| 1 | A bill to be entitled |
| 2 | An act relating to state planning and budgeting; amending |
| 3 | s. 11.90, F.S.; revising membership provisions of the |
| 4 | Legislative Budget Commission; providing for the |
| 5 | appointment of presiding officers; revising requirements |
| 6 | for meetings and a quorum; revising requirements for |
| 7 | appointing the staff of the commission; requiring the |
| 8 | commission to review budget amendments proposed by the |
| 9 | Governor or Chief Justice; requiring the commission to |
| 10 | develop a long-range financial outlook; requiring the |
| 11 | commission to perform other duties prescribed by the |
| 12 | Legislature; creating s. 11.91, F.S.; creating the |
| 13 | Government Efficiency Task Force; providing for |
| 14 | appointment of its members; requiring that the task force |
| 15 | meet at specified intervals; authorizing the task force to |
| 16 | conduct meetings through teleconferences or similar means; |
| 17 | providing for members to be reimbursed for per diem and |
| 18 | travel expenses; requiring the task force to complete its |
| 19 | work within 1 year and report to the Legislative Budget |
| 20 | Commission, the Governor, and the Chief Justice of the |
| 21 | Supreme Court; amending s. 29.0095, F.S.; requiring the |
| 22 | legislative appropriations committees to prescribe the |
| 23 | format of budget expenditure reports; amending s. |
| 24 | 110.1245, F.S., relating to the savings sharing program; |
| 25 | correcting a reference; amending s. 216.011, F.S.; |
| 26 | revising and providing definitions; creating s. 216.012, |
| 27 | F.S.; providing requirements for the long-range financial |
| 28 | outlook prepared by the commission; requiring state |
| 29 | agencies to provide certain information; specifying |
| 30 | timeframes for state agencies and the commission in |
| 31 | developing and completing the long-range financial |
| 32 | outlook; amending s. 216.023, F.S.; clarifying certain |
| 33 | requirements for legislative budget instructions; amending |
| 34 | s. 216.065, F.S.; revising provisions relating to certain |
| 35 | fiscal impact statements; requiring fiscal impact |
| 36 | statements to be provided to the Legislative Budget |
| 37 | Commission in addition to the legislative appropriations |
| 38 | committees; requiring that such statements contain |
| 39 | information concerning subsequent fiscal years; amending |
| 40 | s. 216.162, F.S.; revising the date for the Governor's |
| 41 | recommended budget to be furnished to the Legislature; |
| 42 | removing a provision authorizing the presiding officers of |
| 43 | the Legislature to approve submission of the Governor's |
| 44 | recommended budget at a later date than otherwise |
| 45 | required; amending s. 216.262, F.S., relating to the |
| 46 | transfer of positions; correcting a reference; providing a |
| 47 | contingent effective date. |
| 48 |
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| 49 | Be It Enacted by the Legislature of the State of Florida: |
| 50 |
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| 51 | Section 1. Section 11.90, Florida Statutes, is amended to |
| 52 | read: |
| 53 | 11.90 Legislative Budget Commission.-- |
| 54 | (1) There is created the Legislative Budget Commission, |
| 55 | which is the joint Legislative Budget Commission created in s. |
| 56 | 19, Art. III of the State Constitution, composed of seven |
| 57 | members of the Senate appointed by the President of the Senate |
| 58 | and seven members of the House of Representatives appointed by |
| 59 | the Speaker of the House of Representatives. Each member shall |
| 60 | serve at the pleasure of the officer who appointed the member. A |
| 61 | vacancy on the commission shall be filled in the same manner as |
| 62 | the original appointment. From November of each odd-numbered |
| 63 | year through October of each even-numbered year, the chair of |
| 64 | the commission shall be appointed by the President of the Senate |
| 65 | and the vice chair of the commission shall be appointed by the |
| 66 | Speaker of the House of Representatives. From November of each |
| 67 | even-numbered year through October of each odd-numbered year, |
| 68 | the chair of the commission shall be appointed the Speaker of |
| 69 | the House of Representatives and the vice chair of the |
| 70 | commission shall be appointed by the President of the Senate |
