House Bill hb1977
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    Florida House of Representatives - 2001                HB 1977
        By the Fiscal Responsibility Council and Representative
    Lacasa
  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 definitions of "operating capital outlay"
  5         and "state agency"; amending s. 216.013, F.S.;
  6         removing the requirement for the Executive
  7         Office of the Governor to consider certain
  8         findings relating to information technology in
  9         its review of long-range program plans of
10         executive agencies; requiring long-range
11         program plans to be consistent with legislation
12         implementing the General Appropriations Act;
13         amending s. 216.023, F.S.; revising
14         requirements of legislative budget requests
15         relating to the total number of positions and
16         to unit-cost data; requiring legislative budget
17         requests to include an inventory of litigation
18         requiring additional appropriations or changes
19         in the law; providing for update of such
20         inventory; amending s. 216.0446, F.S.;
21         correcting terminology; amending s. 216.081,
22         F.S.; revising provisions requiring submission
23         to the Governor of information on financial
24         needs for the next fiscal year to remove
25         applicability to the judicial branch; amending
26         s. 216.151, F.S.; adding the judicial branch to
27         entities the Executive Office of the Governor
28         is required to study for budgeting and
29         reorganizational purposes; amending s. 216.163,
30         F.S.; revising requirements for the Governor's
31         recommended budget to exclude recommendations
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  1         of the Chief Justice of the Supreme Court,
  2         require the Governor to make such
  3         recommendations, and include the legislative
  4         budget request of the judicial branch; amending
  5         s. 216.177, F.S.; revising the manner in which
  6         requests regarding legislative intent on the
  7         General Appropriations Act are to be made;
  8         revising requirements relating to notice of
  9         action on appropriations to be taken by the
10         Executive Office of the Governor or the Chief
11         Justice of the Supreme Court; deleting an
12         obsolete notice requirement; amending s.
13         216.181, F.S.; requiring budget amendments for
14         the judicial branch to be approved by the Chief
15         Justice of the Supreme Court and the
16         Legislative Budget Commission; authorizing the
17         Chief Justice to amend, without approval of the
18         Legislative Budget Commission, judicial branch
19         entity budgets to reflect transferred funds
20         based on the approved plans for lump-sum
21         appropriations; requiring approval of the
22         Legislative Budget Commission for certain
23         adjustments to approved salary rate; providing
24         circumstances under which lump-sum bonuses may
25         be provided; requiring quarterly reporting of
26         positions filled, positions vacant, and the
27         salary rate associated with each category;
28         granting the Legislative Budget Commission
29         authority to approve state trust fund
30         appropriations in excess of $1 million;
31         creating s. 216.1815, F.S.; providing for an
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  1         agency incentive and savings program; providing
  2         requirements; creating s. 216.1826, F.S.;
  3         providing for activity-based planning and
  4         budgeting; amending s. 216.192, F.S.;
  5         conforming provisions; amending s. 216.216,
  6         F.S.; providing restrictions on the expenditure
  7         of funds for court settlements negotiated by
  8         the state; amending s. 216.221, F.S.; providing
  9         requirements for the elimination of a deficit
10         in a trust fund; amending s. 216.292, F.S.;
11         conforming provisions; adding food products as
12         an allowable fund transfer category;
13         authorizing transfer of positions under certain
14         circumstances; authorizing transfers of
15         appropriations for operations from trust funds
16         in excess of certain amounts under certain
17         conditions; amending s. 11.90, F.S.;
18         establishing the chair and vice chair of the
19         Legislative Budget Commission each year;
20         eliminating the election of such officers;
21         amending ss. 27.345 and 27.3451, F.S.; revising
22         references, to conform; amending s. 45.062,
23         F.S.; requiring certain notification and
24         reporting with respect to executive branch
25         settlements; saving s. 215.20(3), F.S.,
26         relating to an additional trust fund service
27         charge, from scheduled repeal; amending s.
28         284.385, F.S.; requiring assigned counsel to
29         report to the covered department on the status
30         of casualty claims or litigation; prohibiting
31         compromise or settlement of a casualty claim
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  1         without prior notification to the covered
  2         department; amending s. 376.15, F.S.;
  3         correcting a cross reference; providing an
  4         effective date.
