November 24, 2020
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114533
  Amendment
Bill No. 2610
Amendment No. 114533
CHAMBER ACTION
Senate House
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1Representative(s) Brummer offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (8) of section 14.2015, Florida
6Statutes, is amended to read:
7     14.2015  Office of Tourism, Trade, and Economic
8Development; creation; powers and duties.--
9     (8)  The Office of Tourism, Trade, and Economic Development
10shall ensure that the contract between the Florida Commission on
11Tourism and the commission's direct-support organization
12contains a provision to provide the data on the visitor counts
13and visitor profiles used in revenue estimating, employing the
14same methodology used in fiscal year 1995-1996 by the Department
15of Commerce. The Office of Tourism, Trade, and Economic
16Development and the Florida Commission on Tourism must advise
17and consult reach agreement with the Consensus Estimating
18Conference principals before making any changes in methodology
19used or information gathered.
20     Section 2.  Paragraph (b) of subsection (5) of section
2120.19, Florida Statutes, is amended to read:
22     20.19  Department of Children and Family Services.--There
23is created a Department of Children and Family Services.
24     (5)  SERVICE DISTRICTS.--
25     (b)1.  The secretary shall appoint a district administrator
26for each of the service districts. The district administrator
27shall serve at the pleasure of the secretary and shall perform
28such duties as assigned by the secretary. Subject to the
29approval of the secretary, such duties shall include
30transferring up to 10 percent of the total district budget, the
31provisions of ss. 216.292 and 216.351 notwithstanding.
32     2.  For the 2003-2004 fiscal year only, the transfer
33authority provided in this subsection must be specifically
34appropriated in the 2003-2004 General Appropriations Act and
35shall be pursuant to the requirements of s. 216.292. This
36subparagraph expires July 1, 2004.
37     3.  For the 2004-2005 fiscal year only, the transfer
38authority provided in this subsection is available to the
39department without further restriction other than as contained
40in this subsection. This subparagraph expires July 1, 2005.
41     Section 3.  Paragraph (d) of subsection (4) of section
4220.316, Florida Statutes, is amended to read:
43     20.316  Department of Juvenile Justice.--There is created a
44Department of Juvenile Justice.
45     (4)  INFORMATION SYSTEMS.--
46     (d)  The management information system shall, at a minimum:
47     1.  Facilitate case management of juveniles referred to or
48placed in the department's custody.
49     2.  Provide timely access to current data and computing
50capacity to support outcome evaluation, legislative oversight,
51the Juvenile Justice Estimating Conference, and other research.
52     3.  Provide automated support to the quality assurance and
53program review functions.
54     4.  Provide automated support to the contract management
55process.
56     5.  Provide automated support to the facility operations
57management process.
58     6.  Provide automated administrative support to increase
59efficiency, provide the capability of tracking expenditures of
60funds by the department or contracted service providers that are
61eligible for federal reimbursement, and reduce forms and
62paperwork.
63     7.  Facilitate connectivity, access, and utilization of
64information among various state agencies, and other state,
65federal, local, and private agencies, organizations, and
66institutions.
67     8.  Provide electronic public access to juvenile justice
68information, which is not otherwise made confidential by law or
69exempt from the provisions of s. 119.07(1).
70     9.  Provide a system for the training of information system
71users and user groups.
72     Section 4.  Effective July 1, 2006, section 45.062, Florida
73Statutes, is amended to read:
74     45.062  Settlements, conditions, or orders when an agency
75of the executive branch is a party.--
76     (1)  In any civil action in which a state executive branch
77agency or officer is a party in state or federal court, the
78officer, agent, official, or attorney who represents or is
79acting on behalf of such agency or officer may not settle such
80action, consent to any condition, or agree to any order in
81connection therewith, if the settlement, condition, or order
82requires the expenditure of or the obligation to expend any
83state funds or other state resources exceeding $1 million, the
84refund or future loss of state revenues exceeding $10 million,
85or the establishment of any new program, unless:
86     (a)  The expenditure is provided for by an existing
87appropriation or program established by law.; and
88     (b)  At the time settlement negotiations have begun in
89earnest, written notification is given to the President of the
90Senate, the Speaker of the House of Representatives, the Senate
91and House of Representatives minority leaders, the chairs of the
92appropriations committees of the Legislature, and the Attorney
93General.
94     (c)(b)  Prior written notification is given at least within
955 business days, or as soon thereafter as practicable, before of
96the date the settlement or presettlement agreement or order is
97to be made final to the President of the Senate, the Speaker of
98the House of Representatives, the Senate and House of
99Representatives minority leaders, the chairs of the
100appropriations committees of the Legislature, and the Attorney
101General. Such notification shall specify how the agency involved
102will address the costs in future years within the limits of
103current appropriations.
104     1.  The Division of Risk Management need not give the
105notification required by this paragraph when settling any claim
106covered by the state self-insurance program for an amount less
107than $250,000.
108     2.  The notification specified in this paragraph is not
109required if:
110     a.  The only settlement obligation of the state resulting
111from the claim is to pay court costs in an amount less than
112$10,000;
113     b.  Notification would preclude the state's participation
114in multistate litigation;
115     c.  Notification is precluded by federal law or regulation;
116     d.  Notification is precluded by court rule or sanction;
117     e.  The head of the primary state agency involved in the
118litigation certifies to the President of the Senate and the
119Speaker of the House of Representatives, in writing within 5
120days after the settlement, the specific reasons prior
121notification could not be provided;
122     f.  Settlement or presettlement negotiations are being
123conducted with fewer than all of the opposing parties; or
124     g.  The President of the Senate and the Speaker of the
125House of Representatives or the chairs of the appropriations
126committees of the Legislature, acting in the best interest of
127the state, waive notification.
128     (2)  The state executive branch agency or officer shall
129negotiate a closure date as soon as possible for the civil
130action.
131     (3)  The state executive branch agency or officer may not
132pledge any current or future action of another branch of state
133government as a condition for settling the civil action.
134     (4)  Any settlement that commits the state to spending in
135excess of current appropriations or to policy changes
136inconsistent with current state law shall be contingent upon and
137subject to legislative appropriation or statutory amendment. The
138state agency or officer may agree to use all efforts to procure
139legislative funding or statutory amendment.
140     (5)  When a state agency or officer settles an action or
141legal claim in which the state asserted a right to recover
142money, all moneys paid to the state by a party in full or
143partial exchange for a release of the state's claim shall be
144placed into the General Revenue Fund or the appropriate trust
145fund.
146     (6)(5)  State executive branch agencies and officers shall
147report to each substantive and fiscal committee of the
148Legislature having jurisdiction over the reporting agency on all
149potential settlements that may commit the state to:
150     (a)  Spend in excess of current appropriations; or
151     (b)  Make policy changes inconsistent with current state
152law.
153
154The state executive branch agency or officer shall provide
155periodic updates to the appropriate legislative committees on
156these issues during the settlement process.
157     Section 5.  Subsection (1) of section 110.1239, Florida
158Statutes, is amended to read:
159     110.1239  State group health insurance program funding.--It
160is the intent of the Legislature that the state group health
161insurance program be managed, administered, operated, and funded
162in such a manner as to maximize the protection of state employee
163health insurance benefits. Inherent in this intent is the
164recognition that the health insurance liabilities attributable
165to the benefits offered state employees should be fairly,
166orderly, and equitably funded. Accordingly:
167     (1)  The division shall determine the level of premiums
168necessary to fully fund the state group health insurance program
169for the next fiscal year. Such determination shall be made after
170each Self-Insurance Estimating Conference as provided in s.
171216.136(9)(11), but not later than December 1 and April 1 of
172each fiscal year.
173     Section 6.  Paragraph (b) of subsection (1) of section
174110.1245, Florida Statutes, is amended to read:
175     110.1245  Savings sharing program; bonus payments; other
176awards.--
177     (1)
178     (b)  Each agency head shall recommend employees
179individually or by group to be awarded an amount of money, which
180amount shall be directly related to the cost savings realized.
181Each proposed award and amount of money must be approved by the
182Legislative Budget Budgeting Commission.
183     Section 7.  Section 215.32, Florida Statutes, is amended to
184read:
185     215.32  State funds; segregation.--
186     (1)  All moneys received by the state shall be deposited in
187the State Treasury unless specifically provided otherwise by law
188and shall be deposited in and accounted for by the Chief
189Financial Officer within the following funds, which funds are
190hereby created and established:
191     (a)  General Revenue Fund.
192     (b)  Trust funds.
193     (c)  Working Capital Fund.
194     (c)(d)  Budget Stabilization Fund.
195     (2)  The source and use of each of these funds shall be as
196follows:
197     (a)  The General Revenue Fund shall consist of all moneys
198received by the state from every source whatsoever, except as
199provided in paragraphs (b) and (c). Such moneys shall be
200expended pursuant to General Revenue Fund appropriations acts,
201or transferred as provided in paragraph (c), or maintained as
202unallocated general revenue. Unallocated general revenue shall
203be considered the working capital balance of the state and shall
204consist of moneys in the General Revenue Fund that are in excess
205of the amount needed to meet General Revenue Fund appropriations
206for the current fiscal year. Annually, at least 5 percent of the
207estimated increase in General Revenue Fund receipts for the
208upcoming fiscal year over the current year General Revenue Fund
209effective appropriations shall be appropriated for state-level
210capital outlay, including infrastructure improvement and general
211renovation, maintenance, and repairs.
212     (b)1.  The trust funds shall consist of moneys received by
213the state which under law or under trust agreement are
214segregated for a purpose authorized by law. The state agency or
215branch of state government receiving or collecting such moneys
216shall be responsible for their proper expenditure as provided by
217law. Upon the request of the state agency or branch of state
218government responsible for the administration of the trust fund,
219the Chief Financial Officer may establish accounts within the
220trust fund at a level considered necessary for proper
221accountability. Once an account is established within a trust
222fund, the Chief Financial Officer may authorize payment from
223that account only upon determining that there is sufficient cash
224and releases at the level of the account.
225     2.  In addition to other trust funds created by law, to the
226extent possible, each agency shall use the following trust funds
227as described in this subparagraph for day-to-day operations:
228     a.  Operations or operating trust fund, for use as a
229depository for funds to be used for program operations funded by
230program revenues, with the exception of administrative
231activities when the operations or operating trust fund is a
232proprietary fund.
233     b.  Operations and maintenance trust fund, for use as a
234depository for client services funded by third-party payors.
235     c.  Administrative trust fund, for use as a depository for
236funds to be used for management activities that are departmental
237in nature and funded by indirect cost earnings and assessments
238against trust funds. Proprietary funds are excluded from the
239requirement of using an administrative trust fund.
240     d.  Grants and donations trust fund, for use as a
241depository for funds to be used for allowable grant or donor
242agreement activities funded by restricted contractual revenue
243from private and public nonfederal sources.
244     e.  Agency working capital trust fund, for use as a
245depository for funds to be used pursuant to s. 216.272.
246     f.  Clearing funds trust fund, for use as a depository for
247funds to account for collections pending distribution to lawful
248recipients.
249     g.  Federal grant trust fund, for use as a depository for
250funds to be used for allowable grant activities funded by
251restricted program revenues from federal sources.
252
253To the extent possible, each agency must adjust its internal
254accounting to use existing trust funds consistent with the
255requirements of this subparagraph. If an agency does not have
256trust funds listed in this subparagraph and cannot make such
257adjustment, the agency must recommend the creation of the
258necessary trust funds to the Legislature no later than the next
259scheduled review of the agency's trust funds pursuant to s.
260215.3206.
261     3.  All such moneys are hereby appropriated to be expended
262in accordance with the law or trust agreement under which they
263were received, subject always to the provisions of chapter 216
264relating to the appropriation of funds and to the applicable
265laws relating to the deposit or expenditure of moneys in the
266State Treasury.
267     4.a.  Notwithstanding any provision of law restricting the
268use of trust funds to specific purposes, unappropriated cash
269balances from selected trust funds may be authorized by the
270Legislature for transfer to the Budget Stabilization Fund and
271General Revenue Working Capital Fund in the General
272Appropriations Act.
273     b.  This subparagraph does not apply to trust funds
274required by federal programs or mandates; trust funds
275established for bond covenants, indentures, or resolutions whose
276revenues are legally pledged by the state or public body to meet
277debt service or other financial requirements of any debt
278obligations of the state or any public body; the State
279Transportation Trust Fund; the trust fund containing the net
280annual proceeds from the Florida Education Lotteries; the
281Florida Retirement System Trust Fund; trust funds under the
282management of the State Board of Education Board of Regents,
283where such trust funds are for auxiliary enterprises, self-
284insurance, and contracts, grants, and donations, as those terms
285are defined by general law; trust funds that serve as clearing
286funds or accounts for the Chief Financial Officer or state
287agencies; trust funds that account for assets held by the state
288in a trustee capacity as an agent or fiduciary for individuals,
289private organizations, or other governmental units; and other
290trust funds authorized by the State Constitution.
291     (c)1.  The Budget Stabilization Fund shall consist of
292amounts equal to at least 5 percent of net revenue collections
293for the General Revenue Fund during the last completed fiscal
294year. The Budget Stabilization Fund's principal balance shall
295not exceed an amount equal to 10 percent of the last completed
296fiscal year's net revenue collections for the General Revenue
297Fund. As used in this paragraph, the term "last completed fiscal
298year" means the most recently completed fiscal year prior to the
299regular legislative session at which the Legislature considers
300the General Appropriations Act for the year in which the
301transfer to the Budget Stabilization Fund must be made under
302this paragraph.
303     2.  By September 15 of each year, the Governor shall
304authorize the Chief Financial Officer to transfer, and the Chief
305Financial Officer shall transfer pursuant to appropriations made
306by law, to the Budget Stabilization Fund the amount of money
307needed for the balance of that fund to equal the amount
308specified in subparagraph 1., less any amounts expended and not
309restored. The moneys needed for this transfer may be
310appropriated by the Legislature from any funds.
311     3.  Unless otherwise provided in this subparagraph, an
312expenditure from the Budget Stabilization Fund must be restored
313pursuant to a restoration schedule that provides for making five
314equal annual transfers from the General Revenue Fund, beginning
315in the third fiscal year following that in which the expenditure
316was made. For any Budget Stabilization Fund expenditure, the
317Legislature may establish by law a different restoration
318schedule and such change may be made at any time during the
319restoration period. Moneys are hereby appropriated for transfers
320pursuant to this subparagraph.
321     4.  The Budget Stabilization Fund and the Working Capital
322Fund may be used as a revolving fund funds for transfers as
323provided in s. 215.18 17.61; however, any interest earned must
324be deposited in the General Revenue Fund.
325     5.  The Chief Financial Officer and the Department of
326Management Services shall transfer funds to water management
327districts to pay eligible water management district employees
328for all benefits due under s. 373.6065, as long as funds remain
329available for the program described under s. 110.152 100.152.
330     (d)  The Working Capital Fund shall consist of moneys in
331the General Revenue Fund which are in excess of the amount
332needed to meet General Revenue Fund appropriations for the
333current fiscal year. Each year, no later than the publishing
334date of the annual financial statements for the state by the
335Chief Financial Officer under s. 216.102, funds shall be
336transferred between the Working Capital Fund and the General
337Revenue Fund to establish the balance of the Working Capital
338Fund for that fiscal year at the amount determined pursuant to
339this paragraph.
340     Section 8.  Paragraphs (a) and (f) of subsection (5) of
341section 215.5601, Florida Statutes, are amended to read:
342     215.5601  Lawton Chiles Endowment Fund.--
343     (5)  AVAILABILITY OF FUNDS; USES.--
344     (a)  Funds from the endowment which are available for
345legislative appropriation shall be transferred by the board to
346the Department of Financial Services Tobacco Settlement Clearing
347Trust Fund, created in s. 17.41, and disbursed in accordance
348with the legislative appropriation.
349     1.  Appropriations by the Legislature to the Department of
350Health from endowment earnings from the principal set aside for
351biomedical research shall be from a category called the James
352and Esther King Biomedical Research Program and shall be
353deposited into the Biomedical Research Trust Fund in the
354Department of Health established in s. 20.435.
355     2.  Appropriations by the Legislature to the Department of
356Children and Family Services, the Department of Health, or the
357Department of Elderly Affairs from endowment earnings for health
358and human services programs shall be from a category called the
359Lawton Chiles Endowment Fund Programs and shall be deposited
360into each department's respective Tobacco Settlement Trust Fund
361as appropriated.
362     (f)  When advised by the Revenue Estimating Conference that
363a deficit will occur with respect to the appropriations from the
364tobacco settlement trust funds of the state agencies in any
365fiscal year, the Governor shall develop a plan of action to
366eliminate the deficit. Before implementing the plan of action,
367the Governor must comply with s. 216.177(2). In developing the
368plan of action, the Governor shall, to the extent possible,
369preserve legislative policy and intent, and, absent any specific
370directions to the contrary in the General Appropriations Act,
371any reductions in appropriations from the tobacco settlement
372trust funds of the state agencies for a fiscal year shall be
373prorated among the specific appropriations made from all tobacco
374settlement trust funds of the state agencies for that year.
375     Section 9.  Subsection (3) of section 215.93, Florida
376Statutes, is amended to read:
377     215.93  Florida Financial Management Information System.--
378     (3)  The Florida Financial Management Information System
379shall include financial management data and utilize the chart of
380accounts approved by the Chief Financial Officer. Common
381financial management data shall include, but not be limited to,
382data codes, titles, and definitions used by one or more of the
383functional owner subsystems. The Florida Financial Management
384Information System shall utilize common financial management
385data codes. The council shall recommend and the board shall
386adopt policies regarding the approval and publication of the
387financial management data. The Chief Financial Officer shall
388adopt policies regarding the approval and publication of the
389chart of accounts. The Chief Financial Officer's chart of
390accounts shall be consistent with the common financial
391management data codes established by the coordinating council.
392Further, all systems not a part of the Florida Financial
393Management Information System which provide information to the
394system shall use the common data codes from the Florida
395Financial Management Information System and the Chief Financial
396Officer's chart of accounts. Data codes that cannot be supplied
397by the Florida Financial Management Information System and the
398Chief Financial Officer's chart of accounts and that are
399required for use by the information subsystems shall be approved
400by the board upon recommendation of the coordinating council.
401However, board approval shall not be required for those data
402codes specified by the Auditor General under the provisions of
403s. 215.94(6)(c).
404     Section 10.  Subsection (6) of section 215.94, Florida
405Statutes, is amended to read:
406     215.94  Designation, duties, and responsibilities of
407functional owners.--
408     (6)(a)  Consistent with the provisions of s. 215.86, the
409respective functional owner of each information subsystem shall
410be responsible for ensuring The Auditor General shall be advised
411by the functional owner of each information subsystem as to the
412date that the development or significant modification of its
413functional system specifications is to begin.
414     (b)  Upon such notification, the Auditor General shall
415participate with each functional owner to the extent necessary
416to provide assurance that:
417     1.  The accounting information produced by the information
418subsystem adheres to generally accepted accounting principles.
419     2.  The information subsystem contains the necessary
420controls to maintain its integrity, within acceptable limits and
421at an acceptable cost.
422     3.  The information subsystem is auditable.
423     (b)(c)  The Auditor General shall be advised by the
424functional owner of each information subsystem as to the date
425that the development or significant modification of its
426functional system specifications is to begin. The Auditor
427General shall provide technical advice, as allowed by
428professional auditing standards, on specific issues relating to
429the design, implementation, and operation of each information
430subsystem specify those additional features, characteristics,
431controls, and internal control measures deemed necessary to
432carry out the provisions of this subsection. Further, it shall
433be the responsibility of each functional owner to ensure
434installation and incorporation of such specified features,
435characteristics, controls, and internal control measures within
436each information subsystem.
437     Section 11.  Section 215.97, Florida Statutes, is amended
438to read:
439     215.97  Florida Single Audit Act.--
440     (1)  The purposes of the section are to:
441     (a)  Establish uniform state audit requirements for state
442financial assistance provided by state agencies to nonstate
443entities to carry out state projects.
444     (b)  Promote sound financial management, including
445effective internal controls, with respect to state financial
446assistance administered by nonstate entities.
447     (c)  Promote audit economy and efficiency by relying to the
448extent possible on already required audits of federal financial
449assistance provided to nonstate entities.
450     (d)  Provide for identification of state financial
451assistance transactions in the appropriations act, state
452accounting records, and recipient organization records.
453     (e)  Promote improved coordination and cooperation within
454and between affected state agencies providing state financial
455assistance and nonstate entities receiving state assistance.
456     (f)  Ensure, to the maximum extent possible, that state
457agencies monitor, use, and followup on audits of state financial
458assistance provided to nonstate entities.
459     (2)  Definitions; as used in this section, the term:
460     (a)  "Audit threshold" means the threshold amount used to
461determine to use in determining when a state single audit or
462project-specific audit of a nonstate entity shall be conducted
463in accordance with this section. Each nonstate entity that
464expends a total amount of state financial assistance equal to or
465in excess of $500,000 $300,000 in any fiscal year of such
466nonstate entity shall be required to have a state single audit,
467or a project-specific audit, for such fiscal year in accordance
468with the requirements of this section. Every 2 years the Auditor
469General, after consulting with the Executive Office of the
470Governor, the Department of Financial Services Chief Financial
471Officer, and all state awarding agencies that provide state
472financial assistance to nonstate entities, shall review the
473threshold amount for requiring audits under this section and may
474adjust such threshold dollar amount consistent with the purposes
475purpose of this section.
