House Bill 0001e2
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                                         CS/HB 1, Second Engrossed
  1                      A bill to be entitled
  2         An act relating to state finances; amending s.
  3         186.022, F.S.; requiring each state agency
  4         annual performance report to include an
  5         assessment of performance measures approved by
  6         the Legislature and established in the General
  7         Appropriations Act or implementing legislation
  8         for the General Appropriations Act for the
  9         previous fiscal year and a summary of all
10         moneys that were expended or encumbered by the
11         agency, or for which the agency is otherwise
12         responsible, during the preceding fiscal year
13         and an estimate of such moneys for the current
14         fiscal year; providing requirements for the
15         reporting of such information; providing for a
16         reduction in funding for failure to submit the
17         required state agency annual performance
18         report; amending s. 216.0235, F.S.; requiring
19         instructions with respect to such information
20         to be included in the performance-based
21         legislative program budget instructions;
22         requiring the Florida Financial Management
23         Information System Coordinating Council to
24         submit to the Governor and Legislature a
25         report, with recommendations, relating to the
26         reporting of such information; amending s.
27         216.241, F.S.; prohibiting the expenditure of
28         revenues generated by any tax or fee imposed
29         pursuant to amendment to the State Constitution
30         after a specified date except pursuant to
31         legislative appropriation; amending s. 216.023,
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                                         CS/HB 1, Second Engrossed
  1         F.S.; revising the date for submission of final
  2         legislative budget requests; amending ss.
  3         216.0166, 216.0172, 216.0235, 240.2601, and
  4         240.383, F.S., to conform; amending s. 216.131,
  5         F.S.; making certain public hearings on
  6         legislative budget requests by the Governor and
  7         Chief Justice optional; amending s. 216.181,
  8         F.S.; revising requirements for approval of
  9         amendments to original approved operating
10         budgets involving certain information resources
11         management projects or initiatives; amending s.
12         216.192, F.S.; revising requirements relating
13         to release of appropriations; amending s.
14         216.231, F.S.; revising requirements relating
15         to release of funds for emergencies or
16         deficiencies; removing a public hearing
17         requirement; amending s. 216.262, F.S.;
18         revising requirements for adding or deleting
19         authorized positions; removing public hearing
20         requirements; amending s. 216.292, F.S.;
21         revising requirements relating to transfer of
22         funds between agencies; providing for
23         appropriation of federal funds for fixed
24         capital outlay projects for the Department of
25         Military Affairs; providing for redistribution
26         of the approved operating budget for the
27         special category of risk management; amending
28         s. 255.25, F.S.; providing requirements for a
29         replacement lease of space in privately owned
30         buildings; providing an effective date.
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                                         CS/HB 1, Second Engrossed
  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  Subsection (8) of section 186.022, Florida
  4  Statutes, 1998 Supplement, is amended to read:
  5         186.022  State agency strategic plans; preparation,
  6  form, and review.--
  7         (8)  Each agency shall submit by September 1 of each
  8  year an annual performance report to the Executive Office of
  9  the Governor, with copies to the President of the Senate, the
10  Speaker of the House of Representatives, and the Auditor
11  General, and the Office of Program Policy Analysis and
12  Government Accountability. The purpose of this report is to
13  evaluate the attainment of the agency objectives in the agency
14  strategic plan and the performance measures approved by the
15  Legislature pursuant to s. 216.0166(3) and established in the
16  General Appropriations Act or implementing legislation for the
17  General Appropriations Act for the previous fiscal year. In
18  addition, each state agency must include a one-page summary of
19  all moneys that were expended or encumbered by the agency, or
20  for which the agency was otherwise responsible, during the
21  preceding fiscal year and an estimate of such moneys projected
22  by the agency for the current fiscal year. All such
23  expenditures and estimates of such expenditures must be
24  divided by program and expressed in line items by unit costs
25  for each output measure approved pursuant to s. 216.0166(3)
26  for those agencies and programs operating under
27  performance-based program budgeting and for major services and
28  products for those agencies and programs operating under
29  traditional line-item budgeting. Unit-cost totals must equal
30  the total amount of moneys that were expended or projected to
31  be expended by each agency and must include expenditures or
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                                         CS/HB 1, Second Engrossed
  1  projected expenditures of state funds by subordinate
  2  governmental entities and contractors, as applicable. Moneys
  3  that agencies receive but are not responsible for, such as
  4  reversions or pass-throughs to entities over which the agency
  5  has no authority or responsibility, shall be shown in separate
  6  line items and expressed in total amounts only. At the regular
  7  session immediately following the submission of the agency
  8  performance report, the Legislature shall reduce in the
  9  General Appropriations Act for the ensuing fiscal year, by an
10  amount equal to at least 10 percent of the allocation for the
11  fiscal year preceding the current fiscal year, the funding of
12  each state agency that fails to submit the report required by
13  this subsection. All reports must be submitted in the form and
14  manner prescribed by the instructions prepared pursuant to
15  subsection (2) and s. 216.0235(3).