  5
  6  Be It Enacted by the Legislature of the State of Florida:
  7
  8         Section 1.  Paragraphs (bb) and (qq) of subsection (1)
  9  of section 216.011, Florida Statutes, are amended to read:
10         216.011  Definitions.--
11         (1)  For the purpose of fiscal affairs of the state,
12  appropriations acts, legislative budgets, and approved
13  budgets, each of the following terms has the meaning
14  indicated:
15         (bb)  "Operating capital outlay" means the
16  appropriation category used to fund equipment, fixtures, and
17  other tangible personal property of a nonconsumable and
18  nonexpendable nature, according up to the value or cost
19  specified in s. 273.02.
20         (qq)  "State agency" or "agency" means any official,
21  officer, commission, board, authority, council, committee, or
22  department of the executive branch of state government.  For
23  purposes of this chapter and chapter 215, "state agency" or
24  "agency" includes, but is not limited to, state attorneys,
25  public defenders, the capital collateral regional counsels,
26  the Justice Administrative Commission, The Florida Bar, the
27  Florida Board of Bar Examiners, the Florida Housing Finance
28  Corporation, and the Florida Public Service Commission;
29  however, for purposes of this chapter and chapter 215,
30  employees of The Florida Bar and the Florida Board of Bar
31  Examiners shall not be considered state employees. Solely for
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  1  the purposes of implementing s. 19(h), Art. III of the State
  2  Constitution, the terms "state agency" or "agency" include the
  3  judicial branch.
  4         Section 2.  Subsections (4) and (9) of section 216.013,
  5  Florida Statutes, are amended to read:
  6         216.013  Long-range program plan.--
  7         (4)  The Executive Office of the Governor shall review
  8  the long-range program plans for executive agencies to ensure
  9  that they are consistent with the state's goals and objectives
10  and other requirements as specified in the written
11  instructions and that they provide the framework and context
12  for the agency's budget request. In its review, the Executive
13  Office of the Governor shall consider the findings of the
14  Technology Review Workgroup as to the consistency of the
15  information technology portion of long-range program plans
16  with the State Annual Report on Information Resources
17  Management and statewide policies recommended by the State
18  Technology Council and the state's plan for facility needs
19  pursuant to s. 216.0158. Based on the results of the review,
20  the Executive Office of the Governor may require an agency to
21  revise the plan.
22         (9)  Agencies and the judicial branch shall make
23  appropriate adjustments to their long-range program plans to
24  be consistent with the appropriations and performance measures
25  in the General Appropriations Act and legislation implementing
26  the General Appropriations Act. Agencies and the judicial
27  branch have until June 15 to make adjustments to their plans
28  and submit the adjusted plans to the Executive Office of the
29  Governor for review.
30         Section 3.  Paragraphs (d) and (j) of subsection (4) of
31  section 216.023, Florida Statutes, are amended, subsections
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  1  (8) through (12) of said section are renumbered as subsections
  2  (9) through (13), respectively, and a new subsection (8) is
  3  added to said section, to read:
  4         216.023  Legislative budget requests to be furnished to
  5  Legislature by agencies.--
  6         (4)  The legislative budget request must contain for
  7  each program:
  8         (d)  The total number of positions (authorized, fixed,
  9  and or requested).
10         (j)  Unit costs for major activities for the budget
11  entities as defined in the General Appropriations Act. It is
12  the intent of the Legislature to use unit-cost data not only
13  as a budgeting tool but also as a policymaking tool and an
14  accountability tool. Therefore, each budget entity must also
15  submit a one-page summary of information related to itself,
16  subordinate entities, and contracting entities which includes:
17         1.  The budget for each entity;
18         2.  The total amount of revenue received or otherwise
19  passed through each entity;
20         3.  The line-item listings of major activities along
21  with total amounts spent for each major activity and unit
22  costs for each such activity; and
23         4.  The total amount of reversions or actual
24  pass-throughs without unit-cost data approved output measures
25  pursuant to s. 186.022.
26         (8)  As a part of the legislative budget request, the
27  head of each state agency shall include an inventory of all
28  litigation in which the agency is involved that may require
29  additional appropriations to the agency or amendments to the
30  law under which the agency operates.  No later than March 1
31  following the submission of the legislative budget request,
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  1  the head of the state agency shall provide an update of any
  2  additions or changes to the inventory.  Such inventory shall
  3  include information specified annually in the legislative
  4  budget instructions.
