Senate Bill sb1784e1

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    CS for SB 1784                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to state planning and

  3         budgeting; amending s. 110.227, F.S.; providing

  4         that "bumping" or certain special protection

  5         may not be prohibited in a collective

  6         bargaining agreement; amending s. 216.011,

  7         F.S.; modifying the definition of the term

  8         "operating capital outlay"; amending s.

  9         216.013, F.S.; removing the requirement for the

10         Executive Office of the Governor to consider

11         certain findings relating to information

12         technology in its review of long-range program

13         plans of executive agencies; requiring

14         long-range program plans to be consistent with

15         legislation implementing the General

16         Appropriations Act; amending s. 216.023, F.S.;

17         revising requirements of legislative budget

18         requests; requiring legislative budget requests

19         to include an inventory of litigation requiring

20         additional appropriations or changes in the

21         law; providing for update of such inventory;

22         revising requirements of legislative budget

23         requests relating to the total number of

24         positions and to unit-cost data; providing for

25         reducing funding of agencies that do not

26         comply; amending s. 216.0446, F.S.; correcting

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

28         revising provisions relating to estimating

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

30         revising the manner in which requests regarding

31         legislative intent on the General


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    CS for SB 1784                                 First Engrossed



  1         Appropriations Act are to be made; revising

  2         requirements relating to notice of action on

  3         appropriations to be taken by the Executive

  4         Office of the Governor or the Chief Justice of

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

  6         authorizing the Chief Justice to amend, without

  7         approval of the Legislative Budget Commission,

  8         judicial branch entity budgets to reflect

  9         transferred funds based on the approved plans

10         for lump-sum appropriations; requiring approval

11         of the Legislative Budget Commission for

12         certain adjustments to approved salary rate;

13         providing circumstances under which lump-sum

14         bonuses may be provided; requiring quarterly

15         reporting of positions filled, positions

16         vacant, and the salary rate associated with

17         each category; granting the Legislative Budget

18         Commission authority to approve specified state

19         trust fund appropriations; creating s.

20         216.1815, F.S.; providing for an agency and

21         judicial branch incentive and savings program;

22         providing requirements; creating s. 216.1826,

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

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

25         conforming provisions; amending s. 216.216,

26         F.S.; providing restrictions on the expenditure

27         of funds for court settlements negotiated by

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

29         requirements for the elimination of a deficit

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

31         specifying authority of the Executive Office of


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    CS for SB 1784                                 First Engrossed



  1         the Governor to increase the number of

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

  3         conforming provisions; adding food products as

  4         an allowable fund transfer category;

  5         authorizing transfer of positions under certain

  6         circumstances; authorizing transfers of

  7         appropriations for operations from trust funds

  8         in excess of certain amounts under certain

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

10         establishing the chair and vice chair of the

11         Legislative Budget Commission each year;

12         eliminating the election of such officers;

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

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

15         reenacting provisions related to expenditures

16         of appropriated funds by state attorneys;

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

18         reenacting provisions related to expenditures

19         of appropriated funds by public defenders;

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

21         requiring certain notification and reporting

22         with respect to executive branch settlements;

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

24         additional trust fund service charge, from

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

26         requiring assigned counsel to report to the

27         covered department on the status of casualty

28         claims or litigation; prohibiting compromise or

29         settlement of a casualty claim without prior

30         notification to the covered department;

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


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    CS for SB 1784                                 First Engrossed



  1         cross-reference; creating s. 215.98, F.S.;

  2         providing a declaration of public policy;

  3         requiring the Division of Bond Finance of the

  4         State Board of Administration to conduct an

  5         annual debt affordability analysis; requiring a

  6         report; specifying report requirements;

  7         amending s. 11.90, F.S.; providing additional

  8         powers and duties of the Legislative Budget

  9         Commission relating to the state's debt;

10         providing an effective date.

11

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

13

14         Section 1.  Subsection (2) of section 110.227, Florida

15  Statutes, is amended to read:

16         110.227  Suspensions, dismissals, reductions in pay,

17  demotions, layoffs, transfers, and grievances.--

18         (2)  The department shall establish rules and

19  procedures for the suspension, reduction in pay, transfer,

20  layoff, demotion, and dismissal of employees in the career

21  service. Such rules shall be approved by the Administration

22  Commission prior to their adoption by the department. This

23  subsection does not prohibit bumping in a collective

24  bargaining agreement nor does it prevent or abrogate any

25  collective bargaining provisions that recognize special

26  protection on the basis of seniority or job experience.