16         Section 2.  Subsection (3) of section 216.0235, Florida
17  Statutes, 1998 Supplement, is amended to read:
18         216.0235  Performance-based legislative program budget
19  requests to be furnished by agencies.--
20         (3)  The Executive Office of the Governor and the
21  legislative appropriations committees shall jointly develop
22  legislative program budget instructions from which each agency
23  that has an approved program and the judicial branch, pursuant
24  to ss. 216.0166 and 216.043, shall prepare its legislative
25  program budget request. The program budget instructions must
26  be consistent with s. 216.141 and must be transmitted to each
27  agency and to the judicial branch no later than June 15 of
28  each year. The budget instructions must also include
29  instructions for agencies in submitting performance measures
30  and standards as required by s. 216.0166. The budget
31  instructions must also include instructions for agencies in
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                                         CS/HB 1, Second Engrossed
  1  submitting the assessment of performance measures and the
  2  unit-cost information required to be included in the agency
  3  annual performance report under s. 186.022(8). The Executive
  4  Office of the Governor, in consultation with the Office of
  5  Program Policy Analysis and Government Accountability, the
  6  Auditor General, the Department of Banking and Finance, and
  7  the legislative appropriations committees, shall develop
  8  instructions as to the calculation of the unit-cost
  9  information and the format and presentation of the summary
10  required under s. 186.022(8).  For fiscal year 1999 - 2000,
11  the Executive Office of the Governor may provide interim
12  instructions which allow for a phased-in implementation of
13  unit cost reporting by agencies.  Full implementation of unit
14  cost reporting shall be effective with the submission of the
15  September 1, 2000 agency performance report.  In the event
16  that agreement cannot be reached between the Executive Office
17  of the Governor and the legislative appropriations committees
18  regarding legislative program budget instructions, the issue
19  shall be resolved by the Governor, the President of the
20  Senate, and the Speaker of the House of Representatives.
21         Section 3.  The Florida Financial Management
22  Information System Coordinating Council shall submit to the
23  Governor, the President of the Senate, and the Speaker of the
24  House of Representatives by October 1, 1999, a report, with
25  recommendations, on the necessity and feasibility of, and the
26  costs associated with, enhancements to the Florida Accounting
27  Information Resource Subsystem required to support state
28  agencies in providing the unit-cost information required to be
29  reported under s. 186.022(8), Florida Statutes, as amended by
30  this act.
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                                         CS/HB 1, Second Engrossed
  1         Section 4.  Subsection (3) is added to section 216.241,
  2  Florida Statutes, to read:
  3         216.241  Initiation or commencement of new programs;
  4  approval.--
  5         (3)  Any revenues generated by any tax or fee imposed
  6  by amendment to the State Constitution after October 1, 1999,
  7  shall not be expended by any agency, as defined in s.
  8  120.52(1), except pursuant to appropriation by the
  9  Legislature.
10         Section 5.  Subsections (1) and (2) and paragraph (a)
11  of subsection (7) of section 216.023, Florida Statutes, are
12  amended to read:
13         216.023  Legislative budget requests to be furnished by
14  agencies.--
15         (1)  The head of each state agency shall submit a final
16  legislative budget request to the Legislature and to the
17  Governor, as chief budget officer of the state, in the form
18  and manner prescribed in the budget instructions and at such
19  time as specified by the Executive Office of the Governor,
20  based on the agency's independent judgment of its needs.
21  However, no state agency shall submit its final legislative
22  budget request later than September 15 1 of each year.
23         (2)  The judicial branch and the Division of
24  Administrative Hearings shall submit their final legislative
25  budget requests directly to the Legislature with a copy to the
26  Governor, as chief budget officer of the state, in the form
27  and manner as prescribed in the budget instructions.  However,
28  the final legislative budget requests shall be submitted no
29  later than September 15 1 of each year.
