November 29, 2020
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Senate Bill 2610

Senate Bill sb2610e1

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    CS for SB 2610                                 First Engrossed



  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; providing

16         certain exceptions; requiring that moneys paid

17         in settlement of a legal action be placed into

18         the General Revenue Fund or an appropriate

19         trust fund; amending s. 110.1239, F.S.;

20         correcting a cross-reference; amending s.

21         110.1245, F.S., relating to a savings sharing

22         program; correcting a reference; amending s.

23         215.32, F.S.; providing for unallocated general

24         revenue; revising a provision relating to the

25         restoration of expenditures from the Budget

26         Stabilization Fund; eliminating the Working

27         Capital Fund as a fund type; amending s.

28         215.5601, F.S., relating to the Lawton Chiles

29         Endowment Fund; revising provisions governing

30         appropriations to the fund; amending ss. 215.93

31         and 215.94, F.S., relating to the Florida


                                  1

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    CS for SB 2610                                 First Engrossed



 1         Financial Management Information System;

 2         revising duties of the Financial Management

 3         Information Board and the functional owners of

 4         the information subsystems; requiring the

 5         Auditor General to provide technical advice;

 6         amending s. 215.97, F.S., relating to the

 7         Florida Single Audit Act; revising and

 8         providing definitions; revising the uniform

 9         state audit requirements for state financial

10         assistance that is provided by state agencies

11         to nonstate entities; requiring the Department

12         of Financial Services to adopt rules and

13         perform additional duties with respect to the

14         provision of financial assistance to carry out

15         state projects; specifying duties of

16         coordinating agencies; exempting nonstate

17         entities that act only as a conduit of state

18         financial assistance from the requirements of

19         the Florida Single Audit Act; amending s.

20         216.011, F.S.; revising definitions applicable

21         to the fiscal affairs of the state; defining

22         the terms "mandatory reserve," "budget

23         reserve," "activity," "qualified expenditure

24         category," and "statutorily authorized entity";

25         amending s. 216.013, F.S.; revising

26         requirements for the long-range program plans

27         developed by state agencies; providing for

28         submitting such plans on an alternate date

29         under certain circumstances; revising the date

30         for making adjustments; amending s. 216.023,

31         F.S., relating to legislative budget requests;


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    CS for SB 2610                                 First Engrossed



 1         providing alternate dates for submitting such

 2         requests under certain circumstances; providing

 3         requirements for a request to outsource or

 4         privatize agency functions; deleting certain

 5         requirements for performance-based program

 6         budget requests; changing the requirements for

 7         an annual inventory of certain litigation;

 8         amending s. 216.031, F.S.; revising

 9         requirements for target budget requests;

10         repealing s. 216.052(2), (3), (8), and (9),

11         F.S., relating to community budget requests and

12         a revolving loan program; repealing s.

13         216.053(5), F.S., relating to summary

14         information concerning performance-based

15         program budgets; amending s. 216.065, F.S.;

16         requiring that a fiscal impact statement

17         provided to the legislative appropriations

18         committees contain information concerning

19         subsequent fiscal years; amending s. 216.081,

20         F.S.; providing data requirements for the

21         Governor's recommended budget under certain

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

23         deleting references to conform; amending s.

24         216.134, F.S.; stipulating that consensus

25         estimating conferences are within the

26         legislative branch; revising provisions

27         relating to public meetings of consensus

28         estimating conferences; amending s. 216.136,

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

30         System Estimating Conference and the Juvenile

31         Justice Estimating Conference; amending s.


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    CS for SB 2610                                 First Engrossed



 1         216.162, F.S.; revising the date for the

 2         Governor to submit the recommended budget for

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

 4         references to the Working Capital Fund to

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

 6         216.168, F.S.; deleting provisions exempting

 7         the Governor from a requirement to submit

 8         amended recommendations; amending s. 216.177,

 9         F.S.; revising requirements for notifying the

10         Legislature of actions taken under ch. 216,

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

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

13         requiring approval of certain amendments to an

14         approved operating budget by the Legislative

15         Budget Commission; clarifying provisions with

16         respect to the notice required for the transfer

17         of lump-sum appropriations; revising

18         requirements for determining salary rates;

19         authorizing the Legislative Budget Commission

20         to approve salary rates; deleting certain

21         notice requirements; authorizing certain

22         refunds, payments, and transfers pursuant to

23         budget authority within the executive branch

24         and the judicial branch; requiring notice to

25         the chairs of the legislative committees

26         responsible for developing the general

27         appropriations acts; repealing ss. 216.1825 and

28         216.183, F.S., relating to the use of

29         zero-based budgeting principles and

30         performance-based program budgets; amending s.

31         216.192, F.S.; requiring an agency to submit an


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    CS for SB 2610                                 First Engrossed



 1         operational work plan for approval before funds

 2         or positions are released or transferred or

 3         spending authority is increased for information

 4         technology projects; providing requirements for

 5         the work plan; requiring that the agency submit

 6         project-status reports; requiring that the

 7         frequency of work plans and status reports be

 8         specified in the General Appropriations Act;

 9         deleting provisions authorizing the legislative

10         appropriations committees to provide advice

11         regarding the release of funds; authorizing the

12         Executive Office of the Governor and the Chief

13         Justice to place appropriations in mandatory

14         reserve or budget reserve; amending s. 216.195,

15         F.S.; deleting certain notice and review

16         requirements for the impoundment of funds;

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

18         Legislature to direct the use of any state

19         funds in an appropriations act; revising

20         requirements for adjusting budgets in order to

21         avoid or eliminate a deficit; revising

22         procedures for certifying a budget deficit;

23         revising requirements for the Governor and the

24         Chief Justice in developing plans of action;

25         requiring that the Legislative Budget

26         Commission implement certain reductions in

27         appropriations; revising requirements for

28         resolving deficits; requiring that certain

29         actions to resolve a deficit be approved by the

30         Legislative Budget Commission; amending s.

31         216.231, F.S., relating to the release of


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    CS for SB 2610                                 First Engrossed



 1         classified appropriations; conforming

 2         provisions to changes made by the act; amending

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

 4         Investment Program; correcting references;

 5         limiting the funding of certain proposals under

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

 7         requiring that the initiation or commencement

 8         of new programs be approved by the Legislative

 9         Budget Commission; deleting certain notice

10         requirements; limiting certain other actions

11         and budget adjustments by a state agency or the

12         judicial branch without the approval of the

13         Legislature or the Legislative Budget

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

15         correcting a reference; revising requirements

16         for establishing certain salaries; amending s.

17         216.262, F.S.; requiring the Legislative Budget

18         Commission to approve certain increases in the

19         number of positions; deleting provisions

20         authorizing an agency to retain salary dollars

21         under certain circumstances; amending s.

22         216.292, F.S.; revising provisions limiting the

23         transferability of appropriations; prohibiting

24         spending fixed capital outlay for other

25         purposes; prohibiting transferring

26         appropriations except as otherwise provided by

27         law; providing certain exceptions; amending s.

28         216.301, F.S.; revising requirements for

29         continuing unexpended balances of

30         appropriations for fixed capital outlay;

31         requiring approval by the Executive Office of


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    CS for SB 2610                                 First Engrossed



 1         the Governor; authorizing the President of the

 2         Senate and the Speaker of the House of

 3         Representatives to provide for the retention of

 4         certain balances from legislative budget

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

 6         relating to estimates made by the revenue

 7         estimating conference and provided to local

 8         governments; amending ss. 252.37 and 265.55,

 9         F.S.; deleting certain references to the

10         Working Capital Fund to conform to changes made

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

12         relating to the Olympic Games Guaranty Account

13         within the Economic Development Trust Fund;

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

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

16         providing duties of the Chief Financial Officer

17         with respect to the deposit of certain trust

18         fund moneys based on anticipated annual

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

20         that the Legislative Budget Commission approve

21         certain extensions of spending authority;

22         revising requirements for amending certain work

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

24         authorizing the Department of Health to obtain

25         reimbursement for special needs shelters from

26         unappropriated moneys in the General Revenue

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

28         provisions authorizing the Department of

29         Children and Family Services to transfer

30         certain funds in excess of the amount specified

31         in the General Appropriations Act; repealing s.


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    CS for SB 2610                                 First Engrossed



 1         409.912(11)(b), F.S., relating to the transfer

 2         of certain funds from the Department of Elderly

 3         Affairs to the Agency for Health Care

 4         Administration; amending ss. 468.392 and

 5         475.484, F.S.; deleting provisions exempting

 6         funds in the Auctioneer Recovery Fund and the

 7         Real Estate Recovery Fund from limitations

 8         imposed by an appropriation act; amending s.

 9         631.141, F.S.; clarifying provisions requiring

10         the Legislative Budget Commission to approve

11         certain appropriations; amending s. 921.001,

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

13         determinations with respect to legislation that

14         affects the prison population; amending s.

15         943.61, F.S., relating to appropriations to the

16         Capitol Police; deleting provisions requiring

17         approval by the Governor and the Legislative

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

19         deleting duties of the Workforce Estimating

20         Conference with respect to certain career

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

22         requiring a recommendation by the Governor

23         before placing certain school district funds in

24         reserve; providing for references to the

25         Working Capital Fund in certain appropriations

26         and proviso language to be replaced with a

27         reference to the General Revenue Fund;

28         providing effective dates.

29  

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

31  


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    CS for SB 2610                                 First Engrossed



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

 2  Statutes, is amended to read:

 3         14.2015  Office of Tourism, Trade, and Economic

 4  Development; creation; powers and duties.--

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

 6  Development shall ensure that the contract between the Florida

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

 8  organization contains a provision to provide the data on the

 9  visitor counts and visitor profiles used in revenue

10  estimating, employing the same methodology used in fiscal year

11  1995-1996 by the Department of Commerce. The Office of

12  Tourism, Trade, and Economic Development and the Florida

13  Commission on Tourism must advise and consult reach agreement

14  with the Consensus Estimating Conference principals before

15  making any changes in methodology used or information

16  gathered.

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

18  20.316, Florida Statutes, is amended to read:

19         20.316  Department of Juvenile Justice.--There is

20  created a Department of Juvenile Justice.

21         (4)  INFORMATION SYSTEMS.--

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

23  minimum:

24         1.  Facilitate case management of juveniles referred to

25  or placed in the department's custody.

26         2.  Provide timely access to current data and computing

27  capacity to support outcome evaluation, legislative oversight,

28  the Juvenile Justice Estimating Conference, and other

29  research.

30         3.  Provide automated support to the quality assurance

31  and program review functions.


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    CS for SB 2610                                 First Engrossed



 1         4.  Provide automated support to the contract

 2  management process.

 3         5.  Provide automated support to the facility

 4  operations management process.

 5         6.  Provide automated administrative support to

 6  increase efficiency, provide the capability of tracking

 7  expenditures of funds by the department or contracted service

 8  providers that are eligible for federal reimbursement, and

 9  reduce forms and paperwork.

10         7.  Facilitate connectivity, access, and utilization of

11  information among various state agencies, and other state,

12  federal, local, and private agencies, organizations, and

13  institutions.

14         8.  Provide electronic public access to juvenile

15  justice information, which is not otherwise made confidential

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

17         9.  Provide a system for the training of information

18  system users and user groups.

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

20  Florida Statutes, is amended to read:

21         45.062  Settlements, conditions, or orders when an

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

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

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

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

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

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

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

29  requires the expenditure of or the obligation to expend any

30  state funds or other state resources, exceeding $1 million,

31  


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    CS for SB 2610                                 First Engrossed



 1  the refund or future loss of state revenues exceeding $10

 2  million, or the establishment of any new program, unless:

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

 4  appropriation or program established by law; and

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

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

 7  Senate, the Speaker of the House of Representatives, the

 8  Senate and House minority leaders, the chairs of the

 9  appropriations committees of the Legislature, and the Attorney

10  General; and

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

12  within 5 business days or as soon thereafter as practicable,

13  before of the date the settlement or presettlement agreement

14  or order is to be made final to the President of the Senate,

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

16  House minority leaders, the chairs of the appropriations

17  committees of the Legislature, and the Attorney General. Such

18  notification shall specify how the agency involved will

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

20  appropriations.

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

22  notification required by this paragraph when settling any

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

24  amount less than $250,000.

25         2.  The notification specified in this paragraph is not

26  required if:

27         a.  The only settlement obligation of the state

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

29  less than $10,000;

30         b.  Notification would preclude the state's

31  participation in multi-state litigation;


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    CS for SB 2610                                 First Engrossed



 1         c.  Notification is precluded by federal law or

 2  regulation; or

 3         d.  Notification is precluded by court rule or

 4  sanction.

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

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

 7  action.

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

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

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

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

12  in excess of current appropriations or to policy changes

13  inconsistent with current state law shall be contingent upon

14  and subject to legislative appropriation or statutory

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

16  efforts to procure legislative funding or statutory amendment.

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

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

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

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

21  placed into the General Revenue Fund or the appropriate trust

22  fund.

23         (6)(5)  State executive branch agencies and officers

24  shall report to each substantive and fiscal committee of the

25  Legislature having jurisdiction over the reporting agency on

26  all potential settlements that may commit the state to:

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

28         (b)  Make policy changes inconsistent with current

29  state law.

30  

31  


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    CS for SB 2610                                 First Engrossed



 1  The state executive branch agency or officer shall provide

 2  periodic updates to the appropriate legislative committees on

 3  these issues during the settlement process.

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

 5  Statutes, is amended to read:

 6         110.1239  State group health insurance program

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

 8  group health insurance program be managed, administered,

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

10  protection of state employee health insurance benefits.

11  Inherent in this intent is the recognition that the health

12  insurance liabilities attributable to the benefits offered

13  state employees should be fairly, orderly, and equitably

14  funded. Accordingly:

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

16  necessary to fully fund the state group health insurance

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

18  made after each Self-Insurance Estimating Conference as

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

20  December 1 and April 1 of each fiscal year.

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

22  110.1245, Florida Statutes, is amended to read:

23         110.1245  Savings sharing program; bonus payments;

24  other awards.--

25         (1)

26         (b)  Each agency head shall recommend employees

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

28  which amount shall be directly related to the cost savings

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

30  approved by the Legislative Budget Budgeting Commission.

31  


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    CS for SB 2610                                 First Engrossed



 1         Section 6.  Section 215.32, Florida Statutes, is

 2  amended to read:

 3         215.32  State funds; segregation.--

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

 5  deposited in the State Treasury unless specifically provided

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

 7  by the Chief Financial Officer within the following funds,

 8  which funds are hereby created and established:

 9         (a)  General Revenue Fund.

10         (b)  Trust funds.

11         (c)  Working Capital Fund.

12         (c)(d)  Budget Stabilization Fund.

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

14  as follows:

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

16  moneys received by the state from every source whatsoever,

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

18  shall be expended pursuant to General Revenue Fund

19  appropriations acts, or transferred as provided in paragraph

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

21  general revenue shall be considered the working capital

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

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

24  to meet General Revenue Fund appropriations for the current

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

26  increase in General Revenue Fund receipts for the upcoming

27  fiscal year over the current year General Revenue Fund

28  effective appropriations shall be appropriated for state-level

29  capital outlay, including infrastructure improvement and

30  general renovation, maintenance, and repairs.

31  


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    CS for SB 2610                                 First Engrossed



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

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

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

 4  or branch of state government receiving or collecting such

 5  moneys shall be responsible for their proper expenditure as

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

 7  branch of state government responsible for the administration

 8  of the trust fund, the Chief Financial Officer may establish

 9  accounts within the trust fund at a level considered necessary

10  for proper accountability. Once an account is established

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

12  payment from that account only upon determining that there is

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

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

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

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

17  operations:

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

19  depository for funds to be used for program operations funded

20  by program revenues, with the exception of administrative

21  activities when the operations or operating trust fund is a

22  proprietary fund.

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

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

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

26  for funds to be used for management activities that are

27  departmental in nature and funded by indirect cost earnings

28  and assessments against trust funds. Proprietary funds are

29  excluded from the requirement of using an administrative trust

30  fund.

31  


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    CS for SB 2610                                 First Engrossed



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

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

 3  agreement activities funded by restricted contractual revenue

 4  from private and public nonfederal sources.

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

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

 7         f.  Clearing funds trust fund, for use as a depository

 8  for funds to account for collections pending distribution to

 9  lawful recipients.

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

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

12  restricted program revenues from federal sources.

13  

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

15  accounting to use existing trust funds consistent with the

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

17  trust funds listed in this subparagraph and cannot make such

18  adjustment, the agency must recommend the creation of the

19  necessary trust funds to the Legislature no later than the

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

21  s. 215.3206.

22         3.  All such moneys are hereby appropriated to be

23  expended in accordance with the law or trust agreement under

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

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

26  applicable laws relating to the deposit or expenditure of

27  moneys in the State Treasury.

28         4.a.  Notwithstanding any provision of law restricting

29  the use of trust funds to specific purposes, unappropriated

30  cash balances from selected trust funds may be authorized by

31  the Legislature for transfer to the Budget Stabilization Fund


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    CS for SB 2610                                 First Engrossed



 1  and General Revenue Working Capital Fund in the General

 2  Appropriations Act.

 3         b.  This subparagraph does not apply to trust funds

 4  required by federal programs or mandates; trust funds

 5  established for bond covenants, indentures, or resolutions

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

 7  to meet debt service or other financial requirements of any

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

 9  Transportation Trust Fund; the trust fund containing the net

10  annual proceeds from the Florida Education Lotteries; the

11  Florida Retirement System Trust Fund; trust funds under the

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

13  where such trust funds are for auxiliary enterprises,

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

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

16  clearing funds or accounts for the Chief Financial Officer or

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

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

19  individuals, private organizations, or other governmental

20  units; and other trust funds authorized by the State

21  Constitution.

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

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

24  for the General Revenue Fund during the last completed fiscal

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

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

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

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

29  fiscal year" means the most recently completed fiscal year

30  prior to the regular legislative session at which the

31  Legislature considers the General Appropriations Act for the


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    CS for SB 2610                                 First Engrossed



 1  year in which the transfer to the Budget Stabilization Fund

 2  must be made under this paragraph.