27         Section 2.  Paragraph (bb) of subsection (1) of section

28  216.011, Florida Statutes, is amended to read:

29         216.011  Definitions.--

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

31  appropriations acts, legislative budgets, and approved


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    CS for SB 1784                                 First Engrossed



  1  budgets, each of the following terms has the meaning

  2  indicated:

  3         (bb)  "Operating capital outlay" means the

  4  appropriation category used to fund equipment, fixtures, and

  5  other tangible personal property of a nonconsumable and

  6  nonexpendable nature, according up to the value or cost

  7  specified in s. 273.02.

  8         Section 3.  Subsections (4) and (9) of section 216.013,

  9  Florida Statutes, are amended to read:

10         216.013  Long-range program plan.--

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

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

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

14  and other requirements as specified in the written

15  instructions and that they provide the framework and context

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

17  Office of the Governor shall consider the findings of the

18  Technology Review Workgroup as to the consistency of the

19  information technology portion of long-range program plans

20  with the State Annual Report on Information Resources

21  Management and statewide policies recommended by the State

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

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

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

25  revise the plan.

26         (9)  Agencies and the judicial branch shall make

27  appropriate adjustments to their long-range program plans to

28  be consistent with the appropriations and performance measures

29  in the General Appropriations Act and legislation implementing

30  the General Appropriations Act. Agencies and the judicial

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


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    CS for SB 1784                                 First Engrossed



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

  2  Governor for review.

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

  4  section 216.023, Florida Statutes, are amended, present

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

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

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

  8         216.023  Legislative budget requests to be furnished to

  9  Legislature by agencies.--

10         (4)  The legislative budget request must contain for

11  each program:

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

13  and or requested).

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

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

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

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

18  accountability tool. Therefore, each budget entity must also

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

20  subordinate entities, and contracting entities which includes:

21         1.  The budget for each entity;

22         2.  The total amount of revenue received or otherwise

23  passed through each entity;

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

25  with total amounts spent for each major activity and unit

26  costs for each such activity; and

27         4.  The total amount of reversions or actual

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

29  pursuant to s. 186.022.

30

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    CS for SB 1784                                 First Engrossed



  1  At the regular session immediately following the submission of

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

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

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

  5  the fiscal year preceding the current fiscal year, the funding

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

  7  under this paragraph.

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

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

10  Court for the judicial branch shall include an inventory of

11  all litigation in which the agency is involved that may

12  require additional appropriations to the agency or amendments

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

14  March 1 following the submission of the legislative budget

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

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

17  changes to the inventory.  Such inventory shall include

18  information specified annually in the legislative budget

19  instructions.

20         Section 5.  Paragraph (a) of subsection (2) of section

21  216.0446, Florida Statutes, is amended to read:

22         216.0446  Review of information resources management

23  needs.--

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

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

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

27  following:

28         (a)  To evaluate the information resource management

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

30  consistency with the State Annual Report on Information

31  Resources Management and statewide policies recommended by the


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    CS for SB 1784                                 First Engrossed



  1  State Technology Office Council, and make recommendations to

  2  the chairs of the legislative appropriations committees.

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

  4  Florida Statutes, are amended to read:

  5         216.136  Consensus estimating conferences; duties and

  6  principals.--

  7         (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--

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

  9  Conference shall:

10         1.  Develop such official information relating to the

11  criminal justice system, including forecasts of prison

12  admissions and population and of supervised felony offender

13  admissions and population by offense categories specified in

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

15  conference determines is needed for the state planning and

16  budgeting system.

17         2.  Develop such official information relating to the

18  number of eligible discharges and the projected number of

19  civil commitments for determining space needs pursuant to the

20  civil proceedings provided under part V of chapter 394.

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

22  the coordinator of the Office of Economic and Demographic

23  Research, and professional staff, who have forecasting

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

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

26  the Criminal Justice Estimating Conference.  The principal

27  representing the Executive Office of the Governor shall

28  preside over sessions of the conference.

29         (6)  SOCIAL SERVICES ESTIMATING CONFERENCE.--

30         (a)  Duties.--

31


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    CS for SB 1784                                 First Engrossed



  1         1.  The Social Services Estimating Conference shall

  2  develop such official information relating to the social

  3  services system of the state, including forecasts of social

  4  services caseloads, utilization, and expenditures, as the

  5  conference determines is needed for the state planning and

  6  budgeting system.  Such official information shall include,

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

  8  child care caseloads mandated by the Family Support Act of

  9  1988.

10         2.  In addition, the Social Services Estimating

11  Conference shall develop estimates and forecasts of the

12  unduplicated count of children eligible for subsidized child

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

14  forecasts shall not include children enrolled in the

15  prekindergarten early intervention program established in s.

