November 29, 2020
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Senate Bill 2610

Senate Bill sb2610c1

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    Florida Senate - 2005                           CS for SB 2610

    By the Committee on Ways and Means; and Senator Carlton





    576-1872-05

  1                      A bill to be entitled

  2         An act relating to the management of state

  3         financial matters; amending s. 14.2015, F.S.;

  4         requiring the Office of Tourism, Trade, and

  5         Economic Development and the Florida Commission

  6         on Tourism to advise and consult with the

  7         Consensus Estimating Conference principals

  8         concerning certain duties; amending s. 20.316,

  9         F.S., relating to the Department of Juvenile

10         Justice information systems; correcting a

11         reference; amending s. 45.062, F.S.; requiring

12         that certain legislative officers and the

13         Attorney General receive prior notice

14         concerning settlement negotiations and

15         presettlement agreements or orders; specifying

16         that such notice is a condition precedent to an

17         agency's authority to enter into such an

18         agreement; providing certain exceptions;

19         requiring that moneys paid in settlement of a

20         legal action be placed unobligated into the

21         General Revenue Fund or an appropriate trust

22         fund; prohibiting payment outside the State

23         Treasury except in settlement of a personal

24         injury claim; requiring that certain

25         legislative officers and the Attorney General

26         receive prior notice concerning certain

27         settlements involving a state agency or

28         officer; correcting a reference; amending s.

29         110.1239, F.S.; correcting a cross-reference;

30         amending s. 110.1245, F.S., relating to a

31         savings sharing program; correcting a

                                  1

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         reference; amending s. 215.32, F.S.; providing

 2         for unallocated general revenue; revising a

 3         provision relating to the restoration of

 4         expenditures from the Budget Stabilization

 5         Fund; eliminating the Working Capital Fund as a

 6         fund type; amending s. 215.5601, F.S., relating

 7         to the Lawton Chiles Endowment Fund; revising

 8         provisions governing appropriations to the

 9         fund; amending ss. 215.93 and 215.94, F.S.,

10         relating to the Florida Financial Management

11         Information System; revising duties of the

12         Financial Management Information Board and the

13         functional owners of the information

14         subsystems; requiring the Auditor General to

15         provide technical advice; amending s. 215.97,

16         F.S., relating to the Florida Single Audit Act;

17         revising and providing definitions; revising

18         the uniform state audit requirements for state

19         financial assistance that is provided by state

20         agencies to nonstate entities; requiring the

21         Department of Financial Services to adopt rules

22         and perform additional duties with respect to

23         the provision of financial assistance to carry

24         out state projects; specifying duties of

25         coordinating agencies; exempting nonstate

26         entities that act only as a conduit of state

27         financial assistance from the requirements of

28         the Florida Single Audit Act; amending s.

29         216.011, F.S.; revising definitions applicable

30         to the fiscal affairs of the state; defining

31         the terms "mandatory reserve," "budget

                                  2

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         reserve," "activity," and "statutorily

 2         authorized entity"; amending s. 216.013, F.S.;

 3         revising requirements for the long-range

 4         program plans developed by state agencies;

 5         providing for submitting such plans on an

 6         alternate date under certain circumstances;

 7         revising the date for making adjustments;

 8         amending s. 216.023, F.S., relating to

 9         legislative budget requests; providing

10         alternate dates for submitting such requests

11         under certain circumstances; providing

12         requirements for a request to outsource or

13         privatize agency functions; deleting certain

14         requirements for performance-based program

15         budget requests; amending s. 216.031, F.S.;

16         revising requirements for target budget

17         requests; repealing s. 216.052(2), (3), (8),

18         and (9), F.S., relating to community budget

19         requests and a revolving loan program;

20         repealing s. 216.053(5), F.S., relating to

21         summary information concerning

22         performance-based program budgets; amending s.

23         216.065, F.S.; requiring that a fiscal impact

24         statement provided to the legislative

25         appropriations committees contain information

26         concerning subsequent fiscal years; amending s.

27         216.081, F.S.; providing data requirements for

28         the Governor's recommended budget under certain

29         circumstances; amending s. 216.133, F.S.;

30         deleting references to conform; amending s.

31         216.134, F.S.; stipulating that consensus

                                  3

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         estimating conferences are within the

 2         legislative branch; revising provisions

 3         relating to public meetings of consensus

 4         estimating conferences; amending s. 216.136,

 5         F.S.; deleting provisions for the Child Welfare

 6         System Estimating Conference and the Juvenile

 7         Justice Estimating Conference; amending s.

 8         216.162, F.S.; revising the date for the

 9         Governor to submit the recommended budget for

10         the state; amending s. 216.167, F.S.; deleting

11         references to the Working Capital Fund to

12         conform to changes made by the act; amending s.

13         216.168, F.S.; deleting provisions exempting

14         the Governor from a requirement to submit

15         amended recommendations; amending s. 216.177,

16         F.S.; revising requirements for notifying the

17         Legislature of actions taken under ch. 216,

18         F.S., and funds expended in settlement of

19         agency litigation; amending s. 216.181, F.S.;

20         requiring approval of certain amendments to an

21         approved operating budget by the Legislative

22         Budget Commission; clarifying provisions with

23         respect to the notice required for the transfer

24         of lump-sum appropriations; revising

25         requirements for determining salary rates;

26         authorizing the Legislative Budget Commission

27         to approve salary rates; deleting certain

28         notice requirements; authorizing certain

29         refunds, payments, and transfers pursuant to

30         budget authority within the executive branch

31         and the judicial branch; requiring notice to

                                  4

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         the chairs of the legislative committees

 2         responsible for developing the general

 3         appropriations acts; repealing ss. 216.1825 and

 4         216.183, F.S., relating to the use of

 5         zero-based budgeting principles and

 6         performance-based program budgets; amending s.

 7         216.192, F.S.; requiring an agency to submit an

 8         operational work plan for approval before funds

 9         or positions are released or transferred or

10         spending authority is increased for information

11         technology projects; providing requirements for

12         the work plan; requiring that the agency submit

13         project-status reports; requiring that the

14         frequency of work plans and status reports be

15         specified in the General Appropriations Act;

16         deleting provisions authorizing the legislative

17         appropriations committees to provide advice

18         regarding the release of funds; authorizing the

19         Executive Office of the Governor and the Chief

20         Justice to place appropriations in mandatory

21         reserve or budget reserve; amending s. 216.195,

22         F.S.; deleting certain notice and review

23         requirements for the impoundment of funds;

24         amending s. 216.221, F.S.; authorizing the

25         Legislature to direct the use of any state

26         funds in an appropriations act; revising

27         requirements for adjusting budgets in order to

28         avoid or eliminate a deficit; revising

29         procedures for certifying a budget deficit;

30         revising requirements for the Governor and the

31         Chief Justice in developing plans of action;

                                  5

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         requiring that the Legislative Budget

 2         Commission implement certain reductions in

 3         appropriations; revising requirements for

 4         resolving deficits; requiring that certain

 5         actions to resolve a deficit be approved by the

 6         Legislative Budget Commission; amending s.

 7         216.231, F.S., relating to the release of

 8         classified appropriations; conforming

 9         provisions to changes made by the act; amending

10         s. 216.235, F.S., relating to the Innovation

11         Investment Program; correcting references;

12         limiting the funding of certain proposals under

13         the program; amending s. 216.241, F.S.;

14         requiring that the initiation or commencement

15         of new programs be approved by the Legislative

16         Budget Commission; deleting certain notice

17         requirements; limiting certain other actions

18         and budget adjustments by a state agency or the

19         judicial branch without the approval of the

20         Legislature or the Legislative Budget

21         Commission; amending s. 216.251, F.S.;

22         correcting a reference; revising requirements

23         for establishing certain salaries; amending s.

24         216.262, F.S.; requiring the Legislative Budget

25         Commission to approve certain increases in the

26         number of positions; deleting provisions

27         authorizing an agency to retain salary dollars

28         under certain circumstances; amending s.

29         216.292, F.S.; revising provisions limiting the

30         transferability of appropriations; prohibiting

31         spending fixed capital outlay for other

                                  6

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         purposes; prohibiting transferring

 2         appropriations except as otherwise provided by

 3         law; providing certain exceptions; amending s.

 4         216.301, F.S.; revising requirements for

 5         continuing unexpended balances of

 6         appropriations for fixed capital outlay;

 7         requiring approval by the Executive Office of

 8         the Governor; authorizing the President of the

 9         Senate and the Speaker of the House of

10         Representatives to provide for the retention of

11         certain balances from legislative budget

12         entities; repealing s. 218.60(3), F.S.,

13         relating to estimates made by the revenue

14         estimating conference and provided to local

15         governments; amending ss. 252.37 and 265.55,

16         F.S.; deleting certain references to the

17         Working Capital Fund to conform to changes made

18         by the act; repealing s. 288.1234, F.S.,

19         relating to the Olympic Games Guaranty Account

20         within the Economic Development Trust Fund;

21         amending s. 288.7091, F.S.; correcting a

22         cross-reference; amending s. 320.20, F.S.;

23         providing duties of the Chief Financial Officer

24         with respect to the deposit of certain trust

25         fund moneys based on anticipated annual

26         revenues; amending s. 339.135, F.S.; requiring

27         that the Legislative Budget Commission approve

28         certain extensions of spending authority;

29         revising requirements for amending certain work

30         programs; amending s. 381.0303, F.S.;

31         authorizing the Department of Health to obtain

                                  7

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         reimbursement for special needs shelters from

 2         unappropriated moneys in the General Revenue

 3         Fund; amending s. 409.906, F.S.; deleting

 4         provisions authorizing the Department of

 5         Children and Family Services to transfer

 6         certain funds in excess of the amount specified

 7         in the General Appropriations Act; repealing s.

 8         409.912(11)(b), F.S., relating to the transfer

 9         of certain funds from the Department of Elderly

10         Affairs to the Agency for Health Care

11         Administration; amending ss. 468.392 and

12         475.484, F.S.; deleting provisions exempting

13         funds in the Auctioneer Recovery Fund and the

14         Real Estate Recovery Fund from limitations

15         imposed by an appropriation act; amending s.

16         631.141, F.S.; clarifying provisions requiring

17         the Legislative Budget Commission to approve

18         certain appropriations; amending s. 921.001,

19         F.S.; requiring the Legislature to make certain

20         determinations with respect to legislation that

21         affects the prison population; amending s.

22         943.61, F.S., relating to appropriations to the

23         Capitol Police; deleting provisions requiring

24         approval by the Governor and the Legislative

25         Budget Commission; amending s. 1009.536, F.S.;

26         deleting duties of the Workforce Estimating

27         Conference with respect to certain career

28         education programs; amending s. 1013.512, F.S.;

29         requiring a recommendation by the Governor

30         before placing certain school district funds in

31         reserve; providing for references to the

                                  8

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         Working Capital Fund in certain appropriations

 2         and proviso language to be replaced with a

 3         reference to the General Revenue Fund;

 4         providing effective dates.

 5  

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

 7  

 8         Section 1.  Subsection (8) of section 14.2015, Florida

 9  Statutes, is amended to read:

10         14.2015  Office of Tourism, Trade, and Economic

11  Development; creation; powers and duties.--

12         (8)  The Office of Tourism, Trade, and Economic

13  Development shall ensure that the contract between the Florida

14  Commission on Tourism and the commission's direct-support

15  organization contains a provision to provide the data on the

16  visitor counts and visitor profiles used in revenue

17  estimating, employing the same methodology used in fiscal year

18  1995-1996 by the Department of Commerce. The Office of

19  Tourism, Trade, and Economic Development and the Florida

20  Commission on Tourism must advise and consult reach agreement

21  with the Consensus Estimating Conference principals before

22  making any changes in methodology used or information

23  gathered.

24         Section 2.  Paragraph (d) of subsection (4) of section

25  20.316, Florida Statutes, is amended to read:

26         20.316  Department of Juvenile Justice.--There is

27  created a Department of Juvenile Justice.

28         (4)  INFORMATION SYSTEMS.--

29         (d)  The management information system shall, at a

30  minimum:

31  

                                  9

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         1.  Facilitate case management of juveniles referred to

 2  or placed in the department's custody.

 3         2.  Provide timely access to current data and computing

 4  capacity to support outcome evaluation, legislative oversight,

 5  the Juvenile Justice Estimating Conference, and other

 6  research.

 7         3.  Provide automated support to the quality assurance

 8  and program review functions.

 9         4.  Provide automated support to the contract

10  management process.

11         5.  Provide automated support to the facility

12  operations management process.

13         6.  Provide automated administrative support to

14  increase efficiency, provide the capability of tracking

15  expenditures of funds by the department or contracted service

16  providers that are eligible for federal reimbursement, and

17  reduce forms and paperwork.

18         7.  Facilitate connectivity, access, and utilization of

19  information among various state agencies, and other state,

20  federal, local, and private agencies, organizations, and

21  institutions.

22         8.  Provide electronic public access to juvenile

23  justice information, which is not otherwise made confidential

24  by law or exempt from the provisions of s. 119.07(1).

25         9.  Provide a system for the training of information

26  system users and user groups.

27         Section 3.  Effective July 1, 2006, section 45.062,

28  Florida Statutes, is amended to read:

29         45.062  Settlements, conditions, or orders when an

30  agency of the executive branch is a party.--

31  

                                  10

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         (1)  In any civil action in which a state executive

 2  branch agency or officer is a party in state or federal court,

 3  the officer, agent, official, or attorney who represents or is

 4  acting on behalf of such agency or officer may not settle such

 5  action, consent to any condition, or agree to any order in

 6  connection therewith, if the settlement, condition, or order

 7  requires the expenditure of or the obligation to expend any

 8  state funds or other state resources, the refund or future

 9  loss of state revenues exceeding $10 million, or the

10  establishment of any new program, unless:

11         (a)  The expenditure is provided for by an existing

12  appropriation or program established by law; and

13         (b)  At the time settlement negotiations are begun in

14  earnest, written notification is given to the President of the

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

16  Senate and House minority leaders, the chairs of the

17  appropriations committees of the Legislature, and the Attorney

18  General; and

19         (c)(b)  Prior written notification is given at least

20  within 5 business days before of the date the settlement or

21  presettlement agreement or order is to be made final to the

22  President of the Senate, the Speaker of the House of

23  Representatives, the Senate and House minority leaders, the

24  chairs of the appropriations committees of the Legislature,

25  and the Attorney General. Such notification is a condition

26  precedent to the agency's authority to enter into the

27  settlement or presettlement agreement and shall be subject to

28  the review and objection procedures of s. 216.177. Such

29  notification shall specify how the agency involved will

30  address the costs in future years within the limits of current

31  appropriations.

                                  11

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         1.  The Division of Risk Management need not give the

 2  notification required by this paragraph when settling any

 3  claim covered by the state self-insurance program for an

 4  amount less than $100,000.

 5         2.  The notification specified in this paragraph is not

 6  required if the only settlement obligation of the state

 7  resulting from the claim is to pay court costs in an amount

 8  less than $10,000.

 9         (2)  The state executive branch agency or officer shall

10  negotiate a closure date as soon as possible for the civil

11  action.

12         (3)  The state executive branch agency or officer may

13  not pledge any current or future action of another branch of

14  state government as a condition for settling the civil action.

15         (4)  Any settlement that commits the state to spending

16  in excess of current appropriations or to policy changes

17  inconsistent with current state law shall be contingent upon

18  and subject to legislative appropriation or statutory

19  amendment. The state agency or officer may agree to use all

20  efforts to procure legislative funding or statutory amendment.

21         (5)  When a state agency or officer settles an action

22  or legal claim in which the state asserted a right to recover

23  money, all moneys paid to the state by a party in full or

24  partial exchange for a release of the state's claim shall be

25  placed unobligated into the General Revenue Fund or the

26  appropriate trust fund. A settlement may not authorize or

27  ratify any payment outside the State Treasury, other than to a

28  person, as defined in s. 1.01, suffering an injury arising out

29  of the transaction or course of conduct giving rise to the

30  settled claim. This subsection does not limit the right of a

31  

                                  12

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    Florida Senate - 2005                           CS for SB 2610
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 1  private party to settle a claim independent of the settlement

 2  by a public party.

 3         (6)(5)  State executive branch agencies and officers

 4  shall report to each substantive and fiscal committee of the

 5  Legislature having jurisdiction over the reporting agency on

 6  all potential settlements that may commit the state to:

 7         (a)  Spend in excess of current appropriations; or

 8         (b)  Make policy changes inconsistent with current

 9  state law.

10  

11  The state executive branch agency or officer shall provide

12  periodic updates to the appropriate legislative committees on

13  these issues during the settlement process.

14         (7)  In any civil action in which a state executive

15  branch agency or officer is a party in state or federal court,

16  the officer, agent, official, or attorney who represents or is

17  acting on behalf of such agency or officer may not settle such

18  action if the settlement requires the other party to commit

19  funds to a particular purpose as a condition of the

20  settlement, unless at least 5 business days before the date

21  the settlement agreement is to be made final written notice is

22  given to the President of the Senate, the Speaker of the House

23  of Representatives, the Senate and House minority leaders, the

24  chairs of the appropriations committees of the Legislature,

25  and the Attorney General. Such notification is a condition

26  precedent to the agency's authority to enter into the

27  settlement and is subject to the review and objection

28  procedures of s. 216.177.

29         Section 4.  Subsection (1) of section 110.1239, Florida

30  Statutes, is amended to read:

31  

                                  13

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    Florida Senate - 2005                           CS for SB 2610
    576-1872-05




 1         110.1239  State group health insurance program

 2  funding.--It is the intent of the Legislature that the state

 3  group health insurance program be managed, administered,

 4  operated, and funded in such a manner as to maximize the

 5  protection of state employee health insurance benefits.

 6  Inherent in this intent is the recognition that the health

 7  insurance liabilities attributable to the benefits offered

 8  state employees should be fairly, orderly, and equitably

 9  funded. Accordingly:

10         (1)  The division shall determine the level of premiums

11  necessary to fully fund the state group health insurance

12  program for the next fiscal year. Such determination shall be

13  made after each Self-Insurance Estimating Conference as

14  provided in s. 216.136(9) s. 216.136(11), but not later than

15  December 1 and April 1 of each fiscal year.

16         Section 5.  Paragraph (b) of subsection (1) of section

17  110.1245, Florida Statutes, is amended to read:

18         110.1245  Savings sharing program; bonus payments;

19  other awards.--

20         (1)

21         (b)  Each agency head shall recommend employees

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

23  which amount shall be directly related to the cost savings

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

25  approved by the Legislative Budget Budgeting Commission.

26         Section 6.  Section 215.32, Florida Statutes, is

27  amended to read:

28         215.32  State funds; segregation.--

29         (1)  All moneys received by the state shall be

30  deposited in the State Treasury unless specifically provided

31  otherwise by law and shall be deposited in and accounted for

                                  14

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    Florida Senate - 2005                           CS for SB 2610
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 1  by the Chief Financial Officer within the following funds,

 2  which funds are hereby created and established:

 3         (a)  General Revenue Fund.

 4         (b)  Trust funds.

 5         (c)  Working Capital Fund.

 6         (c)(d)  Budget Stabilization Fund.

 7         (2)  The source and use of each of these funds shall be

 8  as follows:

 9         (a)  The General Revenue Fund shall consist of all

10  moneys received by the state from every source whatsoever,

11  except as provided in paragraphs (b) and (c). Such moneys

12  shall be expended pursuant to General Revenue Fund

13  appropriations acts, or transferred as provided in paragraph

14  (c), or maintained as unallocated general revenue. Unallocated

15  general revenue shall be considered the working capital

16  balance of the state and shall consist of moneys in the

17  General Revenue Fund which are in excess of the amount needed

18  to meet General Revenue Fund appropriations for the current

19  fiscal year. Annually, at least 5 percent of the estimated

20  increase in General Revenue Fund receipts for the upcoming

21  fiscal year over the current year General Revenue Fund

22  effective appropriations shall be appropriated for state-level

23  capital outlay, including infrastructure improvement and

24  general renovation, maintenance, and repairs.

25         (b)1.  The trust funds shall consist of moneys received

26  by the state which under law or under trust agreement are

27  segregated for a purpose authorized by law. The state agency

28  or branch of state government receiving or collecting such

29  moneys shall be responsible for their proper expenditure as

30  provided by law. Upon the request of the state agency or

31  branch of state government responsible for the administration

                                  15

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    Florida Senate - 2005                           CS for SB 2610
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 1  of the trust fund, the Chief Financial Officer may establish

 2  accounts within the trust fund at a level considered necessary

 3  for proper accountability. Once an account is established

 4  within a trust fund, the Chief Financial Officer may authorize

 5  payment from that account only upon determining that there is

 6  sufficient cash and releases at the level of the account.

 7         2.  In addition to other trust funds created by law, to

 8  the extent possible, each agency shall use the following trust

 9  funds as described in this subparagraph for day-to-day

10  operations:

11         a.  Operations or operating trust fund, for use as a

12  depository for funds to be used for program operations funded

13  by program revenues, with the exception of administrative

14  activities when the operations or operating trust fund is a

15  proprietary fund.

16         b.  Operations and maintenance trust fund, for use as a

17  depository for client services funded by third-party payors.

18         c.  Administrative trust fund, for use as a depository

19  for funds to be used for management activities that are

20  departmental in nature and funded by indirect cost earnings

21  and assessments against trust funds. Proprietary funds are

22  excluded from the requirement of using an administrative trust

23  fund.

24         d.  Grants and donations trust fund, for use as a

25  depository for funds to be used for allowable grant or donor

26  agreement activities funded by restricted contractual revenue

27  from private and public nonfederal sources.

