November 29, 2020
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Senate Bill 2610

Senate Bill sb2610er

CODING: Words stricken are deletions; words underlined are additions.


    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



  1                                 

  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. 20.19,

  9         F.S.; eliminating certain transfer authority of

10         district administrators in the Department of

11         Children and Family Services; amending s.

12         20.316, F.S., relating to the Department of

13         Juvenile Justice information systems;

14         correcting a reference; amending s. 45.062,

15         F.S.; limiting the ability of agencies to

16         settle lawsuits in certain circumstances;

17         requiring that certain legislative officers and

18         the Attorney General receive prior notice

19         concerning settlement negotiations and

20         presettlement agreements or orders; providing

21         certain exceptions; requiring that moneys paid

22         in settlement of a legal action be placed into

23         the General Revenue Fund or an appropriate

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

25         correcting a cross-reference; amending s.

26         110.1245, F.S., relating to a savings sharing

27         program; correcting a reference; amending s.

28         215.32, F.S.; providing for unallocated general

29         revenue; revising a provision relating to the

30         restoration of expenditures from the Budget

31         Stabilization Fund; revising requirements and


                                  1

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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         uses of Working Capital Fund moneys; amending

 2         s. 215.5601, F.S.; revising provisions relating

 3         to appropriations to and uses of the Lawton

 4         Chiles Endowment Fund; amending ss. 215.93 and

 5         215.94, F.S.; revising duties of the Financial

 6         Management Information Board, the functional

 7         owners of information subsystems, and the

 8         Auditor General relating to the Florida

 9         Financial Management Information System;

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

11         Florida Single Audit Act; revising and

12         providing definitions; revising the uniform

13         state audit requirements for state financial

14         assistance provided by state agencies to

15         nonstate entities; requiring the Department of

16         Financial Services to adopt rules and perform

17         additional duties with respect to the provision

18         of financial assistance to carry out state

19         projects; revising duties of the Executive

20         Office of the Governor and Chief Financial

21         Officer and specifying duties of coordinating

22         agencies; exempting certain nonstate entities

23         from the requirements of the Florida Single

24         Audit Act; amending s. 216.011, F.S.; revising

25         and providing definitions; amending s. 216.013,

26         F.S.; revising requirements for the long-range

27         program plans developed by state agencies and

28         the judicial branch; providing for the

29         preparation of form, manner, and timeframe

30         instructions for such plans; revising the plan

31         submission date; revising the date by which to


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         submit adjustments to such plans; requiring the

 2         plans to be posted on the Internet; providing

 3         that long-range program plans are exempt from

 4         ch. 120; amending s. 216.023, F.S.; providing

 5         for alternate dates for agencies to submit

 6         legislative budget requests; changing the

 7         requirements for an annual inventory of certain

 8         litigation; requiring and specifying additional

 9         information in legislative budget requests;

10         revising requirements of the judicial branch's

11         legislative budget requests; revising duties of

12         the Executive Office of the Governor, the

13         Legislature, and the Chief Justice relating to

14         legislative budget requests; amending s.

15         216.031, F.S.; revising requirements for target

16         budget requests; amending s. 216.052, F.S.;

17         deleting certain requirements relating to

18         community budget requests; amending s. 216.053,

19         F.S.; deleting the requirement that the General

20         Appropriations Act contain summary information

21         concerning performance-based program budgets;

22         amending s. 216.065, F.S.; revising

23         requirements relating to fiscal impact

24         statements on actions affecting the budget;

25         amending s. 216.081, F.S.; providing data

26         requirements for the Governor's recommended

27         budget under certain circumstances; amending s.

28         216.133, F.S.; deleting references to conform;

29         amending s. 216.134, F.S.; stipulating that

30         consensus estimating conferences are within the

31         legislative branch; revising provisions


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         relating to public meetings of consensus

 2         estimating conferences; amending s. 216.136,

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

 4         System Estimating Conference and the Juvenile

 5         Justice Estimating Conference; revising

 6         provisions relating to the principals of the

 7         Self-Insurance Estimating Conference and the

 8         Florida Retirement System Actuarial Assumption

 9         Conference; amending s. 216.162, F.S.; revising

10         the date for the Governor to submit the

11         recommended budget to the Legislature; amending

12         s. 216.163, F.S.; authorizing the Governor's

13         budget recommendation to include an alternative

14         recommendation for operating and fixed capital

15         outlay appropriations to that of the Chief

16         Justice; amending s. 216.167, F.S.; deleting

17         references to the Working Capital Fund, to

18         conform; amending s. 216.168, F.S.; deleting

19         provisions exempting the Governor from a

20         requirement to submit amended recommendations;

21         amending s. 216.177, F.S.; revising notice and

22         review requirements for actions taken under ch.

23         216, F.S., to provide for funds expended in

24         settlement of agency litigation; deleting an

25         obsolete provision; amending s. 216.181, F.S.;

26         requiring approval of certain amendments to an

27         approved operating budget by the Legislative

28         Budget Commission; revising requirements for

29         determining salary rates; authorizing the

30         Legislative Budget Commission to approve salary

31         rates; revising provisions relating to how the


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         annual salary rate is determined and

 2         controlled; deleting certain notice

 3         requirements; requiring that the legislative

 4         appropriations committees approve certain

 5         nonoperating budgets; deleting the authority to

 6         advance certain contracted services funds in

 7         the Department of Children and Family Service

 8         and the Department of Health; amending s.

 9         216.192, F.S.; deleting provisions authorizing

10         the legislative appropriations committees to

11         provide advice regarding the release of funds;

12         authorizing the Executive Office of the

13         Governor and the Chief Justice to place

14         appropriations in mandatory reserve or budget

15         reserve; amending s. 216.195, F.S.; deleting

16         certain notice and review requirements for the

17         impoundment of funds; amending s. 216.221,

18         F.S.; authorizing the Legislature to direct the

19         use of any state funds in an appropriations act

20         to offset General Revenue Fund deficits;

21         revising requirements for adjusting budgets in

22         order to avoid or eliminate a deficit; revising

23         procedures for certifying a budget deficit;

24         revising requirements for the Governor and the

25         Chief Justice in developing plans of action;

26         requiring that the Legislative Budget

27         Commission implement certain reductions in

28         appropriations; revising requirements for

29         resolving deficits; requiring that certain

30         actions to resolve a deficit be approved by the

31         Legislative Budget Commission; amending s.


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         216.231, F.S., relating to the release of

 2         classified appropriations, to conform; amending

 3         s. 216.235, F.S.; limiting the funding of

 4         certain proposals under the Innovation

 5         Investment Program; correcting references;

 6         amending s. 216.241, F.S.; requiring that the

 7         initiation or commencement of new programs be

 8         approved by the Legislative Budget Commission;

 9         deleting certain notice requirements; amending

10         s. 216.251, F.S.; correcting a reference;

11         revising requirements for establishing certain

12         salaries; amending s. 216.262, F.S.; requiring

13         the Legislative Budget Commission to approve

14         certain increases in the number of positions

15         for authorized programs; deleting provisions

16         authorizing an agency to retain salary dollars

17         under certain circumstances; amending s.

18         216.292, F.S.; revising provisions relating to

19         the transferability of appropriations; revising

20         limitations on the transferability of

21         appropriations; prohibiting spending fixed

22         capital outlay for other purposes; providing

23         notice and review requirements prior to

24         implementation of certain transfers;

25         prohibiting transferring appropriations except

26         as otherwise provided by law; providing certain

27         exceptions; amending s. 216.301, F.S.; revising

28         requirements for continuing unexpended balances

29         of appropriations for fixed capital outlay;

30         requiring approval by the Executive Office of

31         the Governor; authorizing the President of the


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         Senate and the Speaker of the House of

 2         Representatives to provide for the retention of

 3         certain balances from legislative budget

 4         entities; revising the certification forward

 5         process for operating appropriations; amending

 6         s. 218.60, F.S.; deleting an obsolete

 7         provision; amending ss. 252.37 and 265.55,

 8         F.S.; deleting certain references to the

 9         Working Capital Fund, to conform; amending s.

10         288.7091, F.S.; correcting a cross-reference;

11         amending s. 320.20, F.S.; providing duties of

12         the Chief Financial Officer with respect to the

13         deposit of certain trust fund moneys; amending

14         s. 337.023, F.S.; correcting a cross-reference;

15         amending s. 339.135, F.S.; revising

16         requirements for the tentative work programs

17         submitted by the Department of Transportation;

18         specifying procedures by which unexpended

19         balances in certain appropriations may be

20         certified forward as fixed capital outlay;

21         requiring that the Legislative Budget

22         Commission approve certain extensions of

23         spending authority; revising requirements for

24         amending certain work programs; requiring

25         approval of the Legislative Budget Commission

26         for certain work program amendments; amending

27         373.6065, F.S.; correcting a cross-reference;

28         amending s. 381.0303, F.S.; authorizing the

29         Department of Health to obtain reimbursement

30         for special needs shelters from unappropriated

31         moneys in the General Revenue Fund; amending s.


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         392.69, F.S.; correcting a cross-reference;

 2         amending s. 409.906, F.S.; deleting provisions

 3         authorizing the Department of Children and

 4         Family Services to transfer certain funds in

 5         excess of the amount specified in the General

 6         Appropriations Act; amending s. 409.912, F.S.,

 7         relating to the transfer of certain funds from

 8         the Department of Elderly Affairs to the Agency

 9         for Health Care Administration, to conform;

10         amending s. 409.16745, F.S.; eliminating

11         72-hour notification for transfer of budget

12         authority for the community partnership

13         matching grant program; amending ss. 468.392

14         and 475.484, F.S.; deleting provisions

15         exempting funds in the Auctioneer Recovery Fund

16         and the Real Estate Recovery Fund from

17         limitations imposed by an appropriation act;

18         amending s. 631.141, F.S.; clarifying

19         provisions requiring the Legislative Budget

20         Commission to approve certain appropriations;

21         amending s. 921.001, F.S.; requiring the

22         Legislature to make certain determinations with

23         respect to legislation affecting the prison

24         population; amending s. 943.61, F.S.; deleting

25         a provision requiring approval by the Governor

26         and the Legislative Budget Commission for

27         appropriations to the Capitol Police; amending

28         s. 1003.03, F.S.; correcting a cross-reference;

29         amending s. 1009.536, F.S.; deleting duties of

30         the Workforce Estimating Conference with

31         respect to certain career education programs;


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         amending s. 1013.512, F.S.; requiring a

 2         recommendation by the Governor before placing

 3         certain school district funds in reserve;

 4         providing for references to the Working Capital

 5         Fund in certain legislation to be replaced with

 6         a reference to the General Revenue Fund;

 7         repealing s. 216.1825, F.S., relating to

 8         zero-based budgeting; repealing s. 216.183,

 9         F.S., relating to entities using

10         performance-based program budgets; repealing s.

11         288.1234, F.S., relating to the guaranty of

12         state obligations and the Olympic Games

13         Guaranty Account; providing effective dates.

14  

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

16  

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

18  Statutes, is amended to read:

19         14.2015  Office of Tourism, Trade, and Economic

20  Development; creation; powers and duties.--

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

22  Development shall ensure that the contract between the Florida

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

24  organization contains a provision to provide the data on the

25  visitor counts and visitor profiles used in revenue

26  estimating, employing the same methodology used in fiscal year

27  1995-1996 by the Department of Commerce. The Office of

28  Tourism, Trade, and Economic Development and the Florida

29  Commission on Tourism must advise and consult reach agreement

30  with the Consensus Estimating Conference principals before

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  making any changes in methodology used or information

 2  gathered.

 3         Section 2.  Paragraph (b) of subsection (5) of section

 4  20.19, Florida Statutes, is amended to read:

 5         20.19  Department of Children and Family

 6  Services.--There is created a Department of Children and

 7  Family Services.

 8         (5)  SERVICE DISTRICTS.--

 9         (b)1.  The secretary shall appoint a district

10  administrator for each of the service districts. The district

11  administrator shall serve at the pleasure of the secretary and

12  shall perform such duties as assigned by the secretary.

13  Subject to the approval of the secretary, such duties shall

14  include transferring up to 10 percent of the total district

15  budget, the provisions of ss. 216.292 and 216.351

16  notwithstanding.

17         2.  For the 2003-2004 fiscal year only, the transfer

18  authority provided in this subsection must be specifically

19  appropriated in the 2003-2004 General Appropriations Act and

20  shall be pursuant to the requirements of s. 216.292. This

21  subparagraph expires July 1, 2004.

22         3.  For the 2004-2005 fiscal year only, the transfer

23  authority provided in this subsection is available to the

24  department without further restriction other than as contained

25  in this subsection. This subparagraph expires July 1, 2005.

26         Section 3.  Paragraph (d) of subsection (4) of section

27  20.316, Florida Statutes, is amended to read:

28         20.316  Department of Juvenile Justice.--There is

29  created a Department of Juvenile Justice.

30         (4)  INFORMATION SYSTEMS.--

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

 2  minimum:

 3         1.  Facilitate case management of juveniles referred to

 4  or placed in the department's custody.

 5         2.  Provide timely access to current data and computing

 6  capacity to support outcome evaluation, legislative oversight,

 7  the Juvenile Justice Estimating Conference, and other

 8  research.

 9         3.  Provide automated support to the quality assurance

10  and program review functions.

11         4.  Provide automated support to the contract

12  management process.

13         5.  Provide automated support to the facility

14  operations management process.

15         6.  Provide automated administrative support to

16  increase efficiency, provide the capability of tracking

17  expenditures of funds by the department or contracted service

18  providers that are eligible for federal reimbursement, and

19  reduce forms and paperwork.

20         7.  Facilitate connectivity, access, and utilization of

21  information among various state agencies, and other state,

22  federal, local, and private agencies, organizations, and

23  institutions.

24         8.  Provide electronic public access to juvenile

25  justice information, which is not otherwise made confidential

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

27         9.  Provide a system for the training of information

28  system users and user groups.

29         Section 4.  Effective July 1, 2006, section 45.062,

30  Florida Statutes, is amended to read:

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         45.062  Settlements, conditions, or orders when an

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

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

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

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

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

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

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

 9  requires the expenditure of or the obligation to expend any

10  state funds or other state resources exceeding $1 million, the

11  refund or future loss of state revenues exceeding $10 million,

12  or the establishment of any new program, unless:

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

14  appropriation or program established by law.; and

15         (b)  At the time settlement negotiations have begun in

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

17  Senate, the Speaker of the House of Representatives, the

18  Senate and House of Representatives minority leaders, the

19  chairs of the appropriations committees of the Legislature,

20  and the Attorney General.

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

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

23  before of the date the settlement or presettlement agreement

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

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

26  House of Representatives minority leaders, the chairs of the

27  appropriations committees of the Legislature, and the Attorney

28  General. Such notification shall specify how the agency

29  involved will address the costs in future years within the

30  limits of current appropriations.

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

 2  notification required by this paragraph when settling any

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

 4  amount less than $250,000.

 5         2.  The notification specified in this paragraph is not

 6  required if:

 7         a.  The only settlement obligation of the state

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

 9  less than $10,000;

10         b.  Notification would preclude the state's

11  participation in multistate litigation;

12         c.  Notification is precluded by federal law or

13  regulation; d.  Notification is precluded by court rule or

14  sanction;

15         e.  The head of the primary state agency involved in

16  the litigation certifies to the President of the Senate and

17  the Speaker of the House of Representatives, in writing within

18  5 days after the settlement, the specific reasons prior

19  notification could not be provided;

20         f.  Settlement or presettlement negotiations are being

21  conducted with fewer than all of the opposing parties; or

22         g.  The President of the Senate and the Speaker of the

23  House of Representatives or the chairs of the appropriations

24  committees of the Legislature, acting in the best interest of

25  the state, waive notification.

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

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

28  action.

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

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

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


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

 2  in excess of current appropriations or to policy changes

 3  inconsistent with current state law shall be contingent upon

 4  and subject to legislative appropriation or statutory

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

 6  efforts to procure legislative funding or statutory amendment.

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

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

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

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

11  placed into the General Revenue Fund or the appropriate trust

12  fund.

13         (6)(5)  State executive branch agencies and officers

14  shall report to each substantive and fiscal committee of the

15  Legislature having jurisdiction over the reporting agency on

16  all potential settlements that may commit the state to:

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

18         (b)  Make policy changes inconsistent with current

19  state law.

20  

21  The state executive branch agency or officer shall provide

22  periodic updates to the appropriate legislative committees on

23  these issues during the settlement process.

24         Section 5.  Subsection (1) of section 110.1239, Florida

25  Statutes, is amended to read:

26         110.1239  State group health insurance program

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

28  group health insurance program be managed, administered,

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

30  protection of state employee health insurance benefits.

31  Inherent in this intent is the recognition that the health


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  insurance liabilities attributable to the benefits offered

 2  state employees should be fairly, orderly, and equitably

 3  funded. Accordingly:

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

 5  necessary to fully fund the state group health insurance

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

 7  made after each Self-Insurance Estimating Conference as

 8  provided in s. 216.136(9)(11), but not later than December 1

 9  and April 1 of each fiscal year.

10         Section 6.  Paragraph (b) of subsection (1) of section

11  110.1245, Florida Statutes, is amended to read:

12         110.1245  Savings sharing program; bonus payments;

13  other awards.--

14         (1)

15         (b)  Each agency head shall recommend employees

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

17  which amount shall be directly related to the cost savings

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

19  approved by the Legislative Budget Budgeting Commission.

20         Section 7.  Section 215.32, Florida Statutes, is

21  amended to read:

22         215.32  State funds; segregation.--

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

24  deposited in the State Treasury unless specifically provided

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

26  by the Chief Financial Officer within the following funds,

27  which funds are hereby created and established:

28         (a)  General Revenue Fund.

29         (b)  Trust funds.

30         (c)  Working Capital Fund.

31         (c)(d)  Budget Stabilization Fund.


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

 2  as follows:

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

 4  moneys received by the state from every source whatsoever,

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

 6  shall be expended pursuant to General Revenue Fund

 7  appropriations acts, or transferred as provided in paragraph

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

 9  general revenue shall be considered the working capital

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

11  General Revenue Fund that are in excess of the amount needed

12  to meet General Revenue Fund appropriations for the current

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

14  increase in General Revenue Fund receipts for the upcoming

15  fiscal year over the current year General Revenue Fund

16  effective appropriations shall be appropriated for state-level

17  capital outlay, including infrastructure improvement and

18  general renovation, maintenance, and repairs.

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

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

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

22  or branch of state government receiving or collecting such

23  moneys shall be responsible for their proper expenditure as

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

25  branch of state government responsible for the administration

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

27  accounts within the trust fund at a level considered necessary

28  for proper accountability. Once an account is established

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

30  payment from that account only upon determining that there is

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


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

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

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

 4  operations:

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

 6  depository for funds to be used for program operations funded

 7  by program revenues, with the exception of administrative

 8  activities when the operations or operating trust fund is a

 9  proprietary fund.

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

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

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

13  for funds to be used for management activities that are

14  departmental in nature and funded by indirect cost earnings

15  and assessments against trust funds. Proprietary funds are

16  excluded from the requirement of using an administrative trust

17  fund.

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

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

20  agreement activities funded by restricted contractual revenue

21  from private and public nonfederal sources.