16  230.2305.

17         3.  The Department of Children and Family Services and

18  the Department of Education shall provide information on

19  caseloads and waiting lists for the subsidized child care and

20  prekindergarten early intervention programs requested by the

21  Social Services Estimating Conference or individual conference

22  principals, in a timely manner.

23         2.4.  The Social Services Estimating Conference shall

24  develop information relating to the Florida Kidcare program,

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

26  caseload, utilization, and expenditure information that the

27  conference determines is needed to plan for and project future

28  budgets and the drawdown of federal matching funds. The

29  agencies required to collect and analyze Florida Kidcare

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

31  Social Services Estimating Conference for purposes of


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    CS for SB 1784                                 First Engrossed



  1  developing information relating to the Florida Kidcare

  2  program.

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

  4  the coordinator of the Office of Economic and Demographic

  5  Research, and professional staff, who have forecasting

  6  expertise, from the Department of Children and Family

  7  Services, the Agency for Health Care Administration, the

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

  9  are the principals of the Social Services Estimating

10  Conference.  The principal representing the Executive Office

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

12         Section 7.  Section 216.177, Florida Statutes, is

13  amended to read:

14         216.177  Appropriations acts, statement of intent,

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

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

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

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

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

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

21  legislative appropriations committees shall jointly transmit:

22         (a)  The official list of General Revenue Fund

23  appropriations determined in consultation with the Executive

24  Office of the Governor to be nonrecurring; and

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

26  (c),

27

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

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

30  each state agency. A request for additional explanation and

31  direction regarding the legislative intent of the General


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    CS for SB 1784                                 First Engrossed



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

  2  chair and vice chair of the Legislative Budget Commission or

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

  4  Representatives only by and through the Executive Office of

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

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

  7  deemed necessary.  However, the Comptroller may also request

  8  further clarification of legislative intent pursuant to the

  9  Comptroller's responsibilities related to his or her preaudit

10  function of expenditures.

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

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

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

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

15  Commission and chairs of the legislative appropriations

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

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

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

19  the release of funds appropriated by the Legislature, the

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

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

22  item for which this chapter requires notice to the Legislative

23  Budget Commission or the and appropriations committees without

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

25  good cause for considering such item.

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

27  Budget Commission or the President of the Senate and the

28  Speaker of the House of Representatives timely advise, in

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

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

31  action, whether subject to the notice and review requirements


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

  2  Executive Office of the Governor for the executive branch or

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

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

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

  6  instruct the affected state agency or entity of the judicial

  7  branch to change immediately its spending action or spending

  8  proposal until the Legislative Budget Commission or the

  9  Legislature addresses the issue.  The written documentation

10  shall indicate the specific reasons that an action or proposed

11  action exceeds the delegated authority or is contrary to

12  legislative policy and intent.

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

14  provide by rule that any member of the House of

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

16  the President of the Senate or the Speaker of the House of

17  Representatives or the chair of the Legislative Budget

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

19         (3)  The Legislature may annually specify any

20  incentives and disincentives for agencies operating programs

21  under performance-based program budgets pursuant to this

22  chapter in the General Appropriations Act or legislation

23  implementing the General Appropriations Act.

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

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

26  Department of Children and Family Services is required to

27  provide notice of proposed transfers submitted pursuant to s.

28  20.19(10)(c)8. to the Executive Office of the Governor and the

29  chairs of the legislative appropriations committees at least 3

30  working days prior to their implementation.

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    CS for SB 1784                                 First Engrossed



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

  2  216.181, Florida Statutes, are amended to read:

  3         216.181  Approved budgets for operations and fixed

  4  capital outlay.--

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

  6  Chief Justice of the Supreme Court may require the submission

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

  8  branch affected, consistent with the General Appropriations

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

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

11  appropriation. The provisions of this paragraph are subject to

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

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

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

15  the Legislative Budget Commission, state agency and judicial

16  branch entity budgets, respectively, to reflect the

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

18  appropriations.

19

20  The Executive Office of the Governor shall transmit to each

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

22  transmit to each judicial branch component and the

23  Comptroller, any approved amendments to the approved operating

24  budgets.

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

26  Chief Justice of the Supreme Court may increase or decrease

27  the approved salary rate for positions for the purpose of

28  implementing the General Appropriations Act, special

29  appropriations acts, and actions pursuant to s. 216.262

30  consistent with legislative intent and policy. Other

31  adjustments to approved salary rate must be approved by the


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    CS for SB 1784                                 First Engrossed



  1  Legislative Budget Commission pursuant to the request of the

  2  agency filed with the Executive Office of the Governor or

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

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

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

  6  with legislative policy and intent. The provisions of this

  7  paragraph are subject to the notice and review procedures set

  8  forth in s. 216.177.