476     (b)  "Auditing standards" means the auditing standards as
477stated in the rules of the Auditor General as applicable to for-
478profit organizations, nonprofit organizations, or local
479governmental entities.
480     (c)  "Catalog of State Financial Assistance" means a
481comprehensive listing of state projects. The Catalog of State
482Financial Assistance shall be issued by the Department of
483Financial Services Executive Office of the Governor after
484conferring with the Executive Office of the Governor Chief
485Financial Officer and all state awarding agencies that provide
486state financial assistance to nonstate entities. The Catalog of
487State Financial Assistance shall include for each listed state
488project: the responsible state awarding agency; standard state
489project number identifier; official title; legal authorization;
490and description of the state project, including objectives,
491restrictions, application and awarding procedures, and other
492relevant information determined necessary.
493     (d)  "Coordinating agency" means the state awarding agency
494that provides the predominant amount of state financial
495assistance expended by a recipient, as determined by the
496recipient's Schedule of Expenditures of State Financial
497Assistance. To provide continuity, the determination of the
498predominant amount of state financial assistance shall be based
499upon state financial assistance expended in the recipient's
500fiscal years ending in 2006, 2009, and 2012, and every third
501year thereafter.
502     (e)(d)  "Financial reporting package" means the nonstate
503entities' financial statements, Schedule of Expenditures of
504State Financial Assistance, auditor's reports, management
505letter, auditee's written responses or corrective action plan,
506correspondence on followup of prior years' corrective actions
507taken, and such other information determined by the Auditor
508General to be necessary and consistent with the purposes of this
509section.
510     (f)(e)  "Federal financial assistance" means financial
511assistance from federal sources passed through the state and
512provided to nonstate organizations entities to carry out a
513federal program. "Federal financial assistance" includes all
514types of federal assistance as defined in applicable United
515States Office of Management and Budget circulars.
516     (g)(f)  "For-profit organization" means any organization or
517sole proprietor that but is not a local governmental entity or a
518nonprofit organization.
519     (h)(g)  "Independent auditor" means an independent external
520state or local government auditor or a certified public
521accountant licensed under chapter 473 who meets the independence
522standards.
523     (i)(h)  "Internal control over state projects" means a
524process, effected by a nonstate an entity's management and other
525personnel, designed to provide reasonable assurance regarding
526the achievement of objectives in the following categories:
527     1.  Effectiveness and efficiency of operations.
528     2.  Reliability of financial operations.
529     3.  Compliance with applicable laws and regulations.
530     (j)(i)  "Local governmental entity" means a county as a
531whole agency, municipality, or special district or any other
532entity excluding (other than a district school board, charter
533school, or community college), or public university, however
534styled, which independently exercises any type of governmental
535function within the state.
536     (k)(j)  "Major state project" means any state project
537meeting the criteria as stated in the rules of the Department of
538Financial Services Executive Office of the Governor. Such
539criteria shall be established after consultation with all the
540Chief Financial Officer and appropriate state awarding agencies
541that provide state financial assistance and shall consider the
542amount of state project expenditures and or expenses or inherent
543risks. Each major state project shall be audited in accordance
544with the requirements of this section.
545     (l)(k)  "Nonprofit organization" means any corporation,
546trust, association, cooperative, or other organization that:
547     1.  Is operated primarily for scientific, educational
548service, charitable, or similar purpose in the public interest.;
549     2.  Is not organized primarily for profit.;
550     3.  Uses net proceeds to maintain, improve, or expand the
551operations of the organization.; and
552     4.  Has no part of its income or profit distributable to
553its members, directors, or officers.
554     (m)(l)  "Nonstate entity" means a local governmental
555entity, nonprofit organization, or for-profit organization that
556receives state financial assistance resources.
557     (n)(m)  "Recipient" means a nonstate entity that receives
558state financial assistance directly from a state awarding
559agency.
560     (o)(n)  "Schedule of Expenditures of State Financial
561Assistance" means a document prepared in accordance with the
562rules of the Department of Financial Services Chief Financial
563Officer and included in each financial reporting package
564required by this section.
565     (p)(o)  "State awarding agency" means a the state agency,
566as defined in s. 216.011, that is primarily responsible for the
567operations and outcomes of a state project, regardless of the
568state agency that actually provides provided state financial
569assistance to a the nonstate entity.
570     (q)(p)  "State financial assistance" means financial
571assistance from state resources, not including federal financial
572assistance and state matching on federal programs, provided to a
573nonstate entity entities to carry out a state project. "State
574financial assistance" includes the all types of state resources
575assistance as stated in the rules of the Department of Financial
576Services Executive Office of the Governor established in
577consultation with all the Chief Financial Officer and
578appropriate state awarding agencies that provide state financial
579assistance. It includes State financial assistance may be
580provided directly by state awarding agencies or indirectly by
581nonstate entities recipients of state awards or subrecipients.
582"State financial assistance" It does not include procurement
583contracts used to buy goods or services from vendors and. Audits
584of such procurement contracts with vendors are outside of the
585scope of this section. Also, audits of contracts to operate
586state-owned state-government-owned and contractor-operated
587facilities are excluded from the audit requirements of this
588section.
589     (r)(q)  "State matching" means state resources provided to
590a nonstate entity entities to be used to meet federal financial
591participation matching requirements of federal programs.
592     (s)  "State program" means a set of special-purpose
593activities undertaken to realize identifiable goals and
594objectives in order to achieve a state agency's mission and
595legislative intent requiring accountability for state resources.
596     (t)(r)  "State project" means a state program that provides
597all state financial assistance to a nonstate organization and
598that must be entity assigned a single state project number
599identifier in the Catalog of State Financial Assistance.
600     (u)(s)  "State Projects Compliance Supplement" means a
601document issued by the Department of Financial Services
602Executive Office of the Governor, in consultation with the Chief
603Financial Officer and all state awarding agencies that provide
604state financial assistance. The State Projects Compliance
605Supplement shall identify state projects, the significant
606compliance requirements, eligibility requirements, matching
607requirements, suggested audit procedures, and other relevant
608information determined necessary.
609     (v)(t)  "State project-specific audit" means an audit of
610one state project performed in accordance with the requirements
611of subsection (10)(9).
612     (w)(u)  "State single audit" means an audit of a nonstate
613entity's financial statements and state financial assistance.
614Such audits shall be conducted in accordance with the auditing
615standards as stated in the rules of the Auditor General.
616     (x)(v)  "Subrecipient" means a nonstate entity that
617receives state financial assistance through another nonstate
618entity.
619     (y)(w)  "Vendor" means a dealer, distributor, merchant, or
620other seller providing goods or services that are required for
621the conduct of a state project. These goods or services may be
622for an organization's own use or for the use of beneficiaries of
623the state project.
624     (3)  The Executive Office of the Governor is responsible
625for notifying the Department of Financial Services of any
626actions during the budgetary process that impact the Catalog of
627State Financial Assistance. shall:
628     (a)  Upon conferring with the Chief Financial Officer and
629all state awarding agencies, adopt rules necessary to provide
630appropriate guidance to state awarding agencies, recipients and
631subrecipients, and independent auditors of state financial
632assistance relating to the requirements of this section,
633including:
634     1.  The types or classes of financial assistance considered
635to be state financial assistance which would be subject to the
636requirements of this section. This would include guidance to
637assist in identifying when the state agency or recipient has
638contracted with a vendor rather than with a recipient or
639subrecipient.
640     2.  The criteria for identifying a major state project.
641     3.  The criteria for selecting state projects for audits
642based on inherent risk.
643     (b)  Be responsible for coordinating the initial
644preparation and subsequent revisions of the Catalog of State
645Financial Assistance after consultation with the Chief Financial
646Officer and all state awarding agencies.
647     (c)  Be responsible for coordinating the initial
648preparation and subsequent revisions of the State Projects
649Compliance Supplement, after consultation with the Chief
650Financial Officer and all state awarding agencies.
651     (4)  The Department of Financial Services Chief Financial
652Officer shall:
653     (a)  Upon conferring with the Executive Office of the
654Governor and all state awarding agencies, adopt rules necessary
655to provide appropriate guidance to state awarding agencies,
656nonstate entities, and independent auditors of state financial
657assistance relating to the requirements of this section,
658including:
659     1.  The types or classes of state resources considered to
660be state financial assistance that would be subject to the
661requirements of this section. This would include guidance to
662assist in identifying when the state awarding agency or a
663nonstate entity has contracted with a vendor rather than with a
664recipient or subrecipient.
665     2.  The criteria for identifying a major state project.
666     3.  The criteria for selecting state projects for audits
667based on inherent risk.
668     (b)  Be responsible for coordinating revisions to the
669Catalog of State Financial Assistance after consultation with
670the Executive Office of the Governor and all state awarding
671agencies.
672     (c)  Be responsible for coordinating with the Executive
673Office of the Governor actions affecting the budgetary process
674under paragraph (b).
675     (d)  Be responsible for coordinating revisions to the State
676Projects Compliance Supplement, after consultation with the
677Executive Office of the Governor and all state awarding
678agencies.
679     (e)(a)  Make enhancements to the state's accounting system
680to provide for the:
681     1.  Recording of state financial assistance and federal
682financial assistance appropriations and expenditures within the
683state awarding agencies' operating funds.
684     2.  Recording of state project number identifiers, as
685provided in the Catalog of State Financial Assistance, for state
686financial assistance.
687     3.  Establishment and recording of an identification code
688for each financial transaction, including awarding state
689agencies' disbursements of state financial assistance and
690federal financial assistance, as to the corresponding type or
691organization that is party to the transaction (e.g., other
692governmental agencies, nonprofit organizations, and for-profit
693organizations), and disbursements of federal financial
694assistance, as to whether the party to the transaction is or is
695not a nonstate entity recipient or subrecipient.
696     (f)(b)  Upon conferring with the Executive Office of the
697Governor and all state awarding agencies, adopt rules necessary
698to provide appropriate guidance to state awarding agencies,
699nonstate entities recipients and subrecipients, and independent
700auditors of state financial assistance relating to the format
701for the Schedule of Expenditures of State Financial Assistance.
702     (g)(c)  Perform any inspections, reviews, investigations,
703or audits of state financial assistance considered necessary in
704carrying out the Department of Financial Services' Chief
705Financial Officer's legal responsibilities for state financial
706assistance or to comply with the requirements of this section.
707     (5)  Each state awarding agency shall:
708     (a)  Provide to each a recipient information needed by the
709recipient to comply with the requirements of this section,
710including:
711     1.  The audit and accountability requirements for state
712projects as stated in this section and applicable rules of the
713Executive Office of the Governor, rules of the Department of
714Financial Services Chief Financial Officer, and rules of the
715Auditor General.
716     2.  Information from the Catalog of State Financial
717Assistance, including the standard state project number
718identifier; official title; legal authorization; and description
719of the state project including objectives, restrictions, and
720other relevant information determined necessary.
721     3.  Information from the State Projects Compliance
722Supplement, including the significant compliance requirements,
723eligibility requirements, matching requirements, suggested audit
724procedures, and other relevant information determined necessary.
725     (b)  Require the recipient, as a condition of receiving
726state financial assistance, to allow the state awarding agency,
727the Department of Financial Services Chief Financial Officer,
728and the Auditor General access to the recipient's records and
729the recipient's independent auditor's working papers as
730necessary for complying with the requirements of this section.
731     (c)  Notify the recipient that this section does not limit
732the authority of the state awarding agency to conduct or arrange
733for the conduct of additional audits or evaluations of state
734financial assistance or limit the authority of any state
735awarding agency inspector general, the Auditor General, or any
736other state official.
737     (d)  Be provided one copy of each financial reporting
738package prepared in accordance with the requirement of this
739section.
740     (e)  Review the recipient's recipient financial reporting
741package, including the management letters and corrective action
742plans, to the extent necessary to determine whether timely and
743appropriate corrective action has been taken with respect to
744audit findings and recommendations pertaining to state financial
745assistance that are specific to provided by the state awarding
746agency.
747     (f)  Designate within the state awarding agency an
748organizational unit that will be responsible for reviewing
749financial reporting packages pursuant to paragraph (e).
750
751If the state awarding agency is not the coordinating agency as
752defined in paragraph (2)(d), the state awarding agency's
753designated organizational unit shall communicate to the
754coordinating agency the state awarding agency's approval of the
755recipient's corrective action plan with respect to findings and
756recommendations that are not specific to the state awarding
757agency.
758     (6)  Each coordinating agency shall:
759     (a)  Review the recipient's financial reporting package,
760including the management letter and corrective action plan, to
761identify audit findings and recommendations that affect state
762financial assistance that are not specific to a particular state
763awarding agency.
764     (b)  For any findings and recommendations identified
765pursuant to paragraph (a):
766     1.  Determine whether timely and appropriate corrective
767action has been taken.
768     2.  Promptly inform the state awarding agency, as provided
769in paragraph (5)(f), of actions taken by the recipient to comply
770with the approved corrective action plan.
771     (c)  Maintain records of followup actions taken for the use
772of any succeeding coordinating agency.
773     (7)(6)  As a condition of receiving state financial
774assistance, each nonstate entity recipient that provides state
775financial assistance to a subrecipient shall:
776     (a)  Provide to each a subrecipient information needed by
777the subrecipient to comply with the requirements of this
778section, including:
779     1.  Identification of the state awarding agency.
780     2.  The audit and accountability requirements for state
781projects as stated in this section and applicable rules of the
782Executive Office of the Governor, rules of the Department of
783Financial Services Chief Financial Officer, and rules of the
784Auditor General.
785     3.  Information from the Catalog of State Financial
786Assistance, including the standard state project number
787identifier; official title; legal authorization; and description
788of the state project, including objectives, restrictions, and
789other relevant information.
790     4.  Information from the State Projects Compliance
791Supplement including the significant compliance requirements,
792eligibility requirements, matching requirements, and suggested
793audit procedures, and other relevant information determined
794necessary.
795     (b)  Review the financial reporting package of the
796subrecipient audit reports, including the management letter and
797corrective action plan letters, to the extent necessary to
798determine whether timely and appropriate corrective action has
799been taken with respect to audit findings and recommendations
800pertaining to state financial assistance provided by a the state
801awarding agency or nonstate entity.
802     (c)  Perform any such other procedures as specified in
803terms and conditions of the written agreement with the state
804awarding agency or nonstate entity, including any required
805monitoring of the subrecipient's use of state financial
806assistance through onsite visits, limited scope audits, or other
807specified procedures.
808     (d)  Require subrecipients, as a condition of receiving
809state financial assistance, to permit the independent auditor of
810the nonstate entity recipient, the state awarding agency, the
811Department of Financial Services Chief Financial Officer, and
812the Auditor General access to the subrecipient's records and the
813subrecipient's independent auditor's working papers as necessary
814to comply with the requirements of this section.
815     (8)(7)  Each recipient or subrecipient of state financial
816assistance shall comply with the following:
817     (a)  Each nonstate entity that receives state financial
818assistance and meets the audit threshold requirements, in any
819fiscal year of the nonstate entity, as stated in the rules of
820the Auditor General, shall have a state single audit conducted
821for such fiscal year in accordance with the requirements of this
822act and with additional requirements established in rules of the
823Executive Office of the Governor, rules of the Department of
824Financial Services Chief Financial Officer, and rules of the
825Auditor General. If only one state project is involved in a
826nonstate entity's fiscal year, the nonstate entity may elect to
827have only a state project-specific audit of the state project
828for that fiscal year.
829     (b)  Each nonstate entity that receives state financial
830assistance and does not meet the audit threshold requirements,
831in any fiscal year of the nonstate entity, as stated in this law
832or the rules of the Auditor General is exempt for such fiscal
833year from the state single audit requirements of this section.
834However, such nonstate entity must meet terms and conditions
835specified in the written agreement with the state awarding
836agency or nonstate entity.
837     (c)  If a nonstate entity has extremely limited or no
838required activities related to the administration of a state
839project, and only acts as a conduit of state financial
840assistance, none of the requirements of this section apply to
841the conduit nonstate entity. However, the nonstate entity that
842is provided state financial assistance by the conduit nonstate
843entity is subject to the requirements of this section.
844     (d)(c)  Regardless of the amount of the state financial
845assistance, the provisions of this section does do not exempt a
846nonstate entity from compliance with provisions of law relating
847to maintaining records concerning state financial assistance to
848such nonstate entity or allowing access and examination of those
849records by the state awarding agency, the nonstate entity, the
850Department of Financial Services Chief Financial Officer, or the
851Auditor General.
852     (e)(d)  Audits conducted pursuant to this section shall be
853performed annually.
854     (f)(e)  Audits conducted pursuant to this section shall be
855conducted by independent auditors in accordance with auditing
856standards as stated in rules of the Auditor General.
857     (g)(f)  Upon completion of the audit as required by this
858section, a copy of the recipient's financial reporting package
859shall be filed with the state awarding agency and the Auditor
860General. Upon completion of the audit as required by this
861section, a copy of the subrecipient's financial reporting
862package shall be filed with the nonstate entity recipient that
863provided the state financial assistance and the Auditor General.
864The financial reporting package shall be filed in accordance
865with the rules of the Auditor General.
866     (h)(g)  All financial reporting packages prepared pursuant
867to the requirements of this section shall be available for
868public inspection.
869     (i)(h)  If an audit conducted pursuant to this section
870discloses any significant audit findings relating to state
871financial assistance, including material noncompliance with
872individual state project compliance requirements or reportable
873conditions in internal controls of the nonstate entity, the
874nonstate entity shall submit as part of the financial reporting
875audit package to the state awarding agency or nonstate entity a
876plan for corrective action to eliminate such audit findings or a
877statement describing the reasons that corrective action is not
878necessary.
879     (j)(i)  An audit conducted in accordance with this section
880is in addition to any audit of federal awards required by the
881federal Single Audit Act and other federal laws and regulations.
882To the extent that such federally required audits provide the
883state awarding agency or nonstate entity with information it
884requires to carry out its responsibilities under state law or
885other guidance, the a state awarding agency or nonstate entity
886shall rely upon and use that information.
887     (k)(j)  Unless prohibited by law, the costs cost of audits
888pursuant to this section are is allowable charges to state
889projects. However, any charges to state projects should be
890limited to those incremental costs incurred as a result of the
891audit requirements of this section in relation to other audit
892requirements. The nonstate entity should allocate such
893incremental costs to all state projects for which it expended
894state financial assistance.
895     (l)(k)  Audit costs may not be charged to state projects
896when audits required by this section have not been made or have
897been made but not in accordance with this section. If a nonstate
898entity fails to have an audit conducted consistent with this
899section, a state awarding agency or nonstate entity agencies may
900take appropriate corrective action to enforce compliance.
901     (m)(l)  This section does not prohibit the state awarding
902agency or nonstate entity from including terms and conditions in
903the written agreement which require additional assurances that
904state financial assistance meets the applicable requirements of
905laws, regulations, and other compliance rules.
906     (n)(m)  A state awarding agency or nonstate entity that
907provides state financial assistance to nonstate entities and
908conducts or arranges for audits of state financial assistance
909that are in addition to the audits conducted under this act,
910including audits of nonstate entities that do not meet the audit
911threshold requirements, shall, consistent with other applicable
912law, arrange for funding the full cost of such additional
913audits.
914     (9)(8)  The independent auditor when conducting a state
915single audit of a nonstate entity recipients or subrecipients
916shall:
917     (a)  Determine whether the nonstate entity's financial
918statements are presented fairly in all material respects in
919conformity with generally accepted accounting principles.
920     (b)  Determine whether state financial assistance shown on
921the Schedule of Expenditures of State Financial Assistance is
922presented fairly in all material respects in relation to the
923nonstate entity's financial statements taken as a whole.
924     (c)  With respect to internal controls pertaining to each
925major state project:
926     1.  Obtain an understanding of internal controls.;
927     2.  Assess control risk.;
928     3.  Perform tests of controls unless the controls are
929deemed to be ineffective.; and
930     4.  Determine whether the nonstate entity has internal
931controls in place to provide reasonable assurance of compliance
932with the provisions of laws and rules pertaining to state
933financial assistance that have a material effect on each major
934state project.
935     (d)  Determine whether each major state project complied
936with the provisions of laws, rules, and guidelines as identified
937in the State Projects Compliance Supplement, or otherwise
938identified by the state awarding agency, which have a material
939effect on each major state project. When major state projects
940are less than 50 percent of the nonstate entity's total
941expenditures for all state financial assistance, the auditor
942shall select and test additional state projects as major state
943projects as necessary to achieve audit coverage of at least 50
944percent of the expenditures for all state financial assistance
945provided to the nonstate entity. Additional state projects
946needed to meet the 50-percent requirement may be selected on an
947inherent risk basis as stated in the rules of the Department of
948Financial Services Executive Office of the Governor.
949     (e)  Report on the results of any audit conducted pursuant
950to this section in accordance with the rules of the Executive
951Office of the Governor, rules of the Department of Financial
952Services Chief Financial Officer, and rules of the Auditor
953General. Financial reporting packages shall Audit reports shall
954include summaries of the auditor's results regarding the
955nonstate entity's financial statements; Schedule of Expenditures
956of State Financial Assistance; internal controls; and compliance
957with laws, rules, and guidelines.