28         e.  Agency working capital trust fund, for use as a

29  depository for funds to be used pursuant to s. 216.272.

30  

31  

                                  16

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    Florida Senate - 2005                           CS for SB 2610
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 1         f.  Clearing funds trust fund, for use as a depository

 2  for funds to account for collections pending distribution to

 3  lawful recipients.

 4         g.  Federal grant trust fund, for use as a depository

 5  for funds to be used for allowable grant activities funded by

 6  restricted program revenues from federal sources.

 7  

 8  To the extent possible, each agency must adjust its internal

 9  accounting to use existing trust funds consistent with the

10  requirements of this subparagraph. If an agency does not have

11  trust funds listed in this subparagraph and cannot make such

12  adjustment, the agency must recommend the creation of the

13  necessary trust funds to the Legislature no later than the

14  next scheduled review of the agency's trust funds pursuant to

15  s. 215.3206.

16         3.  All such moneys are hereby appropriated to be

17  expended in accordance with the law or trust agreement under

18  which they were received, subject always to the provisions of

19  chapter 216 relating to the appropriation of funds and to the

20  applicable laws relating to the deposit or expenditure of

21  moneys in the State Treasury.

22         4.a.  Notwithstanding any provision of law restricting

23  the use of trust funds to specific purposes, unappropriated

24  cash balances from selected trust funds may be authorized by

25  the Legislature for transfer to the Budget Stabilization Fund

26  and General Revenue Working Capital Fund in the General

27  Appropriations Act.

28         b.  This subparagraph does not apply to trust funds

29  required by federal programs or mandates; trust funds

30  established for bond covenants, indentures, or resolutions

31  whose revenues are legally pledged by the state or public body

                                  17

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    Florida Senate - 2005                           CS for SB 2610
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 1  to meet debt service or other financial requirements of any

 2  debt obligations of the state or any public body; the State

 3  Transportation Trust Fund; the trust fund containing the net

 4  annual proceeds from the Florida Education Lotteries; the

 5  Florida Retirement System Trust Fund; trust funds under the

 6  management of the State Board of Education Board of Regents,

 7  where such trust funds are for auxiliary enterprises,

 8  self-insurance, and contracts, grants, and donations, as those

 9  terms are defined by general law; trust funds that serve as

10  clearing funds or accounts for the Chief Financial Officer or

11  state agencies; trust funds that account for assets held by

12  the state in a trustee capacity as an agent or fiduciary for

13  individuals, private organizations, or other governmental

14  units; and other trust funds authorized by the State

15  Constitution.

16         (c)1.  The Budget Stabilization Fund shall consist of

17  amounts equal to at least 5 percent of net revenue collections

18  for the General Revenue Fund during the last completed fiscal

19  year. The Budget Stabilization Fund's principal balance shall

20  not exceed an amount equal to 10 percent of the last completed

21  fiscal year's net revenue collections for the General Revenue

22  Fund. As used in this paragraph, the term "last completed

23  fiscal year" means the most recently completed fiscal year

24  prior to the regular legislative session at which the

25  Legislature considers the General Appropriations Act for the

26  year in which the transfer to the Budget Stabilization Fund

27  must be made under this paragraph.

28         2.  By September 15 of each year, the Governor shall

29  authorize the Chief Financial Officer to transfer, and the

30  Chief Financial Officer shall transfer pursuant to

31  appropriations made by law, to the Budget Stabilization Fund

                                  18

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 1  the amount of money needed for the balance of that fund to

 2  equal the amount specified in subparagraph 1., less any

 3  amounts expended and not restored. The moneys needed for this

 4  transfer may be appropriated by the Legislature from any

 5  funds.

 6         3.  Unless otherwise provided in this subparagraph, an

 7  expenditure from the Budget Stabilization Fund must be

 8  restored pursuant to a restoration schedule that provides for

 9  making five equal annual transfers from the General Revenue

10  Fund, beginning in the third fiscal year following that in

11  which the expenditure was made. For any Budget Stabilization

12  Fund expenditure, the Legislature may establish by law a

13  different restoration schedule and such change may be made at

14  any time during the restoration period. Moneys are hereby

15  appropriated for transfers pursuant to this subparagraph.

16         4.  The Budget Stabilization Fund and the Working

17  Capital Fund may be used as a revolving fund funds for

18  transfers as provided in s. 215.18 s. 17.61; however, any

19  interest earned must be deposited in the General Revenue Fund.

20         5.  The Chief Financial Officer and the Department of

21  Management Services shall transfer funds to water management

22  districts to pay eligible water management district employees

23  for all benefits due under s. 373.6065, as long as funds

24  remain available for the program described under s. 100.152.

25         (d)  The Working Capital Fund shall consist of moneys

26  in the General Revenue Fund which are in excess of the amount

27  needed to meet General Revenue Fund appropriations for the

28  current fiscal year. Each year, no later than the publishing

29  date of the annual financial statements for the state by the

30  Chief Financial Officer under s. 216.102, funds shall be

31  transferred between the Working Capital Fund and the General

                                  19

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 1  Revenue Fund to establish the balance of the Working Capital

 2  Fund for that fiscal year at the amount determined pursuant to

 3  this paragraph.

 4         Section 7.  Subsection (5) of section 215.5601, Florida

 5  Statutes, is amended to read:

 6         215.5601  Lawton Chiles Endowment Fund.--

 7         (5)  AVAILABILITY OF FUNDS; USES.--

 8         (a)  Funds from the endowment which are available for

 9  legislative appropriation shall be transferred by the board to

10  the Department of Financial Services Tobacco Settlement

11  Clearing Trust Fund, created in s. 17.41, and disbursed in

12  accordance with the legislative appropriation.

13         1.  Appropriations by the Legislature to the Department

14  of Health from endowment earnings from the principal set aside

15  for biomedical research shall be from a category called the

16  James and Esther King Biomedical Research Program and shall be

17  deposited into the Biomedical Research Trust Fund in the

18  Department of Health established in s. 20.435.

19         2.  Appropriations by the Legislature to the Department

20  of Children and Family Services, the Department of Health, or

21  the Department of Elderly Affairs from endowment earnings for

22  health and human services programs shall be from a category

23  called the Lawton Chiles Endowment Fund Programs and shall be

24  deposited into each department's respective Tobacco Settlement

25  Trust Fund as appropriated.

26         (b)  In order to ensure that the expenditure of funds

27  earned from the Lawton Chiles Endowment Fund will be used for

28  the purposes intended by the Legislature, the Legislature

29  shall establish line item categories for the state agencies

30  describing the designated use of the appropriated funds as

31  provided in the General Appropriations Act.

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 1         (c)  The secretaries of the state agencies shall

 2  conduct meetings to discuss priorities for endowment funding

 3  for health and human services programs for children and elders

 4  before submitting their legislative budget requests to the

 5  Executive Office of the Governor and the Legislature. The

 6  purpose of the meetings is to gain consensus for priority

 7  requests and recommended endowment funding levels for those

 8  priority requests. No later than September 1 of each year, the

 9  secretaries of the state agencies shall also submit their

10  consensus priority requests to the Lawton Chiles Endowment

11  Fund Advisory Council created in subsection (6).

12         (d)  Subject to legislative appropriations, state

13  agencies shall use distributions from the endowment to enhance

14  or support increases in clients served or to meet increases in

15  program costs in health and human services program areas.

16  Funds distributed from the endowment may not be used to

17  supplant existing revenues.

18         (e)  Notwithstanding s. 216.301 and pursuant to s.

19  216.351, all unencumbered balances of appropriations from each

20  department's respective Tobacco Settlement Trust Fund as of

21  June 30 or undisbursed balances as of December 31 shall revert

22  to the endowment's principal. Unencumbered balances in the

23  Biomedical Research Trust Fund shall be managed as provided in

24  s. 20.435(1)(h)2.

25         (f)  When advised by the Revenue Estimating Conference

26  that a deficit will occur with respect to the appropriations

27  from the tobacco settlement trust funds of the state agencies

28  in any fiscal year, the Governor shall develop a plan of

29  action to eliminate the deficit. Before implementing the plan

30  of action, the Governor must comply with s. 216.177(2). In

31  developing the plan of action, the Governor shall, to the

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 1  extent possible, preserve legislative policy and intent, and,

 2  absent any specific directions to the contrary in the General

 3  Appropriations Act, any reductions in appropriations from the

 4  tobacco settlement trust funds of the state agencies for a

 5  fiscal year shall be prorated among the specific

 6  appropriations made from all tobacco settlement trust funds of

 7  the state agencies for that year.

 8         Section 8.  Subsection (3) of section 215.93, Florida

 9  Statutes, is amended to read:

10         215.93  Florida Financial Management Information

11  System.--

12         (3)  The Florida Financial Management Information

13  System shall include financial management data and utilize the

14  chart of accounts approved by the Chief Financial Officer.

15  Common financial management data shall include, but not be

16  limited to, data codes, titles, and definitions used by one or

17  more of the functional owner subsystems.  The Florida

18  Financial Management Information System shall utilize common

19  financial management data codes.  The council shall recommend

20  and the board shall adopt policies regarding the approval and

21  publication of the financial management data.  The Chief

22  Financial Officer shall adopt policies regarding the approval

23  and publication of the chart of accounts.  The Chief Financial

24  Officer's chart of accounts shall be consistent with the

25  common financial management data codes established by the

26  coordinating council.  Further, all systems not a part of the

27  Florida Financial Management Information System which provide

28  information to the system shall use the common data codes from

29  the Florida Financial Management Information System and the

30  Chief Financial Officer's chart of accounts. Data codes that

31  cannot be supplied by the Florida Financial Management

                                  22

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 1  Information System and the Chief Financial Officer's chart of

 2  accounts and that are required for use by the information

 3  subsystems shall be approved by the board upon recommendation

 4  of the coordinating council. However, board approval shall not

 5  be required for those data codes specified by the Auditor

 6  General under the provisions of s. 215.94(6)(c).

 7         Section 9.  Subsection (6) of section 215.94, Florida

 8  Statutes, is amended to read:

 9         215.94  Designation, duties, and responsibilities of

10  functional owners.--

11         (6)(a)  Consistent with the provisions of s. 215.86,

12  the respective functional owner of each information subsystem

13  shall be responsible for ensuring The Auditor General shall be

14  advised by the functional owner of each information subsystem

15  as to the date that the development or significant

16  modification of its functional system specifications is to

17  begin.

18         (b)  Upon such notification, the Auditor General shall

19  participate with each functional owner to the extent necessary

20  to provide assurance that:

21         1.  The accounting information produced by the

22  information subsystem adheres to generally accepted accounting

23  principles.

24         2.  The information subsystem contains the necessary

25  controls to maintain its integrity, within acceptable limits

26  and at an acceptable cost.

27         3.  The information subsystem is auditable.

28         (b)(c)  The Auditor General shall be advised by the

29  functional owner of each information subsystem as to the date

30  that the development or significant modification of its

31  functional system specifications is to begin. The Auditor

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 1  General shall provide technical advice, as allowed by

 2  professional auditing standards, on specific issues relating

 3  to the design, implementation, and operation of each

 4  information subsystem. specify those additional features,

 5  characteristics, controls, and internal control measures

 6  deemed necessary to carry out the provisions of this

 7  subsection. Further, it shall be the responsibility of each

 8  functional owner to ensure installation and incorporation of

 9  such specified features, characteristics, controls, and

10  internal control measures within each information subsystem.

11         Section 10.  Section 215.97, Florida Statutes, is

12  amended to read:

13         215.97  Florida Single Audit Act.--

14         (1)  The purposes of the section are to:

15         (a)  Establish uniform state audit requirements for

16  state financial assistance provided by state agencies to

17  nonstate entities to carry out state projects.

18         (b)  Promote sound financial management, including

19  effective internal controls, with respect to state financial

20  assistance administered by nonstate entities.

21         (c)  Promote audit economy and efficiency by relying to

22  the extent possible on already required audits of federal

23  financial assistance provided to nonstate entities.

24         (d)  Provide for identification of state financial

25  assistance transactions in the appropriations act, state

26  accounting records, and recipient organization records.

27         (e)  Promote improved coordination and cooperation

28  within and between affected state agencies providing state

29  financial assistance and nonstate entities receiving state

30  assistance.

31  

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 1         (f)  Ensure, to the maximum extent possible, that state

 2  agencies monitor, use, and followup on audits of state

 3  financial assistance provided to nonstate entities.

 4         (2)  Definitions; as used in this section, the term:

 5         (a)  "Audit threshold" means the threshold amount used

 6  to determine to use in determining when a state single audit

 7  or project-specific audit of a nonstate entity shall be

 8  conducted in accordance with this section. Each nonstate

 9  entity that expends a total amount of state financial

10  assistance equal to or in excess of $500,000 $300,000 in any

11  fiscal year of such nonstate entity shall be required to have

12  a state single audit, or a project-specific audit, for such

13  fiscal year in accordance with the requirements of this

14  section. Every 2 years the Auditor General, after consulting

15  with the Executive Office of the Governor, the Department of

16  Financial Services Chief Financial Officer, and all state

17  awarding agencies that provide state financial assistance to

18  nonstate entities, shall review the threshold amount for

19  requiring audits under this section and may adjust such

20  threshold dollar amount consistent with the purposes purpose

21  of this section.

22         (b)  "Auditing standards" means the auditing standards

23  as stated in the rules of the Auditor General as applicable to

24  for-profit organizations, nonprofit organizations, or local

25  governmental entities.

26         (c)  "Catalog of State Financial Assistance" means a

27  comprehensive listing of state projects. The Catalog of State

28  Financial Assistance shall be issued by the Department of

29  Financial Services Executive Office of the Governor after

30  conferring with the Executive Office of the Governor Chief

31  Financial Officer and all state awarding agencies that provide

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 1  state financial assistance to nonstate entities. The Catalog

 2  of State Financial Assistance shall include for each listed

 3  state project: the responsible state awarding agency; standard

 4  state project number identifier; official title; legal

 5  authorization; and description of the state project, including

 6  objectives, restrictions, application and awarding procedures,

 7  and other relevant information determined necessary.

 8         (d)  "Coordinating agency" means the state awarding

 9  agency that provides the predominant amount of state financial

10  assistance expended by a recipient, as determined by the

11  recipient's Schedule of Expenditures of State Financial

12  Assistance. To provide continuity, the determination of the

13  predominant amount of state financial assistance shall be

14  based upon state financial assistance expended in the

15  recipient's fiscal years ending in 2006, 2009, and 2012, and

16  every third year thereafter.

17         (e)(d)  "Financial reporting package" means the

18  nonstate entities' financial statements, Schedule of

19  Expenditures of State Financial Assistance, auditor's reports,

20  management letter, auditee's written responses or corrective

21  action plan, correspondence on followup of prior years'

22  corrective actions taken, and such other information

23  determined by the Auditor General to be necessary and

24  consistent with the purposes of this section.

25         (f)(e)  "Federal financial assistance" means financial

26  assistance from federal sources passed through the state and

27  provided to nonstate organizations entities to carry out a

28  federal program. "Federal financial assistance" includes all

29  types of federal assistance as defined in applicable United

30  States Office of Management and Budget circulars.

31  

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 1         (g)(f)  "For-profit organization" means any

 2  organization or sole proprietor that but is not a local

 3  governmental entity or a nonprofit organization.

 4         (h)(g)  "Independent auditor" means an independent

 5  external state or local government auditor or a certified

 6  public accountant licensed under chapter 473 who meets the

 7  independence standards.

 8         (i)(h)  "Internal control over state projects" means a

 9  process, effected by a nonstate an entity's management and

10  other personnel, designed to provide reasonable assurance

11  regarding the achievement of objectives in the following

12  categories:

13         1.  Effectiveness and efficiency of operations.

14         2.  Reliability of financial operations.

15         3.  Compliance with applicable laws and regulations.

16         (j)(i)  "Local governmental entity" means a county as a

17  whole agency, municipality, or special district or any other

18  entity excluding (other than a district school board, charter

19  school, or community college), or public university, however

20  styled, which independently exercises any type of governmental

21  function within the state.

22         (k)(j)  "Major state project" means any state project

23  meeting the criteria as stated in the rules of the Department

24  of Financial Services Executive Office of the Governor. Such

25  criteria shall be established after consultation with all the

26  Chief Financial Officer and appropriate state awarding

27  agencies that provide state financial assistance and shall

28  consider the amount of state project expenditures and or

29  expenses or inherent risks. Each major state project shall be

30  audited in accordance with the requirements of this section.

31  

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 1         (l)(k)  "Nonprofit organization" means any corporation,

 2  trust, association, cooperative, or other organization that:

 3         1.  Is operated primarily for scientific, educational

 4  service, charitable, or similar purpose in the public

 5  interest;

 6         2.  Is not organized primarily for profit;

 7         3.  Uses net proceeds to maintain, improve, or expand

 8  the operations of the organization; and

 9         4.  Has no part of its income or profit distributable

10  to its members, directors, or officers.

11         (m)(l)  "Nonstate entity" means a local governmental

12  entity, nonprofit organization, or for-profit organization

13  that receives state financial assistance resources.

14         (n)(m)  "Recipient" means a nonstate entity that

15  receives state financial assistance directly from a state

16  awarding agency.

17         (o)(n)  "Schedule of Expenditures of State Financial

18  Assistance" means a document prepared in accordance with the

19  rules of the Department of Financial Services Chief Financial

20  Officer and included in each financial reporting package

21  required by this section.

22         (p)(o)  "State awarding agency" means a the state

23  agency, as defined in s. 216.011, that is primarily

24  responsible for the operations and outcomes of a state

25  project, regardless of the state agency that actually provides

26  provided state financial assistance to a the nonstate entity.

27         (q)(p)  "State financial assistance" means financial

28  assistance from state resources, not including federal

29  financial assistance and state matching on federal programs,

30  provided to a nonstate entity entities to carry out a state

31  project. "State financial assistance" includes the all types

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 1  of state resources assistance as stated in the rules of the

 2  Department of Financial Services Executive Office of the

 3  Governor established in consultation with all the Chief

 4  Financial Officer and appropriate state awarding agencies that

 5  provide state financial assistance. It includes State

 6  financial assistance may be provided directly by state

 7  awarding agencies or indirectly by nonstate entities

 8  recipients of state awards or subrecipients. State financial

 9  assistance It does not include procurement contracts used to

10  buy goods or services from vendors and. Audits of such

11  procurement contracts with vendors are outside of the scope of

12  this section. Also, audits of contracts to operate state-owned

13  state-government-owned and contractor-operated facilities are

14  excluded from the audit requirements of this section.

15         (r)(q)  "State matching" means state resources provided

16  to a nonstate entity entities to be used to meet federal

17  financial participation matching requirements of federal

18  programs.

19         (s)  "State program" means a set of special-purpose

20  activities undertaken to realize identifiable goals and

21  objectives in order to achieve a state agency's mission and

22  legislative intent requiring accountability for state

23  resources.

24         (t)(r)  "State project" means a state program that

25  provides all state financial assistance to a nonstate

26  organization and that must be entity assigned a single state

27  project number identifier in the Catalog of State Financial

28  Assistance.

29         (u)(s)  "State Projects Compliance Supplement" means a

30  document issued by the Department of Financial Services

31  Executive Office of the Governor, in consultation with the

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 1  Chief Financial Officer and all state awarding agencies that

 2  provide state financial assistance. The State Projects

 3  Compliance Supplement shall identify state projects, the

 4  significant compliance requirements, eligibility requirements,

 5  matching requirements, suggested audit procedures, and other

 6  relevant information determined necessary.

 7         (v)(t)  "State project-specific audit" means an audit

 8  of one state project performed in accordance with the

 9  requirements of subsection (10) (9).

10         (w)(u)  "State single audit" means an audit of a

11  nonstate entity's financial statements and state financial

12  assistance. Such audits shall be conducted in accordance with

13  the auditing standards as stated in the rules of the Auditor

14  General.

15         (x)(v)  "Subrecipient" means a nonstate entity that

16  receives state financial assistance through another nonstate

17  entity.

18         (y)(w)  "Vendor" means a dealer, distributor, merchant,

19  or other seller providing goods or services that are required

20  for the conduct of a state project. These goods or services

21  may be for an organization's own use or for the use of

22  beneficiaries of the state project.

23         (3)  The Executive Office of the Governor is

24  responsible for notifying the Department of Financial Services

25  of any actions during the budgetary process which impact the

26  Catalog of State Financial Assistance. shall:

27         (a)  Upon conferring with the Chief Financial Officer

28  and all state awarding agencies, adopt rules necessary to

29  provide appropriate guidance to state awarding agencies,

30  recipients and subrecipients, and independent auditors of

31  

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 1  state financial assistance relating to the requirements of

 2  this section, including:

 3         1.  The types or classes of financial assistance

 4  considered to be state financial assistance which would be

 5  subject to the requirements of this section. This would

 6  include guidance to assist in identifying when the state

 7  agency or recipient has contracted with a vendor rather than

 8  with a recipient or subrecipient.

 9         2.  The criteria for identifying a major state project.

10         3.  The criteria for selecting state projects for

11  audits based on inherent risk.