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

 4  authorize the Chief Financial Officer to transfer, and the

 5  Chief Financial Officer shall transfer pursuant to

 6  appropriations made by law, to the Budget Stabilization Fund

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

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

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

10  transfer may be appropriated by the Legislature from any

11  funds.

12         3.  Unless otherwise provided in this subparagraph, an

13  expenditure from the Budget Stabilization Fund must be

14  restored pursuant to a restoration schedule that provides for

15  making five equal annual transfers from the General Revenue

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

17  which the expenditure was made. For any Budget Stabilization

18  Fund expenditure, the Legislature may establish by law a

19  different restoration schedule and such change may be made at

20  any time during the restoration period. Moneys are hereby

21  appropriated for transfers pursuant to this subparagraph.

22         4.  The Budget Stabilization Fund and the Working

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

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

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

26         5.  The Chief Financial Officer and the Department of

27  Management Services shall transfer funds to water management

28  districts to pay eligible water management district employees

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

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

31  


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    CS for SB 2610                                 First Engrossed



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

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

 3  needed to meet General Revenue Fund appropriations for the

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

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

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

 7  transferred between the Working Capital Fund and the General

 8  Revenue Fund to establish the balance of the Working Capital

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

10  this paragraph.

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

12  Statutes, is amended to read:

13         215.5601  Lawton Chiles Endowment Fund.--

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

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

16  legislative appropriation shall be transferred by the board to

17  the Department of Financial Services Tobacco Settlement

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

19  accordance with the legislative appropriation.

20         1.  Appropriations by the Legislature to the Department

21  of Health from endowment earnings from the principal set aside

22  for biomedical research shall be from a category called the

23  James and Esther King Biomedical Research Program and shall be

24  deposited into the Biomedical Research Trust Fund in the

25  Department of Health established in s. 20.435.

26         2.  Appropriations by the Legislature to the Department

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

28  the Department of Elderly Affairs from endowment earnings for

29  health and human services programs shall be from a category

30  called the Lawton Chiles Endowment Fund Programs and shall be

31  


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    CS for SB 2610                                 First Engrossed



 1  deposited into each department's respective Tobacco Settlement

 2  Trust Fund as appropriated.

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

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

 5  the purposes intended by the Legislature, the Legislature

 6  shall establish line item categories for the state agencies

 7  describing the designated use of the appropriated funds as

 8  provided in the General Appropriations Act.

 9         (c)  The secretaries of the state agencies shall

10  conduct meetings to discuss priorities for endowment funding

11  for health and human services programs for children and elders

12  before submitting their legislative budget requests to the

13  Executive Office of the Governor and the Legislature. The

14  purpose of the meetings is to gain consensus for priority

15  requests and recommended endowment funding levels for those

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

17  secretaries of the state agencies shall also submit their

18  consensus priority requests to the Lawton Chiles Endowment

19  Fund Advisory Council created in subsection (6).

20         (d)  Subject to legislative appropriations, state

21  agencies shall use distributions from the endowment to enhance

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

23  program costs in health and human services program areas.

24  Funds distributed from the endowment may not be used to

25  supplant existing revenues.

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

27  216.351, all unencumbered balances of appropriations from each

28  department's respective Tobacco Settlement Trust Fund as of

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

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

31  


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    CS for SB 2610                                 First Engrossed



 1  Biomedical Research Trust Fund shall be managed as provided in

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

 3         (f)  When advised by the Revenue Estimating Conference

 4  that a deficit will occur with respect to the appropriations

 5  from the tobacco settlement trust funds of the state agencies

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

 7  action to eliminate the deficit. Before implementing the plan

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

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

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

11  absent any specific directions to the contrary in the General

12  Appropriations Act, any reductions in appropriations from the

13  tobacco settlement trust funds of the state agencies for a

14  fiscal year shall be prorated among the specific

15  appropriations made from all tobacco settlement trust funds of

16  the state agencies for that year.

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

18  Statutes, is amended to read:

19         215.93  Florida Financial Management Information

20  System.--

21         (3)  The Florida Financial Management Information

22  System shall include financial management data and utilize the

23  chart of accounts approved by the Chief Financial Officer.

24  Common financial management data shall include, but not be

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

26  more of the functional owner subsystems.  The Florida

27  Financial Management Information System shall utilize common

28  financial management data codes.  The council shall recommend

29  and the board shall adopt policies regarding the approval and

30  publication of the financial management data.  The Chief

31  Financial Officer shall adopt policies regarding the approval


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    CS for SB 2610                                 First Engrossed



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

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

 3  common financial management data codes established by the

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

 5  Florida Financial Management Information System which provide

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

 7  the Florida Financial Management Information System and the

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

 9  cannot be supplied by the Florida Financial Management

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

11  accounts and that are required for use by the information

12  subsystems shall be approved by the board upon recommendation

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

14  be required for those data codes specified by the Auditor

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

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

17  Statutes, is amended to read:

18         215.94  Designation, duties, and responsibilities of

19  functional owners.--

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

21  the respective functional owner of each information subsystem

22  shall be responsible for ensuring The Auditor General shall be

23  advised by the functional owner of each information subsystem

24  as to the date that the development or significant

25  modification of its functional system specifications is to

26  begin.

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

28  participate with each functional owner to the extent necessary

29  to provide assurance that:

30  

31  


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    CS for SB 2610                                 First Engrossed



 1         1.  The accounting information produced by the

 2  information subsystem adheres to generally accepted accounting

 3  principles.

 4         2.  The information subsystem contains the necessary

 5  controls to maintain its integrity, within acceptable limits

 6  and at an acceptable cost.

 7         3.  The information subsystem is auditable.

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

 9  functional owner of each information subsystem as to the date

10  that the development or significant modification of its

11  functional system specifications is to begin. The Auditor

12  General shall provide technical advice, as allowed by

13  professional auditing standards, on specific issues relating

14  to the design, implementation, and operation of each

15  information subsystem. specify those additional features,

16  characteristics, controls, and internal control measures

17  deemed necessary to carry out the provisions of this

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

19  functional owner to ensure installation and incorporation of

20  such specified features, characteristics, controls, and

21  internal control measures within each information subsystem.

22         Section 10.  Section 215.97, Florida Statutes, is

23  amended to read:

24         215.97  Florida Single Audit Act.--

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

26         (a)  Establish uniform state audit requirements for

27  state financial assistance provided by state agencies to

28  nonstate entities to carry out state projects.

29         (b)  Promote sound financial management, including

30  effective internal controls, with respect to state financial

31  assistance administered by nonstate entities.


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    CS for SB 2610                                 First Engrossed



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

 2  the extent possible on already required audits of federal

 3  financial assistance provided to nonstate entities.

 4         (d)  Provide for identification of state financial

 5  assistance transactions in the appropriations act, state

 6  accounting records, and recipient organization records.

 7         (e)  Promote improved coordination and cooperation

 8  within and between affected state agencies providing state

 9  financial assistance and nonstate entities receiving state

10  assistance.

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

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

13  financial assistance provided to nonstate entities.

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

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

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

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

18  conducted in accordance with this section. Each nonstate

19  entity that expends a total amount of state financial

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

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

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

23  fiscal year in accordance with the requirements of this

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

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

26  Financial Services Chief Financial Officer, and all state

27  awarding agencies that provide state financial assistance to

28  nonstate entities, shall review the threshold amount for

29  requiring audits under this section and may adjust such

30  threshold dollar amount consistent with the purposes purpose

31  of this section.


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    CS for SB 2610                                 First Engrossed



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

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

 3  for-profit organizations, nonprofit organizations, or local

 4  governmental entities.

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

 6  comprehensive listing of state projects. The Catalog of State

 7  Financial Assistance shall be issued by the Department of

 8  Financial Services Executive Office of the Governor after

 9  conferring with the Executive Office of the Governor Chief

10  Financial Officer and all state awarding agencies that provide

11  state financial assistance to nonstate entities. The Catalog

12  of State Financial Assistance shall include for each listed

13  state project: the responsible state awarding agency; standard

14  state project number identifier; official title; legal

15  authorization; and description of the state project, including

16  objectives, restrictions, application and awarding procedures,

17  and other relevant information determined necessary.

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

19  agency that provides the predominant amount of state financial

20  assistance expended by a recipient, as determined by the

21  recipient's Schedule of Expenditures of State Financial

22  Assistance. To provide continuity, the determination of the

23  predominant amount of state financial assistance shall be

24  based upon state financial assistance expended in the

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

26  every third year thereafter.

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

28  nonstate entities' financial statements, Schedule of

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

30  management letter, auditee's written responses or corrective

31  action plan, correspondence on followup of prior years'


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    CS for SB 2610                                 First Engrossed



 1  corrective actions taken, and such other information

 2  determined by the Auditor General to be necessary and

 3  consistent with the purposes of this section.

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

 5  assistance from federal sources passed through the state and

 6  provided to nonstate organizations entities to carry out a

 7  federal program. "Federal financial assistance" includes all

 8  types of federal assistance as defined in applicable United

 9  States Office of Management and Budget circulars.

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

11  organization or sole proprietor that but is not a local

12  governmental entity or a nonprofit organization.

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

14  external state or local government auditor or a certified

15  public accountant licensed under chapter 473 who meets the

16  independence standards.

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

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

19  other personnel, designed to provide reasonable assurance

20  regarding the achievement of objectives in the following

21  categories:

22         1.  Effectiveness and efficiency of operations.

23         2.  Reliability of financial operations.

24         3.  Compliance with applicable laws and regulations.

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

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

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

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

29  styled, which independently exercises any type of governmental

30  function within the state.

31  


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    CS for SB 2610                                 First Engrossed



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

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

 3  of Financial Services Executive Office of the Governor. Such

 4  criteria shall be established after consultation with all the

 5  Chief Financial Officer and appropriate state awarding

 6  agencies that provide state financial assistance and shall

 7  consider the amount of state project expenditures and or

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

 9  audited in accordance with the requirements of this section.

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

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

12         1.  Is operated primarily for scientific, educational

13  service, charitable, or similar purpose in the public

14  interest;

15         2.  Is not organized primarily for profit;

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

17  the operations of the organization; and

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

19  to its members, directors, or officers.

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

21  entity, nonprofit organization, or for-profit organization

22  that receives state financial assistance resources.

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

24  receives state financial assistance directly from a state

25  awarding agency.

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

27  Assistance" means a document prepared in accordance with the

28  rules of the Department of Financial Services Chief Financial

29  Officer and included in each financial reporting package

30  required by this section.

31  


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    CS for SB 2610                                 First Engrossed



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

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

 3  responsible for the operations and outcomes of a state

 4  project, regardless of the state agency that actually provides

 5  provided state financial assistance to a the nonstate entity.

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

 7  assistance from state resources, not including federal

 8  financial assistance and state matching on federal programs,

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

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

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

12  Department of Financial Services Executive Office of the

13  Governor established in consultation with all the Chief

14  Financial Officer and appropriate state awarding agencies that

15  provide state financial assistance. It includes State

16  financial assistance may be provided directly by state

17  awarding agencies or indirectly by nonstate entities

18  recipients of state awards or subrecipients. State financial

19  assistance It does not include procurement contracts used to

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

21  procurement contracts with vendors are outside of the scope of

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

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

24  excluded from the audit requirements of this section.

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

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

27  financial participation matching requirements of federal

28  programs.

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

30  activities undertaken to realize identifiable goals and

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


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    CS for SB 2610                                 First Engrossed



 1  legislative intent requiring accountability for state

 2  resources.

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

 4  provides all state financial assistance to a nonstate

 5  organization and that must be entity assigned a single state

 6  project number identifier in the Catalog of State Financial

 7  Assistance.

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

 9  document issued by the Department of Financial Services

10  Executive Office of the Governor, in consultation with the

11  Chief Financial Officer and all state awarding agencies that

12  provide state financial assistance. The State Projects

13  Compliance Supplement shall identify state projects, the

14  significant compliance requirements, eligibility requirements,

15  matching requirements, suggested audit procedures, and other

16  relevant information determined necessary.

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

18  of one state project performed in accordance with the

19  requirements of subsection (10) (9).

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

21  nonstate entity's financial statements and state financial

22  assistance. Such audits shall be conducted in accordance with

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

24  General.

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

26  receives state financial assistance through another nonstate

27  entity.

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

29  or other seller providing goods or services that are required

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

31  


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    CS for SB 2610                                 First Engrossed



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

 2  beneficiaries of the state project.

 3         (3)  The Executive Office of the Governor is

 4  responsible for notifying the Department of Financial Services

 5  of any actions during the budgetary process which impact the

 6  Catalog of State Financial Assistance. shall:

 7         (a)  Upon conferring with the Chief Financial Officer

 8  and all state awarding agencies, adopt rules necessary to

 9  provide appropriate guidance to state awarding agencies,

10  recipients and subrecipients, and independent auditors of

11  state financial assistance relating to the requirements of

12  this section, including:

13         1.  The types or classes of financial assistance

14  considered to be state financial assistance which would be

15  subject to the requirements of this section. This would

16  include guidance to assist in identifying when the state

17  agency or recipient has contracted with a vendor rather than

18  with a recipient or subrecipient.

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

20         3.  The criteria for selecting state projects for

21  audits based on inherent risk.

22         (b)  Be responsible for coordinating the initial

23  preparation and subsequent revisions of the Catalog of State

24  Financial Assistance after consultation with the Chief

25  Financial Officer and all state awarding agencies.

26         (c)  Be responsible for coordinating the initial

27  preparation and subsequent revisions of the State Projects

28  Compliance Supplement, after consultation with the Chief

29  Financial Officer and all state awarding agencies.

30         (4)  The Department of Financial Services Chief

31  Financial Officer shall:


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    CS for SB 2610                                 First Engrossed



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

 2  Governor and all state awarding agencies, adopt rules

 3  necessary to provide appropriate guidance to state awarding

 4  agencies, nonstate entities, and independent auditors of state

 5  financial assistance relating to the requirements of this

 6  section, including:

 7         1.  The types or classes of state resources considered

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

 9  requirements of this section. This would include guidance to

10  assist in identifying when the state awarding agency or a

11  nonstate entity has contracted with a vendor rather than with

12  a recipient or subrecipient.

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

14         3.  The criteria for selecting state projects for

15  audits based on inherent risk.

16         (b)  Be responsible for coordinating revisions to the

17  Catalog of State Financial Assistance after consultation with

18  the Executive Office of the Governor and all state awarding

19  agencies.

20         (c)  Be responsible for coordinating with the Executive

21  Office of the Governor actions affecting the budgetary process

22  under paragraph (b).

23         (d)  Be responsible for coordinating revisions to the

24  State Projects Compliance Supplement, after consultation with

25  the Executive Office of the Governor and all state awarding

26  agencies.

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

28  system to provide for the:

29         1.  Recording of state financial assistance and federal

30  financial assistance appropriations and expenditures within

31  the state awarding agencies' operating funds.


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    CS for SB 2610                                 First Engrossed



 1         2.  Recording of state project number identifiers, as

 2  provided in the Catalog of State Financial Assistance, for

 3  state financial assistance.

 4         3.  Establishment and recording of an identification

 5  code for each financial transaction, including awarding state

 6  agencies' disbursements of state financial assistance and

 7  federal financial assistance, as to the corresponding type or

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

 9  governmental agencies, nonprofit organizations, and for-profit

10  organizations), and disbursements of federal financial

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

12  is not a nonstate entity recipient or subrecipient.

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

14  the Governor and all state awarding agencies, adopt rules

15  necessary to provide appropriate guidance to state awarding

16  agencies, nonstate entities recipients and subrecipients, and

17  independent auditors of state financial assistance relating to

18  the format for the Schedule of Expenditures of State Financial

19  Assistance.

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

21  investigations, or audits of state financial assistance

22  considered necessary in carrying out the Department of

23  Financial Services' Chief Financial Officer's legal

24  responsibilities for state financial assistance or to comply

25  with the requirements of this section.

26         (5)  Each state awarding agency shall:

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

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

29  including:

30         1.  The audit and accountability requirements for state

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


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    CS for SB 2610                                 First Engrossed



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

 2  Financial Services Chief Financial Officer, and rules of the

 3  Auditor General.

 4         2.  Information from the Catalog of State Financial

 5  Assistance, including the standard state project number

 6  identifier; official title; legal authorization; and

 7  description of the state project including objectives,

 8  restrictions, and other relevant information determined

 9  necessary.

10         3.  Information from the State Projects Compliance

11  Supplement, including the significant compliance requirements,

12  eligibility requirements, matching requirements, suggested

13  audit procedures, and other relevant information determined

14  necessary.

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

16  state financial assistance, to allow the state awarding

17  agency, the Department of Financial Services Chief Financial

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

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

20  papers as necessary for complying with the requirements of

21  this section.

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

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

24  arrange for the conduct of additional audits or evaluations of

25  state financial assistance or limit the authority of any state

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

27  other state official.

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

29  package prepared in accordance with the requirement of this

30  section.

31  


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    CS for SB 2610                                 First Engrossed



 1         (e)  Review the recipient's recipient financial

 2  reporting package, including the management letters and

 3  corrective action plans, to the extent necessary to determine

 4  whether timely and appropriate corrective action has been

 5  taken with respect to audit findings and recommendations

 6  pertaining to state financial assistance that are specific to

 7  provided by the state awarding agency.

 8         (f)  Designate within the state awarding agency an

 9  organizational unit that will be responsible for reviewing

10  financial reporting packages pursuant to paragraph (e).

11  

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

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

14  designated organizational unit shall communicate to the

15  coordinating agency the state awarding agency's approval of

16  the recipient's corrective action plan with respect to

17  findings and recommendations that are not specific to the

18  state awarding agency.

19         (6)  Each coordinating agency shall:

20         (a)  Review the recipient's financial reporting

21  package, including the management letter and corrective action

22  plan, to identify audit findings and recommendations that

23  affect state financial assistance which are not specific to a

24  particular state awarding agency.

25         (b)  For any such findings and recommendations,

26  determine:

27         1.  Whether timely and appropriate corrective action

28  has been taken.

29         2.  Promptly inform the state awarding agency's

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

31  


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    CS for SB 2610                                 First Engrossed



 1  the recipient to comply with the approved corrective action

 2  plan.

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

 4  use of any succeeding coordinating agency.