30         (7)(a)  The provisions of subsections (1) and (2) to
31  the contrary notwithstanding, each agency subject to the
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                                         CS/HB 1, Second Engrossed
  1  provisions of this section shall submit its legislative budget
  2  request no later than September 15 1 of the year in which the
  3  agency is required to submit its point-by-point response
  4  pursuant to s. 216.0165(1)(d).
  5         Section 6.  Subsection (1) of section 216.0166, Florida
  6  Statutes, 1998 Supplement, is amended to read:
  7         216.0166  Submission by state agencies of
  8  performance-based budget requests, programs, and performance
  9  measures.--
10         (1)  Prior to September 15 1 of the fiscal year prior
11  to which a state agency is required to submit a
12  performance-based program budget request pursuant to s.
13  216.0172, such state agency shall identify and submit to the
14  Executive Office of the Governor a list of proposed state
15  agency programs and performance measures. The agency may also
16  provide a list of statutes or rules affecting its performance
17  which may be addressed as incentives or disincentives for the
18  performance-based program budget.  The list should be
19  accompanied by recommended legislation to implement the
20  requested changes for potential incentives. Such
21  identification shall be conducted after discussion with
22  legislative appropriations and appropriate substantive
23  committees and shall be approved by the Executive Office of
24  the Governor. The Executive Office of the Governor, after
25  discussion with legislative appropriations and appropriate
26  substantive committees and the Office of Program Policy
27  Analysis and Government Accountability, shall review the list
28  of programs and performance measures, may make any changes or
29  require the agency to resubmit the list, and shall make a
30  final recommendation of programs and associated performance
31  measures to the Legislature within 60 days after receipt, to
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                                         CS/HB 1, Second Engrossed
  1  be used in the preparation and submission of the state
  2  agency's final legislative budget request pursuant to s.
  3  216.023(5). The Executive Office of the Governor may also
  4  recommend legislation to implement any or all of the proposed
  5  incentives.  Agencies continuing under performance-based
  6  program budgeting may provide as part of their legislative
  7  budget request a list of statutes or rules affecting their
  8  program performance which may be addressed as incentives or
  9  disincentives for the performance-based program budget.
10         Section 7.  Subsections (6), (7), and (8) of section
11  216.0172, Florida Statutes, 1998 Supplement, are amended to
12  read:
13         216.0172  Schedule for submission of performance-based
14  program budgets.--In order to implement the provisions of
15  chapter 94-249, Laws of Florida, state agencies shall submit
16  performance-based program budget legislative budget requests
17  for programs approved pursuant to s. 216.0166 to the Executive
18  Office of the Governor and the Legislature based on the
19  following schedule:
20         (6)  By September 15 1, 1999, for the 2000-2001 fiscal
21  year, by the following:
22         (a)  Division of Administrative Hearings.
23         (b)  Department of Business and Professional
24  Regulation.
25         (c)  Parole and Probation Commission.
26         (d)  Public Service Commission.
27         (e)  Department of Health.
28         (f)  Department of Education (all remaining programs).
29         (7)  By September 15 1, 2000, for the 2001-2002 fiscal
30  year, by the following:
31         (a)  Department of Citrus.
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                                         CS/HB 1, Second Engrossed
  1         (b)  Department of Community Affairs.
  2         (c)  Department of Insurance.
  3         (d)  Department of Veterans' Affairs.
  4         (e)  State attorneys.
  5         (f)  Public defenders.
  6         (g)  Justice Administrative Commission and capital
  7  collateral counsel.
  8         (8)  Any new agency or portion thereof created after
  9  September 15 1, 2000, shall submit a performance-based program
10  budget request for programs approved pursuant to s. 216.0166
11  to the Executive Office of the Governor and the Legislature by
12  September 15 1 of the year following the creation of the
13  agency or portion thereof.
14         Section 8.  Subsections (1) and (2) of section
15  216.0235, Florida Statutes, 1998 Supplement, are amended to
16  read:
17         216.0235  Performance-based legislative program budget
18  requests to be furnished by agencies.--
19         (1)  The head of each state agency shall submit a final
20  legislative program budget request to the Legislature and to
21  the Governor, as chief budget officer of the state, in the
22  form and manner prescribed in the program budget instructions
23  and at such time as specified by the Executive Office of the
24  Governor, based on the agency's independent judgment of its
25  needs. However, a state agency may not submit its final
26  legislative program budget request later than September 15 1
27  of each year. The provisions of s. 216.023 do not apply to
28  programs within state agencies that have been approved to
29  operate under a performance-based program budget.