12         (b)  Be responsible for coordinating the initial

13  preparation and subsequent revisions of the Catalog of State

14  Financial Assistance after consultation with the Chief

15  Financial Officer and all state awarding agencies.

16         (c)  Be responsible for coordinating the initial

17  preparation and subsequent revisions of the State Projects

18  Compliance Supplement, after consultation with the Chief

19  Financial Officer and all state awarding agencies.

20         (4)  The Department of Financial Services Chief

21  Financial Officer shall:

22         (a)  Upon conferring with the Executive Office of the

23  Governor and all state awarding agencies, adopt rules

24  necessary to provide appropriate guidance to state awarding

25  agencies, nonstate entities, and independent auditors of state

26  financial assistance relating to the requirements of this

27  section, including:

28         1.  The types or classes of state resources considered

29  to be state financial assistance that would be subject to the

30  requirements of this section. This would include guidance to

31  assist in identifying when the state awarding agency or a

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 1  nonstate entity has contracted with a vendor rather than with

 2  a recipient or subrecipient.

 3         2.  The criteria for identifying a major state project.

 4         3.  The criteria for selecting state projects for

 5  audits based on inherent risk.

 6         (b)  Be responsible for coordinating revisions to the

 7  Catalog of State Financial Assistance after consultation with

 8  the Executive Office of the Governor and all state awarding

 9  agencies.

10         (c)  Be responsible for coordinating with the Executive

11  Office of the Governor actions affecting the budgetary process

12  under paragraph (b).

13         (d)  Be responsible for coordinating revisions to the

14  State Projects Compliance Supplement, after consultation with

15  the Executive Office of the Governor and all state awarding

16  agencies.

17         (e)(a)  Make enhancements to the state's accounting

18  system to provide for the:

19         1.  Recording of state financial assistance and federal

20  financial assistance appropriations and expenditures within

21  the state awarding agencies' operating funds.

22         2.  Recording of state project number identifiers, as

23  provided in the Catalog of State Financial Assistance, for

24  state financial assistance.

25         3.  Establishment and recording of an identification

26  code for each financial transaction, including awarding state

27  agencies' disbursements of state financial assistance and

28  federal financial assistance, as to the corresponding type or

29  organization that is party to the transaction (e.g., other

30  governmental agencies, nonprofit organizations, and for-profit

31  organizations), and disbursements of federal financial

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 1  assistance, as to whether the party to the transaction is or

 2  is not a nonstate entity recipient or subrecipient.

 3         (f)(b)  Upon conferring with the Executive Office of

 4  the Governor and all state awarding agencies, adopt rules

 5  necessary to provide appropriate guidance to state awarding

 6  agencies, nonstate entities recipients and subrecipients, and

 7  independent auditors of state financial assistance relating to

 8  the format for the Schedule of Expenditures of State Financial

 9  Assistance.

10         (g)(c)  Perform any inspections, reviews,

11  investigations, or audits of state financial assistance

12  considered necessary in carrying out the Department of

13  Financial Services' Chief Financial Officer's legal

14  responsibilities for state financial assistance or to comply

15  with the requirements of this section.

16         (5)  Each state awarding agency shall:

17         (a)  Provide to each a recipient information needed by

18  the recipient to comply with the requirements of this section,

19  including:

20         1.  The audit and accountability requirements for state

21  projects as stated in this section and applicable rules of the

22  Executive Office of the Governor, rules of the Department of

23  Financial Services Chief Financial Officer, and rules of the

24  Auditor General.

25         2.  Information from the Catalog of State Financial

26  Assistance, including the standard state project number

27  identifier; official title; legal authorization; and

28  description of the state project including objectives,

29  restrictions, and other relevant information determined

30  necessary.

31  

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 1         3.  Information from the State Projects Compliance

 2  Supplement, including the significant compliance requirements,

 3  eligibility requirements, matching requirements, suggested

 4  audit procedures, and other relevant information determined

 5  necessary.

 6         (b)  Require the recipient, as a condition of receiving

 7  state financial assistance, to allow the state awarding

 8  agency, the Department of Financial Services Chief Financial

 9  Officer, and the Auditor General access to the recipient's

10  records and the recipient's independent auditor's working

11  papers as necessary for complying with the requirements of

12  this section.

13         (c)  Notify the recipient that this section does not

14  limit the authority of the state awarding agency to conduct or

15  arrange for the conduct of additional audits or evaluations of

16  state financial assistance or limit the authority of any state

17  awarding agency inspector general, the Auditor General, or any

18  other state official.

19         (d)  Be provided one copy of each financial reporting

20  package prepared in accordance with the requirement of this

21  section.

22         (e)  Review the recipient's recipient financial

23  reporting package, including the management letters and

24  corrective action plans, to the extent necessary to determine

25  whether timely and appropriate corrective action has been

26  taken with respect to audit findings and recommendations

27  pertaining to state financial assistance that are specific to

28  provided by the state awarding agency.

29         (f)  Designate within the state awarding agency an

30  organizational unit that will be responsible for reviewing

31  financial reporting packages pursuant to paragraph (e).

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 1  

 2  If the state awarding agency is not the coordinating agency as

 3  defined in paragraph (2)(d), the state awarding agency's

 4  designated organizational unit shall communicate to the

 5  coordinating agency the state awarding agency's approval of

 6  the recipient's corrective action plan with respect to

 7  findings and recommendations that are not specific to the

 8  state awarding agency.

 9         (6)  Each coordinating agency shall:

10         (a)  Review the recipient's financial reporting

11  package, including the management letter and corrective action

12  plan, to identify audit findings and recommendations that

13  affect state financial assistance which are not specific to a

14  particular state awarding agency.

15         (b)  For any such findings and recommendations,

16  determine:

17         1.  Whether timely and appropriate corrective action

18  has been taken.

19         2.  Promptly inform the state awarding agency's

20  contact, as provided in paragraph (5)(f), of actions taken by

21  the recipient to comply with the approved corrective action

22  plan.

23         (c)  Maintain records of followup actions taken for the

24  use of any succeeding coordinating agency.

25         (7)(6)  As a condition of receiving state financial

26  assistance, each nonstate entity recipient that provides state

27  financial assistance to a subrecipient shall:

28         (a)  Provide to each a subrecipient information needed

29  by the subrecipient to comply with the requirements of this

30  section, including:

31         1.  Identification of the state awarding agency.

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 1         2.  The audit and accountability requirements for state

 2  projects as stated in this section and applicable rules of the

 3  Executive Office of the Governor, rules of the Department of

 4  Financial Services Chief Financial Officer, and rules of the

 5  Auditor General.

 6         3.  Information from the Catalog of State Financial

 7  Assistance, including the standard state project number

 8  identifier; official title; legal authorization; and

 9  description of the state project, including objectives,

10  restrictions, and other relevant information.

11         4.  Information from the State Projects Compliance

12  Supplement including the significant compliance requirements,

13  eligibility requirements, matching requirements, and suggested

14  audit procedures, and other relevant information determined

15  necessary.

16         (b)  Review the financial reporting package of the

17  subrecipient audit reports, including the management letter

18  and corrective action plan letters, to the extent necessary to

19  determine whether timely and appropriate corrective action has

20  been taken with respect to audit findings and recommendations

21  pertaining to state financial assistance provided by a the

22  state awarding agency or nonstate entity.

23         (c)  Perform any such other procedures as specified in

24  terms and conditions of the written agreement with the state

25  awarding agency or nonstate entity, including any required

26  monitoring of the subrecipient's use of state financial

27  assistance through onsite visits, limited scope audits, or

28  other specified procedures.

29         (d)  Require subrecipients, as a condition of receiving

30  state financial assistance, to permit the independent auditor

31  of the nonstate entity recipient, the state awarding agency,

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 1  the Department of Financial Services Chief Financial Officer,

 2  and the Auditor General access to the subrecipient's records

 3  and the subrecipient's independent auditor's working papers as

 4  necessary to comply with the requirements of this section.

 5         (8)(7)  Each recipient or subrecipient of state

 6  financial assistance shall comply with the following:

 7         (a)  Each nonstate entity that receives state financial

 8  assistance and meets the audit threshold requirements, in any

 9  fiscal year of the nonstate entity, as stated in the rules of

10  the Auditor General, shall have a state single audit conducted

11  for such fiscal year in accordance with the requirements of

12  this act and with additional requirements established in rules

13  of the Executive Office of the Governor, rules of the

14  Department of Financial Services Chief Financial Officer, and

15  rules of the Auditor General. If only one state project is

16  involved in a nonstate entity's fiscal year, the nonstate

17  entity may elect to have only a state project-specific audit

18  of the state project for that fiscal year.

19         (b)  Each nonstate entity that receives state financial

20  assistance and does not meet the audit threshold requirements,

21  in any fiscal year of the nonstate entity, as stated in this

22  law or the rules of the Auditor General is exempt for such

23  fiscal year from the state single audit requirements of this

24  section. However, such nonstate entity must meet terms and

25  conditions specified in the written agreement with the state

26  awarding agency or nonstate entity.

27         (c)  If a nonstate entity has no, or extremely limited,

28  required activities related to the administration of a state

29  project, and only acts as a conduit of state financial

30  assistance, none of the requirements of the Florida Single

31  Audit Act apply to the conduit nonstate entity. However, the

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 1  nonstate entity that is provided state financial assistance by

 2  the conduit nonstate entity is subject to the requirements of

 3  the Florida Single Audit Act.

 4         (d)(c)  Regardless of the amount of the state financial

 5  assistance, the provisions of this section does do not exempt

 6  a nonstate entity from compliance with provisions of law

 7  relating to maintaining records concerning state financial

 8  assistance to such nonstate entity or allowing access and

 9  examination of those records by the state awarding agency, the

10  nonstate entity, the Department of Financial Services Chief

11  Financial Officer, or the Auditor General.

12         (e)(d)  Audits conducted pursuant to this section shall

13  be performed annually.

14         (f)(e)  Audits conducted pursuant to this section shall

15  be conducted by independent auditors in accordance with

16  auditing standards as stated in rules of the Auditor General.

17         (g)(f)  Upon completion of the audit as required by

18  this section, a copy of the recipient's financial reporting

19  package shall be filed with the state awarding agency and the

20  Auditor General. Upon completion of the audit as required by

21  this section, a copy of the subrecipient's financial reporting

22  package shall be filed with the nonstate entity recipient that

23  provided the state financial assistance and the Auditor

24  General. The financial reporting package shall be filed in

25  accordance with the rules of the Auditor General.

26         (h)(g)  All financial reporting packages prepared

27  pursuant to the requirements of this section shall be

28  available for public inspection.

29         (i)(h)  If an audit conducted pursuant to this section

30  discloses any significant audit findings relating to state

31  financial assistance, including material noncompliance with

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 1  individual state project compliance requirements or reportable

 2  conditions in internal controls of the nonstate entity, the

 3  nonstate entity shall submit as part of the financial

 4  reporting audit package to the state awarding agency or

 5  nonstate entity a plan for corrective action to eliminate such

 6  audit findings or a statement describing the reasons that

 7  corrective action is not necessary.

 8         (j)(i)  An audit conducted in accordance with this

 9  section is in addition to any audit of federal awards required

10  by the federal Single Audit Act and other federal laws and

11  regulations. To the extent that such federally required audits

12  provide the state awarding agency or nonstate entity with

13  information it requires to carry out its responsibilities

14  under state law or other guidance, the a state awarding agency

15  or nonstate entity shall rely upon and use that information.

16         (k)(j)  Unless prohibited by law, the costs cost of

17  audits pursuant to this section are is allowable charges to

18  state projects. However, any charges to state projects should

19  be limited to those incremental costs incurred as a result of

20  the audit requirements of this section in relation to other

21  audit requirements. The nonstate entity should allocate such

22  incremental costs to all state projects for which it expended

23  state financial assistance.

24         (l)(k)  Audit costs may not be charged to state

25  projects when audits required by this section have not been

26  made or have been made but not in accordance with this

27  section. If a nonstate entity fails to have an audit conducted

28  consistent with this section, a state awarding agency or

29  nonstate entity agencies may take appropriate corrective

30  action to enforce compliance.

31  

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 1         (m)(l)  This section does not prohibit the state

 2  awarding agency or nonstate entity from including terms and

 3  conditions in the written agreement which require additional

 4  assurances that state financial assistance meets the

 5  applicable requirements of laws, regulations, and other

 6  compliance rules.

 7         (n)(m)  A state awarding agency or nonstate entity that

 8  provides state financial assistance to nonstate entities and

 9  conducts or arranges for audits of state financial assistance

10  that are in addition to the audits conducted under this act,

11  including audits of nonstate entities that do not meet the

12  audit threshold requirements, shall, consistent with other

13  applicable law, arrange for funding the full cost of such

14  additional audits.

15         (9)(8)  The independent auditor when conducting a state

16  single audit of a nonstate entity recipients or subrecipients

17  shall:

18         (a)  Determine whether the nonstate entity's financial

19  statements are presented fairly in all material respects in

20  conformity with generally accepted accounting principles.

21         (b)  Determine whether state financial assistance shown

22  on the Schedule of Expenditures of State Financial Assistance

23  is presented fairly in all material respects in relation to

24  the nonstate entity's financial statements taken as a whole.

25         (c)  With respect to internal controls pertaining to

26  each major state project:

27         1.  Obtain an understanding of internal controls;

28         2.  Assess control risk;

29         3.  Perform tests of controls unless the controls are

30  deemed to be ineffective; and

31  

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 1         4.  Determine whether the nonstate entity has internal

 2  controls in place to provide reasonable assurance of

 3  compliance with the provisions of laws and rules pertaining to

 4  state financial assistance that have a material effect on each

 5  major state project.

 6         (d)  Determine whether each major state project

 7  complied with the provisions of laws, rules, and guidelines as

 8  identified in the State Projects Compliance Supplement, or

 9  otherwise identified by the state awarding agency, which have

10  a material effect on each major state project. When major

11  state projects are less than 50 percent of the nonstate

12  entity's total expenditures for all state financial

13  assistance, the auditor shall select and test additional state

14  projects as major state projects as necessary to achieve audit

15  coverage of at least 50 percent of the expenditures for all

16  state financial assistance provided to the nonstate entity.

17  Additional state projects needed to meet the 50-percent

18  requirement may be selected on an inherent risk basis as

19  stated in the rules of the Department of Financial Services

20  Executive Office of the Governor.

21         (e)  Report on the results of any audit conducted

22  pursuant to this section in accordance with the rules of the

23  Executive Office of the Governor, rules of the Department of

24  Financial Services Chief Financial Officer, and rules of the

25  Auditor General. Financial reporting packages must Audit

26  reports shall include summaries of the auditor's results

27  regarding the nonstate entity's financial statements; Schedule

28  of Expenditures of State Financial Assistance; internal

29  controls; and compliance with laws, rules, and guidelines.

30         (f)  Issue a management letter as prescribed in the

31  rules of the Auditor General.

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 1         (g)  Upon notification by the nonstate entity, make

 2  available the working papers relating to the audit conducted

 3  pursuant to the requirements of this section to the state

 4  awarding agency, the Department of Financial Services Chief

 5  Financial Officer, or the Auditor General for review or

 6  copying.

 7         (10)(9)  The independent auditor, when conducting a

 8  state project-specific audit of a nonstate entity recipients

 9  or subrecipients, shall:

10         (a)  Determine whether the nonstate entity's Schedule

11  of Expenditure of State Financial Assistance is presented

12  fairly in all material respects in conformity with stated

13  accounting policies.

14         (b)  Obtain an understanding of internal controls

15  control and perform tests of internal controls control over

16  the state project consistent with the requirements of a major

17  state project.

18         (c)  Determine whether or not the auditee has complied

19  with applicable provisions of laws, rules, and guidelines as

20  identified in the State Projects Compliance Supplement, or

21  otherwise identified by the state awarding agency, which could

22  have a direct and material effect on the state project.

23         (d)  Report on the results of the a state

24  project-specific audit consistent with the requirements of the

25  state single audit and issue a management letter as prescribed

26  in the rules of the Auditor General.

27         (e)  Upon notification by the nonstate entity, make

28  available the working papers relating to the audit conducted

29  pursuant to the requirements of this section to the state

30  awarding agency, the Department of Financial Services Chief

31  

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 1  Financial Officer, or the Auditor General for review or

 2  copying.

 3         (11)(10)  The Auditor General shall:

 4         (a)  Have the authority to audit state financial

 5  assistance provided to any nonstate entity when determined

 6  necessary by the Auditor General or when directed by the

 7  Legislative Auditing Committee.

 8         (b)  Adopt rules that state the auditing standards that

 9  independent auditors are to follow for audits of nonstate

10  entities required by this section.

11         (c)  Adopt rules that describe the contents and the

12  filing deadlines for the financial reporting package.

13         (d)  Provide technical advice upon request of the

14  Department of Financial Services Chief Financial Officer,

15  Executive Office of the Governor, and state awarding agencies

16  relating to financial reporting and audit responsibilities

17  contained in this section.

18         (e)  Be provided one copy of each financial reporting

19  package prepared in accordance with the requirements of this

20  section.

21         (f)  Perform ongoing reviews of a sample of financial

22  reporting packages filed pursuant to the requirements of this

23  section to determine compliance with the reporting

24  requirements of this section and applicable rules of the

25  Executive Office of the Governor, rules of the Department of

26  Financial Services Chief Financial Officer, and rules of the

27  Auditor General.

28         Section 11.  Paragraphs (a), (b), (n), (gg), (hh), and

29  (jj) of subsection (1) of section 216.011, Florida Statutes,

30  are amended, paragraph (rr) is added to that subsection, and

31  

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 1  paragraph (c) is added to subsection (3) of that section, to

 2  read:

 3         216.011  Definitions.--

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

 5  appropriations acts, legislative budgets, and approved

 6  budgets, each of the following terms has the meaning

 7  indicated:

 8         (a)  "Annual salary rate" means the monetary

 9  compensation authorized to be paid a position on an annualized

10  basis. The term does not include moneys authorized for

11  benefits associated with the position. In calculating salary

12  rate, a vacant position shall be calculated at the minimum of

13  the pay grade for that position.

14         (b)  "Appropriation" means a legal authorization to

15  make expenditures for specific purposes within the amounts

16  authorized by law in the appropriations act.

17         (n)  "Expense" means the appropriation category used to

18  fund the usual, ordinary, and incidental expenditures by an

19  agency or the judicial branch, including such items as

20  contractual services, commodities, and supplies of a

21  consumable nature, current obligations, and fixed charges, and

22  excluding expenditures classified as operating capital outlay.

23  Payments to other funds or local, state, or federal agencies

24  may be included in this category.

25         (gg)  "Mandatory reserve" means the reduction of an

26  appropriation by the Governor or the Legislative Budget

27  Commission due to an anticipated deficit in a fund, pursuant

28  to s. 216.221. Action may not be taken to restore a mandatory

29  reserve either directly or indirectly. "Performance-based

30  program appropriation" means the appropriation category used

31  

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 1  to fund a specific set of activities or classification of

 2  expenditure within an approved performance-based program.

 3         (hh)  "Budget reserve" means the withholding, as

 4  authorized by the Legislature, of an appropriation or portion

 5  thereof. The need for a budget reserve may exist until certain

 6  conditions set by the Legislature are met by the affected

 7  agency, or such need may exist due to financial or program

 8  changes that have occurred since, and were unforeseen at the

 9  time of, passage of the General Appropriations Act.

10  "Performance-based program budget" means a budget that

11  incorporates approved programs and performance measures.

12         (jj)  "Program" means a set of services and activities

13  undertaken in accordance with a plan of action organized to

14  realize identifiable goals and objectives based on legislative

15  authorization.

16         (rr)  "Activity" means a unit of work which has

17  identifiable starting and ending points, consumes resources,

18  and produces outputs.

19         (3)  For purposes of this chapter, the term:

20         (c)  "Statutorily authorized entity" means any entity

21  primarily acting as an instrumentality of the state, any

22  regulatory or governing body, or any other governmental or

23  quasi-governmental organization that receives, disburses,

24  expends, administers, awards, recommends expenditure of,

25  handles, manages, or has custody or control of funds

26  appropriated by the Legislature and:

27         1.  Is created, organized, or specifically authorized

28  to be created or established by general law; or

29         2.  Assists a department, as defined in s. 20.03(2), or

30  other unit of state government in providing programs or

31  

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 1  services on a statewide basis with a statewide service area or

 2  population.

 3         Section 12.  Subsections (1), (2), (3), and (9) of

 4  section 216.013, Florida Statutes, are amended to read:

 5         216.013  Long-range program plan.--

 6         (1)  State agencies shall develop long-range program

 7  plans to achieve state goals using an interagency planning

 8  process that includes the development of integrated agency

 9  program service outcomes.  The plan shall cover a period of 5

10  fiscal years and shall become effective July 1 each year.

11  Long-range program plans shall provide the framework for the

12  development of agency budget requests and shall:

13         (a)  Identify agency programs and address how agency

14  programs will be used to implement state policy and achieve

15  state goals and program component objectives;

16         (b)  Identify and describe agency services and

17  activities functions and how they will be used to achieve

18  designated outcomes;

19         (c)  Identify demand, output, total costs, and unit

20  costs for each activity function;

21         (d)  Provide information regarding performance

22  measurement, which includes, but is not limited to, how data

23  is collected, the methodology used to measure a performance

24  indicator, the validity and reliability of a measure, the

25  appropriateness of a measure, and whether the agency inspector

26  general has assessed the reliability and validity of agency

27  performance measures, pursuant to s. 20.055(2);

28         (e)  Identify and justify facility and fixed capital

29  outlay projects and their associated costs; and

30  

31  

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 1         (f)  Identify and justify information technology

 2  infrastructure and applications and their associated costs for

 3  information technology projects or initiatives.

