Senate Bill sb1784c1

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    Florida Senate - 2001                           CS for SB 1784

    By the Committee on Appropriations and Senator Horne





    309-1923-01

  1                      A bill to be entitled

  2         An act relating to state planning and

  3         budgeting; amending s. 216.011, F.S.; modifying

  4         the definition of the term "operating capital

  5         outlay"; amending s. 216.013, F.S.; removing

  6         the requirement for the Executive Office of the

  7         Governor to consider certain findings relating

  8         to information technology in its review of

  9         long-range program plans of executive agencies;

10         requiring long-range program plans to be

11         consistent with legislation implementing the

12         General Appropriations Act; amending s.

13         216.023, F.S.; revising requirements of

14         legislative budget requests; requiring

15         legislative budget requests to include an

16         inventory of litigation requiring additional

17         appropriations or changes in the law; providing

18         for update of such inventory; revising

19         requirements of legislative budget requests

20         relating to the total number of positions and

21         to unit-cost data; providing for reducing

22         funding of agencies that do not comply;

23         amending s. 216.0446, F.S.; correcting

24         terminology; amending s. 216.136, F.S.;

25         revising provisions relating to estimating

26         conferences; amending s. 216.177, F.S.;

27         revising the manner in which requests regarding

28         legislative intent on the General

29         Appropriations Act are to be made; revising

30         requirements relating to notice of action on

31         appropriations to be taken by the Executive

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  1         Office of the Governor or the Chief Justice of

  2         the Supreme Court; amending s. 216.181, F.S.;

  3         authorizing the Chief Justice to amend, without

  4         approval of the Legislative Budget Commission,

  5         judicial branch entity budgets to reflect

  6         transferred funds based on the approved plans

  7         for lump-sum appropriations; requiring approval

  8         of the Legislative Budget Commission for

  9         certain adjustments to approved salary rate;

10         providing circumstances under which lump-sum

11         bonuses may be provided; requiring quarterly

12         reporting of positions filled, positions

13         vacant, and the salary rate associated with

14         each category; granting the Legislative Budget

15         Commission authority to approve specified state

16         trust fund appropriations; creating s.

17         216.1815, F.S.; providing for an agency and

18         judicial branch incentive and savings program;

19         providing requirements; creating s. 216.1826,

20         F.S.; providing for activity-based planning and

21         budgeting; amending s. 216.192, F.S.;

22         conforming provisions; amending s. 216.216,

23         F.S.; providing restrictions on the expenditure

24         of funds for court settlements negotiated by

25         the state; amending s. 216.221, F.S.; providing

26         requirements for the elimination of a deficit

27         in a trust fund; amending s. 216.262, F.S.;

28         specifying authority of the Executive Office of

29         the Governor to increase the number of

30         positions; amending s. 216.292, F.S.;

31         conforming provisions; adding food products as

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  1         an allowable fund transfer category;

  2         authorizing transfer of positions under certain

  3         circumstances; authorizing transfers of

  4         appropriations for operations from trust funds

  5         in excess of certain amounts under certain

  6         conditions; amending s. 11.90, F.S.;

  7         establishing the chair and vice chair of the

  8         Legislative Budget Commission each year;

  9         eliminating the election of such officers;

10         amending ss. 27.345, 27.3451, F.S.; correcting

11         cross-references; creating s. 27.385, F.S.;

12         reenacting provisions related to expenditures

13         of appropriated funds by state attorneys;

14         requiring a report; creating s. 27.605, F.S.;

15         reenacting provisions related to expenditures

16         of appropriated funds by public defenders;

17         requiring a report; amending s. 45.062, F.S.;

18         requiring certain notification and reporting

19         with respect to executive branch settlements;

20         saving s. 215.20(3), F.S., relating to an

21         additional trust fund service charge, from

22         scheduled repeal; amending s. 284.385, F.S.;

23         requiring assigned counsel to report to the

24         covered department on the status of casualty

25         claims or litigation; prohibiting compromise or

26         settlement of a casualty claim without prior

27         notification to the covered department;

28         amending s. 376.15, F.S.; correcting a

29         cross-reference; providing an effective date.

30

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

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  1         Section 1.  Paragraph (bb) of subsection (1) of section

  2  216.011, Florida Statutes, is amended to read:

  3         216.011  Definitions.--

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

  5  appropriations acts, legislative budgets, and approved

  6  budgets, each of the following terms has the meaning

  7  indicated:

  8         (bb)  "Operating capital outlay" means the

  9  appropriation category used to fund equipment, fixtures, and

10  other tangible personal property of a nonconsumable and

11  nonexpendable nature, according up to the value or cost

12  specified in s. 273.02.

13         Section 2.  Subsections (4) and (9) of section 216.013,

14  Florida Statutes, are amended to read:

15         216.013  Long-range program plan.--

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

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

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

19  and other requirements as specified in the written

20  instructions and that they provide the framework and context

21  for the agency's budget request. In its review, the Executive

22  Office of the Governor shall consider the findings of the

23  Technology Review Workgroup as to the consistency of the

24  information technology portion of long-range program plans

25  with the State Annual Report on Information Resources

26  Management and statewide policies recommended by the State

27  Technology Council and the state's plan for facility needs

28  pursuant to s. 216.0158. Based on the results of the review,

29  the Executive Office of the Governor may require an agency to

30  revise the plan.