  5         Section 4.  Paragraph (a) of subsection (2) of section
  6  216.0446, Florida Statutes, is amended to read:
  7         216.0446  Review of information resources management
  8  needs.--
  9         (2)  In addition to its primary duty specified in
10  subsection (1), the Technology Review Workgroup shall have
11  powers and duties that include, but are not limited to, the
12  following:
13         (a)  To evaluate the information resource management
14  needs identified in the agency long-range program plans for
15  consistency with the State Annual Report on Information
16  Resources Management and statewide policies recommended by the
17  State Technology Office Council, and make recommendations to
18  the chairs of the legislative appropriations committees.
19         Section 5.  Section 216.081, Florida Statutes, is
20  amended to read:
21         216.081  Data on legislative and judicial branch
22  expenses.--
23         (1)  In sufficient time to be included in the
24  Governor's recommended budget, estimates of the financial
25  needs of the legislative branch and the judicial branch during
26  the ensuing fiscal year shall be furnished to the Governor
27  pursuant to chapter 11.
28         (2)  All of the data relative to the legislative branch
29  and to the judicial branch shall be for information and
30  guidance in estimating the total financial needs of the state
31  for the ensuing fiscal year; none of these estimates shall be
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  1  subject to revision or review by the Governor, and they must
  2  be included in the Governor's recommended budget.
  3         Section 6.  Subsection (1) of section 216.151, Florida
  4  Statutes, is amended to read:
  5         216.151  Duties of the Executive Office of the
  6  Governor.--It shall be the duty of the Executive Office of the
  7  Governor to:
  8         (1)  Make a detailed study, as necessary, of each of
  9  the several state agencies and the judicial branch, with a
10  view toward ascertaining and determining the needs thereof;
11  whether changes should be made in existing organizations,
12  their activities and methods of operation; what appropriation
13  should be made therefor; whether the operations and activities
14  of different agencies or within the same agencies should be
15  combined, consolidated, or integrated or should be regrouped
16  and rearranged, all to the end of securing greater economy
17  without sacrificing efficiency in the operations of such
18  agencies. In order to accomplish this type of study, the
19  Executive Office of the Governor may request any or all
20  agencies and the judicial branch to submit a budget plan with
21  respect to targets established by the Governor.  Such a
22  request shall not influence the independent judgments of the
23  agencies or the Chief Justice agencies' independent judgments
24  in making legislative budget requests, as required by law.
25         Section 7.  Subsection (2) of section 216.163, Florida
26  Statutes, is amended to read:
27         216.163  Governor's recommended budget; form and
28  content; declaration of collective bargaining impasses.--
29         (2)  The Governor's recommended budget shall also
30  include:
31
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  1         (a)  The Governor's recommendations for operating each
  2  state agency, and those of the Chief Justice of the Supreme
  3  Court for operating the judicial branch, for the next fiscal
  4  year.  These recommendations shall be displayed by
  5  appropriation category within each budget entity and shall
  6  also include the legislative budget request of the
  7  corresponding agency.
  8         (b)1.  The Governor's recommendations and those of the
  9  Chief Justice for fixed capital outlay appropriations for the
10  next fiscal year. These recommendations shall be displayed by
11  budget entity and shall also include the legislative budget
12  request of the corresponding agency and the judicial branch.
13         2.  For each specific fixed capital outlay project or
14  group of projects or operating capital outlay requests
15  recommended to be funded from a proposed state debt or
16  obligation, he or she shall make available pursuant to s.
17  216.164(1)(a) the documents set forth in s. 216.0442(2).
18         (c)  The evaluation of the fixed capital outlay request
19  of each agency and the judicial branch and alternatives to the
20  proposed projects as made by the Department of Management
21  Services pursuant to s. 216.044.
22         (d)  A summary statement of the amount of
23  appropriations requested by each state agency and the judicial
24  branch and as recommended by the Governor and by the judicial
25  branch.
26         (e)  A distinct listing of all nonrecurring
27  appropriations recommended by the Governor or the Chief
28  Justice.
29         (f)  The Governor's recommendations for critical
30  information resource management projects which should be
31  subject to special monitoring under s. 282.322. These
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  1  recommendations shall include proviso language which specifies
  2  whether funds are specifically provided to contract for
  3  project monitoring, or whether the Auditor General will
  4  conduct such project monitoring. When funds are recommended
  5  for contracting with a project monitor, such funds may equal 1
  6  percent to 5 percent of the project's estimated total costs.
  7  These funds shall be specifically appropriated and
  8  nonrecurring.