 4         (2)  All agency activities functions and their costs

 5  shall be carefully evaluated and justified by the agency.  The

 6  justification must clearly demonstrate the needs of agency

 7  customers and clients and why the agency is proposing

 8  functions and their associated costs to address the needs

 9  based on state priorities, the agency mission, and legislative

10  authorization.  Further, the justification must show how

11  agency functions are integrated and contribute to the overall

12  achievement of state goals.  Facilities, fixed capital outlay

13  and information technology infrastructure, and applications

14  shall be evaluated pursuant to ss. 216.0158, 216.043, and

15  216.0446, respectively.

16         (3)  Long-range program plans shall be submitted to the

17  Executive Office of the Governor by August 1 of each year,

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

19  interests of the state by the Governor and the chairs of the

20  legislative appropriations committees, in a form and manner

21  prescribed by the Executive Office of the Governor and the

22  chairs of the legislative appropriations committees. Such

23  long-range program plans for the Judicial Branch shall be

24  submitted by the Chief Justice of the Supreme Court to the

25  President of the Senate and the Speaker of the House of

26  Representatives, and a copy shall be provided to the Executive

27  Office of the Governor.

28         (9)  Agencies and the judicial branch shall make

29  appropriate adjustments to their long-range program plans to

30  be consistent with the appropriations and performance measures

31  in the General Appropriations Act and legislation implementing

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 1  the General Appropriations Act. Agencies and the judicial

 2  branch have until June 30 15 to make adjustments to their

 3  plans and submit the adjusted plans to the Executive Office of

 4  the Governor for review.

 5         Section 13.  Section 216.023, Florida Statutes, is

 6  amended to read:

 7         216.023  Legislative budget requests to be furnished to

 8  Legislature by agencies.--

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

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

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

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

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

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

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

16  may not shall submit its complete legislative budget request,

17  including all supporting forms and schedules required by this

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

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

20  interests of the state by the Governor and the chairs of the

21  legislative appropriations committees.

22         (2)  The judicial branch and the Division of

23  Administrative Hearings shall submit their complete

24  legislative budget requests directly to the Legislature with a

25  copy to the Governor, as chief budget officer of the state, in

26  the form and manner as prescribed in the budget instructions.

27  However, the complete legislative budget requests, including

28  all supporting forms and schedules required by this chapter,

29  shall be submitted no later than October September 15 of each

30  year unless an alternative date is agreed to be in the best

31  

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 1  interests of the state by the Governor and the chairs of the

 2  legislative appropriations committees.

 3         (3)  The Executive Office of the Governor and the

 4  appropriations committees of the Legislature shall jointly

 5  develop legislative budget instructions for preparing the

 6  exhibits and schedules that make up the agency budget from

 7  which each agency and the judicial branch shall prepare their

 8  budget request.  The budget instructions shall be consistent

 9  with s. 216.141 and shall be transmitted to each agency and to

10  the judicial branch no later than July June 15 of each year

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

12  interests of the state by the Governor and the chairs of the

13  legislative appropriations committees.  In the event that

14  agreement cannot be reached between the Executive Office of

15  the Governor and the appropriations committees of the

16  Legislature regarding legislative budget instructions, the

17  issue shall be resolved by the Governor, the President of the

18  Senate, and the Speaker of the House of Representatives.

19         (4)(a)  The legislative budget request must contain for

20  each program:

21         1.  The constitutional or statutory authority for a

22  program, a brief purpose statement, and approved program

23  components.

24         2.  Information on expenditures for 3 fiscal years

25  (actual prior-year expenditures, current-year estimated

26  expenditures, and agency budget requested expenditures for the

27  next fiscal year) by appropriation category.

28         3.  Details on trust funds and fees.

29         4.  The total number of positions (authorized, fixed,

30  and requested).

31  

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 1         5.  An issue narrative describing and justifying

 2  changes in amounts and positions requested for current and

 3  proposed programs for the next fiscal year.

 4         6.  Information resource requests.

 5         7.  Legislatively approved output and outcome

 6  performance measures and any proposed revisions to measures.

 7         8.  Proposed performance standards for each performance

 8  measure and justification for the standards and the sources of

 9  data to be used for measurement.

10         9.  Prior-year performance data on approved performance

11  measures and an explanation of deviation from expected

12  performance. Performance data must be assessed for reliability

13  in accordance with s. 20.055.

14         10.  Proposed performance incentives and disincentives.

15         11.  Supporting information, including applicable

16  cost-benefit analyses, business case analyses, performance

17  contracting procedures, service comparisons, and impacts to

18  performance standards for any requests to outsource or

19  privatize agency functions.

20         12.  An evaluation of any major outsourcing and

21  privatization initiatives undertaken during the last 5 fiscal

22  years having aggregate expenditures exceeding $10 million

23  during the term of the contract. The evaluation shall include

24  an assessment of contractor performance, a comparison of

25  anticipated service levels to actual service levels, and a

26  comparison of estimated savings to actual savings achieved.

27  Consolidated reports issued by the Department of Management

28  Services may be used to satisfy this requirement.

29         (b)  It is the intent of the Legislature that total

30  accountability measures, including unit-cost data, serve not

31  only as a budgeting tool but also as a policymaking tool and

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 1  an accountability tool. Therefore, each state agency and the

 2  judicial branch must submit a one-page summary of information

 3  for the preceding year in accordance with the legislative

 4  budget instructions. Each one-page summary must contain:

 5         1.  The final budget for the agency and the judicial

 6  branch.

 7         2.  Total funds from the General Appropriations Act.

 8         3.  Adjustments to the General Appropriations Act.

 9         4.  The line-item listings of all activities.

10         5.  The number of activity units performed or

11  accomplished.

12         6.  Total expenditures for each activity, including

13  amounts paid to contractors and subordinate entities.

14  Expenditures related to administrative activities not aligned

15  with output measures must consistently be allocated to

16  activities with output measures prior to computing unit costs.

17         7.  The cost per unit for each activity, including the

18  costs allocated to contractors and subordinate entities.

19         8.  The total amount of reversions and pass-through

20  expenditures omitted from unit-cost calculations.

21  

22  At the regular session immediately following the submission of

23  the agency unit cost summary, the Legislature shall reduce in

24  the General Appropriations Act for the ensuing fiscal year, by

25  an amount equal to at least 10 percent of the allocation for

26  the fiscal year preceding the current fiscal year, the funding

27  of each state agency that fails to submit the report required

28  under this paragraph.

29         (5)  At the time specified in the legislative budget

30  instructions and in sufficient time to be included in the

31  Governor's recommended budget, the judicial branch is required

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 1  to submit a performance-based program budget request. The

 2  Chief Justice of the Supreme Court shall identify and, after

 3  consultation with the Office of Program Policy Analysis and

 4  Government Accountability, submit to the President of the

 5  Senate and the Speaker of the House of Representatives a list

 6  of proposed programs and associated performance measures. The

 7  judicial branch shall provide documentation to accompany the

 8  list of proposed programs and performance measures as provided

 9  under subsection (4). The judicial branch shall submit a

10  performance-based program agency budget request using the

11  programs and performance measures adopted by the Legislature.

12  The Chief Justice may propose revisions to approved programs

13  or performance measures for the judicial branch. The

14  Legislature shall have final approval of all programs and

15  associated performance measures and standards for the judicial

16  branch through the General Appropriations Act or legislation

17  implementing the General Appropriations Act. By September 15,

18  2001, the Chief Justice of the Supreme Court shall submit to

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

20  Representatives a performance-based program budget request for

21  programs of the judicial branch approved by the Legislature

22  and provide a copy to the Executive Office of the Governor.

23         (5)(6)  Agencies must maintain a comprehensive

24  performance accountability system and provide a list of

25  performance measures maintained by the agency which are in

26  addition to the measures approved by the Legislature.

27         (6)(7)  Annually, by June 30, executive agencies shall

28  submit to the Executive Office of the Governor adjustments to

29  their performance standards based on the amounts appropriated

30  for each program by the Legislature. When such an adjustment

31  is made, all performance standards, including any adjustments

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 1  made, shall be reviewed and revised as necessary by the

 2  Executive Office of the Governor and, upon approval, submitted

 3  to the Legislature pursuant to the review and approval process

 4  provided in s. 216.177. The Senate and the House of

 5  Representatives appropriations committees Senate Committee on

 6  Fiscal Policy and the House of Representatives Fiscal

 7  Responsibility Council shall advise Senate substantive

 8  committees and House of Representatives substantive

 9  committees, respectively, of all adjustments made to

10  performance standards or measures. The Executive Office of the

11  Governor shall maintain both the official record of

12  adjustments to the performance standards as part of the

13  agency's approved operating budget and the official

14  performance ledger. As used in this section, the term

15  "official record" "performance ledger" means the official

16  compilation of information about state agency

17  performance-based programs and measures, including approved

18  programs, approved outputs and outcomes, baseline data,

19  approved standards for each performance measure and any

20  approved adjustments thereto, as well as actual agency

21  performance for each measure.

22         (7)(8)  As a part of the legislative budget request,

23  the head of each state agency and the Chief Justice of the

24  Supreme Court for the judicial branch shall include an

25  inventory of all litigation in which the agency is involved

26  that may require additional appropriations to the agency, that

27  may significantly affect revenues received or anticipated to

28  be received by the state, or that may require or amendments to

29  the law under which the agency operates.  No later than March

30  1 following the submission of the legislative budget request,

31  the head of the state agency and the Chief Justice of the

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 1  Supreme Court shall provide an update of any additions or

 2  changes to the inventory.  Such inventory shall include

 3  information specified annually in the legislative budget

 4  instructions.

 5         (8)(9)  Annually, by June 30, the judicial branch shall

 6  make adjustments to any performance standards for approved

 7  programs based on the amount appropriated for each program,

 8  which shall be submitted to the Legislature pursuant to the

 9  notice and review process provided in s. 216.177. The Senate

10  and the House of Representatives appropriations committees

11  Senate Committee on Fiscal Policy and the House Fiscal

12  Responsibility Council shall advise Senate substantive

13  committees and House substantive committees, respectively, of

14  all adjustments made to performance standards or measures.

15         (9)(10)  The Executive Office of the Governor shall

16  review the legislative budget request for technical compliance

17  with the budget format provided for in the budget

18  instructions. The Executive Office of the Governor shall

19  notify the agency or the judicial branch of any adjustment

20  required. The agency or judicial branch shall make the

21  appropriate corrections as requested. If the appropriate

22  technical corrections are not made as requested, the Executive

23  Office of the Governor shall adjust the budget request to

24  incorporate the appropriate technical corrections in the

25  format of the request.

26         (10)(11)  At any time after the Governor submits his or

27  her and the Chief Justice submit their recommended budget

28  budgets to the Legislature, the head of the agency or judicial

29  branch may amend his or her request by transmitting to the

30  Governor and the Legislature an amended request in the form

31  and manner prescribed in the legislative budget instructions.

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 1         (11)(12)  The legislative budget request from each

 2  agency and from the judicial branch shall be reviewed by the

 3  Legislature. The review may allow for the opportunity to have

 4  information or testimony by the agency, the judicial branch,

 5  the Auditor General, the Office of Program Policy Analysis and

 6  Government Accountability, the Governor's Office of Planning

 7  and Budgeting, and the public regarding the proper level of

 8  funding for the agency in order to carry out its mission.

 9         (12)(13)  In order to ensure an integrated state

10  planning and budgeting process, the agency long-range plan

11  should be reviewed by the Legislature.

12         Section 14.  Section 216.031, Florida Statutes, is

13  amended to read:

14         216.031  Target budget request.--Either chair of a

15  legislative appropriations committee, or the Executive Office

16  of the Governor for state agencies, may require the agency or

17  the Chief Justice to address major issues separate from those

18  outlined in s. 216.023, this section, and s. 216.043 for

19  inclusion in the requests of the agency or of the judicial

20  branch.  The issues shall be submitted to the agency no later

21  than July 30 of each year and shall be displayed in its

22  requests as provided in the budget instructions.  The

23  Executive Office of the Governor may request an agency, or the

24  chair of an the appropriations committee committees of the

25  Senate or the House of Representatives may request any agency

26  or the judicial branch, to submit no later than September 30

27  of each year a budget plan with respect to targets established

28  by the Governor or either chair. The target budget shall

29  require each entity to establish an order of priorities for

30  its budget issues and may include requests for multiple

31  options for the budget issues.  The target budget may also

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 1  require each entity to submit a program budget or a

 2  performance-based budget in the format prescribed by the

 3  Executive Office of the Governor or either chair; provided,

 4  however, The target budget format shall be compatible with the

 5  planning and budgeting system requirements set out in s.

 6  216.141. Such a request shall not influence the agencies' or

 7  judicial branch's independent judgment in making legislative

 8  budget requests, as required by law.

 9         Section 15.  Subsections (2), (3), (8), and (9) of

10  section 216.052, Florida Statutes, are repealed.

11         Section 16.  Subsection (5) of section 216.053, Florida

12  Statutes, is repealed.

13         Section 17.  Section 216.065, Florida Statutes, is

14  amended to read:

15         216.065  Fiscal impact statements on actions affecting

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

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

18  body, performing any constitutional or statutory duty, or

19  before any state agency or statutorily authorized entity takes

20  take any final action that will affect revenues, directly

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

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

23  year funds, it they shall first provide the legislative

24  appropriations committees with a fiscal impact statement that

25  details the effects of such action on the budget. The fiscal

26  impact statement must specify the estimated budget and revenue

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

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

29  budget request, including amounts by appropriation category

30  and fund.

31  

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 1         Section 18.  Subsection (3) is added to section

 2  216.081, Florida Statutes, to read:

 3         216.081  Data on legislative and judicial branch

 4  expenses.--

 5         (3)  If the Governor does not receive timely estimates

 6  of the financial needs of the legislative branch, the

 7  Governor's recommended budget must include the amounts

 8  appropriated and budget entity structure established in the

 9  most recent General Appropriations Act.

10         Section 19.  Subsection (1) of section 216.133, Florida

11  Statutes, is amended to read:

12         216.133  Definitions; ss. 216.133-216.137.--As used in

13  ss. 216.133-216-137;

14         (1)  "Consensus estimating conference" includes the

15  Economic Estimating Conference, the Demographic Estimating

16  Conference, the Revenue Estimating Conference, the Education

17  Estimating Conference, the Criminal Justice Estimating

18  Conference, the Juvenile Justice Estimating Conference, the

19  Child Welfare System Estimating Conference, the Occupational

20  Forecasting Conference, the Early Learning Programs Estimating

21  Conference, the Self-Insurance Estimating Conference, the

22  Florida Retirement System Actuarial Assumption Conference, and

23  the Social Services Estimating Conference.

24         Section 20.  Subsections (4) and (5) of section

25  216.134, Florida Statutes, are amended to read:

26         216.134  Consensus estimating conferences; general

27  provisions.--

28         (4)  The consensus estimating conferences are within

29  the legislative branch. The membership of each consensus

30  estimating conference consists of principals and participants.

31  

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 1         (a)  A person designated by law as a principal may

 2  preside over conference sessions, convene conference sessions,

 3  request information, specify topics to be included on the

 4  conference agenda, agree or withhold agreement on whether

 5  information is to be official information of the conference,

 6  release official information of the conference, interpret

 7  official information of the conference, and monitor errors in

 8  official information of the conference.

 9         (b)  A participant is any person who is invited to

10  participate in the consensus estimating conference by a

11  principal. A participant shall, at the request of any

12  principal before or during any session of the conference,

13  develop alternative forecasts, collect and supply data,

14  perform analyses, or provide other information needed by the

15  conference. The conference shall consider information provided

16  by participants in developing its official information.

17         (5)  All sessions and meetings of a consensus

18  estimating conference where official information is adopted

19  shall be noticed and open to the public as provided in chapter

20  286. The President of the Senate and the Speaker of the House

21  of Representatives, jointly, shall be the sole judge for the

22  interpretation, implementation, and enforcement of the

23  subsection.

24         Section 21.  Subsections (7), (8), (9), (10), (11), and

25  (12) of section 216.136, Florida Statutes, as amended by

26  section 7 of chapter 2004-484, Laws of Florida, are amended to

27  read:

28         216.136  Consensus estimating conferences; duties and

29  principals.--

30         (7)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--

31  

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 1         (a)  Duties.--The Child Welfare System Estimating

 2  Conference shall develop such official information relating to

 3  the child welfare system of the state, including forecasts of

 4  child welfare caseloads, as the conference determines is

 5  needed for the state planning and budgeting system. Such

 6  official information may include, but is not limited to:

 7         1.  Estimates and projections of the number of initial

 8  and additional reports of child abuse, abandonment, or neglect

 9  made to the central abuse hotline maintained by the Department

10  of Children and Family Services as established in s.

11  39.201(4). Projections may take into account other factors

12  that may influence the number of future reports to the abuse

13  hotline.

14         2.  Estimates and projections of the number of children

15  who are alleged to be victims of child abuse, abandonment, or

16  neglect and are in need of emergency shelter, foster care,

17  residential group care, adoptive services, or other

18  appropriate care.

19  

20  In addition, the conference shall develop other official

21  information relating to the child welfare system of the state

22  which the conference determines is needed for the state

23  planning and budgeting system.  The Department of Children and

24  Family Services shall provide information on the child welfare

25  system requested by the Child Welfare System Estimating

26  Conference, or individual conference principals, in a timely

27  manner.

28         (b)  Principals.--The Executive Office of the Governor,

29  the coordinator of the Office of Economic and Demographic

30  Research, and professional staff who have forecasting

31  expertise from the Department of Children and Family Services,

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 1  the Senate, and the House of Representatives, or their

 2  designees, are the principals of the Child Welfare System

 3  Estimating Conference. The principal representing the

 4  Executive Office of the Governor shall preside over sessions

 5  of the conference.

 6         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

 7         (a)  Duties.--The Juvenile Justice Estimating

 8  Conference shall develop such official information relating to

 9  the juvenile justice system of the state as is determined by

10  the conference principals to be needed for the state planning

11  and budgeting system.  This information shall include, but is

12  not limited to:  estimates of juvenile delinquency caseloads

13  and workloads; estimates for secure, nonsecure, and home

14  juvenile detention placements; estimates of workloads in the

15  juvenile sections in the offices of the state attorneys and

16  public defenders; estimates of mental health and substance

17  abuse treatment relating to juveniles; and such other

18  information as is determined by the conference principals to

19  be needed for the state planning and budgeting system.

20         (b)  Principals.--The Executive Office of the Governor,

21  the Office of Economic and Demographic Research, and

22  professional staff who have forecasting expertise from the

23  Department of Juvenile Justice, the Department of Children and

24  Family Services Substance Abuse and Mental Health Program

25  Offices, the Department of Law Enforcement, the Senate

26  Appropriations Committee staff, the House of Representatives

27  Appropriations Committee staff, or their designees, are the

28  principals of the Juvenile Justice Estimating Conference. The

29  responsibility of presiding over sessions of the conference

30  shall be rotated among the principals. To facilitate policy

31  

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 1  and legislative recommendations, the conference may call upon

 2  the appropriate legislative staff.

 3         (7)(9)  WORKFORCE ESTIMATING CONFERENCE.--

 4         (a)  Duties.--

 5         1.  The Workforce Estimating Conference shall develop

 6  such official information on the workforce development system

 7  planning process as it relates to the personnel needs of

 8  current, new, and emerging industries as the conference

 9  determines is needed by the state planning and budgeting

10  system. Such information, using quantitative and qualitative

11  research methods, must include at least:  short-term and

12  long-term forecasts of employment demand for jobs by

13  occupation and industry; entry and average wage forecasts

14  among those occupations; and estimates of the supply of

15  trained and qualified individuals available or potentially

16  available for employment in those occupations, with special

17  focus upon those occupations and industries which require high

18  skills and have high entry wages and experienced wage levels.

19  In the development of workforce estimates, the conference

20  shall use, to the fullest extent possible, local occupational

21  and workforce forecasts and estimates.

22         2.  The Workforce Estimating Conference shall review

23  data concerning the local and regional demands for short-term

24  and long-term employment in High-Skills/High-Wage Program

25  jobs, as well as other jobs, which data is generated through

26  surveys conducted as part of the state's Internet-based job

27  matching and labor market information system authorized under

28  s. 445.011. The conference shall consider such data in

29  developing its forecasts for statewide employment demand,

30  including reviewing the local and regional data for common

31  trends and conditions among localities or regions which may

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 1  warrant inclusion of a particular occupation on the statewide

 2  occupational forecasting list developed by the conference.

 3  Based upon its review of such survey data, the conference

 4  shall also make recommendations semiannually to Workforce

 5  Florida, Inc., on additions or deletions to lists of locally

 6  targeted occupations approved by Workforce Florida, Inc.

 7         3.  During each legislative session, and at other times

 8  if necessary, the Workforce Estimating Conference shall meet

 9  as the Workforce Impact Conference for the purpose of

10  determining the effects of legislation related to the state's

11  workforce and economic development efforts introduced prior to

12  and during such legislative session.  In addition to the

13  designated principals of the impact conference, nonprincipal

14  participants of the impact conference shall include a

15  representative of the Florida Chamber of Commerce and other

16  interested parties. The impact conference shall use both

17  quantitative and qualitative research methods to determine the

18  impact of introduced legislation related to workforce and

19  economic development issues.

20         4.  Notwithstanding subparagraph 3., the Workforce

21  Estimating Conference, for the purposes described in

22  subparagraph 1., shall meet no less than 2 times in a calendar

23  year.  The first meeting shall be held in February and the

24  second meeting shall be held in August. Other meetings may be

25  scheduled as needed.