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

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

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

25  for funds to account for collections pending distribution to

26  lawful recipients.

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

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

29  restricted program revenues from federal sources.

30  

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

 2  accounting to use existing trust funds consistent with the

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

 4  trust funds listed in this subparagraph and cannot make such

 5  adjustment, the agency must recommend the creation of the

 6  necessary trust funds to the Legislature no later than the

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

 8  s. 215.3206.

 9         3.  All such moneys are hereby appropriated to be

10  expended in accordance with the law or trust agreement under

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

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

13  applicable laws relating to the deposit or expenditure of

14  moneys in the State Treasury.

15         4.a.  Notwithstanding any provision of law restricting

16  the use of trust funds to specific purposes, unappropriated

17  cash balances from selected trust funds may be authorized by

18  the Legislature for transfer to the Budget Stabilization Fund

19  and General Revenue Working Capital Fund in the General

20  Appropriations Act.

21         b.  This subparagraph does not apply to trust funds

22  required by federal programs or mandates; trust funds

23  established for bond covenants, indentures, or resolutions

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

25  to meet debt service or other financial requirements of any

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

27  Transportation Trust Fund; the trust fund containing the net

28  annual proceeds from the Florida Education Lotteries; the

29  Florida Retirement System Trust Fund; trust funds under the

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

31  where such trust funds are for auxiliary enterprises,


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

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

 3  clearing funds or accounts for the Chief Financial Officer or

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

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

 6  individuals, private organizations, or other governmental

 7  units; and other trust funds authorized by the State

 8  Constitution.

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

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

11  for the General Revenue Fund during the last completed fiscal

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

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

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

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

16  fiscal year" means the most recently completed fiscal year

17  prior to the regular legislative session at which the

18  Legislature considers the General Appropriations Act for the

19  year in which the transfer to the Budget Stabilization Fund

20  must be made under this paragraph.

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

22  authorize the Chief Financial Officer to transfer, and the

23  Chief Financial Officer shall transfer pursuant to

24  appropriations made by law, to the Budget Stabilization Fund

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

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

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

28  transfer may be appropriated by the Legislature from any

29  funds.

30         3.  Unless otherwise provided in this subparagraph, an

31  expenditure from the Budget Stabilization Fund must be


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 1  restored pursuant to a restoration schedule that provides for

 2  making five equal annual transfers from the General Revenue

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

 4  which the expenditure was made. For any Budget Stabilization

 5  Fund expenditure, the Legislature may establish by law a

 6  different restoration schedule and such change may be made at

 7  any time during the restoration period. Moneys are hereby

 8  appropriated for transfers pursuant to this subparagraph.

 9         4.  The Budget Stabilization Fund and the Working

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

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

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

13         5.  The Chief Financial Officer and the Department of

14  Management Services shall transfer funds to water management

15  districts to pay eligible water management district employees

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

17  remain available for the program described under s. 110.152

18  100.152.

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

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

21  needed to meet General Revenue Fund appropriations for the

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

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

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

25  transferred between the Working Capital Fund and the General

26  Revenue Fund to establish the balance of the Working Capital

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

28  this paragraph.

29         Section 8.  Paragraphs (a) and (f) of subsection (5) of

30  section 215.5601, Florida Statutes, are amended to read:

31         215.5601  Lawton Chiles Endowment Fund.--


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

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

 3  legislative appropriation shall be transferred by the board to

 4  the Department of Financial Services Tobacco Settlement

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

 6  accordance with the legislative appropriation.

 7         1.  Appropriations by the Legislature to the Department

 8  of Health from endowment earnings from the principal set aside

 9  for biomedical research shall be from a category called the

10  James and Esther King Biomedical Research Program and shall be

11  deposited into the Biomedical Research Trust Fund in the

12  Department of Health established in s. 20.435.

13         2.  Appropriations by the Legislature to the Department

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

15  the Department of Elderly Affairs from endowment earnings for

16  health and human services programs shall be from a category

17  called the Lawton Chiles Endowment Fund Programs and shall be

18  deposited into each department's respective Tobacco Settlement

19  Trust Fund as appropriated.

20         (f)  When advised by the Revenue Estimating Conference

21  that a deficit will occur with respect to the appropriations

22  from the tobacco settlement trust funds of the state agencies

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

24  action to eliminate the deficit. Before implementing the plan

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

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

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

28  absent any specific directions to the contrary in the General

29  Appropriations Act, any reductions in appropriations from the

30  tobacco settlement trust funds of the state agencies for a

31  fiscal year shall be prorated among the specific


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 1  appropriations made from all tobacco settlement trust funds of

 2  the state agencies for that year.

 3         Section 9.  Subsection (3) of section 215.93, Florida

 4  Statutes, is amended to read:

 5         215.93  Florida Financial Management Information

 6  System.--

 7         (3)  The Florida Financial Management Information

 8  System shall include financial management data and utilize the

 9  chart of accounts approved by the Chief Financial Officer.

10  Common financial management data shall include, but not be

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

12  more of the functional owner subsystems. The Florida Financial

13  Management Information System shall utilize common financial

14  management data codes. The council shall recommend and the

15  board shall adopt policies regarding the approval and

16  publication of the financial management data. The Chief

17  Financial Officer shall adopt policies regarding the approval

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

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

20  common financial management data codes established by the

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

22  Florida Financial Management Information System which provide

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

24  the Florida Financial Management Information System and the

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

26  cannot be supplied by the Florida Financial Management

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

28  accounts and that are required for use by the information

29  subsystems shall be approved by the board upon recommendation

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

31  


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 1  be required for those data codes specified by the Auditor

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

 3         Section 10.  Subsection (6) of section 215.94, Florida

 4  Statutes, is amended to read:

 5         215.94  Designation, duties, and responsibilities of

 6  functional owners.--

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

 8  the respective functional owner of each information subsystem

 9  shall be responsible for ensuring The Auditor General shall be

10  advised by the functional owner of each information subsystem

11  as to the date that the development or significant

12  modification of its functional system specifications is to

13  begin.

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

15  participate with each functional owner to the extent necessary

16  to provide assurance that:

17         1.  The accounting information produced by the

18  information subsystem adheres to generally accepted accounting

19  principles.

20         2.  The information subsystem contains the necessary

21  controls to maintain its integrity, within acceptable limits

22  and at an acceptable cost.

23         3.  The information subsystem is auditable.

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

25  functional owner of each information subsystem as to the date

26  that the development or significant modification of its

27  functional system specifications is to begin. The Auditor

28  General shall provide technical advice, as allowed by

29  professional auditing standards, on specific issues relating

30  to the design, implementation, and operation of each

31  information subsystem specify those additional features,


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 1  characteristics, controls, and internal control measures

 2  deemed necessary to carry out the provisions of this

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

 4  functional owner to ensure installation and incorporation of

 5  such specified features, characteristics, controls, and

 6  internal control measures within each information subsystem.

 7         Section 11.  Section 215.97, Florida Statutes, is

 8  amended to read:

 9         215.97  Florida Single Audit Act.--

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

11         (a)  Establish uniform state audit requirements for

12  state financial assistance provided by state agencies to

13  nonstate entities to carry out state projects.

14         (b)  Promote sound financial management, including

15  effective internal controls, with respect to state financial

16  assistance administered by nonstate entities.

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

18  the extent possible on already required audits of federal

19  financial assistance provided to nonstate entities.

20         (d)  Provide for identification of state financial

21  assistance transactions in the appropriations act, state

22  accounting records, and recipient organization records.

23         (e)  Promote improved coordination and cooperation

24  within and between affected state agencies providing state

25  financial assistance and nonstate entities receiving state

26  assistance.

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

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

29  financial assistance provided to nonstate entities.

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

31  


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

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

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

 4  conducted in accordance with this section. Each nonstate

 5  entity that expends a total amount of state financial

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

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

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

 9  fiscal year in accordance with the requirements of this

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

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

12  Financial Services Chief Financial Officer, and all state

13  awarding agencies that provide state financial assistance to

14  nonstate entities, shall review the threshold amount for

15  requiring audits under this section and may adjust such

16  threshold dollar amount consistent with the purposes purpose

17  of this section.

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

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

20  for-profit organizations, nonprofit organizations, or local

21  governmental entities.

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

23  comprehensive listing of state projects. The Catalog of State

24  Financial Assistance shall be issued by the Department of

25  Financial Services Executive Office of the Governor after

26  conferring with the Executive Office of the Governor Chief

27  Financial Officer and all state awarding agencies that provide

28  state financial assistance to nonstate entities. The Catalog

29  of State Financial Assistance shall include for each listed

30  state project: the responsible state awarding agency; standard

31  state project number identifier; official title; legal


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 1  authorization; and description of the state project, including

 2  objectives, restrictions, application and awarding procedures,

 3  and other relevant information determined necessary.

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

 5  agency that provides the predominant amount of state financial

 6  assistance expended by a recipient, as determined by the

 7  recipient's Schedule of Expenditures of State Financial

 8  Assistance. To provide continuity, the determination of the

 9  predominant amount of state financial assistance shall be

10  based upon state financial assistance expended in the

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

12  every third year thereafter.

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

14  nonstate entities' financial statements, Schedule of

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

16  management letter, auditee's written responses or corrective

17  action plan, correspondence on followup of prior years'

18  corrective actions taken, and such other information

19  determined by the Auditor General to be necessary and

20  consistent with the purposes of this section.

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

22  assistance from federal sources passed through the state and

23  provided to nonstate organizations entities to carry out a

24  federal program. "Federal financial assistance" includes all

25  types of federal assistance as defined in applicable United

26  States Office of Management and Budget circulars.

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

28  organization or sole proprietor that but is not a local

29  governmental entity or a nonprofit organization.

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

31  external state or local government auditor or a certified


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 1  public accountant licensed under chapter 473 who meets the

 2  independence standards.

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

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

 5  other personnel, designed to provide reasonable assurance

 6  regarding the achievement of objectives in the following

 7  categories:

 8         1.  Effectiveness and efficiency of operations.

 9         2.  Reliability of financial operations.

10         3.  Compliance with applicable laws and regulations.

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

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

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

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

15  styled, which independently exercises any type of governmental

16  function within the state.

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

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

19  of Financial Services Executive Office of the Governor. Such

20  criteria shall be established after consultation with all the

21  Chief Financial Officer and appropriate state awarding

22  agencies that provide state financial assistance and shall

23  consider the amount of state project expenditures and or

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

25  audited in accordance with the requirements of this section.

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

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

28         1.  Is operated primarily for scientific, educational

29  service, charitable, or similar purpose in the public

30  interest.;

31         2.  Is not organized primarily for profit.;


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

 2  the operations of the organization.; and

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

 4  to its members, directors, or officers.

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

 6  entity, nonprofit organization, or for-profit organization

 7  that receives state financial assistance resources.

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

 9  receives state financial assistance directly from a state

10  awarding agency.

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

12  Assistance" means a document prepared in accordance with the

13  rules of the Department of Financial Services Chief Financial

14  Officer and included in each financial reporting package

15  required by this section.

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

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

18  responsible for the operations and outcomes of a state

19  project, regardless of the state agency that actually provides

20  provided state financial assistance to a the nonstate entity.

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

22  assistance from state resources, not including federal

23  financial assistance and state matching  on federal programs,

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

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

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

27  Department of Financial Services Executive Office of the

28  Governor established in consultation with all the Chief

29  Financial Officer and appropriate state awarding agencies that

30  provide state financial assistance. It includes State

31  financial assistance may be provided directly by state


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 1  awarding agencies or indirectly by nonstate entities

 2  recipients of state awards or subrecipients. "State financial

 3  assistance" It does not include procurement contracts used to

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

 5  procurement contracts with vendors are outside of the scope of

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

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

 8  excluded from the audit requirements of this section.

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

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

11  financial participation matching requirements of federal

12  programs.

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

14  activities undertaken to realize identifiable goals and

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

16  legislative intent requiring accountability for state

17  resources.

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

19  provides all state financial assistance to a nonstate

20  organization and that must be entity assigned a single state

21  project number identifier in the Catalog of State Financial

22  Assistance.

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

24  document issued by the Department of Financial Services

25  Executive Office of the Governor, in consultation with the

26  Chief Financial Officer and all state awarding agencies that

27  provide state financial assistance. The State Projects

28  Compliance Supplement shall identify state projects, the

29  significant compliance requirements, eligibility requirements,

30  matching requirements, suggested audit procedures, and other

31  relevant information determined necessary.


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

 2  of one state project performed in accordance with the

 3  requirements of subsection (10)(9).

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

 5  nonstate entity's financial statements and state financial

 6  assistance. Such audits shall be conducted in accordance with

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

 8  General.

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

10  receives state financial assistance through another nonstate

11  entity.

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

13  or other seller providing goods or services that are required

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

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

16  beneficiaries of the state project.

17         (3)  The Executive Office of the Governor is

18  responsible for notifying the Department of Financial Services

19  of any actions during the budgetary process that impact the

20  Catalog of State Financial Assistance. shall:

21         (a)  Upon conferring with the Chief Financial Officer

22  and all state awarding agencies, adopt rules necessary to

23  provide appropriate guidance to state awarding agencies,

24  recipients and subrecipients, and independent auditors of

25  state financial assistance relating to the requirements of

26  this section, including:

27         1.  The types or classes of financial assistance

28  considered to be state financial assistance which would be

29  subject to the requirements of this section. This would

30  include guidance to assist in identifying when the state

31  


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 1  agency or recipient has contracted with a vendor rather than

 2  with a recipient or subrecipient.

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

 4         3.  The criteria for selecting state projects for

 5  audits based on inherent risk.

 6         (b)  Be responsible for coordinating the initial

 7  preparation and subsequent revisions of the Catalog of State

 8  Financial Assistance after consultation with the Chief

 9  Financial Officer and all state awarding agencies.

10         (c)  Be responsible for coordinating the initial

11  preparation and subsequent revisions of the State Projects

12  Compliance Supplement, after consultation with the Chief

13  Financial Officer and all state awarding agencies.

14         (4)  The Department of Financial Services Chief

15  Financial Officer shall:

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

17  Governor and all state awarding agencies, adopt rules

18  necessary to provide appropriate guidance to state awarding

19  agencies, nonstate entities, and independent auditors of state

20  financial assistance relating to the requirements of this

21  section, including:

22         1.  The types or classes of state resources considered

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

24  requirements of this section. This would include guidance to

25  assist in identifying when the state awarding agency or a

26  nonstate entity has contracted with a vendor rather than with

27  a recipient or subrecipient.

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

29         3.  The criteria for selecting state projects for

30  audits based on inherent risk.

31  


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 1         (b)  Be responsible for coordinating revisions to the

 2  Catalog of State Financial Assistance after consultation with

 3  the Executive Office of the Governor and all state awarding

 4  agencies.

 5         (c)  Be responsible for coordinating with the Executive

 6  Office of the Governor actions affecting the budgetary process

 7  under paragraph (b).

 8         (d)  Be responsible for coordinating revisions to the

 9  State Projects Compliance Supplement, after consultation with

10  the Executive Office of the Governor and all state awarding

11  agencies.

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

13  system to provide for the:

14         1.  Recording of state financial assistance and federal

15  financial assistance appropriations and expenditures within

16  the state awarding agencies' operating funds.

17         2.  Recording of state project number identifiers, as

18  provided in the Catalog of State Financial Assistance, for

19  state financial assistance.

20         3.  Establishment and recording of an identification

21  code for each financial transaction, including awarding state

22  agencies' disbursements of state financial assistance and

23  federal financial assistance, as to the corresponding type or

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

25  governmental agencies, nonprofit organizations, and for-profit

26  organizations), and disbursements of federal financial

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

28  is not a nonstate entity recipient or subrecipient.

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

30  the Governor and all state awarding agencies, adopt rules

31  necessary to provide appropriate guidance to state awarding


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 1  agencies, nonstate entities recipients and subrecipients, and

 2  independent auditors of state financial assistance relating to

 3  the format for the Schedule of Expenditures of State Financial

 4  Assistance.

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

 6  investigations, or audits of state financial assistance

 7  considered necessary in carrying out the Department of

 8  Financial Services' Chief Financial Officer's legal

 9  responsibilities for state financial assistance or to comply

10  with the requirements of this section.

11         (5)  Each state awarding agency shall:

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

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

14  including:

15         1.  The audit and accountability requirements for state

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

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

18  Financial Services Chief Financial Officer, and rules of the

19  Auditor General.

20         2.  Information from the Catalog of State Financial

21  Assistance, including the standard state project number

22  identifier; official title; legal authorization; and

23  description of the state project including objectives,

24  restrictions, and other relevant information determined

25  necessary.

26         3.  Information from the State Projects Compliance

27  Supplement, including the significant compliance requirements,

28  eligibility requirements, matching requirements, suggested

29  audit procedures, and other relevant information determined

30  necessary.

31  


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

 2  state financial assistance, to allow the state awarding

 3  agency, the Department of Financial Services Chief Financial

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

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

 6  papers as necessary for complying with the requirements of

 7  this section.

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

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

10  arrange for the conduct of additional audits or evaluations of

11  state financial assistance or limit the authority of any state

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

13  other state official.

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

15  package prepared in accordance with the requirement of this

16  section.

17         (e)  Review the recipient's recipient financial

18  reporting package, including the management letters and

19  corrective action plans, to the extent necessary to determine

20  whether timely and appropriate corrective action has been

21  taken with respect to audit findings and recommendations

22  pertaining to state financial assistance that are specific to

23  provided by the state awarding agency.

24         (f)  Designate within the state awarding agency an

25  organizational unit that will be responsible for reviewing

26  financial reporting packages pursuant to paragraph (e).

27  

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

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

30  designated organizational unit shall communicate to the

31  coordinating agency the state awarding agency's approval of


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 1  the recipient's corrective action plan with respect to

 2  findings and recommendations that are not specific to the

 3  state awarding agency.

 4         (6)  Each coordinating agency shall:

 5         (a)  Review the recipient's financial reporting

 6  package, including the management letter and corrective action

 7  plan, to identify audit findings and recommendations that

 8  affect state financial assistance that are not specific to a

 9  particular state awarding agency.

10         (b)  For any findings and recommendations identified

11  pursuant to paragraph (a):

12         1.  Determine whether timely and appropriate corrective

13  action has been taken.

14         2.  Promptly inform the state awarding agency, as

15  provided in paragraph (5)(f), of actions taken by the

16  recipient to comply with the approved corrective action plan.

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

18  use of any succeeding coordinating agency.

19         (7)(6)  As a condition of receiving state financial

20  assistance, each nonstate entity recipient that provides state

21  financial assistance to a subrecipient shall:

22         (a)  Provide to each a subrecipient information needed

23  by the subrecipient to comply with the requirements of this

24  section, including:

25         1.  Identification of the state awarding agency.

26         2.  The audit and accountability requirements for state

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

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

29  Financial Services Chief Financial Officer, and rules of the

30  Auditor General.

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         3.  Information from the Catalog of State Financial

 2  Assistance, including the standard state project number

 3  identifier; official title; legal authorization; and

 4  description of the state project, including objectives,

 5  restrictions, and other relevant information.

 6         4.  Information from the State Projects Compliance

 7  Supplement including the significant compliance requirements,

 8  eligibility requirements, matching requirements, and suggested

 9  audit procedures, and other relevant information determined

10  necessary.

