing the long-range financial

13         outlook; amending s. 216.023, F.S.; clarifying

14         certain requirements for legislative budget

15         instructions; amending s. 216.065, F.S.;

16         requiring fiscal impact statements to be

17         provided to the Legislative Budget Commission

18         in addition to the legislative appropriations

19         committees; requiring that such statements

20         contain information concerning subsequent

21         fiscal years; amending s. 216.162, F.S.;

22         revising the date for the Governor's

23         recommended budget to be furnished to the

24         Legislature; authorizing the presiding officers

25         of the Legislature to approve submission of the

26         Governor's recommended budget at a later date

27         than otherwise required; amending s. 216.262,

28         F.S., relating to the transfer of positions;

29         correcting a reference; providing a contingent

30         effective date.

31  

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Section 11.90, Florida Statutes, is amended

 4  to read:

 5         11.90  Legislative Budget Commission.--

 6         (1)  There is created the Legislative Budget

 7  Commission, which is the joint Legislative Budget Commission

 8  created in s. 19, Art. III of the State Constitution, composed

 9  of seven members of the Senate appointed by the President of

10  the Senate and seven members of the House of Representatives

11  appointed by the Speaker of the House of Representatives. Each

12  member shall serve at the pleasure of the officer who

13  appointed the member. A vacancy on the commission shall be

14  filled in the same manner as the original appointment. From

15  November of each odd-numbered year through October of each

16  even-numbered year, the chairperson of the commission shall be

17  appointed by the President of the Senate and the vice

18  chairperson of the commission shall be appointed by the

19  Speaker of the House of Representatives. From November of each

20  even-numbered year through October of each odd-numbered year,

21  the chairperson of the commission shall be appointed the

22  Speaker of the House of Representatives and the vice

23  chairperson of the commission shall be appointed by the

24  President of the Senate. There is created a standing joint

25  committee of the Legislature designated the Legislative Budget

26  Commission, composed of 14 members as follows:  seven members

27  of the Senate appointed by the President of the Senate, to

28  include the chair of the Senate Budget Committee or its

29  successor, and seven members of the House of Representatives

30  appointed by the Speaker of the House of Representatives, to

31  include the chair of the Fiscal Responsibility Council or its

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  successor. The terms of members shall be for 2 years and shall

 2  run from the organization of one Legislature to the

 3  organization of the next Legislature. Vacancies occurring

 4  during the interim period shall be filled in the same manner

 5  as the original appointment.  During even-numbered years, the

 6  chair of the commission shall be the chair of the Senate

 7  Budget Committee or its successor, and the vice chair of the

 8  commission shall be the chair of the House Fiscal

 9  Responsibility Council or its successor.  During odd-numbered

10  years, the chair of the commission shall be the chair of the

11  House Fiscal Responsibility Council or its successor, and the

12  vice chair of the commission shall be the chair of the Senate

13  Budget Committee or its successor.

14         (2)  The Legislative Budget Commission shall be

15  governed by joint rules of the Senate and the House of

16  Representatives which shall remain in effect until repealed or

17  amended by concurrent resolution.

18         (3)  The commission shall convene at the call of the

19  President of the Senate and the Speaker of the House of

20  Representatives at least quarterly. A majority of the

21  commission members of each house plus one additional member

22  from either house constitutes a quorum. The commission shall

23  meet at least quarterly. A quorum shall consist of a majority

24  of members from each house, plus one additional member from

25  either house. Action by the commission requires a majority

26  vote of the members present of each house.

27         (4)  The commission may conduct its meetings through

28  teleconferences or other similar means.

29         (5)  The commission shall be staffed by legislative

30  staff members, as assigned by the President of the Senate and

31  the Speaker of the House of Representatives. The commission

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  will be jointly staffed by the appropriations committees of

 2  the House of Representatives and the Senate. During

 3  even-numbered years, the Senate will serve as lead staff, and

 4  during odd-numbered years, the House of Representatives will

 5  serve as lead staff.