26         (b)  Principals.--The Commissioner of Education, the

27  Executive Office of the Governor, the director of the Office

28  of Tourism, Trade, and Economic Development, the director of

29  the Agency for Workforce Innovation, the executive director of

30  the Commission for Independent Education, the Chancellor of

31  the State University System, the chair of Workforce Florida,

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 1  Inc., the coordinator of the Office of Economic and

 2  Demographic Research, or their designees, and professional

 3  staff from the Senate and the House of Representatives who

 4  have forecasting and substantive expertise, are the principals

 5  of the Workforce Estimating Conference. In addition to the

 6  designated principals of the conference, nonprincipal

 7  participants of the conference shall include a representative

 8  of the Florida Chamber of Commerce and other interested

 9  parties. The principal representing the Executive Office of

10  the Governor shall preside over the sessions of the

11  conference.

12         (8)(10)  EARLY LEARNING PROGRAMS ESTIMATING

13  CONFERENCE.--

14         (a)  Duties.--

15         1.  The Early Learning Programs Estimating Conference

16  shall develop estimates and forecasts of the unduplicated

17  count of children eligible for school readiness programs in

18  accordance with the standards of eligibility established in s.

19  411.01(6), and of children eligible for the Voluntary

20  Prekindergarten Education Program in accordance with s.

21  1002.53(2), as the conference determines are needed to support

22  the state planning, budgeting, and appropriations processes.

23         2.  The Agency for Workforce Innovation shall provide

24  information on needs and waiting lists for school readiness

25  programs, and information on the needs of the Voluntary

26  Prekindergarten Education Program, as requested by the Early

27  Learning Programs Estimating Conference or individual

28  conference principals in a timely manner.

29         (b)  Principals.--The Executive Office of the Governor,

30  the Director of Economic and Demographic Research, and

31  professional staff who have forecasting expertise from the

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 1  Agency for Workforce Innovation, the Department of Children

 2  and Family Services, the Department of Education, the Senate,

 3  and the House of Representatives, or their designees, are the

 4  principals of the Early Learning Programs Estimating

 5  Conference. The principal representing the Executive Office of

 6  the Governor shall preside over sessions of the conference.

 7         (9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--

 8         (a)  Duties.--The Self-Insurance Estimating Conference

 9  shall develop such official information on self-insurance

10  related issues as the conference determines is needed by the

11  state planning and budgeting system.

12         (b)  Principals.--The Executive Office of the Governor,

13  the coordinator of the Office of Economic and Demographic

14  Research, and professional staff directors of the committees

15  of the Senate and the House of Representatives who have

16  forecasting and substantive experience which have primary

17  responsibility for legislation dealing with taxation, or their

18  designees, are the principals of the Self-Insurance Estimating

19  Conference. The responsibility of presiding over sessions of

20  the conference shall be rotated among the principals.

21         (10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL

22  ASSUMPTION CONFERENCE.--

23         (a)  Duties.--The Florida Retirement System Actuarial

24  Assumption Conference shall develop official information with

25  respect to the economic and noneconomic assumptions and

26  funding methods of the Florida Retirement System necessary to

27  perform the system actuarial study undertaken pursuant to s.

28  121.031(3). Such information shall include:  an analysis of

29  the actuarial assumptions and actuarial methods used in the

30  study and a determination of whether changes to the

31  

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 1  assumptions or methods need to be made due to experience

 2  changes or revised future forecasts.

 3         (b)  Principals.--The Executive Office of the Governor,

 4  the coordinator of the Office of Economic and Demographic

 5  Research, and professional staff of the Senate and House of

 6  Representatives who have forecasting and substantive

 7  expertise, or their designees, are the principals of the

 8  Florida Retirement System Actuarial Assumption Conference. The

 9  Executive Office of the Governor shall have the responsibility

10  of presiding over the sessions of the conference. The State

11  Board of Administration and the Division of Retirement shall

12  be participants in the conference.

13         Section 22.  Subsection (1) of section 216.162, Florida

14  Statutes, is amended to read:

15         216.162  Governor's recommended budget to be furnished

16  Legislature; copies to members.--

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

18  legislative session, the Governor shall furnish each senator

19  and representative a copy of his or her recommended balanced

20  budget for the state, based on the Governor's own conclusions

21  and judgment; provided, however, that in his or her first year

22  in office a new Governor may request, subject to approval of

23  the President of the Senate and the Speaker of the House of

24  Representatives, that his or her recommended balanced budget

25  be submitted at a later time prior to the Governor's first

26  regular legislative session.

27         Section 23.  Subsections (1), (2), (3), and (4) of

28  section 216.167, Florida Statutes, are amended to read:

29         216.167  Governor's recommendations.--The Governor's

30  recommendations shall include a financial schedule that

31  provides:

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 1         (1)  The Governor's estimate of the recommended

 2  recurring revenues available in the Budget Stabilization Fund,

 3  the Working Capital Fund, and the General Revenue Fund.

 4         (2)  The Governor's estimate of the recommended

 5  nonrecurring revenues available in the Budget Stabilization

 6  Fund, the Working Capital Fund, and the General Revenue Fund.

 7         (3)  The Governor's recommended recurring and

 8  nonrecurring appropriations from the Budget Stabilization

 9  Fund, the Working Capital Fund, and the General Revenue Fund.

10         (4)  The Governor's estimates of any interfund loans or

11  temporary obligations of the Budget Stabilization Fund, the

12  General Revenue Working Capital Fund, or trust funds, which

13  loans or obligations are needed to implement his or her

14  recommended budget.

15         Section 24.  Subsection (4) of section 216.168, Florida

16  Statutes, is amended to read:

17         216.168  Governor's amended revenue or budget

18  recommendations; optional and mandatory.--

19         (4)  If the Governor determines, at any time after he

20  or she has furnished the Legislature with his or her

21  recommendations or amended recommendations, that the revenue

22  estimates upon which the Governor's recommendations were based

23  are insufficient to fund these recommendations, the Governor

24  shall amend his or her revenues or appropriations

25  recommendations to bring the Governor's recommended budget

26  into balance.  On or after March 1, if the Governor determines

27  that there is insufficient time to provide the information for

28  the amended recommendations required in ss. 216.164 and

29  216.166, he or she shall be exempt from such requirement.

30         Section 25.  Subsections (2) and (3) of section

31  216.177, Florida Statutes, are amended to read:

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 1         216.177  Appropriations acts, statement of intent,

 2  violation, notice, review and objection procedures.--

 3         (2)(a)  Whenever notice of action to be taken by the

 4  Executive Office of the Governor or the Chief Justice of the

 5  Supreme Court is required by this chapter, such notice shall

 6  be given to the chair and vice chair of the Legislative Budget

 7  Commission in writing, and shall be delivered at least 14 days

 8  prior to the action referred to, unless a shorter period is

 9  approved in writing by the chair and vice chair. If the action

10  is solely for the release of funds appropriated by the

11  Legislature, the notice shall be delivered at least 3 days

12  before the effective date of the action. Action shall not be

13  taken on any budget item for which this chapter requires

14  notice to the Legislative Budget Commission or the

15  appropriations committees without such notice having been

16  provided, even though there may be good cause for considering

17  such item.

18         (b)  If the chair and vice chair of the Legislative

19  Budget Commission or the President of the Senate and the

20  Speaker of the House of Representatives timely advise, in

21  writing, the Executive Office of the Governor or the Chief

22  Justice of the Supreme Court that an action or a proposed

23  action, including any expenditure of funds resulting from the

24  settlement of litigation involving a state agency or officer,

25  whether subject to the notice and review requirements of this

26  chapter or not, exceeds the delegated authority of the

27  Executive Office of the Governor for the executive branch or

28  the Chief Justice for the judicial branch, respectively, or is

29  contrary to legislative policy and intent, the Governor or the

30  Chief Justice of the Supreme Court shall void such action and

31  instruct the affected state agency or entity of the judicial

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 1  branch to change immediately its spending action or spending

 2  proposal until the Legislative Budget Commission or the

 3  Legislature addresses the issue.  The written documentation

 4  shall indicate the specific reasons that an action or proposed

 5  action exceeds the delegated authority or is contrary to

 6  legislative policy and intent.

 7         (c)  The House of Representatives and the Senate shall

 8  provide by rule that any member of the House of

 9  Representatives or Senate may request, in writing, of either

10  the President of the Senate or the Speaker of the House of

11  Representatives to initiate the procedures of paragraph (b).

12         (3)  The Legislature may annually specify any

13  incentives and disincentives for agencies operating programs

14  under performance-based program budgets pursuant to this

15  chapter in the General Appropriations Act or legislation

16  implementing the General Appropriations Act.

17         Section 26.  Subsections (1), (2), (4), (6), (8), (9),

18  (10), (12), and (16) of section 216.181, Florida Statutes, are

19  amended to read:

20         216.181  Approved budgets for operations and fixed

21  capital outlay.--

22         (1)  The General Appropriations Act and any other acts

23  containing appropriations shall be considered the original

24  approved operating budgets for operational and fixed capital

25  expenditures. Amendments to the approved operating budgets for

26  operational and fixed capital outlay expenditures from state

27  agencies may be requested only through the Executive Office of

28  the Governor and approved by the Governor and the Legislative

29  Budget Commission as provided in this chapter. Amendments from

30  the judicial branch may be requested only through, and

31  approved by, the Chief Justice of the Supreme Court and must

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 1  be approved by the Chief Justice and the Legislative Budget

 2  Commission as provided in this chapter.  This includes

 3  amendments which are necessary to implement the provisions of

 4  s. 216.212 or s. 216.221.

 5         (2)  Amendments to the original approved operating

 6  budgets for operational and fixed capital outlay expenditures

 7  must comply with the following guidelines in order to be

 8  approved by the Governor and the Legislative Budget Commission

 9  as provided in this chapter for the executive branch and the

10  Chief Justice and the Legislative Budget Commission for the

11  judicial branch:

12         (a)  The amendment must be consistent with legislative

13  policy and intent.

14         (b)  The amendment may not initiate or commence a new

15  program, except as authorized by this chapter, or eliminate an

16  existing program.

17         (c)  Except as authorized in s. 216.292 or other

18  provisions of this chapter, the amendment may not provide

19  funding or increased funding for items which were funded by

20  the Legislature in an amount less than that requested by the

21  agency or Governor in the legislative budget request or

22  recommended by the Governor, or which were vetoed by the

23  Governor.

24         (d)  For amendments that involve trust funds, there

25  must be adequate and appropriate revenues available in the

26  trust fund and the amendment must be consistent with the laws

27  authorizing such trust funds and the laws relating to the use

28  of the trust funds. However, a trust fund shall not be

29  increased in excess of the original approved budget, except as

30  provided in subsection (11).

31  

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 1         (e)  The amendment shall not conflict with any

 2  provision of law.

 3         (f)  The amendment must not provide funding for any

 4  issue which was requested by the agency or branch in its

 5  legislative budget request and not funded in the General

 6  Appropriations Act.

 7         (g)  The amendment must include a written description

 8  of the purpose of the proposed change, an indication of why

 9  interim budget action is necessary, and the intended recipient

10  of any funds for contracted services.

11         (h)  The amendment must not provide general salary

12  increases which the Legislature has not authorized in the

13  General Appropriations Act or other laws.

14         (4)  To the extent possible, individual members of the

15  Senate and the House of Representatives should be advised of

16  budget amendments requested by the executive branch and

17  judicial branch.

18         (6)(a)  The Executive Office of the Governor or the

19  Chief Justice of the Supreme Court may require the submission

20  of a detailed plan from the agency or entity of the judicial

21  branch affected, consistent with the General Appropriations

22  Act, special appropriations acts, and statements the statement

23  of intent before transferring and releasing the balance of a

24  lump-sum appropriation. The provisions of this paragraph are

25  subject to the notice and review procedures set forth in s.

26  216.177.

27         (b)  The Executive Office of the Governor and the Chief

28  Justice of the Supreme Court may amend, without approval of

29  the Legislative Budget Commission, state agency and judicial

30  branch entity budgets, respectively, to reflect the

31  transferred funds and to provide the associated increased

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 1  salary rate based on the approved plans for lump-sum

 2  appropriations. This paragraph is subject to the notice and

 3  review procedures set forth in s. 216.177.

 4  

 5  The Executive Office of the Governor shall transmit to each

 6  state agency and the Chief Financial Officer, and the Chief

 7  Justice shall transmit to each judicial branch component and

 8  the Chief Financial Officer, any approved amendments to the

 9  approved operating budgets.

10         (8)  As part of the approved operating budget, the

11  Executive Office of the Governor shall furnish to each state

12  agency, and the Chief Justice of the Supreme Court shall

13  furnish to the entity of the judicial branch, an approved

14  annual salary rate for each budget entity containing a salary

15  appropriation. This rate shall be based upon the actual salary

16  rate and shall be consistent with the General Appropriations

17  Act or special appropriations acts.  The annual salary rate

18  shall be:

19         (a)  Determined by Calculated based on the actual

20  salary rate in effect on June 30, and the salary policy and

21  the number of authorized positions as specified in the General

22  Appropriations Act and adjusted for reorganizations authorized

23  by law, for any other appropriations made by law, and, subject

24  to s. 216.177, for distributions of lump-sum appropriations

25  and administered funds special appropriations acts, or as

26  provided pursuant to s. 216.177.

27         (b)  Controlled by the budget entity department or

28  agency; except for the Department of Education, which shall be

29  controlled by division and for the judicial branch, which

30  shall be controlled at the branch level.

31         (c)  Assigned to the number of authorized positions.

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 1         (9)(a)  The calculation for the annual salary rate for

 2  vacant and newly authorized positions shall be at no more than

 3  the midpoint of the range of the pay grade for the position or

 4  as provided in the General Appropriations Act.

 5         (b)  No agency or the judicial branch may exceed its

 6  maximum approved annual salary rate for the fiscal year.

 7  However, at any time during the fiscal year, an agency or

 8  entity of the judicial branch may exceed its approved rate for

 9  all budget entities by no more than 5 percent, provided that,

10  by June 30 of every fiscal year, the agency or entity of the

11  judicial branch has reduced its salary rate so that the salary

12  rate for each budget entity is within the approved rate limit

13  for that budget entity.

14         (10)(a)  The Legislative Budget Commission Executive

15  Office of the Governor and the Chief Justice of the Supreme

16  Court may authorize increases or decreases in increase or

17  decrease the approved salary rate for positions for the

18  purpose of implementing the General Appropriations Act,

19  special appropriations acts, and actions pursuant to s.

20  216.262 consistent with legislative intent and policy. Other

21  adjustments to approved salary rate must be approved by the

22  Legislative Budget Commission pursuant to the request of the

23  agency filed with the Executive Office of the Governor or

24  pursuant to the request of an entity of the judicial branch

25  filed with the Chief Justice of the Supreme Court, if deemed

26  necessary and in the best interest of the state and consistent

27  with legislative policy and intent. The provisions of this

28  paragraph are subject to the notice and review procedures set

29  forth in s. 216.177.

30  

31  

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 1         (b)  Lump-sum salary bonuses may be provided only if

 2  specifically appropriated or provided pursuant to s. 110.1245

 3  or s. 216.1815.

 4         (c)  State agencies and the judicial branch shall

 5  report, each fiscal quarter, the number of filled positions,

 6  the number of vacant positions, and the salary rate associated

 7  with each category to the Legislative Budget Commission in a

 8  form and manner prescribed by the commission.

 9         (12)(a)  There is established appropriated nonoperating

10  budget authority for refunds, payments to the United States

11  Treasury, payments of the service charge to the General

12  Revenue Fund, and transfers of funds specifically required by

13  law. Such authorized budget authority, together with related

14  releases, shall be transmitted by the state agency or by the

15  judicial branch to the Chief Financial Officer for entry in

16  his or her records in the manner and format prescribed by the

17  Executive Office of the Governor in consultation with the

18  Chief Financial Officer. A copy of such authorized budget

19  authority budgets shall be furnished to the Executive Office

20  of the Governor or the Chief Justice, the chairs of the

21  legislative committees responsible for developing the general

22  appropriations acts, and the Auditor General. Notwithstanding

23  the duty specified for each state agency in s. 17.61(3), the

24  Governor may withhold approval of nonoperating investment

25  authority for certain trust funds when deemed in the best

26  interest of the state.

27         (b)  The Governor for the executive branch, and the

28  Chief Justice for the judicial branch, may establish budget

29  authority pursuant to this subsection, with the approval of

30  the chairs of the legislative committees responsible for

31  developing the general appropriations acts, nonoperating

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 1  budgets for transfers, purchase of investments, special

 2  expenses, distributions, and any other nonoperating budget

 3  authority categories they deem necessary and in the best

 4  interest of the state and consistent with legislative intent

 5  and policy. Other budget authority may include The provisions

 6  of this subsection are subject to the notice, review, and

 7  objection procedures set forth in s. 216.177. For purposes of

 8  this section, the term "nonoperating budgets" means

 9  nonoperating disbursement authority for purchase of

10  investments, refunds, payments to the United States Treasury,

11  transfers of funds specifically required by law, distributions

12  of assets held by the state in a trustee capacity as an agent

13  of fiduciary, and special expenses, and other nonoperating

14  budget categories as determined necessary by the Executive

15  Office of the Governor, not otherwise appropriated in the

16  General Appropriations Act.

17         (c)  All budget actions taken pursuant to this

18  subsection are subject to the procedures for notice, review,

19  and objection set forth in s. 216.177.

20         (16)(a)  Funds provided in any specific appropriation

21  in the General Appropriations Act may be advanced if the

22  General Appropriations Act specifically so provides.

23         (b)  Any agency, or the judicial branch, that has been

24  authorized by the General Appropriations Act or expressly

25  authorized by other law to make advances for program startup

26  or advances for contracted services, in total or periodically,

27  shall limit such disbursements to other governmental entities

28  and not-for-profit corporations.  The amount that which may be

29  advanced shall not exceed the expected cash needs of the

30  contractor or recipient within the initial 3 months.

31  Thereafter, disbursements shall only be made on a

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 1  reimbursement basis.  Any agreement that provides for

 2  advancements may contain a clause that permits the contractor

 3  or recipient to temporarily invest the proceeds, provided that

 4  any interest income shall either be returned to the agency or

 5  be applied against the agency's obligation to pay the contract

 6  amount.  This paragraph does not constitute lawful authority

 7  to make any advance payment not otherwise authorized by laws

 8  relating to a particular agency or general laws relating to

 9  the expenditure or disbursement of public funds. The Chief

10  Financial Officer may, after consultation with the legislative

11  appropriations committees, advance funds beyond a 3-month

12  requirement if it is determined to be consistent with the

13  intent of the approved operating budget.

14         (c)  Unless specifically prohibited in the General

15  Appropriations Act, funds appropriated to the Department of

16  Children and Family Services and the Department of Health may

17  be advanced for those contracted services that were approved

18  for advancement by the Comptroller in fiscal year 1993-1994,

19  including those services contracted on a fixed-price or

20  unit-cost basis.

21         Section 27.  Sections 216.1825 and 216.183, Florida

22  Statutes, are repealed.

23         Section 28.  Section 216.192, Florida Statutes, is

24  amended to read:

25         216.192  Release of appropriations; revision of

26  budgets.--

27         (1)(a)  Unless otherwise provided in the General

28  Appropriations Act, on July 1 of each fiscal year, up to 25

29  percent of the original approved operating budget of each

30  agency and of the judicial branch may be released until such

31  time as annual plans for quarterly releases for all

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 1  appropriations have been developed, approved, and furnished to

 2  the Chief Financial Officer by the Executive Office of the

 3  Governor for state agencies and by the Chief Justice of the

 4  Supreme Court for the judicial branch.  The plans, including

 5  appropriate plans of releases for fixed capital outlay

 6  projects that correspond with each project schedule, shall

 7  attempt to maximize the use of trust funds and shall be

 8  transmitted to the Chief Financial Officer by August 1 of each

 9  fiscal year. Such releases shall at no time exceed the total

10  appropriations available to a state agency or to the judicial

11  branch, or the approved budget for such agency or the judicial

12  branch if less. The Chief Financial Officer shall enter such

13  releases in his or her records in accordance with the release

14  plans prescribed by the Executive Office of the Governor and

15  the Chief Justice, unless otherwise amended as provided by

16  law. The Executive Office of the Governor and the Chief

17  Justice shall transmit a copy of the approved annual releases

18  to the head of the state agency, the chair and vice chair of

19  the Legislative Budget Commission, and the Auditor General.

20  The Chief Financial Officer shall authorize all expenditures

21  to be made from the appropriations on the basis of such

22  releases and in accordance with the approved budget, and not

23  otherwise. Expenditures shall be authorized only in accordance

24  with legislative authorizations. Nothing herein precludes

25  periodic reexamination and revision by the Executive Office of

26  the Governor or by the Chief Justice of the annual plans for

27  release of appropriations and the notifications of the parties

28  of all such revisions.

29         (b)  For information technology projects designated in

30  the General Appropriations Act, a detailed operational work

31  plan must be approved by the Executive Office of the Governor

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 1  for executive branch agencies and the Chief Justice for

 2  judicial branch entities, in consultation with the legislative

 3  appropriations committees, prior to the release or transfer of

 4  funds or positions, or the increase of spending authority.

 5  Each agency shall submit a detailed operational work plan to

 6  the chairs of the legislative appropriations committees and

 7  the Executive Office of the Governor for executive branch

 8  agencies and the Chief Justice for judicial branch entities.

 9  The operational work plan shall include the following

10  components:

11         1.  A project charter that describes the business

12  objectives and expected outcomes to be attained and specifies

13  planned project milestones and deliverables.

14         2.  A work breakdown structure that summarizes all

15  tasks required to complete the project.

16         3.  A resource-loaded project schedule and a spending

17  plan.