  9         (g)  Any additional information which the Governor or
10  Chief Justice feels is needed to justify his or her
11  recommendations.
12         Section 8.  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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  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 Legislature addresses the issue.  The
  9  written documentation shall indicate the specific reasons that
10  an action or proposed action exceeds the delegated authority
11  or is contrary to legislative policy and intent.
12         (c)  The House of Representatives and the Senate shall
13  provide by rule that any member of the House of
14  Representatives or Senate may request, in writing, of either
15  the President of the Senate or the Speaker of the House of
16  Representatives or the chair of the Legislative Budget
17  Commission to initiate the procedures of paragraph (b).
18         (3)  The Legislature may annually specify any
19  incentives and disincentives for agencies operating programs
20  under performance-based program budgets pursuant to this
21  chapter in the General Appropriations Act or legislation
22  implementing the General Appropriations Act.
23         (4)  Notwithstanding the 14-day notice requirements of
24  this section, and for the 2000-2001 fiscal year only, the
25  Department of Children and Family Services is required to
26  provide notice of proposed transfers submitted pursuant to s.
27  20.19(10)(c)8. to the Executive Office of the Governor and the
28  chairs of the legislative appropriations committees at least 3
29  working days prior to their implementation.
30         Section 9.  Subsections (1), (2), (6), (10), and (11)
31  of section 216.181, Florida Statutes, are amended to read:
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  1         216.181  Approved budgets for operations and fixed
  2  capital outlay.--
  3         (1)  The General Appropriations Act and any other acts
  4  containing appropriations shall be considered the original
  5  approved operating budgets for operational and fixed capital
  6  expenditures. Amendments to the approved operating budgets for
  7  operational and fixed capital outlay expenditures from state
  8  agencies may be requested only through the Executive Office of
  9  the Governor and approved by the Governor and the Legislative
10  Budget Commission as provided in this chapter. Amendments from
11  the judicial branch may be requested only through, and
12  approved by, the Chief Justice of the Supreme Court and
13  approved by the Chief Justice and the Legislative Budget
14  Commission as provided in this chapter.  This includes
15  amendments which are necessary to implement the provisions of
16  s. 216.212 or s. 216.221.
17         (2)  Amendments to the original approved operating
18  budgets for operational and fixed capital outlay expenditures
19  must comply with the following guidelines in order to be
20  approved by the Governor and the Legislative Budget Commission
21  as provided in this chapter for the executive branch and the
22  Chief Justice and the Legislative Budget Commission as
23  provided in this chapter for the judicial branch:
24         (a)  The amendment must be consistent with legislative
25  policy and intent.
26         (b)  The amendment may not initiate or commence a new
27  program, except as authorized by this chapter, or eliminate an
28  existing program.
29         (c)  Except as authorized in s. 216.292 or other
30  provisions of this chapter, the amendment may not provide
31  funding or increased funding for items which were funded by
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  1  the Legislature in an amount less than that requested by the
  2  agency or Governor in the legislative budget request or which
  3  were vetoed by the Governor.
  4         (d)  For amendments that involve trust funds, there
  5  must be adequate and appropriate revenues available in the
  6  trust fund and the amendment must be consistent with the laws
  7  authorizing such trust funds and the laws relating to the use
  8  of the trust funds. However, a trust fund shall not be
  9  increased in excess of the original approved budget, except as
10  provided in subsection (11).
11         (e)  The amendment shall not conflict with any
12  provision of law.
13         (f)  The amendment must not provide funding for any
14  issue which was requested by the agency or branch in its
15  legislative budget request and not funded in the General
16  Appropriations Act.
17         (g)  The amendment must include a written description
18  of the purpose of the proposed change, an indication of why
19  interim budget action is necessary, and the intended recipient
20  of any funds for contracted services.
21         (h)  The amendment must not provide general salary
22  increases which the Legislature has not authorized in the
23  General Appropriations Act or other laws.
24         (6)(a)  The Executive Office of the Governor or the
25  Chief Justice of the Supreme Court may require the submission
26  of a detailed plan from the agency or entity of the judicial
27  branch affected, consistent with the General Appropriations
28  Act, special appropriations acts, and the statement of intent
29  before transferring and releasing the balance of a lump-sum
30  appropriation. The provisions of this paragraph are subject to
31  the notice and review procedures set forth in s. 216.177.