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

10  specifically appropriated or provided pursuant to s. 216.1815

11  or s. 110.1245.

12         (c)  State agencies and the judicial branch shall

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

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

15  with each category to the Legislative Budget Commission in a

16  form and manner prescribed by the commission.

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

18  transfers of appropriations in the General Appropriations Act

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

20  Justice of the Supreme Court may approve such transfers for

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

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

23  the amounts appropriated from state trust funds in excess of

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

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

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

27  deemed necessary due to a set of conditions that were

28  unforeseen at the time the General Appropriations Act was

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

30  the operation of government. Changes in the amounts

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


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

  2  may be approved only by the Legislative Budget Commission

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

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

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

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

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

  8  forth in s. 216.177.

  9         Section 9.  Section 216.1815, Florida Statutes, is

10  created to read:

11         216.1815  Agency incentive and savings program.--

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

13  the judicial branch to re-engineer business processes and

14  otherwise increase operating efficiency, it is the intent of

15  the Legislature to allow agencies and the judicial branch to

16  retain a portion of the savings produced by internally

17  generated agency or judicial branch program efficiencies and

18  cost reductions.

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

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

21  associated request to amend its approved operating budget to

22  the Legislative Budget Commission specifying:

23         (a)  The modifications to approved programs resulting

24  in efficiencies and cost savings;

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

26  saved;

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

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

29  in its incentive expenditures;

30

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

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

  3  plan;

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

  5  performance standards established by the Legislature and those

  6  in its long-range program plan; and

  7         (f)  Any other incentive expenditures which the agency

  8  or the judicial branch believes will enhance its performance.

  9         (3)  Notwithstanding the 14-day notice requirement

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

11  submitted to the Legislative Budget Commission pursuant to

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

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

14  considered.

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

16  judicial branch will be allowed to retain, the commission

17  shall consider the actual savings projected for the current

18  budget year and the annualized savings.

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

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

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

22  agency or the judicial branch for salary increases or other

23  expenditures specified in the agency's or the judicial

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

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

26  recurring savings achieved by the agency or the judicial

27  branch in the plan.

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

29  funds pursuant to this section shall submit in its next

30  legislative budget request a schedule showing how it used such

31  funds.


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    CS for SB 1784                                 First Engrossed



  1         Section 10.  Section 216.1826, Florida Statutes, is

  2  created to read:

  3         216.1826  Activity-based planning and

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

  5  the Executive Office of the Governor and the appropriations

  6  and appropriate substantive committees of the Legislature, and

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

  8  with the appropriations and appropriate substantive committees

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

10  appropriate services and activities for activity-based

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

12  dollars within an agency or the judicial branch be allocated

13  to the appropriate activity for budgeting purposes.

14  Additionally, agencies or the judicial branch shall examine

15  approved performance measures and recommend any changes so

16  that outcomes are clearly delineated for each service or

17  program, as appropriate, and outputs are aligned with

18  activities.  Output measures should be capable of being used

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

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

21  provides and what the state should expect to accomplish with

22  those funds.

23         Section 11.  Subsection (1) of section 216.192, Florida

24  Statutes, is amended to read:

25         216.192  Release of appropriations; revision of

26  budgets.--

27         (1)  Unless otherwise provided in the General

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

29  percent of the original approved operating budget of each

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

31  time as annual plans for quarterly releases for all


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    CS for SB 1784                                 First Engrossed



  1  appropriations have been developed, approved, and furnished to

  2  the Comptroller by the Executive Office of the Governor for

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

  4  for the judicial branch.  The plans, including appropriate

  5  plans of releases for fixed capital outlay projects that

  6  correspond with each project schedule, shall attempt to

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

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

  9  shall at no time exceed the total appropriations available to

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

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

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

13  accordance with the release plans prescribed by the Executive

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

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

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

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

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

19  chairs of the legislative appropriations committees, and the

20  Auditor General. The Comptroller shall authorize all

21  expenditures to be made from the appropriations on the basis

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

23  and not otherwise. Expenditures shall be authorized only in

24  accordance with legislative authorizations. Nothing herein

25  precludes periodic reexamination and revision by the Executive

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

27  plans for release of appropriations and the notifications of

28  the parties of all such revisions.