 6         (6)  The commission shall have the power and duty to:

 7         (a)  Review and approve or disapprove budget amendments

 8  proposed by the Governor or the Chief Justice of the Supreme

 9  Court as provided in chapter 216. Annually review the amount

10  of state debt outstanding and submit to the President of the

11  Senate and the Speaker of the House of Representatives an

12  estimate of the maximum amount of additional state

13  tax-supported debt that prudently may be authorized during the

14  current fiscal year.  The estimate shall be advisory and shall

15  in no way bind the Legislature.

16         (b)  Develop the long-range financial outlook described

17  in s. 19, Art. III of the State Constitution Promptly after

18  receiving the report required by s. 215.98(2)(c), the

19  commission shall submit to the President of the Senate and the

20  Speaker of the House of Representatives the commission's

21  estimate of tax-supported debt which prudently may be

22  authorized for the next fiscal year, together with a report

23  explaining the basis for the estimate.

24  

25  In addition to the powers and duties specified in this

26  section, the commission shall exercise all other powers and

27  perform any other duties prescribed by the Legislature.

28         (7)  The commission shall review information resources

29  management needs identified in agency long-range program plans

30  for consistency with the State Annual Report on Enterprise

31  Resource Planning and Management and statewide policies

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  adopted by the State Technology Office.  The commission shall

 2  also review proposed budget amendments associated with

 3  information technology that involve more than one agency, that

 4  have an outcome that impacts another agency, or that exceed

 5  $500,000 in total cost over a 1-year period.

 6         Section 2.  Section 11.91, Florida Statutes, is created

 7  to read:

 8         11.91  Government Efficiency Task Force.--

 9         (1)  There is created the Government Efficiency Task

10  Force. The task force shall convene no later than January of

11  2007, and each fourth year thereafter. The task force shall be

12  composed of 13 members. Five members shall be appointed by the

13  President of the Senate, five members shall be appointed by

14  the Speaker of the House of Representatives, and three members

15  shall be appointed by the Governor. Members of the task force

16  may include representatives from the private sector, as

17  designated by the President of the Senate, the Speaker of the

18  House of Representatives, and the Governor. Each member shall

19  serve at the pleasure of the offficer who appointed the

20  member. A vacancy on the task force shall be filled in the

21  same manner as the original appointment. The terms of the

22  members shall be for 1 year.

23         (2)  The task force shall elect a chair from among its

24  members.

25         (3)  The task force shall meet as necessary, but at

26  least quarterly, at the call of the chair and at the time and

27  place designated by him or her. The task force may conduct its

28  meetings through teleconferences or other similar means.

29         (4)  Members of the task force are entitled to receive

30  reimbursement for per diem and travel expenses pursuant to s.

31  112.061.

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    Florida Senate - 2005                                  SB 2146
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 1         (5)  The task force shall develop recommendations for

 2  improving governmental operations and reducing costs. Staff to

 3  assist the task force in performing its duties shall be

 4  assigned by the President of the Senate and the Speaker of the

 5  House of Representatives.

 6         (6)  The task force shall complete its works within 1

 7  year and submit its recommendations to the chair and vice

 8  chair of the Legislative Budget Commission, the Governor, and

 9  the Chief Justice of the Supreme Court. The task force may

10  submit all or part of its recommendations at any time during

11  the year, but a final report summarizing its recommendations

12  must be submitted at the completion of its work.

13         Section 3.  Subsection (4) of section 29.0095, Florida

14  Statutes, is amended to read:

15         29.0095  Budget expenditure reports.--

16         (4)  The appropriations committees of the Senate and

17  the House of Representatives Legislative Budget Commission

18  shall prescribe the format of the report required by this

19  section in consultation with the Chief Justice and the Justice

20  Administrative Commission.

21         Section 4.  Paragraph (b) of subsection (1) of section

22  110.1245, Florida Statutes, is amended to read:

23         110.1245  Savings sharing program; bonus payments;

24  other awards.--

25         (1)

26         (b)  Each agency head shall recommend employees

27  individually or by group to be awarded an amount of money,

28  which amount shall be directly related to the cost savings

29  realized. Each proposed award and amount of money must be

30  approved by the Legislative Budget Budgeting Commission.