31

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  1         (9)  Agencies and the judicial branch shall make

  2  appropriate adjustments to their long-range program plans to

  3  be consistent with the appropriations and performance measures

  4  in the General Appropriations Act and legislation implementing

  5  the General Appropriations Act. Agencies and the judicial

  6  branch have until June 15 to make adjustments to their plans

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

  8  Governor for review.

  9         Section 3.  Paragraphs (d) and (j) of subsection (4) of

10  section 216.023, Florida Statutes, are amended, present

11  subsections (8) through (12) of that section are renumbered as

12  subsections (9) through (13), respectively, and a new

13  subsection (8) is added to that section, to read:

14         216.023  Legislative budget requests to be furnished to

15  Legislature by agencies.--

16         (4)  The legislative budget request must contain for

17  each program:

18         (d)  The total number of positions (authorized, fixed,

19  and or requested).

20         (j)  Unit costs for major activities for the budget

21  entities as defined in the General Appropriations Act. It is

22  the intent of the Legislature to use unit-cost data not only

23  as a budgeting tool but also as a policymaking tool and an

24  accountability tool. Therefore, each budget entity must also

25  submit a one-page summary of information related to itself,

26  subordinate entities, and contracting entities which includes:

27         1.  The budget for each entity;

28         2.  The total amount of revenue received or otherwise

29  passed through each entity;

30

31

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  1         3.  The line-item listings of major activities along

  2  with total amounts spent for each major activity and unit

  3  costs for each such activity; and

  4         4.  The total amount of reversions or actual

  5  pass-throughs without unit-cost data. approved output measures

  6  pursuant to s. 186.022.

  7

  8  At the regular session immediately following the submission of

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

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

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

12  the fiscal year preceding the current fiscal year, the funding

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

14  under this paragraph.

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

16  head of each state agency and the Chief Justice of the Supreme

17  Court for the judicial branch shall include an inventory of

18  all litigation in which the agency is involved that may

19  require additional appropriations to the agency or amendments

20  to the law under which the agency operates.  No later than

21  March 1 following the submission of the legislative budget

22  request, the head of the state agency and the Chief Justice of

23  the Supreme Court shall provide an update of any additions or

24  changes to the inventory.  Such inventory shall include

25  information specified annually in the legislative budget

26  instructions.

27         Section 4.  Paragraph (a) of subsection (2) of section

28  216.0446, Florida Statutes, is amended to read:

29         216.0446  Review of information resources management

30  needs.--

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  1         (2)  In addition to its primary duty specified in

  2  subsection (1), the Technology Review Workgroup shall have

  3  powers and duties that include, but are not limited to, the

  4  following:

  5         (a)  To evaluate the information resource management

  6  needs identified in the agency long-range program plans for

  7  consistency with the State Annual Report on Information

  8  Resources Management and statewide policies recommended by the

  9  State Technology Office Council, and make recommendations to

10  the chairs of the legislative appropriations committees.

11         Section 5.  Subsections (5) and (6) of section 216.136,

12  Florida Statutes, are amended to read:

13         216.136  Consensus estimating conferences; duties and

14  principals.--

15         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

16         (a)  Duties.--The Criminal Justice Estimating

17  Conference shall:

18         1.  Develop such official information relating to the

19  criminal justice system, including forecasts of prison

20  admissions and population and of supervised felony offender

21  admissions and population by offense categories specified in

22  Rule 3.701, Florida Rules of Criminal Procedure, as the

23  conference determines is needed for the state planning and

24  budgeting system.

25         2.  Develop such official information relating to the

26  number of eligible discharges and the projected number of

27  civil commitments for determining space needs pursuant to the

28  civil proceedings provided under part V of chapter 394.

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

30  the coordinator of the Office of Economic and Demographic

31  Research, and professional staff, who have forecasting

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  1  expertise, from the Senate, the House of Representatives, and

  2  the Supreme Court, or their designees, are the principals of

  3  the Criminal Justice Estimating Conference.  The principal

  4  representing the Executive Office of the Governor shall

  5  preside over sessions of the conference.

  6         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--

  7         (a)  Duties.--

  8         1.  The Social Services Estimating Conference shall

  9  develop such official information relating to the social

10  services system of the state, including forecasts of social

11  services caseloads, utilization, and expenditures, as the

12  conference determines is needed for the state planning and

13  budgeting system.  Such official information shall include,

14  but not be limited to, cash assistance and Medicaid subsidized

15  child care caseloads mandated by the Family Support Act of

16  1988.

17         2.  In addition, the Social Services Estimating

18  Conference shall develop estimates and forecasts of the

19  unduplicated count of children eligible for subsidized child

20  care as defined in s. 402.3015(1).  These estimates and

21  forecasts shall not include children enrolled in the

22  prekindergarten early intervention program established in s.

23  230.2305.

24         3.  The Department of Children and Family Services and

25  the Department of Education shall provide information on

26  caseloads and waiting lists for the subsidized child care and

27  prekindergarten early intervention programs requested by the

28  Social Services Estimating Conference or individual conference

29  principals, in a timely manner.

30         2.4.  The Social Services Estimating Conference shall

31  develop information relating to the Florida Kidcare program,

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  1  including, but not limited to, outreach impacts, enrollment,

  2  caseload, utilization, and expenditure information that the

  3  conference determines is needed to plan for and project future

  4  budgets and the drawdown of federal matching funds. The

  5  agencies required to collect and analyze Florida Kidcare

  6  program data under s. 409.8134 shall be participants in the

  7  Social Services Estimating Conference for purposes of

  8  developing information relating to the Florida Kidcare

  9  program.