958     (f)  Issue a management letter as prescribed in the rules
959of the Auditor General.
960     (g)  Upon notification by the nonstate entity, make
961available the working papers relating to the audit conducted
962pursuant to the requirements of this section to the state
963awarding agency, the Department of Financial Services Chief
964Financial Officer, or the Auditor General for review or copying.
965     (10)(9)  The independent auditor, when conducting a state
966project-specific audit of a nonstate entity recipients or
967subrecipients, shall:
968     (a)  Determine whether the nonstate entity's schedule of
969Expenditure of State Financial Assistance is presented fairly in
970all material respects in conformity with stated accounting
971policies.
972     (b)  Obtain an understanding of internal controls control
973and perform tests of internal controls control over the state
974project consistent with the requirements of a major state
975project.
976     (c)  Determine whether or not the auditee has complied with
977applicable provisions of laws, rules, and guidelines as
978identified in the State Projects Compliance Supplement, or
979otherwise identified by the state awarding agency, which could
980have a direct and material effect on the state project.
981     (d)  Report on the results of the a state project-specific
982audit consistent with the requirements of the state single audit
983and issue a management letter as prescribed in the rules of the
984Auditor General.
985     (e)  Upon notification by the nonstate entity, make
986available the working papers relating to the audit conducted
987pursuant to the requirements of this section to the state
988awarding agency, the Department of Financial Services Chief
989Financial Officer, or the Auditor General for review or copying.
990     (11)(10)  The Auditor General shall:
991     (a)  Have the authority to audit state financial assistance
992provided to any nonstate entity when determined necessary by the
993Auditor General or when directed by the Legislative Auditing
994Committee.
995     (b)  Adopt rules that state the auditing standards that
996independent auditors are to follow for audits of nonstate
997entities required by this section.
998     (c)  Adopt rules that describe the contents and the filing
999deadlines for the financial reporting package.
1000     (d)  Provide technical advice upon request of the
1001Department of Financial Services Chief Financial Officer,
1002Executive Office of the Governor, and state awarding agencies
1003relating to financial reporting and audit responsibilities
1004contained in this section.
1005     (e)  Be provided one copy of each financial reporting
1006package prepared in accordance with the requirements of this
1007section.
1008     (f)  Perform ongoing reviews of a sample of financial
1009reporting packages filed pursuant to the requirements of this
1010section to determine compliance with the reporting requirements
1011of this section and applicable rules of the Executive Office of
1012the Governor, rules of the Department of Financial Services
1013Chief Financial Officer, and rules of the Auditor General.
1014     Section 12.  Paragraphs (a), (b), (gg), (hh), and (jj) of
1015subsection (1) of section 216.011, Florida Statutes, are
1016amended, paragraphs (rr) and (ss) are added to said subsection,
1017and paragraph (c) is added to subsection (3) of said section, to
1018read:
1019     216.011  Definitions.--
1020     (1)  For the purpose of fiscal affairs of the state,
1021appropriations acts, legislative budgets, and approved budgets,
1022each of the following terms has the meaning indicated:
1023     (a)  "Annual salary rate" means the monetary compensation
1024authorized to be paid a position on an annualized basis. The
1025term does not include moneys authorized for benefits associated
1026with the position. In calculating salary rate, a vacant position
1027shall be calculated at the minimum of the pay grade for that
1028position.
1029     (b)  "Appropriation" means a legal authorization to make
1030expenditures for specific purposes within the amounts authorized
1031by law in the appropriations act.
1032     (gg)  "Mandatory reserve" means the reduction of an
1033appropriation by the Governor or the Legislative Budget
1034Commission due to an anticipated deficit in a fund, pursuant to
1035s. 216.221. Action may not be taken to restore a mandatory
1036reserve either directly or indirectly. "Performance-based
1037program appropriation" means the appropriation category used to
1038fund a specific set of activities or classification of
1039expenditure within an approved performance-based program.
1040     (hh)  "Budget reserve" means the withholding, as authorized
1041by the Legislature, of an appropriation, or portion thereof. The
1042need for a budget reserve may exist until certain conditions set
1043by the Legislature are met by the affected agency, or such need
1044may exist due to financial or program changes that have occurred
1045since, and were unforeseen at the time of, passage of the
1046General Appropriations Act. "Performance-based program budget"
1047means a budget that incorporates approved programs and
1048performance measures.
1049     (jj)  "Program" means a set of services and activities
1050undertaken in accordance with a plan of action organized to
1051realize identifiable goals and objectives based on legislative
1052authorization.
1053     (rr)  "Activity" means a unit of work that has identifiable
1054starting and ending points, consumes resources, and produces
1055outputs.
1056     (ss)  "Qualified expenditure category" means the
1057appropriations category used to fund specific activities and
1058projects which must be transferred to one or more appropriation
1059categories for expenditure upon recommendation by the Governor
1060or Chief Justice, as appropriate, and subject to approval by the
1061Legislative Budget Commission.
1062     (3)  For purposes of this chapter, the term:
1063     (c)  "Statutorily authorized entity" means any entity
1064primarily acting as an instrumentality of the state, any
1065regulatory or governing body, or any other governmental or
1066quasi-governmental organization that receives, disburses,
1067expends, administers, awards, recommends expenditure of,
1068handles, manages, or has custody or control of funds
1069appropriated by the Legislature and:
1070     1.  Is created, organized, or specifically authorized to be
1071created or established by general law; or
1072     2.  Assists a department, as defined in s. 20.03(2), or
1073other unit of state government in providing programs or services
1074on a statewide basis with a statewide service area or
1075population.
1076     Section 13.  Effective July 1, 2006, paragraph (n) of
1077subsection (1) of section 216.011, Florida Statutes, is amended
1078to read:
1079     216.011  Definitions.--
1080     (1)  For the purpose of fiscal affairs of the state,
1081appropriations acts, legislative budgets, and approved budgets,
1082each of the following terms has the meaning indicated:
1083     (n)  "Expense" means the appropriation category used to
1084fund the usual, ordinary, and incidental expenditures by an
1085agency or the judicial branch, including such items as
1086contractual services, commodities, and supplies of a consumable
1087nature, current obligations, and fixed charges, and excluding
1088expenditures classified as operating capital outlay. Payments to
1089other funds or local, state, or federal agencies may be included
1090in this category.
1091     Section 14.  Section 216.013, Florida Statutes, is amended
1092to read:
1093     216.013  Long-range program plan.--
1094     (1)  State agencies and the judicial branch shall develop
1095long-range program plans to achieve state goals using an
1096interagency planning process that includes the development of
1097integrated agency program service outcomes. The plans shall be
1098policy based, priority driven, accountable, and developed
1099through careful examination and justification of all agency and
1100judicial branch programs. The plan shall cover a period of 5
1101fiscal years and shall become effective July 1 each year.
1102     (1)  Long-range program plans shall provide the framework
1103for the development of agency budget requests and shall identify
1104or update:
1105     (a)  The mission of the agency or judicial branch.
1106     (b)  The goals established to accomplish the mission.
1107     (c)  The objectives developed to achieve state goals.
1108     (d)  The trends and conditions relevant to the mission,
1109goals, and objectives.
1110     (e)(a)  Identify agency programs and address how agency The
1111agency or judicial branch programs that will be used to
1112implement state policy and achieve state goals and program
1113component objectives.;
1114     (f)  The program outcomes and standards to measure progress
1115toward program objectives.
1116     (b)  Identify and describe agency functions and how they
1117will be used to achieve designated outcomes;
1118     (c)  Identify demand, output, total costs, and unit costs
1119for each function;
1120     (g)(d)  Provide Information regarding performance
1121measurement, which includes, but is not limited to, how data is
1122collected, the methodology used to measure a performance
1123indicator, the validity and reliability of a measure, the
1124appropriateness of a measure, and whether, in the case of
1125agencies, the agency inspector general has assessed the
1126reliability and validity of agency performance measures,
1127pursuant to s. 20.055(2).;
1128     (e)  Identify and justify facility and fixed capital outlay
1129projects and their associated costs; and
1130     (f)  Identify and justify information technology
1131infrastructure and applications and their associated costs for
1132information technology projects or initiatives.
1133     (2)  All agency functions and their costs shall be
1134carefully evaluated and justified by the agency. The
1135justification must clearly demonstrate the needs of agency
1136customers and clients and why the agency is proposing functions
1137and their associated costs to address the needs based on state
1138priorities, the agency mission, and legislative authorization.
1139Further, the justification must show how agency functions are
1140integrated and contribute to the overall achievement of state
1141goals. Facilities, fixed capital outlay and information
1142technology infrastructure, and applications shall be evaluated
1143pursuant to ss. 216.0158, 216.043, and 216.0446, respectively.
1144     (2)  Each long-range program plan shall cover a period of 5
1145fiscal years, be revised annually, and remain in effect until
1146replaced or revised.
1147     (3)  Long-range program plans or revisions shall be
1148presented by state agencies and the judicial branch in a form,
1149manner, and timeframe prescribed in written instructions
1150prepared by submitted to the Executive Office of the Governor in
1151consultation with by August 1 of each year in a form and manner
1152prescribed by the Executive Office of the Governor and the
1153chairs of the legislative appropriations committees. Such long-
1154range program plans for the Judicial Branch shall be submitted
1155by the Chief Justice of the Supreme Court to the President of
1156the Senate and the Speaker of the House of Representatives, and
1157a copy shall be provided to the Executive Office of the
1158Governor.
1159     (4)  The Executive Office of the Governor shall review the
1160long-range program plans for executive agencies to ensure that
1161they are consistent with the state's goals and objectives and
1162other requirements as specified in the written instructions and
1163that they provide the framework and context for the agency's
1164budget request.
1165     (5)  Executive agencies shall incorporate all revisions
1166required by the Governor within 14 working days.
1167     (6)  Any differences between executive agencies regarding
1168the programs, policies, or long-range program plans of such
1169agencies shall be mediated by the Executive Office of the
1170Governor.
1171     (4)(7)  Each state executive agency and the judicial branch
1172shall post their long-range program plan on their Internet
1173website transmit copies of its long-range program plan and all
1174written comments on its plan to the President of the Senate and
1175the Speaker of the House of Representatives not later than
1176September 30th of each year, and provide written notice to the
1177Governor and the Legislature that the plans have been posted 60
1178days prior to the next regular session of the Legislature.
1179     (8)  Long-range program plans developed pursuant to this
1180chapter are not rules and therefore are not subject to the
1181provisions of chapter 120.
1182     (5)(9)  Following the adoption of the annual General
1183Appropriations Act, the state agencies and the judicial branch
1184shall make appropriate adjustments to their long-range program
1185plans to be consistent with the appropriations and performance
1186measures in the General Appropriations Act and legislation
1187implementing the General Appropriations Act. Agencies and the
1188judicial branch have until June 30 15 to make adjustments to
1189their plans as posted on their Internet websites and submit the
1190adjusted plans to the Executive Office of the Governor for
1191review.
1192     (6)  Long-range program plans developed pursuant to this
1193chapter are not rules and therefore are not subject to the
1194provisions of chapter 120.
1195     Section 15.  Section 216.023, Florida Statutes, is amended
1196to read:
1197     216.023  Legislative budget requests to be furnished to
1198Legislature by agencies.--
1199     (1)  The head of each state agency, except as provided in
1200subsection (2), shall submit a final legislative budget request
1201to the Legislature and to the Governor, as chief budget officer
1202of the state, in the form and manner prescribed in the budget
1203instructions and at such time as specified by the Executive
1204Office of the Governor, based on the agency's independent
1205judgment of its needs. However, a no state agency may not shall
1206submit its complete legislative budget request, including all
1207supporting forms and schedules required by this chapter, later
1208than October September 15 of each year unless an alternative
1209date is agreed to be in the best interest of the state by the
1210Governor and the chairs of the legislative appropriations
1211committees.
1212     (2)  The judicial branch and the Division of Administrative
1213Hearings shall submit their complete legislative budget requests
1214directly to the Legislature with a copy to the Governor, as
1215chief budget officer of the state, in the form and manner as
1216prescribed in the budget instructions. However, the complete
1217legislative budget requests, including all supporting forms and
1218schedules required by this chapter, shall be submitted no later
1219than October September 15 of each year unless an alternative
1220date is agreed to be in the best interest of the state by the
1221Governor and the chairs of the legislative appropriations
1222committees.
1223     (3)  The Executive Office of the Governor and the
1224appropriations committees of the Legislature shall jointly
1225develop legislative budget instructions for preparing the
1226exhibits and schedules that make up the agency budget from which
1227each agency and the judicial branch shall prepare their budget
1228request. The budget instructions shall be consistent with s.
1229216.141 and shall be transmitted to each agency and to the
1230judicial branch no later than July June 15 of each year unless
1231an alternative date is agreed to be in the best interest of the
1232state by the Governor and the chairs of the legislative
1233appropriations committees. In the event that agreement cannot be
1234reached between the Executive Office of the Governor and the
1235appropriations committees of the Legislature regarding
1236legislative budget instructions, the issue shall be resolved by
1237the Governor, the President of the Senate, and the Speaker of
1238the House of Representatives.
1239     (4)(a)  The legislative budget request must contain for
1240each program:
1241     1.  The constitutional or statutory authority for a
1242program, a brief purpose statement, and approved program
1243components.
1244     2.  Information on expenditures for 3 fiscal years (actual
1245prior-year expenditures, current-year estimated expenditures,
1246and agency budget requested expenditures for the next fiscal
1247year) by appropriation category.
1248     3.  Details on trust funds and fees.
1249     4.  The total number of positions (authorized, fixed, and
1250requested).
1251     5.  An issue narrative describing and justifying changes in
1252amounts and positions requested for current and proposed
1253programs for the next fiscal year.
1254     6.  Information resource requests.
1255     7.  Legislatively approved output and outcome performance
1256measures and any proposed revisions to measures.
1257     8.  Proposed performance standards for each performance
1258measure and justification for the standards and the sources of
1259data to be used for measurement.
1260     9.  Prior-year performance data on approved performance
1261measures and an explanation of deviation from expected
1262performance. Performance data must be assessed for reliability
1263in accordance with s. 20.055.
1264     10.  Proposed performance incentives and disincentives.
1265     11.  Supporting information, including applicable cost-
1266benefit analyses, business case analyses, performance
1267contracting procedures, service comparisons, and impacts on
1268performance standards for any request to outsource or privatize
1269agency functions.
1270     12.  An evaluation of any major outsourcing and
1271privatization initiatives undertaken during the last 5 fiscal
1272years having aggregate expenditures exceeding $10 million during
1273the term of the contract. The evaluation shall include an
1274assessment of contractor performance, a comparison of
1275anticipated service levels to actual service levels, and a
1276comparison of estimated savings to actual savings achieved.
1277Consolidated reports issued by the Department of Management
1278Services may be used to satisfy this requirement.
1279     (b)  It is the intent of the Legislature that total
1280accountability measures, including unit-cost data, serve not
1281only as a budgeting tool but also as a policymaking tool and an
1282accountability tool. Therefore, each state agency and the
1283judicial branch must submit a one-page summary of information
1284for the preceding year in accordance with the legislative budget
1285instructions. Each one-page summary must contain:
1286     1.  The final budget for the agency and the judicial
1287branch.
1288     2.  Total funds from the General Appropriations Act.
1289     3.  Adjustments to the General Appropriations Act.
1290     4.  The line-item listings of all activities.
1291     5.  The number of activity units performed or accomplished.
1292     6.  Total expenditures for each activity, including amounts
1293paid to contractors and subordinate entities. Expenditures
1294related to administrative activities not aligned with output
1295measures must consistently be allocated to activities with
1296output measures prior to computing unit costs.
1297     7.  The cost per unit for each activity, including the
1298costs allocated to contractors and subordinate entities.
1299     8.  The total amount of reversions and pass-through
1300expenditures omitted from unit-cost calculations.
1301
1302At the regular session immediately following the submission of
1303the agency unit cost summary, the Legislature shall reduce in
1304the General Appropriations Act for the ensuing fiscal year, by
1305an amount equal to at least 10 percent of the allocation for the
1306fiscal year preceding the current fiscal year, the funding of
1307each state agency that fails to submit the report required under
1308this paragraph.
1309     (5)  At the time specified in the legislative budget
1310instructions and in sufficient time to be included in the
1311Governor's recommended budget, the judicial branch is required
1312to submit a performance-based program budget request. The Chief
1313Justice of the Supreme Court shall identify and, after
1314consultation with the Office of Program Policy Analysis and
1315Government Accountability, submit to the President of the Senate
1316and the Speaker of the House of Representatives a list of
1317proposed programs and associated performance measures. The
1318judicial branch shall provide documentation to accompany the
1319list of proposed programs and performance measures as provided
1320under subsection (4). The judicial branch shall submit a
1321performance-based program agency budget request using the
1322programs and performance measures adopted by the Legislature.
1323The Chief Justice may propose revisions to approved programs or
1324performance measures for the judicial branch. The Legislature
1325shall have final approval of all programs and associated
1326performance measures and standards for the judicial branch
1327through the General Appropriations Act or legislation
1328implementing the General Appropriations Act. By September 15,
13292001, the Chief Justice of the Supreme Court shall submit to the
1330President of the Senate and the Speaker of the House of
1331Representatives a performance-based program budget request for
1332programs of the judicial branch approved by the Legislature and
1333provide a copy to the Executive Office of the Governor.
1334     (5)(6)  Agencies must maintain a comprehensive performance
1335accountability system and provide a list of performance measures
1336maintained by the agency which are in addition to the measures
1337approved by the Legislature.
1338     (6)(7)  Annually, by June 30, executive agencies shall
1339submit to the Executive Office of the Governor adjustments to
1340their performance standards based on the amounts appropriated
1341for each program by the Legislature. When such an adjustment is
1342made, all performance standards, including any adjustments made,
1343shall be reviewed and revised as necessary by the Executive
1344Office of the Governor and, upon approval, submitted to the
1345Legislature pursuant to the review and approval process provided
1346in s. 216.177. The Senate and the House of Representatives
1347appropriations committees Senate Committee on Fiscal Policy and
1348the House of Representatives Fiscal Responsibility Council shall
1349advise Senate substantive committees and House of
1350Representatives substantive committees, respectively, of all
1351adjustments made to performance standards or measures. The
1352Executive Office of the Governor shall maintain both the
1353official record of adjustments to the performance standards as
1354part of the agency's approved operating budget and the official
1355performance ledger. As used in this section, the term "official
1356record" "performance ledger" means the official compilation of
1357information about state agency performance-based programs and
1358measures, including approved programs, approved outputs and
1359outcomes, baseline data, approved standards for each performance
1360measure and any approved adjustments thereto, as well as actual
1361agency performance for each measure.
1362     (7)(8)  As a part of the legislative budget request, the
1363head of each state agency and the Chief Justice of the Supreme
1364Court for the judicial branch shall include an inventory of all
1365litigation in which the agency is involved that may require
1366additional appropriations to the agency, that may significantly
1367affect revenues received or anticipated to be received by the
1368state, or that may require or amendments to the law under which
1369the agency operates. No later than March 1 following the
1370submission of the legislative budget request, the head of the
1371state agency and the Chief Justice of the Supreme Court shall
1372provide an update of any additions or changes to the inventory.
1373Such inventory shall include information specified annually in
1374the legislative budget instructions and, within the discretion
1375of the head of the state agency or the Chief Justice of the
1376Supreme Court, may contain only information found in the
1377pleadings.
1378     (8)(9)  Annually, by June 30, the judicial branch shall
1379make adjustments to any performance standards for approved
1380programs based on the amount appropriated for each program,
1381which shall be submitted to the Legislature pursuant to the
1382notice and review process provided in s. 216.177. The Senate and
1383the House of Representatives appropriations committees Senate
1384Committee on Fiscal Policy and the House Fiscal Responsibility
1385Council shall advise Senate substantive committees and House
1386substantive committees, respectively, of all adjustments made to
1387performance standards or measures.
1388     (9)(10)  The Executive Office of the Governor shall review
1389the legislative budget request for technical compliance with the
1390budget format provided for in the budget instructions. The
1391Executive Office of the Governor shall notify the agency or the
1392judicial branch of any adjustment required. The agency or
1393judicial branch shall make the appropriate corrections as
1394requested. If the appropriate technical corrections are not made
1395as requested, the Executive Office of the Governor shall adjust
1396the budget request to incorporate the appropriate technical
1397corrections in the format of the request.
1398     (10)(11)  At any time after the Governor submits his or her
1399and the Chief Justice submit their recommended budget budgets to
1400the Legislature, the head of the agency or judicial branch may
1401amend his or her request by transmitting to the Governor and the
1402Legislature an amended request in the form and manner prescribed
1403in the legislative budget instructions.
1404     (11)(12)  The legislative budget request from each agency
1405and from the judicial branch shall be reviewed by the
1406Legislature. The review may allow for the opportunity to have
1407information or testimony by the agency, the judicial branch, the
1408Auditor General, the Office of Program Policy Analysis and
1409Government Accountability, the Governor's Office of Planning and
1410Budgeting, and the public regarding the proper level of funding
1411for the agency in order to carry out its mission.
1412     (12)(13)  In order to ensure an integrated state planning
1413and budgeting process, the agency long-range plan should be
1414reviewed by the Legislature.