29         Section 12.  Section 216.216, Florida Statutes, is

30  amended to read:

31


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    CS for SB 1784                                 First Engrossed



  1         216.216  Court settlement funds negotiated by the

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

  3  officer or any other counsel representing the interests of the

  4  state negotiates settlement amounts to be expended by on any

  5  state operational or fixed capital issue in the judicial

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

  7  unless the Legislature has appropriated funds to the agency in

  8  the appropriate category or the Legislative Budget Commission

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

10  instance, the funding source identified must be sufficient to

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

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

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

14  substantial, good reason must exist for entering into the

15  settlement prior to the next legislative session and no

16  significant amount of recurring funding shall be committed

17  appropriated by the Legislature to the appropriate agency

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

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

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

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

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

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

24  review procedures set forth in s. 216.177.

25         Section 13.  Present subsection (10) of section

26  216.221, Florida Statutes, is renumbered as subsection (11),

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

28         216.221  Appropriations as maximum appropriations;

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

30         (10)  When advised by the Revenue Estimating

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


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    CS for SB 1784                                 First Engrossed



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

  2  appropriations from a specific trust fund in the current

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

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

  5  action to eliminate the deficit. Before implementing the plan

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

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

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

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

10  any specific directions to the contrary in the General

11  Appropriations Act, any reductions in appropriations from the

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

13  specific appropriations made from the trust fund for the

14  current fiscal year.

15         Section 14.  Paragraph (a) of subsection (1) of section

16  216.262, Florida Statutes, is amended to read:

17         216.262  Authorized positions.--

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

19  total number of authorized positions may not exceed the total

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

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

22  of positions so provided is not sufficient to administer its

23  authorized programs, it may file an application with the

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

25  the Executive Office of the Governor office or Chief Justice

26  certifies that there are no authorized positions available for

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

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

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

30  public hearing, authorize an increase in the number of

31  positions for the following reasons only:


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    CS for SB 1784                                 First Engrossed



  1         1.  To implement or provide for continuing federal

  2  grants or changes in grants not previously anticipated;

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

  4         3.  To satisfy new federal regulations or changes

  5  therein;

  6         4.  To take advantage of opportunities to reduce

  7  operating expenditures or to increase the revenues of the

  8  state or local government; and

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

10  Legislature through error in drafting the appropriations acts.

11

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

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

14  application, the certification, and the final authorization

15  shall be filed with the Legislative Budget Commission, the

16  appropriations committees, and with the Auditor General.

17         Section 15.  Subsections (2), (3), (4), and (5) of

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

19         216.292  Appropriations nontransferable; exceptions.--

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

21  program must be distributed by the Governor for state agencies

22  or the Chief Justice for the judicial branch into the

23  traditional expenditure categories in accordance with s.

24  216.181(6)(b).  At any time during the year, the agency head

25  or Chief Justice may transfer funds between those categories

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

27  revisions of the original approved operating budget, together

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

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

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

31  the Legislative Budget Commission, the chairs of the


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    CS for SB 1784                                 First Engrossed



  1  legislative appropriations committees, the Office of Program

  2  Policy Analysis and Government Accountability, and the Auditor

  3  General. Such authorized revisions shall be consistent with

  4  the intent of the approved operating budget, shall be

  5  consistent with legislative policy and intent, and shall not

  6  conflict with specific spending policies specified in the

  7  General Appropriations Act. The Executive Office of the

  8  Governor shall forward a copy of the revisions within 7

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

10  records in the manner and format prescribed by the Executive

11  Office of the Governor in consultation with the Comptroller.

12  Such authorized revisions shall be consistent with the intent

13  of the approved operating budget, shall be consistent with

14  legislative policy and intent, and shall not conflict with

15  specific spending policies specified in the General

16  Appropriations Act.

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

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

19  reason of changed conditions, may transfer appropriations

20  funded from identical funding sources, except appropriations

21  for fixed capital outlay, and transfer the amounts included

22  within the total original approved budget and releases as

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

24         (a)  Between categories of appropriations within a

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

26  decreased by more than 5 percent of the original approved

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

28  under this subsection.

29         (b)  Additionally, between budget entities within

30  identical categories of appropriations, if no category of

31  appropriation is increased or decreased by more than 5 percent


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    CS for SB 1784                                 First Engrossed



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

  2  greater, by all action taken under this subsection.

  3         (c)  Such authorized revisions must be consistent with

  4  the intent of the approved operating budget, must be

  5  consistent with legislative policy and intent, and must not

  6  conflict with specific spending policies specified in the

  7  General Appropriations Act.

  8

  9  Such authorized revisions, together with related changes, if

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

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

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

13  manner and format prescribed by the Executive Office of the

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

15  revision shall be furnished to the Executive Office of the

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

17  Legislative Budget Commission, the chairs of the legislative

18  committees, and the Auditor General.