11         (b)  Review the financial reporting package of the

12  subrecipient audit reports, including the management letter

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

14  determine whether timely and appropriate corrective action has

15  been taken with respect to audit findings and recommendations

16  pertaining to state financial assistance provided by a the

17  state awarding agency or nonstate entity .

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

19  terms and conditions of the written agreement with the state

20  awarding agency or nonstate entity, including any required

21  monitoring of the subrecipient's use of state financial

22  assistance through onsite visits, limited scope audits, or

23  other specified procedures.

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

25  state financial assistance, to permit the independent auditor

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

27  the Department of Financial Services Chief Financial Officer,

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

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

30  necessary to comply with the requirements of this section.

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         (8)(7)  Each recipient or subrecipient of state

 2  financial assistance shall comply with the following:

 3         (a)  Each nonstate entity that receives state financial

 4  assistance and meets the audit threshold requirements, in any

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

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

 7  for such fiscal year in accordance with the requirements of

 8  this act and with additional requirements established in rules

 9  of the Executive Office of the Governor, rules of the

10  Department of Financial Services Chief Financial Officer, and

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

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

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

14  of the state project for that fiscal year.

15         (b)  Each nonstate entity that receives state financial

16  assistance and does not meet the audit threshold requirements,

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

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

19  fiscal year from the state single audit requirements of this

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

21  conditions specified in the written agreement with the state

22  awarding agency or nonstate entity.

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

24  required activities related to the administration of a state

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

26  assistance, none of the requirements of this section apply to

27  the conduit nonstate entity. However, the nonstate entity that

28  is provided state financial assistance by the conduit nonstate

29  entity is subject to the requirements of this section.

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

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


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  a nonstate entity from compliance with provisions of law

 2  relating to maintaining records concerning state financial

 3  assistance to such nonstate entity or allowing access and

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

 5  nonstate entity, the Department of Financial Services Chief

 6  Financial Officer, or the Auditor General.

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

 8  be performed annually.

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

10  be conducted by independent auditors in accordance with

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

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

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

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

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

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

17  package shall be filed with the nonstate entity recipient that

18  provided the state financial assistance and the Auditor

19  General. The financial reporting package shall be filed in

20  accordance with the rules of the Auditor General.

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

22  pursuant to the requirements of this section shall be

23  available for public inspection.

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

25  discloses any significant audit findings relating to state

26  financial assistance, including material noncompliance with

27  individual state project compliance requirements or reportable

28  conditions in internal controls of the nonstate entity, the

29  nonstate entity shall submit as part of the financial

30  reporting audit package to the state awarding agency or

31  nonstate entity a plan for corrective action to eliminate such


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  audit findings or a statement describing the reasons that

 2  corrective action is not necessary.

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

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

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

 6  regulations. To the extent that such federally required audits

 7  provide the state awarding agency or nonstate entity with

 8  information it requires to carry out its responsibilities

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

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

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

12  audits pursuant to this section are is allowable charges to

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

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

15  the audit requirements of this section in relation to other

16  audit requirements. The nonstate entity should allocate such

17  incremental costs to all state projects for which it expended

18  state financial assistance.

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

20  projects when audits required by this section have not been

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

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

23  consistent with this section, a state awarding agency or

24  nonstate entity agencies may take appropriate corrective

25  action to enforce compliance.

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

27  awarding agency or nonstate entity from including terms and

28  conditions in the written agreement which require additional

29  assurances that state financial assistance meets the

30  applicable requirements of laws, regulations, and other

31  compliance rules.


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         (n)(m)  A state awarding agency  or nonstate entity

 2  that provides state financial assistance to nonstate entities

 3  and conducts or arranges for audits of state financial

 4  assistance that are in addition to the audits conducted under

 5  this act, including audits of nonstate entities that do not

 6  meet the audit threshold requirements, shall, consistent with

 7  other applicable law, arrange for funding the full cost of

 8  such additional audits.

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

10  single audit of a nonstate entity recipients or subrecipients

11  shall:

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

13  statements are presented fairly in all material respects in

14  conformity with generally accepted accounting principles.

15         (b)  Determine whether state financial assistance shown

16  on the Schedule of Expenditures of State Financial Assistance

17  is presented fairly in all material respects in relation to

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

19         (c)  With respect to internal controls pertaining to

20  each major state project:

21         1.  Obtain an understanding of internal controls.;

22         2.  Assess control risk.;

23         3.  Perform tests of controls unless the controls are

24  deemed to be ineffective.; and

25         4.  Determine whether the nonstate entity has internal

26  controls in place to provide reasonable assurance of

27  compliance with the provisions of laws and rules pertaining to

28  state financial assistance that have a material effect on each

29  major state project.

30         (d)  Determine whether each major state project

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


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  identified in the State Projects Compliance Supplement, or

 2  otherwise identified by the state awarding agency, which have

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

 4  state projects are less than 50 percent of the nonstate

 5  entity's total expenditures for all state financial

 6  assistance, the auditor shall select and test additional state

 7  projects as major state projects as necessary to achieve audit

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

 9  state financial assistance provided to the nonstate entity.

10  Additional state projects needed to meet the 50-percent

11  requirement may be selected on an inherent risk basis as

12  stated in the rules of the Department of Financial Services

13  Executive Office of the Governor.

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

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

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

17  Financial Services Chief Financial Officer, and rules of the

18  Auditor General. Financial reporting packages shall Audit

19  reports shall include summaries of the auditor's results

20  regarding the nonstate entity's financial statements; Schedule

21  of Expenditures of State Financial Assistance; internal

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

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

24  rules of the Auditor General.

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

26  available the working papers relating to the audit conducted

27  pursuant to the requirements of this section to the state

28  awarding agency, the Department of Financial Services Chief

29  Financial Officer, or the Auditor General for review or

30  copying.

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         (10)(9)  The independent auditor, when conducting a

 2  state project-specific audit of a nonstate entity recipients

 3  or subrecipients, shall:

 4         (a)  Determine whether the nonstate entity's schedule

 5  of Expenditure of State Financial Assistance is presented

 6  fairly in all material respects in conformity with stated

 7  accounting policies.

 8         (b)  Obtain an understanding of internal controls

 9  control and perform tests of internal controls control over

10  the state project consistent with the requirements of a major

11  state project.

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

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

14  identified in the State Projects Compliance Supplement, or

15  otherwise identified by the state awarding agency, which could

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

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

18  project-specific audit consistent with the requirements of the

19  state single audit and issue a management letter as prescribed

20  in the rules of the Auditor General.

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

22  available the working papers relating to the audit conducted

23  pursuant to the requirements of this section to the state

24  awarding agency, the Department of Financial Services Chief

25  Financial Officer, or the Auditor General for review or

26  copying.

27         (11)(10)  The Auditor General shall:

28         (a)  Have the authority to audit state financial

29  assistance provided to any nonstate entity when determined

30  necessary by the Auditor General or when directed by the

31  Legislative Auditing Committee.


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

 2  independent auditors are to follow for audits of nonstate

 3  entities required by this section.

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

 5  filing deadlines for the financial reporting package.

 6         (d)  Provide technical advice upon request of the

 7  Department of Financial Services Chief Financial Officer,

 8  Executive Office of the Governor, and state awarding agencies

 9  relating to financial reporting and audit responsibilities

10  contained in this section.

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

12  package prepared in accordance with the requirements of this

13  section.

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

15  reporting packages filed pursuant to the requirements of this

16  section to determine compliance with the reporting

17  requirements of this section and applicable rules of the

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

19  Financial Services Chief Financial Officer, and rules of the

20  Auditor General.

21         Section 12.  Paragraphs (a), (b), (gg), (hh), and (jj)

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

23  amended, paragraphs (rr) and (ss) are added to said

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

25  said section, to read:

26         216.011  Definitions.--

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

28  appropriations acts, legislative budgets, and approved

29  budgets, each of the following terms has the meaning

30  indicated:

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



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

 2  compensation authorized to be paid a position on an annualized

 3  basis. The term does not include moneys authorized for

 4  benefits associated with the position. In calculating salary

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

 6  the pay grade for that position.

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

 8  make expenditures for specific purposes within the amounts

 9  authorized by law in the appropriations act.

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

11  appropriation by the Governor or the Legislative Budget

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

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

14  reserve either directly or indirectly. "Performance-based

15  program appropriation" means the appropriation category used

16  to fund a specific set of activities or classification of

17  expenditure within an approved performance-based program.

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

19  authorized by the Legislature, of an appropriation, or portion

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

21  conditions set by the Legislature are met by the affected

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

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

24  time of, passage of the General Appropriations Act.

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

26  incorporates approved programs and performance measures.

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

28  undertaken in accordance with a plan of action organized to

29  realize identifiable goals and objectives based on legislative

30  authorization.

31  


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         (rr)  "Activity" means a unit of work that has

 2  identifiable starting and ending points, consumes resources,

 3  and produces outputs.

 4         (ss)  "Qualified expenditure category" means the

 5  appropriations category used to fund specific activities and

 6  projects which must be transferred to one or more

 7  appropriation categories for expenditure upon recommendation

 8  by the Governor or Chief Justice, as appropriate, and subject

 9  to approval by the Legislative Budget Commission.

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

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

12  primarily acting as an instrumentality of the state, any

13  regulatory or governing body, or any other governmental or

14  quasi-governmental organization that receives, disburses,

15  expends, administers, awards, recommends expenditure of,

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

17  appropriated by the Legislature and:

18         1.  Is created, organized, or specifically authorized

19  to be created or established by general law; or

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

21  other unit of state government in providing programs or

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

23  population.

24         Section 13.  Effective July 1, 2006, paragraph (n) of

25  subsection (1) of section 216.011, Florida Statutes, is

26  amended to read:

27         216.011  Definitions.--

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

29  appropriations acts, legislative budgets, and approved

30  budgets, each of the following terms has the meaning

31  indicated:


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    ENROLLED

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

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

 3  agency or the judicial branch, including such items as

 4  contractual services, commodities, and supplies of a

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

 6  excluding expenditures classified as operating capital outlay.

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

 8  may be included in this category.

 9         Section 14.  Section 216.013, Florida Statutes, is

10  amended to read:

11         216.013  Long-range program plan.--

12         (1)  State agencies and the judicial branch shall

13  develop long-range program plans to achieve state goals using

14  an interagency planning process that includes the development

15  of integrated agency program service outcomes. The plans shall

16  be policy based, priority driven, accountable, and developed

17  through careful examination and justification of all agency

18  and judicial branch programs. The plan shall cover a period of

19  5 fiscal years and shall become effective July 1 each year.

20         (1)  Long-range program plans shall provide the

21  framework for the development of agency budget requests and

22  shall identify or update:

23         (a)  The mission of the agency or judicial branch.

24         (b)  The goals established to accomplish the mission.

25         (c)  The objectives developed to achieve state goals.

26         (d)  The trends and conditions relevant to the mission,

27  goals, and objectives.

28         (e)(a)  Identify agency programs and address how agency

29  The agency or judicial branch programs that will be used to

30  implement state policy and achieve state goals and program

31  component objectives.;


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    ENROLLED

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 1         (f)  The program outcomes and standards to measure

 2  progress toward program objectives.

 3         (b)  Identify and describe agency functions and how

 4  they will be used to achieve designated outcomes;

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

 6  costs for each function;

 7         (g)(d)  Provide Information regarding performance

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

 9  is collected, the methodology used to measure a performance

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

11  appropriateness of a measure, and whether, in the case of

12  agencies, the agency inspector general has assessed the

13  reliability and validity of agency performance measures,

14  pursuant to s. 20.055(2).;

15         (e)  Identify and justify facility and fixed capital

16  outlay projects and their associated costs; and

17         (f)  Identify and justify information technology

18  infrastructure and applications and their associated costs for

19  information technology projects or initiatives.

20         (2)  All agency functions and their costs shall be

21  carefully evaluated and justified by the agency. The

22  justification must clearly demonstrate the needs of agency

23  customers and clients and why the agency is proposing

24  functions and their associated costs to address the needs

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

26  authorization. Further, the justification must show how agency

27  functions are integrated and contribute to the overall

28  achievement of state goals. Facilities, fixed capital outlay

29  and information technology infrastructure, and applications

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

31  216.0446, respectively.


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1         (2)  Each long-range program plan shall cover a period

 2  of 5 fiscal years, be revised annually, and remain in effect

 3  until replaced or revised.

 4         (3)  Long-range program plans or revisions shall be

 5  presented by state agencies and the judicial branch in a form,

 6  manner, and timeframe prescribed in written instructions

 7  prepared by submitted to the Executive Office of the Governor

 8  in consultation with by August 1 of each year in a form and

 9  manner prescribed by the Executive Office of the Governor and

10  the chairs of the legislative appropriations committees. Such

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

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

13  President of the Senate and the Speaker of the House of

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

15  Office of the Governor.

16         (4)  The Executive Office of the Governor shall review

17  the long-range program plans for executive agencies to ensure

18  that they are consistent with the state's goals and objectives

19  and other requirements as specified in the written

20  instructions and that they provide the framework and context

21  for the agency's budget request.

22         (5)  Executive agencies shall incorporate all revisions

23  required by the Governor within 14 working days.

24         (6)  Any differences between executive agencies

25  regarding the programs, policies, or long-range program plans

26  of such agencies shall be mediated by the Executive Office of

27  the Governor.

28         (4)(7)  Each state executive agency and the judicial

29  branch shall post their long-range program plan on their

30  Internet website transmit copies of its long-range program

31  plan and all written comments on its plan to the President of


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  the Senate and the Speaker of the House of Representatives not

 2  later than September 30th of each year, and provide written

 3  notice to the Governor and the Legislature that the plans have

 4  been posted 60 days prior to the next regular session of the

 5  Legislature.

 6         (8)  Long-range program plans developed pursuant to

 7  this chapter are not rules and therefore are not subject to

 8  the provisions of chapter 120.

 9         (5)(9)  Following the adoption of the annual General

10  Appropriations Act, the state agencies and the judicial branch

11  shall make appropriate adjustments to their long-range program

12  plans to be consistent with the appropriations and performance

13  measures in the General Appropriations Act and legislation

14  implementing the General Appropriations Act. Agencies and the

15  judicial branch have until June 30 15 to make adjustments to

16  their plans as posted on their Internet websites and submit

17  the adjusted plans to the Executive Office of the Governor for

18  review.

19         (6)  Long-range program plans developed pursuant to

20  this chapter are not rules and therefore are not subject to

21  the provisions of chapter 120.

22         Section 15.  Section 216.023, Florida Statutes, is

23  amended to read:

24         216.023  Legislative budget requests to be furnished to

25  Legislature by agencies.--

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

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

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

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

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

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


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    ENROLLED

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

 2  may not shall submit its complete legislative budget request,

 3  including all supporting forms and schedules required by this

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

 5  an alternative date is agreed to be in the best interest of

 6  the state by the Governor and the chairs of the legislative

 7  appropriations committees.

 8         (2)  The judicial branch and the Division of

 9  Administrative Hearings shall submit their complete

10  legislative budget requests directly to the Legislature with a

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

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

13  However, the complete legislative budget requests, including

14  all supporting forms and schedules required by this chapter,

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

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

17  interest of the state by the Governor and the chairs of the

18  legislative appropriations committees.

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

20  appropriations committees of the Legislature shall jointly

21  develop legislative budget instructions for preparing the

22  exhibits and schedules that make up the agency budget from

23  which each agency and the judicial branch shall prepare their

24  budget request. The budget instructions shall be consistent

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

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

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

28  interest of the state by the Governor and the chairs of the

29  legislative appropriations committees. In the event that

30  agreement cannot be reached between the Executive Office of

31  the Governor and the appropriations committees of the


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    ENROLLED

    2005 Legislature                 CS for SB 2610, 2nd Engrossed



 1  Legislature regarding legislative budget instructions, the

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

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

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

 5  each program:

 6         1.  The constitutional or statutory authority for a

 7  program, a brief purpose statement, and approved program

 8  components.

 9         2.  Information on expenditures for 3 fiscal years

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

11  expenditures, and agency budget requested expenditures for the

12  next fiscal year) by appropriation category.

13         3.  Details on trust funds and fees.

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

15  and requested).

16         5.  An issue narrative describing and justifying

17  changes in amounts and positions requested for current and

18  proposed programs for the next fiscal year.

19         6.  Information resource requests.

20         7.  Legislatively approved output and outcome

21  performance measures and any proposed revisions to measures.

22         8.  Proposed performance standards for each performance

23  measure and justification for the standards and the sources of

24  data to be used for measurement.

25         9.  Prior-year performance data on approved performance

26  measures and an explanation of deviation from expected

27  performance. Performance data must be assessed for reliability

28  in accordance with s. 20.055.

29         10.  Proposed performance incentives and disincentives.

30         11.  Supporting information, including applicable

31  cost-benefit analyses, business case analyses, performance


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 1  contracting procedures, service comparisons, and impacts on

 2  performance standards for any request to outsource or

 3  privatize agency functions.

 4         12.  An evaluation of any major outsourcing and

 5  privatization initiatives undertaken during the last 5 fiscal

 6  years having aggregate expenditures exceeding $10 million

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

 8  an assessment of contractor performance, a comparison of

 9  anticipated service levels to actual service levels, and a

10  comparison of estimated savings to actual savings achieved.

11  Consolidated reports issued by the Department of Management

12  Services may be used to satisfy this requirement.

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

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

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

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

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

18  for the preceding year in accordance with the legislative

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

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

21  branch.

22         2.  Total funds from the General Appropriations Act.

23         3.  Adjustments to the General Appropriations Act.

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

25         5.  The number of activity units performed or

26  accomplished.

27         6.  Total expenditures for each activity, including

28  amounts paid to contractors and subordinate entities.

29  Expenditures related to administrative activities not aligned

30  with output measures must consistently be allocated to

31  activities with output measures prior to computing unit costs.


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

 2  costs allocated to contractors and subordinate entities.

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

 4  expenditures omitted from unit-cost calculations.

 5  

 6  At the regular session immediately following the submission of

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

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

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

10  the fiscal year preceding the current fiscal year, the funding

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

12  under this paragraph.

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

14  instructions and in sufficient time to be included in the

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

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

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

18  consultation with the Office of Program Policy Analysis and

19  Government Accountability, submit to the President of the

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

21  of proposed programs and associated performance measures. The

22  judicial branch shall provide documentation to accompany the

23  list of proposed programs and performance measures as provided

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

25  performance-based program agency budget request using the

26  programs and performance measures adopted by the Legislature.

27  The Chief Justice may propose revisions to approved programs

28  or performance measures for the judicial branch. The

29  Legislature shall have final approval of all programs and

30  associated performance measures and standards for the judicial

31  branch through the General Appropriations Act or legislation


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 1  implementing the General Appropriations Act. By September 15,

 2  2001, the Chief Justice of the Supreme Court shall submit to

 3  the President of the Senate and the Speaker of the House of

 4  Representatives a performance-based program budget request for

 5  programs of the judicial branch approved by the Legislature

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

 7         (5)(6)  Agencies must maintain a comprehensive

 8  performance accountability system and provide a list of

 9  performance measures maintained by the agency which are in

10  addition to the measures approved by the Legislature.