1415     Section 16.  Section 216.031, Florida Statutes, is amended
1416to read:
1417     216.031  Target budget request.--Either chair of a
1418legislative appropriations committee, or the Executive Office of
1419the Governor for state agencies, may require the agency or the
1420Chief Justice to address major issues separate from those
1421outlined in s. 216.023, this section, and s. 216.043 for
1422inclusion in the requests of the agency or of the judicial
1423branch. The issues shall be submitted to the agency no later
1424than July 30 of each year and shall be displayed in its requests
1425as provided in the budget instructions. The Executive Office of
1426the Governor may request an agency, or the chair of an the
1427appropriations committee committees of the Senate or the House
1428of Representatives may request any agency or the judicial
1429branch, to submit no later than September 30 of each year a
1430budget plan with respect to targets established by the Governor
1431or either chair. The target budget shall require each entity to
1432establish an order of priorities for its budget issues and may
1433include requests for multiple options for the budget issues. The
1434target budget may also require each entity to submit a program
1435budget or a performance-based budget in the format prescribed by
1436the Executive Office of the Governor or either chair; provided,
1437however, The target budget format shall be compatible with the
1438planning and budgeting system requirements set out in s.
1439216.141. Such a request shall not influence the agencies' or
1440judicial branch's independent judgment in making legislative
1441budget requests, as required by law.
1442     Section 17.  Section 216.052, Florida Statutes, is amended
1443to read:
1444     216.052  Community budget requests; appropriations;
1445grants.--
1446     (1)  A local, county, or regional governmental entity,
1447private organization, or nonprofit organization may submit a
1448request for a state appropriation for a program, service, or
1449capital outlay initiative that is local or regional in scope, is
1450intended to meet a documented need, addresses a statewide
1451interest, is intended to produce measurable results, and has
1452tangible community support to members of the Legislature, a
1453state agency, or the Governor.
1454     (2)  Each appropriation to a local government, a private
1455organization, or a nonprofit organization made pursuant to a
1456community budget request shall require that the community's
1457support be tangibly demonstrated by evidence that the program or
1458service will operate in a financially sound manner. Any
1459appropriation to a local government, a private organization, or
1460a nonprofit organization made pursuant to this section should
1461require local matching funds. The match must be based on the
1462size and scope of the project and the applicant's ability to
1463provide the match. In addition, the granting of state funds
1464shall be used to encourage the establishment of community-based
1465partnerships between the public sector and the private sector.
1466     (3)  Each community budget request submitted pursuant to
1467this section must receive a hearing before a body of duly
1468elected public officials before being submitted for
1469consideration.
1470     (2)(4)  For requests submitted to members of the
1471Legislature, community budget requests shall be submitted in the
1472form and manner prescribed jointly by the President of the
1473Senate and the Speaker of the House of Representatives. If the
1474President of the Senate and the Speaker of the House of
1475Representatives do not agree on a form and manner of submission
1476to be used by both houses, each may prescribe a form and manner
1477of submission to be used in his or her house.
1478     (3)(5)  Community budget requests shall be submitted to the
1479chairs of the legislative appropriations committees in
1480accordance with the schedule established jointly by the
1481President of the Senate and the Speaker of the House of
1482Representatives. If the President of the Senate and the Speaker
1483of the House of Representatives do not agree on a schedule to be
1484used by both houses, each may prescribe a schedule to be used in
1485his or her house.
1486     (4)(6)  The Executive Office of the Governor shall
1487prescribe the form and manner of submission of requests to state
1488agencies and to the Governor.
1489     (5)(7)  The retention of interest earned on state funds or
1490the amount of interest income earned shall be applied against
1491the state entity's obligation to pay the appropriated amount.
1492     (8)  Whenever possible, a loan must be made in lieu of a
1493grant to a local government, a private organization, or a
1494nonprofit organization. It is the intent of the Legislature that
1495a revolving loan program shall be established so that the loan
1496amount plus interest is paid back by the recipient to the state.
1497     (9)  Any private or nonprofit organization that is to
1498receive funds through a community budget request shall, at the
1499time of application for such funds, provide information
1500regarding its organization, including a copy of its current
1501budget, a list of its board of directors, and, if available, a
1502copy of its most recent annual audit report prepared by an
1503independent certified public accountant licensed in this state,
1504including management letters or other documents associated with
1505the audit report.
1506     Section 18.  Subsection (5) of section 216.053, Florida
1507Statutes, is amended to read:
1508     216.053  Summary Information in the General Appropriations
1509Act; construction of such information.--
1510     (5)  For programs operating under performance-based program
1511budgets, the General Appropriations Act shall contain summary
1512information that covers specific appropriations and summarizes
1513programs and performance.
1514     Section 19.  Section 216.065, Florida Statutes, is amended
1515to read:
1516     216.065  Fiscal impact statements on actions affecting the
1517budget.--In addition to the applicable requirements of chapter
1518120, before the Governor, or Governor and Cabinet as a body,
1519performing any constitutional or statutory duty, or before any
1520state agency or statutorily authorized entity takes take any
1521final action that will affect revenues, directly require a
1522request for an increased or new appropriation in the following
1523fiscal year, or that will transfer current year funds, it they
1524shall first provide the legislative appropriations committees
1525with a fiscal impact statement that details the effects of such
1526action on the budget. The fiscal impact statement must specify
1527the estimated budget and revenue impacts for the current year
1528and the 2 subsequent fiscal years at the same level of detail
1529required to support a legislative budget request, including
1530amounts by appropriation category and fund.
1531     Section 20.  Subsection (3) is added to section 216.081,
1532Florida Statutes, to read:
1533     216.081  Data on legislative and judicial branch
1534expenses.--
1535     (3)  If the Governor does not receive timely estimates of
1536the financial needs of the legislative branch, the Governor's
1537recommended budget shall include the amounts appropriated and
1538budget entity structure established in the most recent General
1539Appropriations Act.
1540     Section 21.  Subsection (1) of section 216.133, Florida
1541Statutes, is amended to read:
1542     216.133  Definitions; ss. 216.133-216.137.--As used in ss.
1543216.133-216.137:
1544     (1)  "Consensus estimating conference" includes the
1545Economic Estimating Conference, the Demographic Estimating
1546Conference, the Revenue Estimating Conference, the Education
1547Estimating Conference, the Criminal Justice Estimating
1548Conference, the Juvenile Justice Estimating Conference, the
1549Child Welfare System Estimating Conference, the Occupational
1550Forecasting Conference, the Early Learning Programs Estimating
1551Conference, the Self-Insurance Estimating Conference, the
1552Florida Retirement System Actuarial Assumption Conference, and
1553the Social Services Estimating Conference.
1554     Section 22.  Subsections (4) and (5) of section 216.134,
1555Florida Statutes, are amended to read:
1556     216.134  Consensus estimating conferences; general
1557provisions.--
1558     (4)  Consensus estimating conferences are within the
1559legislative branch. The membership of each consensus estimating
1560conference consists of principals and participants.
1561     (a)  A person designated by law as a principal may preside
1562over conference sessions, convene conference sessions, request
1563information, specify topics to be included on the conference
1564agenda, agree or withhold agreement on whether information is to
1565be official information of the conference, release official
1566information of the conference, interpret official information of
1567the conference, and monitor errors in official information of
1568the conference.
1569     (b)  A participant is any person who is invited to
1570participate in the consensus estimating conference by a
1571principal. A participant shall, at the request of any principal
1572before or during any session of the conference, develop
1573alternative forecasts, collect and supply data, perform
1574analyses, or provide other information needed by the conference.
1575The conference shall consider information provided by
1576participants in developing its official information.
1577     (5)  All sessions and meetings of a consensus estimating
1578conference shall be open to the public as provided in chapter
1579286. The President of the Senate and the Speaker of the House of
1580Representatives, jointly, shall be the sole judge for the
1581interpretation, implementation, and enforcement of this
1582subsection.
1583     Section 23.  Subsections (7) through (12) of section
1584216.136, Florida Statutes, are amended to read:
1585     216.136  Consensus Estimating Conferences; duties and
1586principals.--
1587     (7)  CHILD WELFARE SYSTEM ESTIMATING CONFERENCE.--
1588     (a)  Duties.--The Child Welfare System Estimating
1589Conference shall develop such official information relating to
1590the child welfare system of the state, including forecasts of
1591child welfare caseloads, as the conference determines is needed
1592for the state planning and budgeting system. Such official
1593information may include, but is not limited to:
1594     1.  Estimates and projections of the number of initial and
1595additional reports of child abuse, abandonment, or neglect made
1596to the central abuse hotline maintained by the Department of
1597Children and Family Services as established in s. 39.201(4).
1598Projections may take into account other factors that may
1599influence the number of future reports to the abuse hotline.
1600     2.  Estimates and projections of the number of children who
1601are alleged to be victims of child abuse, abandonment, or
1602neglect and are in need of emergency shelter, foster care,
1603residential group care, adoptive services, or other appropriate
1604care.
1605
1606In addition, the conference shall develop other official
1607information relating to the child welfare system of the state
1608which the conference determines is needed for the state planning
1609and budgeting system. The Department of Children and Family
1610Services shall provide information on the child welfare system
1611requested by the Child Welfare System Estimating Conference, or
1612individual conference principals, in a timely manner.
1613     (b)  Principals.--The Executive Office of the Governor, the
1614coordinator of the Office of Economic and Demographic Research,
1615and professional staff who have forecasting expertise from the
1616Department of Children and Family Services, the Senate, and the
1617House of Representatives, or their designees, are the principals
1618of the Child Welfare System Estimating Conference. The principal
1619representing the Executive Office of the Governor shall preside
1620over sessions of the conference.
1621     (8)  JUVENILE JUSTICE ESTIMATING CONFERENCE.--
1622     (a)  Duties.--The Juvenile Justice Estimating Conference
1623shall develop such official information relating to the juvenile
1624justice system of the state as is determined by the conference
1625principals to be needed for the state planning and budgeting
1626system. This information shall include, but is not limited to:
1627estimates of juvenile delinquency caseloads and workloads;
1628estimates for secure, nonsecure, and home juvenile detention
1629placements; estimates of workloads in the juvenile sections in
1630the offices of the state attorneys and public defenders;
1631estimates of mental health and substance abuse treatment
1632relating to juveniles; and such other information as is
1633determined by the conference principals to be needed for the
1634state planning and budgeting system.
1635     (b)  Principals.--The Executive Office of the Governor, the
1636Office of Economic and Demographic Research, and professional
1637staff who have forecasting expertise from the Department of
1638Juvenile Justice, the Department of Children and Family Services
1639Substance Abuse and Mental Health Program Offices, the
1640Department of Law Enforcement, the Senate Appropriations
1641Committee staff, the House of Representatives Appropriations
1642Committee staff, or their designees, are the principals of the
1643Juvenile Justice Estimating Conference. The responsibility of
1644presiding over sessions of the conference shall be rotated among
1645the principals. To facilitate policy and legislative
1646recommendations, the conference may call upon the appropriate
1647legislative staff.
1648     (7)(9)  WORKFORCE ESTIMATING CONFERENCE.--
1649     (a)  Duties.--
1650     1.  The Workforce Estimating Conference shall develop such
1651official information on the workforce development system
1652planning process as it relates to the personnel needs of
1653current, new, and emerging industries as the conference
1654determines is needed by the state planning and budgeting system.
1655Such information, using quantitative and qualitative research
1656methods, must include at least: short-term and long-term
1657forecasts of employment demand for jobs by occupation and
1658industry; entry and average wage forecasts among those
1659occupations; and estimates of the supply of trained and
1660qualified individuals available or potentially available for
1661employment in those occupations, with special focus upon those
1662occupations and industries which require high skills and have
1663high entry wages and experienced wage levels. In the development
1664of workforce estimates, the conference shall use, to the fullest
1665extent possible, local occupational and workforce forecasts and
1666estimates.
1667     2.  The Workforce Estimating Conference shall review data
1668concerning the local and regional demands for short-term and
1669long-term employment in High-Skills/High-Wage Program jobs, as
1670well as other jobs, which data is generated through surveys
1671conducted as part of the state's Internet-based job matching and
1672labor market information system authorized under s. 445.011. The
1673conference shall consider such data in developing its forecasts
1674for statewide employment demand, including reviewing the local
1675and regional data for common trends and conditions among
1676localities or regions which may warrant inclusion of a
1677particular occupation on the statewide occupational forecasting
1678list developed by the conference. Based upon its review of such
1679survey data, the conference shall also make recommendations
1680semiannually to Workforce Florida, Inc., on additions or
1681deletions to lists of locally targeted occupations approved by
1682Workforce Florida, Inc.
1683     3.  During each legislative session, and at other times if
1684necessary, the Workforce Estimating Conference shall meet as the
1685Workforce Impact Conference for the purpose of determining the
1686effects of legislation related to the state's workforce and
1687economic development efforts introduced prior to and during such
1688legislative session. In addition to the designated principals of
1689the impact conference, nonprincipal participants of the impact
1690conference shall include a representative of the Florida Chamber
1691of Commerce and other interested parties. The impact conference
1692shall use both quantitative and qualitative research methods to
1693determine the impact of introduced legislation related to
1694workforce and economic development issues.
1695     4.  Notwithstanding subparagraph 3., the Workforce
1696Estimating Conference, for the purposes described in
1697subparagraph 1., shall meet no less than 2 times in a calendar
1698year. The first meeting shall be held in February and the second
1699meeting shall be held in August. Other meetings may be scheduled
1700as needed.
1701     (b)  Principals.--The Commissioner of Education, the
1702Executive Office of the Governor, the director of the Office of
1703Tourism, Trade, and Economic Development, the director of the
1704Agency for Workforce Innovation, the executive director of the
1705Commission for Independent Education, the Chancellor of the
1706State University System, the chair of Workforce Florida, Inc.,
1707the coordinator of the Office of Economic and Demographic
1708Research, or their designees, and professional staff from the
1709Senate and the House of Representatives who have forecasting and
1710substantive expertise, are the principals of the Workforce
1711Estimating Conference. In addition to the designated principals
1712of the conference, nonprincipal participants of the conference
1713shall include a representative of the Florida Chamber of
1714Commerce and other interested parties. The principal
1715representing the Executive Office of the Governor shall preside
1716over the sessions of the conference.
1717     (8)(10)  EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.--
1718     (a)  Duties.--
1719     1.  The Early Learning Programs Estimating Conference shall
1720develop estimates and forecasts of the unduplicated count of
1721children eligible for school readiness programs in accordance
1722with the standards of eligibility established in s. 411.01(6),
1723and of children eligible for the Voluntary Prekindergarten
1724Education Program in accordance with s. 1002.53(2), as the
1725conference determines are needed to support the state planning,
1726budgeting, and appropriations processes.
1727     2.  The Agency for Workforce Innovation shall provide
1728information on needs and waiting lists for school readiness
1729programs, and information on the needs for the Voluntary
1730Prekindergarten Education Program, as requested by the Early
1731Learning Programs Estimating Conference or individual conference
1732principals in a timely manner.
1733     (b)  Principals.--The Executive Office of the Governor, the
1734Director of Economic and Demographic Research, and professional
1735staff who have forecasting expertise from the Agency for
1736Workforce Innovation, the Department of Children and Family
1737Services, the Department of Education, the Senate, and the House
1738of Representatives, or their designees, are the principals of
1739the Early Learning Programs Estimating Conference. The principal
1740representing the Executive Office of the Governor shall preside
1741over sessions of the conference.
1742     (9)(11)  SELF-INSURANCE ESTIMATING CONFERENCE.--
1743     (a)  Duties.--The Self-Insurance Estimating Conference
1744shall develop such official information on self-insurance
1745related issues as the conference determines is needed by the
1746state planning and budgeting system.
1747     (b)  Principals.--The Executive Office of the Governor, the
1748coordinator of the Office of Economic and Demographic Research,
1749and professional staff directors of the committees of the Senate
1750and the House of Representatives who have forecasting and
1751substantive experience which have primary responsibility for
1752legislation dealing with taxation, or their designees, are the
1753principals of the Self-Insurance Estimating Conference. The
1754responsibility of presiding over sessions of the conference
1755shall be rotated among the principals.
1756     (10)(12)  FLORIDA RETIREMENT SYSTEM ACTUARIAL ASSUMPTION
1757CONFERENCE.--
1758     (a)  Duties.--The Florida Retirement System Actuarial
1759Assumption Conference shall develop official information with
1760respect to the economic and noneconomic assumptions and funding
1761methods of the Florida Retirement System necessary to perform
1762the system actuarial study undertaken pursuant to s. 121.031(3).
1763Such information shall include: an analysis of the actuarial
1764assumptions and actuarial methods used in the study and a
1765determination of whether changes to the assumptions or methods
1766need to be made due to experience changes or revised future
1767forecasts.
1768     (b)  Principals.--The Executive Office of the Governor, the
1769coordinator of the Office of Economic and Demographic Research,
1770and professional staff of the Senate and House of
1771Representatives who have forecasting and substantive expertise,
1772or their designees, are the principals of the Florida Retirement
1773System Actuarial Assumption Conference. The Executive Office of
1774the Governor shall have the responsibility of presiding over the
1775sessions of the conference. The State Board of Administration
1776and the Division of Retirement shall be participants in the
1777conference.
1778     Section 24.  Subsection (1) of section 216.162, Florida
1779Statutes, is amended to read:
1780     216.162  Governor's recommended budget to be furnished
1781Legislature; copies to members.--
1782     (1)  At least 30 45 days before the scheduled annual
1783legislative session, the Governor shall furnish each senator and
1784representative a copy of his or her recommended balanced budget
1785for the state, based on the Governor's own conclusions and
1786judgment; provided, however, that in his or her first year in
1787office a new Governor may request, subject to approval of the
1788President of the Senate and the Speaker of the House of
1789Representatives, that his or her recommended balanced budget be
1790submitted at a later time prior to the Governor's first regular
1791legislative session.
1792     Section 25.  Subsection (2) and paragraph (b) of subsection
1793(4) of section 216.163, Florida Statutes, are amended to read:
1794     216.163  Governor's recommended budget; form and content;
1795declaration of collective bargaining impasses.--
1796     (2)  The Governor's recommended budget shall also include:
1797     (a)  The Governor's recommendations for operating each
1798state agency, and those of the Chief Justice of the Supreme
1799Court for operating the judicial branch, for the next fiscal
1800year. These recommendations shall be displayed by appropriation
1801category within each budget entity and shall also include the
1802legislative budget request of the corresponding agency. In order
1803to present a balanced budget as required by s. 216.162, the
1804Governor's recommendations for operating appropriations may
1805include an alternative recommendation to that of the Chief
1806Justice.
1807     (b)1.  The Governor's recommendations and those of the
1808Chief Justice for fixed capital outlay appropriations for the
1809next fiscal year. These recommendations shall be displayed by
1810budget entity and shall also include the legislative budget
1811request of the corresponding agency. In order to present a
1812balanced budget as required by s. 216.162, the Governor's
1813recommendations for fixed capital outlay appropriations may
1814include an alternative recommendation to that of the Chief
1815Justice.
1816     2.  For each specific fixed capital outlay project or group
1817of projects or operating capital outlay requests recommended to
1818be funded from a proposed state debt or obligation, he or she
1819shall make available pursuant to s. 216.164(1)(a) the documents
1820set forth in s. 216.0442(2).
1821     (c)  The evaluation of the fixed capital outlay request of
1822each agency and the judicial branch and alternatives to the
1823proposed projects as made by the Department of Management
1824Services pursuant to s. 216.044.
1825     (d)  A summary statement of the amount of appropriations
1826requested by each state agency and as recommended by the
1827Governor and by the judicial branch.
1828     (e)  A distinct listing of all nonrecurring appropriations
1829recommended by the Governor or the Chief Justice.
1830     (f)  The Governor's recommendations for high-risk
1831information technology projects which should be subject to
1832monitoring under s. 282.322. These recommendations shall include
1833proviso language which specifies whether funds are specifically
1834provided to contract for project monitoring, or whether the
1835Auditor General will conduct such project monitoring. When funds
1836are recommended for contracting with a project monitor, such
1837funds may equal 1 percent to 5 percent of the project's
1838estimated total costs. These funds shall be specifically
1839appropriated and nonrecurring.
1840     (g)  Any additional information which the Governor or Chief
1841Justice feels is needed to justify his or her recommendations.
1842     (4)  The Executive Office of the Governor shall review the
1843findings of the Office of Program Policy Analysis and Government
1844Accountability, to the extent they are available, request any
1845reports or additional analyses as necessary, and submit a
1846recommendation for executive agencies, which may include a
1847recommendation regarding incentives or disincentives for agency
1848performance. Incentives or disincentives may apply to all or
1849part of a state agency. The Chief Justice shall review the
1850findings of the Office of Program Policy Analysis and Government
1851Accountability regarding judicial branch performance and make
1852appropriate recommendations for the judicial branch.
1853     (b)  Disincentives may include, but are not limited to:
1854     1.  Mandatory quarterly reports to the Executive Office of
1855the Governor and the Legislature on the agency's progress in
1856meeting performance standards.
1857     2.  Mandatory quarterly appearances before the Legislature,
1858the Governor, or the Governor and Cabinet to report on the
1859agency's progress in meeting performance standards.
1860     3.  Elimination or restructuring of the program, which may
1861include, but not be limited to, transfer of the program or
1862outsourcing all or a portion of the program.