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

20  Justice of the Supreme Court may transfer funds within

21  programs identified in the General Appropriations Act from

22  identical funding sources between the following appropriation

23  categories without limitation so long as such a transfer does

24  not result in an increase to the total recurring general

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

26  judicial branch in the subsequent fiscal year: other personal

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

28  performance-based program budgeting lump sums, acquisition of

29  motor vehicles, data processing services, operating and

30  maintenance of patrol vehicles, overtime payments, salary

31  incentive payments, compensation to retired judges, law


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    CS for SB 1784                                 First Engrossed



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

  2  be consistent with legislative policy and intent and must not

  3  adversely affect achievement of approved performance outcomes

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

  5  this authority shall be provided to the Executive Office of

  6  the Governor and the chairs of the legislative appropriations

  7  committees at least 5 working days prior to their

  8  implementation.

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

10  of the Supreme Court may transfer funds and positions from

11  identical funding sources between salaries and benefits

12  appropriation categories within programs identified in the

13  General Appropriations Act.  Such transfers must be consistent

14  with legislative policy and intent and must not adversely

15  affect achievement of approved performance outcomes or outputs

16  in any program. Notice of proposed transfers under this

17  authority shall be provided to the Executive Office of the

18  Governor and the chairs of the legislative appropriations

19  committees at least 5 working days prior to their

20  implementation.

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

22  the General Revenue Fund in excess of those provided in

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

24  the judicial branch may be authorized by the commission for

25  the executive branch and the Chief Justice for the judicial

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

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

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

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

30  best interest of the state and consistent with legislative

31  policy and intent. The provisions of this paragraph are


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    CS for SB 1784                                 First Engrossed



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

  2  forth in s. 216.177.

  3         (b)  Transfers of appropriations for operations from

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

  5  which are greater than 5 percent of the original approved

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

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

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

  9  the Executive Office of the Governor or pursuant to the

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

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

12  the best interest of the state and consistent with legislative

13  policy and intent. The provisions of this paragraph are

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

15  forth in s. 216.177.

16         (c)(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 may not be

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

29  subsection.  The provisions of this paragraph are subject to

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

31  216.177.


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    CS for SB 1784                                 First Engrossed



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

  2  initiated without a specific legislative appropriation.

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

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

  5  continuing commitment on future appropriations by the

  6  Legislature may be approved by the Executive Office of the

  7  Governor for the purpose received. The provisions of this

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

  9  procedures set forth in s. 216.177.

10         Section 16.  Section 11.90, Florida Statutes, is

11  amended to read:

12         11.90  Legislative Budget Budgeting Commission.--

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

14  Legislature designated the Legislative Budget Budgeting

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

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

17  include the Chairman of the Senate Budget Committee or its

18  successor, and seven members of the House of Representatives

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

20  include the Chairman of the Fiscal Responsibility Council or

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

22  shall run from the organization of one Legislature to the

23  organization of the next Legislature. Vacancies occurring

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

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

26  chair of the commission shall be the chair of the Senate

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

28  commission shall be the chair of the House Fiscal

29  Responsibility Council or its successor.  During odd-numbered

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

31  House Fiscal Responsibility Council or its successor, and the


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    CS for SB 1784                                 First Engrossed



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

  2  Budget Committee or its successor.  The members of the

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

  4  2-year term, a member of each house shall serve as chair for 1

  5  year.

  6         (2)  The Legislative Budget Commission shall be

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

  8  Representatives which shall remain in effect until repealed or

  9  amended by concurrent resolution.

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

11  more frequently at the direction of the presiding officers or

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

13  majority of members from each house, plus one additional

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

15  majority vote of the members present of each house.

16         (4)  The commission may conduct its meetings through

17  teleconferences or other similar means.

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

19  appropriations committees of the House of Representatives and

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

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

22  Representatives will serve as lead staff.

23         Section 17.  Subsection (2) of section 27.345, Florida

24  Statutes, is amended to read:

25         27.345  State Attorney RICO Trust Fund; authorized use

26  of funds; reporting.--

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

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

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

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

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


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    CS for SB 1784                                 First Engrossed



  1  used, when authorized by appropriation or action of the

  2  Executive Office of the Governor pursuant to s.

  3  216.181(11)(10), for investigation, prosecution, and

  4  enforcement by that state attorney of civil or criminal causes

  5  of action arising under the provisions of the Florida RICO

  6  (Racketeer Influenced and Corrupt Organization) Act.