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  1         (b)  The Executive Office of the Governor and the Chief
  2  Justice of the Supreme Court may amend, without approval of
  3  the Legislative Budget Commission, state agency and judicial
  4  branch entity budgets, respectively, to reflect the
  5  transferred funds based on the approved plans for lump-sum
  6  appropriations.
  7
  8  The Executive Office of the Governor shall transmit to each
  9  state agency and the Comptroller, and the Chief Justice shall
10  transmit to each judicial branch component and the
11  Comptroller, any approved amendments to the approved operating
12  budgets.
13         (10)(a)  The Executive Office of the Governor and the
14  Chief Justice of the Supreme Court may increase or decrease
15  the approved salary rate for positions for the purpose of
16  implementing the General Appropriations Act, special
17  appropriations acts, and actions pursuant to s. 216.262
18  consistent with legislative intent and policy. Other
19  adjustments to approved salary rate must be approved by the
20  Legislative Budget Commission pursuant to the request of the
21  agency filed with the Executive Office of the Governor or
22  pursuant to the request of an entity of the judicial branch
23  filed with the Chief Justice of the Supreme Court, if deemed
24  necessary and in the best interest of the state and consistent
25  with legislative policy and intent. The provisions of this
26  paragraph are subject to the notice and review procedures set
27  forth in s. 216.177.
28         (b)  Lump-sum salary bonuses may be provided only if
29  specifically appropriated or provided pursuant to s. 216.1815
30  or s. 110.1245.
31
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  1         (c)  State agencies and the judicial branch shall
  2  report, each fiscal quarter, the number of filled positions,
  3  the number of vacant positions, and the salary rate associated
  4  with each category to the Legislative Budget Commission in a
  5  form and manner prescribed by the commission.
  6         (11)  The Executive Office of the Governor may approve
  7  transfers of appropriations in the General Appropriations Act
  8  within any state trust fund of an agency, and the Chief
  9  Justice of the Supreme Court may approve such transfers for
10  the judicial branch. The Executive Office of the Governor and
11  the Chief Justice of the Supreme Court may approve changes in
12  the amounts appropriated from state trust funds in excess of
13  those in the approved operating budget up to $1 million only
14  pursuant to the federal funds provisions of s. 216.212, when
15  grants and donations are received after April 1, or when
16  deemed necessary due to a set of conditions that were
17  unforeseen at the time the General Appropriations Act was
18  adopted and that are essential to correct in order to continue
19  the operation of government. Changes in the amounts
20  appropriated from state trust funds in excess of those in the
21  approved operating budget which are in excess of $1 million
22  may only be approved by the Legislative Budget Commission
23  pursuant to the request of a state agency filed with the
24  Executive Office of the Governor or pursuant to the request of
25  an entity of the judicial branch filed with the Chief Justice
26  of the Supreme Court. The provisions of this subsection are
27  subject to the notice, review, and objection procedures set
28  forth in s. 216.177.
29         Section 10.  Section 216.1815, Florida Statutes, is
30  created to read:
31         216.1815  Agency incentive and savings program.--
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  1         (1)  In order to provide an incentive for agencies to
  2  re-engineer business processes and otherwise increase
  3  operating efficiency, it is the intent of the Legislature to
  4  allow agencies to retain a portion of the savings produced by
  5  internally generated agency program efficiencies and cost
  6  reductions.
  7         (2)  To be eligible to retain funds, an agency must
  8  submit a plan and an associated request to amend its approved
  9  operating budget to the Legislative Budget Commission
10  specifying:
11         (a)  The modifications to approved programs resulting
12  in efficiencies and cost savings;
13         (b)  The amount and source of the funds and positions
14  saved;
15         (c)  The specific positions, rate, amounts, and sources
16  of funds the agency wishes to include in its incentive
17  expenditures;
18         (d)  How the agency will meet the goals and objectives
19  established in its long-range program plan;
20         (e)  How the agency will meet performance standards
21  established by the Legislature and those in its long-range
22  program plan; and
23         (f)  Any other incentive expenditures which the agency
24  believes will enhance its performance.
25         (3)  Notwithstanding the 14-day notice requirement
26  contained in s. 216.177(2)(a), all plans and budget amendments
27  submitted to the Legislative Budget Commission pursuant to
28  this section shall be delivered at least 30 days prior to the
29  date of the commission meeting at which the request will be
30  considered.