 5         (7)(6)  As a condition of receiving state financial

 6  assistance, each nonstate entity recipient that provides state

 7  financial assistance to a subrecipient shall:

 8         (a)  Provide to each a subrecipient information needed

 9  by the subrecipient to comply with the requirements of this

10  section, including:

11         1.  Identification of the state awarding agency.

12         2.  The audit and accountability requirements for state

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

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

15  Financial Services Chief Financial Officer, and rules of the

16  Auditor General.

17         3.  Information from the Catalog of State Financial

18  Assistance, including the standard state project number

19  identifier; official title; legal authorization; and

20  description of the state project, including objectives,

21  restrictions, and other relevant information.

22         4.  Information from the State Projects Compliance

23  Supplement including the significant compliance requirements,

24  eligibility requirements, matching requirements, and suggested

25  audit procedures, and other relevant information determined

26  necessary.

27         (b)  Review the financial reporting package of the

28  subrecipient audit reports, including the management letter

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

30  determine whether timely and appropriate corrective action has

31  been taken with respect to audit findings and recommendations


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    CS for SB 2610                                 First Engrossed



 1  pertaining to state financial assistance provided by a the

 2  state awarding agency or nonstate entity.

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

 4  terms and conditions of the written agreement with the state

 5  awarding agency or nonstate entity, including any required

 6  monitoring of the subrecipient's use of state financial

 7  assistance through onsite visits, limited scope audits, or

 8  other specified procedures.

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

10  state financial assistance, to permit the independent auditor

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

12  the Department of Financial Services Chief Financial Officer,

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

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

15  necessary to comply with the requirements of this section.

16         (8)(7)  Each recipient or subrecipient of state

17  financial assistance shall comply with the following:

18         (a)  Each nonstate entity that receives state financial

19  assistance and meets the audit threshold requirements, in any

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

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

22  for such fiscal year in accordance with the requirements of

23  this act and with additional requirements established in rules

24  of the Executive Office of the Governor, rules of the

25  Department of Financial Services Chief Financial Officer, and

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

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

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

29  of the state project for that fiscal year.

30         (b)  Each nonstate entity that receives state financial

31  assistance and does not meet the audit threshold requirements,


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    CS for SB 2610                                 First Engrossed



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

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

 3  fiscal year from the state single audit requirements of this

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

 5  conditions specified in the written agreement with the state

 6  awarding agency or nonstate entity.

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

 8  required activities related to the administration of a state

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

10  assistance, none of the requirements of the Florida Single

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

12  nonstate entity that is provided state financial assistance by

13  the conduit nonstate entity is subject to the requirements of

14  the Florida Single Audit Act.

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

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

17  a nonstate entity from compliance with provisions of law

18  relating to maintaining records concerning state financial

19  assistance to such nonstate entity or allowing access and

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

21  nonstate entity, the Department of Financial Services Chief

22  Financial Officer, or the Auditor General.

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

24  be performed annually.

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

26  be conducted by independent auditors in accordance with

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

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

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

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

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


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    CS for SB 2610                                 First Engrossed



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

 2  package shall be filed with the nonstate entity recipient that

 3  provided the state financial assistance and the Auditor

 4  General. The financial reporting package shall be filed in

 5  accordance with the rules of the Auditor General.

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

 7  pursuant to the requirements of this section shall be

 8  available for public inspection.

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

10  discloses any significant audit findings relating to state

11  financial assistance, including material noncompliance with

12  individual state project compliance requirements or reportable

13  conditions in internal controls of the nonstate entity, the

14  nonstate entity shall submit as part of the financial

15  reporting audit package to the state awarding agency or

16  nonstate entity a plan for corrective action to eliminate such

17  audit findings or a statement describing the reasons that

18  corrective action is not necessary.

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

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

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

22  regulations. To the extent that such federally required audits

23  provide the state awarding agency or nonstate entity with

24  information it requires to carry out its responsibilities

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

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

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

28  audits pursuant to this section are is allowable charges to

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

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

31  the audit requirements of this section in relation to other


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    CS for SB 2610                                 First Engrossed



 1  audit requirements. The nonstate entity should allocate such

 2  incremental costs to all state projects for which it expended

 3  state financial assistance.

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

 5  projects when audits required by this section have not been

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

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

 8  consistent with this section, a state awarding agency or

 9  nonstate entity agencies may take appropriate corrective

10  action to enforce compliance.

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

12  awarding agency or nonstate entity from including terms and

13  conditions in the written agreement which require additional

14  assurances that state financial assistance meets the

15  applicable requirements of laws, regulations, and other

16  compliance rules.

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

18  provides state financial assistance to nonstate entities and

19  conducts or arranges for audits of state financial assistance

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

21  including audits of nonstate entities that do not meet the

22  audit threshold requirements, shall, consistent with other

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

24  additional audits.

25         (9)(8)  The independent auditor when conducting a state

26  single audit of a nonstate entity recipients or subrecipients

27  shall:

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

29  statements are presented fairly in all material respects in

30  conformity with generally accepted accounting principles.

31  


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    CS for SB 2610                                 First Engrossed



 1         (b)  Determine whether state financial assistance shown

 2  on the Schedule of Expenditures of State Financial Assistance

 3  is presented fairly in all material respects in relation to

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

 5         (c)  With respect to internal controls pertaining to

 6  each major state project:

 7         1.  Obtain an understanding of internal controls;

 8         2.  Assess control risk;

 9         3.  Perform tests of controls unless the controls are

10  deemed to be ineffective; and

11         4.  Determine whether the nonstate entity has internal

12  controls in place to provide reasonable assurance of

13  compliance with the provisions of laws and rules pertaining to

14  state financial assistance that have a material effect on each

15  major state project.

16         (d)  Determine whether each major state project

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

18  identified in the State Projects Compliance Supplement, or

19  otherwise identified by the state awarding agency, which have

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

21  state projects are less than 50 percent of the nonstate

22  entity's total expenditures for all state financial

23  assistance, the auditor shall select and test additional state

24  projects as major state projects as necessary to achieve audit

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

26  state financial assistance provided to the nonstate entity.

27  Additional state projects needed to meet the 50-percent

28  requirement may be selected on an inherent risk basis as

29  stated in the rules of the Department of Financial Services

30  Executive Office of the Governor.

31  


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    CS for SB 2610                                 First Engrossed



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

 2  pursuant to this section in accordance with the 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. Financial reporting packages must Audit

 6  reports shall include summaries of the auditor's results

 7  regarding the nonstate entity's financial statements; Schedule

 8  of Expenditures of State Financial Assistance; internal

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

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

11  rules of the Auditor General.

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

13  available the working papers relating to the audit conducted

14  pursuant to the requirements of this section to the state

15  awarding agency, the Department of Financial Services Chief

16  Financial Officer, or the Auditor General for review or

17  copying.

18         (10)(9)  The independent auditor, when conducting a

19  state project-specific audit of a nonstate entity recipients

20  or subrecipients, shall:

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

22  of Expenditure of State Financial Assistance is presented

23  fairly in all material respects in conformity with stated

24  accounting policies.

25         (b)  Obtain an understanding of internal controls

26  control and perform tests of internal controls control over

27  the state project consistent with the requirements of a major

28  state project.

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

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

31  identified in the State Projects Compliance Supplement, or


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    CS for SB 2610                                 First Engrossed



 1  otherwise identified by the state awarding agency, which could

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

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

 4  project-specific audit consistent with the requirements of the

 5  state single audit and issue a management letter as prescribed

 6  in the rules of the Auditor General.

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

 8  available the working papers relating to the audit conducted

 9  pursuant to the requirements of this section to the state

10  awarding agency, the Department of Financial Services Chief

11  Financial Officer, or the Auditor General for review or

12  copying.

13         (11)(10)  The Auditor General shall:

14         (a)  Have the authority to audit state financial

15  assistance provided to any nonstate entity when determined

16  necessary by the Auditor General or when directed by the

17  Legislative Auditing Committee.

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

19  independent auditors are to follow for audits of nonstate

20  entities required by this section.

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

22  filing deadlines for the financial reporting package.

23         (d)  Provide technical advice upon request of the

24  Department of Financial Services Chief Financial Officer,

25  Executive Office of the Governor, and state awarding agencies

26  relating to financial reporting and audit responsibilities

27  contained in this section.

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

29  package prepared in accordance with the requirements of this

30  section.

31  


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    CS for SB 2610                                 First Engrossed



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

 2  reporting packages filed pursuant to the requirements of this

 3  section to determine compliance with the reporting

 4  requirements of this section and applicable rules of the

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

 6  Financial Services Chief Financial Officer, and rules of the

 7  Auditor General.

 8         Section 11.  Paragraphs (a), (b), (gg), (hh), and (jj)

 9  of subsection (1) of section 216.011, Florida Statutes, are

10  amended, paragraphs (rr) and (ss) are added to that

11  subsection, and paragraph (c) is added to subsection (3) of

12  that section, to read:

13         216.011  Definitions.--

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

15  appropriations acts, legislative budgets, and approved

16  budgets, each of the following terms has the meaning

17  indicated:

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

19  compensation authorized to be paid a position on an annualized

20  basis. The term does not include moneys authorized for

21  benefits associated with the position. In calculating salary

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

23  the pay grade for that position.

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

25  make expenditures for specific purposes within the amounts

26  authorized by law in the appropriations act.

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

28  appropriation by the Governor or the Legislative Budget

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

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

31  reserve either directly or indirectly. "Performance-based


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    CS for SB 2610                                 First Engrossed



 1  program appropriation" means the appropriation category used

 2  to fund a specific set of activities or classification of

 3  expenditure within an approved performance-based program.

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

 5  authorized by the Legislature, of an appropriation or portion

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

 7  conditions set by the Legislature are met by the affected

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

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

10  time of, passage of the General Appropriations Act.

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

12  incorporates approved programs and performance measures.

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

14  undertaken in accordance with a plan of action organized to

15  realize identifiable goals and objectives based on legislative

16  authorization.

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

18  identifiable starting and ending points, consumes resources,

19  and produces outputs.

20         (ss)  "Qualified expenditure category" means the

21  appropriations category used to fund specific activities and

22  projects which must be transferred to one or more

23  appropriation categories for expenditure upon the

24  recommendation by the Governor or Chief Justice, as

25  appropriate, and subject to approval by the Legislative Budget

26  Commission.

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

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

29  primarily acting as an instrumentality of the state, any

30  regulatory or governing body, or any other governmental or

31  quasi-governmental organization that receives, disburses,


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    CS for SB 2610                                 First Engrossed



 1  expends, administers, awards, recommends expenditure of,

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

 3  appropriated by the Legislature and:

 4         1.  Is created, organized, or specifically authorized

 5  to be created or established by general law; or

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

 7  other unit of state government in providing programs or

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

 9  population.

10         Section 12.  Effective July 1, 2006, paragraph (n) of

11  subsection (1) of section 216.011, Florida Statutes, as

12  amended by section 11 of this act, is amended to read:

13         216.011  Definitions.--

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

15  appropriations acts, legislative budgets, and approved

16  budgets, each of the following terms has the meaning

17  indicated:

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

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

20  agency or the judicial branch, including such items as

21  contractual services, commodities, and supplies of a

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

23  excluding expenditures classified as operating capital outlay.

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

25  may be included in this category.

26         Section 13.  Subsections (1), (2), (3), and (9) of

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

28         216.013  Long-range program plan.--

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

30  plans to achieve state goals using an interagency planning

31  process that includes the development of integrated agency


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    CS for SB 2610                                 First Engrossed



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

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

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

 4  development of agency budget requests and shall:

 5         (a)  Identify agency programs and address how agency

 6  programs will be used to implement state policy and achieve

 7  state goals and program component objectives;

 8         (b)  Identify and describe agency services and

 9  activities functions and how they will be used to achieve

10  designated outcomes;

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

12  costs for each activity function;

13         (d)  Provide information regarding performance

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

15  is collected, the methodology used to measure a performance

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

17  appropriateness of a measure, and whether the agency inspector

18  general has assessed the reliability and validity of agency

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

20         (e)  Identify and justify facility and fixed capital

21  outlay projects and their associated costs; and

22         (f)  Identify and justify information technology

23  infrastructure and applications and their associated costs for

24  information technology projects or initiatives.

25         (2)  All agency activities functions and their costs

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

27  justification must clearly demonstrate the needs of agency

28  customers and clients and why the agency is proposing

29  functions and their associated costs to address the needs

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

31  authorization.  Further, the justification must show how


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    CS for SB 2610                                 First Engrossed



 1  agency functions are integrated and contribute to the overall

 2  achievement of state goals.  Facilities, fixed capital outlay

 3  and information technology infrastructure, and applications

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

 5  216.0446, respectively.

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

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

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

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

10  legislative appropriations committees, in a form and manner

11  prescribed by the Executive Office of the Governor and the

12  chairs of the legislative appropriations committees. Such

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

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

15  President of the Senate and the Speaker of the House of

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

17  Office of the Governor.

18         (9)  Agencies and the judicial branch shall make

19  appropriate adjustments to their long-range program plans to

20  be consistent with the appropriations and performance measures

21  in the General Appropriations Act and legislation implementing

22  the General Appropriations Act. Agencies and the judicial

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

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

25  the Governor for review.

26         Section 14.  Section 216.023, Florida Statutes, is

27  amended to read:

28         216.023  Legislative budget requests to be furnished to

29  Legislature by agencies.--

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

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


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    CS for SB 2610                                 First Engrossed



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

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

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

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

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

 6  may not shall submit its complete legislative budget request,

 7  including all supporting forms and schedules required by this

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

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

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

11  legislative appropriations committees.

12         (2)  The judicial branch and the Division of

13  Administrative Hearings shall submit their complete

14  legislative budget requests directly to the Legislature with a

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

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

17  However, the complete legislative budget requests, including

18  all supporting forms and schedules required by this chapter,

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

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

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

22  legislative appropriations committees.

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

24  appropriations committees of the Legislature shall jointly

25  develop legislative budget instructions for preparing the

26  exhibits and schedules that make up the agency budget from

27  which each agency and the judicial branch shall prepare their

28  budget request.  The budget instructions shall be consistent

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

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

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


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    CS for SB 2610                                 First Engrossed



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

 2  legislative appropriations committees.  In the event that

 3  agreement cannot be reached between the Executive Office of

 4  the Governor and the appropriations committees of the

 5  Legislature regarding legislative budget instructions, the

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

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

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

 9  each program:

10         1.  The constitutional or statutory authority for a

11  program, a brief purpose statement, and approved program

12  components.

13         2.  Information on expenditures for 3 fiscal years

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

15  expenditures, and agency budget requested expenditures for the

16  next fiscal year) by appropriation category.

17         3.  Details on trust funds and fees.

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

19  and requested).

20         5.  An issue narrative describing and justifying

21  changes in amounts and positions requested for current and

22  proposed programs for the next fiscal year.

23         6.  Information resource requests.

24         7.  Legislatively approved output and outcome

25  performance measures and any proposed revisions to measures.

26         8.  Proposed performance standards for each performance

27  measure and justification for the standards and the sources of

28  data to be used for measurement.

29         9.  Prior-year performance data on approved performance

30  measures and an explanation of deviation from expected

31  


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    CS for SB 2610                                 First Engrossed



 1  performance. Performance data must be assessed for reliability

 2  in accordance with s. 20.055.

 3         10.  Proposed performance incentives and disincentives.

 4         11.  Supporting information, including applicable

 5  cost-benefit analyses, business case analyses, performance

 6  contracting procedures, service comparisons, and impacts to

 7  performance standards for any requests to outsource or

 8  privatize agency functions.

 9         12.  An evaluation of any major outsourcing and

10  privatization initiatives undertaken during the last 5 fiscal

11  years having aggregate expenditures exceeding $10 million

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

13  an assessment of contractor performance, a comparison of

14  anticipated service levels to actual service levels, and a

15  comparison of estimated savings to actual savings achieved.

16  Consolidated reports issued by the Department of Management

17  Services may be used to satisfy this requirement.

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

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

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

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

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

23  for the preceding year in accordance with the legislative

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

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

26  branch.

27         2.  Total funds from the General Appropriations Act.

28         3.  Adjustments to the General Appropriations Act.

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

30         5.  The number of activity units performed or

31  accomplished.


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    CS for SB 2610                                 First Engrossed



 1         6.  Total expenditures for each activity, including

 2  amounts paid to contractors and subordinate entities.

 3  Expenditures related to administrative activities not aligned

 4  with output measures must consistently be allocated to

 5  activities with output measures prior to computing unit costs.

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

 7  costs allocated to contractors and subordinate entities.

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

 9  expenditures omitted from unit-cost calculations.

10  

11  At the regular session immediately following the submission of

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

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

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

15  the fiscal year preceding the current fiscal year, the funding

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

17  under this paragraph.

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

19  instructions and in sufficient time to be included in the

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

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

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

23  consultation with the Office of Program Policy Analysis and

24  Government Accountability, submit to the President of the

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

26  of proposed programs and associated performance measures. The

27  judicial branch shall provide documentation to accompany the

28  list of proposed programs and performance measures as provided

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

30  performance-based program agency budget request using the

31  programs and performance measures adopted by the Legislature.


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    CS for SB 2610                                 First Engrossed



 1  The Chief Justice may propose revisions to approved programs

 2  or performance measures for the judicial branch. The

 3  Legislature shall have final approval of all programs and

 4  associated performance measures and standards for the judicial

 5  branch through the General Appropriations Act or legislation

 6  implementing the General Appropriations Act. By September 15,

 7  2001, the Chief Justice of the Supreme Court shall submit to

 8  the President of the Senate and the Speaker of the House of

 9  Representatives a performance-based program budget request for

10  programs of the judicial branch approved by the Legislature

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

12         (5)(6)  Agencies must maintain a comprehensive

13  performance accountability system and provide a list of

14  performance measures maintained by the agency which are in

15  addition to the measures approved by the Legislature.