30         (2)  The judicial branch shall submit its final
31  legislative program budget request directly to the Legislature
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                                         CS/HB 1, Second Engrossed
  1  with a copy to the Governor, as chief budget officer of the
  2  state, in the form and manner prescribed in the program budget
  3  instructions. However, the final legislative program budget
  4  requests shall be submitted no later than September 15 1 of
  5  each year.
  6         Section 9.  Subsection (7) of section 240.2601, Florida
  7  Statutes, is amended to read:
  8         240.2601  State University System Facility Enhancement
  9  Challenge Grant Program.--
10         (7)  By September 15 1 of each year, the Board of
11  Regents shall transmit to the Legislature a list of projects
12  which meet all eligibility requirements to participate in the
13  Alec P. Courtelis Capital Facilities Matching Trust Fund and a
14  budget request which includes the recommended schedule
15  necessary to complete each project.
16         Section 10.  Subsection (8) of section 240.383, Florida
17  Statutes, is amended to read:
18         240.383  State Community College System Facility
19  Enhancement Challenge Grant Program.--
20         (8)  By September 15 1 of each year, the Division of
21  Community Colleges shall transmit to the Legislature a list of
22  projects which meet all eligibility requirements to
23  participate in the State Community College System Facility
24  Enhancement Challenge Grant Program and a budget request which
25  includes the recommended schedule necessary to complete each
26  project.
27         Section 11.  Section 216.131, Florida Statutes, is
28  amended to read:
29         216.131  Public hearings on legislative budgets.--The
30  Governor and the Chief Justice of the Supreme Court may shall
31  each provide for at least one public hearing prior to
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                                         CS/HB 1, Second Engrossed
  1  submission of budget recommendations to the Legislature on
  2  issues contained in agency legislative budget requests or in
  3  the judicial branch budget request and issues which may be
  4  included in budget recommendations to the Legislature, which
  5  shall be held at such time as the Governor or the Chief
  6  Justice may fix. The Governor may require the attendance at
  7  his or her hearings of the heads or responsible
  8  representatives of all state agencies supported by any form of
  9  taxation or licenses, fees, imposts, or exactions.
10         Section 12.  Subsection (4) of section 216.181, Florida
11  Statutes, 1998 Supplement, is amended to read:
12         216.181  Approved budgets for operations and fixed
13  capital outlay.--
14         (4)  All amendments to the original approved operating
15  budgets, regardless of funding source, are subject to the
16  notice and review procedures set forth in s. 216.177 and must
17  be approved by the Governor and the Technology Review
18  Workgroup Administration Commission as provided in this
19  chapter for the executive branch and the Chief Justice for the
20  judicial branch if the amendment is for an information
21  resources management project or initiative that involves more
22  than one agency, has an outcome that impacts another agency,
23  or exceeds $500,000 in total cost over a 1-year period, except
24  for those projects that are a continuation of hardware or
25  software maintenance or software licensing agreements, or that
26  are for desktop replacement that is similar to the technology
27  currently in use.
28         Section 13.  Subsection (1) of section 216.192, Florida
29  Statutes, is amended to read:
30         216.192  Release of appropriations; revision of
31  budgets.--
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                                         CS/HB 1, Second Engrossed
  1         (1)  Unless otherwise provided in the General
  2  Appropriations Act, on July 1 of each fiscal year, 25 20
  3  percent of the original approved operating budget of each
  4  agency and of the judicial branch shall be released and the
  5  until such time as annual plans for quarterly releases for all
  6  appropriations shall be have been developed, approved, and
  7  furnished to the Comptroller by the Executive Office of the
  8  Governor for state agencies and by the Chief Justice of the
  9  Supreme Court for the judicial branch.  The plans, including
10  appropriate plans of releases for fixed capital outlay
11  projects that correspond with each project schedule, shall
12  attempt to maximize the use of trust funds and shall be
13  transmitted to the Comptroller by August 1 of each fiscal
14  year. Such releases shall at no time exceed the total
15  appropriations available to a state agency or to the judicial
16  branch, or the approved budget for such agency or the judicial
17  branch if less. The Comptroller shall enter such releases in
18  his or her records in accordance with the release plans
19  prescribed by the Executive Office of the Governor and the
20  Chief Justice, unless otherwise amended as provided by law.
21  The Executive Office of the Governor and the Chief Justice
22  shall transmit a copy of the approved annual releases to the
23  head of the state agency, the chairs of the legislative
24  appropriations committees, and the Auditor General. The
25  Comptroller shall authorize all expenditures to be made from
26  the appropriations on the basis of such releases and in
27  accordance with the approved budget, and not otherwise.