18         4.  A description of the project organization and the

19  roles and responsibilities of the project participants.

20         5.  A description of the processes and procedures that

21  will be used to identify and manage the project's risks and to

22  manage changes in the requirements of the project.

23  

24  Upon approval of the operational work plan, the agency is

25  authorized to request the release of funds and positions

26  pursuant to chapter 216 and in a manner consistent with the

27  spending plan component of the operational work plan.  Funds

28  or positions released for the information technology project

29  may not exceed the amount identified in the approved

30  operational work plan. Operational work plans shall be updated

31  as required in the General Appropriations Act.

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 1         (c)  The agency shall submit to the chairs of the

 2  legislative appropriations committees and to the Executive

 3  Office of the Governor for executive branch agencies, or the

 4  Chief Justice for judicial entities branch, project status

 5  reports comparing the planned progress of the project as

 6  specified in the operational work plan versus the actual

 7  progress made to date, the actual completion dates, and the

 8  actual costs incurred. The status reports shall also describe

 9  the planned project milestones, deliverables, and expenditures

10  for the next reporting period; the current issues requiring

11  resolution; and the project risks that are being actively

12  managed and the actions being taken to mitigate the risks.

13         (d)  Operational work plans and project status reports

14  shall comply with the standards for these documents that are

15  jointly developed and published annually by the State

16  Technology Office and the Technology Review Workgroup. The

17  General Appropriations Act shall specify the frequency of

18  operational work plans and status reports required for

19  designated information technology projects.

20         (2)  Any department under the direct supervision of a

21  member of the Cabinet or of a board consisting of the Governor

22  and members of the Cabinet which contends that the plan for

23  releases of funds appropriated to it is contrary to the

24  approved operating budget shall have the right to have the

25  issue reviewed by the Administration Commission which shall

26  decide such issue by majority vote.  The appropriations

27  committees of the Legislature may advise the Administration

28  Commission on the issue.

29         (3)  The Executive Office of the Governor shall make

30  releases within the amounts appropriated and as requested for

31  all appropriations to the legislative branch, and the

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 1  provisions of subsections (1) and (2) shall not apply to the

 2  legislative branch.

 3         (4)  The legislative appropriations committees may

 4  advise the Chief Financial Officer, the Executive Office of

 5  the Governor, or the Chief Justice relative to the release of

 6  any funds under this section.

 7         (4)(5)  The annual plans of releases authorized by this

 8  section may be considered by the Revenue Estimating Conference

 9  in preparation of the statement of financial outlook.

10         (5)  In order to implement directives contained in the

11  General Appropriations Act or to prevent deficits pursuant to

12  s. 216.221, the Executive Office of the Governor for the

13  executive branch and the Chief Justice for the judicial branch

14  may place appropriations in budget reserve or mandatory

15  reserve.

16         (6)  All budget actions taken pursuant to the

17  provisions of this section are subject to the notice and

18  review procedures set forth in s. 216.177.

19         Section 29.  Section 216.195, Florida Statutes, is

20  amended to read:

21         216.195  Impoundment of funds; restricted.--The

22  Executive Office of the Governor, the Chief Justice of the

23  Supreme Court, any member of the Cabinet, or any state agency

24  shall not impound any appropriation except as necessary to

25  avoid or eliminate a deficit pursuant to the provisions of s.

26  216.221.  As used in this section, the term "impoundment"

27  means the omission of any appropriation or part of an

28  appropriation in the approved operating plan prepared pursuant

29  to s. 216.181 or in the schedule of releases prepared pursuant

30  to s. 216.192 or the failure of any state agency or the

31  judicial branch to spend an appropriation for the stated

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 1  purposes authorized in the approved operating budget. The

 2  provisions of this section are subject to the notice and

 3  review procedures of s. 216.177.  The Governor or either house

 4  of the Legislature may seek judicial review of any action or

 5  proposed action which violates the provisions of this section.

 6         Section 30.  Subsections (2), (3), (5), (7), (9), and

 7  (10) of section 216.221, Florida Statutes, are amended to

 8  read:

 9         216.221  Appropriations as maximum appropriations;

10  adjustment of budgets to avoid or eliminate deficits.--

11         (2)  The Legislature may annually provide direction in

12  the General Appropriations Act regarding use of any state

13  funds the Budget Stabilization Fund and Working Capital Fund

14  to offset General Revenue Fund deficits.

15         (3)  For purposes of preventing a deficit in the

16  General Revenue Fund, all branches and agencies of government

17  that receive General Revenue Fund appropriations shall

18  participate in deficit reduction efforts.  Absent specific

19  legislative direction in the General Appropriations Act, when

20  budget reductions are required in order to prevent a deficit

21  under the provisions of subsection (7), each branch shall

22  reduce its General Revenue Fund appropriations by a

23  proportional amount.

24         (5)(a)  If, in the opinion of the Governor, after

25  consultation with the Revenue Estimating Conference, a deficit

26  will occur in the General Revenue Fund, he or she shall so

27  certify to the commission and to the Chief Justice of the

28  Supreme Court.  No more than 30 days after certifying that a

29  deficit will occur in the General Revenue Fund, the Governor

30  shall develop for the executive branch, and the Chief Justice

31  of the Supreme Court shall develop for the judicial branch,

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 1  and provide to the commission and to the Legislature plans of

 2  action to eliminate the deficit.

 3         (b)  If, in the opinion of the President of the Senate

 4  and the Speaker of the House of Representatives, after

 5  consultation with the Revenue Estimating Conference, a deficit

 6  will occur in the General Revenue Fund and the Governor has

 7  not certified the deficit, the President of the Senate and the

 8  Speaker of the House of Representatives shall so certify.

 9  Within 30 days after such certification, the Governor shall

10  develop for the executive branch and the Chief Justice of the

11  Supreme Court shall develop for the judicial branch, and

12  provide to the commission and to the Legislature, plans of

13  action to eliminate the deficit.

14         (c)(b)  In developing a plan of action to prevent

15  deficits in accordance with subsection (7), the Governor and

16  Chief Justice shall, to the extent possible, preserve

17  legislative policy and intent, and, absent any specific

18  direction to the contrary in the General Appropriations Act,

19  the Governor and Chief Justice shall comply with the following

20  guidelines for reductions in the approved operating budgets of

21  the executive branch and the judicial branch:

22         1.  Entire statewide programs previously established by

23  the Legislature should not be eliminated.

24         1.2.  Education budgets should not be reduced more than

25  provided for in s. 215.16(2).

26         2.3.  The use of nonrecurring funds to solve recurring

27  deficits should be minimized.

28         3.4.  Newly created programs that are not fully

29  implemented and programs with critical audits, evaluations,

30  and reviews should receive first consideration for reductions.

31  

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 1         4.5.  No agencies or branches of government receiving

 2  appropriations should be exempt from reductions.

 3         5.6.  When reductions in positions are required, the

 4  focus should be initially on vacant positions.

 5         7.  Any reductions applied to all agencies and branches

 6  should be uniformly applied.

 7         6.8.  Reductions that would cause substantial losses of

 8  federal funds should be minimized.

 9         9.  To the greatest extent possible, across-the-board,

10  prorated reductions should be considered.

11         7.10.  Reductions to statewide programs should occur

12  only after review of programs that provide only local

13  benefits.

14         8.11.  Reductions in administrative and support

15  functions should be considered before reductions in

16  direct-support services.

17         9.12.  Maximum reductions should be considered in

18  budgets for expenses including travel and in budgets for

19  equipment replacement, outside consultants, and contracts.

20         10.13.  Reductions in salaries for elected state

21  officials should be considered.

22         11.14.  Reductions that adversely affect the public

23  health, safety, and welfare should be minimized.

24         12.15.  The Budget Stabilization Fund should not be

25  reduced to a level that would impair the financial stability

26  of this state.

27         13.16.  Reductions in programs that are traditionally

28  funded by the private sector and that may be assumed by

29  private enterprise should be considered.

30  

31  

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 1         14.17.  Reductions in programs that are duplicated

 2  among state agencies or branches of government should be

 3  considered.

 4         (7)  Deficits in the General Revenue Fund that do not

 5  meet the amounts specified by subsection (6) shall be resolved

 6  by the Governor Commission for the executive branch and the

 7  Chief Justice of the Supreme Court for the judicial branch.

 8  The Governor commission and Chief Justice shall implement any

 9  directions provided in the General Appropriations Act related

10  to eliminating deficits and to reducing agency and judicial

11  branch budgets, including the use of those legislative

12  appropriations voluntarily placed in reserve.  In addition,

13  the Governor and Chief Justice commission shall implement any

14  directions in the General Appropriations Act relating to the

15  resolution of deficit situations.  When reducing state agency

16  or judicial branch budgets, the Governor commission or the

17  Chief Justice, respectively, shall use the guidelines

18  prescribed in subsection (5). The Executive Office of the

19  Governor for the commission, and the Chief Justice for the

20  judicial branch, shall implement the deficit reduction plans

21  through amendments to the approved operating budgets in

22  accordance with s. 216.181.

23         (9)  If, in the opinion of the Chief Financial Officer,

24  after consultation with the Revenue Estimating Conference, a

25  deficit will occur, he or she shall report his or her opinion

26  to the Governor, the President of the Senate, and the Speaker

27  of the House of Representatives in writing. In the event the

28  Governor does not certify a deficit, or the President of the

29  Senate and the Speaker of the House of Representatives do not

30  certify a deficit, within 10 days after the Chief Financial

31  Officer's report, the Chief Financial Officer shall report his

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 1  or her findings and opinion to the commission and the Chief

 2  Justice of the Supreme Court.

 3         (10)  When advised by the Revenue Estimating

 4  Conference, the Chief Financial Officer, or any agency

 5  responsible for a trust fund that a deficit will occur with

 6  respect to the appropriations from a specific trust fund in

 7  the current fiscal year, the Governor for the executive

 8  branch, or the Chief Justice for the judicial branch, shall

 9  develop a plan of action to eliminate the deficit. Before

10  implementing the plan of action, the Governor or the Chief

11  Justice must comply with the provisions of s. 216.177(2), and

12  actions to resolve deficits in excess of $1 million must be

13  approved by the Legislative Budget Commission. In developing

14  the plan of action, the Governor or the Chief Justice shall,

15  to the extent possible, preserve legislative policy and

16  intent, and, absent any specific directions to the contrary in

17  the General Appropriations Act, any reductions in

18  appropriations from the trust fund for the fiscal year shall

19  be prorated among the specific appropriations made from the

20  trust fund for the current fiscal year.

21         Section 31.  Subsection (2) of section 216.231, Florida

22  Statutes, is amended to read:

23         216.231  Release of certain classified

24  appropriations.--

25         (2)  The release of appropriated funds classified as

26  "deficiency" shall be approved only when a General Revenue

27  Fund appropriation for operations of a state agency or of the

28  judicial branch is inadequate because the workload or cost of

29  the operation exceeds that anticipated by the Legislature and

30  a determination has been made by the Governor commission that

31  the deficiency will result in an impairment of the activities

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 1  of an agency or of the judicial branch to the extent that the

 2  agency is unable to carry out its program as provided by the

 3  Legislature in the general appropriations acts. These funds

 4  may not be used for creation of any new agency or program, for

 5  increases of salary, or for the construction or equipping of

 6  additional buildings.

 7         Section 32.  Subsections (3), (6), and (11) of section

 8  216.235, Florida Statutes, are amended to read:

 9         216.235  Innovation Investment Program.--

10         (3)  For purposes of this section:

11         (a)  "Agency" means an official, officer, commission,

12  authority, council, committee, department, division, bureau,

13  board, section, or other unit or entity of the executive

14  branch.

15         (b)  "Commission" means the Information Resource

16  Commission.

17         (b)(c)  "Committee" means the State Innovation

18  Committee.

19         (c)(d)  "Office" means the Office of Tourism, Trade,

20  and Economic Development within the Executive Office of the

21  Governor.

22         (d)(e)  "Review board" means a nonpartisan board

23  composed of private citizens and public employees who evaluate

24  the projects and make funding recommendations to the

25  committee.

26         (6)  Any agency developing an innovative investment

27  project proposal that involves information technology

28  resources may consult with and seek technical assistance from

29  the state technology office commission. The office shall

30  consult with the state technology office commission for any

31  project proposal that involves information resource

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 1  technology. The state technology office commission is

 2  responsible for evaluating these projects and for advising the

 3  committee and review board of the technical feasibility and

 4  any transferable benefits of the proposed technology. In

 5  addition to the requirements of subsection (5), the agencies

 6  shall provide to the state technology office commission any

 7  information requested by the state technology office

 8  commission to aid in determining that the proposed technology

 9  is appropriate for the project's success.

10         (11)  Funds appropriated for the Innovation Investment

11  Program shall be distributed by the Executive Office of the

12  Governor subject to notice, review, and objection procedures

13  set forth in s. 216.177. The office may transfer funds from

14  the annual appropriation as necessary to administer the

15  program. Proposals considered but not funded by the

16  Legislature as part of an agency legislative budget request or

17  the Governor's budget recommendation are not eligible to

18  receive funding under the Innovation Investment Program.

19         Section 33.  Section 216.241, Florida Statutes, is

20  amended to read:

21         216.241  Initiation or commencement of new programs;

22  approval; expenditure of certain revenues.--

23         (1)  A state agency or the judicial branch may not

24  initiate or commence any new program, including any new

25  federal program or initiative, or make changes in its current

26  programs, as provided for in the appropriations act, that

27  require additional financing unless funds have been

28  specifically appropriated by the Legislature or unless the

29  Legislative Budget Commission or the Chief Justice of the

30  Supreme Court expressly approves such new program or changes.

31  The commission and the Chief Justice shall give notice as

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 1  provided in s. 216.177 prior to approving such new program or

 2  changes.

 3         (2)  No Changes that which are inconsistent with the

 4  approved operating budget may not shall be made to existing

 5  programs unless such changes are recommended to the

 6  Legislative Budget Commission by the Governor or the Chief

 7  Justice and the Legislative Budget Commission expressly

 8  approves such program changes. The provisions of This

 9  subsection is are subject to the notice, review, and objection

10  procedures set forth in s. 216.177.

11         (3)  Any revenues generated by any tax or fee imposed

12  by amendment to the State Constitution after October 1, 1999,

13  shall not be expended by any agency, as defined in s.

14  120.52(1), except pursuant to appropriation by the

15  Legislature.

16         (4)  A state agency or the judicial branch may not

17  shift functions or responsibilities from agency staff to the

18  private sector or to another agency's staff, including, but

19  not limited to, outsourcing, public-private partnerships, or

20  shared-savings initiatives, without specific approval by the

21  Legislature or, absent such specific approval but consistent

22  with legislative intent and policy, without specific approval

23  by the Legislative Budget Commission. A request for such

24  approval, including a recommendation submitted in an agency's

25  legislative budget request or the Governor's budget

26  recommendation, must include, but need not be limited to,

27  applicable supporting cost-benefit analyses, business case

28  analyses, proposed performance contracting procedures,

29  detailed service comparisons, and impacts to approved

30  performance standards. Adjustments to the approved budget

31  which are not reflected in the General Appropriations Act and

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 1  which are necessary to implement such shifts of functions and

 2  responsibilities must be approved by the Legislative Budget

 3  Commission prior to the execution of any related contracts or

 4  other agreements.

 5         Section 34.  Subsection (2) of section 216.251, Florida

 6  Statutes, is amended to read:

 7         216.251  Salary appropriations; limitations.--

 8         (2)(a)  The salary for each position not specifically

 9  indicated in the appropriations acts shall be as provided in

10  one of the following subparagraphs:

11         1.  Within the classification and pay plans provided

12  for in chapter 110.

13         2.  Within the classification and pay plans established

14  by the Board of Trustees for the Florida School for the Deaf

15  and the Blind of the Department of Education and approved by

16  the State Board of Education for academic and academic

17  administrative personnel.

18         3.  Within the classification and pay plan approved and

19  administered by the State Board of Education Board of Regents

20  for those positions in the State University System.

21         4.  Within the classification and pay plan approved by

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

23  Representatives, as the case may be, for employees of the

24  Legislature.

25         5.  Within the approved classification and pay plan for

26  the judicial branch.

27         6.  The salary of all positions not specifically

28  included in this subsection shall be set by the commission or

29  by the Chief Justice for the judicial branch.

30         (b)  Salary payments shall be made only to employees

31  filling established positions included in the agency's or in

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 1  the judicial branch's approved budgets and amendments thereto

 2  as may be provided by law; provided, however:

 3         1.  Reclassification of established positions may be

 4  accomplished when justified in accordance with the established

 5  procedures for reclassifying positions; or

 6         2.  When the Division of Risk Management of the

 7  Department of Financial Services has determined that an

 8  employee is entitled to receive a temporary partial disability

 9  benefit or a temporary total disability benefit pursuant to

10  the provisions of s. 440.15 and there is medical certification

11  that the employee cannot perform the duties of the employee's

12  regular position, but the employee can perform some type of

13  work beneficial to the agency, the agency may return the

14  employee to the payroll, at his or her regular rate of pay, to

15  perform such duties as the employee is capable of performing,

16  even if there is not an established position in which the

17  employee can be placed.  Nothing in this subparagraph shall

18  abrogate an employee's rights under chapter 440 or chapter

19  447, nor shall it adversely affect the retirement credit of a

20  member of the Florida Retirement System in the membership

21  class he or she was in at the time of, and during, the

22  member's disability.

23         Section 35.  Paragraphs (a) and (c) of subsection (1)

24  of section 216.262, Florida Statutes, are amended to read:

25         216.262  Authorized positions.--

26         (1)(a)  Unless otherwise expressly provided by law, the

27  total number of authorized positions may not exceed the total

28  provided in the appropriations acts.  In the event any state

29  agency or entity of the judicial branch finds that the number

30  of positions so provided is not sufficient to administer its

31  authorized programs, it may file an application with the

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 1  Executive Office of the Governor or the Chief Justice; and, if

 2  the Executive Office of the Governor or Chief Justice

 3  certifies that there are no authorized positions available for

 4  addition, deletion, or transfer within the agency as provided

 5  in paragraph (c) and recommends an increase in the number of

 6  positions, the Governor or the Chief Justice may recommend,

 7  after a public hearing, authorize an increase in the number of

 8  positions for the following reasons only:

 9         1.  To implement or provide for continuing federal

10  grants or changes in grants not previously anticipated;

11         2.  To meet emergencies pursuant to s. 252.36;

12         3.  To satisfy new federal regulations or changes

13  therein;

14         4.  To take advantage of opportunities to reduce

15  operating expenditures or to increase the revenues of the

16  state or local government; and

17         5.  To authorize positions which were not fixed by the

18  Legislature through error in drafting the appropriations acts.

19  

20  Actions recommended pursuant to The provisions of this

21  paragraph are subject to approval by the Legislative Budget

22  Commission the notice and review procedures set forth in s.

23  216.177. A copy of the application, The certification, and the

24  final authorization shall be provided to filed with the

25  Legislative Budget Commission, the appropriations committees,

26  and with the Auditor General.

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

28  procedures and qualifications as it deems appropriate, shall,

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

30  add and delete authorized positions or transfer authorized

31  positions from one budget entity to another budget entity

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 1  within the same division, and may approve additions and

 2  deletions of authorized positions or transfers of authorized

 3  positions within the state agency when such changes would

 4  enable the agency to administer more effectively its

 5  authorized and approved programs.  The additions or deletions

 6  must be consistent with the intent of the approved operating

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

 8  and must not conflict with specific spending policies

 9  specified in the General Appropriations Act.

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

11  the authority to establish procedures for the judicial branch

12  to add and delete authorized positions or transfer authorized

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

14  to add and delete authorized positions within the same budget

15  entity, when such changes are consistent with legislative

16  policy and intent and do not conflict with spending policies

17  specified in the General Appropriations Act.

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

19  dollars for authorized positions eliminated after July 1,

20  2001. The agency must certify the eliminated positions to the

21  Legislative Budgeting Commission.

22         b.  The Legislative Budgeting Commission shall

23  authorize the agency to retain 20 percent of the salary

24  dollars associated with the eliminated positions and may

25  authorize retention of a greater percentage. All such salary

26  dollars shall be used for permanent salary increases.

27         Section 36.  Section 216.292, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section. See

30         s. 216.292, F.S., for present text.)

31         216.292  Appropriations nontransferable; exceptions.--

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 1         (1)(a)  Funds provided in the General Appropriations

 2  Act or as otherwise expressly provided by law shall be

 3  expended only for the purpose for which appropriated, except

 4  that such moneys may be transferred as provided in this

 5  section when it is determined to be in the best interest of

 6  the state. Appropriations for fixed capital outlay may not be

 7  expended for any other purpose. Appropriations may not be

 8  transferred between state agencies, or between a state agency

 9  and the judicial branch, unless specifically authorized by

10  law.

11         (b)1.  Authorized revisions of the original approved

12  operating budget, together with related changes in the plan

13  for release of appropriations, if any, shall be transmitted by

14  the state agency or by the judicial branch to the Executive

15  Office of the Governor or the Chief Justice, respectively, the

16  chairs of the Senate and the House of Representatives

17  appropriations committees, the Office of Program Policy

18  Analysis and Government Accountability, and the Auditor

19  General. Such authorized revisions must be consistent with the

20  intent of the approved operating budget, must be consistent

21  with legislative policy and intent, and may not conflict with

22  specific spending policies specified in the General

23  Appropriations Act.

24         2.  Authorized revisions, together with related

25  changes, if any, in the plan for release of appropriations,

26  shall be transmitted by the state agency or by the judicial

27  branch to the Chief Financial Officer for entry in the Chief

28  Financial Officer's records in the manner and format

29  prescribed by the Executive Office of the Governor in

30  consultation with the Chief Financial Officer.