| 71 | There is created a standing joint committee of the Legislature |
| 72 | designated the Legislative Budget Commission, composed of 14 |
| 73 | members as follows: seven members of the Senate appointed by the |
| 74 | President of the Senate, to include the chair of the Senate |
| 75 | Budget Committee or its successor, and seven members of the |
| 76 | House of Representatives appointed by the Speaker of the House |
| 77 | of Representatives, to include the chair of the Fiscal |
| 78 | Responsibility Council or its successor. The terms of members |
| 79 | shall be for 2 years and shall run from the organization of one |
| 80 | Legislature to the organization of the next Legislature. |
| 81 | Vacancies occurring during the interim period shall be filled in |
| 82 | the same manner as the original appointment. During even- |
| 83 | numbered years, the chair of the commission shall be the chair |
| 84 | of the Senate Budget Committee or its successor, and the vice |
| 85 | chair of the commission shall be the chair of the House Fiscal |
| 86 | Responsibility Council or its successor. During odd-numbered |
| 87 | years, the chair of the commission shall be the chair of the |
| 88 | House Fiscal Responsibility Council or its successor, and the |
| 89 | vice chair of the commission shall be the chair of the Senate |
| 90 | Budget Committee or its successor. |
| 91 | (2) The Legislative Budget Commission shall be governed by |
| 92 | joint rules of the Senate and the House of Representatives which |
| 93 | shall remain in effect until repealed or amended by concurrent |
| 94 | resolution. |
| 95 | (3) The commission shall convene at the call of the |
| 96 | President of the Senate and the Speaker of the House of |
| 97 | Representatives at least quarterly. A majority of the commission |
| 98 | members of each house plus one additional member from either |
| 99 | house constitutes a quorum. The commission shall meet at least |
| 100 | quarterly and more frequently at the direction of the presiding |
| 101 | officers or upon call of the chair. A quorum shall consist of a |
| 102 | majority of members from each house, plus one additional member |
| 103 | from either house. Action by the commission requires a majority |
| 104 | vote of the members present of each house. |
| 105 | (4) The commission may conduct its meetings through |
| 106 | teleconferences or other similar means. |
| 107 | (5) The commission shall be staffed by legislative staff |
| 108 | members, as assigned by the President of the Senate and the |
| 109 | Speaker of the House of Representatives. The commission will be |
| 110 | jointly staffed by the appropriations committees of the House of |
| 111 | Representatives and the Senate. During even-numbered years, the |
| 112 | Senate will serve as lead staff, and during odd-numbered years, |
| 113 | the House of Representatives will serve as lead staff. |
| 114 | (6) The commission shall have the power and duty to: |
| 115 | (a) Review and approve or disapprove budget amendments |
| 116 | proposed by the Governor or the Chief Justice of the Supreme |
| 117 | Court as provided in chapter 216 Annually review the amount of |
| 118 | state debt outstanding and submit to the President of the Senate |
| 119 | and the Speaker of the House of Representatives an estimate of |
| 120 | the maximum amount of additional state tax-supported debt that |
| 121 | prudently may be authorized during the current fiscal year. The |
| 122 | estimate shall be advisory and shall in no way bind the |
| 123 | Legislature. |
| 124 | (b) Develop the long-range financial outlook described in |
| 125 | s. 19, Art. III of the State Constitution Promptly after |
| 126 | receiving the report required by s. 215.98(2)(c), the commission |
| 127 | shall submit to the President of the Senate and the Speaker of |
| 128 | the House of Representatives the commission's estimate of tax- |
| 129 | supported debt which prudently may be authorized for the next |
| 130 | fiscal year, together with a report explaining the basis for the |
| 131 | estimate. |
| 132 |
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| 133 | In addition to the powers and duties specified in this section, |
| 134 | the commission shall exercise all other powers and perform any |
| 135 | other duties prescribed by the Legislature. |
| 136 | (7) The commission shall review information resources |
| 137 | management needs identified in agency long-range program plans |