28  Expenditures shall be authorized only in accordance with
29  legislative authorizations. Nothing herein precludes periodic
30  reexamination and revision by the Executive Office of the
31  Governor or by the Chief Justice of the annual plans for
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                                         CS/HB 1, Second Engrossed
  1  release of appropriations and the notifications of the parties
  2  of all such revisions.
  3         Section 14.  Subsections (1) and (2) of section
  4  216.231, Florida Statutes, are amended to read:
  5         216.231  Release of certain classified
  6  appropriations.--
  7         (1)(a)  Any appropriation to the Executive Office of
  8  the Governor which is classified as "emergency," as defined in
  9  s. 252.34(3), may be released only with the approval of the
10  Governor. The state agency, or the judicial branch, desiring
11  the use of the emergency appropriation shall submit to the
12  Executive Office of the Governor application therefor in
13  writing setting forth the facts from which the alleged need
14  arises.  The Executive Office of the Governor shall, at a
15  public hearing, review such application promptly and approve
16  or disapprove the applications as the circumstances may
17  warrant. The provisions of this paragraph are subject to the
18  notice, review, and objection procedures set forth in s.
19  216.177. All actions of the Executive Office of the Governor
20  shall be reported to the legislative appropriations
21  committees, and the committees may advise the Executive Office
22  of the Governor relative to the release of such funds.
23         (b)  The release of appropriated funds classified as
24  "emergency" shall be approved only when an act or circumstance
25  caused by an act of God, civil disturbance, natural disaster,
26  or other circumstance of an emergency nature threatens,
27  endangers, or damages the property, safety, health, or welfare
28  of the state or its citizens, which condition has not been
29  provided for in appropriation acts of the Legislature. Funds
30  allocated for this purpose may be used to pay overtime pay to
31  personnel of agencies called upon to perform extra duty
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                                         CS/HB 1, Second Engrossed
  1  because of any civil disturbance or other emergency as defined
  2  in s. 252.34(3) and to provide the required state match for
  3  federal grants under the federal Disaster Relief Act.
  4         (2)  The release of appropriated funds classified as
  5  "deficiency" shall be approved only when a General Revenue
  6  Fund appropriation for operations of a state agency or of the
  7  judicial branch is inadequate because the workload or cost of
  8  the operation exceeds that anticipated by the Legislature and
  9  a determination has been made by the Executive Office of the
10  Governor commission that the deficiency will result in an
11  impairment of the activities of an agency or of the judicial
12  branch to the extent that the agency is unable to carry out
13  its program as provided by the Legislature in the general
14  appropriations acts. These funds may not be used for creation
15  of any new agency or program, for increases of salary, or for
16  the construction or equipping of additional buildings. The
17  provisions of this subsection are subject to the notice,
18  review, and objection procedures set forth in s. 216.177.
19         Section 15.  Paragraphs (a) and (b) of subsection (1)
20  of section 216.262, Florida Statutes, 1998 Supplement, are
21  amended to read:
22         216.262  Authorized positions.--
23         (1)(a)  Unless otherwise expressly provided by law, the
24  total number of authorized positions may not exceed the total
25  provided in the appropriations acts.  In the event any state
26  agency or entity of the judicial branch finds that the number
27  of positions so provided is not sufficient to administer its
28  authorized programs, it may file an application with the
29  Executive Office of the Governor or the Chief Justice; and, if
30  the office or Chief Justice certifies that there are no
31  authorized positions available for addition, deletion, or
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                                         CS/HB 1, Second Engrossed
  1  transfer within the agency as provided in paragraph (c) and
  2  recommends an increase in the number of positions, the
  3  Executive Office of the Governor commission or the Chief
  4  Justice may, after a public hearing, authorize an increase in
  5  the number of positions for the following reasons only:
  6         1.  To implement or provide for continuing federal
  7  grants or changes in grants not previously anticipated;
  8         2.  To meet emergencies pursuant to s. 252.36;
  9         3.  To satisfy new federal regulations or changes
10  therein;
11         4.  To take advantage of opportunities to reduce
12  operating expenditures or to increase the revenues of the
13  state or local government; and
14         5.  To authorize positions which were not fixed by the
15  Legislature through error in drafting the appropriations acts.
16
17  The provisions of this paragraph are subject to the notice and
18  review procedures set forth in s. 216.177.  A copy of the
19  application, the certification, and the final authorization
20  shall be filed with the legislative appropriations committees
21  and with the Auditor General.