31  

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1         Section 5.  Paragraph (h) of subsection (1) of section

 2  216.011, Florida Statutes, is amended, and paragraph (rr) is

 3  added to that subsection, to read:

 4         216.011  Definitions.--

 5         (1)  For the purpose of fiscal affairs of the state,

 6  appropriations acts, legislative budgets, and approved

 7  budgets, each of the following terms has the meaning

 8  indicated:

 9         (h)  "Consultation" means communication on fiscal

10  matters between the Governor and the Legislature to deliberate

11  and seek advice in an open and forthright manner with the full

12  committee, a subcommittee thereof, the chair, or the staff as

13  deemed appropriate by the chair of the respective

14  appropriations committee.

15         (rr)  "Long-range financial outlook" means a 3-year

16  plan, developed by the commission and updated annually using

17  official information, including, but not limited to,

18  projections developed by the consensus estimating conferences,

19  which projects state revenues and expenditures and provides

20  the framework and context for legislative budget requests

21  prepared by state agencies.

22         Section 6.  Section 216.012, Florida Statutes, is

23  created to read:

24         216.012  Long-range financial outlook.--

25         (1)  The commission shall develop a long-range 3-year

26  financial outlook and shall update that plan each year.

27         (2)  Each state agency shall provide information to the

28  commission, based on the commission's direction, which

29  supports the commission's development and updates of the

30  long-range financial outlook.

31  

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1         (a)  By July 1 of each year, the commission shall

 2  provide the fiscal strategies of the long-range financial

 3  outlook to the state agencies.

 4         (b)  By July 31 of each year, state agencies shall

 5  provide estimates of the funding that would be necessary to

 6  implement the fiscal strategies.

 7         (c)  By August 15 of each year, the commission shall:

 8         1.  Accept the estimates provided by an agency;

 9         2.  Modify the estimates provided by an agency; or

10         3.  Direct an agency to modify its estimates,

11  consistent with directions specified by the commission.

12         (d)  By August 31 of each year, an agency directed to

13  modify its estimate shall provide new estimates to the

14  commission.

15         (e)  By September 15 of each year, the commission shall

16  complete the long-range financial outlook.

17         Section 7.  Subsections (1) and (13) of section

18  216.023, Florida Statutes, are amended, and paragraph (c) is

19  added to subsection (4) of that section, to read:

20         216.023  Legislative budget requests to be furnished to

21  Legislature by agencies.--

22         (1)  The head of each state agency, except as provided

23  in subsection (2), shall submit a final legislative budget

24  request to the Legislature and to the Governor, as chief

25  budget officer of the state, in the form and manner prescribed

26  in the budget instructions and at such time as specified by

27  the Executive Office of the Governor, based on the agency's

28  independent judgment of its needs. However, a no state agency

29  may not shall submit its complete legislative budget request,

30  including all supporting forms and schedules required by this

31  chapter, later than October September 15 of any each year,

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  unless an alternative date is agreed to be in the best

 2  interests of the state by the President of the Senate, the

 3  Speaker of the House of Representatives, and the Governor.

 4         (4)

 5         (c)  The legislative budget request submitted by each

 6  agency must reflect the long-range financial outlook adopted

 7  by the joint Legislative Budget Commission, either by basing

 8  specific requests on the long-range financial outlook or by

 9  explaining how any specific request varies from the long-range

10  financial outlook.

11         (13)  In order to ensure an integrated state planning

12  and budgeting process, the agency long-range plan should be

13  reviewed by the Legislature. The legislative budget request

14  instructions must provide for consistency between the agency's

15  long-range plan and the agency's legislative budget request.