16         (6)(7)  Annually, by June 30, executive agencies shall

17  submit to the Executive Office of the Governor adjustments to

18  their performance standards based on the amounts appropriated

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

20  is made, all performance standards, including any adjustments

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

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

23  to the Legislature pursuant to the review and approval process

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

25  Representatives appropriations committees Senate Committee on

26  Fiscal Policy and the House of Representatives Fiscal

27  Responsibility Council shall advise Senate substantive

28  committees and House of Representatives substantive

29  committees, respectively, of all adjustments made to

30  performance standards or measures. The Executive Office of the

31  Governor shall maintain both the official record of


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    CS for SB 2610                                 First Engrossed



 1  adjustments to the performance standards as part of the

 2  agency's approved operating budget and the official

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

 4  "official record" "performance ledger" means the official

 5  compilation of information about state agency

 6  performance-based programs and measures, including approved

 7  programs, approved outputs and outcomes, baseline data,

 8  approved standards for each performance measure and any

 9  approved adjustments thereto, as well as actual agency

10  performance for each measure.

11         (7)(8)  As a part of the legislative budget request,

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

13  Supreme Court for the judicial branch shall include an

14  inventory of all litigation in which the agency is involved

15  that may require additional appropriations to the agency, that

16  may significantly affect revenues received or anticipated to

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

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

19  1 following the submission of the legislative budget request,

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

21  Supreme Court shall provide an update of any additions or

22  changes to the inventory.  Such inventory shall include

23  information specified annually in the legislative budget

24  instructions and, within the discretion of the head of the

25  state agency or the Chief Justice of the Supreme Court, may

26  contain only information found in the pleadings.

27         (8)(9)  Annually, by June 30, the judicial branch shall

28  make adjustments to any performance standards for approved

29  programs based on the amount appropriated for each program,

30  which shall be submitted to the Legislature pursuant to the

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


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    CS for SB 2610                                 First Engrossed



 1  and the House of Representatives appropriations committees

 2  Senate Committee on Fiscal Policy and the House Fiscal

 3  Responsibility Council shall advise Senate substantive

 4  committees and House substantive committees, respectively, of

 5  all adjustments made to performance standards or measures.

 6         (9)(10)  The Executive Office of the Governor shall

 7  review the legislative budget request for technical compliance

 8  with the budget format provided for in the budget

 9  instructions. The Executive Office of the Governor shall

10  notify the agency or the judicial branch of any adjustment

11  required. The agency or judicial branch shall make the

12  appropriate corrections as requested. If the appropriate

13  technical corrections are not made as requested, the Executive

14  Office of the Governor shall adjust the budget request to

15  incorporate the appropriate technical corrections in the

16  format of the request.

17         (10)(11)  At any time after the Governor submits his or

18  her and the Chief Justice submit their recommended budget

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

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

21  Governor and the Legislature an amended request in the form

22  and manner prescribed in the legislative budget instructions.

23         (11)(12)  The legislative budget request from each

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

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

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

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

28  Government Accountability, the Governor's Office of Planning

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

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

31  


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    CS for SB 2610                                 First Engrossed



 1         (12)(13)  In order to ensure an integrated state

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

 3  should be reviewed by the Legislature.

 4         Section 15.  Section 216.031, Florida Statutes, is

 5  amended to read:

 6         216.031  Target budget request.--Either chair of a

 7  legislative appropriations committee, or the Executive Office

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

 9  the Chief Justice to address major issues separate from those

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

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

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

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

14  requests as provided in the budget instructions.  The

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

16  chair of an the appropriations committee committees of the

17  Senate or the House of Representatives may request any agency

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

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

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

21  require each entity to establish an order of priorities for

22  its budget issues and may include requests for multiple

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

24  require each entity to submit a program budget or a

25  performance-based budget in the format prescribed by the

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

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

28  planning and budgeting system requirements set out in s.

29  216.141. Such a request shall not influence the agencies' or

30  judicial branch's independent judgment in making legislative

31  budget requests, as required by law.


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    CS for SB 2610                                 First Engrossed



 1         Section 16.  Subsections (2), (3), (8), and (9) of

 2  section 216.052, Florida Statutes, are repealed.

 3         Section 17.  Subsection (5) of section 216.053, Florida

 4  Statutes, is repealed.

 5         Section 18.  Section 216.065, Florida Statutes, is

 6  amended to read:

 7         216.065  Fiscal impact statements on actions affecting

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

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

10  body, performing any constitutional or statutory duty, or

11  before any state agency or statutorily authorized entity takes

12  take any final action that will affect revenues, directly

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

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

15  year funds, it they shall first provide the legislative

16  appropriations committees with a fiscal impact statement that

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

18  impact statement must specify the estimated budget and revenue

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

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

21  budget request, including amounts by appropriation category

22  and fund.

23         Section 19.  Subsection (3) is added to section

24  216.081, Florida Statutes, to read:

25         216.081  Data on legislative and judicial branch

26  expenses.--

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

28  of the financial needs of the legislative branch, the

29  Governor's recommended budget must include the amounts

30  appropriated and budget entity structure established in the

31  most recent General Appropriations Act.


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    CS for SB 2610                                 First Engrossed



 1         Section 20.  Subsection (1) of section 216.133, Florida

 2  Statutes, is amended to read:

 3         216.133  Definitions; ss. 216.133-216.137.--As used in

 4  ss. 216.133-216-137;

 5         (1)  "Consensus estimating conference" includes the

 6  Economic Estimating Conference, the Demographic Estimating

 7  Conference, the Revenue Estimating Conference, the Education

 8  Estimating Conference, the Criminal Justice Estimating

 9  Conference, the Juvenile Justice Estimating Conference, the

10  Child Welfare System Estimating Conference, the Occupational

11  Forecasting Conference, the Early Learning Programs Estimating

12  Conference, the Self-Insurance Estimating Conference, the

13  Florida Retirement System Actuarial Assumption Conference, and

14  the Social Services Estimating Conference.

15         Section 21.  Subsections (4) and (5) of section

16  216.134, Florida Statutes, are amended to read:

17         216.134  Consensus estimating conferences; general

18  provisions.--

19         (4)  The consensus estimating conferences are within

20  the legislative branch. The membership of each consensus

21  estimating conference consists of principals and participants.

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

23  preside over conference sessions, convene conference sessions,

24  request information, specify topics to be included on the

25  conference agenda, agree or withhold agreement on whether

26  information is to be official information of the conference,

27  release official information of the conference, interpret

28  official information of the conference, and monitor errors in

29  official information of the conference.

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

31  participate in the consensus estimating conference by a


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    CS for SB 2610                                 First Engrossed



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

 2  principal before or during any session of the conference,

 3  develop alternative forecasts, collect and supply data,

 4  perform analyses, or provide other information needed by the

 5  conference. The conference shall consider information provided

 6  by participants in developing its official information.

 7         (5)  All sessions and meetings of a consensus

 8  estimating conference where official information is adopted

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

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

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

12  interpretation, implementation, and enforcement of the

13  subsection.

14         Section 22.  Subsections (7), (8), (9), (10), (11), and

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

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

17  read:

18         216.136  Consensus estimating conferences; duties and

19  principals.--

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

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

22  Conference shall develop such official information relating to

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

24  child welfare caseloads, as the conference determines is

25  needed for the state planning and budgeting system. Such

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

27         1.  Estimates and projections of the number of initial

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

29  made to the central abuse hotline maintained by the Department

30  of Children and Family Services as established in s.

31  39.201(4). Projections may take into account other factors


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    CS for SB 2610                                 First Engrossed



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

 2  hotline.

 3         2.  Estimates and projections of the number of children

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

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

 6  residential group care, adoptive services, or other

 7  appropriate care.

 8  

 9  In addition, the conference shall develop other official

10  information relating to the child welfare system of the state

11  which the conference determines is needed for the state

12  planning and budgeting system.  The Department of Children and

13  Family Services shall provide information on the child welfare

14  system requested by the Child Welfare System Estimating

15  Conference, or individual conference principals, in a timely

16  manner.

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

18  the coordinator of the Office of Economic and Demographic

19  Research, and professional staff who have forecasting

20  expertise from the Department of Children and Family Services,

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

22  designees, are the principals of the Child Welfare System

23  Estimating Conference. The principal representing the

24  Executive Office of the Governor shall preside over sessions

25  of the conference.

26         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--

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

28  Conference shall develop such official information relating to

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

30  the conference principals to be needed for the state planning

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


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    CS for SB 2610                                 First Engrossed



 1  not limited to:  estimates of juvenile delinquency caseloads

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

 3  juvenile detention placements; estimates of workloads in the

 4  juvenile sections in the offices of the state attorneys and

 5  public defenders; estimates of mental health and substance

 6  abuse treatment relating to juveniles; and such other

 7  information as is determined by the conference principals to

 8  be needed for the state planning and budgeting system.

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

10  the Office of Economic and Demographic Research, and

11  professional staff who have forecasting expertise from the

12  Department of Juvenile Justice, the Department of Children and

13  Family Services Substance Abuse and Mental Health Program

14  Offices, the Department of Law Enforcement, the Senate

15  Appropriations Committee staff, the House of Representatives

16  Appropriations Committee staff, or their designees, are the

17  principals of the Juvenile Justice Estimating Conference. The

18  responsibility of presiding over sessions of the conference

19  shall be rotated among the principals. To facilitate policy

20  and legislative recommendations, the conference may call upon

21  the appropriate legislative staff.

22         (7)(9)  WORKFORCE ESTIMATING CONFERENCE.--

23         (a)  Duties.--

24         1.  The Workforce Estimating Conference shall develop

25  such official information on the workforce development system

26  planning process as it relates to the personnel needs of

27  current, new, and emerging industries as the conference

28  determines is needed by the state planning and budgeting

29  system. Such information, using quantitative and qualitative

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

31  long-term forecasts of employment demand for jobs by


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    CS for SB 2610                                 First Engrossed



 1  occupation and industry; entry and average wage forecasts

 2  among those occupations; and estimates of the supply of

 3  trained and qualified individuals available or potentially

 4  available for employment in those occupations, with special

 5  focus upon those occupations and industries which require high

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

 7  In the development of workforce estimates, the conference

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

 9  and workforce forecasts and estimates.

10         2.  The Workforce Estimating Conference shall review

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

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

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

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

15  matching and labor market information system authorized under

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

17  developing its forecasts for statewide employment demand,

18  including reviewing the local and regional data for common

19  trends and conditions among localities or regions which may

20  warrant inclusion of a particular occupation on the statewide

21  occupational forecasting list developed by the conference.

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

23  shall also make recommendations semiannually to Workforce

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

25  targeted occupations approved by Workforce Florida, Inc.

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

27  if necessary, the Workforce Estimating Conference shall meet

28  as the Workforce Impact Conference for the purpose of

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

30  workforce and economic development efforts introduced prior to

31  and during such legislative session.  In addition to the


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    CS for SB 2610                                 First Engrossed



 1  designated principals of the impact conference, nonprincipal

 2  participants of the impact conference shall include a

 3  representative of the Florida Chamber of Commerce and other

 4  interested parties. The impact conference shall use both

 5  quantitative and qualitative research methods to determine the

 6  impact of introduced legislation related to workforce and

 7  economic development issues.

 8         4.  Notwithstanding subparagraph 3., the Workforce

 9  Estimating Conference, for the purposes described in

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

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

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

13  scheduled as needed.

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

15  Executive Office of the Governor, the director of the Office

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

17  the Agency for Workforce Innovation, the executive director of

18  the Commission for Independent Education, the Chancellor of

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

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

21  Demographic Research, or their designees, and professional

22  staff from the Senate and the House of Representatives who

23  have forecasting and substantive expertise, are the principals

24  of the Workforce Estimating Conference. In addition to the

25  designated principals of the conference, nonprincipal

26  participants of the conference shall include a representative

27  of the Florida Chamber of Commerce and other interested

28  parties. The principal representing the Executive Office of

29  the Governor shall preside over the sessions of the

30  conference.

31  


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    CS for SB 2610                                 First Engrossed



 1         (8)(10)  EARLY LEARNING PROGRAMS ESTIMATING

 2  CONFERENCE.--

 3         (a)  Duties.--

 4         1.  The Early Learning Programs Estimating Conference

 5  shall develop estimates and forecasts of the unduplicated

 6  count of children eligible for school readiness programs in

 7  accordance with the standards of eligibility established in s.

 8  411.01(6), and of children eligible for the Voluntary

 9  Prekindergarten Education Program in accordance with s.

10  1002.53(2), as the conference determines are needed to support

11  the state planning, budgeting, and appropriations processes.

12         2.  The Agency for Workforce Innovation shall provide

13  information on needs and waiting lists for school readiness

14  programs, and information on the needs of the Voluntary

15  Prekindergarten Education Program, as requested by the Early

16  Learning Programs Estimating Conference or individual

17  conference principals in a timely manner.

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

19  the Director of Economic and Demographic Research, and

20  professional staff who have forecasting expertise from the

21  Agency for Workforce Innovation, the Department of Children

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

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

24  principals of the Early Learning Programs Estimating

25  Conference. The principal representing the Executive Office of

26  the Governor shall preside over sessions of the conference.

27         (9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--

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

29  shall develop such official information on self-insurance

30  related issues as the conference determines is needed by the

31  state planning and budgeting system.


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    CS for SB 2610                                 First Engrossed



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

 2  the coordinator of the Office of Economic and Demographic

 3  Research, and professional staff directors of the committees

 4  of the Senate and the House of Representatives who have

 5  forecasting and substantive experience which have primary

 6  responsibility for legislation dealing with taxation, or their

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

 8  Conference. The responsibility of presiding over sessions of

 9  the conference shall be rotated among the principals.

10         (10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL

11  ASSUMPTION CONFERENCE.--

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

13  Assumption Conference shall develop official information with

14  respect to the economic and noneconomic assumptions and

15  funding methods of the Florida Retirement System necessary to

16  perform the system actuarial study undertaken pursuant to s.

17  121.031(3). Such information shall include:  an analysis of

18  the actuarial assumptions and actuarial methods used in the

19  study and a determination of whether changes to the

20  assumptions or methods need to be made due to experience

21  changes or revised future forecasts.

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

23  the coordinator of the Office of Economic and Demographic

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

25  Representatives who have forecasting and substantive

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

27  Florida Retirement System Actuarial Assumption Conference. The

28  Executive Office of the Governor shall have the responsibility

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

30  Board of Administration and the Division of Retirement shall

31  be participants in the conference.


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    CS for SB 2610                                 First Engrossed



 1         Section 23.  Subsection (1) of section 216.162, Florida

 2  Statutes, is amended to read:

 3         216.162  Governor's recommended budget to be furnished

 4  Legislature; copies to members.--

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

 6  legislative session, the Governor shall furnish each senator

 7  and representative a copy of his or her recommended balanced

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

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

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

11  the President of the Senate and the Speaker of the House of

12  Representatives, that his or her recommended balanced budget

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

14  regular legislative session.

15         Section 24.  Subsections (1), (2), (3), and (4) of

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

17         216.167  Governor's recommendations.--The Governor's

18  recommendations shall include a financial schedule that

19  provides:

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

21  recurring revenues available in the Budget Stabilization Fund,

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

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

24  nonrecurring revenues available in the Budget Stabilization

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

26         (3)  The Governor's recommended recurring and

27  nonrecurring appropriations from the Budget Stabilization

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

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

30  temporary obligations of the Budget Stabilization Fund, the

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


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    CS for SB 2610                                 First Engrossed



 1  loans or obligations are needed to implement his or her

 2  recommended budget.

 3         Section 25.  Subsection (4) of section 216.168, Florida

 4  Statutes, is amended to read:

 5         216.168  Governor's amended revenue or budget

 6  recommendations; optional and mandatory.--

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

 8  or she has furnished the Legislature with his or her

 9  recommendations or amended recommendations, that the revenue

10  estimates upon which the Governor's recommendations were based

11  are insufficient to fund these recommendations, the Governor

12  shall amend his or her revenues or appropriations

13  recommendations to bring the Governor's recommended budget

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

15  that there is insufficient time to provide the information for

16  the amended recommendations required in ss. 216.164 and

17  216.166, he or she shall be exempt from such requirement.

18         Section 26.  Subsections (2) and (3) of section

19  216.177, Florida Statutes, are amended to read:

20         216.177  Appropriations acts, statement of intent,

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

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

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

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

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

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

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

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

29  is solely for the release of funds appropriated by the

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

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


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    CS for SB 2610                                 First Engrossed



 1  taken on any budget item for which this chapter requires

 2  notice to the Legislative Budget Commission or the

 3  appropriations committees without such notice having been

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

 5  such item.

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

 7  Budget Commission or the President of the Senate and the

 8  Speaker of the House of Representatives timely advise, in

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

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

11  action, including any expenditure of funds resulting from the

12  settlement of litigation involving a state agency or officer,

13  whether subject to the notice and review requirements of this

14  chapter or not, exceeds the delegated authority of the

15  Executive Office of the Governor for the executive branch or

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

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

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

19  instruct the affected state agency or entity of the judicial

20  branch to change immediately its spending action or spending

21  proposal until the Legislative Budget Commission or the

22  Legislature addresses the issue.  The written documentation

23  shall indicate the specific reasons that an action or proposed

24  action exceeds the delegated authority or is contrary to

25  legislative policy and intent.

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

27  provide by rule that any member of the House of

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

29  the President of the Senate or the Speaker of the House of

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

31  


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    CS for SB 2610                                 First Engrossed



 1         (3)  The Legislature may annually specify any

 2  incentives and disincentives for agencies operating programs

 3  under performance-based program budgets pursuant to this

 4  chapter in the General Appropriations Act or legislation

 5  implementing the General Appropriations Act.

 6         Section 27.  Subsections (1), (2), (4), (6), (8), (9),

 7  (10), (12), and (16) of section 216.181, Florida Statutes, are

 8  amended to read:

 9         216.181  Approved budgets for operations and fixed

10  capital outlay.--

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

12  containing appropriations shall be considered the original

13  approved operating budgets for operational and fixed capital

14  expenditures. Amendments to the approved operating budgets for

15  operational and fixed capital outlay expenditures from state

16  agencies may be requested only through the Executive Office of

17  the Governor and approved by the Governor and the Legislative

18  Budget Commission as provided in this chapter. Amendments from

19  the judicial branch may be requested only through, and

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

21  be approved by the Chief Justice and the Legislative Budget

22  Commission as provided in this chapter.  This includes

23  amendments which are necessary to implement the provisions of

24  s. 216.212 or s. 216.221.