31
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  1         (4)  In determining the amount the agency will be
  2  allowed to retain, the commission shall consider the actual
  3  savings projected for the current budget year and the
  4  annualized savings.
  5         (5)  The amount to be retained by the agency shall be
  6  no less than 5 percent and no more than 25 percent of the
  7  annual savings and may be used by the agency for salary
  8  increases or other expenditures specified in the agency's
  9  plan.
10         (6)  Each agency allowed to retain funds pursuant to
11  this section shall submit in its next legislative budget
12  request a schedule showing how the agency utilized such funds.
13         Section 11.  Section 216.1826, Florida Statutes, is
14  created to read:
15         216.1826  Activity-based planning and
16  budgeting.--Agencies are directed to work in consultation with
17  the Executive Office of the Governor and the appropriations
18  and appropriate substantive committees of the Legislature to
19  identify and reach consensus on the appropriate services and
20  activities for activity-based budgeting.  It is the intent of
21  the Legislature that all dollars within an agency be allocated
22  to the appropriate activity for budgeting purposes.
23  Additionally, agencies shall examine approved performance
24  measures and recommend any changes so that outcomes are
25  clearly delineated for each service or program, as
26  appropriate, and outputs are aligned with activities.  Output
27  measures should be capable of being used to generate a unit
28  cost for each activity resulting in a true accounting of what
29  the state should spend on each activity it provides and what
30  the state should expect to accomplish with those funds.
31
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  1         Section 12.  Subsection (1) of section 216.192, Florida
  2  Statutes, is amended to read:
  3         216.192  Release of appropriations; revision of
  4  budgets.--
  5         (1)  Unless otherwise provided in the General
  6  Appropriations Act, on July 1 of each fiscal year, up to 25
  7  percent of the original approved operating budget of each
  8  agency and of the judicial branch may be released until such
  9  time as annual plans for quarterly releases for all
10  appropriations have been developed, approved, and furnished to
11  the Comptroller by the Executive Office of the Governor for
12  state agencies and by the Chief Justice of the Supreme Court
13  for the judicial branch.  The plans, including appropriate
14  plans of releases for fixed capital outlay projects that
15  correspond with each project schedule, shall attempt to
16  maximize the use of trust funds and shall be transmitted to
17  the Comptroller by August 1 of each fiscal year. Such releases
18  shall at no time exceed the total appropriations available to
19  a state agency or to the judicial branch, or the approved
20  budget for such agency or the judicial branch if less. The
21  Comptroller shall enter such releases in his or her records in
22  accordance with the release plans prescribed by the Executive
23  Office of the Governor and the Chief Justice, unless otherwise
24  amended as provided by law.  The Executive Office of the
25  Governor and the Chief Justice shall transmit a copy of the
26  approved annual releases to the head of the state agency, the
27  chair and vice chair of the Legislative Budget Commission, the
28  chairs of the legislative appropriations committees, and the
29  Auditor General. The Comptroller shall authorize all
30  expenditures to be made from the appropriations on the basis
31  of such releases and in accordance with the approved budget,
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  1  and not otherwise. Expenditures shall be authorized only in
  2  accordance with legislative authorizations. Nothing herein
  3  precludes periodic reexamination and revision by the Executive
  4  Office of the Governor or by the Chief Justice of the annual
  5  plans for release of appropriations and the notifications of
  6  the parties of all such revisions.
  7         Section 13.  Section 216.216, Florida Statutes, is
  8  amended to read:
  9         216.216  Court settlement funds negotiated by the
10  state.--In any court settlement in which a state agency or
11  officer or any other counsel representing the interests of the
12  state negotiates settlement amounts to be expended by on any
13  state operational or fixed capital issue in the judicial
14  branch or the executive branch, such funds may not be expended
15  unless the Legislature has appropriated funds to the agency in
16  the appropriate category or the Legislative Budget Commission
17  has approved a budget amendment for such funds. In either
18  instance, the funding source identified must be sufficient to
19  cover both the anticipated program costs and the amount of the
20  settlement, the settlement must not be contrary to the intent
21  of the Legislature, and, if the settlement amount is
22  substantial, good reason must exist for entering into the
23  settlement prior to the next legislative session and no
24  significant amount of recurring funding shall be committed
25  appropriated by the Legislature to the appropriate agency
26  responsible for the operational or fixed capital issue. When a
27  state agency or officer settles an action in which the state
28  will receive moneys, the funds shall be placed in the General
29  Revenue Fund or in the trust fund that is associated with the
30  agency's or officer's authority to pursue the legal action.