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

11  the coordinator of the Office of Economic and Demographic

12  Research, and professional staff, who have forecasting

13  expertise, from the Department of Children and Family

14  Services, the Agency for Health Care Administration, the

15  Senate, and the House of Representatives, or their designees,

16  are the principals of the Social Services Estimating

17  Conference.  The principal representing the Executive Office

18  of the Governor shall preside over sessions of the conference.

19         Section 6.  Section 216.177, Florida Statutes, is

20  amended to read:

21         216.177  Appropriations acts, statement of intent,

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

23         (1)  When an appropriations act is delivered to the

24  Governor after the Legislature has adjourned sine die, as soon

25  as practicable, but no later than the 10th day before the end

26  of the period allowed by law for veto consideration in any

27  year in which an appropriation is made, the chairs of the

28  legislative appropriations committees shall jointly transmit:

29         (a)  The official list of General Revenue Fund

30  appropriations determined in consultation with the Executive

31  Office of the Governor to be nonrecurring; and

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  1         (b)  The documents set forth in s. 216.0442(2)(a) and

  2  (c),

  3

  4  to the Executive Office of the Governor, the Comptroller, the

  5  Auditor General, the Chief Justice of the Supreme Court, and

  6  each state agency. A request for additional explanation and

  7  direction regarding the legislative intent of the General

  8  Appropriations Act during the fiscal year may be made to the

  9  chair and vice chair of the Legislative Budget Commission or

10  the President of the Senate and the Speaker of the House of

11  Representatives only by and through the Executive Office of

12  the Governor for state agencies, and by and through the Chief

13  Justice of the Supreme Court for the judicial branch, as is

14  deemed necessary.  However, the Comptroller may also request

15  further clarification of legislative intent pursuant to the

16  Comptroller's responsibilities related to his or her preaudit

17  function of expenditures.

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

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

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

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

22  Commission and chairs of the legislative appropriations

23  committees in writing, and shall be delivered at least 14 days

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

25  approved in writing by the chair. If the action is solely for

26  the release of funds appropriated by the Legislature, the

27  notice shall be delivered at least 3 days before the effective

28  date of the action. Action shall not be taken on any budget

29  item for which this chapter requires notice to the Legislative

30  Budget Commission or the and appropriations committees without

31

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  1  such notice having been provided, even though there may be

  2  good cause for considering such item.

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

  4  Budget Commission or the President of the Senate and the

  5  Speaker of the House of Representatives timely advise, in

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

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

  8  action, whether subject to the notice and review requirements

  9  of this chapter or not, exceeds the delegated authority of the

10  Executive Office of the Governor for the executive branch or

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

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

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

14  instruct the affected state agency or entity of the judicial

15  branch to change immediately its spending action or spending

16  proposal until the Legislative Budget Commission or the

17  Legislature addresses the issue.  The written documentation

18  shall indicate the specific reasons that an action or proposed

19  action exceeds the delegated authority or is contrary to

20  legislative policy and intent.

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

22  provide by rule that any member of the House of

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

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

25  Representatives or the chair of the Legislative Budget

26  Commission to initiate the procedures of paragraph (b).

27         (3)  The Legislature may annually specify any

28  incentives and disincentives for agencies operating programs

29  under performance-based program budgets pursuant to this

30  chapter in the General Appropriations Act or legislation

31  implementing the General Appropriations Act.

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

  2  this section, and for the 2000-2001 fiscal year only, the

  3  Department of Children and Family Services is required to

  4  provide notice of proposed transfers submitted pursuant to s.

  5  20.19(10)(c)8. to the Executive Office of the Governor and the

  6  chairs of the legislative appropriations committees at least 3

  7  working days prior to their implementation.

  8         Section 7.  Subsections (6), (10), and (11) of section

  9  216.181, Florida Statutes, are amended to read:

10         216.181  Approved budgets for operations and fixed

11  capital outlay.--

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

13  Chief Justice of the Supreme Court may require the submission

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

15  branch affected, consistent with the General Appropriations

16  Act, special appropriations acts, and the statement of intent

17  before transferring and releasing the balance of a lump-sum

18  appropriation. The provisions of this paragraph are subject to

19  the notice and review procedures set forth in s. 216.177.

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

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

22  the Legislative Budget Commission, state agency and judicial

23  branch entity budgets, respectively, to reflect the

24  transferred funds based on the approved plans for lump-sum

25  appropriations.

26

27  The Executive Office of the Governor shall transmit to each

28  state agency and the Comptroller, and the Chief Justice shall

29  transmit to each judicial branch component and the

30  Comptroller, any approved amendments to the approved operating

31  budgets.

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  1         (10)(a)  The Executive Office of the Governor and the

  2  Chief Justice of the Supreme Court may increase or decrease

  3  the approved salary rate for positions for the purpose of

  4  implementing the General Appropriations Act, special

  5  appropriations acts, and actions pursuant to s. 216.262

  6  consistent with legislative intent and policy. Other

  7  adjustments to approved salary rate must be approved by the

  8  Legislative Budget Commission pursuant to the request of the

  9  agency filed with the Executive Office of the Governor or

10  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 and review procedures set

15  forth in s. 216.177.

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

17  specifically appropriated or provided pursuant to s. 216.1815

18  or s. 110.1245.