31  

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 1         3.  The Executive Office of the Governor or the Chief

 2  Justice shall forward a copy of the revisions within 7 working

 3  days to the Chief Financial Officer for entry in his or her

 4  records in the manner and format prescribed by the Executive

 5  Office of the Governor in consultation with the Chief

 6  Financial Officer.

 7         (2)  The following transfers are authorized to be made

 8  by the head of each department or the Chief Justice of the

 9  Supreme Court whenever it is deemed necessary by reason of

10  changed conditions:

11         (a)  The transfer of appropriations funded from

12  identical funding sources, except appropriations for fixed

13  capital outlay, and the transfer of amounts included within

14  the total original approved budget and releases as furnished

15  pursuant to ss. 216.181 and 216.192, as follows:

16         1.  Between categories of appropriations within a

17  budget entity, if no category of appropriation is increased or

18  decreased by more than 5 percent of the original approved

19  budget or $250,000, whichever is greater, by all action taken

20  under this subsection.

21         2.  Additionally, between budget entities within

22  identical categories of appropriations, if no category of

23  appropriation is increased or decreased by more than 5 percent

24  of the original approved budget or $250,000, whichever is

25  greater, by all action taken under this subsection.

26         (b)  After providing notice at least 5 working days

27  prior to implementation:

28         1.  The transfer of funds within programs identified in

29  the General Appropriations Act from identical funding sources

30  between the following appropriation categories without

31  limitation so long as such a transfer does not result in an

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 1  increase to the total recurring general revenue or trust fund

 2  cost of the agency or entity of the judicial branch in the

 3  subsequent fiscal year: other personal services, expenses,

 4  operating capital outlay, food products, state attorney and

 5  public defender operations, acquisition of motor vehicles,

 6  data processing services, operating and maintenance of patrol

 7  vehicles, overtime payments, salary incentive payments,

 8  compensation to retired judges, law libraries, and juror and

 9  witness payments.

10         2.  The transfer of funds and positions from identical

11  funding sources between salaries and benefits appropriation

12  categories within programs identified in the General

13  Appropriations Act.

14  

15  Such transfers must be consistent with legislative policy and

16  intent and may not adversely affect achievement of approved

17  performance outcomes or outputs in any program.

18         (c)  The transfer of funds appropriated to accounts

19  established for disbursement purposes upon release of such

20  appropriation upon request of a department and approval by the

21  Chief Financial Officer. Such transfer may only be made to the

22  same appropriation category and the same funding source from

23  which the funds are transferred.

24         (d)  The transfer by the Executive Office of the

25  Governor of funds from appropriations for public school

26  operations to a fixed capital outlay appropriation for class

27  size reduction based on recommendations of the Florida

28  Education Finance Program Appropriation Allocation Conference

29  or the Legislative Budget Commission pursuant to s.

30  1003.03(4)(a). Actions by the Governor under this subsection

31  are subject to the notice and review provisions of s. 216.177.

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 1         (e)  The transfer by the Department of Children and

 2  Family Services of general revenue funds appropriated for

 3  targeted case management services to the Agency for Health

 4  Care Administration to fund state match requirements exceeding

 5  the amount specified in the General Appropriations Act for

 6  Medicaid targeted case management services.

 7         (f)  The transfer by the Department of Elderly Affairs

 8  of funds that are appropriated for the Assisted Living for the

 9  Elderly Medicaid waiver and not expended to the agency to fund

10  Medicaid-reimbursed nursing home care.

11         (g)  The transfer of funds appropriated to the Agency

12  for Persons with Disabilities for developmental services

13  programs only if the secretary finds that treatment programs

14  for developmental disabilities will not be adversely affected.

15         (3)  The following transfers are authorized with the

16  approval of the Executive Office of the Governor for the

17  executive branch or the Chief Justice for the judicial branch,

18  subject to the notice and review provisions of s. 216.177:

19         (a)  The transfer of appropriations for operations from

20  trust funds in excess of those provided in subsection (2), up

21  to $1 million.

22         (b)  The transfer of positions between budget entities.

23         (4)  The following transfers are authorized with the

24  approval of the Legislative Budget Commission. Unless waived

25  by the chair and vice chair of the commission, notice of such

26  transfers must be provided 14 days before the commission

27  meeting:

28         (a)  The transfer of appropriations for operations from

29  the General Revenue Fund in excess of those provided in this

30  section but within a state agency or within the judicial

31  

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 1  branch, as recommended by the Executive Office of the Governor

 2  or the Chief Justice of the Supreme Court.

 3         (b)  The transfer of appropriations for operations from

 4  trust funds in excess of those provided in this section which

 5  exceed the greater of 5 percent of the original approved

 6  budget or $1 million, as recommended by the Executive Office

 7  of the Governor or the Chief Justice of the Supreme Court.

 8         (c)  The transfer of the portion of an appropriation

 9  for a named fixed capital outlay project found to be in excess

10  of that needed to complete the project to another project for

11  which there has been an appropriation in the same fiscal year

12  from the same fund and within the same department where a

13  deficiency is found to exist, at the request of the Executive

14  Office of the Governor for state agencies or the Chief Justice

15  of the Supreme Court for the judicial branch. The scope of a

16  fixed capital outlay project may not be changed by any

17  transfer of funds made pursuant to this subsection.

18         (d)  The transfers necessary to accomplish the purposes

19  of reorganization within state agencies or the judicial branch

20  authorized by the Legislature when the necessary adjustments

21  of appropriations and positions have not been provided in the

22  General Appropriations Act.

23         (5)  A transfer of funds may not result in the

24  initiation of a fixed capital outlay project that has not

25  received a specific legislative appropriation; except that

26  federal funds for fixed capital outlay projects for the

27  Department of Military Affairs, which do not carry a

28  continuing commitment on future appropriations by the

29  Legislature, may be approved by the Executive Office of the

30  Governor for the purpose received, subject to the notice,

31  review, and objection procedures set forth in s. 216.177.

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 1         (6)  The Chief Financial Officer shall transfer from

 2  any available funds of an agency or the judicial branch the

 3  following amounts and shall report all such transfers and the

 4  reasons therefor to the legislative appropriations committees

 5  and the Executive Office of the Governor:

 6         (a)  The amount due to the Unemployment Compensation

 7  Trust Fund which is more than 90 days delinquent on

 8  reimbursements due to the Unemployment Compensation Trust

 9  Fund. The amount transferred shall be that certified by the

10  state agency providing unemployment tax collection services

11  under contract with the Agency for Workforce Innovation

12  through an interagency agreement pursuant to s. 443.1316.

13         (b)  The amount due to the Division of Risk Management

14  which is more than 90 days delinquent in payment to the

15  Division of Risk Management of the Department of Financial

16  Services for insurance coverage. The amount transferred shall

17  be that certified by the division.

18         (c)  The amount due to the Communications Working

19  Capital Trust Fund from moneys appropriated in the General

20  Appropriations Act for the purpose of paying for services

21  provided by the state communications system in the Department

22  of Management Services which is unpaid 45 days after the

23  billing date. The amount transferred shall be that billed by

24  the department.

25         Section 37.  Section 216.301, Florida Statutes, is

26  amended to read:

27         216.301  Appropriations; undisbursed balances.--

28         (1)(a)  Any balance of any appropriation, except an

29  appropriation for fixed capital outlay, which is not disbursed

30  but which is expended or contracted to be expended shall, at

31  the end of each fiscal year, be certified by the head of the

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 1  affected state agency or the judicial or legislative branches,

 2  on or before August 1 of each year, to the Executive Office of

 3  the Governor, showing in detail the obligees to whom obligated

 4  and the amounts of such obligations. On or before September 1

 5  of each year, the Executive Office of the Governor shall

 6  review and approve or disapprove, consistent with legislative

 7  policy and intent, any or all of the items and amounts

 8  certified by the head of the affected state agency and shall

 9  approve all items and amounts certified by the Chief Justice

10  of the Supreme Court for the judicial branch and by the

11  legislative branch and shall furnish the Chief Financial

12  Officer, the legislative appropriations committees, and the

13  Auditor General a detailed listing of the items and amounts

14  approved as legal encumbrances against the undisbursed balance

15  of such appropriation. The review shall assure that trust

16  funds have been fully maximized. Any such encumbered balance

17  remaining undisbursed on December 31 of the same calendar year

18  in which such certification was made shall revert to the fund

19  from which appropriated, except as provided in subsection (3),

20  and shall be available for reappropriation by the Legislature.

21  In the event such certification is not made and an obligation

22  is proven to be legal, due, and unpaid, then the obligation

23  shall be paid and charged to the appropriation for the current

24  fiscal year of the state agency or the legislative or judicial

25  branch affected.

26         (b)  Any balance of any appropriation, except an

27  appropriation for fixed capital outlay, for any given fiscal

28  year remaining after charging against it any lawful

29  expenditure shall revert to the fund from which appropriated

30  and shall be available for reappropriation by the Legislature.

31  

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 1         (c)  Each department and the judicial branch shall

 2  maintain the integrity of the General Revenue Fund.

 3  Appropriations from the General Revenue Fund contained in the

 4  original approved budget may be transferred to the proper

 5  trust fund for disbursement. Any reversion of appropriation

 6  balances from programs which receive funding from the General

 7  Revenue Fund and trust funds shall be transferred to the

 8  General Revenue Fund within 15 days after such reversion,

 9  unless otherwise provided by federal or state law, including

10  the General Appropriations Act. The Executive Office of the

11  Governor or the Chief Justice of the Supreme Court shall

12  determine the state agency or judicial branch programs which

13  are subject to this paragraph. This determination shall be

14  subject to the legislative consultation and objection process

15  in this chapter. The Education Enhancement Trust Fund shall

16  not be subject to the provisions of this section.

17         (2)(a)  The balance of any appropriation for fixed

18  capital outlay which is not disbursed but expended,

19  contracted, or committed to be expended prior to February 1 of

20  the second fiscal year of the appropriation, or the third

21  fiscal year if it is for an educational facility as defined in

22  chapter 1013 or for a construction project of a state

23  university, shall be certified by the head of the affected

24  state agency or the legislative or judicial branch on February

25  1 to the Executive Office of the Governor, showing in detail

26  the commitment or to whom obligated and the amount of the

27  commitment or obligation. The Executive Office of the Governor

28  shall review and approve or disapprove, consistent with

29  criteria jointly developed by the Executive Office of the

30  Governor and the legislative appropriations committees, the

31  continuation of such unexpended balances. The Executive Office

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 1  of the Governor shall, not later than February 20 of each

 2  year, furnish the Chief Financial Officer, the legislative

 3  appropriations committees, and the Auditor General a report

 4  listing in detail the items and amounts reverting under the

 5  authority of this subsection, including the fund to which

 6  reverted and the agency affected.

 7         (b)  The certification required in this subsection must

 8  be in the form and on the date approved by the Executive

 9  Office of the Governor. Any balance that is not certified

10  shall revert to the fund from which it was appropriated and be

11  available for reappropriation.

12         (c)  The balance of any appropriation for fixed capital

13  outlay certified forward under paragraph (a) which is not

14  disbursed but expended, contracted, or committed to be

15  expended prior to the end of the second fiscal year of the

16  appropriation, or the third fiscal year if it is for an

17  educational facility as defined in chapter 1013 or for a

18  construction project of a state university, and any subsequent

19  fiscal year, shall be certified by the head of the affected

20  state agency or the legislative or judicial branch on or

21  before August 1 of each year to the Executive Office of the

22  Governor, showing in detail the commitment or to whom

23  obligated and the amount of such commitment or obligation. On

24  or before September 1 of each year, the Executive Office of

25  the Governor shall review and approve or disapprove,

26  consistent with legislative policy and intent, any or all of

27  the items and amounts certified by the head of the affected

28  state agency and shall approve all items and amounts certified

29  by the Chief Justice of the Supreme Court and by the

30  legislative branch and shall furnish the Chief Financial

31  Officer, the legislative appropriations committees, and the

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 1  Auditor General a detailed listing of the items and amounts

 2  approved as legal encumbrances against the undisbursed

 3  balances of such appropriations. If such certification is not

 4  made and the balance of the appropriation has reverted and the

 5  obligation is proven to be legal, due, and unpaid, the

 6  obligation shall be presented to the Legislature for its

 7  consideration.

 8         (3)  The President of the Senate and the Speaker of the

 9  House of Representatives may notify the Executive Office of

10  the Governor to retain certified-forward balances from

11  legislative budget entities until June 30 of the following

12  fiscal year.

13         (2)(a)  Any balance of any appropriation for fixed

14  capital outlay not disbursed but expended or contracted or

15  committed to be expended shall, at the end of each fiscal

16  year, be certified by the head of the affected state agency or

17  the legislative or judicial branch, on or before August 1 of

18  each year, to the Executive Office of the Governor, showing in

19  detail the commitment or to whom obligated and the amount of

20  such commitment or obligation. On or before September 1 of

21  each year, the Executive Office of the Governor shall review

22  and approve or disapprove, consistent with legislative policy

23  and intent, any or all of the items and amounts certified by

24  the head of the affected state agency and shall approve all

25  items and amounts certified by the Chief Justice of the

26  Supreme Court and by the legislative branch and shall furnish

27  the Chief Financial Officer, the legislative appropriations

28  committees, and the Auditor General a detailed listing of the

29  items and amounts approved as legal encumbrances against the

30  undisbursed balances of such appropriations. In the event such

31  certification is not made and the balance of the appropriation

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 1  has reverted and the obligation is proven to be legal, due,

 2  and unpaid, then the same shall be presented to the

 3  Legislature for its consideration.

 4         (b)  Such certification as herein required shall be in

 5  the form and on the date approved by the Executive Office of

 6  the Governor. Any balance not so certified shall revert to the

 7  fund from which appropriated and shall be available for

 8  reappropriation.

 9         (3)  Notwithstanding the provisions of subsection (2),

10  the unexpended balance of any appropriation for fixed capital

11  outlay subject to but not under the terms of a binding

12  contract or a general construction contract prior to February

13  1 of the second fiscal year, or the third fiscal year if it is

14  for an educational facility as defined in chapter 1013 or a

15  construction project of a state university, of the

16  appropriation shall revert on February 1 of such year to the

17  fund from which appropriated and shall be available for

18  reappropriation. The Executive Office of the Governor shall,

19  not later than February 20 of each year, furnish the Chief

20  Financial Officer, the legislative appropriations committees,

21  and the Auditor General a report listing in detail the items

22  and amounts reverting under the authority of this subsection,

23  including the fund to which reverted and the agency affected.

24         Section 38.  Effective July 1, 2006, subsection (1) of

25  section 216.301, Florida Statutes, as amended by this act, is

26  amended to read:

27         216.301  Appropriations; undisbursed balances.--

28         (1)(a)  Any balance of any appropriation, except an

29  appropriation for fixed capital outlay, which is not disbursed

30  but which is expended or contracted to be expended shall, at

31  the end of each fiscal year, be certified by the head of the

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 1  affected state agency or the judicial or legislative branches,

 2  on or before August 1 of each year, to the Executive Office of

 3  the Governor, showing in detail the obligees to whom obligated

 4  and the amounts of such obligations. On or before September 1

 5  of each year, the Executive Office of the Governor shall

 6  review and approve or disapprove, consistent with legislative

 7  policy and intent, any or all of the items and amounts

 8  certified by the head of the affected state agency and shall

 9  approve all items and amounts certified by the Chief Justice

10  of the Supreme Court for the judicial branch and by the

11  legislative branch and shall furnish the Chief Financial

12  Officer, the legislative appropriations committees, and the

13  Auditor General a detailed listing of the items and amounts

14  approved as legal encumbrances against the undisbursed balance

15  of such appropriation. The review shall assure that trust

16  funds have been fully maximized. Any such encumbered balance

17  remaining undisbursed on September 30 December 31 of the same

18  calendar year in which such certification was made shall

19  revert to the fund from which appropriated, except as provided

20  in subsection (3), and shall be available for reappropriation

21  by the Legislature. In the event such certification is not

22  made and an obligation is proven to be legal, due, and unpaid,

23  then the obligation shall be paid and charged to the

24  appropriation for the current fiscal year of the state agency

25  or the legislative or judicial branch affected.

26         (b)  Any balance of any appropriation, except an

27  appropriation for fixed capital outlay, for any given fiscal

28  year remaining after charging against it any lawful

29  expenditure shall revert to the fund from which appropriated

30  and shall be available for reappropriation by the Legislature.

31  

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 1         (c)  Each department and the judicial branch shall

 2  maintain the integrity of the General Revenue Fund.

 3  Appropriations from the General Revenue Fund contained in the

 4  original approved budget may be transferred to the proper

 5  trust fund for disbursement. Any reversion of appropriation

 6  balances from programs which receive funding from the General

 7  Revenue Fund and trust funds shall be transferred to the

 8  General Revenue Fund within 15 days after such reversion,

 9  unless otherwise provided by federal or state law, including

10  the General Appropriations Act. The Executive Office of the

11  Governor or the Chief Justice of the Supreme Court shall

12  determine the state agency or judicial branch programs which

13  are subject to this paragraph. This determination shall be

14  subject to the legislative consultation and objection process

15  in this chapter. The Education Enhancement Trust Fund shall

16  not be subject to the provisions of this section.

17         Section 39.  Subsection (3) of section 218.60, Florida

18  Statutes, is repealed.

19         Section 40.  Subsection (2) of section 252.37, Florida

20  Statutes, is amended to read:

21         252.37  Financing.--

22         (2)  It is the legislative intent that the first

23  recourse be made to funds regularly appropriated to state and

24  local agencies.  If the Governor finds that the demands placed

25  upon these funds in coping with a particular disaster declared

26  by the Governor as a state of emergency are unreasonably

27  great, she or he may make funds available by transferring and

28  expending moneys appropriated for other purposes, by

29  transferring and expending moneys out of any unappropriated

30  surplus funds, or from the Budget Stabilization Fund or

31  Working Capital Fund.  Following the expiration or termination

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 1  of the state of emergency, the Governor may process a budget

 2  amendment under the notice and review procedures set forth in

 3  s. 216.177 to transfer moneys to satisfy the budget authority

 4  granted for such emergency.

 5         Section 41.  Subsection (3) of section 265.55, Florida

 6  Statutes, is amended to read:

 7         265.55  Claims.--

 8         (3)  The authorization for payment delineated in

 9  subsection (2) shall be forwarded to the Chief Financial

10  Officer. The Chief Financial Officer shall take appropriate

11  action to execute authorized payment of the claim from

12  unobligated, unappropriated moneys in the General Revenue

13  Working Capital Fund, as defined in s. 215.32.

14         Section 42.  Section 288.1234, Florida Statutes, is

15  repealed.

16         Section 43.  Section 288.7091, Florida Statutes, is

17  amended to read:

18         288.7091  Duties of the Florida Black Business

19  Investment Board, Inc.--The Florida Black Business Investment

20  Board, Inc., shall:

21         (1)  Establish certification criteria for black

22  business investment corporations and certify at least once

23  every 5 years, each of the black business investment

24  corporations. Certification criteria shall include

25  administrative capacity, fiduciary controls, and, in the case

26  of existing black business investment corporations, solvency

27  and soundness of prior loan decisions;

28         (2)  Ensure that any appropriations by the Legislature

29  to the corporation on behalf of the black business investment

30  corporations are provided to the corporations in the manner

31  and amount prescribed by the Legislature;

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 1         (3)  Work with Enterprise Florida, Inc., and local

 2  economic development organizations to promote the retention

 3  and expansion of existing black business enterprises and to

 4  promote the formation and recruitment of new black business

 5  enterprises;

 6         (4)  Develop a memorandum of understanding with

 7  Enterprise Florida, Inc., that outlines a strategy for

 8  collaboration with the programs, activities, and committees or

 9  similar units of Enterprise Florida, Inc., which memorandum of

10  understanding shall provide for Enterprise Florida, Inc., to

11  contract with the corporation, where practicable, for the

12  delivery of economic development services relating to black

13  business enterprises;

14         (5)  Include in the criteria for loan decisions,

15  occupational forecasting results set forth in s. 216.136(7) s.

16  216.136(9) which target high growth jobs;

17         (6)  Facilitate the formation of black business

18  investment corporations in communities that are not currently

19  served by such corporations and establish, in communities that

20  are not currently served by an existing black business

21  investment corporation, memoranda of understanding with local

22  financial institutions that will provide loan guarantees for

23  loans to black business enterprises;

24         (7)  Develop memoranda of understanding with the

25  Departments of Education, Transportation, Community Affairs,

26  and Management Services, as well as with Workforce Florida,

27  Inc., and the State Board of Education, detailing efforts of

28  common interest and collaborations to expand black business

29  development;

30         (8)  Intensify efforts to increase the number of

31  franchises owned by black businesses and the number of black

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 1  business enterprises in construction and construction-related

 2  projects, with emphasis on construction projects financed by

 3  federal, state, or local governments; and

 4         (9)  Annually, prepare a report detailing the

 5  performance of each black business investment corporation,

 6  addressing the number of jobs created and/or retained, success

 7  and failure rates among loan recipients, and the amount of

 8  funds leveraged from other sources.

 9         (10)  Annually, provide for a financial audit as

10  defined in s. 11.45 of its accounts and records by an

11  independent certified public accountant. The audit report

12  shall be filed within 12 months after the end of the fiscal

13  year to the Governor, the President of the Senate, the Speaker

14  of the House of Representatives, and the Auditor General.