31
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  1  The provisions of this section are subject to the notice and
  2  review procedures set forth in s. 216.177.
  3         Section 14.  Subsection (10) of section 216.221,
  4  Florida Statutes, is renumbered as subsection (11), and a new
  5  subsection (10) is added to said section to read:
  6         216.221  Appropriations as maximum appropriations;
  7  adjustment of budgets to avoid or eliminate deficits.--
  8         (10)  When advised by the Revenue Estimating
  9  Conference, the Comptroller, or any agency responsible for a
10  trust fund that a deficit will occur with respect to the
11  appropriations from a specific trust fund in the current
12  fiscal year, the Governor for the executive branch, or the
13  Chief Justice for the judicial branch, shall develop a plan of
14  action to eliminate the deficit. Before implementing the plan
15  of action, the Governor or the Chief Justice must comply with
16  the provisions of s. 216.177(2). In developing the plan of
17  action, the Governor or the Chief Justice shall, to the extent
18  possible, preserve legislative policy and intent, and, absent
19  any specific directions to the contrary in the General
20  Appropriations Act, any reductions in appropriations from the
21  trust fund for the fiscal year shall be prorated among the
22  specific appropriations made from the trust fund for the
23  current fiscal year.
24         Section 15.  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 16.  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 17.  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 18.  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 19.  Section 45.062, Florida Statutes, is
30  amended to read:
31
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  1         45.062  Settlements, conditions, or orders when an
  2  agency of the executive branch is a party.--
  3         (1)  In any civil action in which a state executive
  4  branch agency or officer is a party in state or federal court,
  5  the officer, agent, official, or attorney who represents or is
  6  acting on behalf of such agency or officer may not settle such
  7  action, consent to any condition, or agree to any order in
  8  connection therewith, if the settlement, condition, or order
  9  requires the expenditure of or the obligation to expend any
10  state funds or other state resources, or the establishment of
11  any new program, unless:
12         (a)  The expenditure is provided for by an existing
13  appropriation or program established by law; and
14         (b)  Prior written notification is given within 5
15  business days of the date the settlement or presettlement
16  agreement or order is to be made final to the President of the
17  Senate, the Speaker of the House of Representatives, the
18  Senate and House minority leaders, and the Attorney General.
19  Such notification shall specify how the agency involved will
20  address the costs in future years within the limits of current
21  appropriations.
22         (2)  The state executive branch agency or officer shall
23  negotiate a closure date as soon as possible for the civil
24  action.
25         (3)  The state executive branch agency or officer may
26  not pledge any current or future action of another branch of
27  state government as a condition for settling the civil action.
28         (4)  State executive branch agencies and officers shall
29  report to each substantive and fiscal committee of the
30  Legislature having jurisdiction over the reporting agency on
31  all potential settlements which may commit the state to:
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  1         (a)  Spend in excess of current appropriations; or
  2         (b)  Make policy changes inconsistent with current law.
  3
  4  The state executive branch agency or officer shall provide
  5  periodic updates to the appropriate legislative committees on
  6  these issues during the settlement process.
  7         Section 20.  Notwithstanding the provisions of section
  8  10 of chapter 90-110, Laws of Florida, subsection (3) of
  9  section 215.20, Florida Statutes, shall not stand repealed on
10  October 1, 2001, and shall continue in full force and effect.
11         Section 21.  Section 284.385, Florida Statutes, is
12  amended to read:
13         284.385  Reporting and handling of claims.--All
14  departments covered by the State Risk Management Trust Fund
15  under this part shall immediately report all known or
16  potential claims to the Department of Insurance for handling,
17  except employment complaints which have not been filed with
18  the Florida Human Relations Commission, Equal Employment
19  Opportunity Commission, or any similar agency. When deemed
20  necessary, the Department of Insurance shall assign or
21  reassign the claim to counsel.  The assigned counsel shall
22  report regularly to the Department of Insurance or to the
23  covered department on the status of any such claims or
24  litigation as required by the Department of Insurance.  No
25  such claim shall be compromised or settled for monetary
26  compensation without the prior approval of the Department of
27  Insurance and prior notification to the covered department.
28  All departments shall cooperate with the Department of
29  Insurance in its handling of claims.  The Department of
30  Insurance, the Department of Management Services, and the
31  Department of Banking and Finance, with the cooperation of the
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  1  state attorneys and the clerks of the courts, shall develop a
  2  system to coordinate the exchange of information concerning
  3  claims for and against the state, its agencies, and its
  4  subdivisions, to assist in collection of amounts due to them.