11         (6)(7)  Annually, by June 30, executive agencies shall

12  submit to the Executive Office of the Governor adjustments to

13  their performance standards based on the amounts appropriated

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

15  is made, all performance standards, including any adjustments

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

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

18  to the Legislature pursuant to the review and approval process

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

20  Representatives appropriations committees Senate Committee on

21  Fiscal Policy and the House of Representatives Fiscal

22  Responsibility Council shall advise Senate substantive

23  committees and House of Representatives substantive

24  committees, respectively, of all adjustments made to

25  performance standards or measures. The Executive Office of the

26  Governor shall maintain both the official record of

27  adjustments to the performance standards as part of the

28  agency's approved operating budget and the official

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

30  "official record" "performance ledger" means the official

31  compilation of information about state agency


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 1  performance-based programs and measures, including approved

 2  programs, approved outputs and outcomes, baseline data,

 3  approved standards for each performance measure and any

 4  approved adjustments thereto, as well as actual agency

 5  performance for each measure.

 6         (7)(8)  As a part of the legislative budget request,

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

 8  Supreme Court for the judicial branch shall include an

 9  inventory of all litigation in which the agency is involved

10  that may require additional appropriations to the agency, that

11  may significantly affect revenues received or anticipated to

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

13  the law under which the agency operates. No later than March 1

14  following the submission of the legislative budget request,

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

16  Supreme Court shall provide an update of any additions or

17  changes to the inventory. Such inventory shall include

18  information specified annually in the legislative budget

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

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

21  contain only information found in the pleadings.

22         (8)(9)  Annually, by June 30, the judicial branch shall

23  make adjustments to any performance standards for approved

24  programs based on the amount appropriated for each program,

25  which shall be submitted to the Legislature pursuant to the

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

27  and the House of Representatives appropriations committees

28  Senate Committee on Fiscal Policy and the House Fiscal

29  Responsibility Council shall advise Senate substantive

30  committees and House substantive committees, respectively, of

31  all adjustments made to performance standards or measures.


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 1         (9)(10)  The Executive Office of the Governor shall

 2  review the legislative budget request for technical compliance

 3  with the budget format provided for in the budget

 4  instructions. The Executive Office of the Governor shall

 5  notify the agency or the judicial branch of any adjustment

 6  required. The agency or judicial branch shall make the

 7  appropriate corrections as requested. If the appropriate

 8  technical corrections are not made as requested, the Executive

 9  Office of the Governor shall adjust the budget request to

10  incorporate the appropriate technical corrections in the

11  format of the request.

12         (10)(11)  At any time after the Governor submits his or

13  her and the Chief Justice submit their recommended budget

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

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

16  Governor and the Legislature an amended request in the form

17  and manner prescribed in the legislative budget instructions.

18         (11)(12)  The legislative budget request from each

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

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

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

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

23  Government Accountability, the Governor's Office of Planning

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

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

26         (12)(13)  In order to ensure an integrated state

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

28  should be reviewed by the Legislature.

29         Section 16.  Section 216.031, Florida Statutes, is

30  amended to read:

31  


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 1         216.031  Target budget request.--Either chair of a

 2  legislative appropriations committee, or the Executive Office

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

 4  the Chief Justice to address major issues separate from those

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

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

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

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

 9  requests as provided in the budget instructions. The Executive

10  Office of the Governor may request an agency, or the chair of

11  an the appropriations committee committees of the Senate or

12  the House of Representatives may request any agency or the

13  judicial branch, to submit no later than September 30 of each

14  year a budget plan with respect to targets established by the

15  Governor or either chair. The target budget shall require each

16  entity to establish an order of priorities for its budget

17  issues and may include requests for multiple options for the

18  budget issues. The target budget may also require each entity

19  to submit a program budget or a performance-based budget in

20  the format prescribed by the Executive Office of the Governor

21  or either chair; provided, however, The target budget format

22  shall be compatible with the planning and budgeting system

23  requirements set out in s. 216.141. Such a request shall not

24  influence the agencies' or judicial branch's independent

25  judgment in making legislative budget requests, as required by

26  law.

27         Section 17.  Section 216.052, Florida Statutes, is

28  amended to read:

29         216.052  Community budget requests; appropriations;

30  grants.--

31  


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 1         (1)  A local, county, or regional governmental entity,

 2  private organization, or nonprofit organization may submit a

 3  request for a state appropriation for a program, service, or

 4  capital outlay initiative that is local or regional in scope,

 5  is intended to meet a documented need, addresses a statewide

 6  interest, is intended to produce measurable results, and has

 7  tangible community support to members of the Legislature, a

 8  state agency, or the Governor.

 9         (2)  Each appropriation to a local government, a

10  private organization, or a nonprofit organization made

11  pursuant to a community budget request shall require that the

12  community's support be tangibly demonstrated by evidence that

13  the program or service will operate in a financially sound

14  manner. Any appropriation to a local government, a private

15  organization, or a nonprofit organization made pursuant to

16  this section should require local matching funds. The match

17  must be based on the size and scope of the project and the

18  applicant's ability to provide the match. In addition, the

19  granting of state funds shall be used to encourage the

20  establishment of community-based partnerships between the

21  public sector and the private sector.

22         (3)  Each community budget request submitted pursuant

23  to this section must receive a hearing before a body of duly

24  elected public officials before being submitted for

25  consideration.

26         (2)(4)  For requests submitted to members of the

27  Legislature, community budget requests shall be submitted in

28  the form and manner prescribed jointly by the President of the

29  Senate and the Speaker of the House of Representatives. If the

30  President of the Senate and the Speaker of the House of

31  Representatives do not agree on a form and manner of


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 1  submission to be used by both houses, each may prescribe a

 2  form and manner of submission to be used in his or her house.

 3         (3)(5)  Community budget requests shall be submitted to

 4  the chairs of the legislative appropriations committees in

 5  accordance with the schedule established jointly by the

 6  President of the Senate and the Speaker of the House of

 7  Representatives. If the President of the Senate and the

 8  Speaker of the House of Representatives do not agree on a

 9  schedule to be used by both houses, each may prescribe a

10  schedule to be used in his or her house.

11         (4)(6)  The Executive Office of the Governor shall

12  prescribe the form and manner of submission of requests to

13  state agencies and to the Governor.

14         (5)(7)  The retention of interest earned on state funds

15  or the amount of interest income earned shall be applied

16  against the state entity's obligation to pay the appropriated

17  amount.

18         (8)  Whenever possible, a loan must be made in lieu of

19  a grant to a local government, a private organization, or a

20  nonprofit organization. It is the intent of the Legislature

21  that a revolving loan program shall be established so that the

22  loan amount plus interest is paid back by the recipient to the

23  state.

24         (9)  Any private or nonprofit organization that is to

25  receive funds through a community budget request shall, at the

26  time of application for such funds, provide information

27  regarding its organization, including a copy of its current

28  budget, a list of its board of directors, and, if available, a

29  copy of its most recent annual audit report prepared by an

30  independent certified public accountant licensed in this

31  


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 1  state, including management letters or other documents

 2  associated with the audit report.

 3         Section 18.  Subsection (5) of section 216.053, Florida

 4  Statutes, is amended to read:

 5         216.053  Summary Information in the General

 6  Appropriations Act; construction of such information.--

 7         (5)  For programs operating under performance-based

 8  program budgets, the General Appropriations Act shall contain

 9  summary information that covers specific appropriations and

10  summarizes programs and performance.

11         Section 19.  Section 216.065, Florida Statutes, is

12  amended to read:

13         216.065  Fiscal impact statements on actions affecting

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

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

16  body, performing any constitutional or statutory duty, or

17  before any state agency or statutorily authorized entity takes

18  take any final action that will affect revenues, directly

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

20  following fiscal year, or that will transfer current year

21  funds, it they shall first provide the legislative

22  appropriations committees with a fiscal impact statement that

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

24  impact statement must specify the estimated budget and revenue

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

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

27  budget request, including amounts by appropriation category

28  and fund.

29         Section 20.  Subsection (3) is added to section

30  216.081, Florida Statutes, to read:

31  


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 1         216.081  Data on legislative and judicial branch

 2  expenses.--

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

 4  of the financial needs of the legislative branch, the

 5  Governor's recommended budget shall include the amounts

 6  appropriated and budget entity structure established in the

 7  most recent General Appropriations Act.

 8         Section 21.  Subsection (1) of section 216.133, Florida

 9  Statutes, is amended to read:

10         216.133  Definitions; ss. 216.133-216.137.--As used in

11  ss. 216.133-216.137:

12         (1)  "Consensus estimating conference" includes the

13  Economic Estimating Conference, the Demographic Estimating

14  Conference, the Revenue Estimating Conference, the Education

15  Estimating Conference, the Criminal Justice Estimating

16  Conference, the Juvenile Justice Estimating Conference, the

17  Child Welfare System Estimating Conference, the Occupational

18  Forecasting Conference, the Early Learning Programs Estimating

19  Conference, the Self-Insurance Estimating Conference, the

20  Florida Retirement System Actuarial Assumption Conference, and

21  the Social Services Estimating Conference.

22         Section 22.  Subsections (4) and (5) of section

23  216.134, Florida Statutes, are amended to read:

24         216.134  Consensus estimating conferences; general

25  provisions.--

26         (4)  Consensus estimating conferences are within the

27  legislative branch. The membership of each consensus

28  estimating conference consists of principals and participants.

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

30  preside over conference sessions, convene conference sessions,

31  request information, specify topics to be included on the


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 1  conference agenda, agree or withhold agreement on whether

 2  information is to be official information of the conference,

 3  release official information of the conference, interpret

 4  official information of the conference, and monitor errors in

 5  official information of the conference.

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

 7  participate in the consensus estimating conference by a

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

 9  principal before or during any session of the conference,

10  develop alternative forecasts, collect and supply data,

11  perform analyses, or provide other information needed by the

12  conference. The conference shall consider information provided

13  by participants in developing its official information.

14         (5)  All sessions and meetings of a consensus

15  estimating conference shall be open to the public as provided

16  in chapter 286. The President of the Senate and the Speaker of

17  the House of Representatives, jointly, shall be the sole judge

18  for the interpretation, implementation, and enforcement of

19  this subsection.

20         Section 23.  Subsections (7) through (12) of section

21  216.136, Florida Statutes, are amended to read:

22         216.136  Consensus Estimating Conferences; duties and

23  principals.--

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

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

26  Conference shall develop such official information relating to

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

28  child welfare caseloads, as the conference determines is

29  needed for the state planning and budgeting system. Such

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

31  


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 1         1.  Estimates and projections of the number of initial

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

 3  made to the central abuse hotline maintained by the Department

 4  of Children and Family Services as established in s.

 5  39.201(4). Projections may take into account other factors

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

 7  hotline.

 8         2.  Estimates and projections of the number of children

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

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

11  residential group care, adoptive services, or other

12  appropriate care.

13  

14  In addition, the conference shall develop other official

15  information relating to the child welfare system of the state

16  which the conference determines is needed for the state

17  planning and budgeting system. The Department of Children and

18  Family Services shall provide information on the child welfare

19  system requested by the Child Welfare System Estimating

20  Conference, or individual conference principals, in a timely

21  manner.

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

23  the coordinator of the Office of Economic and Demographic

24  Research, and professional staff who have forecasting

25  expertise from the Department of Children and Family Services,

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

27  designees, are the principals of the Child Welfare System

28  Estimating Conference. The principal representing the

29  Executive Office of the Governor shall preside over sessions

30  of the conference.

31         (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--


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

 2  Conference shall develop such official information relating to

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

 4  the conference principals to be needed for the state planning

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

 6  not limited to: estimates of juvenile delinquency caseloads

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

 8  juvenile detention placements; estimates of workloads in the

 9  juvenile sections in the offices of the state attorneys and

10  public defenders; estimates of mental health and substance

11  abuse treatment relating to juveniles; and such other

12  information as is determined by the conference principals to

13  be needed for the state planning and budgeting system.

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

15  the Office of Economic and Demographic Research, and

16  professional staff who have forecasting expertise from the

17  Department of Juvenile Justice, the Department of Children and

18  Family Services Substance Abuse and Mental Health Program

19  Offices, the Department of Law Enforcement, the Senate

20  Appropriations Committee staff, the House of Representatives

21  Appropriations Committee staff, or their designees, are the

22  principals of the Juvenile Justice Estimating Conference. The

23  responsibility of presiding over sessions of the conference

24  shall be rotated among the principals. To facilitate policy

25  and legislative recommendations, the conference may call upon

26  the appropriate legislative staff.

27         (7)(9)  WORKFORCE ESTIMATING CONFERENCE.--

28         (a)  Duties.--

29         1.  The Workforce Estimating Conference shall develop

30  such official information on the workforce development system

31  planning process as it relates to the personnel needs of


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 1  current, new, and emerging industries as the conference

 2  determines is needed by the state planning and budgeting

 3  system. Such information, using quantitative and qualitative

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

 5  long-term forecasts of employment demand for jobs by

 6  occupation and industry; entry and average wage forecasts

 7  among those occupations; and estimates of the supply of

 8  trained and qualified individuals available or potentially

 9  available for employment in those occupations, with special

10  focus upon those occupations and industries which require high

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

12  In the development of workforce estimates, the conference

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

14  and workforce forecasts and estimates.

15         2.  The Workforce Estimating Conference shall review

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

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

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

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

20  matching and labor market information system authorized under

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

22  developing its forecasts for statewide employment demand,

23  including reviewing the local and regional data for common

24  trends and conditions among localities or regions which may

25  warrant inclusion of a particular occupation on the statewide

26  occupational forecasting list developed by the conference.

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

28  shall also make recommendations semiannually to Workforce

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

30  targeted occupations approved by Workforce Florida, Inc.

31  


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

 2  if necessary, the Workforce Estimating Conference shall meet

 3  as the Workforce Impact Conference for the purpose of

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

 5  workforce and economic development efforts introduced prior to

 6  and during such legislative session. In addition to the

 7  designated principals of the impact conference, nonprincipal

 8  participants of the impact conference shall include a

 9  representative of the Florida Chamber of Commerce and other

10  interested parties. The impact conference shall use both

11  quantitative and qualitative research methods to determine the

12  impact of introduced legislation related to workforce and

13  economic development issues.

14         4.  Notwithstanding subparagraph 3., the Workforce

15  Estimating Conference, for the purposes described in

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

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

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

19  scheduled as needed.

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

21  Executive Office of the Governor, the director of the Office

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

23  the Agency for Workforce Innovation, the executive director of

24  the Commission for Independent Education, the Chancellor of

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

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

27  Demographic Research, or their designees, and professional

28  staff from the Senate and the House of Representatives who

29  have forecasting and substantive expertise, are the principals

30  of the Workforce Estimating Conference. In addition to the

31  designated principals of the conference, nonprincipal


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 1  participants of the conference shall include a representative

 2  of the Florida Chamber of Commerce and other interested

 3  parties. The principal representing the Executive Office of

 4  the Governor shall preside over the sessions of the

 5  conference.

 6         (8)(10)  EARLY LEARNING PROGRAMS ESTIMATING

 7  CONFERENCE.--

 8         (a)  Duties.--

 9         1.  The Early Learning Programs Estimating Conference

10  shall develop estimates and forecasts of the unduplicated

11  count of children eligible for school readiness programs in

12  accordance with the standards of eligibility established in s.

13  411.01(6), and of children eligible for the Voluntary

14  Prekindergarten Education Program in accordance with s.

15  1002.53(2), as the conference determines are needed to support

16  the state planning, budgeting, and appropriations processes.

17         2.  The Agency for Workforce Innovation shall provide

18  information on needs and waiting lists for school readiness

19  programs, and information on the needs for the Voluntary

20  Prekindergarten Education Program, as requested by the Early

21  Learning Programs Estimating Conference or individual

22  conference principals in a timely manner.

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

24  the Director of Economic and Demographic Research, and

25  professional staff who have forecasting expertise from the

26  Agency for Workforce Innovation, the Department of Children

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

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

29  principals of the Early Learning Programs Estimating

30  Conference. The principal representing the Executive Office of

31  the Governor shall preside over sessions of the conference.


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 1         (9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--

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

 3  shall develop such official information on self-insurance

 4  related issues as the conference determines is needed by the

 5  state planning and budgeting system.

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

 7  the coordinator of the Office of Economic and Demographic

 8  Research, and professional staff directors of the committees

 9  of the Senate and the House of Representatives who have

10  forecasting and substantive experience which have primary

11  responsibility for legislation dealing with taxation, or their

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

13  Conference. The responsibility of presiding over sessions of

14  the conference shall be rotated among the principals.

15         (10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL

16  ASSUMPTION CONFERENCE.--

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

18  Assumption Conference shall develop official information with

19  respect to the economic and noneconomic assumptions and

20  funding methods of the Florida Retirement System necessary to

21  perform the system actuarial study undertaken pursuant to s.

22  121.031(3). Such information shall include: an analysis of the

23  actuarial assumptions and actuarial methods used in the study

24  and a determination of whether changes to the assumptions or

25  methods need to be made due to experience changes or revised

26  future forecasts.

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

28  the coordinator of the Office of Economic and Demographic

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

30  Representatives who have forecasting and substantive

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


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 1  Florida Retirement System Actuarial Assumption Conference. The

 2  Executive Office of the Governor shall have the responsibility

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

 4  Board of Administration and the Division of Retirement shall

 5  be participants in the conference.

 6         Section 24.  Subsection (1) of section 216.162, Florida

 7  Statutes, is amended to read:

 8         216.162  Governor's recommended budget to be furnished

 9  Legislature; copies to members.--

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

11  legislative session, the Governor shall furnish each senator

12  and representative a copy of his or her recommended balanced

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

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

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

16  the President of the Senate and the Speaker of the House of

17  Representatives, that his or her recommended balanced budget

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

19  regular legislative session.

20         Section 25.  Subsection (2) and paragraph (b) of

21  subsection (4) of section 216.163, Florida Statutes, are

22  amended to read:

23         216.163  Governor's recommended budget; form and

24  content; declaration of collective bargaining impasses.--

25         (2)  The Governor's recommended budget shall also

26  include:

27         (a)  The Governor's recommendations for operating each

28  state agency, and those of the Chief Justice of the Supreme

29  Court for operating the judicial branch, for the next fiscal

30  year. These recommendations shall be displayed by

31  appropriation category within each budget entity and shall


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 1  also include the legislative budget request of the

 2  corresponding agency. In order to present a balanced budget as

 3  required by s. 216.162, the Governor's recommendations for

 4  operating appropriations may include an alternative

 5  recommendation to that of the Chief Justice.

 6         (b)1.  The Governor's recommendations and those of the

 7  Chief Justice for fixed capital outlay appropriations for the

 8  next fiscal year. These recommendations shall be displayed by

 9  budget entity and shall also include the legislative budget

10  request of the corresponding agency. In order to present a

11  balanced budget as required by s. 216.162, the Governor's

12  recommendations for fixed capital outlay appropriations may

13  include an alternative recommendation to that of the Chief

14  Justice.

15         2.  For each specific fixed capital outlay project or

16  group of projects or operating capital outlay requests

17  recommended to be funded from a proposed state debt or

18  obligation, he or she shall make available pursuant to s.

19  216.164(1)(a) the documents set forth in s. 216.0442(2).