| 138 | for consistency with the State Annual Report on Enterprise |
| 139 | Resource Planning and Management and statewide policies adopted |
| 140 | by the State Technology Office. The commission shall also review |
| 141 | proposed budget amendments associated with information |
| 142 | technology that involve more than one agency, that have an |
| 143 | outcome that impacts another agency, or that exceed $500,000 in |
| 144 | total cost over a 1-year period. |
| 145 | Section 2. Section 11.91, Florida Statutes, is created to |
| 146 | read: |
| 147 | 11.91 Government Efficiency Task Force.-- |
| 148 | (1) There is created the Government Efficiency Task Force. |
| 149 | The task force shall convene no later than January of 2007, and |
| 150 | each fourth year thereafter. The task force shall be composed of |
| 151 | 13 members. Five members shall be appointed by the President of |
| 152 | the Senate, five members shall be appointed by the Speaker of |
| 153 | the House of Representatives, and three members shall be |
| 154 | appointed by the Governor. Members of the task force may include |
| 155 | representatives from the private sector, as designated by the |
| 156 | President of the Senate, the Speaker of the House of |
| 157 | Representatives, and the Governor. Each member shall serve at |
| 158 | the pleasure of the officer who appointed the member. A vacancy |
| 159 | on the task force shall be filled in the same manner as the |
| 160 | original appointment. The terms of the members shall be for 1 |
| 161 | year. |
| 162 | (2) The task force shall elect a chair from among its |
| 163 | members. |
| 164 | (3) The task force shall meet as necessary, but at least |
| 165 | quarterly, at the call of the chair and at the time and place |
| 166 | designated by the chair. The task force may conduct its meetings |
| 167 | through teleconferences or other similar means. |
| 168 | (4) Members of the task force are entitled to receive |
| 169 | reimbursement for per diem and travel expenses pursuant to s. |
| 170 | 112.061. |
| 171 | (5) The task force shall develop recommendations for |
| 172 | improving governmental operations and reducing costs. Staff to |
| 173 | assist the task force in performing its duties shall be assigned |
| 174 | by the President of the Senate and the Speaker of the House of |
| 175 | Representatives. |
| 176 | (6) The task force shall complete its work within 1 year |
| 177 | and submit its recommendations to the chair and vice chair of |
| 178 | the Legislative Budget Commission, the Governor, and the Chief |
| 179 | Justice of the Supreme Court. The task force may submit all or |
| 180 | part of its recommendations at any time during the year, but a |
| 181 | final report summarizing its recommendations must be submitted |
| 182 | at the completion of its work. |
| 183 | Section 3. Subsection (4) of section 29.0095, Florida |
| 184 | Statutes, is amended to read: |
| 185 | 29.0095 Budget expenditure reports.-- |
| 186 | (4) The appropriations committees of the Senate and the |
| 187 | House of Representatives Legislative Budget Commission shall |
| 188 | prescribe the format of the report required by this section in |
| 189 | consultation with the Chief Justice and the Justice |
| 190 | Administrative Commission. |
| 191 | Section 4. Paragraph (b) of subsection (1) of section |
| 192 | 110.1245, Florida Statutes, is amended to read: |
| 193 | 110.1245 Savings sharing program; bonus payments; other |
| 194 | awards.-- |
| 195 | (1) |
| 196 | (b) Each agency head shall recommend employees |
| 197 | individually or by group to be awarded an amount of money, which |
| 198 | amount shall be directly related to the cost savings realized. |
| 199 | Each proposed award and amount of money must be approved by the |
| 200 | Legislative Budget Budgeting Commission. |
| 201 | Section 5. Paragraph (h) of subsection (1) of section |
| 202 | 216.011, Florida Statutes, is amended, and paragraph (rr) is |
| 203 | added to that subsection, to read: |
| 204 | 216.011 Definitions.-- |
| 205 | (1) For the purpose of fiscal affairs of the state, |
| 206 | appropriations acts, legislative budgets, and approved budgets, |
| 207 | each of the following terms has the meaning indicated: |
| 208 | (h) "Consultation" means communication on fiscal matters |
| 209 | between the Governor and the Legislature to deliberate and seek |