15         Section 44.  Subsection (5) of section 320.20, Florida

16  Statutes, is amended to read:

17         320.20  Disposition of license tax moneys.--The revenue

18  derived from the registration of motor vehicles, including any

19  delinquent fees and excluding those revenues collected and

20  distributed under the provisions of s. 320.081, must be

21  distributed monthly, as collected, as follows:

22         (5)(a)  Except as provided in paragraph (c), the

23  remainder of such revenues must be deposited in the State

24  Transportation Trust Fund.

25         (b)  The Chief Financial Officer each month shall

26  deposit in the State Transportation Trust Fund an amount,

27  drawn from other funds in the State Treasury which are not

28  immediately needed or are otherwise in excess of the amount

29  necessary to meet the requirements of the State Treasury,

30  which when added to such remaining revenues each month will

31  equal one-twelfth of the amount of the anticipated annual

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 1  revenues to be deposited in the State Transportation Trust

 2  Fund under paragraph (a) as determined by the Chief Financial

 3  Officer after consultation with the estimated by the most

 4  recent Revenue Estimating Conference held pursuant to s.

 5  216.136(3).  The transfers required hereunder may be suspended

 6  by action of the Legislative Budget Commission in the event of

 7  a significant shortfall of state revenues.

 8         (c)  In any month in which the remaining revenues

 9  derived from the registration of motor vehicles exceed

10  one-twelfth of those anticipated annual remaining revenues as

11  determined by the Chief Financial Officer after consultation

12  with the Revenue Estimating Conference, the excess shall be

13  credited to those state funds in the State Treasury from which

14  the amount was originally drawn, up to the amount which was

15  deposited in the State Transportation Trust Fund under

16  paragraph (b).  A final adjustment must be made in the last

17  months of a fiscal year so that the total revenue deposited in

18  the State Transportation Trust Fund each year equals the

19  amount derived from the registration of motor vehicles, less

20  the amount distributed under subsection (1).  For the purposes

21  of this paragraph and paragraph (b), the term "remaining

22  revenues" means all revenues deposited into the State

23  Transportation Trust Fund under paragraph (a) and subsections

24  (2) and (3). In order that interest earnings continue to

25  accrue to the General Revenue Fund, the Department of

26  Transportation may not invest an amount equal to the

27  cumulative amount of funds deposited in the State

28  Transportation Trust Fund under paragraph (b) less funds

29  credited under this paragraph as computed on a monthly basis.

30  The amounts to be credited under this and the preceding

31  

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 1  paragraph must be calculated and certified to the Chief

 2  Financial Officer by the Executive Office of the Governor.

 3         Section 45.  Subsections (6) and (7) of section

 4  339.135, Florida Statutes, are amended to read:

 5         339.135  Work program; legislative budget request;

 6  definitions; preparation, adoption, execution, and

 7  amendment.--

 8         (6)  EXECUTION OF THE BUDGET.--

 9         (a)  The department, during any fiscal year, shall not

10  expend money, incur any liability, or enter into any contract

11  which, by its terms, involves the expenditure of money in

12  excess of the amounts budgeted as available for expenditure

13  during such fiscal year.  Any contract, verbal or written,

14  made in violation of this subsection is null and void, and no

15  money may be paid on such contract.  The department shall

16  require a statement from the comptroller of the department

17  that funds are available prior to entering into any such

18  contract or other binding commitment of funds.  Nothing herein

19  contained shall prevent the making of contracts for periods

20  exceeding 1 year, but any contract so made shall be executory

21  only for the value of the services to be rendered or agreed to

22  be paid for in succeeding fiscal years; and this paragraph

23  shall be incorporated verbatim in all contracts of the

24  department which are for an amount in excess of $25,000 and

25  which have a term for a period of more than 1 year.

26         (b)  In the operation of the State Transportation Trust

27  Fund, the department shall have on hand at the close of

28  business, which closing shall not be later than the 10th

29  calendar day of the month following the end of each quarter of

30  the fiscal year, an available cash balance (which shall

31  include cash on deposit with the treasury and short-term

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 1  investments of the department) equivalent to not less than $50

 2  million, or 5 percent of the unpaid balance of all State

 3  Transportation Trust Fund obligations at the close of such

 4  quarter, whichever amount is less.  In the event that this

 5  cash position is not maintained, no further contracts or other

 6  fund commitments shall be approved, entered into, awarded, or

 7  executed until the cash balance, as defined above, has been

 8  regained.

 9         (c)  Notwithstanding the provisions of ss. 216.301(3)

10  and 216.351, any unexpended balance remaining at the end of

11  the fiscal year in the appropriations to the department for

12  special categories; aid to local governments; lump sums for

13  project phases which are part of the adopted work program, and

14  for which contracts have been executed or bids have been let;

15  and for right-of-way land acquisition and relocation

16  assistance for parcels from project phases in the adopted work

17  program for which appraisals have been completed and approved,

18  may be certified forward as fixed capital outlay under the

19  provisions of s. 216.301(2)(a).  Any project phases in the

20  adopted work program not certified forward under the

21  provisions of s. 216.301(2)(a) shall be available for roll

22  forward for the next fiscal year of the adopted work program.

23  Spending authority associated with such project phases may be

24  rolled forward to the next fiscal year upon approval by the

25  Legislative Budget Commission pursuant to paragraph (f).

26  Increases in spending authority shall be limited to amounts of

27  unexpended balances by appropriation category. Any project

28  phase certified forward for which bids have been let but

29  subsequently rejected shall be available for roll forward in

30  the adopted work program for the next fiscal year.  Spending

31  authority associated with such project phases may be rolled

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 1  forward into the current year from funds certified forward

 2  pursuant to paragraph (f).  The amount certified forward may

 3  include contingency allowances for right-of-way acquisition

 4  and relocation, asphalt and petroleum product escalation

 5  clauses, and contract overages, which allowances shall be

 6  separately identified in the certification detail.

 7  Right-of-way acquisition and relocation and contract overages

 8  contingency allowances shall be based on documented historical

 9  patterns.  These contingency amounts shall be incorporated in

10  the certification for each specific category, but when a

11  category has an excess and another category has a deficiency,

12  the Executive Office of the Governor is authorized to transfer

13  the excess to the deficient account.

14         (d)  The department shall allocate resources provided

15  in the General Appropriations Act to the districts prior to

16  July 31 of each year. The allocation shall be promptly

17  reported to the Executive Office of the Governor and the

18  legislative appropriations committees, and all subsequent

19  amendments shall be reported promptly to the secretary of the

20  department.

21         (e)  This subsection does not apply to any bonds issued

22  on behalf of the department pursuant to the State Bond Act.

23         (f)  Notwithstanding the provisions of ss. 216.181(1),

24  216.292, and 216.351, the Executive Office of the Governor may

25  amend that portion of the department's original approved fixed

26  capital outlay budget which comprises the work program

27  pursuant to subsection (7).  Increase in spending authority in

28  paragraph (c) shall be limited to amounts of unexpended

29  balances by appropriation category.

30         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

31  

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 1         (a)  Notwithstanding the provisions of ss. 216.181(1),

 2  216.292, and 216.351, the adopted work program may be amended

 3  only pursuant to the provisions of this subsection.

 4         (a)(b)  The department may not transfer any funds for

 5  any project or project phase between department districts.

 6  However, a district secretary may agree to a loan of funds to

 7  another district, if:

 8         1.  The funds are used solely to maximize the use or

 9  amount of funds available to the state;

10         2.  The loan agreement is executed in writing and is

11  signed by the district secretaries of the respective

12  districts;

13         3.  Repayment of the loan is to be made within 3 years

14  after the date on which the agreement was entered into; and

15         4.  The adopted work program of the district loaning

16  the funds would not be substantially impaired if the loan were

17  made, according to the district secretary.

18  

19  The loan constitutes an amendment to the adopted work program

20  and is subject to the procedures specified in paragraph (b)

21  (c).

22         (b)(c)  The department may amend the adopted work

23  program to transfer appropriations within the department,

24  except that the following amendments shall be subject to the

25  procedures in paragraph (c) (d):

26         1.  Any amendment which deletes any project or project

27  phase;

28         2.  Any amendment which adds a project estimated to

29  cost over $150,000 in funds appropriated by the Legislature;

30         3.  Any amendment which advances or defers to another

31  fiscal year, a right-of-way phase, a construction phase, or a

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 1  public transportation project phase estimated to cost over

 2  $500,000 in funds appropriated by the Legislature, except an

 3  amendment advancing or deferring a phase for a period of 90

 4  days or less; or

 5         4.  Any amendment which advances or defers to another

 6  fiscal year, any preliminary engineering phase or design phase

 7  estimated to cost over $150,000 in funds appropriated by the

 8  Legislature, except an amendment advancing or deferring a

 9  phase for a period of 90 days or less.

10         (c)(d)1.  Whenever the department proposes any

11  amendment to the adopted work program, which amendment is

12  defined in subparagraph (b)1. (c)1., subparagraph (b)2. (c)2.,

13  subparagraph (b)3. (c)3., or subparagraph (b)4. (c)4., it

14  shall submit the proposed amendment to the Governor for

15  approval and shall immediately notify the chairs of the

16  legislative appropriations committees, the chairs of the

17  legislative transportation committees, each member of the

18  Legislature who represents a district affected by the proposed

19  amendment, each metropolitan planning organization affected by

20  the proposed amendment, and each unit of local government

21  affected by the proposed amendment.  Such proposed amendment

22  shall provide a complete justification of the need for the

23  proposed amendment.

24         2.  The Governor shall not approve a proposed amendment

25  until 14 days following the notification required in

26  subparagraph 1.

27         3.  If either of the chairs of the legislative

28  appropriations committees or the President of the Senate or

29  the Speaker of the House of Representatives objects in writing

30  to a proposed amendment within 14 days following notification

31  and specifies the reasons for such objection, the Governor

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 1  shall disapprove the proposed amendment or shall submit the

 2  proposed amendment to the Administration Commission.  The

 3  proposed amendment may be approved by the Administration

 4  Commission by a two-thirds vote of the members present with

 5  the Governor voting in the affirmative.  In the absence of

 6  approval by the commission, the proposed amendment shall be

 7  automatically disapproved.

 8         (d)(e)  Notwithstanding the requirements in paragraph

 9  (c) (d) and ss. 216.177(2) and 216.351, the secretary may

10  request the Executive Office of the Governor to amend the

11  adopted work program when an emergency exists, as defined in

12  s. 252.34(3), and the emergency relates to the repair or

13  rehabilitation of any state transportation facility.  The

14  Executive Office of the Governor may approve the amendment to

15  the adopted work program and amend that portion of the

16  department's approved budget in the event that the delay

17  incident to the notification requirements in paragraph (c) (d)

18  would be detrimental to the interests of the state.  However,

19  the department shall immediately notify the parties specified

20  in paragraph (c) (d) and shall provide such parties written

21  justification for the emergency action within 7 days of the

22  approval by the Executive Office of the Governor of the

23  amendment to the adopted work program and the department's

24  budget.  In no event may the adopted work program be amended

25  under the provisions of this subsection without the

26  certification by the comptroller of the department that there

27  are sufficient funds available pursuant to the 36-month cash

28  forecast and applicable statutes.

29         (e)(f)  The department may authorize the investment of

30  the earnings accrued and collected upon the investment of the

31  minimum balance of funds required to be maintained in the

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 1  State Transportation Trust Fund pursuant to paragraph (a) (b).

 2  Such investment shall be limited as provided in s.

 3  288.9607(7).

 4         Section 46.  Subsection (3) of section 381.0303,

 5  Florida Statutes, is amended to read:

 6         381.0303  Health practitioner recruitment for special

 7  needs shelters.--

 8         (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The

 9  Department of Health shall reimburse, subject to the

10  availability of funds for this purpose, health care

11  practitioners, as defined in s. 456.001, provided the

12  practitioner is not providing care to a patient under an

13  existing contract, and emergency medical technicians and

14  paramedics licensed pursuant to chapter 401 for medical care

15  provided at the request of the department in special needs

16  shelters or at other locations during times of emergency or

17  major disaster. Reimbursement for health care practitioners,

18  except for physicians licensed pursuant to chapter 458 or

19  chapter 459, shall be based on the average hourly rate that

20  such practitioners were paid according to the most recent

21  survey of Florida hospitals conducted by the Florida Hospital

22  Association. Reimbursement shall be requested on forms

23  prepared by the Department of Health. If a Presidential

24  Disaster Declaration has been made, and the Federal Government

25  makes funds available, the department shall use such funds for

26  reimbursement of eligible expenditures. In other situations,

27  or if federal funds do not fully compensate the department for

28  reimbursement made pursuant to this section, the department

29  shall process submit to the Cabinet or Legislature, as

30  appropriate, a budget amendment to obtain reimbursement from

31  unobligated, unappropriated moneys in the General Revenue

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 1  working capital Fund. Travel expense and per diem costs shall

 2  be reimbursed pursuant to s. 112.061.

 3         Section 47.  Subsection (5) of section 409.906, Florida

 4  Statutes, is amended to read:

 5         409.906  Optional Medicaid services.--Subject to

 6  specific appropriations, the agency may make payments for

 7  services which are optional to the state under Title XIX of

 8  the Social Security Act and are furnished by Medicaid

 9  providers to recipients who are determined to be eligible on

10  the dates on which the services were provided. Any optional

11  service that is provided shall be provided only when medically

12  necessary and in accordance with state and federal law.

13  Optional services rendered by providers in mobile units to

14  Medicaid recipients may be restricted or prohibited by the

15  agency. Nothing in this section shall be construed to prevent

16  or limit the agency from adjusting fees, reimbursement rates,

17  lengths of stay, number of visits, or number of services, or

18  making any other adjustments necessary to comply with the

19  availability of moneys and any limitations or directions

20  provided for in the General Appropriations Act or chapter 216.

21  If necessary to safeguard the state's systems of providing

22  services to elderly and disabled persons and subject to the

23  notice and review provisions of s. 216.177, the Governor may

24  direct the Agency for Health Care Administration to amend the

25  Medicaid state plan to delete the optional Medicaid service

26  known as "Intermediate Care Facilities for the Developmentally

27  Disabled." Optional services may include:

28         (5)  CASE MANAGEMENT SERVICES.--The agency may pay for

29  primary care case management services rendered to a recipient

30  pursuant to a federally approved waiver, and targeted case

31  management services for specific groups of targeted

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 1  recipients, for which funding has been provided and which are

 2  rendered pursuant to federal guidelines. The agency is

 3  authorized to limit reimbursement for targeted case management

 4  services in order to comply with any limitations or directions

 5  provided for in the General Appropriations Act.

 6  Notwithstanding s. 216.292, the Department of Children and

 7  Family Services may transfer general funds to the Agency for

 8  Health Care Administration to fund state match requirements

 9  exceeding the amount specified in the General Appropriations

10  Act for targeted case management services.

11         Section 48.  Paragraph (b) of subsection (11) of

12  section 409.912, Florida Statutes, is repealed.

13         Section 49.  Subsection (2) of section 468.392, Florida

14  Statutes, is amended to read:

15         468.392  Auctioneer Recovery Fund.--There is created

16  the Auctioneer Recovery Fund as a separate account in the

17  Professional Regulation Trust Fund.  The fund shall be

18  administered by the Florida Board of Auctioneers.

19         (2)  All payments and disbursements from the Auctioneer

20  Recovery Fund shall be made by the Chief Financial Officer

21  upon a voucher signed by the Secretary of Business and

22  Professional Regulation or the secretary's designee. Amounts

23  transferred to the Auctioneer Recovery Fund shall not be

24  subject to any limitation imposed by an appropriation act of

25  the Legislature.

26         Section 50.  Subsection (6) of section 475.484, Florida

27  Statutes, is amended to read:

28         475.484  Payment from the fund.--

29         (6)  All payments and disbursements from the Real

30  Estate Recovery Fund shall be made by the Chief Financial

31  Officer upon a voucher signed by the secretary of the

                                 117

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 1  department. Amounts transferred to the Real Estate Recovery

 2  Fund shall not be subject to any limitation imposed by an

 3  appropriation act of the Legislature.

 4         Section 51.  Paragraph (b) of subsection (7) of section

 5  631.141, Florida Statutes, is amended to read:

 6         631.141  Conduct of delinquency proceeding; domestic

 7  and alien insurers.--

 8         (7)

 9         (b)  In the event that initiation of delinquency

10  proceedings does not result in appointment of the department

11  as receiver, or in the event that the funds or assets of an

12  insurer for which the department is appointed as receiver are

13  insufficient to cover the cost of compensation to special

14  agents, counsel, clerks, or assistants and all expenses of

15  taking, or attempting to take, possession of the insurer, and

16  of conducting the proceeding, there is appropriated, upon

17  approval of the Chief Financial Officer and of the Legislative

18  Budget Commission pursuant to chapter 216, from the Insurance

19  Regulation Trust Fund to the Division of Rehabilitation and

20  Liquidation a sum that is sufficient to cover the unreimbursed

21  costs.

22         Section 52.  Paragraph (b) of subsection (9) of section

23  921.001, Florida Statutes, is amended to read:

24         921.001  Sentencing Commission and sentencing

25  guidelines generally.--

26         (9)

27         (b)  On or after January 1, 1994, any legislation

28  which:

29         1.  Creates a felony offense;

30         2.  Enhances a misdemeanor offense to a felony offense;

31  

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 1         3.  Moves a felony offense from a lesser offense

 2  severity level to a higher offense severity level in the

 3  offense severity ranking chart in s. 921.0012; or

 4         4.  Reclassifies an existing felony offense to a

 5  greater felony classification

 6  

 7  must provide that such a change result in a net zero sum

 8  impact in the overall prison population, as determined by the

 9  Legislature, considering the most recent estimates of the

10  Criminal Justice Estimating Conference, unless the legislation

11  contains a funding source sufficient in its base or rate to

12  accommodate such change or a provision which specifically

13  abrogates the application of this paragraph.

14         Section 53.  Subsection (3) of section 943.61, Florida

15  Statutes, is amended to read:

16         943.61  Powers and duties of the Capitol Police.--

17         (3)  Notwithstanding the provisions of chapter 216, no

18  assets, personnel, or resources shall be taken from the

19  Capitol Police, and no appropriation to the Capitol Police

20  shall be reduced without the express approval of the Governor

21  and the Legislative Budget Commission. Nothing herein limits

22  the ability of the Capitol Police to provide mutual aid to

23  other law enforcement agencies as authorized by law unless

24  such a limitation is expressly included in the operational

25  security plans provided for herein.

26         Section 54.  Paragraph (a) of subsection (1) of section

27  1009.536, Florida Statutes, is amended to read:

28         1009.536  Florida Gold Seal Vocational Scholars

29  award.--The Florida Gold Seal Vocational Scholars award is

30  created within the Florida Bright Futures Scholarship Program

31  to recognize and reward academic achievement and career

                                 119

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 1  preparation by high school students who wish to continue their

 2  education.

 3         (1)  A student is eligible for a Florida Gold Seal

 4  Vocational Scholars award if the student meets the general

 5  eligibility requirements for the Florida Bright Futures

 6  Scholarship Program and the student:

 7         (a)  Completes the secondary school portion of a

 8  sequential program of studies that requires at least three

 9  secondary school career credits taken over at least 2 academic

10  years, and is continued in a planned, related postsecondary

11  education program. If the student's school does not offer such

12  a two-plus-two or tech-prep program, the student must complete

13  a job-preparatory career education program selected by the

14  Workforce Estimating Conference or Workforce Florida, Inc.,

15  for its ability to provide high-wage employment in an

16  occupation with high potential for employment opportunities.

17  On-the-job training may not be substituted for any of the

18  three required career credits.

19         Section 55.  Subsection (2) of section 1013.512,

20  Florida Statutes, is amended to read:

21         1013.512  Land Acquisition and Facilities Advisory

22  Board.--

23         (2)  If the director of the Office of Program Policy

24  Analysis and Government Accountability (OPPAGA) or the Auditor

25  General determines in a review or examination that significant

26  deficiencies exist in a school district's land acquisition and

27  facilities operational processes, he or she shall certify to

28  the President of the Senate, the Speaker of the House of

29  Representatives, the Legislative Budget Commission, and the

30  Governor that the deficiency exists. If recommended by the

31  Governor, the Legislative Budget Commission shall approve or

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 1  disapprove the placement of determine whether funds for the

 2  school district funds will be placed in reserve until the

 3  deficiencies are corrected.

 4         Section 56.  Any undisbursed appropriations made from

 5  the Working Capital Fund, previously created in section

 6  215.32, Florida Statutes, are reappropriated from unallocated

 7  moneys in the General Revenue Fund; any appropriations made to

 8  the Working Capital Fund are reappropriated to the General

 9  Revenue Fund; and any references to the Working Capital Fund

10  in SB 2600 or SB 2602, or similar legislation, shall be

11  replaced with "the General Revenue Fund." It is the intent of

12  the Legislature that the provisions of this section control in

13  the event SB 2600 or SB 2602, or other similar legislation, is

14  enacted subsequently during the 2005 Regular Session. This

15  section expires July 1, 2006.

16         Section 57.  Except as otherwise expressly provided in

17  this act, this act shall take effect upon becoming a law.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2610

21                                 

22  The committee substitute defines the working capital balance
    as the unallocated, unappropriated general revenue funds for a
23  given fiscal year, places the consensus estimating conferences
    within the legislative branch subject to the legislative
24  notice and public meeting rules, and deletes a provision of
    the original bill that limited the authority of the Department
25  of Transportation to program new revenues in the adopted work
    program
26  

27  

28  

29  

30  

31  

                                 121

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