25         (2)  Amendments to the original approved operating

26  budgets for operational and fixed capital outlay expenditures

27  must comply with the following guidelines in order to be

28  approved by the Governor and the Legislative Budget Commission

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

30  Chief Justice and the Legislative Budget Commission for the

31  judicial branch:


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    CS for SB 2610                                 First Engrossed



 1         (a)  The amendment must be consistent with legislative

 2  policy and intent.

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

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

 5  existing program.

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

 7  provisions of this chapter, the amendment may not provide

 8  funding or increased funding for items which were funded by

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

10  agency or Governor in the legislative budget request or

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

12  Governor.

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

14  must be adequate and appropriate revenues available in the

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

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

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

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

19  provided in subsection (11).

20         (e)  The amendment shall not conflict with any

21  provision of law.

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

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

24  legislative budget request and not funded in the General

25  Appropriations Act.

26         (g)  The amendment must include a written description

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

28  interim budget action is necessary, and the intended recipient

29  of any funds for contracted services.

30  

31  


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    CS for SB 2610                                 First Engrossed



 1         (h)  The amendment must not provide general salary

 2  increases which the Legislature has not authorized in the

 3  General Appropriations Act or other laws.

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

 5  Senate and the House of Representatives should be advised of

 6  budget amendments requested by the executive branch and

 7  judicial branch.

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

 9  Chief Justice of the Supreme Court may require the submission

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

11  branch affected, consistent with the General Appropriations

12  Act, special appropriations acts, and statements the statement

13  of intent before transferring and releasing the balance of a

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

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

16  216.177.

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

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

19  the Legislative Budget Commission, state agency and judicial

20  branch entity budgets, respectively, to reflect the

21  transferred funds and to provide the associated increased

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

23  appropriations. This paragraph is subject to the notice and

24  review procedures set forth in s. 216.177.

25  

26  The Executive Office of the Governor shall transmit to each

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

28  Justice shall transmit to each judicial branch component and

29  the Chief Financial Officer, any approved amendments to the

30  approved operating budgets.

31  


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    CS for SB 2610                                 First Engrossed



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

 2  Executive Office of the Governor shall furnish to each state

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

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

 5  annual salary rate for each budget entity containing a salary

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

 7  rate and shall be consistent with the General Appropriations

 8  Act or special appropriations acts.  The annual salary rate

 9  shall be:

10         (a)  Determined by Calculated based on the actual

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

12  the number of authorized positions as specified in the General

13  Appropriations Act and adjusted for reorganizations authorized

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

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

16  and administered funds special appropriations acts, or as

17  provided pursuant to s. 216.177.

18         (b)  Controlled by the budget entity department or

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

20  controlled by division and for the judicial branch, which

21  shall be controlled at the branch level.

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

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

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

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

26  as provided in the General Appropriations Act.

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

28  maximum approved annual salary rate for the fiscal year.

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

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

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


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    CS for SB 2610                                 First Engrossed



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

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

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

 4  for that budget entity.

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

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

 7  Court may authorize increases or decreases in increase or

 8  decrease the approved salary rate for positions for the

 9  purpose of implementing the General Appropriations Act,

10  special appropriations acts, and actions pursuant to s.

11  216.262 consistent with legislative intent and policy. Other

12  adjustments to approved salary rate must be approved by the

13  Legislative Budget Commission pursuant to the request of the

14  agency filed with the Executive Office of the Governor or

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

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

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

18  with legislative policy and intent. The provisions of this

19  paragraph are subject to the notice and review procedures set

20  forth in s. 216.177.

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

22  specifically appropriated or provided pursuant to s. 110.1245

23  or s. 216.1815.

24         (c)  State agencies and the judicial branch shall

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

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

27  with each category to the Legislative Budget Commission in a

28  form and manner prescribed by the commission.

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

30  budget authority for refunds, payments to the United States

31  Treasury, payments of the service charge to the General


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    CS for SB 2610                                 First Engrossed



 1  Revenue Fund, and transfers of funds specifically required by

 2  law. Such authorized budget authority, together with related

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

 4  judicial branch to the Chief Financial Officer for entry in

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

 6  Executive Office of the Governor in consultation with the

 7  Chief Financial Officer. A copy of such authorized budget

 8  authority budgets shall be furnished to the Executive Office

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

10  legislative committees responsible for developing the general

11  appropriations acts, and the Auditor General. Notwithstanding

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

13  Governor may withhold approval of nonoperating investment

14  authority for certain trust funds when deemed in the best

15  interest of the state.

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

17  Chief Justice for the judicial branch, may establish budget

18  authority pursuant to this subsection, with the approval of

19  the chairs of the legislative committees responsible for

20  developing the general appropriations acts, nonoperating

21  budgets for transfers, purchase of investments, special

22  expenses, distributions, and any other nonoperating budget

23  authority categories they deem necessary and in the best

24  interest of the state and consistent with legislative intent

25  and policy. Other budget authority may include The provisions

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

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

28  this section, the term "nonoperating budgets" means

29  nonoperating disbursement authority for purchase of

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

31  transfers of funds specifically required by law, distributions


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    CS for SB 2610                                 First Engrossed



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

 2  of fiduciary, and special expenses, and other nonoperating

 3  budget categories as determined necessary by the Executive

 4  Office of the Governor, not otherwise appropriated in the

 5  General Appropriations Act. A proposed budget action shall be

 6  deemed approved by a chair of a legislative committee if

 7  written notice of the objection is not provided to the

 8  Governor or Chief Justice, as appropriate, within 14 days of

 9  the chair receiving notice of the action pursuant to the

10  provisions of s. 216.177.

11         (c)  All budget actions taken pursuant to this

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

13  and objection set forth in s. 216.177.

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

15  in the General Appropriations Act may be advanced if the

16  General Appropriations Act specifically so provides.

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

18  authorized by the General Appropriations Act or expressly

19  authorized by other law to make advances for program startup

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

21  shall limit such disbursements to other governmental entities

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

23  advanced shall not exceed the expected cash needs of the

24  contractor or recipient within the initial 3 months.

25  Thereafter, disbursements shall only be made on a

26  reimbursement basis.  Any agreement that provides for

27  advancements may contain a clause that permits the contractor

28  or recipient to temporarily invest the proceeds, provided that

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

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

31  amount.  This paragraph does not constitute lawful authority


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    CS for SB 2610                                 First Engrossed



 1  to make any advance payment not otherwise authorized by laws

 2  relating to a particular agency or general laws relating to

 3  the expenditure or disbursement of public funds. The Chief

 4  Financial Officer may, after consultation with the legislative

 5  appropriations committees, advance funds beyond a 3-month

 6  requirement if it is determined to be consistent with the

 7  intent of the approved operating budget.

 8         (c)  Unless specifically prohibited in the General

 9  Appropriations Act, funds appropriated to the Department of

10  Children and Family Services and the Department of Health may

11  be advanced for those contracted services that were approved

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

13  including those services contracted on a fixed-price or

14  unit-cost basis.

15         Section 28.  Sections 216.1825 and 216.183, Florida

16  Statutes, are repealed.

17         Section 29.  Section 216.192, Florida Statutes, is

18  amended to read:

19         216.192  Release of appropriations; revision of

20  budgets.--

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

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

23  percent of the original approved operating budget of each

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

25  time as annual plans for quarterly releases for all

26  appropriations have been developed, approved, and furnished to

27  the Chief Financial Officer by the Executive Office of the

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

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

30  appropriate plans of releases for fixed capital outlay

31  projects that correspond with each project schedule, shall


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    CS for SB 2610                                 First Engrossed



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

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

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

 4  appropriations available to a state agency or to the judicial

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

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

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

 8  plans prescribed by the Executive Office of the Governor and

 9  the Chief Justice, unless otherwise amended as provided by

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

11  Justice shall transmit a copy of the approved annual releases

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

13  the Legislative Budget Commission, and the Auditor General.

14  The Chief Financial Officer shall authorize all expenditures

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

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

17  otherwise. Expenditures shall be authorized only in accordance

18  with legislative authorizations. Nothing herein precludes

19  periodic reexamination and revision by the Executive Office of

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

21  release of appropriations and the notifications of the parties

22  of all such revisions.

23         (b)  For information technology projects designated in

24  the General Appropriations Act, a detailed operational work

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

26  for executive branch agencies and the Chief Justice for

27  judicial branch entities, in consultation with the legislative

28  appropriations committees, prior to the release or transfer of

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

30  Each agency shall submit a detailed operational work plan to

31  the chairs of the legislative appropriations committees and


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    CS for SB 2610                                 First Engrossed



 1  the Executive Office of the Governor for executive branch

 2  agencies and the Chief Justice for judicial branch entities.

 3  The operational work plan shall include the following

 4  components:

 5         1.  A project charter that describes the business

 6  objectives and expected outcomes to be attained and specifies

 7  planned project milestones and deliverables.

 8         2.  A work breakdown structure that summarizes all

 9  tasks required to complete the project.

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

11  plan.

12         4.  A description of the project organization and the

13  roles and responsibilities of the project participants.

14         5.  A description of the processes and procedures that

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

16  manage changes in the requirements of the project.

17  

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

19  authorized to request the release of funds and positions

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

21  spending plan component of the operational work plan.  Funds

22  or positions released for the information technology project

23  may not exceed the amount identified in the approved

24  operational work plan. Operational work plans shall be updated

25  as required in the General Appropriations Act.

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

27  legislative appropriations committees and to the Executive

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

29  Chief Justice for judicial entities branch, project status

30  reports comparing the planned progress of the project as

31  specified in the operational work plan versus the actual


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    CS for SB 2610                                 First Engrossed



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

 2  actual costs incurred. The status reports shall also describe

 3  the planned project milestones, deliverables, and expenditures

 4  for the next reporting period; the current issues requiring

 5  resolution; and the project risks that are being actively

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

 7         (d)  Operational work plans and project status reports

 8  shall comply with the standards for these documents that are

 9  jointly developed and published annually by the State

10  Technology Office and the Technology Review Workgroup. The

11  General Appropriations Act shall specify the frequency of

12  operational work plans and status reports required for

13  designated information technology projects.

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

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

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

17  releases of funds appropriated to it is contrary to the

18  approved operating budget shall have the right to have the

19  issue reviewed by the Administration Commission which shall

20  decide such issue by majority vote.  The appropriations

21  committees of the Legislature may advise the Administration

22  Commission on the issue.

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

24  releases within the amounts appropriated and as requested for

25  all appropriations to the legislative branch, and the

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

27  legislative branch.

28         (4)  The legislative appropriations committees may

29  advise the Chief Financial Officer, the Executive Office of

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

31  any funds under this section.


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    CS for SB 2610                                 First Engrossed



 1         (4)(5)  The annual plans of releases authorized by this

 2  section may be considered by the Revenue Estimating Conference

 3  in preparation of the statement of financial outlook.

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

 5  General Appropriations Act or to prevent deficits pursuant to

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

 7  executive branch and the Chief Justice for the judicial branch

 8  may place appropriations in budget reserve or mandatory

 9  reserve.

10         (6)  All budget actions taken pursuant to the

11  provisions of this section are subject to the notice and

12  review procedures set forth in s. 216.177.

13         Section 30.  Section 216.195, Florida Statutes, is

14  amended to read:

15         216.195  Impoundment of funds; restricted.--The

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

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

18  shall not impound any appropriation except as necessary to

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

20  216.221.  As used in this section, the term "impoundment"

21  means the omission of any appropriation or part of an

22  appropriation in the approved operating plan prepared pursuant

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

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

25  judicial branch to spend an appropriation for the stated

26  purposes authorized in the approved operating budget. The

27  provisions of this section are subject to the notice and

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

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

30  proposed action which violates the provisions of this section.

31  


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    CS for SB 2610                                 First Engrossed



 1         Section 31.  Subsections (2), (3), (5), (7), (9), and

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

 3  read:

 4         216.221  Appropriations as maximum appropriations;

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

 6         (2)  The Legislature may annually provide direction in

 7  the General Appropriations Act regarding use of any state

 8  funds the Budget Stabilization Fund and Working Capital Fund

 9  to offset General Revenue Fund deficits.

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

11  General Revenue Fund, all branches and agencies of government

12  that receive General Revenue Fund appropriations shall

13  participate in deficit reduction efforts.  Absent specific

14  legislative direction in the General Appropriations Act, when

15  budget reductions are required in order to prevent a deficit

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

17  reduce its General Revenue Fund appropriations by a

18  proportional amount.

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

20  consultation with the Revenue Estimating Conference, a deficit

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

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

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

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

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

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

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

28  action to eliminate the deficit.

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

30  and the Speaker of the House of Representatives, after

31  consultation with the Revenue Estimating Conference, a deficit


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    CS for SB 2610                                 First Engrossed



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

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

 3  Speaker of the House of Representatives shall so certify.

 4  Within 30 days after such certification, the Governor shall

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

 6  Supreme Court shall develop for the judicial branch, and

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

 8  action to eliminate the deficit.

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

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

11  Chief Justice shall, to the extent possible, preserve

12  legislative policy and intent, and, absent any specific

13  direction to the contrary in the General Appropriations Act,

14  the Governor and Chief Justice shall comply with the following

15  guidelines for reductions in the approved operating budgets of

16  the executive branch and the judicial branch:

17         1.  Entire statewide programs previously established by

18  the Legislature should not be eliminated.

19         1.2.  Education budgets should not be reduced more than

20  provided for in s. 215.16(2).

21         2.3.  The use of nonrecurring funds to solve recurring

22  deficits should be minimized.

23         3.4.  Newly created programs that are not fully

24  implemented and programs with critical audits, evaluations,

25  and reviews should receive first consideration for reductions.

26         4.5.  No agencies or branches of government receiving

27  appropriations should be exempt from reductions.

28         5.6.  When reductions in positions are required, the

29  focus should be initially on vacant positions.

30         7.  Any reductions applied to all agencies and branches

31  should be uniformly applied.


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    CS for SB 2610                                 First Engrossed



 1         6.8.  Reductions that would cause substantial losses of

 2  federal funds should be minimized.

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

 4  prorated reductions should be considered.

 5         7.10.  Reductions to statewide programs should occur

 6  only after review of programs that provide only local

 7  benefits.

 8         8.11.  Reductions in administrative and support

 9  functions should be considered before reductions in

10  direct-support services.

11         9.12.  Maximum reductions should be considered in

12  budgets for expenses including travel and in budgets for

13  equipment replacement, outside consultants, and contracts.

14         10.13.  Reductions in salaries for elected state

15  officials should be considered.

16         11.14.  Reductions that adversely affect the public

17  health, safety, and welfare should be minimized.

18         12.15.  The Budget Stabilization Fund should not be

19  reduced to a level that would impair the financial stability

20  of this state.

21         13.16.  Reductions in programs that are traditionally

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

23  private enterprise should be considered.

24         14.17.  Reductions in programs that are duplicated

25  among state agencies or branches of government should be

26  considered.

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

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

29  by the Governor Commission for the executive branch and the

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

31  The Governor commission and Chief Justice shall implement any


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    CS for SB 2610                                 First Engrossed



 1  directions provided in the General Appropriations Act related

 2  to eliminating deficits and to reducing agency and judicial

 3  branch budgets, including the use of those legislative

 4  appropriations voluntarily placed in reserve.  In addition,

 5  the Governor and Chief Justice commission shall implement any

 6  directions in the General Appropriations Act relating to the

 7  resolution of deficit situations.  When reducing state agency

 8  or judicial branch budgets, the Governor commission or the

 9  Chief Justice, respectively, shall use the guidelines

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

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

12  judicial branch, shall implement the deficit reduction plans

13  through amendments to the approved operating budgets in

14  accordance with s. 216.181.

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

16  after consultation with the Revenue Estimating Conference, a

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

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

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

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

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

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

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

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

25  Justice of the Supreme Court.

26         (10)  When advised by the Revenue Estimating

27  Conference, the Chief Financial Officer, or any agency

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

29  respect to the appropriations from a specific trust fund in

30  the current fiscal year, the Governor for the executive

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


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    CS for SB 2610                                 First Engrossed



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

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

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

 4  actions to resolve deficits in excess of $1 million must be

 5  approved by the Legislative Budget Commission. In developing

 6  the plan of action, the Governor or the Chief Justice shall,

 7  to the extent possible, preserve legislative policy and

 8  intent, and, absent any specific directions to the contrary in

 9  the General Appropriations Act, any reductions in

10  appropriations from the trust fund for the fiscal year shall

11  be prorated among the specific appropriations made from the

12  trust fund for the current fiscal year.

13         Section 32.  Subsection (2) of section 216.231, Florida

14  Statutes, is amended to read:

15         216.231  Release of certain classified

16  appropriations.--

17         (2)  The release of appropriated funds classified as

18  "deficiency" shall be approved only when a General Revenue

19  Fund appropriation for operations of a state agency or of the

20  judicial branch is inadequate because the workload or cost of

21  the operation exceeds that anticipated by the Legislature and

22  a determination has been made by the Governor commission that

23  the deficiency will result in an impairment of the activities

24  of an agency or of the judicial branch to the extent that the

25  agency is unable to carry out its program as provided by the

26  Legislature in the general appropriations acts. These funds

27  may not be used for creation of any new agency or program, for

28  increases of salary, or for the construction or equipping of

29  additional buildings.

30         Section 33.  Subsections (3), (6), and (11) of section

31  216.235, Florida Statutes, are amended to read:


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    CS for SB 2610                                 First Engrossed



 1         216.235  Innovation Investment Program.--

 2         (3)  For purposes of this section:

 3         (a)  "Agency" means an official, officer, commission,

 4  authority, council, committee, department, division, bureau,

 5  board, section, or other unit or entity of the executive

 6  branch.

 7         (b)  "Commission" means the Information Resource

 8  Commission.

 9         (b)(c)  "Committee" means the State Innovation

10  Committee.

11         (c)(d)  "Office" means the Office of Tourism, Trade,

12  and Economic Development within the Executive Office of the

13  Governor.

14         (d)(e)  "Review board" means a nonpartisan board

15  composed of private citizens and public employees who evaluate

16  the projects and make funding recommendations to the

17  committee.