1863     4.  Reduction of total positions for a program.
1864     5.  Restriction on or reduction of the spending authority
1865provided in s. 216.292(2)(b).
1866     6.  Reduction of managerial salaries.
1867     Section 26.  Subsections (1) through (4) of section
1868216.167, Florida Statutes, are amended to read:
1869     216.167  Governor's recommendations.--The Governor's
1870recommendations shall include a financial schedule that
1871provides:
1872     (1)  The Governor's estimate of the recommended recurring
1873revenues available in the Budget Stabilization Fund, the Working
1874Capital Fund, and the General Revenue Fund.
1875     (2)  The Governor's estimate of the recommended
1876nonrecurring revenues available in the Budget Stabilization
1877Fund, the Working Capital Fund, and the General Revenue Fund.
1878     (3)  The Governor's recommended recurring and nonrecurring
1879appropriations from the Budget Stabilization Fund, the Working
1880Capital Fund, and the General Revenue Fund.
1881     (4)  The Governor's estimates of any interfund loans or
1882temporary obligations of the Budget Stabilization Fund, the
1883General Revenue Working Capital Fund, or trust funds, which
1884loans or obligations are needed to implement his or her
1885recommended budget.
1886     Section 27.  Subsection (4) of section 216.168, Florida
1887Statutes, is amended to read:
1888     216.168  Governor's amended revenue or budget
1889recommendations; optional and mandatory.--
1890     (4)  If the Governor determines, at any time after he or
1891she has furnished the Legislature with his or her
1892recommendations or amended recommendations, that the revenue
1893estimates upon which the Governor's recommendations were based
1894are insufficient to fund these recommendations, the Governor
1895shall amend his or her revenues or appropriations
1896recommendations to bring the Governor's recommended budget into
1897balance. On or after March 1, if the Governor determines that
1898there is insufficient time to provide the information for the
1899amended recommendations required in ss. 216.164 and 216.166, he
1900or she shall be exempt from such requirement.
1901     Section 28.  Subsections (2), (3), and (4) of section
1902216.177, Florida Statutes, are amended to read:
1903     216.177  Appropriations acts, statement of intent,
1904violation, notice, review and objection procedures.--
1905     (2)(a)  Whenever notice of action to be taken by the
1906Executive Office of the Governor or the Chief Justice of the
1907Supreme Court is required by this chapter, such notice shall be
1908given to the chair and vice chair of the Legislative Budget
1909Commission in writing, and shall be delivered at least 14 days
1910prior to the action referred to, unless a shorter period is
1911approved in writing by the chair and vice chair. If the action
1912is solely for the release of funds appropriated by the
1913Legislature, the notice shall be delivered at least 3 days
1914before the effective date of the action. Action shall not be
1915taken on any budget item for which this chapter requires notice
1916to the Legislative Budget Commission or the appropriations
1917committees without such notice having been provided, even though
1918there may be good cause for considering such item.
1919     (b)  If the chair and vice chair of the Legislative Budget
1920Commission or the President of the Senate and the Speaker of the
1921House of Representatives timely advise, in writing, the
1922Executive Office of the Governor or the Chief Justice of the
1923Supreme Court that an action or a proposed action, including any
1924expenditure of funds resulting from the settlement of litigation
1925involving a state agency or officer, whether subject to the
1926notice and review requirements of this chapter or not, exceeds
1927the delegated authority of the Executive Office of the Governor
1928for the executive branch or the Chief Justice for the judicial
1929branch, respectively, or is contrary to legislative policy and
1930intent, the Governor or the Chief Justice of the Supreme Court
1931shall void such action and instruct the affected state agency or
1932entity of the judicial branch to change immediately its spending
1933action or spending proposal until the Legislative Budget
1934Commission or the Legislature addresses the issue. The written
1935documentation shall indicate the specific reasons that an action
1936or proposed action exceeds the delegated authority or is
1937contrary to legislative policy and intent.
1938     (c)  The House of Representatives and the Senate shall
1939provide by rule that any member of the House of Representatives
1940or Senate may request, in writing, of either the President of
1941the Senate or the Speaker of the House of Representatives to
1942initiate the procedures of paragraph (b).
1943     (3)  The Legislature may annually specify any incentives
1944and disincentives for agencies operating programs under
1945performance-based program budgets pursuant to this chapter in
1946the General Appropriations Act or legislation implementing the
1947General Appropriations Act.
1948     (4)  Notwithstanding the 14-day notice requirements of this
1949section, the Department of Children and Family Services is
1950required to provide notice of proposed transfers submitted
1951pursuant to s. 20.19(5)(b) to the Executive Office of the
1952Governor and the chairs of the legislative appropriations
1953committees at least 3 working days prior to their
1954implementation.
1955     Section 29.  Subsections (1), (2), (4), (6), (8), (9),
1956(10), (12), and (16) of section 216.181, Florida Statutes, are
1957amended to read:
1958     216.181  Approved budgets for operations and fixed capital
1959outlay.--
1960     (1)  The General Appropriations Act and any other acts
1961containing appropriations shall be considered the original
1962approved operating budgets for operational and fixed capital
1963expenditures. Amendments to the approved operating budgets for
1964operational and fixed capital outlay expenditures from state
1965agencies may be requested only through the Executive Office of
1966the Governor and approved by the Governor and the Legislative
1967Budget Commission as provided in this chapter. Amendments from
1968the judicial branch may be requested only through, and approved
1969by, the Chief Justice of the Supreme Court and must be approved
1970by the Chief Justice and the Legislative Budget Commission as
1971provided in this chapter. This includes amendments which are
1972necessary to implement the provisions of s. 216.212 or s.
1973216.221.
1974     (2)  Amendments to the original approved operating budgets
1975for operational and fixed capital outlay expenditures must
1976comply with the following guidelines in order to be approved by
1977the Governor and the Legislative Budget Commission as provided
1978in this chapter for the executive branch and the Chief Justice
1979and the Legislative Budget Commission for the judicial branch:
1980     (a)  The amendment must be consistent with legislative
1981policy and intent.
1982     (b)  The amendment may not initiate or commence a new
1983program, except as authorized by this chapter, or eliminate an
1984existing program.
1985     (c)  Except as authorized in s. 216.292 or other provisions
1986of this chapter, the amendment may not provide funding or
1987increased funding for items which were funded by the Legislature
1988in an amount less than that requested by the agency or Governor
1989in the legislative budget request or recommended by the
1990Governor, or which were vetoed by the Governor.
1991     (d)  For amendments that involve trust funds, there must be
1992adequate and appropriate revenues available in the trust fund
1993and the amendment must be consistent with the laws authorizing
1994such trust funds and the laws relating to the use of the trust
1995funds. However, a trust fund shall not be increased in excess of
1996the original approved budget, except as provided in subsection
1997(11).
1998     (e)  The amendment shall not conflict with any provision of
1999law.
2000     (f)  The amendment must not provide funding for any issue
2001which was requested by the agency or branch in its legislative
2002budget request and not funded in the General Appropriations Act.
2003     (g)  The amendment must include a written description of
2004the purpose of the proposed change, an indication of why interim
2005budget action is necessary, and the intended recipient of any
2006funds for contracted services.
2007     (h)  The amendment must not provide general salary
2008increases which the Legislature has not authorized in the
2009General Appropriations Act or other laws.
2010     (4)  To the extent possible, individual members of the
2011Senate and the House of Representatives should be advised of
2012budget amendments requested by the executive branch and judicial
2013branch.
2014     (6)(a)  The Executive Office of the Governor or the Chief
2015Justice of the Supreme Court may require the submission of a
2016detailed plan from the agency or entity of the judicial branch
2017affected, consistent with the General Appropriations Act,
2018special appropriations acts, and statements the statement of
2019intent before transferring and releasing the balance of a lump-
2020sum appropriation. The provisions of this paragraph are subject
2021to the notice and review procedures set forth in s. 216.177.
2022     (b)  The Executive Office of the Governor and the Chief
2023Justice of the Supreme Court may amend, without approval of the
2024Legislative Budget Commission, state agency and judicial branch
2025entity budgets, respectively, to reflect the transferred funds
2026and to provide the associated increased salary rate based on the
2027approved plans for lump-sum appropriations. This paragraph is
2028subject to the procedures set forth in s. 216.177.
2029
2030The Executive Office of the Governor shall transmit to each
2031state agency and the Chief Financial Officer, and the Chief
2032Justice shall transmit to each judicial branch component and the
2033Chief Financial Officer, any approved amendments to the approved
2034operating budgets.
2035     (8)  As part of the approved operating budget, the
2036Executive Office of the Governor shall furnish to each state
2037agency, and the Chief Justice of the Supreme Court shall furnish
2038to the entity of the judicial branch, an approved annual salary
2039rate for each budget entity containing a salary appropriation.
2040This rate shall be based upon the actual salary rate and shall
2041be consistent with the General Appropriations Act or special
2042appropriations acts. The annual salary rate shall be:
2043     (a)  Determined by Calculated based on the actual salary
2044rate in effect on June 30, and the salary policy and the number
2045of authorized positions as specified in the General
2046Appropriations Act and adjusted for reorganizations authorized
2047by law, for any other appropriations made by law, and, subject
2048to s. 216.177, for distributions of lump-sum appropriations and
2049administered funds special appropriations acts, or as provided
2050pursuant to s. 216.177.
2051     (b)  Controlled by department or agency; except for the
2052Department of Education, which shall be controlled by division
2053and for the judicial branch, which shall be controlled at the
2054branch level.
2055     (c)  Assigned to the number of authorized positions.
2056     (9)(a)  The calculation for the annual salary rate for
2057vacant and newly authorized positions shall be at no more than
2058the midpoint of the range of the pay grade for the position or
2059as provided in the General Appropriations Act.
2060     (b)  No agency or the judicial branch may exceed its
2061maximum approved annual salary rate for the fiscal year.
2062However, at any time during the fiscal year, an agency or entity
2063of the judicial branch may exceed its approved rate for all
2064budget entities by no more than 5 percent, provided that, by
2065June 30 of every fiscal year, the agency or entity of the
2066judicial branch has reduced its salary rate so that the salary
2067rate for each department budget entity is within the approved
2068rate limit for that department budget entity.
2069     (10)(a)  The Legislative Budget Commission Executive Office
2070of the Governor and the Chief Justice of the Supreme Court may
2071authorize increases or decreases in increase or decrease the
2072approved salary rate for positions for the purpose of
2073implementing the General Appropriations Act, special
2074appropriations acts, and actions pursuant to s. 216.262
2075consistent with legislative intent and policy. Other adjustments
2076to approved salary rate must be approved by the Legislative
2077Budget Commission pursuant to the request of the agency filed
2078with the Executive Office of the Governor or pursuant to the
2079request of an entity of the judicial branch filed with the Chief
2080Justice of the Supreme Court, if deemed necessary and in the
2081best interest of the state and consistent with legislative
2082policy and intent. The provisions of this paragraph are subject
2083to the notice and review procedures set forth in s. 216.177.
2084     (b)  Lump-sum salary bonuses may be provided only if
2085specifically appropriated or provided pursuant to s. 110.1245 or
2086s. 216.1815.
2087     (c)  State agencies and the judicial branch shall report,
2088each fiscal quarter, the number of filled positions, the number
2089of vacant positions, and the salary rate associated with each
2090category to the Legislative Budget Commission in a form and
2091manner prescribed by the commission.
2092     (d)  The salary rate provisions of subsections (8) and (9)
2093and this subsection do not apply to the general office program
2094of the Executive Office of the Governor.
2095     (12)  There is appropriated nonoperating budget for
2096refunds, payments to the United States Treasury, and payments of
2097the service charge to the General Revenue Fund, and transfers of
2098funds specifically required by law. Such authorized budget,
2099together with related releases, shall be transmitted by the
2100state agency or by the judicial branch to the Chief Financial
2101Officer for entry in his or her records in the manner and format
2102prescribed by the Executive Office of the Governor in
2103consultation with the Chief Financial Officer. A copy of such
2104authorized budgets shall be furnished to the Executive Office of
2105the Governor or the Chief Justice, the chairs of the legislative
2106committees responsible for developing the general appropriations
2107acts, and the Auditor General. Notwithstanding the duty
2108specified for each state agency in s. 17.61(3), the Governor may
2109withhold approval of nonoperating investment authority for
2110certain trust funds when deemed in the best interest of the
2111state. The Governor for the executive branch, and the Chief
2112Justice for the judicial branch, may establish nonoperating
2113budgets, with the approval of the chairs of the Senate and the
2114House of Representatives appropriations committees, for
2115transfers, purchase of investments, special expenses,
2116distributions, transfers of funds specifically required by law,
2117and any other nonoperating budget categories they deem necessary
2118and in the best interest of the state and consistent with
2119legislative intent and policy. The provisions of this subsection
2120are subject to the notice, review, and objection procedures set
2121forth in s. 216.177. For purposes of this section, the term
2122"nonoperating budgets" means nonoperating disbursement authority
2123for purchase of investments, refunds, payments to the United
2124States Treasury, transfers of funds specifically required by
2125law, distributions of assets held by the state in a trustee
2126capacity as an agent of fiduciary, special expenses, and other
2127nonoperating budget categories, as determined necessary by the
2128Executive Office of the Governor and the chairs of the Senate
2129and the House of Representatives appropriations committees, not
2130otherwise appropriated in the General Appropriations Act. The
2131establishment of nonoperating budget authority shall be deemed
2132approved by a chair of a legislative committee if written notice
2133of the objection is not provided to the Governor or Chief
2134Justice, as appropriate, within 14 days of the chair receiving
2135notice of the action pursuant to the provisions of s. 216.177.
2136     (16)(a)  Funds provided in any specific appropriation in
2137the General Appropriations Act may be advanced if the General
2138Appropriations Act specifically so provides.
2139     (b)  Any agency, or the judicial branch, that has been
2140authorized by the General Appropriations Act or expressly
2141authorized by other law to make advances for program startup or
2142advances for contracted services, in total or periodically,
2143shall limit such disbursements to other governmental entities
2144and not-for-profit corporations. The amount that which may be
2145advanced shall not exceed the expected cash needs of the
2146contractor or recipient within the initial 3 months. Thereafter,
2147disbursements shall only be made on a reimbursement basis. Any
2148agreement that provides for advancements may contain a clause
2149that permits the contractor or recipient to temporarily invest
2150the proceeds, provided that any interest income shall either be
2151returned to the agency or be applied against the agency's
2152obligation to pay the contract amount. This paragraph does not
2153constitute lawful authority to make any advance payment not
2154otherwise authorized by laws relating to a particular agency or
2155general laws relating to the expenditure or disbursement of
2156public funds. The Chief Financial Officer may, after
2157consultation with the legislative appropriations committees,
2158advance funds beyond a 3-month requirement if it is determined
2159to be consistent with the intent of the approved operating
2160budget.
2161     (c)  Unless specifically prohibited in the General
2162Appropriations Act, funds appropriated to the Department of
2163Children and Family Services and the Department of Health may be
2164advanced for those contracted services that were approved for
2165advancement by the Comptroller in fiscal year 1993-1994,
2166including those services contracted on a fixed-price or unit-
2167cost basis.
2168     Section 30.  Section 216.192, Florida Statutes, is amended
2169to read:
2170     216.192  Release of appropriations; revision of budgets.--
2171     (1)  Unless otherwise provided in the General
2172Appropriations Act, on July 1 of each fiscal year, up to 25
2173percent of the original approved operating budget of each agency
2174and of the judicial branch may be released until such time as
2175annual plans for quarterly releases for all appropriations have
2176been developed, approved, and furnished to the Chief Financial
2177Officer by the Executive Office of the Governor for state
2178agencies and by the Chief Justice of the Supreme Court for the
2179judicial branch. The plans, including appropriate plans of
2180releases for fixed capital outlay projects that correspond with
2181each project schedule, shall attempt to maximize the use of
2182trust funds and shall be transmitted to the Chief Financial
2183Officer by August 1 of each fiscal year. Such releases shall at
2184no time exceed the total appropriations available to a state
2185agency or to the judicial branch, or the approved budget for
2186such agency or the judicial branch if less. The Chief Financial
2187Officer shall enter such releases in his or her records in
2188accordance with the release plans prescribed by the Executive
2189Office of the Governor and the Chief Justice, unless otherwise
2190amended as provided by law. The Executive Office of the Governor
2191and the Chief Justice shall transmit a copy of the approved
2192annual releases to the head of the state agency, the chair and
2193vice chair of the Legislative Budget Commission, and the Auditor
2194General. The Chief Financial Officer shall authorize all
2195expenditures to be made from the appropriations on the basis of
2196such releases and in accordance with the approved budget, and
2197not otherwise. Expenditures shall be authorized only in
2198accordance with legislative authorizations. Nothing herein
2199precludes periodic reexamination and revision by the Executive
2200Office of the Governor or by the Chief Justice of the annual
2201plans for release of appropriations and the notifications of the
2202parties of all such revisions.
2203     (2)  Any department under the direct supervision of a
2204member of the Cabinet or of a board consisting of the Governor
2205and members of the Cabinet which contends that the plan for
2206releases of funds appropriated to it is contrary to the approved
2207operating budget shall have the right to have the issue reviewed
2208by the Administration Commission which shall decide such issue
2209by majority vote. The appropriations committees of the
2210Legislature may advise the Administration Commission on the
2211issue.
2212     (3)  The Executive Office of the Governor shall make
2213releases within the amounts appropriated and as requested for
2214all appropriations to the legislative branch, and the provisions
2215of subsections (1) and (2) shall not apply to the legislative
2216branch.
2217     (4)  The legislative appropriations committees may advise
2218the Chief Financial Officer, the Executive Office of the
2219Governor, or the Chief Justice relative to the release of any
2220funds under this section.
2221     (4)(5)  The annual plans of releases authorized by this
2222section may be considered by the Revenue Estimating Conference
2223in preparation of the statement of financial outlook.
2224     (5)  In order to implement directives contained in the
2225General Appropriations Act or to prevent deficits pursuant to s.
2226216.221, the Executive Office of the Governor for the executive
2227branch and the Chief Justice for the judicial branch may place
2228appropriations in budget reserve or mandatory reserve.
2229     (6)  All budget actions taken pursuant to the provisions of
2230this section are subject to the notice and review procedures set
2231forth in s. 216.177.
2232     Section 31.  Section 216.195, Florida Statutes, is amended
2233to read:
2234     216.195  Impoundment of funds; restricted.--The Executive
2235Office of the Governor, the Chief Justice of the Supreme Court,
2236any member of the Cabinet, or any state agency shall not impound
2237any appropriation except as necessary to avoid or eliminate a
2238deficit pursuant to the provisions of s. 216.221. As used in
2239this section, the term "impoundment" means the omission of any
2240appropriation or part of an appropriation in the approved
2241operating plan prepared pursuant to s. 216.181 or in the
2242schedule of releases prepared pursuant to s. 216.192 or the
2243failure of any state agency or the judicial branch to spend an
2244appropriation for the stated purposes authorized in the approved
2245operating budget. The provisions of this section are subject to
2246the notice and review procedures of s. 216.177. The Governor or
2247either house of the Legislature may seek judicial review of any
2248action or proposed action which violates the provisions of this
2249section.
2250     Section 32.  Subsections (2), (3), (5), (7), (9), and (10)
2251of section 216.221, Florida Statutes, are amended to read:
2252     216.221  Appropriations as maximum appropriations;
2253adjustment of budgets to avoid or eliminate deficits.--
2254     (2)  The Legislature may annually provide direction in the
2255General Appropriations Act regarding use of any state funds the
2256Budget Stabilization Fund and Working Capital Fund to offset
2257General Revenue Fund deficits.
2258     (3)  For purposes of preventing a deficit in the General
2259Revenue Fund, all branches and agencies of government that
2260receive General Revenue Fund appropriations shall participate in
2261deficit reduction efforts. Absent specific legislative direction
2262in the General Appropriations Act, when budget reductions are
2263required in order to prevent a deficit under the provisions of
2264subsection (7), each branch shall reduce its General Revenue
2265Fund appropriations by a proportional amount.
2266     (5)(a)  If, in the opinion of the Governor, after
2267consultation with the Revenue Estimating Conference, a deficit
2268will occur in the General Revenue Fund, he or she shall so
2269certify to the commission and to the Chief Justice of the
2270Supreme Court. No more than 30 days after certifying that a
2271deficit will occur in the General Revenue Fund, the Governor
2272shall develop for the executive branch, and the Chief Justice of
2273the Supreme Court shall develop for the judicial branch, and
2274provide to the commission and to the Legislature plans of action
2275to eliminate the deficit.
2276     (b)  If, in the opinion of the President of the Senate and
2277the Speaker of the House of Representatives, after consultation
2278with the Revenue Estimating Conference, a deficit will occur in
2279the General Revenue Fund and the Governor has not certified the
2280deficit, the President of the Senate and the Speaker of the
2281House of Representatives shall so certify. Within 30 days after
2282such certification, the Governor shall develop for the executive
2283branch and the Chief Justice of the Supreme Court shall develop
2284for the judicial branch and provide to the commission and to the
2285Legislature plans of action to eliminate the deficit.