  5  The covered department shall have the responsibility for the
  6  settlement of any claim for injunctive or affirmative relief
  7  under 42 U.S.C. s. 1983 or similar federal or state statutes.
  8  The payment of a settlement or judgment for any claim covered
  9  and reported under this part shall be made only from the State
10  Risk Management Trust Fund.
11         Section 22.  Paragraph (b) of subsection (2) of section
12  376.15, Florida Statutes, is amended to read:
13         376.15  Derelict vessels; removal from public waters.--
14         (2)
15         (b)  The commission may establish a program to provide
16  grants to coastal local governments for the removal of
17  derelict vessels from the public waters of the state.  The
18  program shall be funded from the Florida Coastal Protection
19  Trust Fund. Notwithstanding the provisions in s.
20  216.181(11)(10), funds available for grants may only be
21  authorized by appropriations acts of the Legislature.
22         Section 23.  This act shall take effect July 1, 2001.
23
24
25
26
27
28
29
30
31
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  1            *****************************************
  2                          HOUSE SUMMARY
  3
      Revises various provisions of law relating to state
  4    planning and budgeting.  Modifies the definitions of
      "operating capital outlay" and "state agency." Removes
  5    the requirement for the Executive Office of the Governor
      to consider certain findings relating to information
  6    technology in its review of long-range program plans of
      executive agencies.  Requires long-range program plans to
  7    be consistent with legislation implementing the General
      Appropriations Act.  Revises requirements of legislative
  8    budget requests relating to the total number of positions
      and to unit-cost data.  Requires legislative budget
  9    requests to include an inventory of litigation requiring
      additional appropriations or changes in the law and
10    provides for update of such inventory.  Revises
      provisions requiring submission to the Governor of
11    information on financial needs for the next fiscal year
      to remove applicability to the judicial branch.  Adds the
12    judicial branch to entities the Executive Office of the
      Governor is required to study for budgeting and
13    reorganizational purposes.  Revises requirements for the
      Governor's recommended budget to exclude recommendations
14    of the Chief Justice of the Supreme Court, require the
      Governor to make such recommendations, and include the
15    legislative budget request of the judicial branch.
      Revises the manner in which requests regarding
16    legislative intent on the General Appropriations Act are
      to be made.  Revises requirements relating to notice of
17    action on appropriations to be taken by the Executive
      Office of the Governor or the Chief Justice of the
18    Supreme Court.  Deletes an obsolete notice requirement.
      Requires budget amendments for the judicial branch to be
19    approved by the Chief Justice of the Supreme Court and
      the Legislative Budget Commission.  Authorizes the Chief
20    Justice to amend, without approval of the Legislative
      Budget Commission, judicial branch entity budgets to
21    reflect transferred funds based on the approved plans for
      lump-sum appropriations.  Requires approval of the
22    Legislative Budget Commission for certain adjustments to
      approved salary rate. Provides circumstances under which
23    lump-sum bonuses may be provided. Requires quarterly
      reporting of positions filled, positions vacant, and the
24    salary rate associated with each category.  Grants the
      Legislative Budget Commission authority to approve state
25    trust fund appropriations in excess of $1 million.
      Provides for an agency incentive and savings program.
26    Provides for activity-based planning and budgeting.
      Provides restrictions on the expenditure of funds for
27    court settlements negotiated by the state.  Provides
      requirements for the elimination of a deficit in a trust
28    fund.  Adds food products as an allowable fund transfer
      category.  Authorizes transfer of positions under certain
29    circumstances. Authorizes transfers of appropriations for
      operations from trust funds in excess of certain amounts
30    under certain conditions. Establishes the chair and vice
      chair of the Legislative Budget Commission each year and
31    eliminates the election of such officers.  Requires
      certain notification and reporting with respect to
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  1    executive branch settlements.  Saves the 0.3 percent
      service charge deducted from designated trust funds from
  2    scheduled repeal.  Requires assigned counsel to report to
      the covered department on the status of casualty claims
  3    or litigation.  Prohibits compromise or settlement of a
      casualty claim without prior notification to the covered
  4    department.  See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.