18         (6)  Any agency developing an innovative investment

19  project proposal that involves information technology

20  resources may consult with and seek technical assistance from

21  the state technology office commission. The office shall

22  consult with the state technology office commission for any

23  project proposal that involves information resource

24  technology. The state technology office commission is

25  responsible for evaluating these projects and for advising the

26  committee and review board of the technical feasibility and

27  any transferable benefits of the proposed technology. In

28  addition to the requirements of subsection (5), the agencies

29  shall provide to the state technology office commission any

30  information requested by the state technology office

31  


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    CS for SB 2610                                 First Engrossed



 1  commission to aid in determining that the proposed technology

 2  is appropriate for the project's success.

 3         (11)  Funds appropriated for the Innovation Investment

 4  Program shall be distributed by the Executive Office of the

 5  Governor subject to notice, review, and objection procedures

 6  set forth in s. 216.177. The office may transfer funds from

 7  the annual appropriation as necessary to administer the

 8  program. Proposals considered but not funded by the

 9  Legislature as part of an agency legislative budget request or

10  the Governor's budget recommendation are not eligible to

11  receive funding under the Innovation Investment Program.

12         Section 34.  Section 216.241, Florida Statutes, is

13  amended to read:

14         216.241  Initiation or commencement of new programs;

15  approval; expenditure of certain revenues.--

16         (1)  A state agency or the judicial branch may not

17  initiate or commence any new program, including any new

18  federal program or initiative, or make changes in its current

19  programs, as provided for in the appropriations act, that

20  require additional financing unless funds have been

21  specifically appropriated by the Legislature or unless the

22  Legislative Budget Commission or the Chief Justice of the

23  Supreme Court expressly approves such new program or changes.

24  The commission and the Chief Justice shall give notice as

25  provided in s. 216.177 prior to approving such new program or

26  changes.

27         (2)  No Changes that which are inconsistent with the

28  approved operating budget may not shall be made to existing

29  programs unless such changes are recommended to the

30  Legislative Budget Commission by the Governor or the Chief

31  Justice and the Legislative Budget Commission expressly


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    CS for SB 2610                                 First Engrossed



 1  approves such program changes. The provisions of This

 2  subsection is are subject to the notice, review, and objection

 3  procedures set forth in s. 216.177.

 4         (3)  Any revenues generated by any tax or fee imposed

 5  by amendment to the State Constitution after October 1, 1999,

 6  shall not be expended by any agency, as defined in s.

 7  120.52(1), except pursuant to appropriation by the

 8  Legislature.

 9         (4)  A state agency or the judicial branch may not

10  shift functions or responsibilities from agency staff to the

11  private sector or to another agency's staff, including, but

12  not limited to, outsourcing, public-private partnerships, or

13  shared-savings initiatives, without specific approval by the

14  Legislature or, absent such specific approval but consistent

15  with legislative intent and policy, without specific approval

16  by the Legislative Budget Commission. A request for such

17  approval, including a recommendation submitted in an agency's

18  legislative budget request or the Governor's budget

19  recommendation, must include, but need not be limited to,

20  applicable supporting cost-benefit analyses, business case

21  analyses, proposed performance contracting procedures,

22  detailed service comparisons, and impacts to approved

23  performance standards. Adjustments to the approved budget

24  which are not reflected in the General Appropriations Act and

25  which are necessary to implement such shifts of functions and

26  responsibilities must be approved by the Legislative Budget

27  Commission prior to the execution of any related contracts or

28  other agreements.

29         Section 35.  Subsection (2) of section 216.251, Florida

30  Statutes, is amended to read:

31         216.251  Salary appropriations; limitations.--


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    CS for SB 2610                                 First Engrossed



 1         (2)(a)  The salary for each position not specifically

 2  indicated in the appropriations acts shall be as provided in

 3  one of the following subparagraphs:

 4         1.  Within the classification and pay plans provided

 5  for in chapter 110.

 6         2.  Within the classification and pay plans established

 7  by the Board of Trustees for the Florida School for the Deaf

 8  and the Blind of the Department of Education and approved by

 9  the State Board of Education for academic and academic

10  administrative personnel.

11         3.  Within the classification and pay plan approved and

12  administered by the State Board of Education Board of Regents

13  for those positions in the State University System.

14         4.  Within the classification and pay plan approved by

15  the President of the Senate and the Speaker of the House of

16  Representatives, as the case may be, for employees of the

17  Legislature.

18         5.  Within the approved classification and pay plan for

19  the judicial branch.

20         6.  The salary of all positions not specifically

21  included in this subsection shall be set by the commission or

22  by the Chief Justice for the judicial branch.

23         (b)  Salary payments shall be made only to employees

24  filling established positions included in the agency's or in

25  the judicial branch's approved budgets and amendments thereto

26  as may be provided by law; provided, however:

27         1.  Reclassification of established positions may be

28  accomplished when justified in accordance with the established

29  procedures for reclassifying positions; or

30         2.  When the Division of Risk Management of the

31  Department of Financial Services has determined that an


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    CS for SB 2610                                 First Engrossed



 1  employee is entitled to receive a temporary partial disability

 2  benefit or a temporary total disability benefit pursuant to

 3  the provisions of s. 440.15 and there is medical certification

 4  that the employee cannot perform the duties of the employee's

 5  regular position, but the employee can perform some type of

 6  work beneficial to the agency, the agency may return the

 7  employee to the payroll, at his or her regular rate of pay, to

 8  perform such duties as the employee is capable of performing,

 9  even if there is not an established position in which the

10  employee can be placed.  Nothing in this subparagraph shall

11  abrogate an employee's rights under chapter 440 or chapter

12  447, nor shall it adversely affect the retirement credit of a

13  member of the Florida Retirement System in the membership

14  class he or she was in at the time of, and during, the

15  member's disability.

16         Section 36.  Paragraphs (a) and (c) of subsection (1)

17  of section 216.262, Florida Statutes, are amended to read:

18         216.262  Authorized positions.--

19         (1)(a)  Unless otherwise expressly provided by law, the

20  total number of authorized positions may not exceed the total

21  provided in the appropriations acts.  In the event any state

22  agency or entity of the judicial branch finds that the number

23  of positions so provided is not sufficient to administer its

24  authorized programs, it may file an application with the

25  Executive Office of the Governor or the Chief Justice; and, if

26  the Executive Office of the Governor or Chief Justice

27  certifies that there are no authorized positions available for

28  addition, deletion, or transfer within the agency as provided

29  in paragraph (c) and recommends an increase in the number of

30  positions, the Governor or the Chief Justice may recommend,

31  


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    CS for SB 2610                                 First Engrossed



 1  after a public hearing, authorize an increase in the number of

 2  positions for the following reasons only:

 3         1.  To implement or provide for continuing federal

 4  grants or changes in grants not previously anticipated;

 5         2.  To meet emergencies pursuant to s. 252.36;

 6         3.  To satisfy new federal regulations or changes

 7  therein;

 8         4.  To take advantage of opportunities to reduce

 9  operating expenditures or to increase the revenues of the

10  state or local government; and

11         5.  To authorize positions which were not fixed by the

12  Legislature through error in drafting the appropriations acts.

13  

14  Actions recommended pursuant to The provisions of this

15  paragraph are subject to approval by the Legislative Budget

16  Commission the notice and review procedures set forth in s.

17  216.177. A copy of the application, The certification, and the

18  final authorization shall be provided to filed with the

19  Legislative Budget Commission, the appropriations committees,

20  and with the Auditor General.

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

22  procedures and qualifications as it deems appropriate, shall,

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

24  add and delete authorized positions or transfer authorized

25  positions from one budget entity to another budget entity

26  within the same division, and may approve additions and

27  deletions of authorized positions or transfers of authorized

28  positions within the state agency when such changes would

29  enable the agency to administer more effectively its

30  authorized and approved programs.  The additions or deletions

31  must be consistent with the intent of the approved operating


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    CS for SB 2610                                 First Engrossed



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

 2  and must not conflict with specific spending policies

 3  specified in the General Appropriations Act.

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

 5  the authority to establish procedures for the judicial branch

 6  to add and delete authorized positions or transfer authorized

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

 8  to add and delete authorized positions within the same budget

 9  entity, when such changes are consistent with legislative

10  policy and intent and do not conflict with spending policies

11  specified in the General Appropriations Act.

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

13  dollars for authorized positions eliminated after July 1,

14  2001. The agency must certify the eliminated positions to the

15  Legislative Budgeting Commission.

16         b.  The Legislative Budgeting Commission shall

17  authorize the agency to retain 20 percent of the salary

18  dollars associated with the eliminated positions and may

19  authorize retention of a greater percentage. All such salary

20  dollars shall be used for permanent salary increases.

21         Section 37.  Section 216.292, Florida Statutes, is

22  amended to read:

23         (Substantial rewording of section. See

24         s. 216.292, F.S., for present text.)

25         216.292  Appropriations nontransferable; exceptions.--

26         (1)(a)  Funds provided in the General Appropriations

27  Act or as otherwise expressly provided by law shall be

28  expended only for the purpose for which appropriated, except

29  that such moneys may be transferred as provided in this

30  section when it is determined to be in the best interest of

31  the state. Appropriations for fixed capital outlay may not be


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    CS for SB 2610                                 First Engrossed



 1  expended for any other purpose. Appropriations may not be

 2  transferred between state agencies, or between a state agency

 3  and the judicial branch, unless specifically authorized by

 4  law.

 5         (b)1.  Authorized revisions of the original approved

 6  operating budget, together with related changes in the plan

 7  for release of appropriations, if any, shall be transmitted by

 8  the state agency or by the judicial branch to the Executive

 9  Office of the Governor or the Chief Justice, respectively, the

10  chairs of the Senate and the House of Representatives

11  appropriations committees, the Office of Program Policy

12  Analysis and Government Accountability, and the Auditor

13  General. Such authorized revisions must be consistent with the

14  intent of the approved operating budget, must be consistent

15  with legislative policy and intent, and may not conflict with

16  specific spending policies specified in the General

17  Appropriations Act.

18         2.  Authorized revisions, together with related

19  changes, if any, in the plan for release of appropriations,

20  shall be transmitted by the state agency or by the judicial

21  branch to the Chief Financial Officer for entry in the Chief

22  Financial Officer's records in the manner and format

23  prescribed by the Executive Office of the Governor in

24  consultation with the Chief Financial Officer.

25         3.  The Executive Office of the Governor or the Chief

26  Justice shall forward a copy of the revisions within 7 working

27  days to the Chief Financial Officer for entry in his or her

28  records in the manner and format prescribed by the Executive

29  Office of the Governor in consultation with the Chief

30  Financial Officer.

31  


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    CS for SB 2610                                 First Engrossed



 1         (2)  The following transfers are authorized to be made

 2  by the head of each department or the Chief Justice of the

 3  Supreme Court whenever it is deemed necessary by reason of

 4  changed conditions:

 5         (a)  The transfer of appropriations funded from

 6  identical funding sources, except appropriations for fixed

 7  capital outlay, and the transfer of amounts included within

 8  the total original approved budget and releases as furnished

 9  pursuant to ss. 216.181 and 216.192, as follows:

10         1.  Between categories of appropriations within a

11  budget entity, if no category of appropriation is increased or

12  decreased by more than 5 percent of the original approved

13  budget or $250,000, whichever is greater, by all action taken

14  under this subsection.

15         2.  Additionally, between budget entities within

16  identical categories of appropriations, if no category of

17  appropriation is increased or decreased by more than 5 percent

18  of the original approved budget or $250,000, whichever is

19  greater, by all action taken under this subsection.

20         3.  Any agency exceeding salary rate established

21  pursuant to s. 216.181(8) on June 30th of any fiscal year

22  shall not be authorized to make transfers pursuant to

23  subparagraphs 1. and 2. in the subsequent fiscal year.

24         4.  Notice of proposed transfers under subparagraphs 1.

25  and 2. shall be provided to the Executive Office of the

26  Governor and the chairs of the legislative appropriations

27  committees at least 3 days prior to agency implementation in

28  order to provide an opportunity for review. The review shall

29  be limited to ensuring that the transfer is in compliance with

30  the requirements of this paragraph.

31  


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    CS for SB 2610                                 First Engrossed



 1         (b)  After providing notice at least 5 working days

 2  prior to implementation:

 3         1.  The transfer of funds within programs identified in

 4  the General Appropriations Act from identical funding sources

 5  between the following appropriation categories without

 6  limitation so long as such a transfer does not result in an

 7  increase to the total recurring general revenue or trust fund

 8  cost of the agency or entity of the judicial branch in the

 9  subsequent fiscal year: other personal services, expenses,

10  operating capital outlay, food products, state attorney and

11  public defender operations, acquisition of motor vehicles,

12  data processing services, operating and maintenance of patrol

13  vehicles, overtime payments, salary incentive payments,

14  compensation to retired judges, law libraries, and juror and

15  witness payments.

16         2.  The transfer of funds and positions from identical

17  funding sources between salaries and benefits appropriation

18  categories within programs identified in the General

19  Appropriations Act.

20  

21  Such transfers must be consistent with legislative policy and

22  intent and may not adversely affect achievement of approved

23  performance outcomes or outputs in any program.

24         (c)  The transfer of funds appropriated to accounts

25  established for disbursement purposes upon release of such

26  appropriation upon request of a department and approval by the

27  Chief Financial Officer. Such transfer may only be made to the

28  same appropriation category and the same funding source from

29  which the funds are transferred.

30         (d)  The transfer by the Executive Office of the

31  Governor of funds from appropriations for public school


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    CS for SB 2610                                 First Engrossed



 1  operations to a fixed capital outlay appropriation for class

 2  size reduction based on recommendations of the Florida

 3  Education Finance Program Appropriation Allocation Conference

 4  or the Legislative Budget Commission pursuant to s.

 5  1003.03(4)(a). Actions by the Governor under this subsection

 6  are subject to the notice and review provisions of s. 216.177.

 7         (e)  The transfer by the Department of Children and

 8  Family Services of general revenue funds appropriated for

 9  targeted case management services to the Agency for Health

10  Care Administration to fund state match requirements exceeding

11  the amount specified in the General Appropriations Act for

12  Medicaid targeted case management services.

13         (f)  The transfer by the Department of Elderly Affairs

14  of funds that are appropriated for the Assisted Living for the

15  Elderly Medicaid waiver and not expended to the agency to fund

16  Medicaid-reimbursed nursing home care.

17         (g)  The transfer of funds appropriated to the Agency

18  for Persons with Disabilities for developmental services

19  programs only if the secretary finds that treatment programs

20  for developmental disabilities will not be adversely affected.

21         (3)  The following transfers are authorized with the

22  approval of the Executive Office of the Governor for the

23  executive branch or the Chief Justice for the judicial branch,

24  subject to the notice and review provisions of s. 216.177:

25         (a)  The transfer of appropriations for operations from

26  trust funds in excess of those provided in subsection (2), up

27  to $1 million.

28         (b)  The transfer of positions between budget entities.

29         (4)  The following transfers are authorized with the

30  approval of the Legislative Budget Commission. Unless waived

31  by the chair and vice chair of the commission, notice of such


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    CS for SB 2610                                 First Engrossed



 1  transfers must be provided 14 days before the commission

 2  meeting:

 3         (a)  The transfer of appropriations for operations from

 4  the General Revenue Fund in excess of those provided in this

 5  section but within a state agency or within the judicial

 6  branch, as recommended by the Executive Office of the Governor

 7  or the Chief Justice of the Supreme Court.

 8         (b)  The transfer of appropriations for operations from

 9  trust funds in excess of those provided in this section which

10  exceed the greater of 5 percent of the original approved

11  budget or $1 million, as recommended by the Executive Office

12  of the Governor or the Chief Justice of the Supreme Court.

13         (c)  The transfer of the portion of an appropriation

14  for a named fixed capital outlay project found to be in excess

15  of that needed to complete the project to another project for

16  which there has been an appropriation in the same fiscal year

17  from the same fund and within the same department where a

18  deficiency is found to exist, at the request of the Executive

19  Office of the Governor for state agencies or the Chief Justice

20  of the Supreme Court for the judicial branch. The scope of a

21  fixed capital outlay project may not be changed by any

22  transfer of funds made pursuant to this subsection.

23         (d)  The transfers necessary to accomplish the purposes

24  of reorganization within state agencies or the judicial branch

25  authorized by the Legislature when the necessary adjustments

26  of appropriations and positions have not been provided in the

27  General Appropriations Act.

28         (5)  A transfer of funds may not result in the

29  initiation of a fixed capital outlay project that has not

30  received a specific legislative appropriation; except that

31  federal funds for fixed capital outlay projects for the


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    CS for SB 2610                                 First Engrossed



 1  Department of Military Affairs, which do not carry a

 2  continuing commitment on future appropriations by the

 3  Legislature, may be approved by the Executive Office of the

 4  Governor for the purpose received, subject to the notice,

 5  review, and objection procedures set forth in s. 216.177.

 6         (6)  The Chief Financial Officer shall transfer from

 7  any available funds of an agency or the judicial branch the

 8  following amounts and shall report all such transfers and the

 9  reasons therefor to the legislative appropriations committees

10  and the Executive Office of the Governor:

11         (a)  The amount due to the Unemployment Compensation

12  Trust Fund which is more than 90 days delinquent on

13  reimbursements due to the Unemployment Compensation Trust

14  Fund. The amount transferred shall be that certified by the

15  state agency providing unemployment tax collection services

16  under contract with the Agency for Workforce Innovation

17  through an interagency agreement pursuant to s. 443.1316.

18         (b)  The amount due to the Division of Risk Management

19  which is more than 90 days delinquent in payment to the

20  Division of Risk Management of the Department of Financial

21  Services for insurance coverage. The amount transferred shall

22  be that certified by the division.

23         (c)  The amount due to the Communications Working

24  Capital Trust Fund from moneys appropriated in the General

25  Appropriations Act for the purpose of paying for services

26  provided by the state communications system in the Department

27  of Management Services which is unpaid 45 days after the

28  billing date. The amount transferred shall be that billed by

29  the department.