2286     (c)(b)  In developing a plan of action to prevent deficits
2287in accordance with subsection (7), the Governor and Chief
2288Justice shall, to the extent possible, preserve legislative
2289policy and intent, and, absent any specific direction to the
2290contrary in the General Appropriations Act, the Governor and
2291Chief Justice shall comply with the following guidelines for
2292reductions in the approved operating budgets of the executive
2293branch and the judicial branch:
2294     1.  Entire statewide programs previously established by the
2295Legislature should not be eliminated.
2296     1.2.  Education budgets should not be reduced more than
2297provided for in s. 215.16(2).
2298     2.3.  The use of nonrecurring funds to solve recurring
2299deficits should be minimized.
2300     3.4.  Newly created programs that are not fully implemented
2301and programs with critical audits, evaluations, and reviews
2302should receive first consideration for reductions.
2303     4.5.  No agencies or branches of government receiving
2304appropriations should be exempt from reductions.
2305     5.6.  When reductions in positions are required, the focus
2306should be initially on vacant positions.
2307     7.  Any reductions applied to all agencies and branches
2308should be uniformly applied.
2309     6.8.  Reductions that would cause substantial losses of
2310federal funds should be minimized.
2311     9.  To the greatest extent possible, across-the-board,
2312prorated reductions should be considered.
2313     7.10.  Reductions to statewide programs should occur only
2314after review of programs that provide only local benefits.
2315     8.11.  Reductions in administrative and support functions
2316should be considered before reductions in direct-support
2317services.
2318     9.12.  Maximum reductions should be considered in budgets
2319for expenses including travel and in budgets for equipment
2320replacement, outside consultants, and contracts.
2321     10.13.  Reductions in salaries for elected state officials
2322should be considered.
2323     11.14.  Reductions that adversely affect the public health,
2324safety, and welfare should be minimized.
2325     12.15.  The Budget Stabilization Fund should not be reduced
2326to a level that would impair the financial stability of this
2327state.
2328     13.16.  Reductions in programs that are traditionally
2329funded by the private sector and that may be assumed by private
2330enterprise should be considered.
2331     14.17.  Reductions in programs that are duplicated among
2332state agencies or branches of government should be considered.
2333     (7)  Deficits in the General Revenue Fund that do not meet
2334the amounts specified by subsection (6) shall be resolved by the
2335Governor commission for the executive branch and the Chief
2336Justice of the Supreme Court for the judicial branch. The
2337Governor commission and Chief Justice shall implement any
2338directions provided in the General Appropriations Act related to
2339eliminating deficits and to reducing agency and judicial branch
2340budgets, including the use of those legislative appropriations
2341voluntarily placed in reserve. In addition, the Governor and
2342Chief Justice commission shall implement any directions in the
2343General Appropriations Act relating to the resolution of deficit
2344situations. When reducing state agency or judicial branch
2345budgets, the Governor commission or the Chief Justice,
2346respectively, shall use the guidelines prescribed in subsection
2347(5). The Executive Office of the Governor for the commission,
2348and the Chief Justice for the judicial branch, shall implement
2349the deficit reduction plans through amendments to the approved
2350operating budgets in accordance with s. 216.181.
2351     (9)  If, in the opinion of the Chief Financial Officer,
2352after consultation with the Revenue Estimating Conference, a
2353deficit will occur, he or she shall report his or her opinion to
2354the Governor, the President of the Senate, and the Speaker of
2355the House of Representatives in writing. In the event the
2356Governor does not certify a deficit, or the President of the
2357Senate and the Speaker of the House of Representatives do not
2358certify a deficit within 10 days after the Chief Financial
2359Officer's report, the Chief Financial Officer shall report his
2360or her findings and opinion to the commission and the Chief
2361Justice of the Supreme Court.
2362     (10)  When advised by the Revenue Estimating Conference,
2363the Chief Financial Officer, or any agency responsible for a
2364trust fund that a deficit will occur with respect to the
2365appropriations from a specific trust fund in the current fiscal
2366year, the Governor for the executive branch, or the Chief
2367Justice for the judicial branch, shall develop a plan of action
2368to eliminate the deficit. Before implementing the plan of
2369action, the Governor or the Chief Justice must comply with the
2370provisions of s. 216.177(2), and actions to resolve deficits in
2371excess of $1 million must be approved by the Legislative Budget
2372Commission. In developing the plan of action, the Governor or
2373the Chief Justice shall, to the extent possible, preserve
2374legislative policy and intent, and, absent any specific
2375directions to the contrary in the General Appropriations Act,
2376any reductions in appropriations from the trust fund for the
2377fiscal year shall be prorated among the specific appropriations
2378made from the trust fund for the current fiscal year.
2379     Section 33.  Subsection (2) of section 216.231, Florida
2380Statutes, is amended to read:
2381     216.231  Release of certain classified appropriations.--
2382     (2)  The release of appropriated funds classified as
2383"deficiency" shall be approved only when a General Revenue Fund
2384appropriation for operations of a state agency or of the
2385judicial branch is inadequate because the workload or cost of
2386the operation exceeds that anticipated by the Legislature and a
2387determination has been made by the Governor commission that the
2388deficiency will result in an impairment of the activities of an
2389agency or of the judicial branch to the extent that the agency
2390is unable to carry out its program as provided by the
2391Legislature in the general appropriations acts. These funds may
2392not be used for creation of any new agency or program, for
2393increases of salary, or for the construction or equipping of
2394additional buildings.
2395     Section 34.  Subsections (3), (6), and (11) of section
2396216.235, Florida Statutes, are amended to read:
2397     216.235  Innovation Investment Program.--
2398     (3)  For purposes of this section:
2399     (a)  "Agency" means an official, officer, commission,
2400authority, council, committee, department, division, bureau,
2401board, section, or other unit or entity of the executive branch.
2402     (b)  "Commission" means the Information Resource
2403Commission.
2404     (b)(c)  "Committee" means the State Innovation Committee.
2405     (c)(d)  "Office" means the Office of Tourism, Trade, and
2406Economic Development within the Executive Office of the
2407Governor.
2408     (d)(e)  "Review board" means a nonpartisan board composed
2409of private citizens and public employees who evaluate the
2410projects and make funding recommendations to the committee.
2411     (6)  Any agency developing an innovative investment project
2412proposal that involves information technology resources may
2413consult with and seek technical assistance from the State
2414Technology Office commission. The office shall consult with the
2415State Technology Office commission for any project proposal that
2416involves information resource technology. The State Technology
2417Office commission is responsible for evaluating these projects
2418and for advising the committee and review board of the technical
2419feasibility and any transferable benefits of the proposed
2420technology. In addition to the requirements of subsection (5),
2421the agencies shall provide to the State Technology Office
2422commission any information requested by the State Technology
2423Office commission to aid in determining that the proposed
2424technology is appropriate for the project's success.
2425     (11)  Funds appropriated for the Innovation Investment
2426Program shall be distributed by the Executive Office of the
2427Governor subject to notice, review, and objection procedures set
2428forth in s. 216.177. The office may transfer funds from the
2429annual appropriation as necessary to administer the program.
2430Proposals considered but not funded by the Legislature as part
2431of an agency legislative budget request or the Governor's budget
2432recommendation are not eligible to receive funding under the
2433Innovation Investment Program.
2434     Section 35.  Section 216.241, Florida Statutes, is amended
2435to read:
2436     216.241  Initiation or commencement of new programs;
2437approval; expenditure of certain revenues.--
2438     (1)  A state agency or the judicial branch may not initiate
2439or commence any new program, including any new federal program
2440or initiative, or make changes in its current programs, as
2441provided for in the appropriations act, that require additional
2442financing unless funds have been specifically appropriated by
2443the Legislature or unless the Legislative Budget Commission or
2444the Chief Justice of the Supreme Court expressly approves such
2445new program or changes. The commission and the Chief Justice
2446shall give notice as provided in s. 216.177 prior to approving
2447such new program or changes.
2448     (2)  No Changes that which are inconsistent with the
2449approved operating budget may not shall be made to existing
2450programs unless such changes are recommended to the Legislative
2451Budget Commission by the Governor or the Chief Justice and the
2452Legislative Budget Commission expressly approves such program
2453changes. The provisions of This subsection is are subject to the
2454notice, review, and objection procedures set forth in s.
2455216.177.
2456     (3)  Any revenues generated by any tax or fee imposed by
2457amendment to the State Constitution after October 1, 1999, shall
2458not be expended by any agency, as defined in s. 120.52(1),
2459except pursuant to appropriation by the Legislature.
2460     Section 36.  Subsection (2) of section 216.251, Florida
2461Statutes, is amended to read:
2462     216.251  Salary appropriations; limitations.--
2463     (2)(a)  The salary for each position not specifically
2464indicated in the appropriations acts shall be as provided in one
2465of the following subparagraphs:
2466     1.  Within the classification and pay plans provided for in
2467chapter 110.
2468     2.  Within the classification and pay plans established by
2469the Board of Trustees for the Florida School for the Deaf and
2470the Blind of the Department of Education and approved by the
2471State Board of Education for academic and academic
2472administrative personnel.
2473     3.  Within the classification and pay plan approved and
2474administered by the State Board of Education and the Board of
2475Governors Board of Regents for those positions in the State
2476University System.
2477     4.  Within the classification and pay plan approved by the
2478President of the Senate and the Speaker of the House of
2479Representatives, as the case may be, for employees of the
2480Legislature.
2481     5.  Within the approved classification and pay plan for the
2482judicial branch.
2483     6.  The salary of all positions not specifically included
2484in this subsection shall be set by the commission or by the
2485Chief Justice for the judicial branch.
2486     (b)  Salary payments shall be made only to employees
2487filling established positions included in the agency's or in the
2488judicial branch's approved budgets and amendments thereto as may
2489be provided by law; provided, however:
2490     1.  Reclassification of established positions may be
2491accomplished when justified in accordance with the established
2492procedures for reclassifying positions; or
2493     2.  When the Division of Risk Management of the Department
2494of Financial Services has determined that an employee is
2495entitled to receive a temporary partial disability benefit or a
2496temporary total disability benefit pursuant to the provisions of
2497s. 440.15 and there is medical certification that the employee
2498cannot perform the duties of the employee's regular position,
2499but the employee can perform some type of work beneficial to the
2500agency, the agency may return the employee to the payroll, at
2501his or her regular rate of pay, to perform such duties as the
2502employee is capable of performing, even if there is not an
2503established position in which the employee can be placed.
2504Nothing in this subparagraph shall abrogate an employee's rights
2505under chapter 440 or chapter 447, nor shall it adversely affect
2506the retirement credit of a member of the Florida Retirement
2507System in the membership class he or she was in at the time of,
2508and during, the member's disability.
2509     Section 37.  Paragraphs (a) and (c) of subsection (1) of
2510section 216.262, Florida Statutes, are amended to read:
2511     216.262  Authorized positions.--
2512     (1)(a)  Unless otherwise expressly provided by law, the
2513total number of authorized positions may not exceed the total
2514provided in the appropriations acts. In the event any state
2515agency or entity of the judicial branch finds that the number of
2516positions so provided is not sufficient to administer its
2517authorized programs, it may file an application with the
2518Executive Office of the Governor or the Chief Justice; and, if
2519the Executive Office of the Governor or Chief Justice certifies
2520that there are no authorized positions available for addition,
2521deletion, or transfer within the agency as provided in paragraph
2522(c) and recommends an increase in the number of positions, the
2523Governor or the Chief Justice may recommend, after a public
2524hearing, authorize an increase in the number of positions for
2525the following reasons only:
2526     1.  To implement or provide for continuing federal grants
2527or changes in grants not previously anticipated.;
2528     2.  To meet emergencies pursuant to s. 252.36.;
2529     3.  To satisfy new federal regulations or changes therein.;
2530     4.  To take advantage of opportunities to reduce operating
2531expenditures or to increase the revenues of the state or local
2532government.; and
2533     5.  To authorize positions that which were not fixed by the
2534Legislature through error in drafting the appropriations acts.
2535
2536Actions recommended pursuant to The provisions of this paragraph
2537are subject to approval by the Legislative Budget Commission.
2538the notice and review procedures set forth in s. 216.177. A copy
2539of the application, The certification, and the final
2540authorization shall be provided to filed with the Legislative
2541Budget Commission, the appropriations committees, and with the
2542Auditor General.
2543     (c)1.  The Executive Office of the Governor, under such
2544procedures and qualifications as it deems appropriate, shall,
2545upon agency request, delegate to any state agency authority to
2546add and delete authorized positions or transfer authorized
2547positions from one budget entity to another budget entity within
2548the same division, and may approve additions and deletions of
2549authorized positions or transfers of authorized positions within
2550the state agency when such changes would enable the agency to
2551administer more effectively its authorized and approved
2552programs. The additions or deletions must be consistent with the
2553intent of the approved operating budget, must be consistent with
2554legislative policy and intent, and must not conflict with
2555specific spending policies specified in the General
2556Appropriations Act.
2557     2.  The Chief Justice of the Supreme Court shall have the
2558authority to establish procedures for the judicial branch to add
2559and delete authorized positions or transfer authorized positions
2560from one budget entity to another budget entity, and to add and
2561delete authorized positions within the same budget entity, when
2562such changes are consistent with legislative policy and intent
2563and do not conflict with spending policies specified in the
2564General Appropriations Act.
2565     3.a.  A state agency may be eligible to retain salary
2566dollars for authorized positions eliminated after July 1, 2001.
2567The agency must certify the eliminated positions to the
2568Legislative Budgeting Commission.
2569     b.  The Legislative Budgeting Commission shall authorize
2570the agency to retain 20 percent of the salary dollars associated
2571with the eliminated positions and may authorize retention of a
2572greater percentage. All such salary dollars shall be used for
2573permanent salary increases.
2574     Section 38.  Section 216.292, Florida Statutes, is amended
2575to read:
2576     (Substantial rewording of section. See
2577     s. 216.292, F.S., for present text.)
2578     216.292  Appropriations nontransferable; exceptions.--
2579     (1)(a)  Funds provided in the General Appropriations Act or
2580as otherwise expressly provided by law shall be expended only
2581for the purpose for which appropriated, except that such moneys
2582may be transferred as provided in this section when it is
2583determined to be in the best interest of the state.
2584Appropriations for fixed capital outlay may not be expended for
2585any other purpose. Appropriations may not be transferred between
2586state agencies, or between a state agency and the judicial
2587branch, unless specifically authorized by law.
2588     (b)1.  Authorized revisions of the original approved
2589operating budget, together with related changes in the plan for
2590release of appropriations, if any, shall be transmitted by the
2591state agency or by the judicial branch to the Executive Office
2592of the Governor or the Chief Justice, respectively, the chairs
2593of the Senate and the House of Representatives appropriations
2594committees, the Office of Program Policy Analysis and Government
2595Accountability, and the Auditor General. Such authorized
2596revisions shall be consistent with the intent of the approved
2597operating budget, shall be consistent with legislative policy
2598and intent, and may not conflict with specific spending policies
2599specified in the General Appropriations Act.
2600     2.  Authorized revisions, together with related changes, if
2601any, in the plan for release of appropriations shall be
2602transmitted by the state agency or by the judicial branch to the
2603Chief Financial Officer for entry in the Chief Financial
2604Officer's records in the manner and format prescribed by the
2605Executive Office of the Governor in consultation with the Chief
2606Financial Officer.
2607     3.  The Executive Office of the Governor or the Chief
2608Justice shall forward a copy of the revisions within 7 working
2609days to the Chief Financial Officer for entry in his or her
2610records in the manner and format prescribed by the Executive
2611Office of the Governor in consultation with the Chief Financial
2612Officer.
2613     (2)  The following transfers are authorized to be made by
2614the head of each department or the Chief Justice of the Supreme
2615Court whenever it is deemed necessary by reason of changed
2616conditions:
2617     (a)  The transfer of appropriations funded from identical
2618funding sources, except appropriations for fixed capital outlay,
2619and the transfer of amounts included within the total original
2620approved budget and plans of releases of appropriations as
2621furnished pursuant to ss. 216.181 and 216.192, as follows:
2622     1.  Between categories of appropriations within a budget
2623entity, if no category of appropriation is increased or
2624decreased by more than 5 percent of the original approved budget
2625or $250,000, whichever is greater, by all action taken under
2626this subsection.
2627     2.  Between budget entities within identical categories of
2628appropriations, if no category of appropriation is increased or
2629decreased by more than 5 percent of the original approved budget
2630or $250,000, whichever is greater, by all action taken under
2631this subsection.
2632     3.  Any agency exceeding salary rate established pursuant
2633to s. 216.181(8) on June 30th of any fiscal year shall not be
2634authorized to make transfers pursuant to subparagraphs 1. and 2.
2635in the subsequent fiscal year.
2636     4.  Notice of proposed transfers under subparagraphs 1. and
26372. shall be provided to the Executive Office of the Governor and
2638the chairs of the legislative appropriations committees at least
26393 days prior to agency implementation in order to provide an
2640opportunity for review. The review shall be limited to ensuring
2641that the transfer is in compliance with the requirements of this
2642paragraph.
2643     (b)  After providing notice at least 5 working days prior
2644to implementation:
2645     1.  The transfer of funds within programs identified in the
2646General Appropriations Act from identical funding sources
2647between the following appropriation categories without
2648limitation so long as such a transfer does not result in an
2649increase, to the total recurring general revenue or trust fund
2650cost of the agency or entity of the judicial branch in the
2651subsequent fiscal year: other personal services, expenses,
2652operating capital outlay, food products, state attorney and
2653public defender operations, data processing services, operating
2654and maintenance of patrol vehicles, overtime payments, salary
2655incentive payments, compensation to retired judges, law
2656libraries, and juror and witness payments.
2657     2.  The transfer of funds and positions from identical
2658funding sources between salaries and benefits appropriation
2659categories within programs identified in the General
2660Appropriations Act. Such transfers must be consistent with
2661legislative policy and intent and may not adversely affect
2662achievement of approved performance outcomes or outputs in any
2663program.
2664     (c)  The transfer of funds appropriated to accounts
2665established for disbursement purposes upon release of such
2666appropriation upon request of a department and approval by the
2667Chief Financial Officer. Such transfer may only be made to the
2668same appropriation category and the same funding source from
2669which the funds are transferred.
2670     (d)  The transfer of funds by the Executive Office of the
2671Governor from appropriations for public school operations to a
2672fixed capital outlay appropriation for class size reduction
2673based on recommendations of the Florida Education Finance
2674Program Appropriation Allocation Conference or the Legislative
2675Budget Commission pursuant to s. 1003.03(4)(a). Actions by the
2676Governor under this subsection are subject to the notice and
2677review provisions of s. 216.177.
2678     (3)  The following transfers are authorized with the
2679approval of the Executive Office of the Governor for the
2680executive branch or the Chief Justice for the judicial branch,
2681subject to the notice and review provisions of s. 216.177:
2682     (a)  The transfer of appropriations for operations from
2683trust funds in excess of those provided in subsection (2), up to
2684$1 million.
2685     (b)  The transfer of positions between budget entities.
2686     (4)  The following transfers are authorized with the
2687approval of the Legislative Budget Commission. Unless waived by
2688the chair and vice chair of the commission, notice of such
2689transfers must be provided 14 days before the commission
2690meeting:
2691     (a)  The transfer of appropriations for operations from the
2692General Revenue Fund in excess of those provided in this section
2693but within a state agency or within the judicial branch, as
2694recommended by the Executive Office of the Governor or the Chief
2695Justice of the Supreme Court.
2696     (b)  The transfer of appropriations for operations from
2697trust funds in excess of those provided in this section that
2698exceed the greater of 5 percent of the original approved budget
2699or $1 million, as recommended by the Executive Office of the
2700Governor or the Chief Justice of the Supreme Court.
2701     (c)  The transfer of the portion of an appropriation for a
2702named fixed capital outlay project found to be in excess of that
2703needed to complete the project to another project for which
2704there has been an appropriation in the same fiscal year from the
2705same fund and within the same department where a deficiency is
2706found to exist, at the request of the Executive Office of the
2707Governor for state agencies or the Chief Justice of the Supreme
2708Court for the judicial branch. The scope of a fixed capital
2709outlay project may not be changed by any transfer of funds made
2710pursuant to this subsection.
2711     (d)  The transfers necessary to accomplish the purposes of
2712reorganization within state agencies or the judicial branch
2713authorized by the Legislature when the necessary adjustments of
2714appropriations and positions have not been provided in the
2715General Appropriations Act.
2716     (5)  A transfer of funds may not result in the initiation
2717of a fixed capital outlay project that has not received a
2718specific legislative appropriation, except that federal funds
2719for fixed capital outlay projects for the Department of Military
2720Affairs, which do not carry a continuing commitment on future
2721appropriations by the Legislature, may be approved by the
2722Executive Office of the Governor for the purpose received,
2723subject to the notice, review, and objection procedures set
2724forth in s. 216.177.
2725     (6)  The Chief Financial Officer shall transfer from any
2726available funds of an agency or the judicial branch the
2727following amounts and shall report all such transfers and the
2728reasons therefor to the legislative appropriations committees
2729and the Executive Office of the Governor:
2730     (a)  The amount due to the Unemployment Compensation Trust
2731Fund which is more than 90 days delinquent on reimbursements due
2732to the Unemployment Compensation Trust Fund. The amount
2733transferred shall be that certified by the state agency
2734providing unemployment tax collection services under contract
2735with the Agency for Workforce Innovation through an interagency
2736agreement pursuant to s. 443.1316.