  7         Section 18.  Section 27.3451, Florida Statutes, is

  8  amended to read:

  9         27.3451  State Attorney's Forfeiture and Investigative

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

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

12  Attorney's Forfeiture and Investigative Support Trust Fund.

13  Revenues received by a state attorney as a result of

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

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

16  authorized by appropriation or action of the Executive Office

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

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

19  enforcement purposes.

20         Section 19.  Section 27.385, Florida Statutes, is

21  created to read:

22         27.385  Budget expenditures.--

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

24  27.34(2), a state attorney may expend appropriated state funds

25  for items that are enumerated in that subsection.

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

27  fiscal year, submit a report to the Legislative Budget

28  Commission showing the amount of state funds expended during

29  the previous fiscal year ending in June for the items

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

31  Commission shall prescribe the format of this report.


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    CS for SB 1784                                 First Engrossed



  1         Section 20.  Section 27.605, Florida Statutes, is

  2  created to read:

  3         27.605  Budget expenditures.--

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

  5  27.54(3), a public defender may expend appropriated state

  6  funds for items that are enumerated in that subsection.

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

  8  fiscal year, submit a report to the Legislative Budget

  9  Commission showing the amount of state funds expended during

10  the previous fiscal year ending in June for the items

11  enumerated in s. 27.54(3).

12         Section 21.  Section 45.062, Florida Statutes, is

13  amended to read:

14         45.062  Settlements, conditions, or orders when an

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

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

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

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

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

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

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

22  requires the expenditure of or the obligation to expend any

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

24  any new program, unless:

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

26  appropriation or program established by law; and

27         (b)  Prior written notification is given within 5

28  business days of the date the settlement or presettlement

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

30  Senate, the Speaker of the House of Representatives, the

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


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    CS for SB 1784                                 First Engrossed



  1  Such notification shall specify how the agency involved will

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

  3  appropriations.

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

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

  6  action.

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

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

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

10         (4)  State executive branch agencies and officers shall

11  report to each substantive and fiscal committee of the

12  Legislature having jurisdiction over the reporting agency on

13  all potential settlements which may commit the state to:

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

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

16

17  The state executive branch agency or officer shall provide

18  periodic updates to the appropriate legislative committees on

19  these issues during the settlement process.

20         Section 22.  Notwithstanding the provisions of section

21  10 of chapter 90-110, Laws of Florida, subsection (3) of

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

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

24         Section 23.  Section 284.385, Florida Statutes, is

25  amended to read:

26         284.385  Reporting and handling of claims.--All

27  departments covered by the State Risk Management Trust Fund

28  under this part shall immediately report all known or

29  potential claims to the Department of Insurance for handling,

30  except employment complaints which have not been filed with

31  the Florida Human Relations Commission, Equal Employment


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    CS for SB 1784                                 First Engrossed



  1  Opportunity Commission, or any similar agency. When deemed

  2  necessary, the Department of Insurance shall assign or

  3  reassign the claim to counsel.  The assigned counsel shall

  4  report regularly to the Department of Insurance or to the

  5  covered department on the status of any such claims or

  6  litigation as required by the Department of Insurance.  No

  7  such claim shall be compromised or settled for monetary

  8  compensation without the prior approval of the Department of

  9  Insurance and prior notification to the covered department.

10  All departments shall cooperate with the Department of

11  Insurance in its handling of claims.  The Department of

12  Insurance, the Department of Management Services, and the

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

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

15  system to coordinate the exchange of information concerning

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

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

18  The covered department shall have the responsibility for the

19  settlement of any claim for injunctive or affirmative relief

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

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

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

23  Risk Management Trust Fund.

24         Section 24.  Paragraph (b) of subsection (2) of section

25  376.15, Florida Statutes, is amended to read:

26         376.15  Derelict vessels; removal from public waters.--

27         (2)

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

29  grants to coastal local governments for the removal of

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

31  program shall be funded from the Florida Coastal Protection


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    CS for SB 1784                                 First Engrossed



  1  Trust Fund. Notwithstanding the provisions in s.

  2  216.181(11)(10), funds available for grants may only be

  3  authorized by appropriations acts of the Legislature.