19         (c)  State agencies and the judicial branch shall

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

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

22  with each category to the Legislative Budget Commission in a

23  form and manner prescribed by the commission.

24         (11)  The Executive Office of the Governor may approve

25  transfers of appropriations in the General Appropriations Act

26  within any state trust fund of an agency, and the Chief

27  Justice of the Supreme Court may approve such transfers for

28  the judicial branch. The Executive Office of the Governor and

29  the Chief Justice of the Supreme Court may approve changes in

30  the amounts appropriated from state trust funds in excess of

31  those in the approved operating budget up to $1 million only

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  1  pursuant to the federal funds provisions of s. 216.212, when

  2  grants and donations are received after April 1, or when

  3  deemed necessary due to a set of conditions that were

  4  unforeseen at the time the General Appropriations Act was

  5  adopted and that are essential to correct in order to continue

  6  the operation of government. Changes in the amounts

  7  appropriated from state trust funds in excess of those in the

  8  approved operating budget which are in excess of $1 million

  9  may be approved only by the Legislative Budget Commission

10  pursuant to the request of a state agency filed with the

11  Executive Office of the Governor or pursuant to the request of

12  an entity of the judicial branch filed with the Chief Justice

13  of the Supreme Court. The provisions of this subsection are

14  subject to the notice, review, and objection procedures set

15  forth in s. 216.177.

16         Section 8.  Section 216.1815, Florida Statutes, is

17  created to read:

18         216.1815  Agency incentive and savings program.--

19         (1)  In order to provide an incentive for agencies and

20  the judicial branch to re-engineer business processes and

21  otherwise increase operating efficiency, it is the intent of

22  the Legislature to allow agencies and the judicial branch to

23  retain a portion of the savings produced by internally

24  generated agency or judicial branch program efficiencies and

25  cost reductions.

26         (2)  To be eligible to retain funds, an agency or the

27  Chief Justice of the Supreme Court must submit a plan and an

28  associated request to amend its approved operating budget to

29  the Legislative Budget Commission specifying:

30         (a)  The modifications to approved programs resulting

31  in efficiencies and cost savings;

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  1         (b)  The amount and source of the funds and positions

  2  saved;

  3         (c)  The specific positions, rate, amounts, and sources

  4  of funds the agency or the judicial branch wishes to include

  5  in its incentive expenditures;

  6         (d)  How the agency or the judicial branch will meet

  7  the goals and objectives established in its long-range program

  8  plan;

  9         (e)  How the agency or the judicial branch will meet

10  performance standards established by the Legislature and those

11  in its long-range program plan; and

12         (f)  Any other incentive expenditures which the agency

13  or the judicial branch believes will enhance its performance.

14         (3)  Notwithstanding the 14-day notice requirement

15  contained in s. 216.177(2)(a), all plans and budget amendments

16  submitted to the Legislative Budget Commission pursuant to

17  this section shall be delivered at least 30 days prior to the

18  date of the commission meeting at which the request will be

19  considered.

20         (4)  In determining the amount the agency or the

21  judicial branch will be allowed to retain, the commission

22  shall consider the actual savings projected for the current

23  budget year and the annualized savings.

24         (5)  The amount to be retained by the agency or the

25  judicial branch shall be no less than 5 percent and no more

26  than 25 percent of the annual savings and may be used by the

27  agency or the judicial branch for salary increases or other

28  expenditures specified in the agency's or the judicial

29  branch's plan if the salary increases or other expenditures do

30  not create a recurring cost to the state in excess of the

31

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  1  recurring savings achieved by the agency or the judicial

  2  branch in the plan.

  3         (6)  Each agency or judicial branch allowed to retain

  4  funds pursuant to this section shall submit in its next

  5  legislative budget request a schedule showing how it used such

  6  funds.

  7         Section 9.  Section 216.1826, Florida Statutes, is

  8  created to read:

  9         216.1826  Activity-based planning and

10  budgeting.--Agencies are directed to work in consultation with

11  the Executive Office of the Governor and the appropriations

12  and appropriate substantive committees of the Legislature, and

13  the Chief Justice of the Supreme Court is directed to work

14  with the appropriations and appropriate substantive committees

15  of the Legislature, to identify and reach consensus on the

16  appropriate services and activities for activity-based

17  budgeting.  It is the intent of the Legislature that all

18  dollars within an agency or the judicial branch be allocated

19  to the appropriate activity for budgeting purposes.

20  Additionally, agencies or the judicial branch shall examine

21  approved performance measures and recommend any changes so

22  that outcomes are clearly delineated for each service or

23  program, as appropriate, and outputs are aligned with

24  activities.  Output measures should be capable of being used

25  to generate a unit cost for each activity resulting in a true

26  accounting of what the state should spend on each activity it

27  provides and what the state should expect to accomplish with

28  those funds.