| 210 | advice in an open and forthright manner with the full committee, |
| 211 | a subcommittee thereof, the chair, or the staff as deemed |
| 212 | appropriate by the chair of the respective appropriations |
| 213 | committee. |
| 214 | (rr) "Long-range financial outlook" means a 3-year plan, |
| 215 | developed by the commission and updated annually using official |
| 216 | information, including, but not limited to, projections |
| 217 | developed by the consensus estimating conferences, which |
| 218 | projects state revenues and expenditures and provides the |
| 219 | framework and context for legislative budget requests prepared |
| 220 | by state agencies. |
| 221 | Section 6. Section 216.012, Florida Statutes, is created |
| 222 | to read: |
| 223 | 216.012 Long-range financial outlook.-- |
| 224 | (1) The commission shall develop a long-range 3-year |
| 225 | financial outlook and shall update that plan each year. |
| 226 | (2) Each state agency shall provide information to the |
| 227 | commission, based on the commission's direction, which supports |
| 228 | the commission's development and updates of the long-range |
| 229 | financial outlook. |
| 230 | (a) By July 1 of each year, the commission shall provide |
| 231 | the fiscal strategies of the long-range financial outlook to the |
| 232 | state agencies. |
| 233 | (b) By July 31 of each year, state agencies shall provide |
| 234 | estimates of the funding that would be necessary to implement |
| 235 | the fiscal strategies. |
| 236 | (c) By August 15 of each year, the commission shall: |
| 237 | 1. Accept the estimates provided by an agency; |
| 238 | 2. Modify the estimates provided by an agency; or |
| 239 | 3. Direct an agency to modify its estimates, consistent |
| 240 | with directions specified by the commission. |
| 241 | (d) By August 31 of each year, an agency directed to |
| 242 | modify its estimate shall provide new estimates to the |
| 243 | commission. |
| 244 | (e) By September 15 of each year, the commission shall |
| 245 | complete the long-range financial outlook. |
| 246 | Section 7. Subsections (1) and (13) of section 216.023, |
| 247 | Florida Statutes, are amended, and paragraph (c) is added to |
| 248 | subsection (4) of that section, to read: |
| 249 | 216.023 Legislative budget requests to be furnished to |
| 250 | Legislature by agencies.-- |
| 251 | (1) The head of each state agency, except as provided in |
| 252 | subsection (2), shall submit a final legislative budget request |
| 253 | to the Legislature and to the Governor, as chief budget officer |
| 254 | of the state, in the form and manner prescribed in the budget |
| 255 | instructions and at such time as specified by the Executive |
| 256 | Office of the Governor, based on the agency's independent |
| 257 | judgment of its needs. However, a no state agency may not shall |
| 258 | submit its complete legislative budget request, including all |
| 259 | supporting forms and schedules required by this chapter, later |
| 260 | than October September 15 of any each year, unless an |
| 261 | alternative date is agreed to be in the best interests of the |
| 262 | state by the President of the Senate, the Speaker of the House |
| 263 | of Representatives, and the Governor. |
| 264 | (4) |
| 265 | (c) The legislative budget request submitted by each |
| 266 | agency must reflect the long-range financial outlook adopted by |
| 267 | the Legislative Budget Commission, either by basing specific |
| 268 | requests on the long-range financial outlook or by explaining |
| 269 | how any specific request varies from the long-range financial |
| 270 | outlook. |
| 271 | (13) In order to ensure an integrated state planning and |
| 272 | budgeting process, the agency long-range plan should be reviewed |
| 273 | by the Legislature. The legislative budget request instructions |
| 274 | must provide for consistency between the agency's long-range |
| 275 | plan and the agency's legislative budget request. |
| 276 | Section 8. Section 216.065, Florida Statutes, is amended |
| 277 | to read: |
| 278 | 216.065 Fiscal impact statements on actions affecting the |
| 279 | budget.--In addition to the applicable requirements of chapter |
| 280 | 120, before the Governor, or Governor and Cabinet as a body, |
| 281 | performing any constitutional or statutory duty, or before any |
| 282 | state agency or statutorily authorized entity takes take any |