30         Section 38.  Section 216.301, Florida Statutes, is

31  amended to read:


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    CS for SB 2610                                 First Engrossed



 1         216.301  Appropriations; undisbursed balances.--

 2         (1)(a)  Any balance of any appropriation, except an

 3  appropriation for fixed capital outlay, which is not disbursed

 4  but which is expended or contracted to be expended shall, at

 5  the end of each fiscal year, be certified by the head of the

 6  affected state agency or the judicial or legislative branches,

 7  on or before August 1 of each year, to the Executive Office of

 8  the Governor, showing in detail the obligees to whom obligated

 9  and the amounts of such obligations. On or before September 1

10  of each year, the Executive Office of the Governor shall

11  review and approve or disapprove, consistent with legislative

12  policy and intent, any or all of the items and amounts

13  certified by the head of the affected state agency and shall

14  approve all items and amounts certified by the Chief Justice

15  of the Supreme Court for the judicial branch and by the

16  legislative branch and shall furnish the Chief Financial

17  Officer, the legislative appropriations committees, and the

18  Auditor General a detailed listing of the items and amounts

19  approved as legal encumbrances against the undisbursed balance

20  of such appropriation. The review shall assure that trust

21  funds have been fully maximized. Any such encumbered balance

22  remaining undisbursed on December 31 of the same calendar year

23  in which such certification was made shall revert to the fund

24  from which appropriated, except as provided in subsection (3),

25  and shall be available for reappropriation by the Legislature.

26  In the event such certification is not made and an obligation

27  is proven to be legal, due, and unpaid, then the obligation

28  shall be paid and charged to the appropriation for the current

29  fiscal year of the state agency or the legislative or judicial

30  branch affected.

31  


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    CS for SB 2610                                 First Engrossed



 1         (b)  Any balance of any appropriation, except an

 2  appropriation for fixed capital outlay, for any given fiscal

 3  year remaining after charging against it any lawful

 4  expenditure shall revert to the fund from which appropriated

 5  and shall be available for reappropriation by the Legislature.

 6         (c)  Each department and the judicial branch shall

 7  maintain the integrity of the General Revenue Fund.

 8  Appropriations from the General Revenue Fund contained in the

 9  original approved budget may be transferred to the proper

10  trust fund for disbursement. Any reversion of appropriation

11  balances from programs which receive funding from the General

12  Revenue Fund and trust funds shall be transferred to the

13  General Revenue Fund within 15 days after such reversion,

14  unless otherwise provided by federal or state law, including

15  the General Appropriations Act. The Executive Office of the

16  Governor or the Chief Justice of the Supreme Court shall

17  determine the state agency or judicial branch programs which

18  are subject to this paragraph. This determination shall be

19  subject to the legislative consultation and objection process

20  in this chapter. The Education Enhancement Trust Fund shall

21  not be subject to the provisions of this section.

22         (2)(a)  The balance of any appropriation for fixed

23  capital outlay which is not disbursed but expended,

24  contracted, or committed to be expended prior to February 1 of

25  the second fiscal year of the appropriation, or the third

26  fiscal year if it is for an educational facility as defined in

27  chapter 1013 or for a construction project of a state

28  university, shall be certified by the head of the affected

29  state agency or the legislative or judicial branch on February

30  1 to the Executive Office of the Governor, showing in detail

31  the commitment or to whom obligated and the amount of the


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    CS for SB 2610                                 First Engrossed



 1  commitment or obligation. The Executive Office of the Governor

 2  shall review and approve or disapprove, consistent with

 3  criteria jointly developed by the Executive Office of the

 4  Governor and the legislative appropriations committees, the

 5  continuation of such unexpended balances. The Executive Office

 6  of the Governor shall, not later than February 20 of each

 7  year, furnish the Chief Financial Officer, the legislative

 8  appropriations committees, and the Auditor General a report

 9  listing in detail the items and amounts reverting under the

10  authority of this subsection, including the fund to which

11  reverted and the agency affected.

12         (b)  The certification required in this subsection must

13  be in the form and on the date approved by the Executive

14  Office of the Governor. Any balance that is not certified

15  shall revert to the fund from which it was appropriated and be

16  available for reappropriation.

17         (c)  The balance of any appropriation for fixed capital

18  outlay certified forward under paragraph (a) which is not

19  disbursed but expended, contracted, or committed to be

20  expended prior to the end of the second fiscal year of the

21  appropriation, or the third fiscal year if it is for an

22  educational facility as defined in chapter 1013 or for a

23  construction project of a state university, and any subsequent

24  fiscal year, shall be certified by the head of the affected

25  state agency or the legislative or judicial branch on or

26  before August 1 of each year to the Executive Office of the

27  Governor, showing in detail the commitment or to whom

28  obligated and the amount of such commitment or obligation. On

29  or before September 1 of each year, the Executive Office of

30  the Governor shall review and approve or disapprove,

31  consistent with legislative policy and intent, any or all of


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    CS for SB 2610                                 First Engrossed



 1  the items and amounts certified by the head of the affected

 2  state agency and shall approve all items and amounts certified

 3  by the Chief Justice of the Supreme Court and by the

 4  legislative branch and shall furnish the Chief Financial

 5  Officer, the legislative appropriations committees, and the

 6  Auditor General a detailed listing of the items and amounts

 7  approved as legal encumbrances against the undisbursed

 8  balances of such appropriations. If such certification is not

 9  made and the balance of the appropriation has reverted and the

10  obligation is proven to be legal, due, and unpaid, the

11  obligation shall be presented to the Legislature for its

12  consideration.

13         (3)  The President of the Senate and the Speaker of the

14  House of Representatives may notify the Executive Office of

15  the Governor to retain certified-forward balances from

16  legislative budget entities until June 30 of the following

17  fiscal year.

18         (2)(a)  Any balance of any appropriation for fixed

19  capital outlay not disbursed but expended or contracted or

20  committed to be expended shall, at the end of each fiscal

21  year, be certified by the head of the affected state agency or

22  the legislative or judicial branch, on or before August 1 of

23  each year, to the Executive Office of the Governor, showing in

24  detail the commitment or to whom obligated and the amount of

25  such commitment or obligation. On or before September 1 of

26  each year, the Executive Office of the Governor shall review

27  and approve or disapprove, consistent with legislative policy

28  and intent, any or all of the items and amounts certified by

29  the head of the affected state agency and shall approve all

30  items and amounts certified by the Chief Justice of the

31  Supreme Court and by the legislative branch and shall furnish


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    CS for SB 2610                                 First Engrossed



 1  the Chief Financial Officer, the legislative appropriations

 2  committees, and the Auditor General a detailed listing of the

 3  items and amounts approved as legal encumbrances against the

 4  undisbursed balances of such appropriations. In the event such

 5  certification is not made and the balance of the appropriation

 6  has reverted and the obligation is proven to be legal, due,

 7  and unpaid, then the same shall be presented to the

 8  Legislature for its consideration.

 9         (b)  Such certification as herein required shall be in

10  the form and on the date approved by the Executive Office of

11  the Governor. Any balance not so certified shall revert to the

12  fund from which appropriated and shall be available for

13  reappropriation.

14         (3)  Notwithstanding the provisions of subsection (2),

15  the unexpended balance of any appropriation for fixed capital

16  outlay subject to but not under the terms of a binding

17  contract or a general construction contract prior to February

18  1 of the second fiscal year, or the third fiscal year if it is

19  for an educational facility as defined in chapter 1013 or a

20  construction project of a state university, of the

21  appropriation shall revert on February 1 of such year to the

22  fund from which appropriated and shall be available for

23  reappropriation. The Executive Office of the Governor shall,

24  not later than February 20 of each year, furnish the Chief

25  Financial Officer, the legislative appropriations committees,

26  and the Auditor General a report listing in detail the items

27  and amounts reverting under the authority of this subsection,

28  including the fund to which reverted and the agency affected.

29         Section 39.  Effective July 1, 2006, subsection (1) of

30  section 216.301, Florida Statutes, as amended by this act, is

31  amended to read:


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    CS for SB 2610                                 First Engrossed



 1         216.301  Appropriations; undisbursed balances.--

 2         (1)(a)  Any balance of any appropriation, except an

 3  appropriation for fixed capital outlay, which is not disbursed

 4  but which is expended or contracted to be expended shall, at

 5  the end of each fiscal year, be certified by the head of the

 6  affected state agency or the judicial or legislative branches,

 7  on or before August 1 of each year, to the Executive Office of

 8  the Governor, showing in detail the obligees to whom obligated

 9  and the amounts of such obligations. On or before September 1

10  of each year, the Executive Office of the Governor shall

11  review and approve or disapprove, consistent with legislative

12  policy and intent, any or all of the items and amounts

13  certified by the head of the affected state agency and shall

14  approve all items and amounts certified by the Chief Justice

15  of the Supreme Court for the judicial branch and by the

16  legislative branch and shall furnish the Chief Financial

17  Officer, the legislative appropriations committees, and the

18  Auditor General a detailed listing of the items and amounts

19  approved as legal encumbrances against the undisbursed balance

20  of such appropriation. The review shall assure that trust

21  funds have been fully maximized. Any such encumbered balance

22  remaining undisbursed on September 30 December 31 of the same

23  calendar year in which such certification was made shall

24  revert to the fund from which appropriated, except as provided

25  in subsection (3), and shall be available for reappropriation

26  by the Legislature. In the event such certification is not

27  made and an obligation is proven to be legal, due, and unpaid,

28  then the obligation shall be paid and charged to the

29  appropriation for the current fiscal year of the state agency

30  or the legislative or judicial branch affected.

31  


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    CS for SB 2610                                 First Engrossed



 1         (b)  Any balance of any appropriation, except an

 2  appropriation for fixed capital outlay, for any given fiscal

 3  year remaining after charging against it any lawful

 4  expenditure shall revert to the fund from which appropriated

 5  and shall be available for reappropriation by the Legislature.

 6         (c)  Each department and the judicial branch shall

 7  maintain the integrity of the General Revenue Fund.

 8  Appropriations from the General Revenue Fund contained in the

 9  original approved budget may be transferred to the proper

10  trust fund for disbursement. Any reversion of appropriation

11  balances from programs which receive funding from the General

12  Revenue Fund and trust funds shall be transferred to the

13  General Revenue Fund within 15 days after such reversion,

14  unless otherwise provided by federal or state law, including

15  the General Appropriations Act. The Executive Office of the

16  Governor or the Chief Justice of the Supreme Court shall

17  determine the state agency or judicial branch programs which

18  are subject to this paragraph. This determination shall be

19  subject to the legislative consultation and objection process

20  in this chapter. The Education Enhancement Trust Fund shall

21  not be subject to the provisions of this section.

22         Section 40.  Subsection (3) of section 218.60, Florida

23  Statutes, is repealed.

24         Section 41.  Subsection (2) of section 252.37, Florida

25  Statutes, is amended to read:

26         252.37  Financing.--

27         (2)  It is the legislative intent that the first

28  recourse be made to funds regularly appropriated to state and

29  local agencies.  If the Governor finds that the demands placed

30  upon these funds in coping with a particular disaster declared

31  by the Governor as a state of emergency are unreasonably


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    CS for SB 2610                                 First Engrossed



 1  great, she or he may make funds available by transferring and

 2  expending moneys appropriated for other purposes, by

 3  transferring and expending moneys out of any unappropriated

 4  surplus funds, or from the Budget Stabilization Fund or

 5  Working Capital Fund.  Following the expiration or termination

 6  of the state of emergency, the Governor may process a budget

 7  amendment under the notice and review procedures set forth in

 8  s. 216.177 to transfer moneys to satisfy the budget authority

 9  granted for such emergency.

10         Section 42.  Subsection (3) of section 265.55, Florida

11  Statutes, is amended to read:

12         265.55  Claims.--

13         (3)  The authorization for payment delineated in

14  subsection (2) shall be forwarded to the Chief Financial

15  Officer. The Chief Financial Officer shall take appropriate

16  action to execute authorized payment of the claim from

17  unobligated, unappropriated moneys in the General Revenue

18  Working Capital Fund, as defined in s. 215.32.

19         Section 43.  Section 288.1234, Florida Statutes, is

20  repealed.

21         Section 44.  Section 288.7091, Florida Statutes, is

22  amended to read:

23         288.7091  Duties of the Florida Black Business

24  Investment Board, Inc.--The Florida Black Business Investment

25  Board, Inc., shall:

26         (1)  Establish certification criteria for black

27  business investment corporations and certify at least once

28  every 5 years, each of the black business investment

29  corporations. Certification criteria shall include

30  administrative capacity, fiduciary controls, and, in the case

31  


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    CS for SB 2610                                 First Engrossed



 1  of existing black business investment corporations, solvency

 2  and soundness of prior loan decisions;

 3         (2)  Ensure that any appropriations by the Legislature

 4  to the corporation on behalf of the black business investment

 5  corporations are provided to the corporations in the manner

 6  and amount prescribed by the Legislature;

 7         (3)  Work with Enterprise Florida, Inc., and local

 8  economic development organizations to promote the retention

 9  and expansion of existing black business enterprises and to

10  promote the formation and recruitment of new black business

11  enterprises;

12         (4)  Develop a memorandum of understanding with

13  Enterprise Florida, Inc., that outlines a strategy for

14  collaboration with the programs, activities, and committees or

15  similar units of Enterprise Florida, Inc., which memorandum of

16  understanding shall provide for Enterprise Florida, Inc., to

17  contract with the corporation, where practicable, for the

18  delivery of economic development services relating to black

19  business enterprises;

20         (5)  Include in the criteria for loan decisions,

21  occupational forecasting results set forth in s. 216.136(7) s.

22  216.136(9) which target high growth jobs;

23         (6)  Facilitate the formation of black business

24  investment corporations in communities that are not currently

25  served by such corporations and establish, in communities that

26  are not currently served by an existing black business

27  investment corporation, memoranda of understanding with local

28  financial institutions that will provide loan guarantees for

29  loans to black business enterprises;

30         (7)  Develop memoranda of understanding with the

31  Departments of Education, Transportation, Community Affairs,


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    CS for SB 2610                                 First Engrossed



 1  and Management Services, as well as with Workforce Florida,

 2  Inc., and the State Board of Education, detailing efforts of

 3  common interest and collaborations to expand black business

 4  development;

 5         (8)  Intensify efforts to increase the number of

 6  franchises owned by black businesses and the number of black

 7  business enterprises in construction and construction-related

 8  projects, with emphasis on construction projects financed by

 9  federal, state, or local governments; and

10         (9)  Annually, prepare a report detailing the

11  performance of each black business investment corporation,

12  addressing the number of jobs created and/or retained, success

13  and failure rates among loan recipients, and the amount of

14  funds leveraged from other sources.

15         (10)  Annually, provide for a financial audit as

16  defined in s. 11.45 of its accounts and records by an

17  independent certified public accountant. The audit report

18  shall be filed within 12 months after the end of the fiscal

19  year to the Governor, the President of the Senate, the Speaker

20  of the House of Representatives, and the Auditor General.

21         Section 45.  Subsection (5) of section 320.20, Florida

22  Statutes, is amended to read:

23         320.20  Disposition of license tax moneys.--The revenue

24  derived from the registration of motor vehicles, including any

25  delinquent fees and excluding those revenues collected and

26  distributed under the provisions of s. 320.081, must be

27  distributed monthly, as collected, as follows:

28         (5)(a)  Except as provided in paragraph (c), the

29  remainder of such revenues must be deposited in the State

30  Transportation Trust Fund.

31  


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    CS for SB 2610                                 First Engrossed



 1         (b)  The Chief Financial Officer each month shall

 2  deposit in the State Transportation Trust Fund an amount,

 3  drawn from other funds in the State Treasury which are not

 4  immediately needed or are otherwise in excess of the amount

 5  necessary to meet the requirements of the State Treasury,

 6  which when added to such remaining revenues each month will

 7  equal one-twelfth of the amount of the anticipated annual

 8  revenues to be deposited in the State Transportation Trust

 9  Fund under paragraph (a) as determined by the Chief Financial

10  Officer after consultation with the estimated by the most

11  recent Revenue Estimating Conference held pursuant to s.

12  216.136(3).  The transfers required hereunder may be suspended

13  by action of the Legislative Budget Commission in the event of

14  a significant shortfall of state revenues.

15         (c)  In any month in which the remaining revenues

16  derived from the registration of motor vehicles exceed

17  one-twelfth of those anticipated annual remaining revenues as

18  determined by the Chief Financial Officer after consultation

19  with the Revenue Estimating Conference, the excess shall be

20  credited to those state funds in the State Treasury from which

21  the amount was originally drawn, up to the amount which was

22  deposited in the State Transportation Trust Fund under

23  paragraph (b).  A final adjustment must be made in the last

24  months of a fiscal year so that the total revenue deposited in

25  the State Transportation Trust Fund each year equals the

26  amount derived from the registration of motor vehicles, less

27  the amount distributed under subsection (1).  For the purposes

28  of this paragraph and paragraph (b), the term "remaining

29  revenues" means all revenues deposited into the State

30  Transportation Trust Fund under paragraph (a) and subsections

31  (2) and (3). In order that interest earnings continue to


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    CS for SB 2610                                 First Engrossed



 1  accrue to the General Revenue Fund, the Department of

 2  Transportation may not invest an amount equal to the

 3  cumulative amount of funds deposited in the State

 4  Transportation Trust Fund under paragraph (b) less funds

 5  credited under this paragraph as computed on a monthly basis.

 6  The amounts to be credited under this and the preceding

 7  paragraph must be calculated and certified to the Chief

 8  Financial Officer by the Executive Office of the Governor.

 9         Section 46.  Subsections (6) and (7) of section

10  339.135, Florida Statutes, are amended to read:

11         339.135  Work program; legislative budget request;

12  definitions; preparation, adoption, execution, and

13  amendment.--

14         (6)  EXECUTION OF THE BUDGET.--

15         (a)  The department, during any fiscal year, shall not

16  expend money, incur any liability, or enter into any contract

17  which, by its terms, involves the expenditure of money in

18  excess of the amounts budgeted as available for expenditure

19  during such fiscal year.  Any contract, verbal or written,

20  made in violation of this subsection is null and void, and no

21  money may be paid on such contract.  The department shall

22  require a statement from the comptroller of the department

23  that funds are available prior to entering into any such

24  contract or other binding commitment of funds.  Nothing herein

25  contained shall prevent the making of contracts for periods

26  exceeding 1 year, but any contract so made shall be executory

27  only for the value of the services to be rendered or agreed to

28  be paid for in succeeding fiscal years; and this paragraph

29  shall be incorporated verbatim in all contracts of the

30  department which are for an amount in excess of $25,000 and

31  which have a term for a period of more than 1 year.


