January 26, 2021
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Senate Bill 2146

Senate Bill sb2146er

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    2005 Legislature                                CS for SB 2146



  1                                 

  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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    2005 Legislature                                CS for SB 2146



 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. 216.178,

28         F.S.; extending the deadline for production of

29         the final budget; amending s. 216.262, F.S.,

30         relating to the transfer of positions;

31  


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    2005 Legislature                                CS for SB 2146



 1         correcting a reference; providing a contingent

 2         effective date.

 3  

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

 5  

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

 7  to read:

 8         11.90  Legislative Budget Commission.--

 9         (1)  There is created the Legislative Budget

10  Commission, which is the joint Legislative Budget Commission

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

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

13  the Senate and seven members of the House of Representatives

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

15  member shall serve at the pleasure of the officer who

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

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

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

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

20  appointed by the President of the Senate and the vice

21  chairperson of the commission shall be appointed by the

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

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

24  the chairperson of the commission shall be appointed the

25  Speaker of the House of Representatives and the vice

26  chairperson of the commission shall be appointed by the

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

28  committee of the Legislature designated the Legislative Budget

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

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

31  include the chair of the Senate Budget Committee or its


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 1  successor, and seven members of the House of Representatives

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

 3  include the chair of the Fiscal Responsibility Council or its

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

 5  run from the organization of one Legislature to the

 6  organization of the next Legislature. Vacancies occurring

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

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

 9  chair of the commission shall be the chair of the Senate

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

11  commission shall be the chair of the House Fiscal

12  Responsibility Council or its successor.  During odd-numbered

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

14  House Fiscal Responsibility Council or its successor, and the

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

16  Budget Committee or its successor.

17         (2)  The Legislative Budget Commission shall be

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

19  Representatives which shall remain in effect until repealed or

20  amended by concurrent resolution.

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

22  President of the Senate and the Speaker of the House of

23  Representatives at least quarterly. A majority of the

24  commission members of each house plus one additional member

25  from either house constitutes a quorum. The commission shall

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

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

28  either house. Action by the commission requires a majority

29  vote of the members present of each house.

30         (4)  The commission may conduct its meetings through

31  teleconferences or other similar means.


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    2005 Legislature                                CS for SB 2146



 1         (5)  The commission shall be staffed by legislative

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

 3  the Speaker of the House of Representatives. The commission

 4  will be jointly staffed by the appropriations committees of

 5  the House of Representatives and the Senate. During

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

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

 8  serve as lead staff.

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

10         (a)  Review and approve or disapprove budget amendments

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

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

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

14  Senate and the Speaker of the House of Representatives an

15  estimate of the maximum amount of additional state

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

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

18  in no way bind the Legislature.

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

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

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

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

23  Speaker of the House of Representatives the commission's

24  estimate of tax-supported debt which prudently may be

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

26  explaining the basis for the estimate.

27  

28  In addition to the powers and duties specified in this

29  section, the commission shall exercise all other powers and

30  perform any other duties prescribed by the Legislature.

31  


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 1         (7)  The commission shall review information resources

 2  management needs identified in agency long-range program plans

 3  for consistency with the State Annual Report on Enterprise

 4  Resource Planning and Management and statewide policies

 5  adopted by the State Technology Office.  The commission shall

 6  also review proposed budget amendments associated with

 7  information technology that involve more than one agency, that

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

 9  $500,000 in total cost over a 1-year period.

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

11  to read:

12         11.91  Government Efficiency Task Force.--

13         (1)  There is created the Government Efficiency Task

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

15  2007, and each fourth year thereafter. The task force shall be

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

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

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

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

20  may include representatives from the private sector, as

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

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

23  serve at the pleasure of the offficer who appointed the

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

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

26  members shall be for 1 year.

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

28  members.

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

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

31  


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

 2  meetings through teleconferences or other similar means.

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

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

 5  112.061.

 6         (5)  The task force shall develop recommendations for

 7  improving governmental operations and reducing costs. Staff to

 8  assist the task force in performing its duties shall be

 9  assigned by the President of the Senate, the Speaker of the

10  House of Representatives, and the Governor.

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

12  year and submit its recommendations to the chair and vice

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

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

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

16  the year, but a final report summarizing its recommendations

17  must be submitted at the completion of its work.

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

19  Statutes, is amended to read:

20         29.0095  Budget expenditure reports.--

21         (4)  The appropriations committees of the Senate and

22  the House of Representatives Legislative Budget Commission

23  shall prescribe the format of the report required by this

24  section in consultation with the Chief Justice and the Justice

25  Administrative Commission.

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

27  110.1245, Florida Statutes, is amended to read:

28         110.1245  Savings sharing program; bonus payments;

29  other awards.--

30         (1)

31  


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    2005 Legislature                                CS for SB 2146



 1         (b)  Each agency head shall recommend employees

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

 3  which amount shall be directly related to the cost savings

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

 5  approved by the Legislative Budget Budgeting Commission.

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

 7  216.011, Florida Statutes, is amended, and paragraph (rr) is

 8  added to that subsection, to read:

 9         216.011  Definitions.--

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

11  appropriations acts, legislative budgets, and approved

12  budgets, each of the following terms has the meaning

13  indicated:

14         (h)  "Consultation" means communication on fiscal

15  matters between the Governor and the Legislature to deliberate

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

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

18  deemed appropriate by the chair of the respective

19  appropriations committee.