| 283 | final action that will affect revenues, directly require a |
| 284 | request for an increased or new appropriation in the following 3 |
| 285 | fiscal years, year or that will transfer current year funds, it |
| 286 | they shall first provide the Legislative Budget Commission and |
| 287 | the legislative appropriations committees with a fiscal impact |
| 288 | statement that details the effects of such action on the budget. |
| 289 | The fiscal impact statement must specify the estimated budget |
| 290 | and revenue impacts for the current year and the 2 subsequent |
| 291 | fiscal years at the same level of detail required to support a |
| 292 | legislative budget request, including amounts by appropriation |
| 293 | category and fund. |
| 294 | Section 9. Subsection (1) of section 216.162, Florida |
| 295 | Statutes, is amended to read: |
| 296 | 216.162 Governor's recommended budget to be furnished |
| 297 | Legislature; copies to members.-- |
| 298 | (1) At least 30 45 days before the scheduled annual |
| 299 | legislative session or such later date as is approved in writing |
| 300 | by the President of the Senate and the Speaker of the House of |
| 301 | Representatives, the Governor shall furnish each senator and |
| 302 | representative a copy of his or her recommended balanced budget |
| 303 | for the state, based on the Governor's own conclusions and |
| 304 | judgment; provided, however, that in his or her first year in |
| 305 | office a new Governor may request, subject to approval of the |
| 306 | President of the Senate and the Speaker of the House of |
| 307 | Representatives, that his or her recommended balanced budget be |
| 308 | submitted at a later time prior to the Governor's first regular |
| 309 | legislative session. |
| 310 | Section 10. Paragraph (c) of subsection (1) of section |
| 311 | 216.262, Florida Statutes, is amended to read: |
| 312 | 216.262 Authorized positions.-- |
| 313 | (1) |
| 314 | (c)1. The Executive Office of the Governor, under such |
| 315 | procedures and qualifications as it deems appropriate, shall, |
| 316 | upon agency request, delegate to any state agency authority to |
| 317 | add and delete authorized positions or transfer authorized |
| 318 | positions from one budget entity to another budget entity within |
| 319 | the same division, and may approve additions and deletions of |
| 320 | authorized positions or transfers of authorized positions within |
| 321 | the state agency when such changes would enable the agency to |
| 322 | administer more effectively its authorized and approved |
| 323 | programs. The additions or deletions must be consistent with the |
| 324 | intent of the approved operating budget, must be consistent with |
| 325 | legislative policy and intent, and must not conflict with |
| 326 | specific spending policies specified in the General |
| 327 | Appropriations Act. |
| 328 | 2. The Chief Justice of the Supreme Court shall have the |
| 329 | authority to establish procedures for the judicial branch to add |
| 330 | and delete authorized positions or transfer authorized positions |
| 331 | from one budget entity to another budget entity, and to add and |
| 332 | delete authorized positions within the same budget entity, when |
| 333 | such changes are consistent with legislative policy and intent |
| 334 | and do not conflict with spending policies specified in the |
| 335 | General Appropriations Act. |
| 336 | 3.a. A state agency may be eligible to retain salary |
| 337 | dollars for authorized positions eliminated after July 1, 2001. |
| 338 | The agency must certify the eliminated positions to the |
| 339 | Legislative Budget Budgeting Commission. |
| 340 | b. The Legislative Budget Budgeting Commission shall |
| 341 | authorize the agency to retain 20 percent of the salary dollars |
| 342 | associated with the eliminated positions and may authorize |
| 343 | retention of a greater percentage. All such salary dollars shall |
| 344 | be used for permanent salary increases. |
| 345 | Section 11. This act shall take effect upon the effective |
| 346 | date of the amendment to the State Constitution contained in |
| 347 | House Joint Resolution No. ____, or a similar constitutional |
| 348 | amendment, relating to the state budgeting, planning, and |
| 349 | appropriations processes, if that amendment is approved by the |
| 350 | electors at the general election to be held in November 2006. |