29         Section 10.  Subsection (1) of section 216.192, Florida

30  Statutes, is amended to read:

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  1         216.192  Release of appropriations; revision of

  2  budgets.--

  3         (1)  Unless otherwise provided in the General

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

  5  percent of the original approved operating budget of each

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

  7  time as annual plans for quarterly releases for all

  8  appropriations have been developed, approved, and furnished to

  9  the Comptroller by the Executive Office of the Governor for

10  state agencies and by the Chief Justice of the Supreme Court

11  for the judicial branch.  The plans, including appropriate

12  plans of releases for fixed capital outlay projects that

13  correspond with each project schedule, shall attempt to

14  maximize the use of trust funds and shall be transmitted to

15  the Comptroller by August 1 of each fiscal year. Such releases

16  shall at no time exceed the total appropriations available to

17  a state agency or to the judicial branch, or the approved

18  budget for such agency or the judicial branch if less. The

19  Comptroller shall enter such releases in his or her records in

20  accordance with the release plans prescribed by the Executive

21  Office of the Governor and the Chief Justice, unless otherwise

22  amended as provided by law.  The Executive Office of the

23  Governor and the Chief Justice shall transmit a copy of the

24  approved annual releases to the head of the state agency, the

25  chair and vice chair of the Legislative Budget Commission, the

26  chairs of the legislative appropriations committees, and the

27  Auditor General. The Comptroller shall authorize all

28  expenditures to be made from the appropriations on the basis

29  of such releases and in accordance with the approved budget,

30  and not otherwise. Expenditures shall be authorized only in

31  accordance with legislative authorizations. Nothing herein

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  1  precludes periodic reexamination and revision by the Executive

  2  Office of the Governor or by the Chief Justice of the annual

  3  plans for release of appropriations and the notifications of

  4  the parties of all such revisions.

  5         Section 11.  Section 216.216, Florida Statutes, is

  6  amended to read:

  7         216.216  Court settlement funds negotiated by the

  8  state.--In any court settlement in which a state agency or

  9  officer or any other counsel representing the interests of the

10  state negotiates settlement amounts to be expended by on any

11  state operational or fixed capital issue in the judicial

12  branch or the executive branch, such funds may not be expended

13  unless the Legislature has appropriated funds to the agency in

14  the appropriate category or the Legislative Budget Commission

15  has approved a budget amendment for such funds. In either

16  instance, the funding source identified must be sufficient to

17  cover both the anticipated program costs and the amount of the

18  settlement, the settlement must not be contrary to the intent

19  of the Legislature, and, if the settlement amount is

20  substantial, good reason must exist for entering into the

21  settlement prior to the next legislative session and no

22  significant amount of recurring funding shall be committed

23  appropriated by the Legislature to the appropriate agency

24  responsible for the operational or fixed capital issue. When a

25  state agency or officer settles an action in which the state

26  will receive moneys, the funds shall be placed in the General

27  Revenue Fund or in the trust fund that is associated with the

28  agency's or officer's authority to pursue the legal action.

29  The provisions of this section are subject to the notice and

30  review procedures set forth in s. 216.177.

31

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  1         Section 12.  Present subsection (10) of section

  2  216.221, Florida Statutes, is renumbered as subsection (11),

  3  and a new subsection (10) is added to that section to read:

  4         216.221  Appropriations as maximum appropriations;

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

  6         (10)  When advised by the Revenue Estimating

  7  Conference, the Comptroller, or any agency responsible for a

  8  trust fund that a deficit will occur with respect to the

  9  appropriations from a specific trust fund in the current

10  fiscal year, the Governor for the executive branch, or the

11  Chief Justice for the judicial branch, shall develop a plan of

12  action to eliminate the deficit. Before implementing the plan

13  of action, the Governor or the Chief Justice must comply with

14  the provisions of s. 216.177(2). In developing the plan of

15  action, the Governor or the Chief Justice shall, to the extent

16  possible, preserve legislative policy and intent, and, absent

17  any specific directions to the contrary in the General

18  Appropriations Act, any reductions in appropriations from the

19  trust fund for the fiscal year shall be prorated among the

20  specific appropriations made from the trust fund for the

21  current fiscal year.

22         Section 13.  Paragraph (a) of subsection (1) of section

23  216.262, Florida Statutes, is amended to read:

24         216.262  Authorized positions.--

25         (1)(a)  Unless otherwise expressly provided by law, the

26  total number of authorized positions may not exceed the total

27  provided in the appropriations acts.  In the event any state

28  agency or entity of the judicial branch finds that the number

29  of positions so provided is not sufficient to administer its

30  authorized programs, it may file an application with the

31  Executive Office of the Governor or the Chief Justice; and, if

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  1  the Executive Office of the Governor office or Chief Justice

  2  certifies that there are no authorized positions available for

  3  addition, deletion, or transfer within the agency as provided

  4  in paragraph (c) and recommends an increase in the number of

  5  positions, the Governor or the Chief Justice may, after a

  6  public hearing, authorize an increase in the number of

  7  positions for the following reasons only:

  8         1.  To implement or provide for continuing federal

  9  grants or changes in grants not previously anticipated;

10         2.  To meet emergencies pursuant to s. 252.36;

11         3.  To satisfy new federal regulations or changes

12  therein;

13         4.  To take advantage of opportunities to reduce

14  operating expenditures or to increase the revenues of the

15  state or local government; and

16         5.  To authorize positions which were not fixed by the

17  Legislature through error in drafting the appropriations acts.

18

19  The provisions of this paragraph are subject to the notice and

20  review procedures set forth in s. 216.177.  A copy of the

21  application, the certification, and the final authorization

22  shall be filed with the Legislative Budget Commission, the

23  appropriations committees, and with the Auditor General.

24         Section 14.  Subsections (2), (3), (4), and (5) of

25  section 216.292, Florida Statutes, are amended to read:

26         216.292  Appropriations nontransferable; exceptions.--

27         (2)  A lump sum appropriated for a performance-based

28  program must be distributed by the Governor for state agencies

29  or the Chief Justice for the judicial branch into the

30  traditional expenditure categories in accordance with s.