22         (b)  The Executive Office of the Governor
23  Administration Commission and the Chief Justice may, after a
24  public hearing, delete supervisory or managerial positions
25  within a department and establish direct service delivery
26  positions in excess of the number of supervisory or managerial
27  positions deleted.  The salary rate for all positions
28  authorized under this paragraph may not exceed the salary rate
29  for all positions deleted under this paragraph. Positions
30  affected by changes made under this paragraph may be funded
31  only from identical funding sources.
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                                         CS/HB 1, Second Engrossed
  1         Section 16.  Subsections (2), (3), and (5) and
  2  paragraph (b) of subsection (8) of section 216.292, Florida
  3  Statutes, 1998 Supplement, are amended to read:
  4         216.292  Appropriations nontransferable; exceptions.--
  5         (2)  A lump sum appropriated for a performance-based
  6  program must be distributed by the Governor for state agencies
  7  or the Chief Justice for the judicial branch into the
  8  traditional expenditure categories in accordance with s.
  9  216.181(5)(b).  At any time during the year, the agency head
10  or Chief Justice may transfer funds between those categories
11  with no limit on the amount of the transfer. Authorized
12  revisions of the original approved operating budget, together
13  with related changes, if any, must be transmitted by the state
14  agency or by the judicial branch to the Executive Office of
15  the Governor or the Chief Justice, the chairs of the
16  legislative appropriations committees, the Office of Program
17  Policy Analysis and Government Accountability, and the Auditor
18  General. Such authorized revisions shall be consistent with
19  the intent of the approved operating budget, shall be
20  consistent with legislative policy and intent, and shall not
21  conflict with specific spending policies specified in the
22  General Appropriations Act. The Executive Office of the
23  Governor shall forward a copy of the revisions within 7
24  working days to the Comptroller for entry in his or her
25  records in the manner and format prescribed by the Executive
26  Office of the Governor in consultation with the Comptroller.
27  Such authorized revisions shall be consistent with the intent
28  of the approved operating budget, shall be consistent with
29  legislative policy and intent, and shall not conflict with
30  specific spending policies specified in the General
31  Appropriations Act. Additionally, subsection (3) shall not
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                                         CS/HB 1, Second Engrossed
  1  apply to programs operating under performance-based program
  2  budgeting where a lump sum was appropriated.
  3         (3)  The head of each department or the Chief Justice
  4  of the Supreme Court, whenever it is deemed necessary by
  5  reason of changed conditions, may transfer appropriations
  6  funded from identical funding sources, except appropriations
  7  for fixed capital outlay, and transfer the amounts included
  8  within the total original approved budget and releases as
  9  furnished pursuant to ss. 216.181 and 216.192, as follows:
10         (a)  Between categories of appropriations within a
11  budget entity, if no category of appropriation is increased or
12  decreased by more than 5 percent of the original approved
13  budget or $150,000 $25,000, whichever is greater, by all
14  action taken under this subsection.
15         (b)  Additionally, between budget entities within
16  identical categories of appropriations, if no category of
17  appropriation is increased or decreased by more than 5 percent
18  of the original approved budget or $150,000 $25,000, whichever
19  is greater, by all action taken under this subsection.
20
21  (c)  Such authorized revisions must be consistent with the
22  intent of the approved operating budget, must be consistent
23  with legislative policy and intent, and must not conflict with
24  specific spending policies specified in the General
25  Appropriations Act. Such authorized revisions, together with
26  related changes, if any, in the plan for release of
27  appropriations, shall be transmitted by the state agency or by
28  the judicial branch to the Comptroller for entry in the
29  Comptroller's records in the manner and format prescribed by
30  the Executive Office of the Governor in consultation with the
31  Comptroller.  A copy of such revision shall be furnished to
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                                         CS/HB 1, Second Engrossed
  1  the Executive Office of the Governor or the Chief Justice, the
  2  chairs of the legislative committees, and the Auditor General.