20         (c)  The evaluation of the fixed capital outlay request

21  of each agency and the judicial branch and alternatives to the

22  proposed projects as made by the Department of Management

23  Services pursuant to s. 216.044.

24         (d)  A summary statement of the amount of

25  appropriations requested by each state agency and as

26  recommended by the Governor and by the judicial branch.

27         (e)  A distinct listing of all nonrecurring

28  appropriations recommended by the Governor or the Chief

29  Justice.

30         (f)  The Governor's recommendations for high-risk

31  information technology projects which should be subject to


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 1  monitoring under s. 282.322. These recommendations shall

 2  include proviso language which specifies whether funds are

 3  specifically provided to contract for project monitoring, or

 4  whether the Auditor General will conduct such project

 5  monitoring. When funds are recommended for contracting with a

 6  project monitor, such funds may equal 1 percent to 5 percent

 7  of the project's estimated total costs. These funds shall be

 8  specifically appropriated and nonrecurring.

 9         (g)  Any additional information which the Governor or

10  Chief Justice feels is needed to justify his or her

11  recommendations.

12         (4)  The Executive Office of the Governor shall review

13  the findings of the Office of Program Policy Analysis and

14  Government Accountability, to the extent they are available,

15  request any reports or additional analyses as necessary, and

16  submit a recommendation for executive agencies, which may

17  include a recommendation regarding incentives or disincentives

18  for agency performance. Incentives or disincentives may apply

19  to all or part of a state agency. The Chief Justice shall

20  review the findings of the Office of Program Policy Analysis

21  and Government Accountability regarding judicial branch

22  performance and make appropriate recommendations for the

23  judicial branch.

24         (b)  Disincentives may include, but are not limited to:

25         1.  Mandatory quarterly reports to the Executive Office

26  of the Governor and the Legislature on the agency's progress

27  in meeting performance standards.

28         2.  Mandatory quarterly appearances before the

29  Legislature, the Governor, or the Governor and Cabinet to

30  report on the agency's progress in meeting performance

31  standards.


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 1         3.  Elimination or restructuring of the program, which

 2  may include, but not be limited to, transfer of the program or

 3  outsourcing all or a portion of the program.

 4         4.  Reduction of total positions for a program.

 5         5.  Restriction on or reduction of the spending

 6  authority provided in s. 216.292(2)(b).

 7         6.  Reduction of managerial salaries.

 8         Section 26.  Subsections (1) through (4) of section

 9  216.167, Florida Statutes, are amended to read:

10         216.167  Governor's recommendations.--The Governor's

11  recommendations shall include a financial schedule that

12  provides:

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

14  recurring revenues available in the Budget Stabilization Fund,

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

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

17  nonrecurring revenues available in the Budget Stabilization

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

19         (3)  The Governor's recommended recurring and

20  nonrecurring appropriations from the Budget Stabilization

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

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

23  temporary obligations of the Budget Stabilization Fund, the

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

25  loans or obligations are needed to implement his or her

26  recommended budget.

27         Section 27.  Subsection (4) of section 216.168, Florida

28  Statutes, is amended to read:

29         216.168  Governor's amended revenue or budget

30  recommendations; optional and mandatory.--

31  


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

 2  or she has furnished the Legislature with his or her

 3  recommendations or amended recommendations, that the revenue

 4  estimates upon which the Governor's recommendations were based

 5  are insufficient to fund these recommendations, the Governor

 6  shall amend his or her revenues or appropriations

 7  recommendations to bring the Governor's recommended budget

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

 9  that there is insufficient time to provide the information for

10  the amended recommendations required in ss. 216.164 and

11  216.166, he or she shall be exempt from such requirement.

12         Section 28.  Subsections (2), (3), and (4) of section

13  216.177, Florida Statutes, are amended to read:

14         216.177  Appropriations acts, statement of intent,

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

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

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

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

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

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

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

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

23  is solely for the release of funds appropriated by the

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

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

26  taken on any budget item for which this chapter requires

27  notice to the Legislative Budget Commission or the

28  appropriations committees without such notice having been

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

30  such item.

31  


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

 2  Budget Commission or the President of the Senate and the

 3  Speaker of the House of Representatives timely advise, in

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

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

 6  action, including any expenditure of funds resulting from the

 7  settlement of litigation involving a state agency or officer,

 8  whether subject to the notice and review requirements of this

 9  chapter or not, exceeds the delegated authority of the

10  Executive Office of the Governor for the executive branch or

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

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

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

14  instruct the affected state agency or entity of the judicial

15  branch to change immediately its spending action or spending

16  proposal until the Legislative Budget Commission or the

17  Legislature addresses the issue. The written documentation

18  shall indicate the specific reasons that an action or proposed

19  action exceeds the delegated authority or is contrary to

20  legislative policy and intent.

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

22  provide by rule that any member of the House of

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

24  the President of the Senate or the Speaker of the House of

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

26         (3)  The Legislature may annually specify any

27  incentives and disincentives for agencies operating programs

28  under performance-based program budgets pursuant to this

29  chapter in the General Appropriations Act or legislation

30  implementing the General Appropriations Act.

31  


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 1         (4)  Notwithstanding the 14-day notice requirements of

 2  this section, the Department of Children and Family Services

 3  is required to provide notice of proposed transfers submitted

 4  pursuant to s. 20.19(5)(b) to the Executive Office of the

 5  Governor and the chairs of the legislative appropriations

 6  committees at least 3 working days prior to their

 7  implementation.

 8         Section 29.  Subsections (1), (2), (4), (6), (8), (9),

 9  (10), (12), and (16) of section 216.181, Florida Statutes, are

10  amended to read:

11         216.181  Approved budgets for operations and fixed

12  capital outlay.--

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

14  containing appropriations shall be considered the original

15  approved operating budgets for operational and fixed capital

16  expenditures. Amendments to the approved operating budgets for

17  operational and fixed capital outlay expenditures from state

18  agencies may be requested only through the Executive Office of

19  the Governor and approved by the Governor and the Legislative

20  Budget Commission as provided in this chapter. Amendments from

21  the judicial branch may be requested only through, and

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

23  be approved by the Chief Justice and the Legislative Budget

24  Commission as provided in this chapter . This includes

25  amendments which are necessary to implement the provisions of

26  s. 216.212 or s. 216.221.

27         (2)  Amendments to the original approved operating

28  budgets for operational and fixed capital outlay expenditures

29  must comply with the following guidelines in order to be

30  approved by the Governor and the Legislative Budget Commission

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


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 1  Chief Justice and the Legislative Budget Commission for the

 2  judicial branch:

 3         (a)  The amendment must be consistent with legislative

 4  policy and intent.

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

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

 7  existing program.

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

 9  provisions of this chapter, the amendment may not provide

10  funding or increased funding for items which were funded by

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

12  agency or Governor in the legislative budget request or

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

14  Governor.

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

16  must be adequate and appropriate revenues available in the

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

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

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

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

21  provided in subsection (11).

22         (e)  The amendment shall not conflict with any

23  provision of law.

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

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

26  legislative budget request and not funded in the General

27  Appropriations Act.

28         (g)  The amendment must include a written description

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

30  interim budget action is necessary, and the intended recipient

31  of any funds for contracted services.


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 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 procedures

24  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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 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 department or agency; except for the

19  Department of Education, which shall be controlled by division

20  and for the judicial branch, which shall be controlled at the

21  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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 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 department budget entity is within the approved

 4  rate limit for that department 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         (d)  The salary rate provisions of subsections (8) and

30  (9) and this subsection do not apply to the general office

31  program of the Executive Office of the Governor.


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 1         (12)  There is appropriated nonoperating budget for

 2  refunds, payments to the United States Treasury, and payments

 3  of the service charge to the General Revenue Fund, and

 4  transfers of funds specifically required by law. Such

 5  authorized budget, together with related releases, shall be

 6  transmitted by the state agency or by the judicial branch to

 7  the Chief Financial Officer for entry in his or her records in

 8  the manner and format prescribed by the Executive Office of

 9  the Governor in consultation with the Chief Financial Officer.

10  A copy of such authorized budgets shall be furnished to the

11  Executive Office of the Governor or the Chief Justice, the

12  chairs of the legislative committees responsible for

13  developing the general appropriations acts, and the Auditor

14  General. Notwithstanding the duty specified for each state

15  agency in s. 17.61(3), the Governor may withhold approval of

16  nonoperating investment authority for certain trust funds when

17  deemed in the best interest of the state. The Governor for the

18  executive branch, and the Chief Justice for the judicial

19  branch, may establish nonoperating budgets, with the approval

20  of the chairs of the Senate and the House of Representatives

21  appropriations committees, for transfers, purchase of

22  investments, special expenses, distributions, transfers of

23  funds specifically required by law, and any other nonoperating

24  budget categories they deem necessary and in the best interest

25  of the state and consistent with legislative intent and

26  policy. The provisions of this subsection are subject to the

27  notice, review, and objection procedures set forth in s.

28  216.177. For purposes of this section, the term "nonoperating

29  budgets" means nonoperating disbursement authority for

30  purchase of investments, refunds, payments to the United

31  States Treasury, transfers of funds specifically required by


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 1  law, distributions of assets held by the state in a trustee

 2  capacity as an agent of fiduciary, special expenses, and other

 3  nonoperating budget categories, as determined necessary by the

 4  Executive Office of the Governor and the chairs of the Senate

 5  and the House of Representatives appropriations committees,

 6  not otherwise appropriated in the General Appropriations Act.

 7  The establishment of nonoperating budget authority shall be

 8  deemed approved by a chair of a legislative committee if

 9  written notice of the objection is not provided to the

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

11  the chair receiving notice of the action pursuant to the

12  provisions of s. 216.177.

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

14  in the General Appropriations Act may be advanced if the

15  General Appropriations Act specifically so provides.

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

17  authorized by the General Appropriations Act or expressly

18  authorized by other law to make advances for program startup

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

20  shall limit such disbursements to other governmental entities

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

22  advanced shall not exceed the expected cash needs of the

23  contractor or recipient within the initial 3 months.

24  Thereafter, disbursements shall only be made on a

25  reimbursement basis. Any agreement that provides for

26  advancements may contain a clause that permits the contractor

27  or recipient to temporarily invest the proceeds, provided that

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

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

30  amount. This paragraph does not constitute lawful authority to

31  make any advance payment not otherwise authorized by laws


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 1  relating to a particular agency or general laws relating to

 2  the expenditure or disbursement of public funds. The Chief

 3  Financial Officer may, after consultation with the legislative

 4  appropriations committees, advance funds beyond a 3-month

 5  requirement if it is determined to be consistent with the

 6  intent of the approved operating budget.

 7         (c)  Unless specifically prohibited in the General

 8  Appropriations Act, funds appropriated to the Department of

 9  Children and Family Services and the Department of Health may

10  be advanced for those contracted services that were approved

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

12  including those services contracted on a fixed-price or

13  unit-cost basis.

14         Section 30.  Section 216.192, Florida Statutes, is

15  amended to read:

16         216.192  Release of appropriations; revision of

17  budgets.--

18         (1)  Unless otherwise provided in the General

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

20  percent of the original approved operating budget of each

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

22  time as annual plans for quarterly releases for all

23  appropriations have been developed, approved, and furnished to

24  the Chief Financial Officer by the Executive Office of the

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

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

27  appropriate plans of releases for fixed capital outlay

28  projects that correspond with each project schedule, shall

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

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

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


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 1  appropriations available to a state agency or to the judicial

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

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

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

 5  plans prescribed by the Executive Office of the Governor and

 6  the Chief Justice, unless otherwise amended as provided by

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

 8  Justice shall transmit a copy of the approved annual releases

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

10  the Legislative Budget Commission, and the Auditor General.

11  The Chief Financial Officer shall authorize all expenditures

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

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

14  otherwise. Expenditures shall be authorized only in accordance

15  with legislative authorizations. Nothing herein precludes

16  periodic reexamination and revision by the Executive Office of

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

18  release of appropriations and the notifications of the parties

19  of all such revisions.

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

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

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

23  releases of funds appropriated to it is contrary to the

24  approved operating budget shall have the right to have the

25  issue reviewed by the Administration Commission which shall

26  decide such issue by majority vote. The appropriations

27  committees of the Legislature may advise the Administration

28  Commission on the issue.

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

30  releases within the amounts appropriated and as requested for

31  all appropriations to the legislative branch, and the


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

 2  legislative branch.

 3         (4)  The legislative appropriations committees may

 4  advise the Chief Financial Officer, the Executive Office of

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

 6  any funds under this section.

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

 8  section may be considered by the Revenue Estimating Conference

 9  in preparation of the statement of financial outlook.

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

11  General Appropriations Act or to prevent deficits pursuant to

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

13  executive branch and the Chief Justice for the judicial branch

14  may place appropriations in budget reserve or mandatory

15  reserve.

16         (6)  All budget actions taken pursuant to the

17  provisions of this section are subject to the notice and

18  review procedures set forth in s. 216.177.

19         Section 31.  Section 216.195, Florida Statutes, is

20  amended to read:

21         216.195  Impoundment of funds; restricted.--The

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

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

24  shall not impound any appropriation except as necessary to

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

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

27  the omission of any appropriation or part of an appropriation

28  in the approved operating plan prepared pursuant to s. 216.181

29  or in the schedule of releases prepared pursuant to s. 216.192

30  or the failure of any state agency or the judicial branch to

31  spend an appropriation for the stated purposes authorized in


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 1  the approved operating budget. The provisions of this section

 2  are subject to the notice and review procedures of s. 216.177.

 3  The Governor or either house of the Legislature may seek

 4  judicial review of any action or proposed action which

 5  violates the provisions of this section.

 6         Section 32.  Subsections (2), (3), (5), (7), (9), and

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

 8  read:

 9         216.221  Appropriations as maximum appropriations;

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

11         (2)  The Legislature may annually provide direction in

12  the General Appropriations Act regarding use of any state

13  funds the Budget Stabilization Fund and Working Capital Fund

14  to offset General Revenue Fund deficits.

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

16  General Revenue Fund, all branches and agencies of government

17  that receive General Revenue Fund appropriations shall

18  participate in deficit reduction efforts. Absent specific

19  legislative direction in the General Appropriations Act, when

20  budget reductions are required in order to prevent a deficit

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

22  reduce its General Revenue Fund appropriations by a

23  proportional amount.

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

25  consultation with the Revenue Estimating Conference, a deficit

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

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

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

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

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

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


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

 2  action to eliminate the deficit.

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

 4  and the Speaker of the House of Representatives, after

 5  consultation with the Revenue Estimating Conference, a deficit

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

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

 8  Speaker of the House of Representatives shall so certify.

 9  Within 30 days after such certification, the Governor shall

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

11  Supreme Court shall develop for the judicial branch and

12  provide to the commission and to the Legislature plans of

13  action to eliminate the deficit.

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

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

16  Chief Justice shall, to the extent possible, preserve

17  legislative policy and intent, and, absent any specific

18  direction to the contrary in the General Appropriations Act,

19  the Governor and Chief Justice shall comply with the following

20  guidelines for reductions in the approved operating budgets of

21  the executive branch and the judicial branch:

22         1.  Entire statewide programs previously established by

23  the Legislature should not be eliminated.

24         1.2.  Education budgets should not be reduced more than

25  provided for in s. 215.16(2).

26         2.3.  The use of nonrecurring funds to solve recurring

27  deficits should be minimized.

28         3.4.  Newly created programs that are not fully

29  implemented and programs with critical audits, evaluations,

30  and reviews should receive first consideration for reductions.

31  


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 1         4.5.  No agencies or branches of government receiving

 2  appropriations should be exempt from reductions.

 3         5.6.  When reductions in positions are required, the

 4  focus should be initially on vacant positions.

 5         7.  Any reductions applied to all agencies and branches

 6  should be uniformly applied.

 7         6.8.  Reductions that would cause substantial losses of

 8  federal funds should be minimized.

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

10  prorated reductions should be considered.

11         7.10.  Reductions to statewide programs should occur

12  only after review of programs that provide only local

13  benefits.

14         8.11.  Reductions in administrative and support

15  functions should be considered before reductions in

16  direct-support services.

17         9.12.  Maximum reductions should be considered in

18  budgets for expenses including travel and in budgets for

19  equipment replacement, outside consultants, and contracts.

20         10.13.  Reductions in salaries for elected state

21  officials should be considered.

22         11.14.  Reductions that adversely affect the public

23  health, safety, and welfare should be minimized.

24         12.15.  The Budget Stabilization Fund should not be

25  reduced to a level that would impair the financial stability

26  of this state.

27         13.16.  Reductions in programs that are traditionally

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

29  private enterprise should be considered.

30  

31  


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 1         14.17.  Reductions in programs that are duplicated

 2  among state agencies or branches of government should be

 3  considered.

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

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

 6  by the Governor commission for the executive branch and the

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

 8  The Governor commission and Chief Justice shall implement any

 9  directions provided in the General Appropriations Act related

10  to eliminating deficits and to reducing agency and judicial

11  branch budgets, including the use of those legislative

12  appropriations voluntarily placed in reserve. In addition, the

13  Governor and Chief Justice commission shall implement any

14  directions in the General Appropriations Act relating to the

15  resolution of deficit situations. When reducing state agency

16  or judicial branch budgets, the Governor commission or the

17  Chief Justice, respectively, shall use the guidelines

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

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

20  judicial branch, shall implement the deficit reduction plans

21  through amendments to the approved operating budgets in

22  accordance with s. 216.181.

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

24  after consultation with the Revenue Estimating Conference, a

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

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

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

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

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

30  certify a deficit within 10 days after the Chief Financial

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


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

 2  Justice of the Supreme Court.

 3         (10)  When advised by the Revenue Estimating

 4  Conference, the Chief Financial Officer, or any agency

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

 6  respect to the appropriations from a specific trust fund in

 7  the current fiscal year, the Governor for the executive

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

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

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

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

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

13  approved by the Legislative Budget Commission. In developing

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

15  to the extent possible, preserve legislative policy and

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

17  the General Appropriations Act, any reductions in

18  appropriations from the trust fund for the fiscal year shall

19  be prorated among the specific appropriations made from the

20  trust fund for the current fiscal year.

21         Section 33.  Subsection (2) of section 216.231, Florida

22  Statutes, is amended to read:

23         216.231  Release of certain classified

24  appropriations.--

25         (2)  The release of appropriated funds classified as

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

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

28  judicial branch is inadequate because the workload or cost of

29  the operation exceeds that anticipated by the Legislature and

30  a determination has been made by the Governor commission that

31  the deficiency will result in an impairment of the activities


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

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

 3  Legislature in the general appropriations acts. These funds

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

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

 6  additional buildings.

 7         Section 34.  Subsections (3), (6), and (11) of section

 8  216.235, Florida Statutes, are amended to read:

 9         216.235  Innovation Investment Program.--

10         (3)  For purposes of this section:

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

12  authority, council, committee, department, division, bureau,

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

14  branch.

15         (b)  "Commission" means the Information Resource

16  Commission.

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

18  Committee.

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

20  and Economic Development within the Executive Office of the

21  Governor.

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

23  composed of private citizens and public employees who evaluate

24  the projects and make funding recommendations to the

25  committee.