31  216.181(6)(b).  At any time during the year, the agency head

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  1  or Chief Justice may transfer funds between those categories

  2  with no limit on the amount of the transfer. Authorized

  3  revisions of the original approved operating budget, together

  4  with related changes, if any, must be transmitted by the state

  5  agency or by the judicial branch to the Executive Office of

  6  the Governor or the Chief Justice, the chair and vice chair of

  7  the Legislative Budget Commission, the chairs of the

  8  legislative appropriations committees, the Office of Program

  9  Policy Analysis and Government Accountability, and the Auditor

10  General. Such authorized revisions shall be consistent with

11  the intent of the approved operating budget, shall be

12  consistent with legislative policy and intent, and shall not

13  conflict with specific spending policies specified in the

14  General Appropriations Act. The Executive Office of the

15  Governor shall forward a copy of the revisions within 7

16  working days to the Comptroller for entry in his or her

17  records in the manner and format prescribed by the Executive

18  Office of the Governor in consultation with the Comptroller.

19  Such authorized revisions shall be consistent with the intent

20  of the approved operating budget, shall be consistent with

21  legislative policy and intent, and shall not conflict with

22  specific spending policies specified in the General

23  Appropriations Act.

24         (3)  The head of each department or the Chief Justice

25  of the Supreme Court, whenever it is deemed necessary by

26  reason of changed conditions, may transfer appropriations

27  funded from identical funding sources, except appropriations

28  for fixed capital outlay, and transfer the amounts included

29  within the total original approved budget and releases as

30  furnished pursuant to ss. 216.181 and 216.192, as follows:

31

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  1         (a)  Between categories of appropriations within a

  2  budget entity, if no category of appropriation is increased or

  3  decreased by more than 5 percent of the original approved

  4  budget or $150,000, whichever is greater, by all action taken

  5  under this subsection.

  6         (b)  Additionally, between budget entities within

  7  identical categories of appropriations, if no category of

  8  appropriation is increased or decreased by more than 5 percent

  9  of the original approved budget or $150,000, whichever is

10  greater, by all action taken under this subsection.

11         (c)  Such authorized revisions must be consistent with

12  the intent of the approved operating budget, must be

13  consistent with legislative policy and intent, and must not

14  conflict with specific spending policies specified in the

15  General Appropriations Act.

16

17  Such authorized revisions, together with related changes, if

18  any, in the plan for release of appropriations, shall be

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

20  the Comptroller for entry in the Comptroller's records in the

21  manner and format prescribed by the Executive Office of the

22  Governor in consultation with the Comptroller.  A copy of such

23  revision shall be furnished to the Executive Office of the

24  Governor or the Chief Justice, the chair and vice chair of the

25  Legislative Budget Commission, the chairs of the legislative

26  committees, and the Auditor General.

27         (4)(a)  The head of each department or the Chief

28  Justice of the Supreme Court may transfer funds within

29  programs identified in the General Appropriations Act from

30  identical funding sources between the following appropriation

31  categories without limitation so long as such a transfer does

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  1  not result in an increase to the total recurring general

  2  revenue or trust fund cost of the agency or entity of the

  3  judicial branch in the subsequent fiscal year: other personal

  4  services, expenses, operating capital outlay, food products,

  5  performance-based program budgeting lump sums, acquisition of

  6  motor vehicles, data processing services, operating and

  7  maintenance of patrol vehicles, overtime payments, salary

  8  incentive payments, compensation to retired judges, law

  9  libraries, and juror and witness payments. Such transfers must

10  be consistent with legislative policy and intent and must not

11  adversely affect achievement of approved performance outcomes

12  or outputs in any program. Notice of proposed transfers under

13  this authority shall be provided to the Executive Office of

14  the Governor and the chairs of the legislative appropriations

15  committees at least 5 working days prior to their

16  implementation.

17         (b)  The head of each department or the Chief Justice

18  of the Supreme Court may transfer funds and positions from

19  identical funding sources between salaries and benefits

20  appropriation categories within programs identified in the

21  General Appropriations Act.  Such transfers must be consistent

22  with legislative policy and intent and must not adversely

23  affect achievement of approved performance outcomes or outputs

24  in any program. Notice of proposed transfers under this

25  authority shall be provided to the Executive Office of the

26  Governor and the chairs of the legislative appropriations

27  committees at least 5 working days prior to their

28  implementation.

29         (5)(a)  Transfers of appropriations for operations from

30  the General Revenue Fund in excess of those provided in

31  subsections (3) and (4) but within a state agency or within

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  1  the judicial branch may be authorized by the commission for

  2  the executive branch and the Chief Justice for the judicial

  3  branch, pursuant to the request of the agency filed with the

  4  Executive Office of the Governor, or pursuant to the request

  5  of an entity of the judicial branch filed with the Chief

  6  Justice of the Supreme Court, if deemed necessary and in the

  7  best interest of the state and consistent with legislative

  8  policy and intent. The provisions of this paragraph are

  9  subject to the notice, review, and objection procedures set

10  forth in s. 216.177.

11         (b)  Transfers of appropriations for operations from

12  trust funds in excess of those provided in subsection (4)

13  which are greater than 5 percent of the original approved

14  budget or $1 million, whichever is greater, but within a state

15  agency or within the judicial branch may be authorized by the

16  commission, pursuant to the request of the agency filed with

17  the Executive Office of the Governor or pursuant to the

18  request of an entity of the judicial branch filed with the

19  Chief Justice of the Supreme Court, if deemed necessary and in

20  the best interest of the state and consistent with legislative

21  policy and intent. The provisions of this paragraph are

22  subject to the notice, review, and objection procedures set

23  forth in s. 216.177.