2737     (b)  The amount due to the Division of Risk Management
2738which is more than 90 days delinquent in payment to the Division
2739of Risk Management of the Department of Financial Services for
2740insurance coverage. The amount transferred shall be that
2741certified by the division.
2742     (c)  The amount due to the Communications Working Capital
2743Trust Fund from moneys appropriated in the General
2744Appropriations Act for the purpose of paying for services
2745provided by the state communications system in the Department of
2746Management Services which is unpaid 45 days after the billing
2747date. The amount transferred shall be that billed by the
2748department.
2749     Section 39.  Section 216.301, Florida Statutes, is amended
2750to read:
2751     216.301  Appropriations; undisbursed balances.--
2752     (1)(a)  Any balance of any appropriation, except an
2753appropriation for fixed capital outlay, which is not disbursed
2754but which is expended or contracted to be expended shall, at the
2755end of each fiscal year, be certified by the head of the
2756affected state agency or the judicial or legislative branches,
2757on or before August 1 of each year, to the Executive Office of
2758the Governor, showing in detail the obligees to whom obligated
2759and the amounts of such obligations. On or before September 1 of
2760each year, the Executive Office of the Governor shall review and
2761approve or disapprove, consistent with legislative policy and
2762intent, any or all of the items and amounts certified by the
2763head of the affected state agency and shall approve all items
2764and amounts certified by the Chief Justice of the Supreme Court
2765for the judicial branch and by the legislative branch and shall
2766furnish the Chief Financial Officer, the legislative
2767appropriations committees, and the Auditor General a detailed
2768listing of the items and amounts approved as legal encumbrances
2769against the undisbursed balance of such appropriation. The
2770review shall assure that trust funds have been fully maximized.
2771Any such encumbered balance remaining undisbursed on December 31
2772of the same calendar year in which such certification was made
2773shall revert to the fund from which appropriated, except as
2774provided in subsection (3), and shall be available for
2775reappropriation by the Legislature. In the event such
2776certification is not made and an obligation is proven to be
2777legal, due, and unpaid, then the obligation shall be paid and
2778charged to the appropriation for the current fiscal year of the
2779state agency or the legislative or judicial branch affected.
2780     (b)  Any balance of any appropriation, except an
2781appropriation for fixed capital outlay, for any given fiscal
2782year remaining after charging against it any lawful expenditure
2783shall revert to the fund from which appropriated and shall be
2784available for reappropriation by the Legislature.
2785     (c)  Each department and the judicial branch shall maintain
2786the integrity of the General Revenue Fund. Appropriations from
2787the General Revenue Fund contained in the original approved
2788budget may be transferred to the proper trust fund for
2789disbursement. Any reversion of appropriation balances from
2790programs which receive funding from the General Revenue Fund and
2791trust funds shall be transferred to the General Revenue Fund
2792within 15 days after such reversion, unless otherwise provided
2793by federal or state law, including the General Appropriations
2794Act. The Executive Office of the Governor or the Chief Justice
2795of the Supreme Court shall determine the state agency or
2796judicial branch programs which are subject to this paragraph.
2797This determination shall be subject to the legislative
2798consultation and objection process in this chapter. The
2799Education Enhancement Trust Fund shall not be subject to the
2800provisions of this section.
2801     (2)(a)  The balance of any appropriation for fixed capital
2802outlay which is not disbursed but expended, contracted, or
2803committed to be expended prior to February 1 of the second
2804fiscal year of the appropriation, or the third fiscal year if it
2805is for an educational facility as defined in chapter 1013 or for
2806a construction project of a state university, shall be certified
2807by the head of the affected state agency or the legislative or
2808judicial branch on February 1 to the Executive Office of the
2809Governor, showing in detail the commitment or to whom obligated
2810and the amount of the commitment or obligation. The Executive
2811Office of the Governor for the executive branch and the Chief
2812Justice for the judicial branch shall review and approve or
2813disapprove, consistent with criteria jointly developed by the
2814Executive Office of the Governor and the legislative
2815appropriations committees, the continuation of such unexpended
2816balances. The Executive Office of the Governor shall, no later
2817than February 20 of each year, furnish the Chief Financial
2818Officer, the legislative appropriations committees, and the
2819Auditor General a report listing in detail the items and amounts
2820reverting under the authority of this subsection, including the
2821fund to which reverted and the agency affected.
2822     (b)  The certification required in this subsection shall be
2823in the form and on the date approved by the Executive Office of
2824the Governor. Any balance that is not certified shall revert to
2825the fund from which it was appropriated and be available for
2826reappropriation.
2827     (c)  The balance of any appropriation for fixed capital
2828outlay certified forward under paragraph (a) which is not
2829disbursed but expended, contracted, or committed to be expended
2830prior to the end of the second fiscal year of the appropriation,
2831or the third fiscal year if it is for an educational facility as
2832defined in chapter 1013 or for a construction project of a state
2833university, and any subsequent fiscal year, shall be certified
2834by the head of the affected state agency or the legislative or
2835judicial branch on or before August 1 of each year to the
2836Executive Office of the Governor, showing in detail the
2837commitment or to whom obligated and the amount of such
2838commitment or obligation. On or before September 1 of each year,
2839the Executive Office of the Governor shall review and approve or
2840disapprove, consistent with legislative policy and intent, any
2841or all of the items and amounts certified by the head of the
2842affected state agency and shall approve all items and amounts
2843certified by the Chief Justice of the Supreme Court and by the
2844legislative branch and shall furnish the Chief Financial
2845Officer, the legislative appropriations committees, and the
2846Auditor General a detailed listing of the items and amounts
2847approved as legal encumbrances against the undisbursed balances
2848of such appropriations. If such certification is not made and
2849the balance of the appropriation has reverted and the obligation
2850is proven to be legal, due, and unpaid, the obligation shall be
2851presented to the Legislature for its consideration.
2852     (3)  The President of the Senate and the Speaker of the
2853House of Representatives may notify the Executive Office of the
2854Governor to retain certified-forward balances from legislative
2855budget entities until June 30 of the following fiscal year.
2856     (2)(a)  Any balance of any appropriation for fixed capital
2857outlay not disbursed but expended or contracted or committed to
2858be expended shall, at the end of each fiscal year, be certified
2859by the head of the affected state agency or the legislative or
2860judicial branch, on or before August 1 of each year, to the
2861Executive Office of the Governor, showing in detail the
2862commitment or to whom obligated and the amount of such
2863commitment or obligation. On or before September 1 of each year,
2864the Executive Office of the Governor shall review and approve or
2865disapprove, consistent with legislative policy and intent, any
2866or all of the items and amounts certified by the head of the
2867affected state agency and shall approve all items and amounts
2868certified by the Chief Justice of the Supreme Court and by the
2869legislative branch and shall furnish the Chief Financial
2870Officer, the legislative appropriations committees, and the
2871Auditor General a detailed listing of the items and amounts
2872approved as legal encumbrances against the undisbursed balances
2873of such appropriations. In the event such certification is not
2874made and the balance of the appropriation has reverted and the
2875obligation is proven to be legal, due, and unpaid, then the same
2876shall be presented to the Legislature for its consideration.
2877     (b)  Such certification as herein required shall be in the
2878form and on the date approved by the Executive Office of the
2879Governor. Any balance not so certified shall revert to the fund
2880from which appropriated and shall be available for
2881reappropriation.
2882     (3)  Notwithstanding the provisions of subsection (2), the
2883unexpended balance of any appropriation for fixed capital outlay
2884subject to but not under the terms of a binding contract or a
2885general construction contract prior to February 1 of the second
2886fiscal year, or the third fiscal year if it is for an
2887educational facility as defined in chapter 1013 or a
2888construction project of a state university, of the appropriation
2889shall revert on February 1 of such year to the fund from which
2890appropriated and shall be available for reappropriation. The
2891Executive Office of the Governor shall, not later than February
289220 of each year, furnish the Chief Financial Officer, the
2893legislative appropriations committees, and the Auditor General a
2894report listing in detail the items and amounts reverting under
2895the authority of this subsection, including the fund to which
2896reverted and the agency affected.
2897     Section 40.  Effective July 1, 2006, subsection (1) of
2898section 216.301, Florida Statutes, as amended by this act, is
2899amended to read:
2900     216.301  Appropriations; undisbursed balances.--
2901     (1)(a)  Any balance of any appropriation, except an
2902appropriation for fixed capital outlay, which is not disbursed
2903but which is expended or contracted to be expended shall, at the
2904end of each fiscal year, be certified by the head of the
2905affected state agency or the judicial or legislative branches,
2906on or before August 1 of each year, to the Executive Office of
2907the Governor, showing in detail the obligees to whom obligated
2908and the amounts of such obligations. On or before September 1 of
2909each year, the Executive Office of the Governor shall review and
2910approve or disapprove, consistent with legislative policy and
2911intent, any or all of the items and amounts certified by the
2912head of the affected state agency and shall approve all items
2913and amounts certified by the Chief Justice of the Supreme Court
2914for the judicial branch and by the legislative branch and shall
2915furnish the Chief Financial Officer, the legislative
2916appropriations committees, and the Auditor General a detailed
2917listing of the items and amounts approved as legal encumbrances
2918against the undisbursed balance of such appropriation. The
2919review shall assure that trust funds have been fully maximized.
2920Any such encumbered balance remaining undisbursed on September
292130 December 31 of the same calendar year in which such
2922certification was made shall revert to the fund from which
2923appropriated, except as provided in subsection (3), and shall be
2924available for reappropriation by the Legislature. In the event
2925such certification is not made and an obligation is proven to be
2926legal, due, and unpaid, then the obligation shall be paid and
2927charged to the appropriation for the current fiscal year of the
2928state agency or the legislative or judicial branch affected.
2929     (b)  Any balance of any appropriation, except an
2930appropriation for fixed capital outlay, for any given fiscal
2931year remaining after charging against it any lawful expenditure
2932shall revert to the fund from which appropriated and shall be
2933available for reappropriation by the Legislature.
2934     (c)  Each department and the judicial branch shall maintain
2935the integrity of the General Revenue Fund. Appropriations from
2936the General Revenue Fund contained in the original approved
2937budget may be transferred to the proper trust fund for
2938disbursement. Any reversion of appropriation balances from
2939programs which receive funding from the General Revenue Fund and
2940trust funds shall be transferred to the General Revenue Fund
2941within 15 days after such reversion, unless otherwise provided
2942by federal or state law, including the General Appropriations
2943Act. The Executive Office of the Governor or the Chief Justice
2944of the Supreme Court shall determine the state agency or
2945judicial branch programs which are subject to this paragraph.
2946This determination shall be subject to the legislative
2947consultation and objection process in this chapter. The
2948Education Enhancement Trust Fund shall not be subject to the
2949provisions of this section.
2950     Section 41.  Subsection (3) of section 218.60, Florida
2951Statutes, is amended to read:
2952     218.60  Definitions.--
2953     (3)  All estimates of moneys provided pursuant to this part
2954utilized by participating units of local government in the first
2955year of participation shall be equal to 95 percent of those
2956projections made by the revenue estimating conference and
2957provided to local governments by the Office of Economic and
2958Demographic Research, in consultation with the Department of
2959Revenue.
2960     Section 42.  Subsection (2) of section 252.37, Florida
2961Statutes, is amended to read:
2962     252.37  Financing.--
2963     (2)  It is the legislative intent that the first recourse
2964be made to funds regularly appropriated to state and local
2965agencies. If the Governor finds that the demands placed upon
2966these funds in coping with a particular disaster declared by the
2967Governor as a state of emergency are unreasonably great, she or
2968he may make funds available by transferring and expending moneys
2969appropriated for other purposes, by transferring and expending
2970moneys out of any unappropriated surplus funds, or from the
2971Budget Stabilization Fund or Working Capital Fund. Following the
2972expiration or termination of the state of emergency, the
2973Governor may process a budget amendment under the notice and
2974review procedures set forth in s. 216.177 to transfer moneys to
2975satisfy the budget authority granted for such emergency.
2976     Section 43.  Subsection (3) of section 265.55, Florida
2977Statutes, is amended to read:
2978     265.55  Claims.--
2979     (3)  The authorization for payment delineated in subsection
2980(2) shall be forwarded to the Chief Financial Officer. The Chief
2981Financial Officer shall take appropriate action to execute
2982authorized payment of the claim from unobligated, unappropriated
2983moneys in the General Revenue Working Capital Fund, as defined
2984in s. 215.32.
2985     Section 44.  Subsection (5) of section 288.7091, Florida
2986Statutes, is amended to read:
2987     288.7091  Duties of the Florida Black Business Investment
2988Board, Inc.--The Florida Black Business Investment Board, Inc.,
2989shall:
2990     (5)  Include in the criteria for loan decisions,
2991occupational forecasting results set forth in s. 216.136(7)(9)
2992which target high growth jobs;
2993     Section 45.  Subsection (5) of section 320.20, Florida
2994Statutes, is amended to read:
2995     320.20  Disposition of license tax moneys.--The revenue
2996derived from the registration of motor vehicles, including any
2997delinquent fees and excluding those revenues collected and
2998distributed under the provisions of s. 320.081, must be
2999distributed monthly, as collected, as follows:
3000     (5)(a)  Except as provided in paragraph (c), the remainder
3001of such revenues must be deposited in the State Transportation
3002Trust Fund.
3003     (b)  The Chief Financial Officer each month shall deposit
3004in the State Transportation Trust Fund an amount, drawn from
3005other funds in the State Treasury which are not immediately
3006needed or are otherwise in excess of the amount necessary to
3007meet the requirements of the State Treasury, which when added to
3008such remaining revenues each month will equal one-twelfth of the
3009amount of the anticipated annual revenues to be deposited in the
3010State Transportation Trust Fund under paragraph (a) as
3011determined by the Chief Financial Officer after consultation
3012with the estimated by the most recent revenue estimating
3013conference held pursuant to s. 216.136(3). The transfers
3014required hereunder may be suspended by action of the Legislative
3015Budget Commission in the event of a significant shortfall of
3016state revenues.
3017     (c)  In any month in which the remaining revenues derived
3018from the registration of motor vehicles exceed one-twelfth of
3019those anticipated annual remaining revenues as determined by the
3020Chief Financial Officer after consultation with the revenue
3021estimating conference, the excess shall be credited to those
3022state funds in the State Treasury from which the amount was
3023originally drawn, up to the amount which was deposited in the
3024State Transportation Trust Fund under paragraph (b). A final
3025adjustment must be made in the last months of a fiscal year so
3026that the total revenue deposited in the State Transportation
3027Trust Fund each year equals the amount derived from the
3028registration of motor vehicles, less the amount distributed
3029under subsection (1). For the purposes of this paragraph and
3030paragraph (b), the term "remaining revenues" means all revenues
3031deposited into the State Transportation Trust Fund under
3032paragraph (a) and subsections (2) and (3). In order that
3033interest earnings continue to accrue to the General Revenue
3034Fund, the Department of Transportation may not invest an amount
3035equal to the cumulative amount of funds deposited in the State
3036Transportation Trust Fund under paragraph (b) less funds
3037credited under this paragraph as computed on a monthly basis.
3038The amounts to be credited under this and the preceding
3039paragraph must be calculated and certified to the Chief
3040Financial Officer by the Executive Office of the Governor.
3041     Section 46.  Section 337.023, Florida Statutes, is amended
3042to read:
3043     337.023  Sale of building; acceptance of replacement
3044building.--Notwithstanding the provisions of s.
3045216.292(2)(b)2.(4)(b), if the department sells a building, the
3046department may accept the construction of a replacement
3047building, in response to a request for proposals, totally or
3048partially in lieu of cash, and may do so without a specific
3049legislative appropriation. Such action is subject to the
3050approval of the Executive Office of the Governor, and is subject
3051to the notice, review, and objection procedures under s.
3052216.177. The replacement building shall be consistent with the
3053current and projected needs of the department as agreed upon by
3054the department and the Department of Management Services.
3055     Section 47.  Paragraph (a) of subsection (2), paragraphs
3056(c) and (f) of subsection (6), and subsection (7) of section
3057339.135, Florida Statutes, are amended to read:
3058     339.135  Work program; legislative budget request;
3059definitions; preparation, adoption, execution, and amendment.--
3060     (2)  SUBMISSION OF LEGISLATIVE BUDGET REQUEST AND REQUEST
3061FOR LIST OF ADDITIONAL TRANSPORTATION PROJECTS.--
3062     (a)  The department shall file the legislative budget
3063request in the manner required by chapter 216, setting forth the
3064department's proposed revenues and expenditures for operational
3065and fixed capital outlay needs to accomplish the objectives of
3066the department in the ensuing fiscal year. The right-of-way,
3067construction, preliminary engineering, maintenance, and all
3068grants and aids programs of the department shall be set forth
3069only in program totals. The legislative budget request must
3070include a balanced 36-month forecast of cash and expenditures
3071and a 5-year finance plan. The legislative budget request shall
3072be amended to conform to the tentative work program. Prior to
3073the submission of the tentative work program pursuant to s.
3074339.135(4)(f), the department may amend its legislative budget
3075request and the tentative work program for based on the most
3076recent estimating conference estimate of revenues and the most
3077recent federal aid apportionments.
3078     (6)  EXECUTION OF THE BUDGET.--
3079     (c)  Notwithstanding the provisions of ss. 216.301(2)(3)
3080and 216.351, any unexpended balance remaining at the end of the
3081fiscal year in the appropriations to the department for special
3082categories; aid to local governments; lump sums for project
3083phases which are part of the adopted work program, and for which
3084contracts have been executed or bids have been let; and for
3085right-of-way land acquisition and relocation assistance for
3086parcels from project phases in the adopted work program for
3087which appraisals have been completed and approved, may be
3088certified forward as fixed capital outlay at the end of each
3089fiscal year, to be certified by the head of the state agency on
3090or before August 1 of each year to the Executive Office of the
3091Governor, showing in detail the commitment or to whom obligated
3092and the amount of such commitment or obligation. On or before
3093September 1 of each year, the Executive Office of the Governor
3094shall review and approve or disapprove, consistent with
3095legislative policy and intent, any or all of the items and
3096amounts certified by the head of the state agency and shall
3097furnish the Chief Financial Officer, the legislative
3098appropriations committees, and the Auditor General a detailed
3099listing of the items and amounts approved as legal encumbrances
3100against the undisbursed balances of such appropriations. In the
3101event such certification is not made and the balance of the
3102appropriation has reverted and the obligation is proven to be
3103legal, due, and unpaid, then the same shall be presented to the
3104Legislature for its consideration. Such certification as herein
3105required shall be in the form and on the date approved by the
3106Executive Office of the Governor under the provisions of s.
3107216.301(2)(a). Any project phases in the adopted work program
3108not certified forward under the provisions of s. 216.301(2)(a)
3109shall be available for roll forward for the next fiscal year of
3110the adopted work program. Spending authority associated with
3111such project phases may be rolled forward to the next fiscal
3112year upon approval by the Legislative Budget Commission pursuant
3113to paragraph (f). Increases in spending authority shall be
3114limited to amounts of unexpended balances by appropriation
3115category. Any project phase certified forward for which bids
3116have been let but subsequently rejected shall be available for
3117roll forward in the adopted work program for the next fiscal
3118year. Spending authority associated with such project phases may
3119be rolled forward into the current year from funds certified
3120forward pursuant to paragraph (f). The amount certified forward
3121may include contingency allowances for right-of-way acquisition
3122and relocation, asphalt and petroleum product escalation
3123clauses, and contract overages, which allowances shall be
3124separately identified in the certification detail. Right-of-way
3125acquisition and relocation and contract overages contingency
3126allowances shall be based on documented historical patterns.
3127These contingency amounts shall be incorporated in the
3128certification for each specific category, but when a category
3129has an excess and another category has a deficiency, the
3130Executive Office of the Governor is authorized to transfer the
3131excess to the deficient account.
3132     (f)  Notwithstanding the provisions of ss. 216.181(1),
3133216.292, and 216.351, the Executive Office of the Governor may
3134amend that portion of the department's original approved fixed
3135capital outlay budget which comprises the work program pursuant
3136to subsection (7). Increase in spending authority in paragraph
3137(c) shall be limited to amounts of unexpended balances by
3138appropriation category.
3139     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
3140     (a)  Notwithstanding the provisions of ss. 216.181(1),
3141216.292, and 216.351, the adopted work program may be amended
3142only pursuant to the provisions of this subsection.
3143     (b)  The department may not transfer any funds for any
3144project or project phase between department districts. However,
3145a district secretary may agree to a loan of funds to another
3146district, if:
3147     1.  The funds are used solely to maximize the use or amount
3148of funds available to the state;
3149     2.  The loan agreement is executed in writing and is signed
3150by the district secretaries of the respective districts;
3151     3.  Repayment of the loan is to be made within 3 years
3152after the date on which the agreement was entered into; and
3153     4.  The adopted work program of the district loaning the
3154funds would not be substantially impaired if the loan were made,
3155according to the district secretary.
3156
3157The loan constitutes an amendment to the adopted work program
3158and is subject to the procedures specified in paragraph (b) (c).