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

21  plan, developed by the commission and updated annually using

22  official information, including, but not limited to,

23  projections developed by the consensus estimating conferences,

24  which projects state revenues and expenditures and provides

25  the framework and context for legislative budget requests

26  prepared by state agencies.

27         Section 6.  Section 216.012, Florida Statutes, is

28  created to read:

29         216.012  Long-range financial outlook.--

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

31  financial outlook and shall update that plan each year.


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

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

 3  supports the commission's development and updates of the

 4  long-range financial outlook.

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

 6  provide the fiscal strategies of the long-range financial

 7  outlook to the state agencies.

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

 9  provide estimates of the funding that would be necessary to

10  implement the fiscal strategies.

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

12         1.  Accept the estimates provided by an agency;

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

14         3.  Direct an agency to modify its estimates,

15  consistent with directions specified by the commission.

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

17  modify its estimate shall provide new estimates to the

18  commission.

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

20  complete the long-range financial outlook.

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

22  216.023, Florida Statutes, are amended, and paragraph (c) is

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

24         216.023  Legislative budget requests to be furnished to

25  Legislature by agencies.--

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

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

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

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

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

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


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    2005 Legislature                                CS for SB 2146



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

 2  may not shall submit its complete legislative budget request,

 3  including all supporting forms and schedules required by this

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

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

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

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

 8         (4)

 9         (c)  The legislative budget request submitted by each

10  agency must reflect the long-range financial outlook adopted

11  by the joint Legislative Budget Commission, either by basing

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

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

14  financial outlook.

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

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

17  reviewed by the Legislature. The legislative budget request

18  instructions must provide for consistency between the agency's

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

20         Section 8.  Section 216.065, Florida Statutes, is

21  amended to read:

22         216.065  Fiscal impact statements on actions affecting

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

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

25  body, performing any constitutional or statutory duty, or

26  before any state agency or statutorily authorized entity takes

27  take any final action that will affect revenues, directly

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

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

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

31  Budget Commission and the legislative appropriations


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 1  committees with a fiscal impact statement that details the

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

 3  statement must specify the estimated budget and revenue

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

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

 6  budget request, including amounts by appropriation category

 7  and fund.

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

 9  Statutes, is amended to read:

10         216.162  Governor's recommended budget to be furnished

11  Legislature; copies to members.--

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

13  legislative session, or at a later date if requested by the

14  Governor and approved in writing by the President of the

15  Senate and the Speaker of the House of Representatives, the

16  Governor shall furnish each senator and representative a copy

17  of his or her recommended balanced budget for the state, based

18  on the Governor's own conclusions and judgment; provided,

19  however, that in his or her first year in office a new

20  Governor may request, subject to approval of the President of

21  the Senate and the Speaker of the House of Representatives,

22  that his or her recommended balanced budget be submitted at a

23  later time prior to the Governor's first regular legislative

24  session.

25         Section 10.  Subsection (2) of section 216.178, Florida

26  Statutes, is amended to read:

27         216.178  General Appropriations Act; format;

28  procedure.--

29         (2)  The Office of Planning and Budgeting shall develop

30  a final budget report that reflects the net appropriations for

31  each budget item.  The report shall reflect actual


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 1  expenditures for each of the 2 preceding fiscal years and the

 2  estimated expenditures for the current fiscal year.  In

 3  addition, the report must contain the actual revenues and cash

 4  balances for the preceding 2 fiscal years and the estimated

 5  revenues and cash balances for the current fiscal year.  The

 6  report may also contain expenditure data, program objectives,

 7  and program measures for each state agency program. The report

 8  must be produced by the 120th day of October 15 each fiscal

 9  year.  A copy of the report must be made available to each

10  member of the Legislature, to the head of each state agency,

11  to the Auditor General, to the director of the Office of

12  Program Policy Analysis and Government Accountability, and to

13  the public.

14         Section 11.  Paragraph (c) of subsection (1) of section

15  216.262, Florida Statutes, is amended to read:

16         216.262  Authorized positions.--

17         (1)

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

19  procedures and qualifications as it deems appropriate, shall,

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

21  add and delete authorized positions or transfer authorized

22  positions from one budget entity to another budget entity

23  within the same division, and may approve additions and

24  deletions of authorized positions or transfers of authorized

25  positions within the state agency when such changes would

26  enable the agency to administer more effectively its

27  authorized and approved programs.  The additions or deletions

28  must be consistent with the intent of the approved operating

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

30  and must not conflict with specific spending policies

31  specified in the General Appropriations Act.


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

 2  the authority to establish procedures for the judicial branch

 3  to add and delete authorized positions or transfer authorized

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

 5  to add and delete authorized positions within the same budget

 6  entity, when such changes are consistent with legislative

 7  policy and intent and do not conflict with spending policies

 8  specified in the General Appropriations Act.

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

10  dollars for authorized positions eliminated after July 1,

11  2001. The agency must certify the eliminated positions to the

12  Legislative Budget Budgeting Commission.

13         b.  The Legislative Budget Budgeting Commission shall

14  authorize the agency to retain 20 percent of the salary

15  dollars associated with the eliminated positions and may

16  authorize retention of a greater percentage. All such salary

17  dollars shall be used for permanent salary increases.

18         Section 12.  This act shall take effect upon the

19  effective date of the amendment to the State Constitution

20  contained in Senate Joint Resolution No. 2144, or a similar

21  constitutional amendment, relating to the state budgeting,

22  planning, and appropriations processes.

23  

24  

25  

26  

27  

28  

29  

30  

31  


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