26         (6)  Any agency developing an innovative investment

27  project proposal that involves information technology

28  resources may consult with and seek technical assistance from

29  the State Technology Office commission. The office shall

30  consult with the State Technology Office commission for any

31  project proposal that involves information resource


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 1  technology. The State Technology Office commission is

 2  responsible for evaluating these projects and for advising the

 3  committee and review board of the technical feasibility and

 4  any transferable benefits of the proposed technology. In

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

 6  shall provide to the State Technology Office commission any

 7  information requested by the State Technology Office

 8  commission to aid in determining that the proposed technology

 9  is appropriate for the project's success.

10         (11)  Funds appropriated for the Innovation Investment

11  Program shall be distributed by the Executive Office of the

12  Governor subject to notice, review, and objection procedures

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

14  the annual appropriation as necessary to administer the

15  program. Proposals considered but not funded by the

16  Legislature as part of an agency legislative budget request or

17  the Governor's budget recommendation are not eligible to

18  receive funding under the Innovation Investment Program.

19         Section 35.  Section 216.241, Florida Statutes, is

20  amended to read:

21         216.241  Initiation or commencement of new programs;

22  approval; expenditure of certain revenues.--

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

24  initiate or commence any new program, including any new

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

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

27  require additional financing unless funds have been

28  specifically appropriated by the Legislature or unless the

29  Legislative Budget Commission or the Chief Justice of the

30  Supreme Court expressly approves such new program or changes.

31  The commission and the Chief Justice shall give notice as


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

 2  changes.

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

 4  approved operating budget may not shall be made to existing

 5  programs unless such changes are recommended to the

 6  Legislative Budget Commission by the Governor or the Chief

 7  Justice and the Legislative Budget Commission expressly

 8  approves such program changes. The provisions of This

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

10  procedures set forth in s. 216.177.

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

12  by amendment to the State Constitution after October 1, 1999,

13  shall not be expended by any agency, as defined in s.

14  120.52(1), except pursuant to appropriation by the

15  Legislature.

16         Section 36.  Subsection (2) of section 216.251, Florida

17  Statutes, is amended to read:

18         216.251  Salary appropriations; limitations.--

19         (2)(a)  The salary for each position not specifically

20  indicated in the appropriations acts shall be as provided in

21  one of the following subparagraphs:

22         1.  Within the classification and pay plans provided

23  for in chapter 110.

24         2.  Within the classification and pay plans established

25  by the Board of Trustees for the Florida School for the Deaf

26  and the Blind of the Department of Education and approved by

27  the State Board of Education for academic and academic

28  administrative personnel.

29         3.  Within the classification and pay plan approved and

30  administered by the State Board of Education and the Board of

31  


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 1  Governors Board of Regents for those positions in the State

 2  University System.

 3         4.  Within the classification and pay plan approved by

 4  the President of the Senate and the Speaker of the House of

 5  Representatives, as the case may be, for employees of the

 6  Legislature.

 7         5.  Within the approved classification and pay plan for

 8  the judicial branch.

 9         6.  The salary of all positions not specifically

10  included in this subsection shall be set by the commission or

11  by the Chief Justice for the judicial branch.

12         (b)  Salary payments shall be made only to employees

13  filling established positions included in the agency's or in

14  the judicial branch's approved budgets and amendments thereto

15  as may be provided by law; provided, however:

16         1.  Reclassification of established positions may be

17  accomplished when justified in accordance with the established

18  procedures for reclassifying positions; or

19         2.  When the Division of Risk Management of the

20  Department of Financial Services has determined that an

21  employee is entitled to receive a temporary partial disability

22  benefit or a temporary total disability benefit pursuant to

23  the provisions of s. 440.15 and there is medical certification

24  that the employee cannot perform the duties of the employee's

25  regular position, but the employee can perform some type of

26  work beneficial to the agency, the agency may return the

27  employee to the payroll, at his or her regular rate of pay, to

28  perform such duties as the employee is capable of performing,

29  even if there is not an established position in which the

30  employee can be placed. Nothing in this subparagraph shall

31  abrogate an employee's rights under chapter 440 or chapter


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 1  447, nor shall it adversely affect the retirement credit of a

 2  member of the Florida Retirement System in the membership

 3  class he or she was in at the time of, and during, the

 4  member's disability.

 5         Section 37.  Paragraphs (a) and (c) of subsection (1)

 6  of section 216.262, Florida Statutes, are amended to read:

 7         216.262  Authorized positions.--

 8         (1)(a)  Unless otherwise expressly provided by law, the

 9  total number of authorized positions may not exceed the total

10  provided in the appropriations acts. In the event any state

11  agency or entity of the judicial branch finds that the number

12  of positions so provided is not sufficient to administer its

13  authorized programs, it may file an application with the

14  Executive Office of the Governor or the Chief Justice; and, if

15  the Executive Office of the Governor or Chief Justice

16  certifies that there are no authorized positions available for

17  addition, deletion, or transfer within the agency as provided

18  in paragraph (c) and recommends an increase in the number of

19  positions, the Governor or the Chief Justice may recommend,

20  after a public hearing, authorize an increase in the number of

21  positions for the following reasons only:

22         1.  To implement or provide for continuing federal

23  grants or changes in grants not previously anticipated.;

24         2.  To meet emergencies pursuant to s. 252.36.;

25         3.  To satisfy new federal regulations or changes

26  therein.;

27         4.  To take advantage of opportunities to reduce

28  operating expenditures or to increase the revenues of the

29  state or local government.; and

30  

31  


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 1         5.  To authorize positions that which were not fixed by

 2  the Legislature through error in drafting the appropriations

 3  acts.

 4  

 5  Actions recommended pursuant to The provisions of this

 6  paragraph are subject to approval by the Legislative Budget

 7  Commission. the notice and review procedures set forth in s.

 8  216.177. A copy of the application, The certification, and the

 9  final authorization shall be provided to filed with the

10  Legislative Budget Commission, the appropriations committees,

11  and with the Auditor General.

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

13  procedures and qualifications as it deems appropriate, shall,

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

15  add and delete authorized positions or transfer authorized

16  positions from one budget entity to another budget entity

17  within the same division, and may approve additions and

18  deletions of authorized positions or transfers of authorized

19  positions within the state agency when such changes would

20  enable the agency to administer more effectively its

21  authorized and approved programs. The additions or deletions

22  must be consistent with the intent of the approved operating

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

24  and must not conflict with specific spending policies

25  specified in the General Appropriations Act.

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

27  the authority to establish procedures for the judicial branch

28  to add and delete authorized positions or transfer authorized

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

30  to add and delete authorized positions within the same budget

31  entity, when such changes are consistent with legislative


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 1  policy and intent and do not conflict with spending policies

 2  specified in the General Appropriations Act.

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

 4  dollars for authorized positions eliminated after July 1,

 5  2001. The agency must certify the eliminated positions to the

 6  Legislative Budgeting Commission.

 7         b.  The Legislative Budgeting Commission shall

 8  authorize the agency to retain 20 percent of the salary

 9  dollars associated with the eliminated positions and may

10  authorize retention of a greater percentage. All such salary

11  dollars shall be used for permanent salary increases.

12         Section 38.  Section 216.292, Florida Statutes, is

13  amended to read:

14         (Substantial rewording of section. See

15         s. 216.292, F.S., for present text.)

16         216.292  Appropriations nontransferable; exceptions.--

17         (1)(a)  Funds provided in the General Appropriations

18  Act or as otherwise expressly provided by law shall be

19  expended only for the purpose for which appropriated, except

20  that such moneys may be transferred as provided in this

21  section when it is determined to be in the best interest of

22  the state. Appropriations for fixed capital outlay may not be

23  expended for any other purpose. Appropriations may not be

24  transferred between state agencies, or between a state agency

25  and the judicial branch, unless specifically authorized by

26  law.

27         (b)1.  Authorized revisions of the original approved

28  operating budget, together with related changes in the plan

29  for release of appropriations, if any, shall be transmitted by

30  the state agency or by the judicial branch to the Executive

31  Office of the Governor or the Chief Justice, respectively, the


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 1  chairs of the Senate and the House of Representatives

 2  appropriations committees, the Office of Program Policy

 3  Analysis and Government Accountability, and the Auditor

 4  General. Such authorized revisions shall be consistent with

 5  the intent of the approved operating budget, shall be

 6  consistent with legislative policy and intent, and may not

 7  conflict with specific spending policies specified in the

 8  General Appropriations Act.

 9         2.  Authorized revisions, together with related

10  changes, if any, in the plan for release of appropriations

11  shall be transmitted by the state agency or by the judicial

12  branch to the Chief Financial Officer for entry in the Chief

13  Financial Officer's records in the manner and format

14  prescribed by the Executive Office of the Governor in

15  consultation with the Chief Financial Officer.

16         3.  The Executive Office of the Governor or the Chief

17  Justice shall forward a copy of the revisions within 7 working

18  days to the Chief Financial Officer for entry in his or her

19  records in the manner and format prescribed by the Executive

20  Office of the Governor in consultation with the Chief

21  Financial Officer.

22         (2)  The following transfers are authorized to be made

23  by the head of each department or the Chief Justice of the

24  Supreme Court whenever it is deemed necessary by reason of

25  changed conditions:

26         (a)  The transfer of appropriations funded from

27  identical funding sources, except appropriations for fixed

28  capital outlay, and the transfer of amounts included within

29  the total original approved budget and plans of releases of

30  appropriations as furnished pursuant to ss. 216.181 and

31  216.192, as follows:


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 1         1.  Between categories of appropriations within a

 2  budget entity, if no category of appropriation is increased or

 3  decreased by more than 5 percent of the original approved

 4  budget or $250,000, whichever is greater, by all action taken

 5  under this subsection.

 6         2.  Between budget entities within identical categories

 7  of appropriations, if no category of appropriation is

 8  increased or decreased by more than 5 percent of the original

 9  approved budget or $250,000, whichever is greater, by all

10  action taken under this subsection.

11         3.  Any agency exceeding salary rate established

12  pursuant to s. 216.181(8) on June 30th of any fiscal year

13  shall not be authorized to make transfers pursuant to

14  subparagraphs 1. and 2. in the subsequent fiscal year.

15         4.  Notice of proposed transfers under subparagraphs 1.

16  and 2. shall be provided to the Executive Office of the

17  Governor and the chairs of the legislative appropriations

18  committees at least 3 days prior to agency implementation in

19  order to provide an opportunity for review. The review shall

20  be limited to ensuring that the transfer is in compliance with

21  the requirements of this paragraph.

22         (b)  After providing notice at least 5 working days

23  prior to implementation:

24         1.  The transfer of funds within programs identified in

25  the General Appropriations Act from identical funding sources

26  between the following appropriation categories without

27  limitation so long as such a transfer does not result in an

28  increase, to the total recurring general revenue or trust fund

29  cost of the agency or entity of the judicial branch in the

30  subsequent fiscal year: other personal services, expenses,

31  operating capital outlay, food products, state attorney and


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 1  public defender operations, data processing services,

 2  operating and maintenance of patrol vehicles, overtime

 3  payments, salary incentive payments, compensation to retired

 4  judges, law libraries, and juror and witness payments.

 5         2.  The transfer of funds and positions from identical

 6  funding sources between salaries and benefits appropriation

 7  categories within programs identified in the General

 8  Appropriations Act. Such transfers must be consistent with

 9  legislative policy and intent and may not adversely affect

10  achievement of approved performance outcomes or outputs in any

11  program.

12         (c)  The transfer of funds appropriated to accounts

13  established for disbursement purposes upon release of such

14  appropriation upon request of a department and approval by the

15  Chief Financial Officer. Such transfer may only be made to the

16  same appropriation category and the same funding source from

17  which the funds are transferred.

18         (d)  The transfer of funds by the Executive Office of

19  the Governor from appropriations for public school operations

20  to a fixed capital outlay appropriation for class size

21  reduction based on recommendations of the Florida Education

22  Finance Program Appropriation Allocation Conference or the

23  Legislative Budget Commission pursuant to s. 1003.03(4)(a).

24  Actions by the Governor under this subsection are subject to

25  the notice and review provisions of s. 216.177.

26         (3)  The following transfers are authorized with the

27  approval of the Executive Office of the Governor for the

28  executive branch or the Chief Justice for the judicial branch,

29  subject to the notice and review provisions of s. 216.177:

30  

31  


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 1         (a)  The transfer of appropriations for operations from

 2  trust funds in excess of those provided in subsection (2), up

 3  to $1 million.

 4         (b)  The transfer of positions between budget entities.

 5         (4)  The following transfers are authorized with the

 6  approval of the Legislative Budget Commission. Unless waived

 7  by the chair and vice chair of the commission, notice of such

 8  transfers must be provided 14 days before the commission

 9  meeting:

10         (a)  The transfer of appropriations for operations from

11  the General Revenue Fund in excess of those provided in this

12  section but within a state agency or within the judicial

13  branch, as recommended by the Executive Office of the Governor

14  or the Chief Justice of the Supreme Court.

15         (b)  The transfer of appropriations for operations from

16  trust funds in excess of those provided in this section that

17  exceed the greater of 5 percent of the original approved

18  budget or $1 million, as recommended by the Executive Office

19  of the Governor or the Chief Justice of the Supreme Court.

20         (c)  The transfer of the portion of an appropriation

21  for a named fixed capital outlay project found to be in excess

22  of that needed to complete the project to another project for

23  which there has been an appropriation in the same fiscal year

24  from the same fund and within the same department where a

25  deficiency is found to exist, at the request of the Executive

26  Office of the Governor for state agencies or the Chief Justice

27  of the Supreme Court for the judicial branch. The scope of a

28  fixed capital outlay project may not be changed by any

29  transfer of funds made pursuant to this subsection.

30         (d)  The transfers necessary to accomplish the purposes

31  of reorganization within state agencies or the judicial branch


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 1  authorized by the Legislature when the necessary adjustments

 2  of appropriations and positions have not been provided in the

 3  General Appropriations Act.

 4         (5)  A transfer of funds may not result in the

 5  initiation of a fixed capital outlay project that has not

 6  received a specific legislative appropriation, except that

 7  federal funds for fixed capital outlay projects for the

 8  Department of Military Affairs, which do not carry a

 9  continuing commitment on future appropriations by the

10  Legislature, may be approved by the Executive Office of the

11  Governor for the purpose received, subject to the notice,

12  review, and objection procedures set forth in s. 216.177.

13         (6)  The Chief Financial Officer shall transfer from

14  any available funds of an agency or the judicial branch the

15  following amounts and shall report all such transfers and the

16  reasons therefor to the legislative appropriations committees

17  and the Executive Office of the Governor:

18         (a)  The amount due to the Unemployment Compensation

19  Trust Fund which is more than 90 days delinquent on

20  reimbursements due to the Unemployment Compensation Trust

21  Fund. The amount transferred shall be that certified by the

22  state agency providing unemployment tax collection services

23  under contract with the Agency for Workforce Innovation

24  through an interagency agreement pursuant to s. 443.1316.

25         (b)  The amount due to the Division of Risk Management

26  which is more than 90 days delinquent in payment to the

27  Division of Risk Management of the Department of Financial

28  Services for insurance coverage. The amount transferred shall

29  be that certified by the division.

30         (c)  The amount due to the Communications Working

31  Capital Trust Fund from moneys appropriated in the General


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 1  Appropriations Act for the purpose of paying for services

 2  provided by the state communications system in the Department

 3  of Management Services which is unpaid 45 days after the

 4  billing date. The amount transferred shall be that billed by

 5  the department.

 6         Section 39.  Section 216.301, Florida Statutes, is

 7  amended to read:

 8         216.301  Appropriations; undisbursed balances.--

 9         (1)(a)  Any balance of any appropriation, except an

10  appropriation for fixed capital outlay, which is not disbursed

11  but which is expended or contracted to be expended shall, at

12  the end of each fiscal year, be certified by the head of the

13  affected state agency or the judicial or legislative branches,

14  on or before August 1 of each year, to the Executive Office of

15  the Governor, showing in detail the obligees to whom obligated

16  and the amounts of such obligations. On or before September 1

17  of each year, the Executive Office of the Governor shall

18  review and approve or disapprove, consistent with legislative

19  policy and intent, any or all of the items and amounts

20  certified by the head of the affected state agency and shall

21  approve all items and amounts certified by the Chief Justice

22  of the Supreme Court for the judicial branch and by the

23  legislative branch and shall furnish the Chief Financial

24  Officer, the legislative appropriations committees, and the

25  Auditor General a detailed listing of the items and amounts

26  approved as legal encumbrances against the undisbursed balance

27  of such appropriation. The review shall assure that trust

28  funds have been fully maximized. Any such encumbered balance

29  remaining undisbursed on December 31 of the same calendar year

30  in which such certification was made shall revert to the fund

31  from which appropriated, except as provided in subsection (3),


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 1  and shall be available for reappropriation by the Legislature.

 2  In the event such certification is not made and an obligation

 3  is proven to be legal, due, and unpaid, then the obligation

 4  shall be paid and charged to the appropriation for the current

 5  fiscal year of the state agency or the legislative or judicial

 6  branch affected.

 7         (b)  Any balance of any appropriation, except an

 8  appropriation for fixed capital outlay, for any given fiscal

 9  year remaining after charging against it any lawful

10  expenditure shall revert to the fund from which appropriated

11  and shall be available for reappropriation by the Legislature.

12         (c)  Each department and the judicial branch shall

13  maintain the integrity of the General Revenue Fund.

14  Appropriations from the General Revenue Fund contained in the

15  original approved budget may be transferred to the proper

16  trust fund for disbursement. Any reversion of appropriation

17  balances from programs which receive funding from the General

18  Revenue Fund and trust funds shall be transferred to the

19  General Revenue Fund within 15 days after such reversion,

20  unless otherwise provided by federal or state law, including

21  the General Appropriations Act. The Executive Office of the

22  Governor or the Chief Justice of the Supreme Court shall

23  determine the state agency or judicial branch programs which

24  are subject to this paragraph. This determination shall be

25  subject to the legislative consultation and objection process

26  in this chapter. The Education Enhancement Trust Fund shall

27  not be subject to the provisions of this section.

28         (2)(a)  The balance of any appropriation for fixed

29  capital outlay which is not disbursed but expended,

30  contracted, or committed to be expended prior to February 1 of

31  the second fiscal year of the appropriation, or the third


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 1  fiscal year if it is for an educational facility as defined in

 2  chapter 1013 or for a construction project of a state

 3  university, shall be certified by the head of the affected

 4  state agency or the legislative or judicial branch on February

 5  1 to the Executive Office of the Governor, showing in detail

 6  the commitment or to whom obligated and the amount of the

 7  commitment or obligation. The Executive Office of the Governor

 8  for the executive branch and the Chief Justice for the

 9  judicial branch shall review and approve or disapprove,

10  consistent with criteria jointly developed by the Executive

11  Office of the Governor and the legislative appropriations

12  committees, the continuation of such unexpended balances. The

13  Executive Office of the Governor shall, no later than February

14  20 of each year, furnish the Chief Financial Officer, the

15  legislative appropriations committees, and the Auditor General

16  a report listing in detail the items and amounts reverting

17  under the authority of this subsection, including the fund to

18  which reverted and the agency affected.

19         (b)  The certification required in this subsection

20  shall be in the form and on the date approved by the Executive

21  Office of the Governor. Any balance that is not certified

22  shall revert to the fund from which it was appropriated and be

23  available for reappropriation.