3159     (c)  The department may amend the adopted work program to
3160transfer fixed capital outlay appropriations for projects within
3161the same appropriations category or between appropriations
3162categories, including department, except that the following
3163amendments which shall be subject to the procedures in paragraph
3164(d):
3165     1.  Any amendment which deletes any project or project
3166phase;
3167     2.  Any amendment which adds a project estimated to cost
3168over $150,000 in funds appropriated by the Legislature;
3169     3.  Any amendment which advances or defers to another
3170fiscal year, a right-of-way phase, a construction phase, or a
3171public transportation project phase estimated to cost over
3172$500,000 in funds appropriated by the Legislature, except an
3173amendment advancing or deferring a phase for a period of 90 days
3174or less; or
3175     4.  Any amendment which advances or defers to another
3176fiscal year, any preliminary engineering phase or design phase
3177estimated to cost over $150,000 in funds appropriated by the
3178Legislature, except an amendment advancing or deferring a phase
3179for a period of 90 days or less.
3180     (d)1.  Whenever the department proposes any amendment to
3181the adopted work program, which amendment is defined in
3182subparagraph (c)1., subparagraph (c)2., subparagraph (c)3., or
3183subparagraph (c)4., it shall submit the proposed amendment to
3184the Governor for approval and shall immediately notify the
3185chairs of the legislative appropriations committees, the chairs
3186of the legislative transportation committees, each member of the
3187Legislature who represents a district affected by the proposed
3188amendment, each metropolitan planning organization affected by
3189the proposed amendment, and each unit of local government
3190affected by the proposed amendment. Such proposed amendment
3191shall provide a complete justification of the need for the
3192proposed amendment.
3193     2.  The Governor shall not approve a proposed amendment
3194until 14 days following the notification required in
3195subparagraph 1.
3196     3.  If either of the chairs of the legislative
3197appropriations committees or the President of the Senate or the
3198Speaker of the House of Representatives objects in writing to a
3199proposed amendment within 14 days following notification and
3200specifies the reasons for such objection, the Governor shall
3201disapprove the proposed amendment or shall submit the proposed
3202amendment to the Administration Commission. The proposed
3203amendment may be approved by the Administration Commission by a
3204two-thirds vote of the members present with the Governor voting
3205in the affirmative. In the absence of approval by the
3206commission, the proposed amendment shall be automatically
3207disapproved.
3208     (e)  Notwithstanding the requirements in paragraphs
3209paragraph (d) and (g) and ss. 216.177(2) and 216.351, the
3210secretary may request the Executive Office of the Governor to
3211amend the adopted work program when an emergency exists, as
3212defined in s. 252.34(3), and the emergency relates to the repair
3213or rehabilitation of any state transportation facility. The
3214Executive Office of the Governor may approve the amendment to
3215the adopted work program and amend that portion of the
3216department's approved budget in the event that the delay
3217incident to the notification requirements in paragraph (d) would
3218be detrimental to the interests of the state. However, the
3219department shall immediately notify the parties specified in
3220paragraph (d) and shall provide such parties written
3221justification for the emergency action within 7 days of the
3222approval by the Executive Office of the Governor of the
3223amendment to the adopted work program and the department's
3224budget. In no event may the adopted work program be amended
3225under the provisions of this subsection without the
3226certification by the comptroller of the department that there
3227are sufficient funds available pursuant to the 36-month cash
3228forecast and applicable statutes.
3229     (f)  The department may authorize the investment of the
3230earnings accrued and collected upon the investment of the
3231minimum balance of funds required to be maintained in the State
3232Transportation Trust Fund pursuant to paragraph (b). Such
3233investment shall be limited as provided in s. 288.9607(7).
3234     (g)  Any work program amendment which also requires the
3235transfer of fixed capital outlay appropriations between
3236categories within the department or the increase of an
3237appropriation category is subject to the approval of the
3238Legislative Budget Commission. If a meeting of the Legislative
3239Budget Commission cannot be held within 30 days of the
3240department submitting an amendment to the Legislative Budget
3241Commission, then the chair and vice chair of the Legislative
3242Budget Commission may authorize such amendment to be approved
3243pursuant to the provisions of s. 216.177.
3244     Section 48.  Subsection (2) of section 373.6065, Florida
3245Statutes, is amended to read:
3246     373.6065  Adoption benefits for water management district
3247employees.--
3248     (2)  The Chief Financial Officer and the Department of
3249Management Services shall transfer funds to water management
3250districts to pay eligible water management district employees
3251for these child adoption monetary benefits in accordance with s.
3252215.32(2)(c)5.(1)(c)5., as long as funds remain available for
3253the program described under s. 110.152.
3254     Section 49.  Subsection (3) of section 381.0303, Florida
3255Statutes, is amended to read:
3256     381.0303  Health practitioner recruitment for special needs
3257shelters.--
3258     (3)  REIMBURSEMENT TO HEALTH CARE PRACTITIONERS.--The
3259Department of Health shall reimburse, subject to the
3260availability of funds for this purpose, health care
3261practitioners, as defined in s. 456.001, provided the
3262practitioner is not providing care to a patient under an
3263existing contract, and emergency medical technicians and
3264paramedics licensed pursuant to chapter 401 for medical care
3265provided at the request of the department in special needs
3266shelters or at other locations during times of emergency or
3267major disaster. Reimbursement for health care practitioners,
3268except for physicians licensed pursuant to chapter 458 or
3269chapter 459, shall be based on the average hourly rate that such
3270practitioners were paid according to the most recent survey of
3271Florida hospitals conducted by the Florida Hospital Association.
3272Reimbursement shall be requested on forms prepared by the
3273Department of Health. If a Presidential Disaster Declaration has
3274been made, and the Federal Government makes funds available, the
3275department shall use such funds for reimbursement of eligible
3276expenditures. In other situations, or if federal funds do not
3277fully compensate the department for reimbursement made pursuant
3278to this section, the department shall process submit to the
3279Cabinet or Legislature, as appropriate, a budget amendment to
3280obtain reimbursement from unobligated, unappropriated moneys in
3281the General Revenue working capital Fund. Travel expense and per
3282diem costs shall be reimbursed pursuant to s. 112.061.
3283     Section 50.  Subsection (3) of section 392.69, Florida
3284Statutes, is amended to read:
3285     392.69  Appropriation, sinking, and maintenance trust
3286funds; additional powers of the department.--
3287     (3)  In the execution of its public health program
3288functions, notwithstanding s. 216.292(2)(b)2.(4)(b), the
3289department is hereby authorized to use any sums of money which
3290it may heretofore have saved or which it may hereafter save from
3291its regular operating appropriation, or use any sums of money
3292acquired by gift or grant, or any sums of money it may acquire
3293by the issuance of revenue certificates of the hospital to match
3294or supplement any state or federal funds, or any moneys received
3295by said department by gift or otherwise, for the construction or
3296maintenance of additional facilities or improvement to existing
3297facilities, as the department deems necessary.
3298     Section 51.  Subsection (5) of section 409.906, Florida
3299Statutes, is amended to read:
3300     409.906  Optional Medicaid services.--Subject to specific
3301appropriations, the agency may make payments for services which
3302are optional to the state under Title XIX of the Social Security
3303Act and are furnished by Medicaid providers to recipients who
3304are determined to be eligible on the dates on which the services
3305were provided. Any optional service that is provided shall be
3306provided only when medically necessary and in accordance with
3307state and federal law. Optional services rendered by providers
3308in mobile units to Medicaid recipients may be restricted or
3309prohibited by the agency. Nothing in this section shall be
3310construed to prevent or limit the agency from adjusting fees,
3311reimbursement rates, lengths of stay, number of visits, or
3312number of services, or making any other adjustments necessary to
3313comply with the availability of moneys and any limitations or
3314directions provided for in the General Appropriations Act or
3315chapter 216. If necessary to safeguard the state's systems of
3316providing services to elderly and disabled persons and subject
3317to the notice and review provisions of s. 216.177, the Governor
3318may direct the Agency for Health Care Administration to amend
3319the Medicaid state plan to delete the optional Medicaid service
3320known as "Intermediate Care Facilities for the Developmentally
3321Disabled." Optional services may include:
3322     (5)  CASE MANAGEMENT SERVICES.--The agency may pay for
3323primary care case management services rendered to a recipient
3324pursuant to a federally approved waiver, and targeted case
3325management services for specific groups of targeted recipients,
3326for which funding has been provided and which are rendered
3327pursuant to federal guidelines. The agency is authorized to
3328limit reimbursement for targeted case management services in
3329order to comply with any limitations or directions provided for
3330in the General Appropriations Act. Notwithstanding s. 216.292,
3331the Department of Children and Family Services may transfer
3332general funds to the Agency for Health Care Administration to
3333fund state match requirements exceeding the amount specified in
3334the General Appropriations Act for targeted case management
3335services.
3336     Section 52.  Subsection (11) of section 409.912, Florida
3337Statutes, is amended to read:
3338     409.912  Cost-effective purchasing of health care.--The
3339agency shall purchase goods and services for Medicaid recipients
3340in the most cost-effective manner consistent with the delivery
3341of quality medical care. To ensure that medical services are
3342effectively utilized, the agency may, in any case, require a
3343confirmation or second physician's opinion of the correct
3344diagnosis for purposes of authorizing future services under the
3345Medicaid program. This section does not restrict access to
3346emergency services or poststabilization care services as defined
3347in 42 C.F.R. part 438.114. Such confirmation or second opinion
3348shall be rendered in a manner approved by the agency. The agency
3349shall maximize the use of prepaid per capita and prepaid
3350aggregate fixed-sum basis services when appropriate and other
3351alternative service delivery and reimbursement methodologies,
3352including competitive bidding pursuant to s. 287.057, designed
3353to facilitate the cost-effective purchase of a case-managed
3354continuum of care. The agency shall also require providers to
3355minimize the exposure of recipients to the need for acute
3356inpatient, custodial, and other institutional care and the
3357inappropriate or unnecessary use of high-cost services. The
3358agency may mandate prior authorization, drug therapy management,
3359or disease management participation for certain populations of
3360Medicaid beneficiaries, certain drug classes, or particular
3361drugs to prevent fraud, abuse, overuse, and possible dangerous
3362drug interactions. The Pharmaceutical and Therapeutics Committee
3363shall make recommendations to the agency on drugs for which
3364prior authorization is required. The agency shall inform the
3365Pharmaceutical and Therapeutics Committee of its decisions
3366regarding drugs subject to prior authorization. The agency is
3367authorized to limit the entities it contracts with or enrolls as
3368Medicaid providers by developing a provider network through
3369provider credentialing. The agency may limit its network based
3370on the assessment of beneficiary access to care, provider
3371availability, provider quality standards, time and distance
3372standards for access to care, the cultural competence of the
3373provider network, demographic characteristics of Medicaid
3374beneficiaries, practice and provider-to-beneficiary standards,
3375appointment wait times, beneficiary use of services, provider
3376turnover, provider profiling, provider licensure history,
3377previous program integrity investigations and findings, peer
3378review, provider Medicaid policy and billing compliance records,
3379clinical and medical record audits, and other factors. Providers
3380shall not be entitled to enrollment in the Medicaid provider
3381network. The agency is authorized to seek federal waivers
3382necessary to implement this policy.
3383     (11)  The agency, after notifying the Legislature, may
3384apply for waivers of applicable federal laws and regulations as
3385necessary to implement more appropriate systems of health care
3386for Medicaid recipients and reduce the cost of the Medicaid
3387program to the state and federal governments and shall implement
3388such programs, after legislative approval, within a reasonable
3389period of time after federal approval. These programs must be
3390designed primarily to reduce the need for inpatient care,
3391custodial care and other long-term or institutional care, and
3392other high-cost services.
3393     (a)  Prior to seeking legislative approval of such a waiver
3394as authorized by this subsection, the agency shall provide
3395notice and an opportunity for public comment. Notice shall be
3396provided to all persons who have made requests of the agency for
3397advance notice and shall be published in the Florida
3398Administrative Weekly not less than 28 days prior to the
3399intended action.
3400     (b)  Notwithstanding s. 216.292, funds that are
3401appropriated to the Department of Elderly Affairs for the
3402Assisted Living for the Elderly Medicaid waiver and are not
3403expended shall be transferred to the agency to fund Medicaid-
3404reimbursed nursing home care.
3405     Section 53.  Section 409.16745, Florida Statutes, is
3406amended to read:
3407     409.16745  Community partnership matching grant
3408program.--It is the intent of the Legislature to improve
3409services and local participation in community-based care
3410initiatives by fostering community support and providing
3411enhanced prevention and in-home services, thereby reducing the
3412risk otherwise faced by lead agencies. There is established a
3413community partnership matching grant program to be operated by
3414the Department of Children and Family Services for the purpose
3415of encouraging local participation in community-based care for
3416child welfare. Any children's services council or other local
3417government entity that makes a financial commitment to a
3418community-based care lead agency is eligible for a grant upon
3419proof that the children's services council or local government
3420entity has provided the selected lead agency at least $250,000
3421from any local resources otherwise available to it. The total
3422amount of local contribution may be matched on a two-for-one
3423basis up to a maximum amount of $2 million per council or local
3424government entity. Awarded matching grant funds may be used for
3425any prevention or in-home services provided by the children's
3426services council or other local government entity that meets
3427temporary-assistance-for-needy-families' eligibility
3428requirements and can be reasonably expected to reduce the number
3429of children entering the child welfare system. To ensure
3430necessary flexibility for the development, start up, and ongoing
3431operation of community-based care initiatives, the notice period
3432required for any budget action authorized by the provisions of
3433s. 20.19(5)(b), is waived for the family safety program;
3434however, the Department of Children and Family Services must
3435provide copies of all such actions to the Executive Office of
3436the Governor and Legislature within 72 hours of their
3437occurrence. Funding available for the matching grant program is
3438subject to legislative appropriation of nonrecurring funds
3439provided for the purpose.
3440     Section 54.  Subsection (2) of section 468.392, Florida
3441Statutes, is amended to read:
3442     468.392  Auctioneer Recovery Fund.--There is created the
3443Auctioneer Recovery Fund as a separate account in the
3444Professional Regulation Trust Fund. The fund shall be
3445administered by the Florida Board of Auctioneers.
3446     (2)  All payments and disbursements from the Auctioneer
3447Recovery Fund shall be made by the Chief Financial Officer upon
3448a voucher signed by the Secretary of Business and Professional
3449Regulation or the secretary's designee. Amounts transferred to
3450the Auctioneer Recovery Fund shall not be subject to any
3451limitation imposed by an appropriation act of the Legislature.
3452     Section 55.  Subsection (6) of section 475.484, Florida
3453Statutes, is amended to read:
3454     475.484  Payment from the fund.--
3455     (6)  All payments and disbursements from the Real Estate
3456Recovery Fund shall be made by the Chief Financial Officer upon
3457a voucher signed by the secretary of the department. Amounts
3458transferred to the Real Estate Recovery Fund shall not be
3459subject to any limitation imposed by an appropriation act of the
3460Legislature.
3461     Section 56.  Paragraph (b) of subsection (7) of section
3462631.141, Florida Statutes, is amended to read:
3463     631.141  Conduct of delinquency proceeding; domestic and
3464alien insurers.--
3465     (7)
3466     (b)  In the event that initiation of delinquency
3467proceedings does not result in appointment of the department as
3468receiver, or in the event that the funds or assets of an insurer
3469for which the department is appointed as receiver are
3470insufficient to cover the cost of compensation to special
3471agents, counsel, clerks, or assistants and all expenses of
3472taking, or attempting to take, possession of the insurer, and of
3473conducting the proceeding, there is appropriated, upon approval
3474of the Chief Financial Officer and of the Legislative Budget
3475Commission pursuant to chapter 216, from the Insurance
3476Regulation Trust Fund to the Division of Rehabilitation and
3477Liquidation a sum that is sufficient to cover the unreimbursed
3478costs.
3479     Section 57.  Paragraph (b) of subsection (9) of section
3480921.001, Florida Statutes, is amended to read:
3481     921.001  Sentencing Commission and sentencing guidelines
3482generally.--
3483     (9)
3484     (b)  On or after January 1, 1994, any legislation which:
3485     1.  Creates a felony offense;
3486     2.  Enhances a misdemeanor offense to a felony offense;
3487     3.  Moves a felony offense from a lesser offense severity
3488level to a higher offense severity level in the offense severity
3489ranking chart in s. 921.0012; or
3490     4.  Reclassifies an existing felony offense to a greater
3491felony classification
3492
3493must provide that such a change result in a net zero sum impact
3494in the overall prison population, as determined by the
3495Legislature, considering the most recent estimates of the
3496Criminal Justice Estimating Conference, unless the legislation
3497contains a funding source sufficient in its base or rate to
3498accommodate such change or a provision which specifically
3499abrogates the application of this paragraph.
3500     Section 58.  Subsection (3) of section 943.61, Florida
3501Statutes, is amended to read:
3502     943.61  Powers and duties of the Capitol Police.--
3503     (3)  Notwithstanding the provisions of chapter 216, no
3504assets, personnel, or resources shall be taken from the Capitol
3505Police, and no appropriation to the Capitol Police shall be
3506reduced without the express approval of the Governor and the
3507Legislative Budget Commission. Nothing herein limits the ability
3508of the Capitol Police to provide mutual aid to other law
3509enforcement agencies as authorized by law unless such a
3510limitation is expressly included in the operational security
3511plans provided for herein.
3512     Section 59.  Paragraph (a) of subsection (4) of section
35131003.03, Florida Statutes, is amended to read:
3514     1003.03  Maximum class size.--
3515     (4)  ACCOUNTABILITY.--
3516     (a)  Beginning in the 2003-2004 fiscal year, if the
3517department determines for any year that a school district has
3518not reduced average class size as required in subsection (2) at
3519the time of the third FEFP calculation, the department shall
3520calculate an amount from the class size reduction operating
3521categorical which is proportionate to the amount of class size
3522reduction not accomplished. Upon verification of the
3523department's calculation by the Florida Education Finance
3524Program Appropriation Allocation Conference, the Executive
3525Office of the Governor shall transfer undistributed funds
3526equivalent to the calculated amount from the district's class
3527size reduction operating categorical to an approved fixed
3528capital outlay appropriation for class size reduction in the
3529affected district pursuant to s. 216.292(2)(d)(13). The amount
3530of funds transferred shall be the lesser of the amount verified
3531by the Florida Education Finance Program Appropriation
3532Allocation Conference or the undistributed balance of the
3533district's class size reduction operating categorical. However,
3534based upon a recommendation by the Commissioner of Education
3535that the State Board of Education has reviewed evidence
3536indicating that a district has been unable to meet class size
3537reduction requirements despite appropriate effort to do so, the
3538Legislative Budget Commission may approve an alternative amount
3539of funds to be transferred from the district's class size
3540reduction operating categorical to its approved fixed capital
3541outlay account for class size reduction.
3542     Section 60.  Paragraph (a) of subsection (1) of section
35431009.536, Florida Statutes, is amended to read:
3544     1009.536  Florida Gold Seal Vocational Scholars award.--The
3545Florida Gold Seal Vocational Scholars award is created within
3546the Florida Bright Futures Scholarship Program to recognize and
3547reward academic achievement and career preparation by high
3548school students who wish to continue their education.
3549     (1)  A student is eligible for a Florida Gold Seal
3550Vocational Scholars award if the student meets the general
3551eligibility requirements for the Florida Bright Futures
3552Scholarship Program and the student:
3553     (a)  Completes the secondary school portion of a sequential
3554program of studies that requires at least three secondary school
3555career credits taken over at least 2 academic years, and is
3556continued in a planned, related postsecondary education program.
3557If the student's school does not offer such a two-plus-two or
3558tech-prep program, the student must complete a job-preparatory
3559career education program selected by the Workforce Estimating
3560Conference or Workforce Florida, Inc., for its ability to
3561provide high-wage employment in an occupation with high
3562potential for employment opportunities. On-the-job training may
3563not be substituted for any of the three required career credits.
3564     Section 61.  Subsection (2) of section 1013.512, Florida
3565Statutes, is amended to read:
3566     1013.512  Land Acquisition and Facilities Advisory Board.--
3567     (2)  If the director of the Office of Program Policy
3568Analysis and Government Accountability (OPPAGA) or the Auditor
3569General determines in a review or examination that significant
3570deficiencies exist in a school district's land acquisition and
3571facilities operational processes, he or she shall certify to the
3572President of the Senate, the Speaker of the House of
3573Representatives, the Legislative Budget Commission, and the
3574Governor that the deficiency exists. Upon recommendation by the
3575Governor, the Legislative Budget Commission shall approve or
3576disapprove the placement of determine whether funds for the
3577school district funds will be placed in reserve until the
3578deficiencies are corrected.
3579     Section 62.  Any undisbursed appropriations made from the
3580Working Capital Fund, previously created in s. 215.32, Florida
3581Statutes, are reappropriated from unallocated moneys in the
3582General Revenue Fund; any appropriations made to the Working
3583Capital Fund are reappropriated to the General Revenue Fund; and
3584any references to the Working Capital Fund in SB 2600 or SB
35852602, or similar legislation, shall be replaced with "the
3586General Revenue Fund." It is the intent of the Legislature that
3587the provisions of this section control in the event SB 2600 or
3588SB 2602, or other similar legislation, are enacted subsequently
3589during the 2005 Regular Session. This section expires July 1,
35902006.
3591     Section 63.  Sections 216.1825, 216.183, and 288.1234,
3592Florida Statutes, are repealed.
3593     Section 64.  Except as otherwise provided herein, this act
3594shall take effect July 1, 2005.
3595
3596
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3598