16         Section 8.  Section 216.065, Florida Statutes, is

17  amended to read:

18         216.065  Fiscal impact statements on actions affecting

19  the budget.--In addition to the applicable requirements of

20  chapter 120, before the Governor, or Governor and Cabinet as a

21  body, performing any constitutional or statutory duty, or

22  before any state agency or statutorily authorized entity takes

23  take any final action that will affect revenues, directly

24  require a request for an increased or new appropriation in the

25  following 3 fiscal years, year or that will transfer current

26  year funds, it they shall first provide the joint Legislative

27  Budget Commission and the legislative appropriations

28  committees with a fiscal impact statement that details the

29  effects of such action on the budget. The fiscal impact

30  statement must specify the estimated budget and revenue

31  impacts for the current year and the 2 subsequent fiscal years

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  at the same level of detail required to support a legislative

 2  budget request, including amounts by appropriation category

 3  and fund.

 4         Section 9.  Subsection (1) of section 216.162, Florida

 5  Statutes, is amended to read:

 6         216.162  Governor's recommended budget to be furnished

 7  Legislature; copies to members.--

 8         (1)  At least 30 45 days before the scheduled annual

 9  legislative session or such later date as is approved in

10  writing by the President of the Senate and the Speaker of the

11  House of Representatives, the Governor shall furnish each

12  senator and representative a copy of his or her recommended

13  balanced budget for the state, based on the Governor's own

14  conclusions and judgment; provided, however, that in his or

15  her first year in office a new Governor may request, subject

16  to approval of the President of the Senate and the Speaker of

17  the House of Representatives, that his or her recommended

18  balanced budget be submitted at a later time prior to the

19  Governor's first regular legislative session.

20         Section 10.  Paragraph (c) of subsection (1) of section

21  216.262, Florida Statutes, is amended to read:

22         216.262  Authorized positions.--

23         (1)

24         (c)1.  The Executive Office of the Governor, under such

25  procedures and qualifications as it deems appropriate, shall,

26  upon agency request, delegate to any state agency authority to

27  add and delete authorized positions or transfer authorized

28  positions from one budget entity to another budget entity

29  within the same division, and may approve additions and

30  deletions of authorized positions or transfers of authorized

31  positions within the state agency when such changes would

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1  enable the agency to administer more effectively its

 2  authorized and approved programs.  The additions or deletions

 3  must be consistent with the intent of the approved operating

 4  budget, must be consistent with legislative policy and intent,

 5  and must not conflict with specific spending policies

 6  specified in the General Appropriations Act.

 7         2.  The Chief Justice of the Supreme Court shall have

 8  the authority to establish procedures for the judicial branch

 9  to add and delete authorized positions or transfer authorized

10  positions from one budget entity to another budget entity, and

11  to add and delete authorized positions within the same budget

12  entity, when such changes are consistent with legislative

13  policy and intent and do not conflict with spending policies

14  specified in the General Appropriations Act.

15         3.a.  A state agency may be eligible to retain salary

16  dollars for authorized positions eliminated after July 1,

17  2001. The agency must certify the eliminated positions to the

18  Legislative Budget Budgeting Commission.

19         b.  The Legislative Budget Budgeting Commission shall

20  authorize the agency to retain 20 percent of the salary

21  dollars associated with the eliminated positions and may

22  authorize retention of a greater percentage. All such salary

23  dollars shall be used for permanent salary increases.

24         Section 11.  This act shall take effect upon the

25  effective date of the amendment to the State Constitution

26  contained in Senate Joint Resolution No. ____, or a similar

27  constitutional amendment, relating to the state budgeting,

28  planning, and appropriations processes.

29  

30  

31  

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    Florida Senate - 2005                                  SB 2146
    25-1036C-05




 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises various provisions governing the state's planning
      and budget process for purposes of implementing an
 4    amendment to the State Constitution. Revises the
      membership and duties of the Legislative Budget
 5    Commission. Creates the Government Efficiency Task Force,
      a 13-member task force appointed by the Governor, the
 6    President of the Senate, and the Speaker of the House of
      Representatives, which meets every 4 years to develop
 7    recommendations for improving governmental operations and
      reducing costs. Provides requirements for developing and
 8    updating a long-range 3-year state financial outlook.
      Prescribes the timeframes within which state agencies and
 9    the commission are required to develop and complete the
      long-range financial outlook. (See bill for details.)
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