24         (c)  The balance of any appropriation for fixed capital

25  outlay certified forward under paragraph (a) which is not

26  disbursed but expended, contracted, or committed to be

27  expended prior to the end of the second fiscal year of the

28  appropriation, or the third fiscal year if it is for an

29  educational facility as defined in chapter 1013 or for a

30  construction project of a state university, and any subsequent

31  fiscal year, shall be certified by the head of the affected


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 1  state agency or the legislative or judicial branch on or

 2  before August 1 of each year to the Executive Office of the

 3  Governor, showing in detail the commitment or to whom

 4  obligated and the amount of such commitment or obligation. On

 5  or before September 1 of each year, the Executive Office of

 6  the Governor shall review and approve or disapprove,

 7  consistent with legislative policy and intent, any or all of

 8  the items and amounts certified by the head of the affected

 9  state agency and shall approve all items and amounts certified

10  by the Chief Justice of the Supreme Court and by the

11  legislative branch and shall furnish the Chief Financial

12  Officer, the legislative appropriations committees, and the

13  Auditor General a detailed listing of the items and amounts

14  approved as legal encumbrances against the undisbursed

15  balances of such appropriations. If such certification is not

16  made and the balance of the appropriation has reverted and the

17  obligation is proven to be legal, due, and unpaid, the

18  obligation shall be presented to the Legislature for its

19  consideration.

20         (3)  The President of the Senate and the Speaker of the

21  House of Representatives may notify the Executive Office of

22  the Governor to retain certified-forward balances from

23  legislative budget entities until June 30 of the following

24  fiscal year.

25         (2)(a)  Any balance of any appropriation for fixed

26  capital outlay not disbursed but expended or contracted or

27  committed to be expended shall, at the end of each fiscal

28  year, be certified by the head of the affected state agency or

29  the legislative or judicial branch, on or before August 1 of

30  each year, to the Executive Office of the Governor, showing in

31  detail the commitment or to whom obligated and the amount of


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 1  such commitment or obligation. On or before September 1 of

 2  each year, the Executive Office of the Governor shall review

 3  and approve or disapprove, consistent with legislative policy

 4  and intent, any or all of the items and amounts certified by

 5  the head of the affected state agency and shall approve all

 6  items and amounts certified by the Chief Justice of the

 7  Supreme Court and by the legislative branch and shall furnish

 8  the Chief Financial Officer, the legislative appropriations

 9  committees, and the Auditor General a detailed listing of the

10  items and amounts approved as legal encumbrances against the

11  undisbursed balances of such appropriations. In the event such

12  certification is not made and the balance of the appropriation

13  has reverted and the obligation is proven to be legal, due,

14  and unpaid, then the same shall be presented to the

15  Legislature for its consideration.

16         (b)  Such certification as herein required shall be in

17  the form and on the date approved by the Executive Office of

18  the Governor. Any balance not so certified shall revert to the

19  fund from which appropriated and shall be available for

20  reappropriation.

21         (3)  Notwithstanding the provisions of subsection (2),

22  the unexpended balance of any appropriation for fixed capital

23  outlay subject to but not under the terms of a binding

24  contract or a general construction contract prior to February

25  1 of the second fiscal year, or the third fiscal year if it is

26  for an educational facility as defined in chapter 1013 or a

27  construction project of a state university, of the

28  appropriation shall revert on February 1 of such year to the

29  fund from which appropriated and shall be available for

30  reappropriation. The Executive Office of the Governor shall,

31  not later than February 20 of each year, furnish the Chief


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 1  Financial Officer, the legislative appropriations committees,

 2  and the Auditor General a report listing in detail the items

 3  and amounts reverting under the authority of this subsection,

 4  including the fund to which reverted and the agency affected.

 5         Section 40.  Effective July 1, 2006, subsection (1) of

 6  section 216.301, Florida Statutes, as amended by this act, is

 7  amended to read:

 8         216.301  Appropriations; undisbursed balances.--

 9         (1)(a)  Any balance of any appropriation, except an

10  appropriation for fixed capital outlay, which is not disbursed

11  but which is expended or contracted to be expended shall, at

12  the end of each fiscal year, be certified by the head of the

13  affected state agency or the judicial or legislative branches,

14  on or before August 1 of each year, to the Executive Office of

15  the Governor, showing in detail the obligees to whom obligated

16  and the amounts of such obligations. On or before September 1

17  of each year, the Executive Office of the Governor shall

18  review and approve or disapprove, consistent with legislative

19  policy and intent, any or all of the items and amounts

20  certified by the head of the affected state agency and shall

21  approve all items and amounts certified by the Chief Justice

22  of the Supreme Court for the judicial branch and by the

23  legislative branch and shall furnish the Chief Financial

24  Officer, the legislative appropriations committees, and the

25  Auditor General a detailed listing of the items and amounts

26  approved as legal encumbrances against the undisbursed balance

27  of such appropriation. The review shall assure that trust

28  funds have been fully maximized. Any such encumbered balance

29  remaining undisbursed on September 30 December 31  of the same

30  calendar year in which such certification was made shall

31  revert to the fund from which appropriated, except as provided


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 1  in subsection (3), and shall be available for reappropriation

 2  by the Legislature. In the event such certification is not

 3  made and an obligation is proven to be legal, due, and unpaid,

 4  then the obligation shall be paid and charged to the

 5  appropriation for the current fiscal year of the state agency

 6  or the legislative or judicial branch affected.

 7         (b)  Any balance of any appropriation, except an

 8  appropriation for fixed capital outlay, for any given fiscal

 9  year remaining after charging against it any lawful

10  expenditure shall revert to the fund from which appropriated

11  and shall be available for reappropriation by the Legislature.

12         (c)  Each department and the judicial branch shall

13  maintain the integrity of the General Revenue Fund.

14  Appropriations from the General Revenue Fund contained in the

15  original approved budget may be transferred to the proper

16  trust fund for disbursement. Any reversion of appropriation

17  balances from programs which receive funding from the General

18  Revenue Fund and trust funds shall be transferred to the

19  General Revenue Fund within 15 days after such reversion,

20  unless otherwise provided by federal or state law, including

21  the General Appropriations Act. The Executive Office of the

22  Governor or the Chief Justice of the Supreme Court shall

23  determine the state agency or judicial branch programs which

24  are subject to this paragraph. This determination shall be

25  subject to the legislative consultation and objection process

26  in this chapter. The Education Enhancement Trust Fund shall

27  not be subject to the provisions of this section.

28         Section 41.  Subsection (3) of section 218.60, Florida

29  Statutes, is amended to read:

30         218.60  Definitions.--

31  


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 1         (3)  All estimates of moneys provided pursuant to this

 2  part utilized by participating units of local government in

 3  the first year of participation shall be equal to 95 percent

 4  of those projections made by the revenue estimating conference

 5  and provided to local governments by the Office of Economic

 6  and Demographic Research, in consultation with the Department

 7  of Revenue.

 8         Section 42.  Subsection (2) of section 252.37, Florida

 9  Statutes, is amended to read:

10         252.37  Financing.--

11         (2)  It is the legislative intent that the first

12  recourse be made to funds regularly appropriated to state and

13  local agencies. If the Governor finds that the demands placed

14  upon these funds in coping with a particular disaster declared

15  by the Governor as a state of emergency are unreasonably

16  great, she or he may make funds available by transferring and

17  expending moneys appropriated for other purposes, by

18  transferring and expending moneys out of any unappropriated

19  surplus funds, or from the Budget Stabilization Fund or

20  Working Capital Fund. Following the expiration or termination

21  of the state of emergency, the Governor may process a budget

22  amendment under the notice and review procedures set forth in

23  s. 216.177 to transfer moneys to satisfy the budget authority

24  granted for such emergency.

25         Section 43.  Subsection (3) of section 265.55, Florida

26  Statutes, is amended to read:

27         265.55  Claims.--

28         (3)  The authorization for payment delineated in

29  subsection (2) shall be forwarded to the Chief Financial

30  Officer. The Chief Financial Officer shall take appropriate

31  action to execute authorized payment of the claim from


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 1  unobligated, unappropriated moneys in the General Revenue

 2  Working Capital Fund, as defined in s. 215.32.

 3         Section 44.  Subsection (5) of section 288.7091,

 4  Florida Statutes, is amended to read:

 5         288.7091  Duties of the Florida Black Business

 6  Investment Board, Inc.--The Florida Black Business Investment

 7  Board, Inc., shall:

 8         (5)  Include in the criteria for loan decisions,

 9  occupational forecasting results set forth in s. 216.136(7)

10  (9) which target high growth jobs;

11         Section 45.  Subsection (5) of section 320.20, Florida

12  Statutes, is amended to read:

13         320.20  Disposition of license tax moneys.--The revenue

14  derived from the registration of motor vehicles, including any

15  delinquent fees and excluding those revenues collected and

16  distributed under the provisions of s. 320.081, must be

17  distributed monthly, as collected, as follows:

18         (5)(a)  Except as provided in paragraph (c), the

19  remainder of such revenues must be deposited in the State

20  Transportation Trust Fund.

21         (b)  The Chief Financial Officer each month shall

22  deposit in the State Transportation Trust Fund an amount,

23  drawn from other funds in the State Treasury which are not

24  immediately needed or are otherwise in excess of the amount

25  necessary to meet the requirements of the State Treasury,

26  which when added to such remaining revenues each month will

27  equal one-twelfth of the amount of the anticipated annual

28  revenues to be deposited in the State Transportation Trust

29  Fund under paragraph (a) as determined by the Chief Financial

30  Officer after consultation with the estimated by the most

31  recent revenue estimating conference held pursuant to s.


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 1  216.136(3). The transfers required hereunder may be suspended

 2  by action of the Legislative Budget Commission in the event of

 3  a significant shortfall of state revenues.

 4         (c)  In any month in which the remaining revenues

 5  derived from the registration of motor vehicles exceed

 6  one-twelfth of those anticipated annual remaining revenues as

 7  determined by the Chief Financial Officer after consultation

 8  with the revenue estimating conference, the excess shall be

 9  credited to those state funds in the State Treasury from which

10  the amount was originally drawn, up to the amount which was

11  deposited in the State Transportation Trust Fund under

12  paragraph (b). A final adjustment must be made in the last

13  months of a fiscal year so that the total revenue deposited in

14  the State Transportation Trust Fund each year equals the

15  amount derived from the registration of motor vehicles, less

16  the amount distributed under subsection (1). For the purposes

17  of this paragraph and paragraph (b), the term "remaining

18  revenues" means all revenues deposited into the State

19  Transportation Trust Fund under paragraph (a) and subsections

20  (2) and (3). In order that interest earnings continue to

21  accrue to the General Revenue Fund, the Department of

22  Transportation may not invest an amount equal to the

23  cumulative amount of funds deposited in the State

24  Transportation Trust Fund under paragraph (b) less funds

25  credited under this paragraph as computed on a monthly basis.

26  The amounts to be credited under this and the preceding

27  paragraph must be calculated and certified to the Chief

28  Financial Officer by the Executive Office of the Governor.

29         Section 46.  Section 337.023, Florida Statutes, is

30  amended to read:

31  


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 1         337.023  Sale of building; acceptance of replacement

 2  building.--Notwithstanding the provisions of s.

 3  216.292(2)(b)2. (4)(b), if the department sells a building,

 4  the department may accept the construction of a replacement

 5  building, in response to a request for proposals, totally or

 6  partially in lieu of cash, and may do so without a specific

 7  legislative appropriation. Such action is subject to the

 8  approval of the Executive Office of the Governor, and is

 9  subject to the notice, review, and objection procedures under

10  s. 216.177. The replacement building shall be consistent with

11  the current and projected needs of the department as agreed

12  upon by the department and the Department of Management

13  Services.

14         Section 47.  Paragraph (a) of subsection (2),

15  paragraphs (c) and (f) of subsection (6), and subsection (7)

16  of section 339.135, Florida Statutes, are amended to read:

17         339.135  Work program; legislative budget request;

18  definitions; preparation, adoption, execution, and

19  amendment.--

20         (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND

21  REQUEST FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--

22         (a)  The department shall file the legislative budget

23  request in the manner required by chapter 216, setting forth

24  the department's proposed revenues and expenditures for

25  operational and fixed capital outlay needs to accomplish the

26  objectives of the department in the ensuing fiscal year. The

27  right-of-way, construction, preliminary engineering,

28  maintenance, and all grants and aids programs of the

29  department shall be set forth only in program totals. The

30  legislative budget request must include a balanced 36-month

31  forecast of cash and expenditures and a 5-year finance plan.


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 1  The legislative budget request shall be amended to conform to

 2  the tentative work program. Prior to the submission of the

 3  tentative work program pursuant to s. 339.135(4)(f), the

 4  department may amend its legislative budget request and the

 5  tentative work program for based on the most recent estimating

 6  conference estimate of revenues and the most recent federal

 7  aid apportionments.

 8         (6)  EXECUTION OF THE BUDGET.--

 9         (c)  Notwithstanding the provisions of ss.

10  216.301(2)(3) and 216.351, any unexpended balance remaining at

11  the end of the fiscal year in the appropriations to the

12  department for special categories; aid to local governments;

13  lump sums for project phases which are part of the adopted

14  work program, and for which contracts have been executed or

15  bids have been let; and for right-of-way land acquisition and

16  relocation assistance for parcels from project phases in the

17  adopted work program for which appraisals have been completed

18  and approved, may be certified forward as fixed capital outlay

19  at the end of each fiscal year, to be certified by the head of

20  the state agency on or before August 1 of each year to the

21  Executive Office of the Governor, showing in detail the

22  commitment or to whom obligated and the amount of such

23  commitment or obligation. On or before September 1 of each

24  year, the Executive Office of the Governor shall review and

25  approve or disapprove, consistent with legislative policy and

26  intent, any or all of the items and amounts certified by the

27  head of the state agency and shall furnish the Chief Financial

28  Officer, the legislative appropriations committees, and the

29  Auditor General a detailed listing of the items and amounts

30  approved as legal encumbrances against the undisbursed

31  balances of such appropriations. In the event such


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 1  certification is not made and the balance of the appropriation

 2  has reverted and the obligation is proven to be legal, due,

 3  and unpaid, then the same shall be presented to the

 4  Legislature for its consideration. Such certification as

 5  herein required shall be in the form and on the date approved

 6  by the Executive Office of the Governor under the provisions

 7  of s. 216.301(2)(a). Any project phases in the adopted work

 8  program not certified forward under the provisions of s.

 9  216.301(2)(a) shall be available for roll forward for the next

10  fiscal year of the adopted work program. Spending authority

11  associated with such project phases may be rolled forward to

12  the next fiscal year upon approval by the Legislative Budget

13  Commission pursuant to paragraph (f). Increases in spending

14  authority shall be limited to amounts of unexpended balances

15  by appropriation category. Any project phase certified forward

16  for which bids have been let but subsequently rejected shall

17  be available for roll forward in the adopted work program for

18  the next fiscal year. Spending authority associated with such

19  project phases may be rolled forward into the current year

20  from funds certified forward pursuant to paragraph (f). The

21  amount certified forward may include contingency allowances

22  for right-of-way acquisition and relocation, asphalt and

23  petroleum product escalation clauses, and contract overages,

24  which allowances shall be separately identified in the

25  certification detail. Right-of-way acquisition and relocation

26  and contract overages contingency allowances shall be based on

27  documented historical patterns. These contingency amounts

28  shall be incorporated in the certification for each specific

29  category, but when a category has an excess and another

30  category has a deficiency, the Executive Office of the

31  


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 1  Governor is authorized to transfer the excess to the deficient

 2  account.

 3         (f)  Notwithstanding the provisions of ss. 216.181(1),

 4  216.292, and 216.351, the Executive Office of the Governor may

 5  amend that portion of the department's original approved fixed

 6  capital outlay budget which comprises the work program

 7  pursuant to subsection (7). Increase in spending authority in

 8  paragraph (c) shall be limited to amounts of unexpended

 9  balances by appropriation category.

10         (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--

11         (a)  Notwithstanding the provisions of ss. 216.181(1),

12  216.292, and 216.351, the adopted work program may be amended

13  only pursuant to the provisions of this subsection.

14         (b)  The department may not transfer any funds for any

15  project or project phase between department districts.

16  However, a district secretary may agree to a loan of funds to

17  another district, if:

18         1.  The funds are used solely to maximize the use or

19  amount of funds available to the state;

20         2.  The loan agreement is executed in writing and is

21  signed by the district secretaries of the respective

22  districts;

23         3.  Repayment of the loan is to be made within 3 years

24  after the date on which the agreement was entered into; and

25         4.  The adopted work program of the district loaning

26  the funds would not be substantially impaired if the loan were

27  made, according to the district secretary.

28  

29  The loan constitutes an amendment to the adopted work program

30  and is subject to the procedures specified in paragraph (b)

31  (c) .


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 1         (c)  The department may amend the adopted work program

 2  to transfer fixed capital outlay appropriations  for projects

 3  within the same appropriations category or between

 4  appropriations categories, including department, except that

 5  the following amendments which shall be subject to the

 6  procedures in paragraph (d):

 7         1.  Any amendment which deletes any project or project

 8  phase;

 9         2.  Any amendment which adds a project estimated to

10  cost over $150,000 in funds appropriated by the Legislature;

11         3.  Any amendment which advances or defers to another

12  fiscal year, a right-of-way phase, a construction phase, or a

13  public transportation project phase estimated to cost over

14  $500,000 in funds appropriated by the Legislature, except an

15  amendment advancing or deferring a phase for a period of 90

16  days or less; or

17         4.  Any amendment which advances or defers to another

18  fiscal year, any preliminary engineering phase or design phase

19  estimated to cost over $150,000 in funds appropriated by the

20  Legislature, except an amendment advancing or deferring a

21  phase for a period of 90 days or less.

22         (d)1.  Whenever the department proposes any amendment

23  to the adopted work program, which amendment is defined in

24  subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or

25  subparagraph (c)4., it shall submit the proposed amendment to

26  the Governor for approval and shall immediately notify the

27  chairs of the legislative appropriations committees, the

28  chairs of the legislative transportation committees, each

29  member of the Legislature who represents a district affected

30  by the proposed amendment, each metropolitan planning

31  organization affected by the proposed amendment, and each unit


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 1  of local government affected by the proposed amendment. Such

 2  proposed amendment shall provide a complete justification of

 3  the need for the proposed amendment.

 4         2.  The Governor shall not approve a proposed amendment

 5  until 14 days following the notification required in

 6  subparagraph 1.

 7         3.  If either of the chairs of the legislative

 8  appropriations committees or the President of the Senate or

 9  the Speaker of the House of Representatives objects in writing

10  to a proposed amendment within 14 days following notification

11  and specifies the reasons for such objection, the Governor

12  shall disapprove the proposed amendment or shall submit the

13  proposed amendment to the Administration Commission. The

14  proposed amendment may be approved by the Administration

15  Commission by a two-thirds vote of the members present with

16  the Governor voting in the affirmative. In the absence of

17  approval by the commission, the proposed amendment shall be

18  automatically disapproved.

19         (e)  Notwithstanding the requirements in paragraphs

20  paragraph (d) and (g) and ss. 216.177(2) and 216.351, the

21  secretary may request the Executive Office of the Governor to

22  amend the adopted work program when an emergency exists, as

23  defined in s. 252.34(3), and the emergency relates to the

24  repair or rehabilitation of any state transportation facility.