24         (c)(b)  When an appropriation for a named fixed capital

25  outlay project is found to be in excess of that needed to

26  complete that project, at the request of the Executive Office

27  of the Governor for state agencies or the Chief Justice of the

28  Supreme Court for the judicial branch the excess may be

29  transferred, with the approval of the commission or the Chief

30  Justice, to another project for which there has been an

31  appropriation in the same fiscal year from the same fund and

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  1  within the same department where a deficiency is found to

  2  exist.  Further, a fixed capital outlay project may not be

  3  initiated without a specific legislative appropriation, nor

  4  may The scope of a fixed capital outlay project may not be

  5  changed by any the transfer of funds made pursuant to this

  6  subsection.  The provisions of this paragraph are subject to

  7  the notice, review, and objection procedures set forth in s.

  8  216.177.

  9         (d)  A fixed capital outlay project may not be

10  initiated without a specific legislative appropriation.

11         (e)(c)  Federal funds for fixed capital outlay projects

12  for the Department of Military Affairs which do not carry a

13  continuing commitment on future appropriations by the

14  Legislature may be approved by the Executive Office of the

15  Governor for the purpose received. The provisions of this

16  paragraph are subject to the notice, review, and objection

17  procedures set forth in s. 216.177.

18         Section 15.  Section 11.90, Florida Statutes, is

19  amended to read:

20         11.90  Legislative Budget Budgeting Commission.--

21         (1)  There is created a standing joint committee of the

22  Legislature designated the Legislative Budget Budgeting

23  Commission, composed of 14 members as follows:  seven members

24  of the Senate appointed by the President of the Senate, to

25  include the Chairman of the Senate Budget Committee or its

26  successor, and seven members of the House of Representatives

27  appointed by the Speaker of the House of Representatives, to

28  include the Chairman of the Fiscal Responsibility Council or

29  its successor. The terms of members shall be for 2 years and

30  shall run from the organization of one Legislature to the

31  organization of the next Legislature. Vacancies occurring

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  1  during the interim period shall be filled in the same manner

  2  as the original appointment.  During even-numbered years, the

  3  chair of the commission shall be the chair of the Senate

  4  Budget Committee or its successor, and the vice chair of the

  5  commission shall be the chair of the House Fiscal

  6  Responsibility Council or its successor.  During odd-numbered

  7  years, the chair of the commission shall be the chair of the

  8  House Fiscal Responsibility Council or its successor, and the

  9  vice chair of the commission shall be the chair of the Senate

10  Budget Committee or its successor.  The members of the

11  committee shall elect a chair and vice chair. During the

12  2-year term, a member of each house shall serve as chair for 1

13  year.

14         (2)  The Legislative Budget Commission shall be

15  governed by joint rules of the Senate and the House of

16  Representatives which shall remain in effect until repealed or

17  amended by concurrent resolution.

18         (3)  The commission shall meet at least quarterly and

19  more frequently at the direction of the presiding officers or

20  upon call of the chairman. A quorum shall consist of a

21  majority of members from each house, plus one additional

22  member from either house. Action by the commission requires a

23  majority vote of the members present of each house.

24         (4)  The commission may conduct its meetings through

25  teleconferences or other similar means.

26         (5)  The commission will be jointly staffed by the

27  appropriations committees of the House of Representatives and

28  the Senate. During even-numbered years, the Senate will serve

29  as lead staff, and during odd-numbered years, the House of

30  Representatives will serve as lead staff.

31

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  1         Section 16.  Subsection (2) of section 27.345, Florida

  2  Statutes, is amended to read:

  3         27.345  State Attorney RICO Trust Fund; authorized use

  4  of funds; reporting.--

  5         (2)  There is created for each of the several state

  6  attorneys a trust fund to be known as the State Attorney RICO

  7  Trust Fund. The amounts awarded to a state attorney pursuant

  8  to this section shall be deposited in the trust fund for that

  9  state attorney. Funds deposited in such trust fund shall be

10  used, when authorized by appropriation or action of the

11  Executive Office of the Governor pursuant to s.

12  216.181(11)(10), for investigation, prosecution, and

13  enforcement by that state attorney of civil or criminal causes

14  of action arising under the provisions of the Florida RICO

15  (Racketeer Influenced and Corrupt Organization) Act.

16         Section 17.  Section 27.3451, Florida Statutes, is

17  amended to read:

18         27.3451  State Attorney's Forfeiture and Investigative

19  Support Trust Fund.--There is created for each of the several

20  state attorneys a trust fund to be known as the State

21  Attorney's Forfeiture and Investigative Support Trust Fund.

22  Revenues received by a state attorney as a result of

23  forfeiture proceedings, as provided under s. 932.704, shall be

24  deposited in such trust fund and shall be used, when

25  authorized by appropriation or action of the Executive Office

26  of the Governor pursuant to s. 216.181(11)(10), for the

27  investigation of crime, prosecution of criminals, or other law

28  enforcement purposes.

29         Section 18.  Section 27.385, Florida Statutes, is

30  created to read:

31         27.385  Budget expenditures.--

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  1         (1)  Notwithstanding provisions to the contrary in s.