  4         Section 25.  Section 215.98, Florida Statutes, is

  5  created to read:

  6         215.98  State debt fiscal responsibility.--

  7         (1)  It is the public policy of this state to encourage

  8  fiscal responsibility on matters pertaining to state debt.  In

  9  an effort to finance essential capital projects for the

10  benefit of residents at favorable interest rates, the state

11  must continue to maintain its excellent credit standing with

12  investors.  Authorizations of state debt must take into

13  account the ability of the state to meet its total debt

14  service requirements in light of other demands on the state's

15  fiscal resources.  The Legislature declares that it is the

16  policy of this state to exercise prudence in undertaking the

17  authorization and issuance of debt.  In order to implement

18  this policy, the Legislature desires to authorize the issuance

19  of additional state tax-supported debt only when such

20  authorization would not cause the ratio of debt service to

21  revenue available to pay debt service on tax-supported debt to

22  exceed 6 percent.  If the 6-percent target debt ratio will be

23  exceeded, the authorization of such additional debt must be

24  accompanied by a legislative statement of determination that

25  such authorization and issuance is in the best interest of the

26  state and should be implemented.  The Legislature shall not

27  authorize the issuance of additional state tax-supported debt

28  if such authorization would cause the designated benchmark

29  debt ratio of debt service to revenues available to pay debt

30  service to exceed 7 percent unless the Legislature determines

31


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    CS for SB 1784                                 First Engrossed



  1  that such additional debt is necessary to address a critical

  2  state emergency.

  3         (2)  The Division of Bond Finance shall conduct a debt

  4  affordability analysis each year.  Proposed capital projects

  5  that require funding by the issuance of additional state debt

  6  shall be evaluated on the basis of the analysis to assist the

  7  Governor and the Legislature in setting priorities among

  8  capital projects and related appropriations.

  9         (a)  The Division of Bond Finance shall annually

10  prepare a debt affordability report, to be presented to the

11  governing board of the Division of Bond Finance, the President

12  of the Senate, the Speaker of the House of Representatives,

13  and the chair of each appropriations committee by December 15

14  of each year, for purposes of providing a framework for the

15  Legislature to evaluate and establish priorities for bills

16  that propose the authorization of additional state debt during

17  the next budget year.

18         (b)  The report shall include, but not be limited to:

19         1.  A listing of state debt outstanding, other debt

20  secured by state revenues, and other contingent debt.

21         2.  An estimate of revenues available for the next 10

22  fiscal years to pay debt service, including general revenues

23  plus any revenues specifically pledged to pay debt service.

24         3.  An estimate of additional debt issuance for the

25  next 10 fiscal years for the state's existing borrowing

26  programs.

27         4.  A schedule of the annual debt service requirements,

28  including principal and interest allocation, on the

29  outstanding state debt and an estimate of the annual debt

30  service requirements on the debt included in subparagraph 3.

31  for each of the next 10 fiscal years.


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    CS for SB 1784                                 First Engrossed



  1         5.  An overview of the state's general obligation

  2  credit rating.

  3         6.  Identification and calculation of pertinent debt

  4  ratios, including, but not limited to, debt service to

  5  revenues available to pay debt service, debt to personal

  6  income, and debt per capita for the state's net tax-supported

  7  debt.

  8         7.  The estimated debt capacity available over the next

  9  10 fiscal years without the benchmark debt ratio of debt

10  service to revenue exceeding 6 percent.

11         8.  A comparison of the debt ratios prepared for

12  subparagraph 6., with the comparable debt ratios for the 10

13  most populous states.

14         (c)  The Division of Bond Finance shall prepare an

15  update of the report set forth above upon completion of the

16  revenue estimates prepared in connection with the legislative

17  session.

18         (d)  Any entity issuing debt secured by state revenues

19  shall provide the information necessary to prepare the debt

20  affordability report.

21         (3)  Failure to comply with this section shall not

22  affect the validity of any debt or the authorization of such

23  debt.

24         Section 26.  Subsection (6) is added to section 11.90,

25  Florida Statutes, to read:

26         11.90  Legislative Budgeting Commission.--

27         (6)  The commission shall have the power and duty to:

28         (a)  Annually review the amount of state debt

29  outstanding and submit to the President of the Senate and the

30  Speaker of the House of Representatives an estimate of the

31  maximum amount of additional state tax-supported debt that


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    CS for SB 1784                                 First Engrossed



  1  prudently may be authorized during the current fiscal year.

  2  The estimate shall be advisory and shall in no way bind the

  3  Legislature.

  4         (b)  Promptly after receiving the report required by s.

  5  215.98(2)(c), the commission shall submit to the President of

  6  the Senate and the Speaker of the House of Representatives the

  7  commission's estimate of tax-supported debt which prudently

  8  may be authorized for the next fiscal year, together with a

  9  report explaining the basis for the estimate.

10         Section 27.  This act shall take effect July 1, 2001.

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