25  The Executive Office of the Governor may approve the amendment

26  to the adopted work program and amend that portion of the

27  department's approved budget in the event that the delay

28  incident to the notification requirements in paragraph (d)

29  would be detrimental to the interests of the state. However,

30  the department shall immediately notify the parties specified

31  in paragraph (d) and shall provide such parties written


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 1  justification for the emergency action within 7 days of the

 2  approval by the Executive Office of the Governor of the

 3  amendment to the adopted work program and the department's

 4  budget. In no event may the adopted work program be amended

 5  under the provisions of this subsection without the

 6  certification by the comptroller of the department that there

 7  are sufficient funds available pursuant to the 36-month cash

 8  forecast and applicable statutes.

 9         (f)  The department may authorize the investment of the

10  earnings accrued and collected upon the investment of the

11  minimum balance of funds required to be maintained in the

12  State Transportation Trust Fund pursuant to paragraph (b).

13  Such investment shall be limited as provided in s.

14  288.9607(7).

15         (g)  Any work program amendment which also requires the

16  transfer of fixed capital outlay appropriations between

17  categories within the department or the increase of an

18  appropriation category is subject to the approval of the

19  Legislative Budget Commission. If a meeting of the Legislative

20  Budget Commission cannot be held within 30 days of the

21  department submitting an amendment to the Legislative Budget

22  Commission, then the chair and vice chair of the Legislative

23  Budget Commission may authorize such amendment to be approved

24  pursuant to the provisions of s. 216.177.

25         Section 48.  Subsection (2) of section 373.6065,

26  Florida Statutes, is amended to read:

27         373.6065  Adoption benefits for water management

28  district employees.--

29         (2)  The Chief Financial Officer and the Department of

30  Management Services shall transfer funds to water management

31  districts to pay eligible water management district employees


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 1  for these child adoption monetary benefits in accordance with

 2  s. 215.32(2)(c)5.(1)(c)5., as long as funds remain available

 3  for the program described under s. 110.152.

 4         Section 49.  Subsection (3) of section 381.0303,

 5  Florida Statutes, is amended to read:

 6         381.0303  Health practitioner recruitment for special

 7  needs shelters.--

 8         (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The

 9  Department of Health shall reimburse, subject to the

10  availability of funds for this purpose, health care

11  practitioners, as defined in s. 456.001, provided the

12  practitioner is not providing care to a patient under an

13  existing contract, and emergency medical technicians and

14  paramedics licensed pursuant to chapter 401 for medical care

15  provided at the request of the department in special needs

16  shelters or at other locations during times of emergency or

17  major disaster. Reimbursement for health care practitioners,

18  except for physicians licensed pursuant to chapter 458 or

19  chapter 459, shall be based on the average hourly rate that

20  such practitioners were paid according to the most recent

21  survey of Florida hospitals conducted by the Florida Hospital

22  Association. Reimbursement shall be requested on forms

23  prepared by the Department of Health. If a Presidential

24  Disaster Declaration has been made, and the Federal Government

25  makes funds available, the department shall use such funds for

26  reimbursement of eligible expenditures. In other situations,

27  or if federal funds do not fully compensate the department for

28  reimbursement made pursuant to this section, the department

29  shall process submit to the Cabinet or Legislature, as

30  appropriate, a budget amendment to obtain reimbursement from

31  unobligated, unappropriated moneys in the General Revenue


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 1  working capital Fund. Travel expense and per diem costs shall

 2  be reimbursed pursuant to s. 112.061.

 3         Section 50.  Subsection (3) of section 392.69, Florida

 4  Statutes, is amended to read:

 5         392.69  Appropriation, sinking, and maintenance trust

 6  funds; additional powers of the department.--

 7         (3)  In the execution of its public health program

 8  functions, notwithstanding s. 216.292(2)(b)2.(4)(b) , the

 9  department is hereby authorized to use any sums of money which

10  it may heretofore have saved or which it may hereafter save

11  from its regular operating appropriation, or use any sums of

12  money acquired by gift or grant, or any sums of money it may

13  acquire by the issuance of revenue certificates of the

14  hospital to match or supplement any state or federal funds, or

15  any moneys received by said department by gift or otherwise,

16  for the construction or maintenance of additional facilities

17  or improvement to existing facilities, as the department deems

18  necessary.

19         Section 51.  Subsection (5) of section 409.906, Florida

20  Statutes, is amended to read:

21         409.906  Optional Medicaid services.--Subject to

22  specific appropriations, the agency may make payments for

23  services which are optional to the state under Title XIX of

24  the Social Security Act and are furnished by Medicaid

25  providers to recipients who are determined to be eligible on

26  the dates on which the services were provided. Any optional

27  service that is provided shall be provided only when medically

28  necessary and in accordance with state and federal law.

29  Optional services rendered by providers in mobile units to

30  Medicaid recipients may be restricted or prohibited by the

31  agency. Nothing in this section shall be construed to prevent


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 1  or limit the agency from adjusting fees, reimbursement rates,

 2  lengths of stay, number of visits, or number of services, or

 3  making any other adjustments necessary to comply with the

 4  availability of moneys and any limitations or directions

 5  provided for in the General Appropriations Act or chapter 216.

 6  If necessary to safeguard the state's systems of providing

 7  services to elderly and disabled persons and subject to the

 8  notice and review provisions of s. 216.177, the Governor may

 9  direct the Agency for Health Care Administration to amend the

10  Medicaid state plan to delete the optional Medicaid service

11  known as "Intermediate Care Facilities for the Developmentally

12  Disabled." Optional services may include:

13         (5)  CASE MANAGEMENT SERVICES.--The agency may pay for

14  primary care case management services rendered to a recipient

15  pursuant to a federally approved waiver, and targeted case

16  management services for specific groups of targeted

17  recipients, for which funding has been provided and which are

18  rendered pursuant to federal guidelines. The agency is

19  authorized to limit reimbursement for targeted case management

20  services in order to comply with any limitations or directions

21  provided for in the General Appropriations Act.

22  Notwithstanding s. 216.292, the Department of Children and

23  Family Services may transfer general funds to the Agency for

24  Health Care Administration to fund state match requirements

25  exceeding the amount specified in the General Appropriations

26  Act for targeted case management services.

27         Section 52.  Subsection (11) of section 409.912,

28  Florida Statutes, is amended to read:

29         409.912  Cost-effective purchasing of health care.--The

30  agency shall purchase goods and services for Medicaid

31  recipients in the most cost-effective manner consistent with


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 1  the delivery of quality medical care. To ensure that medical

 2  services are effectively utilized, the agency may, in any

 3  case, require a confirmation or second physician's opinion of

 4  the correct diagnosis for purposes of authorizing future

 5  services under the Medicaid program. This section does not

 6  restrict access to emergency services or poststabilization

 7  care services as defined in 42 C.F.R. part 438.114. Such

 8  confirmation or second opinion shall be rendered in a manner

 9  approved by the agency. The agency shall maximize the use of

10  prepaid per capita and prepaid aggregate fixed-sum basis

11  services when appropriate and other alternative service

12  delivery and reimbursement methodologies, including

13  competitive bidding pursuant to s. 287.057, designed to

14  facilitate the cost-effective purchase of a case-managed

15  continuum of care. The agency shall also require providers to

16  minimize the exposure of recipients to the need for acute

17  inpatient, custodial, and other institutional care and the

18  inappropriate or unnecessary use of high-cost services. The

19  agency may mandate prior authorization, drug therapy

20  management, or disease management participation for certain

21  populations of Medicaid beneficiaries, certain drug classes,

22  or particular drugs to prevent fraud, abuse, overuse, and

23  possible dangerous drug interactions. The Pharmaceutical and

24  Therapeutics Committee shall make recommendations to the

25  agency on drugs for which prior authorization is required. The

26  agency shall inform the Pharmaceutical and Therapeutics

27  Committee of its decisions regarding drugs subject to prior

28  authorization. The agency is authorized to limit the entities

29  it contracts with or enrolls as Medicaid providers by

30  developing a provider network through provider credentialing.

31  The agency may limit its network based on the assessment of


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 1  beneficiary access to care, provider availability, provider

 2  quality standards, time and distance standards for access to

 3  care, the cultural competence of the provider network,

 4  demographic characteristics of Medicaid beneficiaries,

 5  practice and provider-to-beneficiary standards, appointment

 6  wait times, beneficiary use of services, provider turnover,

 7  provider profiling, provider licensure history, previous

 8  program integrity investigations and findings, peer review,

 9  provider Medicaid policy and billing compliance records,

10  clinical and medical record audits, and other factors.

11  Providers shall not be entitled to enrollment in the Medicaid

12  provider network. The agency is authorized to seek federal

13  waivers necessary to implement this policy.

14         (11)  The agency, after notifying the Legislature, may

15  apply for waivers of applicable federal laws and regulations

16  as necessary to implement more appropriate systems of health

17  care for Medicaid recipients and reduce the cost of the

18  Medicaid program to the state and federal governments and

19  shall implement such programs, after legislative approval,

20  within a reasonable period of time after federal approval.

21  These programs must be designed primarily to reduce the need

22  for inpatient care, custodial care and other long-term or

23  institutional care, and other high-cost services.

24         (a)  Prior to seeking legislative approval of such a

25  waiver as authorized by this subsection, the agency shall

26  provide notice and an opportunity for public comment. Notice

27  shall be provided to all persons who have made requests of the

28  agency for advance notice and shall be published in the

29  Florida Administrative Weekly not less than 28 days prior to

30  the intended action.

31  


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 1         (b)  Notwithstanding s. 216.292, funds that are

 2  appropriated to the Department of Elderly Affairs for the

 3  Assisted Living for the Elderly Medicaid waiver and are not

 4  expended shall be transferred to the agency to fund

 5  Medicaid-reimbursed nursing home care.

 6         Section 53.  Section 409.16745, Florida Statutes, is

 7  amended to read:

 8         409.16745  Community partnership matching grant

 9  program.--It is the intent of the Legislature to improve

10  services and local participation in community-based care

11  initiatives by fostering community support and providing

12  enhanced prevention and in-home services, thereby reducing the

13  risk otherwise faced by lead agencies. There is established a

14  community partnership matching grant program to be operated by

15  the Department of Children and Family Services for the purpose

16  of encouraging local participation in community-based care for

17  child welfare. Any children's services council or other local

18  government entity that makes a financial commitment to a

19  community-based care lead agency is eligible for a grant upon

20  proof that the children's services council or local government

21  entity has provided the selected lead agency at least $250,000

22  from any local resources otherwise available to it. The total

23  amount of local contribution may be matched on a two-for-one

24  basis up to a maximum amount of $2 million per council or

25  local government entity. Awarded matching grant funds may be

26  used for any prevention or in-home services provided by the

27  children's services council or other local government entity

28  that meets temporary-assistance-for-needy-families'

29  eligibility requirements and can be reasonably expected to

30  reduce the number of children entering the child welfare

31  system. To ensure necessary flexibility for the development,


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 1  start up, and ongoing operation of community-based care

 2  initiatives, the notice period required for any budget action

 3  authorized by the provisions of s. 20.19(5)(b), is waived for

 4  the family safety program; however, the Department of Children

 5  and Family Services must provide copies of all such actions to

 6  the Executive Office of the Governor and Legislature within 72

 7  hours of their occurrence. Funding available for the matching

 8  grant program is subject to legislative appropriation of

 9  nonrecurring funds provided for the purpose.

10         Section 54.  Subsection (2) of section 468.392, Florida

11  Statutes, is amended to read:

12         468.392  Auctioneer Recovery Fund.--There is created

13  the Auctioneer Recovery Fund as a separate account in the

14  Professional Regulation Trust Fund. The fund shall be

15  administered by the Florida Board of Auctioneers.

16         (2)  All payments and disbursements from the Auctioneer

17  Recovery Fund shall be made by the Chief Financial Officer

18  upon a voucher signed by the Secretary of Business and

19  Professional Regulation or the secretary's designee. Amounts

20  transferred to the Auctioneer Recovery Fund shall not be

21  subject to any limitation imposed by an appropriation act of

22  the Legislature.

23         Section 55.  Subsection (6) of section 475.484, Florida

24  Statutes, is amended to read:

25         475.484  Payment from the fund.--

26         (6)  All payments and disbursements from the Real

27  Estate Recovery Fund shall be made by the Chief Financial

28  Officer upon a voucher signed by the secretary of the

29  department. Amounts transferred to the Real Estate Recovery

30  Fund shall not be subject to any limitation imposed by an

31  appropriation act of the Legislature.


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 1         Section 56.  Paragraph (b) of subsection (7) of section

 2  631.141, Florida Statutes, is amended to read:

 3         631.141  Conduct of delinquency proceeding; domestic

 4  and alien insurers.--

 5         (7)

 6         (b)  In the event that initiation of delinquency

 7  proceedings does not result in appointment of the department

 8  as receiver, or in the event that the funds or assets of an

 9  insurer for which the department is appointed as receiver are

10  insufficient to cover the cost of compensation to special

11  agents, counsel, clerks, or assistants and all expenses of

12  taking, or attempting to take, possession of the insurer, and

13  of conducting the proceeding, there is appropriated, upon

14  approval of the Chief Financial Officer and of the Legislative

15  Budget Commission pursuant to chapter 216, from the Insurance

16  Regulation Trust Fund to the Division of Rehabilitation and

17  Liquidation a sum that is sufficient to cover the unreimbursed

18  costs.

19         Section 57.  Paragraph (b) of subsection (9) of section

20  921.001, Florida Statutes, is amended to read:

21         921.001  Sentencing Commission and sentencing

22  guidelines generally.--

23         (9)

24         (b)  On or after January 1, 1994, any legislation

25  which:

26         1.  Creates a felony offense;

27         2.  Enhances a misdemeanor offense to a felony offense;

28         3.  Moves a felony offense from a lesser offense

29  severity level to a higher offense severity level in the

30  offense severity ranking chart in s. 921.0012; or

31  


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 1         4.  Reclassifies an existing felony offense to a

 2  greater felony classification

 3  

 4  must provide that such a change result in a net zero sum

 5  impact in the overall prison population, as determined by the

 6  Legislature, considering the most recent estimates of the

 7  Criminal Justice Estimating Conference, unless the legislation

 8  contains a funding source sufficient in its base or rate to

 9  accommodate such change or a provision which specifically

10  abrogates the application of this paragraph.

11         Section 58.  Subsection (3) of section 943.61, Florida

12  Statutes, is amended to read:

13         943.61  Powers and duties of the Capitol Police.--

14         (3)  Notwithstanding the provisions of chapter 216, no

15  assets, personnel, or resources shall be taken from the

16  Capitol Police, and no appropriation to the Capitol Police

17  shall be reduced without the express approval of the Governor

18  and the Legislative Budget Commission. Nothing herein limits

19  the ability of the Capitol Police to provide mutual aid to

20  other law enforcement agencies as authorized by law unless

21  such a limitation is expressly included in the operational

22  security plans provided for herein.

23         Section 59.  Paragraph (a) of subsection (4) of section

24  1003.03, Florida Statutes, is amended to read:

25         1003.03  Maximum class size.--

26         (4)  ACCOUNTABILITY.--

27         (a)  Beginning in the 2003-2004 fiscal year, if the

28  department determines for any year that a school district has

29  not reduced average class size as required in subsection (2)

30  at the time of the third FEFP calculation, the department

31  shall calculate an amount from the class size reduction


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 1  operating categorical which is proportionate to the amount of

 2  class size reduction not accomplished. Upon verification of

 3  the department's calculation by the Florida Education Finance

 4  Program Appropriation Allocation Conference, the Executive

 5  Office of the Governor shall transfer undistributed funds

 6  equivalent to the calculated amount from the district's class

 7  size reduction operating categorical to an approved fixed

 8  capital outlay appropriation for class size reduction in the

 9  affected district pursuant to s. 216.292(2)(d)(13). The amount

10  of funds transferred shall be the lesser of the amount

11  verified by the Florida Education Finance Program

12  Appropriation Allocation Conference or the undistributed

13  balance of the district's class size reduction operating

14  categorical. However, based upon a recommendation by the

15  Commissioner of Education that the State Board of Education

16  has reviewed evidence indicating that a district has been

17  unable to meet class size reduction requirements despite

18  appropriate effort to do so, the Legislative Budget Commission

19  may approve an alternative amount of funds to be transferred

20  from the district's class size reduction operating categorical

21  to its approved fixed capital outlay account for class size

22  reduction.

23         Section 60.  Paragraph (a) of subsection (1) of section

24  1009.536, Florida Statutes, is amended to read:

25         1009.536  Florida Gold Seal Vocational Scholars

26  award.--The Florida Gold Seal Vocational Scholars award is

27  created within the Florida Bright Futures Scholarship Program

28  to recognize and reward academic achievement and career

29  preparation by high school students who wish to continue their

30  education.

31  


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 1         (1)  A student is eligible for a Florida Gold Seal

 2  Vocational Scholars award if the student meets the general

 3  eligibility requirements for the Florida Bright Futures

 4  Scholarship Program and the student:

 5         (a)  Completes the secondary school portion of a

 6  sequential program of studies that requires at least three

 7  secondary school career credits taken over at least 2 academic

 8  years, and is continued in a planned, related postsecondary

 9  education program. If the student's school does not offer such

10  a two-plus-two or tech-prep program, the student must complete

11  a job-preparatory career education program selected by the

12  Workforce Estimating Conference or Workforce Florida, Inc.,

13  for its ability to provide high-wage employment in an

14  occupation with high potential for employment opportunities.

15  On-the-job training may not be substituted for any of the

16  three required career credits.

17         Section 61.  Subsection (2) of section 1013.512,

18  Florida Statutes, is amended to read:

19         1013.512  Land Acquisition and Facilities Advisory

20  Board.--

21         (2)  If the director of the Office of Program Policy

22  Analysis and Government Accountability (OPPAGA) or the Auditor

23  General determines in a review or examination that significant

24  deficiencies exist in a school district's land acquisition and

25  facilities operational processes, he or she shall certify to

26  the President of the Senate, the Speaker of the House of

27  Representatives, the Legislative Budget Commission, and the

28  Governor that the deficiency exists. Upon recommendation by

29  the Governor, the Legislative Budget Commission shall approve

30  or disapprove the placement of determine whether funds for the

31  


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 1  school district funds will be placed in reserve until the

 2  deficiencies are corrected.

 3         Section 62.  Any undisbursed appropriations made from

 4  the Working Capital Fund, previously created in section

 5  215.32, Florida Statutes, are reappropriated from unallocated

 6  moneys in the General Revenue Fund; any appropriations made to

 7  the Working Capital Fund are reappropriated to the General

 8  Revenue Fund; and any references to the Working Capital Fund

 9  in SB 2600 or SB 2602, or similar legislation, shall be

10  replaced with "the General Revenue Fund." It is the intent of

11  the Legislature that the provisions of this section control in

12  the event SB 2600 or SB 2602, or other similar legislation,

13  are enacted subsequently during the 2005 Regular Session. This

14  section expires July 1, 2006.

15         Section 63.  Sections 216.1825, 216.183, and 288.1234,

16  Florida Statutes, are repealed.

17         Section 64.  Except as otherwise provided herein, this

18  act shall take effect July 1, 2005.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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