  3         (5)(a)  Transfers of appropriations for operations from
  4  the General Revenue Fund in excess of those provided in
  5  subsections (3) and (4) but within a state agency or within
  6  the judicial branch may be authorized by the Executive Office
  7  of the Governor commission for the executive branch and the
  8  Chief Justice for the judicial branch, pursuant to the request
  9  of the agency filed with the Executive Office of the Governor,
10  or pursuant to the request of an entity of the judicial branch
11  filed with the Chief Justice of the Supreme Court, if deemed
12  necessary and in the best interest of the state and consistent
13  with legislative policy and intent.  The provisions of this
14  paragraph are subject to the notice, review, and objection
15  procedures set forth in s. 216.177.
16         (b)  When an appropriation for a named fixed capital
17  outlay project is found to be in excess of that needed to
18  complete that project, at the request of the Executive Office
19  of the Governor for state agencies or the Chief Justice of the
20  Supreme Court for the judicial branch the excess may be
21  transferred, with the approval of the commission or the Chief
22  Justice, to another project for which there has been an
23  appropriation in the same fiscal year from the same fund and
24  within the same department where a deficiency is found to
25  exist. Further, a fixed capital outlay project may not be
26  initiated without a specific legislative appropriation, nor
27  may the scope of a fixed capital outlay project be changed by
28  the transfer of funds. However, federal funds for fixed
29  capital outlay projects for the Department of Military Affairs
30  which do not carry a continuing commitment on future
31  appropriations are hereby appropriated for the purpose
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                                         CS/HB 1, Second Engrossed
  1  received. The provisions of this paragraph are subject to the
  2  notice, review, and objection procedures set forth in s.
  3  216.177.
  4         (8)
  5         (b)  Should any state agency or the judicial branch
  6  become more than 90 days delinquent in paying the Division of
  7  Risk Management of the Department of Insurance for insurance
  8  coverage, the Department of Insurance may certify to the
  9  Comptroller the amount due; and the Comptroller shall transfer
10  the amount due to the Division of Risk Management from any
11  funds of the agency or the judicial branch available. The
12  Executive Office of the Governor is authorized to redistribute
13  the approved operating budget for the special category for
14  risk management as part of the initial approved financial plan
15  based on the total appropriation for the Florida Casualty
16  Insurance Risk Management Trust Fund and distributed in
17  accordance with the cost allocation schedules provided by the
18  Division of Risk Management, which includes all state
19  agencies, the judicial branch, and the legislative branch.
20         Section 17.  Paragraphs (a) and (b) of subsection (3)
21  of section 255.25, Florida Statutes, 1998 Supplement, are
22  amended to read:
23         255.25  Approval required prior to construction or
24  lease of buildings.--
25         (3)(a)  Except as provided in paragraph (b) and
26  subsection (10), no state agency shall enter into a lease as
27  lessee for the use of 3,000 square feet or more of space in a
28  privately owned building except upon advertisement for and
29  receipt of competitive bids and award to the lowest and best
30  bidder.  The Department of Management Services shall have the
31  authority to approve a lease for 3,000 square feet or more of
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                                         CS/HB 1, Second Engrossed
  1  space that covers more than 1 fiscal year, subject to the
  2  provisions of ss. 216.311, 255.2501, 255.2502, and 255.2503,
  3  if such lease is, in the judgment of the department, in the
  4  best interests of the state. This paragraph does not apply to
  5  buildings or facilities of any size leased for the purpose of
  6  providing care and living space for persons.
  7         (b)  The Department of Management Services may approve
  8  extensions of an existing lease of 3,000 square feet or more
  9  of space if such extensions are determined to be in the best
10  interests of the state, but in no case shall the total of such
11  extensions exceed 11 months.  If at the end of the 11th month
12  an agency still needs space, such space it shall be procured
13  by competitive bid in accordance with s. 255.249(2)(b); or, if
14  an agency determines that it is in its best interest to remain
15  in the space it currently occupies, the agency may negotiate a
16  replacement lease with the lessor if an independent market
17  analysis demonstrates that the rates offered are within market
18  rates for the space offered, and if the cost of the new lease
19  does not exceed the cost of a comparable lease plus documented
20  moving costs. A present value analysis and the consumer price
21  index shall be used in the calculation of lease costs. The
22  term of the replacement lease shall not exceed the base term
23  of the expiring lease.
24         Section 18.  This act shall take effect July 1, 1999.
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