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    CS for SB 2610                                 First Engrossed



 1         (b)  In the operation of the State Transportation Trust

 2  Fund, the department shall have on hand at the close of

 3  business, which closing shall not be later than the 10th

 4  calendar day of the month following the end of each quarter of

 5  the fiscal year, an available cash balance (which shall

 6  include cash on deposit with the treasury and short-term

 7  investments of the department) equivalent to not less than $50

 8  million, or 5 percent of the unpaid balance of all State

 9  Transportation Trust Fund obligations at the close of such

10  quarter, whichever amount is less.  In the event that this

11  cash position is not maintained, no further contracts or other

12  fund commitments shall be approved, entered into, awarded, or

13  executed until the cash balance, as defined above, has been

14  regained.

15         (c)  Notwithstanding the provisions of ss. 216.301(3)

16  and 216.351, any unexpended balance remaining at the end of

17  the fiscal year in the appropriations to the department for

18  special categories; aid to local governments; lump sums for

19  project phases which are part of the adopted work program, and

20  for which contracts have been executed or bids have been let;

21  and for right-of-way land acquisition and relocation

22  assistance for parcels from project phases in the adopted work

23  program for which appraisals have been completed and approved,

24  may be certified forward as fixed capital outlay under the

25  provisions of s. 216.301(2)(a).  Any project phases in the

26  adopted work program not certified forward under the

27  provisions of s. 216.301(2)(a) shall be available for roll

28  forward for the next fiscal year of the adopted work program.

29  Spending authority associated with such project phases may be

30  rolled forward to the next fiscal year upon approval by the

31  Legislative Budget Commission pursuant to paragraph (f).


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    CS for SB 2610                                 First Engrossed



 1  Increases in spending authority shall be limited to amounts of

 2  unexpended balances by appropriation category. Any project

 3  phase certified forward for which bids have been let but

 4  subsequently rejected shall be available for roll forward in

 5  the adopted work program for the next fiscal year.  Spending

 6  authority associated with such project phases may be rolled

 7  forward into the current year from funds certified forward

 8  pursuant to paragraph (f).  The amount certified forward may

 9  include contingency allowances for right-of-way acquisition

10  and relocation, asphalt and petroleum product escalation

11  clauses, and contract overages, which allowances shall be

12  separately identified in the certification detail.

13  Right-of-way acquisition and relocation and contract overages

14  contingency allowances shall be based on documented historical

15  patterns.  These contingency amounts shall be incorporated in

16  the certification for each specific category, but when a

17  category has an excess and another category has a deficiency,

18  the Executive Office of the Governor is authorized to transfer

19  the excess to the deficient account.

20         (d)  The department shall allocate resources provided

21  in the General Appropriations Act to the districts prior to

22  July 31 of each year. The allocation shall be promptly

23  reported to the Executive Office of the Governor and the

24  legislative appropriations committees, and all subsequent

25  amendments shall be reported promptly to the secretary of the

26  department.

27         (e)  This subsection does not apply to any bonds issued

28  on behalf of the department pursuant to the State Bond Act.

29         (f)  Notwithstanding the provisions of ss. 216.181(1),

30  216.292, and 216.351, the Executive Office of the Governor may

31  amend that portion of the department's original approved fixed


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    CS for SB 2610                                 First Engrossed



 1  capital outlay budget which comprises the work program

 2  pursuant to subsection (7).  Increase in spending authority in

 3  paragraph (c) shall be limited to amounts of unexpended

 4  balances by appropriation category.

 5         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

 6         (a)  Notwithstanding the provisions of ss. 216.181(1),

 7  216.292, and 216.351, the adopted work program may be amended

 8  only pursuant to the provisions of this subsection.

 9         (a)(b)  The department may not transfer any funds for

10  any project or project phase between department districts.

11  However, a district secretary may agree to a loan of funds to

12  another district, if:

13         1.  The funds are used solely to maximize the use or

14  amount of funds available to the state;

15         2.  The loan agreement is executed in writing and is

16  signed by the district secretaries of the respective

17  districts;

18         3.  Repayment of the loan is to be made within 3 years

19  after the date on which the agreement was entered into; and

20         4.  The adopted work program of the district loaning

21  the funds would not be substantially impaired if the loan were

22  made, according to the district secretary.

23  

24  The loan constitutes an amendment to the adopted work program

25  and is subject to the procedures specified in paragraph (b)

26  (c).

27         (b)(c)  The department may amend the adopted work

28  program to transfer appropriations within the department,

29  except that the following amendments shall be subject to the

30  procedures in paragraph (c) (d):

31  


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    CS for SB 2610                                 First Engrossed



 1         1.  Any amendment which deletes any project or project

 2  phase;

 3         2.  Any amendment which adds a project estimated to

 4  cost over $150,000 in funds appropriated by the Legislature;

 5         3.  Any amendment which advances or defers to another

 6  fiscal year, a right-of-way phase, a construction phase, or a

 7  public transportation project phase estimated to cost over

 8  $500,000 in funds appropriated by the Legislature, except an

 9  amendment advancing or deferring a phase for a period of 90

10  days or less; or

11         4.  Any amendment which advances or defers to another

12  fiscal year, any preliminary engineering phase or design phase

13  estimated to cost over $150,000 in funds appropriated by the

14  Legislature, except an amendment advancing or deferring a

15  phase for a period of 90 days or less.

16         (c)(d)1.  Whenever the department proposes any

17  amendment to the adopted work program, which amendment is

18  defined in subparagraph (b)1. (c)1., subparagraph (b)2. (c)2.,

19  subparagraph (b)3. (c)3., or subparagraph (b)4. (c)4., it

20  shall submit the proposed amendment to the Governor for

21  approval and shall immediately notify the chairs of the

22  legislative appropriations committees, the chairs of the

23  legislative transportation committees, each member of the

24  Legislature who represents a district affected by the proposed

25  amendment, each metropolitan planning organization affected by

26  the proposed amendment, and each unit of local government

27  affected by the proposed amendment.  Such proposed amendment

28  shall provide a complete justification of the need for the

29  proposed amendment.

30  

31  


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    CS for SB 2610                                 First Engrossed



 1         2.  The Governor shall not approve a proposed amendment

 2  until 14 days following the notification required in

 3  subparagraph 1.

 4         3.  If either of the chairs of the legislative

 5  appropriations committees or the President of the Senate or

 6  the Speaker of the House of Representatives objects in writing

 7  to a proposed amendment within 14 days following notification

 8  and specifies the reasons for such objection, the Governor

 9  shall disapprove the proposed amendment or shall submit the

10  proposed amendment to the Administration Commission.  The

11  proposed amendment may be approved by the Administration

12  Commission by a two-thirds vote of the members present with

13  the Governor voting in the affirmative.  In the absence of

14  approval by the commission, the proposed amendment shall be

15  automatically disapproved.

16         (d)(e)  Notwithstanding the requirements in paragraph

17  (c) (d) and ss. 216.177(2) and 216.351, the secretary may

18  request the Executive Office of the Governor to amend the

19  adopted work program when an emergency exists, as defined in

20  s. 252.34(3), and the emergency relates to the repair or

21  rehabilitation of any state transportation facility.  The

22  Executive Office of the Governor may approve the amendment to

23  the adopted work program and amend that portion of the

24  department's approved budget in the event that the delay

25  incident to the notification requirements in paragraph (c) (d)

26  would be detrimental to the interests of the state.  However,

27  the department shall immediately notify the parties specified

28  in paragraph (c) (d) and shall provide such parties written

29  justification for the emergency action within 7 days of the

30  approval by the Executive Office of the Governor of the

31  amendment to the adopted work program and the department's


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    CS for SB 2610                                 First Engrossed



 1  budget.  In no event may the adopted work program be amended

 2  under the provisions of this subsection without the

 3  certification by the comptroller of the department that there

 4  are sufficient funds available pursuant to the 36-month cash

 5  forecast and applicable statutes.

 6         (e)(f)  The department may authorize the investment of

 7  the earnings accrued and collected upon the investment of the

 8  minimum balance of funds required to be maintained in the

 9  State Transportation Trust Fund pursuant to paragraph (a) (b).

10  Such investment shall be limited as provided in s.

11  288.9607(7).

12         Section 47.  Subsection (3) of section 381.0303,

13  Florida Statutes, is amended to read:

14         381.0303  Health practitioner recruitment for special

15  needs shelters.--

16         (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The

17  Department of Health shall reimburse, subject to the

18  availability of funds for this purpose, health care

19  practitioners, as defined in s. 456.001, provided the

20  practitioner is not providing care to a patient under an

21  existing contract, and emergency medical technicians and

22  paramedics licensed pursuant to chapter 401 for medical care

23  provided at the request of the department in special needs

24  shelters or at other locations during times of emergency or

25  major disaster. Reimbursement for health care practitioners,

26  except for physicians licensed pursuant to chapter 458 or

27  chapter 459, shall be based on the average hourly rate that

28  such practitioners were paid according to the most recent

29  survey of Florida hospitals conducted by the Florida Hospital

30  Association. Reimbursement shall be requested on forms

31  prepared by the Department of Health. If a Presidential


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    CS for SB 2610                                 First Engrossed



 1  Disaster Declaration has been made, and the Federal Government

 2  makes funds available, the department shall use such funds for

 3  reimbursement of eligible expenditures. In other situations,

 4  or if federal funds do not fully compensate the department for

 5  reimbursement made pursuant to this section, the department

 6  shall process submit to the Cabinet or Legislature, as

 7  appropriate, a budget amendment to obtain reimbursement from

 8  unobligated, unappropriated moneys in the General Revenue

 9  working capital Fund. Travel expense and per diem costs shall

10  be reimbursed pursuant to s. 112.061.

11         Section 48.  Subsection (5) of section 409.906, Florida

12  Statutes, is amended to read:

13         409.906  Optional Medicaid services.--Subject to

14  specific appropriations, the agency may make payments for

15  services which are optional to the state under Title XIX of

16  the Social Security Act and are furnished by Medicaid

17  providers to recipients who are determined to be eligible on

18  the dates on which the services were provided. Any optional

19  service that is provided shall be provided only when medically

20  necessary and in accordance with state and federal law.

21  Optional services rendered by providers in mobile units to

22  Medicaid recipients may be restricted or prohibited by the

23  agency. Nothing in this section shall be construed to prevent

24  or limit the agency from adjusting fees, reimbursement rates,

25  lengths of stay, number of visits, or number of services, or

26  making any other adjustments necessary to comply with the

27  availability of moneys and any limitations or directions

28  provided for in the General Appropriations Act or chapter 216.

29  If necessary to safeguard the state's systems of providing

30  services to elderly and disabled persons and subject to the

31  notice and review provisions of s. 216.177, the Governor may


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    CS for SB 2610                                 First Engrossed



 1  direct the Agency for Health Care Administration to amend the

 2  Medicaid state plan to delete the optional Medicaid service

 3  known as "Intermediate Care Facilities for the Developmentally

 4  Disabled." Optional services may include:

 5         (5)  CASE MANAGEMENT SERVICES.--The agency may pay for

 6  primary care case management services rendered to a recipient

 7  pursuant to a federally approved waiver, and targeted case

 8  management services for specific groups of targeted

 9  recipients, for which funding has been provided and which are

10  rendered pursuant to federal guidelines. The agency is

11  authorized to limit reimbursement for targeted case management

12  services in order to comply with any limitations or directions

13  provided for in the General Appropriations Act.

14  Notwithstanding s. 216.292, the Department of Children and

15  Family Services may transfer general funds to the Agency for

16  Health Care Administration to fund state match requirements

17  exceeding the amount specified in the General Appropriations

18  Act for targeted case management services.

19         Section 49.  Paragraph (b) of subsection (11) of

20  section 409.912, Florida Statutes, is repealed.

21         Section 50.  Subsection (2) of section 468.392, Florida

22  Statutes, is amended to read:

23         468.392  Auctioneer Recovery Fund.--There is created

24  the Auctioneer Recovery Fund as a separate account in the

25  Professional Regulation Trust Fund.  The fund shall be

26  administered by the Florida Board of Auctioneers.

27         (2)  All payments and disbursements from the Auctioneer

28  Recovery Fund shall be made by the Chief Financial Officer

29  upon a voucher signed by the Secretary of Business and

30  Professional Regulation or the secretary's designee. Amounts

31  transferred to the Auctioneer Recovery Fund shall not be


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    CS for SB 2610                                 First Engrossed



 1  subject to any limitation imposed by an appropriation act of

 2  the Legislature.

 3         Section 51.  Subsection (6) of section 475.484, Florida

 4  Statutes, is amended to read:

 5         475.484  Payment from the fund.--

 6         (6)  All payments and disbursements from the Real

 7  Estate Recovery Fund shall be made by the Chief Financial

 8  Officer upon a voucher signed by the secretary of the

 9  department. Amounts transferred to the Real Estate Recovery

10  Fund shall not be subject to any limitation imposed by an

11  appropriation act of the Legislature.

12         Section 52.  Paragraph (b) of subsection (7) of section

13  631.141, Florida Statutes, is amended to read:

14         631.141  Conduct of delinquency proceeding; domestic

15  and alien insurers.--

16         (7)

17         (b)  In the event that initiation of delinquency

18  proceedings does not result in appointment of the department

19  as receiver, or in the event that the funds or assets of an

20  insurer for which the department is appointed as receiver are

21  insufficient to cover the cost of compensation to special

22  agents, counsel, clerks, or assistants and all expenses of

23  taking, or attempting to take, possession of the insurer, and

24  of conducting the proceeding, there is appropriated, upon

25  approval of the Chief Financial Officer and of the Legislative

26  Budget Commission pursuant to chapter 216, from the Insurance

27  Regulation Trust Fund to the Division of Rehabilitation and

28  Liquidation a sum that is sufficient to cover the unreimbursed

29  costs.

30         Section 53.  Paragraph (b) of subsection (9) of section

31  921.001, Florida Statutes, is amended to read:


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    CS for SB 2610                                 First Engrossed



 1         921.001  Sentencing Commission and sentencing

 2  guidelines generally.--

 3         (9)

 4         (b)  On or after January 1, 1994, any legislation

 5  which:

 6         1.  Creates a felony offense;

 7         2.  Enhances a misdemeanor offense to a felony offense;

 8         3.  Moves a felony offense from a lesser offense

 9  severity level to a higher offense severity level in the

10  offense severity ranking chart in s. 921.0012; or

11         4.  Reclassifies an existing felony offense to a

12  greater felony classification

13  

14  must provide that such a change result in a net zero sum

15  impact in the overall prison population, as determined by the

16  Legislature, considering the most recent estimates of the

17  Criminal Justice Estimating Conference, unless the legislation

18  contains a funding source sufficient in its base or rate to

19  accommodate such change or a provision which specifically

20  abrogates the application of this paragraph.

21         Section 54.  Subsection (3) of section 943.61, Florida

22  Statutes, is amended to read:

23         943.61  Powers and duties of the Capitol Police.--

24         (3)  Notwithstanding the provisions of chapter 216, no

25  assets, personnel, or resources shall be taken from the

26  Capitol Police, and no appropriation to the Capitol Police

27  shall be reduced without the express approval of the Governor

28  and the Legislative Budget Commission. Nothing herein limits

29  the ability of the Capitol Police to provide mutual aid to

30  other law enforcement agencies as authorized by law unless

31  


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    CS for SB 2610                                 First Engrossed



 1  such a limitation is expressly included in the operational

 2  security plans provided for herein.

 3         Section 55.  Paragraph (a) of subsection (1) of section

 4  1009.536, Florida Statutes, is amended to read:

 5         1009.536  Florida Gold Seal Vocational Scholars

 6  award.--The Florida Gold Seal Vocational Scholars award is

 7  created within the Florida Bright Futures Scholarship Program

 8  to recognize and reward academic achievement and career

 9  preparation by high school students who wish to continue their

10  education.

11         (1)  A student is eligible for a Florida Gold Seal

12  Vocational Scholars award if the student meets the general

13  eligibility requirements for the Florida Bright Futures

14  Scholarship Program and the student:

15         (a)  Completes the secondary school portion of a

16  sequential program of studies that requires at least three

17  secondary school career credits taken over at least 2 academic

18  years, and is continued in a planned, related postsecondary

19  education program. If the student's school does not offer such

20  a two-plus-two or tech-prep program, the student must complete

21  a job-preparatory career education program selected by the

22  Workforce Estimating Conference or Workforce Florida, Inc.,

23  for its ability to provide high-wage employment in an

24  occupation with high potential for employment opportunities.

25  On-the-job training may not be substituted for any of the

26  three required career credits.

27         Section 56.  Subsection (2) of section 1013.512,

28  Florida Statutes, is amended to read:

29         1013.512  Land Acquisition and Facilities Advisory

30  Board.--

31  


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    CS for SB 2610                                 First Engrossed



 1         (2)  If the director of the Office of Program Policy

 2  Analysis and Government Accountability (OPPAGA) or the Auditor

 3  General determines in a review or examination that significant

 4  deficiencies exist in a school district's land acquisition and

 5  facilities operational processes, he or she shall certify to

 6  the President of the Senate, the Speaker of the House of

 7  Representatives, the Legislative Budget Commission, and the

 8  Governor that the deficiency exists. If recommended by the

 9  Governor, the Legislative Budget Commission shall approve or

10  disapprove the placement of determine whether funds for the

11  school district funds will be placed in reserve until the

12  deficiencies are corrected.

13         Section 57.  Any undisbursed appropriations made from

14  the Working Capital Fund, previously created in section

15  215.32, Florida Statutes, are reappropriated from unallocated

16  moneys in the General Revenue Fund; any appropriations made to

17  the Working Capital Fund are reappropriated to the General

18  Revenue Fund; and any references to the Working Capital Fund

19  in SB 2600 or SB 2602, or similar legislation, shall be

20  replaced with "the General Revenue Fund." It is the intent of

21  the Legislature that the provisions of this section control in

22  the event SB 2600 or SB 2602, or other similar legislation, is

23  enacted subsequently during the 2005 Regular Session. This

24  section expires July 1, 2006.

25         Section 58.  Except as otherwise expressly provided in

26  this act, this act shall take effect upon becoming a law.

27  

28  

29  

30  

31  


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