  2  27.34(2), a state attorney may expend appropriated state funds

  3  for items that are enumerated in that subsection.

  4         (2)  Each state attorney shall, by October 1 of each

  5  fiscal year, submit a report to the Legislative Budget

  6  Commission showing the amount of state funds expended during

  7  the previous fiscal year ending in June for the items

  8  enumerated in s. 27.34(2). The Justice Administrative

  9  Commission shall prescribe the format of this report.

10         Section 19.  Section 27.605, Florida Statutes, is

11  created to read:

12         27.605  Budget expenditures.--

13         (1)  Notwithstanding provisions to the contrary in s.

14  27.54(3), a public defender may expend appropriated state

15  funds for items that are enumerated in that subsection.

16         (2)  Each public defender shall, by October 1 of each

17  fiscal year, submit a report to the Legislative Budget

18  Commission showing the amount of state funds expended during

19  the previous fiscal year ending in June for the items

20  enumerated in s. 27.54(3).

21         Section 20.  Section 45.062, Florida Statutes, is

22  amended to read:

23         45.062  Settlements, conditions, or orders when an

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

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

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

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

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

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

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

31  requires the expenditure of or the obligation to expend any

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  1  state funds or other state resources, or the establishment of

  2  any new program, unless:

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

  4  appropriation or program established by law; and

  5         (b)  Prior written notification is given within 5

  6  business days of the date the settlement or presettlement

  7  agreement or order is to be made final to the President of the

  8  Senate, the Speaker of the House of Representatives, the

  9  Senate and House minority leaders, and the Attorney General.

10  Such notification shall specify how the agency involved will

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

12  appropriations.

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

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

15  action.

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

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

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

19         (4)  State executive branch agencies and officers shall

20  report to each substantive and fiscal committee of the

21  Legislature having jurisdiction over the reporting agency on

22  all potential settlements which may commit the state to:

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

24         (b)  Make policy changes inconsistent with current law.

25

26  The state executive branch agency or officer shall provide

27  periodic updates to the appropriate legislative committees on

28  these issues during the settlement process.

29         Section 21.  Notwithstanding the provisions of section

30  10 of chapter 90-110, Laws of Florida, subsection (3) of

31

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  1  section 215.20, Florida Statutes, shall not stand repealed on

  2  October 1, 2001, and shall continue in full force and effect.

  3         Section 22.  Section 284.385, Florida Statutes, is

  4  amended to read:

  5         284.385  Reporting and handling of claims.--All

  6  departments covered by the State Risk Management Trust Fund

  7  under this part shall immediately report all known or

  8  potential claims to the Department of Insurance for handling,

  9  except employment complaints which have not been filed with

10  the Florida Human Relations Commission, Equal Employment

11  Opportunity Commission, or any similar agency. When deemed

12  necessary, the Department of Insurance shall assign or

13  reassign the claim to counsel.  The assigned counsel shall

14  report regularly to the Department of Insurance or to the

15  covered department on the status of any such claims or

16  litigation as required by the Department of Insurance.  No

17  such claim shall be compromised or settled for monetary

18  compensation without the prior approval of the Department of

19  Insurance and prior notification to the covered department.

20  All departments shall cooperate with the Department of

21  Insurance in its handling of claims.  The Department of

22  Insurance, the Department of Management Services, and the

23  Department of Banking and Finance, with the cooperation of the

24  state attorneys and the clerks of the courts, shall develop a

25  system to coordinate the exchange of information concerning

26  claims for and against the state, its agencies, and its

27  subdivisions, to assist in collection of amounts due to them.

28  The covered department shall have the responsibility for the

29  settlement of any claim for injunctive or affirmative relief

30  under 42 U.S.C. s. 1983 or similar federal or state statutes.

31  The payment of a settlement or judgment for any claim covered

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  1  and reported under this part shall be made only from the State

  2  Risk Management Trust Fund.

  3         Section 23.  Paragraph (b) of subsection (2) of section

  4  376.15, Florida Statutes, is amended to read:

  5         376.15  Derelict vessels; removal from public waters.--

  6         (2)

  7         (b)  The commission may establish a program to provide

  8  grants to coastal local governments for the removal of

  9  derelict vessels from the public waters of the state.  The

10  program shall be funded from the Florida Coastal Protection

11  Trust Fund. Notwithstanding the provisions in s.

12  216.181(11)(10), funds available for grants may only be

13  authorized by appropriations acts of the Legislature.

14         Section 24.  This act shall take effect July 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1784

  3

  4  Specifies legislative intent to implement activity-based
    planning and budgeting;
  5
    Requires agencies to submit a unit cost summary report and
  6  provides for a funding penalty for failure to submit the
    report;
  7
    Provides for an agency and judicial branch incentive and
  8  shared savings program;

  9  Authorizes lump sum bonuses pursuant to the incentive and
    shared savings program;
10
    Requires the Legislative Budget Commission to review and act
11  upon Trust Fund increases in excess of 5% of the original
    approved budget or $1,000,000 whichever is greater;
12
    Requires agencies to include in their legislative budget
13  request an inventory of all litigation in which the agency is
    involved that may require additionalappropriations;
14
    Requires agencies to have a specific appropriation or approval
15  from the Legislative Budget Commission in order to spend funds
    obtained through court settlements;
16
    Requires the Governor or Chief Justice to develop a plan to
17  eliminate deficits in trust funds;

18  Clarifies the schedule of appointing chairs to the Legislative
    Budget Commission;
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